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University of Dubuque I-Net User AgreementTHE CITY OF DuB E MEMORANDUM ~-~-~ February 28, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager ~ -. ~, _. SUBJECT: University of Dubuque I-Net User Agreement Cable TV Coordinator Craig Nowack is recommending approval of an I-Net User Agreement with the University of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. C-;' ,2 ~~ ~~~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Craig Nowack, Cable TV Coordinator THE CITY OF Dus E MEMORANDUM ~-~~ TO: Michael C. Van Milligen, City Manager FROM: Craig Nowack, Cable TV Coordinator ~~ ~~ DATE: February 19, 2007 RE: University of Dubuque I-Net User Agreement INTRODUCTION The purpose of this memorandum is to request your signature on an I-Net User Agreement with the University of Dubuque. BACKGROUND The Cable Franchise Agreement that went into effect on June 5, 2005, called for the creation of a city-wide institutional network, or I-Net. Mediacom ostensibly completed the I-Net by the end of 2006. According to the Cable Franchise Agreement, each Authorized User must sign a written agreement prohibiting commercial use of the I-Net or any use inconsistent with the Cable Franchise Agreement. The University of Dubuque is ready to use the I-Net; the signed original of its User Agreement is attached. RECOMMENDED ACTION I respectfully request that you sign the attached User Agreement and forward to the City Council to receive and file. Please return the original to me; I will send a copy to the University of Dubuque, keep a copy in my office, and send the original to the City Clerk's office. cc: Barry Lindahl, City Attorney Randy Gehl, Public Information Officer INSTITUTIONAL NETWORK USER AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND UNIVERSITY OF DUBUQUE This Institutional Network User Agreement is dated for reference purposes the !~'~"day of ~G ua.r , 2007, by and between the City of Dubuque, Iowa, (City), whose address for the purposes of this Agreement is City Hall, 50 W. 13tH Street, Dubuque, Iowa, and University of Dubuque (User), whose address for the purposes of this Agreement is 2000 University Avenue, Dubuque, Iowa. Whereas, Section 6(h) of the 2005 Franchise Agreement (the Franchise Agreement) between City and Mediacom establishes an institutional network (I- Net) utilizing fiber optic cable; and Whereas, the I-Net links public, educational, and governmental facilities in the City of Dubuque; and Whereas, the dark fiber I-Net is designed and constructed by Mediacom as a single-mode fiber loop, which allows each of the designated locations to originate and receive fully interactive video, data, and voice signals; and Whereas, constructidn specifications for the I-Net are outlined in the Franchise Agreement, which provides that additional fiber for home and business subscribers may co-locate alongside the institutional fiber, but shall be separate from the subscriber network; and Whereas, City, along with designated educational and institutional locations, shall only have such rights regarding the l-Net fibers as set forth in the Franchise Agreement; and Whereas, the Institutional Network User Agreement (User Agreement) is designed to help protect the City, Mediacom, and designated institutional locations; and Whereas, the Franchise Agreement provides that management of the fiber loop, on the institutional side, is headed-up by an I-Net Coordinator (the Coordinator), a City employee or designee, who convenes and facilitates the activity of the Institutional Network Consortium (the Consortium); and Whereas, the Coordinator and the Consortium act in the general best interests of the combined wishes of the designated institutions, and complying with the conditions of the Franchise Agreement is always the guiding instrument; and Whereas, the intent of the User Agreement and subsequent I-Net and Consortium policy is to (1) protect all stakeholders from irresponsible or illegal activity, (2) identify the overriding jurisdiction of the Franchise Agreement, and (3) provide a single depository of useful information for all stakeholders; and Whereas, the User Agreement contains anon-exclusive list of actions that may be detrimental to the health of the l-Net; and Whereas, it is the responsibility of the Coordinator, working in concert with the Consortium, to review the User Agreement and subsequent policies of the Consortium and recommend changes whenever necessary; and Whereas, in the event a discrepancy or contradiction exists between this User Agreement or subsequent policies of the Consortium or the I-Net and the Franchise Agreement, the Franchise Agreement takes precedence. NOW THEREFORE, IT lS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. USE OF 1-NET. City hereby grants to User permission to use the I- Net upon the terms and .conditions set forth herein. The User is designated as R for each of the sites listed in Section 10. SECTION 2. RESTRICTIONS ON I-NET USE. User agrees that it will not use the I-Net in any manner inconsistent with the Franchise Agreement, Ordinance 28-05, as it may be amended from time to time; this User Agreement; and subsequent policies covering the Consortium and the I-Net, including but not limited to, the following restrictions: (1) The I-Net may not be used for resale or for commercial purposes. (2) A user designated as an R or E site may not use the I-Net on a regular basis for communications that travel over facilities that are not part of the I-Net or of the institution's own internal network. (3) A user designated a$ an E site may use the I-Net only for community emergency purposes, including emergency readiness. SECTION 3. PRIMARY CONTACT. User shall provide to City the name and contact information for a Primary Contact, including 24-hour telephone contact information, who shall be responsible for providing access to City and its representatives as necessary to assess, repair, or perform corrective measures at User's location. User shall provide timely updates to City with respect to such contact information as it changes from time to time. 2 SECTION 4. EQUIPMENT. The purchase and maintenance of all equipment necessary to activate User's portion of the fiber-optic network shall be the sole responsibility of User. User shall notify the Coordinator of activation and use of any section of the I-Net. SECTION 5. RESPONSIBILITY FOR WIRING. All 1-Net wiring on User's side of the demarcation point and all I-Net electronics are the sole responsibility of User. User shall reimburse City for all costs associated with locating or repairing any failure which is reported to City but which is subsequently determined to have occurred on User's side of the demarcation point. SECTION 6. USE OF CORE/RING FIBER. User shall not use any fiber connecting core/ring sites without the prior written approval of City. SECTION 7. ASSUMPTION OF RISK. City shall not be liable for any {oss, damage, or appropriateness of use incurred by User in conjunction with the I-Net, and User agrees to defend, indemnify and hold City, its officers, agents, and employees from and against any and all claims arising out of User's use of the I- Net. SECTION 8. CEASE AND DESIST. Upon receipt from City of written notification of a violation of this User Agreement, User shall immediately cease and desist all such conduct. SECTION 9. TERMINATION. City may terminate this User Agreement for any material violation of this user Agreement upon twenty-four (24) hours written notice to User. SECTION 10. DESIGNATED SITES. This User Agreement covers each of the sites listed below: • University of Dubuque, 2000 University Avenue • University of Dubuque Theological Seminary (co-located with the University of Dubuque) • University of Dubuque Flight School, 11070 Airport Road SECTION 11. By signing this document, User's representative acknowledges that such representative has read, understands, and accepts the terms and conditions of this User Agreement, the Franchise Agreement, and 1-Net and Consortium Policy, as they may be amended from time to time, and that such representative is authorized to execute this User Agreement on behalf of User. 3 CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen City Manager Date: ~ ~ (l~ 0 UNIVERSITY OF DUBUQUE By: Laura Grandgene Chief Technology Officer Date: ~- i 9' ~9s-7 4 PRIMARY CONTACT INFORMATION Sherry Cusick, Senior Network Administrator During regular business hours, reach her via the UD Help Desk: 563-589-3737 After regular business hours, reach her via UD Security: 563-589-3135 563-580-0444 5