Master Co-Location and Shared Services Agreement with Dubuque CountyCity of Dubuque
City Council Meeting
Consent Items # 28.
Copyrighted
May 17, 2021
ITEM TITLE: Master Co -Location and Shared Services Agreement Between the City
of Dubuque and Dubuque County
SUMMARY: City Manager recommending approval of a Master Co -Location and
Shared Services Agreement between the City of Dubuque and Dubuque
County for Fiber Optic Cable and Conduit in the Greater Dubuque
Region.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Dubuque County Master Co -Location and Shared City Manager Memo
Services Agreement-MVM Memo
Master Co -Location and Shared Services Agreement
Between the City of Dubuque and Dubuque County Staff Memo
Memo to the Manager
Master Co -Location and Shared Services Agreement Supporting Documentation
Between the City of Dubuque and Dubuque County
Memo from Nathan Gilmore Dubuque County IT Supporting Documentation
Manager to Dubuque County Supervisors
THE C
Dubuque
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iece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Master Co -Location and Shared Services Agreement Between the City of
Dubuque and Dubuque County
DATE: May 13, 2021
Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and
Sustainable Innovation Consultant Dave Lyons recommend City Council approval of a
Master Co -Location and Shared Services Agreement between the City of Dubuque and
Dubuque County for Fiber Optic Cable and Conduit in the Greater Dubuque Region.
This agreement is a "public -public" master agreement designed to accelerate high-
speed, resilient telecommunications using fiber optic cable, leverage existing and future
broadband infrastructure, preserve the right of away and partner for cost savings in an
efficient and effective manner. Dubuque County approved the attached agreement at
the Monday May 3 Dubuque County Board of Supervisors Meeting.
This collaboration would have no anticipated negative impact on City or County budgets
in the short-term and potentially positive impact of savings in the long term.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1�,L4� �� 64�-�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
THE CITY OF
DUB TE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
Dubuque
IIFlmeriw Cft
2007-2012.2013
2017*2019
SUBJECT: Master Co -Location and Shared Services Agreement Between the City of
Dubuque and Dubuque County
DATE: May 13, 2021
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 Dubuque County for Fiber Optic
Cable and Conduit in the Greater Dubuque Region.
BACKGROUND
In 2016 the City 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 the City. 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 implemented quickly as "amendments" detailing specific
projects.
DISCUSSION
This agreement is a "public -public" master agreement designed to accelerate high-
speed, resilient telecommunications using fiber optic cable, leverage existing and future
broadband infrastructure, preserve the right of away and partner for cost savings in an
efficient and effective manner. Dubuque County approved the attached agreement at
the Monday May 3 Dubuque County Board of Supervisors Meeting.
BUDGETARYIMPACTS
As proposed, this collaboration would have no anticipated negative impact on City or
County budgets in the short-term and potentially positive impact of savings in the long
term.
REQUESTED ACTION
The proposed Master Co -Location and Shared Services Agreement will further the
efforts of the Dubuque Broadband Acceleration Initiative by increasing the resiliency of
telecommunications for the City and County, leveraging existing broadband
infrastructure, and paving the way for future partner projects. Your review, approval
and recommendation to the City Council is respectfully requested.
CC. Crenna Brumwell, City Attorney
Barry Lindahl, Senior City Attorney
Steve Sampson -brown, Project Engineer
Meggan Bennett, City Engineering
MASTER CO -LOCATION AND SHARED SERVICES AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY, IOWA
The parties to this Master Co -location and Shared Services Agreement ("Agreement") are Dubuque County,
Iowa (COUNTY) and the City of Dubuque, Iowa (CITY), a municipal corporation organized and existing under
the laws of the State of Iowa. The effective date ("Effective Date") of this Agreement shall be as of the last
date of execution.
RECITALS:
• COUNTY wishes to create additional connectivity for COUNTY facilities, offices, assets and
operational systems and/or share services in the Greater Dubuque Region to facilitate such
connectivity.
• CITY desires to co -locate and/or share services in the Greater Dubuque Region to assist
COUNTY and to facilitate the expansion of broadband access, services and choice to citizens
and businesses, and improve the provision of services to citizens of the community.
• Both COUNTY and CITY desire to reduce costs through collaborative planning and the sharing
of fixed assets and capacity wherever possible and cost effective.
Now, therefore, in consideration of the promises and covenants contained herein, County and City, also
referred to herein as the Parties, do hereby mutually agree as follows:
SECTION 1. PROJECT STATEMENTS. In addition to this Master Agreement, COUNTY 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 installation, co -location and/or sharing activities. Project Statements may be incorporated into
this Agreement by the Parties executing a supplemental Exhibit in the form of Exhibit E of this Agreement.
For each additional activity in which a Project Statement is granted, the separate Exhibit E, executed by
the 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. LICENSED CONDUIT AND DESCRIPTION OF TECHNICAL AND SHARED SERVICES
2.1 Use of and Access to COUNTY Co -Location Facilities. CITY shall be responsible for all installation
and maintenance of its equipment at a site licensed by COUNTY unless otherwise agreed to in writing by
COUNTY. Such installation and maintenance shall be conducted in accordance with any and all rules as
COUNTY may from time to time create and which include but are not limited to those contained in Exhibit
A, attached hereto and incorporated herein by reference. All CITY equipment shall remain the sole
property and responsibility of CITY.
2.2 Permission to Work at COUNTY Facilities. Plans for CITY license and Co -Location as described in
any Project Statement shall be completed by CITY and shall be submitted in writing to the designated
contact specified under 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
under Section 8 of this Agreement prior to commencement of any work. CITY shall also advise the
designated contact specified under Section 8 of this Agreement of security arrangements and the names
of those persons authorized to enter the COUNTY Point of Presence ("POP") to work on CITY'S equipment.
2.3 Non-exclusive Placement of Fiber in COUNTY Conduit. CITY may non -exclusively use COUNTY
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 COUNTY shall have the right to use said
conduit and allow other licensees to use the conduit. CITY shall also have the right to use the COUNTY
hand -holes located in the area for the purpose of installing the fiber. After the installation, CITY shall
restore the site of installation to its pre -installation condition. COUNTY shall have the right at any time,
with a 180-day written notice delivered to CITY, 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 COUNTY for any reason, in COUNTY'S sole discretion, including the repair,
replacement, inspection or relocation of the conduit. If COUNTY requires CITY to remove the fiber,
COUNTY shall provide to CITY a reasonable opportunity to install within conduit in a different location
which will allow CITY to replace the removed fiber. COUNTY shall not be liable to CITY for any damages
COUNTY 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 COUNTY
from any and all liability, costs, expenses, claims, demands or suit CITY may have against COUNTY arising
out of CITY'S installation, use, or maintenance of said fiber. CITY hereby agrees to hold COUNTY harmless
and does undertake to fully indemnify COUNTY from any claims made against COUNTY arising out of CITY'S
use of the conduit.
2.4 Use of and Access to CITY Co -Location Facilities. COUNTY 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 COUNTY equipment shall remain the sole property and
responsibility of COUNTY.
2.5 Permission to Work at CITY Facilities. Plans for COUNTY Co -Location as described in any Project
Statement shall be completed by COUNTY and shall be submitted in writing to the designated contact
specified under 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
under Section 8 of this Agreement prior to commencement of any work. COUNTY shall also advise the
designated contact specified under Section 8 of this Agreement of security arrangements and the names
of those persons authorized to enter the CITY POP to work on COUNTY equipment.
2
2.6 Co -Location at CITY Facilities. The Parties agree that COUNTY co -location with CITY is for the
primary purpose of housing and operating COUNTY'S equipment connected to COUNTY'S network. CITY,
at its sole discretion, may permit COUNTY co -location with a third party within a CITY POP but only upon
CITY'S prior written consent.
2.7 Non-exclusive Placement of Fiber in City Conduit. COUNTY may non -exclusively use CITY conduit
for the installation of fiber at COUNTY'S 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 licensees to use the conduit. COUNTY shall also have the right to use the city hand -holes
located in the area for the purpose of installing the fiber. After the installation, COUNTY shall restore the
site of installation to its pre -installation condition. CITY shall have the right at any time, with a 180-day
written notice delivered to COUNTY, to require COUNTY at COUNTY'S sole cost and expense to remove or
relocate the fiber placed in the conduit by COUNTY (or other items installed in the conduit by COUNTY)
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 right-of-way. If CITY requires
COUNTY to remove the fiber, CITY shall allow COUNTY a reasonable opportunity to install within conduit
in a different location which will allow COUNTY to replace the removed fiber. CITY shall not be liable to
COUNTY for any damages CITY or its agents or employees causes 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.
COUNTY hereby releases and discharges CITY from any and all liability, costs, expenses, claims, demands
or suit COUNTY may have against CITY arising out of COUNTY installation, use, or maintenance of said
fiber. COUNTY hereby agrees to hold CITY harmless and does undertake to fully indemnify CITY from any
claims made against CITY arising out of COUNTY'S use of the conduit. At all times COUNTY has fiber in
CITY's conduit COUNTY shall provide insurance equal to or exceeding that described in the attached
Insurance Schedule, Exhibit D.
SECTION 3. NON-INTERFERENCE.
Neither Party shall interfere with the other Party's equipment or the installation, operation, and
maintenance of such equipment. COUNTY shall not interfere with any of CITY'S other licensee's
equipment or the installation, operation or maintenance of such equipment.
The Parties agree that if COUNTY or CITY determines that the other Party's equipment is interfering with
the normal operation of COUNTY'S or CITY's network or facilities, it shall notify the other Party by
providing written notice to the other's network management center. If the interference is unresolved
within three days of receipt of such notice, COUNTY or CITY may disconnect the other Party's offending
equipment. A Party shall be allowed 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 S. INDEMNIFICATION. Each Party shall indemnify, defend and hold the other Party harmless
from and against any and all damages suffered by the other Party including but not limited to damages to
the other Party's or third -party equipment or facilities as well as claims and liabilities asserted against the
other Party by third parties arising out of the failure of the Party to perform in accordance with the terms
and conditions of this Agreement or any Project Statement. Each Party shall indemnify, defend and hold
3
harmless the other Party from and against any and all damages suffered by the other Party and claims and
liabilities asserted against the other Party directly arising out of the negligence or intentional misconduct
of the Party, its employees or agents at the Party's sites subject to this Agreement or any Project
Statement. A Party's obligations to defend, indemnify and hold harmless the other Party will not apply to
the extent that a claim arises out of the other Party's negligence, gross negligence, fraud, or intentional
misconduct.
SECTION 6. TERM. This Agreement shall become effective on the Effective Date and shall continue
until the later of twenty (20) years after the Effective Date or until such time as all Project Statements
have expired or been completed or have been terminated pursuant to this Agreement. The Parties may
terminate this Agreement at any time upon mutual written agreement of the Parties. The Parties may
renew the Agreement upon mutual written agreement of the Parties.
SECTION 7. RIGHT TO TERMINATE. Either Party to this Agreement has the right to immediately
terminate this Agreement without further obligation on its part under the following conditions:
7.1 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 such
failure or improper performance, 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, but in any event within sixty (60) days after its receipt
of written notification of such failure or improper performance.
7.2 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.
7.3 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 Party any and all documented unpaid expenses incurred prior to
the date of cancellation and shall reimburse the Party for any reasonable costs incurred by the other Party
in effecting the termination.
SECTION 8. NOTICES.
8.1 The following contact information must be used for formal notices and any other times an
exchange of correspondence or billing information is required between COUNTY and CITY:
Billing Contacts/Address County:
IT Director
36 E 8th St.
Dubuque IA 52001
helpdesk@dubuquecounty.us
563-690-3099
4
Billing Contacts/Address City:
Finance Department
City of Dubuque
50 W. 13th Street
Dubuque IA 52001
563-589-4398
Legal Notices County:
Dubuque County Auditor
720 Central Ave.
Dubuque IA 52001
kevin.dragotto@dubuquecounty.us
563-589-4499
Legal Notices City:
City Clerk
50 W. 13th Street
Dubuque IA 52001
abreitfe@cityofdubuque.org
Network, Engineering, Operations and Technical Correspondence and Notices County:
Dubuque County IT
36 E 8th St.
Dubuque IA 52001
helpdesk@dubuquecounty.us
563-690-3090
Network, Engineering, Operations and Technical Correspondence and Notices City:
City Engineering
50 W. 131h Street
Dubuque IA 52001
Dness@cityofdubuque.or
563-589-1722
8.2 Notice sent by facsimile or other electronic means will be deemed received by the close of the
business day on which it is transmitted or such earlier time as is confirmed by the receiving Party. Notice
delivered by courier will be deemed to have been received on the business day after it is sent or such
earlier time as is confirmed by the receiving Party. Notice delivered by mail is deemed delivered on the
date the notice is deposited with the United States Postal Service, postage prepaid, and properly
addressed to the receiving Party at the address listed by the receiving Party in this section. Proof of such
date (although not required) may be proved by United States Postal Service postmark. Should either Party
5
elect to send a notice by multiple means, each such notice will operate independently as a properly served
notice. Each Party agrees to notify the other Party in writing in the event of changes in the above
information. Notices sent other than in accordance with this section will be ineffective.
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 the prior written consent of the other Party which
consent shall not be unreasonably withheld.
SECTION 10. LIABILITY INSURANCE. COUNTY shall continue its membership in the Iowa Communities
Assurance Pool during the Term or provide insurance comparable to Schedules C and D. CITY shall
continue its membership in the Iowa Communities Assurance Pool during the Term or provide insurance
comparable to Schedules C and D.
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 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 Party'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. COUNTY shall provide to CITY and CITY shall provide to COUNTY at least
seven (7) days prior written 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). COUNTY or CITY may undertake Emergency Maintenance
at any time deemed necessary but shall make commercially reasonable efforts to perform such
maintenance within the hours identified for Preventative Maintenance if possible. COUNTY 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, COUNTY or CITY agrees to acknowledge
notice of the emergency event in a reasonable period of time and in all events, COUNTY or CITY
will take necessary steps to notify key personnel internally in order for COUNTY 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 Party
claiming a Force Majeure Event must, as soon as reasonably practicable, give the other Party written
notice of such cause and the consequences, including a reasonable estimate of the anticipated delay in
performance, and it will use, to the best of its ability, reasonable efforts to remedy the same.
N.
Notwithstanding the foregoing provisions, settlement ofastrike, lockout, o;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. MISCELLANEOUS.
13.1 The paragraph headings used herein are for convenience only and shall not be construed in
interpreting this A8reement^ .
13.2 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 tmthe invalidity ufsaid provision.
13.3 The failure of either Partyto enforce any of the provisions of this Agreement orthe waiverthereof
in any instance shall not be construed as a general waiver or relinquishment on its part pfany such
provisions, but the. same shall, nevertheless, be and remain in full force and effect.
13/4 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 tomodification )fmutually agreed bythe Parties 1nwriting.
135 This Agreement and performance thereunder shall begoverned bythe laws of the State of Iowa.
Signed and in effect by the Parties on the date last written below.
BY.,
NAME:
Ruv D. Bool
8, 2021
TITLE
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DATE:
Exhibit A
COUNTY Co -Location Rules and Policies
Exhibit B
CITY Co -Location Rules and Policies
COUNTY 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 COUNTY or any COUNTY
representative violates the rules and policies set forth below.
Access to CITY POP
Only those individuals identified in writing by COUNTY on the Co -Location Agreement may access CITY'S
POP. COUNTY shall deliver prior written notice to CITY of any changes to the list of authorized
representatives. COUNTY and its authorized representatives shall not allow any other persons to have
access to or enter the CITY POP. COUNTY and its authorized representatives may only access that
portion of CITY'S POP made available by CITY to COUNTY for the placement of COUNTY'S equipment
and use of the Co -location Services (the "COUNTY Space"). COUNTY 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
COUNTY services. In addition,
• COUNTY agrees to observe and follow all current rules, policies and procedures for each
CITY site where COUNTY obtains services.
• Security Access. COUNTY shall comply with the security access procedures for the
specific CITY Facility.
• CITY Access. CITY reserves the right to open, inspect, disconnect and recover COUNTY'S
equipment that is overheating, smoking, etc.
• Equipment. COUNTY equipment must be UL-certified.
Conduct at CITY POP
COUNTY and its authorized representatives agree to adhere to and abide by all security and safety
measures in effect at a particular CITY facility. COUNTY is responsible for keeping its COUNTY'S Space
10
clear and free of debris and refuse at all times. COUNTY and its authorized representatives shall not:
• Breach or attempt to breach, the security at a CITY Facility;
• 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).
Equipment and Connections
Each piece of COUNTY equipment installed in a CITY Facility must be clearly labeled with COUNTY'S
name (or code name provided in writing to CITY), and individual component identification. Each
connection to and from a piece of COUNTY equipment shall be clearly labeled with COUNTY'S name (or
code name provided in writing to CITY), and the starting and ending point of the connection. COUNTY is
responsible for all COUNTY equipment. COUNTY equipment must be configured and run at all times in
compliance with the manufacturer's specifications, including power outlet, power consumption and
clearance requirements. COUNTY must use its best efforts to provide CITY with at least 24 hours prior
notice any time it intends to connect or disconnect any COUNTY equipment or other equipment.
COUNTY shall not place any hardware or other equipment in the CITY Facility that has not been
identified in writing to CITY.
Online Content
COUNTY acknowledges that CITY has no control whatsoever over the content of the information passing
through COUNTY'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 COUNTY
per Section 9, and any use of the CITY services after posting will be considered acceptance of the
amendment or modification.
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Exhibit C
Notice of Insurance Coverage for City of Dubuque
COUNTY acknowledges that City is a member of the Iowa 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 COUNTY with a certificate showing City's ICAP coverage.
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Fxhihit n
City of Dubuque Insurance Requirements for General, Artisan or
Trade Contractors, Subcontractors or Sub Subcontractors
Class A:
Class B:
Insurance Schedule 6
Asbestos Removal
Earthwork
Piles & Caissons
Steel
Asphalt Paving
Electrical
Plumbing
Storm sewers
Concrete
Elevators
Retaining Walls
Structural Steel
Construction Managers
Fiber Optics
Reinforcement
Trails
Cranes
Fire Protection
Roofing
Tunneling
Culverts
Fireproofing
Sanitary Sewers
Water main
Decking
General Contractors
Sheet Metal
Demolition
HVAC
Site Utilities
Deconstruction
Mechanical
Shoring
Paving & Surfacing
Special construction
Chemical Spraying
Masonry
Stump Grinding
Doors, Window & 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
Landscaping
Rough Carpentry
Carpet Cleaning
Carpet & Resilient Flooring
Caulking & Sealants
Acoustical Ceiling
Filter Cleaning
General Cleaning
Grass Cutting
Janitorial
Non Vehicular Snow & Ice Removal
Office Furnishings
Power Washing
Tile & Terrazzo Flooring
Window Washing
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Insurance Schedule 6 (continued)
u►[►IIIi 0,1411Is] ►fyIs] MI0&�1111TA0 011*401► I I a r-A N
Contractor shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit D prior to commencing work and at the end of the project if the
term of work is longer than 60 days. Providers 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 Iowa Department of Insurance or an
equivalent. The issued certificate must clearly indicate Project name:
MASTER CO -LOCATION AND SHARED SERVICES AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
INTERSTATE POWER AND LIGHT COMPANY
1. All policies of insurance required hereunder shall be with a carrier authorized to do
business in Iowa and all carriers shall have a rating of A or better in the current A.M.
Best's Rating Guide.
2. Each Certificate required shall be furnished to the City of Dubuque
Finance Department.
3. Failure to provide minimum coverage 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.
4. Subcontractor(s) and sub subcontractor(s) performing work or service shall provide a
Certificate of Insurance in accord with its' respective classification. The City of Dubuque
may request a copy of a subcontractor(s) Certificate of Insurance from the general
contractor.
5. All required endorsements to various policies shall be attached to the Certificate of
insurance.
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6. Whenever an ISO form is referenced the current edition must be used.
7. 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 B. If the provider's
limit of liability is higher than the required minimum limit then the provider's limit shall
be this agreement's required limit.
8. Contractor shall be responsible for deductibles and retainage.
Insurance Schedule 6 (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
a) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall
be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the
standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be
clearly identified.
b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03
"Designated Construction Project (s) General Aggregate Limit" as appropriate.
c) Include endorsement indicating that coverage is primary and non-contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached).
e) Include an endorsement that deletes any fellow employee exclusion.
f) 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.
g) All contractors shall include The City of Dubuque (per the above verbiage) as an additional insured for
completed operations under ISO form CG 2037 during the project term and for a period of two years
after the completion of the project.
B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit)
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter 85.
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Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque.
Coverage B limits shall be greater if required by Umbrella Carrier.
Umbrella Liability
Umbrella liability coverage must be at least following form with the underlying policies included
herein.
All Class A contractors with contract values in excess of $10,000,000 must have an umbrella of
$10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have
an umbrella of $3,000,000.
All Class A and B contractors with contract values less than $500,000 must have an umbrella of
$1,000, 000.
All Class C contractors are not required to have an umbrella.
D) Pollution Liability Coverage required: yes _*_no
Pollution Liability coverage shall be required if project involves any pollution exposures including
abatement of 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.
$2,000,000 each occurrence
$4,000,000 policy aggregate
a) Policy to include premises and transportation coverage.
b) Include additional insured as stated in Ae above.
c) Include preservation of governmental immunity as stated in Ad above.
E) Railroad Protective Liability Coverage required: yes * no
Any Contract for construction or demolition work on or within Fifty feet (50') from the
edge of the tracks of a railroad and effecting any railroad bridge or trestle, tracks,
roadbeds, tunnel, underpass, or crossing for which an easement or license or
indemnification of the railroad is required, shall require evidence of the following
additional coverages.
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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.
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does
not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa
under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa Section
670.4 as it now exists and as it may be amended from time to time. Those claims not subject to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity, The City of Dubuque, Iowa 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 insurance carrier.
4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the
insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa
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, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
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PROJECT STATEMENT: Sharing agreement #
Exhibit E
between COUNTY and City of Dubuque
Pursuant to the Master Co -locations and Shared Services Agreement between City of Dubuque and
COUNTY, dated and attached hereto, the Parties hereby agree to the
following PROJECT STATEMENT:
Narrative description of co -location and service sharing:
City will provide COUNTY access to
to approximately
conduit running from approximately_
. This conduit is estimated at
access is valued and charged at $_ per linear foot.
linear feet and
City will provide COUNTY access to optical fiber pair(s) running from approximately
to approximately . The fibers are estimated
at _linear feet and access is valued and charged at $_ per fiber pair linear foot.
City will provide the following additional facilities, services and/or payments to COUNTY:
In return, COUNTY will provide COUNTY access to conduit running from approximately
to approximately . This conduit is estimated
at _linear feet and access is valued and charged at $_ per linear foot.
COUNTY will provide City access to optical fiber pair(s) running from approximately
to approximately . The fibers are estimated
at _linear feet and access is valued and charged at $_ per fiber pair linear foot.
COUNTY will provide the following additional facilities, services and/or payments to City:
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Term of Project: For licensed conduit or fiber pursuant to this Project Statement the term shall be
( ) years beginning and running through . COUNTY
or CITY may request up to year extensions of the agreement at the same annual cost, and such
extension shall not be unreasonably denied.
Exchange of Value:
The value provided by City to COUNTY is $
The value provided by COUNTY to CITY is $
Project accepted:
M
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Michael Van Milligan — Manager, City of Dubuque Date
- Dubuque County Date
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20
Memo
To: Board of Supervisors
From: Nathan Gilmore — IT Director
cc: Dawn Sherman
Date: 04/20/2021
Re: Master Services Agreement — City of Dubuque Fiber/Conduit
The attached document to review is the Master Services Agreement that is step one for formally
leasing conduit and/or fiber from the City of Dubuque.
This document does not monetarily commit the County to anything or speak to any specific
locations. It documents the expectations and requirements of City and County for any future
contracts that they may enter into regarding conduit/fiber.
This document as it stands is identical or nearly identical to what the City has used to enter into
agreements with other entities.
If BOS signs this agreement, it will go to City Council to also sign.
Fiber and/or conduit specific to locations will be identified and the details of each such
agreement will be spelled out and it will amend the master agreement. These agreements are
expected to be shorter as they will be specific to the locations, fiber strand counts, costs etc, but
skip the details that are covered in the master agreement that governs all amendments. These
location agreements will be brought to BOS for review and possible signatures.
The County Attorney has reviewed this master agreement and feels it is in good order. His full
response is attached for reference.
Thank you for consideration and I am available for questions before and during the meeting.
-Nathan Gilmore
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