HomeMy WebLinkAboutRes.2995.07-05-2016 BILL NO. 16-111 RESOLUTION NO. I9
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH MARQUETTE TECH
DISTRICT FOUNDATION, INC. , FOR FIBER-OPTIC
CABLE SERVICE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute an Agreement with Marquette Tech District Foundation,
Inc . , for fiber-optic cable service, in the City of Cape
Girardeau. The Agreement shall be in substantially the form
attached hereto as Exhibit A, which document is hereby approved
by the City Council, and incorporated herein by reference, with
such changes therein as shall be approved by the officers of the
City executing the same . \'�'
PASSED AND ADOPTED THIS 1u DAY OF l , 016 .
C6LaPiwt
Harry E. Rediger, Mayor
ATTEST:
14.
s0 —
Bruce Tay1 " , Deputy City Clerk ,r � • ~ .
12 THE IINIO
,.,, •FRS
AGREEMENT FOR FIBER TO SERVE THE
MARQUETTE TECH DISTRICT
This agreement is entered into this day of , 2016, between
the City of Cape Girardeau, Missouri, a Constitutional Charter City of the State of Missouri
("City") and Marquette Tech District Foundation, Inc. a Nonprofit Corporation of the State of
Missouri ("Foundation").
RECITALS
1. City has installed an underground conduit, fiber-optic cables and related appurtenances
along a route within municipal rights-of-way shown on Exhibit A attached hereto and
incorporated herein by reference.
2. City's conduits and fiber-optic cable runs contain different numbers of fiber strands
within them, primarily depending on the time frame of the installation.
3. Foundation is in the process of developing the Marquette Tech District ("District"),
within the Old Town Cape District, to attract, nurture and promote technology and
economic development, which will require a high speed communication link (fiber optic
cable). The District is defined generally as properties on Broadway from Pacific Street to
Water Street, and on Spanish and Main Streets from Broadway to Independence.
4. Foundation desires to obtain the right to use certain fibers established in Exhibit A
attached hereto.
5. The parties desire, as a collaborative effort, and for their mutual benefit, to maintain and
use fiber optic cable (hereinafter referred to as "cable," "line," or "facilities") for the
purpose of facilitating digital communications within the City's municipal boundary and
the Old Town Cape District/Marquette Tech District.
NOW THEREFORE, in consideration of the mutual covenants set out herein, the City and
Foundation agree as follows:
1. City hereby grants to Foundation the right of use in two (2) City fiber-optic strands
within the City's conduit, as specified in Exhibit A attached hereto, running generally as
follows:
a. Beginning at a fiber optic panel at Fire Station 1, 40 South Sprigg Street;
b. Then easterly along the south side of Independence Street to a fiber vault at the
southwest corner of Independence and Spanish Street;
c. Then northerly along the west side of Spanish Street to a fiber vault at the
southwest corner of Broadway and Spanish Streets.
Fiber Agreement,Marquette Tech District 1' a g e I I
d. Then westerly along the south side of Broadway to the southwest corner of
Broadway and Fountain Street, terminating in a City fiber vault at this corner.
2. City hereby grants to Foundation the right to install and connect to the two City
designated fibers at the fiber vaults noted in paragraph I above and as shown on Exhibit
B attached hereto. Foundation will be responsible for all needed fiber connectivity and/or
splice points.
3. City hereby grants to Foundation the right to install and connect to two additional City
designated fibers at the fiber vaults noted in paragraph 1 above and as shown on Exhibit
B attached hereto, if one or both of the initial fibers fail. Connection to these two
additional fibers will not available until the 24-strand fiber is installed per paragraph 7
below.
4. City hereby grants to Foundation the right to use of a 1.5" empty underground conduit,
owned by the City, from a City fiber vault at the southwest corner of Broadway and
Fountain Street, to a City fiber vault at the southwest corner of Broadway and Spanish
Street. If at any time during the term of this Agreement the City determines this 1.5"
conduit is needed for a public purpose, the Foundation shall, at no cost to the City,
immediately install a 1.5" empty underground conduit to replace the conduit being used
by the Foundation.
5. The right of use of the City fibers and conduit as stated in this Agreement shall be for the
sole purpose of providing internet network connectivity for properties and free public,
wi-fi internet connectivity within the District. If at any point in time it is found that these
two fiber connections are being used for other purposes, this Agreement shall
immediately be terminated.
6. Within two (2) years of the date of this agreement, Foundation shall provide free, public
wi-fi internet connectivity within the District.
7. As further consideration for execution of this Agreement, the Foundation will purchase
and install an underground conduit and 24-strand fiber running from the City's network
computer room at City Hall, 401 Independence, running easterly along the south side of
Independence, and terminating in the existing City fiber vault at the southwest corner of
Independence and Spanish Street, as shown on Exhibit C attached, including 50' slack
within the fiber vault.
a. Foundation will have 24 months from the date of this agreement to install the
above fiber.
b. Ownership of the conduit and fiber shall be with the City.
c. In lieu of installation of the fiber, the Foundation will pay to the City $25,000
within 24 months from the date of this agreement, to be applied directly to the
City's installation of this fiber.
Fiber Agreement,Marquette Tech District 1' a c 12
8. If the Foundation fails to comply with the provisions in paragraphs 6 and 7 above, this
Agreement shall automatically terminate 24 months from the date of execution of this
Agreement, and all connections to the City fiber network will be terminated by the City.
9. No contract shall be let for installation or connection of the fiber-optic cable and conduit
as stated in this Agreement until final plans, specifications and costs are approved by both
City and Foundation.
10. Any damage caused to the City's infrastructure caused by work performed by the
Foundation and/or for the Foundation via contract shall be repaired and replaced at the
expense of the Foundation.
11. The term of this Agreement shall be for a period of ten (10) years from the last signing
date of this agreement. Unless notice is provided at least six months prior to the end of
any contract term, this Agreement will automatically be extended for another ten (10)
year period.
12. This Agreement is for the sole benefit of the City and Foundation. Nothing in this
agreement is intended to confer any rights or remedies on any third party. Further,
neither party may assign its rights or responsibilities under this Agreement without the
prior written consent of the other.
13. This Agreement is a condition of the License and Indemnity Agreement between the City
and Foundation. If for any reason the License and Indemnity Agreement is terminated,
this Agreement will terminate as well.
14. The parties hereby designate the following persons as the persons authorized to act on
behalf of the parties in connection with the administration of this Agreement:
For the Foundation: James Stapleton
Marquette Tech District Foundation, Inc.
P. O. Box 766
Cape Girardeau, MO 63701
573-979-2149
For the City: Gayle Conrad, Director of Citizen Services/City Clerk
Cape Girardeau City Hall
401 Independence Street
Cape Girardeau, Missouri 63703
573-339-6320
Fiber Agreement,Marquette Tech District P a = c 13
15. This Agreement constitutes the whole agreement between the parties and may be changed
or modified only by mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate
this day of J-v\ , 2016.
MARQUETTE TECH DISTRICT FOUNDATION, INC.
By (� �g
aures Stapleton,'Executive Director
ATTEST:
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this 5'4L day of , 2016, before me appeared James Stapleton, to
me personally known, who, being b me duly sworn, did say that he is the Executive director of
the Marquette Tech District Foundation, Inc., and that the seal affixed to the foregoing
instrument is the seal of said corporation and that the said instrument was signed and sealed in
behalf of said corporation by authority of its Board of Directors and acknowledged said
instrument to be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my
office in Cape Girardeau, Missouri, the day and year first above written.
Q...r-r.
Notary Public
My Commission Expires:
PATRICIA S. SCHAEFER
Notary Public, Notary Seal
State of Missouri
Scott County
Commission # 13456475
My Commisslon Expires August 09, 2017
Fiber Agreement,Marquette Tech District P a 2 c 14
CITY OU C,�l'I��II Zl)L! 11
By '
.........__________..._...._
tatt Me� �r, Cityalaaer
FTF
qrLIC p
va
1erty City Clerk
M r
S°I'��FE CJI' MISSOURI
URI
CCal. N]"Y OF Cnl� 7 ARDE AU ) ��. ,� �
Oil this da caf i, ..'
y 2016, before ine appeared Scott A.
l
Meyer, ea, b...Meyerto lane personally gby iaae clLily sweai-i-i, dial say that he is the City
Manager cad' the City of Cape Cri ° rdeaii, ssouri, a MU lieipal Corporation of the State of
MisseaUri, and that the seal affixed ti: the foo-::: oing instrument is the seal of said city and that the
said instrument was signed and se, ed in be all of the City by authority Of its City C":carriacrl and
acknowledged said instrument to be the free act and deed of said City.
IN TFS'FIMONY ` FII.,RL`01°', I have hereuiatea set my hand and affixed my official seal,
at my office in Cape Girardeau, Missouri, the day and year first above written.
� 1 n
e
Net;Ty Ll He
My Corniaaission E'Xplres:
,` ° ,Y p AMANDA L.MCKINNEY
°' , My Commission Expires
tICITAJaY', = March 3,2038
SEAL r Cape Girardeau County
OF twS` Commission 811588103
Fiber Agy-ce wi 1,NbRIUCHe 1°eell 13oslrici
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Fiber Agreemen[,Marquette Tech District �' � �' � �6
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Exhibit C
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Fiber Agreement,Marquette Tech District I` ;� � c �8
AGREEMENT FOR FIBER TO SERVE THE
MARQUETTE TECH DISTRICT
This agreement is entered into this 1� day of � , 2016, between
the City of Cape Girardeau, Missouri, a Constitutional Chart r City of the State of Missouri
("City") and Marquette Tech District Foundation, Inc. a Nonprofit Corporation of the State of
Missouri ("Foundation").
RECITALS
1. City has installed an underground conduit, fiber-optic cables and related appurtenances
along a route within municipal rights-of-way shown on Exhibit A attached hereto and
incorporated herein by reference.
2. City's conduits and fiber-optic cable runs contain different numbers of fiber strands
within them, primarily depending on the time frame of the installation.
3. Foundation is in the process of developing the Marquette Tech District ("District"),
within the Old Town Cape District, to attract, nurture and promote technology and
economic development, which will require a high speed communication link (fiber optic
cable). The District is defined generally as properties on Broadway from Pacific Street to
Water Street, and on Spanish and Main Streets from Broadway to Independence.
4. Foundation desires to obtain the right to use certain fibers established in E�ibit A
attached hereto.
5. The parties desire, as a collaborative effort, and for their mutual benefit, to maintain and
use fiber optic cable (hereinafter referred to as "cable," "line," or "facilities") for the
purpose of facilitating digital communications within the City's municipal boundary and
the Old Town Cape District/Marquette Tech District.
NOW THEREFORE, in consideration of the mutual covenants set out herein, the City and
Foundation agree as follows:
1. City hereby grants to Foundation the right of use in two (2) City fiber-optic strands
within the City's conduit, as specified in Exhibit A attached hereto, running generally as
follows:
a. Beginning at a fiber optic panel at Fire Station 1, 40 South Sprigg Street;
b. Then easterly along the south side of Independence Street to a fiber vault at the
southwest corner of Independence and Spanish Street;
c. Then northerly along the west side of Spanish Street to a fiber vault at the
southwest corner of Broadway and Spanish Streets.
Fiber Agreement,Marquette Tech District P a � c � 1
d. Then westerly along the south side of Broadway to the southwest corner of
Broadway and Fountain Street, terminating in a City fiber vault at this corner.
2. City hereby grants to Foundation the right to install and connect to the two City
designated fibers at the fiber vaults noted in paragraph 1 above and as shown on Ea�hibit
B attached hereto. Foundation will be responsible for all needed fiber connectivity and/or
splice points.
3. City hereby grants to Foundation the right to install and connect to two additional City
designated fibers at the fiber vaults noted in paragraph 1 above and as shown on Exhibit
B attached hereto, if one or both of the initial fibers fail. Connection to these two
additional fibers will not available until the 24-strand fiber is installed per paragraph 7
below.
4. City hereby grants to Foundation the right to use of a 1.5" empty underground conduit,
owned by the City, from a City fiber vault at the southwest corner of Broadway and
Fountain Street, to a City fiber vault at the southwest corner of Broadway and Spanish
Street. If at any time during the term of this Agreement the City determines this 1.5"
conduit is needed for a public purpose, the Foundation shall, at no cost to the City,
immediately install a 1.5" empty underground conduit to replace the conduit being used
by the Foundation.
5. The right of use of the City fibers and conduit as stated in this Agreement shall be for the
sole purpose of providing internet network connectivity for properties and free public,
wi-fi internet connectivity within the District. If at any point in time it is found that these
two fiber connections are being used for other purposes, this Agreement shall
immediately be terminated.
6. Within two (2) years of the date of this agreement, Foundation shall provide free, public
wi-fi internet connectivity within the District.
7. As further consideration for execution of this Agreement, the Foundation will purchase
and install an underground conduit and 24-strand fiber running from the City's network
computer room at City Hall, 401 Independence, running easterly along the south side of
Independence, and terminating in the existing City fiber vault at the southwest corner of
Independence and Spanish Street, as shown on Exhibit C attached, including 50' slack
within the fiber vault.
a. Foundation will have 24 months from the date of this agreement to install the
above fiber.
b. Ownership of the conduit and fiber shall be with the City.
c. In lieu of installation of the fiber, the Foundation will pay to the City $25,000
within 24 months from the date of this agreement, to be applied directly to the
City's installation of this fiber.
Fiber Agreement,Marquette Tech District P a g e �2
8. If the Foundation fails to comply with the provisions in paragraphs 6 and 7 above, this
Agreement shall automatically terminate 24 months from the date of execution of this
Agreement, and all connections to the City fiber network will be terminated by the City.
9. No contract shall be let for installation or connection of the fiber-optic cable and conduit
as stated in this Agreement until final plans, specifications and costs are approved by both
City and Foundation.
10. Any damage caused to the City's infrastructure caused by work performed by the
Foundation and/or for the Foundation via contract shall be repaired and replaced at the
expense of the Foundation.
11. The term of this Agreement shall be for a period of ten (10) years from the last signing
date of this agreement. Unless notice is provided at least six months prior to the end of
any contract term, this Agreement will automatically be extended for another ten (10)
year period.
12. This Agreement is for the sole benefit of the City and Foundation. Nothing in this
agreement is intended to confer any rights or remedies on any third party. Further,
neither party may assign its rights or responsibilities under this Agreement without the
prior written consent of the other.
13. This Agreement is a condition of the License and Indemnity Agreement between the City
and Foundation. If for any reason the License and Indemnity Agreement is terminated,
this Agreement will terminate as well.
14. The parties hereby designate the following persons as the persons authorized to act on
behalf of the parties in connection with the administration of this Agreement:
For the Foundation: James Stapleton
Marquette Tech District Foundation, Inc.
P. O. Box 766
Cape Girardeau, MO 63701
573-979-2149
For the City: Gayle Conrad, Director of Citizen Services/City Clerk
Cape Girardeau City Hall
401 Independence Street
Cape Girardeau, Missouri 63703
573-339-6320
Fiber Agreement,Marquette Tech District �' � �' � �3
15. This Agreement constitutes the whole agreement between the parties and may be changed
or modified only by mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate
this 5��� day of ,T� � , 2016.
MARQUETTE TECH DISTRICT FOLTNDATION, INC.
By - �-�-
ames Stapleton, xecutive Director
ATTEST:
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this 5'`� day of , 2016, before me appeared James Stapleton, to
me personally known, who, being b me duly sworn, did say that he is the Executive director of
the Marquette Tech District Foundation, Inc., and that the seal affixed to the foregoing
instrument is the seal of said corporation and that the said instrument was signed and sealed in
behalf of said corporation by authority of its Board of Directors and acknowledged said
instrument to be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my
office in Cape Girardeau, Missouri, the day and year first above written.
D�.�.c�o.. �J. fJ c�-�--Q 9se.�
Notary Public . _
My Commission Expires: - - -
PATRICIA S. SCHAEFER =
Notary Pubiic, Notary Seat _
State of Missouri
Scott County
Comm�ssion # 13456475
My Commlaslon Explres Au ust 09, 2017
Fiber Agreement,Marquette Tech District �' �i�� �4
CITY OF CAP I EAU
By�
cott Me r, City anager
ATTEST:
� ,�'=+�r��;
Bruce . Tayl 'M'� ��
`�*
Deputy City Clerk � -.., ��
o v'
]� 1 �
� �r � Q
STATE OF MISSOURI "' ��i � �
) �� � ti
� SS. *THE IINIO*
COUNTY OF CAPE �ARDEA S EA�►
, �
;
On this day of � ', , 2016, before me appeared Scott A.
Meyer, to me personally known, ho, ei gj by me duly sworn, did say that he is the City
Manager of the City of Cape Gi deau, �ssouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed t the for �oing instrument is the seal of said city and that the
said instrument was signed and sealed in be alf of the City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my off'icial seal,
at my office in Cape Girardeau, Missouri, the day and year first above written.
.------�__...
I � 4 �,
Not blic �
My Commission Expires: u `
.;�pgY pU�., AMANDA L.MCKINNEY
;=o.••' 1�,; MyCommissionExpires
_* ;NOTARY';,: March 3,2018
;9•.,SEAL,.o�: Cape Girardeau County
�.��,OF M�S�' Commission#14588193
�,�,�,
Fiber Agreement,Marquette Tech District P a g e �5
Exhibit A
Marquette Tech District Fiber
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