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File #: 0714-23    Version: 1 Name: Commonwealth of KY Indefeasible Right of Use Agreement
Type: Resolution Status: Approved
File created: 6/29/2023 In control: Urban County Council
On agenda: 7/13/2023 Final action: 7/13/2023
Enactment date: 7/13/2023 Enactment #: R-412-2023
Title: A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a twenty-eight year Indefeasible Right of Use Agreement with the Commonwealth of Ky. for approximately twenty-seven miles of a one hundred forty-four count bundle of fiber within the Urban County, at a one-time cost not to exceed $63,588 and an annual cost not to exceed an additional $20,000 in maintenance costs; and authorizing the Chief Information Officer to execute future Change Orders pursuant to Section 4.3 of the Indefeasible Right of Use Agreement; all contingent upon passage of a simultaneous Resolution authorizing and directing the Mayor to execute a Fiber Lease Agreement with the University of Ky. [Dept. of Information Technology, Rodgers]
Attachments: 1. Commonwealth of KY IRU Agreement Legistar Memorandum, 2. Commonweatlh of KY-LFUCG IRU Dark Fiber Agreement, 3. Commonweatlh of KY-LFUCG IRU Dark Fiber Agreement Exhibit A, 4. Commonweatlh of KY-LFUCG IRU Dark Fiber Agreement Exhibit B, 5. Commonweatlh of KY-LFUCG IRU Dark Fiber Agreement Exhibit C, 6. 00786001.pdf, 7. R-412-2023
Title
A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a twenty-eight year Indefeasible Right of Use Agreement with the Commonwealth of Ky. for approximately twenty-seven miles of a one hundred forty-four count bundle of fiber within the Urban County, at a one-time cost not to exceed $63,588 and an annual cost not to exceed an additional $20,000 in maintenance costs; and authorizing the Chief Information Officer to execute future Change Orders pursuant to Section 4.3 of the Indefeasible Right of Use Agreement; all contingent upon passage of a simultaneous Resolution authorizing and directing the Mayor to execute a Fiber Lease Agreement with the University of Ky. [Dept. of Information Technology, Rodgers]

Summary
Authorization to execute a 28-year Indefeasible Right of Use Agreement with the Commonwealth of Kentucky for approximately 27 miles of the 144 ct. bundle of dark Corning Dielectric Fiber within the urban county, at a cost not to exceed $63,588.00, paid by the University of Kentucky and to authorize the Chief Information Officer to execute future Change Orders pursuant to Section 4.3 of the IRU. Annual maintenance fees shall not exceed $20,000.00, less the portion of maintenance paid by UK, and will not be due until access points are installed for LFUCG. Costs for the engineering, installation and testing of access points will be quoted upon request of each access point at a cost not to exceed $20,000. Funds are Budgeted. (L0714-23) (Rodgers)
Budgetary Implications: Yes
Advance Document Review:
Law: Yes: Completed by [Evan Thompson, June 28, 2023]
Risk Management: No
Fully Budgeted: Yes
Account Number: 1101-202505-0001-76101
This Fiscal Year Impact: $63,588
Annual Impact: $ no more than $20,000 annually upon installation of access points.
Project:
Activity:
Budget Reference:
Current Balance: $504,439
Body
WHEREAS, the Commonwealth of Kentucky and the Lexington-Fayette Urban County Government ar...

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