Title
Planning and Building Department, Economic Development and Administration Division, recommending the Board:
1) Approve and authorize the Chair to sign Amendment VI to competitively bid Agreement 4555 with NEO Fiber, Inc., doing business as Neo Connect, for as-needed, ongoing staffing assistance and consulting services in support of broadband connectivity in the County, extending the term of the Agreement by three (3) years for a revised expiration date of January 29, 2029, with no changes to the not-to-exceed or scope of work; and
2) Authorize the Purchasing Agent, or designee, to execute any further documents determined necessary related to Agreement 4555, including amendments which do not increase the not-to-exceed amount or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: General Fund - 100%.
Body
DISCUSSION / BACKGROUND
Based on the ongoing need for a consultant to provide grant writing and general broadband consulting services, staff recommends that the Board consider and approve an amendment to this Agreement. This proposed Amendment V extends the term of the Agreement by an additional three (3) years for a revised expiration date of January 29, 2029, with no changes to the not-to-exceed amount or scope of work. The continuation of these services will allow the County to strategically align its efforts through Neo Connect by utilizing their expertise on various broadband topics, including but not limited to, grant writing and submittals, policy and ordinance implementation, County-wide connectivity, and collaborative stakeholder engagement with other agencies and developers.
In addition to the changes noted above, other minor administrative changes to various articles were determined necessary and made throughout the Agreement. These changes included: updating the Notice to Parties article to update the County’s notice recipients; replacing the last paragraph of the Conflict of Interest paragraph to replace Exhibit C, “California Levine Act Statement”, with Exhibit C-1, “Updated California Levine Act Statement”; and updating the Contract Administrator article to reflect staff changes within the Department.
ALTERNATIVES
The Board may choose not to approve the proposed Amendment VI. This would result in the County being unable to retain the continued broadband consulting services under this Agreement, including assistance with California Public Utilities Commission (CPUC) Federal Funding Account (FFA) Last Mile Projects (Coloma, Garden Valley, Georgetown, and Indian Creek), assistance with future grant funding opportunities, and general broadband consulting services, which are vital for strategic alignment and the County’s successful broadband connectivity initiatives.
PRIOR BOARD ACTION
On April 25, 2017 (Legistar file 17-0442), the Board awarded Request for Proposals (RFP) 17-918-031 to Neo Connect to perform a Broadband Needs Assessment and Feasibility Study for the County and authorized the Purchasing Agent to negotiate and execute an agreement with a not-to-exceed amount of $150,000 for this project, with funding provided through the Federal Economic Development Administration (EDA) Grant and General Fund. Agreement 248 was subsequently executed on September 20, 2017.
Beginning on January 23, 2018 (Legistar file 18-0077), and concluding on December 17, 2019 (Legistar file 19-1821), and as part of the Broadband Needs Assessment and Feasibility Study, the Board received several presentations from Neo Connect and staff regarding planning efforts, financial analysis and options related to implementing a broadband strategy in the County, and projected capital costs and funding alternatives of implementing County-wide broadband. During this period, the Board approved two (2) additional amendments to Agreement 248: Amendment II was approved to extend the expiration date to December 31, 2018 (Legistar file 18-1190), and Amendment III was approved to increase the compensation amount by $23,993 for a not-to-exceed amount of $149,993 and extend the expiration date to June 30, 2019 (Legistar file18-1889). As part of the final presentation on December 17, 2019, the Board also authorized staff to negotiate and execute a new agreement with Neo Connect for as-needed, ongoing staffing support and consulting services related to broadband efforts and the County’s “Dig Once” policy for parallel conduit in County projects, and coordination with other agencies and developers on future projects. On January 30, 2020, the Purchasing Argent executed Agreement 4555 with Neo Connect for the provision of general broadband consultant services on an as-needed basis, with a not-to-exceed amount of $15,000 and a term of two (2) years.
On March 10, 2020 (Legistar file 20-0288), the Board approved the Purchasing Agent to negotiate and execute Amendment I to Agreement 4555, increasing the compensation amount by $35,882 for a not-to-exceed amount of $50,882, and expanding the scope of work to include researching what areas of the County would qualify for upcoming grant opportunities. Amendment I was subsequently executed on April 14, 2020.
On June 30, 2020 (Legistar file 20-0835), the Board received a presentation from Neo Connect and staff regarding broadband implementation grant opportunities and to evaluate the use of multiple funding sources for various grant matches and specific priority areas in the County. As part of this item, the Board also authorized the Purchasing Agent to negotiate and execute Amendment II to Agreement 4555, increasing the compensation amount by $30,000, for a total not-to-exceed amount of $80,882, and expanding the scope of work to include supporting staff with grant preparation. Amendment II was subsequently executed on July 8, 2020.
On January 4, 2022 (Legistar file 21-1150), the Board approved and authorized the Purchasing Agent to sign Amendment III to Agreement 4555, increasing the compensation amount by $80,882 for a total not-to-exceed amount of $160,882, and extending the expiration date by one (1) year for a revised expiration date of January 29, 2023.
On January 24, 2023 (Legistar file 22-2190), the Board approved and authorized the Chair to sign Amendment IV to Agreement 4555, increasing the compensation amount by $189,118 for a total not-to-exceed amount of $350,000, and extending the expiration date by three (3) years for a revised expiration date of January 29, 2026.
On August 9, 2024, the Purchasing Agent executed Amendment V to Agreement 4555, increasing the billing rates, with no changes to the not-to-exceed amount, term, or scope of work.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have approved the proposed Amendment VI.
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
Broadband consulting services are provided on an as-needed basis and will be paid for through the General Fund. Funding for these expenses has been included in the Department’s Fiscal Year 2025-26 budget, and funding for these services beyond Fiscal Year 2025-26 will be included in subsequent budgets accordingly.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board to obtain the Chair’s signature on two (2) original copies of Amendment VI; and
2) The Clerk of the Board to return one (1) fully-executed original Amendment VI to the Chief Administrative Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
Public Infrastructure
Priority: Implement Broadband Pilot Projects
Action: Conduct a review of the master plan, identify, and secure funding sources and begin design/construction.
CONTACT
Robert Peters, Deputy Director
Planning and Building Department