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HomeMy WebLinkAbout1999-317t! Cc- ­" c r r, !'CE t I,. , I,°r II , I DOCUMENJANY STAMPS `] q - 3/ .7 an.,.T.. Yuro :....,i, GEEG = . %© Tr. nr,s.nr r!la.r,a 67: t 1N THE RECOR09 of NA—W waw NQIE $ JEFF9Cy K. 13AFITON u,r W tmkr t CLERK Cingula COURT Ma 1FFFRFY K RkprnN_ r,[F.RIF1I1131gL1RIVERCo., FLIk a.w.r�n.arsrs 11' IAN HIVElt l;Ultfil Y COUNTi, DEED This Deed. made this 2th, day of DeCemUe1 1949. bs and between INDIAN RIVER COUNTY, FLORlID& a political subdivision ofthe Stale of Florida, whose address is 1940 3Mi Street, Vero (leach, FL 12960. party of the first part. and the Cli Y OF FELL-sStERE. a municipalrorporatienoftheStaleofFlondsoflndianRiverCounty.whoseaddretsis215 Cypress Street, Fellunere, Florida 32949, party ofthe second part, WillaeoMb. Thal the said pany of the first part, for and in considetauun ofthe sum of One Dollar ($1 00) to it in hand paid by the party of the mond pan, receipt whereof rs hereby acknowledged, has granted, bargained and said to the party of the second pan, its successors and assigns forever, the following described load, situate, lying and being in the County of Indian River, State of Florida, to-wo LAo 1 and 2, Block %. TOWN OF FEI.LSMERL aecwdumg to dic Plat thereof as recoiled on Plat book 2. Pages 3 and 4. Public R"ords of St lAmw Ccvm%' Fiorito. said land now hng and bon& i1 Indian Rascr County, Flms 3, Lees ant c%ccpt the North 1 u fort of l.at I fur the righted• rsav -if Com' Road s 11 Ir Wityms Whereof. the said parry of da: firs part has caascd these prc%mis It. be executcd in its n;mie by its hoard of C'ourAy Cormussrurwcrs, acurw by the Chmmaan of said lkwd, the da} and year aki "Aid INDIAN RIVER COUN M FLORIDA (OFTIylk,BOARD OF COWIN i ONIMISSIONIs'RS A&Pt4k-rk nvt,th R Marla, t ltatmwt COL -VA W RIVER C°UI. ���SP The foregoing instrument was acknowledpcd before me (Pus itis _ ila of QegQj Ur . I'W9, by KENNETH R MACIIT as Chairman of the hoard of C'o snty Conumstaoneis of Indian Raver County, Florida, and by �rc T 'LCT a 14_ _s lei as Deputy Clerk for 1 K ftarton, Clerk of the Board of County Commissioners of Indian River Count Y. Florida Thev are perxrnallyknown it) tire `-___— _ 3sldentifitaLsun %irnbody E'WW IV.% MV COkMAr WN f CC155 % t1U 6 ku14 21161 t •Ole' IdioiDtegU rrrr a{4ayKE NC APPROVED AS TO FORM AND LEGAL SUFFICIENCY r� n'7 T ERRENCE P. O'URIEN A;,ST. COUNTY ATTORNEY ~1-4L � mi ,. Public Ki herly E. Mci55tln sty l asnuuaaion k:apar" 83 J 1 1 5r 20 htk C'umnuuton NunoI., r+ CC 55436 L C C C C z x r I 0 JOINT FIBER OPTICS PROJECT INTERLOCAL AGREEMENT City of Vero Beach Indian River County School District of Indian River County 1999 i 11 Joint Fiber Optics Project - Interlocal Agreement TABLE OF CONTENTS PACE SECTION 1. Mission Statement 1 SECTION 2. Definitions 1 SECTION 3. Network Administration 2 SECTION 4. Ownership of Network 2 SECTION 5. Use 2 SECTION 6. Licensing to Third Parties 3 SECTION 7. Cost Sharing 3 SECTION 8. Taxes, Assessments and Charges 4 SECTION 9. Payments 5 SECTION 10. revenue Sharing 5 SECTION 11, Maintenance 8 SECTION 12. Modifications to Network 9 SECTION 13. Relocation of Fiber Optic Cables 9 SECTION 14. Construction Locates 9 SECTION 15. Grants 10 SECTION 16. Insurance 11 SECTION 17. indemnification, Hold Harmless 11 SECTION 18. Damage Caused by Disasters 11 SECTION 19. Contributions by Members 12 • Joint Fiber Optics Project - Interlocal Agreement TABLE OF CONTENTS — Continued SECTION 28. Notice PAGE SECTION 20. Term and Termination 12 SECTION 21. Arbitration 13 SECTION 22. Classification as Telecommunications Provider 13 SECTION 23. Effective Date 13 SECTION 24. No Third Party Beneficiaries 13 SECTION 25. Assignment 14 SECTION 26. Waiver of Terms or Conditions 14 SECTION 27. Severability 14 SECTION 28. Notice 14 SECTION 29. Entire Agreement 15 SECTION 30. Parties Bound 15 SECTION 31. Attorney's Fees 15 WAalsli11111il APPENDIX A APPENDIX B 40 i JOINT FIRER OPTICS PROJECT INTERLOGAL AGREEMENT This Joint Fiber Optics Project Interlocal Agreement ((his "Agreement") is made this day of , 1999, by and among the School District of Indian River County ("School District"), Indian River County ("County") and the City of Vero Beach ("City") (collectively hereinafter referred to as "CONSORTIUM"); and WITNESSES THAT: WHEREAS, the individual members of the CONSORTIUM have recognized the need for a fiber optics network ("NETWORK") joining their facilities throughout the City of Vero Beach and Indian River County for the transmission of voice and data; and WHEREAS, each entity has demonstrated needs for this NETWORK; and WHEREAS, each entity has assets which can render the project cost-effective; and WHEREAS, Section 163.01, Florida Statutes, permits cities, counties, and school districts to enter into interlocal agreements to make the most efficient use of their powers for the mutual advantage of all entities; and WHEREAS, in recognizing these facts, the School District, County, and City desire to enter into such an agreement which provides for the joint use of such NETWORK and establishes policies for its use by each organization; NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the parties agree to the following: SECTION 1. Mission Statement The purpose of this Agreement is to create a NETWORK that can be utilized for the mutual benefit of the School District, County, and City to provide existing communications more cost- effectively andfor new applications which are not currently possible without the development of the NETWORK. SECTION 2. Definitions Auxiliary Routes — Those portions of the NETWORK owned and utilized by only one (1) or two (2) members of the CONSORTIUM. Demarcation Point — Location which defines where issues of maintenance responsibilities begin and end, to be considered a point at or about thirty (30) centimeters outside the paint at which the service drop or other similar connection device enters the building or facility, or any part thereof, owned, leased, operated, or occupied by a member of the CONSORTIUM. Joint Fiber Optics Project - Intorloca'l Agreement Pape 1 of 18 4D 0 Fiber Optics Network -- "NETWORK" - The cable, associated dark fibers, and splice enclosures comprising the Primary Route and Auxiliary Routes throughout Vero Beach and Indian River County for use by the CONSORTIUM and third parties executing appropriate licensing agreements with the CITY. Holding Account -- The accounting mechanism used to record revenues derived from the NETWORK as a result of license agreements with third parties, and for the payment of expenses associated with the maintenance and expansion of the NETWORK for each CONSORTIUM member in its proportionate share. Primary Route — That portion of the NETWORK owned and utilized by all members of the CONSORTIUM. Technical Advisory Committee ("TAC") - Body responsible for the routine administration of the NETWORK, whose membership consists of the Chief Executive Officer of each CONSORTIUM member, or the designee of any such Officer. SECTION 3. NETWORK Administration The TAC will be responsible for the routine, day-to-day administration of the NETWORK. Except as otherwise provided herein, each member of the CONSORTIUM shall have one vote of equal weight; and, decisions of the TAC shall be governed by majority vote, The governing body of each member of the CONSORTIUM shall retain authority for final authorization lin keeping with its own policies and procedures): a) for its anticipated purchases related to the NETWORK and b) approval of any contracts or agreements resulting from the development of the NETWORK. SECTION 4. Ownership of_NE'TWORK The NETWORK shall be jointly owned by all members of the CONSORTIUM to the extent that they have contributed funding for a speciiic number of fibers during the initial or subsequent construction. Each member's ownership of the NETWORK shall vary according to the percentage of fibers it controls in each section of the NETWORK, according to the sectionalization of the NETWORK pursuant to Section 10A of this Agreement. The TAC shall maintain an ongoing record of the ownership interests in the NETWORK of each member of the CONSORTIUM in accordance with any and all applicable rules, regulations, laws or policies governing the custody and accountability of public assets. SECTION 5. Use Each member of the CONSORTIUM may use the dark fibers, reserved for its use and in which it has purchased an ownership interest, in the NETWORK, for any purpose and in any manner it desires so long as such use does not interfere with the use of the NETWORK by the other members of the CONSORTIUM, individually or collectively. Nothing herein shall preclude a member of the CONSORTIUM from licensing its own excess fiber or capacity to third parties in accordance with all applicable laws and regulations and licensing fiber or Joint Finer Optics Proioct - lntorlocal Agreement Pape 2 of 18 C7 11 capacity which is part of the NETWORK in accordance with the provisions of Section 6 of this Agreement. SECTION 6. Licensing to Third parties This provision recognizes the excess capacity of the NETWORK, the growing demand by private enterprise for such facilities, and the need to establish revenue sources for the recovery of expenses related to the installation and maintenance of the NETWORK. To provide a single point of contact, consistent licensing practices and coordination of the NETWORK, the City will act as Licensor on all licenses agreements. In this capacity, the City will develop a standard license agreement ("License Agreement") which shall be reviewed and approved by all members of the CONSORTIUM prior to its use. As potential customers are identified, the City will a) negotiate any necessary deviations from the standard License Agreement, b) negotiate the license fee applicable to the specific License Agreement, and c) submit each License Agreement to the TAC for its review and approval. If approval by all applicable members of the CONSORTIUM can not be obtained, the member or members granting approval can proceed with the License Agreement utilizing only their excess fiber capacity for the License Agreement. Following approval by the TAC, the License Agreement will be forwarded to the School District and the County, for review and approval. A failure by either the County or School District to respond within fourteen (14) days of receipt of the License Agreement, shall be deemed to be an approval of same by the non -responding member. Upon receiving approvals from the County and School District, or the expiration of 14 days whichever first occurs, the License Agreement will be placed on an agenda of the Vero Beach City Council for consideration and approval. Any costs associated with the connection of a Licensee to the NETWORK shall be governed by the License Agreement, and shall be set with consideration of the negotiated license fee, term length, and desired fiber quantity. Sub licenses by a third party may be permitted following submission and review of a written proposal (including all information requested by the CONSORTIUM, but not limited to, the identity of the proposed sub -licensee, the location and nature of connection), by the TAC, and formal approval by the governing body of the City as Licensor. Revenue derived from ail License Agreements shall be shared in accordance with Section 10 of this Agreement. SECTION 7. Cost Sharing The NETWORK will consist of a Primary Rorlle (Exhibit "A") that the members of the CONSORTIUM will use collectively, and Auxiliary Routes which may only serve one (1) or two (2) members. The total actual costs of installing the NETWORK, including labor, fringe benefits, materials, and fiber optics cable, will be shared between all members of the CONSORTIUM in Joint Fiber Optics Project - Interlocal Agreement Page 3 of 18 accordance with the sectionalization provision of Section 10A of this Agreement. This cost sharing arrangement shall be used whether installation costs are incurred through a contractual agreement with a vendor or by another member of the CONSORTIUM. Members of the CONSORTIUM shall not be required to share in the costs of any segment of the NETWORK in which they do not wish to reserve fibers for its future usage, All costs necessary to connect a facility of a CONSORTIUM member to the NETWORK shall be paid by the CONSORTIUM member connecting the facility to the NETWORK. This cost shall include the drop from the NETWORK to the facility, all equipment necessary to utilize the NETWORK for the intended purpose of the member, and all associated labor costs to connect the facility. All routine, recurring operating expenses (e.g., pole attachments with other utility service providers, maintenance, taxes, franchise and right-of-way fees, emergency restoration, cable locates, Sunshine State One Call membership, etc.) shall be shared between the members in the same proportion as the original installation casts until such time as the percent of utilization changes between members. Such costs may be taken from the Holding Account maintained for the CONSORTIUM upon approval of the appropriate member(s). All other periodic operational expenses such as engineering, records keeping, marketing, legal fees, accounting, and billing will be reviewed by the CONSORTIUM members and, if necessary, an addendum to the Agreement prepared and presented to the governing beard of each CONSORTIUM member for consideration within the first (1s) year of operation. Changes to the Agreement are expected as new situations are encountered. Each revision is subject to the appropriate approval of each CONSORTIUM member or its governing board. When an individual member of the CONSORTIUM enters into a contract with an outside contractor for services to the NETWORK, but benefiting only that member, the contracting CONSORTIUM member shall be individually responsible for remitting payment to the contractor performing work on the NETWORK in accordance with the payment terms of the contract between the contracting CONSORTIUM member and the contractor. The non - contracting members of the CONSORTIUM shall not be responsible or held liable for such payment. Should circumstances dictate that one member of the CONSORTIUM contract for worn on, or services to, the NETWORK that will benefit all members, and all members of the TAC approve of such contract, the costs of such contract shall be shared between the members based on the sectionalization provision of Section 10A of this Agreement. SECTION 8. Taxes, Assessments and Charges Except as otherwise provided herein, no individual member of the CONSORTIUM shall tax, assess or charge the NETWORK or any portion of the NETWORK for license fees, pole attachments, use of rights-of-way, franchise fees or for any other such routine, recurring operating expenses, unless required to do so by statute or other pertinent regulation. .faint Finer Optics Project - interlecil Agreement Page 4 of 18 4D 11 Each member of the CONSORTIUM shall pay, when they become due, its share determined in accordance with the sectionaliaation provision of Section 10A of this Agreement, of any and all taxes, assessments, and charges of any kind whatsoever lawfully levied or assessed against the NETWORK or any portion of the NETWORK due to its usage by third parties. The total of any such payment may be remitted by one member, with reimbursement for the share for the remaining members' to be taken from the Holding Account maintained for the CONSORTIUM. All taxes, assessments, and charges shall be paid by the members of the CONSORTIUM in accordance with the cost sharing provisions of this Agreement, except to the extent that the taxes, assessments, and charges are paid or reimbursed by a third party. SECTION 9. Payments A. Payments to Members Any payments due to a member of the CONSORTIUM by another member shall be paid pursuant to the Florida Prompt Payment Act. B. Payments to Contractors If a contractor is used for the installation of any portion of the NETWORK, no payment shall be made to the contractor until as -built drawings have been reviewed and approved to by all members of the CONSORTIUM. A failure by any member of the CONSORTIUM to respond within fourteen (14) days of receipt of the drawings, shall be deemed to be an approval of same by the non -responding member. C. Default for Non -Payment Should a member be delinquent in the payment of an invoice for work performed on the NETWORK by another member of the CONSORTIUM, and the member refuses to remit payment to resolve such delinquency when such charges are appropriate and in accordance with the provisions contained herein, the situation shall be brought to the attention of the TAC by the member which is owed the payment. Should a majority of the CONSORTIUM members agree that the charges are appropriate and in accordance with the provisions of the Agreement, the member owing the delinquency shall have sixty (60) days to remit such payment or appeal the decision of the TAC to the associated governing bodies. SECTION 10. Revenue Sharing A. Sectionalization In order to accurately apportion the revenues that may be derived from the NETWORK, as well as the costs associated with its operation and maintenance, each Joint Finer exotics Project - Pmeriaca! Agreement Pago 5 of 18 i 11 unique section of plant must be identified with information that will determine the proportion in which revenues and costs are shared. An identifying section number will be assigned to each facility whenever there is a change in size, year of placement, structure, or ownership, Miscellaneous items associated with the section, minor variations within the section, or minor changes made to the section after it is originally established need not be a consideration in the identification of sections. For example, if in 1099 a span of 36 fiber cable placed in 1985 is damaged by a truck and that one span of fiber optic cable is replaced with a piece of 72 fiber cable that was on hand, the appropriate footage, year of placement, method of placement, size, etc. for the replacing facility will be recorded in the plant location records, but it will not be necessary to re -sectionalize the plant to account for the one span that is different. If, however, changes of a significant nature are made to a section of plant, it may be advantageous to re -sectionalize the plant. For example, if a new, large office complex is being established midway in one of the sections of plant and two thousand five hundred feet (2,500') of the pole fine supporting the fiber optic cable will have to be replaced closer to the property line, and it is determined that one of the customers in the complex will be leasing fiber so the size of the fiber is increased from thirty-six (36) to seventy-two (72), then a new section of plant should be established and the old section of plant that has now been divided will be adjusted appropriately. The purpose of the sectionalization process is for planning, routing, and cost/revenue sharing; it is not meant to be an accounting tool for properly records or tax purposes. A list of parameters for the establishing of a section of plant is included as Appendix "A" B. Revenue Sharing As optical fibers or services of the NETWORK are licensed to third parties, the revenue mus( be dispersed in a logical and fair manner. This will be possible using the data associated with the sections of plant through which the leased fiber or service travels. As revenues are collected, (hey will be credited to the Holding Account of the CONSORTIUM. The funds in this account will be used to pay for the maintenance and, if sufficient, expansion of the NETWORK as discussed in the Cost Sharing section of the Agreement. Revenues will be credited to the Holding Account based on the proportionate contribution by each CONSORTIUM member toward the facility. The distance measurement to be used will be Fiber KiloFeet (FKF). The apportionment of ownership to each member of the CONSORTIUM of the sheath will be based on the percentage of the original fiber cable cast initially borne by each respective member - generally determined by the number of fibers allotted to each member in the particular section. An analysis of the material costs of various sizes of fiber optic cable reveals that they can be adequately represented by the expression y = ax + b where "y" is the installed cost of the fiber cable, "a" is the incremental cost of the fiber (slope), "x" is the number of fibers in the sheath, and "b" is the basic cost of the sheath (y -intercept). Joint Fitter Optics Project - Interlocal Agreement Page 6 of 18 • (See Appendix "A".) With a periodical analysis of the placing methods and costs associated with them, a broad gauge costing model can be developed for the NETWORK that is very close to actual contract costs. 'rhe elements making up the installed cost can be used to apportion the revenues from any fiber leasing arrangement in a fair and equitable way. Examples of how the revenue will be shared are shown in Appendix "B". The City will function as the contract and billing agent on License Agreements relating to NETWORK on behalf of the CONSORTIUM. Revenues will be collected as negotiated in the contract with the licensee, and the City will deposit the funds in the Holding Account set aside for the purpose of collecting and dispersing funds for the NETWORK. As revenues from License Agreements are deposited to the account, a record of the percentages in which the funds are credited among the CONSORTIUM members will be kept and a quarterly report will be made to each member. Funds generated from leasing fibers will be used to pay for maintenance, expansion, and other expenses. If the funds in the account accumulate faster than what is dispersed from the account, any member may request a disbursement from its portion of the account, but preferably no more frequently than once per quarter. This request is to be made on Form IRNETI as shown in Appendix °"B". As costs are identified that are to be shared among the members of the CONSORTIUM, an internal invoice will be generated to the member organizations indicating each agency's portion of the cost along with a complete description of the costs. If there are sufficient Funds available in the holding account of the CONSORTIUM, the member organizations can have the payments made from their portion of the holding account by authorizing such actions on the invoice and returning to the City. A sample invoice is shown in Appendix "B". C. Allocation of Fiber When a third party desires to enter into a License Agreement with the CONSORTIUM, the fiber to be used for the License Agreement shall be in the same proportion as those reserved by each member for its use. For example, a customer desires to lease twelve (12) fibers of a seventy-two (72) count line, of which the City owns thirty-six (36), and the County and District each owns eighteen (18). In this instance, assuming the City, County and District have fiber available to license, six (6) of the City's fibers would be used, and three (3) each from the County and District. If a member of the CONSORTIUM does not wish to participate in the License Agreement, its ownership share will be disregarded for the purpose of calculating proportionate share ownership to determine the quantity of each member's fibers available for licensing. In the example above, assuming the District does not wish to license any of their fibers, then the total line count would be reduced to fifty-four (54), of which the City would own sixty-six and two-thirds per cent (66 213%) and the County would own thirty-three and one-third per cent (33 113%0). In this instance, assuming the capacity is available, eight (8) fibers from the City and four (4) from the County would be used for the License Agreement. Joint Fiber Optics Project - Interlocal Agreement Pape 7 of I Should a member of the CONSORTIUM license any portion of its fibers to a third party, and itself subsequently develop needs for additional fiber, that member will be required to lease fiber from the other members of the CONSORTIUM for its use at current market rates, assuming the availability of necessary fiber and the absence of alternatives to meet the demand of the member in need of additional fiber. SECTION 11. Maintenance The City will maintain the NETWORK if desired by the CONSORTIUM. The expense associated with repairs will be invoiced by the Cilv on a "time and materials" basis. Time will be charged at an hourly rate, adjusted annually, and sufficient to include the expenses of labor, fringe benefits, overhead, and equipment amortization. If desirable, the TAC may adopt operating procedures and a fee schedule. All maintenance costs shall be shared among the members of the CONSORTIUM in the same proportion as the original installation costs borne by each of them, until such time as the percent of utilization changes among members. When maintenance activities or upgrades to the NETWORK are required for its continued usefulness, all applicable CONSORTIUM members shall share the associated expense in the same proportions as they shared the original installation costs, unless the percent of utilization has ch,�;iged among members. Should the City perform repair and maintenance functions for the NETWORK, it is with the understanding that the City's responsibility extends only to the fiber optic cable up to the Demarcation Point. Maintenance and restoration work provided by the City shall be limited to the fiber optic cable and service drops, and the individual fibers within the cable and service drops. The City shall have no obligation or right to perform maintenance or restoration on any electronics or other equipment owned by the other members of the CONSORTIUM, The City will provide maintenance on a 7-day/24-hotlr basis and shall not be prohibited from contracting for the repair when deemed necessary. In the event that an outside contractor is needed, the City will select, supervise, and coordinate with the vendor to complete the repair. Should City personnel and equipment be used for repair and maintenance of the NETWORK, the CONSORTIUM recognizes the priorities of the City and does not expect the restoration of service until such time as the City deems it appropriate and possible, considering the other demands for use of its resources. The City will not be held liable for loss of service and/or additional expense to the other members of the CONSORTIUM under these circumstances.. The City acknowledges the importance of the fiber optics line associated with the 800 MHz radio system and will utilize all reasonable means to repair or restore this liber on a priority basis. Should any member of the CONSORTIUM wish to terminate the arrangement whereby the City provides repair and maintenance services for the NETWORK, that member shall bring its concerns to the attention of the TAC. The arrangement shall be terminated or temporarily suspended if a majority of the CONSORTIUM members agree to do so. However, City will Joint Fiber Optics Project - Interlocal Agreement Page 8 of 18 M a 0 be given reasonable notification of repairs to be made to any porticn of the NETWORK containing its fibers and shall have the opportunity to supervise such repairs, at its own expense. SECTION 12. Modifications to NETWORK Should the planned activities of an individual member of the CONSORTIUM require part of the i:E'RVORK to be upgraded to accommodate its use, that member of the CONSORTIUM shall be solely responsible for payment of all costs associated with such modifications to the NETWORK, excepting agreement by any other member(s) that wish to participate in a cost- sharing arrangement for the modification. Any member which is proposing a modification, including new connection, to the NETWORK shall notify and submit any applicable construction documents to the remaining members of the CONSORTIUM at least thirty (30) calendar days prior to the date construction activities are expected to commence. The remaining members of the CONSORTIUM shall review the proposal as soon as practicable and may provide comments on the modification to the member submitting the proposal. Any modifications or connections to the NETWORK that may cause disruption or interference of service to the other members of the CONSORTIUM shall be coordinated with all members of the CONSORTIUM, and such work performed at a time as to minimize disruption and interference to the members of the CONSORTIUM, SECTION 13.. Relocation of Fiber Otic Cables If the relocation of any portion of the NETWORK is required or initiated by a member of the CONSORTIUM, relocation expenses (including engineering, construction, and materials) of the NETWORK shall be borne by the member causing the relocation. If relocation of (he NETWORK is required by a third party (e.g., Florida Department of Transportation), relocation expenses of the infrastructure related to the NETWORK (including engineering, construction, and materials) shall be shared by each member of the CONSORTIUM in accordance with the cost sharing provision of this Agreement, except to the extent that the relocation expenses are reimbursed by the third party. SECTION 14. Construction Locates The City will add any underground portions of the NETWORK within its utility service areas (electric, water and wastewater) to its membership with the Sunshine State One -Call of Florida, Inc. (One -Call) system. The County shall add all other areas of the NETWORK to its membership in said organization. In accordance with procedures established by One -Call, the City and County will receive requests for locates and shall perform, or cause the performance of, the associated work .necessary to determine the location of underground Joint Fiber 011tics PrOject - Iruerlocal At reeinont Paget 9 of 18 40 • portions of the NETWORK. If a contractor is used to perform locates„ the member contracting for such service shall be responsible for any damage to the NETWORK and obtaining any subsequent reimbursement from the contractor for the cost to repair the damage. If a locate is performed incorrectly, according to a final determination by the TAC, and results in damage to the NETWORK, the party performing the locate shall be responsible for the cost of repairing the damage, If a locate is performed correctly, according to final determination by the TAC, and damage occurs to the NETWORK, the costs to repair the damaged portion of the NETWORK shall be shared by each member of the CONSORTIUM in accordance with the cost sharing provision of this Agreement, except to the extent that repair costs are reimbursed by the party causing the damage. If damage occurs to the NETWORK and the City/County was not contacted to perform a locate, the costs to repair the damaged portion of the NETWORK shall be shared by each member of the CONSORTIUM in accordance with the cost sharing provision of this Agreement, except to the extent that repair costs are reimbursed by the party causing the damage. The County shall provide to the City as -built drawings of all underground conduits that will be used for the installation of the NETWORK prior to initiating changes to the One -Call membership, SECTION 15. Grants Should a member of the CONSORTIUM receive grant funds to assist with the construction or maintenance of the NETWORK, any provisions, limitations or restrictions associated with the grant(s) shall not affect or apply to the other members of the CONSORTIUM. In addition, any grant provisions, limitations or restrictions shall in no way affect the ownership interest of the other members of the CONSORTIUM in the NETWORK or restrict or affect the intended usage of the NETWORK by the remaining members. Should a member of the CONSORTIUM submit an application for grant funding associated with the NETWORK and such application requires the concurrence of the remaining members, such concurrence shall not be unreasonably withheld so long as such concurrence does not limit, restrict or in anyway affect the ownership or usage of the NETWORK by the member providing its concurrence and such concurrence does not subject or extend any requirements, provisions, or liability associated with the grant application to the member providing its concurrence. The remaining members of the CONSORTIUM shall not be held liable for the repayment of any grant funds which have been received by a member of the CONSORTIUM for the construction or maintenance of the NETWORK, but misused under the provisions of the associated grant agreement. Joint Fiber Optics Proiect - Interlocal AUruument Page 10 o1 18 4a • The member receiving the grant(s) for construction or maintenance activities associated with the NETWORK shall be solely responsible for performing any and all reporting requirements associated with the receipt of such grant funds, and the submittal of any and all documentation necessary for reimbursement of expenses under any associated grant agreement. SECTION! 16. Insurance Each member of the CONSORTIUM acknowledges that the NETWORK is not covered by a commercial property insurance policy. Any costs associated with repairs to, or restoration of, the NETWORK shall be shared between thp members of the CONSORTIUM in the same proportion as they bore the original installation costs of the affected area, until such time as the percent of utilization changes between members. Joint property insurance coverage of the NETWORK may only be acquired when all members of the CONSORTIUM that utilize the area for which coverage is desired agree on the need for property insurance coverage. Should property insurance coverage be acquired, its cost shall be shared between the members in accordance with the cost sharing provisions of this Agreement. Each member of the CONSORTIUM shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, including, but not limited to, liability insurance coverage, and in what amounts, it should carry relative to the associated risks. SECTION 17. indemnification, Hold Harmless Each member of the CONSORTIUM, to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes and any subsequent revisions thereto, agrees to indemnify, defend and hold harmless the other members of the CONSORTIUM and respective elected officials, officers, and employees against any claim, action, loss, damage, injury, liability, cost or expense, including, but not by way of limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including but not limited to death, or damage to property, caused by the negligence of the indemnifying member in connection with this Agreement. SECTION 18. Damage Caused by Disasters Should the Primary Route of the NETWORK be damaged or destroyed by a natural or man- made event to the extent that the cost to repair or replace the line, including utility pole replacement, exceeds 50% of the original installation costs, this Agreement is automatically terminated unless the governing body of each member of the CONSORTIUM authorizes its continuation and associated funding to repair or restore the affected area(s). However, those portions of the NETWORK which are: 1) licensed for use to a third party with the associated License Agreement requiring replacement of the line for the continuation of such License Agreement, and/or 2) used for the operation of the 800 MHz radio system, shall be repaired Joint Fiber Optics Project - Interlocal Agreement Page 11 of 18 E-1 or replaced in order to provide for the continuation of the License Agreement(s) and/or operation of the radio system. The costs to reconstruct portions of the Primary Route in order to accommodate third parties under a License Agreement and/or restore operation of the 800 MHz radio system, shall be shared in the same proportions as the original construction expenses were shared for the affected sections, unless otherwise determined by the TAC. Should the NETWORK sustain damage to an Auxiliary Route used only by one or two members of the CONSORTIUM, those members shall determine if the line will he repaired or replaced, recognizing the need for unanimous agreement when more than one member is involved and cost sharing is desired. SECTION 19. Contributions by Members In order to make the NETWORK a financially feasible project, members of the CONSORTIUM recognize the need to provide certain existing infrastructure and assets for use by the NETWORK without charge. Assets shall include, but not he limited to, utility poles owned by the City, conduit crossing various roadways owned by the County, and right-of-way owned and maintained by the City and County. In addition to the infrastructure offered by the City and County, where such use would not adversely affect the School District's equipment and network performance, the School District will allow the use of its Lucent G3 Intuity Switch for signal transport by the City and County, free of charge and for an indefinite time period. For any agreement reached under this paragraph relating to the Lucent G3 Intuity Switch, the City and County would also be responsible for the provision of the appropriate edge device for signal input, Examples of this could be for the carriage of video signals for the Government Information Channel or some data link to the Sheriff's Department for the Resource Officers located at the schools. Infrastructure owned by a single member of the CONSORTIUM prior to the execution of this Agreement shall, under no circumstances, become joint property owned by the CONSORTIUM, or any of its members collectively. SECTION 20. Term and Termination This Agreement shall be in effect for one (1) year from the date hereof and shall automatically be renewed for successive one (1) year terms unless a member of the CONSORTIUM gives one -hundred twenty (120) days notice of its intent to withdraw from the Agreement. Such notice of intent shall be made in writing and shall be served on the remaining members in accordance with the Notice provision of this Agreement. Upon withdrawal from this Agreement by a member of the CONSORTIUM, the remaining members shall have the option to purchase the withdrawing member's interest in the NETWORK at its depreciated value, and upon such terms as may be negotiated at the time of withdrawal. In the event that one member of the CONSORTIUM withdraws from the Agreement, the remaining members in the CONSORTIUM shall nonetheless observe its full force and effect, with the exception that if the City withdraws from this Agreement, all of the Joint Fiber Optics Pfoioct - interfoca4 Agreement Pale 12 of 18 • • City's responsibilities and authority relating to billing, licensing, etc., of the NETWORK to third parties shall cease. Any infrastructure owned by the member of the CONSORTIUM withdrawing from the Agreement and used by the CONSORTIUM for the NETWORK shall remain in service by the NETWORK. The withdrawing member may request payment for use of its infrastructure which is consistent with the amount charged to similar customers for like usage. if requested, these costs shall be paid by the remaining members in proportion to their revised ownership interest in the NETWORK. Upon five (5) days written notice, and without liability to the CONSORTIUM or the remaining individual members, the withdrawing member shall be disconnected from the NETWORK. SECTION 21. ARBITRATION It is agreed that disputes arising under this Agreement, or under any instrument made to carry out the terms of this Agreement, shall be submitted to arbitration in accordance with the provisions of the Florida Arbitration Code (Chapter 682, Florida Statutes). Each member of the CONSORTIUM shall appoint an arbitrator who shall be an attorney at law. And each member shall notify the other members of such appointment within three (3) days. The three (3) arbitrators so appointed shall constitute the board of arbitration. SECTION 22. Classification as Telecommunications Provider If the CONSORTIUM, or any member of the CONSORTIUM, is or becomes classified as a telecommunications company, telecommunications carrier, telecommunications service or any other telecommunications entity, or falls under the jurisdiction of existing or future regulation by any Slate or Federal regulatory agency as a telecommunications company, including, but not limited to, the Federal Communications Commission or the Florida Public Service Commission, the members of the CONSORTIUM shall meet immediately and cooperate with each other so as to determine if it is necessary to remove Such classification and, if so, whether, and to what extent, the Agreement can be amended to remove such classification. If the CONSORTIUM determines that it is necessary to remove such classification and the Agreement cannot be so amended, or if there is no agreement as to such amendment, then any member of the CONSORTIUM may withdraw from the Agreement in accordance with the provisions of this Agreement. SECTION 23. Effective Date This Agreement shall be in full force and effect upon the approval of each and every member and proper execution hereof. SECTION 24. No Third Party Beneficiaries This Agreement does not provide third parties with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege, except that the provisions hereof Joint Fiber optics Project - Interlocal A3reernont Page 13 of 18 • 11 involving indemnification or limitation of liability of all members of the CONSORTIUM shall also inure to the benefit of that member's employees, officers, agents, affiliates, and any other benefited persons specifically identified in the applicable provision. SECTION 25. Assi riment No member of the CONSORTIUM shall sell, assign, transfer, or otherwise alienate or dispose of any interest acquired pursuant to the terms of this Agreement or the privileges hereby granted, without the prior written consent of the remaining members, which consent shall not be unreasonably withheld or delayed. SECTION 26. Waiver of Terms or Conditions Failure to enforce or insist upon strict compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. SECTION 27. Severability Should any portion, provision, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, provision, section, or subsection; and the remaining portions of this Agreement shall remain in full farce and effect without regard to the portion, provision, section, or subsection or power invalidated. SECTION 28. Notice Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand or by certified mail, postage prepaid, and certified return receipt requested to the following address or such other address as the mombers of the CONSORTIUM may provide to each other in writing: To SCHOOL DISTRICT Roger Dearing, Superintendent School District of Indian River County 1990 25"' Street Vero Beach, FL 32960 Telephone: 561-564-3000 Facsimile: 561-569-0424 With a copy to: Greg Smith, Executive Director of Facilities School District of Indian River County 1990 251" Street Vero Beach, FL 32960 Telephone: 561-564-3000 Facsimile: 561-569-0424 Joint Fiber Optics Proicct - Interlocal Agreement Patio 14 of 18 40 r7 r To COUNTY James Chandler, Administrator County of Indian River 1840 251" Street Vero Beach, FL 32960 Telephone: 561-567-8000 Facsimile: 561-770-5095 With a copy to: Thomas Frame, Director of General Services County of Indian River 1840 251`1 Street Vero Beach, FL 32960 Telephone: 561-567-8000 Facsimile: 561-770-5095 To CITY Rex Taylor, City ManagerlUtilities Director City of Vero Beach 1053 20"' Place (32960) P. O. Box 1389 Vero Beach, FL 32961-1389 Telephone: (561) 978-4710 Facsimile: (561) 778-3556 With a copy to: Larry Raisor, Director of T&D City of Vero Beach 3455 Airport West Drive (32960) P. O, Box 1399 Vero Beach, FL 32961-1389 Telephone: (561) 978-5410 Facsimife: (561) 978-5490 SECTION 29. Entire Anreement: This Joint Fiber Optics Project Interlocal Agreement represents the entire agreement between the members of the CONSORTIUM and supersedes all prior agreements or representations, whether written or oral, with respect to the subject matter hereof. No provision of this Agreement may be changed or amended except by written agreement signed by all members of the CONSORTIUM. SECTION 30. Parties Bound This Agreement shall be binding upon the members of the CONSORTIUM and their respective successors and assigns. SECTION 31. Attorney's Fees The prevailing party in any litigation, arbitration or mediation relating to this Agreement shall be entitled to recover its reasonable attorneys' fees, paralegal fees and costs from the other party for all matters, including, but not limited to, appeals. Joint Fiber Optics Proiect - Interlocal Agreement Pane 15 of 19 11 SCHOOL DISTRICT OF INDIAN RIVER COUNTY SCHOOL. DISTRICT OF INDIAN Approved as to rm and legal RIVER COUNTY sufficletl Name:--� N me: Title: ,�� Title: mated this day of1909. Joint Fiber Optics Project - Interlocal Agreement Page 16 of 18 4w INDIAN RIVER COUNTY INDIAN RIVER COUNTY RIVER COUNTY ell e:Kenn¢th R. Macbt Title: chairman, Board oe CounLy Commissioners Dated this 7th dayof December Approved by BCC 12/07/99 Approved as to form and legal sufficiency: Name:Charles P. Vitunac Title: County Attorney F�'1*10a Joint Finer Optics Project - Intarlocal Agreement Faro 17 of la • CITY OF VFRO BEACH CIT( OF VERs] BEACH f dame: Rex Tayl r Title: City Ma ager/Utilities Director Dated this day of Approved as to form and legal sufficiency: N e:Julie B. Schulte TiV: : City Attorney 1999. Joint Fiber Optics Project • Interlocal Agreement Page 18 of 18 C1 A)IM - G1Y/CMMY/SCIr001. BOARD 11UER OPTIC CAME GACN.I3Mt EXPAWS1011 • , r aya ys i rw 1 ra .M.i;mrpr BREVARD COUNTY ff ♦f s'a a A Pj -PI 1 S y ru"I' Fl su N J 40 +} DiC104f •w 1 h. w n HJd w•�r++• rw,. D pp}¢ Y YM Yvk LV fa fir raw .«r wp+r >�+ i+.f w rr rfrlr I.rrw pl w f1r * Ylaww. fprr Slw - suG Y4 () FI 44 SW ItaRa.r C14r +f kve tl.aN flre4lr VranrwlrlW -• -- CII} aI Yna Dro ft. up41r Cd. Inl rcpmwf Md- R1nr C—:: Gp.pnw I if . Co lk 476M. f.d- RM. Ca�ml1 S.h w a— 16. 0014, Crwr ralr.tl./ fka, RwN 1p+r Seta Ia S6udad Read ST LUCIE COUNTY ++. wpw.r. nrpsf wr Joint Finer Optics Project - Interlocal Agreement Exhibit 1 M E-1 C] APPENDIX A PARAMETERS FOR ESTABLISHING SECTIONS OF PLANT A unique section number will be assigned to the facilities that comprise the NETWORK based on the following events: • There is a change in the size of the fiber optic cable • There is a change in the ownership split of the fiber optic cable • There is a change in the performance parameters of the fiber optic cable • There is a change in the structure carrying the cable (pole line, conduit, buried) • There is a change in the year of placement of the fiber optic cable • There is a point of service provision • There is a point of expected service provision • A major geographic point of significance is crossed (railroad, intracoastal, etc.) • A major change in the capacity of the structure occurs • Some significant transmission boundary or benchmark is encountered The member organizations will develop and adopt a standard for numbering sections within the first year that the CONSORTIUM is established. Joint f=iber Optics Project - Interlocal Agreement Appendix A - Page 1 WO 9 _1 w a Q 2 / V z U CL w m _ l.L Af'I'f;ND LH n LLI U) 0 Q D LL f- 0 4 m (X a4t L1. y) U) U KI Li] 11.. - _... _.. .._ ------ C3 ell C3, ua iia S d x �_,� awl S AG � Q +\ o L5 V p � i 9 CD o o +"n a ul o Do a�� ''A spa r ihi ni ' o © G cn as to N yr 4 p s, `" w p} U a u ►i p pp qpr gq p O C} 0 0 8 E S �Q4.•� N N � .lj O V. U7 Ito 4V1 +N U) y «{ iY iOO:J a51d 1SUD ch LLI U) 0 Q D LL f- 0 4 m (X a4t L1. y) U) U KI Li] 11.. - _... _.. .._ ------ C3 ell C3, ua x AG � o L5 V CD o o +"n a ul o Do a�� ''A spa r ihi ni ' o © G cn as to N yr 4 100-0 aid J.SOO s, `" Joint Fiber Optics Project Interlocal, ApreemenL Appendix A - Paige 2 • • APPENDIX B Example 1 Assume the following: Company X contacts the City of Vero Beach and requests inter -building fiber optic cables and fiber connectivity to the BellSouth Central Office for network access. The installation of the inter -building fiber and the branch fiber extension connecting Company X to the existing fiber optic network is to be done by the City of Vero Beach and will cost $25,000. Company X agrees to pay the make-ready costs up -front and agrees to a lease of two fibers from Company X to the BellSouth Central Office at a rate of $50 per fiber per mile per month. Figure 1 graphically depicts the connection to the NETWORK at a point in the section of plant that in this example is referred to as Section 10. Section 10 would be redefined into two separate sections of plant to reflect the interconnection point. Indian River County has 100% ownership of Section 10; it connects to Section 14 for connectivity to the BellSouth Central Office. Section 14, which is 10 KF of 96 fiber cable, is jointly owned by the City (36F), the County (24F), and the School District (36F). Sheets 2 - 4 depict the calculation of the revenue sharing. In the part of the route that is owned 100% by the County, it is obvious that all revenues attributable to that section of plant should be credited to the County. In Section 14, however, the costs of that section of plant were shared by all three entities, and the even though the fibers used by Company X are in the City's fiber count, the County and the School District helped pay for the sheath and should receive a portion of the compensation. Example 2 Assume the following; Company Y approaches the City of Vero Beach about leasing fiber from the BellSouth Central Office in Vero Beach to the intersection of 12"' Street and 27"' Avenue (See Figure 2). The initial requirement was for six fibers on an expedited basis; in order to meet the deadline the City of Vero Beach entered into a contract with Company Y and placed a fiber sheath to the desired interconnect point. The alternate route was provided at a later date over a jointly owned portion of the NETWORK. A 36 fiber cable was placed parallel to a 144 fiber cable from the BellSouth Central Office along 17°" Avenue to Vero Beach High School. The 36 fiber cable extended west from VBHS along 16" Street to 27"' Avenue and then south on 27"' Avenue to 12111 Street. This 36 fiber cable is owned equally among the three consortium Joint Fiber Optics Project - Interlocal Agreement Appendix B - Page 1 0 members and for the six -fiber requirement, 2 fibers were provided by each member. The cable that was placed initially by the City of Vero Beach contains 96 fibers from the BellSouth Central Office to 27" Avenue and 36 fibers south along 27"r Avenue to 12" Street. The 36 fiber cable will be extended to the west along 16" Strcet at some later date and was entered into the system as three sections. The division of revenue calculations for this example are shown on sheets 5- 10. On sheet 5, Section 31 is 2.5KF in length, has 180 fibers, and the construction method is LTIC. The 180 fibers is the combined total of the 36 fiber cable and the 144 fiber cable. LTIC indicates Loose Tube In Conduit. In the section showing the components of the "b" costs, a cost of $.76 is shown; that is the cost of installing conduit and pulling the cable in the new conduit in addition to the $2.15 for the cost of the trench. The $.64 is the cost of the two sheaths. On Sheet 9, the 36 fiber cable is shown as LTIC. Notice that in this section, there is no structure cost but a $.50 cost shown as other; this represents the cost of pulling the fiber in an existing conduit. Joint Fiber Optics Project - Interlocal Agreement Appendix 6 -- Page 2 40 FIGURE 1 t NORTH W1 F) uuir�nur •x• I2.51<0 2.5HF ,SECTInN 101 SECIFIN 10 SECTIM 49 24F ,1RC) 24r 0RE) 11B vB IOxF SECTIAN 14 3clinni. COMITY BRAR0 AD14M 96F 36F ,CVB) 36F ,IRS) 24F ,IRC) ABSS eELf_ SnUTH JoinL Fiber Optics ProjecL - Interlocal Agreen113nt Appendix n - Page 3 i a.0)(F SEC71014 42 36F 36F (CVP) LTIC CnHPANY FIBER 3.OKF SCC T 1E1H 41 96F 96F (CVP) APS$ 2.3kF SECTION 33 36F I2F (CVP) 12F ,IRS) 12F (IRE) ABSS 3-09 1' SECTION 34 MF 12F (CVB) 12F (rr)S) 12F' (IRC) ABS$ 12TH STREET FIGURE 2 t SR kO NOR Tn(T.v CAOINET e'x(r FELL SECTI(1N 31 SOUTH i I®GF (2 SHEATHS -144436) 04F (CVD) 60r (IRS) 36F QRC) LTIC j. SECHON 32 16TH STREET 144F 72F (CVS) 4PF t1RS) 24F" 41RCr VERO PEACIr ABSS I lul SCFiBOI. d0iriL Filer OpLics prajecL Inkerlocai kreement Appendix 11 _ Page 4 • • FORM IRNB'TI DATE: REQUEST FOR DISBURSEMENT Please issue a check from the holding account for (Member Organization) in the IRNIT joint fiber optic cable nctrwork. Balance on hand as of was reported to be Requested amount of check ['lease send check to: Make check payable to: Authorized signature; Ufm Joint Fiber Optics Project - Interlocal Agreement Appendix B — Page 5 40 0 SAMPLE INVOICE Date: The following charges reflect your portion of the responsibility I'or the reason Im expense as detailed below: Nature of Charges Attached is a check for $ Please satisfy. in the amount of $ Bate incurred Amount Due (member organization) from the holding account which was last reported to have a balance of $ on (date) Authorized signature: Title: Joint Fiber Optics Project - Interlocal Agreement Appendix B — Page 6 40 SECTION 10 LENGTH (ICF) 2.5 FIBER COUNT 24 CONSTRUCTION DH OWNERSHIP PERCENT "b" components fiber structure other TOTAL "b" FIBER ASSIGNMENT "a" component income factor MODIFIED "a" PER FT REV UNITS SECTION REV UNITS SECTION CARD CIRCUIT- DESCRIPTION: Lease of 2 fibers by Company X ham their facility through Sect. 10 & 14 to the BellSouth Central Office IN SERVICE DATE: Feb -99 CONTRACT REFERENCE: CV8 IRC IRS 0 24 0 0.00°Io- 100.00% 0.00% 0.32 2.15 2.47 0 2.47 0 2 0.025 20 0.5 0 1 0 0 3.47 0 0 8.675 0 Joint Fiber Optics Project - Interlocal Agreernent Appendix s - Page 7 40 SECTION CARD SECTION 14 CIRCUIT DESCRIPTION: Lease of 2 fibers by LENGTH (KF) 10 Company X from their facility through Sect. 10 & FIBER COUNT 96 14 to the BellSouth Central Office CONSTRUCTION ADSS IN SERVICE DATE: Feb -99 CONTRACT REFERENCE; OWNERSHIP CVB IRC IR5 36 24 36 PERCENT 37.50% 25.00% 37.50% "b" components fiber 0.93 structure 0.5 other TOTAL "U' 1.43 0.53625 0.3575 0.53625 FIBER ASSIGNMENT 2 "a" component 0.026 income factor 20 0.52 1.04 0 0 PER FT REV UNITS 1.57625 0.3575 0.53625 SECTION REV UNITS 15.7625 3.575 5.3625 Joint Fiber Optics Project - Interfocal Agreement Appendix B - Page 8 4b TOTAL REVENUE UNITS LEASE PAYMENT $237.00 FREQUENCY MONTHLY TO BE CREDITED TO HOLDING ACCOUNT per fiber mile $50.00 SECTION CARD CIRCUIT DESCRIPTION: Lease of 2 fibers by Company x from their facility through Sect. 10 & 14 to the Bel)South Central [Nice IN SERVICE DATE: Feb -99 CONTRACT REFERENCE: CVB IRC IRS TOTAL 15.7825 12.25 5.3625 33.375 $111.93 $88.99 $38.08 total route miles fibers revenue per 2.37 2 $237.00 month Joint Fiber Optics Project - Interlocal Agreement Appendix B - Page 9 SECTION 31 LENGTH (KF) 2.5 FIBER COUNT 180 CONSTRUCTION LTIC OWNERSHIP PERCENT "b" components fiber structure other TOTAL "b" FIBER ASSIGNMENT "a" component income factor MODIFIED "a" PER FT REV UNITS SECTION REV UNITS SECTION CARD CIRCUIT DESCRIPTION: Lease of 6 fibers by Company Y from their facility through Sections 31,33,34,41,&42 to the BellSouth Central Office IN SERVICE DATE: Feb -99 CONTRACT REFERENCE: CVB IRC IRS 84 36 60 46.67% 20-00% 33.33% 0.64 2.15 0.75 3.54 1.652 0.708 1.18 2 2 2 4.025 20 0.5 1 1 1 2.652 1.708 2.18 6,63 4.27 5.45 (Joint Fiber Optics Agreement - Interlocal Agreement Appendix R - Page 10 r SECTION 33 LENGTH (IIF) 2.5 FIBER COUNT 36 CONSTRUCTION ADS$ OWNERSHIP PERCENT "b" components fiber structure other TOTAL "b" FIBER ASSIGNMENT "a" component income factor MODIFIED "a" PER FT REV UNITS SECTION REV UNITS SECTION CARD CIRCUIT DESCRIPTION: Lease of 6 fibers by Company Y from their facility through Sections 31,33,34,41,&42 to the BellSouth Central Office IN SERVICE DATE: Feb -99 CONTRACT REFERENCE: CVB IRC IRS 12 12 12 33.33% 33.33% 33.33% 0.93 0.5 1.43 0.476667 0.476667 0.476667 2 2 2 0.026 20 0.52 1.04 1.04 1.04 1.516667 1.516667 1.516667 3.791667 3.791667 3.791667 Joint Fiber Optics Project - Interlocal Agreement Appendix B - Page 11 40 SECTION 34 LENGTH (KF) 3 FIBER COUNT 36 CONSTRUCTION ADSS OWNERSHIP PERCENT " b" components fiber structure other TOTAL "b" FIBER ASSIGNMENT "a" component Income factor MODIFIED "a" PER FT REV UNITS SECTION REV UNITS SECTION CAR❑ CIRCUIT DESCRIPTION: Lease of 6 Fibers by Company Y from their facility through Sections 31,33,34,41,&42 to the BellSouth Central Office IN SERVICE DATE: Feb -99 CONTRACT REFERENCE: CVB tRC IRS 12 12 12 33.33% 33.33% 33.33% 0.93 0.5 1.43 0.476667 0.476667 0.476667 2 2 2 0.026 20 0.52 1.04 1.04 1.04 1.516667 1.516667 1.516667 4.55 4.55 4.55 Joint Fiber Optics Project - Interlocal Agreement Appendix B - Page 12 SECTION 41 LENGTH (KF) � 3 FIBER COUNT 96 CONSTRUCTION ADSS OWNERSHIP PERCENT "b" components fiber structure other TOTAL ""b" FIBER ASSIGNMENT "a" component Income factor MODIFIED "a" PER FT REV UNITS SECTION REV UNITS SECTION CAGED CIRCUIT DESCRIPTION: Lease of 6 fibers by Company Y from their facility through Sections 31,33,34,41,&42 to the BellSouth Central Office IN SERVICE DATE: Feb -99 CONTRACT REFERENCE: CVB IRC IRS 96 0 0 100.00% 0.00%n 0.00% 0.93 0.5 1.43 1.43 0 0 6 0 0 0.026 20 0.52 3.12 0 0 4.55 0 0 13.65 0 0 Joint Fiber Optics Project - Interlocal Agreement Appendix B - Page 13 40 I Is SECTION 42 LENGTH (KF) 5 FIRER COUNT 36 CONSTRUCTION LTIC OWNERSHIP PERCENT "b" components fiber structure other TOTAL "b" FIBER ASSIGNMENT "a" component income factor MODIFIED "a" PER FT REV UNITS SECTION REV UNITS 0.32 0 0.5 0.82 0.025 20 0.5 SECTION CARD CIRCUIT DESCRIPTION: Lease of 6 fibers by Company Y from their facility through Sections 31,33,34,41,&42 to the BellSouth Central Office IN SERVICE DATE: Feb -99 CONTRACT REFERENCE: CVB IRC IRS 36 0 0 100.00% 0.00% 0.❑0°ia 4.82 0 0 6 0 0 3 0 0 3.82 0 0 19.1 ❑ 0 Joint Fiber Optics Project - Interlocal Agreement Appendix B - Page 14 `I 11 SECTION CARD CIRCUIT DESCRIPTION: Lease of 6 fibers by Company Y from their facility through Sections 31,33,34,41,&42 to the BellSouth Central Office IN SERVICE DATE`. Feb -99 CONTRACT REFERENCE: CV6 IRC IRS TOTAL. TOTAL REVENUE UNITS 47.72167 12.61167 13.79167 74.125 LEASE PAYMEN $1,818.00 FREQUENCY MONTHLY TO BE CREDITED TO HOLDING ACCOUNT $1,170-43 $309.32 $338,26 Joint Fiber Optics Project - Interlocal Agreement Appendix B - Page 15