HomeMy Public PortalAboutORD15321 BILL NO. 2014-68
SPONSORED BY Councilman Bray
ORDINANCE NO. J53,?/
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SOCKET TELECOM,
LLC, FOR USAGE OF CITY RIGHT-OF-WAY AND CERTAIN CITY CONDUITS IN
EXCHANGE FOR INTERNET BANDWIDTH.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement
with Socket Telecom, LLC for usage of City right of way and certain city owned conduits.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed: /(64(id" Approved: (61%724/7
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Presiding Officer s't Mayor
ATTEST: APPROVED AS TO FORM:
4/4 flri/eify City Counselor
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AGREEMENT
FOR USE OF RIGHT OF WAY
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This agreement is entered into on this 15 day of �.� �,�,,�or ,2014,
between the City of Jefferson,Missouri,a Constitutional charter city of the State of Missouri
("City"),and Socket Telecom,LLC,a Missouri limited liability company("Socket").
NOW,THEREFORE, in consideration of the mutual covenants set out herein,the City and
Socket agree as follows:
1. Use of City Conduit and Right of Way. City controls right of way within the City
limits and maintains certain underground conduit systems suitable for use of the
placement of fiber-optic cable. City hereby authorizes Socket to install its fiber-optic
cable in existing conduit presently owned by the City or any conduit which may later be
installed by the City,in locations approved by the City Administrator. Additional right of
way use may be granted hereinafter by the City Administrator without further revision of
this agreement. City agrees that its conduit will be maintained adequately to allow
Socket's fiber-optic cable to be safely used in the conduit.
2. Right to Convey Use of City Conduit. The City represents that it has the legal right to
convey to Socket the right to use the conduit and right of way approved by the City
Administrator.
3. Access to City Conduit. City is responsible for obtaining private easements for Socket
to use and access its conduit where approved by the City Administrator and where the
conduit access is located on private property. Socket will be provided access to the
conduit at pull boxes for fiber-related installation and maintenance.
4. Internet bandwidth provided by Socket. Socket shall provide to the City 35 megabytes
per second of internet bandwidth for the duration of the agreement, delivered to the
Jefferson City Police Station 401 Madison,Jefferson City Missouri.
5. Maintenance of Fiber Optic Cable. Socket is responsible for providing all maintenance
on the fiber-optic cable, and where located within City conduit.
6. Location Services. Socket is responsible for providing locate services when requested.
7. Term. The initial term of this Agreement shall be a minimum of twenty years from the
signing date of this Agreement. Unless notice is provided at least six months prior to the
end of the initial term, this Agreement will automatically be extended for a ten year
period.
8. Removal from Right of Way. Should the City undertake or approve the construction of
any water, sewer or storm drainage line or other street improvement project (including,
without limitation, installation of streets, traffic signals, street lights, sidewalks and
pedestrian amenities wherein the conduit or fiber (hereinafter called the "facility" or
"facilities") so constructed or approved is or shall become, by gift, transfer, dedication or
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otherwise, a public facility owned, maintained or operated by the City) and such project
necessitates the relocation of Socket's then existing facilities, then upon written notice,
Socket shall relocate such facilities at no charge or expense to the City so as to
accommodate such improvement project at least ten(10) days prior to commencement of
such improvement. Should Socket elect to relocate all of its facilities outside of City's
right of way,this Right of Way Use Agreement shall be terminated and be of no further
force and effect, effective as of the date Socket provides written notice that it has fully
relocated all of its facilities.
9. Permits to do work required. While this agreement provides City Council approval for
general use of the approved areas of the right of way, Socket shall be required to obtain
all necessary and proper permits for construction within the right of way as required in
the City Code.
10.Abandonment.- If Socket fails to utilize the conduit and fiber for more than 365
consecutive days the conduit and fiber shall be considered abandoned and become the
property of the City.
11. Rask of proceeding. By signing this agreement Socket acknowledges that any work
performed by Socket prior to the City signing this agreement(which may be granted only
through approval of the City Council), shall be performed the risk of Socket. Should the
City Council deny this agreement, without some other provision of use being approved
by the City Council, Socket shall cease utilizing the facilities.
12. Sole Benefit of Parties. This agreement is for the sole benefit of the City and Socket.
Nothing in this agreement is intended to confer any rights or remedies on any third party.
13.Liability. In no event, whether as a result of breach of contract, tort liability or
otherwise, shall either party or its agents or employees be liable to the other party for
indirect,economic or consequential damages of any nature.
14.Insurance. During the term of this Agreement, Socket shall obtain and maintain the
following insurance: (i) Commercial General Liability including coverage for (a)
premises/operations, (b) products/completed operations, (c) personal and advertising
injury, (d)contractual liability,and(e)explosion,collapse and underground hazards,with
.combined single limit of not less than $5,000,000.00 each occurrence, or its equivalent;
(ii) Worker's Compensation in an amount by applicable law and Employers' Liability
with a limit of at least $1,000,000 each accident; (iii) Automobile Liability including
coverage for owned/leased, non-owned or hired automobiles with combined single limit
of not less than$1,000,000.00 each accident.
15. Notices. Notice under this agreement shall be given in writing and may be hand
delivered,sent by U.S. Mail or faxed as follows:
If delivered to City: If delivered to Socket:
Attn:City Counselor Attn: Je. y e- -,rcd )W/.7,
320 East McCarty Street a-70-3 C/Qr f an e
Jefferson City,MO 65101 Columbia, Missouri 651UF 4T-?0-2
A party may change the address to which, fax number to which or official to whom
notice is to be given by giving notice of such change to the other party.
16.Assignment. Neither party may assign its rights or responsibilities under this Agreement
without the prior written consent of the other.
IN WITNESS WHEREOF, the City and Socket have caused this document to be duly executed
on the day and year first above written by their respective duly authorized officers.
CITY OF JEFFERSON,MI SOURI Socket Telecom, LLC,
By: By: � ��
Mayor Title: U„pry
ATTEST: ATTEST:
hylliP s Powell, City Clerk Officer
APPROVED AS TO FORM:
City Counselor
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