2011_0620_packet - Laserfiche WebLink

Home

Attachment A AGREEMENT BETWEEN THE CITY OF ROSEVILLE, MINNESOTA AND TIES, MINNESOTA FOR USE OF FIBER OPTIC CAPACITY This Agreement is between the City of Roseville, a1 linnesota municipal corporation ("Grantor"' , and TIES, a Minnesota joint powers cooperative ("Grantee"')�. WHEREAS,, the Grantor owns or leases fiber optic cabling connecting to Harambee Elementary School ("School") located at 30 County Road B East, Maplewood, Minnesota. WHEREAS,, the Grantee has expressed an interest in using capacity on the fiber optic network (hereinafter "City Network") to further its internal, noncommercial telecommunications needs and interests,, and the Grantor is willing to allow the Grantee's use of the Grantor Network, and the Grantor and the Grantee need to agree on the terms and conditions of usage. WHEREAS,, under Minn. Stat. § 471.59, sub. 10, the Grantor is empowered to engage such assistance and jointly exercise with other governmental units such powers as are deemed necessary. NOW, THEREFORE, the Grantor and the Grantee agree as follows.- I. GRANT OF ACCESS A. The Grantor hereby allows the Grantee, for the term of this Agreement, the right to transmit data using one (1) pair of Grantor single-mode fiber optic cabling as shown in Exhibit A "Harambee School"' and one (1) pair of Grantor single-mode fiber optic cabling as shown in Exhibit B "TIES Connection"'. The data the Grantee may transmit over the Grantor fiber is to be referred to throughout this Agreement as the "Fiber Capacity." The Grantee may use the Fiber Capacity to further its noncommercial data,, voice,, and video needs at its own expense and discretion to the School, provided it is current in fulfilling the terms of and paying the fees identified in this Agreement. B. The Grantee shall be responsible for providing and installing any necessary equipment in order to activate and utilize the Fiber Capacity. All equipment installed by the Grantee shall be owned and maintained by the Grantee, subject to the terms of this Agreement except where provided under any additional agreement with the Grantor. The Grantor shall not change, upgrade or remove any Grantee equipment pursuant to or in connection with this Agreement. C. The Grantee and its employees and agents shall have access to the Grantee's equipment, if any, installed at the Data Center so that the Grantee may maintain, and replace, repair or audit equipment at its expense. D. The Grantee shall use the Fiber Capacity assigned by the Grantor only for its own internal,, noncommercial purposes for the location listed in this Agreement. For purposes of this Agreement, the term "noncommercial"' means that particular products and services are not sold or advertised. The Grantee may not sell, lease,