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City Council Agenda Packet 02-09-2009 SpecialCITY COUNCIL -FIBER OPTICS WORKSHOP February 9, 2009 -,~ ~~ d~s~~~ -i~ Shy A) Legal Update -Status of Lawsuit -CLOSED SESSION Separate agenda to be reviewed at Closed Session B) FiberNet Project (includes Backbone/Fiber loop project) -OPEN SESSION 1) HBC Leadership/Staffing 2) Construction a. Status of fiber backbone project (loop -data only) Review Backbone route and service area options Establishment and prioritization of customer list Plan for installation of drops and and related equipment b. Status of head end building project Installation of ATS switch and stabilize building Completion of construction (floors, windows, etc) Installation of Electronics Furnishings Completion of mechanical, fire suppression, etc c. Activities relating to provision of triple play services. Carrier contract (for data): Digital TV service: Franchise agreement needed eventually NCTC membership Programming/packages/content line-up Local (city channel); programming; expectations Telephone service: CLEC application in process 3) Operations a. Staffing General Manager & technician -Employed by HBC -contracted to Monticello by agreement City staff support -front desk and phones Customer Service Representative -direct FiberNet employee - to be trained by HBC b. Office space GM -West Prairie room (interim basis) Technician -head end building c. Marketing and sales Led by General Manager Sales calls start appr Feb 15 (i.e. "lunch & learn") Refine marketing plan and timeline Establish advertising schedule FiberNet newsletter -next issue in late Feb d. Service levels and pricing City will pay FiberNet for Internet service when operational 4) Finance Business model for fiber backbone Updated financial analysis (construction, legal, general) 2009 budget for FiberNet (interim needs until bond money released) • c) Other items. 1) Consideration of adoption of interim management agreement - HBC/City of Monticello 2) Consideration of formal authorization to seek Government Stimulas Funding for Fiber Project 3) Start-up of Advisory Committee already established by ordinance -- Discuss ,~ d,IC.uS1cR o~ul~ry ~ ~~k CITY OF MONTICELLO FIBER TO THE PREMISES PROJECT SUMMARY REPORT FOR ECONOMIC STIMULUS FUNDING February 5, 2009 Contact Person Jeff O'Neill City Administrator City of Monticello MN Direct: 763.271.3215 Cell: 612.840.3028 Email: jeff.oneill@ci.monticello.mn.us 1 Monticello, MN Fiber-to-the-Premises Project The following document describes the Fiber to the Premise ("FTTP") system being built in Monticello, MN. This document summarizes the effort to date for building a fiber system within the City boundaries of Monticello as well as a second phase of building the system to nearby homes in the Township that are also a part of the Monticello community of interest. The Monticello fiber system is `shovel ready' and this project can be completed in 2009. Much of the system has been engineered and the remaining engineering can be done ahead of construction crews. The City has already built some key components of the network including a new central office building to house the electronic equipment as well as several miles of key fiber that connect City buildings and key business districts within the City. The City has also entered into a public /private partnership with Hiawatha Broadband Communications, Inc. to manage and operate the completed fiber system and business. The project will generate 151 man years of new jobs in 2009 for construction and will additionally create 13 permanent new jobs over three years. The project requires $22.8 M in funds to complete Phase I of the project and $4.7 M to complete Phase II, for a total funding of $27.5 M. History of the FTTP Project The original interest in fiber stemmed from acitizen/business group effort to develop ideas and programs that would enhance the potential for quality job creation in Monticello. After an unsuccessful attempt to get the local telecommunication providers interested in developing a city-wide fiber optic development plan, the citizen's group eventually prompted the City Council to formally investigate the idea. In May 2005 the City Council established a task force ("Task Force") for further investigation into a FTTP network with the stipulation that such a project would not be funded by a tax levy. The Task Force consisted of city staff, community representatives, aCity Council member, and a representative of Dain International, as lead consultant. The Task Force issued a Request for Proposal (RFP) for a broadband feasibility study in December 2005, with responses due in February of 2006. After interviews were completed, the Task Force selected CCG Consulting LLC, Beltsville, Maryland ("CCG"), Dain International Services, St. Paul, Minnesota ("Dain International"), and Springsted Incorporated, St. Paul, Minnesota ("Springsted") to perform the broadband feasibility study, which included a resident survey, development of a business model, an analysis of operating models, legal issues, and financing options. The City first examined the cost of building a fiber network in the Broadband Feasibility Study, dated September 18, 2006, prepared by CCG, along with Dain International, and Springsted. Additionally, in 2007, the City hired CCG along with U-reka Broadband, Stillwater, Minnesota, to perform more in-depth engineering study to better estimate the cost of constructing the network. This second engineering study is summarized in aPre-Engineering Report dated March 31, 2007. 2 Following several months of research and in depth work with the Task Force, conclusions showed that it would feasible for the City to undertake the FTTP Project if the network were owned and operated by the City. To further prove out the conclusions reached through the feasibility study, the Task Force conducted a second survey by telephone. The City Council received the feasibility study and approved moving forward with the FTTP Project at the City Council meeting on September 25, 2006. In May 2007, the Task Force was dissolved and a City Fiber Optics Committee began its mission of identifying all the components needed to construct, own, and operate the FTTP Project. In September 2007 aCity-wide referendum was held, seeking voter response to the proposal to construct a voice switch that would provide telephone service over the City-wide fiber optic network. Over 74% of the voters voted in favor of the referendum ballot question. Since the referendum, the Fiber Optics Committee has developed a detailed financing plan and business model; selected a business name (FiberNet Monticello) and logo; released an RFP for FTTP engineering design; hired Spectrum Engineering Corporation of Auburn, Indiana ("Spectrum"), for design and inspection services and completing the initial phase of the design; initiated some of the regulatory filings; approved the governance ordinance to establish a telecommunications entity and create an advisory board; approved a management services contract for operation of the business; developed a marketing plan and maintained communication with City residents through mailings, a-mail, and a website; and selected a site for the headend central office building to house telecommunications equipment. As the City was in the process of selling the bonds to finance the project, without warning and over seven months after the referendum, the City was served with a lawsuit from TDS, the incumbent telephone provider in the City on May 21, 2008 challenging the ability of the City to use revenue bonds to finance the fiber project. The City proceeded to close the bond issue and the bond funds were placed into escrow awaiting the outcome of the lawsuit. On October 10, 2008 the City won the lawsuit on all issues. TDS has subsequently filed an appeal and the appeal has yet to be heard. As part of the initial lawsuit the courts awarded the City the ability to collect damages up to $2.SM from TDS as a result of delays caused by the suit. The City always felt confident that it would win the lawsuit, so in the fall of 2008 the City Council voted to proceed with construction of some of the key elements of the new fiber network in order to shorten the time it would take to get into business at the end of the lawsuit. To that end, the City has already constructed a central office building as well as several key miles of fiber backbone. The City is in the process of awarding contracts for the fiber electronics and other electronics needed to offer data services. The City plans to begin testing data services for the City in April 2009 and to then sell data services to business customers neax to the fiber backbone. The FTTP Project Phase I of the FTTP Project will consist of a FTTP network built on every street of the City. The City has also always planned a phase II of the project to expand the fiber network to populated portions of townships adjoining Monticello. The phase II construction would build to homes very 3 near to the City that are part of Monticello in terms of the school system, shopping and local identity. It is anticipated that the network will be nearly all buried underground except for the possibility of a small part of the network near a few existing apartment complexes and mobile home parks. One of the river crossings to get to nearby rural subdivisions is also aerial. The network will consist of a backbone fiber network built to every street in the Service Area along with fiber drops (at no charge to the user) to any homes or businesses that subscribe to services on the network. Since the majority of the fiber for the FTTP Project will be buried it will provide a reliable network free from weather concerns and insulated from most acts of God. To the extent practical, the fiber drops will be placed into conduit to shield them. The City anticipates that the installed cost of the network and associated assets to be approximately $22.8 million, including the video headend, voice switch, fiber optic connections to premises, and optical hardware. The City has already spent $2.6M on a head-end building, the backbone fiber and start-up costs, leaving $20.2M in additional capital to complete the project. Capital costs of Phase I of the FTTP Project are anticipated to be: Still Asset Spent to Date Needed Total Fiber Backbone $1,020,005 $ 7,153,995 $ 8,174,000 Capitalized Drops to Premise $ 1,975,446 $ 1,975,446 Network Electronics $ 1,100,000 $ 1,100,000 Customer Premises Electronics $ 1,939;309 $ 1,939,309 Settop Boxes $ 723,667 $ 723,667 Digital TV Headend $ 2,020,000 $ 2,020,000 Building $ 869,554 $ 50,000 $ 919,554 Voice Switch $ 800,000 $ 800,000 Internet Equipment $ 426,500 $ 426,500 Inventory $ 600,000 $ 600,000 Start-up Costs $ 682,000 $ 1,320,191 $ 2,002,191 Construction Contingency $ 2,126,216 $ 2,126,216 Total $2,571,559 $20,235,324 $22,806,883 Note that the original bond borrowing for the project was for $26.4M. However, bonds included financing costs, capitalized interest and other uses of funds that are not reflected in these numbers. FTTP Project Equipment Description Fiber Backbone and Capitalized Fiber Drops The fiber network will include installing fiber on every street within the Service Area. Additionally, for each new communications customer, a fiber drop will be constructed from the main fiber network at the street to the residence or business. 4 Network and Customer Premise Electronics The FTTP Project's electronics will consist of the base network electronics and the electronics at each customer location. The base network electronics are the devices that encode packet signals onto the fiber system and deliver high-speed data, video and voice services throughout the fiber network. The electronics at the customer premise will consist of Optical Network Terminal ("ONT"), which converts the signal from the network to provide telephone service, cable TV service, and high-speed Internet access. Digital TV Electronics and Equipment The digital TV electronics consists of numerous devices needed to receive and disseminate TV signals. It will include the dishes required to receive signals from the satellites, a tower used to hold the antennas to receive over-the-air channels such as local network stations, and the electronics used to decode cable TV signals and reformat the signal to be used by the network equipment. Digital TV equipment also will include customer set-top boxes for customers who subscribe to digital TV service. Buildin A new building has been constructed to house the digital TV headend, the voice switch, the data equipment, and the core network electronics. This building is normally referred to in the industry as the hub or headend building. Voice Switch The voice switch will provide carrier-grade, traditional voice services to business and residential customers. Services will include local dial tone, local calling features such as caller ID and call waiting, as well as provide access to long distance services. The switch will also support state-of- the-art Voice over Internet Protocol ("VoIP") telephone sets and services. This system will meet `911' emergency standards. Internet Equipment and Other Assets Other equipment includes a hub for providing Internet and data services to customers, vehicles, computers, tools and work equipment. The City will maintain an inventory that will include fiber, spare parts to back up all electronics systems and customer electronics, and set-top boxes. FTTP Project Operation and Management The City has entered into a public / private partnership with Hiawatha Broadband Communications, Inc. ("HBC") to operate and mange the fiber business and network. The City has executed athree-year management agreement whereby HBC will operate and manage the system on a day-to-day basis. The City will rely upon HBC's experience of launching and operating a number of similar ventures elsewhere in the region. HBC will employ the general manager for the FTTP Project and the City will hire all other staff positions which will be City employees. HBC will also supply significant operational support for the FTTP Project in addition to managing the system, including technical support, customer help desk, billing, and general management support. 5 The City will provide accounting services for the system as well as overall management and policy for the system. FiberNet Monticello will be an enterprise fund of the City and thus will be accounted for and audited annually as part of the City audit. A governance ordinance establishing a telecommunication public service enterprise known as FiberNet Monticello was approved by the City Council on April 14, 2008. The ordinance creates an advisory board ("Advisory Board") and defines the roles of the Advisory Board, the general manager, and the City Council in terms of governance of the system. The Advisory Board will consist of five voting members: the mayor, a council member, and three community members. The City Fiber Optics Committee is in the process of establishing the selection process for the community representatives on the Advisory Board. The City Administrator and the general manager of FiberNet Monticello will be non-voting members of the Advisory Board. The general manager from HBC will be responsible for supervising all employees of FiberNet Monticello, creating an annual budget for expenses and capital and operating within the approved budget, creating and maintaining customer service quality standards, maintaining good operating quality on the FTTP network, keeping the network operational and up-to-date with technology, selling products to customers, maintaining regulatory compliance with State and federal regulatory agencies, creating and maintaining competitively priced triple-play services, and informing the City Council and City departments about the financial, operational, and technical performance of the FTTP Project. Network security will be provided by multiple methods. Integrity of the FTTP system is maintained using complex encryption schemes making it extremely difficult to compromise the security of the overall system. Further, as an operating ISP, the City will provide routine security for customers by the use of establishing virtual private networks (VPNs) for each customer. Finally, each data customer on the network will be provided the normal security tools such as firewalls and virus checking. Physical security will be furnished at the hub building that will house all of the electronics. This building will be surrounded by chain-link fence and have a security key system and electronic card readers for access. HBC will provide 24-hour monitoring of the building and the entire network. Customer billing will be performed by HBC. Products and Services The FTTP Project will be used to provide the triple play services including digital television service, high speed Internet access, and voice service. High Speed Internet Access. The City will offer high speed Internet access to residential and business customers. This service will enable customers to access and use the Internet at significantly higher speeds than those available from the incumbent providers in the City. While specific products are still being developed, it is anticipated that the basic data service for residences will consist of a symmetrical 10 to 100 Mbps Internet connection. The City's basic 6 Internet offering will minimally have download speeds 3 to 4 times faster than the incumbents and upload speeds 10 to 20 times faster than the incumbents. Customers will also have the option to purchase even faster speeds. With the FTTP network these speeds can be increased up to 200 Mbps at a nominal cost. Digital TV Service. The City has applied for membership into the National Cable Television Cooperative ("NCTC") to buy programming content. The majority of programming will be received from signals off of satellites from content provider through agreements negotiated with the NCTC or directly with programmers. The headend electronics will convert that programming into the appropriate signal and distribute it over the FTTP network throughout the Service Area. The headend incorporates all of the necessary software needed to operate the digital system including the programming, billing information, usage, advertising, music, channel guide, pay- per-view, DVRs, video-on-demand and all other functions required to operate astate-of--the-art system. The City will also broadcast local channels from network stations in the areas. The right to transmit local channels is guaranteed by the FCC but will require the negotiation of retransmission agreements with each network channel. The City will also have the ability to broadcast local school, civic and governmental events in real time or in a video-on-demand ("VOD") format. The video services offered will include the legally required tiers of service. The final channel lineup for each tier is not yet finalized. The basic tier will consist of approximately 20 channels. The expanded basic tier will include the 20 basic channels plus approximately 50 more analog. channels. The digital tier will include the 70 analog channels plus approximately 50 digital channels, plus the right for customers to purchase movies, pay-per-view and other advanced programming features. The City plans to carry all the normal premium movie channels such as HBO, CineMax, Showtime, STARZ and Encore. In addition, the City will offer pay-per-view programming as well as video-on-demand programming. Enhancements to digital service will include the availability of personal video recorders which will enable customers to record and save multiple programs on a hard drive without the use of videotapes. These services will be provided by the City through the use of customer premises-based set-top boxes. Voice Service. The City will provide a wide array of voice services using its own voice switch. The City plans to offer a full array of features at competitive prices. The City will also offer a plan to allow for unlimited long distance as well as sell long distance by the minute. Market Survey The City undertook two market surveys. In addition, the City held a referendum on acquiring and constructing the voice switch. The first market survey was done by CCG in August 2006 as part of the initial feasibility study. CCG surveyed 374 residents on a random basis. With 4,289 households at the time, this survey produced results with a 95% confidence level, plus or minus 5%. This is the same confidence 7 level sought by most business and political surveys. The complete survey and results are contained in the Broadband Feasibility Study dated September 18, 2006. The key results of this survey are: Residents were asked if they would choose the City as their communications provider: 84% said the City should get into the communications business. 64% said they would buy services from the City. 31% said they may buy services from the City. The City conducted a second survey in November 2006. This survey talked to 1,375 residences within the City limits and in the Township. Respondents were asked whether they would consider taking services for telephone, Internet, and cable TV if the City would provide those services at a lower price than currently offered by incumbent providers. Over 63% of households stated they would take such services from the City, almost the same results as the first survey. Finally, on September 18, 2007, the City conducted aCity-wide referendum. This referendum specifically asked: "Shall the City of Monticello be authorized to construct, purchase or proceed to acquire a telephone exchange?" Voters were asked to vote yes or no. Information to the voters stated on the ballot noted: "The City is planning to construct acity-wide fiber optic network to provide Internet, cable TV and telephone services. Construction, by the City, of a telephone exchange, which would provide telephone service over the city-wide fiber optic network, requires voter approval under Minnesota law. The proposed telephone exchange would be financed with revenue bonds which are to be paid back by revenues generated from those taking telephone service (as well as Internet and cable TV services) without a pledge of City taxes." Under Minnesota law, a municipality must receive approval from voters of at least 65% in order to own and operate a telephone exchange. 74% of the voters voted in favor of "the referendum question. There were 5,830 registered voters and 114 new voters registered that day. A total of 1,409 votes were cast with 1,055 in the affirmative. Phase I Job Creation Phase I of the fiber project will create permanent new jobs as well as a significant number of jobs during the construction period. Permanent Jobs The project will create an ongoing business in Monticello to sell and maintain customer broadband services. It is projected that the business will begin with seven new employees in 2009 as the business launches, growing to eleven new employees by 2012. The average salary for the new positions created is anticipated at over $40,000 per year. Immediate Construction Labor The project will also create a significant number of jobs during the construction of the network. This work can all be accomplished in 2009. New job creation during this time is estimated as follows: Engineering 1.0 man years Construction 97.2 man years Construction Inspection 4.8 man years Electronics Installation 1.0 man years Total 104.0 man years Where will the Funds be Spent? A project of this complexity will require the City to use a wide array of vendors. In some cases these vendors have already been chosen. In some instances, the City will need to issue a Request for Proposal ("RFP") in order to choose the vendors, a process required by state bid laws for municipalities. These RFPs can be done quickly and would not cause any delay in the construction process. Even where the City has not selected a vendor, the City knows the vendors who are likely to bid for the various components, as follows: Fiber Construction The City used MP NexLevel LLC of Maple Lake, MN to construct the initial fiber backbone. The City would issue a new RFP for new construction and would expect to get bids from: MP NexLevel LLC of Maple Lake, MN Grady Crawford Construction Company, Inc., Baton Rouge, LA MasTec-Twin Cities, Hugo, MN Michels Corporation, Brownsville, WI North Central Service Inc., Clearbrook, MN Spalj Construction, Deerwood, MN The construction contracts would require that the contractor supply the material, so the fiber and associated conduit and hardware could come from any number of different vendors depending upon which construction vendor wins the construction bid. Fiber En ing Bering Awarded to Spectrum Engineering of Auburn, Indiana. Construction Inspection Awarded to Spectrum Engineering of Auburn, Indiana 9 Overall Project Management Awarded to CCG Consulting of Beltsville, Maryland Digital TV Headend Will be awarded through the RFP bid process. Likely bidders include Motorola and Scientific Atlantic. Digital TV Engineering and Inte rag tion Will be awarded through the RFP bid process. Likely bidders include CCI, MegaHertz, and Falcon Communications. >~ital TV Satellites, Towers and Associated Equipment Will be awarded through the RFP bid process. Likely bidders include Rohn, American Tower, ADC, Rittal and Andrew Antennas. Digital TV Settop Boxes Will be awarded through the RFP bid process. Likely bidders include Motorola, Scientific Atlantic, Thompson and ADB. Voice Switch Will be awarded through the RFP bid process. Likely bidders include Taqua, Metaswitch and Nortel. Fiber-to-the-Premise Electronics The award for the initial fiber backbone deployment is Calix. There will an other RFP for the larger project. Likely bidders include Calix, Alcatel Lucent, Zhone and Enablence Technologies. Data Equipment The selected vendor is Cisco. Power Equipment Selected vendors include C&D Technologies and Sageon Power Systems. System Operation and Mana eg ment The system will be managed by Hiawatha Broadband Communications, Inc. Phase II -The Nearby Township The City has always intended to build out to the nearby homes that are also part of the Monticello community. These homes are just beyond the City boundaries and include the neighborhoods of Tyler East, Ponderosa, Prairie Acres, Buckshot Hollow and Bridgeview. The residences in these areas share the same school district, shop in the City and are a part of the Monticello community. Building to the Township would bring fiber past 741 homes and would entail 29 miles of fiber construction. 10 The Phase II portion of the project can also be completed in 2009. The construction cost of the Township area for Phase II is estimated as follows: Asset Needed Fiber Backbone $ 3,000,000 Capitalized Drops to Premise $ 350,000 Network Electronics $ 300,000 Customer Premises Electronics $ 300,000 Settop Boxes $ 110,000 Digital TV Headend $ Building $ Voice Switch $ 50,000 Internet Equipment $ Inventory $ 50,000 Construction Contingency $ 500,000 Total $ 4,660,000 Phase II Job Creation The Phase II of the project will create one additional permanent job in 2009 and a second by 2012. Phase II The project will also create a significant number of jobs during the construction of the network. New job creation during this time is estimated as follows: Engineering 0.5 man years Construction 35.6 man years Construction Inspection 2.0 man years Electronics Installation 0.5 man years Total 38.6 man years Summary of Job Creation This project will create a significant number of jobs during 2009. The following table summarizes the new job creation: 2009 2010 2011 2012 Phase I Construction 104 Phase I Operations 7 9 10 11 Phase II Construction 39 Phase II Operations 1 1 1 2 Total 151 10 11 13 11 ~` ~o ~au~~~ 1 ~5 ~~~w Council Meeting February 9, 2009 Consideration of adopting addendum to Management Services Agreement with Hiawatha Broadband Communications Inc of Winona, Minnesota. (JO, CS) A. Reference/Background City Council is asked to consider adopting the attached agreement that outlines terms associated with the management and operations of the Fiber Backbone Project associated with FiberNet Monticello. As was noted at the workshop prior to the meeting, City Staff has been working with Hiawatha Broadband Communications toward development of arrangements that will result in the expertise necessary to operate the system for the Fiber Backbone at a reasonable cost. This agreement has been negotiated by Milda Hedblom, Dain International Services, Inc., and Doug Dawson, CCG Inc, with input from Staff. This agreement, if approved, will be effective immediately. B. Alternatives 1. Motion in support of adoption of the addendum to the Management Services agreement with Hiawatha Broadband Communications. 2. Motion to deny support of adoption of the addendum to the Management Services agreement with Hiawatha Broadband Communications C. Recommendation City staff recommends Alternative 1. The terms of the agreement appear acceptable and reasonable to all involved in the negotiations. It is anticipated that expenses associated with the agreement will initially be paid from reserves and then from revenues derived from customers taking services. D. Supporting Data • Copy of addendum to the Management Services Agreement. AN ADDENDUM TO THE MONTICELLO /HBC 2008 AGREEMENT This document serves as an addendum to the agreement executed in 2008 by and between Hiawatha Broadband Communications, Inc., a corporation under the laws of the State of Minnesota, with offices at 58 Johnson Street, Winona, MN 55987 ("HBC"), and the City of Monticello, a municipal corporation and political subdivision under the laws of Minnesota, with offices at 505 Walnut Street, Monticello, MN 55362, acting through its communications enterprise known as FiberNet Monticello ("FiberNet"). Recitals A. HBC owns and operates a communications system providing video, voice and data services to customers in Winona, Minnesota and other communities. B. FiberNet Monticello intends to build and operate a fiber to the premise ("FTTP") communications system capable of delivering video, voice and data services to customers in Monticello, Minnesota (the "System"). C. FiberNet has taken the necessary steps to implement a fiber project known as "The Fiber Backbone Project" which will serve as the backbone of the System. D. The Fiber Backbone Project will sell data services to customers on or near the existing fiber backbone and the business activities of the Fiber Backbone Project will operate as an enterprise fund of the City under the enterprise name of FiberNet Monticello. E. The parties have agreed that HBC will provide certain services to the Fiber Backbone Project, as more particularly described herein and upon the terms and subject to the conditions stated herein. The parties therefore agree as follows; 1. The commencement date of this Addendum will be the date of its execution, and shall remain in force until otherwise determined by mutual agreement of the parties. 2. The Interim General Manager of the Fiber Backbone Project will be provided by HBC Communications, be an employee of HBC and based in or near the City of Monticello. Mr. Don Patten has been identified as the Interim General Manager. 3. The services of the Interim General Manager under the terms of this Addendum will be billed to the City at the rate of $55 per hour for necessary project activity with a minimum commitment of 20 hours per week. 4. The Technician will be provided by HBC Communications, be an employee of HBC and based in or near the City of Monticello. 5. The services of the Technician under the terms of this Addendum will be billed to the City at the rate of $25.00 per hour and hours will be billed as used. HBC will use the Technician for other projects when he is not engaged with Monticello. 6. Interim General Manager Responsibilities will include the following: a. Operational control of the Fiber Backbone Project. b. Direct sales and marketing including coordination with City Administrator and Staff in support of marketing and customer service efforts. c. Supervise the technician. d. Responsible for first call customer service needs. e. Coordinate with engineering staff on construction, installation and maintenance of Fiber Backbone Project equipment and facilities. £ Responsible for working with City Administrator to developing and operating within budget. 7. Technician responsibilities will include the following: a. Participate in sales meetings as needed. b. Install new customers. c. Respond to customer troubles /questions. d. Operate the data equipment at the headend. e. Provide back up to Interim General Manager to answer customer calls. 8. HBC responsibilities will include the following: a. Bill customers. b. Provide data help desk assistance. c. Provide engineering and other technical backup to assist Technician as needed. d. Provide training for General Management and Technician. e. Provide accounting records and invoice to City with enough detail for City to maintain books for the Fiber Backbone Project. 9. Monticello responsibilities will include the following: a. Keep books for the business. b. Provide timely coordination and advice for HBC as requested. c. Provide working space for the Interim General Manager and Technician. d. Pay HBC bills for service according to terms of the primary agreement. e. City will subscribe to services on Fiber Loop as if they were another business customer. f. Provide customer support to telephone and walk-in traffic. g. Provide marketing plan and support. In Witness Whereof, the parties have entered into this agreement, effective this day of 2009. HIAWATHA BROADBAND COMMUNICATIONS, INC. 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