Explanation
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 $72,229.80, with a coverage term period from October 21, 2020 through October 20, 2021 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 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 1442-2019 passed July 29th, 2019. The portion of the conduit system that was purchased consisted of one (1) point nine inch (1.9") duct with ninety-six (96) strand single mode fiber installed therein.
At the time of purchase, maintenance fees were waived for a period of five years. Starting in 2015, contract terms for scheduled maintenance and an annual maintenance fee was authorized. 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 waived. After the Initial Term expires, the Maintenance Fee shall increase annually by the change in CPI. This fee shall continue for s...
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