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Home My WebLink AboutRESO 10114 6056632 1 Resolution No.10114 Resolution of the Council of the City of Palo Alto Adopting a Dark Fiber Rate Increase and Amending Rate Schedules EDF-1 (Dark Fiber Licensing Services), EDF-2 (Dark Fiber Connection Fees), and EDF-3 (Dark Fiber Licensing Services) The Council of the City of Palo Alto does hereby RESOLVE 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, 2023. 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, 2023. SECTION 3. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule EDF-3 (Dark Fiber Licensing Services) is hereby amended to read as attached and incorporated. Utility Rate Schedule EDF-3, as amended, shall become effective July 1, 2023. SECTION 4. 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. // // // // // // // // // // // DocuSign Envelope ID: FFEEABA3-F545-43A0-8588-28B562E00847 6056632 2 // SECTION 4. The Council finds that the adoption of this resolution increasing Dark Fiber utility 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 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 19, 2023 AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ___________________________ Assistant City Attorney City Manager ___________________________ Director of Utilities ___________________________ Director of Administrative Services DocuSign Envelope ID: FFEEABA3-F545-43A0-8588-28B562E00847 DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No EDF-1-1 Effective 07-01-20232 dated 7-01-20221 Sheet No. EDF-1-1 A. APPLICABILITY: This Rrate Sschedule applies to Ccustomer Aaccounts established prior to September 18, 2006, unless the Ccustomer elects to apply the EDF-3 rate to the entire Ccustomer Aaccount. This Rrate Schedule applies to Fiber Optic services Service from the City of Palo Alto Utilities (CPAU) pertaining to the City's network Dark Fiber Infrastructure and Fiber Optic (Backbone. and associated connections). B. TERRITORY: All territory wWithin 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………………………………………………………………. $432.32453.50/FMfiber mile/month (2) Quantity discount ……………………………………………………… $0 to $59.84/fiber mileFM/month (3) Buffer tube discount……………………………………………………….. $0 to $59.84/fiber mileFM/month (4) Route length discount…………………………………………………….. $0 to $77.80/fiber mileFM/month (5) Ring topology discount………………………………………………………$0 to $23.94/fiber mileFM/month (6) Length of term discount…………………………………………………… $0 to $46.80/fiber mileFM/month Minimum Backbone License Fee $685.90653.86/month Project Minimum Backbone License Fees apply to any project proposal signed after September 18, 2006 in which the project connects with the Fiber Optic 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 Customers contracting for complete rings. Term discount: based on an array of discounts for contracts Dark Optical Fiber Backbone License Agreement greater than one and less than ten years. 2. DARK FIBER LATERAL CONNECTION FEES: DocuSign Envelope ID: FFEEABA3-F545-43A0-8588-28B562E00847 DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No EDF-1-2 Effective 07-01-20232 dated 7-01-20221 Sheet No. EDF-1-2 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-$0.098/ft/month (2) Custom Cable Management Fees (for the first 12-Fibers) …………………… .......... $0.442/ft/month (3) Fees for additional Drop or Custom Cable fibers (each additional set of 12-Fibers) . $0.098/ft/month Minimum Drop or Custom Cable Management Fees .................................................. $338.91323.08/month Minimum Drop Cable Management Fees apply to any project proposal signed after September 18, 2006. DocuSign Envelope ID: FFEEABA3-F545-43A0-8588-28B562E00847 DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No EDF-1-3 Effective 07-01-20232 dated 7-01-20221 Sheet No. EDF-1-3 3. EARLY TERMINATION FEES: If the Licensee chooses to terminate for convenience the Dark Fiber Licensinge Agreement (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 Licensinge Agreement, the cCustomer’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 D.3 of this Rate Schedule. Discounts will not be modified by changes to CPI. 3. The CPI adjustment will be based on the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-San JoseHayward MSA, published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment is calculated by dividing the most recent calendar year’s 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 schedulechanges 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. {End} DocuSign Envelope ID: FFEEABA3-F545-43A0-8588-28B562E00847 DARK FIBER SERVICE CONNECTION FEES UTILITY RATE SCHEDULE EDF-2 CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No EDF-2-1 Effective 7-01-20232 dated 7-01-20221 Sheet No. EDF-2-1 A. APPLICABILITY: This Rate Sschedule applies to all connections, expansions, and upgrades to the City's Dark Fiber Infrastructure and network (Fiber Optic Backbone). B. TERRITORY: All territory within the incorporated limits of the City of Palo Alto 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 ..................................................................... $108332.00 (2) Special conditions (requiring expert assessment) ........................................................... By Estimate 2. ESTIMATED SERVICE CONNECTION AND RECONFIGURATION FEES All estimated Sservice connection and reconfiguration fees must be paid prior to the scheduling of any construction or reconnections to the City's Dark Fiber Infrastructure and Fiber Optic Backbonenetwork. (1) Service connection (Interconnection) fee ...................................................... By Estimate (2) Reconfiguration Fees ..................................................................................... 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 Sservice. 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 JoseHayward MSA, published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment is calculated by dividing the most recent calendar year’s 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 rate 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. 3. {End} DocuSign Envelope ID: FFEEABA3-F545-43A0-8588-28B562E00847 DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-3 CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No EDF-3-1 Effective 9-18-20067-1-2023 dated 9-18-2006 Sheet No.EDF-3-1 A. APPLICABILITY: This Rrate Sschedule applies to all Ccustomer Aaccounts created after September 18, 2006 and also may be elected at any time by Ccustomers with Dark Optical Fiber Backbone Licenseing Agreements in effect existing prior to that dateSeptember 18, 2006. This Rrate Sschedule applies to Fiber Optic Sservices from the City of Palo Alto Utilities (CPAU) pertaining to the City's Dark Fiber Infrastructure and Fiber Optic network (Backbone and associated connections). B. TERRITORY: All territory wWithin 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) Price for first fiber on public agency project routes may range between……… $213-$362/fiber mile/month a. Additional fibers used in the project on same route, per each .............. $142.00/fiber mile/month (2) Price for first fiber on non-public agency project routes may range between… . $250-$425/fiber mile/month a. Additional fibers used in the project on same route, per each .............. $166.67/fiber mile/month 2. DROP AND CUSTOM CABLE MANAGEMENT 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 also pay the applicable Drop or Custom Cable Management Fees based on the following: (1) Drop Cable Management Fees for public agencies (per 12 fiber drop)………… $179-$213/fiber mile/month (2) Drop Cable Management Fees for non-public agencies (per 12 fiber drop)…… $210-$250/fiber mile/month (3) Custom Cable Management Fees (first 12 fiber cable on a project route) .................. $0.25/ft/month (4) Custom Cable Management Fees (per additional 12 fiber cable on a project route)…….. $0.05/ft/month D. SPECIAL NOTES: 1. All fees must be paid to the City according to the terms of specifics in the Dark Optical Fiber Backbone License Agreement, the Ccustomer’s project proposals and all the applicable Utilities Rates, Rules, and Regulations. DocuSign Envelope ID: FFEEABA3-F545-43A0-8588-28B562E00847 DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-3 CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No EDF-3-2 Effective 9-18-20067-1-2023 dated 9-18-2006 Sheet No.EDF-3-2 2. All fees are subject to change by the City of Palo Alto Council. {End} DocuSign Envelope ID: FFEEABA3-F545-43A0-8588-28B562E00847 Certificate Of Completion Envelope Id: FFEEABA3F54543A0858828B562E00847 Status: Completed Subject: DocuSign: Resolution 10114 Source Envelope: Document Pages: 8 Signatures: 6 Envelope Originator: Certificate Pages: 2 Initials: 0 Vinhloc Nguyen AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Vinhloc.Nguyen@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 6/26/2023 5:12:42 AM Holder: Vinhloc Nguyen Vinhloc.Nguyen@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Aylin Bilir Aylin.Bilir@CityofPaloAlto.org Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/26/2023 5:14:53 AM Resent: 6/27/2023 9:01:58 AM Viewed: 6/27/2023 10:07:42 AM Signed: 6/27/2023 10:09:42 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kiely Nose Kiely.Nose@CityofPaloAlto.org Director, Administrative Services/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 6/27/2023 10:09:44 AM Viewed: 6/27/2023 3:10:09 PM Signed: 6/27/2023 3:10:15 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dean Batchelor Dean.Batchelor@CityofPaloAlto.org Director of Utilities City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/27/2023 3:10:16 PM Viewed: 6/27/2023 3:36:07 PM Signed: 6/27/2023 3:36:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 166.198.34.9 Signed using mobile Sent: 6/27/2023 3:36:31 PM Viewed: 6/27/2023 3:38:13 PM Signed: 6/27/2023 3:38:39 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Lydia Kou Lydia.kou@cityofpaloalto.org Council Member Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 98.207.160.72 Sent: 6/27/2023 3:38:40 PM Viewed: 6/27/2023 6:39:34 PM Signed: 6/27/2023 6:40:01 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org Acting City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/27/2023 6:40:03 PM Viewed: 6/28/2023 9:23:34 AM Signed: 6/28/2023 9:23:41 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/26/2023 5:14:53 AM Envelope Updated Security Checked 6/27/2023 7:47:03 AM Envelope Updated Security Checked 6/27/2023 7:47:03 AM Envelope Updated Security Checked 6/27/2023 7:47:04 AM Envelope Updated Security Checked 6/27/2023 7:47:04 AM Envelope Updated Security Checked 6/27/2023 7:47:04 AM Envelope Updated Security Checked 6/27/2023 7:47:04 AM Envelope Updated Security Checked 6/27/2023 7:47:04 AM Certified Delivered Security Checked 6/28/2023 9:23:34 AM Signing Complete Security Checked 6/28/2023 9:23:41 AM Completed Security Checked 6/28/2023 9:23:41 AM Payment Events Status Timestamps