APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY'S OFFICE
OAKLAND CITY COUNCIL
omnft:ESOLUTION NO. 2 1 C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO:
(1) WAIVE THE COMPETITIVE SOLICITATION PROCESS AND
ENTER INTO AN INDEFEASIBLE RIGHTS OF USE (IRU)
AGREEMENT WITH SONIC.NET, LLC, A WIRELINE INTERNET
SERVICE PROVIDER, IN AN AMOUNT NOT TO EXCEED SEVEN
HUNDRED TWENTY THOUSAND DOLLARS ($720,000) FOR A
TERM OF FIFTEEN (15) YEARS TO LEASE DARK FIBERS TO
COMPLETE THE CITY-OWNED NETWORK, OAKLANDCONNECT;
(2) ENTER INTO MEMORANDA OF UNDERSTANDING TO
CONNECT TO THE CITY-OWNED NETWORK AT NO CHARGE
FOR A TERM NOT TO EXCEED TEN (10) YEARS WITH THE
FOLLOWING HOUSING PROVIDERS OR AFFILIATED ENTITIES
OF (A) OAKLAND HOUSING AUTHORITY (OHA), (B) FRUITVALE
DEVELOPMENT CORPORATION, AND (C) BRIDGE HOUSING
CORPORATOIN; AND
(3) WAIVE THE COMPETITIVE SOLICITATION PROCESS AND
ENTER INTO A FIBER LICENSE AGREEMENT WITH ANOTHER
CORPORATE ISP, LLC DBA MONKEYBRAINS, A LOCAL
INTERNET SERVICE PROVIDER, TO ACCESS AND INTEGRATE
CITY FIBERS INTO ITS SERVICE NETWORK TO ENHANCE
BROADBAND AVAILABILITY FOR OAKLAND RESIDENTS AT A
RATE OF ZERO DOLLARS ($0.00) FOR A TERM OF TEN (10) YEARS WHEREAS, the City of Oakland (City) has undertaken the OaklandConnect Project to design and construct a City-owned. hybrid middle-mile and last-mile fiber-optic network to expand affordable. high-quality broadband access for Oakland residents, particularly in underserved communities; and
WHEREAS, pursuant to Resolution No. 90407 C.M.S., the City Council accepted and appropriated $14.026,946 in grant funds from the California Public Utilities Commission (CPUC), through the Federal Funding Account Last-Mile Broadband Program, for the OaklandCom1ect Project with an additional $2 million in local matching funds provided through Measure U allocations authorized by Resolution No. 89314 C.M.S., for a total project cost of $16,026,946; and
WHEREAS, construction of the OaklandConnect network requires completion of a critical fiber segment in East Oakland along International Boulevard between 66th Avenue and 98th A venue; and
WHEREAS, the City issued a pncmg inquiry to available dark-fiber providers, and reviewed proposals from AT&T, Zayo, and Sonic.net, LLC (Sonic); and WHEREAS, Sonic's proposal provided the greatest overall value, including necessary interconnection points, competitive pricing, and proposed fifteen-year term with a marginal cost increase compared to AT&T' s ten-year proposal; and
WHEREAS, because the City conducted a pncmg inquiry to available dark-fiber providers, it is in the best interests of the City to waive the competitive solicitation process pursuant to Oakland Municipal Code Section 2.04.042 and authorize the City Administrator to negotiate and execute an Indefeasible Rights of Use Agreement (IRU Agreement) with Sonic for a term of fifteen ( 15) years for an amount not to exceed Seven Hundred Twenty Thousand Dollars ($720,000); and
WHEREAS, partnerships with the Oakland Housing Authority (OHA), the Fruitvale Development Corporation, and BRIDGE Housing Corporation will enable the OaklandConnect Project to provide free, high-speed, in-home Internet service to approximately 2,500 affordable housing units and extend reliable connectivity to several thousand additional units; and WHEREAS, the proposed Memoranda of Understanding with OHA, the Fruitvale Development Corporation, and BRIDGE Housing Corporation will allow the City to perform fiber-construction activities, complete internal wiring upgrades where necessary, and provide dedicated fiber capacity at no charge to the housing partners for a term of five (5) years: and WHEREAS, the City conducted broadband provider outreach in 2022 and 2024, including a Request for Information (RFI) and an Internet Service Provider Survey, which identified Another Corporate ISP, LLC dba Monkeybrains (Monkeybrains) as a qualified municipal partner with demonstrated experience deploying free and low-cost broadband services in affordable housing communities; and
WHEREAS, Monkeybrains submitted a comprehensive proposal demonstrating the technical ability, municipal partnership experience, and community-focused service model necessary to extend and maintain free fiber Internet for affordable housing units in Oakland; and WHEREAS, because of the RFI conducted and based on the broadband provider outreach and Monkeybrains' proposal, City staff recommends that the City Council waive the competitive solicitation process and authorize a ten-year Fiber License Agreement at a rate of Zero Dollars ($0.00), enabling the integration of City-owned fiber into Monkeybrains' network to expand broadband availability to Oakland residents: now, therefore, be it RESOLVED: That the City Counci I makes findings and detenninations that it is in the best interests of the City to waive the competitive solicitation process and authorizes the City 2 Administrator to waive the competitive solicitation process and enter into an Indefeasible Rights of Use Agreement with Sonic.net , LLC in an amount not to exceed Seven Hundred Twenty Thousand Dollars ($720,000) and for a term of fifteen (15) years to lease dark fibers necessary to complete the OaklandConnect network ; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator to enter into Memoranda of Understanding with the following housing providers or affiliated entities of Oakland Housing Authority , the Fruitvale Development Corporation , and BRIDGE Housing Corporation to permit installation, connection, and operation of fiber-optic infrastructure supporting the OaklandC01mect Project at no charge and for a term not to exceed ten (10) years; and be it
FURTHER RESOLVED: That the City Council makes findings and determinations that it is in the best interests of the City to waive the competitive solicitation process and authorizes the City Administrator to enter into a Fiber License Agreement with Another Corporate ISP, LLC dba Monkey brains at a rate of Zero Dollars ($0.00) and for a term of ten (10) years to enable the provision of free and low-cost broadband service to Oakland residents: and be it FURTHER RESOLVED: That the City Administrator is authorized to take any other action with respect to the Memoranda of Understanding, IRU Agreement , and Fiber License Agreement consistent with this Resolution and its basic purpose; and be it FURTHER RESOLVED: That prior to execution , all agreements shall be reviewed and approved as to form and legality by the City Attorney's Office and executed copies of each agreement shall be filed with the City Clerk.
IN COUNCIL , OAKLAND , CALIFORNIA ,
PASSED BY THE FOLLOWING VOTE: JUN 1 6 2025
A YES - BROWN, H-R;, GALLO, HOUSTON , RAMA CHAND RAN, UNGER, WANG, AND PRESIDENT JENKINS - r ~ e.,,5
NOES- ~
ABSENT- &_
ABSTENTION- ~
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