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Home My WebLink About6.i. FTTH Agreement to Extend Fiber to Fire Station 2 4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: September 18, 2012 AGENDA ITEM: FTTH Agreement to Extend Fiber to Fire AGENDA SECTION: Station #2 Consent IA A PREPARED BY: Jeff May, Finance Director AGENDA NO. W.I. ATTACHMENTS: Agreement APPROVED BY: RECOMMENDED ACTION: Motion to authorize signatures to enter into an agreement with FTTH to extend fiber to Fire Station #2 and to provide it cable television and internet services. ISSUE Get internet and cable television services to Fire Station #2. BACKGROUND When Fire Station #2 was constructed in 2005 it was designed to eventually become the City's Emergency Operating Center (EOC) in the event that the City needed a site for an occurrence that required it. We have never had the opportunity to get the data services to the site that would allow us to utilize the building for such an event. FTTH has approached us with a cost sharing idea that would allow us to get the data services that we need in the building to utilize it as our EOC. It would also allow them to get their services east from the Harmony Additions to the residential neighborhoods that surround Fire Station #2. This item is on the agenda to authorize the necessary signatures on the agreement that would allow this project to proceed forward and be completed by the end of this year. Jeffrey Feldman, the CEO of FTTH, has already signed the agreement so once we have signed the agreement it is their intent to start the project so it will be completed this fall. SUMMARY Recommend the above motion. AGREEMENT This Agreement is made as of this _18th day of September , 2012, by and between the City of Rosemount, Minnesota, a Minnesota municipal corporation ("City"), and FTTH Communications, LLC, a Minnesota limited liability company ("FTTH"). WITNESSETH: WHEREAS, FTTH provides fiber optic interne connection and cable television service in the City of Rosemount, but has not yet connected such service to Rosemount Fire Station 2; and WHEREAS, the City wishes to advance the date on which such services are provided to Fire Station No. 2, and is willing to make payment therefor, in accordance with this Agreement; and WHEREAS, FTTH will benefit from the construction of the fiber optic connection as hereinafter provided at the current time, and is willing to construct the line and share the cost thereof and to provide services to the City as hereinafter set forth, in consideration of the payment provided for herein by the City. NOW, THEREFORE, on the basis of the premises and the mutual covenants and promises hereinafter set forth,the parties agree as follows: 1. FTTH will provide and install a 19" fiber terminal panel and rack in Fire Station No. 2 at a location specified by the City, and connect it to the fiber optic cable described below. 2. FTTH will provide and install a set-top box for television service at a location specified by the City in Fire Station No. 2 and connect it to the panel described in paragraph 1. 3. FTTH will connect existing fiber optic cable or install new fiber optic cable from Fire Station No. 2 through the existing hand hole located on the north side of Fire Station No. 2 next to the rear service driveway and from there bore a new 1.25" duct to a new fiber optic hand hole to be installed by FTTH on the south side of Azalea Avenue and Connemara in front of Fire Station No. 2 and from there utilize existing duct if it is intact and free of breaks or cuts along the south side of Connemara Trail and under Connemara Trail to the existing hand hole north of Connemara Trail on the east side of Brockway Avenue and there connect the fiber optic cable to the FTTH system. The location of the fiber optic cable to be installed is generally shown on Attachment One to this Agreement. 4. All fiber optic cable installed under this Agreement will be 96-strand single mode fiber optic cable laid in 1-1/4 inch duct. Any existing fiber optic cable and duct that does not meet this standard will be replaced by FTTH. 5. FTTH will connect the fiber optic cable to City Hall so that the City Hall will be connected to Fire Station No. 2 with a direct connection to City hall and will utilize the City Hall Firewall equipment to access the internet. 6. FTTH will complete all work required under this Agreement and make all connections necessary no later than December 31, 2012. Upon completion of construction, FTTH will provide all connections necessary for internet connection for Fire Station No. 2 from City Hall and for cable television service to Fire Station No. 2. Upon satisfactory testing of such facilities and such service, the City will provide to FTTH a written letter of acceptance (the date of which will be the"Acceptance Date"). 7. FTTH will provide free basic cable television service to Fire Station No. 2 for five years from the Acceptance Date. 8. Upon completion, the system shall have the capacity of upload and download speeds of 20 Mbps between Fire Station No. 2 and City Hall, but subject to periodic increases as technology changes the standard speed and the majority of subscribers receive a speed greater than 20 Mbps. And FTTH shall maintain the system to provide such capacities at no expense to the City for as long as FTTH Communications is operational from the Acceptance Date. In the event that FTTH communications is no longer in operation the City will assume ownership of the 96 strand fiber optic cable and conduit installed during construction. 9. Within 30 days of the Acceptance Date, the City will pay FTTH $9,814.00 as the sole compensation and consideration for services and facilities provided for herein. 10. FTTH shall act hereunder as an independent contractor and shall control the manner and means of constructing facilities and doing work as required by this Agreement. Nothing herein shall be construed as making FTTH an agent, partner or co-venturer of the City. 11. FTTH shall secure all permits, licenses and approvals needed to perform its obligations under this Agreement, and comply with all federal, state and local laws, ordinances and rules in forming such work. Work shall comply with generally acceptable industry standards and shall be performed in a professional and workmanlike manner. IN WITNESS WHEREOF, the parties hereto, by their authorized representatives, have hereunto set their hands as of the day and date first above written. CITY OF ROSEMOUNT FTTH COM UNICATIONS - -( By: By: Ad V Its Mayor It : L `� And by: Its Clerk T k ,Rc ` 6 3 .sir ' FY• ""w ? € 1 F.. "" !i 'Ae1. 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