PLACEMENT: Consent
TITLE:
title
FIBER OPTIC (DARK FIBER) LICENSE USE AGREEMENT
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EXECUTIVE SUMMARY:
executive summary
This is a request for the Board to approve the Fiber Optic (Dark Fiber) License Use Agreement between Martin County and Cleveland Clinic Florida d/b/a Martin Memorial Health Systems, Inc. (“Cleveland Clinic Martin Health”). The Agreement provides Cleveland Clinic Martin Health with the use of two dark fiber strands within the County’s community broadband network and expands the fiber routes serving its facilities. The County will own and maintain the fiber infrastructure, and Cleveland Clinic Martin Health will pay an annual license fee based on the contracted fiber mileage.
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DEPARTMENT: Information Technology Services
PREPARED BY: Name: Michelle Morgan
Title: Business Coordinator
REQUESTED BY: Russell Norvell, Telecommunications Manager
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Agreement/Contract drafted by: This Agreement was drafted by Information Technology Services and the County Attorney’s Office.
2. Parties to the Agreement/Contract: This is an Agreement between Martin County and Cleveland Clinic, d/b/a Martin Memorial Health Systems, Inc.
3. Purpose of the Agreement/Contract: The purpose of the Agreement is to license two dark fiber optic strands within Martin County’s fiber network to provide connectivity between designated Cleveland Clinic facilities and establish installation, maintenance, and network service responsibilities.
4. New/Renewal/Modified: New
5. Duration: The Initial Agreement term is five (5) years beginning October 26, 2026. Beginning October 1, 2031, the Agreement is automatically renewed for a five (5) year term, with two (2) optional successive renewal periods of five (5) years each, thereafter, for a potential aggregate term of twenty (20) years.
6. Benefits to Martin County: The Agreement generates recurring cost recovery for the County to cover its expenses while leveraging existing fiber infrastructure and supporting Cleveland Clinic Martin Health connectivity.
7. Cost to Martin County (annual and potential total): There is no direct cost to the County.
This Agreement updates and supersedes prior agreements dating back to 2012 to expand fiber access for Cleveland Clinic Martin Health and to clarify the Parties’ respective responsibilities for maintenance, security, connectivity, and service delivery. The strategic goal is to support reliable and resilient network operations and connectivity for Cleveland Clinic Martin Health facilities through the County’s community broadband network.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the Fiber Optic (Dark Fiber) License Use Agreement between Martin County and Cleveland Clinic Florida d/b/a Martin Memorial Health Systems, Inc., and authorize the Chair or designee to execute the Agreement, as well as any related agreements or documents upon review and concurrence of the County Attorney’s Office.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff to pursue alternative arrangements for providing the fiber connectivity.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other: