File #: A 24-447    Name: Spectrum Pacific West LLC Amend No. 3
Type: BoS Agreement Status: General Government - Consent
File created: 9/16/2024 In control: Board of Supervisors
On agenda: 10/1/2024 Final action:
Title: a. Authorize the Chief Information Officer or his designee to execute Amendment No. 3 to the non-standard Agreement with Spectrum Pacific West, LLC., by its Manager, Charter Communications, Incorporated, to continue to build, deploy, operate, and maintain broadband services to unserved and underserved areas in Monterey County extending the term through December 31, 2025; and b. Authorize the Chief Information Officer the option to extend the agreement up to three (3) additional amendments to this Agreement, extending the term by one year each, where the additional costs per year do not exceed ten percent (10%) of the cost of the prior year, subject to County Counsel review, and provided that the terms and conditions of the agreement remain substantially the same.
Attachments: 1. Board Report, 2. Agreement, 3. Amendment No. 1, 4. Amendment No. 2, 5. Amendment No. 3, 6. Completed Board Order Item No. 21
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Title

a. Authorize the Chief Information Officer or his designee to execute Amendment No. 3 to the non-standard Agreement with Spectrum Pacific West, LLC., by its Manager, Charter Communications, Incorporated, to continue to build, deploy, operate, and maintain broadband services to unserved and underserved areas in Monterey County extending the term through December 31, 2025; and

b. Authorize the Chief Information Officer the option to extend the agreement up to three (3) additional amendments to this Agreement, extending the term by one year each, where the additional costs per year do not exceed ten percent (10%) of the cost of the prior year, subject to County Counsel review, and provided that the terms and conditions of the agreement remain substantially the same.

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Authorize the Chief Information Officer or his designee to execute Amendment No. 3 to the non-standard Agreement with Spectrum Pacific West, LLC., by its Manager, Charter Communications, Incorporated, to continue to build, deploy, operate, and maintain broadband services to unserved and underserved areas in Monterey County extending the term through December 31, 2025; and

b. Authorize the Chief Information Officer the option to extend the agreement up to three (3) additional amendments to this Agreement, extending the term by one year each, where the additional costs per year do not exceed ten percent (10%) of the cost of the prior year, subject to County Counsel review, and provided that the terms and conditions of the agreement remain substantially the same.

 

SUMMARY:

The Information Technology Department (ITD) had solicited a Request for Proposal, Broadband Deployment, Operations, and Services (RFP #10819).  Spectrum Pacific West, LLC was awarded funds through the American Rescue Plan Act of 2021 (ARPA) utilizing this RFP.  ITD has an ongoing project with this vendor to build, deploy, operate, and maintain broadband services in unserved and underserved areas of Monterey County.

 

DISCUSSION:

Amendment No. 3 extends the term of the Agreement until December 31, 2025. While the current projects approved by the Board and funded through ARPA in the amount of $1,756,000 are expected to be completed by the end of 2024, this term extension will allow ITD to continue its broadband expansion partnership if future projects arise. All projects will be contingent upon budget approval, and the approval of this recommendation does not guarantee future funding for projects to this provider.

 

OTHER AGENCY INVOLVEMENT:

County Counsel has reviewed Amendment No. 3 to the non-standard Agreement with Spectrum Pacific West, LLC and approves as to form.  Auditor-Controller’s Officer reviewed the contract but does not agree to the non-standard payment provisions.

 

 

FINANCING:

The approval of this recommended action does not require any increases to the FY 24-25 approved budget. The total Agreement cost of $1,756,000 is funded by American Rescue Plan Act (ARPA) revenues. At the close of FY23-24, $1,207,500 of these funds had been expended, and the remaining amount was rolled over to the FY24-25 Adopted Budget for the Information Technology Department, ITD 1930, Appropriations Unit INF002.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

The continued collaboration and partnerships are expanding broadband access to close the digital divide throughout Monterey County.

 

_X_Economic Development

_X_Administration

_X_Health & Human Services

_X_Infrastructure

_X_Public Safety

 

Prepared by: Teresa Meister, Management Analyst II, 759-6938

 

Approved by:

 

 

 

_________________________________________________________________

Eric A. Chatham, Chief Information Officer                            Date

 

Attachments:

Agreement

Amendment No. 1

Amendment No. 2

Amendment No. 3