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Proposed Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and Unite Private Network Copyrighted May 1, 2023 City of Dubuque Consent Items # 010. City Council Meeting ITEM TITLE: Proposed Amendment to Master Co-location and Shared Services Agreement Between the City of Dubuque and Unite Private Network SUM MARY: City Manager recommending City Council approval of an amendment to an existing Master Agreement and Project Statement between the City of Dubuque and Unite Private Network (UPN). SUGGESTED Suggested Disposition: Receive and File;Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Proposed Amendment to Master Co-location and Shared Services Agreement Between the City of Staff Memo Dubuque and Unite Private Nefinrork memo to the City Manager Amendment 8 to Master Co-location and Shared Services Agreement Between the City of Dubuque and Supporting Documentation Unite Private Network Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� 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 Unite Private Network DATE: April 26, 2023 Dave Ness, Civil Engineer II, Chris Kohlmann, Information Services Manager, and David Lyons, Sustainable Innovation Consultant are recommending City Council approval of an amendment to an existing Master Agreement and Project Statement between the City of Dubuque and Unite Private Network (UPN). UPN would like to undertake an additional project that would provide broadband capacity and support for enhanced telephony services to businesses on the southern edge of the City. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv 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 Dubuque THE CITY OF � �IFMmerip Ci�r DUB E '�I , �I.' �� 2007•2012•2013 Masterpiece on the Mississippi zoi�*Zoi9 TO: Michael C. Van Milligen, City Manager FROM: Dave Ness, Civil Engineer II Chris Kohlmann, Information Services Manager David Lyons, Sustainable Innovation Consultant SUBJECT: Proposed Amendment to Master Co-location and Shared Services Agreement Between the City of Dubuque and Unite Private Network DATE: April 26, 2023 INTRODUCTION The purpose of this memo is to request approval of an amendment to an existing Master Agreement and Project Statement between the City of Dubuque and Unite Private Network (UPN) 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 the City of 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 UPN entered into a Master Co-location and Shared Services Agreement to accelerate the deployment of new broadband capacity in the City of Dubuque. The initial Project Statements under that collaboration have gone well and all anticipated value to the City is being received. DISCUSSION UPN would like to undertake an additional project that would provide broadband capacity and support for enhanced telephony services to businesses on the southern edge of the City. The project would involve the sharing and upgrading of certain City conduit assets. The market value for this collaboration to both City and UPN would be $12,800. BUDGET IMPACT There is no negative budgetary impact on the approval of the proposed additional project. Approving this proposed amendment will create new conduit capacity for the City and result in a net license payment of approximately $7,680. RECOMMENDATION AND ACTION REQUESTED This amendment to the existing Master Co-location and Shared Services Agreement with Unite Private Network creates new revenue and enhances the City of Dubuque's on-going capacity to provide a state-of-the-art fiber optic infrastructure to its residents. 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 Meggan Bennett, City Engineering AMENDMENT NO. 8 TO MASTER CO-LOCATION AND SHARED SERVICES AGREEMENT BY AND BETWEEN UNITE PRIVATE NETWORK AND CITY OF DUBUQUE Pursuant to the Master Co-locations and Shared Services Agreement by and between City of Dubuque (City) and Unite Private Network (UPN) effectively dated November 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 UPN 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 community of the City of Dubuque. - UPN is responsible for obtaining all permits required from federal, state or local government including but not limited to lowa Department of Transportation, United States Corps of Engineers, lowa Dept. of Natural Resources and applicable 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 UPN. - Any additional conduit and fiber capacity available or added, other than that which is specifically designated for UPN, shall be considered City assets and its future use controlled by City. - During the term of this Project Statement UPN will have the responsibility to manage and maintain the conduit and fiber therein, including but not limited to the following: 0 UPN shall provide physical assets and management services City for its needs as they relate to this conduit and as further defined in Exhibit A attached hereto. 0 If UPN incurs costs associated with future fiber repairs, fiber restoration or fiber relocation, City will reimburse UPN for a percent of such costs on a pro-rata basis based on the proportionate utilization of the conduit by City � Each party will notify the other if it detects any problems that may interrupt service. UPN contact is City contact is Dave Ness, City Engineering, dness@cityofdubuque.org (563) 589-1722. Co-location or service site: The co-location and/or service site for this PROJECT STATEMENT is as generally described below and as further shown on Exhibit A: - Shared service activity, repair, restoration, relocations, improvements and enhancements of such facilities starting at approximately the NW corner of the intersection of Highway 151/61 and Twin Valley Drive and running to the NW corner of Intersection of 151/61 and Lake Elenore Road and as further specified in Attachment A - City will provide UPN access to 2,560 linear feet of a one-inch conduit, valued at $5 per If. - UPN will line that one-inch conduit with 2-12.7/10 and 1-10/8 micro-ducts at no cost to City. - UPN will also line an additional City one-inch conduit on that route with 1-16/12 and 1-10/8 micro-duct. The actual cost of which, after City review and approval, may be deducted from UPN's license payment to City. Charges and Payment Terms: As estimated, the total costs to City in implementing services under this amendment to UPN is $12,800 ($2,560 If X $5 per If) The estimated costs to UPN in providing the services under this Amendment is $5,120, and the actual costs may, upon City review and approval, be deducted from UPN's license payment of $12,800. There are no additional charges or payment terms required for the implementation of this Project Statement. Term of Project: Start Date: April 15, 2023 Twenty (20) years from the Start Date with five (5) year extensions at the mutual prior written agreement of the parties. Project Statement accepted: Dated: Dated: CITY OF DUBUQUE, IOWA UNITE PRIVATE NETWORK By: By: Michael Van Milligen, City Manager EXHIBIT A - .- ��'�_y�� '- - �r ,.� �'7�"� �.. *�� , � �� 1 .. , . i� � Tk.. ,q � f fl,� �`� , �+. �;�� .� :�:,� .'.� � �� q � .r �°�'',f '�f�� , � � � '-,�„�f � �.$� ��,,_ +�� ,. • � ��'�' .�\�� ' � fy` ,. / �.` Y��Cp ,v .� `4 : -� ��Cp � �� + � � p �, d," , . �R 7. . � � �� . �� '� � ' �. 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