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CITY OF =~@ MUSKEGON Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 11, 2025 Title: Metro Act permit extension, KEPS Technologies Submitted by: Joel Brookens, Engineer, Dan Department: DPW- Engineering VanderHeide, Public Works Director, Ann Meisch, City Clerk Brief Summary: Staff requests approval of the included five-year Metro Act permit extension requested by KEPS Technologies Inc, dba ACD.net. Detailed Summary & Background: KEPS Technologies, Inc doa ACD.net currently holds a Metro Act permit with the City of Muskegon. That agreement expired on 2/10/2025. ACD.net has requested a five year extension, to the date of 2/10/2030. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action ltem: 2027 GOAL 3: COMMUNITY CONNECTION - Strong ties among government and community agencies Amount Requested: Budgeted Item: na Yes No N/A | x Fund(s) or Account(s): Budget Amendment Needed: na Yes No N/A | x Recommended Motion: | move to approve the included five-year Metro Act permit extension requested by KEPS Technologies Inc, doa ACD.net and authorize the DPW Director to sign. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology METRO Act Permit Application Form Revised April 6, 2012 City of Muskegon Name of Local Unit of Government APPLICATION FOR . ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY TELECOMMUNICATIONS PROVIDERS UNDER METROPOLITAN EXTENSION TELECOMMUNICATIONS RIGHTS-OF-WAY OVERSIGHT ACT . 2002 PA 48 MCL SECTIONS 484.3101 TO 484.3120 BY KEPS Technologies, Inc. dba ACD.net and ACD Telecom, Inc. (“APPLICANT”) OA ance: Municipalities unfamiliar with Michigan Metropolitan Extension Telecommunications Rights-of-Way Oversight Act “(METRO Act”) permits for telecommunications providers should seek assistance, such as by contacting the Telecommunications Division of the Michigan Public Service Commission at 517-241-6200 or via its web site at http:/Awww.michigan.gov/mpse/0,4639,7-159-16372_22707---,00.html. 45 Days to Act—Kines for Failure to Act: The METRO Act states that “A municipality shall approve or deny access under this section within 45 days from the date a provider files an application for a permit for access to a public right-of-way." MCL 484.3115(3). The Michigan Public Service Commission can impose fines of up to $40,000 per day for violations of the METRO Act. It has imposed fines under the Michigan Telecommunications Act where it found providers or municipalities violated the statute. Where to File: Applicants should file copies as follows [municipalities should adapt as appropriate—unless otherwise specified service should be as follows]: -- Three (3) copies (one of which shall be marked and designated as the master copy) with the City Manager, City of Muskegon, 933 Terrace St, Muskegon, MI 49440 City of Muskegon Name of local unit of government APPLICATION FOR ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY. TELECOMMUNICATIONS PROVIDERS By KEPS Technologies, Inc. dba ACD.net and ACD Telecom, Inc. (“APPLICANT”) : This is an application pursuant to Sections 5 and 6 of the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, 2002 PA 48 (the _ "METRO Act") for access to and ongoing usage of the public right-of-way, including public roadways, highways, streets, alleys, easements, and waterways~ (“Public Ways”) in the Municipality for a telecommunications system....The-—-—--— ~~ 2+ METRO Act states that “A municipality shall approve or deny access under this... section within 45 days from the date a provider files an application for a permit for access to a public right-of-way." MCL 484,.3113(3). This application must be accompanied by a one-time application fee of $500, unless the applicant is exempt from this requirement under Section 5(3) of the METRO Act, MCL 484.3105(3). 1 GENERALINFORMATION: 1.1 Date: 1/14/2015 1.2 Applicant’s legal name:_KEPS Technologies, Inc. Mailing Address: ACD.net 1800 N. Grand River Ave. Lansing, MI 48906 Telephone Number: _ (517) 999-3213 Fax Number: (517) 999-3993 Corporate website: _http://www.acd.net/ Name and title of Applicant’s local manager (and if different) regarding this application: ) —_ Phil Brown, OSP Engineer Mailing Address: ACD. net 1800 N. Grand River Ave. Lansing, MI 48906 Telephone Number:_(517) 999-3213 Fax Number: (517)999-3993 E-mail Address: brown.phil@acd.net 1.3 Type of Entity: (Check one of the following) x Corporation General Partnership || LT Limited Partnership Limited Liability Company Individual Other, please describe: 1.4 Assumed name for doing business, if any: ACD.net and ACD Telecom, Inc 1.5 Description of Entity: Competitive Local Exchange Carrier 1.5.1 Jurisdiction of incorporation/formation; Michigan 1.5.2 Date of incorporation/formation; 1987 1.5.3 Ifasubsidiary, name of ultimate parent company; 1.5.4 Chairperson, President/CEO, Secretary and Treasurer (and equivalent officials for non-corporate entities). CEO Kevin Schoen President Steve Schoen CFO Kirk Shewchuck 1.6 Attach copies of Applicant’s most recent annual report (with state ID number) filed with the Michigan Department of Licensing and Regulatory Affairs and certificate of good standing with the State of Michigan. For entities in existence for less than one year and for non-. corporate entities, provide equivalent information. (See Exhibit E & F) 1.7. Is Applicant aware of any present or potential conflicts of interest between Applicant and Municipality? If yes, describe: NO 1.8 In the past three (3) years, has Applicant had a permit to install telecommunications facilities in the public tight of way revoked by any Michigan municipality? Circle: Yes If "yes," please describe the circumstances. 1.9 In the past three (3) years, has an adverse finding been made or an adverse final action been taken by any Michigan court or administrative body against Applicant under any law or regulation related to the following: 1.9.1 A felony; 1.9.2 A revocation or suspension of any authorization (including cable franchises) to provide telecommunications or video programming services? Circle: Yes If "yes," please attach a full description of the parties and matters involved, including an identification of the court or administrative body and any proceedings (by dates and file numbers, if applicable), and the disposition of such proceedings. 1.10 [If Applicant has been granted and currently holds a license to provide basic local exchange service, no financial information needs to be supplied.] If publicly held, provide Applicant’s most recent financial statements. If financial statements of a parent company of Applicant (or other affiliate of Applicant) are provided in lieu of those of Applicant, please explain. 1.10.1 If privately held, and if Municipality requests the information within 10 days of the date of this Application, the Applicant and the Municipality should make arrangements for the Municipality to review the financial statements. If no financial statements are provided, please explain and provide particulars. Per Section 1.9 KEPS Technologies Inc. dba ACD. net and ACD Telecom, Inc. currently holds a Local Exchange License as a Competitive Local Exchange Carrier. 2 DESCRIPTION OF PROJECT: 2.1 Provide a copy of authorizations, if applicable, Applicant holds to provide telecommunications services in Municipality. If no authorizations are applicable, please explain. KEPS currently holds a CELC License (See Exhibit G) 2.2 Describe in plain English how Municipality should describe to the public the telecommunications services to be provided by Applicant and the telecommunications facilities to be installed by Applicant in the Public Ways. ACD.net is installing fiber optic cable to provide high speed communications and/or Distributed Antenna Systems 2.3. Attach route maps showing the location (including whether overhead or underground) of Applicant’s existing and proposed facilities in the public right-of-way. To the extent known, please identify the side of the street on which the facilities will be located. (If construction approval is sought at this time, provide enginecring drawings, if available, showing location and depth, if applicable, of facilities to be installed in the public right-of-way). (Attached as Exhibit C) 2.4 Please provide an anticipated or actual construction schedule. (Attached as Exhibit B) 2.5 Please list all organizations and entities which will have any ownership interest in the facilities proposed to be installed in the Public Ways. KEPS Technologies Inc. dba ACD.net and ACD Telecom, Inc. 2.6 Who will be responsible for maintaining the facilities Applicant places in the Public Ways and how are they to be promptly contacted? If Applicant’s facilities are to be installed on or in existing facilities in the Public Ways of existing public utilities or incumbent telecommunications providers, describe the facilities to be used, and provide verification of their consent to such usage by Applicant. KEPS Technologies Inc. dba ACD.net and ACD Telecom, Inc. 3 TELECOMMUNICATION PROVIDER ADMINISTRATIVE MATTERS: Please provide the following or attach an appropriate exhibit. 3.1 Address of Applicant’s nearest local office, (See Exhibit A section 3.1) 3.2 Location of all records and engineering drawings, if not at local office; (See Exhibit A section 3.3.1) .. vos , 3.3 Names, titles, addresses, e-mail addresses and telephone numbers of contact person(s) for Applicant’s engineer or engineers and their responsibilities for the telecommunications system; (See Exhibit A section 3.3.3) 3.4 Provide evidence of self-insurance or a certificate of insurance showing Applicant’s insurance coverage, carrier and limits of liability for the following: (See Exhibit D) 3.4.1 Worker’s compensation; 3.4.2 Commercial general liability, including at least: 3.4.2.1 | Combined overall limits; 3.4.2.2 Combined single limit for each occurrence of bodily injury; 3.4.2.3 Personal injury; 3.4.2.4 Property damage; 3.4.2.5 Blanket contractual liability for written contracts, products, and completed operations; 3.4.2.6 Independent contractor liability; 3.4.2.7 For any non-aerial installations, coverage for property damage from perils of explosives, collapse, or damage to underground utilities (known as XCU coverage); 3.4.2.8 Environmental contamination; 3.4.3 Automobile liability covering all owned, hired, and non-owned vehicles used by Applicant, its employee, or agents. 5 3.5 Names of all anticipated contractors and subcontractors involved in the construction, maintenance and operation of Applicant’s facilities in the Public Ways. RC Directional Boring Contact Person: Ron Musial Jr. Phone Number: (517) 545-4887 Fax Number: (517) 545-0518 Cell Number: (517) 404-7707 Address: 2000 Country Farm Rd. Howell, MI. 48843 4 CERTIFICATION: All the statements made in the application and attached exhibits are true and correct to the best of my knowledge and belief. KEPS Technologies Inc. dba ACD. net and ACD Telecom, Inc 1/14/2015 py: nM! Date Print name: Kirk Shewchuck Title: CFO S:\metroapplicationform.doc KEPS Technology Contact Exhibit A Section 3.1 KEPS Technology dba ACD.net and ACD Telecom, Inc. Michigan 1800 N. Grand River Avenue Lansing Ml 48906 Section 3.3.1 Permittee’s contact person Phil Brown, 1800 N. Grand River Avenue, Lansing, Michigan 48906. Phone: (517)999-3213 Fax: (517)999-3993 Email: brown.phil@acd.net Section 3.3.1 Engineering drawings, and As-built plans and related records OSP Engineer Phil Brown 1800 N. Grand River Avenue Lansing Michigan 48906 Phone: (517)999-3213 Fax: (517)999-3993 Email: brown.phil@acd.net Section 3.3.3 Engineering Contact Russell Allswede, 1800 N. Grand River Avenue, Lansing, Michigan 48906. Phone: (517)899-5609 Fax: (517)999-3993 Email: Allswede. Russell@acd.net Section 3.3.4 Construction & Engineering Contact Person Russell Allswede Directory of Operations 1800 N. Grand River Avenue Lansing Michigan 48906 Phone: (517)899-5609 Fax: (517)999-3993 Email: Allswede. Russell@acd.net Section 3.1.5 Emergency contact number with 24 hour availability (517)999-9999 option #1 Exhibit B The anticipated construction schedule for this will be set for February 3, 2015 through March 17, 2045. This date varies considering and contingent upon many variables such as approval of pole attachment permits, Make Ready adjustments, MDOT permitting, and other required County; Township; or City permitting, as well as weather. Muskegon County Route Description Scope of work: ACD proposes to place fiber optic cable within the Road Right-of-Way of Muskegon County for the purpose of enhancing and expanding our fiber network. ACD proposes to attach supporting strand, fiber optic cable and associated hardware to existing utility poles located in the Road Right-of-Way. ACD will abide by all NESC rules and regulations. ACD proposes to directionally bore within the Road Right-of-Way for the placement of 1-1/4" DR-11 HDPE conduit containing one fiber optic cable. Minimum depth will be 48". ACD will notify Miss Dig prior to the commencement of any work. Location of Work: Aerial cable will be placed on existing utility poles and within the Road Right-of-Way of the streets listed below: E, Laketon Ave. between Harvey St. & S. Getty St. See Maps- 16-627-7975, 16-626-7975, 16-625-7975 Underground cable will be placed within the Road Right-of-Way of the streets listed below: E, Laketon Ave. & across Harvey St. See Maps- 16-627-7975 A Grade Level hand hole with dimensions of 24" x 36" x 24" will be placed near the intersection of: E. Laketon Ave. & Harvey St. OP ID: AM ; ) ACORD’ CERTIFICATE OF LIABILITY INSURANC E pareamon UPON THE CERTIFICATE HOLDER. THIS THIS CERTIFICATE !S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS CERTIFICAT E DOES NOT AFFIRMATIV ELY OR NEGATIVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION IS WAIVED, subject to on this certificate does not confer rights to the the terms and conditions of the policy, certain policies may require an endorsement. A statement CONTACT Angela Maldonado certificate holder in lieu of such endorsement(s). tyma n& Sheets 2213 East Grand River PHONE 517-482-2211 [FAX oy, 517-371-4881 P.O, Box 15127 EMAIL... angelam@lymansheets.com «= == !-8800 ves se Lansing, MI 48901 Michael G. Sheets BUSTOMER 1p x: ACDNE-1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED ACD.Net insuRER A: Federal Insurance Co. 20284 Keb S Tecimatogies Inc insuRER B: The Accident Fund | jrotes River Avenue 4800 N. Grand48906-390 Insurance Compan insurer¢ : Auto-Ownersr Surplus y__ 18988 | Lansing, MI 5 INSURERp ; Westcheste Lines. Ins." oe AAOVEZ oo INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE.FOR-THE.POLICY .PERIOD.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED THIS OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTERMS, INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ne TYPE OF INSURANCE en la POLICY NUMBER (Hg BRY TY) {CARIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A |X | commeRrciat GENERAL LIABILITY 36000815 02/20/2014 | 02/20/2015 | Pra e Ree rencey ($1,000,000) __| ctams-mane OCCUR MED EXP (Any one person) | $ 10,000 PERSONAL & ADV INJURY | $ 1,000,000 |__| GENERAL AGGREGATE $ 2,000,000 — PRODUCTS - COMPIOP AGG | $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ | poucy | X | SES [ |toc |, 4,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE Limit X | anvauto A ||“... 73683522 02/20/2014 | 02/20/2015 BODILY INJURY (Per person) | $ |__| ALL OWNED AUTOS BODILY INJURY (Per accident) | $ PROPERTY DAMAGE ; |__| SCHEDULED AUTOS A | X | wirep Autos 73583522 02/20/2014 | 02/20/2015 | (PER ACCIDENT) 73583522 02/20/2014 | 02/20/2015 $ A | X | Non-ownen autos $ |X| UMBRELLALIAB | X | occur EACH OCCURRENCE $ 10,000,000 c EXCESS LIAB CLAIMS-MADE 7 4984742700 02/20/2014 | 02/20/2015 |AGGREGATE $$ 10,000,000 DEDUCTIBLE X RETENTION $ | 10,000 $ OTH WORKERS COMPENSATION AND EMPLOYERS? LIABILITY vIN We STAIU- x oRy Litt ER $ 500,000 B | ANY PROPRIETOR/PARTNERJEXECUTIVE WCV6097262 01/01/2015 | 01/01/2016 | EL. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE| $ 500,000 DESGRIPTION OF OPERATIONS below under If yes, describe E,L, DISEASE - POLICY LIMIT | $ 500,000 D |Contractors Pollut G27442420 001 04/15/2014 | 04/15/2015 |Pollution 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 104, Additlonal Remarks Schedule, If more space ts required) GANCELLATION CERTIFICATE HOLDER EVIDENC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Evidence of Coverage AUTHORIZED REPRESENTATIVE 4 a Mich ot Brl © 1988-2009 ACORD CORPORATION: All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD De Pe GO poe,Y ee “xhibit E —r Lansing, Michigan This is to Certify That KEPS TECHNOLOGIES, INC. was validly incorporated on February 14, 1991, as a Michigan profit corporation, and said corporation is validly in existence under the laws of this state. This certificate is issued pursuant to the provisions of 1972 PA 284, as amended, to attest to the fact that the corporation is in good standing in Michigan as of this date and is duly authorized to transact business and for no other purpose. This certificate is in due form, made by me as the proper officer, and is entitled to have full faith and credit given it in every court and office within the United States. In testimony whereof, | have hereunto set my hand, in the City of Lansing, this 6th day of February, 2014. . y Sent by Facsimile Transmission 537475 Alan J. Schefke, Director Corporations, Securities & Commercial Licensing Bureau Vers 3.2 (03/08) DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU PROFIT CORPORATION INFORMATION UPDATE 2013 On behalf of the Corporation, | certify that no changes have occurred in required information since the tast filed annual report. Identification t tumber Corporation Name 537475 KEPS TECHNOLOGIES, INC. Resident ager t name and mailing address of the registered office STEVEN E, SCHOEN Mil The address of the registered office 1900 NCRTH GRAND RIVER AVE LANSING Mi 48906 Describe the ourpose and activilles of the corporation during the year covered by this report: Electronic Signature Filed By Title Phone STEVE SCHOEN AUTHORIZED OFFICER OR AGENT 1 certify that this filing is submitted without fraudulent intent and that | am authorized by the to make any changes reported herein. butiness entity Payment Information Payment Amount Payment Date/Time Reference Nbr $25 03/29/2013 14:50:34 71315 6801 537475 2013 exhibit F State of Michigan Public Service Commission John Engler, Governor 6545 Mercantile Way Department of Consumer & Industry Services P.O. Box 30224 Kathleen M. Wilbur, Director Lansing, MI 48909-7721 Telephone: 517-241-6180 Web Slite:.cis.state.mi.us/mpsc Commissioners Laura Chappelle David A. Svanda Robert B. Nelson Basic Local Exchange Service License |, Dorothy Wideman, Executive Secretary, Michigan Public Service Commission, | " certify that on January 19, 2000, in Case No. U-12180, the Michigan Public Service Commission granted ACD Telecom, Inc. a permanent license to render basic local exchange service within a specific geographic area, in accordance with the requirements of the Michigan Telecommunications Act, 1991 PA 179 as amended, MCL 484.2101 et seq., and all requirements established by laws, orders, and regulations of the Commission. | further certify that on December 3, 2001, Commission staff officially approved the tariffs filed by ACD Telecom, Inc. as a precondition to commencing basic local exchange service in the state of Michigan. This license cannot be sold or otherwise transferred without prior approval from the Michigan Public Service Commission. ACD Telecom, Inc. may not discontinue basic local exchange service without first complying with the requirements of Section 313 of the Michigan Telecommunications Act, MCL 484.2313. —_--Borothy Wideman Executive Secretary Exhibit G IAWHBHE GL6L-979°9} wane HQ3IUXS cements FEO = > & SL6L-PZ9-9L Ea 38 UosipeW 4S AaHEA, Vg unSAY 20} o 1S [eyaujued 1S AsO S 1 Aey 1S souadng ¥5 POOMIR 7g voskq seus |oe |Le a $262-2Z9-91 os "CD SUOI ADY 2 HQIYXS SNOILVIO7SLY SDIGH Labe-2Bv0 5 Amaenus a AAO GL6L-SZ9-OL Py UOLng 7S Ssnoy 1S SHeqoY tuoABLbsIyOnw SL62-929-9L §$162-829-94 SJE C1) HI [—_) ee| (—_T1 Cor [TI el |[emp sO10i 8 Fa Es HVA RAN'GOW ‘Ounjou Uf NUDE ou suoEsO7 Aye f 9ISu0l6Ws8eq fF O SEPUBIDJOARYBAY a eayWOJYe’y“A Pe yg Aare e a raver tnt| Bul J3]U8D ne cre e e son ena een AipunogAenjowb aur, uaJbeiqrs)y Kem c TA195jsubld;cUOSenapyuos1A0rd PUGLh °“ 4 aod ve 2pJAnaGWOsN whe OSLPUBIDJATYS SNOL YO 1 iV SUOI ASY i i i co PAUdDy Y‘6AeWOGSLcNrD ‘sul 1-GZ9 ! L .o) ON t © S BC A vanced ommunications & Data 2/18/2025 City of Muskegon 933 Terrace Street Muskegon, Michigan, 49440 METRO ACT RIGHT OF WAY PERMIT EXTENSION Dear Jonathan Seyferth, City Manager: At this time, KEPS Technologies, Inc. dba ACD.net would like to extend the existing METRO Act we have with your municipality. Our current agreement expires on 2/10/2025. We would like to extend that to 2/10/2030. lf you are in agreement with this extension, please sign this agreement on the lines provided below and return within 30 days to KEPS Technologies, inc. dba ACD.net at the address listed on the letterhead or emailed to osp@acd.net. Additional information regarding this renewal request and other METRO Act information, may be found at http://www.michigan.gov/mpsc/. if you have any questions, please contact the Permitting Department at 517-999-9999 or at OSP@acd.net. Thank you for your time and cooperation in this matter that both benefits you and your constituents. Agreed to on behalf of KEPS Technologies, Inc. dba ACD.net City of Muskegon acknowledges receipt of this Permit Extension granted by Name:Dan VanderHeide Name: steve choen Signature:< 4“ oa ed — NC Signature: ; Wwe ; Its: Director of Public Works Its: Vice President Date; March 17, 2025 Date: 2/18/2025 KEPS Technologies, Inc. d/b/a ACD.net 517.999.9999 1800 N. Grand River Ave. Lansing, Ml 48906
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