NICC I-Net User AgreementTHE CITY OF Dubuque
DUB E An-~~~~~
1
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: NICC I-Net User Agreement
DATE: March 5, 2009
Cable TV Coordinator Craig Nowack recommends City Council approval of an I-Net
User Agreement with Northeast Iowa Community College.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Craig Nowack, Cable TV Coordinator
THE CITY OF _~
DUB ~ ~ UE
Masterpiece on the Mississippi
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Craig Nowack, Cable TV Coordinators ~--~
DATE: February 24, 2009
RE: NICC I-Net User Agreement
Dubuque
All-America City
e~
2007
INTRODUCTION
The purpose of this memorandum is to request your signature on an I-Net User
Agreement with Northeast Iowa Community College.
BACKGROUND
The Cable Franchise Agreement that went into effect on June 5, 2005, called for the
creation of a city-wide institutional network, or I-Net. According to the Cable Franchise
Agreement, each Authorized User must sign a written agreement prohibiting
commercial use of the I-Net or any use inconsistent with the Cable Franchise
Agreement. NICC is ready to use the I-Net; two signed originals of its User Agreement
are attached.
RECOMMENDED ACTION
I respectfully request that you sign the attached User Agreements and forward to the
City Council to receive and file. Please return both originals to me; I will send one to
NICC, one to the City Clerk's office, and keep a copy in my office.
cc: Barry Lindahl, City Attorney
Randy Gehl, Public Information Officer
INSTITUTIONAL NETWORK USER AGREEMENT
EETWEEN THE CITY OF DUBUQUE, IOWA
AND
NORTHEAST IOWA COMMUNITY COLLEGE
This Institutional Network User Agreement is dated for reference purposes
the 15thday of rsar~h , 2009, by and between the City of Dubuque, Iowa,
(City), whose address for the purposes of this Agreement is City Hall, 50 W. 13tH
Street, Dubuque, Iowa, and Northeast Iowa Community College (User), whose
address for the purposes of this Agreement is 700 Main Street, Dubuque, Iowa.
Whereas, Section 6(h) of the 2005 Franchise Agreement (the Franchise
Agreement) between City and Mediacom establishes an institutional network (I-
Net) utilizing fiber optic cable; and
Whereas, the I-Net links public, educational, and governmental facilities in
the City of Dubuque; and
Whereas, the dark fiber I-Net is designed and constructed by Mediacom
as a single-mode fiber loop, which allows each of the designated locations to
originate and receive fully interactive video, data, and voice signals; and
Whereas, construction specifications for the I-Jet are outlined in the
Franchise Agreement, which provides that additional fiber for home and business
subscribers may co-locate alongside the institutional fiber, but shall be separate
from the subscriber network; and
Whereas, City, along with designated educational and institutional
locations, shall only have such rights regarding the I-Net fibers as set forth in the
Franchise Agreement; and
Whereas, the Institutional Network User Agreement (User Agreement) is
designed to help protect the City, Mediacom, and designated institutional
locations; and
Whereas, the Franchise Agreement provides that the fiber loop, on the
institutional side, is managed by an I-Net Coordinator (the Coordinator), a City
employee or designee, who convenes and facilitates the activity of the
Institutional Network Consortium (the Consortium); and
Whereas, the Coordinator and the Consortium act in the general best
interests of the combined wishes of the designated institutions, and complying
with the conditions of the Franchise Agreement is always the guiding instrument;
and
Whereas, the intent of the User Agreement and subsequent I-Net and
Consortium policy is to (1) protect all stakeholders from irresponsible or illegal
activity, (2) identify the overriding jurisdiction of the Franchise Agreement, and (3)
provide a single depository of useful information for all stakeholders; and
Whereas, the User Agreement contains anon-exclusive list of actions that
may be detrimental to the health of the I-Net; and
Whereas, it is the responsibility of the Coordinator, working in concert with
the Consortium, to review the User Agreement and subsequent policies of the
Consortium and recommend changes whenever necessary; and
Whereas, in the event a discrepancy or contradiction exists between this
User Agreement or subsequent policies of the Consortium or the I-Net and the
Franchise Agreement, the Franchise Agreement takes precedence.
NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
SECTION 1. USE OF I-NET. City hereby grants to User permission to use the I-
Net upon the terms and conditions set forth herein. The User is designated as C
for each of the sites listed in Section 10.
SECTION 2. RESTRICTIONS ON I-NET USE. User agrees that it will not use
the I-Net in any manner inconsistent with the Franchise Agreement, Ordinance
28-05, as it may be amended from time to time; this User Agreement; and
subsequent policies covering the Consortium and the I-Net, including but not
limited to, the following restrictions:
(1) The I-Net may not be used for resale or for commercial
purposes.
(2) A user designated as an R or E site may not use the I-Net on
a regular basis for communications that travel over facilities that are
not part of the I-Net or of the institution's own internal network.
(3) A user designated as an E site may use the I-Net only for
community emergency purposes, including emergency readiness.
SECTION 3. PRIMARY CONTACT. User shall provide to City the name and
contact information for a Primary Contact, including 24-hour telephone contact
information, who shall be responsible for providing access to City and its
representatives as necessary to assess, repair, or perform corrective measures
at User's location. User shall provide timely updates to City with respect to such
contact information as it changes from time to time.
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SECTION 4. EQUIPMENT. The purchase and maintenance of all equipment
necessary to activate User's portion of the fiber-optic network shall be the sole
responsibility of User. User shall notify the Coordinator of activation and use of
any section of the I-Net.
SECTION 5. RESPONSIBILITY FOR WIRING. All I-Net wiring on User's side of
the demarcation point and all I-Net electronics are the sole responsibility of User.
User shall reimburse City for all costs associated with locating or repairing any
failure which is reported to City but which is subsequently determined to have
occurred on User's side of the demarcation point.
SECTION 6. USE OF CORE/RING FIBER. User shall not use any fiber
connecting core/ring sites without the prior written approval of City.
SECTION 7. ASSUMPTION OF RISK. City shall not be liable for any loss,
damage, or appropriateness of use incurred by User in conjunction with the I-Net,
and User agrees to defend, indemnify and hold City, its officers, agents, and
employees from and against any and all claims arising out of User's use of the I-
Net.
SECTION 8. CEASE AND DESIST. Upon receipt from City of written notification
of a violation of this User Agreement, User shall immediately cease and desist all
such conduct.
SECTION 9. TERMINATION. City may terminate this User Agreement for any
material violation of this user Agreement upon twenty-four (24) hours written
notice to User.
SECTION 10. DESIGNATED SITES. This User Agreement covers the following
site:
• 700 Main Street
SECTION 11. By signing this document, User's representative acknowledges
that such representative has read, understands, and accepts the terms and
conditions of this User Agreement, the Franchise Agreement, and I-Net and
Consortium Policy, as they may be amended from time to time, and that such
representative is authorized to execute this User Agreement on behalf of User.
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CIl°Y F ®IJIJIJ, IV1/,4
By:
Mid C. Van Milligen
City Manager
Date: v
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Jahn Noel
't/ice-President of Finance
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PRIMARY CONTACT INFORMATION
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