HomeMy WebLinkAbout09812ORDINANCE NO. 9812 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COLORADO DEPARTMENT OF TRANSPORTATION, GRANTING THE CITY OF PUEBLO NONEXCLUSIVE RIGHT-OF- WAY ACCESS AND INDEFEASIBLE RIGHT-TO-USE COMPONENTS IN EXCHANGE FOR EQUIVALENT VALUE OF IN-KIND SERVICES AS COMPENSATION; GRANTING THE CITY NONEXCLUSIVE RIGHT-OF-WAY ACCESS AND USE OF SIX (6) STRANDS OF EXCESS FIBER IN EXCHANGE FOR EQUIVALENT VALUE OF IN-KIND EXCESS FIBER STRANDS AS COMPENSATION; AND THE CITY GRANTING TO CDOT NON- EXCLUSIVE RIGHT-OF-WAY ACCESS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement between the City of Pueblo, a Municipal Corporation, and the Colorado Department of Transportation for the nonexclusive right-of-way access and indefeasible right-to-use components in exchange for equivalent value of in-kind services as compensation for excess fiber strands and right-of-way access, attached hereto after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute said Intergovernmental Agreement for and on behalf of the City, where the Mayor may execute the Intergovernmental Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform all acts consistent with the intent of this Ordinance and the attached Intergovernmental Agreement to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 26, 2020 . Final adoption of Ordinance by City Council on November 9, 2020 . President of City Council Action by the Mayor: ☒ Approved on November 11, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 26, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Lori Pinz, Director of Information Technology Steven Meier, Acting Director of Public Works SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COLORADO DEPARTMENT OF TRANSPORTATION, GRANTING THE CITY OF PUEBLO NONEXCLUSIVE RIGHT-OF-WAY ACCESS AND INDEFEASIBLE RIGHT-TO-USE COMPONENTS IN EXCHANGE FOR EQUIVALENT VALUE OF IN-KIND SERVICES AS COMPENSATION; GRANTING THE CITY NONEXCLUSIVE RIGHT-OF-WAY ACCESS AND USE OF SIX (6) STRANDS OF EXCESS FIBER IN EXCHANGE FOR EQUIVALENT VALUE OF IN-KIND EXCESS FIBER STRANDS AS COMPENSATION; AND THE CITY GRANTING TO CDOT NON- EXCLUSIVE RIGHT-OF-WAY ACCESS SUMMARY: Attached is an Intergovernmental Agreement (“IGA”) between the City of Pueblo (“City”) and the Colorado Department of Transportation (“CDOT”) for the nonexclusive right-of-way access and in-kind exchange and use of fiber strands on both entities’ fiber networks. The IGA will grant CDOT non-exclusive right-of-way access to City Rights-of-Ways on Wills Boulevard, Elizabeth Street, and Erie Avenue for fiber optic infrastructure, while CDOT will grant the City of Pueblo six (6) strands of fiber on the Wills Boulevard/Elizabeth Street and I-25 backbone to 902 Erie Avenue. Further, the City will grant CDOT six (6) strands of fiber from Fire Station #2 to the manhole adjacent to CDOT headquarters. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Fire Station #2, located on Eagleridge Boulevard, is currently on a slow T-1 connection leased from Centurylink. This T-1 connects the Fire Station to the City’s network. All data and voice services are delivered to the station across this circuit. The bandwidth used by Fire to conduct their daily business is saturating this connection causing slow connection speeds. In order to replace this T-1 and bring high-speed connectivity to the station, the Information Technology (“IT”) Department needs to extend fiber connectivity to the station. To save on installation costs, City IT approached CDOT for a fiber exchange plan that would benefit both agencies. In this IGA, CDOT will grant the City six (6) strands of fiber to complete the City’s connection to the station while providing future network expansion capabilities to this area of town, as needs arise. In exchange, the City will grant to CDOT six (6) strands of the fiber to be installed from Fire Station #2 to Wills Boulevard, providing a future secondary path into CDOT headquarters. Further, to compensate for the continued use of each other’s fiber backbone, the City will also grant CDOT, non-exclusive right-of-way access in the City’s rights-of-way on Wills Boulevard, Elizabeth Street, and Erie Avenue for CDOT’s installed fiber optic backbone. Working together to provide this connection is anticipated to save the City approximately $100,000 in fiber installation costs and eliminate approximately $12,000 in annual T-1 costs to Centurylink Communications. FINANCIAL IMPLICATIONS: In November of 2019, a capital project was approved during the City’s Annual Budget process for this fiber build out. Once this infrastructure is in place and the original budget is expended, no further financial costs will be incurred except for repair and maintenance of the fiber if compromised. BOARD/COMMISSION RECOMMENDATION: Not applicable to this ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the Intergovernmental Agreement will not take effect, the City will not be able to expand high-speed connection to Fire Station #2, and annual monthly costs for leased services will continue. RECOMMENDATION: Approval of the Ordinance. Attachments: State of Colorado Intergovernmental Agreement (non-expenditure).