Service Agreement with CGM, LLC for Access to Federally Available Broadband SubsidiesCity of Dubuque
City Council Meeting
Action Items # 7.
Copyrighted
May 17, 2021
ITEM TITLE: Proposed Service Agreement with CGM, LLC for Provision of an
Enrollment Portal and Customer Service System for Access to Federally
Available Broadband Subsidies by Qualifying Dubuque Residents
SUMMARY: City Manager recommending City Council approval of a service
agreement with CGM, LLC that will create an improved opportunity for
qualifying Dubuque residents to take advantage of Federally funded
broadband internet subsidies.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
CGM Proposed Service Agreement-MVM Memo City Manager Memo
Proposed Service Agreement with CGM LLC memo to Staff Memo
the City Manager
CGM Service Bureau Agreement Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Service Agreement with CGM, LLC for Provision of an
Enrollment Portal and Customer Service System for Access to Federally
Available Broadband Subsidies by Qualifying Dubuque Residents
DATE: May 13, 2021
Information Services Manager Chris Kohlmann and Sustainable Innovation Consultant
Dave Lyons recommend City Council approval of a service agreement with CGM, LLC
that will create an improved opportunity for qualifying Dubuque residents to take
advantage of Federally funded broadband internet subsidies. The agreement would
further the City's continuing Broadband Acceleration Initiative and the recently adoptec
Equitable Poverty Reduction and Prevention Plan.
The City would be committing up to $50,000 of its existing CDBG allocation for the
nonrecurring costs of creating the customized platform. It would also be committing to a
not to exceed fee of $5000 a month for the operations and customer service on the site.
It would receive invoices of actual costs for review. This cost is roughly 50% of the
initial costs quoted by CGM, as the second City in Iowa that it has spoken with (West
Des Moines) is also initiating a similar agreement covering half the costs. The
agreement with CGM also requires that if additional Cities adopt the model, CGM will
refund/reduce Dubuque's costs to its pro-rata share. The return on investment to the
community will depend on our ability to identify and assist qualifying residents.
However, if we can then the return should be significant. One resident fully utilizing the
program would receive up to $820 toward the costs of broadband access. We estimate
that there are roughly 9,000 to 16,000 residents that would qualify.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
SUBJECT: Proposed Service Agreement with CGM, LLC for Provision of an
Enrollment Portal and Customer Service System for Access to Federally Available
Broadband Subsidies by Qualifying Dubuque Residents
DATE: May 13, 2021
INTRODUCTION
The purpose of this memo is to request approval of a service agreement that will create
an improved opportunity for qualifying Dubuque residents to take advantage of
Federally funded broadband internet subsidies. The agreement would further the City's
continuing Broadband Acceleration Initiative and the recently adopted Equitable Poverty
Reduction and Prevention Plan. The funding source for this activity would the City's
CDBG (Community Development Block Grant) funds.
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,
with the goal of universal and affordable access for our businesses and citizens. A key
challenge to that initiative is the issue of "affordability" for lower income residents.
Earlier this year the City adopted the Dubuque Community Equitable Poverty Reduction
and Prevention Plan. That Plan includes a recommended strategy to "Subsidize
Internet Access in Low Income Neighborhoods & Develop a Digital Equity Plan".
Overcoming the challenges and accomplishing these objectives will require a
comprehensive effort and the leveraging of multiple funding sources.
In December of 2020, the United States Congress passed the Consolidated
Appropriations Act. Included within that Act was an appropriation of $3.2 billion to assist
low-income Americans with access to the internet. (An overview of the EBB is
attached.) Called the Emergency Broadband Benefit (EBB) and administered by the
Federal Communications Commission it provides two major benefits (1) a subsidy of
$50 a month for high-speed internet access; and (2) up to $100 in approved equipment
for accessing the internet. And these benefits are in addition to the existing Lifeline
Program, a $9.95 a month subsidy for internet and/or telecommunication access. The
new EBB funding is designed to be delivered via the existing structure and process of
the Lifeline Program. That program has been under-utilized and the number of
providers offering broadband speed connections for the program in Iowa has been
limited.
The Lifeline program, monthly subsidy designed to help low-income families afford
critical communications services, was created with the best intentions. The original goal
was to achieve universal telephone service, but it has fallen far short of achieving its
potential as the Federal Communications Commission has attempted to convert it to a
broadband -centric program.
The FCC's Universal Service Administrative Company estimates that only 26% of the
families that are eligible for Lifeline currently participate in the program. That means that
nearly three out of four low-income consumers are missing out on a benefit for which
they qualify.
DISCUSSION
The City of Dubuque receives a federal allocation of Community Development Block
Grant dollars. One purpose which the Federal Government now requests local
communities address with those funds in broadband access for low-income families.
CDBG dollars are limited and need to address a wide range of local issues. The
intention of this request is to use a relatively modest investment from CDBG to open the
opportunity for Dubuque residents to access large sources of federal assistance.
One step in increasing participation in the Lifeline program participation is to make
application, service selection and sign-up much easier for qualifying residents or
agencies working on a residents' behalf as well as carrier promotion and engagement.
CGM, LLC is a Roswell, Georgia software company that presently provides the Lifeline
Program enrollment program to the vast majority of carriers participating in the existing
Lifeline program. They would modify that software to create a "Dubuque specific"
access point where residents and their advocates could quickly see and compare
options for broadband access (both fixed and wireless), connect with their provider of
choice and have their eligibility confirmed and documented.
They would also assist in promoting this one -stop, low-cost platform to local, regional,
and national carriers to increase participation. The concept is to make the Dubuque
market so easy to participate in that carriers who would otherwise only be interested in
large metropolitan centers for their EBB products would decide to participate in
Dubuque as well. CGM is also certified with the Federal Communications Commission
and the Universal Service Administration Company and getting a new vendor/system
certified would likely take months.
As envisioned, CGM would build, maintain, and staff a Dubuque specific platform for
EBB and the Lifeline Program. Residents would use that platform to find, select and
coordinate with a private carrier that is offering a qualifying EBB or Lifeline product. The
City would help fund the costs of creating the customized platform and its on -going
operations for three years, engage local partners to promote the new subsidy
opportunities to low-income residents and provide an annual report on the operations of
the site. While the EBB is presently time limited (until 6 months after US Department of
Health declares the Covid emergency over or until the $3.2 billion is exhausted) there is
follow-on funding and programming already under development. Conventional wisdom
is that a program of this type, along with the traditional Lifeline program, will continue to
be available.
BUDGET IMPACT
The City would be committing up to $50,000 of its existing CDBG allocation for the non-
recurring costs of creating the customized platform. It would also be committing to a not
to exceed fee of $5000 a month for the operations and customer service on the site. It
would receive invoices of actual costs for review. This cost is roughly 50% of the initial
costs quoted by CGM, as the second City in Iowa that it has spoken with (West Des
Moines) is also initiating a similar agreement covering half the costs.
The agreement with CGM also requires that if additional Cities adopt the model, CGM
will refund/reduce Dubuque's costs to its pro-rata share. The return on investment to
the community will depend on our ability to identify and assist qualifying residents.
However, if we can then the return should be significant. One resident fully utilizing the
program would receive up to $820 toward the costs of broadband access. We estimate
that there are roughly 9,000 to 16,000 residents that would qualify.
RECOMMENDATION AND ACTION REQUESTED
This service agreement, if implemented quickly and effectively, should significantly
increase the number of Dubuque residents able to utilize the assistance, the number of
carriers participating and the 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 the City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Alexis Steger, Housing and Community Development Director
Emergency Broadband Benefit Overview
In the Consolidated Appropriations Act of 2021, Congress appropriated $3.2 billion to the FCC
to help low-income households pay for broadband service and connected internet devices.
The Emergency Broadband Benefit (EBB) Program will provide a discount of up to $50 per
month for broadband services for eligible consumers. Consumers who live on qualifying
Tribal lands can receive enhanced support of up to $75 per month toward broadband
services.
Additionally, the program provides a one-time device discount of up to $100 for a laptop,
desktop computer, or tablet purchased through a participating provider. The one-time
discount requires a consumer co -payment of more than $10 and less than $50.
The Emergency Broadband Benefit is temporary. It will expire when funds are exhausted or
six months after the Department of Health and Human Services (HHS) declares the end of the
COVID-19 health emergency.
The FCC expects the EBB Program to be open to eligible households before the end of April
2021. Please check the FCC's website regularly for the latest information.
Household Eligibility
Households can qualify for the Emergency Broadband Benefit by showing that at least one
member of their household meets one of the following criteria:
• Qualifies for the FCC's Lifeline program, including those who are on Medicaid or
receive SNAP benefits,
Is approved for the free or reduced price school breakfast/lunch program, including
through the USDA Community Eligibility Provision,
Experienced substantial documented loss of income since February 29, 2020 with a
total household income in 2020 below $99,000 for single filers and $198,000 forjoint
filers,
Received a federal Pell grant in the current award year, or
Qualifies for a participating provider's existing low-income or COVID-19 relief program,
subject to FCC approval of that provider's eligibility process.
The Emergency Broadband Benefit is limited to one monthly service discount and one device
discount per eligible household.
SERVICE BUREAU AGREEMENT
THIS SERVICE BUREAU AGREEMENT (this Agreement), dated for rerefence
purposes the 17th day of May, 2021 is made and entered into by and between
CGM, LLC (CGM), a Georgia limited liability corporation and the City of Dubuque an
Iowa municipal corporation of Dubuque, Iowa (Customer).
WHEREAS, Customer desires to purchase certain services from CGM that will
help city residents, particulary low-income residents, deal with, prevent and recover
from the effects the COVID 19 Pandemic, all as set forth in attached Exhibit A (the
Services); and
WHEREAS, CGM desires to sell and deliver the Services to Customer, subject to
the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements
set forth herein, and with the intent to be legally bound, the parties hereby agree as
follows:
SECTION 1 CGM SERVICES. In accordance with the terms of this Agreement,
CGM will furnish Customer with the Services. The Services may be modified or
amended only by written agreement executed by Customer and CGM.
SECTION 2 CHARGES.
2.1 Charges for the Services. The charges for the Services are as set forth herein
and in Exhibit A. Charges for services not identified in Exhibit A will be determined and
agreed upon by CGM and Customer. In addition to the charges set forth in Exhibit A,
Customer will be charged for any taxes, however designated, levied on or for the
Services, including state and local taxes paid or payable by CGM, but excluding any
federal, state or local taxes based on CGM's net income.
2.2 Non -Recurring Charges. Non -recurring charges are due and payable and must
be remitted to CGM, via check, after execution of this Agreement and completion and
testing of the web -based EBB clearinghouse as described in Exhibit A .
2.3 Monthly Recurring Charges. CGM will invoice Customer monthly for all recurring
charges identified in Exhibit A.
2.4 Payment of Charges. Customer agrees to pay all charges as set forth in CGM's
invoices within forty five (45) days of the date of each invoice. A finance charge of one
and one-half percent (1 1/2%) per month (or the maximum legal rate, if less) will be
assessed by CGM and paid by Customer on any and all untimely undisputed payments.
2.5 Termination of Agreement and Services for Non-payment of Charges. In the
event that any non -disputed amount due and owing on a CGM invoice to Customer is
not timely paid as provided herein, CGM may, at its sole election, and in addition to any
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other right or remedy which it may have under this Agreement or at law, immediately
terminate this Agreement and Services.
SECTION 3 TERM AND TERMINATION.
3.1 Term. This Agreement will remain in full force and effect for an initial term of
three (3) years, beginning on the day of , 2021 and
terminating at midnight on the day of , 2024. Termination of
this Agreement will not terminate Customer's obligation to pay CGM for all Services
performed under this Agreement prior to termination.
3.2 Termination. In the event that either party fails in the performance of its
obligations, or breaches the terms or conditions of this Agreement, the other party may,
at its option, deliver written notice to the party which has failed to perform or has
breached this Agreement of its intention to terminate this Agreement unless such
breach or failure in performance is remedied within thirty (30) days of delivery of such
notice. Failure to remedy such a breach will make this Agreement terminable, at the
option of the aggrieved party, at the end of such thirty (30) day period unless notification
is withdrawn. If Customer determines, in its sole discretion, that (1) the conduct of CGM
may be reasonably considered, under City of Dubuque community standards, to be
immoral, deceptive, scandalous, obscene or materially determinantal to or negatively
affect the reputation and good will associated with Customer, or (2) adequate EEB
funds are not reasonably available, or (3) after twelve (12) months of basic functionality,
that the number of individuals in the community using the EBB clearinghouse is not high
enough to justify the continued monthly management and maintenance expense,
Customer may terminate this Agreement following thirty (30) days written notice
delivered to CGM.
3.3 Events after termination. In the event that this Agreement is terminated for any
reason, CGM will immediately take the following actions:
A. System access via log on or FTP access will be suspended immediately
after contract termination;
B. All processed data may be deleted from the system thirty (30) days after
termination. Customer will be given the right to pay for a copy of this data prior to
deletion of data. CGM may schedule this activity to take place on off hours and
over time so as not to interrupt regular production activities;
C. Any un-processed data stored on CGM machines will be deleted;
SECTION 4 USE OF THE SERVICES. Customer agrees to utilize the Services in
accordance with this Agreement, Exhibit A, and CGM's instructions and specifications,
and to provide CGM with correct, complete and necessary data in the proper format to
enable CGM to properly furnish the Services. Customer agrees to notify CGM
immediately of any proposed changes in its method of using the Services, and to also
notify CGM in the event there are any anticipated changes that could significantly alter
the type, method or volume of Customer's transactions.
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SECTION 5 LIMITED WARRANTY.
5.1 CGM agrees to use commercially reasonable efforts to provide accurate
Services. CGM agrees that it will, at its expense, correct any errors which are due
solely to a malfunction of CGM's computers, operating systems or programs, or errors
by CGM's employees or agents. Corrections will be limited to repairing the error in the
service provided. CGM will not be responsible in any manner for errors of, or failures in,
proprietary systems and programs other than those of CGM.
5.2 THE LIMITED WARRANTIES SET OUT IN THIS SECTION 5 AND THE
REMEDIES SET FORTH HEREIN ARE CUSTOMER'S ONLY WARRANTIES AND
REMEDIES UNDER THIS AGREEMENT. SUCH WARRANTIES AND REMEDIES
ARE IN LIEU OF AND EXCLUDE, AND THE PARTIES EXPRESSLY DISCLAIM, ALL
OTHER WARRANTIES AND REMEDIES NOT EXPRESSLY SET FORTH HEREIN,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY AND
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, LOSS OF DATA, NON -INFRINGEMENT OR CONFORMANCE TO
SPECIFICATIONS.
SECTION 6 LIMITATION OF LIABILITY AND INDEMNIFICATION.
6.1 CGM'S LIABILITY TO CUSTOMER FOR ANY BREACH OF THE
WARRANTIES IN SECTION 5 HEREOF WILL BE LIMITED TO THE REMEDIES
SPECIFIED THEREIN. ANY OTHER CLAIM CONCERNING CGM'S PERFORMANCE
OR NON-PERFORMANCE OF THIS AGREEMENT WILL BE LIMITED TO ACTUAL
DAMAGES ONLY, UP TO, BUT NOT EXCEEDING, THE AMOUNT PAID TO CGM BY
CUSTOMER FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY
PRECEDING ANY SUCH CLAIM. IN NO EVENT WILL CGM BE LIABLE FOR ANY
LOSS OF USE, DATA OR PROFITS OR INDIRECT, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT,
EVEN IF CGM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, WILL BE BROUGHT BY
CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS
ACCRUED.
6.2 In no event, except as specifically set forth herein, will CGM be liable to
Customer or any third party (including Customer's customers) for any claim, loss or
damage, whether direct, ordinary, special or consequential, or otherwise, even if CGM
has been advised of the possibility of such damage.
6.3 Customer will indemnify, protect, defend and hold CGM harmless from and
against any and all loss, damage, cost and expense (or claims of loss, damage, cost
and expense) asserted against CGM by third parties in connection with or arising out of
(i) incomplete or inaccurate information provided to CGM, Customer or Customer's
customers or any third party; (ii) the use of Customer's information when furnished by
CGM to (a) Customer's customers, (b) governmental authorities, including without
limitation, USAC, (c) other third persons at Customer's request, or (d) officers,
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employees and agents of Customer; (iii) CGM's acquisition and use of Customer's data;
and (iv) Customer's breach of any material term or condition of this Agreement.
SECTION 7 INTELLECTUAL PROPERTY ASSIGNMENT.
7.1 All inventions, original works of authorship, developments, concepts, know-how,
discoveries, improvements, trade secrets, secret processes, patents, patent
applications, service marks, trademarks, trademark applications, copyright and
copyright registrations, and products, whether or not patentable or registerable under
copyright, trademark or other similar laws, made by CGM, in whole or in part, or
conceived by CGM alone or with others, which relate to the business, operations,
activities, research, investigation or obligations of CGM (collectively, the Works) are the
property of CGM and all right, title, interest and ownership in all such Works including
but not limited to copyrights, trademarks, patents, trade secret rights, trade names, and
know-how and the rights to secure any renewals, reissues, and extensions thereof will
vest in CGM. The Works will be deemed to be "works made for hire" under United
States copyright law (17 U.S.C. § 101 et seq.). All right, title and interest in the Works
are CGM's alone. Customer understands that CGM may register the copyright,
trademark, patent and other rights in the Works in CGM's name. Customer further
understands that CGM has full, complete and exclusive ownership of the Works (the
Intellectual Property). Customer agrees not to use the Intellectual Property without
CGM's prior written permission. 7.2
A. Non -recurring Charges (Installation). CGM will pass along 5% of the non-
recurring charges collected from each new website built for another municipality,
to DB (we'll do the same for WDM). The total amount remitted to DB will not
exceed the non -recurring fees assessed to DB. All revenue sharing will cease
when Agreement is terminated.
B. Monthly recurring charges (Ongoing website management and
maintenance). For each new website built for another municipality, CGM will
reduce DB's monthly recurring charges by 5% of the monthly recurring amount
collected from the new municipality (we'll do the same for WDM) until that
amount gets to $0.
SECTION 8 DISPUTE RESOLUTION AND CHOICE OF LAW.
8.1 Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Iowa, without giving effect to that body of laws
pertaining to conflict of laws.
8.2 Venue; Consent to Jurisdiction. The parties agree that all actions to enforce an
arbitrator's decision or award will be instituted in the state or federal courts sitting in the
the Iowa District Court for Dubuque County. Each party submits to the exclusive
jurisdiction of, and venue in, such courts, and waives any objection based on forum non
conveniens.
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8.3 Arbitration. Except as otherwise expressly provided herein, any dispute, claim or
controversy directly or indirectly based upon, arising out of or relating to this Agreement
or the transactions contemplated hereby, or the breach or alleged breach hereof or
thereof, whether based on contract, tort or any other theory, will be submitted for
resolution by final and binding arbitration in Dubuque, Iowa, or such other location to
which the parties agree in writing, before a single arbitrator selected by CGM and the
Customer, or if such parties are unable to agree on an arbitrator, the arbitrator will be
selected pursuant to JAMS Comprehensive Arbitration Rules and Procedures, in
accordance with the Laws of the State of Iowa applicable to agreements made and to
be performed entirely therein; provided that the arbitrator, however selected, will be a
former federal judge or an attorney whose expertise is business/commercial law. The
arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration
Rules and Procedures, and the parties agree that the arbitrator may impose sanctions
in the arbitrator's discretion to enforce compliance with discovery and other obligations.
The arbitrator's decision will be final and binding upon the parties. The arbitrator will
have the power to grant temporary, preliminary and permanent relief, including without
limitation injunctive relief and specific performance. Unless otherwise ordered by the
arbitrator, the arbitrator's expenses will be shared equally by CGM, on one hand, and
Customer on the other hand.
8.4 Costs and Attorneys' Fees. In the event that any action, suit or other proceeding
is instituted concerning or arising out of this Agreement or any transaction contemplated
hereunder, the prevailing party will be entitled to recover all of such party's costs and
reasonable attorneys' fees incurred in each such action, suit or other proceeding,
including any and all appeals or petitions therefrom.
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9.1 Waiver. The failure of either party to insist on any occasion upon strict
adherence to any provision of this Agreement will not be considered a waiver of any of
its rights or remedies, nor will it relieve the other party from performing any subsequent
obligation strictly in accordance with the terms of this Agreement. No waiver will be
effective unless it is in writing and signed by the party against whom enforcement is
sought. The waiver will be limited to provisions of this Agreement specifically referred to
therein and will not be deemed a waiver of any other provision. No waiver will constitute
a continuing waiver unless the writing states otherwise.
9.2 Construction.
A. The parties hereto agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party will not be applied in the
construction or interpretation of this Agreement.
B. The headings contained in this Agreement are for convenience of
reference only, will not be deemed to be a part of this Agreement and will not be
referred to in connection with the construction or interpretation of this Agreement.
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9.3 No Third Party Beneficiaries. None of the provisions of this Agreement are
intended to provide any rights or remedies to any person (including, particularly, to any
employees or consultants) other than the parties hereto and their respective successors
and assigns (if any).
9.4 Amendments and Waivers. This Agreement may be amended only with the prior
written consent of the parties. The observance of any term of this Agreement may be
waived (either generally or in a particular instance and either retroactively or
prospectively), only with the written consent of CGM and Customer. No delay or failure
to require performance of any provision of this Agreement will constitute a waiver of that
provision as to that or any other instance. No waiver granted under this Agreement as
to any one provision herein will constitute a subsequent waiver of such provision or of
any other provision herein, nor will it constitute the waiver of any performance other
than the actual performance specifically waived.
9.5 Notices. All notices, demands, or other communications under this Agreement
will be in writing to the party's respective addresses set forth on the first page of this
Agreement, or to any other address as either party may designate by giving a written
notice to the others, and be deemed effectively delivered: (a) if delivered personally,
upon the date of delivery; (b) if by registered mail, within ten (10) working days from the
dispatch thereof; (c) if delivered by facsimile, twenty four (24) hours after the dispatch
thereof; or (d) if delivered by courier or overnight delivery service, one (1) day after the
dispatch thereof; or (e) twenty-four hours after transmission of an email.
9.6 Severability. If any provision of this Agreement is determined by any court or
arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect,
such provision will be enforced to the maximum extent possible given the intent of the
parties hereto. If such clause or provision cannot be so enforced, such provision will be
stricken from this Agreement and the remainder of this Agreement will be enforced as if
such invalid, illegal or unenforceable clause or provision had (to the extent not
enforceable) never been contained in this Agreement. Notwithstanding the foregoing, if
the value of this Agreement based upon the substantial benefit of the bargain for any
party is materially impaired, which determination as made by the presiding court or
arbitrator of competent jurisdiction will be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
9.7 Entire Agreement. This Agreement and Exhibit A constitute the entire agreement
and understanding of the parties with respect to the subject matter of this Agreement,
and this Agreement supersedes any and all prior understandings and agreements,
whether oral or written, between or among the parties hereto with respect to the specific
subject matter hereof.
9.8 Further Assurances. The parties agree to execute such further documents and
instruments and to take such further actions as may be reasonably necessary to carry
out the purposes and intent of this Agreement.
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9.9 Counterparts. This Agreement may be executed in counterparts, each of which
will be deemed an original, but all of which together will be deemed to be one and the
same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or
other means of electronic transmission will be deemed to have the same legal effect as
delivery of an original signed copy of this Agreement.
9.10 Delay Due To Unforeseeable Events. Neither party will be responsible for any
delay or failure to perform due to unforeseeable events or circumstances that may arise
without such party's fault or negligence and that are beyond such party's reasonable
control, including by way of example but not limited to acts of God, war, riot,
embargoes, acts of civil or military authorities, accidents, labor disputes, shortages, or
telecommunications or utility failures. The delay or failure to perform will be excused
during the continuance of such circumstances, but this Agreement will otherwise remain
in effect. To the extent the rights and obligations of the other party under this
Agreement are materially affected by the delay or failure to perform, such other party's
obligations will also be suspended. All obligations of the parties that are suspended
pursuant to this paragraph will be resumed as soon as reasonably possible after
termination or abatement of the events or circumstances giving rise to the delay or
failure to perform.
IN WITNESS OF THE FOREGOING, the parties have caused this Agreement to be
signed by their duly authorized officers.
CGM, LLC CITY OF DUBUQUE, IOWA
Name: Charles Campbell
Title: Principal
Date:5/12/21
By:
Name:
Title: _
Date:
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CGM, LLC Service Bureau Agreement
Exhibit A
Standard Services
Description Of Services
The City of Dubuque, Iowa wishes to drive, in their respective communities, awareness
of and enrollment in the Federal Emergency Broadband Benefit Program (EBB). EBB
will make available to low income households, subsidies for Broadband services of up
to $50 per month and subsidies for connected devices (tablets, laptops, etc.) of up to
$100. The EBB Program is scheduled to begin on April 26, and the total pool of federal
funds available is $3.2 Billion. It's expected that this funding will dry up quickly (6 to 9
months) as close to 400 carriers have already been approved to offer it to their existing
bases and the rest of the eligible market. We're reaching out to approved carriers that
operate within the of Dubuque and have four commitments to participate in the
clearinghouse, so far. These carriers plan on making a fully subsidized, free offering of
25GB, unlimited talk and text and a smart device to eligible city residents.
The citiy's endeavor to mobilize its resources to ensure eligible citizens move quickly to
participate in this program. To that end the city will take a three -pronged approach to
driving awareness and enrollment. 1. An EBB clearinghouse website will be established
to demystify and facilitate enrollment in the EBB program by listing the local
participating service providers and their service offerings, and providing access to their
on-line enrollment portals with the click of one button. Upon successful enrollment the
subscriber would be mailed their device (smartphone, hot spot, tablet, depending on the
carrier's offerings) and would activate the service to initiate the benefit. 2. The citys will
send email and possibly text notifications to known, eligible households to make them
aware of the opportunity and to invite them to come to the new web site to enroll with a
participating service provider. 3. City personnel who regularly engage with low-income
residents will be introduced to the new web site and asked to help eligible households
navigate program enrollment through the website, as part of their regular interaction.
This project is designed to accelerate the participation of city residents ahead of the
national average. It's estimated that there are 9,000 to 16,000 low income households
which are eligible for the EBB Program. Assuming Community Development Block
Grant (CDBG) funding can be employed to rapidly build and operate the website,
educate city personel and guide marketing efforts, the benefit to low income households
should be considerable.
Deliverable
CGM will build a web -based EBB clearinghouse for the City of Dubuque. Website will
be dedicated to the city, will carry the seal of the city and help eligible, low-income
applicants browse through the offerings of EBB service providers (National wireless
carriers, regional wireless resellers, cable companies, etc.) based on a home address
05122021ba1
entered. It's envisioned that introduction to the site would be through notices sent from
city departments to their eligible community members, and would also take place during
real-time, face-to-face or virtual engagements that occur on a daily basis between city
volunteers and eligible community members.
CGM will meet with City staff (in -person if allowed) to educate them to the EBB program
and its eligibility requirements, and provide training to staff on the use of the
clearinghouse website.
CGM will provide guidance to City marketing personnel regarding language to include
on emails, texts, flyers and posters to introduce the EBB Program and the website.
CGM will lead the effort to engage local broadband service providers that have been
federally approved to offer EBB discounts within the footprints of the city, to list its EBB
service offerings on the websites. CGM will manage the relationship with these carriers
so that as service offerings change the websites will be updated, and as new carriers
are approved they'll be introduced to this initiative.
CGM will track daily activity on the websites, report results to City personnel, and work
with the city to make adjustments where necessary to drive engagement. CGM has
reviewed and understands the requirement of meeting the Community Development
Block Grant program's National Objectives and will report monthly, and provide an
annual report, on activities benefiting low and moderate -income persons and such
other information as requested by the city.
CGM views this project as a living, breathing, first -of -it's -kind thing that will require
nurturing and regular tweaking to succeed. There's a reasonable chance that additional
federal funding may materialize once the initial $3.2 Billion are exhausted. CGM is
hopeful that the results of this project will be a testimonial toward that end, and with the
permission of the city will make the FCC and the Universal Service Administration
Company aware of this initiative.
As part of the EBB enrollment process, most subscribers will also be enrolled in the
federal Lifeline Program. There's a high degree of overlap in the eligibility requirements
between the two programs. CGM will build Lifeline Program capabilities into the
website, so that it can be used solely for promoting Lifeline Program service packages if
the EBB funding is not renewed. If EBB funding is not renewed it's reasonable to think
that participants could maintain their service plans or a reduced version of them with a
combination of Lifeline Program benefits ($9.25/mo.), support from the city, and/or a co -
pay from the subscriber.
CGM will provide real-time customer service support via phone and web site chat
functionality.
Cost and Interval:
05122021ba1
9.9 Counterparts. This Agreement may be executed in counterparts, each of which
will be deemed an original, but all of which together will be deemed to be one and the
same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or
other means of electronic transmission will be deemed to have the same legal effect as
delivery of an original signed copy of this Agreement.
9.10 Delay Due To Unforeseeable Events. Neither party will be responsible for any
delay or failure to perform due to unforeseeable events or circumstances that may arise
without such party's fault or negligence and that are beyond such party's reasonable
control, including by way of example but not limited to acts of God, war, riot,
embargoes, acts of civil or military authorities, accidents, labor disputes, shortages, or
telecommunications or utility failures. The delay or failure to perform will be excused
during the continuance of such circumstances, but this Agreement will otherwise remain
in effect. To the extent the rights and obligations of the other party under this
Agreement are materially affected by the delay or failure to perform, such other party's
obligations will also be suspended. All obligations of the parties that are suspended
pursuant to this paragraph will be resumed as soon as reasonably possible after
termination or abatement of the events or circumstances giving rise to the delay or
failure to perform.
IN WITNESS OF THE FOREGOING, the parties have caused this Agreement to be
signed by their duly authorized officers.
CGM, LLC
Name: Charles Campbell
Title: Principal
Date:5/12/21
CITY OF DUBUQUE, IOWA
By: 0�
Name: Michael Van Milli_ eq n
Title: City Manager
Date: May 17, 2021
05122021ba1
CGM, LLC Service Bureau Agreement
Exhibit A
Standard Services
Description Of Services
The City of Dubuque, Iowa wishes to drive, in their respective communities, awareness
of and enrollment in the Federal Emergency Broadband Benefit Program (EBB). EBB
will make available to low income households, subsidies for Broadband services of up
to $50 per month and subsidies for connected devices (tablets, laptops, etc.) of up to
$100. The EBB Program is scheduled to begin on April 26, and the total pool of federal
funds available is $3.2 Billion. It's expected that this funding will dry up quickly (6 to 9
months) as close to 400 carriers have already been approved to offer it to their existing
bases and the rest of the eligible market. We're reaching out to approved carriers that
operate within the of Dubuque and have four commitments to participate in the
clearinghouse, so far. These carriers plan on making a fully subsidized, free offering of
25GB, unlimited talk and text and a smart device to eligible city residents.
The citiy's endeavor to mobilize its resources to ensure eligible citizens move quickly to
participate in this program. To that end the city will take a three -pronged approach to
driving awareness and enrollment. 1. An EBB clearinghouse website will be established
to demystify and facilitate enrollment in the EBB program by listing the local
participating service providers and their service offerings, and providing access to their
on-line enrollment portals with the click of one button. Upon successful enrollment the
subscriber would be mailed their device (smartphone, hot spot, tablet, depending on the
carrier's offerings) and would activate the service to initiate the benefit. 2. The citys will
send email and possibly text notifications to known, eligible households to make them
aware of the opportunity and to invite them to come to the new web site to enroll with a
participating service provider. 3. City personnel who regularly engage with low-income
residents will be introduced to the new web site and asked to help eligible households
navigate program enrollment through the website, as part of their regular interaction.
This project is designed to accelerate the participation of city residents ahead of the
national average. It's estimated that there are 9,000 to 16,000 low income households
which are eligible for the EBB Program. Assuming Community Development Block
Grant (CDBG) funding can be employed to rapidly build and operate the website,
educate city personel and guide marketing efforts, the benefit to low income households
should be considerable.
Deliverable
CGM will build a web -based EBB clearinghouse for the City of Dubuque. Website will
be dedicated to the city, will carry the seal of the city and help eligible, low-income
applicants browse through the offerings of EBB service providers (National wireless
carriers, regional wireless resellers, cable companies, etc.) based on a home address
05122021ba1
entered. It's envisioned that introduction to the site would be through notices sent from
city departments to their eligible community members, and would also take place during
real-time, face-to-face or virtual engagements that occur on a daily basis between city
volunteers and eligible community members.
CGM will meet with City staff (in -person if allowed) to educate them to the EBB program
and its eligibility requirements, and provide training to staff on the use of the
clearinghouse website.
CGM will provide guidance to City marketing personnel regarding language to include
on emails, texts, flyers and posters to introduce the EBB Program and the website.
CGM will lead the effort to engage local broadband service providers that have been
federally approved to offer EBB discounts within the footprints of the city, to list its EBB
service offerings on the websites. CGM will manage the relationship with these carriers
so that as service offerings change the websites will be updated, and as new carriers
are approved they'll be introduced to this initiative.
CGM will track daily activity on the websites, report results to City personnel, and work
with the city to make adjustments where necessary to drive engagement. CGM has
reviewed and understands the requirement of meeting the Community Development
Block Grant program's National Objectives and will report monthly, and provide an
annual report, on activities benefiting low and moderate -income persons and such
other information as requested by the city.
CGM views this project as a living, breathing, first -of -it's -kind thing that will require
nurturing and regular tweaking to succeed. There's a reasonable chance that additional
federal funding may materialize once the initial $3.2 Billion are exhausted. CGM is
hopeful that the results of this project will be a testimonial toward that end, and with the
permission of the city will make the FCC and the Universal Service Administration
Company aware of this initiative.
As part of the EBB enrollment process, most subscribers will also be enrolled in the
federal Lifeline Program. There's a high degree of overlap in the eligibility requirements
between the two programs. CGM will build Lifeline Program capabilities into the
website, so that it can be used solely for promoting Lifeline Program service packages if
the EBB funding is not renewed. If EBB funding is not renewed it's reasonable to think
that participants could maintain their service plans or a reduced version of them with a
combination of Lifeline Program benefits ($9.25/mo.), support from the city, and/or a co -
pay from the subscriber.
CGM will provide real-time customer service support via phone and web site chat
functionality.
Cost and Interval:
05122021ba1
The goal would be to have basic functionality in place as soon as possible, with
secondary features to follow. CGM will conduct a functionality interview prior to
establishing a final design and project scope. There will be two components to our
pricing, a one-time charge to develop and deliver the full functionality of the
clearinghouse (not to exceed $55,000), and a monthly management and maintenance
charge (estimated at $5,000 to $6,000) for which CGM requests a three-year
commitment. The one-time charge will be pursuant to a detailed invoicepaid within forty
five (45) days of product completion and testing. The rest of the fees will be invoiced to
the City of Dubuque monthly, as work is performed.
The Parties enter into this Agreement understanding that it is subject to approval
of use of CDBG funds for this project.
IN WITNESS OF THE FOREGOING, the parties have caused this Agreement to be
signed by their duly authorized officers.
CGM, LLC City of Dubuque, Iowa
By: &44. 61i,"
Name: Charles Campbell
Title: Principal
Date: 5/12/21
By:
Name:
Title: _
Date:
05122021ba1