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Extension of Fiber Optic Cable Facilities Agreement with Mediacom Iowa LLC Copyrighted August 7, 2023 City of Dubuque Items to be set for Public Hearing # City Council Meeting 03. ITEM TITLE: Extensionof FiberOptic Cable FacilitiesAgreementwith Mediacom lowa LLC SUM MARY: City Manager recommending City Council set a hearing on August 21, 2023, to approve the Mediacom request to extend the Fiber Optic Cable Facilities Agreement with the City of Dubuque for ten years with a one- time payment of$55,461.60. RESOLUTION Setting a Public Hearing on an Amendment to the Fiber Optic Cable Facilities Agreement Between the City of Dubuque, lowa and MCC lowa LLC SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing forAugust DISPOSITION: 21, 2023Suggested Disposition: ATTACHMENTS: Description Type MVM Memo City Manager Memo Extension of Fiber Optic Cable Facilities Agreement Staff Memo with Mediacom lowa LLC memo to the City Manager Resolution Setting for Public Hearing E�ension of Fiber Optic Cable Facilities Agreement with Mediacom Resolutions lowa LLC Amendment to Fiber Optic Facilities Agreement with Supporting Documentation MCC lowa LCC 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: Extension of Fiber Optic Cable Facilities Agreement with Mediacom lowa LLC DATE: August 1, 2023 Civil Engineer II Dave Ness, Information Services Manager Chris Kohlmann, and Sustainable Innovation Consultant David Lyons are recommending City Council set a hearing on August 21, 2023, to approve the Mediacom request to extend the Fiber Optic Cable Facilities Agreement with the City of Dubuque for ten years with a one-time payment of $55,461.60. 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 Chris Kohlmann, Information Services Manager David Ness, Civil Engineer II 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: Extension of Fiber Optic Cable Facilities Agreement with Mediacom lowa LLC DATE: July 31, 2023 Introduction Mediacom has contacted the City to extend the Fiber Optic Cable Facilities Agreement with the City of Dubuque. Background In July 2017, the City of Dubuque entered into the Fiber Optic Cable Facilities Agreement with Mediacom. Mediacom was facing significant costs to replace an old fiber conduit that would be lost due to the construction of the Southwest Arterial. The Agreement allowed Mediacom to access a small portion of the City's conduit and fiber running from the Dubuque Technology Park to the Dubuque Regional Airport. Mediacom has requested to extend that Agreement. This arrangement has worked well with Mediacom avoiding significant new costs and the City earning revenue from its excess fiber capacity. The original Agreement approved by the City Council allowed for a three-year term, with one three-year extension which Mediacom has already taken advantage of. The proposal is to amend that original Agreement to allow for a ten-year extension of the Agreement. All other provisions of the original Agreement stay in place. Proposal We have developed a proposed Amendment to the Fiber Optic Cable Facilities Agreement (attached) between the City of Dubuque and Mediacom. It would allow Mediacom to continue to access fiber for a period of ten (10) years. Mediacom would compensate the City with a one-time payment of $3.60 per linear foot, for 15,406 linear feet of fiber. This would be an up-front, one-time payment of$55,461.60. Budget Impact There would be a positive revenue impact of$55,461.55 and no cost to the City for implementing this Amendment. Recommendation The Amendment fits within the overall goals set for the City's broadband acceleration initiative, including: • Reducing the costs for private broadband investments and services in the City of Dubuque; • Generating increased connectivity and access within the community of Dubuque; � Generating revenue for the City to maintain and expand its fiber infrastructure; and • Preserving limited public right-of-way. Action Requested We would seek your review and request your recommendation to the City Council to set the Amendment for public hearing and approval on August 21, 2023. c.c. Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Steve Brown, Project Engineer Kerry Bradley, Engineering Prepared by Christine Kohlmann, Information Services Manager, 1300 Main Street, Dubuque, IA 52001,(563)589-4281 Return to Trish Gleason, Assistant City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563)589-4100 RESOLUTION NO. 252-23 SETTING A PUBLIC HEARING ON AN AMENDMENT TO THE FIBER OPTIC CABLE FACILITIES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA LLC Whereas, the City of Dubuque (City) and Mediacom Iowa LLC (Mediacom) entered into the Fiber Optic Cable Facilities Agreement on July 17, 2017 (the Agreement); and Whereas, the City and Mediacom agree that the Agreement should be amended as set forth in the attached Amendment; and Whereas, before the Amendment may be adopted, the City Council shall hold a public hearing on the amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City of Dubuque intends to dispose of its interest in the foregoing Agreement by Amendment. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-described Property by Lease Supplement, to be held on the 21 st of August, at 6:30 o'clock p.m. at the Historic Federal Building, 350 W 6th St, Dubuque, Iowa. Passed, approved, and adopted this 7th day of August, 2023. Bra . avanagh, Mayor Attest: Trish L, Gleason, Assistant City Clerk AMENDMENT TO FIBER OPTIC CABLE FACILITIES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA LLC This Amendment, dated for reference purposes the day of , 2023, is made and entered into by and between the City of Dubuque, lowa ("City") and MCC lowa LLC, a Delaware Limited Liability Company ("Mediacom"). Whereas, City and Mediacom entered into the Fiber Optic Cable Facilities Agreement on July 17, 2017 ("Agreement"); and Whereas, the City and Mediacom agree that the Agreement shall be amended as follows. Section 1. SECTION 4 TERM shall be amended to read as follows: SECTION 4. TERM. The Term of the Agreement shall be from July 17, 2017, until midnight on July 1, 2033. Section 2. This Amendment is subject to Mediacom paying to the City of Dubuque $55,461.60 for full payment on or before September 1, 2023. Section 3. All other terms of the Agreement shall remain in full force and effect. City of Dubuque, lowa MCC IOWA LLC By: By: