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HomeMy WebLinkAboutContract Specifications-Agreement Regarding Financial Arrangements to include Waterloo final 9-06-23AGREEMENT BETWEEN THE MUNICIPAL COMMUNICATIONS UTILITY OF THE CITY OF CEDAR FALLS, WAVERLY COMMUNICATIONS UTILITY, THE COMMUNICATIONS UTILITY OF BELLEVUE, IOWA, INDIANOLA MUNICIPAL UTILITIES, VINTON MUNICIPAL COMMUNICATIONS UTILITY, CITY OF PELLA MUNICIPAL TELECOMMUNICATIONS UTILITY, NEW HAMPTON MUNICIPAL COMMUNICATIONS UTILITY, AND WATERLOO TELECOMMUNICATIONS UTILITY REGARDING FINANCIAL ARRANGEMENTS 1. This Agreement is made and entered into pursuant to the: AMENDED AND RESTATED AGREEMENT UNDER IOWA CODE CHAPTER 28E BETWEEN WAVERLY COMMUNICATIONS UTILITY, THE MUNICIPAL COMMUNICATIONS UTILITY OF THE CITY OF CEDAR FALLS, THE COMMUNICATIONS UTILITY OF BELLEVUE, IOWA, INDIANOLA MUNICIPAL UTILITIES, VINTON MUNICIPAL COMMUNICATIONS UTILITY, CITY OF PELLA MUNICIPAL TELECOMMUNICATIONS UTILITY, NEW HAMPTON MUNICIPAL COMMUNICATIONS UTILITY, AND WATERLOO TELECOMMUNICATIONS UTILITY PROVIDING FOR JOINT OWNERSHIP AND USE OF CERTAIN FACILITIES AND RELATED MATTERS ("28E Agreement") and is to be interpreted and construed in accord with said agreement. 2. This Agreement is subject to and continues prior agreements of the parties, including the following: A. All parties agree that insurance (including responsibility for deductibles) of assets and facilities are a shared expense allocated in accord with investment in assets and shall be subject to annual readjustment under paragraph 9 of the 28E Agreement. These and other expense allocations are addressed within this Agreement and specifically in Schedule A of the 28E Agreement. B. Except as specifically modified by this Agreement or the Amended and Restated 28E Agreement mentioned in paragraph 1 the understanding set forth in this paragraph remain valid. 3. Starting October 11, 2023, Waterloo will make all payments based on the Amended and Restated 28E Agreement and specifically in Schedule A of the 28E Agreement, as well as the following one-time payments under this Agreement: -1- A. Waterloo will make a payment to CFU for IP Video headend equipment, Minerva and Network DVR of $288,300.51 and a payment for existing CFU owned video infrastructure of $144,474.99. CFU shall make the reimbursement payments identified in paragraphs 3(B) and 3(C). B. Payments from Waterloo for IP Video headend equipment, Minerva and Network DVR will be reimbursed to existing parties as follows: $133,738.86 to Cedar Falls, $34,800.61 to Waverly Utilities, $6,207.68 to Bellevue, $50,042.17 to Indianola, $18,445.67 to Vinton, $33,089.86 to Pella, and $11,975.66 to New Hampton. C. Payments from Waterloo for existing CFU owned video infrastructure will be reimbursed to existing parties as follows: $65,903.37 to Cedar Falls, $16,976.84 to Waverly, $4,843.52 to Bellevue, $25,305.04 to Indianola, $9,469.29 to Vinton, $15,841.79 to Pella, and $6,135.14 to New Hampton. -2- MUNICIPAL COMMUNICATIONS UTILITY OF THE CITY OF CEDAR FALLS, IOWA Richard McAlister, Board Chair ATTEST: MaraBeth Soneson, Board Secretary Date -3- WAVERLY COMMUNICATIONS UTILITY , Board Chair ATTEST: , Secretary to the Board Date Im COMMUNICATIONS UTILITY OF BELLEVUE, IOWA , City Administrator ATTEST: , City Clerk Date -5- INDIANOLA MUNICIPAL UTILITIES , Board Chair ATTEST: , Board Secretary Date 192 VINTON MUNICIPAL COMMUNICATIONS UTILITY , Board Chair ATTEST: , Board Secretary Date -7- CITY OF PELLA TELECOMMUNICATIONS UTILITY , Mayor ATTEST: , City Clerk Date 10 NEW HAMPTON MUNICIPAL COMMUNICATIONS UTILITY , Board Chair ATTEST: , Board Secretary Date In WATERLOO TELECOMMUNICATIONS UTILITY acnEo Andrew Van Fleet, Board Chair ATTEST: Xe(fey FeIcFire SIGREN Kelley Felchle, Board Secretary 9/6/2023 Date -10-