Review Agenda Item
Meeting Date: 12/22/2022 - 5:30 PM
Category: Report of the Committee on Accountability, Finance, and Personnel
Type: Action
Subject: 12. Action on Request to Waive Administrative Policy 3.09(9)(e) and Extend a Contract with Charter Communications Operating, LLC
Strategic Plan Compatibility Statement:
Goal 3
Effective and Efficient Operations
Attachments Original Contract and First Extension
File Attachment:
1. C030339, Charter Communications Operating, LLC, Original Contract.pdf
2. C030339 Charter Communications Operating LLC First Extension.pdf
Background: The Administration is requesting authorization to extend the 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.
This contractor was chosen pursuant to RFP 1062. The original contract provided for four one-year options to extend upon mutual agreement. This will be the FIRST extension of this contract.
This contractor was chosen pursuant to RFP 1062. The original contract provided for four additional one-year extensions to be exercised solely at the discretion of MPS. This will be the first one-year extension.

This contract extension will run from July 1, 2023 through June 30, 2024. It is anticipated that E-rate will pay an estimate 90% of the amount deemed E-rate eligible for Leased Metro Ethernet Services. The total cost of the contract in this extension year will not exceed $1,458,715.

RFP 1062 Leased Metro Ethernet Services
*$181,685 of total costs are ineligible under E-rate. As such, the 90% E-rate share is based on total E-rate eligible costs of $1,277,028.

Upon the Board’s approval, the District will sign the contract extensions prior to filing E-rate applications. The Administration will make a request for funds to pay contract costs during the FY 23-24 budget process.
Fiscal Impact Statement: Budget Code:
PIN-0-0-TLN-DW-ETEL……(E-Rate Contracts) ……$1,458,715
Implementation and Assessment Plan Upon approval by the Board, the contract will begin as indicated in the attachment.
Recommendation: Your Committee recommends that the Board waive Administrative Policy 3.09(9)(e) and issue the contract as set forth in the attachment to this item.
Recommended By:
Signed By:
Jacqueline M. Mann, Ph.D. - Board Clerk/Chief Officer