HomeMy WebLinkAboutAgr 2021-09-15 (Magellan Advisors Broadband)Town of Tiburon 9/2021 1 Agreement for Professional Services
TOWN OF TIBURON 1505 Tiburon Boulevard, Tiburon, CA 94920
AGREEMENT FOR PROFESSIONAL SERVICES
TOWN OF TIBURON-BROADBAND STRATEGIC PLAN
September 15, 2021
This Professional Services Agreement (the "Agreement") is dated September 15, 2021, and is by and between the Town of Tiburon, a public body of the State of California ("Town") and Magellan Advisors (Consultant), a Colorado Limited Liability Corporation relating to Professional Consulting Services (“Services").
RECITALS:
WHEREAS, Government Code section 53060 permit the Town to enter into agreements for professional services with individuals specially trained and experienced and competent to perform those services; and
WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, stipulated and agreed, the parties agree as follows:
AGREEMENT:
1.DESCRIPTION OF CONSULTANT’S SERVICES. Services are as described in Magellan AdvisorsProposal, Exhibit 1, summarized as follows:
•Consultant will complete a Broadband Strategic Plan for the Town of Tiburon per theproposal attached as Exhibit 1.
2.COMPENSATION FOR CONSULTANT’S SERVICES. Compensation for the Services shall be(select one):
[ X ] Lump Sum of $ ______93,450.00________, with progress payments as detailed in the proposal attached as Exhibit 1; or
[ ] Time and materials, per schedule of rates and charges included in Exhibit 1, with a guaranteed not to exceed price of $ .
3.EFFECTIVE DATE AND TERM.
The effective date of this Agreement is September 15, 2021 and it shall terminate no later than June30, 2022.
4.PERSONNEL SUPPLIED FOR CONSULTANT’S SERVICES. Consultant shall use only thepersonnel listed below (resumes attached) in performing the Services. (If subconsultants are used,list the firm, personnel and attach resumes).
_______See list of Key Personnel included in proposal attached as Exhibit 1._________________
5.TERMS AND CONDITIONS. Consultant shall perform the Services identified herein, in accordance
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Town of Tiburon 9/2021 2 Agreement for Professional Services
with the terms and conditions of this Agreement, including without limitation, terms regarding Compensation, Schedule, Personnel, Annex “A” Agreement Terms and Conditions, and Annex
“B” Insurance. Consultant acknowledges its opportunity to negotiate such terms and conditions.
6. LIMITATIONS. Changes made to printed Terms and Conditions on this Agreement are null and void unless approved in writing by the Town.
7. USE OF AGREEMENT. The Agreement number must appear on all invoices and correspondence.
Send invoices in duplicate to Town of Tiburon, Accounts Payable, 1505 Tiburon Boulevard, Tiburon, CA 94920, immediately upon performance.
8. For purposes of this Agreement, Town and Consultant shall direct all communications to each other as follows:
Town: Greg Chanis, Town Manager Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Phone: (415) 914-5646 Email: gchanis@townoftiburon.org Consultant: Melanie Downing Project Management Analyst Denver Place- 999 18th Street Denver, CO 80202 (321)-544-5022 MDowning@Magellan-Advisors.com
IN WITNESS WHEREOF the parties have executed this Agreement in duplicate as of the dates identified below.
TOWN OF TIBURON: CONSULTANT:
Greg Chanis, Town Manager
[Signature of Consultant]
Date:
[Please print name of Consultant] ATTEST:
Lea Stefani, Town Clerk
Title:
APPROVED AS TO FORM AND PROCEDURE: Date: ________________________________
Benjamin Stock, Town Attorney
END OF DOCUMENT
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9/16/2021
John Honker
Magellan Advisors
9/16/2021
Town of Tiburon 9/2021 Annex A - 1 Purchase Order for Professional Services
ANNEX A – PURCHASE ORDER TERMS AND CONDITIONS This is an Annex to the Agreement for Professional Services Agreement dated September 15, 2021 (“Agreement”) between the Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 1 – TERMS OF PERFORMANCE
1.01 Agreement Force and Effect. The provisions of this Agreement constitute the entire agreement between the Consultant and Town regarding the Services, shall supersede all other prior purchase orders/agreements between Consultant and Town with respect to the Services, and shall control over any inconsistent provisions in any Consultant-prepared attachments hereto. No representation, term or covenant not expressly specified in this Agreement shall, whether oral or
written, be a part of this Agreement. Town is not responsible for Services rendered without the authority of an Agreement on this form.
1.02 Performance of Services. Consultant represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services
shall conform to the standard of practice of a professional having specific experience and expertise in professional services of like nature and complexity of the Services.
1.03 Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and shall be kept in effect all times during the term of this agreement.
1.04 Progress and Coordination. Upon Town’s request, Consultant shall provide Town with progress submittals showing status of Services, at times and increments as Town may
reasonably request, and shall provide Town with a progress schedule for performance of the Services, at times and in a level of detail as Town may reasonably request. Consultant shall coordinate with Town and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services.
1.05 Plans, Specifications, Reports, Deliverables. Work product under this Agreement shall be professional in appearance, comply with the requirements of this Agreement and with design
criteria established by Town, applicable laws and codes, and with all applicable professional standards. Services shall meet this standard within the agreed compensation and schedule;
services necessary to correct work product, errors or omissions in work product, shall not entitle Consultant to an increase in compensation.
1.06 No Waivers. The granting of any payment, and any inspections, reviews, approvals or oral statements by any Town representative, or certification by any governmental entity, shall not limit
or waive Consultant’s obligations under this Agreement. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require
strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way limit or modify that party’s right thereafter to
enforce or compel strict compliance with every provision hereof.
1.07 Modifications. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Town and Consultant. Consultant’s authorized representative is the individual
signing this Agreement unless Consultant otherwise informs Town in writing.
1.08 Payment Requests. Consultant shall submit all billings with all necessary invoices, time records,
deliverables, or other appropriate evidence of performance, after which Town shall make payment at the earliest practicable time. If requested by Town to facilitate the payment process
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and track progress, Consultant shall provide Town with an itemization of its compensation according to a Work Breakdown Structure (“WBS”) in a form Town supplies or approves (at Town’s option), that defines all Agreement tasks (Consultant’s and Subconsultants’), along with a project schedule defining the time line for each task, a project budget defining the planned man-hours and costs for each task, and a schedule of deliverables defining each deliverable to be provided to Town.
1.09 Scope of Compensation. Agreed method of compensation shall be full compensation for all Services required, performed or accepted under this Agreement, and Consultant shall not be entitled to compensation or reimbursement beyond or outside of agreed compensation. If Consultant previously commenced services within the scope of the Services, then the services performed and the compensation paid shall be subject to the terms of this Agreement.
1.010 Additional Services. Payment for Additional Services shall require a written addendum or
amendment, negotiated and signed by the Consultant and Town prior to commencing work of Additional Services, providing for the scope, schedule and terms of compensation.
ARTICLE 2 – LEGAL AND MISCELLANEOUS
2.01 No Assignment. Consultant shall not subcontract any portion of the Services or otherwise assign this Agreement without prior written approval of Town, and Consultant shall remain responsible for compliance with all terms of this Agreement, regardless of the terms of any such
assignment.
2.02 Records and Audit. At Town’s request, Consultant shall make available to Town, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda,
calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Town in
connection with the Services. Consultant shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable.
2.03 Independent Contractor. Consultant is an independent Contractor and does not act as Town’s agent in any capacity, whatsoever. Consultant is not entitled to any benefits that Town provides
to Town employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding
direction apply to and concern the result of the Consultant’s provision of Services, not the means, methods, or scheduling of the Consultant’s work. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. Consultant shall pay all payroll taxes imposed by any governmental entity
and shall pay all other taxes not specifically identified in this Agreement as Town’s responsibility.
2.04 Indemnity/Liability. To the fullest extent allowed by law (including without limitation California
Civil Code Sections 2782 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to Town), indemnify, and hold harmless the Town of Tiburon, its officers, directors,
officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including,
without limitation, economic harm, injury to or death of any person, including an employee of Consultant or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation) (collectively “Liabilities”), that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of Consultant, any Subconsultant,
anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, the Consultant shall meet and confer with other parties regarding
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unpaid defense costs. The Consultant’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities, and in no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.
2.05 Conflict of Interest. Consultant represents and warrants that it presently has no interest, and
shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Consultant represents to and agrees with Town that Consultant has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing Town services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) Consultant may presently have, or will have in the future,
with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter
of the Services.
2.06 Confidentiality. Any information, whether proprietary or not, made known to or discovered by
Consultant during the performance of or in connection with this Agreement for Town, will be kept confidential and not be disclosed to any other person. Consultant will immediately notify Town in
writing if it is requested to disclose any information made known to or discovered by Consultant during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to Town hereunder.
2.07 Ownership of Results. Any interest (including copyright interests) of Consultant or its contractors or subconsultants (together, “Subconsultants”), in studies, reports, memoranda,
computational sheets, drawings, plans or any other documents (including electronic media) prepared by Consultant or its Subconsultants in connection with the Services, shall become the property of Town. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works
shall be the property of Town. In the event that it is ever determined that any works created by Consultant or its Subconsultants under this Agreement are not works for hire under U.S. law,
Consultant hereby assigns to Town all copyrights to such works. With Town’s prior written approval, Consultant may retain and use copies of such works for reference and as
documentation of experience and capabilities. As respects Consultant’s standard details and proprietary design instruments of service (not specific to this Agreement), however, Town shall
have only a non-exclusive but otherwise unrestricted license to use the materials prepared in connection with this Agreement.
2.08 Non-Discrimination Policy. Consultant shall not discriminate against any employee or applicant for employment, nor against any Subconsultant or applicant for a subcontract, because of race,
color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the ADA or veteran’s status. To the extent applicable, Consultant shall comply with all
federal, state and local laws (including, without limitation, all Town and Town ordinances, rules and regulations) regarding non-discrimination, equal employment opportunity, affirmative action
and occupational-safety-health concerns, shall comply with all applicable rules and regulations thereunder, and shall comply with same as each may be amended from time to time. Consultant
shall provide all information reasonably requested by Town to verify compliance with such matters. Consultant stipulates, acknowledges and agrees that Town has the right to monitor
Consultant’s compliance with all applicable non-discrimination requirements, and may impose sanctions upon a finding of a willful, knowing or bad faith noncompliance or submission of
information known or suspected to be false or misleading.
2.09 Termination and Suspension. (i) Town may, with or without cause, direct Consultant to
suspend, delay or interrupt Services, in whole or in part, for such periods of time as Town may
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Town of Tiburon 9/2021 Annex A - 4 Purchase Order for Professional Services
determine in its sole discretion. (ii) Town may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Consultant commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of Town’s written notice to Consultant demanding such cure, in which case Consultant shall be liable to Town for all loss, cost, expense, damage and liability resulting from such breach and termination. (iii) Town may terminate performance of the Services under this Agreement in
whole, or from time to time in part, for convenience, whenever Town determines that such termination is in Town’s best interests, in which case Consultant shall be entitled to recover compensation and costs for services performed to the effective date of termination, but may recover no other cost, damage or expense. The Town may condition payment of such compensation upon the Consultant’s delivery to the Town of any and all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the Town in connection with this Agreement. Consultant shall continue its work throughout the course of any dispute, and Consultant’s failure to continue work
during a dispute shall be a material breach of this Agreement.
2.010 Execution; Venue; Limitations. This Agreement shall be deemed to have been executed in the
Town of Tiburon, County of Marin. The exclusive venue for all disputes or litigation arising out of this Agreement shall be in the Superior Court of the County of Marin, unless the parties agree
otherwise in writing. Enforcement of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement, any applicable statute of limitations
for any act or failure to act shall commence to run on the date of Town’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent
defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.
ARTICLE 3 – CONSTRUCTION OF AGREEMENT
3.01 Headings. The headings in this Agreement are for convenience only and do not affect the
construction of this Agreement.
3.02 Modifications. Modifications to this Annex “A” Agreement Terms and Conditions shall not be
effective unless approved and initialed by Town’s Town Manager.
ARTICLE 4 – CONSULTANT’S PROPOSAL AND OTHER CONSULTANT-PREPARED DOCUMENTS
4.01 Exhibit 1. Exhibit 1 consists of Consultant-prepared documents (e.g., Consultant’s rate sheet and proposal, if any) attached to this Agreement for reference only, defining further the scope of Consultant’s scope of Services hereunder.
4.02 Complementary Construction. This Agreement, its Annexes and attachments (including but
not limited to the attached Exhibit 1) are deemed complementary; what is called for by one is as binding as if called for in both and shall be performed by Consultant. In the case of direct conflict, then the requirement providing Town with the broader scope of services shall have precedence.
4.03 Modifications. Exhibit 1 may not supplement, contradict or qualify Annex “A” Agreement Terms
and Conditions, except as listed below and initialed by the Town Manager.
4.04 Named Personnel and Subconsultants. It is recognized that the named personnel and Subconsultants in the Agreement are not bound by personal employment contracts to Consultant, however, Consultant agrees that reassignment of any of the named personnel or Subconsultants during the Services requires prior written approval of Town, which approval shall not be unreasonably withheld. Under no circumstances may Consultant replace personnel or
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Subconsultants with less qualified or less experienced personnel, without Town’s written consent, which may be withheld by Town on a reasonable belief of good cause.
END OF ANNEX “A”
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Annex B - 1 Purchase Order for Professional Services
9/2021
ANNEX B – INSURANCE REQUIREMENTS This is an Annex to the Agreement for Professional Services Agreement dated _September 15, 2021_ (“Agreement”) between Town and Consultant, as described therein, for the provision of professional services (“Services”).
ARTICLE 5 – INSURANCE
Consultant’s Duty to Show Proof of Insurance. Prior to the execution of this Agreement, Consultant shall furnish to Town satisfactory proof that Consultant has taken out for the entire period required by this Agreement, as further described below, the following insurance, in a form satisfactory to Town and with an insurance carrier satisfactory to Town, authorized to do business in California and rated by A. M. Best & Company A- or better, financial category size VII or better, which will protect those described below
from claims described below which arise or are alleged to have arisen out of or result from the acts or omissions of Consultant for which Consultant may be legally liable, whether performed by Consultant, or by those employed directly or indirectly by it, or by anyone for whose acts Consultant may be liable: 5.01 Commercial General Liability Insurance
Commercial general liability insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, products liability, blasting, explosion, collapse of buildings or structures, damage to underground structures and utilities, liability for slander, false arrest and invasion of privacy arising out of construction management operations, blanket contractual liability, broad form endorsement, a construction management endorsement, products and completed operations, personal and advertising liability, with per location limits of not less than One
Million Dollars ($1,000,000) general aggregate and One Million Dollars ($1,000,000) each occurrence. 5.02 Business Automobile Liability Insurance Business automobile liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence including coverage for owned, non-owned and hired vehicles. 5.03 Workers’ Compensation Insurance Workers’ Compensation Employers’ Liability limits not less than One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) per disease and One Million Dollars ($1,000,000) aggregate. Consultant’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation. In the
event Consultant is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California. 5.04 Professional Liability Insurance Professional Liability Insurance, either limits of not less than One Million Dollars ($1,000,000) each occurrence or claim and Two Million Dollars ($2,000,000) aggregate, all with respect to negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured and with tail coverage for a period of five (5) years after the completion of the Services. 5.05 Additional Insured / Waiver of Subrogation Consultant shall include Town, its officers, officials, agents, employees and volunteers as Additional Insureds under the General Liability and Auto policies, and shall supply specific endorsements for same. The Additional Insured endorsement under the General Liability policy will be the Additional Insured – Town, Lessees or Contractors – Scheduled Person or Organization ISO Form CG2010 with the current applicable revision date. It is acceptable that the Additional Insured endorsement to provide “where
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9/2021
required by written contract." Consultant shall obtain a specific endorsement to its workers’ compensation insurance policy waiving all rights of subrogation against the Town, its officers, officials, agents, employees and volunteers. 5.06 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.
5.07 Written notice of cancellation of the policies shall be mailed to Town thirty (30) days in advance of the effective date thereof. 5.08 Insurance shall be primary insurance and no other insurance or self insured retention carried or held by any named or additional insureds other than that amount Consultant shall be called
upon to contribute to a loss covered by insurance for the named insured. 5.09 Certificates of Insurance and Endorsements shall have clearly typed thereon the title of the Agreement, shall clearly describe the coverage and shall contain a provision requiring the giving of
written notice.
5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant or any of its permitted subcontractors or subconsultants may be held responsible for payment of damages resulting from their operations.
If Consultant fails to maintain any required insurance, Town may take out such insurance, and deduct and retain amount of premium from any sums due Consultant under this Agreement. END OF ANNEX “B”
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EXHIBIT 1
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Broadband Strategic Plan
Prepared for:
Greg Chanis
Town Manager
Town of Tiburon, CA
1505 Tiburon Blvd
Tiburon, CA 94920
Prepared by:
Jory Wolf
Magellan Advisors
jwolf@magellan-advisors.com
818-312-7768
www.magellan-advsors.com
PROPOSAL TOWN OF TIBURON, CA
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About Magellan Advisors
Magellan Advisors is the leading turnkey broadband development firm for municipalities
and utilities. We specialize in planning, designing and building fiber to the home networks
for communities that need faster, more reliable high-speed internet. With over 17 years
in business and over 400 municipal clients, Magellan is the most experienced firm for
munis that want to enhance economic development, education, healthcare and the quality
of life of their communities through world-class broadband.
We are the only firm that creates custom tailored broadband networks to achieve
municipal objectives. Our networks deliver the fastest internet services at the lowest cost,
while giving munis a platform to deploy smart city innovations that help them manage
their communities. We’ve led the planning, funding, construction and management of over
50 fiber broadband networks passing over 1 million households and connecting more than
1,000 schools, hospitals, government offices and community organizations and totaling
$1 billion in investments. Magellan has helped more communities successfully plan,
implement and manage broadband networks than any other firm in the market.
We maintain experts across all aspects of developing networks, from feasibility studies,
financial planning and grant development, to engineering design, project and construction
management, to operations and management of live broadband networks. Our staf f is
composed of broadband, telecom, government and utility professionals that have been
on the front lines of deploying fiber and wireless networks for their entire careers.
Magellan is a one-stop-shop for every aspect of broadband, with seasoned experts guiding
our muni clients every step of the way to ensure their communities are empowered in the
digital economy
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Magellan’s West Coast Clients
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Key Personnel
JORY WOLF
VP of Digital Innovation: Project Executive
Jory joined Magellan after 22 years as CIO of the City of Santa Monica, CA where he launched Santa Monica
City Wi-Fi, which provides free internet services to the public through a network of 32 hot zones and
wireless coverage in most major commercial and transit corridors throughout the city. He created Santa
Monica City Net, a 100-gigabit broadband initiative to support an environment for local businesses to
compete in the global economy with cutting edge network solutions. Jory has over 35 years of experience
in Information Technology, including broadband, FTTH and Smart City initiatives. Jory and his teams have
received over 50 awards for information technology projects during his career and in 2012 he received
the CIO Lifetime Achievement Award from the Los Angeles Business Journal. Since joining Magellan
Advisors in July 2016, Jory has led teams that have worked on 60+ government projects in broadband
master planning, feasibility studies, wireless strategic planning, 5G small cell policies, dig once policies and
smart city.
PRESTON YOUNG
Senior Broadband Consultant
Preston Young has many years of experience in the telecom industry, specializing in program
management of large-scale fiber optic construction over builds. He has experience managing many
projects of all sizes, working with major telecom and wireless providers in managing all aspects of the
projects including contract management, budget analysis, high-level design, low-level design,
construction, milestone reporting, and government and municipality management. Preston is a very
detailed program manager with a tenacious quest for success and learning, results driven leadership and
analytical thinking. He thrives on efficient on-time projects that meet or are under budget.
AL KAMUDA
Design Team Lead
Al Kamuda is a seasoned telecommunications and GIS professional with over 20 years’ experience in
telecommunications engineering, mapping, design and outside plant construction. Prior to joining
Magellan, Al was the Senior Design Manager for the Central Florida region at Spectrum (Charter
Communications), where he led the planning, project management and implementation of outside plant
design for various company growth projects including residential, commercial, cellular backhaul and
metro WIFI. His extensive experience with the telecommunications industry, CAD platforms and
geospatial expertise along with his strategic forward thinking provides an extremely diverse skill set that
allows him the valuable insight needed to understand the client’s objectives in all aspects of
telecommunications construction and design processes.
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MATTHEW SOUTHWELL
Associate Project Manager – Design
Matthew Southwell has over 13 years in the telecommunications field. Matthew’s career began as a U.S
Army Sergeant where he worked on tactical communication systems, Sat-Com radio systems, and
deploying weekly COMSEC key changes OTAR (Over the Air Rekeying) with newly deployed radio systems
during two Operation Enduring Freedom deployments. Matthew’s private sector work includes work with
a Motorola radio distributor and contractor where he supported many Federal, State, and local County
entities to include: Department of Homeland Security, Immigration and Customs Enforcement, Drug
Enforcement Administration, Florida Highway Patrol, Greater Orlando Airport Authority, Orange County
Sheriff’s Office, and the Lake County Sheriff’s Office. Matthew joined Magellan Advisors in 2016 as a
telecommunication analyst where he has contributed his knowledge and technical expertise to over 65
broadband projects. Matthew’s current role within Magellan includes analysis of client GIS data and
mapping, creating conceptual network designs and costing estimates for future fiber builds. Matthew is a
Certified Fiber to the Home Professional (CFHP) and holds a Business Management Degree with High
Honors from Keiser University in Orlando, FL.
MELANIE DOWNING
Project Management Analyst
Melanie has a background in technical communication and has extensive experience coordinating,
researching, and implementing projects across a variety of fields from defense contracts to small business
plans. Prior to joining Magellan in 2018, she worked in healthcare management and consulting and was a
graduate student at the University of Central Florida studying technical communication in technology and
public policy. In her current role as Project Management Analyst, she supports Magellan’s West Coast
team, assisting more than 40 local governments across California, Oregon, and Washington with
broadband initiatives. Melanie coordinates project-related data including the development and
completion of scopes of work, timelines, milestones, deliverables, project tasking, and quality control,
helping to ensure the success of our clients’ communities.
Scope of Work
TASK 1. FUNDING ANALYSIS
Our team of broadband funding experts will work with the Town of Tiburon to identify funding
strategies and sources available for expanding broadband. We will explore funding options
including leveraging federal funding sources and the reinvestment of revenues received for the
use of infrastructure in the public right-of-way into the Town’s broadband program. We will
evaluate funding sources at the state and federal levels, providing an analysis of grant and loan
opportunities that may be available to Tiburon, which may include the use of American Rescue
Plan, California Advanced Services Fund, economic development, transportation, USDA, and
other funding sources. At the onset of the engagement, our team will identify and assess grant
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and loan opportunities for which to apply. The final report will include a funding action plan and
schedule, identifying key dates and action items for pursuing each funding source.
TASK 2 . ASSET ASSESSMENT
We will conduct a comprehensive asset inventory of the current broadband assets in the public
right-of-way including conduit, fiber, antennas, poles, towers, abandoned facilities, active
facilities and other infrastructure to determine their usefulness for expanding broadband within
the region. This effort will provide a realistic assessment of assets available for expanding
broadband connectivity.
We believe that the following components should be analyzed:
Underground conduit, innerduct, empty and available conduit
Fiber cables, strand counts, splice points, terminations and utilized strands
Vault and handhole locations
Available and reserved capacity throughout the network
Construction and placement method policies
Current as-builts and documentation
Terminating locations and public facilities
GIS maps including publicly-owned property, right of way, easements
Location of capital improvement projects and economic development zones
Current and planned locations of public safety cameras and traffic signal interconnect
Magellan will request GIS files, capital projects, planning and development data from the Town to
develop a broadband asset map. Using this data, we propose to first build a geo-correct layer of
conduit and fiber, identifying placed conduit, type, size, status (occupied/vacant) and related
information. A second layer will incorporate poles, traffic signal cabinets and other assets to be
used for expanding broadband.
A third layer will include General, Economic Development, Transportation and Capital Projects
Plans to identify strategic and cost-effective methods of deploying and expanding broadband in
a planned, organized and phased approach. We will work closely with the Town to assess planned
projects that may create opportunities to install additional conduit and fiber through long -term
capital projects schedules, public rights-of-way encroachments and development agreements,
and build a map that identifies the projects where broadband infrastructure could be installed
over a 10-year period.
TASK 3 . MARKE T ASSESSMENT & GAP ANALYSIS
Our team will conduct a market analysis to gain an understanding of what service offerings are
currently available to businesses and residents in Tiburon. Magellan’s market analysis will identify
the services that are available, providers, service level, pricing, and access. We will document all
privately-owned networks and research incumbent providers that currently serve the market as
well as potential new entrants. This information will come from a variety of sources, including our
comprehensive broadband database, third-party research, and information obtained from the
providers themselves.
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We will then analyze the current market and delineate served, underserved and unserved areas,
which will allow us to conduct a gap analysis indicated areas that have a need for broadband but
currently lack the necessary infrastructure. We will also work with the local providers to
understand and document their current needs, as they too are stakeholders in the region.
TASK 4 . NEEDS ASSE SSMENT
Magellan will conduct an online broadband survey for Tiburon’s community, providing important
information to inventory current services, test speeds across the Town, and identify opportunities
to build additional infrastructure to serve underserved communities and improve services and
rates. The survey instrument will include an embedded speed test since actual performance is
often lower than what is documented by the FCC and other sources. Magellan will build the survey
based on our experience of what questions work best to build an understanding of current and
future broadband needs and will also guide the Town in effectively marketing the survey to
receive a strong response rate, including the use of social media, partnering with local business
groups, and posting the survey on the Town’s website.
Magellan proposes to also hold up to ten (10) interviews with local businesses and key anchor
organizations to gain an understanding of their current and future broadband and technology
needs. We will also hold two (2) workshops for Tiburon’s residents. We find the most effective
format for these interviews to be in group settings where participants are encouraged to share
open, honest feedback with our team.
Community partners to be included in this process may include:
Town departments including IT,
Planning, Public Works, Economic
Development, and the Town
Manager’s Office
Local businesses, Chambers of
Commerce and Economic
Development Groups
Anchor Institutions such as Healthcare
facilities, schools, and libraries
Public safety agencies
Transportation & Utilities
Residents & Community groups
Non-profit organizations
Commercial property developers
TASK 5 . BUSINESS MODEL ANALYSIS
Magellan will help Tiburon analyze a range of business model options in the framework of
financial, operational, and organizational requirements to determine which models are “best fit”
for the Town, have the greatest chance of success, and will be the most financially sustainable.
We will present each analysis of every business model to the Town’s team and provide an analysis
of how each meets Tiburon’s goals in the project.
Magellan will work with Tiburon to define the range of business model options to evaluate for
expanded fiber deployment, which may include the following:
Wholesale dark fiber and/or services for use by telecommunications providers;
Expanded retail services to a range of customer segments;
Use of the network by existing broadband providers;
Others to be determined.
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Each community is unique, and through our proven process we will work with Tiburon to select a
business model that is most feasible and that will best serve the Town’s goals. Some
considerations for the business model include:
Public-Owned
Considerations for Town-owned “middle mile” infrastructure and options for “last mile”
connections
Open Access
New and continued lease agreements for fiber infrastructure (conduit, dark o r lit fiber,
vertical and other assets) to other municipal entities, telecommunications carriers, other
service providers or businesses
Connection to an internet Point of Presence (POP) and offer a choice of Internet Service
Providers (ISPs) through either wholesale, retail, revenue sharing or passive network access
Demand-Driven
Expanding the network and associated services where areas of demand (both social and
economic) will be strongest
Realizing a financial return on investment in terms of economic development impact,
infrastructure enhancement, leased line or other communications service savings and
revenue generation
Focusing on social return on investment in terms of enhancing Quality of Life to close the
Digital Divide for e-learning, telehealth, remote work, Public Safety, and Smart City
initiatives
Incremental Build
Town/municipal buildings and facilities, evaluating leased-line savings, communications
and operational enhancements
Community Anchor Institutions (CAIs) such as large businesses, hospi tals, learning
institutions, etc.
Business economic development zones or corridors and the broader business community
Magellan will also assist Tiburon in investigating the private sector’s interest in using the network
including considerations such as:
What opportunities exist for the Town to leverage its existing infrastructure to provide additional
broadband service options to unserved and underserved locations?
Which commercial corridors or key businesses will be anchor tenants of the network and how will
that affect investment?
How might joint investment in broadband infrastructure be accomplished between the Town and
other public or private sector organizations?
What legal and operational structures should be considered by the Town and other organizations
in use of the proposed infrastructure?
How will the Town balance private sector goals of revenue growth and profitability with public goals
of providing affordable and available broadband services across the region?
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How will future system expansion be handled between the Town and private sector providers and
what contributions will the parties make to this infrastructure?
What regional opportunities exist for collaboration?
TASK 6 . CONCE PTUAL NETWORK DE SIGN
Magellan will assist the Town in developing a conceptual broadband network design based on the
needs of the businesses that will subscribe to such a network . We propose to utilize any existing
conduit, fiber, facilities and other assets including, streetlight poles, traffic signal poles and traffic
signal cabinets as a foundation to develop an expanded fiber -optic network capable of serving
the needs of municipal government, businesses, and anchor institutions.
Magellan will work with Tiburon’s staff to identify infrastructure that is required to meet the needs
of the community determined in the needs analysis. Our team will thoroughly review all
communications facilities owned by the Town that could be utilized in a new strategy that would
be developed as part of this Plan. Our consultants will advise Tiburon about the pros and cons of
each delivery method and the costs associated with each as the infrastruct ure that is chosen can
have a major impact on long-term financial sustainability.
The overall network design will be based on the needs of the municipal users, businesses,
residents, and anchors that will utilize it. This will determine the bandwidths and speeds,
performance, redundancy and scalability requirements and solution-specific requirements.
Magellan will design a network that meets the specifics outlined by Tiburon, and the network
design will include the following:
Gigabit-capable with a path to 10-gigabit
High-performance, dedicated connectivity
Reliable and redundant
Flexible to support multiple technologies, such as GPON and Active Ethernet
simultaneously
Scalable to support future growth, density and bandwidth requirements
Administratively lean
Supportive of Smart City applications and Smart Grid technologies
Leverage the existing network, including adding redundancy and resiliency, building the
network to carrier-grade levels, monetizing current assets including leasing infrastructure
Capitalize on joint-trench opportunities and other right-of-way access opportunities in
conjunction with other Public Works projects and private development agreements to
expand network infrastructure
TASK 7 . FINANCIAL ANALYSIS
Magellan will evaluate the current financial and budgetary environment for the network. We
believe that Tiburon’s decision-making process for a network expansion needs to include
financial analysis of the proposed hardware solution and the operational cost s that the Town
will incur in deploying the selected solution. These operational costs include more than
equipment service contracts; the selected solution will have financial impacts across many
aspects of Tiburon’s operations. We want to make sure these are evaluated so the Town
understands all financial impacts to the organization.
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Magellan proposes using our Broadband Financial Sustainability Model to ensure that Tiburon
has a full understanding of the business and financial sustainability of various broadband
initiatives. Using these tools will allow Tiburon to evaluate different business models and make
informed decisions on which are most adequate for the Town and community – including
environments that require no funding.
Using our financial tools, we suggest using the following process to conduct the busi ness model
analysis and make recommendations. We would propose using a 10 -year period to analyze the
project:
1. Develop the cost model for the network, including one-time and ongoing capital
expenditures to build the network.
2. Develop the cost model for operations, including O&M, network operations, field services,
staffing, billing and customer service.
3. From the market analysis and outreach, determine the customer segmentation and
growth on the network, across each type of customer (business, school, hospit al, etc.).
4. Determine customer growth rates for the network, based on benchmarking analysis from
other utility and municipal providers.
5. Determine a proposed competitive rate schedule for potential services, using pricing
information from the market analysis and benchmarking information.
6. Develop financial statements, pro-formas, depreciation schedules, and cash flows.
7. Conduct comprehensive financial analysis on the project to determine overall financial
sustainability using key metrics such as free cash flow, debt service coverage, operating
margin, and net income.
8. Use scenario analysis to evaluate different business models and determine which are
feasible for Tiburon to consider.
9. Recommend the most feasible business model based on overall business and financi al
sustainability, community benefit, and long-term value to the Tiburon community. This
model will be designed to generate revenue for Tiburon for a self-sustained broadband
maintenance and development program. Our pro formas will indicate the cost of
resources both internally and externally, as estimated based on previous similar
engagements.
TASK 8 . REPORT COMPILATION & APPROV AL PROCESS
The culmination of the project will be a Broadband Strategic Plan that lays out strategies for
Tiburon to develop its municipal and community broadband initiatives. Magellan will provide a
report that details actionable steps for the Town to expand broadband access to increase
economic development. Prior to finalizing, Magellan will provide the Town’s team with an
opportunity to review the Plan and will work with the Town to ensure that it is 100%
representative of the needs of the community. We will also be available to present our findings
and recommendations to leadership for adoption of the Plan.
PROJECT MANAGE MENT & M EETINGS
Magellan’s project team will meet on a bi-weekly basis with your project team to discuss the status
of the project, major milestones and deliverables, and ensure alignment on project goals.
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*Due to the COVID-19 pandemic, Magellan Advisors will be limiting onsite visits in adherence to
CDC guidelines. Magellan’s team will work with Tiburon’s team to conduct meetings remotely and
will inform the Town’s team of any updates to this policy as the situation progresses.
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Project Timeline
Based on projects of a similar nature, we estimate that Tiburon’s Broadband Strategic Plan
process would take approximately seven (7) months to complete.
Ongoing Task
Final Deliverable
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Funding Analysis ◆ ◆
◆
Asset Assessment ◆ ◆ ◆
Market Assessment & Gap Analysis ◆ ◆ ◆ ◆
Needs Assessment ◆ ◆ ◆ ◆
Business Model Analysis ◆ ◆ ◆
Conceptual Network Design ◆ ◆ ◆
Financial Analysis ◆ ◆
Report Compilation & Approval Process ◆ ◆
Project Management & Meetings ◆ ◆ ◆ ◆ ◆ ◆ ◆
MagellanADVISORS
MagellanADVISORS
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Estimated Costs
The total cost to the Town of Tiburon for the Broadband Strategic Plan is $93,450 and includes all
work to be completed by Magellan as stated in this Proposal. Magellan will bill the Town in seven
(7) equal monthly payments of $13,350. Magellan will bill on the first day of the month for the
current month’s services. Travel and incidental expenses are not anticipated for this project and
all work will be performed remotely. Invoices are payable on net 30 terms from the date of
invoice.
Description Hours Cost
Funding Analysis 30 $6,300
Asset Assessment 40 $8,400
Market Assessment & Gap Analysis 30 $6,300
Needs Assessment 60 $12,600
Business Model, Partnerships, and Lease Opportunities 40 $8,400
Conceptual Network Design 60 $12,600
Financial Analysis 50 $10,500
Report Compilation & Approval Process 80 $16,800
Project Management & Meetings 55 $11,550
Total Not-to-Exceed 445 $93,450
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