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HomeMy WebLinkAbout09.28.2026 Telecom Board Agenda - Special Session BOARD MEMBERS Andrew Van Fleet Board Chair Theodore Batemon Ritch Kurtenbach Mike Young Amy Wienands City Council Liaison: Steve Schmitt September 28, 2026 City Clerk’s Office Waterloo City Hall 1:00 p.m. 1. Roll call. 2. Approval of the agenda, as presented. 3. Approval of the minutes of September 16, 2026, regular session, as presented. 4. Resolution No. 2026-15 authorizing official banking signatures. 5. Resolution No. 2026-16 approving a point-to-point rate list. 6. Motion approving a Right-of-Way Agreement with the City of Waterloo. 7. Update from general manager and consultants. 8. Adjourn Kelley Felchle Board Secretary WATERLOO Telecommunications Utility Board of Trustees TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES Council Chambers September 16, 2026 4:00 p.m. 1. Members present: Mr. Van Fleet, Mr. Kurtenbach, and Mr. Young. Absent: Mr. Batemon and Ms. Wienands. 2. Moved by Kurtenbach seconded by Young that the agenda as proposed, be approved. Voice vote-Ayes: Three. Motion carried. 3. Moved by Kurtenbach seconded by Young that the meeting minutes of September 2, 2026, as presented, be approved. Voice vote-Ayes: Three. Motion carried. 4. Moved by Young seconded by Kurtenbach that, Resolution No. 2026-13, authorizing payment of bills for August 2026, be adopted. Roll Call vote-Ayes: Three. Motion carried. Mr. Van Fleet inquired whether the charges from ITG were consistent with expectations. Dave Herbsleb, ITG, stated that the charges were in line with expectations and provided additional details regarding the costs. Kelley Felchle, Board Secretary, asked whether there had been any unexpected issues during the past month of construction. Ian Crowther-Green, Waterloo Fiber, provided details of a discount they had received for part of the project. Dave Herbsleb confirmed there were no unexpected issues during construction. Mr. Van Fleet stated that he would like to receive additional details regarding costs going forward. 5. Moved by Kurtenbach seconded by Young that, Resolution 2026-14, approving an Employment Agreement with Rob Houlihan for the position of Chief Executive Officer and General Manager, be adopted. Voice vote-Ayes: Three. Motion carried. Mr. Van Fleet provided an overview of the process used to select Rob Houlihan as the General Manager. Mr. Young expressed his appreciation for Ben Stineman for serving as Interim General Manager. Mr. Kurtenbach stated he is looking forward to having Rob Houlihan join Waterloo Fiber. Page 2 6. Moved by Young seconded by Kurtenbach for a motion to approve the purchase of CGNAT Router equipment in the amount of $64,760.50. Voice vote-Ayes: Three. Motion carried. Mr. Van Fleet stated that the purchase would result in cost savings. Mr. Kurtenbach requested further clarification on the purchase. Ben Stineman, Interim General Manager, stated that the equipment is a drop-in replacement with perpetual licensing and lower support costs, with an estimated annual savings of $20,000. 7. Update from General Manager and consultants. Ben Stineman, Interim General Manager, stated that he does not have an update, but mentioned that a special session may be necessary soon to approve agreements. Mike Regan, Entrust, stated that Task Order 15 was handed off to Waterloo Fiber while Task Orders 14, 16, and 17 are targeted for October or November. He also clarified that downtown construction continues. Dave Herbsleb, ITG, stated that Task Orders 16 or 17 are just being held up from the Katoski Drive roundabout project. Mr. Van Fleet inquired if construction would be done a month earlier. Dave Herbsleb stated that is the goal due to the harsh conditions in the winter. Mr. Van Fleet inquired about a late daily penalty that would accrue if construction extended beyond the December 31 deadline. Dave Herbsleb stated that the contract includes a provision allowing the construction deadline to be extended with Board approval, if necessary. He clarified that the goal is to complete the fiber-to-the-home construction by the end of the year. He also noted that Task Order 13 may progress at a slower pace due to the complexity of the work. Mr. Van Fleet asked how many feet are involved with Task Order 13. Mike Regan clarified that approximately 50,000 feet remained. He also noted that utility locates are taking 72 hours or more and that drilling was scheduled to take place on W. 6th Street on September 17. 8. Adjourn. Page 3 With no further business before the board, it was moved by Kurtenbach seconded by Young that the meeting be adjourned at 4:27 p.m. Voice vote-Ayes: Three. Motion carried. Kelley Felchle Board Secretary RESOLUTION NO. 2026-XX RESOLUTION AUTHORIZING OFFICIAL BANKING SIGNATURES. WHEREAS, accounts have been established in the name of the Waterloo Fiber of Waterloo, Iowa with Community Bank and Trust and Lincoln Savings Bank, wherein may be deposited any of the funds of Waterloo Fiber whether represented by cash, check, note, or other evidences of debt, and from which deposit withdrawals may be made in the name of Waterloo Fiber by duly authorized officials of the municipal telecommunications utility. NOW, THEREFORE, BE IT RESOVED BY THE TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES OF WATERLOO IOWA, AS FOLLOWS: Section 1. Powers Granted: That the Telecommunications Utility Board of Trustees of Waterloo, Iowa hereby grants the officials named below the authority to sign on Waterloo Fiber’s financial accounts. Andrew Van Fleet, Board Chair Kelley Felchle, Board Secretary Doug Anderson, Bookkeeper Ben Stineman, Consultant PASSED AND ADOPTED this ____th day of May 2026. ______________________________ Andrew Van Fleet, Board Chair ATTEST: ______________________________ Kelley Felchle, Board Secretary SEAL Waterloo FIber Point-to-Point Internet product 1. What it is: A dedicated private connection between two locations only. Bandwidth is reserved for those two endpoints, and not shared with other customers or routed over the public internet. 2. Bandwidth options: Four tiers available: 500 Mbps, 1 Gbps, 5Gbps, and 10 Gbps. 3. Contract term: Requires a service agreement, typically 60 months. 4. Custom scope: Requirements outside standard offerings are handled as a custom-negotiated product and contract. Retail (Business/Enterprise/Government) Point-to-Point solutions Product Price - monthly recurring Non-Recurring price Description Point to Point - 500Mbps $500 per month $250 A dedicated private connection between two locations only. 500 Mbps committed bandwidth Point to Point - 1 Gbps $550 per month $250 A dedicated private connection between two locations only. 1 Gbps committed bandwidth Point to Point - 5 Gbps $1,050 per month $250 A dedicated private connection between two locations only. 5 Gbps committed bandwidth Point to Point - 10 Gbps $1,200 per month $250 A dedicated private connection between two locations only. 10 Gbps committed bandwidth Carrier / Wholesale Point-to-Point Solutions Product Price - monthly recurring Non-Recurring price Description Point to Point - Carrier Wholesale 500Mbps $500 per month none A dedicated private connection between two locations only. 500 Mbps committed bandwidth Point to Point - Carrier Wholesale 1 Gbps $550 per month none A dedicated private connection between two locations only. 1 Gbps committed bandwidth Point to Point - Carrier Wholesale 5 Gbps $1,050 per month none A dedicated private connection between two locations only. 5 Gbps committed bandwidth Point to Point - Carrier Wholesale 10 Gbps $1,200 per month none A dedicated private connection between two locations only. 10 Gbps committed bandwidth 1 CITY OF WATERLOO, IOWA RIGHT-OF-WAY LICENSE AGREEMENT WITH WATERLOO FIBER THIS AGREEMENT is made on this _____ day of ___________, 2026, by and between the City of Waterloo, Iowa ("City") and Waterloo Municipal Telecommunications Utility, d/b/a Waterloo Fiber (“Utility”). WHEREAS, City at its expense installed, owns, and operates in the right-of-way a system of conduit suitable for use by Utility for a Fiber to the Premises Network; and WHEREAS, Utility intends to place cables, fiber, and other facilities in the conduit system for purposes of serving telecommunications customers in the City; NOW THEREFORE: In consideration of the mutual covenants contained in this Agreement, the sufficiency of which is acknowledged, the parties agree as follows: SECTION 1. IDENTITY OF THE PARTIES; DEFINITIONS A. The City is a municipality and political subdivision of the State of Iowa incorporated in accordance with the relevant provisions of Iowa law. B. Utility is a city utility and a political subdivision of the State of Iowa, established and governed in accordance with Iowa Code chapter 388, that constructs and operates fiber-to-the- premises networks (FTTP Networks) for the purpose of delivering communications services to its customers. C. "Public Improvements" shall mean any improvements on Public Property, including, but not limited to, paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto. D. "Public Property" shall mean City-owned property or City-controlled public rights-of-way, and easements and bridges. SECTION 2. BASIC GRANT OF LICENSE; FEES AND PAYMENT; RESERVATION OF RIGHTS A. Utility is hereby granted a non-exclusive license for the sole purpose of the installation, operation, modification, maintenance and repair of a FTTP Network system along, under and upon the streets, avenues, alleys and public places in the City, including within City-owned conduit, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. This authorization is not a lease or an easement, and is not intended and shall not be construed to transfer any real property interest in City property. The Public Property, including the conduit facilities and public rights-of-way occupied by Utility and the total estimated amount of conduit facilities in linear feet, are described in Exhibit A attached to this Agreement. 2 B. Utility shall pay an annual management cost fee for use of the conduit as an express condition of this Agreement. The initial fee shall be $3.00 per linear foot of FTTP Network facilities installed in City-owned conduit by Utility. The initial fee shall apply from the effective date of this Agreement to June 30, 2027. On or before June 30 of each year, the City shall determine the applicable costs for management of the right of way and the City-owned conduit and shall meet with Utility and discuss the amounts attributable to Utility during the next year for its share of the management costs. If the parties disagree on the amount of the annual management cost fee, the City may affirm and impose the fee, and the Utility may maintain its rights to arbitration under Iowa Code Section 480A.5. The annual management cost fee shall be due on or before July 1 of each year. Utility agrees that the initial fee through June 30, 2027 is a reasonable charge based on City’s costs in managing the right-of-way, including all costs of installing and maintaining the conduit facilities. C. The City reserves its rights to manage Public Property and the use of the right-of-way by Utility. If during the term of this Agreement, the City enacts a right-of-way ordinance, or passes another measure establishing or adjusting any fee or charge applicable to telecommunications providers, then Utility shall, within sixty (60) days after request by City, pay the fees required by such Ordinance, provided that all other telecommunication providers must be required to pay the same fees and such fees must comply with the provisions of Iowa Code chapter 480A. Nothing in this Agreement will be construed to waive or limit the Utility’s rights under Iowa law, including, without limitation, Iowa Code Chapter 480A. SECTION 3. INSTALLATION, REPAIR, EXTENSION, OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its FTTP Network, as described in Exhibit A, or any major repair work, or the installation of any new system within the City, Utility shall file with the City a written statement verifying the Public Property under which or upon which it proposes to extend, expand, install or repair its FTTP Network system. The City may require that the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with reference to streets and alleys, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground where it is proposed that a repair or installation is to occur. If the proposed locations of any facilities would interfere with the reasonable and proper use, construction, reconstruction and maintenance of any Public Improvements or any existing City- owned public utility system component, or other structure upon or under Public Property, the City shall promptly identify the interference and provide Utility an opportunity to amend the proposed locations of the facilities. Such map, plan or specifications, when properly changed and corrected and in an acceptable form, shall be filed with the City. Utility shall comply with all bonding and insurance requirements as set forth in this Agreement or in any applicable City Ordinances. All work shall conform to all applicable safety, construction, and technical specifications and codes and standards as well as all federal, state, county and city construction requirements. 3 Any aerial installations shall be mounted on existing poles through private agreement(s) with existing franchise or right-of-way agreement holders. Utility shall not be allowed to erect any additional poles in the City's right-of-way, unless pre-approved in writing by the City on an individual case basis. If it is reasonably determined by the City, pursuant to the Manual of Uniform Traffic Control Devices, that a pole, facility, or other equipment of the Utility is positioned in a location that could jeopardize the safety of citizens, drivers, or other utilities, the City may order the removal of the pole or equipment to a location that meets current safety standards. Such removal shall be at the sole cost of Utility. If applicable, any underground cables and facilities shall be installed using directional boring technology except where open excavations are necessary for beginning or terminating a directional bore, unless pre-approved by the City on an individual case basis. Cables shall be placed so as not to interfere with any existing utilities or facilities owned by the City or any other company or utility legally authorized to own utilities or facilities located with the City's right-of-way. Utility shall not access City-owned conduit, vaults, handholes, cabinets, or other fiber optic infrastructure until it obtains prior written approval from the City, except in the event of an emergency. If emergency work is performed in such City-owned facilities, Utility shall promptly notify City of such work. All work shall be coordinated with the City and performed in accordance with applicable City standards and safety requirements. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any FTTP Network system component, the excavation or obstruction made or placed in Public Property at any time or for any purpose by Utility shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual of Uniform Traffic Control Devices. All pavements taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations. As a condition to use of Public Property, including City-owned conduit, Utility shall at its own expense, repair or cause repair to any private property, public utility system component, Public Improvement or Public Property damaged by such location, construction, reconstruction, replacement or repair work by Utility. If Utility fails to repair or arrange with the City for property repair of any Public Property after excavations have been made, then, upon prior written notice of at least two (2) business days, the City may make such repairs at the expense of Utility. All repairs made by the City at Utility’s expense shall be separately invoiced to Utility and payment for reasonable expenses shall be made within thirty (30) days of receipt. SECTION 5. WORK BY OTHERS; ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, 4 manholes and other appurtenances, and to do, or permit to be done, any underground, surface and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by Utility, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to Utility for any damages arising out of the performance of such work by other parties, unless caused by the gross negligence of the City. Before authorizing any third-party work that may affect Utility’s facilities, the City shall use reasonable efforts to notify Utility at least fifteen (15) days in advance. When installing, operating, modifying, maintaining, or repairing its FTTP Network system along, under and upon the streets, avenues, alleys and public places in the City, including within City-owned conduit, Utility shall make commercially reasonable efforts to protect the facilities of the City and those of third parties. If Utility damages any facilities of another utility or a third party, Utility shall restore those facilities at its expense. The City shall include in all similar agreements with other utilities or third parties a provision substantially similar to the above provision of this section 5 requiring those Utilities and third parties to protect Utility’s facilities to the same extent as Utility is required to protect their facilities and, if any Utility facilities are damaged, to restore those facilities at the third party’s expense. Nothing in this Agreement shall be construed as to relieve any other person or corporation from liability for damage to Utility’s facilities. SECTION 6. UTILITY CONTRACTORS The requirements of the Agreement shall apply to all persons, firms, or corporations performing work for Utility under a contract, subcontract or other type of work order. Utility agrees to ensure that all contractors and subcontractors adhere to the requirements of this Agreement. SECTION 7. CONDITIONS OF STREET OCCUPANCY The FTTP Network system and other components of the facilities erected by Utility within the City shall conform to established grade of streets, alleys, and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon Public Property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. Utility shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by reasonable scheduling directions, if any, given by the City. Utility shall upon at least ninety (90) days’ prior written notice from the City and at its sole cost and expense, promptly remove, locate and relocate its facilities in, on, over or under Public 5 Property in such manner as the City may at any time reasonably require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any Public Improvement on, in, or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event Utility fails to act within a reasonable amount of time, the City may cause Utility facilities to be relocated, and the reasonable costs thereof shall be invoiced directly to Utility. Utility shall not place its facilities in the Public Property where the same will unreasonably interfere with the normal use or maintenance of any Public Improvement including but not limited to streets, alleys, sidewalks, traffic control devices, gas mains, sanitary sewers, storm sewers, storm drains or water mains, or electrical transmission lines, or any public or private utility facility. Upon request, Utility agrees to assist in locating underground facilities which are part of its FTTP Network system. Such assistance will be provided in a timely manner in accordance with Iowa Code Chapter 480. Utility will provide contact numbers to the City so that a representative of Utility is available at all times. As a condition of this Agreement, and if not already done, Utility shall enroll as a member of the "Iowa One-Call System'' and shall respond to all requests and notifications placed to the toll free “One-Call" number. SECTION 8. POWERS OF CITY Nothing in this Agreement shall be construed to abridge the right or power of the City to adopt further regulations, including fees, relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems. SECTION 9. PLANS AND COORDINATION Upon completion of the work, Utility shall promptly furnish to the City copies of "as-built" plans related to its facilities located on Public Property. Utility shall keep complete and accurate maps and records on the locations and operations of its facilities in connection with the Agreement and shall be responsible for the maintenance of such facilities and the protection and visibility of such facilities. SECTION 10. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a breach of this Agreement or a violation of any applicable codes or ordinances lawfully regulating Utility in the operation of its facilities, or in the use of Public Property therefore, is occurring, or has occurred, (hereafter referred to as a "default") the City may cause an investigation to be made. If the City finds that a default exists or that a violation has occurred, the City may take appropriate steps to secure compliance with the terms of this Agreement or the code or ordinances. The City shall notify Utility of the default or violation and Utility shall cure such default or violation within a reasonable time after receipt of such notice. 6 If Utility fails to cure a default within the time allowed, the City shall have the right to: (i) seek specific performance; or (ii) remedy the default by doing the act itself or through a contractor, and charge the costs of such work to Utility; or (iii) seek damages for such default; or (iv) any combination of (i), (ii), and (iii). The City may terminate this Agreement for repeated defaults or material violations. SECTION 11. LIABILITY, INDEMNIFICATION AND INSURANCE Except to the extent caused by the negligence or willful misconduct of the City, its officers, agents, representatives and employees, Utility covenants to indemnify, defend, and save the City and its officers, agents and employees, harmless from any and all liability claims, losses, costs of investigation and defense, and damage to property or bodily injury or death to any person, which may arise out of or be caused by the erection, construction, replacement, removal, maintenance, or operation of Utility’s FTTP Network system. Except to the extent caused by the negligence or willful misconduct of Utility, its officers, agents, representatives and employees, the City covenants to indemnify, defend, and save Utility and its officers, agents and employees, harmless from any and all liability claims, losses, costs of investigation and defense, and damage to property or bodily injury or death to any person, which may arise out of or be caused by the negligence or willful misconduct of the City, its officers, agents, representatives or employees. Utility agrees to require contractors and subcontractors engaged in work for Utility within the public rights-of-way or on any Public Property to maintain in effect during the term of work, liability insurance in comprehensive form and in the amounts to be set as the City and Utility mutually agree. Utility contractors and subcontractors will furnish the City with Certificates of Insurance showing the City as an additional insured for said insurance in the amount to be set as the City and Utility mutually agree. City will notify Utility or its contractors or subcontractors of such mutually agreed amount. SECTION 12. ASSIGNMENT Neither party shall assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party, except either party shall have the right to assign, convey or otherwise transfer its rights, title, interest and obligations under this Agreement, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party. SECTION 13. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall 7 be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: City of Waterloo City Engineer 715 Mulberry St. Waterloo, IA 50703 If to Utility: Waterloo Fiber General Manager 402 East 4th Street Waterloo, IA 50703 Provided, however, that in the case of an emergency, notices may be given verbally to the above- named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on date of mailing in lieu of certified mail, or otherwise on the date actual notice is received. SECTION 14. SEVERABILITY The provisions of this Agreement are severable, and if any provision of this Agreement is found invalid, unenforceable, unconstitutional. or inapplicable by a court or agency of competent jurisdiction, such invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Agreement. SECTION 15. TERM OF AGREEMENT This Agreement shall be for an initial term of ten (10) years and may be renewed for two (2) additional ten (10) year terms (each such term a "Renewal Term") unless written notice is given by either the City or Utility to the other at least one hundred eighty (180) days prior to the expiration of the initial term or any Renewal Term of that party’s intention to terminate the Agreement at the expiration of the then current term. Each Renewal Term shall be on the same terms and conditions set forth herein unless the parties agree otherwise. [SIGNATURES ON FOLLOWING PAGE] 8 CITY OF WATERLOO, IOWA By _______________________________ Mayor WATERLOO MUNICIPAL TELECOMMUNICATIONS UTILITY, D/B/A WATERLOO FIBER By: _______________________________ Board Chair Attest: __________________________________ City Clerk Witness: __________________________________ Title: 4905-3947-1057-1\11310-000 Exhibit A Downtown Conduit: