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HomeMy WebLinkAbout2021-06-21-I01K 28E Agr_WCSD_Shared Use of Fiber Optic NetworkAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 21, 2021 AGENDA ITEM:Consideration of approval of a resolution approving 28E Agreement between Waukee Community School District and the City of Waukee, Iowa for Share Use of Fiber Optic Network FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Waukee Community School District (WCSD) is installing fiber optic infrastructure and desires to connect to the existing fiber optic network owned by the City. Both the WCSD and the City find that such joint or cooperative actions relative to allowing and providing for the installation, use and maintenance of communication facilities and networks by the respective parties will be to their mutual advantage. This agreement mirrors the existing agreement the City has with the Iowa Communications Network (ICN) for the same purposes. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: WCSD and City staff have worked over the past several months to prepare this agreement. City IT, PW and Legal staff have been involved with this effort and find the agreement acceptable. RECOMMENDATION: Approve the resolution and agreement. ATTACHMENTS: I. Resolution II. 28E Agreement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK I1K 1 THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING 28E AGREEMENT BETWEEN THE CITY OF WAUKEE AND THE WAUKEE COMMUNITY SCHOOL DISTRICT FOR SHARED USE OF FIBER OPTIC NETWORK IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA This 28E AGREEMENT, entered into between the City of Waukee, an Iowa municipal corporation in the State of Iowa (hereinafter referred to as "City"); Waukee Community School District, (hereinafter referred to as "WCSD"). WHEREAS, the City is a municipal Corporation duly formed and existing pursuant to Iowa law; AND, WHEREAS, WCSD is installing certain fiber optic infrastructure that it desires to connect to the existing fiber optic network owned by the City of Waukee; AND, WHEREAS, the WCSD desires to connect to the City’s network in order to connect its various facilities located within the City; AND, WHEREAS, the WCSD and the City find that such joint or cooperative action relative to allowing and providing for the installation, use and maintenance of communication facilities and networks by the respective parties will be to their mutual advantage, and the WCSD and the City believe that an agreement pursuant the Iowa Code Chapter 28E should be entered into for this purpose; AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approve a 28E Agreement between the City of Waukee, Iowa and the Waukee Community School District for shared use of fiber optic network is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 21st day of June, 2021. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk 2 RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 Chapter 28E Agreement Recorder’s Cover Sheet Preparer Information: Steven P. Brick 6701 Westown Parkway, Ste 100 West Des Moines, IA 50266 Phone: (515) 274-1450 Taxpayer Information: N/A Return Address Steven P. Brick 6701 Westown Parkway, Ste 100 West Des Moines, IA 50266 Grantors: N/A Grantees: N/A Legal Description: N/A Document or instrument number of previously recorded documents: N/A 2 28E AGREEMENT BETWEEN WAUKEE COMMUNITY SCHOOL DISTRICT AND CITY OF WAUKEE, IOWA FOR SHARED USE OF FIBER OPTIC NETWORK THIS AGREEMENT is made and entered into this _____ day of ___________, 20__, by and between the WAUKEE COMMUNITY SCHOOL DISTRICT (hereinafter referred to as “District”) and the CITY OF WAUKEE, IOWA (hereinafter referred to as “City”). WHEREAS, District is a school corporation organized and existing under the laws of the State of Iowa, and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS, City is a municipal corporation recognized and existing under the laws of the State of Iowa, and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS, City owns a fiber optic network within the City as more particularly identified on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, District is installing certain fiber optic infrastructure that it desires to connect to the existing fiber optic network owned by the City; and WHEREAS, District desires to connect to the City’s network in order to connect to its various facilities located within the City; and WHEREAS, public and private agencies may enter into an agreement for joint or cooperative action pursuant to Iowa Code Chapter 28E; and WHEREAS, the District and the City find that such joint or cooperative action relative to allowing and providing for the installation, use and maintenance of communication facilities and networks by the respective parties will be to their mutual advantage, and the District and the City believe that an agreement pursuant to Iowa Code Chapter 28E should be entered into for this purpose. NOW, THEREFORE, in consideration of the mutual promises set forth below, and pursuant to Iowa Code Chapter 28E, the parties agree as follows: Section 1. Definitions. The following words shall have the meanings set forth below. Words in the singular shall be held to include the plural and vice versa. A.“Agreement” means this document and any amendments to this document or any other documents specifically incorporated into this agreement by reference. B.“Fiber Network” shall mean the Fiber, Ducts and Associated Equipment as identified in Exhibit A and as situated within the Network owned by each of the respective Parties. 3 C.“Duct” means one or more buried PVC or HDPE conduit for the purpose of enabling the installation of one or more fiber optic strands installed by, owned by (jointly or individually) the respective Parties, identified on the Exhibit(s) attached hereto. D.“Equipment” means facilities or equipment provided, owned or installed by each respective Party in, around or on the Designated Fiber within a Fiber Network. E.“Fiber” means a glass strand or strands protected by a color-coded buffer tube and used to transmit a communication signal in the form of pulses of light. F.“Fiber Segment” means a length of Fiber between designated points. All Fiber Segments applicable to this Agreement are identified on Exhibit A, and each individual Fiber Segment may be referred to by the two alphabetical letters indicating the two Location Points on either end of that Fiber Segment. G.“IRU” or “Indefeasible Right to Use” means the exclusive, unrestrictive and indefeasible right to use the relevant capacity (including equipment, fibers or capacity) for any legal purpose. H.“Location Point” means the endpoint of a Fiber Segment. Specific Location Points are referred to by the alphabetical letter designated its location as shown on Exhibit A. I.“Proportional Share” is a percentage calculated by taking the number of Fibers owned or used within a specific Duct or sheath and dividing that number by the total number of Fibers housed within the same Duct or sheath, for each the City and WCSD, within the Duct or sheath. J.“Re-locate” shall mean when it is necessary to re-locate a current fiber facility to a different location. K.“Restoration” shall refer to restoring fiber optic cable to service after damage or cut incident. Section 2. Description of City Fiber Optic Network. The pertinent City Duct, City Equipment and Fiber owned by the City which currently exists is identified on Exhibit A attached hereto. The existing City facilities are identified by solid lines on said Exhibit A. Section 3. Party District Improvements and Connection Points. The District has installed a District Duct along LA Grant Parkway (segment P-R) and Dartmoor Drive (segment T- S) indicated by a solid line with intermittent dots overlaid on the line on Exhibit A. The District has made connection to the existing City network at the location points “P” and “S” identified on Exhibit A. As part of its installation of its facilities at Segment P-R, the District installed two 12 count single mode cables, at its sole cost. One of the 12 count single mode cables installed by the District 4 shall be dedicated by the District for use by the City and the City shall have an IRU in said cable thereafter. The District has installed, at its cost and expense, a 48 count single mode cable between Segment S-T on Exhibit A. The District shall dedicate for use by the City 12 single mode fibers contained in the orange tube within the cable installed by the District in the S-T Segment and the City shall have an IRU in said Fiber thereafter. The District may, at its option, cost, and expense, install a single mode Fiber Cable within Fiber Segment Z-AA. If the District completes this installation, the District will dedicate to the City’s use 12 individual Fibers contained in the Fiber Cable installed by the District in the Z-AA Segment, and the City shall have an IRU in said Fiber thereafter. The District is authorized to connect to the City network at locations P, I, H, S, Z, Y and AA to the fiber allocated to the District identified on exhibit A. For the purpose of this agreement, fiber allocated to the district within the City’s Fiber Network shall be considered IRU’d to the District during the term of this agreement, until terminated. Section 4. City/District Responsibilities. Each party’s connection to the other party’s Fiber Network shall be undertaken as follows: A.All splicing service undertaken shall comply with the standards set forth on Exhibit B attached (“Splicing, Testing and Acceptance Standards for Single Mode Fiber”) which are incorporated into this agreement by reference. All other installation undertaken by each party hereunder shall be performed in a professional and workman like manner in accordance with generally accepted industry standards for performance of similar tasks and projects. Any services performed in violation of these standards which damages the other party’s Fiber Network or leads to an unnecessary interruption in service across the other party’s Fiber Network will be corrected at the infringing party’s cost. B.The District shall obtain any and all necessary permits, including but not limited to right of way permits from the City in accordance with applicable ordinances for any Ducts, Fiber, and associated Equipment installed by the District hereunder. C.Each party shall not permit its employees or contractors to rearrange, disconnect, remove, or attempt to repair the other party’s owned Duct, Fiber, or associated Equipment without the written consent of the other party, which may be given via electronic mail. D.Each Party shall schedule its installation activities with the other party in advance when the specific activity involved requires access to the other party’s Fiber Network. Any work performed by a party that does not require access to or connection to the other party’s Fiber Network is not required to be scheduled with the other party. Section 5. Maintenance. Each party shall be responsible for maintaining the lines it installs and retains ownership of, as well of its existing network, at its sole cost and expense. 5 A.However, if a Fiber Segment owner incurs any costs associated with Fiber repairs, Fiber restoration, or Fiber relocation, the owner shall be reimbursed based upon the other party’s proportional share of fibers. In the event that the fiber repairs are necessitated by fiber damage caused by a third party, Fiber Segment owner will first attempt to recover the cost of repair from the negligent third party. If Fiber Segment owner is unable to recover the full cost of damage repair from the third party, the parties shall proportionally share of the costs for the repair. In the event of a fiber cut or other need for an emergency repair, upon notification by the other party, the Fiber Segment owner shall commence to respond to correct the interruption in service. In the event of a service interruption, the parties shall contact each other’s representatives at the following phone numbers: City District Public Works Director 515-978-7920 Director of Technology 515-987-5161 IT Director 515-978-7945 B.Upon repair and when appropriate, the party performing the repairs will invoice the other party for their proportional share of the costs for the repair. C.If the District, or a contractor operating under the direction of the District performs any activity, such as, but not limited to: splicing, accesses splice cases, or performs any other procedure that could accidentally disrupt the passage of light in the Fibers or otherwise directly impact the City’s designated fibers, the activity must be preplanned five (5) working days in advance and performed during established City Maintenance Windows (normally 12:00AM – 6:00AM.). The District shall call the City at 515-987-7920 and 515-978-7945 to coordinate appropriate maintenance windows. The five working day notice does not apply to emergency repairs. D.Unless otherwise specifically provided in this agreement, the District and Waukee shall proportionally share costs as they relate to, but not limited to, changes, upgrades, and emergency repairs, etc. that are or may be required in order to maintain proper operation of the IRU’d fiber located within the City Limits of Waukee. Cost sharing shall be calculated based on each Party’s proportionate share of fibers within each fiber segment. If cable changes or modifications, except relocates or moves, to IRU’d fiber are at the request or requirement of City or District, the requesting/requiring Party shall be responsible for the associated costs. If cable located within the City of Waukee is requested or required to be moved or relocated by Waukee, the cost shall be shared proportionally between the District and City. If the fiber located with the City limits of Waukee must be moved or altered at the request or requirement of a third party, and if the cost is unable to be recovered from the third party, the cost shall be shared proportionally between the District and City. 6 If City or District allocates some of their fibers to other entities, it shall be the fiber owner’s responsibility to collect the fair/proportional share of costs for relocates and/or repairs from those entities. E.The District shall save and hold City harmless from any and all third party claims, demands, suits, and/or damages, including but not limited to attorney’s fees, expenses and costs incurred by the City in defending the same, that may arise by virtue of an “interruption of service” caused by work performed by the District hereunder on the City Fiber Network, except for “interruptions in service” scheduled with the City in advance under Section 5(B) of this Agreement.. F.The City shall save and hold District harmless from any and all third party claims, demands, suits, and/or damages, including but not limited to attorney’s fees, expenses and costs incurred by the City in defending the same, that may arise by virtue of an “interruption of service” caused by work performed by the City on the District Fiber Network hereunder, except for “interruptions in service” scheduled with the District in advance under Section 5(B) of this Agreement. Section 6. Taxes and Other Charges. The parties shall pay any and all taxes, assessments, fees, utilities, and other public charges or charges in lieu of taxes related to their respective properties, if any. Section 7. Duration. The duration of this Agreement shall be from the date of filing of the Agreement with the Iowa Secretary of State in accordance with Iowa Code Section 28E.8 following approval and execution by both parties, and continue until terminated as provided in Section 8 of this Agreement. Section 8. Termination. This Agreement may be terminated by mutual agreement of the parties. In the absence of mutual agreement, either the District or the City may terminate this Agreement by giving written notice of termination to the other party at least one hundred eighty (180) days before the effective date of termination. Upon termination of this Agreement, the party terminating this Agreement shall, at its own expense, disconnect its Fiber network from the other Party’s Fiber Network at the Location Points used for the original connections hereunder. The disconnection required by this Section shall be completed no later than the effective date of termination. Section 9. Notices. All notices given under this Agreement shall be sent by certified mail to the following addresses, or such other addresses as may be designated by the parties in accordance with this section: To the District: Attn: Superintendent Waukee Community School District 560 SE University Ave Waukee, Iowa 50263 To the City: Attn: City Administrator 7 City of Waukee, Iowa 230 W Hickman Rd. Waukee, Iowa 50263 Section 10. Governance. No separate legal or administrative entity or joint board shall be created by this Agreement. The District Superintendent or their designee, and for the City, the City Administrator or their designee, shall be designated as the administrator for each party of the Agreement for purposes of Iowa Code Chapter 28E. Section 11. Property. It is not contemplated that any real or personal property will be acquired for the purpose of carrying out the terms of this Agreement. The fiber installed herein will be owned by the respective parties herein and not owned by any separate entity. Section 12. Liability Insurance. Throughout the duration of this Agreement, the City and the District shall each carry, at their own expense, liability insurance for protection from any liability arising out of any accident or other occurrence causing any injury and/or damage to any person or property maintained by the respective parties. Each party shall be furnished with a certificate of insurance evidencing the required insurance upon request. Section 13. Indemnification. To the extent permitted by law, the City and the District each agree to defend, indemnify, and hold harmless the other party, and the other party’s directors, officers, employees, elected officials, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney fees, to the extent arising from the acts or omissions of the indemnifying party under this Agreement. Section 14. Parties’ Relationship. The relationship between the parties is that of independent contract. Neither of the parties, nor their employees or agents, have any authority to act for or on behalf of the other party unless specifically agreed to in writing. Section 15. Compliance with Laws. Each party agrees to comply with all applicable federal, state, and local laws and regulations in connection with the performance of its obligations under this Agreement. Section 16. Entire Agreement. This Agreement supersedes all agreements previously made between the parties relating to the subject matter of this Agreement. There are no other understandings or agreements between the parties relating to the subject matter addressed herein. Section 17. Amendments. This Agreement may be amended by the parties at any time by the adoption of a written amendment by the Board of Directors of the District, and the City Council. Section 18. Headings. The headings or captions in this Agreement are for convenience of reference only and shall not be used to interpret or construe its provisions. Section 19. Non-Waiver. No delay or failure by either party to exercise any right or remedy under this Agreement shall constitute a waiver of that or any other right or remedy, unless otherwise expressly agreed to in writing. 8 Section 20. Governing Law and Forum. This Agreement shall be construed in accordance with and be governed by the laws of the State of Iowa. Section 21. Severability. If any provision of this Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. Section 22. Adoption. Each party represents and warrants that it has duly authorized the adoption of this Agreement in accordance with applicable law. Section 23. Assignment. Neither party may assign this Agreement or subcontract any of the duties in whole or in part, without the written agreement of the other party. The parties specifically understand and agree that the fiber segments dedicated hereunder are for the sole use of the respective parties to this Agreement, and may not be used by any other party without the express consent of the other party. Section 24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Section 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective officers pursuant to full authority granted as of the date first above written. WAUKEE COMMUNITY CITY OF WAUKEE, IOWA SCHOOL DISTRICT By: ________________________________ By: ________________________________ Name: Lori Lyon Name: Courtney Clarke Title: School Board President Title: Mayor 9 EXHIBIT A 10 Exhibit A 11 Exhibit A 12 EXHIBIT B Splicing, Testing, and Acceptance Standards for Single Mode Fiber 1.All splices will be performed with an industry-accepted fusion splicing machine as per City splicing requirements. 2.Splices will be qualified during the initial construction by the core alignment system on the fusion splicer. 3.After end-to-end (site-to-site) connectivity on the fibers, the installing contractor will complete bi-directional fiber segment testing. These measures will be made after all cable installation activities are complete for each fiber segment. Connectors will be cleaned as necessary to ensure accurate measurements are taken. Installed loss measurements at 1550nm will be recorded using an industry accepted laser source and power meter. Continuity testing (checking for “frogging”) will be done on all fibers concurrently. OTDR traces will be taken at 1550nm and splice loss measurements will be analyzed. Bell Core format will be used on all traces, unless both parties agree to another OTDR format. All testing, power levels and OTDR traces will be conducted at 1550nm. Installing Agency will pay for the testing at the 1550nm level. OTDR traces shall be saved in a standard file naming convention. One set of OTDR traces will be provided to each the City and District via electronic format. 4.The splicing standards are as follows: The objective loss value of the connector and its associated splice will be 0.50 dB or less. The objective for each fiber within a fiber segment shall be an average bi- directional loss of 0.15 dB or less for each splice. For example, if a given fiber segment has 10 splices, each fiber shall have a total bi-directional loss (due to the 10 splices) of 1.5 dB or less. Individual bi-directional loss values for each splice will be reviewed for high losses. The aforementioned standards are objectives, not the basis of acceptance. The acceptance standard for each fiber per segment shall be calculated as follows: Span Loss = a (span distance in kilometers) + b (0.15 dB/splice) + c (0.50 dB/connector) Where: a = maximum fiber loss in dB per kilometer for the specific fiber type/manufacturer at 1550nm b = number of splice locations for the fiber segment c = number of connectors for the fiber segment 5.All connector splices will be protected with heat shrinks. Buffer tubes/ribbons will not be split across more than one splice tray. An industry accepted splice enclosure will be used on all splices. Fiber Standards 1.Single mode fiber shall meet the SMF-28 standard. 2.Multimode fiber shall meet the ISO 11801 standard if allowed at the City’s discretion. The fiber segment shall be installed underground in a PVC or HDPE conduit unless an alternative installation method is approved by the City.