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Proposed amendments to Master Co-location and Shared Services with Unite Private Network Copyrighted December 21, 2020 City of Dubuque Consent Items # 22. City Council Meeting ITEM TITLE: Proposed amendments to Master Co-location and Shared Services Agreement between the City of Dubuque and Unite Private Network SUM MARY: City Manager recommending approval of an amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and Unite Private Network. SUGGESTED Suggested Disposition: Receive and File;Approve DISPOSITION: ATTACHMENTS: Description Type Proposed Amendments to Master Co-Location and City Manager Memo Shared Services Agreement with UPN-MVM Memo Proposed Amendments to Master Co-location and Shared Services Agreement Between the City of Staff Memo Dubuque and Unite Private Nefinrork Memo to the City Manager UPN Port project statement revised 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 Amendments to Master Co-Location and Shared Services Agreement Between the City of Dubuque and Unite Private Network DATE: December 16, 2020 Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and Sustainable Innovation Consultant Dave Lyons recommend City Council approval of an amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and Unite Private Network. Unite Private Network would like to undertake an additional project that would provide broadband capacity and support for enhanced telephony services to the Port of Dubuque. The project would involve the construction and sharing of certain conduit assets. The market value for these collaborations to both City and Unite Private Network would be $54,260. There is no negative budgetary impact to the approval of the proposed additional projects. Approving these proposed amendments will reimburse City costs for sharing, maintaining, and expanding its broadband capacity for City, industry and citizen needs by $41,075. I concur with the recommendation and respectfully request Mayor and City Council approval. Y Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Chris Kohlmann, Information Services Manager Dave Ness, Civil Engineer II David Lyons, Sustainable Innovation Consultant 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 Amendments to Master Co-location and Shared Services Agreement Between the City of Dubuque and Unite Private Network DATE: December 10, 2020 INTRODUCTION The purpose of this memo is to request approval of an amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and Unite Private Network (UPN) 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 UPN entered into a Master Co-location and Shared Services Agreement to accelerate the deployment of new broadband capacity in Dubuque. The initial Project Statements under that collaboration have gone well and all anticipated value to the City is being received. DISCUSSION UPN would like to undertake an additional project that would provide broadband capacity and support for enhanced telephony services to the Port of Dubuque. The project would involve the construction and sharing of certain conduit assets. The market value for these collaborations to both City and UPN would be $54,260. BUDGET IMPACT There is no negative budgetary impact to the approval of the proposed additional projects. Approving these proposed amendments will reimburse City costs for sharing, maintaining, and expanding its broadband capacity for City, industry and citizen needs by $41,075. RECOMMENDATION AND ACTION REQUESTED This amendment to the existing Master Co-location and Shared Services Agreement with Unite Private Network supports Dubuque's Broadband Acceleration Initiative and reimburses the cost to City of providing a state-of-the-art fiber optic infrastructure that can be shared. We would respectfully request your approval and recommendation to City Council. c.c. Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Kerry Bradley, Engineering Steve Brown, Project Engineer Amendment to Master Co-location and Shared Services Agreement between Unite Private Network and City of Dubuque Pursuant to the Master Co-locations and Shared Services Agreement between City of Dubuque (City) and Unite Private Network(UPN) effectively dated November 16, 2017 and attached hereto,the Parties hereby agree to the following PROJECT STATEMENT: Narrative description of co-location and service sharing: - City will allow UPN access to and use of certain presently unused conduit,further defined in Exhibit A attached hereto,for purposes of providing broadband communication services and support to the community of Dubuque. - UPN is responsible for obtaining all permits required from Federal,State or Local government including but not limited to Department of Transportation, Corps of Engineers, Dept. of Natural Resources and Railroads,for work on the conduit. - City shall have the right of prior review and approval of any repairs, restoration, relocations, improvements, enhancements and maintenance of the conduit and fiber contained therein proposed by UPN. - Any additional conduit and fiber capacity available or added, other than that which is specifically designated for UPN shall be considered City assets and its future use controlled by the City. - During the term of this Project Statement UPN will have the responsibility to manage and maintain the conduit and fiber therein, including but not limited to the following: ♦ UPN shall provide physical assets and management services to City of Dubuque for its needs as it relates to this conduit and as further defined in Exhibit A attached hereto. ♦ If UPN incurs costs associated with future fiber repairs, fiber restoration or fiber relocation City will reimburse UPN for a percent of such costs on a pro-rata basis based on the proportionate utilization of the conduit by City ♦ Each party will notify the other if it detects any problems that may interrupt service. UPN contact is 866-963-4237. City contact is Dave Ness, City Engineering, dness@cityofdubuque.or� (563) 589-1722. Co-location or service site:The co-location and/or service site for this PROJECT STATEMENT is generally described as below and as further shown in Exhibit A: - Shared service activity, repair, restoration, relocations, improvements and enhancements of such facilities starting at Intersection of Locust Street and the Locust Connector to Hwy 151 North to the end of Veterans Drive. Scope of shared service to be provided by City to UPN: - Access to and non-exclusive use of approximately 6025 linear feet of cable, conduit, manholes, handholds, markers, easements, and right-of-way starting at the Intersection of Locust Street and the Locust Connector to Hwy 151 North to the end of Veterans Drive. Scope of shared service to be provided by UPN to CITY: - UPN will line 550 feet of Veterans Drive with multi-duct as required by City. Charges and Payment Terms: As estimated the total costs to City in implementing services to UPN is $41,075: - Duct license: The Intersection of Locust Street and the Locust Connector to Hwy 151 North to the point on Veterans Drive presently containing multi-duct. (5475 If X$7 = $38,325) - Duct license: From the point of Veterans Drive containing multi-duct to the end of Veterans Drive ( 550 If X$5 = $2750) As estimated the total costs to UPN in implementing services to Dubuque and fulfilling its responsibilities under this Project Statement is$41,075: - Reimbursement of City costs of$41,075 The market value provided to City of Dubuque by UPN for this Project Statement is$ 41,075 The market value provided to UPN by the City of Dubuque for this Project Statement is$41,075 There are no additional charges or payment terms required for the implementation of this Project Statement. Term of Project: Estimated Start Date: January 1, 2021. 20 years from the estimated start date with 5-year extensions at the mutual agreement of the parties. Project Statement accepted: Dated: Dated: CITY OF DUBUQUE, IOWA Unite Private Network By: Michael Van Milligen, Dubuque City Manager *Listed subcontractors must have on file a Certificate of Insurance meeting the City of Dubuque's current insurance requirements. Preconstruction meetings may be required depending upon project scope. Permits will be issued to the contractor for the work in public right of way at the start of any project statement work. As-builts must be supplied to the City in a format acceptable to the City for inclusion in the City's GIS program. EXHIBIT A , � �� •�� - - �3 �� �r �. -! � � h ', � ~� i Y� �� :1�� * I *��'+ k ��+ �' �. l +, f� �,' �� � ��; W� I �� "� �� � .r �� . + . 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