HomeMy WebLinkAboutResolution 005-15RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc.,, Fonn No. 30045
05 -15
Resolution No.
Passed
20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A JOINT USE AGREEMENT BETWEEN THE
CITY OF DUBLIN AND THE OHIO BOARD OF REGENTS.
WHEREAS, the Ohio General Assembly appropriated Three Hundred Thousand
Dollars ($300,000) ("Funds'l to the Ohio Board of Regents to be used by Dublin for
construction of certain capital infrastructure to wit: fiber optic system improvements;
and
WHEREAS, Ohio Administrative Code §3333- 1 -03(E) requires a public institution to
submit to the Chancellor of the Ohio Board of Regents a joint use agreement that
contains the requirements in (E)(1) -(11) for review and approval; and
WHEREAS, Dublin has demonstrated that the value of the use of the facility or
equipment is reasonably related to the amount of appropriation; and
WHEREAS, this Agreement is being entered into between the Ohio Board of Regents
and the City of Dublin and it is intended that Dublin and the Ohio Academic
Resources Network ("OARnet'� both benefit from the terms hereof; and
WHEREAS, Dublin has an existing optical fiber system (hereinafter referred to as
" Dublink') throughout Dublin and Central Ohio; and
WHEREAS, Dublin has proposed to build a new optical fiber route within Dublin to
connect municipal facilities, public institutions and Dublin City Schools, ultimately
expanding Dublink; and
WHEREAS, public institutions and Dublin City Schools will be enabled by these
Funds to locate certain servers and cause the placement of electronics to assure
interconnectivity with OARnet.
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 a Joint Use
Agreement between the City of Dublin and the Ohio Board of Regents, in
substantially the form set forth in Exhibit A.
Section 2. This Resolution shall take effect upon passage in accordance with
Section 4.04(a) of the Revised Charter.
Passed thi day of 2015
M or - Presiding Officer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha Grigsby, City Manager
Date: December 31, 2014
Initiated By: Dana L. McDaniel, Director of Development
Re: Resolution 05 -15 — Joint Use Agreement with Ohio Board of Regents
Background
Memo
As Council may recall, the Ohio General Assembly appropriated $300,000 to the Board of
Regents to be used towards the City of Dublin's efforts to make a 100 gigabit capable fiber
optic backbone available for research and education. Attachment A contains the project
application summary submitted to the General Assembly that resulted in the award of the
$300,000. The intent of this project as presented to the State of Ohio General Assembly is to:
Provide a fiber optic backbone that can operate at 100 gigabits of broadband speed and
capacity in order to create, retain, expand and attract high -tech and broadband driven industry,
businesses and jobs, while expanding the capabilities of primary and secondary education.
The City of Dublin, through its own efforts as part of its ongoing Five -Year Capital Improvement
Program, will fund the portions of the 100 gigabit fiber optic backbone to be used by the private
sector. The funds to be provided by the General Assembly, via the Board of Regents, will be
focused on building out infrastructure to support those parts of the 100 gigabit system to
support municipal needs, connect schools and other public institutions that can benefit from the
system. Deployment of this backbone in support of public institutions and specifically Dublin
City Schools will significantly enhance the overall City -owned fiber optic system by reaching into
areas where the system is not currently deployed. It will likely be necessary for the City to enter
into a subsequent agreement(s) with the Dublin City Schools and /or other public institutions
that desire to leverage the 100 gigabit fiber optic backbone capability funded by the State of
Ohio.
In order to receive this funding, Ohio Administrative Code Section 3333- 1 -03(E ) requires a
public institution to submit to the Chancellor of the Ohio Board of Regents a joint use
agreement that contains the requirements in (E )(1) -(11) for review and approval. Staff has
demonstrated that the value of the use of the proposed asset will meet the requirements of the
Administrative Code. In effect, the ongoing lease rate that Dublin currently applies for the use
of its optical fiber system combined with its experience with cost avoidance meets this
requirement. A draft joint use agreement is attached (Attachment B).
Recommendation
Staff recommends Council approve Resolution No. 05 -15. Please contact Dana McDaniel with
any questions.
Exhibit A
Project Name 100 Gigabit - Dublink Ignite Fiber Optic Project
Project Mission Statement Provide a fiber optic backbone that can operate at 100 gigabits of
broadband speed and capacity in order to create, retain, expand and attract high -tech and
broadband driven industry, businesses and jobs, while expanding the capabilities of prlmafy and
secondary education.
Project Description As an extension of the effort put forth by Governor Kasich and the State
Legislature's deployment of a 100 gigabit backbone in support of educational institutions, the City
of Dublin intends to scale its existing fiber optic architecture to 100 gigabit capability. This
capability will be made available to start-up, small and medium size businesses within a defined
geographic area of Dublin (See Attachment 1) and to Dublin City Schools. Increasing the capability
of the existing Dublin -owned system will enable businesses and Dublin City Schools to interconnect
to academic /research networks; National Science Foundation computing capability; Ohio
Supercomputer; Internet2 national and international research network; data center services /cloud
computing; thin client services; data analytics; and City owned Wi -Fi. Dublin City Schools will be
able to interconnect to college level institutes to demonstrate the value of remote and virtual
learning environments and model this to other local schools. Businesses will be able to access a
"virtual playground" to promote the retention, expansion and attraction of IT companies and
research and development interests /companies that desire to access high level computing
capacity. New applications (virtualization, analytics, software, simulation, etc.), new businesses
and new jobs can be developed.
The City will add fiber optics architecture to the existing system, 100 gigabit routing equipment,
and fiber optic laterals into certain multi- tenant buildings in a fixed geographic area and to an
interconnection point with Dublin City Schools. The project will be fully engineered and deployed
by December 31, 2014. Evaluation will be ongoing through December 31, 2015.
Funding Requested The City of Dublin respectfully requests $334,480 towards the
implementation of this project. See Attachment 2 for project cost components.
Regional and State -wide Impact Several cities and academic institutions within the region
and in the State of Ohio possess fiber optic /broadband infrastructure. The City of Dublin will
expand its successful beta test in a controlled second generation deployment to achieve the 100
gigabit capability building on lessons learned (See Beta Test/Award Winning Research in
Background below). Further lessons learned will be shared with others in order that additional 100
gigabit capability can be developed within the region and the State of Ohio. These lessons will be
garnered by a team of academics from The Ohio State University, Ohio Academic Resource
Network (OARNet) and University of Missouri in partnership with Raytheon BBN and Metro Data
Center using grant funding already received from the National Science Foundation in the amount
of $265,000.
Economic Impact The 100 Gigabit capability provided by this project will be a first of its kind in
the Midwest region of the United States. The presence of the 100 gigabit backbone is anticipated
to attract 500 new jobs in three years after the deployment is complete in the computer, health
sciences, banking and financing services industries. Average wages of such jobs are anticipated to
100 Gigabit — Dublink Ignite Fiber Optic Project
Page 2
be in the $40,000 - $50,000 per year range. The competitiveness of office buildings along the 100
gigabit fiber route will be significantly increased to create, retain, expand and attract new
businesses. The 100 gigabit — Dublink Ignite project will deepen the understanding of deployment,
use and impact of this capability for municipalities, public schools, the private sector and other
organizations who possess broadband infrastructure or who are considering the deployment of
similar broadband infrastructure. Such efforts will strengthen the overall broadband capability
within the State of Ohio increasing the State's overall competitiveness and job growth.
Background
Moore's Law, an axiom of computer microprocessor development, holds that computer
processing power doubles about every 18 months, especially relative to cost or size. This
has held mostly true for decades and is anticipated to continue for decades to come.
Therefore, demand for ever - greater levels of internet speed and capacity will continue to
increase. Cities around the globe are recognizing that they must compete in a rapidly
changing technological environment that runs predominantly on infrastructure that provides
broadband and drives the digital economy. Broadband is now recognized as a key
infrastructure and job and wealth multiplier. High paying technology jobs are typically
associated with jobs rooted or enabled by information technology and the digital economy.
Information technology capabilities are only as good as the broadband backbones they can
access and to services that enhance their capabilities to leverage broadband. Hence, cities
such as Chattanooga, Tennessee, Riverside, California and now Google cities, which include
Kansas City, Missouri, Austin, Texas and Provo, Utah, are seeking to differentiate
themselves competitively with ultra -speed broadband networks, operating at about 1
gigabit.
Dublink: The City of Dublin possesses a 120 mile fiber optic system throughout its
commercial district and throughout Central Ohio. The City uses its fiber optic system to
interconnect public facilities, lease dark fiber to the telecommunications industry and to
provide interconnectivity for major companies in Dublin. The City also partners with the
Ohio Academic Resource Network (OARNet) and the Ohio Supercomputer Center to provide
the Central Ohio Research Network (CORN). CORN consists of a portion of the City's fiber
optic network and is "lit" and operated by OARNet. CORN provides connectivity between
Dublin companies, public institutions, Ohio's Supercomputer and Ohio's universities,
colleges and research institutes. The City of Dublin has invested $5 million in the
deployment of Dublink and its 24 square miles of Wi -Fi system. Both deployments are
public /private partnerships. The City of Dublin and Dublink have been recognized twice as a
Top7 community among several hundred communities, internationally, by the international
think tank — The Intelligent Community Forum ( http:/ /www.intelligentcommunity.org
Dublin is also a US Ignite City ( http: / /us- ignite.org
• Beta Test/Award Winning Research: The City of Dublin, in partnership with OARNet, the
Ohio Supercomputer, The Ohio State University and the University of Missouri, has
conducted beta testing on Dublin's fiber optics to deploy unique services such as thin client
services, cloud computing and access to a local data center. The beta test cost nearly
$250,000 and was successful in determining the value of these services to small and
100 Gigabit — Dublink Ignite Fiber Optic Project
Page 3
medium size businesses. Additionally, this team, in partnership with TotalSim, a local Dublin
company, received a US Ignite award for this research demonstrating how a company's
software applications can be developed by leveraging the fiber optic system's capabilities.
This research and this award garnered the attention of the National Science Foundation
(NSF). As a result, Dublink gained connectivity to the National Science Foundation's Global
Environment for Network Innovation (NSF GENI; http: / /www.geni.net virtual laboratory
via OARNet.
Project Partners
• City of Dublin: The City will make available its existing interconnections and access to
certain broadband infrastructure to enable portions of the project. However, additional fiber
will be needed to help make the fiber optic architecture 100 gigabit capable.
• Ohio Academic Resource Network and Ohio Supercomputer Center (The Ohio State
University): The Central Ohio Research Network will be interconnected to the 100 gigabit
backbone to provide R&D capacity to the private sector.
• The University of Missouri: Dr. Prasad Calyam, formerly of The Ohio State University,
managed a $200,000 grant from Mozilla and $50,000 from the City of Dublin to conduct a
beta test (See Background, above). Dr. Calyam has received another grant from the NSF
($265,000) which will enable academic research on the deployment of the 100 gigabit
capability. This will enable the project to be evaluated and outcomes /capabilities to be
measured.
• Metro Data Center, Inc. ( http: / /metrodatacenter.com A privately owned data center in
Dublin and within the geographic area of the proposed deployment, Metro Data Center
provides more than 6,000 square feet of "High Tier" infrastructure, supporting a fully
redundant N +1 environment. The data center is Carrier Neutral and is a fiber rich
environment providing multiple connectivity avenues. The data center is co- located with
Dublin Entrepreneurial Center; housing over 100 start-up companies. Metro Data Center is
also the "point of presence" between Dublink, OARNet and critical private sector
telecommunication service providers. Access to the NSF's "Genf virtual laboratory" is also
provided here.
• US Ignite — The City of Dublin is a US Ignite Community. US Ignite fosters the creation of
next- generation Internet applications that provide transformative public benefit by
"igniting" the development and deployment of new apps with profound impact on how
Americans work, live, learn and play.
DRAFT
Exhibit B
JOINT USE AGREEMENT
Between the City of Dublin and the Ohio Board of Regents
This Joint Use Agreement ( "Agreement ") is entered into by and between the City of
Dublin, Ohio, an Ohio municipal corporation (hereinafter referred to as the "City") having an
office at 5800 Shier Rings Road, Dublin, Ohio 43016 and the Ohio Board of Regents, an
instrumentality of the State of Ohio created and existing under Chapter 3333 of the Ohio Revised
Code (hereinafter referred to as "Board "), having an office at 25 South Front Street, Columbus,
Ohio 43215, and which are sometimes referred to individually as "Party" and collectively as
"Parties."
WHEREAS, House Bill passed by the Ohio General Assembly appropriates Three
Hundred Thousand Dollars ($300,000) ("Funds")� tb the Board to be used by t e City for
construction of certain capital infrastructure to wit: fiber optic system improvements; and
WHEREAS, Ohio Administrative Code §3333- 1 -03(E) requires a public institution to
submit to the Chancellor of the Ohio Board of regents a joint (use agreement that contains the
requirements in (E)(1) -(11) for review and approval,; and
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WHEREAS, the City ha that t value of the use of the facility or
equipment is reasonably related to the amount of appropriation through the worksheet included
in this Agreement as Attachment A; and i�III
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V EREAS, this Agreement is being entered into between the Board and the City is
intended that the Ohio Academic 1Zesources Network ( "OARNet ") benefit from the terms hereof;
and I �illfli�lc
WHEREAS, the Board has concluded that the value of the City's facilities as provided to
OARNet in this Agreement is reasonably related to the amount of the Funds; and
WHEREAS, the City 'las an existing optical fiber system (hereinafter referred to as the
"Existing Fiber System ") throughout the City and Central Ohio; and
WHEREAS, the City proposes to build a new optical fiber route within Dublin to
enhance municipal operations and connect the Dublin City Schools ( "New Fiber System "); and
WHEREAS, THE City of Dublin will connect certain municipal facilities, enhancing
safety, communications, interconnection and the WiFi/wireless backbone; and
WHEREAS, Dublin City Schools will be enabled by these Funds to locate certain servers
and cause the placement of electronics to assure interconnectivity with OARNet; and
WHEREAS, the City desires to interconnect the existing and New Fiber System for the
purpose of furthering research and education; and
WHEREAS, the City will also grant OARNet an IRU in and to four (4) fibers in a portion
of the the New Fiber System; and
WHEREAS, OARNet connects K -12 schools, research universities, medium and smaller
universities and colleges, government agencies and others in order to foster new collaborations
between and among these entities, while at the same time promoting critical educational,
scientific and industrial capacities and research thereby ad vancing a technology based economy;
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 II set forth the terms and
provisions unique to each additional or different sp ecific project.
NOW, THEREFORE, in consideration of the mutual Ibenefits hereunder, it is hereby
agreed to between the parties as follows:
1. Facility or equipment owned, to be built or Purchased by nonprofit or public body.
The facility to be built, is a fiber optic network- described in Attachment C and referred to
herein as New :Fiber System.
2. Use of the facility or equipment by public institution. The New Fiber System will be
connected with the E --$fisting Fibe"r System and OARNet will be granted an IRU to use two
pair of fiber i� the New Fiber System. The New Fiber System will be connected to the
New Fiber System and the Existing Fiber System.
3. Term This Agreement shall b f g 'n upon execution and terminate twenty 20 ears after
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the exec I u "on date.
4. Reimbursement of funds In the event that this Agreement is terminated because City's
failure to execute the IRQ City shall remit to the State of Ohio the Funds. In the event
that this Agreement is terminated prior to the expiration of the term in Paragraph 3, the
IRU shall remain the property of OARNet pursuant to its terms.
5. Use of Funds. The Funds provided under this Agreement shall be used only to build and
provide electronics for the New Fiber System.
6. Competitive bidding. The City will follow all State and local laws regarding bidding
procedures and purchasing.
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7. Amendments. Any amendments to this Agreement shall be in writing, signed and
approved by City and signed and approved by the Board.
Records of University Use Upon request by the Board, City shall supply the Board
with a copy of the executed IRU.
9. Distribution of Funds; Administrative Costs Upon execution of this Agreement the
Board shall release the Funds to City for the uses specified herein.
10. Force Maieure Neither Party shall be liable to the other for any failure of performance
under this Agreement due to causes beyond its cont of ( for the fulfillment of
payment obligations as set forth herein), including, b but k 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 �fai�ure to timely place orders
therefore; lack of transportation; national { emergencies; insurrections; riots; wars; or
strikes, lockouts, work stoppages or other labor difficulties (coliecti vely, "Force Majeure
Events ").
11. Assisnment. This Agreement shall be binding upon and inure to the benefit of the
Parties hereto and their respective successors or ass }gns; provided, however, that no
assignment hereof or 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 Part y hereto.
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12. Relationship w a PartnIrship or an Asency The relationship between Board and the
City shall not be that of partners or agents or one another and nothing contained in this
Agreement shall be deemed to constitute a" partnership, joint venture or agency
Agreement between the Parties hereto.
I
13. Se f- Insurance Both City and OARNet are self - insured, and damage to the system
shall be repaired pursuant to the terms of the IRU.
14. No Third -Party Beneficiaries This Agreement is for the sole benefit of the Parties
hereto and"ffieir respective !permitted successors and assigns, and except for the
requirements herein, 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.
15. Effect of Section HeadinSS Section headings appearing in this Agreement are inserted
for convenience only and shall not be construed as interpretations of text.
16. 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:
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If to Board to:
Chancellor
Ohio Board of Regents
25 South Front Street
Columbus, OH 43215
With a Copy to:
17.
1
19
20.
If to City to:
City Manager
5800 Shier Rings Road
Dublin, Ohio 43061
With a Copy to:
Law Director
F --ost Brown Todd
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.
►
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 havQ 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 that1the ,invalid term, covenant or condition is not
separable from all other terms, covenants and c nditions of this Agreement.
V
Compliance with Law Each Party hereto 1� rees that it will perform its respective rights
and obligations (hereunder in accordance ith all applicable laws, rules and regulations.
Governing Law and Venue This Agreement shall be interpreted in accordance with the
Charter and Codified Ordinances of the City, 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 & laws of any other jurisdiction. The exclusive venue for all cases
or disputes related to or arising out of this Agreement shall be the state and federal courts
in Franklin County, Ohio. ; d
Entire Agreement. i ( lhhis Agreement, including any Attachments 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.
Project:
Date:
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IN WITNESS WHEREOF, the parties have executed this Joint Use Agreement as of the date
set forth below.
The City of Dublin
an Ohio municipal corporation
The Ohio Board of Regents
an instrumentality of the State of Ohio
Its:
Date:
Approved as to Form:
Law Director
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Date:
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