Proposed Master Co-Location and Shared Services Aureon Network Services Copyrighted
November 19, 2018
City of Dubuque Consent Items # 36.
ITEM TITLE: Proposed Master Co-Location and Shared Services
Agreement Between the City of Dubuque and lowa Network
Service d/b/a Aureon Network Services
SUMMARY: City Manager recommending approval of a Master Co-
Location and Shared Services Agreement between the City
of Dubuque and Aureon Network Services.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Aureon Master Co-Location and Shared Services City Manager Memo
Agreement-NNM Memo
Staff Memo Staff Memo
Aureon MSA and Project Statement Supporting Documentation
THE CITY OF Dubuque
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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 and Aureon
DATE: November 15, 2018
Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and
Sustainable Innovation Consultant David Lyons recommend City Council approval of a
Master Co-Location and Shared Services Agreement between the City of Dubuque and
Aureon.
The project would involve co-location of equipment and lease of rack space at the City's
telecommunications facility located at 1503 West 3�d Street. Aueron will pay an annual
fee of$9,600 to the City for facility co-location beginning on the execution date and
each anniversary of that date during the term of this lease.
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
David Ness, Civil Engineering II
David Lyons, Sustainable Innovation Consultant
Dubuque
THE CITY OF
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Masterpiece on the Mississippi �
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TO: Michael C. Van Milligen, City Manager
FROM: Chris Kohlmann, Information Services Manager
Dave Ness, Civil Engineer II
David Lyons, Sustainable Innovation Consultant
SUBJECT: Proposed Master Co-Location and Shared Services Agreement Between
the City of Dubuque and Aureon
DATE: November 9, 2018
INTRODUCTION
The purpose of this memo is to request approval of a Master Co-Location and Shared
Services Agreement between the City of Dubuque and Aureon.
BACKGROUND
In 2016 the City of Dubuque undertook its Broadband Acce/eration 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.
One effort within that strategy is the use of "Master Agreements", where an overall legal,
structural and financial relationship is established between the City and broadband
providers and approved by City Council. Project Statements carried out pursuant to that
Master Agreement can then be quickly considered and approved.
DISCUSSION
Aureon, a national business solutions and support services provider, desires to co-
locate and share services in the greater Dubuque region to facilitate the expansion of
broadband access, services and choice to its customers. The project would involve co-
location of equipment and lease of rack space at City's telecommunications facility
located at 1503 West 3rd Street and known generally as the "Nextel Building". The
equipment shall consist of one 42 Rack Unit (RU) including 3KVA power for equipment
and interconnection to Wisconsin Independent Network (WIN) and Jo Carroll Energy.
The proposed term of the agreement is a ten (10) year term beginning December 1 ,
2018 and running through November 30, 2028, with two five (5) year extensions upon
the mutual agreement of both parties.
BUDGET IMPACT
Aureon will pay an annual fee of$9,600 to the City for facility co-location at 1503 West
3rd Street, beginning on the execution date and each anniversary of that date during the
term of this agreement.
ACTION REQUESTED
Please review the memo and Agreement and let me know of any questions. I would
respectfully request your approval and would ask that you forward this information to the
Dubuque City Council with a recommendation for their approval and execution of the
agreement. Thank you.
Cc: Barry Lindahl, Senior Counsel
Steve Brown, Engineering Project Manager
Tracey Stecklein, City Attorney's Office
Anita Gonyier, Confidential Account Clerk
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MASTER CO-LOCATION AND SHARED SERVICES AGREEMENT
BETWEEN
7HE GiYY DF QUBLlQL�E,.IOWA
AND
lawa N�twnrk Servite dba Al!#tEaIV NETWDRIC SEftVICES AUREDN
The parties to this Master Co-Location and Shared Services Agreement ("Agreement") are Aureon, a for
profit corporation domiciled in the State of lowa (AUREON), and the City of Dubuque, lowa (CITY), a
municipal corporation organized and existing under the laws of the State of lowa. The effective date
("Effective Date")of this Agreement shall be as of the last date of execution.
RECITALS:
• AUREON desires to co-locate and share services in the Greater Dubuque Region to
facilitate the expansion of broadband access, services and choice to its customers.
• CITY desires to co-locate and share services in the Greater Dubuque Region to facilitate
the expansion of broadband access, services and choice to citizens and businesses, and
provision of services to citizens of the community.
■ Both AUREON 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. In addition to this Master Agreement, AUREON and CITY agree
to develop and sign Project Statements which will further define the description of facilities,
responsibilities, technical services and charges and other necessary terms for the implementation of
specific co-location and/or sharing activities. Project Statements may be incorporated into this
Agreement by both parties executing a supplemental Exhibit in the form of Exhibit D-1 of this Agreement.
For each additional activity in which a Project Statement is granted,the separate Exhibit D-1,executed by
both parties,will be attached hereto and titled so as to identify this Agreement,the facilities affected,the
resulting Fee and any other material terms and conditions relating to the additional activity in which a
Project Statement is granted hereunder. In the event of any conflict between any term or condition of
this Agreement and a future Project Statement, the terms and conditions of this Agreement will control,
unless the conflicting provisions of the Project Statement expressly provide that the Parties intend for
such conflicting terms to be given effect for such Project Statement notwithstanding the provisions of this
Agreement. Terms contained in a Project Statement that are not contained in, and that do not conflict
with,this Agreement shall be given effect.
SECTION 2. DESCRIPTION OF TECHNICAL AND SHARED SERVICES
2.1 Use of and Access to AUREON Co-Location Facilities. CITY shall be responsible for all installation
and maintenance of its equipment at an AUREON site, unless otherwise agreed to in writing by AUREON.
Such installation and maintenance shall be conducted in accordance with any and all rules as AUREON
may from time to time create and which include but are not limited to those contained in Exhibit A,
110618ba1
attached hereto and incorporated herein by reference.All CITY equipment shall remain the sole property
and responsibility of CITY. Unless otherwise agreed to in writing by Aureon, City shall remove all
equipment within thirty(30) days of the termination of a project statement.
2.2 Permission to Work at AUREON 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 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 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 AUREON POP to work on CITY'S equipment.
2.3 Interconnection at AUREON facilities. The Parties agree that CITY'S co-location with AUREON is
for the primary purpose of housing and operating CITY'S equipment connected to CITY'S network.
AUREON,at its sole discretion, may permit CITY interconnection with a third party within an AUREON POP
and if permitted, but only upon AUREON'S prior written consent.
2.4 Non-exclusive Placement of Fiber in AUREON Co�duit. CITY may non-exclusively use AUREON
conduit for the installation of fiber at its sole cost and expense and as approved within a Project
Statement. The use of the conduit shall be non-exclusive and AUREON shall have the right to use said
conduit and allow other permittees to use the conduit. CITY shall also have the right to use AUREON 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. AUREON shall have the right at any time,
with 120-days written notice, 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 AUREON for any reason, in AUREON'S sole discretion, including the repair, replacement,
inspection or relocation of the conduit. If AUREON requires CITY to remove the fiber, AUREON shall
provide to CITY a reasonable opportunity to install conduit in a different location which will allow CITY to
replace the removed fiber. AUREON shall not be liable to CITY for any damages AUREON or its agents or
employees cause to said fiber (or other items) for any reason including repairing, replacing, inspecting,
relocating or working on the conduit. CITY hereby releases and discharges AUREON from any and all
liability, costs, expenses, claims, demands or suit CITY may have against AUREON arising out of CITY'S
installation, use, or maintenance of said fiber. CITY hereby agrees to hold AUREON harmless and does
undertake to fully indemnify AUREON from any claims made against AUREON arising out of CITY'S use of
the conduit.
2.5 Use of and Access to CITY Co-Location Facilities. AUREON 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 may from
time to time create and which include but are not limited to those contained in Exhibit B, attached hereto
and incorporated herein by reference. All AUREON equipment shall remain the sole property and
responsibility of AUREON. Unless otherwise agreed to in writing by CITY, AUREON shall remove all
equipment within thirty(30) days of the termination of a project statement.
2.6 Permission to Work at CITY facilities. Plans for AUREON Co-Location as described in any Project
Statement shall be completed by AUREON and shall be submitted in writing to the designated contact
specified in Section 8 of this Agreement prior to commencement of any work. Such plans or subsequent
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major alterations thereof must have the written approval of the designated contact specified in Section 8
of this Agreement prior to commencement of any work. AUREON 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 CITY POP to work on AUREON equipment.
2.7 Interconnection at CITY facilities. The Parties agree that AUREON'S co-location with CITY is for
the primary purpose of housing and operating AUREON'S equipment connected to AUREON'S network.
CITY, at its sole discretion, may permit AUREON interconnection with a third party within a CITY POP and
if permitted, but only upon CITY'S prior written consent.
2.8 Nan-exclusive Placement of Fiber in City Canduit. AUREON may non-exclusively use CITY conduit
for the installation of fiber at its sole cost and expense and as approved within a Project Statement. The
use of the conduit shall be non-exclusive and CITY shall have the right to use said conduit and allow other
permittees to use the conduit. AUREON 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,AUREON shall restore the site
of installation to its pre-installation condition. There shall be no above ground cabinets or markers in the
City street right-of-way or on City property. CITY shall have the right at any time, with 120-days written
notice, to require AUREON at AUREON'S sole cost and expense to remove or relocate the fiber placed in
the conduit by AUREON (or other items installed in the conduit by AUREON) 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 City street right-of-way or on City property. If CITY
requires AUREON to remove the fiber,CITY shall allow AUREON a reasonable opportunity to install conduit
in a different location which will allow AUREON to replace the removed fiber. CITY shall not be liable to
AUREON for any damages CITY or its agents or employees cause to said fiber (or other items) for any
reason including repairing, replacing,inspecting, relocating or working on the conduit or roadway or while
installing, inspecting, maintaining, repairing or working on any utilities within said right-of-way area or
property. AUREON shall be responsible for taking any and all action necessary to become a member of
Diggers Hotline or appropriate "One Call network", and abide by all "One Call Network" rules and
regulations and shall further be required to make arrangements for marking the location of its fiber as is
necessary to protect said fiber in case of any digging in the area.AUREON hereby releases and discharges
CITY from any and all liability, costs, expenses, claims, demands or suit AUREON may have against CITY
arising out of AUREON'S installation, use, or maintenance of said fiber. AUREON hereby agrees to hold
CITY harmless and does undertake to fully indemnify CITY from any claims made against CITY arising out
of AUREON use of the conduit. At all times AUREON has fiber in CITY's conduit AUREON shall provide
insurance as described in the attached Insurance Schedule, Exhibit D, as such schedule may from time to
time be amended by CITY.
SECTION 3. NON-INTERFERENCE.
3.1 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 AUREON'S other customer's
equipment orthe installation,operation and maintenance of such equipment.AUREON shall not interfere
with any of CITY'S other partner's equipment or the installation, operation and maintenance of such
equipment.
3.2 The Parties agree that if AUREON or CITY determine that the other's equipment is interfering with
the normal operation of AUREON'S or CITY's network or facilities,then that Party has the right,with notice
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to the other's network management center,to disconnect the other's offending equipment. AUREON or
CITY shall notify the other of the situation and allow the other to reconnect once the trouble-causing
condition(s) has been resolved.
SECTION 4. CHARGES — TERMS. The Project Statements will more fully describe the Charges and
Payment Terms provided under this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Each Party shall indemnify, defend and hold the other harmless from and against any and all
damages suffered by the other including but not limited to damages to the other's or third party
equipment or facilities as well as claims and liabilities asserted against the other by third parties arising
out of: (a)the negligent actions of the Party, its employees and agents at the other's sites subject to this
Agreement or any Project Statement or (b) the failure of the Party to perform in accordance with the
terms and conditions of this Agreement or any Project Statement.The Party shall indemnify, defend and
hold harmless from and against any and all damages suffered by the other and claims and liabilities
asserted against the other directly arising out of the negligence or intentional misconduct of the Party, its
employees or agents at the Parties sites subject to this Agreement or any Project Statement.
5.2 Notwithstanding the foregoing, neither Party shall be liable to the other for indirect, special or
consequential damages for breach of this Agreement.
SECTION 6. TERM. This Agreement shall become effective on the Effective Date and shall continue
until such time as all Project Statements have expired or have been terminated pursuant to this
Agreement, or until the mutual written agreement of the Parties.
SECTION 7 RIGHT TO TERMINATE. Either Party to this Agreement will have the right to immediately
terminate this Agreement without further obligation on its part under the following conditions:
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 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
cancellation,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 the site may
not be used for its intended purposes or the site is unsatisfactory or becomes unsatisfactory for the
intended purpose.
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7.4 In the event that any lease a Party has to use the site is terminated, lapses or expires.
7.5 In the event termination under this Section is the result of a Party's decision, conduct or
circumstance as herein described, the Party shall be required to account for Termination Liability as
follows:the Party shall pay to the other any and all documented unpaid expenses to date attributable to
the provision of services and shall reimburse for any reasonable costs incurred by the other in effecting
the termination.
SECTION 8. NOTICES.
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 AUREON and CITY:
(1) Billing Contacts/Address:
AUREON: Angie Miller(An�e.Miller�aureon.com)
7760 Office Plaza Drive South
West Des Moines, IA 50266
CITY: City Manager
City Hall
50 West 13th Street
Dubuque, IA 52001
(2) Correspondence Address:
AUREON: Phil Irlmeier(PhiE.lrlmeier@aueon.com)
7760 Office Plaza Drive South
West Des Moines, IA 50266
CITY: City Manager
City Hall
50 West 13t"Street
Dubuque, IA 52001
(3) Engineering, Operations and Technical Correspondence:
AUREON: Phil Irlmeier(Phil.frlmeier auenn.com)
7760 Office Plaza Drive South
West Des Moines, IA 50266
CITY: City Manager
City Hall
50 West 13th Street
Dubuque, IA 52001
(4) Network Management Center(Emergency contacts):
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AUREON: NOC Tier 1.DIS (NDCTier1.�IS@aurean.com)
515-830-0440
CITY: Chris Kohlmann, Manager Information Services Department
1300 Main Street, Dubuque, IA 52001
563-599-2695
or
City Non-Emergency Dispatch 563-589-4415
(5) Escorted Access request line (twenty-four(24) hours per day,seven (7) days per week):
AUREON: Phone: 515-830-0440 or
Email: NOC Tier 1.DIS (IVOCI`ier1.D15@aurenn.com)
CITY: Non-Emergency Dispatch 563-589-4415
Chris Kohlmann, 563-599-2695, or
Email to: ckohlman@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 prior written consent of the other Party which
consent shall not be unreasonably withheld. Assignment between a Party and a majority owned parent,
affiliate, or subsidiary shall not require the consent of the other Party.
SECTION 10. LIABILITY INSURANCE. AUREON shall at all times during the term of this Agreement and
any subsequent terms thereof, provide insurance as described in the attached Insurance Schedules C and
D, as such schedules may from time to time be amended. AUREON acknowledges that CITY is a member
of the lowa Communities Assurance Pool and AUREON accepts such membership as adequate for
purposes of this 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 written approval of the other Party. The other Party 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.
a. Preventive maintenance shall be undertaken only between the hours of 12:00 a.m. to
5:00 a.m. local time. AUREON shall provide to CITY and CITY shall provide to AUREON at least
seven (7) days prior notice of Preventative Maintenance.
b. Emergency Maintenance or Repair: "Emergency Maintenance" shall mean repair work
not reasonably anticipated but which requires immediate action to restore network connectivity
or use or efforts to correct network conditions that are likely to cause an Outage and that require
immediate action.Work to address an Emergency Maintenance situation may degrade the quality
of or cause Outages in the Service(s). AUREON or CITY may undertake Emergency Maintenance
at any time deemed necessary but shall make commercially reasonable efforts to perform such
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maintenance within the hours identified for Preventative Maintenance if possible. AUREON or
CITY shall provide notice of Emergency Maintenance to the other Party as soon as is commercially
practicable under the circumstances, but when reasonably possible, provide notice twenty-four
(24) hours in advance. Whenever prior notice is given, AUREON or CITY agrees to acknowledge
notice of the emergency event in a reasonable period of time and in all events, AUREON or CITY
will take necessary steps to notify key personnel internally in order for AUREON or CITY to correct
or repair the affected area.
SECTION 12. FORCE MAJEURE. Neither Party shall be liable for any delay in performance or inability
to perform caused by a Force Majeure Event. As used herein, "Force Majeure Event" shall mean any act
or omission of any governmental authority, 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 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 AUREON as follows:
(1) CITY is an lowa municipal corporation duly organized,validly existing and in good standing
under the laws of the State of lowa, 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 AUREON, constitutes a valid, legal and binding
agreement, enforceable by AUREON 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,AUREON hereby covenants, represents and warrants to CITY as follows:
(1) AUREON is a corporation organized, validly existing and in good standing under the laws
of the State of lowa 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.
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(2) This Agreement has been duly authorized, executed and delivered by AUREON and,
assuming due authorization, execution and delivery by CITY constitutes a valid, legal and binding
agreement, enforceable against AUREON 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 AUREON, except such as have already been obtained.
SECTION 14. MISCELLANEOUS.
14.1 The paragraph headings used herein are for convenience only and shall not be construed in
interpreting this Agreement.
14.2 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.
14.3 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.
14.4 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.
14.5 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.
14.6 This Agreement and performance thereunder shall be governed by the laws of the State of lowa.
Venue for any action arising out of this Agreement shall be in the lowa District Court for Dubuque County,
lowa.
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Signed and in effect by the Parties on the date last written below:
CITY: AUREON NETWORK SERVICES:
Dubuque, Iowa
BY:
NAME:
TITLE:
DATE:
Mayor
November 1g, 2018
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BY:
NAME: Peter ;' Kenne
TITLE: Director of Network Operations
DATE: November 7, 2018
Exhibit A
Co-Location Rules and Policies-AUREON
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Exhibit B
Co-Location Rules and Policies-CITY
AUREON is responsible for following and ensuring its agents and representatives follow these Co-location
Rules and Policies concerning 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 AUREON or any AUREON representative
violates the rules and policies set forth below.
Access to CITY POP
Only those individuals identified in writing by AUREON on the Co-Location Agreement may access CITY'S
POP. AUREON shall deliver prior written notice to CITY of any changes to the list of authorized
representatives. AUREON and its authorized representatives shall not allow any other persons to have
access to or enter the CITY POP. AUREON and its authorized representatives may only access that portion
of CITY'S POP made available by CITY to AUREON for the placement of AUREON equipment and use of the
Co-location Services (the "Aureon Space"). AUREON 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 AUREON services. In
addition,
• AUREON agrees to observe and follow all current rules, policies and procedures for each
CITY site where AUREON obtains services.
• Security Access.AUREON shall comply with the security access procedures for the specific
CITY Facility.
• CITY Access. CITY reserves the right to open, inspect, disconnect and recover AUREON
equipment that is overheating, smoking, etc.
• Equipment. AUREON equipment must be UL-certified.
Conduct at CITY POP
AUREON and its authorized representatives agree to adhere to and abide by all security and safety
measures in effect at a particular CITY facility. AUREON is responsible for keeping its Aureon Space clear
and free of debris and refuse at all times. AUREON and its authorized representatives shall not:
• Breach or attempt to breach,the security at a CITY Facility;
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• 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 electro-magnetic devices which could reasonably interfere with
computer and telecommunications equipment; or photographic or recording equipment
of any kind (except data back-up equipment).
• Leave any debris or materials behind by cleaning up after any work at the site by removing
any trash, sweeping, or performing any other housekeeping activity as necessary so to
leave the site in a neat and orderly manner.
AUREON and its authorized representatives shall conduct all work activities covered under this Agreement
as to remain in compliance with State and Federal Occupational Safety and Health Administration
regulations. Furthermore AUREON acknowledges that locations covered by this Agreement are a multi-
employer work site and will cooperate with City staff as needed to maintain a safe worksite. This
acknowledgment includes but is not limited to following a lockout/tagout program for the control of
hazardous energy sources and providing manufacturer information requested by City related to
equipment installed by AUREON and its potential effect on human health.
Equipment and Connections
Each piece of AUREON equipment installed in a CITY Facility must be clearly labeled with AUREON'S name
(or code name provided in writing to CITY), and individual component identification. Each connection to
and from a piece of AUREON equipment shall be clearly labeled with AUREON'S name (or code name
provided in writing to CITY), and the starting and ending point of the connection. AUREON is responsible
for all AUREON equipment. AUREON equipment must be configured and run at all times in compliance
with the manufacturer's specifications, including power outlet, power consumption and clearance
requirements. AUROEN must use its best efforts to provide CITY with at least 24 hours prior notice any
time it intends to connect or disconnect any AUREON equipment or other equipment. AUREON shall not
place any hardware or other equipment in the CITY Facility that has not been identified in writing to CITY.
12
Online Content
AUREON acknowledges that CITY has no control whatsoever over the content of the information passing
through AUREON'S 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 AUREON
per Section 8, and any use of the CITY services after posting will be considered acceptance of the
amendment or modification.
13
Exhibit C
Natite of Insurar��e Ca�era e far Ci af Duhu ue
Aureon acknowledges that City is a member of the lowa Communities Assurance Pool (ICAP). City shall
maintain its membership in ICAP or at its option purchase general liability insurance with equivalent
coverage. City shall provide Aureon with a certificate showing City's ICAP coverage.
14
Exhibit D-1
INSURANCE SCHEDULE A
PROJECT STATEMENT: Sharing agreement#1 between Aureon and City of Dubuque
Pursuant to the Master Co-locations and Shared Services Agreement between City of Dubuque and
Aureon, dated November 7, Za18 and attached hereto,the Parties hereby agree to the
following PROJECT STATEMENT:
Narrative description of co-location and service sharing:
1. Aureon co-location of equipment and lease of space at City's facility located at 1503 West 3�d
Street and known generally as the "Nextel Building". The equipment shall consist of one rack of
equipment and interconnection to Wisconsin Independent Network and Jo Carroll Energy.
2. City will provide a secure access hut at 1503 West 3�d Street,generally known as the "Nextel
Building" for collocation of one (1)42RU unit including 3KVA power.
Term of Project: Ten (10)year term beginning December 1, 2018 and running through November 30,
2028, with two five (5)year extensions upon the mutual agreement of both parties.
Charges and payment terms: Aureon shall pay an annual fee of$9,600 to the City for facility co-
location at 1503 West 3`d Street, beginning on the execution date and each anniversary of that date
during the term of this agreement.
Project accepted:
By:
Michael Van Milligan, Dubuque City Manager Date
� �� + �
By: ' �i�: r� ,'y�--� �/ 7—��
Peter M. Kenne, Director of Network Operations, Aureon Date
15
Masterpiece on the Mississippi
March 19, 2019
Aureon Network Services
Attn: Angie Miller
7760 Office Plaza South
West Des Moines, IA 50266
Ms. Miller,
Dubuque
bfral
All -America City
�hY�il►
2007.2012
2013.2017
City Clerk's Office
City Hall
50 W. 13`h Street
Dubuque, IA 52001-4864
(563) 589-4100 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
www.cityofdubuque.org
Attached for our files is an executed copy of the Master Co -Location and Shared Services
Agreement between the City of Dubuque, Iowa and Iowa Network Services d/b/a Aureon
Network Services.
On behalf of the City of Dubuque, thank you for doing business with our community.
Sincerely,
evin S. Firnstahl, City Clerk
/ksf
Enclosure