4.6 SR 04-15-2013 - Laserfiche WebLink

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Fiber Optic Infrastructure Agreement This Fiber Optic Infrastructure Agreement ( "Agreement ") is effective this 7 day of 2013 by and between the City of Elk River, a Minnesota Municipal Corporation ( "City ") and Elk River Municipal Utilities, a Minnesota Municipal Utility ( "ERMU "). WHEREAS, the City has entered into a contract to install a backbone fiber optic ring ( "Network Ring "), in the location shown on Exhibit A attached hereto, for the purposes of connecting governmental facilities located within the City, including city facilities, ERMU facilities, county facilities and potentially Elk River School District facilities; and WHEREAS, the ERMU has expressed a desire to install fiber optic infrastructure to connect its facilities to the Network Ring ( "Lateral Connections "), and to participate in the capital costs and the ongoing operation and maintenance costs of the Network Ring. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Installation. a. Network Rina. The City shall be solely responsible for installing the Network Ring and all infrastructure related thereto necessary for the Network Ring to serve its purposes. b. Lateral Connections. ERMU Lateral Connections, and al Network Ring and the ERMU Ring. Ownership. shall be solely responsible for installing, at its cost, the necessary infrastructure related thereto, between the facilities which ERMU desires to connect to the Network a. Network Rina. The City shall have sole responsibility for installing, operating, maintaining and repairing the Network Ring, and shall be the sole owner of the Network Ring. ERMU's participation in the capital costs and the operation and maintenance costs of the Network Ring will not entitle ERMU to any ownership of or interest in the Network Ring, except that 33 percent of the fiber optic strands comprising the Network Ring shall be reserved for ERMU as provided in this Agreement. b. Lateral Connections. ERMU shall be the sole owner of the Lateral Connections and all infrastructure related thereto, and shall be solely responsible, at its cost, for the installation, operation, maintenance and repair of the Lateral Connections. Annual Meetina. The City and ERMU shall meet annually in January of each year to discuss issues relating to the operation of the Network Ring. Costs. a. Initial Capital Costs. The City's contract for installation of the Network Ring is in the amount of $254,721.24. ERMU agrees to reimburse the City for 33 percent of the total capital costs to install the Network Ring, in an amount not to exceed $84,058.01. Reimbursement of ERMU's share of the City's Initial Capital Costs shall be made by