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HomeMy WebLinkAboutMOU Community Fiber Optic Broadband NetworkMEMORANDUM OF UNDERSTANDING: COMMUNITY FIBER OPTIC BROADBAND NETWORK This Memorandum of Understanding is made and entered into this 28t' day of March, 2022, between Madison County, of 134 East Main Street, Rexburg, Idaho, (hereinafter called "County") and the City of Rexburg, a municipal corporation of the State of Idaho of 35 North I' East Rexburg, Idaho, (hereinafter called "City"), (collectively, the "parties hereto"). WHEREAS, Madison County, the City of Rexburg and the state of Idaho continue to explore ways to provide solutions to address the deficiencies of broadband communications infrastructure; and WHEREAS, the extraordinary growth of Internet use has become an economic development issue; and WHEREAS, the City has undertaken the installation of a fiber-optic ring which connects public facilities and has excess capacity; and WHEREAS, the parties have experienced a lack of participation from private Internet Service Providers to provide infrastructure to the community as a whole that can support higher bandwidth speeds needed to meet the ever-increasing demands expended by enterprise, education, social interactions, entertainment, and communications; and WHEREAS, both Madison County and Rexburg residents have expressed their desire for higher broadband internet speeds, better consumer choice, and more competitive prices; and WHEREAS, as Idahoans move past the COVID pandemic, Idaho can count on more remote workers, more distance learning, and more demands on broadband networks therefore more demands from broadband; and WHEREAS, to help maintain and improve its standing among regional and national competitors Rexburg's residents, businesses, and institutions need a future -proof fiber broadband infrastructure as an ordinary and necessary utility; and WHEREAS, the County and City have formed a committee to share information and coordinated efforts in assessing the feasibility and design of a community fiber-optic broadband network; and WHEREAS, the City and County have determined it to be in their mutual best interest to work together to plan, install, manage and maintain a community fiber optic broadband network. NOW THEREFORE, the Parties hereby jointly agree as follows: 1. Term. The term of this Agreement shall be continual, unless terminated pursuant to the provisions contained herein. Page 1 of 3 k z 2. Purpose. The purpose of this Agreement is to document the services provided by the Parties in support of the Project and to establish a framework of cooperation between the Parties to develop a mutual community fiber optic broadband network. This framework will eliminate duplicative efforts, leverage available funding, develop a proactive and shared agenda, and identify individual responsibilities that realize the benefits derived from the Project. 3. Statement of Responsibilities. The parties will be responsible for coordinating efforts to design, install, operate, and maintain the project. The parties agree that the project is best managed by a mutually agreed upon contracted Third -Party Administrator (TPA). 4. Oversight. The agreement shall be overseen by a Community Broadband Oversight Board: a. One Elected member from the County Commission; b. One elected member of the Rexburg City Council or Mayor; c. One designated technical representative from each entity; and d. As agreed upon by both parties' representatives from one of the following community partners may be asked. to serve on the Board for terms lasting two years: i. Madison School District ii. Madison Memorial Hospital iii. Brigham Young University— Idaho iv. Or any government or quasi -governmental agency serving residents of Madison County 5. Asset Ownership. The project and all related assets and equipment shall be considered to be owned respectively by the County and the City. The County will initially own all assets located outside the corporate limits of the City within Madison County, Idaho; the City will own all assets located within its corporate limits. As the corporate limits of any of the parties are modified, the ownership of the assets will be transferred to the parry in whose jurisdiction they lie. a. Common Infrastructure. The parties shall own and share a proportionate cost of any network common infrastructure that is necessary to provide service on the project irrespective of where it is located. 6. Third Party Administrator. The parties agree to utilize the same TPA to manage, and provide any other necessary service, to operate, maintain, or expand the network; as will be contained in the TPA service contract. 7. Cost Recovery. The parties hereto agree that cost recovery of the share of expenditures related to the project and all revenue derived must be fair and equitable. Therefore, all subscriber fees and other revenues will be apportioned to each party based upon Subscribers. Page 2 of 3 a. Subscriber -Based. Each parry will receive the revenues based on the number of active subscribers within each party's jurisdiction. 8. Financial Responsibilities. a. The City will contribute the funding necessary to complete their portion of the project; and b. The County will contribute the funding necessary to complete their portion of the project. c. The parties will agree in advance to the proportional shares of common infrastructure, based on projections mutually agreed upon. 9. Amendments and Waivers. This Agreement shall be modified, only by written instrument executed by the parties hereto. The failure of any party, in any one or more instances, to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment to any extent of such parry's right to assert or rely upon such terms or rights in any other instances. Any waiver of any provision of this Agreement shall be made only in writing executed by the parry who could demand fulfillment of such waived provision. 10. Entire Agreement. This Agreement (together with any attached Exhibits) constitutes the entire agreement between the parties concerning the subject matter of this Agreement, and supersedes all prior agreements, arrangements, understandings, restrictions, representations or warranties, whether oral or written, between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. March 28, 2022. /0-- sl.�, Todd Smith, Commission Chairman March �, 2022. ` erry M ill, Ci of Rexbur'g-X4ayor Page 3 of 3