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14-022.00 Spokane County MOU Data Network ConnectionP O K A N E C O U N T Y OiP, T OPCOInn'COMMISSIONERS TODD MlI EKE, IST 1)SIRICr • SI iE:l,I ;Y O'QuINN, 2ND I)ISITUCf • AI. FRENQ I, 3RD DISrRicr February 4, 2014 Mr. Mike Jackson, City Manager City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Re: Memorandum of Understanding Regarding Data Network Connection Dear Mr. Jackson: This correspondence will act as a Memorandum of Understanding ( "MOU") between Spokane County ( "County ") and City of Spokane Valley ( "City ") with respect to the above referenced matter. The County provides regional animal protection services to the City and other public entities at the Regional Animal Protection Facility located at 6815 East Trent Avenue, Spokane Valley, Washington ( "SCRAPS "). In conjunction with providing such services to the City, it is necessary for the County to have a fiber optic cable connection from the Spokane County Parks Building located at 404 North Havana, Spokane Valley, Washington ("Parks Building ") to SCRAPS. This connection will allow SCRAPS to access the County data network. The City has granted a non - exclusive franchise to Electric Lightwave, LLC under Ordinance No. 11 -020 for the construction, maintenance and operation of telecommunications facilities within the City's rights -of -way ("Ordinance"). Section 4, subparagraph 1, within the Ordinance provides as follows: 1. Grantee agrees to reserve to the City the right to access four dark fiber strands (2 pair) along the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole and exclusive municipal use or designation (the "City Reserved Fibers"). City agrees that it shall not use the City Reserved Fibers as a public utility provider to telecommunications business service to the public. Under the terms of this MOU, the City, consistent with Section 4, subparagraph 1of the Ordinance, will contract with Electric Lightwave, LLC. Under the terms of the contact, the City will pay 1 116 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260 -0100 • (509) 477 -2265 (Otc-1-O2l Mr. Mike Jackson, City Manager February 4, 2014 Page 2 Electric Lightwave, LLC to extend a fiber optic cable within the City's right -of -way from the Parks Building to SCRAPS. This extension will allow the County to use two of the four dark fiber strands (one pair) to connect the Parks Building to SCRAPS and thus allow access to the County data network in conjunction with providing Animal Protection Services. In conjunction with the City's actions in contracting with Electric Lightwave, LLC, the County, through SCRAPS, will: (1) pay billings received from the City for charges originating from Electric Lightwave, LLC for costs of extending the fiber optic cable within the City's right of way from the Parks Building to SCRAPS as depicted in Attachment "A ", attached hereto and incorporated herein by reference, currently anticipated to be less than $55,000; (2) pay billings received from the City for charges originating from Electric Lightwave, LLC and forwarded to the County for the monthly fee charged by Integra Fiber Solutions for using its fiber optic cable as identified in (1) calculated at the rate of $20.00 per fiber pair, per mile, per month in use. It is estimated that the length of fiber optic cable running from the Parks Building to SCRAPS is four miles. If, for whatever reason outside the City's control, the charges for the use of the fiber exceed this amount on a monthly basis, SCRAPS agrees to pay those amounts and may seek to terminate this MOU and discontinue use of the fiber; and (3) pay any billings received from the City for charges originating from Electric Lightwave, LLC and forwarded to the County for any pro -rated relocation costs. The City's Dark Fiber Agreement specifies the City may have to pay a pro -rated portion of relocation costs where the decision to relocate is based on requirements of a third party, and relates to charges including, without limitation, fiber acquisition, splicing and testing. The County agrees to pay any billing forwarded by the City within fourteen (14) calendar days. The County's commitment with respect to both (1) and (2) will run through the term of the Ordinance or any extension thereof unless terminated by mutual agreement of the City and County or upon one years notice by the County. In the event of termination, all property installed under (1) above shall belong to either Electric Lightwave, LLC or the City as provided for under the terms of their separate contract. The County understands that Electric Lightwave, LLC is responsible for any repair and maintenance of fiber optic cable between SCRAPS and Parks Building demarcation points and that the County is responsible for any repair and maintenance on the customer side of the demarcation points at SCRAPS and Parks Building. The terminology "demarcation point" refers to a fiber optic patch panel installed by Electric Lightwave, LLC at each building Location. Mr. Mike Jackson, City Manager February 4, 2014 Page 3 The County's execution of this MOU shall act as its agreement with all of the terms and conditions set forth herein. The City's execution of this MOU in the space provided for hereinafter, will act as its agreement with all the terms and conditions set forth herein. This MOU may be executed in counterparts, each of which when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. Very truly yours, A14.71/&/:-/C__ ILO _ teN AL FRENCH, Chair TODD MIELKE, Vice Chair ' LLY 0' INN, Commissioner Enclosure (1) — 01o5 Reviewed and Agreed to this / day of , 2014 Mi Jackson, City Manager 1 f�.