Broadband Update and Request for Approval to Contract w/ESRI Copyrighted
September 17, 2018
City of Dubuque Action Items # 4.
ITEM TITLE: Broadband Update and RequestforApproval to Contract
with Environmental Systems Research Institute, Inc. (ESRI)
SUMMARY: City Manager providing an update on continuing broadband
activityand recommending approval to contractwith ESRI
for support services for development of a broadband
application viewer that would leverage open data for maps
and applications to provide information to the public
regarding options for broadband providers and services
and obtain feedbackfrom residents.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Broadband Update-NNM Memo City Manager Memo
Staff Memo Staff Memo
ESRI P18-23808- City of Dubuque lowa - Broadband Supporting Documentation
Application Support Quote
THE CTTY OF Dubuque
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ui���eNe�ary
DUB E 'il��i;'
Masterpiece on the Mississippi Z°°' Z°'Z
2013 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Broadband Update and Request for Approval to Contract with
Environmental Systems Research Institute, Inc. (ESRI)
DATE: September 13, 2018
Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness, Public
Information Officer Randy Gehl and Sustainable Innovation Consultant David Lyons are
providing an update on continuing broadband activity and recommending approval to
contract with Environmental Systems Research Institute (ESRI) in the amount of
$24,030 for support services for development of a broadband application viewer. The
application would leverage open data for maps and applications to provide information
to the public regarding options for broadband providers and services and to obtain
feedback from residents.
Early 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.
As a core principal, the City Council is interested in access and equity issues as it
relates to broadband availability and services. Staff is working to accelerate the public
facing and interactive portions of the broadband initiative. In summary, this acceleration
would take the form of three interlinked components:
Component 1: A Broadband Mapping and Options plafform. This would be an
on-line tool for helping the community understand broadband coverage and a
way for citizens to identify broadband options. The tool would be built on
Dubuque's ESRI ArcGIS Open Data Portal and would, among other things,
allow citizens and businesses to see which internet providers are available in
the area, a direct link to those providers and a "forum" for submitting and
discussing questions and concerns with City staff. Broadband data would be
queried using a current location and/or an input address.
Component 2: A Services and Policy Matrix. This also would be an on-line tool
for helping residents and businesses determine which options would best meet
their needs based on a matrix of service offerings. The tool would allow the
consumer to see key attributes of an Internet Provider's service and policy,
including but not limited to type of connection, speed of connection (upstream
and downstream), up-time commitment, security, customer service options and
policy on net neutrality. This tool will also include a forum for submitting and
discussing questions and concerns.
Component 3: Performance Tools. This would involve providing and curating a
set of on-line tools that provide Dubuque residents free and easy access to
information about the internet service they have to assure it is providing the
value and services contracted for. Areas for performance testing can range
from speed (and "throttling") to security.
In addition to these three components providing individual support to residents and
businesses, staff will be able to use the aggregate resulting data and consumer input to
provide an overall picture of the internet in Dubuque, policy issues that may be arising
and need attention or areas where lack of service or poor performance may indicate the
need to consider direct public sector action.
This request supports Dubuque's Broadband Acceleration Initiative, improves support
for residents on internet availability, access and equity and will begin to provide City
Leadership with a real-time view of the community's internet environment and needs.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1� I.11G�'�u't y t�v
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, Civil Engineer II
Randy Gehl, Public Information Officer
David Lyons, Sustainable Innovation Consultant
2
Dubuque
THE CITY OF �
DT T� � All-AmericaCitv
U
Masterpiece on the Mississippi 1 I I I Ial
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TO: Michael C. Van Milligen, City Manager
FROM: Chris Kohlmann, Information Services Manager
Dave Ness, Civil Engineer II
Randy Gehl, Public Information Officer
David Lyons, Sustainable Innovation Consultant
SUBJECT: Broadband Update and Request for Approval to Contract with
Environmental Systems Research Institute, Inc (ESRI)
DATE: September 11 , 2018
INTRODUCTION
The purpose of this memo is to provide an update on continuing broadband activity and
to request review and approval to contract with ESRI in the amount of$24,030 for
support services for development of a broadband application viewer. The application
would leverage open data for maps and applications to provide information to the public
regarding options for broadband providers and services and to obtain feedback from
residents.
BACKGROUND AND DISCUSSION
Early 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.
As a core principal, the City Council is interested in access and equity issues as it
relates to broadband availability and services. Staff is working to accelerate the public
facing and interactive portions of the broadband initiative. In summary, this acceleration
would take the form of three interlinked components:
Component 1: A Broadband Mapping and Options platform. This would be an on-
line tool for helping the community understand broadband coverage and a way for
citizens to identify broadband options. The tool would be built on Dubuque's ESRI
ArcGIS Open Data Portal and would, among other things, allow citizens and businesses
to see which internet providers are available in the area, a direct link to those providers
and a "forum" for submitting and discussing questions and concerns with City staff.
Broadband data would be queried using a current location and/or an input address.
Component 2: A Services and Policy Matrix. This also would be an on-line tool for
helping residents and businesses determine which options would best meet their needs
based on a matrix of service offerings. The tool would allow the consumer to see key
attributes of an Internet Provider's service and policy, including but not limited to type of
connection, speed of connection (upstream and downstream), up-time commitment,
security, customer service options and policy on net neutrality. This tool will also
include a forum for submitting and discussing questions and concerns.
Component 3: Pertormance Tools. This would involve providing and curating a set
of on-line tools that provide Dubuque residents free and easy access to information
about the internet service they have, to assure it is providing the value and services
contracted for. Areas for performance testing can range from speed (and "throttling") to
security.
In addition to these three components providing individual support to residents and
businesses, staff will be able to use the aggregate resulting data and consumer input to
provide an overall picture of the internet in Dubuque, policy issues that may be arising
and need attention or areas where lack of service or poor performance may indicate the
need to consider direct public sector action.
BUDGETIMPACT
While City staff and partners can provide much of what the above effort and
components will require for implementation, it will need to contract with ESRI for ArcGIS
application design, development and data analytics tools. Details of that support are
attached with a total not-to-exceed price of$24,030.
Identified sources of funding include GIS Augmented services for $8,000 and $16,030
from Engineering/Traffic project for documentation of fiber optic assets.
RECOMMENDATION AND ACTION REQUESTED
This request supports Dubuque's Broadband Acceleration Initiative, improves support
for residents on internet availability, access and equity and will begin to provide City
Leadership with a real-time view of the community's internet environment and needs.
We would respectfully request your approval and recommendation to City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Jenny Larson, Budget Director
Nikki Rosemeyer, GIS Coordinator/Analyst
Kerry Bradley, Engineering
2
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Dubuque, IA 52001
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Introduction:
The City of Dubuque (Dubuque)has requested Environmental Systems Research Institute, Inc.
(Esri)Professional Services to provide consulting services for support with a broadband
application viewer to provide information to the public regarding options for broadband
providers and to obtain feedback from citizens. The Esri support is anticipated to consist of
configuration of Dubuque's Open Data Portal, configuration of a broadband application viewer
and a Survey 123 form. The quote below describes the scope of services, schedule, pricing,
terms and conditions, and purchasing instructions.
Scope of Services:
Activity 1 ArcGIS Open Data Support
Esri will provide up to 28 hours of consulting services to assist Dubuque with configuration of an
ArcGIS Open Data PortaL It is anticipated that consulting services will include the following
topics:
• Installation of ArcGIS Open Data Portal
• Configuration support for Dubuque's ArcGIS Open Data Portal to include:
o Home page
o Gallery
o Map
o Item details
o Security
o General settings
• Provide guidance on best practices for formatting broadband data
• Knowledge transfer on best practices for administrating an ArcGIS Open Data Portal
This activity will be supported remotely from Esri's offices. The Esri consultant{s)will work
with direction from Dubuque's technical staff and management.
Activity 2 Broadband Application Support
Esri will provide up to 62 hours of consulting services to assist Dubuque with configuration of an
Broadband application viewer and Survey 123 feedback form. It is anticipated that consulting
services will include the following topics:
• Configuration of an ArcGIS Web AppBuilder application
P18-23808 City of Dubuque
Broadband Application Support 1 September 7, 2018
• Custom widget to show information for intersecting polygon layers in the same panel
• Custom widget deployment support
• Support for embedding the application in the Open Data Portal page
• Support for creating and deploying an ArcGIS Survey 123 form to obtain citizen
feedback
This activity will be supported remotely from Esri's offices. The Esri consultant(s)will work
with direction from Dubuque's technical staff and management.
Esri Responsibilities
• Provide up to 90 hours of consulting services as described above.
Dubuque Responsibilities
• Communicate consulting needs and priorities to the Esri consultants.
• Provide the appropriate Dubuque staff members to work with the Esri consultants.
• Provide the Esri consultants with access to Dubuque's data and system environment, as
necessary.
Assumptions
• Pricing assumes all consulting services wil be provided remotely from Esri's offices
during Esri's normal business hours and no travel will be required of the Esri consultants.
• Esri will not be responsible for data clean-up, if needed.
• Dubuque's ArcGIS Organization is already set up and available to use for the Scope of
Services above.
Schedule:
The schedule will be mutually agreed upon between Dubuque and Esri within 10 days after
contract award with anticipated end date of 12/31/2018.
Pricing:
The pricing provided below has been estimated based upon an anticipated award of a Time-and-
Materials (T&M) contract. The required labor hours have been estimated based upon prior
experience with work of a similar nature. The total not-to-exceed (NTE)price for the quoted
Scope of Services is $24,030.
P18-23808 City of Dubuque
Broadband Application Support 2 September 7, 2018
This price is exclusive of any applicable federal, state and/or local taxes for which Esri may
collect and Dubuque shall remain responsible. Dubuque will provide its tax-exemption
certificate, if applicable.
Esri anticipates using staff from the Technical Consultant I- Offsite labor category far the
proposed remote support; however, depending on the level of expertise required to perform
certain activities during this engagement, Esri may be required to utilize other Esri staff members
with a different skill-set and labor category from the pricing build-up table shown below.
Pricin Build-u
*CY 2018
Hourly
Rate Estimated Total
CostDescri tion USD Hours SD
Technical Anal st-Offsite $231 $0
Technical Consultant I-Offsite $267 90 $24,030
Technical Consultant II-Offsite $291 $0
Technical Consultant III- Offsite $361 $0
Total Not-to-Exceed Price $24 030
*Ifservices are required r{�terDecember 31, 2018, calendar year 20191abor rates will apply.
T&M consulting services will be conducted under the following conditions:
• In the event Esri completes the Scope of Services for less than the NTE budget, Dubuque
will only be invoiced for the actual hours expended.
• In the event Esri reaches the NTE budget limit before the Scope of Services is completed,
Dubuque will have the option to either(a) increase the contract funding in order to allow
the work to continue; or (b) instruct Esri to stop work. If Dubuque chooses to stop work,
Esri will do so without liability.
• Esri reserves the right to reallocate the project funding between Scope of Services
activities, as necessary to facilitate the work effort, provided the overall contract price is
not exceeded.
All work will be accomplished in accordance with the Scope of Services with the deliverable
being consulting time. If additional wark is requested by Dubuque in writing beyond the scope of
this quote, Esri will provide an updated quote. Esri will perform and invoice Services on a time
and materials basis using the labor categories and rates specified for the performance period.
Labor, including preparation time, will be invoiced on a monthly basis for actual hours expended
during the previous month. Invoices are to be paid within 30 days of receipt. This quote is valid
for a period of 60 days from the submittal date above.
P18-23808 City of Dubuque
Broadband Application Support 3 September 7, 2018
Terms and Conditions:
By purchasing these services, the City agrees to the Implementation Services Time and
Materials Agreement G363B(1�, which is attached and incorparated herein by this reference
and will take precedence over any other terms and/or customer ordering documents.
Purchasing:
To order these services as quoted, please email the following items to Bradley Rupert at
brunert(a�esri.com or fax to (909) 798-2003.
1. Purchase Order:
o In the amount of the Total NTE Price above
o Referencing this Quote No. P18-23808, dated 9/7/2018
2. A copy of this quote, and the attached Agreement, signed by an authorized member of the
City.
When we receive these completed documents, Esri will contact you to discuss staff assignment
and schedule. We look forward to supporting you.
Contact:
Brad Rupert
Professional Services
880 Blue Gentian Road, Suite 200
St. Paul, MN 55121
651-454-0600 x8331
brupe esri.com
www.esri.com
P18-23808 City of Dubuque
Broadband Application Support 4 September 7, 2018
Copyiight 0 2018 Esri
All rigMs reserved.
Printed in the United States of America.
Notice of Proprietary IId'ormation:
The information in the attached document is proprietuy to Esri and contains commercial or financial information or hade secrets
trtat ue confidential and exempt from disclosure to the public under the Freedom of Information Act TMs information shall not be
disclosed outside of Customer's orgaruzation(except for consultants under a confidentiality obligation who ue involved in the
proposal evaluation process)without Esri's prior permission,and sktall not be duplicated,used,or disclosed in whole or in part for
any purpose other trtan to evaluate trus proposal. If, however, a conhact is awarded to Esri as a result of trus information, the
Customer shall have the right to duplicate,use,or disclose the data to the eatent provided in the conhact TMs reshiction does not
limit the Customer's right to use information contained in this data if it is obtained from another source without reshiction.
Esri,the Esri globe logq ArcGIS,esri.com,and other Esri muks used in trus document ue hademuks,service muks,or registered
muks of Esri in the Uruted States, the European Community, or certain other jurisdictions. Other comparues and products or
services mentioned herein may be hademuks,service muks,or registered muks of their respective muk owners.
Implementation Services • SCIENCE
Time and Materials Agreement � esri wHERE'
1. DEFINITIONS
Esri may reallocate authorized funding between contracted
"Commercial Off-the-Shelf Software"or"COTS Software" activities, labor categories, and other non-travel-related direct
means all or any portion of Esri's proprietary software costs(if applicable)as necessary to facilitate the work
technology accessed or downloaded from an authorized Esri requirements, provided the overall authorized funding is not
website or delivered on any media, in any format, including exceeded. In the event that Esri reaches the not-to-exceed
backups, updates, service packs, patches, hot fixes, or funding limit, Customer may increase the order funding to
permitted merged copies, available under license to the allow additional work to be performed, or direct Esri to stop
general public. work without further obligation or liability.
"Map Data"means any digital dataset(s) including 5. LIMITED WARRANTY AND DISCLAIMER OF
geographic, vector data, coordinates, raster, or associated WARRANTIES
tabular attributes supplied by either party for use in the
performance of this Agreement. Esri warrants for a period of ninety (90)days from the date of
performance that Services will substantially conform to the
"Services" means consulting support being performed by professional and technical standards of the software industry.
Esri on a time and materials basis in exchange for If Services do not substantially conform to these standards,
compensation from Customer. Customer may require Esri to reperform Services at no
additional cost to Customer. Services Output is provided as is
"Services OutpuY' means any work product produced by without warranty of any kind.
Esri as a result of Services provided under this Agreement.
Services Output can include, but is not limited to, reports, Disclaimer of Warranties.With the exception of the
training materials, and custom software code. limited warranty set forth in this Article,Esri disclaims
and this Agreement expressly excludes all other
2.OWNERSHIP AND GRANT OF LICENSE warranties,express or implied,oral or written, including,
Except as specifically granted in this Agreement, Esri owns W�thout limitation,any and all warranties of
and retains all rights,title, and interest in Services Output. merchantability or fitness for a particular purpose.
Subject to the terms and conditions in this Agreement, Esri In addition to and without limiting the preceding
grants to Customer a nonexclusive, royalty-free, worldwide paragraph,Esri does not warrant in any way Map Data.
license to use, modify, and/or reproduce Services Output in Map Data may not be free of nonconformities,defects,
connection with Customer's authorized use of Esri's COTS errors,or omissions; be available without interruption; be
Software. corrected if errors are discovered;or meet Customer's
3. PATENTS AND INVENTIONS needs or expectations.Customer should not rely on any
Map Data unless Customer has verified Map Data against
Esri and Customer will retain title to any inventions, actual data from documents of record,field
innovations, and improvements ("Inventions") made or measurement,or observation.
conceived solely by its principals, employees, consultants, or 6. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
independent contractors("Inventors")during the term of this
Agreement. Esri and Customer will jointly own any Inventions In no event will Esri be liable to Customer for
made or conceived jointly by Inventors from both parties. procurement of substitute goods or services; lost profits;
Where Inventions are jointly owned, each joint owner will lost sales; business expenditures; investments; business
share equally the costs of acquiring protection for the commitments; loss of goodwill;or any indirect,special,
Inventions and furnish the otherjoint ownerwith assistance exemplary,consequential,or incidental damages arising
reasonably required for acquiring protection. Neither Esri nor out of or related to this Agreement,however caused or
Customer may license, transfer, or sell its interest in jointly under anytheory of liability,even if Esri has been
owned Inventions without the written consent of the other advised of the possibility of such damages.
party,which will not be unreasonably withheld.
Esri's total cumulative liability under this Agreement,
4.COMPENSATION from all causes of action of any kind,will in no event
Esri will perform and invoice Services on a time and materials exceed the amount actually paid by Customer for
basis using the labor categories and rates specified forthe Services under this Agreement from which the liability
performance period. Labor, including travel time, will be directly arose.
invoiced on a monthly basis for actual hours expended during 7.CONFIDENTIALITY
the previous month. Remote support and travel time will be
invoiced at the offsite labor rates. Actual onsite support will Services Output is Esri confidential information, and Customer
be invoiced at the onsite labor rates, which are inclusive of must preserve and protect the confidentiality of Services
travel-related expenses. Other non-travel-related direct costs Output. Customer agrees not to reverse engineer or
(ODCs), if applicable, will be invoiced plus Esri's standard decompile custom software delivered in object code,
burden. Labor rates are subject to annual escalation in an executable code, or similarformats(collectively, "Secure
amount not to exceed five percent(5%)on January 1��of Formats"). For custom software delivered in source code or
each year. Esri's payment terms are net thirty(30)days. If other human-readable formats, Customer will have met its
Customer's credit history has not been established, Esri obligations under this provision if its disclosure of custom
reserves the right to require full or partial prepayment.
G363B(M),JTD, August 2,2018 Page 1 of 2 May 15, 2018
software is limited to custom software in Secure Formats,
provided that the means for reverse engineering, decompiling, 9.3 Taxes. Services are quoted exclusive of all state, local,
or disassembling the custom software is withheld from such value-added, or other taxes; customs; duties; or other charges
disclosure, and the person or entity in receipt of the custom (other than income taxes payable by Esri). In the event such
software similarly agrees not to pertorm the prohibited acts taxes and/or charges become applicable to Esri's Services or
described above or allow others to do so. Services Output, Customer will pay the applicable tax upon
receipt of written notice that it is due.
Except as provided in the preceding paragraph, Customer will
not disclose Services Output to third parties without the 9.4 UCC Inapplicability. Services provided under this
advance written consent of Esri. Customer may make Agreement will not be governed by the Uniform Commercial
disclosures to Customer's employees to the eutent reasonably Code(UCC)and will not be deemed"goods"within the
required to allow Customer to use Services Output in a definition of UCC.
manner authorized under the applicable software licenses. g.5 Order of Precedence. These terms and conditions will
Customer must comply with Article 8 in making any permitted take precedence over any Customer terms and conditions
disclosures. Before disclosing all or any portion of Services included in Customer ordering or authorizing documents, such
Output to employees or third parties as permitted in the as purchase orders. Any additional terms or conditions in
preceding sentence, Customer will inform its employees or Customer ordering or authorizing documents will be void and
third parties of the obligations in this Agreement and obtain may be incorporated into this Agreement only by written
their agreement to be bound by them. amendment signed by both parties.
8. EXPORT CONTROLS 9.6 Equitable Relief. Customer agrees that any breach of this
Customer must comply with all applicable laws and Agreement by Customer may cause Esri irreparable damage.
regulations of the United States including,without limitation, In the event of a breach, in addition to any and all remedies at
its export control laws. Customer expressly acknowledges law, Esri will have the right to seek an injunction, specific
and agrees not to export, reexport,transfer, or release pertormance, or other equitable relief in any court of
Services Output, in whole or in part,to(i)any US embargoed competent jurisdiction to prevent violation of these terms
country(including to a resident of any US embargoed without the requirement of posting a bond or undertaking or
country); (ii)any person or entity on the US Treasury proving injury as a condition of relief.
DepartmenYs List of Specially Designated Nationals; (iii)any g.7 Governing Law.This Agreement will be governed by and
person or entity on the US Commerce DepartmenYs Lists of construed in accordance with the laws of the State of
Parties of Concern; or(iv)any person or entity where such California without reference to its conflict of laws principles.
export, reexport, or provision violates any US export control
laws or regulations including, but not limited to,the terms of g.g Electronic Signatures.The parties agree that this
any export license or licensing provision and any Agreement and any modifications may be executed by
amendments and supplemental additions to US export laws. electronic means and will be legally binding upon the parties
9. GENERAL PROVISIONS and admissible in court as the legal equivalent of a written
manual signature.An executed Agreement will constitute a
9.1 Non-solicitation. Neither party will directly solicit for hire duplicate if it is transmitted through electronic means, such
any employee of the other party who is associated with as, but not limited to, fax, e-mail, FTP transfer, or multimedia
Services called for under this Agreement during, and for a message, and reflect the signing of the document by any
period of one(1)year after, project completion. In the event party. Duplicates will be valid and binding even if an original
this provision is breached, liquidated damages equal to paper document bearing the original signature is not
twelve(12) months of the employee's compensation, plus any delivered.
legal expenses associated with the enforcement of this g.g Entire Agreement.This Agreement is the sole and entire
provision, will be paid by the breaching party to the aggrieved agreement of the parties for Services and supersedes any
party. The foregoing will in no way restrict the parties from previous agreements, understandings, and arrangements
publicly advertising positions for hire in newspapers, between the parties relating to the subject matter.The
professional magazines, or Internet postings. undersigned acknowledges and represents that he/she has
9.2 Use of Subcontractors. Esri reserves the right to utilize read and understands this Agreement and has the authority to
technically qualified subcontractor resources to support work bind his/her organization to these terms and conditions.
contracted under this agreement. Esri will remain responsible
for the quality of all work pertormed by an Esri subcontractor
resource.
By: Date:
Print Name: Phone:
Organization("Customer"):
Address:
City: State: ZI P Code:
Incorporating by reference Esri Proposal Number Dated
G363B(M), JTD,August 2,2018 Page 2 of 2 May 15, 2018