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Home My WebLink About48-05 Resolution RECORD OF RESOLUTIONS _______~~t?I"\_~ega~~~l.r2c:' ~~~ No~O~~_. _._________ __ _ ___ ____n__ ____..",,______," ._n______ ________ ------ - - -----~.. ----~--_.-,_._------_.._- ----- -----".------..-..----- Resolution No, 48-05 Passed . 20 - . ~ ---------- . - ---------,----...---- -------- -----.- . -- __________._"_._______ . _____.._. ---_____.00__- AUTHORIZING THE CITY MANAGER TO ENTER INTO AN MOU WITH THE OIDO STATE UNIVERSITY ON BEHALF OF OARNET FOR THE PURPOSE OF USING AND OPERATING THE TIDRD FRONTIER NETWORK OVER CERTAIN CITY- OWNED OPTICAL FIBERS WHEREAS, the City of Dublin has adopted certain telecommunication-related goals, such as, to comply with the Telecommunications Act of 1996; facilitate the rapid deployment of bandwidth and associated services/technologies; and enhance economic development; and WHEREAS, the City of Dublin has determined that available bandwidth is a critical infrastructure necessary to meet these goals; and WHEREAS, the City of Dublin owns and manages its own underground optical fiber system which provides access to bandwidth; and WHEREAS, the City of Dublin promotes the access to its bandwidth for institutional use; point-to-point connectivity; dark fiber leasing; and for purposes that promote economic development; and WHEREAS, the City of Dublin desires to connect its optical fibers to the Third Frontier Network "TFN", which includes OARnet and the Ohio Super Computer Center, for the purpose of connecting schools, research universities and institutes, colleges, government, and business; and WHEREAS, connectivity to the TFN will foster new collaborations between and among these entities, while at the same time promoting critical educational, scientific and industrial capacities and research, thereby advancing the technology-based economy that will be instrumental in the future economic development of the City of Dublin and Central Ohio; and WHEREAS, the State of Ohio has identified a Grant of $500,000 from the State of Ohio Capital Fund for Dublin's "Central Ohio Technology Corridor", which is comprised of Dublin's optical fiber system; and WHEREAS, it is necessary for the City to enter into a Memorandum of Understanding (MOU)/ Agreement with The Ohio State University on behalf of OARNET for the purpose of using and operating the Third Frontier Network over certain City-owned optical fibers. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, +- of the elected members concurring: Section 1. That the City Manager is hereby authorized to enter into a Memorandum of Understanding/Agreement with The Ohio State University on behalf of OARNET for the purpose of using and operating the Third Frontier Network over certain City-owned optical fibers. Section 2. That this Agreement shall not become effective until approved as to form by the City Attorney and signed by the City Manager. Section 3. That this Resolution shall take effect and be in force on the earliest date permitted by law. Passed this J Q fb day of ~ ,2005 ~ Mayor - Presiding Officer ATTEST: I hereby certify that copIes of this ~ e ~ Ordinance/Resolution were posted in the Clerk of Council City of Dublin in accordance with Section 731.25 of the Ohio Revised Code, Office of the City Mana~er 5200 Emerald Parkway · Dub in, OH 43017 Phone: 614-410-4400. Fax: 614-410-4490 CITY OF DUBIJN Memo To: Members of the Dublin City Council From: Jane S. Brautigam, City Manager ~ Date: June 14, 2005 Initiated By: Dana L. McDaniel, Director of Economic Developm~11 / Re: Resolution #48-05 BACKGROUND Attached for your consideration please find Resolution 48-05 authorizing the City Manager to enter into a Memorandum of Understanding/ Agreement with The Ohio State University on behalf of OARnet (Exhibit "A") for the purpose of using and operating the Third Frontier Network over certain City owned optical fibers. Dublin City Council, at its last meeting, passed Resolution 39-05 authorizing the City Manager to enter into a Joint Use Agreement with the Ohio Board of Regents. Resolution 39-05 enables the City to receive funding from the State of Ohio to establish connectivity and provide for operational needs. Resolution 48-05, if passed, will enable the City to establish a formal relationship with OARnet who will then use and operate certain City owned optical fibers. The City will benefit from this connectivity. Dublin City Council understands the need for access to bandwidth. The City currently owns optical fibers for governmental purposes. The City operates its own institutional network. The City expanded its optical fibers beyond Dublin and throughout a large portion of Central Ohio in order to be connected to multiple points of presence or "POPs". Also, the City came to realize after a couple successful economic development projects that unused bandwidth/fibers could be used for point-to-point connectivity for economic development purposes. The City now has the opportunity to benefit by connecting its optical fiber system to the Third Frontier Network (TFN)/OARnet/Ohio Super Computer Center and having OARnet operate the fibers. By doing so, the City can work collaboratively with The Ohio State University to establish further connectivity to schools, research universities and institutes, colleges, government, and business. This connectivity will foster new collaborations between and among these entities, while at the same time promoting critical educational, scientific and industrial capacities and research. This collaboration will better advance the technology-based economy that will be instrumental in the future economic development of the City of Dublin and Central Ohio. As an example, researchers rely on significant bandwidth to move and access data and to collaborate with other researchers. Access to the Third Frontier Network will potentially provide the following: . Collaborative research statewide, nationally and internationally. . High performance network for the Governor's "Third Frontier" project. . Remote shared resources and instrumentation. . Enhanced distance learning applications. . Enhanced network and computer science research. . Joint research and economic development for industry. . Biomedical applications such as remote robotic surgery. . Ohio Biomedical Computational Grid creation. (Source: OSC/OARNET News, December 2002) The Memorandum of Understanding/ Agreement, if approved by the City of Dublin and later by the Ohio Board of Regents, will help to establish a bandwidth infrastructure that will enable these possibilities. RECOMMENDATION Staff recommends Council approve Resolution 48-05. By approving it as soon as possible, the City can demonstrate its willingness to move forward on the project. The Memorandum of Understanding/ Agreement is comprehensive and covers the responsibilities of the parties. It is feasible that very minor changes to the Memorandum of Understanding/ Agreement may be needed even after approval by City Council. Obviously, any changes of a substantive nature will be brought back to Council for additional review and approval. However, staff does not anticipate any at this time. Should you have specific questions about the Memorandum of Understanding/ Agreement, you can address those to Greg Dunn at 0: 462-2339. Greg also will be available at the Council meeting to answer questions. You may also address questions regarding this Resolution to Dana McDaniel at 410-4619. Thank you. 2 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") made and entered into as of the day of , 2005, between the CITY OF DUBLIN, OHIO, an Ohio municipal corporation (hereinafter referred to as the "City"), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-1006, and THE OHIO STATE UNIVERSITY ON BEHALF OF OARNET, an Ohio political subdivision and/or state agency (hereinafter referred to as "OARnet"), having an office at 1224 Kinnear Rd., Columbus, Ohio 43212, and which are sometimes referred to individually as "Party" and collectively as "Parties." WITNESSETH: WHEREAS, the City has an existing optical fiber system (hereinafter referred to as the "Fiber System") throughout the City of Dublin, Ohio and the greater Columbus, Ohio metropolitan area; and WHEREAS, the City has excess fibers in the Fiber System and will provide four fibers to OARnet and to grant OARnet an Indefeasible Right of Use or IRU (attached as Exhibit A hereto) in and to such fibers for the purpose of providing telecommunications, video, data, and/or information services; and WHEREAS, in connection with the grant to OARnet of an IRU in and to such fibers, the City is willing to allow OARnet to use certain other property owned by the City, including, but not limited to, innerduct, conduit, building entrance facilities and associated appurtenances; and WHEREAS, OARnet is operating the Third Frontier Network (TFN), which shall include, but not be limited to, use of the City's system to connect universities, colleges, community colleges, research centers (public and private), and industry for the purpose of joint research, education and economic development to foster new collaborations between and among these entities. All to be mutually decided and not in violation of the Acceptable Use Policy ("AUP" attached as Exhibit B hereto) of TFN, and thereby advance the development of a technology-based economy through the promotion of critical educational, scientific and industrial capacities and research,; and WHEREAS, in connection with undertaking one or more projects for which the City will provide fibers in the Fiber System to OARnet, the Parties have agreed to enter into this Agreement which embodies the mutual covenants and agreements for the long term relationship between the Parties hereto and for each such project; and WHEREAS, the Parties may in the future agree to enter into additional separate agreement(s) for additional and/or separate optical fiber uses which will incorporate the covenants and agreements of this Agreement and which will also set forth the terms and provisions unique to each additional or different specific project. I H0558028,2 J 1 of 6 WHEREAS, City has obtained a Five-Hundred Thousand Dollar ($500,000.00) grant (hereinafter "Grant") from the State of Ohio Capital Fund, with the belief that this Grant would be spent to develop TFN services in Franklin County and Dublin, Ohio. NOW, THEREFORE, in this Agreement, the Parties hereto do hereby agree as follows: I. INDEFEASmLE RIGHT-TO-USE. The parties agree to the terms and conditions contained in the attached IRU and agree to execute the IRU contemporaneously with this Agreement. II. USE OF GRANT. OARnet agrees that the Grant from the City will be spent to purchase, install and operate the equipment necessary to provide a reliable interface and satisfactory operational connectivity between the TFN backbone and the fiber granted to the OARnet by the IRU. The functionality referenced herein shall be provided by OARnet pursuant to a mutually agreed upon plan and procedure approved by the Parties. III. FUNDS. Dublink will collaborate with OARnet regarding the expenditure of the Grant, for the purpose of purchasing, installing and operating the equipment required by Section II above. Should there be any excess funds from the Grant after the requirements of Section II have been met; the Parties agree that the excess monies will be spent to establish connectivity to the City's facilities, Dublin City Schools or economic development sites within Dublin's corporate limits as determined by the City in its sole discretion. IV. PUBLIC RELATIONS. The Parties will cooperate to issue mutually agreed upon press releases to assist City in its economic development efforts. V. FORCE MAJEURE. Neither Party shall be liable to the other for any failure of performance under this Agreement due to causes beyond its control (except for the fulfillment of payment obligations as set forth herein), including, but not limited to: acts of God, fire, flood, earthquake or other catastrophes; adverse weather conditions; material or facility shortages or unavailability not resulting from such Party's failure to timely place orders therefore; lack of transportation; national emergencies; insurrections; riots, wars; or strikes, lockouts, work stoppages or other labor difficulties (collectively, "Force Majeure Events"). VI. ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors or assigns; provided, however, that no assignment hereof or (H0558028,2 ) 20f6 sublease, assignment or licensing (hereinafter collectively referred to as a "Transfer") of any rights or obligations hereunder shall be valid for any purpose without the prior written consent of each Party hereto. VII. WAIVER OF TERMS OR CONSENT TO BREACH. No term or provision of this Agreement shall be waived and no breach excused, unless such waiver or consent shall be in writing and signed by a duly authorized officer of the Party claimed to have waived or consented to such breach. Any consent by either Party to, or waiver of, a breach by the other Party shall not constitute a waiver of or consent to any subsequent or different breach of this Agreement by the other Party, such failure to enforce shall not be considered a consent to or a waiver of said breach or any subsequent breach for any purpose whatsoever. VIII. RELATIONSHIP NOT A PARTNERSHIP OR AN AGENCY. The relationship between OARnet and the City of Dublin shall not be that of partners or agents for one another and nothing contained in this Agreement shall be deemed to constitute a partnership, joint venture or agency Agreement between the Parties hereto. IX. NO THIRD-PARTY BENEFICIARIES. This Agreement is for the sole benefit of the Parties hereto and their respective permitted successors and assigns, and, shall not be construed as granting rights to any person or entity other than the Parties or imposing on either Party obligations to any person or entity other than a Party. X. EFFECT OF SECTION HEADINGS. Section headings appearing in this Agreement are inserted for convenience only and shall not be construed as interpretations of text. {H0558028,2 } 30f6 XI. NOTICES. Any written notice under this Agreement shall be deemed properly given if sent by registered or certified mail, postage prepaid, or by nationally recognized overnight delivery service or by facsimile to the address specified below, unless otherwise provided for in this Agreement: If to OARnet to: If to City to: City Manager City of Dublin, Ohio 5200 Emerald Parkway Dublin,OH 43017-1006 With a Copy to: With a Copy to: Law Director City of Dublin, Ohio 5200 Emerald Parkway Dublin,OH 43017-1006 Either Party may, by written notice to the other Party, change the name or address of the person to receive notices pursuant to this Agreement. XII. SEVERABILITY. In the event any term, covenant or condition of this Agreement, or the application of such term, covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants and conditions of this Agreement and their application shall not be affected thereby, but shall remain in force and effect unless a court holds that the invalid term, covenant or condition is not separable from all other terms, covenants and conditions of this Agreement. XIII. COMPLIANCE WITH LAW. Each Party hereto agrees that it will perform its respective rights and obligations hereunder in accordance with all applicable laws, rules and regulations. XIV. GOVERNING LAW AND VENUE. This Agreement shall be interpreted in accordance with the Charter and Codified Ordinances of the City of Dublin, as amended, the laws of the State of Ohio, and all applicable federal laws, rules and regulations as if this Agreement were executed and performed wholly within the State of Ohio. No conflict of law provisions shall be invoked so as to use the laws of any other jurisdiction. {H0558028,2 J 40f6 XV. ENTIRE AGREEMENT. This Agreement, including any Exhibit attached hereto, all constitute the entire agreement between the Parties with respect to the subject matter. This Agreement cannot be modified except in writing signed by both Parties. (H0558028,2 } 5of6 IN WITNESS HEREOF the parties have executed and delivered this Agreement effective the day and year first above written: OARnet: The Ohio State University on behalf of OARnet an Ohio political subdivision and/or state agency. By: Its: CITY: City of Dublin, Ohio, an Ohio municipal corporation. By: Its: Approved As To Form: Law Director, City of Dublin, Ohio. REST OF PAGE LEFf INTENTION ALL Y BLANK {H0558028,2 ) 60f6