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HomeMy WebLinkAboutItem 06.l Date: Item No. JOINT POWERS AGREEMENT CITY OF LAKEVILLE/DAKOTA COUNTY CITY-WIDE FIBER OPTIC NETWORK Proposed Action Staff recommends adoption of the following motion: Move to approve a Joint Powers Agreement with Dakota County for the development of a city-wide fiber optic network. Overview Dakota County over the past several years has been partnering with other public entities within the county to install local fiber networks to interconnect government facilities. As discussed at the January City Council work session, IS staff has been working to develop a partnership to install a shared fiber network that would benefit both parties. The proposed Joint Powers Agreement (JPA) defines the cooperative effort between the two entities by defining the fiber segments being built, which segments are leased, and what the two entities are responsible for. The goals for the city fiber optic network are to improve network performance between facilities, network servers, connection to other government entities, and reduce annual costs. The network outlined in the Joint Powers Agreement is a mix of city owned, shared, and leased connections from the county and is proposed to be built in two phases spanning 2017 and 2018. IS staff has reviewed several design scenarios and have developed an optimized plan that will provide the best return on investment for the city as outlined in the attached Joint Powers Agreement. To remove limitations with the current leased network, reduce annual costs, and allow for future capacity, IS staff is recommending approval of the Joint Powers Agreement with Dakota County. Primary Issues to Consider Key issues with the current leased network include: (See attached) Financial Impact: $ - 2017 $306,000 – 2018________________________________ Budgeted: Y☒ N☐ Source: Communications, General, Utility, and Liquor Funds______ Related Documents: KS17-145 JPA with Lakeville for Fiber Optic Cable 5-30-2017_____ Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Ralph Vetter, IS Manager June 5, 2017 342,000 Analysis of Primary Issues: • Inadequate bandwidth between sites for daily operation • Inability to perform adequate file backup and retrieval • Unable to maintain adequate file transfer for disaster recovery • Inadequate bandwidth to accommodate increased use of Software as a Service Applications • No control/management or ability to make changes to improve data transfer efficiencies • A lease provides no asset for the city to build upon in the future The lease from the current service provider does not allow for adequate bandwidth for the cities disaster recovery site, backup systems, and daily operation. To gain adequate bandwidth from the existing service provider, the lease cost would increase approximately $25,000 per year. Based upon the current bandwidth needs and the increase in costs from the current provider, the anticipated ROI on the city investing in their own fiber optic network will be approximately 5.5 years. JPA with Lakeville Fiber Project 1 JOINT POWERS AGREEMENT FOR LAKEVILLE FIBER PROJECT This Joint Powers Agreement is between Dakota County, Minnesota (“County”), and the City of Lakeville, Minnesota ("City"), collectively as the “Parties.” The Parties are governmental units of the State of Minnesota. The collective effort of the Parties under this Agreement is referred to as the Lakeville Fiber Project. 1. General Purpose Under Minn. Stat. § 471.59, subd. 10, the County and the City are empowered to enter into agreements for the joint or cooperative exercise of powers with other governmental units and to engage such assistance as deemed necessary for the provision of information technology and telecommunications services. The County and the City require redundant fiber optic connections to provide reliable communication pathways between their respective facilities. To accomplish these connections, the County and the City will cooperatively install new fiber optic cable segments and lease fiber segments to the City between the following locations: (Location addresses are provided in Attachment C.) • Segment 1 is 144 strands of new fiber to be installed by the County with the City providing conduit installation from the Lakeville Police Station to the Central Maintenance Facility. • Segment 2 is 1 pair (2 strands) of fiber owned by the County and leased to the City at the rate provided in Attachment B from Central Maintenance Facility to Galaxie Liquors • Segment 3 is 1 pair (2 strands) of fiber owned by the County and leased to the City at the rate provided in Attachment B from Central Maintenance Facility to Fire Station 2 • Segment 4 is 1 pair (2 strands) of fiber owned by the County and leased to the City at the rate provided in Attachment B from Central Maintenance Facility to Kenrick Liquor • Segment 5 is 1 pair (2 strands) of fiber owned by the County and leased to the City at the rate provided in Attachment B from Central Maintenance Facility to Western Service Center. • Segment 6 is 1 pair (2 strands) of new fiber to be installed by the County and leased to the City from City Hall to Heritage Liquor Store • Segment 7 is 1 pair (2 strands) of new fiber to be installed by the County and leased to City at the rate provided in Attachment B from Kenrick Liquor Store to Fire Station #3; [Note: Segment 7 is being evaluated as a potential construction/lease agreement with Dakota County and the County Road 50 construction project.] • Segment 8 is 96 strands of fiber installed by the City from City Hall to Holyoke Water Tower (Conduit and Fiber installed) with 12 strands terminating at the Holyoke Water Tower. • Segment 9 is 144 strands of new fiber to be installed by the County into conduit to be installed by the City from Holyoke Water Tower to Fire Station 4/Water treatment facility /Police station. JPA with Lakeville Fiber Project 2 2. Term of Agreement The term of this Agreement shall commence on the Effective date, the date all signatures of the Parties are obtained, and shall remain in full force and effect until the Expiration date of twenty years (20) years after the Effective Date, or unless terminated by the Parties as provided in this Agreement, whichever occurs first. 3. Agreement between the Parties The intended use for each segment of the network is to enable the Parties to construct and manage fiber optic communications networks for the purpose of delivering communications services among their respective sites as more fully described below. 3.1 County will: a) Install at its own cost 144 strands of fiber from the Lakeville Police Station to the Lakeville Central Maintenance Facility within existing conduit (installed by the City using materials supplied by County) along the route described in Attachment A. This fiber is designated as Segment 1. b) Grant an Indefeasible Right of Use (IRU) agreement for a term of twenty (20) years to the City for use of two fiber strands from: • Central Maintenance Facility to Galaxie Liquors (segment 2) as described in Attachment B • Central Maintenance Facility to Fire Station 2 (segment 3) as described in Attachment B. • Central Maintenance Facility to Kenrick Liquor (segment 4) as described in Attachment B • Central Maintenance Facility to Western Service Center (segment 5) as described in Attachment B. • City Hall to Heritage Liquor Store (segment 6) as described in Attachment B • Kenrick Liquor to Fire Station 3 (segment 7) as described in Attachment B c) Install at its own cost 144 strands of fiber from Lakeville City Hall to Heritage Liquor Store along the route described in Attachment A. This fiber is designated as Segment 6. d) Install at its own cost a yet to be determined number of fiber strands of fiber from Kenrick Liquor Store to Fire Station #3 (note: engineering not completed) This fiber is designated as Segment 7. e) Install at its own cost 144 strands of new fiber from Holyoke Water Tower to Fire Station 4/Water treatment facility /Police station within existing conduit installed by the City, using fiber and related materials supplied by County, along the route described in Attachment A. This fiber is designated as Segment 9. f) Grant an Indefeasible Right of Use (IRU) agreement for a term of twenty (20) years to the City for use of the 72 fiber strands from the 144 new strands installed by the County from the Lakeville Police Station to the Lakeville Central Maintenance Facility along the route described in Attachement A. This is designated as Segment 1. JPA with Lakeville Fiber Project 3 g) Grant an Indefeasible Right of Use (IRU) agreement for a term of twenty (20) years to the City for use of the 48 fiber strands from the 96 new strands completed by joint County, City project from City Hall to Holyoke Water Tower (Segment 8) with 12 strands terminating at Tower. The specific strands subject to this IRU are identified in Attachment B. h) Grant an Indefeasible Right of Use (IRU) agreement to the City for use of the 72 fiber strands from the 144 new strands installed by the County from Holyoke Water Tower to Fire Station 4/Water treatment facility /Police station (Segment 9). The specific strands subject to this IRU are identified in Attachment B. i) Obtain all necessary right-of-way permits from the City to complete the Project. j) Manage the Project including the intersection and coordination of work by all contractors. k) Maintain at its own cost the segments and pay for any locate services costs during the term of this Agreement. l) Receive an IRU from the City for the cable conduit identified in Section 3.2(c) of this Agreement. 3.2 City will: a) Receive an IRU from the County for: • 72 fiber strands in Segment 1 • 48 fiber strands in Segment 8 • 72 fiber strands in Segment 9 • The fiber strands identified under Section 3.1(b) of this Agreement b) Issue any City right-of-way permits required to complete the Project. c) Grant an Indefeasible Right of Use (IRU) agreement to the County for use of the cable conduit installed by the City from Holyoke Water Tower to Fire Station 4/Water treatment facility /Police station. 4. Payment Except as expressly provided in this Agreement, each Party will bear its own costs for constructing the Lakeville Fiber Project and the City shall pay the lease rates for the fiber strands as identified under Attachment B. 5. Network Development, Design, Operation and Management Except as provided in this Agreement, each Party will design its own fiber network and will install and manage any electronic devices needed to make its network operational. The Parties shall use all reasonable efforts to maintain their respective fiber and related electronic devices to facilitate the proper function of their interconnected networks as described in this Agreement. 6. Liaisons To assist the Parties in the day-to-day performance of this Agreement and to ensure compliance with the specifications and provide ongoing consultation, liaisons shall be designated by the Parties. The Parties shall inform the others, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: JPA with Lakeville Fiber Project 4 Dakota County: Mike Agen Network Supervisor Dakota County Information Technology Department 1590 Hwy. 55 Hastings, MN 55033 651-438-4292 Mike.agen@co.dakota.mn.us City of Lakeville Ralph Vetter Information Systems Manager 20195 Holyoke Avenue Lakeville, MN 55044 952-985-2641 rvetter@lakevillemn.gov 7. Assignment, Amendments, Waiver, and Contract Complete 7.1 Assignment. No Party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and an Assignment Agreement, approved and executed by all Parties to this Agreement, or their successors in office. 7.2 Amendments. Any amendment to this Agreement must be in writing and is not effective until approved and executed by all of the Parties to this Agreement, or their successors in office. 7.3 Waiver. If any Party fails to enforce any provision of this Agreement, such failure does not waive the provision or its right to enforce it. 7.4 Contract Complete. This Agreement contains all negotiations and agreements between the Parties. No other understanding regarding this Agreement, whether written or oral, is binding on any Party. 8. Liability and Insurance Each Party to this Agreement shall be liable for its own acts or omissions and those of its own employees and agents and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other Parties, their respective employees or agents. The Parties agree 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, 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, 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 Minn. Stat. Ch. 466, or JPA with Lakeville Fiber Project 5 other applicable law. This clause will not be construed to bar any legal remedies that any party may have against another party for the failure to fulfill their respective obligations under this Agreement. 9. 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 years from the Expiration Date of this Agreement. 10. Government Data Practices The Parties shall comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to data provided by each Party under this Agreement, and as it applies to data created, collected, received, stored, used, maintained, or 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 data requester before the data is released. 11. Venue Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate court of competent jurisdiction in Dakota County, Minnesota. 12. Termination 12.1 Termination. This Agreement may be terminated by any Party, with or without cause, at any time after two years from the Effective Date upon 180 days written notice of intent to terminate to the other Parties. 12.2 Termination for Insufficient Funding. Any Party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other Parties. A Party is not obligated to pay for any services that are provided after notice and effective date of termination. A Party will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. A Party must provide the other Parties notice of the lack of funding within a reasonable time of the Party’s receiving that notice. 12.3 Ownership of Property Upon Termination. At the end of the term of this Agreement or upon its earlier termination as authorized herein, the Parties will continue to own all fiber segments and laterals that they owned prior to the execution of this JPA or constructed as part of this project. Each Party will continue to own electronic devices it installed to facilitate the operation of its respective JPA with Lakeville Fiber Project 6 network pursuant to this Agreement. 13. Miscellaneous Provisions 13.1 Additional Parties. The addition of a new Party to this Agreement shall require a written amendment approved and executed by all Parties. 13.2 Unlawful Provisions. If 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. If a provision or article is found unlawful, representatives of the Parties shall meet and reach agreement on a lawful provision to replace the unlawful provision or article. The newly agreed upon provision or amendment must be approved by the each Party to be effective and binding on the Parties. 13.3 Access to Property. The Parties 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. To the extent practicable, advance notice will be given and mutually convenient arrangements for such access shall be made. All relevant safety and security policies and procedures of the Party whose property is accessed shall be followed by the Party, or the Party’s employees or agents being granted access. 13.4 Compliance with Laws. The Parties shall abide by all Federal, State and local laws, statutes, ordinances, rules 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. 14. Execution in Counterparts. This Agreement may be 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 Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] JPA with Lakeville Fiber Project 7 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by its duly authorized representatives. Dakota County Approved by Dakota County Board By: ___________________________________ Resolution #: ________________________ Title: _________________________________ Approved as to form: Date: _________________________________ ___________________________________ Assistant County Attorney City of Lakeville Approved by _______________ By: ___________________________________ Resolution #: ________________________ Title: _________________________________ Date: _________________________________ KS17-145 JPA with Lakeville for Fiber Optic Cable (JRS edits 3-27-17) JPA with Lakeville Fiber Project 8 Attachment A Segment 2 Segment 3 Segment 4 Segment 5 Segment 6 Segment 8 Segment 9 Existing Fiber Dakota CIP Projects Proposed Construction JPA with Lakeville Fiber Project 9 Attachment B Leased Segment Costs Monthly Lease Rate = $65.00 per fiber pair/per mile Segment From: To: # of Pairs: Distance (Miles): Monthly Cost: Annual Cost: Segment 2 Central Maintenance Facility Galaxie Liquor 1 3 $195.00 $2,340.00 Segment 3 Central Maintenance Facility Fire Station 2 1 4 $260.00 $3,120.00 Segment 4 Central Maintenance Facility Kenrick Liquor 1 5 $325.00 $3,900.00 Segment 5 Central Maintenance Facility Dakota County Western Service Center 1 3.5 $227.50 $2,730.00 Segment 6 City Hall Heritage Liquor 1 1 $65.00 $780.00 Segment 7 Kenrick Liquor Fire Station 3 1 2 $130.00 $1,560.00 $1,202.50 $14,430.00 *Note: All distances and costs are estimates and will be adjusted upon project completion. JPA with Lakeville Fiber Project 10 Attachment C Locations Building/Site Address City State Zip Code City Hall 20195 Holyoke Avenue Lakeville MN 55044 Central Maintenance Facility 7570 179th Street Lakeville MN 55044 Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley MN 55124 Fire Station #2 16720 Dodd Boulevard Lakeville MN 55044 Fire Station #3 17490 Kenrick Avenue Lakeville MN 55044 Fire Station #4 9465 185th Street Lakeville MN 55044 Galaxie Liquors 16000 Galaxie Avenue Lakeville MN 55044 Heritage Liquors 20164 Heritage Drive Lakeville MN 55044 Holyoke Water Tower 8720 190th Street Lakeville MN 55044 Kenrick Liquors 16179 Kenrick Avenue Lakeville MN 55044 Lakeville Police Station 9237 183rd Street Lakeville MN 55044 Water Treatment Facility 18400 Ipava Avenue Lakeville MN 55044