ORDINANCE
NO. _____________________
TO AUTHORIZE SUNESYS, LLC (?LICENSEE?) TO ENCROACH UPON, OVER, UNDER
AND IN CERTAIN STREETS, EASEMENTS, ALLEYS AND OTHER PUBLIC RIGHTS-OF-WAY OF THE
COLUMBUS, GEORGIA CONSOLIDATED GOVERNMENT (?CITY?) FOR THE PURPOSE OF
INSTALLING, CONSTRUCTING, OPERATING, UPGRADING, MAINTAINING, REPAIRING,
REPLACING AND REMOVING A MULTIMEDIA OPTICAL FIBER COMMUNICATIONS TRANSMISSION
SYSTEM TO BE INSTALLED BY LICENSEE.
BE IT ORDAINED BY THE COUNCIL OF COLUMBUS, GEORGIA, as follows:
WHEREAS, Muscogee County School District has executed an agreement dated
February 1, 2007 with Licensee pursuant to which Licensee will install a
multimedia optical fiber communications transmission system, and the Muscogee
County School District will license from Licensee the right to use that
multimedia optical fiber communications transmission system; and
WHEREAS, the City (as defined below) intends to exercise, pursuant to
applicable law, including the 1996 Act, its authority with respect to the
regulation of the occupation and use of its public rights-of-way; and
WHEREAS, the City has determined that the public interest will be serviced by
permitting Licensee to encroach upon, over, under and in certain streets,
easements, alleys and other public rights-of-ways located in the City as long
as such use will not interfere with the City?s own service requirements or any
previously existing service requirements of others who are authorized to use
the City?s rights-of-way.
NOW, THEREFORE, COLUMBUS CONSOLIDATED GOVERNMENT HEREBY ORDAINS:
? 1. That Sunesys, LLC, referred to as ?Licensee?, subject to the conditions
set forth in ? 5, is hereby granted a license authorizing Licensee to encroach
upon, over, under and in certain Streets (as defined below), for the purpose of
installing, operating, maintaining and repairing, a multimedia optical fiber
communications transmission system (the ?System?), which includes overhead and
underground fiber optic cable and other equipment, conduit and wiring, shown as
dashed lines (underground) and solid lines (overhead) on plans prepared by
Licensee, designated as Project Number DF-0454, and entitled: Muscogee School
District, Wide Area Network, consisting of an overview and detailed strand maps
by grid, copies of which drawings have been submitted to, and approved by, the
City Engineer. The cable in the System shall consist of a single fiber optic
cable not exceeding one and one quarter (1?) inch in diameter, if above ground,
or installed in a cylindrical conduit or duct not exceeding four (4) inches in
diameter, if underground.
? 2. For purposes of this Agreement, the following terms, phrases, words and
their derivations shall have the meanings set forth in this Section, unless the
context clearly indicates that another meaning is intended. When not
inconsistent with the context, words used in the present tense include the
future, words used in the plural number include the singular number and words
used in the singular number include the plural number.
?Act? means the Communications Act of 1934, as amended by the
Telecommunications Act of 1996.
?Affiliated Person? means each Person who falls into one or more of the
following categories: (1) each Person in which Licensee has, directly or
indirectly, a Controlling Interest; (2) each officer, director, joint venturer
or joint venture partner, of Licensee; and (3) each Person, directly or
indirectly, controlling, controlled by, or under common Control with, Licensee;
provided that "Affiliated Person" shall in no event mean the City or any
creditor of Licensee solely by virtue of its status as a creditor and which is
not otherwise an Affiliated Person by reason of owning a Controlling Interest
in, being owned by, or being under common ownership, common management or
common Control with, Licensee.
"Cable Services" means "cable services" as defined in the Communications Act of
1934, as amended by the Communications Policy Act of 1984, the Cable Television
Consumer Protection and Competition Act of 1992, the Telecommunications Act of
1996, and as may be further amended from time to time (the "Cable Act"), but
does not include Telecommunications Services or Private Communications
Services. In the event that "cable services" is no longer defined in the Cable
Act or the definition in the Cable Act otherwise becomes inapplicable, "Cable
Services" shall mean "cable services" as defined in the Cable Act immediately
prior to such term no longer being defined in the Cable Act or such definition
otherwise becoming inapplicable.
?City? means Columbus Consolidated Government or, as appropriate in the case of
specific provisions of this Agreement, any board, bureau, authority, agency,
commission, department of, or any other entity of or acting on behalf of, the
City or any officer, official, employee, or agent thereof, any designee of any
of the foregoing, or any successor thereto. Notwithstanding the foregoing, for
the purposes of this Agreement the term the ?City? shall not include the School
District, nor shall the use of the terms officer, employee, agent, attorney,
consultant and independent contractor of the City be meant to include the
School District.
?Control" or "Controlling Interest" means actual working control in whatever
manner exercised, including, without limitation, working control through
ownership, management, debt instruments or negative control, as the case may
be, of Licensee or the System in the Streets. A rebuttable presumption of the
existence of Control or a Controlling Interest shall arise from the beneficial
ownership, directly or indirectly, by any Person, or group of Persons acting in
concert, of more than twenty-five percent (25%) of any Person (which Person or
group of Persons is hereinafter referred to as "Controlling Person").
"Control" or "Controlling Interest" as used herein may be held simultaneously
by more than one Person or group of Persons.
?Information Service? means information service as defined in 47 U.S.C. ?
153(20).
?Licensee? means Sunesys, LLC.
"Person" means any individual or any association, firm, partnership, joint
venture, corporation or other legally recognized entity, whether for profit or
not for profit, but shall not mean the City.
?Private Communications Services? means the transmission of Telecommunications
or the provision of Information Service by a Person, regardless of the
facilities used, for or in connection with the internal operations of such
Person?s business, residence or employment and not for or in connection with
the provision or offering of Telecommunications Services or Information
Services for sale or resale to any Person, and shall not mean Cable Services.
"Responsible City Official" means the body, organization or official to whom
the applicable rights or obligations have been delegated by the City pursuant
to applicable law.
?Route? means the path taken by the System to connect to the ?Sites? (as
defined in Section 5), and as identified in Attachment 1, and including any
subsequent notifications to the City by Licensee of additional Sites, which may
cause an expansion of the Route.
?School District? means Muscogee County School District.
?Services? means only any services provided to the School District pursuant to
the School District Agreement and will not include services provided by
Licensee to the general public.
?School District Agreement? means the February 1, 2007 agreement between the
School District and Licensee, and any amendments to the School District
Agreement.
"Streets" means the surface of, as well as the spaces above and below, any and
all streets, alleys, avenues, highways, bridges, tunnels, and any other public
places of the City within the corporate limits of the City, as the same now
exists or may be hereafter constructed, developed, extended or altered, and any
location thereon, and any portion thereof.
?System? means the multimedia optical fiber communications transmission system,
including, but not limited to, the equipment, transmission devices, servers,
routers, optical fibers, cables, electronics, parts, supplies, connections,
racks, boxes and personal property of Licensee and its vendors, suppliers and
contractors, that Licensee will install (and including any subsequent
modifications or additions to the System), and the School District will
license, pursuant to the School District Agreement, including any amendments
to the School District Agreement.
"Telecommunications? means ?telecommunications? as defined in 47 U.S.C. ?
153(43).
"Telecommunications Carrier" means "telecommunications carrier" as defined in
47 U.S.C. ? 153(44).
"Telecommunications Service? means ?telecommunications service? as defined in
47 U.S.C. ? 153(46), but shall not include Cable Services. In the event that
"telecommunications service" or ?Information Service? is no longer defined in
the Act or the definition in the Act otherwise becomes inapplicable,
"telecommunications service" and ?Information Service? shall mean
"telecommunications service" and ?Information Service? as defined in the Act
immediately prior to such term no longer being defined in the Act or such
definition otherwise becoming inapplicable.
? 3. The term of the License, and this Agreement, shall consist of the
?Initial Term? and the ?Renewal Terms.? The ?Initial Term? of the License
granted by this Agreement, and this Agreement commences on December 1, 2007,
("Effective Date") and expires on April 1, 2014. So long as Licensee is not in
default under this Agreement, the License, and this Agreement, shall
automatically renew for five additional five (5) year terms (each a "Renewal
Term") on the same terms and conditions as set forth herein provided that
Licensee notifies the City, at some time during the nine (9) month period prior
to the expiration of the Initial Term, or the then applicable Renewal Term,
that (i) Licensee wishes to renew the License, and this Agreement, for the then
upcoming Renewal Term; (ii) to the best of Licensee?s knowledge, Licensee is at
that time in compliance with this Agreement; and (iii) as of the date of
Licensee?s notice to the City, the School District Agreement is still in
effect, or any replacement agreement that has been executed between Licensee
and the School District is still in effect..
? 4. If Licensee commits a material violation of this Agreement, and does not
cure such violation within thirty (30) days after receiving notice of such
violation from the City (or if such violation cannot be cured within 30 days,
within such reasonable period of time thereafter as is necessary to cure the
violation), the City, at its option, may, upon written notice not less than
ninety (90) days prior to the effective date of the termination, terminate this
License and revoke this Agreement for cause, unless otherwise prohibited by
law. In the event of any termination of the License pursuant to this Section
4, Licensee, at the City?s request and at Licensee?s own cost and expense,
shall remove the fiber optic cable that is a portion of the System located in
the public rights of way. The City shall have the right to establish
reasonable terms and conditions for the removal of such fiber optic cable.
? 5. (a) This Agreement authorizes Licensee to encroach upon the Streets as
set forth in ?1 subject to the following condition. The System in the City
shall be used solely for the provision of Services pursuant to the School
District Agreement, and may not be installed overhead or underground, within
the Streets, except to the extent necessary or desirable to connect any
buildings or other locations (collectively, the ?Sites?) that Licensee connects
the System to pursuant to the School District Agreement. The initial Sites
are identified on a list prepared by Licensee, dated February 1, 2007, a copy
of which is attached to this Agreement as Attachment "2". The Sites shall also
include any additional Sites thereafter added, so long as Licensee notifies the
City of any such additional Sites to be connected as provided in Section 6
hereof, and so long as such additional Sites are added pursuant to the School
District Agreement, which shall include any amendments to that Agreement.
(b) If Licensee or the System fails to comply with the foregoing conditions in
this Section 5, and Licensee does not cure such violation of this Agreement in
a timely manner (as required under Section 4), the City may revoke and
terminate the License as provided in Section 4 of this Agreement; require
Licensee to obtain additional authorization from the City, including a
Telecommunications franchise; and/or impose such other conditions or
requirements permitted by applicable law or this Agreement. If Licensee or the
System fails at any time to comply with each of the foregoing conditions in
this Section 5, Licensee shall promptly inform the City in writing.
? 6. Licensee shall give the City at least thirty (30) days advance written
notice (a) of any changes in the Route involving the use of additional Streets
within the City and (b) of the connection of any additional Sites not included
in Attachment 2, and shall abide by any applicable non-discriminatory
permitting requirements as specified by City Ordinances in connection with such
changes.
? 7. Licensee shall have no right to assign or transfer its rights under this
Agreement without the prior written consent of the City, which consent shall
not be unreasonably withheld or delayed. The City shall not assign or transfer
its rights under this Agreement.
? 8. Licensee shall also be subject to the following specific conditions:
(a) Except as otherwise provided in this Agreement, the City shall not bear
any costs incurred in connection with Licensee's installation, construction,
maintenance, repair, operation and removal of the System.
(b) As between Licensee and the City, Licensee, on Licensee?s own behalf and
on behalf of any successor or assign, shall acknowledge and assume all
responsibility for its permitted use of the Streets and for the installation,
construction, maintenance, repair, operation and removal of the System, which
shall be undertaken without risk or liability on the part of the City.
(c) Licensee shall be required to pay a license fee for occupancy of Streets
under the control of the City equivalent to any amounts charged pursuant to
regulations promulgated by the State Department of Transportation (?DOT?) for
the associated occupancy of rights of way under the control of the DOT, taking
into consideration the mileage of the System in place in the Streets.
Notwithstanding the foregoing, Licensee shall be excused from making any
license fee payments required by this subsection as long as the Licensee and
the System is used in compliance with the provisions set forth in ?1 and ?5(a)
herein.
(d) At all times during the Term of the License and this Agreement, Licensee
will (i) provide the City with a copy of the then current version of the School
District Agreement, (ii) provide the City with written notice of the name,
address, telephone number of Licensee and an emergency contract number for
Licensee, and (iii) provide the City with such other information about Licensee
as the City may reasonably request.
(e) Licensee shall furnish the City evidence of a commercial general liability
insurance contract, including coverage for contractual liability and assumed
risks, in a form reasonably acceptable to the City, in an amount of $1,000,000
combined single limit, naming the City and its officers, boards, commissions,
councils, elected officials, agents and employees as additional insured.
Licensee shall be deemed to be in compliance with the foregoing provision if it
generally maintains a self-insurance program reasonably acceptable to the City
and provides certification thereof to the City. The foregoing minimum
limitation shall not prohibit Licensee from obtaining a liability insurance
policy or policies in excess of such limitations, provided that the City, its
officers, boards, commissions, councils, elected officials, agents and
employees shall be named as additional insureds to the full extent of any
limitation contained in any such policy or policies obtained by Licensee.
(f) Licensee shall require any of its sub-contractors to furnish the City
evidence of a commercial general liability and property damage insurance
contract in an amount of $1,000,000 combined coverage for bodily injuries and
property damage resulting from the sub-contractor?s activities with respect to
the installation, construction, operation, maintenance, repair, replacement and
removal of the System on behalf of Licensee. Such insurance shall name the
City and its officers, boards, commissions, councils, elected officials, agents
and employees as additional insureds.
(g) The insurance policies required in this Section 8 shall be maintained by
Licensee and its sub-contractors throughout the term of the License and such
other period of time during which Licensee operates or is engaged in the
removal of the System from the Streets. Each such liability insurance policy
shall contain an endorsement substantially in the form of the following:
It is hereby understood and agreed that this policy may not be canceled, nor
amended, nor the intention not to renew be stated, until thirty (30) days after
receipt by the City of a written notice of such intent to cancel or not to
renew.
Prior to any such cancellation, Licensee shall obtain and furnish to the City
replacement insurance policies in a form reasonably acceptable to the City.
(h) The legal liability of Licensee or the sub-contractors to the City and any
Person for any of the matters that are the subject of the liability insurance
policies required by this Section 8, including, without limitation, the
indemnification obligations set forth in this Agreement, shall not be limited
by such insurance policies nor by the recovery of any amounts hereunder, except
to the extent necessary to avoid duplicative recoveries from or payments by
Licensee or any sub-contractor.
(i) To indemnify the City for any unreimbursed loss or damage to its Streets
or any property of the City caused by Licensee during construction,
installation, operation, upgrade, repair, maintenance, replacement or removal
of the System, and to ensure the performance of Licensee under this License,
Licensee shall arrange for a performance bond solely for the protection of the
City, with a corporate surety or trust reasonably acceptable to the City and
consistent with the terms and conditions contained in Attachment 3 of this
License. A copy of the executed performance bond shall be delivered to the
City by Licensee no less than thirty (30) days after the Effective Date of this
Agreement.
? 9. Licensee shall be responsible for any liability of the City, and any
officer, employee, agent, attorney, consultant and independent contractor of
the City, arising out of or in connection with Licensee?s acts or omissions in
connection with the construction, installation, operation, repair, maintenance,
replacement or removal of the System by Licensee, or the performance of
Licensee?s obligations under the School District Agreement. Licensee shall, at
its own cost and expense, replace, repair or restore to as near as possible its
prior condition, any property damaged in connection with the performance of any
of the foregoing activities and shall pay any compensation and damages, finally
adjudicated by a court of competent jurisdiction to be owed by Licensee
pursuant to any claim against Licensee as a result of any injury to or death of
any Person occasioned by any act or failure to act of Licensee, any Affiliated
Person, or any officer, employee, agent or subcontractor thereof, in connection
with Licensee's construction, installation, operation, repair, maintenance or
removal of the System or the performance of Licensee?s obligations under the
School District Agreement. Nothing in this Section 9 shall be interpreted to
limit any indemnification obligations pursuant to this License. Nothing herein
shall be deemed to limit any recovery to which a Person may otherwise be
entitled or Licensee?s right to assert that any other Person, other than the
City, is responsible for the amounts owed.
? 10. The City, its officers, employees, agents, attorneys, consultants and
independent contractors shall not be responsible for any acts or omissions of
Licensee, any Affiliated Person or any other non-City affiliated Person,
arising out of or in connection with the construction, installation, operation,
upgrade, repair, maintenance, replacement or removal of the System or the
performance of Licensee?s obligations under the School District Agreement. The
City and its officers, employees, agents, attorneys, consultants and
independent contractors shall have no liability to Licensee, any Affiliated
Person or any other Person, and Licensee and its officers, employees, agents,
attorneys, consultants and independent contractors shall have no liability to
the City or any Affiliated Person or any other Person, for any special,
incidental, consequential, punitive, or other damages as a result of the
exercise of any right of the City or Licensee pursuant to this Agreement or
applicable law.
? 11. Except to the extent caused by (i) acts of willful misconduct or gross
negligence by the City or its officers, employees, agents, attorneys,
consultants and independent contractors or (ii) the violation by any or all of
the foregoing of Chapter 25-9 of the Official Code of Georgia, as now or
hereafter amended, relating to notification and location prior to excavation
near any underground utilities, Licensee shall defend, indemnify and hold
harmless the City, its officers, employees, agents, attorneys, consultants and
independent contractors from and against all liabilities, whether special,
incidental, consequential or punitive, and all other damages, costs and
expenses (including reasonable attorneys? fees) arising out of Licensee's
construction, installation, operation, repair, maintenance, replacement or
removal of the System or the performance of Licensee?s obligations under the
School District Agreement. Nothing herein shall be deemed to limit Licensee?s
right to assert that any other Person, other than the City, is responsible for
the amounts owed.
? 12. Licensee shall be responsible for assuring that all overhead cables that
are part of the System meet the minimum ground clearance as required by all
applicable codes and regulations.
? 13. Prior to construction, a final location plan for the portion of the
System that shall be located in the Streets shall be submitted for approval by
the City Engineer. The City Engineer shall be authorized to permit installation
pursuant to such final location plan, or to require an alternate location for
the portion of the System that shall be in the Streets, within the Route, if
the City Engineer reasonably determines that such alternate location must be
used to avoid interference with other permitted uses of such Streets or to
establish an appropriate width from curb for placement of the System for the
use proposed. The City acknowledges that the final location plan for the
initial construction of the System for the School District under the School
District Agreement has been submitted and approved by the City Engineer.
? 14. The Licensee shall place the System underground to the extent required by
the City or State of Georgia to do so and in any other locations where required
by the City Engineer, so long as any such requirements in this Section 14 are
applied on a non-discriminatory basis (i.e., such requirements are only
applicable if the City or State or City Engineer imposes the same requirement
on all Telecommunications Carriers or utilities). Notwithstanding the
foregoing, in the event that during the Term Licensee is granted the right by
the City to place its System above ground along a particular portion of a Route
where the cables of Telecommunications Carriers and utilities are also above
ground and Licensee actually installs a portion of its System above ground
along such portion, the City may not subsequently require the Company to place
such portion of the System underground unless the City also requires all other
Telecommunications Carriers or utilities with cable along such portion of the
Route to place their cables underground.
? 15. Licensee shall provide as-built drawings detailing the location of the
conduits and manholes of the System installed pursuant to the approval and
authorization granted pursuant to this Agreement.
? 16. Not less than thirty (30) days after this Agreement becomes effective,
Licensee shall furnish the City with the insurance and bond forms required
under this Agreement.
? 17. All work involved in the construction, installation, operation, repair,
maintenance and removal of the System shall be performed in a reasonably safe,
thorough and reliable manner, using materials of good and durable quality. If
it is reasonably determined by the City or any other agency or authority of
competent jurisdiction, at any time, that the portion of the System located in
the Streets is harmful to the health or safety of any Person, then Licensee
shall upon reasonable notice appropriate under the circumstances, at its own
cost and expense, promptly correct all such harmful conditions.
? 18. Neither the City nor its officers, employees, agents, attorneys,
consultants or independent contractors shall be responsible to Licensee or any
Affiliated Persons for any liability as a result of or in connection with the
protection, breaking-through, movement, removal, alteration or relocation of
the System by or on behalf of Licensee or the City in connection with any
emergency, public work, public improvement, alteration of any municipal
structure, any change in the grade or line of any Streets, or the elimination,
discontinuation and closing of any Streets. The foregoing provision relieving
the City from any liability pursuant to this Section shall not apply to acts of
gross negligence, willful misconduct or to damages caused by violations by the
City of Chapter 9 of Title 25 of the Official Code of Georgia Annotated, as now
or hereafter amended, relating to notification and location prior to excavation
near underground utilities. Nothing herein shall be deemed an admission by the
City of liability nor be interpreted to waive any protection against liability
under any law.
? 19. In connection with the construction, installation, operation, repair,
maintenance or removal of the System, Licensee shall not, except in an
emergency, materially obstruct the Streets, subways, railways, rivers or other
traffic to, from or within the corporate limits of the City without the prior
consent of the City. The portion of the System in the Streets shall be located
so as to cause minimum interference with the lawful use of the Streets and
adjoining property by other Persons. Licensee shall, to the extent not
prevented by an emergency, operate the System so as not to interfere with other
lawful, previously permitted uses of the Streets. Licensee shall undertake all
reasonable and appropriate efforts to prevent accidents at its work sites,
including the placement and maintenance of proper guards, fences, barricades,
watchmen and suitable and sufficient lighting, when and if necessary.
? 20. The City may, at any time and in accordance with applicable law, in case
of fire, disaster or other emergency, as determined by the City in its
reasonable sole discretion, cut or move the portion of the System located in
the Streets as and to the extent necessary to contain or alleviate the harm
threatened by the emergency at hand and/or to repair any damage to the Streets
resulting there from, in which event the City shall not incur any liability to
Licensee or any Affiliated Person. The City shall use reasonable efforts under
the circumstances if reasonably possible to consult with Licensee prior to any
such cutting or movement of the portion of the System located in the Streets,
and, if possible, Licensee shall be given the opportunity to perform such work
itself. All costs to repair or replace such portion of the System shall be
borne by Licensee.
? 21. The City has the right to oversee, regulate and inspect the
construction, installation, repair, maintenance and removal of the System in
the Streets. The City reserves the right to adopt or issue, in accordance with
applicable law, such rules, regulations, orders or other directives, governing
Licensee or the System as it shall find necessary or appropriate in the
exercise of its police power and consistent with, this Agreement.
? 22. Nothing in this Agreement affects the right of the City to authorize any
other Person to occupy and use the Streets, including the Streets set forth in
the Attachment or any other Streets in the Route, to construct, install,
operate, upgrade, repair, maintain and remove equipment used to provide any
Telecommunications Services or Private Communications Services, or to engage in
any other activity in the Streets, but the City shall not permit any Person to
do so if such use or activity will interfere with the System or the operation
of the System. Nothing in this Agreement affects the right of the City to
occupy and use the Streets to construct, install, operate, upgrade, repair,
maintain and remove equipment used to provide any Telecommunications Services,
or to engage in any other activity in the public Streets, so long as such use
or activity does not interfere with the System or operation of the System.
? 23. Nothing in this Agreement abrogates the right of the City to perform any
public works or public improvements. If the portion of the System located in
the Streets materially interferes with the construction, installation,
operation, maintenance, repair or removal of such public works or public
improvements, Licensee, at its own expense, shall, promptly after receipt of
reasonable notice of such interference from the City, protect, alter or
relocate such portion of the System, as reasonably directed by the City. If
Licensee, after receipt of the foregoing notice from the City refuses or
neglects to so protect, alter or relocate said portion of the System within a
reasonable time, the City may break through, remove, alter or relocate said
portion of the System without any liability to Licensee, and Licensee shall pay
to the City the reasonable costs incurred in connection with such breaking
through, removal, alteration or relocation. The City and its officers,
employees, agents, attorneys, consultants and independent contractors shall not
have any liability to Licensee for any damage as a result of, or in connection
with, such public works or public improvements. The foregoing provision
relieving the City from any liability pursuant to this Section shall not apply
to acts of gross negligence, willful misconduct or to damages caused by
violations by Chapter 9 of Title 25 of the Official Code of Georgia Annotated,
as now or hereafter amended, relating to notification and location prior to
excavation near underground utilities. Nothing herein shall be deemed an
admission of liability by the City nor be interpreted to waive any protection
against liability under any law.
? 24. Licensee shall obtain all approvals, licenses, permits or other
authorizations from the appropriate federal, state and local authorities
required for Licensee to perform its obligations under the School District
Agreement, and shall, upon the City?s request, submit evidence of such required
approvals, if any, to the City. Licensee shall obtain all construction,
building or other permits or approvals necessary before constructing,
installing upgrading, repairing, maintaining, replacing or removing the System.
? 25. Licensee shall, in connection with this Agreement, comply with: (1) all
applicable laws, rules, regulations, orders, writs, decrees and judgments
(including, but not limited to, those of the FCC and any other federal, state
agency or authority of competent jurisdiction); and (2) all applicable local
laws and all rules, regulations, orders, or other directives of the City issued
pursuant to this Agreement. As between Licensee and the City, Licensee shall
have the responsibility for obtaining all federal and state permits, licenses
and other forms of approval or authorization necessary to construct, install,
operate, repair, maintain and remove the System and perform Licensee?s
obligations under the School District Agreement.
? 26. If any section, subsection, sentence, clause, phrase or other portion of
this Agreement is, for any reason, declared invalid, in whole or in part, by
any court, agency, commission, legislative body, or other authority of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent portion. Such declaration shall not affect the validity of the
remaining portions hereof, which other portions shall continue in full force
and effect.
? 27. Notwithstanding anything in this Agreement to the contrary, this
Agreement shall not be deemed to waive, modify or amend any of the terms of the
School District Agreement, and the rights and obligations of the parties to the
School District Agreement. Without limiting the foregoing, any
obligations/liabilities/costs and expenses of, or assumed by, the School
District under the School District Agreement shall remain the School District?s
obligations/liabilities/costs and expenses and this Agreement shall not be
construed to constitute a waiver by Licensee of its rights to enforce such
obligations/liabilities/costs and expenses, or an agreement by Licensee to
assume such obligations/liabilities/costs and expenses. In addition,
notwithstanding anything in this Agreement to the contrary, this Agreement
shall not be deemed to waive, alter or modify any rights Licensee may have vis
a vis Persons other than the City with regard to obligations, liabilities or
otherwise. For example, any statements regarding Licensee?s liability for
certain actions or events or omissions under this Agreement shall not be
construed to mean that another Person or Persons, other than the City, does not
have primary or sole liability for such actions or events or omissions (or that
Licensee waives its rights against such other Persons), such that such other
Person or Persons would need to reimburse Licensee for any amounts it paid to
the City.
? 28. All notices, statements, demands, requests, consents, approvals,
authorizations, offers, agreements, appointments, designations, or other
direction or communication hereunder by any party to another shall be (a) in
writing, (b) effective on the first business day following the date of receipt,
and (c) delivered by one of the following means: (i) by personal delivery; (ii)
by prepaid, overnight package delivery or courier service; (iii) by the United
States Postal Service, first class, certified mail, return receipt requested,
postage prepaid; or (iv) by prepaid telecopier, telex, or other similar means
of electronic communication (followed by confirmation on the same or following
day by overnight delivery or by mail as aforesaid). All notices given under
this Agreement shall be addressed as follows:
CITY: Office of the City Manager
Columbus Consolidated Government
P. O. Box 1340
Columbus, Georgia 31902-1340
LICENSEE: SUNESYS, LLC
202 Titus Avenue
Warrington, PA 18976
Attn: Senior Counsel
Telecopier No.: (267) 927-2090
or to such other postal addresses, email addresses, or telecopier numbers of
which the parties have been advised in writing by any of the above-described
means. Personal delivery to a party or to any officer, partner, agent, or
employee of such party at its address herein shall constitute receipt. The
following shall also constitute receipt: (i) a party's rejection or other
refusal to accept notice, and (ii) the inability to deliver to a party because
of a changed postal address or telecopier number of which no notice has been
received by the other party. Notwithstanding the foregoing, no notice of
change of postal address, or telecopier number shall be effective until five
(5) business days after the date of receipt thereof. Each party agrees to
promptly give the other party notice of any change in its above listed,
respective postal addresses, telecopier numbers or contact persons.
? 29 Adoption. By the adoption of this Ordinance, the Council of Columbus
hereby expressly authorizes the Mayor of the City of Columbus to proceed with
the implementation of this Franchise and to enforce the provisions contained
herein.
ATTACHMENT 1
ROUTE
ATTACHMENT 2
SITE LIST
Customer: Muscogee County School District
Type of Service: 1000Mbps Point-to-Point Managed Ethernet Service
Order Date: February 1, 2007
1.Description of Wide Area Network: Point-to-point 1000 Mbps Ethernet based
connection between and terminating at the following Connecting Points:
A-LOC B-LOC
Site Name: Columbus Roberts Center. Site Name: Teen Parenting Center
Street Address: 539 Brown Ave Street Address: 2701 11th Ave
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31901
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX:706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
C-LOC D-LOC
Site Name: Arnold Middle Site Name: Richards Middle
Street Address: 2011 51st St Street Address: 2892 Edgewood
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31906
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
E-LOC F-LOC
Site Name: Rothschild Middle Site Name: Kendrick High
Street Address: 1136 Hunt Ave. Street Address: 6015 Georgetown Dr.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31904
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
G-LOC H-LOC
Site Name: Financial Services Site Name: Eddy Middle
Street Address: 5661 Lorenzo Rd. Street Address: 2100 S. Lumpkin Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31903
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
I-LOC J-LOC
Site Name: St. Elmo Gifted Center Site Name: Baker Middle
Street Address: 2101 18th Ave. Street Address: 1215 Benning Dr.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31906 City/St/Zip: Columbus, Ga. 31903
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
K-LOC L-LOC
Site Name: Blackmon Road Middle Site Name: Blanchard Elementary
Street Address: 7251 Blackmon Rd. Street Address: 3512 Weems Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31909 City/St/Zip: Columbus, Ga. 31909
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
M-LOC N-LOC
Site Name: Brewer Elementary Site Name: Britt David Elementary
Street Address: 2951 MLK Dr. Street Address: 5801Armor Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31906 City/St/Zip: Columbus, Ga. 31909
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
O-LOC P-LOC
Site Name: Carver High Site Name: Columbus High
Street Address: 3100 8th St. Street Address: 1700 Cherokee Ave.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31903
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
Q-LOC R-LOC
Site Name: Cusseta Road Elementary Site Name: Dawson Road Elem.
Street Address: 4150 Cusseta Rd. Street Address: 180 Northstar Dr.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31903 City/St/Zip: Columbus, Ga. 31907
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
S-LOC T-LOC
Site Name: Dimon Elementary Site Name: Double Churches Elementary
Street Address: 480 Dogwood Dr Street Address: 1213 Double Churches Rd..
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31907 City/St/Zip: Columbus, Ga. 31904
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
U-LOC V-LOC
Site Name: Double Churches Middle Site Name: Downtown Elementary
Street Address: 7611 Whitesville Rd. Street Address: 1400 1st Ave.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31901
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
W-LOC X-LOC
Site Name: E. Columbus Magnet Academy Site Name: Edgewood Elementary
Street Address: 6100 Georgetown Dr. Street Address: 3835 Forrest Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31907 City/St/Zip: Columbus, Ga. 31907
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
Y-LOC Z-LOC
Site Name: Forrest Road Elem. Site Name: Fort Middle
Street Address: 6400 Forrest Rd. Street Address: 2900 Woodruff Farm Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31907 City/St/Zip: Columbus, Ga. 31907
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
AA-LOC BB-LOC
Site Name: Fox Elem. Site Name: Gentian Elem.
Street Address: 600 38th St. Street Address: 4201 Primrose Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31907
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
CC-LOC DD-LOC
Site Name: Hannan Elem. Site Name: Hardaway High
Street Address: 1338 Tallbottom Rd. Street Address: 2901 College Dr.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31901 City/St/Zip: Columbus, Ga. 31904
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
EE-LOC FF-LOC
Site Name: Johnson Elem. Site Name: Jordan High
Street Address: 3700 Woodlawn Ave. Street Address: 3200 Howard Ave.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31903
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
GG-LOC HH-LOC
Site Name: Key Elem. Site Name: MLK Jr. Elem.
Street Address: 2520 Broadmoor Dr. Street Address: 350 30th Ave.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31903 City/St/Zip: Columbus, Ga. 31903
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
II-LOC JJ-LOC
Site Name: Mathews Elem. Site Name: Midland Academy
Street Address: 7533 Lynch Rd. Street Address: 7373 Psalmond Rd.
Suite/Floor: Suite/Floor:
City/St/Zip Midland, Ga. 31820 City/St/Zip: Midland, Ga. 31820
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
KK-LOCLL-LOC
Site Name: Midland Middle Site Name: Muscogee Elem.
Street Address: 6990 Warm Springs Rd. Street Address: 3900 Baker Plaza
Suite/Floor: Suite/Floor:
City/St/Zip: Midland, Ga. 31820 City/St/Zip: Columbus, Ga. 31903
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
MM-LOC NN-LOC
Site Name: Northside High Site Name: Reese Road Elementary
Street Address: 8151 Veterans Pkwy Street Address: 3100 Reese Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31909 City/St/Zip: Columbus, Ga. 31907
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
OO-LOC PP-LOC
Site Name: Rigdon Rd Elem. Site Name: River Road Elementary
Street Address: 1282 Rigdon Rd. Street Address: 516 Heath Dr.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31906 City/St/Zip: Columbus, Ga. 31904
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
QQ-LOC RR-LOC
Site Name: Shaw High Site Name: Spencer High
Street Address: 7601 Schomberg Rd. Street Address: 4340 Victory Dr.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31906 City/St/Zip: Columbus, Ga. 31903
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
TT-LOC UU-LOC
Site Name: St. Mary?s Road Elem. Site Name: Waddell Elem.
Street Address: 4408 St. Mary?s Rd. Street Address: 1601 Miller Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31907 City/St/Zip: Columbus, Ga. 31907
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
VV-LOC WW-LOC
Site Name: Westley Heights Elem. Site Name: Wynnton Elem.
Street Address: 1801 Amber Dr. Street Address: 2303 Wynnton Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31906
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
XX-LOC YY-LOC
Site Name: Daniel Ed. Center Site Name: Rose Hill Center
Street Address: 1042 45th St. Street Address: 425 31st St.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31904
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
ZZ-LOC AAA-LOC
Site Name: 13th Ave. Pre School Site Name: Tillinghurst
Street Address: 151 30th Ave. Street Address: 514 Morris Rd.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31903 City/St/Zip: Columbus, Ga. 31906
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
BBB-LOC CCC-LOC
Site Name: Woodall Center Site Name: Davis Elem.
Street Address: 4312 Harrison Ave. Street Address: 1822 Sheperd Dr.
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31903 City/St/Zip: Columbus, Ga. 31904
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
DDD-LOC EEE-LOC
Site Name: Marshall MS Site Name: Central Office
Street Address: 1830 Sheperd Dr. Street Address: 1200 Bradley Dr
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31904
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
FFF-LOC GGG-LOC
Site Name: New Elementary School Site Name: New Middle School
Street Address: Street Address:
Suite/Floor: Suite/Floor:
City/St/Zip: Columbus, Ga. 31904 City/St/Zip: Columbus, Ga. 31904
Local Site Contact: Carol Vander Gheynst Local Site Contact: Carol Vander Gheynst
NPA/NXX: 706/748 NPA/NXX: 706/748
Hand-Off Type:
RJ-45 1000Base-T or SX or LX Hand-Off Type:
RJ-45 1000Base-T or SX or LX
ATTACHMENT 3
PERFORMANCE BOND
? 1. Amount. The initial Performance Bond shall be in the face amount of not
less than Forty Thousand Dollars ($40,000.00). Such bond amount shall remain
in effect throughout the Term of this License and for ninety (90) days
thereafter.
? 2. Withdrawals from the Performance Bond. The City may make withdrawals
from the Performance Bond to reimburse or indemnify the City for any damage,
expenditure, loss or cost incurred or which the City reasonably expects to
incur as a result of any final determination by the City's governing body
pursuant to Section 4 hereof that a breach by Licensee has occurred and that
such breach has not and will not be cured in a manner and in accordance with a
schedule reasonably satisfactory to the City's governing body and that such
breach is not excusable. Withdrawals from the Performance Bond shall not be
deemed a cure of any default(s) that led to the withdrawal. Prior to making
any withdrawals from the Performance Bond, the City will give Licensee at least
seven (7) business days advance written notice of its intent to make a
withdrawal from the Performance Bond. The City?s right to make withdrawals
shall not be subject to Licensee?s approval. The City may not seek recourse
against the Performance Bond for any costs or damages for which the City has
previously been compensated through a withdrawal from the Performance Bond or
otherwise by Licensee if the result of the withdrawal is to compensate the City
twice.
? 3. Notice of Withdrawals. The City shall notify Licensee in writing of the
date and amount of any withdrawal. The withdrawal of amounts from the
Performance Bond shall constitute a credit against the amount of the applicable
liability of Licensee to the City, but only to the extent of said withdrawal.
? 4. Replenishment. Within thirty (30) days after receipt of notice from
the City that any amount has been withdrawn from the Performance Bond, Licensee
shall restore the Performance Bond to the applicable amount specified in
Section 1 of this Attachment3. Provided however, if a court finally determines
that said withdrawal by the City was improper, the City shall refund the
improperly withdrawn amount to Licensee in the event Licensee has replenished
such amount to the Performance Bond. If Licensee has not replenished such
amount, the City shall refund the improperly drawn amount to company issuing
the Performance Bond.
? 5. Form. The Performance Bond shall be in a form and content reasonably
approved by the City and shall be furnished to the City no less than five (5)
days prior to the commencement of any work under this Agreement. The
Performance Bond shall contain the following endorsement: ?It is hereby
understood and greed that this bond may not be canceled or not renewed by the
surety until at least sixty (60) days prior written notice to the City of
surety?s intention to cancel or not renew this bond.?
? 6. Not a Limit on Liability. The obligation to perform and the liability of
Licensee pursuant to this License shall not be limited by the City?s acceptance
of the Performance Bond required by this Attachment 3.
Introduced at a regular meeting of the Council of Columbus, Georgia held on the
15th day of January, 2008, introduced a second time at a regular meeting of
said Council held on the _____ day of ___________, 2008, and adopted at said
meeting by the affirmative vote of ________ members of said Council.
Councilor Allen voting____________.
Councilor Anthony voting__________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Hunter voting___________.
Councilor McDaniel voting_________.
Councilor Pugh voting_____________.
Councilor Woodson voting__________.
_______________________________ __________________________
TINY B. WASHINGTON JIM WETHERINGTON
CLERK MAYOR
Agenda Item#__________
Columbus Consolidated Government
Council Meeting
January 15, 2008
Agenda Report#_______
TO: Mayor and Councilors
SUBJECT: Franchise Agreement between Sunesys and
the Columbus Consolidated Government
INITIATED BY: Finance Department
Recommendation: Approve an Ordinance for the franchise agreement with Sunesys
for the installation and maintenance of multimedia optical fiber communications
transmission system.
Background: The License Agreement between the City and Sunesys is for the
purpose of providing private communications services between and among certain
Board of Education facilities located within the City of Columbus. The
agreement is based on the Georgia Municipal Associations standard
telecommunication encroachment agreement. The school district has contracted
with Sunesys to develop an advanced multimedia communications system by
improving an existing school system currently in place.
Analysis: The Muscogee County School District has executed an agreement dated
February 1, 2007 with Licensee pursuant to which Licensee will install a
multimedia optical fiber communications transmission system, and the Muscogee
County School District will license from Licensee the right to use that
multimedia optical fiber communications transmission system. This would be a
mutual benefit to Columbus, the Muscogee County Board of Education and the
students in the community who now or will attend the schools and will benefit
from availability of advanced telecommunications which should help in their
overall development and provide efficiencies in providing interaction between
and among schools, teachers and students.
Financial Considerations: The traditional encroachment fee shall be waived
provided the ?private communications system? is not in any way used for
commercial purposes. If Sunesys uses the network for purposes other than the
interconnection of the schools, then an appropriate fee will be paid based on a
linear foot charge that is consistent with fees charged by the DOT charges for
encroachment on state highways. If the system is used for the sale of
telecommunications services to the public, the license agreement will be voided
and a telecommunications franchise must be obtained.
Legal Considerations: O.C.G.A. ?36-34-2 authorizes municipalities to issue
franchises for the use of rights of way. The Columbus Council must approve all
ordinances awarding franchise agreements.
Recommendations/Actions: Approve an Ordinance affirming Franchise Agreement
between the Columbus Consolidated Government and Sunesys LLC.
Attachments
No attachments for this document.