Amendment to Master Agreement and Project Statement - ImOn Communications LLCCity of Dubuque
City Council Meeting
Consent Items # 014.
Copyrighted
March 20, 2023
ITEM TITLE: Amendment to Master Agreement and Project Statement - I mOn
Communications LLC
SUMMARY: City Manager recommending City Council approval of the 13th
Amendment to an existing Master Agreement and Project Statement in
place between the City of Dubuque and I mOn Communications LLC
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Proposed 13th Amendment to Master Co -location and
Shared Ser\tices Agreement between the City of Staff Memo
Dubuque and I mOn Communications LLC Memo to the
City Manager
I mOn 13th Amendment project statement Staff Memo
THE CITY OF
1-6-7
Dubuque
DUB TEE
All-fimerica Ciq
1.1.11
Masterpiece on the Mississippi
2007-2012-2013
2017*2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed 13th Amendment to Master Co -location and Shared Services
Agreement between the City of Dubuque and ImOn Communications LLC
DATE: March 14, 2023
Civil Engineer 11 Dave Ness, Information Services Chris KohImann and Sustainable
Innovation Consultant David Lyons are recommending City Council approval of the 13th
Amendment to an existing Master Agreement and Project Statement in place between
the City of Dubuque and ImOn Communications LLC. There is no negative budgetary
impact to the approval of the proposed amendment.
This Amendment supports Dubuque's Broadband Acceleration Initiative, protects and
enhances existing City right-of-way and reduces the cost to City of providing a state -of
the -art fiber optic, lighting and public safety camera infrastructure on Schmitt Island.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micl�ael C. Van Milligen
MCVM-sv
Attachment
CC' Crenna Brumwell Citv Attornev
I
Cori Burbach, Assistant City Manager
Dave Ness, Civil Engineer 11
Chris KohImann, 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 11
Chris KohImann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
Dubuque
III-AmcriwCft
2007-2012-2013
2017*2019
SUBJECT: Proposed 13th Amendment to Master Co -location and Shared Services
Agreement between the City of Dubuque and ImOn Communications LLC
DATE: March 10, 2023
INTRODUCTION.
The purpose of this memo is to request approval of thel 3 th Amendment to an existing
Master Agreement and Project Statement 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 and several subsequent amendments. The collaborations have gone well and
all anticipated value to the City is being received
DISCUSSION.
ImOn and City would like to undertake a project that would allow ImOn to expand its
services within the City of Dubuque and add important new capacity to the City network
on Schmitt Island. The project will involve the extension of present conduit on Schmitt
Island all the way to the DRA facility. The project would involve the installation of ImOn
and City infrastructure. Schmitt Island, due to its limited space and its underground
(previous landfill), can be difficult and expensive to deal with. Sharing costs allows for
significant value to both parties and preserves limited right-of-way.
BUDGETIMPACT.
The estimated difference between the cost of the new infrastructure for the City and the
value of a new license payment is estimated at $12,850, which ImOn would receive as a
licensing credit. The cost to the City for this build if it undertook it by itself would be
$27,200. There is no negative budgetary impact to the approval of the proposed
amendment.
RECOMMENDATION AND ACTION REQUESTED
This Amendment supports Dubuque's Broadband Acceleration Initiative, protects and
enhances existing City right-of-way and reduces the cost to City of providing a state-of-
the-art fiber optic, lighting and public safety camera infrastructure on Schmitt Island.
We would respectfully request your approval and recommendation to City Council.
c.c. Crenna Brurnwell, City Attorney
Barry Lindahl, Senior Counsel
Steve Brown, Project Engineer
Kerry Bradley, Engineering
Marie Ware, Leisure Services Manager
13 1h Amendment to Master Co -location and Shared Services Agreement between ImOn
Communications LLC and City of Dubuque
Pursuant to the Master Co -locations and Shared Services Agreement between City of Dubuque (City)
and ImOn Communications, LLC (ImOn), dated October 16, 2017 and attached hereto, the Parties
hereby agree to the following PROJECT STATEMENT:
Narrative description of co -location and service sharing:
- City will allow ImOn access to and use of certain presently unused conduit, for purposes of providing
broadband communication services and support to the community of Dubuque.
- ImOn is responsible for obtaining all permits required from federal, state and local government
including but not limited to the Iowa Department of Transportation, the United States Corps of
Engineers, the Iowa Dept. of Natural Resources and affected railroads, if any, for work on the conduit.
- City shall have the right of prior review and approval of any installations, repairs, restoration,
relocations, improvements, enhancements and maintenance of the conduit and fiber contained therein
proposed by ImOn.
- Any additional conduit and fiber capacity available or added, other than that which is specifically
designated for ImOn, shall be considered City assets and its future use controlled by City.
- During the term of this Project Statement ImOn will have the responsibility to manage and maintain
the conduit and fiber therein, including but not limited to the following:
- ImOn shall provide physical assets and management services to City for its needs as it relates
to this conduit.
- If ImOn incurs costs associated with future fiber repairs, fiber restoration or fiber re -location
City will reimburse ImOn for a percent of such costs on a pro-rata basis based on the
proportionate amount of capacity being used by City.
- Each party will notify the other if it detects any problems that may interrupt service. ImOn
contact is . City contact is Dave Ness, 563-589-1722;
dness@citvofdubuque.org.
Co -location or service site: The co -location and/or service site for this PROJECT STATEMENT is generally
described as below and as further shown in Exhibit A:
- Shared service activity, installation, repair, restoration, relocations, improvements and
enhancements of such facilities starting at the existing City vault located at approximately 2119
Chaplin Schmitt Drive and running north and west for approximately 3,500 feet to the existing
conduit located on 2598 Greyhound Park Road, and as further specified in the attached Exhibit A.
Scope of shared service to be provided by City to lm0n:
Access to 3,500 linear feet of micro -duct starting at the existing City vault located at approximately
2119 Chaplin Schmitt Drive and running north and west for approximately 3,500 feet to the existing
conduit located on 2598 Greyhound Park Road, and as further specified in the attached Exhibit A.
Scope of shared service to be provided by ImOn to CITY:
Boring of 1,450 linear feet and placement of two 2" and one 7-way conduit, with an estimated
cost of $26,100.
Placement of two city provided R900 vaults, with an estimated cost of $1,100.
Charges and Payment Terms: The total costs to City in implementing services and fulfilling its
responsibilities under this Project Statement is $14,350. (2,050 If X $7.00 per If)
The total costs for ImOn implementing services to City and fulfilling its responsibilities under this Project
Statement is estimated at $27,200
ImOn shall be provided a license credit for the difference between actual and approved costs of
providing the services within this agreement and the sum of $14,350, presently estimated at $12,850.
There are no additional charges or payment terms required for the implementation of this Project
Statement.
Term of Project:
Start Date: March 15, 2023
20 years from the start date with 5-year extensions at the mutual agreement of the parties.
Project Statement accepted:
Dated: March 21, 2023 Dated:
CITY OF DUBUQUE, IOWA ImOn Communications
M1 I "It -
Michael Van Milligen, Dubuque City Manager
*ImOm shall provide City with invoices showing actual costs. Any deduction of conduit licensing fees
shall be based upon actual costs.
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