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CC - Approval of the First Amendment to the Consultant Agreement for Maintenance and Other Services Relating to the City’s Municipal Fiber Network with MOX Networks, LLC.
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Contact Person/Dept: John M. Nachbar, City Manager
Michele Williams, CIO/Information Technology Dept.
Phone Number: 310-253-6000
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (03/25/16); MOX Networks, LLC (Jason Misicka, Director of Sales on 03/21/16)
Department Approval: John M. Nachbar, City Manager (03/24/16)
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RECOMMENDATION
Staff recommends the City Council approve the First Amendment to the existing Consultant Agreement for Services relating to the City’s Municipal Fiber Network between the City of Culver City (City) and MOX Networks, LLC (MOX) related to maintenance and other services for the contemplated network.
BACKGROUND
Since 2013, staff has been consulting with the Culver City business community about their needs for enhanced broadband connectivity. On November 9, 2015, the City Council took several actions related to the design, development, operations, and maintenance of the Municipal Fiber Network (Network). The Network would, among other things, provide the necessary infrastructure to facilitate the provision of high-speed Internet service to the City organization (for municipal purposes), to qualified businesses in the target service areas, and to the Culver City Unified School District. One of the actions taken by the City Council on November 9, 2015 was the approval of the Consultant Agreement for Services Relating to the City of Culver City’s Municipal Fiber Network (Consultant Agreement) between the City and MOX, whereby MOX agrees to provide consulting services to the City with regard to the design and development of the Network.
DISCUSSION
After receiving City Council approvals on November 9, 2015, the Consultant Agreement was executed by the City and MOX on November 10, 2015, and staff immediately initiated the design and development of the Network. The Network is progressing on target with regard to both cost and schedule. Work is in progress toward completing the engineering, drafting, and design of the Network. Staff is planning to return to the City Council in May 2016 with an item for the City Council’s consideration to authorize the release of a Notice Inviting Bids (or similar document) for the construction phase of the Network.
The Consultant Agreement includes provisions which detail that MOX will provide all necessary and required ongoing services to the City to operate and maintain the Network in accordance with mutually agreeable terms to be set forth in a separate agreement. As the project team prepares to draft the documents for the construction phase, it was determined that it may be beneficial for the City to obtain maintenance services on a part or all of the Network from the construction contractor once the Network is constructed. Specifically, the maintenance of the physical infrastructure (fiber strands) could be provided by the vendor who installs the infrastructure for at least the first year after construction. It is reasonable that there may also be economies of scale achieved for the initial maintenance period since the contractor will be most familiar with the newly constructed Network.
Staff recommends the City Council approve the First Amendment in order to provide the City with the option of obtaining maintenance for the Network from either the construction contractor or another vendor(s). The proposed First Amendment (Attachment 1) delegates authority to the City Manager or his designee to make decisions with regard to the maintenance of the Network. Additionally, the proposed First Amendment grants administrative authority to the City Manager or his designee to act on behalf of the City, issue interpretations, waive provisions of and enter into further amendments to the Consultant Agreement so long as the actions do not change the fundamental uses of the proposed Network, substantially change the development of the Network, or increase the costs of the Network as approved by the City Council.
FISCAL ANALYSIS
No fiscal impact will result from approving the proposed First Amendment to the Consultant Agreement.
ATTACHMENTS
Proposed First Amendment to Consultant Agreement for Services Relating to the City of Culver City’s Municipal Fiber Network
RECOMMENDED MOTION(S)
That the City Council:
1. Approve the First Amendment to the Consultant Agreement for Services Relating to maintenance and other services for the City’s Municipal Fiber Network; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.