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Eugene Downtown Fiber Project Joint Agreement <br />Between and Among <br />The City of Eugene, <br />The Eugene Water and Electric Board, <br />The Lane Council of Governments <br />RECITALS <br />A.ORS 190.010 provides that units of local government may enter into agreements for the performance <br />of any and all functions and activities that any party to the agreement, its officers, or agents have the <br />authority to perform. <br />B.The City of Eugene (hereinafter “CITY”), the Eugene Water and Electric Board (hereinafter “EWEB”), <br />and theLane Council of Governments (hereinafter “LCOG”), or “the Parties” collectively, are joint <br />applicants for an economic development grant from the U.S. Department of Commerce, Economic <br />Development Administration(EDA).The Parties wish to clarify roles and responsibilities for the <br />downtown fiber project in order to facilitate receipt and use of grant funds. <br />AGREEMENT <br />1.This intergovernmental agreement represents the agreed upon terms for administrationof an EDA <br />grant and the supervisionand management of thedowntown fiber project for the completion of the <br />Downtown Eugene Oregon Fiber Optic Network.This agreement is intended to supplement any existing <br />agreements among any two of the parties concerning the project. In the event of any conflict or <br />discrepancy between this agreement and any two party agreements, the specific provision of this <br />agreement shall prevail.Each party to this agreement, and co-applicant for the EDA grant, is recognized <br />as playing a unique and essential role in the completion of the downtown fiber project. This agreement <br />draws upon and recognizes the mutual support and interestamong the parties, and describes the <br />interaction necessary to achieve the shared goals of a successful project intended to bring opportunities for <br />the downtown area. <br />2.EWEB owns and operates the electrical conduit and electric service laterals wherein the microduct <br />and fiberwill be installed. EWEB will own, during and after construction, the electrical system, the <br />microduct and the fiber optic cable that is installed in the EWEB electrical system, including any service <br />laterals extending into buildings identified by the parties as being a part of the project.EWEB will own and <br />maintain all EWEB installed microduct and fiber for the useful life of the microduct and fiber optic cable. <br />EWEB shall make the installed fiber optic cable available to any person or business entity seeking to lease <br />the fiber from EWEB, subjectto availability. EWEB shall charge all entities leasingthe fiber the applicable <br />standard rate for use of the fiber, which rates shall be available for inspectionor review by any entity. <br />3.LCOG owns and operates the Willamette Internet Exchange (WIX) and associated fiber optic cable <br />connecting the WIX to the Internet outside the project area. LCOG will own, during and after construction, <br />any additional facilitiesor materialadded to the WIX and to an expansion of the WIX, and any optical fibers <br />installed to facilitate expansion of the WIXor the use of the WIX. LCOG’s ownership and management of <br /> <br />