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Home My WebLink AboutRESO 9523DocuSign Envelope ID: 7F406D1 E-AOD5-4025-AD4B-70939563FE4D Resolution No. 9523 Resolution of the Council of the City of Palo Alto Adopting a Dark Fiber Rate Increase by Amending Rate Schedules EDF-1 (Dark Fiber Licensing Services) and EDF-2 (Dark Fiber Connection Fees) RECITALS A. The City of Palo Alto administers three different fiber rates. Fiber Rate schedule EDF-1 applies to customers with fiber optic licenses that began prior to September 18, 2006, and is closed to new customers. Fiber rate schedule EDF-2 applies to customer engineering, construction and connection expenses. Fiber rate schedule EDF-3 applies to customers who obtained licenses since 2006. B. The original Council-approved Dark Fiber Licensing Agreement annually increases both the EDF-1 and EDF-2 rates by the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-San Jose Metropolitan Statistical Area (CPI). EDF-3 has no CPI adjustment factor. C. The last time Council adopted a resolution incorporating CPI-adjusted rates into the EDF-1 and EDF-2 rate schedules was June 16, 2014 [Resolution 9428]. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule EDF-1 (Dark Fiber Licensing Services) is hereby amended to read as attached and incorporated. Utility Rate Schedule EDF-1, as amended, shall become effective July 1, 2015. SECTION 2. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule EDF-2 (Dark Fiber Connection Fees) is hereby amended to read as attached and incorporated. Utility Rate Schedule EDF-2, as amended, shall become effective July 1, 2015. SECTION 3. The Council finds that the revenue derived from the adoption of this resolution shall be used only for the purpose set forth in Article VII, Section 2, of the Charter of the City of Palo Alto. SECTION 4. The Council finds that the adoption of this resolution increasing dark fiber rates by the Consumer Price Index to meet operating expenses, purchase supplies and materials, meet financial reserve needs and obtain funds for capital improvements necessary to maintain service is not subject to the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Sec. 21080(b)(8) and Title 14 of the California Code of Regulations Sec. 15273(a). After reviewing the staff report and all attachments presented to 052715 sdl6053325 1 DocuSign Envelope ID: 7F406D1E-AOD5-4025-AD4B-70939563FE4D Council, the Council incorporates these documents herein and finds that sufficient evidence has been presented setting forth with specificity the basis for this claim of CEQA exemption. INTRODUCED AND PASSED: June 15, 2015 AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH NOES: ABSENT: ABSTENTIONS: ATTEST: ~ ~f----l . City Clerk ~{lAta-... M or APPROVEDASTOFORM: APPROVED: QDocuSigned by: &•1t!trlf 39E7298FB2064DB ... Senior Deputy City Attorney City Manager ~:i::'f~~ 1 D583588F83E412 ... Director of Utilities ~DocuSigned by: L:~ P~,,. B2ADF35ED7C5496 ... Director of Administrative Services 052715 sdl6053325 2 DocuSign Envelope 10: 7F406D1 E-AOD5-4D25-AD4B-70939563FE4D DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 A. APfLICABILITY: This rate schedule applies to customer accounts established prior to September 18, 2006, unless the customer elects to apply the EDF-3 rate to the entire customer account. This rate applies to Fiber Optic services from the City of Palo Alto Utilities (CPAU) pertaining to the City's network (Backbone and associated connections). B. TERRITORY: Within the incorporated limits of the City of Palo Alto and land owned or leased by the City. C. FEES: 1. DARK FIBER BACKBONE LICENSE FEES: The values or ranges for each of these price components are shown below: (1) Fiber Price......................................................................... $345.35/FM/month (2) Quantity discount .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $0 to $59.84/FM/month (3) Buffer tube discount.. ............................................................... $0 to $59.84/FM/month (4) Route length discount.............................................................. $0 to $77.80/FM/month (5) Ring topology discount ............................................................... $0 to $23.94/FM/month (6) Length of term discount............................................................ $0 to $46.80/FM/month Minimum Backbone License Fee ...................................................................................... $522.32/month Project Minimum Backbone Fees apply to any project proposal signed after September 18, 2006 in which the project connects with the Backbone. Description for Discounts: Quantity discount: based on an array of discounts for quantities of fiber licensed on a specific path. Buffer tube discount: discount for numbers of full buffer tubes licensed on a specific path. Route length discount: based on the route length licensed on a specific project. Ring topology discount: The ring topology discount for customers contracting for complete rings. Term discount: based on an array of discounts for contracts greater than one and less than ten years. 2. DARK FIBER LATERAL CONNECTION FEES: Customer responsibilities and fees for drop and custom cable construction are described in the CPAU Rules and Regulations, Rate Schedule EDF-2, project proposals and other associated documents. In all cases, the Licensee shall pay an annual Drop/Custom Cable Management Fee based on the follow per foot fees: (1) Drop Cable Management Fees (for the first 12-Fibers) ................................. $0.03-$0.07/ft!month (2) Custom Cable Management Fees (for the first 12-Fibers ). .. .. .. .. .. .. .. . .. .. .. .. .. ... $0.33/ft/month (3) Fees for additional Drop or Custom Cable fibers (each additional set of 12-Fibers) $0.07/ft/month Minimum Drop or Custom Cable Management Fees ........................................................ $258.09/month Minimum Drop Cable Management Fees apply to any project proposal signed after September 18, 2006. CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No EDF-1-1 dated 7-01-2014 ~\I/~ """ ;;.;" -~ CITY OF PALO ALTO " UTILITIES Effective 07-01-2015 Sheet No. EDF-1-1 DocuSign Envelope ID: 7F406D1 E-AOD5-4D25-AD4B-70939563FE4D DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 3. EARLY TERMINATION FEES: If the Licensee chooses to terminate for convenience the License Agreement or the term of any project under the License Agreement, then the Licensee shall pay the applicable termination payment as specified in this schedule or in the License Agreement, as provided below. Unless otherwise provided in the License Agreement, the Licensee shall pay a termination fee in one of the following amounts, whichever is less: • Annual fee of the contract year that the Licensee chooses to terminates in full without term discounts, or • Remaining fees of the project term as indicated in the License Agreement. D. SPECIAL NOTES: 1. All fees must be paid to the City in accordance with the terms of the Dark Fiber License Agreement, the customer's project proposals and all the applicable Utilities Rates, Rules, and Regulations. 2. All fees and minimum charges are subject to Consumer Price Index (CPI) adjustments, to be applied annually, except as defined by Section DJ of this Rate Schedule. Discounts will not be modified by changes to CPl. 3. The CPI adjustment will be based on the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose MSA, published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment is calculated by dividing the most recent calendar year December CPI by the December CPI in the year rates last changed. In the event that the change between December CPI's indicates an adjustment of less than 1% is required, a change to rate schedules may not be made for the upcoming year. Future rate changes will take the last year of change as the new base year for purposes of calculation. CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No EDF-1-2 dated 7-01-2014 ~\I/~ .....,; :;..-'" -~ CITY OF PALO ALTO UTILITIES {End} Effective 07-01-2015 Sheet No. EDF-1-2 DocuSign Envelope ID: 7F406D1 E-AOD5-4D25-AD4B-70939563FE4D DARK FIBER SERVICE CONNECTION FEES UTILITY RATE SCHEDULE EDF-2 A. APPLICABILITY: This schedule applies to all connections, expansions, and upgrades to the City's Dark Fiber network (Backbone). B. TERRITORY: All territory within the incorporated limits of the City and land owned or leased by the City. C. FEES: 1. ADVANCE ENGINEERING FEES: Advance engineering (AER) fees must be paid to start the engineering process and are non-refundable. The fees will be credited against the estimated project cost prior to the collection of the project construction fees. (1) Commercial/Industrial AER minimum fee ................................................................... .. $825.00 By Estimate (2) Special conditions (requiring expert assessment) .......................................................... . 2. ESTIMATED SERVICE CONNECTION AND RECONFIGURATION FEES All estimated service connection and reconfiguration fees must be paid prior to the scheduling of any construction or reconnections to the City's Dark Fiber network. (1) Service connection (Interconnection) fee .................................................... .. (2) Reconfiguration Fees .................................................................................... . By Estimate By Estimate Labor rates are subject to change as stated in the Utility Rate Schedule C-1. D. NOTES: 1. The Customer is responsible for the installation and maintenance of all ducts and pathways from the facility to the property line in compliance with City of Palo Alto Utilities Rules and Regulations and contract agreements. 2. The City shall not be held liable for delays or interruptions in service, but will make reasonable efforts to provide timely continuous service. 3. All fees are subject to Consumer Price Index (CPI) adjustments, to be applied annually. The CPI adjustment will be based on the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland- San Jose MSA, published by the U.S. Department of Labor, Bureau ofLabor Statistics. The adjustment is calculated by dividing the most recent calendar year December CPI by the December CPI in the year rates last changed. In the event that the change between December CPI's indicates an adjustment of less than 1% is required, a change to rate schedules may not be made for the upcoming year. Future rate changes will take the last year of change as the new base year for purposes of calculation. CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No EDF-2-1 dated 7-01-2014 ~\I/~ -....; ~ -~ CITY OF PALO ALTO '\ UTILITIES {End} Effective 7-01-2015 Sheet No. EDF-2-1 Docu~ iilse<:I.IIU!I Certificate Of Completion Envelope Number: 7F406D1 EAOD54D25AD4B70939563FE4D Status: Completed Subject: Please DocuSign these documents: RESO 9523 Final Att x RESO Fiber Rate Adoption EDF 1 and EDF 2 b ... Source Envelope: Document Pages: 5 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Record Tracking Status: Original 7/13/2015 4:45:38 PM PT Signer Events Amy Bartell Amy.Barteii@CityofPaloAito.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/14/2015 6:50:21 AM PT ID: 73bed8e3-5b60-48e4-9adc-fb3aa6876ff9 Lalo Perez Lalo.Perez@CityofPaloAito.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/14/2015 7:58:10 AM PT I D: 4db83b3c-949c-497 4-a0bc-3adbf143995d Valerie Fong Valerie.Fong@CityofPaloAito.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/14/2015 8:23:10 AM PT ID: c6cfad4e-48f2-42c6-972b-f66ab534d225 James Keene james.keene@cityofpaloalto.org City Manager City of Palo Alto Security Level: Email, Account Authentication (None) ' Electronic Record and Signature Disclosure: Accepted: 4/14/2015 5:40:07 PM PT ID: 44fe333a-6a81-4cb7-b7d4-925473ac82e3 In Person Signer Events Editor Delivery Events Signatures: 4 Initials: 0 Holder: Kim Lunt kimberly.lunt@cityofpaloalto.org Signature ra:~··;:M LooB4BF317E9342B ... Using IP Address: 199.33.32.254 "DoGuSigned by: ~~ {), .. ,. B2ADF35ED7C5496 ... Using IP Address: 166.170.39.71 Signed using mobile ~~~df~~ 1D583588F83E412 ... Using IP Address: 199.33.32.254 Using IP Address: 199.111.1.65 Signature Status Envelope Originator: Kim Lunt 250 Hamilton Ave Palo Alto, CA 94301 kimberly .lunt@cityofpaloalto.org IP Address: 199.33.32.254 Location: DocuSign Timestamp Sent: 7/13/2015 4:48:55 PM PT Viewed: 7/14/2015 6:50:21 AM PT Signed: 7/14/2015 6:51:12 AM PT Sent: 7/14/2015 6:51:14 AM PT Viewed: 7/14/2015 7:58:10 AM PT Signed: 7/14/2015 7:58:44 AM PT Sent: 7/14/2015 7:58:46 AM PT Viewed: 7/14/2015 8:23:10 AM PT Signed: 7/14/2015 8:23:31 AM PT Sent: 7/14/2015 8:23:33 AM PT Viewed: 7/23/2015 11:29:58 AM PT Signed: 7/23/2015 11:30:06 AM PT Timestamp Timestamp