Proposed Amendment to Master Agreement for Shared Use ProjectsCity of Dubuque
City Council Meeting
Action Items # 5.
Copyrighted
November 1, 2021
ITEM TITLE: Proposed Amendment to Master Agreement for Shared Use Projects
between the City of Dubuque and Comelec Internet Services
SUMMARY: City Manager recommending approval of an Amendment to the Master
Agreement for Shared Use Projects with Comelec Internet Services for
a conduit collaboration to expand fiber services to the growing
commercial and residential areas on and near Cedar Cross Road and
facilitate fiber to the home extensions.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description
Type
Comelec Amendment to Master Agreement for Shared City Manager Memo
Use Projects-MVM Memo
amendment to Master Agreement for Shared Use
Projects between the City of Dubuque and Comelec Staff Memo
Internet Services memo to the City Manager
Comelec 2nd Amendment Master Services Agreement Supporting Documentation
Comelec 2nd Amendment to MSA Penn to Cedar Supporting Documentation
Cross Map with Distances
Comelec 2nd Amendment to MSA calculator of annual Supporting Documentation
payments with inflation
THE C
Dubuque
DUj!BQTE
WAWca 914
Masterpiece on the Mississippi
� pp
aoo�•o 13
Z017*20*2Q19
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Amendment to Master Agreement for Shared Use Projects
between the City of Dubuque and Comelec Internet Services
DATE: October 26, 2021
Comelec Internet Services is a locally owned and operated telecommunication and
internet services provider. It is contemplating expansion of its high-speed speed
internet service to southern portions of the community. Comelec has expressed interest
in collaborating with the City of Dubuque to accomplish this.
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. Comelec and the City entered into such a Master Agreement on April 1,
2019, and have successfully completed several collaborations. These collaborations
reduce Comelec and City costs, accelerate fiber access and competition for citizens and
businesses while preserving City right-of-way, and are consistent with the overall
strategy of the City's Initiative. Attached is an amendment to the existing Master
Agreement that will license to Comelec excess City conduit capacity to reach its
intended expansion area on and near Cedar Cross Road.
Information Services Manager Chris Kohimann, Civil Engineer II Dave Ness and
Sustainable Innovation Consultant David Lyons recommend City Council approval of an
Amendment to the Master Agreement for Shared Use Projects with Comelec Internet
Services for a conduit collaboration to expand fiber services to the growing commercial
and residential areas on and near Cedar Cross Road and facilitate fiber to the home
extensions.
Approval of this request would have a positive budgetary impact to the City. Comelec
would be charged $87,500 for the license over a 20-year term. It would make annual
payments beginning in 2021. The first payment would be $4,375 and each subsequent
annual payment would be adjusted up 3% for inflation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
2
THE CITY OF
DUBQE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
Dubuque
�IFAmm'iw G�
m.irnx�
2007-2012.2013
2017*2019
SUBJECT: Proposed amendment to Master Agreement for Shared Use Projects
between the City of Dubuque and Comelec Internet Services
DATE: October 25, 2021
INTRODUCTION
The purpose of this memo is to request approval of an amendment to the Master
Agreement for Shared Use Projects for a conduit collaboration to expand fiber services
to the growing commercial and residential areas on and near Cedar Cross Road and
facilitate fiber to the home (FTTH) extensions.
T_T6] 20]:19111 Z I ki
Comelec Internet Services is a locally owned and operated telecommunication and
internet services provider. It is contemplating expansion of its high-speed speed internet
service to southern portions of the community. Comelec has expressed interest in
collaborating with the City of Dubuque to accomplish this.
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.
Comelec and the City entered into such a Master Agreement on April 1, 2019 and have
successfully completed several collaborations. These collaborations reduce Comelec
and City costs, accelerate fiber access and competition for citizens and businesses
while preserving City right-of-way, and are consistent with the overall strategy of the
City's Initiative. Attached is an amendment to the existing Master Agreement that will
license to Comelec excess City conduit capacity to reach its intended expansion area
on and near Cedar Cross Road.
BUDGETIMPACT
Approval of this request would have a positive budgetary impact to the City. Comelec
would be charged $87,500 for the license over a 20-year term. It would make annual
payments beginning in 2021. The first payment would be $4,375 and each subsequent
annual payment would be adjusted up 3% for inflation. I have attached a scheduled of
annual payments.
ACTION REQUESTED
Please review this Memo and Agreement and let us know if you have any questions.
We would respectfully request your approval and would ask that you forward this
information to the Dubuque City Council with a recommendation for their approval to
enter into the amendment to the Master Co -Location and Shared Services Agreement
with Comelec Internet Services.
Thank you.
CC Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Steve Brown, Engineering
Barry Lindahl, Senior Counsel
Second Amendment to Master Co -location and Shared Services Agreement between
Comelec Internet Services and the City of Dubuque
Pursuant to the Master Co -location and Shared Services Agreement between City of Dubuque (CITY) and
Comelec Internet Services (COMELEC), dated and attached hereto, the Parties
hereby agree to the following PROJECT STATEMENT:
Narrative description of co -location and service sharing:
CITY will provide COMELEC access to existing conduit and micro -duct running from the NE
corner of the intersection of Riley Drive and Pennsylvania Avenue to the Tower located at
approximately 3100 Cedar Cross Court and as further described on the attached Exhibit.
Charges and Payment Terms:
As estimated, the total cost to the CITY for fulfilling its services under this Project Statement
which shall be paid by COMELEC is $87,500 (conduit: 12,500 If X $7 = $87,500)
Twenty (20) year term beginning , 2021 and running through , 2041.
COMELEC or CITY may request up to two five-year extensions of the agreement at the same
annual cost, and such extension shall not be unreasonably denied.
Exchange of Value:
The value provided by CITY to COMELEC is $87,500. The value provided by COMELEC to CITY is $87.500.
Project Statement Accepted:
Dated: November 2. 2021
CITY OF DUBUQUE
By:
Michael C. Van Milligan, Dubuque City Manager
Dated: /D'——
COMELEC INTERNET SERVICES
By: t„
ter 4oW6/&,# Aees1d0q t
November 2, 2021
PENNSYLVANIA'-AVE
ALA
d. `_ L,�:-
_ r ► r GLENCOVE(AAA
1 1 ` a
r' lIL
Q, AAA
AAA AJ wR
— 1� f
r '*
-�;. i3� .
c` LIP� r
2 r It A CRESTWOOD DR
1
4PA 'A A I - - -.ILL
_ A l • f
ALL, AAAAAAAr
W EASTGATE CTAw
m ;
Z Sx Y•rel�� _ S r
3
- Q • I At
— — — A + lit _At
ALI
�vi AAA
ILL
Log I
A VIA
`s _
VV V� AV ALL All At LIP
jr
IV 4
f IQ
« ALL- *I to. ALI �AV 'I A 4 A
R " STONEMAN RD
IQ, al
y.. ..
k ^f�Y z f:o .
AAA
i ♦ �... '. ; .,
-,
_ i,
i w ..< s 1
_r }
CENTURY CIRCLE ' •' r�x' "il ALIQ A Arr, It
i�� - 41 A • •-
c l' At ! I
AAA A-
VIA - b e �?� J
At ALI
`:1!
ice%,+
.•E
I
�, � '� ,
ut. .'ys �$j k • l t ..F �� � � �
r.: e r,;�( 4 M f �
� -
r�."� �
.�
.,-,
J Y. �
Y � �
r �.
--�.
ti ;'4 �
7 R x•t� 1
' ? ":;
. J_ � r _ �_ i .V
�, .. _ - � � t � � -
�� � i � � }.
_ _ J
is � '� iJ4 � - � � -
' �.
-. _. � �
�� ,
• >!`:' -1 . - -- - — tit ... y....
,_. r_ i . ,
r^ � iiii� I is � �'�'�'� - ��a
•- n R 4
.�, _ —�
d _ _ m
_ __ __ - -
f _'�-._ � � ,,,�:.—.�—�.- ^_ — —_ � �---- DODGE 57 a �Y`__'.t __ _ — � — "'' _
�s� - •
�a } � , , '
,� ✓ f1�' ,� s�
_ ; '' t
- ; : -' �„
- • _r,_ � CENTER GROVE DR � � f
i�f.;;ii5 �,"Si 3.i. :��� Chi �•' l!j° `j�J�'�
� •• � ' y. ,�'a
1 I l y4y�,p��y• 6
1 - 4 ..`�yjW?,. `.
k,y �Cs .�' �{'
ga t �,
,.� r. � } ��. ;x
-•. it. � .. r� . �:
I�, a •. ,� .;.
t k
P�� �}Q �e• *�• R / �'41v
Xp )Y
��{ ��• ��
,� r q
. 'aft '�-�' "�' qqi '' ,� �f �3 s� � ,i�. t
IF
.Ft
Jim
1 ,Firf" r
LAKE FRONT DR c 4P
., �.ap
C.. ,. a.
on 1� pp
CA
J` a is 1.'
a -.. IF I
IF Ft I
It
44 Search 4:26 PM Mon Oct 4
< Maps
r.Y
WNW I
3�~+ .Y >.
A. wooro
rrr
_maIdI
c
It
O
%* 4r 4
;.
C � • [ 41 ^ 3 �r
WNW
I4IN
Am F
`� 'A r, a 1` r •R
Not' f
^� r
IN r
PP
NoIt
NNW
If
Itq NI
�Lt
�p r
aItI.
>
d IN
' " ♦ ty
;.. t ''?
Year
Payment Date
Payment
3% annual Inflator
1
12/1/2021
4,375.00
-
2
11/30/2022
4,506.25
131.25
3
11/30/2023
4,641.44
135.19
4
11/30/2024
4,780.68
139.24
5
11/30/2025
4,924.10
143.42
6
11/30/2026
5,071.82
147.72
7
11/30/2027
5,223.98
152.15
8
11/30/2028
5,380.70
156.72
9
11/30/2029
5,542.12
161.42
10
11/30/2030
5,708.38
166.26
11
11/30/2031
5,879.63
171.25
12
11/30/2032
6,056.02
176.39
13
11/30/2033
6,237.70
181.68
14
11/30/2034
6,424.83
187.13
15
11/30/2035
6,617.58
192.75
16
11/30/2036
6,816.11
198.53
17
11/30/2037
7,020.59
204.48
18
11/30/2038
7,231.21
210.62
19
11/30/2039
7,448.14
216.94
20
11/30/2040
7,671.59
223.44
117,557.89