Explanation
BACKGROUND:
This ordinance authorizes the Director of the Department of Technology to renew an agreement with Columbus Fibernet LLC for fiber optic cable maintenance services in the amount of $71,170.85, with a coverage term period from October 21, 2019 through October 20, 2020 for the CFN fiber duct system, in support of the City’s fiber optic infrastructure. The original agreement (EL010409) and (EL011025) was authorized by ordinances 1296-2009, passed October 5, 2009, and 1327-2010, passed October 4, 2010 for the contract of sale for fiber and underground conduit with Columbus Fibernet, LLC, to acquire a portion of the conduit system known as Fibernet. The agreement was most recently renewed via ordinance 2023-2018 passed July 30, 2018. The portion of the conduit system purchased consisted of one (1) point nine inch (1.9") duct with ninety-six (96) strand single mode fiber installed therein.
This ordinance will authorize fiber optic cable maintenance services for the CFN fiber duct system. Terms negotiated at the time of purchase waived maintenance fees for a term of five years. October of 2015 initiated the beginning of an annual maintenance fee for the Columbus Fibernet conduit system. The terms of the contract are identified below.
Section 9.1 references: "Scheduled Maintenance Seller shall use commercially reasonable methods to maintain the Property in a secure and good condition. Such routine maintenance (“Scheduled Maintenance”) shall include, but is not limited to, locating and marking the Property and pumping, venting, air quality testing, and proofing the Property when necessary. Buyer shall pay to Seller for Seller’s services under this Section 9.1, an amount equal to $0.19 (cents) a year per foot of conduit owned by Buyer (the “Maintenance Fee”) for the period commencing 5 years from the Closing date and continuing thereafter for a period of 12 months (“Initial Term”). The first 5 years of this contract the fees will be wai...
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