HomeMy WebLinkAbout2003-116-10/21/2003-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH CSU REGARDING THE USE AND REPLACEMENT OF CERTAIN FIB RESOLUTION 2003-116
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH COLORADO STATE UNIVERSITY
REGARDING THE USE AND REPLACEMENT OF
CERTAIN FIBER OPTIC CABLES AND AUTHORIZING A
REVOCABLE PERMIT TO CSU TO LOCATE
FIBER OPTIC CABLE IN CITY CONDUIT
FOR THE TERM OF THE AGREEMENT
WHEREAS, Colorado State University ("CSU") is installing fiber optic cable at its West
Campus area to a point just across West LaPorte Avenue; and
WHEREAS, a 1,000 foot portion of the CSU fiber optic cable will be located within City
conduit in a City utility easement located to the east of and under the lawn and paved parking
area of the National Wildlife Research Center at 4101 LaPorte Avenue; and
WHEREAS, City staff has recommended adding redundancy in the fiber optic
infrastructure to serve the City's Water Treatment Facility on West LaPorte Avenue; and
WHEREAS, CSU currently has fiber optic cable located within the West Mulberry Street
pursuant to its authority to construct, install and use conduits for the operation of its
communications system along the Mulberry Route, as set forth in Resolution 83-181 of the City
Council and that certain Joint Use Agreement dated October 21, 1983, by and between the City
and CSU entered into pursuant to Resolution 83-181; and
WHEREAS, City staff has negotiated an arrangement with CSU whereby the City would
provide certain benefits to CSU, including the replacement of CSU's existing fiber optic cable
along West Mulberry Street, at an estimated cost of$15,000 to $18,000, and a revocable permit
for the use of City conduit near the National Wildlife Research Center, as described above, in
exchange for the right to construct a connection to CSU's system and lease four strands of
CSU's new fiber optic cable in the West Campus area for a period of twenty years; and
WHEREAS, City staff has worked with CSU to prepare an Intergovernmental Agreement
("IGA") to document details of the above-described arrangement, which IGA, dated October 15,
2003, is attached hereto as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, pursuant to Article XIV, Section 18 of the Constitution of the State of
Colorado, and Section 29-1-203 of the Colorado Revised Statutes, the City and CSU may
cooperate together to provide any function lawfully authorized to each; and
WHEREAS, Article XI, Section 10, of the Charter of the City of Fort Collins authorizes
the Council to permit the use or occupation of any street, alley, or public place, provided that
such permit shall be revocable by the Council at its pleasure, whether or not such right to revoke
is expressly reserved in such permit; and
WHEREAS, the City desires to enter into the IGA for an initial term of twenty years, and
to enter into subsequent agreements, as necessary, to extend the term of the City's lease of four
strands of fiber optic cable for an amount not to exceed the then market lease rate for the same,
and, unless previously revoked, to likewise extend the term of the revocable permit for CSU's
use of City conduit near the National Wildlife Center, if the City Manager determines that said
extension is desirable and sufficient funds are available for the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to enter into the IGA with CSU for
the above-described lease of four strands of fiber optic cable from CSU and for the revocable
permit for CSU's use of City conduit near the National Wildlife Center, to extend the term of
said IGA as described herein, and to make such amendments or modifications to the IGA as the
City Manager may, in consultation with the City Attorney, determine to be necessary or
appropriate to protect the interests of the City or to advance the objectives set forth herein.
Passed and adopted at a regular meeting of the City Council held this 21st day of
October, A.D. 2003.
Mayor
ATTEST:
— VIL4�& - �_..OLI —
City Clerk
Exhibit A
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement("Agreement")is entered into by and between the Board
of Governors of the Colorado State University System on behalf of Colorado State University
("CSU"), and the City of Fort Collins (the "City"), collectively the "Parties."
RECITALS
Whereas, CSU is the owner of fiber optic infrastructure between its fiber vault located
northeast of the Engineering Research Center at 4451 Laporte Avenue on its Foothills Campus,
identified in Attachment A as"Vault B,"and its fiber patch panel in the Overland Trail substation at
west Mulberry Street and Overland Trail (the "Substation"), and the surrounding conduit where
located on CSU land, except as otherwise set forth herein, and
Whereas,the City has a desire for additional fiber optic capacity comprised of four strands of
fiber between the endpoints of the Water Treatment Plant at 4316 Laporte Avenue, and the
Substation, and
Whereas, the City seeks to install and own fiber optic cable between the Water Treatment
Plant and Vault B and conduit from the Water Treatment Plant to Vault A, as identified in
Attachment A, and to use these facilities, together with four strands of CSU-owned fiber between
Vault B and the Substation, to provide to the City said additional fiber optic capacity, and
Whereas CSU desires to receive from the City: 1)a revocable permit to formalize the City's
permission for CSU's location of approximately 1,000 feet of fiber optic cable in City conduit
southeast of the National Wildlife Research Center complex at 4101 LaPorte Avenue ("NWRC")
(the "Revocable Permit") and 2) the services of a) pulling CSU's fiber optic cable in the City's
electrical power vaults along the path identified in Attachment B (the "Mulberry Route") and b)
installation of conduit for fiber optic cable around the City's electrical vault and conduit at NWRC
(collectively, the "Services"), and
Whereas,CSU is currently authorized to construct,install and use conduits for the operation
of its communications system along the Mulberry Route,pursuant to the terms of Resolution 83-181
of the City Council of the City of Fort Collins and that certain Joint Use Agreement dated October
21, 1983, by and between the City and CSU entered into pursuant to said Resolution; and
Whereas,the exchange of CSU's fiber optic capacity and other new infrastructure for use by
the City for the Revocable Permit and the City Services will benefit both parties;
Page 1 of 6
October 15, 2003
Exhibit A
Now, therefore, in consideration of the covenants and promises contained herein, the
adequacy and sufficiency of which is duly acknowledged, CSU and the City agree to the following
mutually beneficial terms:
1. FIBER OPTIC INFRASTRUCTURE.
a. CSU shall install,operate and maintain the fiber optic infrastructure that will provide
the Fiber Optic Capacity between Vault B and the Substation, as described below.
b. Pursuant to Resolution 2003- 116 of the City Council of the City of Fort Collins,the
City hereby grants to CSU a Revocable Permit to operate and maintain fiber optic cable
approximately 1,000 feet in length owned by CSU in City conduit located under the lawn and
paved parking areas in a City utility easement to the southeast of the NWRC, and
C. CSU shall operate and maintain its fiber optic infrastructure between Vault A and
Vault B,together with the New Conduit,described below upon its installation,so as to allow
the City to operate and maintain the City's Fiber Optic Cable, as described hereinbelow,and
d. The City shall be entitled to install fiber optic infrastructure including conduit
between the north boundary of CSU's property and the Vault A(identified on Attachment A)
(the "New Conduit"), and the New Conduit shall become the property of CSU upon
completion of installation, and
e. The City shall be entitled to install and maintain fiber optic cabling between the the
north boundary of CSU's property and Vault B, by pulling this fiber optic cable through
Vault A to Vault B, and shall further be entitled to coil 100 feet of this fiber optic cable in
Vault B (the "City's Fiber Optic Cable");the City's Fiber Optic Cable shall be the property
of the City, and may be removed by the City, at the City's option, upon the termination of
this Agreement, unless otherwise expressly agreed by the parties, and
f. CSU shall splice through four(4)strands of the City's Fiber Optic Cable from Vault
B to the Substation and therein terminate the fibers by splicing"pigtails"with connectors of
the City's choice onto the ends of the fibers (the "Fiber Optic Capacity").
g. The City shall have the exclusive right to use the Fiber Optic Capacity for the term of
this Agreement.
2. CSU SERVICES. CSU shall maintain the Fiber Optic Capacity on a reasonable best
efforts basis. CSU staff is normally available for support from 6 AM to 3 PM Monday through
Friday, excluding holidays, and shall use best efforts to react immediately to City requests for
support during these times. During other times, trouble calls should be reported to CSU by calling
970.491.7443, where CSU staff will be available from approximately 10 PM on Sunday evening
Page 2 of 6
October 15, 2003
Exhibit A
through 8 AM Saturday morning. No support will be provided between 8 AM Saturday morning and
10 PM Sunday evening.
3. CITY SERVICES.The City shall provide the following services in exchange for the Fiber
Optic Capacity:
a. Supply all labor for pulling through City electric vaults CSU's fiber optic cable along
the Mulberry Route,as described in Attachment B.The existing fiber optic cable will be used
to pull in new, high-count fiber optic cable to be provided by CSU, and the existing fiber
optic cable will be recovered and provided to CSU for other use. CSU personnel will assist
by feeding the cable into the electrical vaults.
b. Install a dielectric conduit to by-pass the City's electrical vault and conduit,including
a handhole for access, into which CSU fiber optic cable may be located, in the Revocable
Permit area to the southeast of the NWRC.
4. COSTS. Each Party shall be responsible for its own costs associated with performance of
such Party's responsibilities as defined herein. By entering into this Agreement, neither Party is
obligated to expend any funds other than its own costs of performance and neither Party shall be
entitled to any monetary payment from the other on account of such costs. If, subsequent to the
execution of this Agreement, the Parties should further agree to perform other services or exchange
other items of value, they shall undertake such obligations by executing a written amendment or a
new written agreement signed by their respective authorized representatives.
5. TERM/TERMINATION. This Agreement shall continue in effect unless and until
terminated in accordance with its terms. Should the City desire to use the Fiber Optic Capacity
beyond the initial term of this agreement, it shall inform CSU of such intent in writing at least 90
days prior to the expiration of the initial term of this agreement.The City shall then be entitled to use
the Fiber Optic Capacity, CSU's conduit between Vault A and Vault B,and the New Conduit as set
forth herein, at the then prevailing rate for the lease of Fiber Optic Capacity, to be mutually agreed
upon by the City and CSU, in writing. The Revocable Permit shall terminate upon termination of
this Agreement,unless sooner terminated at the discretion of the City Council,or unless extended by
mutual written agreement of the parties. The City agrees to make best efforts to provide reasonable
advance notice to CSU of the revocation, if any, of the Revocable Permit. In the event the City
revokes the Revocable Permit, the Agreement and all rights of the City hereunder shall also
terminate concurrently with the Revocable Permit, unless the parties agree otherwise in writing.
6. USE. The City shall use the Fiber Optic Capacity only for communications traffic from
public-sector entities. No communications traffic from commercial sites shall be passed across the
Fiber Optic Capacity. The City shall use the Fiber Optic Capacity entirely at its own risk.
Page 3 of 6
October 15, 2003
Exhibit A
7. REPAIR AND MAINTENANCE.Responsibilities for repair and maintenance of the fiber
optic infrastructure shall be as follows:
a. CSU shall be responsible for maintaining, repairing and operating the Fiber Optic
Capacity from the North boundary of the CSU property through Vault A and Vault B to the
fiber patch panel in the Substation, except for the City's Fiber Optic Cable.
b. CSU shall not be responsible for maintaining,repairing and operating the City's Fiber
Optic Cable. If it is necessary for the City to make repairs to the same, the City shall first
obtain written permission to effect such repairs and carry out such work on CSU property,
from the CSU's representative as defined in Section 9,which written permission shall not be
unreasonably withheld or delayed.
8. LOSS OR DAMAGE.CSU shall not be responsible to the City for damages associated with
the loss or inoperability of the Fiber Optic Capacity.Neither Party shall,in any event,be liable to the
other for any consequential,incidental,special or exemplary damages arising out of or in connection
with this Agreement.
9. GOVERNMENTAL IMMUNITY.Notwithstanding any other provision of this Agreement
to the contrary,no term or condition of this Agreement shall be construed or interpreted as a waiver
of any provision of the Colorado Governmental Immunity Act, C.R.S. sections 24-10-101 et seq.
("Act"), as now or hereafter amended. The City and CSU understand and agree that liability for
claims for injuries to persons or property arising out of the negligence of either party, its
departments,institutions,agencies,boards, officials and employees is controlled and limited by the
provisions of the Act. Any provision of this Agreement, whether or not incorporated herein by
reference, shall be controlled, limited and otherwise modified so as to limit any liability of either
party to such liability as may be provided and permitted pursuant to the terms of the Act.
10. ASSIGNMENT. Neither party may assign, transfer or hypothecate its interest in this
Agreement or sublet nor lend the Fiber Optic Capacity or Revocable Permit to any other person
without the other party's prior written consent,which shall not be unreasonably withheld or delayed.
11. NOTICE. Any written notice required under the terms of this Agreement shall be deemed
fulfilled by registered or certified mail, return receipt requested, or by facsimile, or electronic mail
provided that any such notice is confirmed by an independent communication, or by personal
delivery, as follows:
In the case of CSU,to: Director,Academic Computing and Networking Services,Colorado
State University, Fort Collins, CO 80523, email: Patrick.Burns@ColoState.edu, FAX:
970.491.1958 with a copy to: Contracts Manager, 309 Administration Building, Colorado
State University, Fort Collins, CO 80523-6001.
Page 4 of 6
October 15, 2003
Exhibit A
In the case of The City, to: Eric Dahlgren, City of Fort Collins Utilities, 700 Wood Street,
Fort Collins, Colorado 80521, email: Edah] reg n@fcgov.com.
Notice of change of address or contact information shall be treated as any other notice.
12. GOVERNING LAW AND ENFORCEABILITY. This Agreement shall be construed in
accordance with the laws of the State of Colorado.In addition,the parties hereto recognize that there
are legal constraints imposed upon them by the constitution,statutes,and rules and regulations of the
State of Colorado and of the United States, and imposed upon them by their respective governing
statutes,charters,ordinances,rules and regulations, and that,subject to such constraints,the parties
intend to carry out the terms and conditions of this Agreement.Notwithstanding any other provision
of this Agreement to the contrary, in no event shall either of the parties exercise any power or take
any action which shall be prohibited by applicable law. Whenever possible, each provision of this
Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law.
13. FORCE MAJEURE. If a party's performance under this Agreement or any obligation
hereunder is delayed or prevented by reason of circumstances beyond that party's control,including
without limitation,fire, explosion, power failure, acts of God,war,revolution,civil commotion,or
acts of public enemies; any law, order, regulation, ordinance, or requirement of any government or
legal body, labor unrest, strikes, slowdowns, picketing or boycotts, then that party will be excused
from its performance on a day-to-day basis to the extent of such interference. If such force majeure
continues for a period of thirty (30) days, either Party may then elect to terminate this Agreement,
provided that the Parties shall fulfill their obligations, to the extent not rendered impracticable,
through the termination date.
14. BINDING NATURE; ENTIRE AGREEMENT; WAIVER. Except as herein provided,
this Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns. None of the terms or conditions in this Agreement shall give rise
to any claim,benefit,or right of action by any third person not a party hereto.Any person,other than
the City or CSU, receiving services or benefits under this Agreement shall be deemed only an
incidental beneficiary. This Agreement is executed and delivered with the understanding that it
constitutes the entire agreement between the parties with respect to the subject matter hereof and that
there are no prior representations, warranties, or agreements, oral or written, relating hereto. The
failure of either party to insist upon performance of any covenant or condition hereof upon one or
more occasions shall not constitute a waiver thereof.
Page 5 of 6
October 15, 2003
Exhibit A
IN WITNESS WHEREOF, CSU and the City hereby enter into this Agreement through their duly
authorized representatives.
By: By:
John Fischbach Brian Chase
City Manager Director, Facilities Management
City of Fort Collins Colorado State University
Approved As To Form: Approved As To Form:
Carrie M. Daggett Robert Schur
Sr. Assistant City Attorney CSU Contracts Manager
Attest: Approved:
Wanda Krajicek Dr. Patrick Burns
City Clerk Interim V.P. Information Technology
Colorado State University
Page 6 of 6
October 15, 2003
7.
l;
J i I Iit -
Q
W
i
zLU
II ! I !
till cx_
`� 1I
V �3 3 i Iy
W z �
;
I7= 7X
�v I
A
r]]JJ T�
I♦III,�JC �1�r.•�:a ,
ii'a�7i.I;s "
%MEN �t4 w�
N t
`
W.
.r._Y I■.�.lt�ci F �• k`��� .�. '��I, � �„ I w,, � �''� � � , �
ON
fw,!%
s
a�� y.. � '13ir � 2 c. •g�'
�1!INS r�mT9-Wl .°R
nMEFib ,_,:!n7 14mmm - -
• �:r� ►t " �i�i is?i_ILVM i
moil
nowr �
.,L '� I
M f
b