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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 THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 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 THE CITY OF � �IFMmerip Ci�r DUB E '�I , �I.' �� 2007•2012�2013 Masterpiece on the Mississippi zoi�*Zoi9 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 -w.imOii.:;�M 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 7