HomeMy WebLinkAboutAGENDA REPORT 2023 0607 CCSA REG ITEM 10JCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 7, 2023
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
J. Consider Agreement with Columbia Telecommunications Corporation dba CTC
Technology and Energy for the Provision of Advanced Network Data Services for
the Moorpark City Library. Staff Recommendation: Approve Agreement with
Columbia Telecommunications Corporation, dba CTC Technology and Energy for
the provision of advanced network data services for the 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, Senior
Management Analyst)
Item: 10.J.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Chris Ball, Senior Management Analyst
DATE: 06/07/2023 Regular Meeting
SUBJECT: Consider Agreement with Columbia Telecommunications Corporation
dba CTC Technology and Energy for the Provision of Advanced
Network Data Services for the Moorpark City Library
BACKGROUND
The California State Library (CSL) Broadband Services Project is a program initiated and
overseen by the CSL with the objective of establishing connectivity between California’s
public libraries and the California Research and Education Network (CalREN). CalREN
is a state-wide high-capacity fiber-optic-based network that serves the majority of
research and education institutions in the state. The network is operated by the
Corporation for Education Network Initiatives in California (CENIC), a non-profit
corporation that provides network design, and procures, maintains and monitors network
infrastructure and connectivity.
In 2016, the City was awarded a Broadband Service Project grant in the amount of
$29,000 to upgrade the Moorpark City Library’s network infrastructure to support high-
speed broadband connectivity. The Library network upgrades and circuit connection
were completed in 2018, providing the Library with a 100 Mbps data circuit to connect to
the CalREN network. Prior to connecting to CalREN 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 CalREN
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. The Library is one of 887 public libraries currently connected to
CalREN through this program.
Eligible program participants also receive significant discounts on telecommunication
services. These discounts are provided in the form of rebates which are applied to the
monthly telecommunication costs. Approximately 80% of the Moorpark Library’s network
connection costs are offset by rebates provided through this program.
Item: 10.J.
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Honorable City Council
06/07/2023 Regular Meeting
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DISCUSSION
While the CSL oversees the CSL Broadband Services Project, program administration,
including contracting for data circuits and managing grants and discounts related to the
project, is handled by a sub-contracted Statewide Broadband Access Administrator
(Administrator). Prior to 2022, the Califa Group (Califa), a nonprofit library consortium,
served as Administrator. In 2016, as part of the Library’s network upgrade, the City
entered into a five-year agreement with Califa for provision of a 100 Mbps data circuit to
connect the Library to CalREN. In 2021, the City executed a new five-year agreement
with Califa for the continued provision of the data circuit through June 30, 2026. In March
of 2022 the CSL transferred the role of Administrator to Columbia Telecommunications
Corporation, dba CTC Technology and Energy (CTC). To maintain short-term continuity
of service, in June of 2022 the City executed a novation agreement with Califa transferring
responsibility for the provision of the Library’s data circuit to CTC.
CTC is now requesting that the City execute a new agreement, effective July 1, 2023
through June 30, 2026, that would supersede the prior agreements with Califa and
formalize CTC’s role as the Administrator for the City’s 100 Mbps data circuit connecting
the Library to CalREN. This includes not only procurement of the data circuit, but also
management of the program discounts. Under the new contract with CTC there is no
change to the data circuit currently provided to the Library or the applicable term, service
rates and discounts. With completion of the new Moorpark City Library anticipated to
occur within the contract term, staff has confirmed that the Agreement will be transferrable
to the new Library location.
As was the case under the prior agreements with CENIC, various other periodic
authorizations and document submittals are required of the City in order to maintain
eligibility and receive discounts on network services. Therefore, in addition to requesting
approval of the Agreement with CTC for provision of advanced network data services,
staff is requesting that the City Council authorize the City Manager to serve as signatory
for all matters related to administration of the Agreement.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no further environmental review is required.
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 have averaged approximately 14% in Fiscal Year (FY)
2022/23. Using this as an estimate for future taxes and surcharges, brings the estimated
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Honorable City Council
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total annual cost for Library internet service to approximately $1,620.00. No additional
appropriation is requested as adequate funding has been budgeted in the Library
Operating Fund (1010) for FY 2023/24.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve Agreement with Columbia Telecommunications Corporation, dba CTC
Technology and Energy for the provision of advanced network data services for the
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 with Columbia Telecommunications Corporation, dba CTC
Technology and Energy
273
Master Agreement Page 1 of 8
AGREEMENT BETWEEN CITY OF MOORPARK AND COLUMBIA
TELECOMMUNICATIONS CORPORATION
FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Agreement”, is entered into as of _________________ by
and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy,
hereinafter referred to as “CTC” and City of Moorpark public library, hereinafter referred to as
“Library”. CTC 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
CTC Technology and Energy
Heather D. Mills
Vice President, Grant & Funding Strategies
10613 Concord Street
Kensington, MD 20895
hmills@ctcnet.us
WITNESS THAT
WHEREAS, CTC, is the Statewide Broadband Access Administrator for the California State
Library Broadband Services Project (“Project”); and
WHEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation
for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high
speed networking to libraries in California; and
WHEREAS, Library desires to enter into an agreement with CTC 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 CTC enter into this Agreement:
1. Purpose
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 under the Project.
2. Services to be Provided
Parties understand that the primary communications infrastructure provided by CENIC is the
California Research and Education Network ("CalREN"). Services that CENIC will provide to
Libraries will include use of CalREN and contracting for and provision of data circuits supplied by
network service providers.
ATTACHMENT
274
Master Agreement Page 2 of 8
CTC, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and
their costs are included in the Appendix #1 attached which may be amended from time to time by
mutually signed Addenda (“Services”). CTC assures Library that CENIC or CTC will notify
Library of installation requirements and necessary maintenance instructions. Neither CENIC nor
CTC shall be responsible for operating or maintaining software, equipment or cabling that connects
equipment or network services not provided by CENIC for the Services unless specifically agreed
to in writing by CENIC.
Parties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or
the network service provider to deliver Services, or otherwise comply with the terms as described in
this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is
not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss
appropriate remedies including but not limited to cancellation of related services or service credits
as specified in the underlying agreements between CENIC and its network service provider and
CTC and CENIC.
Library is responsible for calculating and paying any early termination penalties that might apply
due to cancellation of existing connections so that it may receive Services under this Agreement.
Library is responsible for completing, signing, and submitting any required Letter of Agency, or
related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to
authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of
Agency for the purpose of securing E-rate discounts.
Library is further responsible for completing, signing, and submitting any responsible Letter of
Authorization, or related documentation, to the California Public Utilities Commission to authorize
CTC and CENIC to act on its behalf to submit an application and supporting documentation for the
purpose of receiving discounts on eligible network services as part of the California Teleconnect
Fund program.
If Library is currently receiving E-rate funding for its existing services, Library remains responsible
for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing
E-rate supported services are canceled.
3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from July 1, 2023 until
the termination of all Services including the circuits ordered under this Agreement (as
defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this
Agreement), or unless otherwise terminated by a Party pursuant to the terms of this
Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend
on the specific date such circuit is “handed off” to Library pursuant to Appendix #1 or
subsequent Addenda or as noticed in writing by CENIC to Library.
(b) TERMINATION. Termination of this Agreement prior to the end date of any given circuit,
as described in Appendix #1 or subsequent Addenda, shall result in Library paying any
applicable circuit telecommunications carrier termination charges or similar early termination
charges that CTC incurs under its agreement with CENIC resulting from early termination of
the Service.
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Master Agreement Page 3 of 8
(c) Notwithstanding the above, upon a sixty (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 it
verifies to CTC and CENIC that funding to pay for that circuit is not available and Library
agrees that for at least 12 months after said notice it will not order or otherwise obtain a
replacement circuit or substantially similar services in place of the cancelled circuit.
(d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all
circuits included in Appendix #1 and any subsequent Addenda are materially increased by
the telecommunications carrier from the amount shown in Appendix #1.
(e) CTC may terminate this Agreement or assign its rights and responsibilities under this
Agreement to a third party upon no less than sixty (60) day written notice to Library, in the
event of termination or expiration of its duties and obligations under the Project and with
written approval of the California State Library.
4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of
a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise
agreed to by Library and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any
subsequent Addenda 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. Library
understands and agrees that CTC will only make payment to CENIC for services upon receipt of
related payments from Library. If Library fails to make payments within thirty (30) days after
receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its
agreement with CENIC.
Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in
Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of
this Agreement, or any Services provided under this Agreement, any outstanding circuit
deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination
charges, and applicable early termination penalties, 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 (revised September 13,
2004) and to any specific conditions of use imposed by network service providers or
subcontractors providing communications services to CENIC as may be in force at the time
such services are made available, including pursuant to an Addendum to this Agreement. If
CENIC, subcontractors, or network service provider 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 from the notice of the modification to
terminate the affected Service(s) without penalty. Library must provide a 30-day written
notice of its termination under this provision to CTC and CENIC. If Library does not elect to
terminate the Service(s), Library must conform to the revised conditions of use. If Library
fails to conform to the revised conditions of use, the Services may be subject to termination
upon sixty (60) day notice to Library from CTC or CENIC.
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Master Agreement Page 4 of 8
(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 only for the service defined in that Addendum.
(c) FORCE MAJEURE. Neither Party shall be responsible for performance of its obligations
hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving
third parties, acts of third party communications service providers, including any local access
provider, or of their vendors, or suppliers unrelated to the services offered under this
Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to
services provided under this Agreement, natural disasters, act(s) of God or any other event
beyond the reasonable control of the Parties.
(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 or amendment shall be binding unless in writing and signed by
authorized representatives of both parties.
7. General Provisions
7.1 Nondiscrimination: During the performance of this Agreement,
(a) CTC and its subcontractors shall not deny the Agreement’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.
(b) CTC shall ensure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination.
7.2 Severability: 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.
7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be
exclusive and are in addition to any other rights and remedies provided by law.
7.4 Prior Agreements: Library agrees that any prior agreements entered into between any
entity that previously served as the Broadband Administrator and the Library for the
purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant
to that program has been terminated.
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Master Agreement Page 5 of 8
8. Indemnification. Library agrees to indemnify, defend and save harmless CTC, its, officers, agents
and employees from any and all claims, losses, and liabilities accruing or resulting to CTC and any
and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation
furnishing or supplying work services, materials or supplies in connection with the performance of
this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by Library in the performance of this Agreement, but
only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for
injury or damages are caused by or result from the negligent or intentional acts or omissions of
Library, its officers, agents, or employees. CTC agrees to indemnify , defend, and save harmless
Library, its trustees, officers, agents and employees from any and all liabilities accruing or resulting
to Library and any and all contractors, subcontractors, suppliers, laborers and any other person, firm
or corporation furnishing or supplying work services, materials or supplies in connection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting to any
person, firm or corporation who may be injured or damaged by CTC in the performance of this
Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees,
or claims for injury or damages are caused by or result from the negligent or intentional acts or
omissions of CTC, its officers, agents, or employees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective duly authorized representatives.
For Library For Columbia Telecommunications Corporation
Signature Signature
Troy Brown Joanne S. Hovis
Name Name
City Manager President
Title Title
Date Date
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Master Agreement Page 6 of 8
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 CTC 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
(defined as “Services” in the Agreement). Library understands that CENIC will bill CTC, and
CTC will bill Library, for the costs of circuits charged by network service providers, including
any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC’s E-rate
Consortium Library Application, 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 CTC and from CTC 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 Library 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 the network
service provider.
279
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
Master Agreement Page 7 of 8 280
*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
Master Agreement Page 8 of 8 281