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HomeMy WebLinkAbout5.F.5. Memorandum of Understanding for Use of County Fiber Network V' ~ f City of Shakopee MEMORANDUM , ~ ~ ~ TO: Mayor and City Council Mark McNeill, City Administrator 4 , ~ FROM: Kris Wilson, Assistant City Administrator"- SUBJECT: Memorandum of Understanding for Use of County Fiber Network DATE: March 14, 2008 Introduction The Council is asked authorize the appropriate officials to enter into the attached Memorandum of Understanding with Scott County regarding the City's use of their optical fiber network. Background Scott County has recently installed an optical fiber network throughout the county, which will connect the County and its partnering jurisdictions to neighboring counties, the State of Minnesota, and the 511 building in downtown Minneapolis, which is a hub for telecommunication activities in the metro area. The County is willing to let cities within the county connect to and utilize the fiber for our own uses. At this time, the primary benefit to the City of Shakopee will be a fiber Internet connection, which has significantly more speed and capacity than our current Internet connection, which operates off of a single T1 line. Our current Tl line is operating at maximum capacity during the workday and limits our ability to take advantage of things like web-based training and slows the transfer of data for key systems such as accounting and payroll which are housed at LOGIS in Golden Valley. In order to connect to and utilize the County's fiber, the City will need to enter into the attached Memorandum of Understanding (MOU) with the County. The MOU was developed in conjunction with the County and other benefiting cities and has been reviewed by our attorneys. Budgetary Impact By entering into this MOU, the City agrees to pay an annual lateral maintenance fee of $612.50 per year for 10 years. This cost can be accommodated within the adopted operating budget for the IT division and is expected to be partially offset by the elimination of a $37 monthly fee we currently pay for our T1 line. Recommendation Staff recommends that the Council enter into the Memorandum of Understanding. The ability to utilize the County's fiber has multiple benefits to the City and will improve the speed and ease with which we can electronically communicate and share information with the outside world. Requested Action If it concurs, the Council is asked to offer a motion to authorize the appropriate officials to enter into the attached Memorandum of Understanding with Scott County for use of the County's optical fiber network. MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR DEVELOPMENT AND OPERATION OF OPTICAL FIBER NETWORK This agreement is between the County of Scott ("Scott County"); the City of Belle Plaine ("Belle Plaine"), the City of Shakopee ("Shakopee"); the City of Savage ("Savage"), the City of Prior Lake ("Prior Lake"), the City of Jordan ("Jordan"), the City of Elko New Market ("Elko New Market"), the City of New Prague ("New Prague"), collectively referred to as the "Parties." The Parties are governmental units of the State of Minnesota. 1. General Purpose The Parties have an interest in developing an optical fiber based network (the "Network") connecting Scott County's 800 MHz Radio system, the Parties to each other and to the State of Minnesota's Network for Enterprise Telecommunications High Capacity Backbone, MNET, using a combination of optical fiber facilities owned by several of the Parties and network equipment provided by the State to enable the Parties to jointly and cooperatively develop and implement communications among and between their institutional sites. The resulting network will be managed by the State through its'Office of Enterprise Technology and Scott County through its staff, contractors, and consultants. 2. Effective Date and Term The term of this Agreement shall commence on the Effective date of December 1, -2007. 3. Agreement between the Parties The' intended use for each segment of the network is to enable the parties to construct and manage a fiber optic communications network for the purpose of delivering communications services among their respective institutional sites as more fully described below. 3.1 Scott County will: • Provide three pairs of fiber (six fibers) on its fiber ring for the State to operate the public institutional network • Provide for State's use, one pair (two fibers) on the McLeod fiber ring to the 511 Building for operating a public Institutional Network • Provide or arrange for lateral fiber builds or other fiber connections to the Police Departments and/or City Halls of the following cities: o. Savage o .Prior Lake o Elko/New Market o New Prague o Jordan o Belle Plaine o ; Shakopee 12-19-2007 Revision • Provide for maintenance on the Scott County fiber ring and on Scott County's fiber in the McLeod fiber ring and point-to-point fiber. • Arrange and contract with the State for the following services: o Network equipment at two egress points on the Scott County ring. Probable locations are the Savage Tower on Boone Avenue and the Fairfield Tower in the City of Lakeville. Additional egress points maybe added later by agreement between the County and State of Minnesota. o Engineer, furnish and install equipment, and operate an institutional network on the Scott County fiber ring and on Scott County's fibers on the McLeod metro fiber ring to the 511 Building. o Provide an alternate network path for the Parties to this Agreement from the Western Service Center (WSC) to the Scott County fiber ring and the Institutional Network. o Provide a connection from each of the cities on the Scott County ring over the Institutional Network to the Government Center and to any State Agency on the State's network, MNET. Any State services provided directly to the cities over these connections will be provided under standard service agreements. 3.2 The cities of Belle Plaine, Jordan, Shakopee, Savage, New Prague, Elko New Market and Prior Lake will: o Provide the necessary space within their respective facilities (City. Halls, Police Departments and/or Water Towers) for the 800 MHz Radio Equipment and Shelters and Fiber Optic Network Equipment needed to properly operate and maintain the system. o Provide for emergency access for State and County to the radio and network equipment at the cities on a 24 hour per day, 7 day per week, 365. day per year basis. o Reimburse Scott County their proportional annual costs for maintenance of the fiber lateral, as depicted in Appendix A. 4. Payment Each Party to this agreement will bear its own costs in relation to this Agreement with the exception that the Parties shall, as specified in paragraph 3.2 above, shall Reimburse Scott County their proportional annual costs for maintenance of the fiber lateral, as depicted in Appendix A. 5. Network Development, Design, Operation and Management At the direction of the County, the State Office of Enterprise Technology will design the Network and install and manage the electronic devices needed to make the network operational. The Parties shall use all reasonable efforts to maintain their respective.associated fiber facilities to enable the Network to remain fu1Ty functional 12-19-2007 Revision 6. Assignment, Amendments, Waiver, and Contract Complete 6.1 Assignment. No Party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 6.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same Parties who executed and approved the original Agreement, or their successors in office. 6.3 Waiver. If any Party fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 6.4 Contract Complete. This Agreement contains all negotiations and agreements between the Parties. No other understanding regarding this Agreement, whether written or-oral, may be used to bind any Party. 7. Liability'and Insurance Each party to this Agreement shall be liable for the acts of its own agents, volunteers or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of any other party, its agents, volunteers or employees. It is understood and agreed that liability and damages arising from the parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch. 466, the Minnesota Tort Claims Act, Minn. Stat. §3.736, as applicable, and other applicable laws. Each Party warrants that it is able to comply with the aforementioned liability and insurance requirements through an insurance or self-insurance program .and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 or Minn. Stat. §3.736, as applicable. This Agreement shall not be construed as and does not constitute a waiver by any Party of any conditions, exclusions or limitations on the Party's liability provided by Minnesota Statutes, Chapter 466, Minnesota Statutes ~ 3.736 or other applicable law. This clause will not be construed to bar any legal remedies that each Party may have for another's failure to fulfill its obligations under this Agreement. 8. State Audits Under Minn. Stat. § 16C.05, subd. 5, each Party's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. 9. Government Data Practices The Parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each Party under this Agreement, and as it applies-to _all data created, collected, received,-stored, used, maintained, or 12-19-2007 Revision disseminated by any Party under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by any Party: If any Party receives a request to release data referred to in this Clause that was received by the Party receiving the request from another Party, the Party receiving the request to release the data must immediately notify the Party from whom the data originated: The originating Party will give the Party receiving the request to release the data instructions concerning the release of the data to the requesting party before the data is released. 10. Venue Venue for: all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Scott County, Minnesota.- 11. Termination 11.1 Unless terminated sooner as provided by subparagraphs 11.2 and 11.3 herein, this Agreement shall terminate twenty (20) years after the effective date established in paragraph 2 of this Agreement. 11.2 Termination. Any Party may terminate their participation in this Agreement, with or without cause, at any time two (2) years after the Effective Date and upon 180 days written notice of intent to terminate to the other Parties. The termination by one Party will;not terminate the Agreement for the other Parties. This Agreement maybe terminated at any time by agreement of all of the Parties. 11.3 Termination for Insufficient .Funding. The County may immediately terminate this Agreement if it does not obtain adequate funding for the continued operation`of the network, or if the State should withdraw from its obligation for the operation and maintenance of the network. Termination must be by written or fax notice to the other Parties. The County is not obligated to provide or pay for any services that are provided after notice and effective date of termination. The County must provide the other Parties with 180 days notice of cancellation due to the lack of funding. ' 11.4 Ownership. At the end of the term of this Agreement or upon its termination the Parties will continue to own all sections of fiber optic cable that they presently own and the State will own the electronic devices it installed that are referenced in this Agreement. 12. Miscellaneous Provisions Should any provision of this Agreement be found unlawful, the other provisions of this Agreement shall remain in full force and effect if by doing so the purposes of this Agreement, taken as a whole, can be made operative. Should any such provision or article be found unlawful, representatives of the Parties shall meet for the purpose of arriving at an agreement on a lawful provision to replace the unlawful provision or _ _ article. The newly agreed upon-provision or amendment must be approved by the 12-19-2007 Revision governing body of each Party. The cities of Belle Plaine, Jordan, Shakopee, Savage, New Prague, Elko New Market and Prior Lake and Scott County hereby grant each other mutual continuing Licenses for access to their respective property as reasonably needed from time to time, for the installation, maintenance and repair of the Network, which Licenses shall remain in effect for the duration of this Agreement and for such limited time thereafter as is reasonably required for the Parties' access to and removal of their respective property. To the extent practicable, advance notice will be given and mutually convenient arrangements for such access shall be made, and all relevant safety and security policies and procedures of the party to whose property access is being granted shall be followed by the Party, or the Party's employees or agents, being granted access. The Parties shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations (collectively "laws and regulations") now in effect or hereinafter adopted pertaining to this Agreement and to the facilities, programs and staff for which each Party is responsible. If any Party becomes aware of any laws or regulations applicable to this agreement that Party shall notify the other Parties. 14. Execution in Counterparts. This Agreement maybe executed in any number of counterparts and by the parties hereto on separate counterparts, each of which counterparts when so executed and delivered shall be deemed to be an original, and all of which counterparts when taken together shall constitute but one and the same Agreemert. IN WITNESS WHEREOF, the undersigned governmental units have caused this Agreement to'-be executed by its duly authorized officers. COUNTY OF SCOTT APPROVED: By Barb Marschall, Chair David Unmacht Board of Scott County Commissioners Scott County Administrator Date: , 2007 Date , 2007 CITY OF BELLE PLAINE APPROVED: BY Date Tom Meger Mayor City of Belle Plaine Date David Murphy Belle Plaine City Administrator 12-19-2007 Revision CITY OF ELKO NEW MARKET APPROVED: By Date Kent V. Hartzler Mayor City of Elko New Market Date Thomas M. Terry Elko New Market City Administrator CITY OF JORDAN APPROVED: BY Date Ron Jabs Mayor City of Jordan Date Ed Shukle Jordan City Administrator CITY OF PRIOR LAKE APPROVED: BY Date Jack G. Haugen Mayor City of Prior Lake Date Frank Boyles Prior Lake City Manager CITY OF SAVAGE APPROVED: BY Date Janet Williams Mayor City of Savage Date Barry Stock Savage City Administrator Fiber/800 MHz MOA with Cities 6 CITY OF SHAKOPEE APPROVED BY Date John J. Schmitt Mayor City of Shakopee Date Mark McNeill Shakopee City Administrator CITY OF NEW PRAGUE APPROVED: BY Date Bink Bender Mayor City of New Prague Date Jerome Bohnsack New Prague City Administrator Fiber/800 MHz MOA with Cities ~ EXHIBIT A Annual Maintenance for Laterals -Initial 10 years Segments 10 Year -Annual Cost • Belle Plaine $1049.75 Jordan $555.75 New Market $855.00 New Prague $475.00 Prior Lake $570.00 Savage $427.50 .Shakopee $612.50 Fiber/800 MHz MOA with Cities $