46-10 ResolutionRECORD OF RESOLUTIONS
Form No. 30045
Resolution No. 46 -10 Pawed
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE DUBLIN CITY
SCHOOL DISTRICT TO ALLOW THE CITY TO PLACE WI-
FI EQUIPMENT AT DUBLIN SCIOTO HIGH SCHOOL AND
FURTHER ALLOWING THE DUBLIN CITY SCHOOL
DISTRICT TO CONNECT TO DUBLINK FACILITIES.
WHEREAS, the City of Dublin is dedicated to providing its citizenry and businesses with
outstanding services, including Wi -Fi services in the Dublin area; and
WHEREAS, the City of Dublin is consistently evaluating options for expanding upon and
improving Wi -Fi services in the Dublin area, especially public safety Wi -Fi services; and
WHEREAS, the City of Dublin has concluded that it can improve its public safety Wi -Fi
services in the Dublin area by placing Wi -Fi equipment on property owned by the Dublin
City School District; and
WHEREAS, the Dublin City School District is amenable to allowing the City of Dublin
to place Wi -Fi equipment on its property, specifically, on a monopole at Dublin Scioto
High School; and
WHEREAS, the Dublin City School District, in return, has requested of the City of
Dublin that it be permitted to access a conduit adjacent to Dublin Scioto High School
within the DubLink fiber system; and
WHEREAS, by obtaining access to this conduit within the DubLink fiber system, the
Dublin City School District will be able to connect to valuable educational resources
including the Central Ohio Research Network and the Ohio Academic Research Network;
and
WHEREAS, pursuant to these general terms, the City of Dublin and the Dublin City
School District desire to enter into a collaboration agreement ( "Agreement ") to
memorialize the terms of this mutually beneficial endeavor.
NOW, THWFORE, BE IT RESOLVED by the Council, of the City of Dublin, State
of Ohio, —4— of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute an Agreement between
the City of Dublin and the Dublin City School District, said Agreement authorizing the
parties to take the action necessary for the City of Dublin or its designee to place public
safety Wi -Fi equipment on a light pole at Dublin Scioto High School, and further allowing
the Dublin City School District to obtain access to a conduit adjacent to Dublin Scioto
High School within the DubLink fiber system.
Section 2. This Resolution shall take effect and be in force from and after the earliest
date permitted by law.
Passed this IAN day of Odfp 6% 2010.
MORE
ATTEST:
6�
Clerk of Council
CITY OF DUBLIN_
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Dublin City Council
From: Marsha Grigsby, Interim City Manager
Date: October 7, 2010
Initiated By: Dana McDaniel, Deputy City Manager /Director of Economic Development
Summary
Re: Resolution 46 -10 -Agreement with Dublin City Schools to Allow the City to
Place Wi -Fi Equipment
Attached is Resolution 46 -10, authorizing the City Manager to enter into an Agreement
(Enclosure 1) with Dublin City Schools. The purpose of this Agreement is to obtain permission
to place Wi -Fi equipment on Dublin City Schools' property in exchange for providing them with
access to the Dublink conduit. The City desires to obtain access to one of the Dublin Scioto High
School stadium light poles in order to place a Wi -Fi access point (AP). Additionally, the City
will then have the ability to provide an optical fiber to the AP in order to "backhaul" data and
telecommunication traffic /signals from the AP into the City's optical fiber system. The
installation of this AP will greatly enhance Wi -Fi service in the area. In return, the Dublin City
Schools will be permitted to access the Dublink conduit adjacent to Dublin Scioto High School.
The Dublin City Schools, at its own expense, will provide their own lateral service line from
Dublin Scioto High School to the conduit. By accessing this conduit, Dublin City Schools can, if
they choose, connect to the Central Ohio Research Network (CORN), providing them the ability
to access the Ohio Academic Research Network (OARnet).
Recommendation
Staff recommends Council approval of Resolution 46 -10, which will mutually benefit the City of
Dublin and Dublin City Schools. Please address any questions to Dana McDaniel.
This COLLABORATION AGREEMENT ( "Agreement ") is entered into and effective on
this day of 2010, by and between the City of Dublin, an Ohio municipal
corporation with offices located at 5200 Emerald Parkway, Dublin, Ohio 43017 ( "City "), and the
Dublin City School District, with offices located at 7030 Coffman Road, Dublin, Ohio 43017
( "School District "). City and School District may individually be referred to herein as "party" or
collectively referred to herein as "parties."
Recitals
WHEREAS, the parties desire to enter into this Agreement for the mutual benefit of their
respective constituencies;
WHEREAS, the City is dedicated to providing its citizenry and businesses with
outstanding services, including Wi -Fi services in the Dublin area;
WHEREAS, the City is consistently evaluating options for expanding upon and
improving Wi -Fi services in the Dublin area, especially public safety Wi -Fi services;
WHEREAS, the City has concluded that it can improve its public safety Wi -Fi services in
the Dublin area by placing Wi -Fi equipment on property owned by the School District;
WHEREAS, the School District is amenable to allowing the City to place Wi -Fi
equipment on its property, specifically, on a monopole at Dublin Scioto High School;
WHEREAS, the School District, in return, has requested of the City that it be permitted
to access a conduit adjacent to Dublin Scioto High School within the City's existing optical fiber
system ( "Dublink ");
WHEREAS, by obtaining access to this conduit within the Dublink fiber system, the
School District shall be able to connect to valuable educational resources including the Central
Ohio Research Network ( "CORN ") and the Ohio Academic Research Network ( "OARnet "); and
WHEREAS, pursuant to the terms set forth herein, the City and School District mutually
and for the benefit of their constituencies desire to enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the covenants and
agreements herein contained, the parties, intending to be legally bound, agree as follows:
Provisions
1. Grant of Access to Conduit. The City hereby provides the School District with access
to one (1) Dublink fiber conduit located adjacent to Dublin Scioto High School, the
specific location of which is described in further detail in the attached Exhibit A (the
"Conduit "). The City has only the capacity to grant the School District with access to the
Conduit, hence, should the School District desire to splice into fibers operated by
OARnet, the School District must negotiate such splicing directly with OARnet. The
cost associated with obtaining access to the Conduit, and any associated future splicing,
shall be borne by the School District.
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2. Work Performed Within Dublink. The City has obligations within the Dublink fiber
system to numerous third parties. In order to ensure the structural integrity of the
Dublink fiber system, the School District hereby agrees that any work performed within
Dublink, which shall include work performed on accessing the Conduit and any
necessary splicing, shall be performed by a designee of the City.
3. School District Commitment. The parties acknowledge that the City Wi -Fi equipment
to be placed on the mutually agreed upon Dublin Scioto monopole ( "Monopole "), shall
be physically installed on a cellular telephone tower owned by T- Mobile that is currently
mounted on the Monopole. The School District hereby agrees to obtain written consent
from T- Mobile, pursuant to Section 24.2 of the Tower Site Lease Agreement between the
School District and T- Mobile, to allow the City to install its Wi -Fi equipment on this T-
Mobile cellular telephone tower. The City agrees to fully cooperate with the School
District in the School District's efforts to obtain consent from T- Mobile, and the City
shall be responsible for the cost of physically installing the Wi -Fi equipment on the
Monopole. Failure by the School District to obtain the necessary written consent from T-
Mobile shall nullify this Agreement and the terms contained herein.
4. Term and Termination. The initial term for this Agreement shall be ten (10) years, as
of the date set forth above (the "Initial Term "). After the Initial Term, this Agreement
shall automatically renew for additional One (1) year periods. This Agreement shall not
renew if either party provides the other party with a written notice of non - renewal at least
thirty (30) days prior to the date whereby this Agreement would renew.
5. Relationship of the Parties. The parties acknowledge and agree that nothing in this
Agreement shall be construed to create a relationship between the City and the School
District of a partnership, association, or joint venture.
6. Assignment. Neither party may assign this Agreement without obtaining express,
written consent from the other party prior to assignrnent.
7. Governing Law. Any controversy or claim, whether based upon contract, statute, tort,
fraud, misrepresentation or other legal theory, related directly or indirectly to this
Agreement, whether between the parties, or of any of the parties' employees, agents or
affiliated businesses, shall be resolved under the laws of the State of Ohio, in any court of
competent jurisdiction in Franklin County, Ohio.
8. Entire Agreement / Amendment. This Agreement constitutes the entire understanding
of the parties hereto with respect to the subject matter hereof and supersedes all prior
negotiations, discussions, undertakings and agreements between the parties. This
Agreement may be amended or modified only by a writing executed by the duly
authorized officers of the parties hereto. It is understood and agreed that this Agreement
may not be changed, modified, or altered except by an instrument, in writing, signed by
both parties in accordance with the laws of the State of Ohio.
9. Paragraph Headings. Paragraph headings are inserted in this Agreement for
convenience only and are not to be used in interpreting this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
of 2010.
CITY OF DUBLIN, OHIO
M
Marsha Grigsby, Interim City Manager
DUBLIN CITY SCHOOL DISTRICT
Approved as to Form:
Stephen J. Smith, Law Director