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HomeMy WebLinkAbout65-08 ResolutionRECORD OF RESOLUTIONS Dayton Legal Blartk. Inc., Form No. 30045 65-OS Resolution Nn. Pn.rse~l ,'20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE DUBLIN CITY SCHOOLS FOR THE PURPOSE OF PROVIDING ACCESS TO COMMUNICATIONS FACILITIES WHEREAS, the City of Dublin has invested significantly in optical fiber infrastructure resulting in a City-owned institutional network of nearly 120 miles; and WHEREAS, the City of Dublin is constructing a nearly 24 square mile wireless fidelity (WiFi) infrastructure to provide mobile computing capacity for City operations; and WHEREAS, the City of Dublin has previously collaborated with the Ohio Super Computer Network (OSCnet) for the purpose of establishing the Central Ohio Research Network (CORN), an optical fiber network capable of connecting public entities and private businesses to the Ohio Super Computer Center; and WHEREAS, the City of Dublin desires to collaborate with other Central Ohio municipalities, townships, school districts and other governmental and not-for-profit agencies for the purpose of interconnecting broadband infrastructure in order to efficiently share services, maximize the use of technology and promote institutional uses; and WHEREAS, Dublin City staff has identified the Dublin City Schools as another public entity that possesses certain broadband and similar infrastructure and is interested in collaborating for the purpose of leveraging institutional systems; and WHEREAS, the Dublin City Schools possess certain communications facilities that will enable the effective and efficient city-wide deployment of the City's Wifi system; and WHEREAS, interconnecting institutional networks within the city is advantageous to both the City and the Dublin City Schools; and WHEREAS, the Council of the City of Dublin fully supports the opportunity to collaborate with another public entity in order to maximize the value of our individually owned assets and provide the best services possible to our residents. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ( of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute the Memorandum of Understanding (attached herein as Exhibit 1) with the Dublin City Schools. Section 2. That this Resolution shall take effect and be in force on the earliest date permitted bylaw. Passed this ~Ylo{ day of ~~~ ,joe~2008 Mayor -Presiding Officer ATTEST: of Council CITY OF DUBLIN.. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Public Services Committee From: Jane S. Brautigam, City Manager ~,¢W ~v~'~5I3 Date: August 28, 2008 Memo Initiated By: Dana L. McDaniel, Deputy City Manager/Director of Economic Development Re: Resolution 65-08, Memorandum of Understanding with Dublin City Schools for Communications Access SUMMARY For many years, Dublin City Schools and the City of Dublin have openly communicated, shared information and cooperated regarding a number of issues relative to cell tower infrastructure, right-of--way management/Dublink, and broadband deployment. Additionally, the City of Dublin and Dublin City Schools have partnered and collaborated in a number of ways to leverage publicly owned assets. Both the Dublin City Schools and the City of Dublin own and operate broadband and IT infrastructure that can be mutually enhanced through collaborative efforts. Such efforts can only be undertaken if systems are interconnected. Staff recommends City Council pass Resolution 65-08 authorizing the City Manager to enter into a Memorandum of Understanding (attached) with the Dublin City Schools for the following reasons: 1. Placing Wi-Fi access points (antennae) on school sites will significantly enhance the Ciry's ability to achieve city-wide deployment of the Wi-Fi system. Obviously, this is due to the number of schools physically located throughout the City's residential areas. 2. City-wide deployment of the Wi-Fi system will enhance both the City's and Dublin City Schools' institutional networks. 3. The City of Dublin with assistance from the Ohio Board of Regents, the Ohio Supercomputer Center and Ohio Supercomputer Network, developed and constructed the Central Ohio Research Network (CORN) as a means to connect institutional and research uses to the Ohio Supercomputer Center. By interconnecting the Dublin City Schools to CORN, Dublin City Schools will gain direct access to the Ohio Supercomputer. This connection will provide redundancy to the Dublin City Schools' E-Tech (State provided Internet service) connectivity and potential programming provided by the Ohio Supercomputer Center. 4. Should the Dublin City Schools desire, security cameras can be streamed via Wi-Fi or optical fiber to their central monitoring facility. Safety forces could access these cameras in case of an incident and according to certain protocols established between the parties. 5. Dublin City Schools can join the collaborative efforts of the City of Dublin, City of Westerville, City of Delaware, City of Gahanna, City of New Albany and Delaware County to leverage our institutional networks. Memo re Resolution 65-08 -Dublin City Schools MOA -Communications Access August 28, 2008 Page 2 of 2 Recommendation Staff recommends Council pass Resolution 65-08 authorizing the City Manager to enter into the Memorandum of Understanding with Dublin City Schools for Broadband and TT collaboration. Please contact Dana McDaniel with any questions you may have. Thank you. MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the "Memorandum") is made and entered into effect as of this day of , 2008, 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, and Dublin City Schools (hereinafter referred to as the "DCS"), having offices at 7030 Coffman Road, Dublin, Ohio, 43017, and which are sometimes referred to individually as "Party" and collectively as "Parties." WHEREAS, City desires to assist DCS in providing a higher quality communications system; and WHEREAS, City has built and owns 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, DCS desires particular access to the Fiber System in order to better enhance its communications system; and WHEREAS, City, in exchange for assisting DCS in enhancing its communications system, desires particular access to DCS and its facilities. NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. City Responsibilities. City shall provide the following Fiber System access to DCS: (a) A Physical connection from the Ohio Supercomputer Center to the "CORN Point of Presence (CORN/POP)" at the Online Computer Library Center shall be connected using City owned fiber. (b) DCS fiber will be spliced and connected to the Central Ohio Research Network fiber at the Online Computer Library Center. 2. DCS Responsibilities. DCS shall provide the following access to City: (a) Access to DCS cameras located on and in school buildings. Said access shall be provided after a mutually satisfactory protocol regarding City use is agreed upon by the Parties. (b) School roof access for City's wi-fi carrier, DHB Networks, Ltd. (c) A network jack for events at Coffman High School. ~H 13"16804.1) t 3. Future Cooperation. Both Parties recognize the cooperation regarding expanding the communication facilities of each will be beneficial for each Party. Therefore, the Parties will begin to plan the extension of the communication facilities of each of them. Any construction or sharing of facilities beyond those set forth in the Agreement will be mutually agreed upon in writing. 4. Term and Termination. This Memorandum shall have full force and effect from the date first set forth above and shall terminate twenty (20) years thereafter. Either Party may terminate this Memorandum upon providing six (6) months prior written notice to the other Party. Should this Memorandum terminate, however, DCS shall continue to provide City with roof access as described in Section 2(b) above so long as City's contract with DHB Networks is in full force and effect. 5. Protocol. A protocol shall be mutually developed regarding City access to DCS cameras as set forth in Section 2(a) above, and how that access can be tracked and recorded by DCS. 6. Relationship of Parties. The relationship between the Parties shall not be that of partners, agents or joint venturers for one another, and nothing contained in this Memorandum shall be deemed to constitute a partnership or agency agreement between them for any purposes, including, but not limited to federal income tax purposes. The Parties, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk. 7. Assignment. The Parties agree that neither is entitled to assign this Memorandum nor any of its rights hereunder without the prior express approval of the other. In the event that either Party does so consent, the terms of this Memorandum shall apply to all such assignees and no such assignment shall relieve either Party of any liability under this Memorandum. 8. Amendment. This Memorandum may not be changed, modified, or altered except by an instrument, in writing, that is mutually agreed to by the Parties and signed in accordance with the laws of the State of Ohio. This Memorandum may not be assigned or changed, modified, or altered except by an instrument, in writing, mutually agreed to and signed by the Parties. 9. Indemnification. Neither party shall indemnify, protect, defend or hold harmless the other party or its elected officials, officers, employees, agents and volunteers from and against any claims, costs (including reasonable attorney's fees and court costs), expenses, damages, liabilities, obligations, losses or judgments to the extent arising out of, or in connection with, any claim, demand or action made pertaining to the responsibilities of the Parties as set forth in this Memorandum. ~H 12]6304.1 , ~l 10. Notices. All notices required hereunder must be in writing and shall be delivered to the address set forth below: If to City: Attn: If to DCS: Attn: Phone: Phone: E-mail: E-mail: IN WITNESS WHEREOF, the parties have executed this Memorandum on the date first set forth above. City of Dublin Signature: Type/print nam Title: Date: Dublin City Schools Signature: Type/print name:- Title: Date: ~xis~esaa.i r 3