HomeMy WebLinkAboutAGENDA REPORT 2021 0203 CCSA REG ITEM 10GCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 3, 2021
ACTION Approved Staff Recommendation.
(Roll Call Vote: Unanimous). BY B.Garza.
G. Consider Agreement with Califa Group for the Provision of Advanced Network
Data Services for the Moorpark Library. Staff Recommendation: Approve
Agreement with Califa Group for the provision of advanced network data
services for the Moorpark Library, and authorize the City Manager to sign the
Agreement and subsequent related documents, subject to final language
approval of the City Manager. (Staff: Chris Ball) (ROLL CALL VOTE
REQUIRED)
Item: 10.G.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
BY: Chris Ball, Senior Management Analyst
DATE: 02/03/2021 Regular Meeting
SUBJECT: Consider Agreement with Califa Group for the Provision of Advanced
Network Data Services for the Moorpark Library
SUMMARY
Staff is recommending that City Council approve a new Agreement with Califa Group
(Califa) for the provision of a 100 megabits per second (Mbps) circuit to connect the
Moorpark Library to the California Research and Education Network (CalREN) high
speed broadband fiber optic network.
BACKGROUND
In 2016 the City was awarded a grant in the amount of $29,000 through the California
Public Library Broadband Grant Program that allowed the City to upgrade the Moorpark
Library network infrastructure to support high-speed broadband internet connectivity. In
February of 2016 the City also signed an Agreement with Califa that enabled the
Moorpark Library to connect to and utilize the CalREN high speed broadband fiber optic
network for the Library’s internet service.
The CalREN network is a state-wide high-capacity fiber-optic-based network that serves
over 20 million users working in California’s public-serving educational institutions,
including over 10,000 California public schools and school districts, 112 California
community colleges, and both the California State University and University of California
systems. The CalREN network is operated by the Corporation for Education Network
Initiatives in California (CENIC), a non-profit corporation whose stated goal is
“advancing education and research statewide by providing the world-class network
essential for innovation, collaboration and economic growth.” CENIC provides network
design, procures circuits, and maintains and monitors network connectivity. Califa is a
non-profit California library consortium that administers the program and coordinates
participation on behalf of California public libraries. Approximately 150 public libraries,
including the Moorpark Library, are currently connected to the CalREN network.
Item: 10.G.
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Honorable City Council
02/03/2021 Regular Meeting
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The current Agreement with Califa provides the Moorpark Library with access to a
100 Mbps circuit to connect the Library to the CalREN network. This circuit was
procured by CENIC and provided through the Agreement for a term of five years,
ending June 30, 2021. Although the Agreement was signed in 2016, it wasn’t until the
summer of 2018 that the equipment and circuit procurement and installation process
concluded and the connection to the CalREN network was completed. Prior to
connecting to the CalREN network, the Library shared a 20 Mbps internet connection
with the Civic Center (City Hall and the Community Center), resulting in notoriously slow
internet service for Library patrons. The connection to the CalREN network provided
the Library with markedly improved internet service, boosting wireless access and
enhancing the ability for patrons and library staff to access the internet, stream media
and create content.
DISCUSSION
In addition to operating the CalREN network, CENIC also arranges for various state and
federal discounts on telecommunications services for program participants. These
discounts include the federal E-Rate program and the California Teleconnect Fund
(CTF), which provide billions of dollars annually in discounts (or subsidies) for
telecommunications services for schools and libraries. These discounts are provided in
the form of rebates which are applied to the monthly telecommunication costs for
eligible participants. Approximately 80% of the Moorpark Library’s network connection
costs are offset by rebates provided through this Agreement.
The new Agreement with Califa provides for the continued use of a 100 Mbps circuit to
connect the Moorpark Library to the CalREN network. As before, the circuit has been
procured by CENIC for a five-year term, however the circuit costs under the new
Agreement are approximately 35% lower than current rates. A comparison of the
current rates and the rates under the new Agreement are illustrated in the table below.
Discounted Monthly Recurring Cost*
Current Agreement New Agreement Decrease ($) Decrease (%)
$182.75 $118.54 $64.21 35%
*Not including applicable taxes and surcharges
With completion of the new Moorpark City Library anticipated to occur during the five-
year term of the Agreement, staff has confirmed that the Agreement will be transferrable
to the new Library location. Additionally, the equipment that was installed to support the
broadband connection is scalable to accommodate higher connection speeds as
necessary to support services at the new facility.
In addition to executing a new Agreement with Califa for provision of the circuit, CENIC,
acting through Califa as the program administrator, may require other formal
documentation related to the City’s participation in the E-Rate consortium and the future
transfer of services to the new Library location. Therefore City Council is being asked to
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Honorable City Council
02/03/2021 Regular Meeting
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authorize the City Manager to serve as signatory for all matters related to the
administration of this Agreement.
FISCAL IMPACT
As noted in the Agreement, the total annual cost, including applicable discounts, is
estimated to be $1,422.48. However, this does not include applicable taxes and
surcharges, which can vary, but averaged approximately 17% in FY 19/20. Using this
as an estimate for future taxes and surcharges brings the estimated total annual cost for
Library internet service to approximately $1,664. No additional appropriation is
requested as adequate funding has been budgeted in the Library Operating Fund
(1010) for Fiscal Year 2020/21.
The anticipated costs to relocate the service to the new Library location will depend on a
number of factors. CENIC estimates its transfer charges to be approximately $6,000, in
addition to costs associated with physically relocating the connection. These costs will
be evaluated and budgeted for in future years as part of the new Moorpark City Library
project.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE)
Approve Agreement with Califa Group for the provision of advanced network data
services for the Moorpark Library, and authorize the City Manager to sign the
Agreement and subsequent related documents, subject to final language approval of
the City Manager.
Attachment: Agreement
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Master Agreement Page 1 of 7
AGREEMENT BETWEEN MOORPARK CITY LIBRARY AND CALIFA
FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Agreement”, is entered into as of July 1, 2021 by and
between Califa Group, a California public benefit corporation, hereinafter referred to as “Califa” and
Moorpark City Library, hereinafter referred to as “Library”. Califa and Library are sometimes referred
to in this Agreement individually as “Party” and collectively as “Parties”. All written communications
between the parties shall be addressed as follows unless and until amended in writing by the respective
party.
Moorpark City Library, City of Moorpark
Troy Brown
City Manager
799 Moorpark Ave.
Moorpark, CA 93021
Califa Group
Paula MacKinnon
Executive Director
330 Townsend St. Suite 133
San Francisco, CA 94107
WITNESS THAT
WHEREAS, Califa, on behalf of the California State Library, has contracted with CENIC to
provide high speed networking to libraries in California; and
WHEREAS, Library desires to contract with Califa to obtain one or more data circuits to
connect Library to the CENIC high speed broadband fiber network, CalREN, and, if specified in
appendix #1, attached, to connect Library to other library sites as identified in said appendix for
the purpose of connecting to CalREN.
NOW THEREFORE, Library and Califa enter into this Agreement:
1.Relationship between the Parties
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision
of communications and related network services to Library.
2.Services to be Provided
The primary communications infrastructure provided by CENIC is the California Research and
Education Network ("CalREN"). Among the services that CENIC will provide to Libraries
are use of CalREN and contracting for and provision of data circuits supplied by network service
providers.
ATTACHMENT
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Master Agreement Page 2 of 7
Califa, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and
their costs are included in the appendix attached. Califa will assure that CENIC notifies the Library
of installation requirements and necessary maintenance instructions. Neither CENIC nor Califa
shall be responsible for operating or maintaining software, equipment or cabling that connects
equipment not provided by CENIC for the services unless specifically agreed to in writing by
CENIC.
Library is responsible for analyzing the cost of any early termination penalties that might apply to
its existing connections.
If Library is currently getting E-rate funding for its existing services, Library remains responsible
for continuing to apply for those until all CENIC services are turned up and all legacy services are
canceled.
3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from July 1, 2021 until
the termination of all circuits ordered under this Agreement, or unless otherwise terminated
by a Party pursuant to the terms of this Agreement.
(b) TERMINATION. Termination prior to the end date of any given circuit shall result in
Library having to pay any circuit telecommunications carrier termination charges resulting
from early termination of the Service. Notwithstanding the above, upon a 60 day written
notice prior to the second and each following June 30 after a circuit is installed, Library may
cancel a circuit without penalty if funding to pay for that circuit is not available and Library
does not for at least 12 months after said notice order or otherwise obtain a replacement
circuit in place of the cancelled circuit.
(c) Library may terminate this agreement if non-recurring, one-time costs for all circuits
included in appendix 1 are increased by the telecommunications carrier from the amount
shown in appendix 1. See footnote for non-recurring charges in appendix 1 for more
information.
4. Payment
Payment for services shall be due within thirty (30) days of receipt of a Califa invoice reflecting
provision of the services for which the invoice is sent; or as otherwise agreed to by Library and
Califa. Except for non-recurring costs, if any, costs in Appendix I shall only begin upon installation
of circuit(s). Library will put forth reasonable efforts to make payments within thirty (30) days after
receipt of invoice. Unless otherwise agreed to between the Parties, all circuit deployment fees are
non-cancelable and nonrefundable, and any outstanding circuit deployment fees shall become due
and payable immediately upon termination.
5. Miscellaneous
(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy
located at https://cenic.org/network/policies/acceptable-use-policy and to any specific
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Master Agreement Page 3 of 7
conditions of use imposed by subcontractors providing communications services to CENIC
as may be in force at the time such services are made available per an Addendum to this
Agreement. If such conditions of use are modified library will be notified and if Library
believes it can no longer conform to their requirements, Library shall have one hundred
eighty (180) days to terminate the affected service without penalty. If Library does not elect
to terminate the service, Library must conform to the revised conditions of use or be subject
to termination of the service by CENIC.
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a
clause in an Addendum to this Agreement, the language in the Addendum shall take
precedence but only for the service defined in that Addendum.
(c) FORCE MAJEURE. Neither party will be responsible for performance of its obligations
hereunder where delayed or hindered by war, riots, embargoes, strikes involving third parties,
acts of Local Access Providers or of its vendors, or suppliers, acts of unrelated third parties,
accidents, cable cuts, act(s) of God or any other event beyond its reasonable control.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement.
(e) NON LIBRARY USES: Library understands that this agreement covers only library use of
CalREN and of circuits provided hereunder and Library agrees that no other uses will be
made of the services provided herein.
6. Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties
constitute the entire Agreement between the parties regarding the subject matter of this Agreement
and supersede all prior written or oral agreements with respect to such. This Agreement may not be
modified orally, and no modification shall be binding unless in writing and signed by authorized
representatives of both parties.
7. General Provisions
7.1 Nondiscrimination:
(a) During the performance of this Contract, Califa and its subcontractors shall not deny
the Contract’s benefits to any person on the basis of religion, color, ethnic group
identification, sex, age, physical or mental disability, nor shall they discriminate
unlawfully against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, physical handicap, mental disability, medical
condition, marital status, age (over 40) or sex. Califa shall insure that the evaluation
and treatment of employees and applicants for employment are free of such
discrimination.
7.2 It is expressly agreed and understood by the parties hereto that if any provision of this
Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed
to that extent to be omitted. However, the balance of the Agreement shall remain in full
force and effect.
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Troy Brown
City Manager
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Master Agreement Page 5 of 7
Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:
Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of Califa and the Library for
connecting CENIC’s fiber optic backbone to Library and for library connections that are not
direct connections to CENIC’s fiber optic backbone, e.g. direct connections between libraries.
Library understands that CENIC will bill Califa, and Califa will bill Library, for the costs of
circuits charged by network service providers, including any taxes and surcharges, and any one-
time installation fees from CENIC. Prior to approval of CENIC’s Library consortium E-rate
application by the FCC’s E-rate contractor, not all applicable E-rate and CTF discounts will be
reflected on invoices. After the E-rate application for any given year is approved, the network
service provider will coordinate with CENIC to provide appropriate credits and such credits will
be passed from CENIC to Califa and from Califa to the Library. Such credits are typically issued
sometime during the fiscal year after the year in which the circuits are installed and services are
first provided. In subsequent years, credits continue to be issued in the fiscal year after the year
for which services have been provided. Library further understands that the exact discounted
cost of circuits will not be known until after the E-rate consortium application is approved. The
actual start date of the service, and therefore of circuit costs, will be dependent on coordination
among CENIC, the Library and the network service provider. Any one-time (Non-recurring or
NRC) costs included below are typically invoiced by carriers prior to circuit installation and will
be invoiced to Library upon receipt of invoice to CENIC from carrier.
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Customer:Moorpark City Library
Budget Summary Description: Renewals of Year 2 Sites
Quote Date:FY21-22
Quote Expiration:
Contract Number:
Line Item NRC
Non-Recurring Cost
MRC
Monthly Recurring Cost
ARC
Annual Recurring
Cost
1 Equipment $0.00 $0.00 $0.00
2 Maintenance $0.00 $0.00 $0.00
3 Installation $0.00 $0.00 $0.00
4 Circuit $0.00 $592.70 -
5 Circuit Deployment Fee $0.00 $0.00 $0.00
Total $0.00 $592.70 $0.00
Annual Cost $7,112.40
E-rated Annual Cost†$1,422.48
Total First Year Cost $7,112.40
E-rated Total First Year Cost†$1,422.48
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices
at CENIC’s actual cost.
*If an Out of Band line is required, customer must provide a phone line for OOB or allow CENIC to order one and be
reimbursed for both the one-time installation and ongoing monthly recurring costs.
*NRC items are one-time costs billed upon execution of contract.
*MRC items are billed quarterly.
†E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was
generated. Actual discount percentage will be identified by the E-rate authorities at a later point
†E-rate and CTF reimbursements are dependent upon the continued funding of these programs. CENIC/Califa cannot
guarantee the E-rate and CTF discounts, and these discounts are subject to change.
†E-rate Costs may take up to 18 months to activate due to USAC processing time
Version: 2.0
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*Pricing does not include applicable taxes, surcharges,
and fees. These costs may vary and will be included in
invoices at CENIC’s actual cost.
E-rate discount: percent discount indicated is an estimate based on data available at the
time the quote was generated. Actual discount percentage will be identified by the E-rate
authorities at a later point
LOC A**Carrier Info E-rate Discount 60.00% Total Discounted MRC Total Discounted NRC
Site Name Site Name Service
Provider
Requested
Bandwidth
Est Contract End
Date
Non Recurring
Cost
MRC for 5 year
term Discounted NRC Discounted MRC $118.54 $0.00
Moorpark City Library - Moorpark City Hall CalREN
AT&T 100 Mbps 7/1/2026 $0.00 $592.70 $0.00 $118.54
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