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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