HomeMy WebLinkAboutFiber Optic Maintenace AgreementDocusign Envelope ID: A9EOE23D-55CC-49E6-A595-FEA3EO5C17B1
FIBER OPTIC MAINTENANCE AGREEMENT
This Agreement is entered into this V day of January, 2026, by and between Winnebago County (hereinafter referred to
as "WC") and City of Oshkosh (hereinafter referred to as "Oshkosh").
WHEREAS, WC has agreed to allow the above -named municipal entity to collocate fiber optic cable upon routes owned
or leased by WC; and
WHEREAS, the parties recognize a need to enter into the following agreement so as to document the respective
responsibilities of each party in relationship to the maintenance of the collocated fiber optic cable;
NOW, THEREFORE, it is hereby agreed by and between WC and Oshkosh as follows:
1. Fiber routes which are jointly occupied by WC and Oshkosh as known at the time of the execution of this
agreement, are as indicated in Exhibit 1 attached to this agreement and made part thereof by reference. Said
Exhibit may be amended from time to time upon the written agreement of the administrators or their
successors to this agreement, which are as indicated in the signature section below, to reflect additions,
modifications, or deletions.
2. Should a utility pole owner charge WC a pole attachment rental fee along a joint route, a portion of that fee
shall be billed to Oshkosh on an annual basis. The rental fee shall be divided equally among any other municipal
entities utilizing that pole. Invoices shall be paid within 30 days of the date of the invoice. Failure to pay
invoices in a timely manner may result in disconnection.
3. Maintenance costs.
a. Individually owned fiber strands: Each party shall be solely responsible for any damage to strands of
which they own, with the exception of joint pole attachment rental fees, and the maintenance of
strands along joint routes.
b. Jointly owned fiber strands: The cost of joint fiber strand maintenance shall be split proportionately
between the municipal entities affected. Maintenance of joint fiber strands shall include, but not be
limited to, preventative maintenance, repair, outside construction, storm damage, and any other factor
that affects the operability, functionality, or reliability.
i. Costs may include, but shall not be limited to, actual construction and installation fees, testing,
repair, and insurance.
c. Capital projects: For proactive replacement of fiber due to age and performance issues every effort will
be made to communicate future project information and coordinate with varying capital budget
timelines.
4. The parties agree to coordinate maintenance and repair plans whenever feasible. In the case of an emergency,
each party shall notify the other party as soon as possible.
5. This agreement shall be in effect until such time as one party provides written notice to the other party of their
intent to terminate. This agreement may not be terminated less than one year from the date of said notice
unless otherwise agreed upon in writing between the parties.
6. Each party agrees to hold the other party harmless from any consequential damages as a result of the failure of
the fiber optic cable, which is the subject of this agreement, to operate properly. Each party agrees to, at all
times during the term of this agreement, indemnify, save harmless and defend each party, its boards,
commissions, agencies, officers, employees and representatives against any and all liability, losses, damages,
costs or expenses, whether personal injury or property damage, that any party, its officers, employees, agencies,
boards, commissions and representatives may sustain, incur or be required to pay by reason of any party
February 17, 2026 1
Docusign Envelope ID: A9EOE23D-55CC-49E6-A595-FEA3EO5C17B1
furnishing the services or goods required to be provided under this agreement, provided, however, that the
provisions of this section shall not apply to liabilities, losses, charges, costs, or expenses caused by or resulting
from the acts or omissions of any party, its agencies, boards, commissions, officers, employees or
representatives.
7. Along shared routes which are registered to Winnebago County, if either WC or the utility pole owner deems,
within its discretion, that the manner in which cable is attached does not meet WC or utility engineering
requirements, the violating owner shall be required to come into compliance with any engineering
recommendations. The costs of doing so shall be borne solely by the party creating the violation.
8. The parties to this agreement will use their best efforts and good faith to resolve any disputes that may arise
during the term of this agreement. In the event that the parties are ultimately unable to resolve such disputes,
the venue for any civil actions shall be the Circuit Courts of Winnebago County.
9. Parties agree that all charges in relationship to Digger's Hotline along shared routes shall be paid by the primary
owner of said location.
10. This document contains the full agreement of the parties and shall not be amended except in the same manner
as this instrument. The persons signing this agreement represent that each person has full authority to consent
to this document and bind his/her respective municipality to these terms.
IN WITNESS WHEREOF, this agreement has been executed by an authorized agent of signing party with said agent having
full right and authority to enter into this agreement.
Winnebago County
Agreement Administrator:
Jennifer ku, tten
(Print name)
Signature:
SI#M.7 by;
Title:
birector'af Information Technolay_
2/18 2026
Date:
County Executive: Gordon Hintz
(Print name)
sig�nuu'ey_:
Signature:
IL
Date:
County Clerk:
(Print name)
Signatures
Date:
Julie Barthels .... ,
Municipal entity
Agreement Administrator: Anthony L. Neumann
(Print name)
Signature:
Title: Manager, InformationTechnology
Date: P��®-.Z �•Z �p
City Manager: Rebecca N. Grill
(Print name)
Signature: 1
Date:
City Clerk: Darla Salinas
(Print name)
0
Signature:
Date: 121Q2.0
February 17, 2026 2