Amendment No. 5 to ImOn Co-Location Agreement Copyrighted
J uly 20, 2020
City of Dubuque Consent Items # 24.
City Council Meeting
ITEM TITLE: Amendment No. 5 to ImOn Co-LocationAgreement
SUM MARY: City Manager recommending approval of the Fifth Amendment to an
existing MasterAgreement and Project Statement in place between the
City of Dubuque and I mOn Communications LLC.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
I mOn 5th Amendment to Co-Location Agreement-MVM City Manager Memo
Memo
ImOn Fifth Amendment memo to the City Manager Staff Memo
Amendment No. 5 to ImOn Co-Location Agreement Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Fifth Amendment to Master Co-Location and Shared Services
Agreement between the City of Dubuque and ImOn Communications LLC
DATE: July 15, 2020
Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and
Sustainable Innovation Consultant David Lyons recommend City Council approval of
the Fifth Amendment to an existing Master Agreement and Project Statement in place
between the City of Dubuque and ImOn Communications LLC.
This Fifth Amendment involves licensing one and two strand fiber routes with ImOn to
areas they have not yet built their own fiber assets to but will in the future. The license
is for a three-year period. City Team has determined that these strands will not be
needed during this period by the City. ImOn will pay a one-time license fee of$9,067.
While the City routinely enters into conduit licensing agreements, it enters into fiber
licensing agreements less frequently, only for terms not to exceed three years and
where the carrier has expressed an intention to provide their own fiber in the future.
There is no negative budgetary impact to the approval of the proposed Fifth
Amendment. The City will receive $9,067 for the use of the fibers not presently utilized.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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
David Lyons, Sustainable Innovation Consultant
2
Dubuque
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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 Fifth Amendment to Master Co-location and Shared Services
Agreement between the City of Dubuque and ImOn Communications LLC
DATE: July 15, 2020
INTRODUCTION
The purpose of this memo is to request approval of a Fifth Amendment to an existing
Master Agreement and Project Statement in place between the City of Dubuque and
ImOn Communications LLC.
BACKGROUND
In 2016 the City of Dubuque undertook its Broadband Acceleration Initiative. The
Initiative focuses on public/private collaborations and includes a comprehensive
strategy to reduce the cost and time required for broadband expansions in Dubuque.
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
In 2017 the City of Dubuque and ImOn entered into a Master Co-location and Shared
Services Agreement to accelerate the deployment of new broadband capacity in
Dubuque. The initial Project Statement and subsequent amendments under that
collaboration have gone well and all anticipated value to the City is being received.
DISCUSSION
This Fifth Amendment involves licensing one and two strand fiber routes with ImOn to
areas they have not yet built their own fiber assets to but will in the future. The license is
for a three-year period. City Team has determined that these strands will not be
needed during this period by the City. ImOn will pay a one-time license fee of$9,067.
While the City routinely enters into conduit licensing agreements, it enters into fiber
licensing agreements less frequently, only for terms not to exceed 3 years and where
the carrier has expressed an intention to provide their own fiber in the future.
BUDGET IMPACT
There is no negative budgetary impact to the approval of the proposed Fifth
Amendment. The City will receive $9,067 for the use of the fibers not presently utilized.
ACTION STEP
This Fifth Amendment supports Dubuque's Broadband Acceleration Initiative and
reduces the cost to City of providing a state-of-the-art fiber optic infrastructure. We
would respectfully request your approval and recommendation to City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Steve Brown, Project Engineer
Anita Gonyier, Engineering
Internee , Ca e TV . Phon
Ind CommunikMbns, ULC
101 3°4 Avenue SW'. Suits 400,
Cedar Rapids, IA 52404
31.9498-6484
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October 15, 2020
Mr. Kevin S. Firnstahl, City Clerk
The City of Dubuque
50 W. 13th Street
Dubuque, IA 52001
Re: Signature Request for Amendments Nos. 5 & 6, and License Agreement
Dear Mr. Firnstahl,
Enclosed, please find three signed documents between ImOn Communications and the City of
Dubuque, Iowa from July 20, 2020, and September 21, 2020:
1. Amendment No 5 to Master Co -Location and Shared Services Agreement (7/20/20)
2. Amendment No6to MasterCo-Locationand Shared Services Agreement (7/20/22)
3. License Agreement (332 W. 8th Street, Dubuque) (09/20/20)
Please contact me if you have any questions
Sincerely,
Patrice M. Carroll
President & CEO
ImOn Communications, LLC
patricec@imon.net
o. 319-261-4601
m. 319-533=1635
Enclosures: (3)
Amendment No. 5 to Master Co -Location and Shared Services Agreement between
ImOn Communications LLC and City of Dubuque
Pursuant to the Master Co -Location and Shared Services Agreement between City of Dubuque (the "City")
and ImOn Communications, LLC ("ImOn"), dated July 20 , 2020 and attached hereto, the Parties hereby
agree to the following PROJECT STATEMENT:
Narrative description of co -location and service sharing:
- City will allow InnOn access to and use of certain presently unused fiber, for purposes of providing
broadband communication services and support to the community of Dubuque.
- City shall have the right of prior review and approval of any repairs, restoration, relocations,
improvements, enhancements and maintenance of the fiber proposed by ImOn.
- Each party will notify the other if it detects any problems that may interrupt service. ImOn contact is
Justin Stinson, 319-200-4942; Justin.stinson@ImOn.net. City contact is Dave Ness, 563-589-1722;
dness@cityofdubuque.org.
- City shall provide ImOn permission to use the below designated fiber, at a one-time cost of $1.08
cents per fiber optic cable strand pair per linear foot or $0.54 per individual fiber. Access shall only be by
approved splice.
- A City authorized contractor shall perform all maintenance on the Fiber, including any Fiber repairs,
Fiber restoration, and Fiber relocation that becomes necessary during the term of this Agreement.
- If ImOn or a contractor operating under the direction of ImOn performs any splicing, accesses splice
cases, or performs any other procedure that could accidentally disrupt the passage of light in the Fibers or
otherwise directly impacts the City's Fibers, the activity must be pre -planned and approved by City in
advance.
Scope of shared services to be provided by City to ImOn:
1. Access to 3,974 linear feet of 1 fiber, serving 1685 Central Ave.
2. Access to 1,972 linear feet of 1 fiber, serving 1402 White St.
3. Access to 5,422 linear feet of 1 pair of fiber, serving 1789 Elm St.
Scope of shared services to be provided by City to ImOn:
ImOn shall provide a one-time license fee of $1.08 cents per fiber optic cable strand pair per linear foot or $0.54 per
individual fiber, calculated at $9,067, which fee shall be applied to the accrued construction and services account
with the City.
Charges and Payment Terms:
The total costs to City in implementing services to ImOn and fulfilling its responsibilities under this Project
Statement is $9,067.
The total costs to ImOn in implementing services to City and fulfilling its responsibilities under this Project
Statement is $9067.
There are no additional charges or payment terms required for the implementation of this Project Statement.
Term of Project:
Estimated Start Date: On -going
Term: 3 years from date of execution of this Project Statement.
All other terms and conditions of the Master Co -Location and Shared Services Agreement are incorporated
and shall apply, unless in conflict with the terms and conditions of this Amendment No. 5. If the terms of the
Master Co -Location Agreement and this Amendment No. 5 are in conflict, the terms of this Amendment No. 5
shall control.
Project Statement accepted:
Dated: July 20, 2020
Dated .44// �J 07e,
CITY OF DUBUUE, IOWA ImOn CO MUNICATIONS, LLC
Mi4,4alall V-a•pi-M idd.ibras-Da4.b q.0 -Gi# dd 4aager Patrice Carroll, President and CEO
Roy D. Buol, Dubuque Mayor
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