Proposed Fiber Licensing Agreement - MVLinkCopyrighted
May 5, 2025
City of Dubuque
City Council
CONSENT ITEMS # 12.
ITEM TITLE: Proposed Fiber Licensing Agreement - MVLink
SUMMARY: City Manager recommending City Council approval of a Fiber
Licensing Agreement between the City of Dubuque and
Maquoketa Valley Electric Cooperative's internet service
provider, MVLink.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. MVlink Fiber Licensing Agreement memo to the City Manager
3. FIBER LICENSING MVLINK _ 03052025-Agreement
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THE CITY OF
DUBE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Fiber Licensing Agreement - MVLink
DATE: April 30, 2025
Dubuque
AI WIN av
2007-2012.2013
2017*2019
Civil Engineer II Dave Ness, Special Projects Manager IT Chris Kohlmann, and
Sustainable Innovation Consultant David Lyons are recommending City Council
approval of a Fiber Licensing Agreement between the City of Dubuque and Maquoketa
Valley Electric Cooperative's internet service provider, MVLink. The agreement would
provide MVLink with access to excess City fiber optic cable to expand their services in
the City and County of Dubuque.
There is no negative impact to the City budget as the fiber being licensed is in excess of
City's needs for the foreseeable future and MVLink will reimburse the City its cost of
providing the fiber in the amount of $9,250.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y
Mic ael C. Van Milligen
►VA140►TAWA
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Chris Kohlmann, Special Projects Manager IT
Dave Ness, Civil Engineer II
David Lyons, Sustainable Innovation Consultant
Barry Lindahl, Senior Counsel
Jim Bousley, Project Engineer
Meggan Bennett, Engineering
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THE CITY OF
DUB TE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Dave Ness, Civil Engineer II
Chris Kohlmann, Special Projects Manager IT
David Lyons, Sustainable Innovation Consultant
SUBJECT: Proposed Fiber Licensing Agreement - MVLink
DATE: April 29, 2025
INTRODUCTION
Dubuque
All -America City
2007-2012-2013
2017*2019
The purpose of this memo is to request approval of a Fiber Licensing Agreement
between the City of Dubuque and Maquoketa Valley Electric Cooperative's internet
service provider, MVLink. The agreement would provide MVLink with access to excess
City fiber optic cable to expand their services in the City and County of Dubuque.
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.
Since that time the Initiative has resulted in collaborations with ten separate internet
providers, significantly increased access and choice of providers in Dubuque and
reduced the City's cost in deploying and maintaining a world class fiber network.
Collaborations on fiber and conduit also assist in managing limited right-of-way within
the City.
Q&*011b'%9101Z
MVLink operates a significant internet and communications network throughout
Northeast Iowa. This includes providing fiber internet service to 6450 locations within
Dubuque County and 824 locations within the City. MVLink is increasingly a partner to
the City's Broadband Acceleration Initiative as the City continues to grow out into the
Cooperative's electric service territory.
With the goal of "universal access" to fiber the City continues to monitor any areas that
have not yet received fiber access, normally caused by unique topographical or
technical issues. That is the case on Old Highway Road where the combination of
bridge crossings, railroad crossings and rock make it cost -prohibitive to reach
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businesses and residences as you go west of Seippel Road. When such situations are
identified, the City and private partners work to develop a solution. In this case the
solution is a fiber sharing agreement allowing MVLInk to cost effectively build into this
area.
BUDGETIMPACT
There is no negative impact to the City budget as the fiber being licensed is in excess of
City's needs for the foreseeable future and MVLink will reimburse the City its cost of
providing the fiber in the amount of $9,250. These collaborations also reduce the City's
overall costs in maintaining a comprehensive network for its own purposes.
REQUESTED ACTION
To reduce time and cost for the expansion of internet availability and choice we would
respectfully recommend your support of this Agreement and recommendation for
approval to the City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Jim Bousley, Project Engineer
Meggan Bennett, Engineering
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FIBER LICENSING AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MAQUOKETA VALLEY ELECTIVE COOPERATIVE
THIS AGREEMENT, dated for reference purposes the _____ day of ______, 2025,
is made and entered into by and between the City of Dubuque ("City") and Maquoketa
Valley Electric Cooperative (“MVEC”).
In consideration of the mutual covenants contained in this Agreement, the sufficiency of
which is acknowledged, the Parties agree as follows:
SECTION 1. IDENTITY OF THE PARTIES.
1.1 City is a political subdivision of the State of Iowa incorporated in accordance with
relevant provisions of Iowa law. City's address for purposes of this Agreement is City
Hall, 50 W. 13th Street, Dubuque, IA 52001.
1.2 Maquoketa Valley Electric Cooperative is a member owned electric cooperative
that offers a high-speed fiber Internet connections and whose address for purposes of
this Agreement is 109 N Huber Street, Anamosa, IA 52205-1453.
SECTION 2. DEFINITIONS. The following words shall have the meanings set forth
below. Words in the singular shall be held to include the plural and vice versa.
"Agreement" means this document including any fiber, equipment and services
referenced within this document.
"Designated Fiber" shall mean 144 strands of fiber optic cable the location of which is
generally described as 993 feet running from the City vault at 15189 Old Highway Road
to the City vault at 15418 Old Highway Road.
"Communications Equipment" means facilities or equipment provided, owned, managed
or installed by City in, around or on the Designated fiber.
SECTION 3. PARTIES' OBLIGATIONS.
3.1 City shall provide MVEC with access and permission to use the Designated Fiber,
as set out in Attachment A, at a one-time cost of Nine Thousand Two Hundred Fifty Dollars
($9,250.00).
3.2 MVEC shall bear the costs of access and use of the Designated Fiber.
3.3 City or City's authorized contractor shall perform all maintenance on the conduit,
5th May
and fiber including any repairs, restoration, and relocation that becomes necessary during
the term of this Agreement. If City incurs any costs associated with conduit or fiber repairs,
restoration or relocation, MVEC shall reimburse City for thirty-three percent (33%) of the
cost. If a third party is responsible for the repair, restoration or relocation and City is
unable to collect the cost of the repair from the third party, MVEC shall also reimburse the
City for MVEC's share of the cost of the repair as described above.
3.4 Each party will notify the other if it detects any problems that may interrupt service.
MVLink's contact is Jeff Geistkemper 319-820-0358 geistkemper(o)-mvec.com. City's
contact is Dave Ness 563-589-1722 dness@cityofdubuque.org.
SECTION 4. TERM. The initial term of this Agreement shall be twenty (20) years
commending on the day of , 2025 unless terminated earlier in
accordance with Section 9. Upon the expiration of the Initial Term, the Agreement may
be extended upon the mutual written consent of the parties.
SECTION 5. EXCLUSION OF WARRANTIES. City makes no warranty to MVEC 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 conduit or as to any other matter, all of which
warranties are hereby expressly excluded and disclaimed.
SECTION 6. INDEMNIFICATION.
6.1 Each Party shall indemnify and hold the other Party harmless from and against
any and all costs, expenses, losses, claims, damages, liabilities, settlements and
judgments arising directly out of the negligence or wrongful acts or omissions of any
officer, agent, or employee of the indemnifying Party in the performance of this
Agreement.
6.2 Nothing contained herein shall operate as a limitation on the right of either party
hereto to bring an action for damages against any third party, including indirect, special
or consequential damages, based on any acts or omissions of such third party as such
acts or omissions may affect the construction, operation or use of the Designated Fiber;
provided, however, that each party hereto shall assign such rights or claims, execute such
documents and do whatever else may be reasonably necessary to enable the other party
to pursue any such action against such third party.
SECTION 7. LIMITATION OF LIABILITY. Notwithstanding any provision of this
Agreement to the contrary, in no event shall either party be liable to the other party for
any unforeseeable special, incidental, indirect, punitive or consequential damages,
arising out of, or in connection with, transmission interruptions or problems, or any
interruption or degradation of service, including, but not limited to, damage or loss of
property or equipment, loss of profits or revenue, cost of capital, cost of replacement
services, or claims of customers, whether occasioned by any construction, reconstruction,
relocation, repair or maintenance performed by, or failed to be performed by, the other
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party or any other cause whatsoever for breach of contract or breach of warranty.
SECTION 8. MVLINK. MVEC shall have sole responsibility for testing and operation of
MVEC fiber or equipment. City shall not be responsible for the operation or maintenance
of any MVEC fiber or equipment. City shall not be responsible for the transmission or
reception of communications or signals by MVEC's fiber or equipment or for the quality
of, or defects in, such transmission or reception.
SECTION 9. TERMINATION. Either party may terminate this Agreement with or
without cause upon sixty (60) days written notice delivered to the other party. Upon
termination MVEC shall remove any and all electronics or equipment from the Designated
Fiber. Thereafter, MVEC shall have no further obligation to pay for any maintenance of
the conduit or the Designated Fiber.
SECTION 10. CONTRACT ADMINISTRATION.
10.1 Amendments. This Agreement may be amended in writing from time to time by
mutual agreement of the Parties in the same manner in which this Agreement was
approved
10.2 Third Party Beneficiaries. There are no third -party beneficiaries to this Agreement.
This Agreement is intended only to benefit City and MVEC.
10.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and
determine all matters arising out of or in connection with this Agreement without regard
to the choice of law provisions of Iowa law. In the event any judicial proceeding is
commenced in connection with this Agreement, the exclusive jurisdiction for the
proceeding shall be brought in the Iowa District Court for Dubuque County.
10.4 Integration. This Agreement, including all the documents incorporated by
reference, represents the entire Agreement between the parties and neither party is
relying on any representation that may have been made which is not included in this
Agreement. The parties agree that if a Schedule, Addendum, Rider or Exhibit or other
document is attached hereto by the parties, and referred to herein, then the same shall
be deemed incorporated herein by reference.
10.5 Not a Joint Venture. Nothing in this Agreement shall be construed as creating or
constituting the relationship of a partnership, joint venture, (or other association of any
kind or agent/principal relationship) between the parties hereto. No party, unless
otherwise specifically provided for herein, has the authority to enter into any agreement
or create an obligation or liability on behalf of, in the name of, or binding upon another
party to this Agreement.
10.6 Waiver. Any breach or default by either party shall not be waived or released other
than by writing signed by the other party. Failure by either party at any time to require
performance by the other party or to claim a breach of any provision of the Agreement
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shall not be construed as affecting any subsequent breach or the right to require
performance with respect thereto or to claim a breach with respect thereto.
10.7 Notices. Any and all notices, designations, consents, offers, acceptances or any
other communication provided for herein shall be given in writing by registered or certified
mail, return receipt requested, or by receipted hand deliver, by Federal Express, courier,
or other similar and reliable carrier which shall be addressed to each party as set forth as
follows..
TO CITY: Michael C. Van Milligen
City Manager
50 W. 13th Street
Dubuque, IA 52001
TO MVEC:
Jeff Geistkemper
Fiber Plant Manager
Maquoketa Valley Electric Cooperative
109 N Huber Street, Anamosa, IA 52205-1453
1-319-820-0358
Each such notice shall be deemed to have been provided at the earliest of the following:
(a) at the time it is actually received; or (b) in the case of overnight hand delivery courier
or services such as Federal Express with guaranteed next day delivery, within one day;
or (c) in the case of registered U.S. Mail, within five (5) days. From time to time, the
Parties may change the name and address of a party designated to receive notice. Such
change of the designated person shall be in writing to the other Party and as provided
herein.
10.8 Cumulative Rights. The various rights, powers, options, elections and remedies of
either party, provided in this Agreement, shall be construed as cumulative and no one of
them is exclusive of the others or exclusive of any rights, remedies or priorities allowed
either party by law. Nothing in this Agreement shall be construed as affecting, impairing
or limiting the equitable or legal remedies to which either party may be entitled as a result
of any breach of this Agreement.
10.9 Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed
from this Agreement. Such a determination shall not affect the validity or enforceability of
any other part or provision of this Agreement.
10.10 Obligations beyond Agreement Term. This Agreement shall remain in full force
and effect to the end of the specified term or until terminated or canceled pursuant to this
Agreement. All obligations of the parties incurred or existing under this Agreement as of
the date of expiration, termination or cancellation will survive the expiration, termination
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or cancellation of this Agreement.
10.11 Authorization. Each party to this Agreement represents and warrants to the other
that it has the right, power and authority to enter into and perform its obligations under
this Agreement and that it has taken all requisite action (corporate, statutory, or otherwise)
to approve execution, delivery and performance of this Agreement. This Agreement
constitutes a legal, valid and binding obligation upon the parties in accordance with its
terms.
10.12 Successors in Interest. All the terms, provisions, and conditions of the Agreement
shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns.
10.13 Counterparts and Facsimile Signatures. The parties agree that this Agreement
has been or may be executed in several counterparts, each of which shall be deemed an
original and all such counterparts shall together constitute one and the same instrument.
The parties further agree that the signatures on this Agreement or any amendment or
schedule may be manual or a facsimile signature of the person authorized to sign the
appropriate document. All authorized facsimile signatures shall have the same force and
effect as if manually signed.
10.14 Taxes. City is a tax-exempt entity and no payment will be made for any taxes for
any purpose by City.
10.15 Further Assurances and Corrective Instruments. MVEC agrees that it will, from
time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged
and delivered, such supplements hereto and such further instruments as may reasonably
be required for carrying out the expressed intention of t his Agreement.
10.16 Assignment and Delegation. This Agreement may not be assigned, transferred
or conveyed in whole or in part without the prior written consent of the other party, which
shall not be unduly withheld.
10.17 Insurance. MVEC shall at all times during the performance of this Agreement
maintain insurance as set forth in the attached Insurance Schedule.
CITY OF DUBUQUE, IOWA MAQUOKETA VALLEY ELECTRIC
COOPERATIVE
By: ________________________ By: ________________________
Michael C. Van Milligen Jeff Geistkemper
City Manager Fiber Plant Manager
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ATTACHMENT A
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