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FIBER STRAND PURCHASE AGREEMENT BETWEEN <br />CITY OF ROSEVILLE &. ACCESS COMMUNICATIONS,�NC. <br />This Agreement, amendments and supplements thereto subject to the laws of Minnesota, is between the City of <br />Roseville, Minnesoia(hereinaftea� "CITY") and Access Communications, an independentcontractor, not an employee <br />of the CITY, address 5005 Cheshire Lane N., Plymouth, Minnesota 55446 (hereinafter "CONTRACTOR"). <br />WHEREAS, the CITY is empowered to acquire fiber cabling, equipment, goods, and services WHEREAS, the CITY <br />is in need of installationand maintenance of fiber cable, and WHEREAS, the CONTRACTOR represents that it is <br />willing to perform the services set forth herein. <br />NOW, THEREFORE, it is agreed: <br />I. CONTRACTOR'S DUTIES: <br />The CONTRACTOR shall <br />�zastall fiber optic cabling between the locations listed inExhibit A of this Agreement and provide <br />the specified numbero� strands within the cable between the locations in hand holes for exclusive <br />use of the CITY. <br />Provide as built documentation including copies of �rt�aits. <br />Maintain the City's fiber strands from date of acceptance for the term of the agreement. Maintenance <br />includes, clearing of ticicets, locates, and fiber repair. Relocation is not part of maintenance. <br />CONTRACTOR shall provide maintenance 24 hours a day 7 days a weelc, 365 days a year and <br />provide a telephone number where problems can be reported. CONTRATOR shall be oi�-site within <br />four hours of trouble report should service restoral require o�ite presence. <br />Complete the project by September 30,2006. <br />MeettherequirementsoftheSubcontractorPrompt PaymentAct, Minn. Stat. Section471.425, subd <br />4a. The CONTRACTOR shall promptly pay subcontractorsaccording to the terms of Minn. Stat. <br />Section471.425, subd. 4a.. The requirementsofthat statue are incorporatedby referenceas if fully <br />set forth herein. <br />11. CITY'S DUTIES: <br />The CITY shall <br />Meet with the CONTRACTOR as needed and provide necessary information required to engineer <br />and install the fiber cable. <br />III.CONSTDERATION AND TERMS OF PAYMENT: <br />A. Consideration for all servicesperfonned by the CONTRACTORpursuantto this Agreement shall be <br />paid as follows: <br />• One time payment of $81,800 plus $1,000 per hand-hole identified in Exhibit A for <br />exclusive use by the CITY <br />