Proposed Amendment to Master Agreement for Shared Use Projects to License Additional Fiber Capacity to the Iowa Communications and Technology Commission (ICN)City of Dubuque
City Council
CONSENT ITEMS # 12.
Copyrighted
March 17, 2025
ITEM TITLE: Proposed Amendment to Master Agreement for Shared Use
Projects to License Additional Fiber Capacity to the Iowa
Communications and Technology Commission (ICN)
SUMMARY: City Manager recommending City Council approval of an
amendment to the existing Master Agreement for Shared Use
Projects between the City of Dubuque and the Iowa
Communications and Technology Commission (ICN) to
provide ICN with fiber capacity needed to complete their
connection to the new Public Safety Answering Points
(PSAP) located at 7900 Chavenelle Road.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Shared Use Project to License Additional Fiber Capacity to ICN for 911 PSAP
Memo to City Manager
3. ICN CITY Proposed ICN AMENDMENT 1 TO MASTER AGREEMENT Rv12-4 (1)
Page 435 of 848
Dubuque
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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 to
License Additional Fiber Capacity to the Iowa Communications and
Technology Commission (ICN)
DATE: March 12, 2025
Civil Engineer II Dave Ness, Special Project Manager — IT Chris Kohlmann, and
Sustainable Innovation Consultant David Lyons are recommending City Council
approval of an amendment to the existing Master Agreement for Shared Use Projects
between the City of Dubuque and the Iowa Communications and Technology
Commission (ICN) to provide ICN with fiber capacity needed to complete their
connection to the new Public Safety Answering Points (PSAP) located at 7900
Chavenelle Road.
The ICN provides the State of Iowa Homeland Security required fiber optic connection
for Iowa PSAPs and support of 911 call routing and response system. With the
Dubuque PSAP re -locating to the new 911 Center located at 7900 Chavenelle Road,
ICN needs to make a new fiber connection.
There is no negative impact to the City budget as the ICN will reimburse the City for its
costs in providing this fiber in the amount of a one-time payment of $24,732.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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, Special Project Manager - IT
David Lyons, Sustainable Innovation Consultant
Page 436 of 848
Barry Lindahl, Senior Counsel
Jim Bousley, Engineering Project Manager
Kerry Bradley, Engineering
Meggan Bennett, Engineering
Page 437 of 848
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
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2017*2019
SUBJECT: Proposed Amendment to Master Agreement for Shared Use Projects to
License Additional Fiber Capacity to the Iowa Communications and Technology
Commission (ICN)
DATE: March 12, 2025
INTRODUCTION.
The purpose of this memo is to request approval of an amendment to the existing
Master Agreement for Shared Use Projects between the City of Dubuque and the ICN
to provide ICN with fiber capacity needed to complete their connection to the new PSAP
located at 7900 Chavenelle Road.
BACKGROUND.
.The ICN is authorized by Iowa Code Chapter 8D to operate a communications network
in the State of Iowa to meet the broadband needs of education, government, public
safety, healthcare and other statutorily defined entities. The City of Dubuque and the
ICN have previously entered into a Master Agreement for Shared Use Projects under
which the ICN can utilize existing City fiber capacity and assets to carry out their duties.
In return, the City is provided with value in the form of license revenue or internet
capacity. The ICN provides the State of Iowa Homeland Security required fiber optic
connection for Iowa PSAPs (Public Safety Answering Points) and support of 911 call
routing and response system. With the Dubuque PSAP re -locating to the new 911
Center located at 7900 Chavenelle Road, ICN needs to make a new fiber connection.
DISCUSSION.
The closest connection point for the ICN to 7900 Chavenelle Road is over two miles
away at the Dubuque Armory. Boring a new conduit and placing fiber and handholds to
create a new connection would be prohibitively expensive. The City of Dubuque has
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previously worked with private sector partners to place conduit, handholds and fiber
along both Old Highway Road and Sieppel Road, including access into the City Data
Center at 7900 Chavenelle Road. City has excess capacity along this route and
allowing the ICN to utilize existing City fiber to make this connection that will
significantly reduce the costs which otherwise would be charged to the PSAP. City
costs would be reimbursed by a one-time license payment from the ICN.
BUDGET IMPACT.
There is no negative impact to the City budget as the ICN will reimburse the City for its
costs in providing this fiber in the amount of of a one-time payment of $24,732.
RECOMMENDATION AND ACTION REQUESTED.
In order to reduce time and cost for an ICN connection to be made to the new Dubuque
PSAP, we would respectfully recommend your support of this amendment and
recommendation for approval to the City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Jim Bousley, Engineering Project Manager
Kerry Bradley, Engineering
Meggan Bennett, Engineering
Page 439 of 848
AMENDMENT #1 TO MASTER AGREEMENT 17-121 FOR SHARED USE PROJECTS
BETWEEN THE IOWA COMMUNICATIONS NETWORK THE CITY OF DUBUQUE IOWA
This AMENDMENT is made by and between the State of Iowa, Iowa Telecommunications and Technology
Commission operating as the Iowa Communications Network (collectively the "ICN") and the City of
Dubuque, Iowa ("City"), a municipal corporation organized and existing under the laws of the State of
Iowa. ICN and City may also be referred to as the "Parties" or "Party" as the context allows.
The Parties entered into a MASTER AGREEMENT FOR SHARED USE PROJECTS on 20_,
which is attached hereto. That Agreement sets forth the initial terms and conditions which will apply to
the ICN and City relating to the shared installation, use and maintenance of communications facilities
and services within the City of Dubuque, Iowa.
Pursuant to that Master Agreement the Parties may enter into subsequent Shared Use Projects ("SUP")
which would be added by amendment to the Master Agreement.
Purpose of the Amendment. The Parities wish to enter into SUP and amend the Master Agreement as
follows:
• City will provide ICN license to use one designated fiber pair (two fibers) running from
approximately the NW corner of the intersection of Radford Road and Old Highway Road west to
the intersection of Old Highway Road and Sieppel Road and then north along Seippel Road and
connecting into the City data center at 7900 Chavenelle Road, and as further shown on
attachment A.
• Access shall only be by an approved splice point and connection to the designated fiber which
location and method has been reviewed and pre -approved in writing by City.
• ICN will bear the costs of any approved splice point and cost of reconfiguring any City's sheath as
needed.
• At such time as the City has completed its second network connection, as shown in Exhibit B, it
shall provide ICN with emergency access to that redundant connection at no cost to ICN.
• The initial term of the SUP shall be twenty (20) years from the acceptance date (the "Initial
Term") unless terminated earlier in accordance with the Master Agreement. Upon expiration of
the Initial Term, the Parties may extend for two additional five (5) year terms upon written
request by ICN not less than 60 days prior to the expiration of the current Term of this SUP and
approval by the City. Any extension shall require an additional one-time payment unless waived
by the City.
• ICN shall provide a one-time payment of $24,732 for this SUP composed of the following:
o Fiber costs of $2.00 per linear foot for 11,616 linear feet of fiber.
o Extraordinary costs of $1,500 for the railroad crossing on Sieppel Road.
• A City authorized contractor shall perform all maintenance on the Fiber, including any Fiber
repairs, Fiber restoration, and Fiber relocation that becomes necessary during the term of this
Agreement
• If ICN or a contractor operating under the direction of ICN performs any splicing, accesses splice
cases, or performs any other procedure that could accidentally disrupt the passage of light in the
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Fibers or otherwise directly impact City's Fibers, the activity must be pre -planned and approved
by City in advance. ICN shall call City's Coordinator to schedule:
Chris Kohlmann Information Services Department Manager
1300 Main Street Dubuque, IA 52001
(Office) 563.589.4280 (Cell) 563.599.2695
ckohlman@cityofdubuque.org
• Each party will notify the other for emergency or planned maintenance activities that could
impact the fibers, or if it detects any problems that may interrupt service. ICN's contact is:
ICN Service Desk: Phone: 1-800-572-3940, E-mail: icnservicedesk@iowa.gov
City's Contact is:
Chris Kohlmann Information Services Department Manager
1300 Main Street Dubuque, IA 52001
(Office) 563.589.4280 (Cell) 563.599.2695
ckohlman@cityofdubuque.org
• City makes no warranty to ICN or any other entity, whether express, implied or statutory, as to
the installation, description, quality, merchantability, completeness, useful life, future economic
viability, or fitness for any particular purpose of the designated fiber, any fibers, or the system, or
as to any other matter within this SUP, all of which warranties are hereby expressly excluded and
disclaimed.
All provisions of the Master Agreement remain in force and effect.
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and
valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged,
the parties have entered into the above Amendment and have caused their duly authorized
representatives to execute this Agreement.
CITY OF DUBUQUE, IOWA IOWA COMMUNICATION NETWORK
By: �� By:
Michael C. Van Milligen
Brian Clayton
City Manager ICN Contracting Officer
Exhibit A
Exhibit B
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