Agenda Item   



                                                                                                                        ASR Control  23-001101




legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

KC Roestenberg (714) 567-5075 



Ed Althof (714) 834-3069



Subject:  Amendment to Contract with Level 3 for Wide Area Network Services


      ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form




3 Votes Board Majority




    Budgeted: Yes

Current Year Cost:   $6,374

Annual Cost: FY 2024-25 $504,878
FY 2025-26 $504,878
FY 2026-27 $294,512




    Staffing Impact:


# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:     Information Technology ISF 289: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes


    Prior Board Action:         5/23/2023 #50, 5/25/2021 #77, 5/7/2019 #S29A, 6/5/2018 #23






Authorize the County Procurement Officer or Deputized designee to execute Amendment Number 21 to extend and amend the contract with Level 3 Communications, LLC D/B/A Lumen for wide area network services effective February 1, 2024, through January 30, 2027, in an amount not to exceed $1,310,642, for a revised cumulative total contract amount of $21,472,088.



Delegate to the Chief Information Officer or designee the authority to control the County’s purchase and termination of circuit services, modify circuit services, approve charges, and approve operational details for circuit services provided under the Level 3 Contract.







Approval and authorization to execute Amendment Number 21 to the County’s contract with Lumen will allow the County to maintain existing circuit services necessary for County business.




The County currently procures network and telecommunications services from Level 3 Communications, LLC D/B/A Lumen (Level 3) to support the County’s network and voice infrastructure. The contract for Wide Area Network services (Level 3 Contract) was originally established for the period November 14, 2006, through November 13, 2009 with Time Warner Telecom Holdings, Inc. (Time Warner) in 2006 as a result of a request for proposal (RFP) process. In 2009, Time Warner changed its name to TW Telecom Holdings, Inc., but continued operating as the same organizational entity until Level 3 acquired TW Telecom Holdings, Inc. in 2015, and assumed the Level 3 Contract. On June 16, 2015, the Board approved the Assumption and Consent Agreement with Level 3. On May 23, 2017, the Board authorized an extension to the term of the Level 3 Contract for a one-year period, effective June 14, 2017, through June 13, 2018.  On November 1, 2017, CenturyLink, Inc. (CenturyLink) acquired the parent of Level 3 in a stock and cash purchase in which CenturyLink, Inc. would act as the ultimate parent entity and Level 3 operate as an affiliate of CenturyLink, Inc. in the CenturyLink portfolio of affiliated companies, doing business as “CenturyLink”.  Because Level 3 would remain a separate operating entity, the Level 3 Contract was not assigned or transferred to a separate CenturyLink entity. 


On June 5, 2018, the Board authorized an additional extension to the term of the Level 3 Contract for the one-year period June 14, 2018, through June 13, 2019. 


On May 7, 2019, the Board authorized an additional extension to the term of the Level 3 Contract for the period effective May 7, 2019, through June 30, 2021, and authorized the execution of Assignment, Transfer, and Assumption Agreement with Atos International, Atos Governmental IT Outsourcing Services, LLC (Atos), and Level 3 D/B/A CenturyLink to transfer to the County’s contract with Level 3 for circuit and related services that Atos provided to the County as part of its service obligations under the Atos master services agreement, at no additional cost. 


On September 14, 2020, CenturyLink announced the rebranding of the company as Lumen Technologies.  However, at this time, ownership and structure of the affiliate companies remains unchanged.


On May 25, 2021, the Board authorized an additional extension to the term of the Level 3 Contract for the period effective July 1, 2021, through June 30, 2023.


On May 23, 2023, the Board authorized an additional extension to the term of the Level 3 Contract for the period effective July 1, 2023, through June 30, 2024. A more detailed history of the Level 3 Contract, including all other prior Board actions, is provided in Attachment C titled, "Contract History" and the contract and its prior amendments are attached in Attachment B.


Proposed Amendment Number 21


Due to the relocation of the County’s new Disaster Recovery (DR) site, a new network circuit is required to provide network connectivity to the new location and that is the reason this amendment is being submitted less than 30 days prior to the commencement of the requested Contract extension. Orange County Information Technology (OCIT) would like to add the new circuit for a 36-month term in order to save cost. Therefore, Board approval is required to extend the Contract through January 30, 2027. 



Below is a cost breakdown of the estimated future costs. The monthly recuring cost for the DR circuit is $1,275 per month and the total for FY 23-24 is $6,374. The amounts shown in FY 24-25 and beyond reflect costs for the extension periods for the existing and new DR circuits.


Fiscal Year


Fiscal Year Total


New DR Site Circuit Additional Cost – 5 months (Feb. 2024 – June 2024)



Existing and Future Services – 12 Months (July 2024 – June 2025)



Existing and Future Services – 12 Months (July 2025 – June 2026)



Existing and Future Services – 7 Months (July 2026 – Jan. 2027)


Estimated Total Cost:




The Level 3 Contract does not include subcontractors or pass through to other providers. See Attachment D for the Contract Summary Form.






The total additional amount being requested for the period February 1, 2024, through January 30, 2027 is $1,310,642. Appropriations and revenue have been included in the FY 2023-24 Budget for Fund 289, OCIT Countywide Services and will be included in the budget process for future years.


The Level 3 Contract includes a provision stating the contract is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board for each year during the term of the contract.  If such appropriations are not approved, the contract may be terminated without penalty to the County. 










Attachment A – Amendment Number 21 to Contract MA-017-16010665
Attachment B – Original Contract and Previous Amendments
Attachment C – Contract History
Attachment D – Contract Summary Form