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Amendment to Master Co-location and Shared Services Agreement with ImOn Communications LLC Asbury Rd and Clarke DrCity of Dubuque City Council Meeting Consent Items # 14. Copyrighted February 21, 2022 ITEM TITLE: Proposed Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and I mOn Communications LLC Asbury Rd and Clarke Dr SUMMARY: City Manager recommending approval of a new project statement and amendment to an existing Master Agreement in place between the City of Dubuque and ImOn Communications LLC. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and City Manager Memo ImOn Communications LLC Asbury Rd and Clarke Dr- MVM Memo Agreement between the City of Dubuque and ImOn Communications LLC Asbury and Clarke memo to the Staff Memo City Manager Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and Supporting Documentation ImOn Communications LLC Asbury Rd and Clarke Dr Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and Supporting Documentation ImOn Communications LLC Exhibit 1 THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque All -America City IN 2007.2012.2013 2017*2019 SUBJECT: Proposed Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC Asbury Rd and Clarke Dr DATE: February 16, 2022 Civil Engineer II Dave Ness, Information Services Manager Chris Kohlmann, Sustainable Innovation Consultant David Lyons are recommending City Council approval of a new project statement and Amendment to an existing Master Agreement in place between the City of Dubuque and ImOn Communications LLC. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen IL[yTILiWIIIIIIIIIIIIIII IIIIIIIII 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 THE CITY OF DUB TE 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 IIFlmeriw Cft 2007-2012.2013 2017*2019 SUBJECT: Proposed Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC Asbury Rd and Clarke dr DATE: February 15, 2022 INTRODUCTION The purpose of this memo is to request approval of a new project statement and Amendment to an existing Master Agreement in place between the City of Dubuque and ImOn Communications LLC. BACKGROUND 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 2017 the City of Dubuque and ImOn entered into a Master Co -location and Shared Services Agreement to accelerate the deployment of new broadband capacity in Dubuque. All Project Statements under that collaboration to date have gone well and all anticipated value to the City is being received. DISCUSSION ImOn would like to undertake a new project that would add significant capacity to their expanding Dubuque fiber network. The project would involve the licensing of certain City conduit to accelerate ImOn's fiber -to -the -home build out through -out the neighborhoods along Asbury Road and Clarke Drive. The market value for the collaboration to ImOn is $277,975. The market value for the collaboration to the City is $277,975. BUDGETIMPACT There is no negative budgetary impact to the approval of this Project Statement and Amendment. ImOn will contribute an additional $277,975 to off -set the City's cost for providing a state-of-the-art fiber optic infrastructure for the community. RECOMMENDATION AND ACTION REQUESTED This Project Statement and Amendment supports Dubuque's Broadband Acceleration Initiative and reduces the cost to City of providing a state-of-the-art fiber optic infrastructure. We would respectfully request your approval and recommendation to City Council. c.c. Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Steve Brown, Project Engineer Amendment to Master Co -location and Shared Services Agreement between ImOn Communications and the City of Dubuque Pursuant to the Master Co -location and Shared Services Agreement between City of Dubuque (CITY) and ImOn Communications (IMON), dated December 28, 2021 and attached hereto, the Parties hereby agree to the following PROJECT STATEMENT: Narrative description of co -location and service sharing: - CITY will provide IMON access to an existing two-inch conduit and shared vault system running from the SW corner of the intersection of NW Arterial and Asbury Road to the SE corner of the intersection of Clarke Drive and North Grandview Avenue estimated at 13,627 linear feet and as show on Exhibit 1. This conduit access is valued and charged at $8 per linear foot. - CITY will provide access to one seven -way micro -duct and shared vault system from the SW corner of the intersection of Radford Road and Asbury Road to the SW corner of the intersection of Asbury and St Ambrose Street and the NW corner of the intersection of Clarke Drive and Madison Street estimated at 24,137 linear feet and as shown in Exhibit 1. This conduit is valued and charged at $7 per linear foot. Charges and Payment Terms: As estimated, the total cost of City for fulfilling its services under this Project Statement, which shall be applied to the accrued construction and services account with the City, is $277,975 (13,627 If x $8 and 24,137 x $7 = $277,975) Twenty (20) year term beginning February 1, 2022 and running through January 31, 2042. IMON or CITY may request up to two five-year extensions of the agreement at the same value, and such extension shall not be unreasonably denied. Exchange of Value: The value provided by CITY to IMON is $277,975. The value provided by IMON to CITY is $277,975. Project Statement Accepted: Dated: CITY OF DUBUQUE .'.a2 Dated: December 28, 2021 IMON COMMUNICATIONS 32 l Digitally signed by Patrice M.Carroll Patrice M. Carrol Date: 2021.12.28 09:00:28-06'00' Michael C. Van Milligan, Dubuque City Manager Patrice Carroll, CEO Exhibit 1 •-iFr-;•,• ..-tea!° :�`: r ,-:r- 1