Proposed Master Services Agreement between the City of Dubuque and ImOn Communications Copyrig hted
December 7, 2020
City of Dubuque Action Items # 2.
City Council Meeting
ITEM TITLE: Proposed Master Services Agreement between the City of Dubuque
and ImOn Communications to Provide Free Public Wi-Fi Services
SUM MARY: City Manager recommending approval of a Master Services Agreement
between the City of Dubuque and I mOn Communications to provide free
Wi-Fi internet services covering the Bee Branch Linear Park and
adjacent areas.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Master Services Agreement with I mOn City Manager Memo
Communications-MVM Memo
Master Services Agreement with I mOn Staff Memo
Communications-Staff Memo
Proposed Master Services Agreement between the City
of Dubuque and ImOn Communications to provide free Supporting Documentation
public W i Fi services memo to the City Manager
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Master Services Agreement between the City of Dubuque and
ImOn Communications to Provide Free Public Wi-Fi Services
DATE: December 3, 2020
Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness, Project
Engineer Steve Sampson-Brown and Sustainable Innovation Consultant Dave Lyons
recommend City Council approval of a Master Services Agreement between the City of
Dubuque and ImOn Communications to provide free Wi-Fi internet services covering
the Bee Branch Linear Park and adjacent areas.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
David Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
Steve Sampson-Brown, Project Engineer
David Lyons, Sustainable Innovation Consultant
Dubuque
THE CITY OF �
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Masterpiece on the Mississippi zoi�*Zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
Steve Sampson-Brown, Project Engineer
David Lyons, Sustainable Innovation Consultant
SUBJECT: Proposed Master Services Agreement between the City of Dubuque and
ImOn Communications to provide free public Wi-Fi services
DATE: November 30, 2020
INTRODUCTION
The purpose of this memo is to request approval of a Master Services Agreement
between the City of Dubuque and ImOn Communications to provide free Wi-Fi internet
services covering the Bee Branch Linear Park and adjacent areas.
BACKGROUND
In 2016 the City of Dubuque undertook its Broadband Acceleration Initiative. Taking
advantage of under-utilized assets and leveraging public/private collaborations, the
effort has seen a significant increase in quality, access, and choice in broadband
internet in the community.
However, even with these improvements it was clear to the City team that there were
populations within the City for who a continued lack of broadband services was creating
an economic and social challenge. In an effort to determine the most effective means to
integrate "broadband equity" into the overall Broadband Acceleration Initiative already
underway in the community, the following steps were taken:
- The City team began analyzing various locations within Dubuque as a possible
location for a broadband acceleration equity pilot. That pilot could include, but would not
necessarily be limited to, low/moderate income household access, tele-work/tele-center
support, community Wi-Fi, small business/entrepreneurial assistance/incentives, and
other broadband service aspects that could be particularly assistive to low-moderate
income households.
- The City team began overlaying economic, infrastructural, and demographic
analysis to locations in the City capable of supporting such a pilot.
- Based on its analysis, the City team began analyzing possible public/private
collaborations and quickly focused on the potential for creating a large scale pilot by
combining two opportunities: the new infrastructure represented by the Bee Branch
Watershed Flood Mitigation Project and the new relationship with ImON
Communications and its community investment program.
DISCUSSION
Reliable, quality internet access has become, in essence, the "fourth utility "and an
increasingly important one if a person is to have the full opportunity to participate in our
economy and society. However, not everyone has access to this technology. There is
a growing gap between access and utilization based on income, race, and rural
residence. Sections of society with access are adopting new technologies and
opportunities at a much faster pace than those without, exacerbating the impact of what
is known as the "digital divide".
Digital Equity efforts are intentional actions designed to close that divide and increase
access and inclusion so that every citizen has what is necessary for civic and cultural
participation, employment, lifelong learning, and access to essential services. While
Dubuque has done a solid job of increasing overall access across the community, data
continues to show that Dubuque's lower income census tracts have significantly lower
access and participation (as high as 30% of households are without reliable internet
access).
The City team has been developing a multi-prong approach to increasing digital equity,
with the first step being easily accessible, free Wi-Fi throughout Dubuque with an early
focus on low-moderate income neighborhoods. As noted above, the effort lead to
discussions between the City, which has significant new physical infrastructure in the
Bee Branch, and ImOn Communications which has a community investment and
service program that could use that infrastructure to provide free community WiFi. The
City would provide access to its conduit, fiber, power, and poles within the Bee Branch.
ImOn would provide and install wireless access equipment and provide the bandwidth
and customer service for the system. These roles and responsibilities are memorialized
in the attached Master Services Agreement.
While this first pilot is limited (covering the Bee Branch Linear Park and adjacent areas
for two years) it is our opinion that it will provide significant information for further digital
equity efforts as well as immediate support for those neighborhoods most impacted by
the "digital divide" here in Dubuque.
BUDGET IMPACT
Approval of this Master Services Agreement should have a no budgetary impact to the
City. The City will be contributing existing infrastructure assets while ImOn
Communications will be providing funding for the needed equipment, bandwidth, and
customer services.
RECOMMENDATION AND ACTION REQUESTED
This Master Services Agreement supports Dubuque's Broadband Acceleration Initiative
and extends services to the community, and particularly to low and moderate income
census tracts in the City. We would respectfully request your approval and
recommendation to City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
112420bal
SECTION 3. PRICING. ImOn agrees to provide the Services within the Territory at no charge
to the City.
SECTION 4. INDEPENDENT CONTRACTORS. The relationship created by this
Agreement shall be that of independent contractor and not of employer and employee or partners.
As independent contractors, the Parties shall not have, or hold themselves out as having, the power
or authority to bind or create liability for the other by their intentional or negligent acts.
SECTION 5. OWNERSHIP OF THE SYSTEM. This Agreement does not grant the City any
right, title or interest in or to the System or ImOn’s underlying network, equipment or connecting
facilities. The City shall not have any right under this Agreement to possess, control, hold title to,
change, replace, upgrade, modify, sell or encumber the System or any other part of ImOn’s
network.
SECTION 6. CONFIDENTIALITY.
notice to the other Party in the event of any fraudulent activity by the other Party.
d. Either Party shall have the right to terminate this Agreement immediately upon written
such termination.
notice, the non-breaching party may immediately terminate this Agreement without liability for
written notice of such breach. If the breach is not cured within thirty (30) days of receipt of the
If either Party breaches any provision of this Agreement, the other Party may givec.
prior written notice to the other Party.
Either Party may terminate this Agreement for convenience upon sixty (60) daysb.
periods on the same terms and conditions.
Term or a Successive Term, the Agreement will automatically renew for successive one-year
provides written notice to terminate the Agreement at least 60 days prior to the end of the Initial
a. The Initial Term of this Agreement shall be two (2) years. Unless ImOn or the City
SECTION 2. TERM AND TERMINATION.
incorporated by reference.
mutually agreed to by the Parties (the “Territory”) as described in Exhibit 1 attached to and
services to the general public (the “Services”) in and around an area of downtown Dubuque, Iowa,
maintain and operate a Wireless Fidelity (“Wi-Fi”) system (the “System”) providing free Wi-Fi
SECTION 1. SCOPE. This Agreement sets forth the terms under which ImOn will establish,
a “Party.”
(the “City”). ImOn and the City may be referred to collectively as the “Parties,” or individually as
offices at 101 3rd Ave. Suite 400, Cedar Rapids, Iowa 52404 (“ImOn”) and the City of Dubuque
2020, by and between ImOn Communications, LLC, an Iowa limited liability company with
This Master Services Agreement (“Agreement”) is made this 7th day of December,
MASTER SERVICES AGREEMENT
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a. Both Parties acknowledge that each may receive Confidential or Proprietary
Information of the other Party. “Confidential or Proprietary Information” is defined as (i) all trade
secrets, materials, data and documents, in whatever form, relating to either Party which is not
generally available to the public designated as “confidential” or “proprietary” and which has been
made available to the other and (ii) any information or materials specifically marked as
“confidential” or “proprietary” by either Party. The obligations concerning Confidential or
Proprietary Information shall apply to verbal information as well as specific portions of the
information that are disclosed in writing or other tangible form and marked to indicate the
confidential nature thereof. Notwithstanding the foregoing, “Confidential or Proprietary
Information” does not include any information which: (iii) was known to the receiving party prior
to receipt under this Agreement, as demonstrated by the receiving party’s records; or (iv) was
publicly known or available prior to receipt under this Agreement, or later becomes publicly
known or available through no fault of the receiving party; or (v) has been or is disclosed, without
restrictions on disclosure, to the receiving party by a third party having the legal right to disclose
the same or to a third party by the disclosing party; or (vi) is independently developed by an
employee, consultant, or agent of the receiving party without access to the information as received
under this Agreement; or (vii) the receiving party is obligated to produce as a result of a court or
administrative order or the opinion of the receiving party’s legal counsel, provided that the
disclosing party has been given not less than ten (10) days written notice thereof and an opportunity
to waive its rights or to seek a protective order or other appropriate remedy , and if the disclosing
party does not waive its rights or seek a protective order or other appropriate remedy within ten
(10) days after receipt of such notice, the receiving party may make the required disclosure without
liability of any kind to the disclosing party.
b. Covenants of Confidentiality and Nondisclosure. Confidential or Proprietary
Information shall at all times remain the property of the disclosing party. Upon written request of
a disclosing party, the receiving party shall return all information disclosed in written or tangible
form, and the receiving party shall destroy all of its copies, excerpts or notes made by it which
contain any portions of the information unless otherwise provided for by the Parties. All rights and
responsibilities under this Section 6 shall survive indefinitely after termination of this Agreement.
The Parties agree to use their commercially reasonable efforts to maintain the confidentiality of
such material, but in no event lesser than is used by the receiving party with its own Confidential
or Proprietary Information. Except as required by this Agreement or to perform this Agreement,
both Parties will not (i) make any use of such material that is Confidential or Proprietary
Information, or (ii) disclose such information to any third party without prior written authorization
from the disclosing party.
Each Party shall (i) limit dissemination of Confidential or Proprietary Information received
by it to those employees, agents and consultants whose duties reasonably justify the need for
access to such information and who are subject to obligations of secrecy, and (ii) take appropriate
measures to assure that its employees, agents and consultants who receive or have access to such
information, as contemplated above, observe and comply with all of the terms and provisions of,
and each such party’s obligations under, this Agreement. No other right or license to use the
information is granted under this Agreement, except as required by this Agreement or to perform
this Agreement.
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c. The City agrees that ImOn’s methodology, services and networks are the sole and
exclusive property of ImOn and shall treat such information as Confidential and Proprietary
Information.
SECTION 7. INTELLECTUAL PROPERTY/APPROVAL OF ADVERTISING. The
City agrees that ImOn is the exclusive owner of all trademarks and trade names relating to ImOn.
ImOn agrees that the City is the exclusive owner of all trademarks and trade names relating to the
City. Either Party may use the other Party’s trademarks and trade names for the purpose of
advertising and promoting any such Services contemplated by this Agreement without any prior
approval from the other Party while this Agreement remains in effect, but neither Party shall
acquire any proprietary or other rights with respect to such trade names, trademarks or other
intellectual property of the other Party.
SECTION 8. DISCLAIMER OF WARRANTIES. IMON MAKES NO WARRANTIES
WITH RESPECT TO THE SYSTEM OR THE SERVICES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES CONCERNING THE PERFORMANCE OF THE SYSTEM
OR THE RELIABILITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. TO
THE EXTENT PERMITTED BY LAW, IMON EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR
SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IMON DOES NOT AUTHORIZE ANYONE TO
MAKE A WARRANTY ON ITS BEHALF, AND THE CITY MAY NOT RELY ON ANY
STATEMENT OF WARRANTY AS A WARRANTY FROM IMON.
SECTION 9. LIMITATION OF LIABILITY. As to any claim of whatever nature asserted
against ImOn or the City that relates to this Agreement or to any ImOn Services pursuant to this
Agreement, both Parties agree that in no event shall either party be liable to the other Party for any
indirect, special, incidental, consequential or punitive damages (including, without limitation, loss of
business, loss of profits, or other commercial or economic loss, or goodwill) arising in connection
with this Agreement for any reason whatsoever, including any damages occasioned by ImOn’s
negligence. In no case shall either Party be held liable for any claims or cause of action (whether
based in contract, negligence, strict liability, or other tort) which are the result of negligent acts or
willful misconduct of the other Party. In addition, ImOn shall not be liable for any delay or failure to
install or operate the System at any time or from time to time, or any interruption or degradation of
service quality that is caused by any reason, including without limitation:
• an act or omission of an underlying carrier, service or content provider, vendor or
other third party;
• equipment, network or facility failure;
• equipment, network or facility upgrade or modification;
• force majeure events such as acts of God, acts of nature, strikes, fire, war, riot, acts of
terrorism and government actions;
• equipment, network or facility shortage;
• equipment or facility relocation;
• service, equipment, network or facility failure caused by the loss of power;
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• any act or omission by the City or any person using the Services or System;
• theft, fraud or abuse of Service; or
• any other cause that is beyond ImOn’s control, including without limitation, a failure
of or defect in any hardware, software or equipment.
SECTION 10. SYSTEM PERFORMANCE. All Services provided via the System are
provided on a “commercially reasonable” basis. Actual service or network performance may vary
based on a number of factors including, without limitation, (a) variances in System or network
usage, (b) the capabilities and capacities of user devices and/or local area network (LAN) devices,
(c) latency (i.e.; the time delay in transmitting or receiving packets as impacted in significant part
by the distance between points of transmission), (d) the performance of the content and application
providers users are accessing, such as a search engine or video streaming sites, and (e) performance
characteristics of transmissions over portions of the Internet beyond the ImOn network. ImOn
shall provide the City with the phone number(s) of the person(s) the City should contact in the
event of interruption of the Services or other problems with the System.
SECTION 11. RESPONSIBILITIES OF IMON. ImOn’s responsibilities under this
Agreement include the following:
a. Deploying, operating and maintaining the System;
b. Managing the speed, location and other features of service provided via the System;
and
c. Providing technical support to the City and to users utilizing the System.
SECTION 12. RESPONSIBILITIES OF THE CITY. The City’s responsibilities under this
Agreement include the following:
a. Assisting in securing suitable locations on City-owned buildings and street lights for
the attachment and installation of System equipment and facilities at no cost to ImOn;
b. Cooperating with ImOn to enforce ImOn’s terms and conditions of services and
acceptable use policy;
c. Promoting the co-branded City/ImOn free public Wi-Fi network in any communication
to City of Dubuque residents including, without limitation, City-distributed collateral, newsletters,
website, etc.;
d. Collaborating with ImOn Communications to support the marketing and
communications activities from ImOn informing local businesses in the Downtown Dubuque area
that ImOn is now providing the WiFi services and helping to communicate key sales features and
benefits of ImOn;
e. Pay for all production and labor installation costs for all public ICDD signage
promoting the Services.
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SECTION 13. NO THIRD PARTY BENEFICIARIES. This Agreement shall be binding
and inure solely to the benefit of the Parties, and nothing herein, express or implied, is intended to
or will confer upon any other person (including any user of the System) any legal or equitable
right, benefit or remedy of any nature whatsoever.
SECTION 14. NON-SOLICITATION/NON-HIRING. While this Agreement remains in
effect and for a period of one (1) year following termination for any reason, both Parties agree not
to (a) induce, solicit or attempt to persuade any employee of the other Party to terminate his or her
employment and/or (b) hire any employee of the other Party. Notwithstanding the foregoing,
either Party may hire an employee of the other Party who applies for employment in response to a
general advertisement for employment.
SECTION 15. ASSIGNMENT. ImOn may assign any of its rights under this Agreement or
delegate any of its duties or obligations under this Agreement to a local third party vendor without
the prior written consent of the City. ImOn will notify the City of the change prior to it occurring.
SECTION 16. NOTICES. All notices under this Agreement shall be in writing and shall be
given by personal delivery, or by registered or certified mail or overnight courier, return receipt
requested, to the following address and shall be deemed given upon receipt:
ImOn Communications City of Dubuque
Attn: V.P. of Corporate Development Attn:
101 3rd Ave., Suite 400 ____________________
Cedar Rapids, Iowa 52404 City of Dubuque
SECTION 17. MODIFICATION OF AGREEMENT. This Agreement, and any Schedules,
may only be amended, modified, or supplemented by a separate written document duly executed
by authorized representatives of both parties.
SECTION 18. PARTIAL INVALIDITY. If any provision of this Agreement shall be held to
be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not in
any way be affected or impaired thereby, but rather this Agreement shall be construed as if not
containing the invalid or unenforceable provision. However, if such provision is an essential
element of this Agreement, the Parties shall promptly attempt to negotiate a substitute therefor.
SECTION 19. GOVERNING LAW. The laws of the State of Iowa shall govern the
interpretation, enforcement, and validity of this Agreement, without reference to conflict of law
principles.
SECTION 20. SURVIVAL. Any obligations of the Parties relating to monies owed, as well
as any provisions of this Agreement relating to confidentiality, intellectual property, limitation of
liability, and non-solicitation shall survive any termination of this Agreement.
SECTION 21. ENTIRE AGREEMENT. This Agreement, together with any Schedules and
SOWs, represents the entire agreement of the Parties with respect to the subject matter hereof and
supersedes all other agreements, written or oral, between the Parties with respect to its subject
matter.
SECTION 22. COUNTERPARTS. This Agreement may be executed in counterparts, and
any digitized copy, PDF or facsimile, shall be deemed an original, and together shall constitute
one and the same instrument.
SECTION 23. INSURANCE; INDEMNIFICATION. Each Party shall defend, indemnify
and hold harmless the other Parry from and against any and all claims of any kind arising out of
the Party's negligence in the performance of this Agreement.
ImOn shall at all times while providing the Services maintain insurance as set forth in the attached
Insurance Schedule.
The assent of the Parties to this Agreement as of the date set forth at the beginning is established
by the following signatures of their duly authorized representatives.
CITY OF D UQUE
By: h
Print Name: Roy D. Buol
Title: Mayor
IMON COMMUNICATIONS
ram
Print Name: Bernard Dutchik
Title: V. P., Corporate Development
Date: December 7, 2020 Date:
C
EXHIBIT 1
COVERAGE TERRITORY
This map represents the general intention of Wi-fi coverage, outlined in red.
The actual coverage area may vary slightly based on conditions and usage
patterns_
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INSURANCE SCHEDULE
8
City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,
Subcontractors or Sub-Subcontractors
INSURANCE SCHEDULE F
Class A:
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construction
Culverts Mechanical Steel
Decking Paving&Surfacing Storm sewers
Demolition Piles&Caissons Structural Steel
Deconstruction Plumbing Trails
Earthwork Retaining Walls Tunneling
Electrical Reinforcement Water main
Elevators Roofing
Class B:
Chemical Spraying Landscaping Rough Carpentry
Doors,Window& Masonry Stump Grinding
Glazing Vehicular Snow Removal Tank Coating
Drywall Systems Painting&Wall Covering Tree Removal
Fertilizer Application Pest Control Tree Trimming
Geotech Boring Scaffolding Tuckpointing
Insulation Sidewalks Waterproofing
Finish Carpentry Plastering Well Drilling
Class C:
Carpet Cleaning General Cleaning Power Washing
Carpet&Resilient Grass Cutting Tile&Terrazzo Flooring
Flooring Janitorial Window Washing
Caulking&Sealants Non Vehicular Snow&
Acoustical Ceiling Ice Removal
Filter Cleaning Office Furnishings
Page 1 of 6 Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors September 2020
9
City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
1. ImOn Communications, LLC shall furnish a signed certificate of insurance to the department
responsible for the contract for the coverage required in Exhibit I prior to commencing work and at
the end of the project if the term of work is longer than 60 days. Contractors presenting annual
certificates shall present a certificate at the end of each project with the final billing. Each
certificate shall be prepared on the most current ACORD form approved by the lowa Department
of Insurance or an equivalent approved by the Director of Finance and Budget or Designee.The
certificate must clearly indicate the project number,project name,or project description for which
it is being provided Eg: Master Services Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each Certificate required shall be furnished to the Finance Department of the City of Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a
waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this contract.
5. Contractor shall require all subcontractors and sub-subcontractors to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurance from all such subcontractors and sub-subcontractors.
Contractor agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to
obtain and maintain such coverage.The City may request a copy of such certificates from the
Contractor.
6. All required endorsements to various policies shall be attached to the certificate of insurance.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit,or greater if required by law or
other legal agreement, in Exhibit I-Insurance Schedule F. If the contractor's limits of liability are
higher than the required minimum limit,then the contractor's limits shall be this agreemenYs
required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number,and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the contract,subject to
mutual agreement of the parties.
Page 2 of 6 Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors September 2020
1�
City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made,form.The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01 or business owners form BP 00 02 shall be clearly
identified.
2) Include ISO endorsement form CG 25 04"Designated Location(s)General
Aggregate LimiY'or CG 25 03"Designated Construction Project(s)General
Aggregate LimiY'as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards,commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations).
6) The additional insured endorsement shall include completed operations under
ISO form CG 20 37 during the project term and for a period of two years after the
completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS'COMPENSATION&EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1 A,the Contractor is not required to purchase Workers'
Compensation Insurance,the Contractor shall have a copy of the State's Nonelection of
Workers'Compensation or Employers'Liability Coverage form on file with the lowa
Page 3 of 6 Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors September 2020
11
City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
Workers'Compensation Insurance Commissioner, as required by lowa Code Section
87.22. Completed form must be attached.
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned,and hired vehicles. If the Contractor's
business does not own any vehicles, coverage is required on non-owned and hired
vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLAlEXCESS LIABILITY
The General Liability,Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
All Class A contractors with contract values in excess of$10,000,000 must have
umbrella/excess liability coverage of$10,000,000.
All Class A and Class B contractors with contract values between$500,000 and
$10,000,000 must have umbrella/excess liability coverage of$3,000,000.
All Class A and B contractors with contract values less than$500,000 must have
umbrella/excess liability coverage of$1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of$3,000,000 umbrella
regardless of the contract value.
E) POLLUTION LIABILITY
Coverage required: _Yes X No
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to,the removal of lead,
asbestos, or PCB's. Pollution product and complete operations coverage shall also be
covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
Page 4 of 6 Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors September 2020
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City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards,commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations)or its equivalent and CG 20 37(completed operations)
or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _Yes X No
Any contract for construction or demolition work on or within fifty feet(50')from the edge
of the tracks of a railroad and affecting any railroad bridge,trestle,tracks, roadbeds,
tunnel,underpass,or crossing,for which an easement, license or indemnification of the
railroad is required,shall require evidence of the following additional coverages.
Railroad Protective Liability:
$ each occurrence(per limits required by Railroad)
$ policy aggregate(per limits required by Railroad)
OR
An endorsement to the Commercial General Liability policy equal to ISO CG 2417
(Contractual Liability-Railroads). A copy of this endorsement shall be attached to the
certificate of insurance.
Page 5 of 6 Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors September 2020
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City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv.The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe.The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it
now exists and as it may be amended from time to time.Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv.The City of Dubuque, lowa shall be responsible for asserting
any defense of governmental immunity,and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non-Denial of Coveraae.The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s)of governmental immunity asserted by the City of Dubuque, lowa.
No Other Chanae in Policv.The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 6 of 6 Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors September 2020
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Broadband Equity Initiative
Background on Council vision/directives and
why broadband is critical
•Council Goals
•Imagine Dubuque
•Equity and Poverty Prevention
Dubuque Broadband Acceleration
Initiative 2016 -2020
INITIAL STATUS: UNCOMPETITIVE TO OUR NEW COMPETITION AND
FALLING FURTHER BEHIND. TOO BIG AND TOO SMALL FOR EXISTING
STRATEGIES.
NEW STRATEGIES: ACCELERATE BROADBAND VIA PUBLIC/PRIVATE
COLLABORATIONS BY REDUCING COSTS AND TIME FOR INVESTMENT IN
DUBUQUE, WHILE PRESERVING/CONSERVING PUBLIC RIGHT -OF -WAY
ACTIONS: PROCESS STREAMLINING, REVISIONS OF REGULATIONS,
ESTABLISHING “MASTER” AGREEMENTS AND TEMPLATES, ASSET MAPPING,
CARRIER MEETINGS.
INNOVATIONS: INFRASTRUCTURE SHARING, CAPACITY COLLABORATIONS,
“LIVING LAB” TECHNOLOGIES AND AGREEMENTS.
DELIVERABLE: MOVED BROADBAND FROM A COMMUNITY NEGATIVE TO A
COMMUNITY POSITIVE. INCREASED ACCESS, COMPETITORS, CAPACITY
AND REDUNDANCY.
Great Progress being made
•In 2016 the City had two legacy carriers with aging infrastructure and one
primarily wireless ISP. Today is has 10 carriers actively investing in
broadband fiber in the community.
•The City first began placing conduit in the public right-of-way in 2001. From
2016 to 2019 it doubled the amount of fiber conduit available for
collaboration. In 2020, it will double that again.
•The public and private partners have mutually developed a network providing
broadband competition and redundancy to all industrial and commercial
areas, as well as a plan to complete universal fiber-to-the-home within a five-
year period.
•The City government’s budget for broadband infrastructure now leverages
over $10 of private sector investment for each $1 of City investment.
But We Must Continue to Address Digital Equity
•Private sector investment, by itself, does not create universal access
•City collaborations are having an impact but not to the extent or at the pace
needed.
•City workgroup has been developing a digital equity initiative designed to
leverage our new broadband assets and relationships.
•It is generally composed of three phases: Public WiFi; Point-to-Point
Wireless; FTTH (Fiber-To-The-Home)
•Bee Branch Watershed Flood Mitigation Project created new
infrastructure.
•ImOn Communications is a new broadband partner in Dubuque
•While the joint vision is for complete FTTH in Dubuque, Covid 19 has
increased the immediacy of need.
•Yet this year we can activate the entire linear park and adjacent areas
for free Public Wifi.
•ImOn uses City infrastructure to enable system but covers
equipment, bandwidth and service costs as a contribution to
Dubuque’s broadband equity efforts.
PHASE I PILOT: PUBLIC WIFI
Bee Branch infrastructure
PHASE II PILOT: POINT TO POINT
WIRELESS
In addition to existing infrastructure, we are turning to planned
infrastructure such as the Comisky Park renovation.
Using relatively inexpensive equipment we can then “hub and spoke” a
secure broadband signal to residences or businesses (wireless
broadband)
IF COUNCIL AGREES:
•Consider/Approve Bee Branch Agreement December 7th
•Installation of Bee Branch WiFi mid-December
•Phase II Pilot would be presented closer to the actual build-
out of Comisky.
•Phase III Pilot would be planned for late 2021