AGENDA ITEM #8.5
Purchase and Sale Agreement and Escrow Instructions for the purchase of ... Page 114 of 970 Lolly Enriquez, Assistant City Attorney Approved - 08 Aug 2022 Brian Kinder, Finance Manager Approved - 08 Aug 2022
Bryan H. Montgomery, City Manager Approved - 08 Aug 2022
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APN 614-130-036
Land Description
Plat Map
Aerial Map
AGENDA ITEM #8.5
Purchase and Sale Agreement and Escrow Instructions for the purchase of ... Page 133 of 970 1 RESOLUTION NO. 2022-79
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE INDIO
WATER AUTHORITY AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE INDIO WATER AUTHORITY TO ACCEPT AND CONSENT TO
DEEDS OR GRANTS CONVEYING ANY INTEREST IN OR EASEMENT
UPON REAL ESTATE TO THE INDIO WATER AUTHORITY
THE BOARD OF DIRECTORS OF THE INDIO WATER AUTHORITY DO
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Indio Water Authority is a public entity formed under the joint exercise of powers authority pursuant to a joint exercise of powers agreement.
Section 2. The Executive Director of the Indio Water Authority is hereby authorized as the officer or agent of the Indio Water Authority to accept and consent to deeds and grants conveying an interest in or easement upon real estate to the Indio Water Authority, a public entity, for public purposes.
Section 3. This authorization is adopted in accordance with the provisions of Section 27281 of the Government Code and the Board Secretary of the Indio Water Authority is hereby instructed to record a certified copy of this resolution with the Riverside County Recorder’s Office.
Section 4. This Resolution shall be in full force and effective immediately upon its passage and adoption thereof.
Section 5. The Board Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 17th of August 2022 by the following vote:
AYES :
NOES:
ABSTAIN:
ABSENT:
_____________________________
Waymond Fermon, President
AGENDA ITEM #8.5
Purchase and Sale Agreement and Escrow Instructions for the purchase of ... Page 134 of 970 2 ATTEST:
_________________________
Cynthia Hernandez, CMC
Board Secretary
APPROVED AS TO FORM:
__________________________
Roxanne Diaz, General Counsel
AGENDA ITEM #8.5
Purchase and Sale Agreement and Escrow Instructions for the purchase of ... Page 135 of 970 City of Indio
City Council
August 17, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Second Reading of Ordinance No. 1781 adjusting City Council compensation following the November 2022 municipal election and amending the Indio Municipal Code.
RECOMMENDATION:
Adopt Ordinance 1781 amending Section 30.05 of the Indio Municipal Code to Increase City Council compensation following the November 2022 municipal election, waive full reading of Ordinance 1781 and request the City Clerk to read the ordinance by title only.
SUMMARY:
This month. per $1217.71 is Council City the for compensation monthly current The Indio compensation level has remained unchanged for the last two years. By formula specified in State law, the Indio City Council compensation may be increased at this time b y up to 10 percent (5% percent each calendar year from the operative date of the last compensation adjustment). Staff recommends that the City Council approve a 10 percent increase to be effective following the November 2022 municipal election. That increa se would raise the monthly salary from $1271.71 to $1339.47 – an increase of $121.76 per month per Councilmember. If approved, the cost increase would be $3,652.80 plus a small gross up for social security and CalPERS rates for this current fiscal year (fo r the six months following affirmation of the election results (January through June of 2023).
BACKGROUND INFORMATION:
In California, a General Law City may increase its compensation by no more than five percent per calendar year, only if approved by a City Council affirmative vote on a non-Consent Calendar item on a City Council agenda. By law, the increase does not go into effect until after the next municipal election.
If a City Council does not increase its compensation during one or more years, the five percent foregone increase(s) may be carried over to the next calendar year (additive; with no compounding) — provided however that if the City Council approves any level of increase in any year, the cumulative balance of foregone increases is zeroed out. In other words, if a City Council fails to increase the pay in years 1-3, there would be a cumulative allowance to increase the compensation of up to 15 percent in year three. If, however, the City Council adopts a four percent increase in year three, the cumulative balance is zeroed out for future years. It has been two years since the Indio City Council approved any salary increase.
AGENDA ITEM #8.6
Second Reading of Ordinance No. 1781 adjusting City Council compensation... Page 136 of 970 Indio is a General Law city. City Council compensation in General Law cities is governed by State law. For some Charter cities, the methodology for changing compensation can vary, compared to General Law cities. In the Coachella Valley, only Indio and Coachella are General Law cities.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$3,652.80 In current year budget: Yes
Current FY General
Fund Impact:
$3,652.80 Budget adjustment: No
Next FY Financial
Impact:
$7,305.60 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: General Fund Fund-Org-Object
Reference:
Additional Financial Details:
If approved, the cost increase would be $3,652.80 plus a small gross up for social security and CalPERS rates for this current fiscal year (for the six months following affirmation of the election results (January through June of 2023). Once implemented, the proposed 10 percent compensation increase would raise City costs, cumulatively for all five Councilmembers, by an annual total of $7,305.60, plus the gross up associated with CalPERS and social security rates. City Councilmembers also receive certain benefits (such as medical and pension) provided equally to all other employees.
ALTERNATIVES:
1. Adopt a lesser percentage increase
2. Maintain the current compensation level
ATTACHMENTS:
Attachment 1: Ordinance No. 1781 - CC Compensation
AGENDA ITEM #8.6
Second Reading of Ordinance No. 1781 adjusting City Council compensation... Page 137 of 970 1 ORDINANCE NO. 1781
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING SECTION 30.05 OF THE INDIO CODE OF
ORDINANCES REGARDING THE SPECIFIC COMPENSATION OF CITY
COUNCIL MEMBERS
WHEREAS, Government Code Section 36516(a)(4) authorizes the City Council, by ordinance, to adjust the amount of compensation paid to City Council members by up to five percent (5%) for each year from the operative date of the last compensation adjustment.
WHEREAS, Section 30.04 of the Indio Code of Ordinances authorizes the City Council, pursuant to Government Code Section 36516, to approve an annual increase in the compensation of City Council members that does not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment to City Council member compensation.
WHEREAS, the last adjustment of City Council compensation was set forth in Ordinance No. 1744, adopted by the City Council on January 15, 2020, which set the current salary for City Council members in the amount of $1217.71 per month.
WHEREAS, Ordinance No. 1744 became effective upon the commencement of the terms of new City Council members and/or re-elected City Council members after the general municipal election held in November 2020.
WHEREAS, Section 30.05 of the Indio Code of Ordinances currently provides that the compensation of City Council members be $1217.71 per month, and may be adjusted in accordance with state law.
WHEREAS, the City Council now desires to adjust its compensation in accordance with Government Code Section 36516 and Sections 30.04 and 30.05 of the Indio Code of Ordinances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Ordinance are true and correct.
Section 2. Pursuant to Government Code Section 36516.5, the adjustment in compensation for all City Council members provided by this ordinance shall not take effect until the commencement of the terms of any new City Council members or re- elected City Council members following the general municipal election to be held in November 2022.
AGENDA ITEM #8.6
Second Reading of Ordinance No. 1781 adjusting City Council compensation... Page 138 of 970 2 Section 3. Section 30.05 (“Specific Compensation of Council Members”) of Chapter 30 of Title III of the Indio Code of Ordinances is hereby amended to read as follows (with amended language in bold and italics):
“The compensation for City Council members shall be one thousand three hundred and thirty-nine dollars and forty-seven cents $1,339.47) per month, and may be adjusted in accordance with state law. Such compensation shall be payable in the same manner as salaries are paid to other officers and employees of the city.”
Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2022. ________________________
WAYMOND FERMON
MAYOR
ATTEST:
_________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
AGENDA ITEM #8.6
Second Reading of Ordinance No. 1781 adjusting City Council compensation... Page 139 of 970 City of Indio
City Council
August 17, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Resolution No.10320 appointing Steven P. Graham as City Attorney and approving an associated legal services agreement with Cole Huber LLP.
RECOMMENDATION:
Adopt the resolution appointing Steven P. Graham as City Attorney and authorizing the City Manager to execute an associated legal services agreement with Cole Huber LLP.
SUMMARY:
From time to time the City issues requests for proposals (RFP) for various services needed by the City. At its May 4, 2022 meeting, the City Council approved publishing an RFP to solicit proposals from qualified attorneys and/or law firms interested in pro viding City Attorney services to the City of Indio. Sixteen firms responded to the RFP and all proposals were thoroughly reviewed. Ten firms participated in preliminary interviews, six in semi -finalist interviews, and then three firms participated in final interviews. The firm that rose to the top through the review process is Cole Huber LLP that has offices found be can firm the about Roseville. More at and Ontario both in information https://colehuber.com/ Cole Huber has proposed that a partner in the fir m, Steven P. Graham, be appointed Indio's City Attorney and that other attorneys in the firm be made available to provide various other legal services to the City. Mr. Graham currently serves as the City Attorney for the cities of Hemet and Canyon Lake, and is a well-known and respected municipal attorney. If appointed, Mr.
Graham would begin his service as Indio's City Attorney on August 18, 2022.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
~ $370,000 for Retainer* In current year budget: Yes
Current FY General
Fund Impact:
~$370,000 for Retainer* Budget adjustment: No
Next FY Financial
Impact:
~$442,000 for Retainer * Strategic Objective:
Source of funds: General Fund (some costs may
be charged to IWA and other
special revenue funds)
Fund-Org-Object
Reference:
Additional Financial Details:
*Exhibit B of the Agreement outlines the costs of services. Historically, legal costs beyond the monthly retainer have brought total City Attorney legal services costs to about $850,000 per year.
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ALTERNATIVES:
Not make the appointment
ATTACHMENTS:
Attachment 1: Resolution No. 10320 - Appointing City Attorney Attachment 2: City of Indio Legal Services Agreement - Draft
AGENDA ITEM #8.7
Resolution No. 10320 appointing Steven P. Graham as City Attorney and ap... Page 141 of 970 RESOLUTION NO. 10320
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA APPOINTING STEVEN P. GRAHAM AS CITY ATTORNEY
AND APPROVING A LEGAL SERVICES AGREEMENT WITH COLE
HUBER LLP.
WHEREAS, the City Council desires to appoint a City Attorney and hire a law firm to provide legal services to the City; and
WHEREAS, in May of 2022 the City Council approved the publishing of a request for proposals for City Attorney and associated legal services; and
WHEREAS, sixteen law firms responded and subm itted proposals pursuant to the request for proposals; and
WHEREAS, after a thorough review of the proposals, interviews and background reviews, the City Council desires to appoint Steven P. Graham, partner in the law firm of Cole Huber LLP, as City Attorney; and
WHEREAS, the City Council desires to approve a legal services agreement with Cole Huber LLP that sets forth the compensation of the City Attorney and the terms and conditions for the provision of other legal services.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF INDIO DOES HER EBY RESOLVE, DETERMINE and ORDER AS FOLLOWS:
Section 1. Steven P. Graham, partner in the law firm of Cole Huber LLP is appointed City Attorney effective August 18, 2022.
Section 2. The legal services agreement with Cole H uber LLP, a true and exact copy is attached hereto as Exhibit A, is approved and the City Manager is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2022.
________________________
WAYMOND FERMON
MAYOR
ATTEST:
_________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
AGENDA ITEM #8.7
Resolution No. 10320 appointing Steven P. Graham as City Attorney and ap... Page 142 of 970 Legal Services Agreement
LEGAL SERVICES AGREEMENT BETWEEN
CITY OF INDIO AND COLE HUBER LLP
THIS AGREEMENT for legal services is entered into by and between the City of Indio (hereinafter referred to as "City") and Cole Huber LLP (hereinafter referred to as "Law Firm"), as of August 18, 2022 (the "Effective Date").
SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Law Firm shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. This Agreement shall begin on the Effective Date and shall continue unless the Agreement is otherwise terminated as provided for in Section
7. 1.2 Standard of Performance. Law Firm shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Law Firm is engaged in the geographical area in which Law Firm practices its profession. Law Firm shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Law Firm's profession.
1.3 Assignment of Personnel. Law Firm shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons for any reason other than a characteristic protected under state employment laws and the California Rules of Professional Conduct, Law Firm shall, immediately upon receiving notice from City of such desire, reassign such person or persons.
1.4 Time. Law Firm shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Law Firm's obligations hereunder.
SECTION 2. COMPENSATION. City agrees to pay Law Firm in accordance with the Compensation Schedule provided in Exhibit B for services to be performed and reimbursable costs incurred under this Agreement. The rates and charges outlined in the Compensation Schedule shall be valid through at least June 30, 2023. Law Firm may adjust the rates and charges under this Agreement on July 1, 2023 and each year thereafter if: (i) the adjustment to rates and charges does not exceed the increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the Riverside Area and (ii) Law Firm has provided the City at least 90 days’ notice of its intent to adjust rates and charges. City shall pay Law Firm for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Law Firm for services rendered pursuant to this Agreement. Law Firm shall submit all invoices to City in the manner specified herein. Except as
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specifically authorized by the City, Law Firm shall not bill City for duplicate services performed by more than one person.
Law Firm and City acknowledge and agree that compensation paid by City to Law Firm under this Agreement is based upon Law Firm's invoices only, and City has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Law Firm shall submit invoices not more often than once a month during the term of this Agreement (unless requested otherwise by City), based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
Invoices shall contain the following information:
▪The beginning and ending dates of the billing period;
▪A Task Summary containing the amount of any prior billings, the total due for the period being billed for, and any outstanding sums remaining unpaid; and
▪The applicable time entries showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable costs incurred. City shall have thirty (30) days from receipt of an invoice to pay Law Firm.
2.3 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and expenses not listed in Exhibit B are not chargeable to City.
2.4 Payment of Taxes. Law Firm is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.5 Payment upon Termination. In the event that City or Law Firm terminates this Agreement pursuant to Section 7 of this Agreement, the City shall compensate the Law Firm for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Law Firm shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.6 Authorization to Perform Services. Law Firm is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization (written or verbal) from City.
SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Law Firm shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Law Firm only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Law Firm's use while consulting with City
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employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall the City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Law Firm, at its own cost and expense, shall procure and maintain professional malpractice insurance in the amount of not less than $2 million per occurrence throughout the term of this Agreement. Law Firm shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City, and that such insurance is in effect prior to commencing work under this Agreement. Law Firm shall maintain the insurance policy required by this section throughout the term of this Agreement.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Variation. City may approve a variation in the insurance requirements upon a determination that the coverage, scope, limit, and form of such insurance is either not commercially available, or that the City's interests are otherwise fully protected.
4.2 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Law Firm shall provide written notice to City at Law Firm's earliest possible opportunity, and in no case later than five (5) days after Law Firm is notified of the change in coverage.
4.3 Remedies. In addition to any other remedies City may have if Law Firm fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Law Firm's breach:
4.3.1.Order Law Firm to stop work under this Agreement or withhold any payment that becomes due to Law Firm hereunder, or both stop work and withhold any payment, until Law Firm demonstrates compliance with the requirements hereof; and/or
4.3.2Terminate this Agreement.
SECTION 5. STATUS OF LAW FIRM.
5.1 Independent Contractor. At all times during the term of this Agreement, Law Firm shall be an independent contractor and shall not be an employee of the City.
City shall have the right to control Law Firm only insofar as the results of Law Firm's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, City shall otherwise not have the right to control the means by which Law Firm accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other city, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Law Firm and any of its employees, agents, and subcontractors
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providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
5.2 Law Firm Not Agent. Except as City may specify in writing or as provided by law, Law Firm shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Law Firm shall have no authority, express or implied, pursuant to this Agreement to bind the City to any obligation whatsoever.
SECTION 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Law Firm and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
6.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Law Firm and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
6.4 Licenses and Permits. Law Firm represents and warrants to the City that Law Firm and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature legally required to practice their respective professions. Law Firm represents and warrants to City that Law Firm and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals legally required to practice their respective professions. In addition to the foregoing, Law Firm and any subcontractors shall obtain and maintain during the term of this Agreement any required business licenses from City.
6.5 Nondiscrimination and Equal Opportunity. Law Firm shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Law Firm under this Agreement. Law Firm shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement.
Law Firm shall include the provisions of this subsection in any subcontract approved by the City.
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SECTION 7. TERMINATION AND MODIFICATION.
7.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Law Firm. Such written notification must provide an effective date of cancellation.
Law Firm may cancel this Agreement upon sixty (60) days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Law Firm shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Law Firm delivering to City copies of any or all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Law Firm prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder. Originals of attorney work product shall remain the property of Law Firm.
7.2 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
7.3 Assignment. City and Law Firm recognize and agree that this Agreement contemplates personal performance by Law Firm and is based upon a determination of Law Firm's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Law Firm. Law Firm may not assign this Agreement or any interest therein without the prior written approval of the City Manager.
7.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Law Firm shall survive the termination of this Agreement.
7.5 Options Upon Breach by Law Firm. If Law Firm materially breaches any of the terms of this Agreement, City's remedies shall include but not be limited to the following:
7.5.1Immediate termination of the Agreement;
7.5.2Retention of the plans, reports, documents, and any other work product prepared by Law Firm pursuant to this Agreement; and/or
7.5.3Retention of a different law firm to complete any work described in Exhibit A remaining unfinished by Law Firm.
SECTION 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Law Firm's Performance. Law Firm hereby agrees to deliver copies of all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Law Firm prepares or
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obtains pursuant to this Agreement to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Law Firm agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
8.2 Law Firm's Books and Records. Law Firm shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Law Firm pursuant to this Agreement.
SECTION 9. MISCELLANEOUS PROVISIONS.
9.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees (including reasonable costs and disbursements) in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the Superior Court for the County of Riverside.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
9.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
9.6 Conflict of Interest. Law Firm may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Law Firm in a "conflict of interest," as that term is defined in the rules of professional responsibility governing Law Firm's profession, unless such conflict may be waived by City and City chooses to waive such conflict in writing.
Law Firm shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code section 1090 et seq.
AGENDA ITEM #8.7
Resolution No. 10320 appointing Steven P. Graham as City Attorney and ap... Page 148 of 970 Legal Services Agreement
Law Firm hereby warrants that although it has previously performed, and is currently performing, legal services for the City as an independent contractor, it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Law Firm were an employee, agent, appointee, or official of the City in the previous 12 months, Law Firm warrants that it did not participate in any manner in the forming of this Agreement. Law Firm understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Law Firm will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Law Firm will be required to reimburse the City for any sums paid to the Law Firm. Law Firm understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
9.8 Solicitation. Law Firm agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
9.9 Notices.
Any written notice to Law Firm shall be sent to:
Cole Huber LLP
Attn: Steven Graham
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Any written notice to City shall be sent to:
City of Indio, CA
Attn: Bryan Montgomery, City Manager
100 Civic Ctr Drive
Indio, CA 92201
9.10 Integration. This Agreement, including attachments, represents the entire and integrated agreement between City and Law Firm and supersedes all prior negotiations, representations, or agreements, either written or oral.
9.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
9.12 Authorized Signature. Each person and party signing this Agreement warrants that he/she has the authority to execute this Agreement on behalf of the principal and that the party will be bound by such signature. [Signature Page Follows]
AGENDA ITEM #8.7
Resolution No. 10320 appointing Steven P. Graham as City Attorney and ap... Page 149 of 970 Legal Services Agreement
LEGAL SERVICES AGREEMENT BETWEEN
CITY OF INDIO AND COLE HUBER LLP
The parties have executed this Agreement as of the Effective Date.
CITY
CITY OF INDIO, CA
By: _______________________________
Bryan H. Montgomery, City Manager
LAW FIRM
COLE HUBER LLP
By_________________________________
Derek Cole, Managing Partner
ATTEST:
___________________________________
Sabdi Sanchez, City Clerk Administrator
By_________________________________
Steven P. Graham, Partner
AGENDA ITEM #8.7
Resolution No. 10320 appointing Steven P. Graham as City Attorney and ap... Page 150 of 970 Exhibit A: Scope of Work
EXHIBIT A – SCOPE OF WORK
The following services shall be provided under this Agreement:
CITY ATTORNEY SERVICES
Law Firm shall provide all general counsel services customarily provided to public agencies such as the City, which include the following:
Advise the City Council, Commissions, other City officials, and staff on legal matters pertaining to municipal government, including the Brown Act and parliamentary procedures for running meetings;
Attend all City Council and other meetings as requested by the City Council and City Manager;
Provide legal advice, consultations and opinions to the City Council, City Manager, and staff;
Prepare and/or review all ordinances, resolutions, municipal contracts, and other contracts and agreements entered into by the City;
Alert the City in a timely manner on new State or Federal legislation or judicial decisions that may impact the City and propose appropriate action(s) to assure compliance; Inform the City Council and recommend changes to City ordinances and policies as needed;
Research and submit legal opinions on municipal or other legal matters as requested by the City Council or City Manager;
Review memorandums of understanding and provide guidance on personnel matters, labor relations and policies and procedures affecting employees, including employee discipline or procedures to assure compliance;
Provide legal work pertaining to land use issues including, but not limited to, property acquisitions, property disposals, public improvements, easements, dedications, the California Environmental Quality Act and public utilities; Enforce City codes, zoning regulations, and building standards through administrative and judicial actions;
Initiate and prosecute any necessary criminal actions required to enforce municipal ordinances;
Review documents, policies, and forms to ensure compliance with current laws; Coordinate and monitor the work and cost of special legal counsel; Promptly respond to calls, e-mails, and correspondence from the City Council, City Officials and staff; and
AGENDA ITEM #8.7
Resolution No. 10320 appointing Steven P. Graham as City Attorney and ap... Page 151 of 970 Exhibit A: Scope of Work
Perform other non-litigation or non-specialized legal duties as requested by the City Council or City Manager.
LITIGATION SERVICES
Upon authorization by the City, Law Firm shall represent the City in any judicial action or any administrative proceeding. Representation of the City shall include:
Preparation for and attendance at court hearings (except for hearings relating to work performed on behalf of the City to prosecute code violations and perform enforcement code functions);
Drafting of pleadings, motions, memoranda, court forms, and other litigation documents; Research and analysis of claims, defenses, and remedies; Drafting and responding to discovery;
Coordinating, reviewing, and summarizing discovery and document productions; Preparing for, attending and summarizing depositions, including witness preparation and preparation of post-deposition summaries or reports;
Preparation of administrative records;
Meetings with client representatives, opposing counsel, and others concerning the litigation;
Trial and trial preparation; and
Other tasks as may be necessary to the successful completion of the litigation.
AGENDA ITEM #8.7
Resolution No. 10320 appointing Steven P. Graham as City Attorney and ap... Page 152 of 970
EXHIBIT B
COMPENSATION SCHEDULE AND REIMBURSABLE EXPENSES
Retainer Rates: City shall pay Law Firm $36,800 per month based on the parties' understanding that Law Firm shall, on average, devote 160 hours of attorney time to the City Attorney Services described in Exhibit A (and assuming an average hourly rate of $230.00). The parties shall review the hours spent per month (i) six months, and (ii) at each annual anniversary after the effective date of this contract to determine whether 160 hours is an accurate measure for setting the monthly retainer. If the parties determine a different number should be utilized, they shall attempt to agree upon a mutual decrease or increase of the monthly retainer and shall reflect their resolution in writing.
Exceptions from Retainer:
Any land use, environmental, or other work that the City is being reimbursed for by a third-party shall not be subject to the retainer and will be invoiced to the City at the rates agreeable to the City Manager. Such work will be tracked on a per-project basis and the City shall only be responsible for payment of funds reimbursed to the City by the third-party.
Labor and personnel issues are exempt from the retainer, including: reviewing memorandums of understanding, labor relations and policies and procedures affecting employees, including employee discipline or procedures to assure compliance. Any work assigned will be invoiced to the City at rates agreeable to the City Manager.
Litigation Services shall be provided at the following rates:
LITIGATION SERVICES: RATES
Attorneys (Blended): $260.00/hour
Paralegals/Law Clerks: $175.00/hour
Costs shall be paid as follows:
COSTS
Duplication/reproduction fees
(50 pages or more)
Actual cost if performed by outside
service; $0.15 if performed in-house
Vehicle travel originating from Firm’s
Ontario office (Litigation Only)
Applicable IRS rate per
mile x number of miles
Extraordinary postage or overnight
delivery costs
Actual Cost
Costs incurred in the course of investigation, research, negotiation or litigation will also be invoiced monthly. The following list of charges is included by way of example:
Parking and toll fees Actual Cost
Extraordinary postage or overnight
delivery costs
Actual Cost
AGENDA ITEM #8.7
Resolution No. 10320 appointing Steven P. Graham as City Attorney and ap... Page 153 of 970 Exhibit A: Scope of Work
Court filing fees Actual Cost
Attorney services (includes service of
process fees, arbitrators, and
mediators)
Actual Cost
Messenger services Actual Cost
Witness fees Actual Cost
Expert fees Actual Cost
Westlaw research Prorated so the City would
pay its proportionate share
Accurint or other database research fees Actual Cost
Data conversion costs and forensic IT work Actual Costs FedEx, OnTrac Overnight, or other one-
day delivery services
Actual Cost
Duplication/reproduction fees (50 pages or
more)
Actual cost if performed by
outside service; $.15/copy if in-
house
Any other expense not listed above that
becomes necessary for the successful
resolution of a client matter
Actual Cost
AGENDA ITEM #8.7
Resolution No. 10320 appointing Steven P. Graham as City Attorney and ap... Page 154 of 970 City of Indio
City Council
August 17, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Agreement for Special Legal Counsel Services with the law firm of Liebert Cassidy Whitmore.
RECOMMENDATION:
Approve the Special Counsel legal services agreement with the law firm of Liebert Cassidy Whitmore in an amount not to exceed $300,000 each fiscal year.
SUMMARY:
Liebert Cassidy Whitmore provides the City with special legal services pertaining to labor and employment matters, including representation in negotiations and in administrative and court proceedings, as requested by the City of Indio or required by law.
BACKGROUND INFORMATION:
Liebert Cassidy Whitmore provides the City with special legal services pertaining to labor and employment matters, including representation in negotiations and in administrative and court proceedings, as requested by the City of Indio or required by law. The firm is requesting approximately a 9.5% increase effective July 1, 2022, to bring them in line with their other clients.
The last rate increase occurred in 2021. The newly proposed rates are reflected in Attachment 1 to the Agreement for Special Services. Liebert Cassidy Whitmore has provided employment legal services to the City of Indio for more than 23 years. This relationship will allow for continued seamless collaboration on current open and future legal matters. jjjj
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$300,000 In current year budget: Yes
Current FY General
Fund Impact: Budget adjustment:
Next FY Financial
Impact:
$300,000 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: HR Purchase Services: Legal Fund-Org-Object Reference:
10111122521056
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 155 of 970 ATTACHMENTS:
Attachment 1: LCW Agreement 2022
APPROVAL(S):
Andrew Ansoorian, Dir. Of Human Resources & Risk
Management
Approved - 28 Jul 2022
Roxanne Diaz, City Attorney Approved - 03 Aug 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 05 Aug 2022 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 09 Aug 2022
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 156 of 970 1 942546.1 IN040-001
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation (“Attorney”), and the CITY OF INDIO, A Municipal Corporation (“City”) as of July 1, 2022.
1. Term
This Agreement is effective July 1, 2022 (“Effective Date”) and is ongoing until terminated by the parties. This agreement shall be terminable by either party upon thirty (30) days written notice.
2. Attorney’s Services
Attorney agrees to provide City with representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City.
3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time, not to exceed Three Hundred Thousand Dollars ($300,000.00) each fiscal year during the term of this Agreement pursuant to the hourly rates set forth in the Public Agency Fee Schedule attached to this Agreement.
The current range of hourly rates for Attorney time is from Two Hundred and Thirty to Four Hundred and Fifteen Dollars ($230.00 - $415.00), Two Hundred Sixty Dollars ($260.00) for Labor Relations/Human Resources Consultant time, and from One Hundred Forty-Five to One Hundred and Eighty- Five Dollars ($145.00 - $185.00) for time of paraprofessional and litigation support staff. All time is billed in minimum units of one-tenth of an hour.
Notwithstanding, no separate charge shall be made by Attorney for secretarial or word processing services.
City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15) per page and facsimile charges at Fifty Cents ($0.50) per page as set forth in the Public Agency Fee Schedule attached to this Agreement.
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 157 of 970 2 942546.1 IN040-001
Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice.
4. Insurance Coverage.
A. Attorney shall maintain at all times during the term of this Agreement policies of insurance with at least the minimum coverage specified below:
1. General Liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000).
2. Workers’ compensation coverage in compliance with
California law.
3. Professional errors and omissions coverage with a minimum limit of liability of Two Million Dollars ($2,000,000) in the aggregate, providing coverage for damages or losses suffered as a result of wrongful errors or omissions or neglect by Attorney that arises out of the professional services rendered by Attorney under this Agreement. Such insurance may be subject to reasonable terms, limitations and conditions and a self-insured retention or deductible to be borne entirely by Attorney.
4. Any additional insurance required by the State of California.
B. Prerequisites. All insurance coverage required by this Agreement shall (1) provide a minimum thirty (30) days written notice of modification or cancellation; (2) be maintained in full force and effect throughout the term of this Agreement; and (3) the general liability policy shall name the City as an additional insured.
C. The insurance requirements in this Section 4 are not intended as a limitation on insurance coverage, nor a waiver of any coverage normally provided by any insurance policy issued to Attorney. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
5. Indemnification.
Attorney shall defend, indemnify and hold the City, its officials, officers, employees, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of any wrongful or negligent errors, omissions or inaction of Attorney, its officials, officers, employees, agents, Attorneys, and contractors arising out of
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 158 of 970 3 942546.1 IN040-001
performance of Attorney’s services as provided in this Agreement. This Section 5 shall survive the expiration or termination of this Agreement.
6. Conflicts of Interest.
Attorney agrees not to accept any employment during the term of this Agreement by any other person, firm or corporation which employment may create a conflict of interest with the interests of City.
7. Arbitration of Professional Liability or Other Claims.
Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206.
The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys’ fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required.
If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.
8. File Retention.
After our services conclude, Attorney will, upon City’s request, deliver the file for the matter to City, along with any funds or property of City’s in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City’s expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file.
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 159 of 970 4 942546.1 IN040-001
9. Assignment.
This Agreement is not assignable by Attorney without the written consent of City.
10. Independent Contractor.
It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City.
11. Authority.
The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto.
12. Entire Agreement.
This Agreement represents the entire and integrated Agreement between City and Attorney and supersedes any and all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written instrument signed by both City and Attorney.
13. Time of Performance; Efficiency of Services; Cooperation.
The services of Attorney shall be performed expeditiously in light of the purposes of this Agreement. Attorney shall follow all procedures as established by the City consistent with its duties. Attorney shall work cooperatively with appropriate City staff and keep them informed on all matters of importance as they arise.
14. Non-Discrimination.
In the performance of this Agreement, Attorney shall comply with all applicable provisions of the California Fair Employment and Housing Act (California Government Code Sections 12900 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 2203 - 217), whichever is more restrictive.
15. Waiver.
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 160 of 970 5 942546.1 IN040-001
waiver of any breach, any failure of a condition, or any right or remedy under this Agreement: (1) shall be deemed effective unless it is in writing and signed by City; (2) shall be deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) shall be deemed to constitute a continuing waiver unless the writing expressly so states.
16. Governing Law and Interpretation.
This Agreement shall be construed and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. The section captions and headings in this Agreement have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
17. Attorney Fees.
In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorney fees, together with costs and expenses, to resolve the dispute and to enforce the final judgment.
18. Severability.
If any portion or all of this Agreement is held to be unenforceable for any reason, the remainder of that provision and the remainder of the Agreement shall remain in full force and effect.
19. Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
To Attorney:
Liebert Cassidy Whitmore
6033 West Century Boulevard
Los Angeles, California 90045
To City:
100 Civil Center Mall
Indio, CA 92201
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 161 of 970 6 942546.1 IN040-001
and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
20. Previous Agreements.
This Agreement supersedes any previous agreements entered into by the parties as of the Effective Date.
CITY OF INDIO:
_____________________________
Bryan Montgomery
City Manager
ATTEST:
____________________________
CYNTHIA HERNANDEZ
City Clerk
APPROVED AS TO FORM:
____________________________
ROXANNE DIAZ
City Attorney
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 162 of 970 7 942546.1 IN040-001
LIEBERT CASSIDY WHITMORE,
A Professional Corporation
Name:
Title:
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 163 of 970 8 942546.1 IN040-001
I. PUBLIC AGENCY FEE SCHEDULE
Hourly Rates (As of Agreement Effective Date)
Partners $380.00
Senior Counsel $325.00
Associates $210.00 - $305.00
Labor Relations/Human Resources
Consultant
Paralegals
Paraprofessionals & Litigation Support
$240.00
$135.00
$
$75.00 - $150.00
E-Discovery Specialists
Law Clerks
$135.00
$135.00 - $175.00
II. COST SCHEDULE
1. Photocopies $0.15 per copy
2. Facsimile Transmittal $0.50 per page
AGENDA ITEM #8.8
Agreement for Special Legal Counsel Services with the law firm of Lieber... Page 164 of 970 City of Indio
City Council
August 17, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the City’s bulk fuel needs
RECOMMENDATION:
Approve the fuel purchase in the amount of $483,000 from Soco Group, Inc. for the City’s bulk fuel needs.
SUMMARY:
With the construction of the Indio Corporate Yard, an above ground bulk fueling facility was built. This fueling facility gives the City an opportunity to purchase bulk fuel at a lower rate and a more secure means in which to provide fuel for the City’s mo bile fleet equipment. Staff has reviewed the current fuel delivery service contract for the County of Riverside and has determined that this contract will meet the City’s needs for cost effectiveness and fuel specifications.
BACKGROUND INFORMATION:
The County of Riverside has entered into an agreement with Soco Group, Inc. for the purchase of bulk fuel. The City’s municipal code 33.116 Purchasing Policies and Guidelines (paragraph 4 section C) allows for cooperative purchasing with other public jurisdict ions on agreements with vendors for goods that are established by completive bidding by another public jurisdiction, such as the County of Riverside in this case. Purchasing on Riverside County’s fuel delivery service contract to supply fuel for the needs of the City of Indio, will give staff the ability to continue a timely and cost effective procurement of needed bulk fuel. In the event of an emergency, a second vendor for fuel purchases is also available utilizing Riverside County’s fuel delivery service contact.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$483,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: Fleet Maintenance - Motor Fuel Fund-Org-Object Reference:
605-531030
Additional Financial Details:
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 165 of 970 For Fiscal Year 22/23, $500,000.00 was budgeted for citywide fueling needs. The funds are budgeted and available within the Internal Service Fund (Fleet Services).
Beginning Balance $500,000.00
Purchase Cost $483,000.00
Fund Balance Remaining $ 17,000.00
ATTACHMENTS:
Attachment 1 - Riverside County Fuel Delivery Service Contract
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 04 Aug 2022 Roxanne Diaz, City Attorney Approved - 04 Aug 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 05 Aug 2022 Bryan H. Montgomery, City Manager Approved - 08 Aug 2022
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 166 of 970
ATTACHMENT 1
RIVERSIDE COUNTY DELIVERY SERVICE CONTRACT
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 167 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 1 of 32
Form #116-310 – Dated: 3/21/2019
PROFESSIONAL SERVICE AGREEMENT
for
PURCHASE AND DELIVERY OF
UNLEADED 87 OCTANE FUEL AND
ULTRA-LOW SULFUR DIESEL FUEL
between
COUNTY OF RIVERSIDE
and
SC COMMERCIAL, LLC
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 168 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 2 of 32
Form #116-310 – Dated: 3/21/2019
TABLE OF CONTENTS
SECTION HEADING PAGE NUMBER
1. Description of Services....................................................................................................................... 3
2. Period of Performance ........................................................................................................................ 3
3. Compensation ..................................................................................................................................... 3-4
4. Alteration or Changes to the Agreement ........................................................................................... 5
5. Termination ........................................................................................................................................ 5-6
6. Ownership/Use of Contract Materials and Products ......................................................................... 6
7. Conduct of Contractor ........................................................................................................................ 6-7
8. Inspection of Service; Quality Control/Assurance ............................................................................ 7
9. Independent Contractor/Employment Eligibility ............................................................................... 7-9
10. Subcontract for Work or Services ...................................................................................................... 9
11. Disputes ............................................................................................................................................. 9
12. Licensing and Permits ....................................................................................................................... 9
13. Use by Other Political Entities ........................................................................................................... 10
14. Non-Discrimination ........................................................................................................................... 10
15. Records and Documents .................................................................................................................... 10
16. Confidentiality ................................................................................................................................... 10-11
17. Administration/Contract Liaison ........................................................................................................ 11
18. Notices ................................................................................................................................................ 11
19. Force Majeure ..................................................................................................................................... 11
20. EDD Reporting Requirements ............................................................................................................ 11-12
21. Hold Harmless/Indemnification ......................................................................................................... 12
22. Insurance ........................................................................................................................................... 12-15
23. General .............................................................................................................................................. 15-17 Exhibit A-Scope of Services ........................................................................................................................... 18-20 Exhibit B-Payment Provisions ........................................................................................................................ 21-32 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 169 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 3 of 32
Form #116-310 – Dated: 3/21/2019
This Agreement is made and entered into this 1st day of April, 20 22, by and between SC COMMERCIAL, LLC, a Delaware limited liability company, (herein referred to as "CONTRACTOR") and the COUNTY OF RIVERSIDE , a political subdivision of the State of California, (herein referred to as "COUNTY"). The parties agree as follows:
1. Description of Services
1.1 CONTRACTOR shall provide all services as outlined and specified in Exhibit A, Scope of Services, at the prices stated in Exhibit B, Payment Provisions, for the purchase and delivery of fuel and ultra- low sulfur diesel fuel.
1.2 CONTRACTOR represents that it has the skills, experience, and knowledge necessary to perform under this Agreement and the COUNTY relies upon this representation. CONTRACTOR shall perform to the satisfaction of the COUNTY and in conformance to and consistent with the highest standards of firms/professionals in the same discipline in the State of California.
1.3 CONTRACTOR affirms that it is fully apprised of all of the work to be performed under this Agreement; and the CONTRACTOR agrees it can properly perform this work at the prices stated in Exhibit B.
CONTRACTOR is not to perform services or provide products outside of the Agreement.
1.4 Acceptance by the COUNTY of the CONTRACTOR’s performance under this Agreement does not operate as a release of CONTRAC TOR’s responsibility for full compliance with the terms of this Agreement.
2. Period of Performance
2.1 This Agreement shall be effective April 1, 2022 and continues in effect through March 31, 2027, unless terminated earlier. CONTRACTOR shall commence pe rformance upon signature of this Agreement by both parties and shall diligently and continuously perform thereafter. The Riverside County Board of Supervisors is the only authority that may obligate the C OUNTY for a non-cancelable multi-year agreement.
3. Compensation
3.1 The COUNTY shall pay the CONTRACTOR for services performed, products provided and expenses incurred in accordance with the terms of Exhibit B, Payment Provisions . Maximum payments by COUNTY to CONTRACTOR shall not exceed three million dollars ($3,000,000.00) annually including all expenses. The COUNTY is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or products. Unless DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 170 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 4 of 32
Form #116-310 – Dated: 3/21/2019
otherwise specifically stated in Exhibit B, COUNTY shall not be responsible for payment of any of CONTRACTOR’s expenses related to this Agreement.
3.2 No price increases will be permitted during the first year of this Agreement (If applicable). The COUNTY requires written proof satisfactory to COUNTY of cost increases prior to any approved price adjustment.
After the first year of the award, a minimum of 30-days advance notice in writing is required to be considered and approved by COUNTY. No retroactive price adjustments will be considered. Any price increases must be stated in a written amendment to this Agreement. The net dollar amount of profit will remain firm during the period of the Agreement. Annual increases shall not exceed the Consumer Price Index- All Consumers, All Items - Greater Los Angeles, Riverside and Orange County areas and be subject to satisfactory performance review by the COUNTY and approved (if needed) for budget funding by the Board of Supervisors.
3.3 CONTRACTOR shall be paid only in accordance with an invoice submitted to COUNTY by CONTRACTOR within fifteen (15) days from the last day of each calendar month, and COUNTY shall pay the invoice within thirty (30) working days from the date of receipt of the invoice. Payment shall be made to CONTRACTOR only after services have been rendered or delivery of materials or products, and acceptance has been made by COUNTY. Prepare invoices in duplicate. For this Agreement, send the original and duplicate copies of invoices to the COUNTY department that requested the services. a) Each invoice shall contain a minimum of the following information: invoice number and date; remittance address; bill -to and ship -to addresses of ordering department/division; Agreement number (PSA-0004078); quantities; item descriptions, unit prices, extensions, sales/use tax if applicable, and an invoice total.
b) Invoices shall be rendered monthly in arrears.
3.4 The COUNTY obligation for payment of this Agreement beyond the current fiscal year end is contingent upon and limited by t he availability of COUNTY funding from which payment can be made. In the State of California, government agencies are not allowed to pay excess interest and late charges, per Government Code, Section 926.10. No legal liability on the part of the COUNTY sha ll arise for payment beyond June 30 of each calendar year unless funds are made available for such payment. In the event that such funds are not forthcoming for any reason, COUNTY shall immediately notify CONTRACTOR in writing; and this Agreement shall be deemed terminated, have no further force, and effect.
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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4. Alteration or Changes to the Agreement
4.1 The Board of Supervisors and the COUNTY Purchasing Agent and/or his designee is the only authorized COUNTY representatives who may at any time, by written order, alter this Agreement. If any such alteration causes an increase or decrease in the cost of, or the time required for the performance under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified by written amendment accordingly.
4.2 Any claim by the CONTRACTO R for additional payment related to this Agreement shall be made in writing by the CONTRACTOR within thirty (30) days of when the CONTRACTOR has or should have notice of any actual or claimed change in the work, which results in additional and unanticipated cost to the CONTRACTOR. If the COUNTY Purchasing Agent decides that the facts provide sufficient justification, he may authorize additional payment to the CONTRACTOR pursuant to the claim. Nothing in this section shall excuse the CONTRACTOR from proceeding with performance of the Agreement even if there has been a change.
5. Termination
5.1 COUNTY may terminate this Agreement without cause upon thirty (30) days written notice served upon the CONTRACTOR stating the extent and effective date of termination.
5.2 COUNTY may, upon five (5) days written notice , terminate this Agreement for CONTRACTOR's default, if CONTRACTOR refuses or fails to comply with the terms of this Agreement or fails to make progress that may endanger performance and does not immediate ly cure such failure. In the event of such termination, the COUNTY may proceed with the work in any manner deemed proper by COUNTY.
5.3 After receipt of the notice of termination, CONTRACTOR shall:
(a) Stop all work under this Agreement on the date specified in the notice of termination; and
(b) Transfer to COUNTY and deliver in the manner as directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would have been required to be furnished to COUNTY.
5.4 After termination, COUNTY shall make payment only for CONTRACTOR’s performance up to the date of termination in accordance with this Agreement.
5.5 CONTRACTOR’s rights under this Agreement shall terminate (except for fees accrued prior to the date of termination) upon dishonesty or a willful or material breach of this Agreement by DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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CONTRACTOR; or in the event of CONTRACTOR’s unwillingness or inability for any reason whatsoever to perform the terms of this Agreement. In such event, CONTRACTOR shall no t be entitled to any further compensation under this Agreement.
5.6 If the Agreement is federally or State funded, CONTRACTOR cannot be debarred from the System for Award Management (SAM ). CONTRACTOR must notify the COUNTY immediately of a debarment. Refer ence: System for Award Management (SAM) at https://www.sam.gov for Central Contractor Registry (CCR), Federal Agency Registration (Fedreg), Online Representations and Certifications Application, and Excluded Parties List System (EPLS)). Excluded Parties Li sting System (EPLS) (http://www.epls.gov) (Executive Order 12549, 7 CFR Part 3017, 45 CFR Part 76, and 44 CFR Part 17). The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.
5.7 The rights and remedies of COUNTY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement.
6. Ownership/Use of Contract Materials and Products
The CONTRACTOR agrees that all materials, reports or products in any form, including electronic, created by CONTRACTOR for which CONTRACTOR has been compensated by COUNTY pursuant to this Agreement shall be the sole property of the COUNTY. The material, reports or products may be used by the COUNTY for any purpose that the COUNTY deems to be appropriate, including, but not limit to, duplication and/or distribution within the COUNTY or to third parties. CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the COUNTY.
7. Conduct of Contractor
7.1 The CONTRACTOR covenants that it presently has no interest, including, but not limited to, other projects or contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with CONTRACTOR’s performance under this Agreement. The CONTRACTOR further covenants that no person or subcontractor having any such intere st shall be employed or retained by CONTRACTOR under this Agreement. The CONTRACTOR agrees to inform the COUNTY of all the CONTRACTOR's interests, if any, which are or may be perceived as incompatible with the COUNTY’s interests.
7.2 The CONTRACTOR shall not, under circumstances which could be interpreted as an attempt to influence the recipient in the conduct of his/her duties, accept any gratuity or special favor from individuals DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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or firms with whom the CONTRACTOR is doing business or proposing to do business, in accomplishing the work under this Agreement.
7.3 The CONTRACTOR or its employees shall not offer gifts, gratuity, favors, and entertainment directly or indirectly to COUNTY employees.
8. Inspection of Service; Quality Control/Assurance
8.1 All performance (which includes services, workmanship, materials, supplies and equipment furnished or utilized in the performance of this Agreement) shall be subject to inspection and test by the COUNTY or other regulatory agencies at all times. The CONTRACTOR shall provide adequate cooperation to any inspector or other COUNTY representative to permit him/her to determine the CONTRACTOR’s conformity with the terms of this Agreement. If any services performed or products provided by CONTRACTOR are not in conformance with the terms of this Agreement, the COUNTY shall have the right to require the CONTRACTOR to perform the services or provide the products in conformance with the terms of the Agreement at no additional cost to the COUNTY. When the services to be perfor med or the products to be provided are of such nature that the difference cannot be corrected; the COUNTY shall have the right to: (1) require the CONTRACTOR immediately to take all necessary steps to ensure future performance in conformity with the terms of the Agreement; and/or (2) reduce the Agreement price to reflect the reduced value of the services performed or products provided. The COUNTY may also terminate this Agreement for default and charge to CONTRACTOR any costs incurred by the COUNTY because of the CONTRACTOR’s failure to perform.
8.2 CONTRACTOR shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a COUNTY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR’s performance under this Agreement at any time, upon reasonable notice to the CONTRACTOR.
9. Independent Contractor/Employment Eligibility
9.1 The CONTRACTOR is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CONTRACTOR (including its employees, agents, and subcontractors) shall in no event be entitled to any benefits to which COUNTY empl oyees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer- employee relationship between the parties; and CONTRACTOR shall hold COUNTY harmless from any and all claims that may be made against COUNTY based upon any contention by a third party that an employer - DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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employee relationship exists by reason of this Agreement. It is further understood and agreed by the parties that CONTRACTOR in the performance of this Agreement is subject to the control or direction of COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.
9.2 CONTRACTOR warrants that it shall make its best effort to fully comply with all federal and state statutes and regulations regarding the employment of aliens and others and to ensure that employees performing work under this Agreement meet the citizenship or alien status requirement set forth in federal statutes and regulations. CONTRACTOR shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by federal or state statutes and regulations including, but not limited to, the I mmigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all covered employees, for the period prescribed by the law.
9.3 Ineligible Person shall be any individual or entity who: Is currently excluded, suspended, debarred or otherwise ineligible to participate in the federal health care programs; or has been convicted of a criminal offense related to the provision of health care items or services and has not been reinstated in the federal health care programs after a period of exclusion, suspension, debarment, or ineligibility.
9.4 CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement.
CONTRACTOR shall no t hire or engage any Ineligible Person to provide services directly relative to this Agreement. CONTRACTOR shall screen all current Covered Individuals within sixty (60) days of execution of this Agreement to ensure that they have not become Ineligible Per sons unless CONTRACTOR has performed such screening on same Covered Individuals under a separate agreement with COUNTY within the past six (6) months. Covered Individuals shall be required to disclose to CONTRACTOR immediately any debarment, exclusion or o ther event that makes the Covered Individual an Ineligible Person.
CONTRACTOR shall notify COUNTY within five (5) business days after it becomes aware if a Covered Individual providing services directly relative to this Agreement becomes debarred, excluded or otherwise becomes an Ineligible Person.
9.5 CONTRACTOR acknowledges that Ineligible Persons are precluded from providing federal and state funded health care services by contract with COUNTY in the event that they are currently sanctioned or excluded by a federal or state law enforcement regulatory or licensing agency. If CONTRACTOR becomes aware that a Covered Individual has become an Ineligible Person, CONTRACTOR shall remove such individual from responsibility for, or involvement w ith, COUNTY business operations related to this Agreement.
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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9.6 CONTRACTOR shall notify COUNTY within five (5) business days if a Covered Individual or entity is currently excluded, suspended or debarred, or is identified as such after being sanction scree ned.
Such individual or entity shall be promptly removed from participating in any activity associated with this Agreement.
10. Subcontract for Work or Services
No contract shall be made by the CONTRACTOR with any other party for furnishing any of the work or services under this Agreement without the prior written approval of the COUNTY; but this provision shall not require the approval of contracts of employment between the CONTRACTOR and personnel assigned under this Agreement, or for parties named in the proposal and agreed to under this Agreement. This section does not apply to common carriers required to perform transport deliveries when needed.
11. Disputes
11.1 The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. Any dispute relating to this Agreement, which is not resolved by the parties, shall be decided by the COUNTY’s Purchasing Department’s Compliance Contract Office r who shall furnish the decision in writing. The decision of the COUNTY’s Compliance Contract Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneo us to imply bad faith. The CONTRACTOR shall proceed diligently with the performance of this Agreement pending the resolution of a dispute.
11.2 Prior to the filing of any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third -party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.
12. Licensing and Permits
CONTRACTOR shall comply with all State or other licensing requirements, including but not limited to the provisions of Chapter 9 of Division 3 of the Business and Professions Code. All licensing requirements shall be met at the time proposals are submitted to the COUNTY . CONTRACTOR warrants that it has all necessary permits, approvals, certificates, waivers and exemptions necessary for performance of this Agreement as required by the laws and regulations of the United States, the State of California, the County of Riverside and all other governmental agencies with jurisdiction, and shall maintain these throughout the term of this Agreement.
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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13. Use By Other Political Entities
The CONTRACTOR agrees to extend the same pricing, terms, and conditions as stated in this Agreement to each and every political entity, special district, and related non -profit entity. It is understood that other entities shall make purchases in their own name, make direct payment, and be liable directly to the CONTRACTOR; and COUNTY shall in no wa y be responsible to CONTRACTOR for other entities’ purchases.
14. Non-Discrimination
CONTRACTOR shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of ethni c group identification, race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq), the Federal Civil Rights Act of 1964 (P.L. 88-352), the Americans with Disabilities Act of 1990 (42 U.S.C. S1210 et seq.) and all other applicable laws or regulations.
15. Records and Documents
CONTRACTOR shall make available, upon written request by any duly authorized Federal, State, or COUNTY agency, a copy of this Agreement and such books, documents and records as are necessary to certify the nature and exte nt of the CONTRACTOR’s costs related to this Agreement. All such books, documents and records shall be maintained by CONTRACTOR for at least five (5) years following termination of this Agreement and be available for audit by the COUNTY. CONTRACTOR shall p rovide to the COUNTY reports and information related to this Agreement as requested by COUNTY.
16. Confidentiality
16.1 The CONTRACTOR shall not use for personal gain or make other improper use of privileged or confidential information which is acquired in connection with this Agreement. The term “privileged or confidential information” includes but is not limited to: unpublished or sensitive technological or scientific information; medical, personnel, or security records; anticipated material requirements or pricing/purchasing actions; COUNTY information or data which is not subject to public disclosure; COUNTY operational procedures; and knowledge of selection of contractors, subcontractors or suppliers in advance of official announcement.
16.2 The CONTRACTOR shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Agreement, except for general statistical DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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information not identifying any person. The CONTRACTOR shall not use such information for any purpose other than carrying out the CONTRACTOR’s obligations under this Agreement. The CONTRACTOR shall promptly transmit to the COUNTY all third -party requests for disclosure of such information. The CONTRACTOR shall not d isclose, except as otherwise specifically permitted by this Agreement or authorized in advance in writing by the COUNTY, any such information to anyone other than the COUNTY.
For purposes of this paragraph, identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particulars assigned to the individual, such as finger or voice print or a photograph.
17. Administration/Contract Liaison
The COUNTY Purchasing Agent, or designee, shall administer this Agreement on be half of the COUNTY. The Purchasing Department is to serve as the liaison with CONTRACTOR in connection with this Agreement.
18. Notices
All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid:
COUNTY OF RIVERSIDE CONTRACTOR
Purchasing & Fleet Services SC Commercial, LLC
2980 Washington Street 1800 W. Katella Avenue, Ste. 400 Riverside, CA 92504 Orange, CA 92867
19. Force Majeure
If either party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such party shall not be held liable for such failure to comply.
20. EDD Reporting Requirements
In order to comply with child support enforcement requirements of the State of California, the COUNTY may be required to submit a Report of Independent Contractor(s) form DE 542 to the Employment Development Department. The CONTRACTOR agrees to furnish the required data and certifications to the COUNTY within ten (10) days of notification of award of Agreement when required by the EDD. This data will be transmitted to governmental agencies charged with the establishment and enforcement of child support orders. Failure of the CONTRACTOR to timely submit the data and/or certificates required may result in the contract being awarded to another contractor. In the event a contract has been issued, failu re of the DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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CONTRACTOR to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignments Orders and Notices of Assignment shall constitute a material breach of Agreem ent. If CONTRACTOR has any questions concerning this reporting requirement, please call (916) 657 -0529. CONTRACTOR should also contact its local Employment Tax Customer Service Office listed in the telephone directory in the State Government section under “Employment Development Department” or access their Internet site at www.edd.ca.gov.
21. Hold Harmless/Indemnification
21.1 CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liabilit y, action, claim or damage whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property dama ge, bodily injury, or death or any other element of any kind or nature. CONTRACTOR shall defend the Indemnitees at its sole expense including all costs and fees (including, but not limited to, attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such acts, omissions or services.
21.2 With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’s indemnification to Indemnitees as set forth herein.
21.3 CONTRACTOR’s obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
21.4 The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’s obligations to indemnify and hold harmless the Indemnitees herein from third party claims.
22. Insurance
22.1 Without limiting or diminishing the CONTRACTOR's obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds.
A. Workers’ Compensation:
If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’s performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $ 2,000,000 per occurrence combined single limit. If su ch insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment is used in the performance of the obligations under th is Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non -owned, or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.
D. General Insurance Provisions - All lines:
1) Any insurance carrier providing insurance coverage hereunder shal l be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2) The CONTRACTOR must declare its insurance self -insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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the COUNTY’s Risk Manager , CONTRACTOR’s carriers shall either; 1) reduce or eliminate such self - insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) CONTRACTOR shall cause CONTRACTOR’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the COUNTY Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. CONTRACTOR shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier shall sign the original endorsements for each policy and the Certificate of Insurance. 4) It is understood and agreed to by the parties hereto that the CONTRACTOR’s insurance shall be construed as primary insurance, and the COUNTY's insurance and/or deductibles and/or self -insured retention’s or self-insured programs shall not be construed as contributory. 5) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) y ears; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the COUNTY Risk Manager's reasonable judgment, the amount or type of insurance carried by the CONTRACTOR has become inadequate.
6) CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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7) The insurance requirements contained in this Agreement may be met with a program(s) of self - insurance acceptable to the COUNTY.
8) CONTRACTOR agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
23. General
23.1 CONTRACTOR shall not delegate or assign any interest in this Agreement, whether by operation of law or otherwise, without the prior written consent of COUNTY. Any attempt to delegate or assign any interest herein shall be deemed void and of no force or effect.
23.2 Any waiver by COUNTY of any brea ch of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of COUNTY to require exact, full, and complete compliance w ith any terms of this Agreement shall not be construed as in any manner changing the terms or preventing COUNTY from enforcement of the terms of this Agreement.
23.3 In the event the CONTRACTOR receives payment under this Agreement, which is later disallowed by COUNTY for nonconformance with the terms of the Agreement, the CONTRACTOR shall promptly refund the disallowed amount to the COUNTY on request; or at its option the COUNTY may offset the amount disallowed from any payment due to the CONTRACTOR.
23.4 CONTRACTOR shall not provide partial delivery or shipment of services or products unless specifically stated in the Agreement.
23.5 CONTRACTOR shall not provide any services or products subject to any chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by a third party. The CONTRACTOR warrants that it has good title to all materials or products used by CONTRACTOR or provided to COUNTY pursuant to this Agreement, free from all liens, claims, or encumbrances.
23.6 Nothing in this Agreement shall prohibit the COUNTY from acquiring the same type or equivalent equipment, products, materials or services from other sources, when deemed by the COUNTY to be in its best interest. The COUNTY reserves the right to purchase more or less than the quantities specified in this Agreement.
23.7 The COUNTY agrees to cooperate with the CONTRACTOR in the CONTRACTOR's performance under this Agreement, including, if stated in the Agreement, providing the CONTRACTOR with reasonable facilities and timely access to COUNTY data, information, and personnel.
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
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23.8 CONTRACTOR shall comply with all applicable Federal, State and local laws and regulations.
CONTRACTOR will comply with all applicable COUNTY policies and procedures. In the event that there is a conflict between the various laws or regulations that may apply, the CONTRACTOR shall comply with the more restrictive law or regulation.
23.9 CONTRACTOR shall comply with all air pollution control, water pollution, safety and health ordinances, statutes, or regulations, which apply to performance under this Agreement.
23.10 CONTRACTOR shall comply with all requirements of the Occupational Safety and Health Administration (OSHA) standards and codes as set forth by the U.S. Department of Labor and the State of California (Cal/OSHA).
23.11 This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to b e invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
23.12 This Agreement, including any attachments or exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. This Agreement may be changed or modified only by a written amendment signed by authorized representatives of both parties.
23.13 This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 183 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 17 of 32
Form #116-310 – Dated: 3/21/2019
a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.
COUNTY OF RIVERSIDE, a political SC COMMERCIAL, LLC, a subdivision of the State of California Delaware limited liability company
By:____________________________ By:_____________________________ Dirk Buesing Robert W. Bollar
Senior Procurement Contract Specialist Corporate Secretary and Vice President
Dated:_________________ Dated:________________
APPROVED AS TO FORM:
County Counsel
By:___________________
Danielle Maland
Deputy County Counsel
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049 4/1/2022
4/4/2022
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 184 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 18 of 32
Form #116-310 – Dated: 3/21/2019
EXHIBIT A
SCOPE OF SERVICES
1.0 Pricing/Reporting
1.1 The price for Unleaded 87 Octane (Unleaded Fuel with 10% Ethanol) shall be based on the 10:00 AM EST Colton OPIS Daily Unbranded Rack Average Price with CAR on the day of delivery, plus vendor quote adjustments (i.e. 10:00 AM EST Colton OPIS Unbranded daily average with CAR + a fixed differential + freight for that site). All products must meet the CARB specifications.
1.2 The price for the Ultra Low Sulfur Diesel (U.L.S.D.), 15 PPM Sulfur Content, shall be based on the 10:00 AM EST Colton OPIS Daily Unbranded Rack Average Price with CAR on the day of delivery, plus vendor quote adjustments (i.e. 10:00 AM EST Colton OPIS Unbranded daily average with CAR + a fixed differential + freight for that site). All products must meet the CARB specifications.
1.3 The 10:00 AM EST Colton OPIS Daily Unbranded Rack Average Price with CAR plus the site differential will total the composite price. The composite price multiplied by the estimated annual gallons equals the extended total dollar amount per location. The COUNTY will pay all applicable Sales Taxes, CA Oil Spill Surcharges, Diesel Fuel Use Tax (if applicable) and any taxes that are to be paid. Freight will be billed as priced per individual location in the attached Exhibit B of this Agreement.
1.4 The location differentials attached will be part of this Agreement. Official copies of the 10:00 AM Colton OPIS daily unbranded rack average with CAR pricing shall accompany each invoice throughout the period of the contract. One Delivery – One Invoice.
1.5 The County may add new fueling sites or reduce locations throughout the duration of this Agreement.
1.6 Reporting Requirements: CONTRACTOR shall at a minimum accumulate usage on a per - gallon and total sales basis for each department and location. Reports shall be submitted semi- annually listing department, location, sales by gallons, description (unleaded or ultra -low sulfur diesel), and total dollar expenditures. The report shall be submitted within 60 days following the close of the calendar period to the Riverside County Purchasing Department.
Prompt and accurate reporting is an essential part of this Agreement. Ad-hoc reports may be requested by the COUNTY on an as needed basis.
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 185 of 970 Contract ID # PSA-0004078
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Form #116-310 – Dated: 3/21/2019
2.0 Delivery of Fuel
2.1 With the exception of weekends and holidays, fuel shall be delivered to a specified point in the County of Riverside within 24 hours from the placement of the order.
County Observed Holidays:
HOLIDAY DAY OBSERVED
HOLIDAY DAY OBSERVED
* New Year's Day January 1
Martin Luther King Jr's Birthday Third Monday in January Lincoln’s Birthday Second Tuesday in February
Washington’s Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans' Day November 12
*Thanksgiving Day Fourth Thursday in November
* Following Thanksgiving Friday following the fourth Thursday in November *Christmas Day December 25
* Note:
Thanksgiving Day, which shall be the fourth Thursday in November unless otherwise appointed.
Friday following Thanksgiving Day.
December 24 and 31 when they fall on Monday.
December 26 and January 2, when they fall on Friday.
Friday proceeding January 1, February 12, July 4, November 11 or December 25, when such date falls on Saturday, the Monday following such date when such date falls on a Sunday.
2.2 Fuel delivery shall be made complete as ordered, no partial orders accepted unless mutually agreed upon.
2.3 CONTRACTOR shall provide a 24-hour customer support telephone number and services for responding to all requests/orders for fuel, including telephone coverage on weekdays during normal business hours as well as 24-hour access phone number for after hours, weekends, holidays and emergency situations.
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 186 of 970 Contract ID # PSA-0004078
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Form #116-310 – Dated: 3/21/2019
2.4 CONTRACTOR shall provide a delivery metered ticket for each delivery of fuel , and the metered ticket must be signed and dated, and provided to COUNTY at delivery.
2.5 Delivery truck driver shall stick each tank with a fuel tank gauge stick prior to offloading to insure that adequate fuel storage is available to accept the entire shipment without spillage.
Readings shall be taken by the driver prior to unloading fuel and after unloading fuel and shall be recorded on the delivery receipts. Each delivery truck must be equipped with a stick. Driver shall sign the delivery ticket at the time and place of delivery.
2.6 The COUNTY requires "zero leakage" standard for fuel transfer operations. The CONTRACTOR shall provide necessary equipment and proper training of delivery personnel to prevent spillage or minimize the chance of spillage during connection and disconnection of hoses and during the transfer of fuel. The CONTRACTOR will likewise ensure that all equipment, tools and procedures used are in compliance with all applicable specification and regulations governing such operations.
2.7 In the event of leakage or spillage, it shall be the responsibility of the CONTRACTOR to perform immediate containment, clean up, disposal and restoration activities as necessary in accordance with applicable State of California laws and regulations and subject to the COUNTY’s satisfaction. All material associated with such clean up shall be removed by the CONTRACTOR.
2.8 CONTRACTOR shall provide all necessary delivery devices to make delivery to each site as required.
2.9 CONTRACTOR shall ensure that the transport units can accommoda te the delivery logistics at every location prior to dispatching those units. Some locations have above -ground or underground storage tanks.
2.10 The COUNTY reserves the right to specify in said orders whether the deliveries are required in tank wagon or truck/trailer loads. Orders must be accepted for truck/trailer split product loads (unleaded/diesel). Split ordered delivery gallons will be considered total gallons ordered.
2.11 Deliveries shall be made by owned or contract motor carriers. Carriage vehicles shall be fully equipped, in good mechanical condition and appearance, always bearing the correct place card identification of fuel being delivered. Hoses and all coupler fittings shall be tight when in use.
Product that leaks from hoses or coupler connections shall be cleaned up and removed by CONTRACTOR, including product in spill containers.
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci... Page 187 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 21 of 32
Form #116-310 – Dated: 3/21/2019
EXHIBIT B
PAYMENT PROVISION
Line
Item # Name Description
Annual
Usage
Unit of
Measure
Unit
Price
Colton OPIS on
11/23/2021 Differential
Group
Riverside County - Facilities -
CAC
P1.3
Facilities - 3255 E. Tahquitz
Canyon
Differential - for
Diesel Tank size (1)
at 500 gallons 150.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P1.4
Facilities - 3255 E. Tahquitz
Canyon
Freight - for Diesel
Tank size (1) at 500
gallons 1.00 USD - US Dollar $300.0000
Group Riverside County - Fire
P2.1
Fire BCTC - 16902 Bundy Ave
Riverside, CA 92519
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 9388.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 P2.2
Fire BCTC - 16902 Bundy Ave
Riverside, CA 92519
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $147.0000
P2.3
Fire BCTC - 16902 Bundy Ave
Riverside, CA 92519
Differential - for
Diesel Tank size (1)
at 1,000 gallons 28400.00 GAL - Gallon $3.3565 $ 3.2420 0.1145 P2.4
Fire BCTC - 16902 Bundy Ave
Riverside, CA 92519
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $147.0000
P2.7
Fire St 09 - 21565 Steele Peak
Rd Perris, CA 92570
Differential - for
Diesel Tank size (1)
at 1,000 gallons 4065.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.8
Fire St 09 - 21565 Steele Peak
Rd Perris, CA 92570
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 188 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 22 of 32
Form #116-310 – Dated: 3/21/2019
P2.25
Fire St 23 - 24919 Marion Ridge
Rd Idyllwild, CA 92549
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 3198.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 P2.26
Fire St 23 - 24919 Marion Ridge
Rd Idyllwild, CA 92549
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $300.0000
P2.27
Fire St 23 - 24919 Marion Ridge
Rd Idyllwild, CA 92549
Differential - for
Diesel Tank size (1)
at 1,000 gallons 2842.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.28
Fire St 23 - 24919 Marion Ridge
Rd Idyllwild, CA 92549
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $300.0000
P2.29
Fire St 24 - 50382 Irene St
Cabazon, CA 92230
Differential - for
Diesel Tank size (1)
at 1,000 gallons 3348.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.30
Fire St 24 - 50382 Irene St
Cabazon, CA 92230
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.33
Fire St 30 - 70080 Hwy 74
Mountain Center, CA 92561
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 53.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 P2.34
Fire St 30 - 70080 Hwy 74
Mountain Center, CA 92561
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $395.0000
P2.35
Fire St 30 - 70080 Hwy 74
Mountain Center, CA 92561
Differential - for
Diesel Tank size (1)
at 1,000 gallons 2802.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.36
Fire St 30 - 70080 Hwy 74
Mountain Center, CA 92561
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $395.0000
P2.37
Fire St 33 - 44400 Town Center
Way Palm Desert, CA 92260
Differential - for
Diesel Tank size (1)
at 1,000 gallons 14107.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 189 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 23 of 32
Form #116-310 – Dated: 3/21/2019
P2.38
Fire St 33 - 44400 Town Center
Way Palm Desert, CA 92260
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $375.0000
P2.39
Fire St 34 - 32665 Haddock
Street Winchester, CA 92596
Differential - for
Diesel Tank size (1)
at 1,000 gallons 7447.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.40
Fire St 34 - 32665 Haddock
Street Winchester, CA 92596
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.41
Fire St 36 - 31920 Roberts Rd
Thousand Palms, CA 92276
Differential - for
Diesel Tank size (1)
at 1,000 gallons 4844.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.42
Fire St 36 - 31920 Roberts Rd
Thousand Palms, CA 92276
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.45
Fire St 40 - 91100 Fourth Street
Mecca, CA 92254
Differential - for
Unleaded Tank size
(1) at 500 gallons 722.00 GAL - Gallon $3.4565 $ 3.2665 0.1900 P2.46
Fire St 40 - 91100 Fourth Street
Mecca, CA 92254
Freight - for
Unleaded Tank size
(1) at 500 gallons 1.00 USD - US Dollar $395.0000
P2.47
Fire St 40 - 91100 Fourth Street
Mecca, CA 92254
Differential - for
Diesel Tank size (1)
at 1,500 gallons 9767.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.48
Fire St 40 - 91100 Fourth Street
Mecca, CA 92254
Freight - for Diesel
Tank size (1) at
1,500 gallons 1.00 USD - US Dollar $395.0000
P2.49
Fire St 44 - 13987 Main Street
Ripley, CA 92225
Differential - for
Diesel Tank size (1)
at 500 gallons 4946.00 GAL - Gallon $3.4920 $ 3.2420 0.2500 P2.50
Fire St 44 - 13987 Main Street
Ripley, CA 92225
Freight - for Diesel
Tank size (1) at 500
gallons 1.00 USD - US Dollar $495.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 190 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 24 of 32
Form #116-310 – Dated: 3/21/2019
P2.55
Fire ST 50 - 70801 Hwy 111
Rancho Mirage, CA 92270
Differential - for
Diesel Tank size (1)
at 1,000 gallons 5510.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.56
Fire ST 50 - 70801 Hwy 111
Rancho Mirage, CA 92270
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $375.0000
P2.57
Fire St 53 - 59200 Morris Ranch
Road Mountain Center, CA
92561
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 1751.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 P2.58
Fire St 53 - 59200 Morris Ranch
Road Mountain Center, CA
92561
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $310.0000
P2.59
Fire St 53 - 59200 Morris Ranch
Road Mountain Center, CA
92561
Differential - for
Diesel Tank size (1)
at 1,000 gallons 1611.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.60
Fire St 53 - 59200 Morris Ranch
Road Mountain Center, CA
92561
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $310.0000
P2.63
Fire St 59 - 21510 Pinewood
Street Perris, CA 92570
Differential - for
Diesel Tank size (1)
at 1,000 gallons 5363.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.64
Fire St 59 - 21510 Pinewood
Street Perris, CA 92570
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $147.0000
P2.65
Fire St 59 - 21510 Pinewood
Street Perris, CA 92570
Differential - for
Diesel Tank size (1)
at 1,000 gallons 66690.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.66
Fire St 59 - 21510 Pinewood
Street Perris, CA 92570
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $147.0000
P2.73
Fire St 68 - 26020 Wolard Road
Menifee, CA 92581
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 700.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 191 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 25 of 32
Form #116-310 – Dated: 3/21/2019
P2.74
Fire St 68 - 26020 Wolard Road
Menifee, CA 92581
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $181.0000
P2.75
Fire St 68 - 26020 Wolard Road
Menifee, CA 92581
Differential - for
Diesel Tank size (1)
at 1,000 gallons 5307.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.76
Fire St 68 - 26020 Wolard Road
Menifee, CA 92581
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.81
Fire St 76 - 29950 Menifee
Road Menifee, CA 92584
Differential - for
Diesel Tank size (1)
at 1,000 gallons 10788.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.82
Fire St 76 - 29950 Menifee
Road Menifee, CA 92584
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.83
Fire St 78 - 2450 W.
Cottonwood Ave San Jacinto,
CA 92583
Differential - for
Diesel Tank size (1)
at 1,000 gallons 4514.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.84
Fire St 78 - 2450 W.
Cottonwood Ave San Jacinto,
CA 92583
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.87
Fire St 80 - 81-025 Avenue 40
Indio, CA 92203
Differential - for
Diesel Tank size (1)
at 1,000 gallons 1625.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.88
Fire St 80 - 81-025 Avenue 40
Indio, CA 92203
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $310.0000
P2.89
Fire St 81 - 37-955 Washington
Palm Desert, CA 92260
Differential - for
Diesel Tank size (1)
at 1,000 gallons 8370.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.90
Fire St 81 - 37-955 Washington
Palm Desert, CA 92260
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $310.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 192 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 26 of 32
Form #116-310 – Dated: 3/21/2019
P2.95
Fire St 84 - 30650 Pauba Road
Temecula, CA 92592
Differential - for
Unleaded Tank size
(1) at 500 gallons 6228.00 GAL - Gallon $3.4565 $ 3.2665 0.1900 P2.96
Fire St 84 - 30650 Pauba Road
Temecula, CA 92592
Freight - for
Unleaded Tank size
(1) at 500 gallons 1.00 USD - US Dollar $300.0000
P2.97
Fire St 84 - 30650 Pauba Road
Temecula, CA 92592
Differential - for
Diesel Tank size (1)
at 1,000 gallons 7310.00 GAL - Gallon $3.4920 $ 3.2420 0.2500 P2.98
Fire St 84 - 30650 Pauba Road
Temecula, CA 92592
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $300.0000
P2.101
Fire St 87 - 42900 Golf Center
Parkway Indio CA, 92201
Differential - for
Diesel Tank size (1)
at 1,000 gallons 2346.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.102
Fire St 87 - 42900 Golf Center
Parkway Indio CA, 92201
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $310.0000
P2.103
Fire St 90 - 333 Placentia Ave
Perris, CA 92571
Differential - for
Diesel Tank size (1)
at 1,000 gallons 7424.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.104
Fire St 90 - 333 Placentia Ave
Perris, CA 92571
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.109
Fire St 92 - 32211 Wolf Creek
Rd Temecula, CA 92592
Differential - for
Diesel Tank size (1)
at 2,000 gallons 4009.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P2.110
Fire St 92 - 32211 Wolf Creek
Rd Temecula, CA 92592
Freight - for Diesel
Tank size (1) at
2,000 gallons 1.00 USD - US Dollar $300.0000
P2.113
Fire St 96 - 37700 Glen Oaks
Road Temecula CA, 92592
Differential - for
Diesel Tank size (1)
at 500 gallons 2430.00 GAL - Gallon $3.4920 $ 3.2420 0.2500 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 193 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 27 of 32
Form #116-310 – Dated: 3/21/2019
P2.114
Fire St 96 - 37700 Glen Oaks
Road Temecula CA, 92592
Freight - for Diesel
Tank size (1) at 500
gallons 1.00 USD - US Dollar $300.0000
P2.123
FR St 51 - 32353 Ortega Hwy
74 Lake Elsinore, CA 92530
Differential - for
Diesel Tank size (1)
at 1,000 gallons 215.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.124
FR St 51 - 32353 Ortega Hwy
74 Lake Elsinore, CA 92530
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $300.0000
Group
Riverside County - Law
Enforcement
P5.1
Presley Detention Center -
4000 Orange Street Riverside,
CA 92501
Differential - for
Diesel Tank size (1)
at 20,000 gallons 1000.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P5.2
Presley Detention Center -
4000 Orange Street Riverside,
CA 92501
Freight - for Diesel
Tank size (1) at
20,000 gallons 1.00 USD - US Dollar $147.0000
P5.3
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 2,000 gallons 1126.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.4
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at
2,000 gallons 1.00 USD - US Dollar $181.0000
P5.5
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 3,000 gallons 1126.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.6
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at
3,000 gallons 1.00 USD - US Dollar $181.0000
P5.7
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 880 gallons 1126.00 GAL - Gallon $3.4920 $ 3.2420 0.2500 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 194 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 28 of 32
Form #116-310 – Dated: 3/21/2019
P5.8
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at 880
gallons 1.00 USD - US Dollar $181.0000
P5.9
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 630 gallons 1126.00 GAL - Gallon $3.5420 $ 3.2420 0.3000 P5.10
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at 630
gallons 1.00 USD - US Dollar $181.0000
P5.11
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 60 gallons 1126.00 GAL - Gallon $3.5420 $ 3.2420 0.3000 P5.12
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at 60
gallons 1.00 USD - US Dollar $181.0000
P5.13
RC Court - 4050 Main Street
Riverside, CA 92501
Differential - for
Diesel Tank size (1)
at 5000 gallons 700.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.14
RC Court - 4050 Main Street
Riverside, CA 92501
Freight - for Diesel
Tank size (1) at
5000 gallons 1.00 USD - US Dollar $147.0000
P5.15
Sheriff - 21565 Steele Peak
Road Perris, CA 92570
Differential - for
Diesel Tank size (1)
at 1,000 gallons 200.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P5.16
Sheriff - 21565 Steele Peak
Road Perris, CA 92570
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P5.17
SWJC Jail - 30755 Auld Road
Murrieta, CA 92563
Differential - for
Diesel Tank size (1)
at 10,000 gallons 1000.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.18
SWJC Jail - 30755 Auld Road
Murrieta, CA 92563
Freight - for Diesel
Tank size (1) at
10,000 gallons 1.00 USD - US Dollar $300.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 195 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 29 of 32
Form #116-310 – Dated: 3/21/2019
P5.19
SWJC Jail - 30755 Auld Road
Murrieta, CA 92563
Differential - for
Diesel Tank size (1)
at 3,000 gallons 1000.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.20
SWJC Jail - 30755 Auld Road
Murrieta, CA 92563
Freight - for Diesel
Tank size (1) at
3,000 gallons 1.00 USD - US Dollar $300.0000
P5.21
Probation - 49-500 Twin Pines
Road Banning, CA 92220
Differential - for
Unleaded Tank size
(1) at 2,000 gallons
each 6386.00 GAL - Gallon $3.3315 $ 3.2665 0.0650 P5.22
Probation - 49-500 Twin Pines
Road Banning, CA 92220
Freight - for
Unleaded Tank size
(1) at 2,000 gallons
each 1.00 USD - US Dollar $181.0000
P5.23
Probation - 49-500 Twin Pines
Road Banning, CA 92220
Differential - for
Unleaded Tank size
(2) at 500 gallons
each 795.00 GAL - Gallon $3.4565 $ 3.2665 0.1900 P5.24
Probation - 49-500 Twin Pines
Road Banning, CA 92220
Freight - for
Unleaded Tank size
(2) at 500 gallons
each 1.00 USD - US Dollar $500.0000
P5.25
Indio Jail - 46209 Oasis Street
Indio, CA 92201
Differential - for
Diesel Tank size (1)
at 10,000 gallons 200.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.26
Indio Jail - 46209 Oasis Street
Indio, CA 92201
Freight - for Diesel
Tank size (1) at
10,000 gallons 1.00 USD - US Dollar $310.0000
P5.27
Indio Jail - 46209 Oasis Street
Indio, CA 92201
Differential - for
Diesel Tank size (1)
at 5,000 gallons 200.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.28
Indio Jail - 46209 Oasis Street
Indio, CA 92201
Freight - for Diesel
Tank size (1) at
5,000 gallons 1.00 USD - US Dollar $310.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 196 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 30 of 32
Form #116-310 – Dated: 3/21/2019
Group Riverside County - Health
P6.3
Mental Health - 47919 Oasis
Street Indio, CA 92201
Differential - for
Diesel Tank size (1)
at 2,500 gallons 125.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P6.4
Mental Health - 47919 Oasis
Street Indio, CA 92201
Freight - for Diesel
Tank size (1) at
2,500 gallons 1.00 USD - US Dollar $310.0000
Group Riverside County - TLMA
P7.9
TLMA - 220 G Street Perris, CA
92570
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 39762.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.10
TLMA - 220 G Street Perris, CA
92570
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $181.0000
P7.13
TLMA - 57-210 State Hwy 371
Anza, CA 92539
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 4413.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.14
TLMA - 57-210 State Hwy 371
Anza, CA 92539
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $310.0000
P7.15
TLMA - 595 North Juanita
Hemet, CA 92543
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 18056.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.16
TLMA - 595 North Juanita
Hemet, CA 92543
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $300.0000
P7.17
TLMA - 10-901 Hannon Rd
Beaumont, CA 92223
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 17240.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 197 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 31 of 32
Form #116-310 – Dated: 3/21/2019
P7.18
TLMA - 10-901 Hannon Rd
Beaumont, CA 92223
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $181.0000
P7.19
TLMA - 25-780 Johnson
Idyllwild, CA 92549
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 12173.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.20
TLMA - 25-780 Johnson
Idyllwild, CA 92549
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $300.0000
P7.21
TLMA - 19-003 Bennett Road
(Sky Valley Desert Hot Springs,
CA 92241
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 18072.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.22
TLMA - 19-003 Bennett Road
(Sky Valley Desert Hot Springs,
CA 92241
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $300.0000
P7.23
TLMA - 86-199 Airport
Thermal, CA 92274
Differential - for
Unleaded Tank size
(1) at 4,000 gallons 27068.00 GAL - Gallon $3.3670 $ 3.2665 0.1005 P7.24
TLMA - 86-199 Airport
Thermal, CA 92274
Freight - for
Unleaded Tank size
(1) at 4,000 gallons 1.00 USD - US Dollar $310.0000
P7.25
TLMA - 86-199 Airport
Thermal, CA 92274
Differential - for
Diesel Tank size (1)
at 8,000 gallons
each 58909.00 GAL - Gallon $3.3420 $ 3.2420 0.1000 P7.26
TLMA - 86-199 Airport
Thermal, CA 92274
Freight - for Diesel
Tank size (1) at
8,000 gallons each 1.00 USD - US Dollar $310.0000
P7.27
TLMA - 561 S. Broadway
Blythe, CA 92225
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 26620.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 198 of 970 Contract ID # PSA-0004078
RFP# or BOS Agenda/Date or SSJ# Page 32 of 32
Form #116-310 – Dated: 3/21/2019
P7.28
TLMA - 561 S. Broadway
Blythe, CA 92225
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $510.0000
Group Riverside County - Waste Mgt
P8.9
Waste Mgt - 84-5050 84th Ave
Oasis, CA 92274
Differential - for
Diesel Tank size (1)
at 1,000 gallons
each 850.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P8.10
Waste Mgt - 84-5050 84th Ave
Oasis, CA 92274
Freight - for Diesel
Tank size (1) at
1,000 gallons each 1.00 USD - US Dollar $147.0000
P8.11
Waste Mgt - 1000 Midland
Road Blythe, CA 92225
Differential - for
Diesel Tank size (1)
at 3,000 gallons
each 100000.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P8.12
Waste Mgt - 1000 Midland
Road Blythe, CA 92225
Freight - for Diesel
Tank size (1) at
3,000 gallons each 1.00 USD - US Dollar $510.0000
Group Emergency Charges
P10.1 Emergency Services Charge
Emergency Services
Charge 1.00 HR - Hour $150.0000
Group Bobtail/Pump Delivery Charge
P11.1 Bobtail/Pump Delivery Charge
Bobtail/Pump
Delivery Charge 1.00 EA - Each
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049
AGENDA ITEM #8.9
Fuel purchase in the amount of $483,000 from Soco Group, Inc. for the Ci...Page 199 of 970 City of Indio
City Council
August 17, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: HVAC Preventative Maintenance Agreement with RIVCO Mechanical Services Inc. in the amount of $140,368 for preventative maintenance on commercial HVAC Systems for various City Properties
RECOMMENDATION:
Approve a HVAC Preventative Maintenance Agreement with RIVCO Mechanical Services Inc. in the amount of $140,368 f or preventative maintenance on commercial HVAC Systems for various City Properties in the form approved and negotiated by the City Manager and City Attorney.
SUMMARY:
City staff solicited quotes for HVAC preventative maintenance. Three (3) quotes were received, however, two (2) of the vendors, Blair Heating and Cooling, and Refrigeration Control did not have the man power to do the work and did not submit completed bids ; and no additional quotes from qualified vendors were received. Staff is recommending the approval of the Preventative Maintenance Agreement to RIVCO Mechanical Services Inc. (RIVCO) in the amount of $140,368. RIVCO is a full - service commercial heating, ventilation, air conditioning (HVAC) and refrigeration contractor. RIVCO services local hospitals and commercial buildings throughout the Coachella Valley.
BACKGROUND INFORMATION:
The Public Works Department Parks and Facilities Maintenance Division currently does not have the staff nor the skills to perform in-house preventative maintenance on commercial HVAC systems. The contract with RIVCO provides HVAC preventative maintenance for Fire Station 1, Fire Station 3, Fire Station 4, Fire Station 5, Museum Buildings, IPAC, Indio Police Department, Library, City Hall, Council Chambers, EOC, Senior Center, Teen Center, Corp Yard, and for IWA locations and all Well sites.
The proposed contract is for one (1) year. This will help prolong the life of the equipm ent and will minimize emergency calls and repairs.
The City received three quotes as shown below:
Contractor Location Bid Amount
RIVCO Indio, CA $140,368.00
BLAIR HEATING & COOLING Palm Springs, CA Incomplete
REFRIGERATION CONTROL Thousand Palms, CA Incomplete
AGENDA ITEM #8.10
HVAC Preventative Maintenance Agreement with RIVCO Mechanical Services I... Page 200 of 970
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$140,368 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: Buildings & Grounds-Misc. R&M
Services Fund-Org-Object
Reference:
604-523015
Additional Financial Details:
The Service Agreement costs will be charged to the Buildings and Grounds 604 Miscellaneous R&M Services account.
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 04 Aug 2022 Roxanne Diaz, City Attorney Approved - 04 Aug 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 05 Aug 2022 Bryan H. Montgomery, City Manager Approved - 08 Aug 2022
AGENDA ITEM #8.10
HVAC Preventative Maintenance Agreement with RIVCO Mechanical Services I... Page 201 of 970 City of Indio
City Council
August 17, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Review and approval of the Building Beautification Program, which includes the funding of grants for business owners and/or commercial property owners and Beautification Building Downtown (a) guidelines, for program the Program in the amount of $500,000 and (b) the Highway 111 Corridor Building Beautification Program in the amount of $700,000
RECOMMENDATION:
Approve the Building Beautification Program Guidelines for the Downtown Indio and Highway 111 Corridor programs for business owners and/or commercial property owners, approve and authorize the funding of grants and authorize the City Manager to, finalize and execute all necessary documents, guidelines (including their revision as necessary), and agreements to implement the program.
SUMMARY:
As the City of Indio continues its renaissance and revitalization efforts in Downtown Indio and Highway 111 Corridor, the City is engaging one of its most valuable assets — storefront businesses. This program is in support of the city's Downtown and Highway 111 Specific Plan areas and supports local businesses. As its public purpose, the Program incentivizes business owners and/or commercial property owners (Applicants) to enhance the appearance of properties through improvements to commercial buildings. Applicants under this program are eligible to receive up to $50,000 in forgivable financial assistance to enhance the appearance of their buildings and businesses. Applicants must own the building for 5 years continuously or Businesses must remain in busines s for 5 years continuously and maintain all improvements for the duration of the grant term. Grant will be forgiven on an annual basis at a rate of 20% per year.
BACKGROUND INFORMATION:
The Building Beautification Program (Program) and is a new program that will provide funding assistance of up to fifty thousand dollars ($50,000) to local business owners and/or commercial property owners in Downtown (Attachment 1) and Highway 111 Corridor (Attachment 2). The purpose of this program is to encourage to th e enhancement of the appearance of properties through improvements to commercial buildings.
City Council approved the Downtown Specific Plan on April 20, 2020, and the Highway 111 Corridor Specific Plan is currently being drafted and will be presented to the council for adoption in September.
The Building Beautification Program is funded in the Fiscal Year 22/23 budget through the General Fund. Each area is funded individually as follows:
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 202 of 970
A) Downtown Building Beautification Program Budget $500,000 B) Highway 111 Corridor Building Beautification Program Budget $700,000
The Program aligns with Strategic Plan Action Item 5.G. "Adopt and implement a façade improvement program for businesses in Downtown and along Highway 111 Corridor Specific Plan Areas."
Within the next 60 days Staff will create a Building Beautification policy and all necessary agreements.
Grant Overview
Under this program, business owners and/or commercial property owners within the Downtown can apply for funding assistance grant which shall not exceed $40,000 for building façade improvements and $10,000 for interior improvements. The Program will be administered by the City of Indio staff.
Staff will determine the eligibility of applicants and projects to participate in the Program b ased on qualifying and eligibility measures as outlined in the Program guidelines. The guidelines are in effect until the Program funds have been fully expended.
Grant proceeds will be used for labor and materials directly related to building improvements approved by the outline as "Eligible Improvements". Tools may not be purchased with grant funds, but tool rental is allowable. Program funds are to be used for building improvements that are visible to the public or enhance the building’s use rather than simple routine maintenance.
Eligible Improvements
The Program is designed to support the City’s revitalization efforts in Indio by helping businesses enhance or revitalize storefronts.
Eligible uses of funds are for:
• Interior painting or wall coverings
• Windows and window treatments
• Door
• Floor covering
• Lighting systems
• Ceiling tiles
• Display cases
• Partition walls
• Exterior signs, vinyl letter signage (windows)
• Benches and trash receptacles
• Landscaping
• Outdoor seating
Ineligible Improvements include, but are not limited to:
• Building structural repairs;
• Portable signs; signs not mounted or attached to storefronts; • Improvements that are not in the public view
• Improvements not approved by the City in writing.
Determination of Eligibility and Approval of Work Scope Process Program eligibility will be determined based on the City review of a completed program application submitted by the property owner(s) or tenant. Applications will be available on the City’s website.
1. Application
2. Verification and Eligibility Determination
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 203 of 970
3. Approval and Notifications
4. Contract Agreement
5. Secure Planning and Building Permits
6. Complete Work
7. Selection of Contractor
All improvements completed through Program are “public work,” as that term is used in Section 1720 of the California Labor Code. In accordance with Labor Code section 1720 et seq., prevailing wages shall be paid for all improvements.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$1,200,000 In current year budget: Yes
Current FY General
Fund Impact:
$1,200,000 Budget adjustment: No
Next FY Financial
Impact:
Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: General Fund Fund-Org-Object
Reference:
Additional Financial Details:
The Building Beautification Program is funded through the General Fund. Each Specific Plan area has been budgeted independently
Downtown- $500,000
Highway 111- $700,000
ATTACHMENTS:
Attachment 1- Downtown Building Beautification Program
Attachment 2- HWY 111 Building Beautification Program
APPROVAL(S):
Carl S. Morgan, Dir. Of Economic Development Approved - 09 Aug 2022 Roxanne Diaz, City Attorney Approved - 10 Aug 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 10 Aug 2022 Bryan H. Montgomery, City Manager Approved - 10 Aug 2022
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 204 of 970 Downtown Building Beautification Program
Guidelines
Economic Development Department
100 Civic Center Mall
Indio, CA 92201
Questions?
Contact City staff at (760) 391-4068 or [email protected]
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 205 of 970
PROGRAM OVERVIEW
As the City of Indio continues its renaissance and revitalization efforts in the Downtown Specific Plan Area, the City is engaging one of its most valuable assets — Downtown storefront businesses. As a way to enhance our Downtown and provide support to our local businesses, the City has created the Downtown Building Beautification Program (the “Program”). The program is, as its public purpose, intended to encourage business owners and/or commercial property owners to enhance the appearance of properties through improvements to commercial buildings. Improvements can have a significant impact on the appearance, community pride, economic setting, and marketability of the properties and businesses located in the City of Indio’s Downtown Specific Plan (Attachment A.)
Building owners must own the building for 5 years continuously or Businesses must remain in business for 5 years continuously. Grant will be forgiven on an annual basis at a rate of 20% per year.
GRANT AMOUNT
The Program will provide funding assistance of up to fifty thousand dollars ($50,000).
Funding assistance shall not exceed $40,000 for building façade improvements and $10,000 for interior improvements. The Program is administered by the City of Indio .
Staff will make the determination as to the eligibility of applicants and projects to participate in the Program based on qualifying and eligibility measures as outlined in these guidelines. These guidelines and financial terms are in effect until the Program funds are expended.
Grant proceeds are to be used for labor and materials directly related to building improvements approved by the outline as “Eligible Improvements”. Tools may not be purchased with grant funds, but tool rental is allowable. Program funds are to be used for building improvements that are visible to the public or enhance the building’s use, rather than simple routine maintenance. All improvements completed through Program are “public work,” as that term is used in Section 1720 of the California Labor Code. In accordance with Labor Code section 1720 et seq., prevailing wages shall be paid for all improvements. Use of volunteer labor is not allowed. All estimates and payments for construction and installation of improvements shall include prevailing wages and shall otherwise comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and all other appli cable laws and regulations with respect to prevailing wages. Participants in the program are responsible for ensuring that the improvements are in compliance with the Prevailing Wage Law.
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 206 of 970
ELIGIBLE IMPROVEMENTS
The Program is designed to support the City’s revitalization efforts in Downtown Indio by helping businesses enhance or revitalize storefronts.
Eligible uses of funds are for:
• Interior painting or wall
coverings
• Windows and window treatments
• Door
• Floor covering
• Lighting systems
• Ceiling tiles
• Display cases
• Partition walls
• Exterior signs, vinyl letter
signage (windows)
• Benches and trash receptacles
• Landscaping
• Outdoor seating
Ineligible Improvements include, but are not limited to:
• Building structural repairs;
• Portable signs; signs not
mounted or attached to
storefronts;
• Improvements that are not in
the public view
• Improvements not approved
by the City in writing.
NOTE: Final decision on grant amount and eligible projects will be determined by the City of Indio on a case -by-case basis. Program availability will be based upon available funding on an annual basis.
APPLICANT ELIGIBILITY REQUIREMENTS
Applicant(s) who desire to participate in the Program must meet the following criteria:
• The applicant (s) must be either the current property owner (s) or the business owner(s) (tenant). Tenant must receive owner(s) written approval to be eligible for participation in the Program. In case of multiple ownership, the signature of each titleholder is required on all appropriate documents.
The City will verify property ownership and require all persons currently on the title to give written consent to all work proposed to be performed on the property before initiating such work;
• Only businesses within Downtown Indio Area (see Attachment A “Map”) are eligible to participate;
• The business must have an active business license with the City of Indio; • All building improvements supported by the Program funds must be for improvements to the building that are visible to the public or enhance the use of the building;
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 207 of 970 • The property owner agrees to be responsible for ongoing maintenance for five (5) years following the completion of the program -funded improvements, including any landscaping;
• The business must be open to the public, free of building code violations and/or tax liens for five years moving forward upon participation approval; and
• Exterior improvements must follow City-approved design standards for any exterior modifications.
IMPLEMENTATION WORK
All improvements shall conform to the City of Indio’s Building Codes, Zoning Ordinance, and applicable Design Guidelines. Project improvements commenced before the City’s issuance of a Notice to Proceed are not eligible for this Program. City staff will be available to work with approved applicants to assist in coordinating the project. City staff will carry out periodic inspections.
DETERMINATION OF ELIGIBILIT Y AND APPROVAL OF WORK
SCOPE PROCESS
Program eligibility will be determined based on the City review of a completed program application submitted by the property owner(s) or tenant. Applications will be available on the City’s website.
1. Application- If your business is in the eligible area, please complete all of the application’s components and submit it to Economic Development Department, 100 Civic Center Mall, Indio, CA 92201, or via email at [email protected].
2. Verification and Eligibility Determination-
a. Applicant Eligibility
• Property Owners and tenants of commercial buildings
• All tenants must provide the City written consent from the property owner where the proposed improvements occur.
• Tenants must provide written evidence that they have a minimum of two (2) years lease term remaining after the projected completion of improvements
• Applicants must have a current Business License to conduct business at the address where improvements are to occur and must not be delinquent or past due on any City of Indio fees for the grant term.
Once an applicant has been determined to meet eligibility requirements, an initial inspection of the property will be made by the Building Department to determine if any code violations exist. These code violations must be remedied BEFORE an applicant is eligible to participate in the program.
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 208 of 970 b. Property Eligibility
• The property must have an address within Downtown Indio Specific Plan (see Attachment A).
• Businesses such as casual dining restaurants and retail will be given preference in the application process to achieve the goals of the program.
c. Exclusions
• Applicants who have completed eligible improvements before the program commencement date do not qualify for assistance • Applicants who have received assistance from the City of Indio for the business at the business address are not eligible for assistance. • Structural improvements not related to exterior improvements, including seismic upgrades.
All property improvements made under this program must be consistent with the City’s Downtown Indio Specific Plan and Indio General Plan 2040. As with any other project, the property improvements under this program must also adhere to all applicable building codes, sign ordinances, and development/design standards for the City of Indio. Any code violations must be corrected before funding is released.
Should any code violations occur related to any improvements made using funding from this Program and remain uncured for a period of time as outlined in a code enforcement citation, the participant may be required to reimburse the City for any unamortized funding over 5 years from the date funding is released.
3. Approval and Notifications - City will send a written approval or denial notification.
4. Contract Agreement- City staff will select and execute all necessary contractor agreements for any improvements. If the business owner(s) and/or tenant have questions about the work, questions should be directed to City staff.
5. Secure Planning and Building Permits - All necessary planning, building, encroachment permits, and other permits must be secured by the City’s Planning and Building Department before construction is initiated.
6. Complete Work- City contractor will carry out the agreed upon final Scope of Work. Any necessary permits and final inspections must be completed before payment is requested. Payment will be made in the form of a check to the contractor upon submittal of lien releases and satisfactory completion of improvements.
7. Selection of Contractor - Business owner or tenant will select contractor to perform improvements. All contractors mu st obtain necessary Federal, State, and Local Licenses to perform work and are subject to prevailing wage laws.
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 209 of 970 Attachment A
(Downtown Indio Boundary Map)
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 210 of 970 Attachment B
Examples of Projects from other Cities
City: Salt Lake City
Population: 200,000
Grant Amount: $30,000
City: Auburn, Washington
Population: 80,900
Grant Amount: $30,000
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 211 of 970 City: Mesquite, TX
Population: 140,000
Grant Amount: $20,000
City: City of Columbia
Population: 134,000
Grant Amount: $15,000 (Exterior) and $10,000 Interior.
**Must apply for exterior in order to apply for interior grant.
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 212 of 970 Highway 111 Building Beautification
Program Guidelines
Economic Development Department
100 Civic Center Mall
Indio, CA 92201
Questions?
Contact City staff at (760) 391-4068 or [email protected]
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 213 of 970
PROGRAM OVERVIEW
As the City of Indio continues its renaissance and revitalization efforts in the Highway 111 Corridor Specific Plan, the C ity is engaging one of its most valuable assets — Highway 111 storefront businesses. As a way to enhance our Highway 111 and provide support to our local businesses , t he City has created the Highway 111 Building Beautification Program (the “Program”). The program is, as its public purpose, intended to encourage busi ness owners and/or commercial property owners to enhance the appearance of properties through improvements to commercial buildings.
Improvements can have a significant impact on the appearance, community pride, economic setting, and marketability of the properties and businesses located in the City of Indio’s Highway 111 Corridor Specific Plan (Attachment A.) Building owners must own the building for 5 years continuously or Businesses must remain in business for 5 years continuously. Grant will be forgiven on an annual basis at a rate of 20% per year.
GRANT AMOUNT
The Program will provide funding assistance of up to fifty thousand dollars ($50,000).
Funding assistance shall not exceed $40,000 for building façade improvements and $10,000 for interior improvements. The Program is administered by the City of Indio .
Staff will make the determination as to the eligibility of applicants and projects to participate in the Program based on qualifying and eligibility measures as outlined in these guidelines. These guidelines and financial terms are in effect until the Program funds are expended.
Grant proceeds are to be used for labor and materials directly related to building improvements approved by the outlined as “Eligible Improvements”. Tools may not be purchased with grant funds, but tool rental is allowable. Program funds are to be used for building improvements that are visible to the public or enhance the building’s use, rather than simple routine maintenance. All improvements completed through Program are “public work,” as that term is used in Section 1720 of the California Labor Code. In accordance with Labor Code section 1720 et seq., prevailing wages shall be paid for all improvements. Use of volunteer labor is not allowed. All estimates and payments for construction and installation of improvements shall include prevailing wages and shall otherwise comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and all other appli cable laws and regulations with respect to prevailing wages. Participants in the program are responsible for ensuring that the improvements are in compliance with the Prevailing Wage Law.
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 214 of 970
ELIGIBLE IMPROVEMENTS
The Program is designed to support the City’s revitalization efforts in Indio by helping businesses enhance or revitalize storefronts.
Eligible uses of funds are for:
• Interior painting or wall
coverings
• Windows and window
treatments
• Door
• Floor covering
• Lighting systems
• Ceiling tiles
• Display cases
• Partition walls
• Exterior signs, vinyl letter
signage (windows)
• Benches and trash
receptacles
• Landscaping
• Outdoor seating
Ineligible Improvements include, but are not limited to:
• Building structural repairs;
• Portable signs; signs not mounted
or attached to storefronts;
• Improvements that are not in the
public view
• Improvements not approved by
the City in writing.
NOTE: Final decision on grant amount and eligible projects will be determined by the City of Indio on a case -by-case basis. Program availability will be based upon available funding on an annual basis.
APPLICANT ELIGIBILITY REQUIREMENTS
Applicant(s) who desire to participate in the Program must meet the following criteria:
• The applicant (s) must be either the current property owner (s) or the business owner(s) (tenant). Tenant must receive owner(s) written approval to be eligible for participation in the Program. In case of multiple ownership, the signature of each titleholder is required on all appropriate documents.
The City will verify property ownership and require all persons currently on the title to give written consent to all work proposed to be performed on the property before initiating such work;
• Only businesses within Highway 111 Corridor Specific Plan (see Attachment A “Map”) are eligible to participate;
• The business must have an active business license with the City of Indio; • All building improvements supported by the Program funds must be for improvements to the building that are visible to the public or enhance the use of the building;
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 215 of 970 • The property owner agrees to be responsible for ongoing maintenance for five (5) years following the completion of the program -funded improvements, including any landscaping;
• The business must be open to the public, free of building code violations and/or tax liens for five years moving forward upon participation approval; and
• Exterior improvements must follow City-approved design standards for any exterior modifications.
IMPLEMENTATION WORK
All improvements shall conform to the City of Indio’s Building Codes, Zoning Ordinance, and applicable Design Guidelines. Project improvements commenced before the City’s issuance of a Notice to Proceed are not eligible for this Program. City staff will be available to work with approved applicants to assist in coordinating the project. City staff will carry out periodic inspections.
DETERMINATION OF ELIGIBILIT Y AND APPROVAL OF WORK
SCOPE PROCESS
Program eligibility will be determined based on the City review of a completed program application submitted by the property owner(s) or tenant. Applications will be available on the City’s website.
1. Application- If your business is in the eligible area , please complete all of the application’s components and submit it to Economic Development Department, 100 Civic Center Mall, Indio, CA 92201, or via email at [email protected].
2. Verification and Eligibility Determination-
a. Applicant Eligibility
• Property Owners and tenants of commercial buildings
• All tenants must provide the City written consent from the property owner where the proposed improvements occur.
• Tenants must provide written evidence that they have a minimum of two (2) years lease term remaining after the projected completion of improvements
• Applicants must have a current Business License to conduct business at the address where improvements are to occur and must not be delinquent or past due on any City of Indio fees for the grant term.
Once an applicant has been determined to meet eligibility requirements, an initial inspection of the property will be made by the Building Department to determine if any code violations exist. These code violations must be remedied BEFORE an applicant is eligible to participate in the program.
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 216 of 970 b. Property Eligibility
• The property must have an address within Highway 111 Corridor Specific Plan (see Attachment A).
• Businesses such as casual dining restaurants and retail will be given preference in the application process to achieve the goals of the program.
c. Exclusions
• Applicants who have completed eligible improvements before the program commencement date do not qualify for assistance • Applicants who have received assistance from the City of Indio for the business at the business address are not eligible for assistance. • Structural improvements not related to exterior improvements, including seismic upgrades.
All property improvements made under this program must be consistent with the City’s Highway 111 Corridor Specific Plan and Indio General Plan 2040. As with any other project, the property improvements under this program must also adhere to all applicable building codes, sign ordinances, and development/design standards for the City of Indio. Any code violations must be corrected before funding is released. Should any code violations occur related to any improvements made using funding from this Program and remain uncured for a period of time as outlined in a code enforcement citation, the participant may be required to reimburse the City for any unamortized funding over 5 years from the date funding is released.
3. Approval and Notifications - City will send a written approval or denial notification.
4. Contract Agreement- City staff will select and execute all necessary contractor agreements for any improvements. If the business owner(s) and/or tenant have questions about the work, questions should be directed to City staff.
5. Secure Planning and Building Permits - All necessary planning, building, encroachment permits, and other permits must be secured by the City’s Planning and Building Department before construction is initiated.
6. Complete Work- City contractor will carry out the agreed upon final Scope of Work. Any necessary permits and final inspections must be completed before payment is requested. Payment will be made in the form of a check to the contractor upon submittal of lien releases and satisfactory co mpletion of improvements.
7. Selection of Contractor - Business owner or tenant will select contractor to perform improvements. All contractors must obtain necessary Federal, State, and Local Licenses to perform work and are subject to prevailing wage laws.
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 217 of 970 Attachment A
(Highway 111 Corridor Specific Plan
Boundary Map)
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 218 of 970 Attachment B
Examples of Projects from other Cities
City: Salt Lake City
Population: 200,000
Grant Amount: $30,000
City: Auburn, Washington
Population: 80,900
Grant Amount: $30,000
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 219 of 970 City: Mesquite, TX
Population: 140,000
Grant Amount: $20,000
City: City of Columbia
Population: 134,000
Grant Amount: $15,000 (Exterior) and $10,000 Interior.
**Must apply for exterior in order to apply for interior grant.
AGENDA ITEM #8.11
Review and approval of the Building Beautification Program, which includ... Page 220 of 970 City of Indio
City Council
August 17, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: Reconsideration of the circumstances of the COVID -19 state of emergency and determine that the legislative bodies of the City of Indio will continue to hold meetings via teleconferencing pursuant to the findings set forth in Government Code Section 54953(e)(3).
RECOMMENDATION:
The City Council has (i) reconsidered the circumsta nces of the COVID -19 state of emergency; and (2) finds that the state of emergency continues to directly impact the ability of the members of the City’s legislative bodies to meet safety in person and Cal OSHA continues to recommend measures to promote social distancing.
SUMMARY:
To continue to have the ability to meet remotely pursuant Government Code Section 54953(e) (AB 361), the City Council must make certain finings no later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. The City Council reconsiders the findings it previously made and then makes a determination of whether the State’s COVID -19 declared state of emergency continues to impact the ability of all of the members of the City’s legislative bodies from meeting sa fely in person and as a result of the state of emergency, meeting in person presents imminent risks to the health and safety of attendees. Accordingly, the City Council has previously held that the City's legislative bodies may continue to use virtual tele conferenced meetings in compliance with Government Code Section 54953(e).
BACKGROUND INFORMATION:
The City Council and its legislative bodies have met remotely throughout the pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City’s legislative bodies to continue to hold meetings pursuant to AB 361. The state of emergency is still in effect and the City Council has previously reconsidered the findings and determined that the state of emergency continues to directly impact the ability of members of the City's legislative bodies to meet safely in person.
Since the beginning of the year, there have been several COVID -19 variants, including the Delta variant, the Omicron variant (which was prevalent i n the beginning of the year), and the subvariant BA2, which is sometimes referred to as the "stealth omicron" and is a subvariant of Omicron. With the start of the summer, the number of coronavirus cases has significantly increased. In addition, there are two new Omicron strains (BA.4 and BA.5) that have become dominant.
AGENDA ITEM #8.12
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 221 of 970 During the month of July in Riverside County, COVID -19 cases and hospitalizations continued to increase along with many other counties in Southern California. For example, between Jul y 8th and July 11th, Riverside County added 4,238 new cases. Between July 13 and July 20th, there were 814 cases reported. Towards the end of July, the case number decreased to 746 cases for the reporting period ending July 27th. While COVID-19 cases continue to remain high, the numbers are decreasing.
In the City of Indio, for the reporting period ending July 27th, Indio had an increase of 181 cases, 1 additional death and 320 recoveries.
Notwithstanding the lifting of the universal mask mandate, Cal OSHA Emergency Temporary Standards continue to recognize the importance of social distancing and states that the fact that particles containing the virus can travel more than six feet, especially indoors, training and instruction should be given to employees in that regard as well as inform that physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID -19 and are most effective when used in combination.
Accordingly, it remains prudent that we monitor and continue the flexibility of a hybrid format will allow the continuation of the City’s business so that Council or Commission meetings would not have to be cancelled should members have health concerns or are sick and would provide the flexibility to each member of a legislative body to determine for themselves based on their own health matters whether attending a meeting will be risk to their health and safety or to those attending the meeting.
Even if the City Council continues to make the findings as required, the City Council and each of the City’s commissions can continue to meet in person and the chambers can continue to stay open. This determination does not require that meetings only be held remotely. This determination, howev er, would allow the City to make adjustments if needed (temporarily closing the chambers to the public) should COVID-19 continue to rapidly rise or the new variants threaten the health and safety of the public including staff and members of the City’s legislative bodies.
In conclusion, by reconsidering the circumstances of the state of emergency created by the COVID19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet safely in person, the publ ic meetings of the City of Indio can continue to be conducted by Zoom for the next 30 days.
APPROVAL(S):
Roxanne Diaz, City Attorney Approved - 04 Aug 2022
AGENDA ITEM #8.12
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 222 of 970 City of Indio
City Council
August 17, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: First Amendment to the City Manager Employment Agreement and adoption of Resolution No. 10317 amending the City Manager’s salary schedule in the Classification and Compensation Plan.
RECOMMENDATION:
Approve the First Amendment to the City Manager Employment Agreement and adopt Resolution No. 10317 amending the City Manager’s salary schedule in the Classification and Compensation Plan.
SUMMARY:
City Manager Bryan Montgomery has recently completed his first year as Indio’s City Manager. As provided by the City’s Manager’s employment agreement, a performance evaluation is to be conducted on an annual basis. As stated in the agreement, “annual perfo rmance evaluations are an important way for the City Council and Employee to ensure effective communications regarding expectations and performance.”
BACKGROUND INFORMATION:
The City Council conducted the City Manager's evaluation on June 1, 2022 and Ju ne 15, 2022. The City Manager and the staff team he leads have made significant accomplishments over the last twelve months. Indio has more fully “taken center stage” by moving forward important projects, programs and initiatives – all with the guidance of a new, detailed Strategic Plan. The announcements of new businesses and other investment in the Downtown is most notable. Also, quality residential growth continues, along with additional commercial projects throughout the community that are significan tly adding to the City’s revenue base. The successful passage of Measure E is allowing for increased investment in roads, parks, and the construction of a new fire station, new 911 dispatch center and a new Police services building. Construction plans for a new city hall and library are also underway. A new, comprehensive rebranding of Indio is in full swing as the City of Festivals continues to grow and provide a high-quality lifestyle for its residents.
Based on the City Council's evaluation, the attac hed First Amendment to the City Manager Employment Agreement ("First Amendment") is presented for the City Council's approval. The First Amendment provides the City Manager with a $10,000 increase to the current base salary of $257,000 effective June 15, 2022. Accordingly, the City Manager's new base salary shall be $267,000. No other changes were made to the current agreement.
AGENDA ITEM #9.1
First Amendment to the City Manager Employment Agreement and adoption of... Page 223 of 970 Accordingly, the City Attorney recommends that the First Amendment to the City Manager's Employment Agreement be approved and Resolution No. 10317 amending the Classification and Compensation Plan to reflect the new base salary be adopted.
Under Section 54953(c)(3) of the Government Code, which was added to the Brown Act by Senate Bill 1436 in 2016, an oral summary report m ust be made during an open public meeting of a recommendation for a final action on the City’s Manager’s salary, salary schedule, or compensation paid in the form of fringe benefits prior to the City Council taking any such final action. This summary will be provided during the City Attorney’s oral presentation of this item.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$11,200 In current year budget: Yes
Current FY General
Fund Impact:
$6,160 Budget adjustment: No
Next FY Financial
Impact:
$11,200 Strategic Objective:
Source of funds: Various Fund-Org-Object
Reference:
Various
Additional Financial Details:
City manager compensation is split across various operational areas: general city operations - General Fund (55%), the Indio Water Authority (35%), Indio Housing Authority (5%), and the City of Indio Successor Agency (5%). The recommended increase to the current base salary and any associated increase in salary-based benefits, will be split accordingly. Salary-based benefit costs include employer paid pension costs of around 11% and disability insurance costs of about (0.4%).
Additional salary-based benefit costs are expected to total about $1,200 a year.
ATTACHMENTS:
Indio- Final City Manager First Amendment to City Manager Employment Agreement Reso No. 10317
APPROVAL(S):
Roxanne Diaz, City Attorney Approved - 05 Aug 2022
AGENDA ITEM #9.1
First Amendment to the City Manager Employment Agreement and adoption of... Page 224 of 970 12183-0001\2680368v1.doc- 1 -
FIRST AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF INDIO AND BRYAN MONTGOMERY
This First Amendment is made an entered into as of July 20, 2022 and is to the Employment Agreement dated May 13, 2021 between the City of Indio, a California municipal corporation (“City”), and Bryan H. Montgomery, an individual (“Employee”).
RECITALS
A. On May 13, 2021, the City and Employee entered into an employment agreement under which the City hired Employee as the City Manager for the City (“Employment Agreement”).
B. Following a performance evaluation, the City and Employee now desire to amend the Employment Agreement and amend the City Manager’s annual salary.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Employee hereby agree as follows:
Section 1.Paragraph A entitled “Base Salary” of Section 5 of the Employment Agreement shall be amended in its entirety to read as follows:
“A. Base Salary. From the Effective Date of this Agreement, City shall pay Employee an annual salary of $257,000, subject to legally permissible or required deductions and withholding, prorated and paid on City’s normal paydays. Beginning on June 15, 2022, City shall pay Employee an annual salary of $267,000, subject to legally permissible or required deductions and withholding, prorated and paid on City’s normal paydays. Employee’s compensation is for all hours worked and for all services under this Agreement, including those as an Executive Director or involving any other position, office or appointment associated with the City. Employee shall be exempt from the overtime pay provisions of California law (if any) and federal law.” Section 2.Except as specifically amended by this First Amendment, the remaining provisions of the Employment Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be signed and executed personally as of the date listed above. /
/
/
AGENDA ITEM #9.1
First Amendment to the City Manager Employment Agreement and adoption of... Page 225 of 970 12183-0001\2680368v1.doc- 2 -
EMPLOYEE:
Bryan H. Montgomery
CITY OF INDIO:
Waymond Fermon, Mayor
ATTEST:
___________________________
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
___________________________
Roxanne Diaz, City Attorney
AGENDA ITEM #9.1
First Amendment to the City Manager Employment Agreement and adoption of... Page 226 of 970
1 RESOLUTION NO. 10317
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO
AMENDING THE CITY MANAGER’S SALARY SCHEDULE IN THE
CLASSIFICATION AND COMPENSATION PLAN
Whereas, on June 15, 2022, the City Council adopted Resolution No. 10305 approving a City-wide Classification and Compensation Plan;
Whereas, following a performance evaluation of the City Manager, the City Council has approved an amendment to the base salary of the City Manager as of June 15, 2022;
Whereas, the City’s Classification and Compensation Plan as well as the salary schedule requires an amendment to reflect the adjusted base salary of the City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City-Wide Classification and Compen sation Plan is hereby amended with respect to the position of “City Manager” only, effective June 15, 2022, as set forth below:
Section 2. This Resolution shall become effective immediately upon its adoption.
Section 3. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2022 , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Title Current
Grade
Current
Status
Grade Status Monthly
Min $
Monthly
Max $
Unit
City
Manager
999
Active
529
Active
$22,250
By
contract
EXEC
AGENDA ITEM #9.1
First Amendment to the City Manager Employment Agreement and adoption of... Page 227 of 970
2 __________________________________
Waymond Fermon, Mayor
ATTEST:
____________________________
Cynthia Hernandez, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________
Roxanne Diaz, City Attorney
AGENDA ITEM #9.1
First Amendment to the City Manager Employment Agreement and adoption of... Page 228 of 970 City of Indio
City Council
August 17, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Resolution No. 10323 adopting the City of Indio Fiber Master Plan
RECOMMENDATION:
Approve Resolution No. 10323 adopting the City of Indio Fiber Master Plan
SUMMARY:
Adoption of a citywide Fiber Master Plan
BACKGROUND INFORMATION:
The City Council approved $125,000 for the preparation of a Fiber Master Plan in the Fiscal Year 2019/2020 Budget. On January 15, 2020, the City of Indio issued a Request for Proposals (RFP) for the preparation of a Fiber Master Plan with a submittal deadl ine of February 24, 2020. The purpose of this RFP was to solicit proposals from qualified individuals, firms or teams of firms to assist the City in developing a strategic plan for the development of reliable and next generation broadband services in the C ity to support the provision of municipal and Smart City services, enhance the City’s economic development, supplement educational services, enrich public safety services and expand healthcare. The City received four (4) responses to the RFP. A review committee made up of representatives from Public Works, Police, Economic Development, City Manager’s Office and Community Development reviewed and ranked the RFP submittals. The statewide public health emergency for the COVID -19 pandemic was issued on March 4, 2020.
Because of this emergency, the former City Manager directed all discretionary spending projects be put on hold due to the then economic uncertainty resulting from the pandemic. The preparation of the Fiber Master Plan was not proposed as part of the Fiscal Year 2020/2021 Budget, but was recommended as part of the Fiscal Year 2021/2022 Budget and approved by the City Council.
Director Technology Information and Director Community 2021, the July In Development interviewed the three top -scoring firms that had previously responded to the RFP. From these interviews, the Directors recommended to the City Manager the selection of Magellan Advisors to prepare the Fiber Master Plan.
The previously issued RFP specified the following key work tasks:
• Current and Future Needs Assessment
• Inventory and Assessment of City-Owned Broadband Assets • Assessment of Privately Owned and Non-City Owned Broadband Resources AGENDA ITEM #9.2
Resolution No. 10323 adopting the City of Indio Fiber Master Plan (Ian C... Page 229 of 970 • Assessment of City Policies and Business Practices
• Gap Analysis
• Feasibility Analysis
• Draft and Final Master Plan Development
The previously issued RFP also identified several interactions with the City Council to gather its feedback and direction throughout the planning process.
The City Council approved a profess ional services agreement with Magellan Advisors on August 18, 2021 to help City staff develop the Fiber Master Plan. Following this approval, City staff and Magellan Advisors have engaged in various tasks for the preparation of the Plan including but not limited to analysis of opportunities and constraints for the enhanced provision of fiber infrastructure through the City, engagement with key stakeholders and community members on key issues regarding fiber and multiple presentations to City Council to solicit ideas and feedback.
The adoption of the City of Indio Fiber Master Plan will assist the City in strategically pursuing local, state and federal grant opportunities to assist the City in developing an enhanced fiber infrastructure network in the City.
ATTACHMENTS:
Attachment 1: Resolution No. 10323 - Fiber Master Plan
AGENDA ITEM #9.2
Resolution No. 10323 adopting the City of Indio Fiber Master Plan (Ian C... Page 230 of 970
1 RESOLUTION NO. 10323
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, ADOPTING THE CITY OF INDIO FIBER MASTER
PLAN
WHEREAS, the City Council approved $125,000 for the preparation of a Fiber Master Plan in the Fiscal Year 2019/2020 Budget. On January 15, 2020, the City of Indio issued a Request for Proposals (RFP) for the preparation of a Fiber Master Plan with a submittal deadline of February 24, 2020. The purpose of this RFP was to solicit proposals from qualified individuals, firms or teams of firms to assist the City in developing a strategic plan for the development of reliable and next generation broadband services in the City to support the provision of municipal and Smart City services, enhance the City’s economic development, supplement educational services, enrich public safety services and expand healthcare; and
WHEREAS, the City received four (4) responses to the RFP. A rev iew committee made up of representatives from Public Works, Police, Economic Development, City Manager’s Office and Community Development reviewed and ranked the RFP submittals that were reviewed by a committee made up of Public Works, Police, Economic Development, City Manager’s Office and Community Development reviewed and ranked the RFP submittals; and
WHEREAS, the statewide public health emergency for the COVID -19 pandemic was issued on March 4, 2020 that resulted in the preparation of the Fiber Master Plan being put on hold until funding was restored in the Fiscal Year 2021/2022 Budget; and
WHEREAS, in July 2021, following interviews conducted by City staff with the three top scoring respondent firms to the RFP, City staff recommended to the City Manager the selection of the selection of Magellan Advisors t o prepare the Fiber Master Plan; and
WHEREAS, the Fiber Master Plan is intended to address current and future fiber needs in the City, to inventory and assess current city-owned broadband assets, to assess privately owned and non- City owned broadband resources in the City, to assess City policies and business practices and to conduct a gap analysis regarding what exists versus what exists in terms of the provision of enhanced broadband infrastructure; and
WHEREAS, the City Council approved a professional services agreement with Magellan Advisors on August 18, 2021 to help City staff develop the Fiber Master Plan and following this approval, City staff and Magellan Advisors have engaged in various tasks for the preparation of the Plan including but not limited to analysis of opportunities and constraints for the enhanced provision of fiber infrastructure through the City, engagement with key stakeholders and community members on key issues regarding fiber and multiple presentations to City Council to solicit ideas and feedback; and
AGENDA ITEM #9.2
Resolution No. 10323 adopting the City of Indio Fiber Master Plan (Ian C... Page 231 of 970
2 WHEREAS, the adoption of the City of Indio Fiber Master Plan will assist the City in strategically pursuing local, state and federal grant opportunities to assist the City in developing an enhanced fiber infrastructure network in the City.
NOW, THEREFORE, THE CITY CO UNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct, are incorporated into this Resolution by reference and constitute a material part of this Resolution.
Section 2. The City Council hereby adopts the City of Indio Fiber Master Plan attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon its adoption.
Section 4. The City Clerk shall certify to the passage, approval, and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2022.
__________________________________
WAYMOND FERMON, MAYOR
ATTEST:
____________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
AGENDA ITEM #9.2
Resolution No. 10323 adopting the City of Indio Fiber Master Plan (Ian C... Page 232 of 970
CITY OF INDIO , CA
Fiber Master
Plan
Final August 2022
EXHIBIT "A"
AGENDA ITEM #9.2
Resolution No. 10323 adopting the City of Indio Fiber Master Plan (Ian C... Page 233 of 970
WWW. MAGELLAN BROADBAND . C O M
2 TABLE OF CONTENTS
Executive Summary ................................ ................................ ............................... 4 Recommendations ................................ ................................ ................................ ...... 6
1. Asset Inventory ................................ ................................ .............................. 7 Summary Discussion ................................ ................................ ................................ ... 7 CIty owned Assets ................................ ................................ ................................ ...... 7 Non -City Owned Assets ................................ ................................ ............................... 8
2. Current and Future Needs Assessment ................................ ........................... 17 Stakeholder Input ................................ ................................ ................................ .... 17 Broadband Survey ................................ ................................ ................................ .... 26
3. Assessment of Policies & Business Practices ................................ ................... 36 The Broadband Policy Environment ................................ ................................ ............ 36 Broadband Policies ................................ ................................ ................................ ... 39 Conclusions and Implications ................................ ................................ .................... 55
4. Gap Analysis ................................ ................................ ................................ 59
5. Feasibility Analysis ................................ ................................ ....................... 61 Business Model Options ................................ ................................ ............................ 62 Model 1: Policy Only ................................ ................................ ................................ 64 Model 2: City Passive Infrastructure ................................ ................................ .......... 65 Model Comparison ................................ ................................ ................................ ... 71 Summary ................................ ................................ ................................ ................. 75
6. Conceptual High -Level Design ................................ ................................ ....... 76
7. Recommendations & Next Steps ................................ ................................ .... 82 Appendix A: California’s Broadband Policy ................................ ........................... 84 Appendix B: Federal Communications Commission ................................ ................ 94 Appendi x C: Infrastructure Investment and Jobs Act (IIJA) Broadband Infrastructure Grants ................................ ................................ ................................ ............. 103 Appendix D: Developer Agreement Conditions for the City of Shafter CA ............... 105 Appendix E: Broadband Operating Models Comparison ................................ ........ 111 INDIO SWOT ANALYSIS ................................ ................................ ............................ 114 Summary ................................ ................................ ................................ ............... 121
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3 TABLE OF FIGURES
Figure 1. City of Indio Traffic Signal Conduit ................................ ................................ ........... 8 Figure 2. CVAG RTSSP ................................ ................................ ................................ ............... 9 Figure 3 . Golden State Middle Mile Network ................................ ................................ ......... 10 Figure 4. GPON Architecture ................................ ................................ ................................ .. 13 Figure 5. Metro Fiber in Indio (source: FiberLocator) ................................ ............................ 13 Figure 6. Long -Haul Fiber in Indio (source: FiberLocator) ................................ ..................... 14 Figure 7. Data Center Locations (Sourc e: datacentermap.com) ................................ ........... 15 Figure 8. Wireless 4G Coverage in Indio (Source: Federal Communications Commission) .. 15 Figure 9. Towers and Antennas in Indio ................................ ................................ ................ 16 Figure 10. CV -Link Fiber Routes ................................ ................................ ............................. 22 Figure 11. Respondents’ Type of Connection (n=224) ................................ ........................... 28 Figure 12. Map of Locations Where Respondents Indicate Broadband is Not Available ..... 29 Figure 13. Respondents’ Internet Service Provider (n=137) ................................ .................. 29 Figure 14. Respondents’ Provider by Location ................................ ................................ ...... 30 Figure 15. Low Speed Test Results by Location ................................ ................................ ..... 32 Figure 16. All Speed Test Results by Location ................................ ................................ ....... 33 Figure 17. The Golden State Network Routes in Riverside County ................................ ....... 41 Figure 18. Coachel la Valley Middle Mile Project 17 ................................ ............................... 42 Figure 19. CV Sync alignment with Golden State Network ................................ .................... 52 Figure 20. Municipal Broadband Considerations ................................ ................................ .. 61 Figure 21. Broadband Participation Models ................................ ................................ .......... 62 Figure 22. Model 3 - City Active I nfrastructure ................................ ................................ ...... 67 Figure 23. Model 4 – City as the Retail ISP ................................ ................................ ............. 69 Figure 24. Model 5 – City as the Retail ISP with Partners ................................ ...................... 71 Figure 25. Upfront CAPEX ................................ ................................ ................................ ....... 72 Figu re 26. Operating Models and Risk ................................ ................................ ................... 74
TABLE OF TABLES
Table 1. Spectrum Offerings in Indio ................................ ................................ ..................... 11 Table 2. Frontier’s Offerings in Indio ................................ ................................ ..................... 12 Table 3. Descriptive Statistics for Broadband Cost and Performance Among Survey Respondents ................................ ................................ ................................ ........................... 31 Table 4. Respondents’ Assessment of Current Internet Service Performance (n=119) ........ 34 Table 5. Pros and Cons of Broadband Operating Models ................................ ................... 111 Table 6. Impact Assessment Broadband Operating Models ................................ ............... 113 Table 7. City Examples of Broadband Operating Models ................................ .................... 113
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4 Executive Summ ary
Technology is transforming the way cities do business on every level from permitting to virtual meetings and many smart city applications . If cities want to remain competitive and attract and retain businesses and residen ts, they must embrace this technology and find ways to implement these services to benefit the community. Technology and innovation previously only benefit ed urban cities . Now internet enabled technologies need to be embraced by all communities .
The City of Indio engaged Magellan Advisors to develop a fiber master plan as a roadmap for improving broadband availability and access to deliver a variety of community benefits including enhancing economic development, enabling government innovation through s mart city applications, enhancing quality of life , ensuring digital equity and supporting more efficient delivery of municipal services .
The City currently owns limited broadband infrastructure and fiber optic assets, however the Coachella Valley Association of Governments, CVAG is in the process of upgrading the region’s traffic signal system including the City of Indio. This project should be leveraged allowing for Indio to significantly reduce construction costs to build a fiber optic network. The objectives o f this study are intended to inform City leadership of the gaps, opportunities, costs, risks, and benefits of implementing high -speed internet for the community . Key aspects of the study include:
• Current and future needs assessment
• Inventory and assessme nt of city -owned broadband assets • Assessment of private and non -city owned broadband assets • Assessment of city policies and business practices
• Gap analysis
• Feasibility analysis
The market and needs assessment s show that newer areas of Indio have high -speed broadband through existing service providers , whereas the older portions, less dense areas, and the downtown corridor lack reliable and high -speed broadband . Due to the lack of investment by incumbent provide rs, t here is a need for the ci ty to support these areas by investing in new infrastructure as well as implementing digital literacy programs . It was clear through the discussions with the incumbent providers that the focus
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5 for new infrastructure and expan sion of fiber networks will be focused on the newer areas and those with new homes and commercial developments .
This leaves the downtown and Jewel community lacking adequate broadband unless the City leverages the C oachella Valley Association of Government’s (CVAG) CV-SYNC Regional Traffic Signal Synchronization Project (RTSS P) project to cost effectively build infrastructure to support it.
A detailed survey was conducted and showed that 87% of the respondents, mostly residential, had an always on high -speed connection provided by one of the two incumbents . Charter/Spectrum and Frontier . Both provider ’s customers showed a high level of satisfaction with their services although cost of the services was an issue for some . As part of the survey , there was an imbedded speed test that confirms the average speed of those tested was 200 mbps download and 100 mbps upload which is sufficient for residential services . The survey had 7 business respondents but of those seven, five would definitely move for bet ter broadband with all other business matrices being equal .
This provides insight for economic development challenges and the need to support the business sectors in Indio with a fiber optic network . Economic development is the life blood of any municipal ity. Retaining and attracting businesses and residen ts is key to economic growth and vitality . Broadband infrastructure and services are an essential utility for communities today and in the future. Along with attracting new businesses and residen ts, smart city and internet of things applications help to make cities more efficient, relieve traffic congestion , improve heal th, public safety and education and promote digital equity for tele -work, tele -health and distance learning in an ever increasing digital world.
Due to the high cost of construction and the need for private companies to turn a profit , communities cannot rely solely on the private sector to fill the all of the need . Government s, through significant broadband grant funding from the US Treasury are filling those gaps where businesses and residents are un/underserved. To assist Indio in operating a government owned broadband infrastructure, Magellan recommends a government owned and privately operated partnership model. The partnership will leverage the strengths of both the city and the private sector . The City has opportunities to build infrastructure at a significantly lower cost through the CV-SYNC project and lease out those assets t hrough a partnership with an
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6 experienced private sector service provider to deliver competitive services to businesses and residents . These assets will also allow the City to co nnect most of its facilities to a common high -speed network and provide its own services , saving funds by eliminat ing circuit lease costs .
RECOMMENDATIONS
1. Create a broadband oversight committee tasked with furthering broadband development in the City and the Coachella Valley , working closely with CVAG and the State of California as it builds out the Golden State Network, its open access middle mile network in the region and throughout the State on Caltrans right -of-way.
2. Continue discussions with CVAG , utilizing the RTSSP to place fiber optic cables in the traffic system conduits during the project , saving time and significant construction costs.
3. Research and apply for grants to aid in constructing broadband in the un/underserved census blocks and new development zones .
4. Issue an RFP to find a private partner to run and supply services for phase 1 and phase 2 of the network design .
5. Build phase 1 of the proposed high -level design by connecting city facilities together on one common city owned network and connect the backbone network to the Golden State Network for wholesale internet services at reduced costs .
6. After phase 1 is constructed, Information Technology should install new equipment to provide gigabit services to city facilities and c ancel some or all leased broadband services from 3rd parties saving the City anywhere from $12 2k – 145K a year in operat ing expenditures .
7. As funding and a public private partnership is in place , build phase 2 of the network design , supporting the underserv ed portions of the city and increasing economic viability in th ose areas.
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7 1. Asset Inventory
Magellan Advisors analyzed the broadband landscape of the City of Indio to determine the available private company asset used to deliver services .
Emphasis was on “facilities -based” carriers, or those that own their own physical infrastructure including fiber, copper, and coaxial cables as well as those that own wireless infrastructure including towers and wireless radios .
SUMMARY DISCUSSION
Indio i s well served according to Federal and State definitions . One provider, Spectrum, covers over 99% of the city with a gigabit offering (See Figure 1) and Frontier covers 90% of the city with gigabit fiber . Thus, 90% of the city has a choice of gigabit broad band providers . Even with two providers, the city should encourage additional Fiber -to-the -Premises competition to accelerate incumbent upgrades and to moderate pricing . The city is well covered by the three U.S. mobile network operators (MNOs) with 4G/LTE .
This competitive environment should also ensure timely 5G upgrades by all three . Lastly, there is substantial fiber running through the city that will provide the requisite connections to major internet centers and peering points in both Los Angeles, an d for redundancy purposes, Phoenix .
CITY OWNED ASSETS
The city of Indio owns relatively little infrastructure that can be leveraged for this project . There is existing traffic signal interconnect conduit that could be used if needed, however, it lines up with the CVAG RTSS project discussed in the next section.
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8 Figure 1. City of Indio Traffic Signal Conduit
NON -CITY OWNED ASSETS
Coachella Valley Association of Governments (CVAG)
CVAG has embarked on the Regional Traffic Signal Synchronization Project (RTSSP) which is going to transform the current traffic signal system into an interconnected smart traffic system . RTTSP is a funded project that is placing a 4” conduit along major thoroughfares in the Coachella Valley area with a new 144 fiber optic cable to connect the traffic signals on a state -of-the-art high -speed network. Magellan and city officials interviewed the CVAG project management team and discovered that as part of the planning, CVAG intended to aid cities in expanding broadband networks by allowing cities to place fiber optic cables alongside of the traffic fiber . Due to the funding of
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9 RTSSP, cities cannot use the traffic cable, the networks must remain separate .
The placement of the new cable has not been funded and would fall on the cities wishing to take advantage of this opportunity . The cost for additional cables being installed at the same time as th e traffic cable is a very cost - effective method of construction and cannot be overlooked .
Figure 2. CVAG RTSSP
Golden State Middle Mile Network
Part of SB156 was the creation of a “middle -mile” network connecting the state of Cal ifornia with fiber optics on a state -owned network . The network is not fully designed and final plans for the entire network are not set, however the portions of the network that traverse through Indio has been finalized
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10 and funded . It is being built by th e construction company building the CVAG project . The routing does not directly benefit Indio from the fiber optic plan but it will benefit Indio in the future by bringing access to a network connecting to anywhere in California that Indio may need to conn ect in the future .
Figure 3. Golden State Middle Mile Network
Facilities -based Service Providers in Indio
This section will discuss “facilities -based” service providers serving Indio today . Facilities -based service providers own their cables and wires that connect to each household .
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11 Spectrum
Spectrum/Charter is the second largest cable company in the USA with revenues near $50 billion per year . Only Comcast is larger . They have close to 30 million residential subsc ribers and over 2 million small and medium business customers .
It’s worth noting that cable companies typically service small and medium businesses that are within their residential cable footprint . For businesses outside of this area, the cable company w ill often charge the business the full costs of deploying cable or fiber from an existing point of presence to the specific location . These costs can be tens of thousands of dollars depending on the length of new construction.
In Indio, Spectrum serves mo st of the entire city with ‘up to a gigabit’ service .
The highest data rate offered is 940 Mbps . The 940 Mbps is the actual payload data rate and factors in the protocol overhead on a 1 Gbps Ethernet (GigE) connection . In additional to the highest rate, th ey offer a limited number of internet options with discounts for a 1 -year or 2 -year commitment.
Table 1. Spectrum Offerings in Indio
O f f e r
M a x . D a t a
R a t e
M o n t h l y
C o s t
L e n g t h o f
C o n t r a c t
Spectrum Internet Assist 30 Mbps $18
Spectrum Internet 50 50 Mbps $30 2- year contract
Spectrum Internet 200 Mbps $50 1-year contract
Spectrum Internet Ultra 400 Mbps $70 1-year contract
Spectrum Internet Gig 1 Gbps $110 1-year contract
They provide the traditional “Triple -Play Bundle” of voice, Cable TV and Internet . They provide these services over their hybrid fiber -coax (HFC) network. The HFC network deploys fiber from their centralized headends and hubs to neighbor hood nodes serving 250 to 500 homes . At the node, the fiber is terminated, and the remaining network is coaxial cable . Their stated plans are to deploy additional fiber deeper into the network (Closer to homes) and eliminate their aging coaxial cable.
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12 Fron tier Communications
Frontier Communications is a large US -based telecommunications company that has undergone numerous acquisitions, mergers, and divestitures. It was originally founded in 1935. In the early 1990’s it began acquiring rural telephone lines from providers such as GTE and rural phone companies around the county .
Frontier Communications acquired Verizon’s Incumbent Local Exchange Company (ILEC) in Indio business around 2015 -16. With that acquisition they also got a near city -wide Fiber -to-the -Premises (FTTP) network that Verizon marketed as FIOS . Frontier now calls this Fiber Broadband . In Indio, Frontier has fiber in most of the city except for the underserved areas . The focus for the new fiber construction is for the new neigh borhoods and developments .
Table 2. Frontier’s Offerings in Indio
O f f e r M a x . D a t a R a t e
M o n t h l y
C o s t
L e n g t h o f
C o n t r a c t
Frontier FiberOptic 500/500 Mbps $50.00 For 12 months with 1- year contract
Frontier FiberOptic 940/880 Mbps $75.00 For 36 Months with 1- year contract
Frontier stated that they were capping their FIOS network except for large new residential developments . Their current FiOS network is based on GPON (Gigabit Passive Optical Network) which is limited to 2.5 Gbps d ownstream toward the homes and 1.25 Gbps upstream toward the network . This bandwidth is shared among the number of homes on the PON segment . This is usually 16 or 32 for GPON . For example, the 2.5 Gbps GPON shared among 32 homes would give each home a guar antee of only 78 Mbps downstream and 39 Mbps upstream if all 32 homes were heavily using the network at the same time . This is unlikely to occur so actual performance would be higher .
This is also where they phrase “up to” comes from in PON architectures .
Cable TV’s’ “up to” bandwidth is due their similar “tree and branch” architecture that shares the total bandwidth over multiple households.
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13 Figure 4. GPON Architecture
Metro Fiber
—
City of Indio
boundary
— Crown Castle
—
ExteNet (formerly
Hudson Fiber)
Figure 5. Metro Fiber in Indio (source: FiberLocator ) Fiber optic networks are classified by the types of access they accommodate .
Metro networks, as the name implies, are designed to connect major sites in relatively dense metropolitan areas to each other, to long -haul networks, and to other service providers, typically via colocation data centers or
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14 exchange facilities. Middle -mile networks are like metro networks but typically extend access to interconnection points in major cities.
Both long -haul and metro/middle -mile connectivity are priced on an individual case basis, based on the service level, number of sites, distance, and ba ndwidth required. Some of these companies —especially long -haul providers —will lease dark fiber strands on some routes, but these are generally lit services. Many of the companies prefer to sell connectivity as part of a suite of managed services. As illust rated figure below, there is little metro, or local, fiber in the City of Indio.
Long Haul Fiber and Middle Mile Fiber
Long -haul networks allow access only at major carrier points -of-presence (POPs) . Long -haul customers want as few points of failure as possible, which translates into limited access . For the City of Indio, long haul fiber is important for both private and public entities to connect to major internet and cloud peering, or interconnect, sites in Los Angeles and Phoenix.
— City of Indio
boundary
— AT&T
— Lumen Technologies
(formerly Level 3)
— redIT
Figure 6. Long -Haul Fiber in Indio (source: FiberLocator) Data Centers
A major trend in computing is the migration to “the cloud” and a major trend in the cloud is the migration to “the edge”. By moving computing resources closer to the end users reduces latency and improves application performance. Thus, data centers and in terconnects, or peering points, are being established away from the
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15 major internet centers. As shown in Figure 7, while there are three data centers in Riverside, just north of Indio, there are no data centers in the Coachella Valley.
Figure 7. Data Center Locations (Source : datacentermap.com) Wireless Assets
AT&T
TMobile
Verizon
Figure 8. Wireless 4G Coverage in Indio (Source: Federal Communications Commission)
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16 According to the FCC, the City of Indio is well covered with 4G mobile offerings from the “Big 3” U.S. Mobile Network Operators (MNOs); AT&T, Verizon and T -Mobile . This is show in Figure 5 by the purple color which is a result of AT&T, Verizon Wireless and T -Mobile each having total coverage of the area . This full coverage i s provided by over 42 towers and 311 antennas as shown in Figure 8. This competitive environment should put Indio in the early waves of 5G upgrades . However, there is limit fiber in the city (See Figure 3) that could be leveraged for 5G densification and the deployment of small cells .
Figure 9. Towers and Antennas in Indio
Non-City Owned Assets Conclusion
Indio is well served today w ith private communication assets with 90% of the city having a choice of gigabit providers and 99% of the city having access to one gigabit provider . The city is also well covered by the three major mobile network operators . There also appears to be suffic ient fiber to ensure the city has redundancy high -speed connects to major internet peering points .
The city should encourage a new full fiber entrant to increase competition, ensure incumbents upgrade in a timely fashion and to minimize disrupting construc tion projects by multiple providers.
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17 2. Current and Future Needs
Assessment
STAKEHOLDER INPUT
Magellan conducted multiple group and individual discussions in February and March of 2022, involving over 20 local and regional leaders, to identify current and fu ture needs for fiber network infrastructure. We also conducted online research to get background information the organizations and issues raised by participants. The results reported below came directly from those discussions and that research and are not the ideas or opinions of Magellan associates.
Education
Indio is part of the Desert Sands Unified School District (DSUSD), which has 15 sites in the City, including an adult education center as well as seven elementary schools, five middle schools or prim ary schools, and two high schools. Coachella Valley Unified School District (CVUSD) has a school in Indio, there are a couple charter schools in the City, and a College of the Desert satellite location. All the public schools are connected via fiber, subsi dized by E -Rate , the contract for which was expiring in the second quarter of 2022 .1
DSUSD’s schools are connected to the district office in La Quinta in a hub - and-spoke configuration with Spectrum 1 Gbps circuits to the district office, which is also connected via a Spectrum 5 Gbps circuits to CENIC 2 via the county office of education in Riverside, and two alternate, back -up services.
The DSUSD’s data center, located at Jefferson Middle School, adjacent to a major city park and across the street from local library, needs to be upgraded to a 20 Gbps circuit to the district offices. CVUSD has a similar
1 E-Rate is program of the Universal Service Administrative Company (USAC), which was established by the Federal Communications Commission (FCC) to distribute funds gathered from consumers by telecommunications companies.
2 CENIC is a nonprofit corporation that provide s high -performance, high -bandwidth networking services to universities , schools, and research institutions across California.
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18 network configuration, with all sites, including the school in Indio connected to the district office in Thermal.
The College of the Deser t (COD) has two 10 Gbps connections to CENIC to its data center at the main campus in Palm Desert. The Indio satellite also connects to a sister institution in Copper Mountain. COD has a total of seven sites around central Riverside County. Most are connected via dar k fiber from Spectrum but COD sites in Coachella, Thermal, and fire academy in Thousand Palms connect via microwave. The microwave has been in place for 3 years, operating consistently at 1 Gbps. Riverside County Library has a similar configuration with 38 sites, including the Indio branch, connected at 1 Gbps via Spectrum fiber.
The COD and CVUSD were working on a private LTE radio access network (RAN). Funded by CARES and American Rescue Plan act funds, it is intended to serve its students in areas south of Indio, from Coachella to North Shore, including Thermal, Mecca, and other rural areas around the northern end of Salton Sea. There will be five cells, each consisting of an antenna and base station mounted on a tower, using radio frequency bands 42 and 48 as well as CBRS (i.e., a tri -band system). All five cells will backhaul via microwave to COD main campus. Pacific Lightwave will build and operate the network.
CVUSD will be responsible for distributing user equipment and managing users.
Generally, par ticipants sought a more unified solution for flexible learning, including virtual academies. Online education was expected to remain strong. Enrollment in distance learning increase five -fold since before the pandemic. Some students learn better remotely, it was noted, and some classes are best taught remotely. The content and platforms for such learning is in the cloud. There were few local servers, and those were used as secondary, due to extra costs. Libraries were shifting to remote access to resources along with checking out devices to patrons to go online.
Participants felt the increase in remote work and rent costs were driving students online and farther away.
The implication was educators with students over larger, more remote areas, without the in frastructure for learners to connect. Even where available, learners can’t afford service due to other, more essential costs. While E -Rate pays for schools to connect, it limits use to at -school. School IT departments are under -staffed, seen as a cost cent ers, and must deal with complex, high -
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19 risk cybersecurity issues. Additional, dedicated staff and systems would be needed to manage an access network.
Healthcare
Indio is served by a range of healthcare providers. Desert Care Network provides the full rang e of health and medical services, at 22 centers, hospitals, and other facilities, some clustered in buildings or campuses . It has a major medical center in Indio, JFK Memorial Hospital , with a surgery center across the street. It also has six specialty car e centers clustered together in La Quinta, less than five miles from the hospital, just over a mile outside Indio city limits. Desert Care Network is headquartered, and has most sites, in Palm Springs , with other locations in Joshua Tree and Yucca Valley , and is part of Tenet, a nationwide network with 67 hospitals .
Oasis Behavior al Health is part of the Stars Behavioral Health Group, which had 50 locations across central and southern Californian at the time of this research, with plans to grow to 60. Oasi s itself had two locations offering in - and out -patient care, one in Coachella and main site in Indio, which includes vocational rehabilitation, and was planning a third location in Banning, which was a community -based program.
Desert Care Network had c entralized electronical medical records ( EMR) and clinical systems. It’s three hospitals were interconnected via software - defined wide -area network ( SDWAN ) using two carriers , Frontier and Spectrum , for diversit y. Two sites direct ly connected to hospital s, so me microwave was used to interconnect sites on -campus, one site connected via
1.45 Mbps “T -1” dedicated circuit, and they used some dark fiber owned by Frontier. The system took a while to establish but was reasonably reliable and adequate. They planned telecom systems and wireless LAN upgrades at all three hospitals , with more centralized services and more remote access, all managed by Tenet corporate, out of the Dallas. The goal was to be prepared for the future.
For Oasis, it’s “crown jewels” were its web-based medical records systems and Microsoft Office 365, which operates in “the cloud.” Telehealth, particularly video appointments, was an important part of its practices. Their sites were connected to each other and its parent company’s data center (i n Long Beach) with SDWAN service from Pacific Lightwave, using T -1 and Spectrum broadband with fail over to 4G cellular. The speeds of these
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20 connections simply weren’t adequate; they needed 100 Mbps. Oasis also used LTE enabled laptops, which was considere d expensive but necessary for sure access.
Both stakeholders expected increasing demand for telemedicine. Desert Care Network had over 400 doctors that a ll have their own offices , many are mobile and work remote ly. Access to imaging, which is essential for diagnosis and treatment, was c hallenging for those off -site because the f iles are huge . They expected m ore app lication s to be used in more locations with their infrastructure in the cloud. Growth of region meant increased need for health care and new serv ices that will have unique requirements . Remote care was expected to grow steadily if slowly, especially for elderly and low - income persons, over the next two to five years. People had to become more accustomed to home sessions and get the necessary connec tivity and devices.
Social Support and Governmental Services
Riverside County has multiple sites in Indio, including courts, the Emergency Operations Center, and the jail. The County’s network had been a hub -and- spoke configuration, centralized for securit y, but was moving to SDWAN - based mesh network with multiple hubs so all sites had at least four paths to the internet. The County owned and operated a tier -3 data center and multi - provider meet -me room in Riverside open to private and public entities. The County’s new justice center and jail were connected via Crown Castle fiber.
County sites in the city center and the Empire Polo Club, which host multiple large events supported by the county, needed better connectivity. P ockets of Riverside County around Indio were considered unserved and poorly served by broadband. The challenge was to reach people in those areas to inform them about options. The County was specifically interested in helping with connectivity in Indio’s business centers and for small busi nesses. Beyond specific areas affordability was an issue for many county residents.
FIND Food Bank and Martha’s Kitchen are two of the many non - governmental, non -profit social safety net and support organizations that serve Indio and neighboring communitie s. Both have headquarters in Indio.
FIND fed 150,000 people month ly across eastern Riverside and southern San Bernardino Counties via 150 distribution sites, including mobile markets and community -based organizations . Martha’s Village & Kitchen assisted ov er
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21 8,000 people annually at four locations, including main campus in Indio, with a continuum of care to break the cycle of homelessness and poverty.
FIND has fiber -based business internet from Frontier, Wi -Fi throughout its buildings, and several Verizon J etpack cellular to Wi -Fi routers for field work.
They found this to be an adequate set up but felt the Jetpacks were cumbersome. Martha’s Kitchen is on Spectrum coax -based internet and provided Wi -Fi for staff, which often served to fill in for cellular be cause there was no coverage in its buildings. It experienced regular internet outages and required more reliability.
Martha’s Kitchen made extensive use of Zoom conference calls and was totally upgrading its servers, while FIND was migrating to Microsoft products and coming to accept that “video is just part of the daily grind.” Martha’s Kitchen was a data -driven organization because everything about its services had to be documented via its Homeless Management Information System (HMIS) . They provided basi c computer skills training and employment assistance for clients, all of which required internet access.
FIND had increasing need for mobile staff working in the field as well as at partner agencies. Digital equity was noted as an issue for persons at ris k of homelessness and hunger. While everyone had cell phones, that didn’t mean equitable access. Persons with limited access had the greatest need for cooling centers, food aid, living wage jobs, rental assistance, and similar support. Collaboration betwee n agencies was critical to meet these needs and relied on connectivity.
Transportation and Utilities
Participants in represented Coachella Valley Association Governments (CVAG), which handles transportation planning for the area, Coachella Valley Economic Partnership (CVEP), Sun Line Transit Agency, which serves Coachella Valley , and Valley Sanitary District (VSD), which provides wastewater services in Indio. The Riverside County Transportation Commission and City of Indio play key roles in implemen ting transportation policy.
Power in Indio is provide by Imperial Irrigation District (IID) . Portions of Indio and surrounding communities are served by five water utilities, not including VSD. Imperial Irrigation District (IID) provides water service to areas south of Indio, around Salton Sea. The general trends these stakeholders expected to
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22 impact the area were population growth and growth in distribution and logistics sector, including large warehouses. Coachella Valley was characterized as the “next l ogical place” due to proximity to the Port of Los Angeles and other parts of the Inland Empire being fully built out. Indio was seen as the most capable of accommodating rapid growth.
CVAG is leading two major transportation projects. One is CV -Link, a 40 -mile, valley -wide pathway that is accessible to bicyclists, pedestrians and low - speed electric vehi cles .3 The other is a program to upgrad e traffic signal control system to coordinate traffic on major roadways , particularly US Highway 111 , called CV -Sync .4 Ultimately, the project is planned to include 560 traffic signals in 52 corridors in the Coachella Valley and establish infrastructure for the valley to operate as a “smart region .”
Figure 10. CV -SYNC Fiber Routes
The C V-Sync , also known as the Regional Tra ffic Signal Synchronization Project (RTSSP), is a funded project placing a 144 -strand fiber optic cable in a 4” conduit for the exclusive use of the traffic signal network. CVAG has added to the plans to allow for citi es to place a new fiber optic cable in
3 For more information about CV -Link, visit https://coachellavalleylink.com/ . 4 For more information about CV -Sync, vi sit https://www.cv -sync.com/ .
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23 tandem with the traffic cable. The additional cable and placement have not been funded and the cities would need to fund th ose portions in their city limits . Initiative leaders expected this to catalyze 5G and IoT 5 investments, improve public safety response times, and support the Coachella Festival and other large events. Phase I was a $50M project and phase II was to be out for bid in summer 2022. It was being coordinated with the Golden State Middle Mile Network, which would get 144 strands, as well as the various cities. The overall issues were how to fund the build, particularly what costs the cities would cover and the benefits (e.g., portions of fiber strands in specific paths) they would receive.
CVEP manages the Palm Springs Innovation Hub (iHub), funded by the City of Palm Springs and Wells Fargo , to support early -stage businesses in renewable energy, health and medicine, and digital technology. CVEP specifically plans to attract, nurture, or start 50 renewa ble energy -based companies in five years . It also seeks to attract angel and venture capital investments , create high -paying jobs in technology and manufacturing , increase per capita household income , and generally transform the greater palm springs econom y through innovative enterprise s. Broadband enables telecommuters to move to the area while working Los Angeles or San Jose, bringing talent to address lack of university graduates.
SunLine, headquartered in Thousand Palms, operates nine fixed SunBus bus routes in the valley and a tenth commuter route on I -10 to San Bernardino. It provides paratransit service (SunDial), app -based local “microtransit” service (SunRide) from homes to bus stops in four zones, which do not include Indio, and regulates taxi serv ices. It has been a leader in alternative energy, particularly hydrogen -powered vehicles. Ridership was down greatly over the pandemic. Ninety percent of riders did not have their own vehicles. SunLine wanted more people who could drive to choose transit, instead. SunLine made extensive use of communications technologies planned around the “worst case” to ensure they can connect with all riders. SunLine’s myStop
5 5G is next -generation, high -speed, flexible wireless communications system, and IoT (“Internet of Things”) is the concept of adding intelligence to and connecting numerous items, particularly for automating processes. For ad ditional information about how the two fit together, read https://www.forbes.com/sites/bobodonnell/2021/06/17/iot -for -5g-could - be-next -opportunity/ .
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24 SunBus tracker web app was widely used but there was s till demand for paper schedules.
All buse s had 4G for telemetry, surveillance video, and public Wi -Fi, with expectation to move to 5G. At the time of this research Sunline was transitioning to VOIP radios in conjunction with Riverside County and planning for traffic signal synchronization along b us routes. One of SunLine’s goals is to have connected, “smart” bus stops with real -time information displays. There are nine transfer centers in the SunBus system, including one in Indio on Hwy 111 between Flower St and G olf Center Pkwy. All the transfer centers have connections to SunLine’s headquarters and to a disaster recovery site but with no redundancy. SunLine planned to move from on - premises servers to the cloud but must have very reliable connections. They needed network route diversity and altern atives to 4G for maximum uptime.
Valley Sanitary District has one processing plant and four lift station.
Spectrum was their internet service provider . The plant has SCADA system for control and monitoring. It is not connected to the lift stations. The District was working on a major expansion of its processing plan, rehabilitation of pumps, and several pipeline projects. They were replacing small segments of the sewer mains with plans to replace all the older mains within the next 10 years . All of this is being done in coordination with the City. The District expected to need more bandwidth and wider use of SCADA.
More broadly, the City of Indio wanted to deploy technology for controlling, metering, and surveilling utility systems. Generall y, this meant a multitude of wirelessly connected sensors. There had been problems with wireless backhaul and connections in the 800 MHz band.
The building industry was booming in and around Indio at the time of this research despite increasing costs , supp ly chain issues slowing everything down , and a long -term labor short age. There were 1,900 to 2,000 single family units built per year and 100 multi -dwelling units. People who realized they could work from home were moving in from the larger cities . Everybo dy has umpteen gadgets . The broadband infrastructure in the area could not handle it. When multiple devices are online at the same time everything locks up . The amount of bandwidth was “nonexistent. ” As people c ame home over the last two years , everyone l eft the offices and schools , it made matters worse. Indio had the most housing starts, particularly north side of the freeway . Those areas had some of the worst connectivity. Traffic was
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25 also noted as a major issue resulting from rapid growth and commuting patterns.
The DVBA was on the second floor of a building with Spect rum as the provider , o n a corner right behind Sam’s Club , and could not get adequate connectivity. Broadband service got worse further east and down into the Coachella Valley . The Cathedra l Valley neighborhood was noted as an example of “ the kiss of death ” where providers didn’t invest in wired infrastructure because people had cell phones, and no one had land lines .
There have also been issues with energy services between SCE and IID 6 on different sides of the valley . The area’s population was spread out and there was a big mountain between Coachella Valley and western Riverside . South of I -10, communities are farther apart away with a lot of undeveloped land between them.
Builders wer e willing to pay their fair share for broadband infrastructure but didn’t want to pay for others . They built energy and water infrastructure for their developments and deeded to the utilities. This included purple pipe for greywater, much of which had not been used, but not towers. Many communities ha d small parcels of the city property that weren’t useful for much but could accommodate towers . People wanted connectivity but didn’t like towers. Older sections of town had utility poles and outdated telecom infrastructure.
High temperatures and winds in the area resulted in many (approximately 20 to 30 in normal circumstances and 40 to 50 poles in a major wind event ).
Street maintenance was a constant battle due to traffic and weather, as well as commercial d evelopment. Broadband was identified as part of the solution to the traffic problems, improving flow and reducing demand. It was suggested that the area got overlooked by state government because it’s not a big metro and it’s not rural. These issues had be en exacerbated by the cities not working together.
6 Southern California Edison (SCE) is a private power producer and Imperial Irrigation District (IID) is a public provider of power and water . Both provide power to portions of Indio.
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26 Conclusions and Implications
Indio is the hub of the Coachella Valley and the dividing point between the more affluent and populous northern communities and less affluent, more rural southern ones. The en tire region has seen rapid growth due to persons and families moving out of major southern California metros for lower cost, higher quality living. The hugely popular Coachella Valley Music and Arts Festival, other events, and natural assets have also fuel ed growth by attracting many visitors to the area. Infrastructure and services in the region have not kept up, particularly in the older parts of Indio. Stakeholder inputs indicate that requirements for connectivity have increased drastically in the last c ouple of years and are expected to increase more due to development, growth, and outdated existing infrastructure.
The region has a range of agencies and enterprises working to address many of these issues. Unfortunately, the incumbent cable and telephone companies do not seem to be among them. Consistent, coherent policies and programs related to broadband —specifically, “dig once” and similar broadband -friendly policies and “smart city” programs —would multiply the impact of these efforts. A public -public p artnership, including other cities in the valley and the stakeholders who contributed to this assessment, could be very effective in acquiring state and federal funding as well as attracting private investment. Specific opportunities are to develop public fiber infrastructure in conjunction with other infrastructure and facilitate deployment of privately owned wired and wireless broadband access infrastructure.
BROADBAND SURVEY
To gain further insight into the current state of broadband and need for future connectivity, Magellan Advisors and the City of Indio conducted a broadband survey among businesses and residents. The survey was open for approximately ten weeks between October 2021 and January 2022 and received a total of 224 valid unique responses. As shown in the table below, most responses came from households in Indio. Among residential respondents, the average household size was 2.83 people, very close to the
2.73 average size according to Census data. The average age of the youngest person in respondent households was 4 0 and the oldest was 60, compared to the median age of 40 years as indicated in Census data.
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27 Table 3-1. Survey Responses by Type
R E S P O N S E T Y P E C O U N T
Household/Residence 214
Organization: Business, government, non-profit, etc. 10 Total 224
Forty percent ( 48) of respondents indicated that they were retired or otherwise out of the workforce, which is relatively close to Census data estimates that 41.9% of Indio residents ages 16+ are no longer in the workforce. About 19% of respondents ( 23) worked in the servi ce industry, while 17% (20 ) worked in Arts, Business, Management, or Science. About 30% of respondents (3 6) indicated having Bachelor’s degrees and 2 7% (32) indicated having some college but no degree. Residential respondents had relatively higher levels o f educational attainment than would be anticipated according to Census data.
Survey respondents from organizations were asked to identify their industry sectors. Among the ten responses, only 3 indicated their sectors, which included two responses from Public Administration and one response from Other Services . Due to the low number of responses, it is difficult to draw conclusions about how well Indio’s industries are represented .
The survey yi elded useful empirical indicators of broadband in the City.
Recognizing results of survey analysis as indicators, we report statistics but use approximate language in discussing the findings. Generally, these results should be considered the “best case” fo r the more affluent and informed residents of the community. Additional effort will be required to determine the situation for younger, less educated residents. The same applies to large, multi -location service and wholesale companies.
Broadband Adoption
Most of the respondents ( 87%) had broadband connection s, defined as high - speed, always on service . Approximately 6% of respondents had low-speed service including cellular, dial -up, or satellite , and another 6% were unsure of whether they had broadband . Les s than one percent (1 respondent) reported not having internet service.
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28 Figure 11. Respondents’ Type of Connection ( Responses =224) Among respondents who did not have broadband, the top reason was that broadband was not available at their location; seven respondents listed this as a top reason. The second most cited reason was that available services are too expensive.
To gain additional insight into where broadband service is not available, we created a map of the locations of respondents who ranked this as one of the top 3 reasons for not having broadband, shown below. Based upon this map, the locations are sporadic and no specific clusters of responses identify pockets of unserved locations.
High-speed, always-on
broadband service
This location has no
internet service
Low-speed service,
including cellular, dial-up,
or satellite service
Unsure/don't know
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29 Figure 12. Map of Locations Where Respondents Indicate Broadband is Not Available
Respondents service provider were evenly split, with 68 respondents indicating they had service through Frontier and another 68 indicating they had service from Spectrum Charter. One r espondent indicated having service through Verizon Business.
Figure 13. Respondents’ Internet Service Provider (Responses =137) Frontier
Spectrum/Charter
Verizon Business
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30 Service locations for both Spectrum/Charter and Frontier were somewhat evenly dispersed throughout the City, as shown below , although frontier seems to be the primary provider in the northwest and Spectrum/Charter appears to serve most locations in the sou thwest of the City . The single Verizon Business location was in the center of the City just to the south of Indio Boulevard.
Figure 14. Respondents’ Provider by Location
Performance
Respondents were asked how much they paid for broadband and related services and what contracted speeds they paid for. These were “best guesses” by the person responsible for choosing and paying for the service.
Variance would diminish with more responses but should be assumed high in this situation. Actual performance was recorded automatically via a speed test integrated into the survey. But performance will vary over time based on
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31 network congestion and other factors. Therefore, we report a full set of descriptive statistics, including average, maximum, median, and minimum speeds.
On average, survey respondents reported contracted to receive speeds of approximately 277 Mbps download and 260 Mbps upload. To get a better understanding of actual performance , the survey contained an embedded speed test that respondents ran from their locations. The actual speed test results were much lower than contracted speeds, with an average download speed of 179 Mbps and an upload speed of 184 Mbps .
Table 3. Descriptive Statistics for Broadband Cost and Performance Among Survey Respondents
S T A T I S T I C
C O N T R A C T E D T E S T E D
M R C7
M R C /
M B P S8 D O W N UP D O W N UP
Average 277.18 259.63 179.19 184.12 $87.22 $0.25
Median 200 100 102.6 44.83 $75.00 $0.51
Mode 500 500 NA 2.56 $80.00 NA
Max 1000 1700 932.2 1607.56 $1650.00 $0.65
Min 1 0.9 0.4 0.9 12.00 $9.23
A V E R A G E S B Y P R O V I D E R
Spectrum 203.81 170.46 143.69 117.09 $105.29 $0.40
Frontier 352.05 339.71 191.51 244.77 $69.15 $0.16
Verizon NA NA 93.88 719.57 NA NA
On average, respondents who subscribed to services through Spectrum were paying slightly more than Frontier customers, although their average upload speeds were much lower. Respondents who identified Frontier as their provider were getting the best value, with an average cost of $ 0.16 per Mbps per month.
Survey respondents’ locations were mapped based on the total throughput (upload plus download) that they received through the survey’s speed test to get a better unders tanding of whether there are pockets of underserved locations where service is especially slow. The map below indicates low speed connections of under 100 Mbps . Red triangles represent locations
7 MRC is “Monthly Recurring Costs.”
8 Cost per mbps is calculated by dividing the cost by the total throughput (actual download plus actual upload speed).
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32 where total throughput was less than 28 Mbps , representing the FCC’s definition of broadband as 25/3 Mbps as a cutoff and indicating that these locations do not have broadband according to the Federal definitions.
Orange triangles represent connection s sli ghtly faster, between 26 and 50 Mbps , and yellow triangles represent locations with speeds between 51 and 100 Mbps . As shown in the map, most of the red locations are in the central areas of Indio; all but one of these locations is served by Spectrum/Chart er.
All of these locations are residential, not commercial.
Figure 15. Low Speed Test Results by Location
The map below displays all speed test results, including the low speed connections, as well as higher speeds above 100 mbps.
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33 Figure 16. All Speed Test Results by Location
The survey also asked respondents to rank their current internet service on a variety of factors, as shown below. More than half of respondents ranked their services as Good or Excellent across all factors, with the exception of Price , for which respondent s were relatively evenly split between Bad, Neither, or Good.
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34 Table 4. Respondents’ Assessment of Current Internet Service Performance (Responses =119)
T e r r i b l e Bad
N e i t h e r /
N o t s u r e G o o d E x c e l l e n t
Overall 5.9% 8.4% 10.1% 56.3% 19.3%
Performance/speed 3.4% 13.8% 14.7% 49.1% 19.0%
Price 7.6% 28.0% 23.7% 27.1% 13.6%
Reliability 2.6% 13.8% 18.1% 48.3% 17.2%
Service/support 6.0% 13.7% 27.4% 41.9% 11.1%
Most respondents reported slowdowns and service outages, although they were relatively infrequent, as shown in the figure below. Slowdowns appear to every few days to once a year and service goes out for an hour or two every few months to about once a year . About 15% of respondents did experience slow downs on a daily basis and about 8% of respondents were seeing brief outages on every day.
Use
To better understand how internet is being used, we asked household respondents to identify how essential it is fo r a variety of common uses .
Most respondents found internet to be extremely useful or essential across all tasks, except generating income or selling things, for which only about a quarter of respondents found it to be essential.
We also asked respondents how often someone in their household was using internet for critical services such as schoolwork or training, telecommuting, operating a home -based business, or health monitoring. The most common of these uses was schoolwork or training, with 33% of resp ondents indicating that someone in their household used internet for this purpose mor than once a week . Just under a quarter (22.9% ) of respondents had someone who telecommuted more than once a week. Very few resondents (0.8%) had someone in their househol d who used it more than once a week for consulting a healthcare professional, although many respondents did use it a few times a year for this purpose.
Among organizational respondents, digital technologies were absolutely essential or very useful for all uses including management and
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35 administration, production, outbound logistics, and sales and marketing. To understand just how critical broadband is, we asked organizational respondents whether they would be willing to move their business for much faste r, less expensive internet services. Of the four respondents , two said they would definitely would move, one definitely would not move, and one was somewhere in between.
Conclusions
Generally, affluent consumers (relatively older and better educated) in Indio have reasonably fast broadband. Unfortunately, younger residents with lower levels of educational achievement did not respond so we cannot draw any conclusions about their connectivity. Broadband is available in most locations. The market is bifurcated , with a relatively even split of Spectrum/Charter and Frontier customers.
Overall, respondents were happy with their current services, although price was an issue for some respondents. Although broadband speeds were acceptable, the cost per capacity was rather high, especially for Spectrum/Charter customers who made up the majority of survey respondents. Residential l ocations , mostly served by Spectrum/Charter, in the central part of the City had the lowest speeds, some of which did not meet the definitio n of broadband by Federal standards, and many of which fall under the emerging 100/20 mbps guidelines set forth in the American Rescue Plan Act , Infrastructure Investment and Jobs Act, and other upcoming state eligibility criteria.
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36 3. Assessment of Policies &
Business Practices
The purpose of this section is to present a comprehensive review of the City’s existing policies and ordinances as they relate to extending fiber facilities to businesses and residences, and summarize existing documents, identify gaps, and make recommendations for new policies and best practices that have been successful in other cities .
THE BROADBAND POLICY ENVIRONMENT
Significant developments in wireline and wireless broadband technologies and capabilities have caused substantial chan ges in the policy environment, at both the state 9 and federal 10 levels. New policies are being implemented to bring better, cheaper and faster wireline broadband connections to citizens on a universal basis. These policies are designed to close the “digital divide” and significantly increase connection speeds and capacities for many important applications including education, health care, public safety and economic development .
These new policies include vast new funding of broadband infrastructure and digital equity and adoption programs through the Infrastructure Investment and Jobs Act 11, increasing the defined minimum speed of “broadband” to 100 Mbps download and 20 Mbps upload, utility coordination policies to coordinate placement of broadband i nfrastructure including fiber optic facilities, developing improved broadband mapping,
9 California’s broadband policies are described in more detail in Appendix A. 10 Federal Communications Commission wireless polices are described in more detail in Appendix B.
11 Infrastructure Investment and Jobs Act broadband infrastructure provisions are outlined in Appendix C. The IIJA grant programs will be overseen by the National Telecommunications and Information Administration (NTIA).
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37 building an open access middle -mile network 12 in California, and requiring competitive access to multi -tenant buildings.
On the wireless side, new policies are being im plemented to address deployment of “5G” wireless antennas including implementation of streamlined procedures for “eligible facilities requests”, shortened “shot clocks” for the local authority’s handling siting requests and limitations on fees that can be charged, and implementation of small cell deployment standards and guidelines as well as use of Master License Agreements . 5G “Small Cell” Wireless Service
“5G” wireless service is a crucial facet of the new broadband environment including “Smart City” applications. It is the fifth generation of the wireless communications technology platform. “4G” was characterized by development of “apps” that needed sustained reliable connectivity which in turn drove 4G antenna densification, while 5G relies upon even more closely spaced, small antennas. Deployment of 5G antennas increases demand from wireless carriers such as AT&T, Verizon, and T -Mobile and their contracted outsourced infrastructure providers (e.g., Crown Castle, Mobilitie, etc.) for access to city -owned and utility -owned structures and public rights -of-way for “4G/4G+” and 5G small cell deployments.
“4G/4G+” deployments are aimed at densification and increasing capacity in high -use areas while 5G small cell facilities are also being deployed in large r numbers to greatly increase speed and data capacity on a “fill -in” basis. “5G” based wireless service uses low power transmitters with coverage radius of approximately 400 feet, 5G thus requires closer spacing of antennas and more of them. Small cells b ring the network “closer” to wireless service users to deliver greatly increased data capacity, faster connectivity speeds and an overall better wireless service.
5G networks operate multiple frequencies in three bands using millimeter wavelengths – the h ighest of which is anticipated to offer download/upload speeds of 1 Gbps. The actual speed and range the consumer gets depends on a variety of factors, including what frequency is being used by the service provider – low-band, mid -band, or high -band. Gener al observations:
12 “Middle Mile Locations Outreach Briefing” presented to California State Association of Counties, California Public Utilities Commission, August 20, 2021.
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38 • Low-band frequencies work well across long distances and in rural areas; speeds are greater than 4G but slower than other 5G frequencies.
• Mid-band frequencies are currently sought after since they permit greater speeds while covering rel atively large areas.
• High -band frequencies provide the fastest speeds but in more limited circumstances such as close to the antenna and in areas without physical obstructions (i.e., windows, buildings, walls). Thus, high band will work well in dense area s where antennas can be placed every few hundred feet. This spectrum delivers the high speeds that are commonly associated with 5G when the subject comes up.
• It is therefore likely that 5G networking will be a combination of low, mid, and high -band freque ncies .
5G networks are designed to provide increased efficiencies while decreasing latency and are designed for improving the performance of connected devices that define the “Internet of Things” or IoT. 13 Examples include autonomous vehicles, healthcare monitoring technologies, ultra - high -definition video, virtual reality, and many more applications that are ripe for development. The transition to 5G will not occur overnight, and 4G and 5G will coexist such that when a device drops 5G signal a handoff to 4G LTE should be imperceptible .
Wireless providers are beginning to use 5G to provide home internet connections, including T -Mobile 5G Home Internet 14, Verizon’s 5G Ultra - Wideband 15 and Starry (various plans). Prices range from $30 to $80 per month, and m aximum download speeds range from 35 Mbps to 1 Gbps without data caps. 16
13 There is not a universal definition of “Internet of Things”, but it generally refers to scenarios w here network connectivity and computing capability extends to objects, sensors and everyday items not normally considered computers, and allows these devices to generate, exchange and consume data with minimal human intervention. 14 https://www.t -mobile.com/news/offers/t -mobile -launches -5g-home -internet -in-metro -by- t-mobile -stores
15 https://www.veriz on.com/5g/
16 Could 5G Home Internet Be the Solution to Your Broadband Needs? By Trey Paul, CNET.
March 6, 2022. https://www.cnet.com/home/internet/what -is-5g-home -internet/
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39 5G Wireless Requires Fiber Optic Facilities
There is a common public misconception that “wireless service” is fully wireless, end -to-end, cell phone to cell phone. In fact, typically the only “wireless” component to wireless service is the wireless transmission over radio spectrum between the user’s cell phone and the cell tower at either or both ends of the call. 17 Wireless service places significant demands on the wireline network for (typically) fiber optic connection of each cell tower or small cell antenna to wireless providers’ network facilities .
BROADBAND POLICIES
State of California Policies
California has been very active in designing and implementing broadband policies to expand broadband availability and digital literacy in the state.
Governor Newsom made significant findings in Executive Order N -73-20 18 issued on August 14, 2020 in the midst of the COVID -19 pandemic:
• Over 2 million Californians do not have access to broadband at benchmark speeds of 100 Mbps (download) including 50 percent of rural housing units.
• 23 percent of California housing units, housing 8.4 million residents, do not have broadband subscriptions (as of December 2018) . • 34 percent of ad ults over age 60 do not currently use the internet. • “The COVID -19 pandemic has amplified the extent to which broadband is essential for public safety, public health, and economic resilience”. • “The COVID -19 pandemic has caused schools to shift to distance learning”.
The California Public Utilities Commission (CPUC) began executing on its assignments in the Executive Order regarding broadband mapping and data and broadband facilities deployment by opening a proceeding regarding
17 In some cases, operators have used radio spectrum to transmit consumer data and voice traffic from the transmitter on the tower to the base, where it is then connected to the landline network. But this engineering practice is going by the wayside as it consum es valuable radio spectrum and is otherwise less desirable from an engineering perspective, in favor of fiber connection of the transmitters on the tower to the base for connection to the landline network.
18 See , https://www.gov.ca.gov/2020/08/14/38666/ .
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40 broadband infrastructure dep loyment and support for service providers in California. 19 This was closely followed by passage of Senate Bill 156 which contains numerous detailed provisions implementing the broadband provisions of the 2021 budget package including:
• Defining “unserved areas” as those lacking broadband service with 25 Mbps download speed and 3 Mbps upload speed. Establishes the speed requirement for funded projects to be minimum of 100 Mbps download and 20 Mbps upload.
• Using ARPA funds for construction of a $3.25 billio n state -owned open - access middle -mile fiber optic network, overseen by the newly established Office of Broadband in the California Department of Technology (CDT).
• CPUC prioritization of middle -mile locations to connect unserved residences with broadband f acilities.
• Establishes a broadband advisory committee to monitor construction of the middle -mile network.
• Providing $2 billion in grant funds (partially funded by ARPA) for construction of last -mile facilities in unserved areas, directing $1 billion to r ural counties and allocating $1 billion initially to urban counties.
• Establishes a Broadband Loan Loss Reserve Fund to fund costs related to financing of the deployment of broadband infrastructure by a local government agency or nonprofit organization, in cluding payment of costs of debt issuance, obtaining credit enhancement, and establishment and funding of reserves for the payment of principal and interest on the debt.
The state middle -mile network effort —now called the Golden State Network (GSN) —is wel l underway, and CDT has retained CENIC California Middle Mile Broadband Initiative LLC as the third -party administrator for the network. The network segments proposed by CPUC staff 20 running through
19 Order Instituting Rulemaking Regarding Broadband Infrastructure Deployment and to Support Service Providers in the State of California; R.20 -09-001; Septembe r 18, 2020. 20 https://www.arcgis.com/home/webmap/viewer.html?webmap=e17e4e1c88b04792ab0a2c5 0aa1a19a3&extent= -126.1445,34.5234, -113.5981,41.1113
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41 Indio and adjacent area s are shown Figure 17 and the approved project 21 is shown in Figure 18.
Figure 17. The Golden State Network Routes in Riverside County
21 https://middle -mile -broadband -initiative.cdt.ca.gov/#project -descriptions
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42 Figure 18. Coachella Valley Middle Mile Project 17
Notably approval of this middle mile project overlaps with the CV SYNC traffic synchronization project under way with the Coachella Valley Association of Governments . This presents the opportunity for substantial cost savings via coordination of work between the projects to place additional fiber for community use .
Also, the CPUC has determined the rules and guidelines for use of the Federal Funding Account for grants to build last -mile facilities in unserved areas. The rules address areas eligible for grant funding, funding cri teria and evaluation of applications, performance criteria and administrative requirements including required information from applicants. Notably local government agencies are eligible for this grant funding to serve unserved areas with last -mile broadband facilities .
The CPUC has published comprehensive information on broadband implementation for California on its website at
https://www.cpuc.ca.gov/industries -and-topics/internet -and- phone/broadband -implementation -for-california
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43 UTILITY COORDINATION POLICIES FOR
PROJECTS
Substantial new investment in expanding broadband service availability, through the Infrastructure Investment and Jobs Act and SB 156 for example, adds significantly to demand for placement of fiber optic facilities in public rights of way. Utility coordination or “Dig Once” can be defined as policies and/or prac tices that foster cooperation and coordination among entities (especially utilities) that occupy public rights -of-way, to minimize the number and scale of excavations when installing infrastructure (especially telecommunications 22) in public rights -of-way. Dig Once has numerous substantial benefits, including promoting and supporting the placement of broadband infrastructure (e.g., fiber -optic cable and conduit), reducing the consequences and disruptions of repeated excavations (traffic disruption, road de terioration, service outages, and wasted resources), and enhancing service reliability and aesthetics.
Dig Once accomplishes the goal of minimizing costs of constructing separate trenches and facilities – via shared costs of construction. The cost savin gs are significant. The Federal Highway Administration estimates it is ten times more expensive to dig up and then repair an existing road to lay fiber than to dig support structure for fiber (e.g., conduit) when the road is being fixed or built. According to a study by the Government Accountability Office, “dig once” policies can save from 25 -33% in construction costs in urban areas and approximately 16% in rural areas. 23 In addition, development of Dig Once standards and guidelines for deployment of condu it and fiber will facilitate economic development and growth, as it enables cost -effective staged or gradual deployment of broadband infrastructure by local authorities.
Utility coordination implementation requires revision to the planning and coordina tion process for construction projects in the public rights -of-way.
22 Many utilities are “monopolistic” providers (s uch as gas, water/sewer and electric) but there are several types of telecommunications providers that seek permission to encroach on public rights -of-way, including cable TV companies, incumbent telecommunications companies, competitive telecommunications companies, and wireless communications companies.
23 https://eshoo.house.gov/issues/economy/eshoo -walden -introduce -dig -once -broadband - deploymen t-bill
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44 When subsurface utility work occurs, it presents opportunities for the City to install new fiber and/or conduit in the right -of-way at reduced costs via coordination of work. Utility coord ination policies allow the City to take advantage of other subsurface utility projects for the installation of fiber.
This enables the City to expand its ownership of fiber anytime subsurface utility work occurs, at preferential costs to new construction.
The concept can also extend to required placement of conduit for fiber optic conduits whenever the ground is opened, as expressed in recent Congressional legislation. This concept was embodied in the Broadband Conduit Deployment Act of 2018, which require d the inclusion of broadband conduit during construction of any road receiving federal funding. 24 Dig once and utility construction coordination is an effective way to reduce the cost of broadband infrastructure construction with opportunities for joint tr enching and sharing of construction overheads such as maintenance of traffic, staging construction activity, and restoration expenses.
FEDERAL HIGHWAY ADMINISTRATION
Substantial federal funding is provided for transportation projects including roads, bri dges, highways and Intelligent Transportation Systems (ITS).
Federal policy previously strictly prohibited non -highway use of ITS traffic fiber and related work in the highway rights of way, which impeded efficient deployment of broadband infrastructure. T he Federal Highway Administration has now implemented a new rule that aims to facilitate installation of broadband infrastructure. To accommodate broadband in the right of way federal highway projects by rule the state department of transportation is to id entify a “broadband utility coordinator” to be responsible for facilitating infrastructure efforts in the rights of way. This rule (23 CFR Part 645.307(a)) became effective March 3, 2022 .
CALTRANS
AB 1549 passed in 2016 requires Caltrans to notify compan ies or organizations of anticipated construction projects to encourage collaborative broadband installations, authorizes companies or organizations to collaborate with Caltrans to install broadband conduit, and requires Caltrans
24 The Broadband Conduit Deployment Act of 2018, H.R. 4800, January 16, 2018.
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45 to develop guidelines to fa cilitate the installation of broadband conduit on state highway rights of way. Caltrans maintains a “User Guide” for “Incorporating Wired Broadband Facility on State Highway Right of Way” last revised in 2018, which addresses partnering and collocation of conduits, processes for partnering and stand -alone permits, facility specifications, ownership and maintenance considerations and other matters .
Caltrans provides a variety of resources pertaining to wired broadband facilities on state highway right of wa y on its website. 25 This includes a new resource for “Accommodation of Wired Broadband Facilities within Access - Controlled State Highway Right of Way” 26 dated March 14, 2022 that addresses state legislation and considers the new rule (above) from FWHA .
Caltrans also provides contact information for its Broadband Coordinators, including for District 8 which includes Indio. 27 Inventory and mapping of Caltrans -owned wired data communications assets including broadband conduits is available from the Caltrans district contact .
AB 41 passed in 2021 requires that Caltrans projects funded by the Budget Act of 2021, and that are located in priority areas as identified by the CPUC under SB 156, include the installation of conduits capable of supporting fiber optic cables. Prioritized locations include those for the state’s middle -mile network that will serve locations unserved with last -mile broadband facilities capable of 25/3 Mbps service as well as unserved community anchor institutions (schools, colleges, librar ies, healthcare institutions, government entities, etc.) and tribal areas .
SENATE BILL 378/MICROTRENCHING
“Microtrenching” is a process where a narrow slice is cut in the roadway at a relatively shallow depth, conduit containing fiber optic cables is lai d in the small trench created, and then material is backfilled over the conduit and
25 Wired Broadband Facilities on State Highway Right of Way, Caltrans. https://dot.ca.gov/programs/design/wired -broadband
26 [Title ] https://dot.ca.gov/ -/media/dot -media/programs/traffic - operations/documents/encroachment -permits/attachment -a-wired -bb-accommodation - a11y.pdf
27 Caltrans Broadband Coordinators, Caltrans. https://dot.ca.gov/programs/design/wired - broadband/poc
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46 the trench is sealed. Microtrenching is initially much cheaper and faster than other more traditional excavation methods like trenching or boring, thus there has been incre asing interest among some service providers to deploy additional fiber facilities using microtrenching. However, some cities have had concerns about microtrenching and have been reluctant to allow its use .
Service providers supported legislation (Senate B ill 378) to require cities and counties to allow the use of microtrenching, which passed and went into effect January 1, 2022. Local agencies are now required to “allow microtrenching for the installation of underground fiber if the installation in the mic rotrench is limited to fiber, unless the local agency makes a written finding that allowing microtrenching for a fiber installation would have a specific, adverse impact on the public health or safety.” 28 Senate Bill 378 provides relevant definitions:
• “microtrench” is defined as a narrow open excavation trench that is: (1) no wider than 4 inches; (2) at a depth of 12 to 26 inches; and (3) created for the purpose of installing a subsurface pipe or conduit. 29 • “fiber” includes fiber optic cables, and relate d ancillary equipment such as conduit, ancillary cables, hand holes, vaults, and terminals. 30 Finally, Senate Bill 378 provides that, “[t]o the extent necessary, a local agency with jurisdiction to approve excavations shall adopt or amend existing policie s, ordinances, codes, or construction rules to allow for microtrenching” 31 pursuant to SB 378. The City should plan to approve excavation applications involving microtrenching as required by SB 378 .
COMPETITIVE ACCESS IN “MULTIPLE TENANT
ENVIRONMENTS”
The FCC has adopted new rules to promote competitive choices for those livin g or working in “multiple tenant environments” (MTEs), which include apartment buildings, condominiums, mobile home parks, public housing,
28 Government Code § 65964.5(b)(1).
29 Government Code § 65964.5(a)(3).
30 Government Code § 65964.5(a)(1).
31 Government Code § 65964.5(b)(3).