Master Co-Location and Shared Services Agreement with Unite Private Networks, LLCCity of Dubuque
Copyrighted
November 6, 2017
Consent Items # 28.
ITEM TITLE: Master Co -Location and Shared Services Agreement
Between the City of Dubuque, Iowa and Unite Private
Networks, LLC
SUMMARY: City Manager recommending approval of a Master Co -
Location and Shared Services Agreement between the City
of Dubuque, Iowa and Unite Private Networks, LLC for
improving fiber capacity in the Kerper Blvd., Rhomberg
Ave. and Hawthorne Ave. areas.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Unite Private Networks Master Co -Location and Shared
Services Agreement -MVM Memo
Master Co -Location and Shared Services Agreement
Between the City of Dubuque, Iowa and Unite Private
Networks, LLC memo to the City Manager
MASTER CO -LOCATION AND SHARED SERVICES
AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA
Master Co -Location and Shared Services Agreement
Between the City of Dubuque, Iowa and Unite Private
Networks, LLC Project Statement Attachment 1
Master Co -Location and Shared Services Agreement
Between the City of Dubuque, Iowa and Unite Private
Networks, LLC Project Statement Attachment 2
Master Co -Location and Shared Services Agreement
Between the City of Dubuque, Iowa and Unite Private
Networks, LLC Project Statement Attachment 3
City Manager Memo
Staff Memo
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Masterpiece on the Mississippi
Dubuque
1111•1.eda City
'111'
2007 2012
2013.2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Master Co -Location and Shared Services Agreement Between
the City of Dubuque, Iowa and Unite Private Networks, LLC
DATE: October 31, 2017
UPN (Unite Private Networks) approached the City of Dubuque to discuss the
placement of new fiber assets to support broadband and small cell telephony expansion
in the community, particularly in the central core and Kerper Industrial area. UPN has a
strong and growing presence in central and eastern Iowa. The City has also had a
previous small, successful collaboration with UPN.
City staff and Greater Dubuque Development Corporation worked to organize this larger
opportunity to create both significant savings to the City, as well as bring substantial
new capacity to areas of the business community expressing broadband needs. Early
in the discussions it became clear that there was significant over -lap between UPN's
interest in placement of new fiber and the City's existing plans for improving fiber
capacity in the Kerper, Rhomberg and Hawthorne areas and reaching multiple City
users, including the Water Plant, Sutton Pool and several others.
The project which then developed is a sharing agreement where UPN can leverage
16,200 linear feet of existing City conduit. In return, the City can leverage 8,700 linear
feet of new UPN conduit. The City also receives maintenance on the entire conduit
route, camera duct and future broadband services. The project also significantly
accelerates the availability of redundant broadband coverage through the Kerper,
Rhomberg and Bee Branch areas.
A review of the agreed to co -location and shared services estimates that the value to
UPN is $93,000 and the estimated value to the City is $107,800. There should be no
negative budgetary impacts from the implementation of the Master Agreement with UPN
to the City and both a near-term and long-term positive budget impact of reducing the
need for stand-alone City installed broadband on the City's north side.
Information Services Manager Chris Kohlmann, Traffic Engineer Dave Ness and
Greater Dubuque Development Corporation Sustainable Innovations Consultant David
Lyons recommend City Council approval of a Master Co -Location and Shared Services
Agreement between the City of Dubuque, Iowa, and Unite Private Networks, LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen'
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Chris Kohlmann, Information Services Manager
Dave Ness, Traffic Engineer
David Lyons, Sustainable Innovations Consultant, GDDC
2
THE CITY OF
DUB
Masterpiece on the Mississippi
Dubuque
hfril
All -America City
11111!
2007 • 2012 • 2013 • 2017
TO: Michael C. Van Milligen, City Manager
FROM: Chris Kohlmann, IS Manager — City of Dubuque
Dave Ness, Traffic Engineer — City of Dubuque
David Lyons, Sustainable Innovations Consultant — Greater Dubuque
Development Corporation
SUBJECT: Proposed Master Co -Location and Shared Services Agreement Between
the City of Dubuque, Iowa and Unite Private Networks, LLC
DATE: October 31, 2017
INTRODUCTION
As a smaller metropolitan area, Dubuque faces significant challenges to continue to
grow its economy and community. "Connectivity" plays a key role in decision-making by
families and companies when deciding where to locate. In this new "work from
anywhere/connect from everywhere" society they want to locate where there is globally
competitive broadband and telephony services. Telecommunications services have
become the "4th Utility". Just as it is no surprise that companies and families won't
locate where there is no access to electricity, gas or water, the same is now true for
broadband fiber and mobile telephony.
BACKGROUND
Feedback around telecommunications services, provided to us by residents and
industry, illustrates the perception that Dubuque must improve its connectivity if it wants
to be competitive with leading communities across the region and world. That work has
already begun as part of a comprehensive broadband acceleration initiative which has
at its core a very simple but important focus ....to reduce the cost and time needed for
new technology and broadband investment in Dubuque.
Working primarily through public/private collaborations, we have seen solid progress
over the last 18 months. We have seen significant new investments with partners like
Wisconsin Independent Network and CS Technologies. We have seen cost saving
opportunities with partners like ImOn Communications. We have seen the opportunities
for enhancing existing services through collaborations with CenturyLink and Mediacom.
And we have implemented innovative new tools like Master Licensing Agreements and
Master Shared Service Agreements and updated all City Communications Licensing.
Progress has been made but more can be done.
DISCUSSION
In response to Dubuque's updated strategy, UPN (Unite Private Networks) approached
the City to discuss the placement of new fiber assets to support broadband and small
cell telephony expansion in the community, particularly in the central core and Kerper
Industrial area. UPN, based in Kansas City, has a strong and growing presence in
central and eastern Iowa. The City has also had a previous small, successful
collaboration with UPN.
City staff and Greater Dubuque Development Corporation worked to organize this larger
opportunity to create both significant savings to the City as well as bring substantial new
capacity to areas of the business community expressing broadband needs. Early in the
discussions is became clear that there was significant over -lap between UPN's interest
in placement of new fiber and the City's existing plans for improving fiber capacity in the
Kerper, Rhomberg and Hawthorne areas and reaching multiple City users, including the
Water Plant, Sutton Pool and several others.
The project which then developed is a sharing agreement where UPN can leverage
16,200 linear feet of existing City conduit. In return, the City can leverage 8,700 linear
feet of new UPN conduit. The City also receives maintenance on the entire conduit
route, camera duct and future broadband services. The project also significantly
accelerates the availability of redundant broadband coverage through the Kerper,
Rhomberg and Bee Branch areas.
BUDGET IMPACT
A review of the agreed to co -location and shared services estimates that the value to
UPN is $93,000 and the estimated value to the City is $107,800. There should be no
negative budgetary impacts from the implementation of the Master Agreement with UPN
to the City and both a near-term and long-term positive budget impact of reducing the
need for stand-alone City installed broadband on the City's north side.
RECOMMENDATION AND ACTION REQUESTED
Unite Private Networks is a strong regional communications provider who will bring
additional and redundant broadband capacity to Dubuque. The attached Master Co -
Location and Shared Services Agreement and initial Project Statement will both
accelerate UPN's investment into Dubuque and have significant positive economic
impacts for the City's budget.
We would respectfully request your approval and would ask that you forward this
information to the Dubuque City Council and recommend their approval.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl; Senior Counsel
2
MASTER CO -LOCATION AND SHARED SERVICES AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
UNITE PRIVATE NETWORK
The parties (the "Parties") to this Master Co -Location and Shared Services Agreement ("Agreement") are
Unite Private Network (UPN) and the City of Dubuque, Iowa (CITY), a municipal corporation organized and
existing under the laws of the State of Iowa. The effective date ("Effective Date") of this Agreement shall be
as of the last date of execution.
RECITALS:
Whereas, UPN desires to co -locate and share services in the Greater Dubuque Region to facilitate
the expansion of broadband and small cell access, services and choice to its customers; and
Whereas, CITY desires to co -locate and share services in the Greater Dubuque Region to facilitate
the expansion of broadband and small cell access, services and choice to citizens and businesses, and
provision of services to citizens of the community; and
Whereas, both UPN and CITY desire to reduce costs through the sharing of fixed assets and
capacity.
Now, therefore, in consideration of the promises and covenants contained herein, the Parties
do hereby mutually agree as follows:
SECTION 1. PROJECT STATEMENTS.
1.1 In addition to this Master Agreement, UPN and CITY agree to develop and sign Project Statements
which will further define the description of facilities, responsibilities, subcontractors, technical services
and charges and other necessary terms for the implementation of specific co -location and/or sharing
activities.
1.2 This Agreement is a License Agreement pursuant to Dubuque City Code Title 11, Chapter 1, Non -
Franchised Communications Systems (the "Code"). In the event of any conflict between any term or
condition of this Agreement, the Code, and/or a Project Statement, the Parties shall endeavor to resolve
the conflict in a manner that implements the more specific terms of the Project Statement. To the extent
that the conflict cannot be so resolved, the terms and conditions of the (i) Project Statement, (ii)
Agreement and (iii) the Code will control in that order. If the Parties determine that a proposed UPN
project within the municipal boundaries of the City of Dubuque will not utilize CITY conduit and CITY does
not have a desire for facilities in the area of the proposed UPN project, the fees, terms and conditions of
the Code, and not this Agreement, shall apply to UPN's project.
SECTION 2.
SERVICES
DESCRIPTION OF LEASED OR PURCHASED FIBER OR AVAILABLE CONDUIT AND SHARED
2.1 Use of and Access to UPN Co -Location Facilities.
101117baI
(1) CITY shall be responsible for all installation and maintenance of its equipment at a UPN
site unless otherwise agreed to in writing by UPN. Such installation and maintenance shall
be conducted in accordance with any and all rules as UPN in its sole discretion might from
time to time create. All CITY equipment shall remain the sole property and responsibility
of CITY.
(2) Escorted access to a UPN Point of Presence (POP) shall be required for all work done by
CITY employees, or the employees of any firm the CITY retains on a permanent or part-
time basis to provide installation or maintenance service of the CITY's equipment unless
otherwise agreed to by UPN. For non -emergency access, UPN shall make access available
to CITY within five (5) business days of acknowledgment of receipt of notice from CITY
unless specified differently in any Project Statement, or as soon thereafter as reasonably
possible. If CITY requests emergency access to the UPN POP, UPN shall provide such
access as soon as reasonably possible. All CITY POP access shall be with the escort of a
member of UPN's Network Operations team.
2.2 Permission to Work at UPN facilities. Plans for CITY Co -Location as described in any Project
Statement shall be completed by CITY and shall be submitted in writing to the designated contact specified
in Section 8 of this Agreement prior to the commencement of any work. Such plans or subsequent major
alterations thereof must have the written approval of the designated contact specified in Section 8 of this
Agreement prior to the commencement of any work. CITY shall also advise the designated contact
specified in Section 8 of this Agreement of security arrangements and the names of those persons
authorized to enter the UPN POP to work on CITY'S equipment.
2.3 Interconnection at UPN facilities. The Parties agree that CITY'S co -location with UPN is for the
primary purpose of housing and operating CITY'S equipment connected to CITY'S network. UPN, at its
sole discretion, may permit CITY interconnection with a third party within a UPN POP and if permitted,
shall be only upon UPN's prior written consent.
2.4 Non-exclusive Placement of Fiber in UPN Conduit. CITY may request to lease or purchase any
available UPN conduit for the installation of City -owned fiber at its sole cost and expense and as approved
within a Project Statement. The use of the UPN conduit shall be non-exclusive and UPN shall have the
right to use said conduit and allow other permittees to use the conduit. CITY shall also have the right to
use the UPN hand -holes located in the area for the purpose of installing the fiber. This use shall include
the right to penetrate the hand -holes with inter -duct for the purpose of installing the fiber. After the
installation, CITY shall restore the site of installation to its pre -installation condition. UPN shall have the
right at any time, with not less than 120 -day's written notice delivered to City, to require CITY at CITY'S
sole cost and expense to remove or relocate the fiber placed in the conduit by CITY (or other items
installed in the conduit by CITY) should it be deemed necessary by UPN for any reason, in UPN's sole
discretion, including the repair, replacement, inspection or relocation of the conduit. If UPN requires
CITY to remove the fiber, UPN shall provide to CITY a reasonable opportunity to install fiber in a different
UPN location which will allow CITY to replace the removed fiber. CITY hereby agrees to hold UPN harmless
and does undertake to fully indemnify UPN from any third -party claims made against UPN arising out of
CITY'S use of the conduit.
2.5 Use of and Access to CITY Co -Location Facilities.
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(1) UPN shall be responsible for all installation and maintenance of its equipment at a CITY
site unless otherwise agreed to in writing by CITY. Such installation and maintenance shall
be conducted in accordance with any and all rules as CITY might from time to time create
and which include but are not limited to those contained in Exhibit 2 attached hereto and
incorporated herein by reference. All UPN equipment shall remain the sole property and
responsibility of UPN. All subcontractors shall be identified by UPN and approved by City.
(2) Escorted access to a CITY POP shall be required for all work done by UPN employees, or
the employees of any firm that UPN retains on a permanent or part-time basis to provide
installation or maintenance service of the UPN equipment unless otherwise agreed to by
CITY. For non -emergency access, CITY shall make access available to UPN within five (5)
business days of CITY'S acknowledgment of receipt of notice from UPN unless specified
differently in any Project Statement, or as soon thereafter as reasonably possible. If UPN
requests emergency access to the CITY POP, CITY shall provide such access as soon as
reasonably possible. All UPN POP access shall be with the escort of a member of CITY'S
Information Services team.
(3)
Escorted access is not required for UPN access to CITY utility poles for the installation,
operation and maintenance of communications equipment and UPN will have a non-
exclusive right of ingress and egress from a public right-of-way for the purpose of
installation, operation and maintenance of a UPN communication facility.
2.6 Permission to Work at CITY facilities. Plans for UPN Co -Location as described in any Project
Statement shall be completed by UPN and shall be submitted in writing to the designated contact specified
in Section 8 of this Agreement prior to the commencement of any work. Such plans or subsequent major
alterations thereof must have the written approval of the designated contact specified in Section 8 of this
Agreement prior to the commencement of any work. UPN shall also advise the designated contact
specified in Section 8 of this Agreement of security arrangements and the names of those persons
authorized to enter a CITY POP to work on UPN equipment.
2.7 Interconnection at CITY facilities. The Parties agree that UPN co -location with CITY is for the
primary purpose of housing and operating UPN equipment connected to UPN's network or to operate a
communication facility. CITY, at its sole discretion, may permit UPN interconnection with a third party
within a CITY POP and if permitted, shall be only upon CITY'S prior written consent.
2.8 Non-exclusive Placement of Fiber in Citv Conduit. UPN may request to lease or purchase any
available CITY -owned conduit for the installation of UPN -owned fiber at its sole cost and expense and as
approved within a Project Statement. The use of the City conduit shall be non-exclusive and CITY shall
have the right to use said conduit and allow other permittees to use the conduit. UPN shall also have the
right to use the city hand -holes located in the area for the purpose of installing the fiber. This use shall
include the right to penetrate the hand -holes with inter -duct for the purpose of installing the fiber. After
the installation, UPN shall restore the site of installation to its pre -installation condition. There shall be
no above ground cabinets or markers in the right-of-way. CITY shall have the right at any time, with not
less than 120 day's written notice delivered to UPN, to require UPN at UPN's sole cost and expense to
remove or relocate the fiber placed in the conduit by UPN (or other items installed in the conduit by UPN)
should it be deemed necessary by CITY for any reason, in- CITY's sole discretion, including the repair,
replacement, inspection or relocation of the conduit, road or utilities in the right-of-way. If CITY requires
UPN to remove the fiber, CITY shall allow UPN a reasonable opportunity to install conduit in a different
3
location which will allow UPN to replace the removed fiber. UPN hereby agrees to hold CITY harmless and
does undertake to fully indemnify CITY from any claims made against CITY arising out of UPN's use of the
conduit.
2.9 Non-exclusive Placement of small cell communication facilities on City Utility Pole. UPN may
request to lease or purchase any available CITY -owned utility poles in the public right-of-way for the
installation of UPN -owned (or third -party owned and UPN maintained) small cell communications facilities
at its sole cost and expense and as approved within a Project Statement. The use of the utility poles shall
be non-exclusive and CITY shall have the right to use said poles and allow other permittees to use the
poles. CITY shall have the right at any time, with not less than 120 day's written notice delivered to UPN,
to require UPN at UPN's sole cost and expense to remove or relocate the communication facilities placed
on CITY poles by UPN (or other items installed on the poles by UPN) should it be deemed necessary by
CITY for any reason, in CITY's sole discretion, including the repair, replacement, inspection or relocation
of the pole, road or utilities in the right-of-way. If CITY requires UPN to remove the communications
facility, CITY shall allow UPN a reasonable opportunity to install a communication facility in a different
location which will allow UPN to replace the removed facility. CITY shall not be liable to UPN for any
damages CITY or its agents or employees causes to said facility (or other items) for any reason including
repairing, replacing, inspecting, relocating or working on the pole or roadway or while installing,
inspecting, maintaining, repairing or working on any utilities within said right-of-way area. UPN hereby
releases and discharges CITY from any and all liability, costs, expenses, claims, demands or suit UPN may
have against CITY arising out of UPN installation, use, or maintenance of said communication facility. UPN
hereby agrees to hold CITY harmless and does undertake to fully indemnify CITY from any claims made
against CITY arising out of UPN's use of the City utility pole. At all times UPN has a communication facility
on CITY's utility poles UPN shall provide insurance as described in the attached Insurance Schedule, Exhibit
4 as such schedule may from time to time be amended by CITY, and list the CITY as an Additional Insured
under all applicable insurance policies.
SECTION 3. NON-INTERFERENCE. Neither Party shall interfere with the other Party's equipment or
the installation, operation, and maintenance of such equipment. CITY shall not interfere with any of UPN's
other customer's equipment or the installation, operation and maintenance of such equipment. UPN shall
not interfere with any of CITY'S other partner's equipment or the installation, operation and maintenance
of such equipment. The Parties agree that if UPN or CITY determines that the other's equipment is
interfering with the normal operation of UPN or CITY's network or facilities, then it has the right, with
notice to the other Party's network management center, to disconnect the other Party's offending
equipment. UPN or CITY shall notify the other Party of the situation and allow the other to reconnect
once the trouble -causing condition(s) has been resolved.
SECTION 4. CHARGES — TERMS — AUTHORITIES. The Project Statements will more fully describe the
Charges and Payment Terms provided under this Agreement. UPN and its contractors shall apply for and
obtain any necessary permits or authorizations required by CITY, although CITY may specifically waive any
permit or authorization fee as covered within the Project Statement.
SECTION 5. INDEMNIFICATION.
5.1 Each Party shall indemnify, defend and hold the other Party harmless from and against any and
all damages suffered by the other Party including but not limited to damages to the other Party's or third
party equipment or facilities as well as claims and liabilities asserted against the other Party by third
parties arising out of: (a) the actions of the Party, its employees and agents at the other Party's sites
4
subject to this Agreement or any Project Statement or (b) the failure of the other Party to perform in
accordance with the terms and conditions of this Agreement or any Project Statement. Each Party shall
indemnify, defend and hold the indemnified Party harmless from and against any and all damages suffered
by the indemnified Party and claims and liabilities asserted against the indemnified Party arising out of
the negligence or intentional misconduct of the indemnifying Party, its employees or agents at the Party's
sites subject to this Agreement or any Project Statement.
5.2 Notwithstanding the foregoing, neither Party shall be liable to the other Party for indirect, special,
exemplary, incidental, punitive or consequential damages (including without limitation, lost business,
revenue, profits, or goodwill) arising in connection with this Agreement under any theory of tort, contract,
warranty, strict liability or negligence, even if the party has been advised, knew or should have known of
the possibility of such damages. The foregoing limitations apply to all causes of actions and claims,
including without limitation, breach of contract, breach of warranty, negligence, strict liability,
misrepresentation and other torts.
SECTION 6. TERM. This Agreement shall become effective on the Effective Date and shall continue
until such time as all Project Statements have expired according to their terms or have been terminated
pursuant to this Agreement, or until the mutual written agreement of the Parties to terminate this
Agreement.
SECTION 7 RIGHT TO TERMINATE. Either Party to this Agreement will have the right to terminate
this Agreement without further obligation on its part under the following events of default:
7.1 If at any time during the term of this Agreement a petition in bankruptcy of insolvency or for the
reorganization or for the appointment of a receiver or trustee of all or substantially all of the other Party's
assets is filed against the other Party in any court pursuant to any statute, either of the United States or
of any state, and the other Party fails to secure a discharge thereof within one hundred twenty (120) days,
or if the other Party voluntarily files a petition in bankruptcy or makes an assignment for the benefit of
creditors or petitions for or enters into any arrangement with creditors.
7.2 In the event the other Party fails to perform or performs improperly any material obligation under
this Agreement or a Statement of Work, provided such failure or improper performance has not been
cured or rectified by the defaulting Party within thirty (30) days after its receipt of written notification of
termination, or in the event of a cure which requires in excess of thirty (30) days to complete, if the other
Party has not commenced such cure within thirty (30) days of such notice and is not diligently prosecuting
said cure to completion.
7.3 In the event that any certificate, permit, license or approval applied for or issued is canceled,
expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that this
Agreement may not be used for its intended purposes or the Agreement unsatisfactory for its intended
purpose.
7.4 In the event termination under this Section 7, the defaulting Party shall be required to pay for any
unpaid expenses incurred pursuant to this Agreement by the non -defaulting Party to the date of
termination.
SECTION 8. NOTICES.
5
8.1 The following contact information is to be used for formal notices and any other times an
exchange of correspondence or billing information is required between UPN and CITY:
(1) Billing Address:
UPN
Unite Private Networks, LLC
7200 NW 86th Street, Suite M
Kansas City, MO 64153
Attn: Accounts Payable
CITY
Finance Department
City of Dubuque
50 W. 13th Street
Dubuque, Iowa 52001
(2) Correspondence Address:
UPN
Unite Private Networks, LLC
7200 NW 86th Street, Suite M
Kansas City, MO 64153
Attn: VP Real Estate
Phone: 816-897-2228
Email: Charlene.White@upnfiber.com
CITY
City Clerk
City of Dubuque
50 W. 13th Street
Dubuque, Iowa 52001
(3) Engineering, Operations and Technical Correspondence:
UPN
Unite Private Networks, LLC
13300 Hickman Road, Ste. 115
Clive, IA 50325
Attn: Iowa RVP Construction
Phone: 816-288-1281
Email: Clark.Lundy@upnfiber.com
CITY
Chris Kohlmann, Manager Information Services Department
City of Dubuque
1300 Main Street
Dubuque, Iowa 52001
Phone: 563-589-4281
Email: ckohlman@cityofdubuque.org
(4) Network Management Center (Emergency contacts):
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UPN 866-963-4237
CITY Non -Emergency Dispatch 563-589-4415
(5) Escorted Access request line (twenty-four (24) hours per day, seven (7) days per week):
UPN phone: To be provided in any applicable Project Statement
CITY phone: Non -Emergency Dispatch 563-589-4415
Dave Ness, 563-589-1722
or send email to: Dness@cityofdubuque.org
UPN email: To be provided in any applicable Project Statement
CITY email: Dness@cityofdubuque.org
8.2 Each Party agrees to notify the other Party in the event of changes in the above information.
SECTION 9. ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the
assignees, transferees or successors of the Parties, provided that neither Party shall assign, transfer or
sublet any of its rights or obligations hereunder without the prior written consent of the other Party which
consent shall not be unreasonably withheld. Assignment by a Party to a majority owned parent, affiliate,
or subsidiary, or the sale of all or substantially all of the assets of UPN to a third party, provided third party
agrees to assume all of the conditions and obligations of this Agreement in a form acceptable to City and
notifies City of the assignment, shall not require the consent of the other Party.
SECTION 10. LIABILITY INSURANCE.
10.1 UPN shall at all times during the term of this Agreement and any subsequent term thereof provide
insurance as described in the attached Insurance Schedule A, as such schedules may from time to time be
amended, and list the City as an additional insured under all applicable insurance policies.
10.2 City is a member of the Iowa Communities Assurance Pool (ICAP), and shall remain a member of
ICAP during the term of this Agreement and any subsequent term thereof, or shall provide insurance with
coverage comparable to its ICAP Agreement.
SECTION 11. MAINTENANCE ACTIVITY. Each Party shall notify the other of co -location or related
system maintenance needs that require scheduled downtime. No such non -emergency downtime shall
be scheduled without prior approval of the other. The other shall be notified as soon as reasonably
possible in the event a Party is required to perform nonscheduled, emergency maintenance that may
impact the other's equipment or service.
SECTION 12. FORCE MAJEURE. Neither Party shall be liable to the other Party for any delay in
performance or inability to perform caused by a Force Majeure Event (as hereinafter defined). As used
herein, "Force Majeure Event" shall mean any act or omission of any governmental authority (other than
CITY when considering CITY as the performing party under this Section 12), fires, strikes, lockouts, labor
disputes, terrorism, sabotage, acts or omissions of the other Party (irrespective of whether excused), acts
of a third party, and any other act of God, event or occurrence, irrespective of whether similar to the
foregoing, that is beyond the reasonable control of the Party claiming the Force Majeure Event that affects
its ability to perform. A Force Majeure Event shall be deemed to be terminated when its effects on future
performance have been substantially eliminated. A Party claiming a Force Majeure Event shall provide the
other Party prompt notice of the initiation of the Force Majeure Event and of the termination of such
7
event. Notwithstanding the foregoing provisions, settlement of a strike, lockout, or other labor dispute
shall be deemed beyond the control of the Party claiming excuse thereby regardless of the cause of, or
the ability of such Party to settle such dispute.
SECTION 13. REPRESENTATIONS AND WARRANTIES.
13.1 As an inducement to enter into this Agreement and to consummate the transactions
contemplated herein, CITY hereby covenants, represents and warrants to UPN as follows:
(1) CITY is an Iowa municipal corporation duly organized, validly existing and in good standing
under the laws of the State of Iowa, with adequate power and authority to enter into this
Agreement, and has or will take all action necessary to enable it to conduct all activity
contemplated by this Agreement or Project Statements prior to undertaking such activity.
(2) This Agreement has been duly authorized, executed and delivered by CITY and, assuming
due authorization, execution and delivery by UPN, constitutes a valid, legal and binding
agreement, enforceable by UPN against CITY in accordance with its terms, except to the extent
that the enforceability of remedies herein provided may be limited under applicable laws relating
to specific performance, bankruptcy and creditors' rights.
(3) No approval, consent or withholding of objections is or will be required from any federal,
state or local governmental authority or instrumentality with respect to the entry into or
performance of this Agreement by CITY, except such as have already been obtained.
13.2 As an inducement to enter into this Agreement and to consummate the transactions
contemplated herein, UPN hereby covenants, represents and warrants to CITY as follows:
(1) UPN is a Delaware limited liability company duly organized, validly existing and in good
standing under the laws of the State of Delaware with adequate power and authority to enter
into this Agreement, and has or will take all action necessary to enable it to conduct all activity
contemplated by this Agreement or Project Statements prior to undertaking such activity.
(2) This Agreement has been duly authorized, executed and delivered by UPN and, assuming
due authorization, execution and delivery by CITY, constitutes a valid, legal and binding
agreement, enforceable against by City against UPN in accordance with its terms, except to the
extent that the enforceability of remedies herein provided may be limited under applicable laws
relating to specific performance, bankruptcy and creditors' rights.
(3) No approval, consent or withholding of objections is or will be required from any federal,
state or local governmental authority or instrumentality with respect to the entry into or
performance of this Agreement by UPN, except such as have already been obtained.
SECTION 14. 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 District Court of Iowa for
Dubuque County.
8
SECTION 15. MISCELLANEOUS.
15.1 The paragraph headings used herein are for convenience only and shall not be construed in
interpreting this Agreement.
15.2 Each paragraph and provision of this Agreement is severable from the entire Agreement, and if
one provision shall be declared invalid, the other provisions shall remain in full force and effect without
regard to the invalidity of said provision.
15.3 The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof
in any instance shall not be construed as a general waiver or relinquishment on its part of any such
provisions, but the same shall, nevertheless, be and remain in full force and effect.
15.4 The terms of this Agreement constitute the entire Agreement between the Parties and no
previous communications, representations or agreements, either oral or written, between the Parties
with respect to the subject -matter hereof shall vary the terms of this Agreement. This Agreement is
subject to modification if mutually agreed by the Parties in writing.
15.5 Any notice or request required or desired to be given or made hereunder shall be in writing and
shall be effective if delivered in person or sent by certified mail, return receipt requested, and received by
the recipient Party at the address previously indicated or such other address as shall hereafter be
furnished by a Party in writing, from time to time, to the other Party.
15.6 This Agreement and performance thereunder shall be governed by the laws of the State of Iowa.
15.7 Counterparts and Facsimile Transmissions. The Parties expressly agree that this Agreement may
be executed in separate counterparts, which counterparts may be delivered by facsimile transmission or
via pdf by electronic mail and any such counterparts, including such counterparts so delivered, shall be
fully binding against each of the Parties.
Signed and in effect by the Parties on the date last written below (the Effective Date).
CITY OF DUBUQUE, IOWA UNITE PRIVATE NETWORK
BY:
NAME:
TITLE:
DATE:
Michael C. Van Milligen
City Manager /
//r/ /7
9
BY:
NAME:
TITLE:
DATE:
PROJECT STATEMENT: Sharing Agreement # 1 between Unite Private Networks LLC and City of
Dubuque
Pursuant to the Master Co -locations and Shared Services Agreement between City of Dubuque and UPN,
dated , 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 identified conduit, further defined in Attachment 1
attached hereto, for purposes of providing broadband communication services and support to the
community of Dubuque.
UPN will allow City access to and use of certain new conduit UPN places in service in Dubuque,
further defined in Attachment 2 attached hereto, for purposes of providing broadband
communication services and support to the community of Dubuque.
- UPN is responsible for obtaining all permits required from Federal, State or Local government
including but not limited to Department of Transportation, Corps of Engineers, Dept. of Natural
Resources and Railroads, for work on the new conduit, fiber or communication facilities it places in
service.
- UPN will bear all costs for installation, repair, restoration, relocations, improvements or
enhancements of such new conduit, fiber or communication facilities it places in service.
City shall have the right of prior review and approval of any installations, repairs, restoration,
relocations, improvements or enhancements of the conduit, fiber and communication facilities
contained therein proposed by UPN.
During the term of this Project Statement UPN will have the responsibility to manage and maintain
the conduit and fiber therein, as further defined in Attachment 3 attached hereto, including locates,
trouble -shooting services, routine fiber maintenance, fiber repair, restoration and relocation. If
UPN incurs costs associated with repair, restoration or relocation City will reimburse UPN for a
percent of such costs on a pro -rata basis based on the proportionate conduit and/or fiber being
used by the City. City may also reimburse UPN for the costs of such repairs restorations,
relocations, improvements or enhancement through offsets to any amounts due on a current or
future Project Statement.
- Each party will notify the other if it detects any problems that may interrupt service. UPN contact is
866-963-4237. City contact is Dave Ness 563-589-1722.
Co -location or service site: The co -location and/or service site for this PROJECT STATEMENT is generally
described as follows:
10
- 24,900 linear feet of conduit access collaboration as further defined in Attachment 3 to this Project
Statement.
Scope of shared service to be provided by City to UPN:
- 16,200 linear feet of conduit access as further defined in Attachment 1 to this Project Statement.
- 6,000 linear feet of 7 way 18/14 for use in the project.
Scope of shared service to be provided by UPN to CITY:
- 8,700 linear feet of conduit access as further defined in Attachment 2 to this Project Statement.
- Maintenance of the collaboration assets for the term of this Agreement.
- Underground camera duct requested by City to service identified locations on Kerper Boulevard,
Rhomberg Avenue and Hawthorne Street.
- In conduit access provided by the City and where only 1 or 1.5 inch duct exists, UPN will install
microduct and microfiber to allow space in conduit for future installations for use by City.
- $37,500 in additional shared services, as mutually agreed by UPN and City, provided to the City on
or before June 30, 2019.
*Subcontractors UPN seeks City approval to use on this Project:
11
Exchange Terms:
The estimated market value provided to UPN by City of Dubuque for this Project Statement is $93,000.
The estimated market value provided to City of Dubuque by UPN for this Project Statement is $107,800.
Term of Project:
Estimated Start Date
20 years from the estimated start date with 5 year extensions at the mutual agreement of the parties.
Project Statement accepted:
Dated:
CITY OF DUBUQUE, OWA
By:
Michael Van Milligen, Dubuque City Manager
Dated:
UNITE PRIVATE NETWORKS, LLC
*Listed subcontractors must have on file a Certificate of Insurance meeting the City of Dubuque's
current insurance requirements. Preconstruction meetings may be required depending upon project
scope. Permits will be issued to the contractor for the work in public right of way at the start of any
project statement work. As-builts must be supplied to the City in a format acceptable to the City for
inclusion in the City's GIS program.
12
Exhibit 1
POP Co -Location Rules and Policies - UPN
CITY is responsible for following and ensuring its agents and representatives follow these Co -location
Rules and Policies concerning the use of and access to UPN POP and co -location space. UPN reserves the
right, in its sole discretion, to suspend or terminate service if CITY or any CITY representative violates the
rules and policies set forth below.
Access to UPN POP
Only those individuals identified in writing by CITY on the Co -Location Agreement may access UPN POP.
CITY shall deliver prior written notice to UPN of any changes to the list of authorized representatives. CITY
and its authorized representatives shall not allow any other persons to have access to or enter the UPN
POP. CITY and its authorized representatives may only access that portion of UPN POP made available by
UPN to CITY for the placement of CITY'S equipment and use of the Co -location Services (the "City Space").
CITY must obtain the proper UPN authorization and be accompanied by a UPN representative, as required,
prior to accessing any area within a UPN Facility. Failure to do so may result in immediate termination of
CITY'S services. In addition:
City agrees to observe and follow all current rules, policies and procedures for
each UPN site where CITY obtains services.
• Security Access. CITY shall comply with the security access procedures for the
specific UPN Facility.
• UPN Access. UPN reserves the right to open, inspect, disconnect and recover CITY
equipment that is overheating, smoking, etc.
• Equipment. CITY equipment must be UL -certified.
Conduct at UPN POP
CITY and its authorized representatives agree to adhere to and abide by all security and safety measures
in effect at a particular UPN facility. CITY is responsible for keeping its City Space clear and free of debris
and refuse at all times. CITY and its authorized representatives shall not:
Breach or attempt to breach, the security at a UPN Facility;
Misuse or abuse or otherwise interfere with any property or equipment of UPN,
UPN 's other Customers, or another third -party;
• Harass any individual, including representatives of UPN and of other UPN
Customers.
• Engage in any activity that is in violation of the law or aids or assists any criminal
activity while on UPN property.
• Permit any explosive, flammable or combustible material or any hazardous or
toxic materials to be located in or about the Co -location Site;
• Bring in food or beverages; tobacco products; alcohol; illegal drugs; other
intoxicants; magnetic objects or electromagnetic devices which could reasonably
interfere with computer and telecommunications equipment; or photographic or
recording equipment of any kind (except data back-up equipment).
Equipment and Connections
13
Each piece of CITY'S equipment installed in a UPN Facility must be clearly labeled with CITY'S name (or
code name provided in writing to UPN), and individual component identification. Each connection to and
from a piece of CITY equipment shall be clearly labeled with CITY'S name (or code name provided in writing
to UPN), and the starting and ending point of the connection. CITY is responsible for all CITY equipment.
CITY equipment must be configured and run at all times in compliance with the manufacturer's
specifications, including power outlet, power consumption and clearance requirements. CITY must use
its best efforts to provide UPN with at least 24 hours prior notice anytime it intends to connect or
disconnect any CITY equipment or other equipment. CITY shall not place any hardware or other
equipment in the UPN Facility that has not been identified in writing to UPN.
Online Content
CITY acknowledges that UPN has no control whatsoever over the content of the information passing
through CITY'S site(s).
Modification of Rules and Regulations
UPN reserves the right to amend, alter or modify these rules and policies at any time in its sole and
absolute discretion. Any amendment or modification is effective when posted and emailed to CITY per
Section 8, and any use of the UPN services after posting will be considered acceptance of the amendment
or modification.
14
Exhibit 2
POP Co -Location Rules and Policies — CITY
UPN is responsible for following and ensuring its agents, subcontractors and representatives follow these
Co -location Rules and Policies concerning the use of and access to CITY'S POP and co -location space. CITY
reserves the right, in its sole discretion, to suspend or terminate service if UPN or any UPN representative
violates the rules and policies set forth below.
Access to CITY POP
Only those individuals identified and approved in writing by UPN on the Co -Location Agreement may
access CITY'S POP. UPN shall deliver prior written notice to CITY of any changes to the list of authorized
representatives. UPN and its authorized representatives shall not allow any other persons to have access
to or enter the CITY POP. UPN and its authorized representatives may only access that portion of CITY'S
POP made available by CITY to UPN for the placement of UPN equipment and use of the Co -location
Services (the "UPN Space"). UPN must obtain the proper CITY authorization and be accompanied by a
representative of CITY'S Information Service Office, as required, prior to accessing any area within a CITY
Facility. Failure to do so may result in immediate termination of UPN services. In addition,
UPN agrees to observe and follow all current rules, policies and procedures for
each CITY site where UPN obtains services.
• Security Access. UPN shall comply with the security access procedures for the
specific CITY Facility.
• CITY Access. CITY reserves the right to open, inspect, disconnect and recover UPN
equipment that is overheating, smoking, etc.
• Equipment. UPN equipment must be UL -certified.
Conduct at CITY POP
UPN and its authorized representatives agree to adhere to and abide by all security and safety measures
in effect at a particular CITY facility. UPN is responsible for keeping its UPN space clear and free of debris
and refuse at all times. UPN and its authorized representatives shall not:
Breach or attempt to breach, the security at a CITY Facility;
• Misuse or abuse or otherwise interfere with any property or equipment of CITY,
CITY'S other partners, or another third -party;
• Harass any individual, including representatives of CITY and of other CITY
partners.
Engage in any activity that is in violation of the law or aids or assists any criminal
activity while on CITY property.
• Permit any explosive, flammable or combustible material or any hazardous or
toxic materials to be located in or about the Co -location Site;
Bring in food or beverages; tobacco products; alcohol; illegal drugs; other
intoxicants; magnetic objects or electromagnetic devices which could reasonably
interfere with computer and telecommunications equipment; or photographic or
recording equipment of any kind (except data back-up equipment).
15
Equipment and Connections
Each piece of UPN equipment installed in a CITY Facility must be clearly labeled with UPN's name (or code
name provided in writing to CITY), and individual component identification. Each connection to and from
a piece of UPN equipment shall be clearly labeled with UPN's name (or code name provided in writing to
CITY), and the starting and ending point of the connection. UPN is responsible for all UPN equipment.
UPN equipment must be configured and run at all times in compliance with the manufacturer's
specifications, including power outlet, power consumption and clearance requirements. UPN must use
its best efforts to provide CITY with at least 24 hours prior notice anytime it intends to connect or
disconnect any UPN equipment or other equipment. UPN shall not place any hardware or other
equipment in the CITY Facility that has not been identified in writing to CITY.
Online Content
UPN acknowledges that CITY has no control whatsoever over the content of the information passing
through UPN site(s).
Modification of Rules and Regulations
CITY reserves the right to amend, alter or modify these rules and policies at any time in its sole and
absolute discretion. Any amendment or modification is effective when posted and emailed to UPN per
Section 8, and any use of the CITY services after posting will be considered acceptance of the amendment
or modification.
16
Exhibit 3
Notice of Insurance Coverage for City of Dubuque
City is a member of the Iowa Communities Assurance Pool (ICAP), and shall remain a member of ICAP
during the term of this Agreement and any subsequent term thereof, or shall provide insurance with
coverage comparable to its ICAP Agreement.
17
Exhibit 4
City of Dubuque Insurance Schedule A
18
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
shall furnish a signed certificate of insurance to the City of Dubuque, Iowa
for the coverage required in Exhibit ! prior to the lease, license, or permit commencement All
lessees of City property and right of way licensees or permittees shall submit an updated
certificate annually. Each certificate shall be prepared on the most current ACORD form approved
by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued_ Eg: Project # or lease of
premises at or construction of or right of way permitted
location and description
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the
Department of the City of Dubuque.
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license, or permit.
6. All required endorsements shall be attached to certificate.
7_ Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Finance Director_ The lessee, licensee, or permittee must
identify and list in writing all deviations and exclusions from the ISO form.
If lessee's, licensee's, or permiftee's limits of liability are higher than the required minimum limits
then the lessee's, licensee's, or permiftee's limits shall be this agreement's required limits.
Lessee, licensee, or permittee shall require all subcontractors and sub -subcontractors to obtain
and maintain during the performance of work insurance for the coverages described in this
Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and
sub -subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may
request a copy of such certificates from the lessee, licensee, or permittee.
Page 1 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees July 2017
19
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
EXHIBIT
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2/000,000
Products -Completed Operations Aggregate Limit $1.000.000
Personal and Advertising Injury Lirnit $1,000,000
Each Occurrence %1.000`008
Fwe Damage Limit (any one occurrence) $50,000
Medical Payments $5.000
1) Coverage shall be written on an occurrence, not claims madetorm The general
habilay coverage shall be written n accord with ISO forrn CG0001 or business
owners form BpOUU2. A11 deviations from the standard ISO commercial general
hability form CG 0001, or Business owners form BP 0002, shall be cleasly
identified'
2) lnclude 130 endorsement form CG 25 04 Designated Locaton(s) General
Aggregate Limit."
3) Include endorsement indicating thatcoverage is pamary and non-contnbutory.
4) Include Preservation ofGovernmental Immunities Endorsement (Sample
attached).
5) Indude an endorsement that deletes any fellow employee excIuson.
6) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, ernployees and volunteer& Use ISO forrn CG 20 10
(Ongoing operations) nrits equivalent.
7) If Iessee, Iicensee, or permittee utilizes Trikkes or Segways in the conduct of
business, include an endorsement reflecting that these vehicl are not excluded
from CommercaI General Liability coverage_
6) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covenng alt employees injured an the job by accident or dsease as
prescribed by Iowa Code Chapter 85 as amended.
Coverage A
Coverage BEmployers Liability
Statutory—State of Iowa
Each Accident %180.000
Each EmplDis$100.000
Policy Limit -Disease $500,000
Policy shall include Waiver of Rght toRecover from Others endorsement_
Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa
Code sec_ 87.22
yes form attached
Page 2 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees July 2017
20
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY
Coverage required: yes no
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs_
Pollution product and completed operations coverage shall also be covered.
Each occurrence
Policy Aggregate
$2,000,000
$4,000,000
1) Policy to include premises and transportation coverage_
2) Include additional insured for
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10_
(Ongoing operations) as stated in A(6) above_
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
0) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
yes no
Evidence of property coverage provided: yes
Included the City of Dubuque as Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS $5,000,000
yes no
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein.
Page 3 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees July 2017
21
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. No.nwaiver of Governmental Immunity_ The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670A as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3_ Assertion of Government Immunity_ The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy_
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees July 2017
22
Attachment 1
Legend
o;A Existing 1
I 03) Existing 1 or 1.5 inch Duct 2 (160D Feet)
Existing FuturePath
y
i r 1
E.=. td ..W, .1 - a . ',WM
ANL
Attachment 3
Legend
oS Existing 1
o) Existing 1 or 1.5 inch Duct 2 (1600 Feet)
Existing FuturePath
:. Proposed 7
Kevin Firnstahl
From: Chris Kohlmann
Sent: Tuesday, November 07, 2017 4:44 PM
To: Charlene White; Dave Lyons
Cc: Kevin Firnstahl
Subject: RE: UPN approval
Will do. I've copied the City Clerk so he can send those my way.
From: Charlene White [mailto:Charlene.White@upnfiber.com]
Sent: Tuesday, November 7, 2017 4:27 PM
To: Dave Lyons <DaveL@greaterdubuque.org>; Chris Kohlmann <Ckohlman@cityofdubuque.org>
Subject: RE: UPN approval
Hi Chris,
Please mail the fully signed agreement to me at the below address:
Charlene White
Unite Private Networks
7200 NW 86th St, Suite M
Kansas City, MO 64153
Thank you,
Charlene White
[c] 816.591.5095
From: Dave Lyons [mailto:DaveL@ereaterdubuque.ore]
Sent: Tuesday, November 7, 2017 4:23 PM
To: Charlene White <Charlene.White@ur nfiber.com>; Dave Ness <Dness@citvofdubuque.org>; Dan Hogan
<Dan.Hoean@ur nfiber.com>; Chris Kohlmann <Ckohlman@citvofdubuque.ore>; Jane Smith
<Jsmith@citvofdubuque.ore>
Subject: Re: UPN approval
Can you give Chris the mailing address?
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
From: Charlene White <Charlene.White@ur nfiber.com>
Sent: Tuesday, November 7, 2017 4:20 PM
To: Dave Lyons; Dave Ness; Dan Hogan; Chris Kohlmann; Jane Smith
Subject: RE: UPN approval
1
Thank you all for all of your help. If you can send them to me that would be great!
Charlene White
[c] 816.591.5095
From: Dave Lyons[mailto:DaveL@greaterdubudue.orgj
Sent: Tuesday, November 7, 2017 4:18 PM
To: Charlene White <Charlene.White@upnfiber.com>; Dave Ness <Dness@cityofdubudue.org>; Dan Hogan
<Dan.Hogan@upnfiber.com>; Chris Kohlmann <CkohIman@cityofdubudue.org>; Jane Smith
<Jsmith@cityofdubudue.org>
Subject: UPN approval
All. Last night the City Council approved the MSA for UPN and the City. Chris will be getting formal copies for
signature. We can send them to you Charlene or hand them off to Dan if he will be in town soon. Let is know
your preference. We look forward to seeing the project advance quickly so please let us know if there is
anything we can do to assist.
When Dave N and Dan have undertaken the project enough to see any needed modifications, let me know and
we can work on an amendment.
Dave
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Privileged/Confidential Information may be contained in this message. It is not for use or disclosure outside Unite
Private Networks without a written proprietary agreement. If you are not the addressee indicated in this message, or
agent responsible for delivery, you may not copy or deliver this message to anyone. Please notify the sender as soon as
possible and immediately destroy this message and its attachments in its entirety.
2