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HomeMy WebLinkAboutAGENDA REPORT 2019 1106 REG CCSA ITEM 09DCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of November 6, 2019 ACTION Approved staff recommendation and adopted Resolution No. 2019-3855. BY B.Garza. D. Consider Agreement with Magellan Advisors, LLC. for Development of a Broadband Strategic Plan and Consider a Resolution Amending the City’s Fiscal Year 2019/20 Budget. Staff Recommendation: 1) Approve Agreement with Magellan Advisors, LLC. for preparation of a Broadband Strategic Plan, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2019-3855 amending the FY 2019/20 budget to fund preparation of a Broadband Strategic Plan. ROLL CALL VOTE REQUIRED (Staff: Brian Chong) Item: 9.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brian Chong, Assistant to the City Manager DATE: 11/06/2019 Regular Meeting SUBJECT: Consider Agreement with Magellan Advisors, LLC. for Development of a Broadband Strategic Plan and Consider a Resolution Amending the City’s Fiscal Year 2019/20 Budget SUMMARY On July 17, 2019, the City Council authorized release of a Request for Proposals (RFP) for development of a Broadband Strategic Plan. The City received two proposals in response to the RFP. The Broadband Ad Hoc Committee and staff reviewed both proposals and interviewed both proposers, and it is now recommended that the City Council approve an agreement with Magellan Advisors, LLC. (Magellan Advisors) to prepare a Broadband Strategic Plan for the City, as well as approve a corresponding budget amendment in the amount of $99,950.00 to fund the project. BACKGROUND The City Council’s Strategies, Goals, and Objectives for Fiscal Year (FY) 2019/20 and FY 2020/21 establish an objective to “Conduct a study of commercial broadband, identify current and needed infrastructure, and determine funding needs and other actions to achieve desired level of commercial broadband in the City.” This objective was carried forward from the Goals and Objectives for FY 2017/18 and FY 2018/19. On December 6, 2017, the City Council created the Broadband Ad Hoc Committee, comprised of Councilmembers Mikos and Simons, to consider various policy decisions that need to be made along the way in pursuing the development and deployment of broadband infrastructure throughout Moorpark. The Committee could then advise the City Council and assist staff in preparing the RFP for a Broadband Strategic Plan. Following several scoping meetings for the Plan, the Broadband Ad Hoc Committee reviewed and recommended approval of a Request for Proposals for development of a Item: 9.D. 123 Honorable City Council 11/06/2019 Regular Meeting Page 2 Broadband Strategic Plan on June 24, 2019. The City Council then reviewed and authorized the release of the RFP at the July 17, 2019 City Council meeting. At the same July 17, 2019 City Council meeting, the City Council adopted two new Smart City objectives to “Develop a list of potential Smart City items to assist with sustainable business retention for City Council consideration” and to “Develop a list of potential short-term Smart City projects for City Council review.” Development of Smart City project lists have been incorporated into the scope of work for the Broadband Strategic Plan because the proposed consultant possesses expertise in Smart City applications. DISCUSSION Staff released the Broadband Strategic Plan RFP on July 19, 2019 and received two responsive proposals, from Magellan Advisors and from Ernst & Young Infrastructure Advisors, LLC. Both the Broadband Ad Hoc Committee (Councilmembers Mikos and Simons) and City staff reviewed the two proposals and ranked them based on the criteria contained in the RFP, which includes: • Qualifications of the Firm • References • Staffing • Schedule • Scope of Work The Broadband Ad Hoc Committee and City staff also interviewed both proposers to better understand each proposal. After careful consideration, the Committee and staff unanimously recommend that the City Council select Magellan Advisors to prepare the City’s Broadband Strategic Plan. The City’s RFP was written strategically, outlining the City’s objectives for the Broadband Strategic Plan. While the draft RFP suggested a series of tasks that may accomplish those objectives, it also allowed the proposers flexibility to develop their own plans to most effectively meet the stated objectives. The Magellan Advisors proposal contains the following tasks: • Task 1: Kickoff Meeting • Task 2: Inventory of Existing Providers & Fiber Optic Paths • Task 3: Gap Analysis • Task 4: Asset Inventory • Task 5: Plan for Engagement for Broadband Providers • Task 6: Identification of Obstacles • Task 7: Identification of Anchors 124 Honorable City Council 11/06/2019 Regular Meeting Page 3 • Task 8: Assess the City’s 5G Readiness • Task 9: Recommend Policies and Actions to Promote Broadband and 5G Deployment • Task 10: Provide Design Input on City’s Civic Center Plan Development • Task 11: Assess the City’s Need for Smart City Applications • Task 12: Recommend Actions for the City to Prepare for Smart City Applications • Task 13: Identify Funding Sources • Task 14: Final Strategic Plan Compilation and Approval Process Magellan Advisors estimates that eight months will be required to complete these 14 tasks, which translates to a completed plan in the summer of 2020. Magellan Advisors already has a significant presence and expertise in Ventura County, having already completed the City of Ventura’s Broadband and Fiber Master Plan. The firm is also currently under contract with the City of Oxnard and the County of Ventura to prepare broadband planning and strategy documents for those entities. Staff anticipates that there will be significant synergies in having a firm with localized expertise involved in the City’s broadband efforts. FISCAL IMPACT The City’s FY 2019/20 budget does not include funding for a Broadband Strategic Plan. The Magellan Advisors proposal contains a total cost of $99,550.00. Accordingly, a General Fund budget amendment in the amount of $99,550.00 from unassigned fund balance which has approximately $1.1 million available is provided as Attachment 2 to fund the Broadband Strategic Plan. For reference, the Ernst & Young Infrastructure Advisors, LLC proposal had a total cost of $456,225.00. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Approve Agreement with Magellan Advisors, LLC. for preparation of a Broadband Strategic Plan, subject to final language approval of the City Manager; and 2. Adopt Resolution No. 2019-_____ amending the FY 2019/20 budget to fund preparation of a Broadband Strategic Plan. Attachment 1: Agreement with Magellan Advisors, LLC. Attachment 2: Resolution No. 2019-_____ 125 ATTACHMENT 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND MAGELLAN ADVISORS LLC., FOR DEVELOPMENT OF A BROADBAND STRATEGIC PLAN THIS AGREEMENT, made and effective as of this _________ day of ________________________, 2019, between the City of Moorpark, a municipal corporation (“City”) and MAGELLAN ADVISORS LLC., a limited liability corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for a Broadband Strategic Plan; and WHEREAS, Consultant specializes in developing Broadband Strategic Plans and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated August 14, 2019, which is attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B, unless this Agreement is terminated or suspended pursuant to this Agreement. 2. SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to develop a Broadband Strategic Plan, as set forth in Exhibit B. In the event there is a conflict between the provisions of Exhibit B and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit B. Consultant shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit B. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit B. Compensation shall not exceed the rates or total contract value of ninety-nine thousand, five hundred, and fifty dollars ($99,550.00) as stated in Exhibit B, without a written amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 126 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be JORY WOLF, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before payments may be made to vendors. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, based upon actual time spent on the above tasks. This amount shall not exceed ninety-nine thousand, five hundred, and fifty dollars ($99,550.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Consultant’s fees or expenses it shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. Magellan Advisors LLC. Page 2 of 36 127 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have seven (7) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES [This section intentionally left blank.] 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate Magellan Advisors LLC. Page 3 of 36 128 records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance of its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. Magellan Advisors LLC. Page 4 of 36 129 City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, Magellan Advisors LLC. Page 5 of 36 130 age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Consultant shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 15. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST The Consultant covenants that if they or any officer or principal of their firm have any interests, or if they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder, Consultant shall immediately notify the City, in writing, informing the City of the nature of the contract, prior to commencing with any work or entering into such contract. If the City determines a potential conflict of interest, the City may assign any work related to the conflict of interest to an alternate consultant. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 Magellan Advisors LLC. Page 6 of 36 131 To: John Honker Magellan Advisors LLC. 450 Alton Road 1402 Miami, FL 33139 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant’s legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. Magellan Advisors LLC. Page 7 of 36 132 24. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 25. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 26. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 27. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. Magellan Advisors LLC. Page 8 of 36 133 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK MAGELLAN ADVISORS LLC. __________________________________ __________________________________ Troy Brown, City Manager John Honker, President & CEO Attest: __________________________________ Ky Spangler, City Clerk Magellan Advisors LLC. Page 9 of 36 134 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 aggregate. Magellan Advisors LLC. Page 10 of 36 135 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any Magellan Advisors LLC. Page 11 of 36 136 premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant 90 days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance Magellan Advisors LLC. Page 12 of 36 137 requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The Magellan Advisors LLC. Page 13 of 36 138 City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. Magellan Advisors LLC. Page 14 of 36 139 City of Moorpark, CA Proposal for Broadband Strate gic Plan RFP Prepared For: Brian Chung Assistant to the City Manager Moorpark City Manage r's Office 799 Moo r park Avenue Moorpark, CA 93021 Prepared By: Jory Wo lf VP of Digital Innovation, Mage llan Adv isors jwolf@magellan-advisors.com 8 18.312.7768 www.mage llan-adv isors .com Magellan. ADVISORS EXHIBIT B Page 15 of 36 140 Letter of Interest Br ian Chung Assista nt to the City Manager Moorpark City Manager's Office 799 Moorpark Avenue Moorpark, CA 9302 1 August 14, 2019 Dear Brian, Magellan$; ADVISORS We app laud the City of Moorpark's efforts to understand and improve the broadband env ironment in your comm u nity. Magel lan believes local cho ice is crucia l in determining w hat broadband services are prov ided to your community to ensure your citizens, businesses and community organizations receive the best possible services at affordab le prices . Our m ission at Magellan is to he lp you understand the ra nge of options that will allow you to ac hi eve th is goal with reliable, rea l-world strategies that are based on your community's needs . We provide honest, unbiased information to local governments that they ca n use to make informed dec isions about what role they shou ld play in broadband development within their communities. Magellan prov ides professional consulting services to local governments that want to develop effective broadband strategies; strategies that are unique to t heir communities and are based on real-wor ld and demonstrable success. We prov ide broadba nd planning and implementation services for local governments and public util ities across the US, assisti ng over 400 cities, counties and pub lic utilities to develop and execute plans that improve local broadband . We u nderstand the chal lenges cities face in develop in g broadband strateg ies across the ir communities. Magellan has worked to develop plans for counties across the US and Cal ifornia, creati ng acti onable strategies to leverage existing infrastructure, deve lop strateg ic partnerships, create successful broadband policies and identify Smart City investments to enhance mun icipal operat ion, businesses, education, healthcare and quality of life for all citizens in Moorpark. As eve ry commu ni ty is un ique, our goa l is to deliver individ ually tailored strategies and gu idance to you. We understand the need to focus on the City's commercia l and industrial districts and applaud the City in consider ing t he dep loyment of broadband infrastructu re as it prepares for its future Civi c Center and emerging Smart City app lications. We will work extensive ly w ith your Broadband Ad Hoc Committee, municipal staff and departments, and stake holders in your communities to understand how your organization can best approach broadband dep loyment, using your unique capabi lities and strengths. We strive for a deep understanding of your commu ni ty's broadband issues, needs and opportunities t hrough extensive stakeholder outreach with community leaders, businesses and citizens. We assess the state of your broadband market to give insight on how your community anchors and businesses are served today and identify key issues impacting economic deve lopment, education, healthcare, public safety and the quality of life of your community. Based on these factors, we develop solutions to improve your local broadband, focusing on the opportunities to form strategic partnerships and effectively prepare for Smart City applications. Page 16 of 36 141 Magellan~ ADVISORS We believe that broadband consu ltants are only as good as the results they produce in their clients' communities. Through our work, we've helped mun icipalities enhance their communities with leading edge broadband services. We understand that Moorpark is at a critica l po int in plann ing for the future of broadband In its community. At this crossroads, you need to weigh the many cost/benefit scenar ios and decide which path forward is best for the City, organizationally, financial ly and operationally. Magellan is prepared to help you through this complex process to evaluate th e feasible options to support your decision-making process around broadband expansion. If you have any questions or we can be of assistance in any way, please feel free to contact me with any questions or comments. You can reach me directly at 818.312.7768 or jwo lf@mage ll an -adv isors.com . Sincerely, 1~7tcfr Jory Wo lf VP of Digital Innovation, Magel lan Advisors ""'W.magc lla n-arh·isors.com ') ... !lOl !I Maii:cl lan /\d1-lsors Page 17 of 36 142 State1nent of Qualifications A b out Magell a n A d visors Magellan~ ADVISORS Magellan provides leading wireless, broadband, Smart City, information technology and security consulting services to public and private organizations. We are a ful l spectrum planning and implementation firm that brings together technology, communications and uti l ity consulting to create smart gigabit cities of tomorrow. Our professionals bring years of experience from the broadband, telecom, information technology and government sectors. We are thought leaders and real -world implementers of broadband and Smart City networks t h at keep communities competitive in the dig ita l world. Unl ike most consu lt i ng firms, we partner with our cli ents every step of the way, whether they are deploying in stitutional fiber n etworks, deve loping broadband public-private pa rtnersh ips or d ep loying Smart City networks. We are a "hands-on" firm with strong project management ab il ities and impleme ntation ski ll s to see our cli ents' projects through from concept to complet ion. We are only successful when our clien t s are successful. Our goal is to deliver practical broadband and technology solutions that our clients are capable of implementing in their communities. Through our services, over $1 billion of new fiber investments have been made connecting more than 1,000 schools, hospitals, libraries and governments and passing nearly 1 million homes with fiber. Our combination of unmatched broadband, telecom, business and operational experience creates actionable strategies that communities use to realize their broadband and Smart City objectives. We have led the planning, funding, construction and management of over 50 fiber-to-the-premise networks passing over 1 million homes and co nn ecti ng more than 1,000 schools, hospitals, government offices and community organizations. Our work has resu lted in over $1 billion in new broadband investments nat ionwide. Magellan h as helped more communities successfu lly p lan, implement and manage gigabit broadband networks than any other firm i n th e market. 400 50+ $1B IM 400 Utility & 50+ Fiber & Wireless $1 Billion of Broadband Million Fiber Municipal Served Networks )eployed Investments Cus t omers Connected """' .magcll a 11·:uh i;or:. .r o 111 t [. Page 18 of 36 143 Magellan~ --ADVISORS MAGELLAN ADV I SORS Portfolio of Services - BROADBAND FEAS I BILITY STUDIES Community Needs Assessments Bus i ness Models & Fi nanci a l Planning Market Analysis & Current Environment Des ign & Engineering Network Analysis & Inventory Opportunity, Risk & Benefit Ana lysis BROADBAND DESIGN ENGINEERING FTIH. FTIP. Metro & Long-Haul Fiber Routing, Switching & MPLS Fixed Wireless, Microwave & Wi-Fi Internet, Voice & Vi deo Integrati on GPON Active Ethernet & WDM BSS/OSS Network Management Systems SMART CITY PLANNING Asset Assessments Smart City Solutions Needs Assessments Strategic Smart City Planning Vendor Selection SCADA Consulting IT Governance NETWORK I MPLEMENTATION Standards & Specifications Sales & Marketing Vendor Selection & Management '"'~v.111agd la11 -achi so rs.com 5 NETWORK IMPLEMENTATION (CONT.) Construction Management & Inspections Installation & Activations Operati ons & Customer Servi ce PUBLIC PO LICY & GOVERNANCE Right-of-Way Management Ordinance Dig Once & joint Trench Policies Wireless Ordinance & Guidelines Telecommunications Master Funding Fiber Ordinance & Guidel ines Interna l & External Working Groups BUSINESS MODE L S & PARTNERSH I PS Dark Fiber, Open Access, Triple Play Partner Recruitment & RFQs Feasibility Analysis of Bus i ness Models Advocacy & Negotiation in Partnerships Public-Private Partnership Devel opment Opportunity, Risk & Benefit Analysis PROJECT MANAGEMENT Procurement & Contract Negotiation Construction Management Network Commission i ng & Certification Content Acquisition & Agreements Sales, Marketing & Business Development Business & Operations Management Vl l...'.J z 0::: l.U LL LL 0 w u > 0::: l.U Vl - 2019 Magellan 1\th-isors Page 19 of 36 144 Magellanf# ADVISORS Recent Similar Projects City of V entura, CA: Fiber Master Pl<m Contact: Mitchell Cameron, Senior Management Analyst Office I 805.677.3902 I mcameron@cityofventura .ca.go v The City of Ventura engaged Magel lan to assist in the creation of a Broadband Master Plan with the goa l of taking a proactive approach to economic development and planning for smart city initiatives by committing to enabling greater high-speed internet connectivity for government facilities and businesses. Magellan assisted in developing pol icy and municipal strategies that support this new utility, allowing Ventura to maximize efficiency and cost effectiveness in preparing for future technologies. The Master Plan assessed the current state of broadband, determine the needs of Ventura's businesses and municipal operations, and lay out an implementation strategy to ensure future needs are met. The Plan also provided public policy recommendations around wireless and wired infrastructure including small cell deployment, d ig once and joi nt trench to plan for the coming of SG, the Internet of Things, and Smart City technologies. Magellan continues to as sist Ventura with implementation of the strategy includ i ng selecting a P3 partner to provide broadband to local businesses and residents through a competitive RFP process. Cily of Santa Chu·ita, CA: Fiber Master Pl an Contact : Ben ny Ives, Tec hnology Se rvi ces M anager I 661.286.4086 I bives@sa nta-clarita .com The City of Santa Clarita, CA engaged Mage llan Advisors to create a fiber master plan that examined community needs, pol icies and benefits su rrounding the City's fiber and wireless infrastructure and assets. Magellan assisted the City in assessing fiber-optic infra structure through the collection of data, a comprehensive needs assessment, and analysis of the current availability, reliability, and cost of high-speed internet in the area. The resultant study provided Santa Clarita's leadership with a b lueprint for viable act ions to enhance its broadband future. Among its recomm endations is continued investment in City assets by expanding the current fiber-optic infrastructure to benefit local businesses and to generate revenue streams for the City of Santa Clarita. The report was approved by City Counc il in August 2018 and the City is now implementing the recommendations and has reta i ned Magellan to assist them with development of an RFP to identify potentia l partners for the project. South Bay Coalition of Gove rnme nts, CA: Fiber Maste r Plan Co ntact: Jac ki Bacha rac h, Executi ve Director I 310 .293 .2612 ljac ki@so uthbaycities.org Magellan Advisors was retained by the South Bay Coalition of Governments to complete a Fiber Mast er Plan for 15 cities in the South Bay Region. The Fi ber Master Plan Study was funded by the Workforce Investment Board through a workforce development grant. The study assesses the current state of workforce deve lopment and jobs retention in the region through focus group discussions with cities, bus in esses and anchor i nstitutions. The Fiber Master Plan laid the foundation of the deve lopment of a fiber broadband infrastructure that will serve the cit ies in the region for economic development, workforce development and job retention. The study created a roadmap for implementation of a reg ional network to prime the pump for the c ities in the region to expand broadband into their communities for workforce re lated goals and objectives. Magellan assisted the COG with selecting a partner to implement the regional SMART Net and obtain funding of $4.4 million and $1.2 m illi on for the project, resu lting in a recently announced plan to begin construction of the network. Hunlinglon Be ach , C A: Fibe r Master Plan and Wirel ess Stralegic Plan Contact: Antonia Gra ham , CSM , Env SP, Assistant t o tt1e City M anager I 714.536.5537 I an t onia .graham@surfcity-hb.org Magel lan Advisors was retained by the City of Huntington Beach, CA to assist in implementing its Fiber Master Plan and to develop a Wire less Strategic Plan. Magel lan is providing guidance in organizational development for implementing broadband f i ber and wireless infrastructures, po l icy and partnership development, managing goa ls and object ives for fiber master planning, negotiati ng fibe r and wireless agreements and developing strategies for leveraging newly acquired SCE light poles for leasing and implementation of a dark fiber infrastructure. Magel lan is assisting in the deve lopment of right of way management and wireless ordinance. Request for Proposals are being deve loped and contracts will be negotiated for lea sing vertica l pole assets and dark fiber for deployment of LTE SG wireless technologies. "''""111agcll n11·atlvisors.rom (j 20 19 ,\fagc ll ;m Ad viso rs Page 20 of 36 145 Magellantll ADVISORS Organization and Staffing J ory Vl/olf: VP of Digital Innovalion -Prc~ject Exerntiv e Jory joined Mage l lan after 22 years as CIO of the City of Santa Monica, CA where he launched Santa Monica City Wi -F i, which provides free internet services to the public through a network of 32 hot zones and wireless coverage in most major commercial and transit corridors throughout the city. He created Santa Monica City Net, a 100 gigabit broadband program to suppo rt an environment for loca l businesses to compete in the global economy with cutting edge network solutions and for (FTIH) and Digita l I nclusion for residents. Jory has over 35 years of experience in Information Technology, includ i ng broadband, FTIH and Smart City initiatives . During h is career at the City of Santa Monica, Jory had the opportunity to prepare several Strategic IT Plans and implement a number of reorganizations to embrace emerging technologies, i ncluding virtualization, ITIL methodologies, cloud computing, mobi le workforce, software-as-a-service an d smart city. Jory and his teams have rece ived over 50 awards for information technology projects during his career and in 2012 he received the CIO lifetime Achievement Award from the Los Angeles Business Journal. Joe Carella: Senior Consult£mt -Prqj ect Manager Jo e Carella has over 25 years' experience in technology managem ent, app li cations deve lopment, enterprise application integration, operations management, and consulting in the technology space, i ncluding the last seven years i n fiber construct ion, broadband management, digital inclusion and smart cities p lanning for two metropolitan munic i pa l governments. Prior to joi ning Magellan, he had roles as CIO at a financial services firm, as head of applications at a Wall Street broker I dealer, and developing strateg ic IT and organ izationa l restructuring plans for a global biotechnology firm. He has successfully app l ied for over $75 million in federal grants, includ i ng $23 million in t hree Broadband Technology Opportunities Program (BTOP) grants, which fulfilled all program goa ls and closed successfully. Joe is a certified PMP, understands the E-Rate program, and graduated from NYU with majors i n Mathematics and Computer Science, and minors i n Economics and Ph ilosophy. David Brevi tz: Senior Consultant -Polic y & R eg ulatory W\\'W.1na,gdhm-ad\iSOJ'S .COlll David has decades of experience i n the telecommunications industry from an extensive array of telecommunications engagements in the U.S. and internationally. Th is experience provides eptnancl capa bi lity in the subjects o f 6roadband trends and plann i ng, market ana lysis and surve i l lance, telecommunications stakeholder engagement, wire less and wi re less broadband trends and developments, industry financia l reporting and analysis, telecommun ications company operations, back office systems and business plans, interconnection and unbundled network e lement pricing, t e lecommunications serv ice costing and universa l serv ice goals and objectives. 7 20 I !I ;\'lagcllan /\chisors Page 21 of 36 146 Magellan~ ADVISORS Melanie Downing: Prqject lVIanagem e nt Analys t "'"''"magdl;u1-a<hisors.com Melanie has a background in technical commu nication and extensive experience coordinat ing, researching, and implementing projects across a variety of fields from defense contracts to small business p lans. Prior to joining Magellan in 2018, she worked in healthcare management and co nsulting and was a graduate student at the Un iversity of Central Florida studying technical communication in technology and public policy. In her current role as Project Management Analyst, she supports Magellan's West Coast team, assisting more than twenty loca l governments across Ca l ifornia, Oregon, and Wash ington with broadband in itiatives. Melanie coordinates p roject-re lated data including the deve lopment and comp letion of scopes of work, timelines, mi lestones, de l iverables, project tasking, and quality control, he l ping to ensure the success of our clients' comm unities. Organiz ational Structure Jory Wolf Project Execut ive Joe Care lla Proj ec t M anager David Brevitz Researc h Analys t 8 Melanie Downing Project Analys t 20 I 9 :\ll agcll an i\chisors Page 22 of 36 147 Magellan~ ADVISORS Jory Wolf -VP of Digital Innovation Education: Technology executive with 35 years of public sector technology experience. Chief Information Officer University of California, Los Angeles, Los Angeles, CA Management lnformotion Systems California State University Narthridge, Los Angeles, CA Bachelors of Science in Psychology ond Biology PROFESS IONAL AFFILIATIO NS • Member, Public Technology Institute for the City of Santa Monica, CA for22 years as well as 17 years of experience in planning, bui lding, and operating broadband fiber optic and wireless networks. Built two highly successf ul systems, CityNet, and CityWiFI. Developed cost effective approaches to implementing mun icipa l broadband that offers n et neutra lity, local control, stimu lates development of tech and entertainment sectors, offers digital inclusion and iber to the home, and energizes the local economy. City of Santa Monica, CA. Chief Information Officer -Implem ented broadband systems that support innovation in government ervices, and enables public service and community stakeholder Tnstltutians ta improve community health, education, safety and wellbeing. • Member, International Planned and managed the implementation of a new $9.5 m///ion P25 compllont trunked public safety Qty/County Manager Association radio system for first and second responders as port of the /Cf reg/anal interoperable sys tem. • • • Board Member, Government Technology Conference Boord Member, Government ond Business Technology Presenter at over 30 con/ erences, symposia, and invited keynotes Planned and managed the City's centralized automated systems and related services, including ersonnel and equipment and provided strategic development and use of information technologies; overseeing design and implementation of new systems; coordinating citywide acquisition of software and hardware, including development and Imp lementation of o long -range funding plan for maintenance and replacement of hardware; and managed operations ond customer support/unctions or software applications, telecommunications systems and network systems and related technology ervices. PROFESS IONAL AWARDS • Los Angeles Business Journal, 2012 Established goofs and policies in accordance with miss ion and service level objectives; prioritized and CIO Lifetime Achievement Award upervised the lmplementotian of goofs and objectives. • • • • • Public Technology In stitute Aword, Managed the preparation and administration of operating and capitol Improvement budgets and Management Strategies recommended and approved technology budgets ond expenditures for all deportments. Public Technology In stitute Award, Telecammunicotlons Strategies Helen Putnam Award, Innovative Government Services Public Technology In stitute Award, Developed and implemented citywide long-range Information systems strategies, which involved ocilitating discussions with City management regarding current and anticipated information services requirements, applications development, enhancement requests and olternotive approaches. Interac tive On-line Services Managed design, development and lmplementatlon of telecommunlcotions programs and systems, Los Angeles Consortium of ·nc/uding municipal fiber optic networks, Wi -Fi hat zones, voice aver internet protocol (VOiP), trojfic Governments Award Best ignal networks, traffic camera networks, new 911 dispatch systems for Police and Fire, public security Practices in Technol;gy video networks, public safety in-vehicle camera and computer systems, jail video systems, radio networks supporting advanced fleet management for bus operations, and in-building networks far the new Public Saft:ty Facility and Main Library. I 1'\\'l',ll I a ,11cll;11 HI( l\·i )()l'S ,('()tll Managed design, development, implementation, training and customer support for client server oftware applications; geographic information systems (GIS); electronic document management ystems (EDM); world wide web (WWW) lnternet/lntronet/Extronet; telecommunication systems Including telephone switches, key systems, call accounting systems, voicemoil systems, interactive voice response systems, cabling systems and automated call distribution systems; and network systems and ervices including servers, desktop computers, printers, data switches, routers, hubs, gateways, and irewolls. ~} Page 23 of 36 148 Magellan" A D VISORS Joe Carell a -Sr . Broadband Consultant EDUCATION: New York University, BA, Mathematics, Computer Science (Magno Cum Laude; Phi Beto Kappa) CERTIFICATIONS, M EMBERSHIPS: • Project Management Professional {PMP) • Phi Beta Kappa and Pi Mu Epsilon {Mathematics) • ITIL v3 Foundations • Association for Computing Machinery (ACM} • Institute of Electrical and Electronics Engineers {IEEE} STRENGTHS: • Project Management • Program Manager • Grant Applications and Management • Financial Analysis • Applications Development, Integration • Government Procurement • Operations Management oe Care ll a has over 25 years' experience in technology management, applications development, nterprise appli cation integration, operations management, and consu lting in the technology space, ncludlng the last seven years in plann ing broadband management, fiber construction, digital Inclusion and mart cities planning for two metropolitan municipal governments. Prior to joining Magellan, he had roles s CIO at a financial serv ices firm; as head of applications at a Wall Street broker-dea ler; and developed trategic IT and organizational restructuring plans for a global biotechnology firm . He has successfully pplied for over $75 mill ion in federal grants, including $23 m illion in three Broadband Technology pportun ities Program (BTOP) grants, which fulfilled all program goa ls and closed success fully. Joe is a ertified PMP, understands the E-Rate program, and graduated from NYU with majors in Mathematics and omputer Science, minoring in Economics. agellan Advisors LLC -Orlando, Fl r. Broadband Consultant -Magellan Advisors is a full-service consulting and technology services firm, pecializing in telecommunications planning, deployment and management for public and private sector rganizotions. Senior technology and broadband consultant, experienced In strategy development, project fanning and execution, application design and integration planning, financial management, technology ·nnovotion, and orgonizotional change management. altimore City, MD Mayor's Office of Information Te chnology (MOIT) enior Project Manager (thru Vista Technology Partners, Inc) roadband Consulting and Smarter Cities -Co-wrote Mayor's Smarter City Task Force report, defining omprehensive Citywide plan to bring broadband and training to underserved parts of Baltimore City. anaged installation of 35 miles of fiber In Baltimore-wide ring, enhancing public safety capabilities. eve/oped framework for negotiations to develop pub/le-private partnerships for dark fiber leasing to noble comp etitive broadband services. Catalyzed efforts for Baltimore City Public Schools to develop equest for proposals for new fiber construction under USAC e-rate program. Implemented Citywide VoIP istrlct of Columbia Office of the Chief Technology Officer (OCTO) TOP Program Consu ltant (thru Vista Technology Partners, Inc) Wrote, managed due diligence and secured three ARRA BTOP grants from Deportment of Commerce NT/A. These included fiber Installation and community anchor connection; adoption and digital literacy; public omputer centers with DC Public Library. District of Columbia awarded $23 million In those three grants, /us SB/ broadband mapping grant. Secured SPIN registration for DC Government under USAC £-Rate rogram. altimore County, MD enior Consultant (thru Vista Technology Partners, Inc) trategic consultant, evaluating portfolio effectiveness for C/O. Recommended initiatives related to more 'fficient and strategic IT ope.ration County-wide program Initiatives. Led efforts to bid on federal ARRA tlmulus funds for BTOP fiber infrastructure. edlmmune, Inc. Gaithersbu rg, MD enior Director, Solution Design and Delivery (Application s and Architecture) eve/oped three-year strategic IT plan for technology, applications and organization, as consultant / dvisor to senior IT management. Later joined organization, responsible for all applications, integration, nd applications architecture, and implementing IT strategy. hurch Pension Group (CPG) New York, NV enior Vice President, Chief Technology Officer (CIO) 10 for $4+ billion organization providing clergy and lay pension services, health insurance, property & asualty insurance, and publishing services for Episcopal Church. redit Management So lutions, Inc. hiefTechnology Officer esponsib/e for 90·person professional services team, delivering bespoke credit opplicotions. Led product rchiteeture and product development for Soos. I 0 :lOl!I MaJidl:m A<lli sors Page 24 of 36 149 Magellan. A D V I S O RS David Brevi tz C.F .A -Senior Broadband Consultant Education: Chartered Financial Ana lyst, Institute -Charlott esville, VA M.B.A., Finance, Michigan State University Graduate School of Business, East Lansing B.A., Justice, Morality ond Constitutional Democracy, Jam es Madison College, Michigan State University Strengths: Mr. Brev itz has over 30 years of experience in the te lecom mu nications industry based on work for U.S. and international clien t s, and teleco mmunications regulatory agencies . This experience provides depth and CF apa bility in the subjects of broadband t rends and planning, market ana lysis and su rv eillance, market libera lizatio n and competitive policy implementation, t elecomm unications stakeholder engagement, ireless and wireless broadband trends and developments, industry financia l reporting an d analysis, elecommunications company ope rations, back office systems and business plans , Interconnection and unbundled network element pricing, telecommunications service costing and pricing, and u ni ve rsal service oa ls and objectives. agellan Advisors LLC -Topeka, Kansas en/or Broadband planner/Senior Consultant -Mogel/an Advisors is o full-service consulting and technology ervices firm, specializing in telecommunications p/onnlng, deployment and management for public and rivote sector organizations. • • Statewide Broadband Planning Te/ca Financial Analysis, Acquisition Cases enior Consu ltant focused on Technology, Broadband Deployment and Government Serv ices. Performs echnical consu ltations in the specific areas of network Implementation and management, telecommunications services and Information security. Assists organizcitions in the development o f st rategi c rnanagement/technlcal plans focuslng on alignment of technology initiatives with that of t he business llnits. oord inate and manage Data/voice/video projects for clients to include the negotiation an d provision ing of • • Te/co Management & Operational Analysis Telecom Market Analysis & Surve/l/once arrier se rv ices from major t elecommunicat ions and up strea m providers. revitz Consu lting Services -Topeka, Kansas; 1994 -Present Independent Telecommunications Consu ltant -Mr. Brevitz has conducted numerous telecommunications • Telecommunications Trend ngagements for notional and international clients. Most recently, Mr. Brevitz completed work as the Project Analysis eader for the State of Florida an Strategic Planning for Florida Governmental Broadband Capabilities. Mr. • Cost of Service, TELRIC, LRIC and revitz hos provided expert t estimony an numerous issues including a number of tefco focal division spin -offs, FDC cquisitions and combinations, broadband and broadband competition, telecommunications competition, • stakeholder Interviews and 'ndustry and market structure, service bundles, s ubstitutability of VoIP and wireless for loco/ exchange Engagement ervice, resale, unbundled elements, TELRIC/cast studi es, network modernization, access charges, rate • Competitive Policy Development • Te/co Business Planning • Competitive Pricing Analysis • Interconnection Policy Certifications: esign, cost a llocations, universal service and other matters. niversity of Fl orida, Gainesville -2009 t o Present en/or Fellow, Public Utility Research Center -Mr. Brevitz hos been designated as o Senior Fellow by the ublic Utilities Research Center at the University of Florida. This designation is reserved for knowledgeable nd experienced professionals who foster strong ties to academia, industry, and government, who embody URC's values of respect, integrity, effectiveness and expertise, and who support PURC's mission to contribute to the development and availability of efficient utility services through research, education, nnd service. • C.F.A Certified Financial Analyst <CPR, Topeka -1987-1994 www.1nngdhm·aclvlso rs .co1t1 !rector of Regulatory Affairs-Duties included monitoring of and participating in state regulatory affairs on eholf of twenty independent local exchange companies in Kansas that compose the partnership oj CPR. Active participation in statewide industry committees in the areas of access charges, optional calling lans/EAS, educorionol interactive video, dual party relay systems and private line/specinl access merger. J J Page 25 of 36 150 Melanie Down ing -Project Management Analyst Education: University of Central Florida Orlando, FL Master of Arts in Technical Communication The University of Florida Gainesville, FL Bachelor of Arts in English Strengths: • Project Coordination and Implementation • Business Communication ond echnical communicator with over a decade of client relations experience. Expertise in creating, co ordinating, and implementing projects across a variety of fields from defense contracting to small business planning and start-up. M agellan Advisors, lLC Project Management Analyst -Magellan Advisors is a full -service consulting and technology services firm, pecializing In telecommunications planning, deploym ent ond management for public and private sector organizations. upports project management for pub/Jc and private initiatives on Broadband and Smart City planning. Collects, organizes, and Implements pertinent Information to meet needs of organizations and develop plans tailored ta fulfilling strategic goals. Provide resources to organizations pertinent ta alignment of goofs In technology initiatives ond developing policy for enhancing fiber infrastructure far Broadband and Smart City. Publication Methods Wonder Research • Doto Analysis • Research Sourcing • Resource Management Certifications • • Graduate Certificate of Professional Communication from University of Central Florida Busines s Writing Certificate from the University of Florida W\\1\'.1nn ~cll:u1 .. :ulvi~ors.nH1t Research Analyst -functions as a contracted third-party research associate for fulfillment of needs across a variety of fields to provide requested information for individuals and resources. nalyzed and organized commissioned Information to be provided to clients in re sea rch briefs. Sourced ond act checked data sets and relevant Information os means of citation within client project. Drafted, proofed, and completed all deflverob/es to meet the needs of individuals, organizations, and their constituents. Heartland Denta l Practice Manger of Operations -Heartland Dental Is a notio1iwide Health Care Support Organization roviding monogement, marketing, information technology, and human resources infrastructure to dental roviders for improved efficiency. Partnered with Dentists to manage three dental practices, consulting on improved patient experience, talent development, increased access to care, expense management, marketing strategies, and achieving rafitability. Implemented best business practices through collaboration with dentists and their teams. cted os o //oison between Heartland Dental and supported practices by ensuring satisfaction and succes s with company initiatives and systems. 12 Page 26 of 36 151 Magellan:J/I ADVISORS Scope of "Work Task l. Kick o ff l\ik c l.ing Magellan Advisors believes that a well-planned kickoff meeting is critica l to the comp letion of a successful Broadband Strategic Plan. We will conduct an onsite kickoff meeting to introduce the project, d iscuss goals, tasks, and processes for the best outcomes, and begin collecting information from stakeholders. While onsite, Mage llan's staff will conduct interviews of various departments throughout the City to understand each department's use of broadband and future demands for Smart City and other municipal operations. Magellan wi ll interview key stakeholders to gain insight into the current state of broadband ln Moorpark, including gaining an understanding of existing infrastructure, demand, and policies. Interviews with departments typically take 1 hour, but follow up sessions will be conducted onsite or virtually on an as -needed basis. Task 2 . Invc nlo ry o f Ex isting P roviders & Fib er O ptic Paths Using our industry contacts, Magellan will conduct an inventory of existing providers and fiber optic pat hs in Moorpark to supp lement the existing data from the Ridge Communications field survey. We will conduct a thorough ana lysis of where fiber-opt ic infrastructure exists and where providers are planning to deploy it in the future. We should expect that some private providers w ill not share their infrastructure maps for the project, but we find that in many cases, providers will cooperate in this in itiative as this collaboration often provides opportunities for them to better understand the local market. Furthermore, Magellan's work with neighboring communities such as the cities of Oxnard and Ventura have allowed us to ga in an understanding of much of the infrast ructure in the area. Our inventory wil l document fiber and copper networks, facilities, data centers, and related infrastructure in the City to determine how well the area is served by broadband . We will also work w ith the local providers to understand and document their current needs, as they too are stakeholders in the community. These discussions should lead to potential opportunities forthe City and private providers to define potential partnership opportunities in de li vering new broadband services to the region. Task :i . Gap A nalys is Based on the inventory of existing infrastruct ure, Magellan will develop a gap analysis that identifies the unserved and underserved areas in Moorpark. The ana lysis will determine locations where needs of businesses, community anchors, and municipal facilities are not being met by existing providers' infrastructure and identify where resources should be focused in order to meet those needs . Magellan's gap analysis will identif y the serv ices that are available, providers, service level, pricing, and access. We wi ll document all publicly owned and private ly-owned networks in Moorpark and research incumbent providers that currently serve the market. This information wi ll co me from a variety of sources, including our comprehensive broadband database, third -party research, and information obtained from the providers themselves. We wi ll then analyze the current market and delineate served, underserved and unserved areas. We will also work with the local providers to understand and document their current needs, as they too are stakeholders in the community. These discussions should lead to potentia l opportunities for the City and private providers to define potential partnership opportunities in delivering new broadband services to the region . Some of the features we will focus on in this analysis include: • Avai lab le infrastructure • Reliability • Redundancy • Access • Bandwidth • lnc lus ivity • Affordability • Symmetry "'""'·•11 a,i:c.ll n1 1-11dvirnrs .\·01 11 Page 27 of 36 152 Magellan(s ADVISORS T as k J.. Assc l Iu vc ulory We will conduct a comprehensive asset inventory of the City's current assets to determine its usefulness for new Smart City applications and broadband deployment. This assessment wil l give Moorpark a real istic assessment of opportun ities to use these assets as a foundation forfuture broadband programs. We believe that the following components should be ana lyzed at a minimum: • Vertical assets such as streetlight and traffic • Vault and handhole locations signal poles • Available and reserved capacity throughout the • Underground condu it, innerduct, empty and network available conduit • Construction and placement method po l icies • Fiber cables, strand counts, splice points, • Current as -builts and documentation terminations and uti lized strands • Terminating locations and City facilities We will work with the City's public works and utili ties departments to assess capital projects that may create opportun i ties to instal l conduit and fiber infrastructure in the future. We propose to review the long-term capital proj ects schedule and build a map that identifies the projects where broadband infrastructure could be installed over the 10-year period. In the absence of assets, Magellan will make recommendations for the City to acquire them. T ask 5. Plan for E11ga.gc 1m:11L for B madh aHcl Prov id e rs Magel lan assists commun ities in developing public-private partnerships that achieve the community goals . We help local governments use their public-sector capabi l ities and assets to attract broadband partners to deploy Gigabit Internet and other leading services to cit i zens and businesses . Magellan he l ps communities through the entire process, from developing the "ask" for communities, to managing the procurement process for broadband partners, to negotiating the terms of agreements, to managing the partnerships on behalf of communities. Through our deep industry contacts and experience, we help communities find the right providers to de li ver the services they need. Magellan will develop a plan that will assist Moorpark in investigating the opportunities for partnerships including public- private and public-public including the possibility of a mutually profitable partnersh i p with other local municipalities. Some of the key quest ions that we w i ll address i n this section inc l ude: • How might joint investment in broadband infrastructure be accomp l ished between the City and private sector organizations? • What legal and operational stru ctures should be considered by the City and private sector organizations in use of the proposed infrastructure? • How will Moorpark balance private sector goa ls of revenue growth and profitability with public goals of providing affordable and available broadband services across the City? • How will future system expansion be handled between Moorpark and private sector providers and what contributions will the parties make to this infrastructure? • How will the City maintain neutrality and open interconnection policies with private sector providers, promoting a competitive environment that benefits Moorpark's broadband user base? • How wi l l an oversight and management board be structured, who will seat the board and what powers and responsib ili ties wilf the board have to the project? T as k G. l<l <.:nt iJ irnti ou or Obslad cs Magellan's team will advise the City of Moorpark on obstacles to broadband deployment based upon a variety of factors including, but not limited to: • Existing infrastructure • Financial feasibility • Competitive markets • Political will • Existing service providers • State and federa l regulations \\"\'\\l,rn o'ldhu l-atl\isrn's.co1n 11 20 19 Mag..-11 :11 1 A <l visol's Page 28 of 36 153 Magellan~ ADV I SORS Because our consultants are also practitioners who have experience in deploying such networks, Mage ll an has a real understanding of the practical limitations of network deployment. This expertise allows us to assist the City in anticipating the c hall enges it might face and best practices for overcoming them. We will work with Moorpark to id ent ify and, when possible, mitigate these obstacles to ensure the success of the City's broadband strategy. Task 7 . ldc11Lili caLi o 11 o f An c hors Mage llan und erstands the critica l ity of anchors in successfully deploying broadband networks within communities. We wi ll work with the City of Moorpark to identify organizat ions that are major broadband consumers and assess their viability for justifying a business case for deployment. This task may include supporting the City in outreach efforts to these organizations to determine the current state of broadband, future needs, and other factors that may impact their choice in broadband services. We believe identifying these opportunities is key to attracting investme nt and will work with Moorpark to establish this information as a benefit to poss i ble partnership opportunities. Mage llan will also reach out to known and potential new service providers to ascertain their interest in providing new and upgraded services to anchor institutions and major businesses and employers. T ask 8 . .t\sscss lh c Ci ty's .'>G Rcadi11c ss As 5G deployment approaches, communities must be ready to meet the needs of their communities. Our team has worked with dozens of cities throughout California to prepare for the coming of 5G. Magellan understands the positive impacts of SG on economic vita l ity and will work with Moorpark to ensu re that residents and businesses have access to these wireless networks. As part of this strategic plan, we wi ll ad vis e the City on what specific actions it should take to prepare for SG and to promote SG deployment throughout the community. M agellan will review Moorpark's existing policies and procedures for address ing pole lea sing, permitting, encroachment and construction activities in the public right-of-way (PROW). These may include rev iew of existing Right of Way Management Standards and Guidelines, Antennae Ordinances, Zoning Ordinances and other policies related to the PROW. Mage ll an wil l prepare a set of recommendations for Moorpark to fo l low in preparation for the deployment of SG. T as k ~). Recomme nd P o li cies am! J\c 1io 11 s l<> P n >lll Ol C Broadh;u1d ;.u1d 5G Dc pl oy mc nl After assessing Moorpark's 5G readiness, our advisors w il l prov ide an action plan for promoting SG deployment. We believe the City should cons i der several policies including Dig Once, a wireless ordinance, w i reless communications facilities standards and guidelines, and a master licensing agreement (M LA). Using our know ledge of best-practice regulatory tools and operational gu idelines, we will advise Moorpark on a vari ety of actions and considerations, which may include: Po li ti cal Will • Engage councils, commissions and community stakeholders • Educate and ach i eve support from internal champions • Organize a diverse task force and project advocates Governance and Ownership • Create mechanisms for synchroniz i ng project budgets with Internal and External Policy Development Intern al Cooperat ion, Communi ca tion and Alignm ent • Assist in removing department silos • Establish partnerships -Public Works, Traffic Signals, Utilities, Planning, Economic Development, IT • Approval practices for right-of-way projects (public and private) and development of agreements Inte rn al Best Practice and Wo rkflow • Document and share municipal, utility and private sector assets • Invite private sector participation in public works projects • Utilize GIS for asset tracking, management and expans ion •Streamline excavation and pole permitting processes We have worked with cities throughout California and the US to develop and implement policies in preparation for SG deployment and are prepared to provide Moorpark with examp les of these1 including dig once policies, wireless ordinances, standards and gu id elines for wireless facilities, and master l icensing agreements. Page 29 of 36 154 Magellan~ ADVI SORS At the City's discretion, we will also conduct a study session on small cell, SG and d ig once best practices with Moorpark's management and leadership, or whoever the City feels is most appropriate to i nc lude, to assess and provide guidance for options for Moorpark to promote and prepare for SG deployment. T a sk LO . P rovide D c sig 11 l 11pu l 0 11 C ily's Civic Cen te r Pl an D cv c lop mc nl Mage l lan applauds the City's consideration of broadband in deve loping its Civi c Center Plan. In order to take a holistic, opportunistic approach to broadband planning, the Broadband Strategic Plan will incorporate design input on the Civic Center Plan's development. Based on our gap analysis, partnership opportunities, and, most importantly, extensive experience in deploying fiber-optic networks, we will prov i de i nput about how Moorpark can most efficient ly and effectively ensure that the Civ ic Center's connectivity requirements are met now and into the future. We believe that the fo llowing components should be analyzed at a min i mum: • Underground conduit, innerduct, empty and available condu it • Fiber cables, strand counts, splice points, term i nations and utilized strands • Vault and handhole locations • Available and reserved capacity throughout the network • Construction and placement method policies • Current as -builts and documentation Tas k I I . A ssess l h c City's Need fo r Sm~u t City J\.pp li caL ic>ns The array of Smart City applications available to cities is vast and growing. Magellan believes that cities should select the applications that w ill best meet their operational needs and capab i lities on a department-by-department ba sis. Our advisors will assist the City in making those selections by assessing the need for Smart City applications throughout all departments. While some municipa l functions may be significantly enhanced by such applications, others may not have a need for them. We will advise the City on a variety of options, which may include: Public WiFi • Location Aware Launch Pages • Sess ion Management • Income from Advertising • Promotion of Location and Space for Business • Secure Municipal Networks Smart Parking • Wire les s Mete rs • Real-tim e Parking Av ail a bility • Pay-on -Foot Devices • Smart Mobile Parking Apps • Parking Navigation • Dire ctional Si gns • Real-time Sign s • Credit Card Tran sa ctions Smart Transportation • Traffic Sig nal Syn ch • Transit Priority • HD Traffic Camera s • Transportation M anagement Ce nte r • Smart Bike Lane s Smart Public Safety • 4G & Wi-Fi Data • Mobile Strea ming Vid eo • HD Publi c Saf ety CCTV Ca m eras Smart Resources • Sanitation • Water Monitoring • Rubbish Disposa l Task 1 ~. Hcrnnunwcl J\.ct io us for the C ity lo Pre pa re for Sm ut City J\p p uca Lio ns Magellan will conduct a review across al l City departments to rank Smart City application s, identifying which provide the best benefits and those that prov ide the least benefits. We have used this method as a part of a toolkit in other cities and can provide example s of the tool kit and ma t rices, shou ld th e City request them. Ba sed on the requirements for these Smart City applications, Mage llan w i ll develop an action plan for th e City to prepare for them . We wi ll provide specifi c steps for Moorpark to take to be come a next generation Smart City. """'.m :igcl l ~1 1·ac l1 ·i sors.rnm 20 19 Mlll!c ll "n i\tlli sors Page 30 of 36 155 Magellan~ ADVISORS~ T as k 13 . ldcnlil)1 Fu11cliJ1g So urn:s We will explore funding options for the City, including leveraging strategic partnerships and the reinvestment of revenues received for the use of infrastructure in the public right-of-way into the City's broadband prog ram. We will also eva lu ate outside funding sources at the state and federal leve ls, providing an ana lysis of grant and loan opportunities that may be available to Moorpark, which may include th e use of economic development, transportation, PEG, CDBG, Measure M, CPUC, USDA Reconnect, Cal ifornia Advanced Services Fund (CASF), and other funding sources. T as k ill. Fin a l Slralcgic Plan Compila ti o n and Appro va l Process The cu lmin ation of the project will be a Broadband Strategic Plan that lays out the core strateg ies for Moorpark in deve lopment of its municipal and community broadband initiatives. The Plan will craft the most effect iv e strategies for the City to adopt to bring next-generation broadband to its community, leveraging the City's infrastructure, smart public policies and key partnerships among public and private organizations. Magellan will provide a Plan that details recommendations with actionable steps for the City to expand broadband and fiber infrastructure. Prior to finalizing, Magellan will provide the City of Moorpark with an opportunity to review the Plan and will work with the City to ensure that it is 100% representative of the needs of the City. We wil l also be availab le to the City to present to leadership, including City Counci l, for adoption of the Plan. 11·\\w.1 11ai;d la11»1thisors.co111 J 7 :lO I!) ~l:igcl l :m 1\1hisors Page 31 of 36 156 Magellan~ ADVISORS Pe rson I l o urs by Task Task De scr iption Classification Hours Total 1 Kickoff Meeting Project Executive 15 Projecl Manager 15 40 Resea rch Analyst 5 Pro1ect Analyst 5 2 lnvenlory of Ex isti ng Prov iders & Fiber Optic Paths Projecc Executive 5 Project Manage r 10 25 Research An alyst 5 Pro ject Analyst 5 3 Gap Ana lysis Project Executive 5 Project Manager 5 25 Research Analyst 10 Proiect Analyst 5 4 Asset lnvencory Project Executive 5 Project Manager 10 30 Research Analyst 10 Project Analyse 5 s Plan for Engagement for Broadband Providers Project Executive 10 Proiecc Manager 15 35 Research Analyst 5 Protect Analyst 5 6 Identification of Obstacles Pro1ect Executive 5 Project Manager 10 30 Research Analyst 10 Project Ana lyst 5 7 Identification of Anchors Project Executive 5 Project Manager 10 25 Research Analyse 5 Pro ject Analyst 5 8 Assess th e City's 5G Read iness Projec L Execut ive 5 Project Manager 10 40 Resea rch Analyst 20 Project Analyst 5 9 Recommend Policies and Actions to Promote Project Executive 5 Broadband and SG Deployment Project Manager 5 25 Research Analyst 10 Project Analyst 5 10 Provicfe Design Input on City's Civic Ce1ter Plan Project Executive 5 Development Project Manager 10 30 Research Analyst 10 Project Analvst 5 11 Assess the City's Need for Sman City Applications Project Executive 10 Project Manager 10 40 Research Analyst 15 Pro1ect Analyst 5 12 Recommend Act ions for the City to Prepare for Smart Project Executive 10 City App lications Project Manager 10 35 18 20 19 ~'1a1;cllru1 J\clvis<m Page 32 of 36 157 Resea rch Analyst 10 Proj ec t Analyst 5 13 Identify Fun din g Sou rces Project Executive 10 Project Manage r 10 30 Research Ana lyst 5 Pro jec t Analyst 5 14 Final Broadband St rateg ic Plan & App rova l Process Project Executive 10 Project Manage r 15 45 Research Analyst 10 Project Ana lvst 10 Project Total Proj ect Executive 105 Proj ect Manager 145 455 Researc h Analyst 130 Project Analyst 75 \\1'W.111agdl;u1-acl viso1~.ro 1 11 19 2019 Magclhu1 i\thisors Page 33 of 36 158 Magellan. ADVISORS Pr<~j e ct Sc h e dule Task Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Kickoff Meeting Inventory of Existing Providers & Fiber-Optic Paths Gap Ana lysis Asset Inventory Plan for Engagement with Broadband Providers Identification of Obstac les Identification of Anchors Assess the City's SG Readiness Recommend Policies & Actions to Promote SG Deployment Provide Design Input on Civ ic Center Plan Assess Need for Smart Applications Recommend Actions to Prepare for Smart City Applications Identify Funding Sources Final Broadband Strategic Plan """"magcllan-aclvisors.con1 20 20 19 Magellan i\clvi,ors Page 34 of 36 159 Cover Letter Brian Chung Assistant to the City Manager Moorpark City Manager's Office 799 Moorpark Avenue Moorpark, CA 93021 July 31, 2019 Dear Brian, Magellan~ ADVISORS Enclosed is Magellan Advisors' cost proposal for the City of Moorpark's Broadband Strategic Plan. The price for services is inclusive of all work as laid out in Magellan's response to the City's RFP. We have also included a budget for travel, which is to be billed separately as incurred, p lus a 10% admin istrative fee, and will not exceed $4,000 . Magellan will bill the City of Moorpark on the first day of the month for the previous month's services. Invoices are payable on net 30 terms from the date of invoice. Our rate for services is $21 O/hour. If additional services are required beyond the stated hours, Magellan will bill on an hourly basis or provide an additional quote for requested services . If you have any questions or we can be of assistance in any way, please feel free to contact me with any questions or comments. You can reach me directly at 818.312.7768 or jwolf@magellan-advisors.com . Sincerely, (/'1t!f Jory Wolf VP of Digital Innovation, Magellan Advisors 1vww .magell an-ad1~so rs.com 1 2019 Magellan Ad,~sors Page 35 of 36 160 Magellan!!/11 ADVISORS Cost of Services Task Hours Rate Cost Kickoff Meeting 40 $210/hr $8,400 Inventory of Existing Providers & Fiber-Optic Paths 25 $210/hr $5,250 Gap Analysis 25 $210/hr $5,250 Asset Inventory 30 $210/hr $6,300 Plan for Engagement with Broadband Providers 35 $210/hr $7,350 Identification of Obstacles 30 $210/hr $6,300 Identification of Anchors 25 $210/hr $5,250 Assess the City's 5G Readiness 40 $210/hr $8,400 Recommend Policies & Actions to Promote 5G $210/hr $5,250 Deployment 25 Provide Design Input on Civic Center Plan 30 $210/hr $6,300 Assess Need for Smart Applications 40 $210/hr $8,400 Recommend Actions to Prepare for Smart City $210/hr $7,350 Applications 35 Identify Funding Sources 30 $210/hr $6,300 Final Broadband Strategic Plan Compilation & Approval $210/hr $9,450 Process 45 Total Services 455 $210/hr $95,550 Travel $4,000 Total Not-to-Exceed $99,550 \VW\v.n1agell a.n-advisors .con1 2 20 19 Magell an Advisors Page 36 of 36 161 ATTACHMENT 2 RESOLUTION NO. 2019-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2019/20 BUDGET TO APPROPRIATE $99,550.00 FROM THE GENERAL FUND (1000) FOR PREPARATION OF A BROADBAND STRATEGIC PLAN WHEREAS, on June 19, 2019, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2019/20; and WHEREAS, a staff report has been presented to the City Council requesting approval of an agreement with Magellan Advisors, for preparation of a Broadband Strategic Plan, with total payment not to exceed $99,550.00; and WHEREAS, a budget amendment of $99,550.00 is requested from the General Fund (1000) to finance the cost of preparation of a Broadband Strategic Plan; and WHEREAS, Exhibit A, attached hereto and made a part hereof, describes said budget amendment and its resultant impact to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment adding $99,550.00 in expenditures to the General Fund (1000) to fund an agreement with Magellan Advisors for preparation of a Broadband Strategic Plan, is hereby approved, as more particularly described in Exhibit A, attached hereto. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of November, 2019. ________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 162 Resolution No. 2019-____ Page 2 BUDGET AMENDMENT FOR GENERAL FUND PREPARATION OF A BROADBAND STRATEGIC PLAN FY 2019/20 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount General Fund 1000-000-00000-33990 $99,550.00 Total $99,550.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Amendment Adjusted Budget 1000-611-00000-51000 $16,800.00 $99,550.00 $116,350.00 Total $16,800.00 $99,550.00 $116,350.00 EXHIBIT A 163