Loading...
HomeMy WebLinkAboutItem 08 - MOU for Underground Utility Conduit Infrastructure with the County of SLO Department Name: Admin and IT Cost Center: 1101 For Agenda of: November 17, 2020 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Lynn Wilwand, Administrative Analyst SUBJECT: MEMORANDUM OF UNDERSTANDING FOR UNDERGROUND UTILITY CONDUIT INFRASTRUCTURE WITH THE COUNTY OF SAN LUIS OBISPO RECOMMENDATION Approve and authorize the Deputy City Manager or their designee to execute the Memorandum of Understanding (MOU) for Underground Utility Conduit Infrastructure with the County of San Luis Obispo (Attachment A). DISCUSSION Information Technology staff from the City and the County meet periodically to share information and determine ways in which collaboration would be beneficial. During one of these meetings, the County expressed a need for additional fiber cable to connect County sites. The City has also expressed a need for an off-site disaster recovery site. As such, City and County IT staff created a plan that would fulfill both the City’s and the County’s needs. The plan is detailed in the Memorandum of Understanding (MOU) between the County and the City and allows (at no-cost to either party) the City to share data center facilities at the County for a disaster recovery site, provides the City access to new County installed fiber, and allows the County to install new fiber optic cable in the City’s existing underground conduit connecting to other County fiber cable. As part of this project, the County will also be replacing an existing obsolete fiber cable between the 842 Palm Parking structure and the City Hall data center for increased capacity. Specifically, the County will install new fiber optic cable along Stenner Creek Road connecting existing County fiber optic cable located at the City Water Treatment Plant to existing County fiber optic cable located at the intersection of State Highway 1 and Stenner Creek Road. This will connect to new County fiber optic cable being installed at the corner of Walnut and Osos Streets in the City of San Luis Obispo. To save on construction cost, the County will use the City’s existing underground utility conduit infrastructure that runs along the intended path of new fiber to be installed by County within the City of San Luis Obispo. In return, the County has granted the City use of rack space at their data center located at 976 Osos. An additional offsite backup location ensures that the City is able to maintain critical City operations in the event that one of the City’s other locations goes offline due to a disaster (e.g. fire, flood, earthquake, etc.). Packet Page 95 Item 8 In addition, secure secondary copies of all City backups are stored in this location as part of the City’s strategy to combat ransomware threats. The MOU grants the County a no-cost, nonexclusive license to use certain specified City conduit for the purpose of installing fiber optic cable within the conduit for use by the County in exchange for: 1) No-cost server and network rack space occupancy by the City within the County Datacenter and 2) No-cost County-installed fiber at Stenner Creek Road. Sharing data center facilities at the County Data center and Underground Utility Conduit Infrastructure at no-cost to either party provides numerous benefits and cost savings to the public. Cost estimates for the City to get the same amount of rack space at a commercial co - location facility would cost approximately $43,000 per year, which would have been cost prohibitive for the City. This partnership allows the City to further its disaster recovery goals without that additional cost. The cost of alternative construction options for the County would have added significant cost to their construction budget. CONCURRENCE Public Works has reviewed this report and concur with the recommendation. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: No Budget Year: Funding Identified: No Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund -0- -0- -0- State Federal Fees Other: Total -0- -0- -0- This project aligns with the Fiscal Sustainability and Responsibility Major City Goal. Packet Page 96 Item 8 There are no costs associated with approval of the MOU. The impact of this project to City staff will be minimal, (staff hours are estimated at less than 20 and covered by operating budget) as the project is being managed by the County. ALTERNATIVES Do not approve the MOU. This would incur costs to provide the City with an off-site disaster recovery site. Attachments: a - Draft MOU for Underground Utility Conduit Infrastructure Packet Page 97 Item 8 County of San Luis Obispo Fiber Project Underground Utility Conduit Infrastructure MOU Page 1 of 7 MEMORANDUM OF UNDERSTANDING OF THE UNDERGROUND UTILITY CONDUIT INFRASTRUCTURE FOR THE COUNTY of SAN LUIS OBISPO FIBER PROJECT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO This Memorandum of Understanding (MOU) is entered into on ___________________________ by and between the County of San Luis Obispo (County) and City of San Luis Obispo (City) regarding the use of City’s existing underground utility conduit infrastructure by County for installation of new fiber optic cabling as part of the County of San Luis Obispo Fiber Project. RECITALS WHEREAS, the County seeks to install new fiber optic cable along Stenner Creek Road in the unincorporated portion of San Luis Obispo County, connecting existing County fiber optic cable located at the City Water Treatment Plant to existing County fiber optic cable located at the intersection of State Highway 1 and Stenner Creek Road that will connect to new County fiber optic cable being installed at the corner of Walnut and Osos Streets in the City of San Luis Obispo. WHEREAS, the County seeks to install new fiber optic cable within the City’s corporate boundaries from the corner of Walnut and Osos Streets to the County main datacenter located at 976 Osos St. (hereinafter, “County Datacenter”) in the City of San Luis Obispo, as depicted on Exhibit ’A’ attached hereto and incorporated herein. WHEREAS, the City has existing underground utility conduit infrastructure that runs along the intended path of new fiber to be installed by County within the City of San Luis Obispo and is currently used for a City-wide fiber optic network, as well as street and signal lights. WHEREAS, the County and the City desire to create a working relationship which will enable mutually beneficial conduit occupancy within portions of the City and the County of San Luis Obispo. WHEREAS, the City has agreed to grant the County a no-cost nonexclusive license to use certain specified City conduit for the purpose of installing fiber optic cable within the conduit for use by the County in exchange for: 1) no-cost server and network rack space occupancy by the City within the County Datacenter and 2) no-cost County-installed fiber at Stenner Creek Road. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Definitions The following terms, whether used in the singular or plural, when used in this MOU and initially capitalized, shall have the meaning specified below. Packet Page 98 Item 8 County of San Luis Obispo Fiber Project Underground Utility Conduit Infrastructure MOU Page 2 of 7 1.1. Cable – the fiber optic cable, the fiber contained therein, and associated splicing connections and enclosures. 1.2. Conduit – a structure, usually underground, which may contain one or more fiber optic, electrical, or other communication and signaling cables. 1.3. Fiber – a filament of dielectric material designed for the purpose of light-wave transmission. 1.4. Datacenter – a physically secure and environmentally controlled facility with redundant electrical and emergency backup power used for the purpose of centrally housing computer data servers, storage devices, and network connectivity for organizational enterprise operations. 1.5. Manhole – a subsurface enclosure which qualified personnel may enter and use for the purpose of installing, operating, and maintaining cable in the Underground Utility Conduit Infrastructure. 1.6. Underground Utility Conduit Infrastructure – existing underground conduits constructed by the City including any combination of conduits, manholes, hand holes, and vaults joined to form an integrated whole. Installed and incorporated with the conduits are both buried and at-grade pull boxes, junction boxes, mule tape, buried warning tape, and tracer wire. 2. Beneficial Purpose of Use of Underground Utility Conduit Infrastructure Both the County and the City recognize that sharing datacenter facilities at the County Datacenter and Underground Utility Conduit Infrastructure at no-cost to either party provides numerous benefits and cost savings to the public. 3. Terms Upon agreeing to this MOU, both the County and the City agree to adhere to the terms as follows: 3.1. Construction - Any construction work completed by the County for the benefit of the County will comply with all prevailing wage laws. Any construction work completed by the City for the benefit of the City will comply with all prevailing wage laws. 3.2. Ownership of Underground Utility Conduit Infrastructure – The City will maintain ownership of existing Underground Utility Conduit Infrastructure. New conduit installed by the County to provide fiber optic cable egress to County Datacenter will be owned by the County once built. 3.3. Access to Underground Utility Conduit Infrastructure – The County shall be granted access to specified existing City Underground Utility Conduit Infrastructure for the purpose of installing new fiber optic cable for use by County. 3.4. Granting of Rights and Authority. The County and the City grants certain rights to each party herein described. The County and City will work to meet the needs of each party to the maximum degree possible. The City Information Technology Manager reserves the final decision on all matters related to County use of the existing City Underground Utility Conduit Infrastructure. The County Information Technology Director reserves the final decision on all matters related to City occupancy and City equipment located within the County Datacenter. Either party may bring any final decisions made respectively by the City and County to their respective boards/councils for discussion. 3.5. County’s Use. Subject to the provisions of this MOU and any other applicable state law, federal law, and local law, the County is granted a license to use specified City conduit within the existing Underground Utility Conduit Infrastructure along the pathway of new fiber optic cabling to be installed by the County from the corner of Walnut and Osos Streets to the County Datacenter as Packet Page 99 Item 8 County of San Luis Obispo Fiber Project Underground Utility Conduit Infrastructure MOU Page 3 of 7 delineated in Exhibit ‘B’. County will remove, at County’s sole cost, specified City fiber optic cabling, as delineated in Exhibit ’B’ from the existing Underground Utility Conduit Infrastructure and replace it with new fiber optic cabling, at County’s sole cost. The new fiber optic cabling will be owned by County upon installation, consistent with section 3.2. City will own the six (6) strands of new fiber optic cabling to be installed by County between the City parking booth and existing splice case at intersection of Morro and Palm streets. 3.6. City’s Use. Subject to the provisions of this MOU and any other applicable state law, federal law, and local law, City is granted occupancy in the County Datacenter and permitted to install and operate City network and computer hardware therein. City will be granted access to new conduit installed by County as delineated in Exhibit ‘B’ for purposes of an alternate access path to the County Datacenter and will be responsible for the installation of new City fiber to be used for alternate access. At no cost to the City, County will replace an existing City Manhole located near AT&T Pole #16 at Stenner Creek Road with a larger Manhole and install new conduit between the existing City and County Manholes. County will install twelve (12) strands of new fiber optic cable between the existing County and City Manholes which will be spliced into existing City fiber optic cables as delineated in Exhibit ’C’. 3.7. Operation, Maintenance and/or Replacement. The City is responsible for all costs for the operation, maintenance, repair, and/or replacement of the City’s existing Underground Utility Conduit Infrastructure, except as provided below. The County is responsible for the operation, maintenance, repair, and/or replacement of the County’s fiber optic cabling being installed in the City Underground Utility Conduit Infrastructure as well as any damage to the City’s existing Underground Utility Conduit Infrastructure caused by such installation. County is responsible for maintenance, repair, and/or replacement of the new conduit installed by County. City is responsible for operation, maintenance, repair and/or replacement of the City’s network and computer hardware located in the County’s datacenter, and City will be responsible for operation, maintenance, repair and/or replacement of the City’s fiber within the County conduit. 3.8. Modification. Modifications altering this MOU shall only be affected by written amendments between the County and the City. 3.9. Effective Date. The effective date of this MOU is the date signed by both parties and shall remain in effect indefinitely unless either party decides to terminate this MOU or if the City Underground Utility Conduit Infrastructure becomes defunct and is non-operational and will not be rebuilt. 4. Termination. This MOU shall continue in effect for a term of fifteen (15) years. If either party chooses to terminate this MOU, the party must furnish written notice to the other party at least six months (180 days) prior to termination. Alternatively, this MOU may be extended for up to three additional five (5) year terms upon the request and mutual agreement of City and County. Each party shall be responsible for all costs and services incurred under this MOU up to the date of termination. 4.1. Force Majeure. Performance of any obligations by either party under this MOU will be excused if prevented or delayed by floods, earthquakes, other acts of God, war, strikes, other labor difficulties, or other causes beyond either parties’ control. 4.2. Relationship of the Parties. The relationship between the County and City shall not be that of partners, agents, or joint venture for one another, and nothing contained in this MOU shall be deemed to constitute a partnership or agency license between them for any purposes, including, but not limited to, federal income tax purposes. Packet Page 100 Item 8 County of San Luis Obispo Fiber Project Underground Utility Conduit Infrastructure MOU Page 4 of 7 4.3. Assignment. The provisions of this MOU shall apply to and bind the successors and assigns of the respective parties, but no assignment or transfer of this MOU, or any part hereof or interest herein, shall be valid until and unless approved by both parties. 4.4. Counterparts/Fax Delivery: This MOU may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. The MOU may be duly executed and delivered by a party by execution and facsimile of the signature page of a counterpart to the other party. 4.5. Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing as follows: 5. Indemnification. To the fullest extent permitted by law, each party shall indemnify, defend, and hold harmless the other party and the other party’s officers, partners, agents, employees, and volunteers from and against all claims, demands, damages, l iabilities, loss, costs, and expense (including attorney’s fees and costs of litigation) of every nature arising out of or in connection with the indemnifying party’s performance or non-performance of any obligation or duty provided for or relating to this MOU, except such loss or damage which was caused by sole negligence or willful misconduct of the potential indemnitee. TO COUNTY: _______________________________ Daniel Milei Information Technology Director County of San Luis Obispo 976 Osos St., Rm 400 San Luis Obispo, CA 93408 TO CITY: _______________________________ Greg Hermann Deputy City Manager City of San Luis Obispo 990 Palm St. San Luis Obispo, CA 93401 Packet Page 101 Item 8 County of San Luis Obispo Fiber Project Underground Utility Conduit Infrastructure MOU Page 5 of 7 EXHIBIT A San Luis Obispo County Datacenter, 976 Osos Street, San Luis Obispo, CA 93401 Packet Page 102 Item 8 County of San Luis Obispo Fiber Project Underground Utility Conduit Infrastructure MOU Page 6 of 7 EXHIBIT B Fiber optic cabling pathway using City Underground Utility Conduit Infrastructure highlighted in green. New County-installed conduit highlighted in orange. Existing 12 strand multi-mode City fiber to be removed by County from Underground Utility Conduit Infrastructure and replaced with new 48 strand County fiber highlighted in dashed blue. Existing 6 strand multi-mode City fiber to be removed by County from Underground Utility Conduit Infrastructure and replaced with new 12 strand City fiber highlighted in dashed black. Packet Page 103 Item 8 County of San Luis Obispo Fiber Project Underground Utility Conduit Infrastructure MOU Page 7 of 7 EXHIBIT C Vicinity of City of San Luis Obispo Water Treatment Plant, Stenner Creek Road, San Luis Obispo Existing City manhole to be replaced by County and owned by City highlighted in green. New County installed conduit and 12 strand fiber optic cabling highlighted in orange. Packet Page 104 Item 8