Review Agenda Item
Meeting Date: 12/16/2021 - 5:30 PM
Category: Reports and Communications from the Superintendent of Schools
Type: Action
Subject: 3. Action on Request to Waive Administrative Policy 3.09(9)(e) and Issue a Contract with Charter Communications Operating, LLC for eRate Services
Strategic Plan Compatibility Statement:
Goal 3
Effective and Efficient Operations
Policy: Admin Policy 3.09 - Purchasing and Bidding Requirements
Attachments Action on a Request to Waive Administrative Policy 3.09(9)(e) and Issue a Contract with Charter Communications Operating, LLC for eRate Services: Proposed Award and Supporting Documents
File Attachment:
1. C030339 Charter Communications Professional Services Contract.pdf
Background: The Administration is requesting authorization to waive the three-year term limit of Administrative Policy 3.09(9)(e) and enter into a contract with Charter Communications Operating, LLC for Leased Metro Ethernet Services.

The E-Rate program (“E-rate”), administered by the Federal Communications Commission (“FCC”), provides discounts on eligible telecommunications services and products for eligible schools and libraries. Discounts are available through an application process. The District has participated in this program since its inception in 1998.

E-Rate is governed by the Telecommunications Act of 1996 and the corresponding rules promulgated by the FCC, as well as subsequent guidance and rule changes issued through FCC Orders. E-Rate is administered by the FCC’s contractor, the Schools and Libraries Division (“SLD”) of the Universal Service Administrative Company (“USAC”). The District must strictly adhere to the FCC’s rules and Orders, and sufficient funding must be available for E-Rate funding to be granted. The most significant requirements are 1) the selection of the winning vendor via a competitive procurement where price is the primary factor, and 2) resulting contracts must be fully executed before submitting applications for funding requests to the SLD.

The competitive RFP was issued in September and was posted for the requisite time period required by E-Rate rules. It is anticipated that E-Rate will pay an estimated 90% of the amount deemed E-Rate eligible for Leased Metro Ethernet Services.

Given the significant amount of work required to implement a new vendor for these complex services, the Administration requests a waiver of Administrative Policy 3.09(9)(e), to allow for the possibility of contract terms longer than three years. The contracts will run from July 1, 2022, through June 30, 2023 (the “Initial Term”) with four additional one-year options to extend. The Administration will return to the Board each year to request authorization.


RFP 1062 Leased Metro Ethernet Services
TOTAL CONTRACT AMOUNT: $1,439,987.
ANTICIPATED E-RATE REIMBURSEMENT:
$1,277,028.
ANTICIPATED MPS SHARE:
$162,959.*

*$21,068 of the total costs are ineligible under E-rate. As such, the 90% E-rate share is based on total E-rate eligible costs of $1,418,920.

Upon the Board’s approval, the District will sign the contracts prior to filing E-Rate applications. The Administration will make a request for funds to pay its share of the contract costs during the FY22-23 budget process.
Fiscal Impact Statement: PIN-0-0-TLN-DW-ETEL ....(E-Rate Contracts)...$1,439,987

HUB PARTICIPATION
Required ……………………………………………0%
Proposed ……………………………………………N/A
$ Value …………………………………………….N/A
STUDENT ENGAGEMENT (hours per 12-month contract)
Paid Student Employment-Hour Commitment: 0
Student Career-Awareness Commitment: 0
Implementation and Assessment Plan Upon approval by the Board, a Contract will be executed as indicated in the attachments.
Recommendation: The Administration recommends that the Board authorize the waiver of Administrative Policy 3.09(9)(e) and approve the contract for Charter Communications Operating, LLC as set forth in the attachments to this item.
Approvals:
Recommended By:
Signed By:
Luther Albinger - Coordinator I
Signed By:
Jiquinna Cohen - Supplier Diversity Analyst I
Signed By:
Janine Adamczyk - Manager I, Procurement
Signed By:
Martha Kreitzman - Chief Financial Officer
Signed By:
Keith Posley, Ed.D. - Superintendent