I-Net User Agreements with Loras College and Clarke UniversityCity of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyright 2014
Consent Items # 22.
I -Net User Agreements with Loras College and Clarke
University
City Manager recommending approval for the City Manager
to execute I -Net Agreements with Loras College and Clarke
University to connect the two campuses using Dubuque's I -
Net.
Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description
Loras College and Clarke University I -Net Agreement-
MVM
greementMVM Memo
Staff Memo
Clarke User Agreement
Loras User Agreement
Type
City Manager Memo
Staff Memo
Supporting Documentation
Supporting Documentation
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Loras College & Clarke University I -Net Agreements
DATE: December 13, 2016
Dubuque
hietzl
AH -America City
2007 • 2012 • 2013
Cable TV Coordinator Craig Nowack recommends City Council approval for the City
Manager to execute I -Net Agreements with Loras College and Clarke University to
connect the two campuses using Dubuque's I -Net.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
an,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Craig Nowack, Cable TV Coordinator
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Craig Nowack, Cable TV Coordinator
DATE: December 13, 2016
RE: Loras College & Clarke University I -Net Agreements
Dubuque
rad
INTRODUCTION
The purpose of this memorandum is to request your signature on I -Net agreements with
Loras College and Clarke University.
BACKGROUND
The Cable Franchise Agreement that went into effect in June 2005 called for creation of
a city-wide institutional network, or I -Net. Construction of this dark fiber network was
completed at the end of 2006. Per the Franchise Agreement, each authorized user
must sign a written agreement prohibiting commercial use of the I -net or any use
inconsistent with the Franchise Agreement.
A state law passed in 2007 allowed incumbent cable providers the opportunity to
convert their municipal cable franchise agreements to state franchises when a
competitor applied for a state franchise to offer service in the municipality. Mediacom
obtained a state franchise in 2008 and added Dubuque to its service area a year later
when a competitor filed an application to offer cable service in nearly 300 Iowa
communities including Dubuque. The 2007 state law requires an incumbent cable
provider to provide ongoing support for an existing institutional network during the term
of the cable provider's first state franchise. While Dubuque's municipal cable franchise
would have required Mediacom support until June 2020, such support under a state
franchise might possibly end as early as the expiration of Mediacom's first state
franchise in February 2018.
On December 1, 2016, Clarke University Chief Technology Officer Andy Bellings
contacted me about the possibility of Clarke University and Loras College using
Dubuque's I -Net to connect the two campuses. Both institutions are part of the core
ring that forms the heart of the I -Net. Information Services Director Chris Kohlmann and
I both informed him of the short remaining life of the I -Net, and Chris has offered to
meet with them to help find longer-term solutions to their connectivity needs. While they
are interested in pursuing a longer-term solution, their need now is immediate and they
would like to make their connection via the I -Net.
RECOMMENDED ACTION
I respectfully request the attached I -Net user agreements with Loras College and Clarke
University and forward to City Council to receive and file.
cc: Randy Gehl, Public Information Officer
Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Chris Kohlmann, Information Services
David Lyons, Greater Dubuque Development Corporation
2
INSTITUTIONAL NETWORK USER AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LORAS COLLEGE
This InstitutionalJN)etwork User Agreement, dated for reference purposes
the I day of -/-5,-re.-t4er- , 201.e is made and entered into 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 Loras College
(User), whose address for the purposes of this Agreement is 1450 Alta Vista
Street, Dubuque, Iowa.
Whereas, Section 6(h) of the 2005 Franchise Agreement (the Franchise
Agreement) between City and Mediacom/kv(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 was 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, construction 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 I -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 the Coordinator's designee; and
Whereas,, the Coordinator acts 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
120716baI
Whereas, the intent of the User Agreement 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 a non-exclusive list of actions that
may be detrimental to the health of the I -Net; and
Whereas, it is the responsibility of the Coordinator to review the User
Agreement and recommend changes whenever necessary; and
Whereas, in the event a discrepancy or contradiction exists between this
User Agreement or subsequent policies and the Franchise Agreement, the
Franchise Agreement takes precedence.
NOW THEREFORE,, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
SECTION 1. USE OF I -NET. City hereby grants to User permission to use the
I -Net upon the terms and conditions set forth herein. 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 City policies covering 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 as 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.
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
2
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 I -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 loss,
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 delivered to User.
SECTION 10. DESIGNATED SITES. This User Agreement covers each of the
sites listed below:
• Loras College, 1450 Alta Vista Street
SECTION 11. By signing this User Agreement, User's representative
acknowledges that such representative has read, understands, and accepts the
terms and conditions of this User Agreement, the Franchise Agreement, and I -
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.
Dated:
/) cqg
CITY OF DUBUQUE, IOWA
By:
Michael C. an Milligen
City Manager
Dated: /-?//06.
LORAS COLLEGE
By:
Michael H. Doyle
CFO
F:\Users\tsteckle\Lindahl\Agreements\Clarke User Agreement_120716.doc
3
PRIMARY CONTACT INFORMATION
Jeremy Bushman
563-588-4960 work
563-590-6445 cell
Tom Kruse
563-588-4948 work
563-599-0549 cell
INSTITUTIONAL NETWORK USER AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CLARKE UNIVERSITY
This Institutional Network User Agreement, dated for reference purposes
the rz day of bete.p.,,lors , nyk is made and entered into 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 Clarke University
(User), whose address for the purposes of this Agreement is 1550 Clarke Drive,
Dubuque, Iowa.
Whereas, Section 6(h) of the 2005 Franchise Agreement (the Franchise
Agreement) between City and Mediacom (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 was 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, construction 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 I -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 the Coordinator's designee; and
Whereas, the Coordinator acts 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
120716ba1
Whereas, the intent of the User Agreement 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 a non-exclusive list of actions that
may be detrimental to the health of the I -Net; and
Whereas, it is the responsibility of the Coordinator to review the User
Agreement and recommend changes whenever necessary; and
Whereas, in the event a discrepancy or contradiction exists between this
User Agreement or subsequent policies and the Franchise Agreement, the
Franchise Agreement takes precedence.
NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
SECTION 1. USE OF I -NET. City hereby grants to User permission to use the
I -Net upon the terms and conditions set forth herein. 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 City policies covering 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 as 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.
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
2
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 I -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 loss,
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 delivered to User.
SECTION 10. DESIGNATED SITES. This User Agreement covers each of the
sites listed below:
• Clarke University, 1550 Clarke Drive
SECTION 11. By signing this User Agreement, User's representative
acknowledges that such representative has read, understands, and accepts the
terms and conditions of this User Agreement, the Franchise Agreement, and I -
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.
. /!//
Dated:
CITY OF DUBUQUE, IOWA
Dated: 2.112-1
CLARKE UNIVERSITY
By: / By:
Michael C.IVan Milligen Andy Begs
City Manager Chief Technology Officer
F:\Users\tsteckle\Lindahl\Agreements\Clarke User Agreement_120716.doc
3
PRIMARY CONTACT INFORMATION
Roberto Dominguez
563.588.6408 office
563.564.6427 cell
Brian Mueller
563.588.6451 office
563.543.7866 cell
C
December 13th, 2016
ar C
U'NIVE'RSITY
Michael C. Van Milligen
City Manager, City of Dubuque
Mr. Roy D. Buol
Mayor, City of Dubuque
Mr. David T. Resnick
Council Person, City of Dubuque
Mr. Jake A. Rios
Council Person, City of Dubuque
C.E
Mr. Ric W. Jones
Council Person, City of Dubuque
Mr. Kevin J. Lynch
Council Person, City of Dubuque
Mr. Luis Del Toro
Council Person, City of Dubuque
Ms. Joyce E. Connors
Council Person, City of Dubuque
Re: Request to use the I -NET fiber to connect the Loras College and Clarke University networks together
Dear Honorable City Manager Michael Van Milligen, Honorable Mayor Buol and Honorable Members of the Dubuque
City Council:
We request the use of the I -NET fiber network to connect the Loras College and Clarke University networks together
as a public-private partnership between our institutions, the City of Dubuque and Mediacom.
Specifically, we are asking to connect our networks together utilizing the I -Net fiber. We propose to have the I -NET
fiber connect to a switch on each campus and tie our networks together via the firewall on the Loras campus. We
are planning to have our DR sites at each other's campus along with internet pipes on each campus. Traffic will flow
between the two campuses via the Loras firewall over the I -NET fiber. We will not be directly connecting an internet
pipe to the [-NET fiber.
We understand that the l -NET agreement between Mediacom and the City may expire in the next few years and that
we need to be researching other options for providing this connection in the future. In the long run, our two
institutions will be looking at options for a metropolitan area network via the City of Dubuque in a public-private
partnership or through a vendor such as CenturyLink or some other solution.
Thank you for your consideration