Agenda — Indio City Council, October 2, 2024 (part 2 of 3)

Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 128 of 414 SECTION 1. SCOPE OF THE COOPERATION TO BRING ADDITIONAL ELECTRICAL SERVICE AND

A GOLF COURSE PARKING LOT TO THE PROJECTS
a. As used herein, “the IID Project” shall mean the application, coordination and delivery of a 5MW extension line owned and operated by IID to the project sites, including The Greens as further described in Exhibit B to this Agreement.

SECTION 2. DEVELOPER RESPONSIBILITIES
a. The DEVELOPER has submitted an application to IID for the extension of electrical service to the project sites ( collectively, the "IID Project") as outlined in Exhibit B to this Agreement and IID has approved the IID Project to proceed subject to CITY paying to IID the required payment and completion by CITY of the trenching and other third-party surveying, monitoring and general contractor work required for the extension of the power line and related work
along Avenue 42 and Jackson Street as
described in Exhibit B and as otherwise required for the Project. DEVELOPER shall cause the golf course parking lot (“Parking Lot Project”) to be completed on or before April 1, 2025.
b. The DEVELOPER shall be responsible for the full costs associated with the expanded development of the golf course parking lot as shown on the Existing Plans with the understanding that necessary permits, if any, have been obtained. CITY shall not request any changes to the E xisting Plans that would increase the cost or cause any delay in completion of the Parking Lot Project.

SECTION 3. CITY RESPONSIBILITIES
a. The CITY shall be responsible for paying all costs related to the IID Project including the off-site IID work and for securing the additional electrical service that will benefit future CITY projects and developments, including The Greens. Exhibit B includes the work to be completed by CITY including the work along Avenue 42 and Jackson Street. CITY shall pay to IID when and as due the payment required for the Project. CITY shall contract for and proceed with the work described in Exhibit B on or before November 1, 2024, and cause the IID Project to be completed no later than April 1, 2025. b. The CITY shall participate in meetings and coordinate with the DEVELOPER and IID on the Project.

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ECTION 4. INDEMNITY
(a) DEVELOPER shall indemnify, defend and hold harmless CITY and each of the CITY’s officers, directors, employees, board members, attorneys and agents from and against any and all demands, claims or lawsuits (collectively, “Claims”) arising out of DEVELOPER’s activities regarding the IID Project and Parking Lot Project. (b) CITY shall indemnify, defend and hold harmless DEVELOPER and each of DEVELOPER’s officers, managers, members, lenders, directors, employees, board members, attorneys and agents from and against any and all Claims arising out of CITY’s role in the IID Project.

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ECTION 5. CONFIDENTIALITY

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 129 of 414 (a) Both parties agree to treat as confidential any proprietary or sensitive information related to the power procurement process, as may be allowed by law SECTION 6. DURATION OF AGREEMENT
(a) Effective Date. This Cooperati on Agreement shall become effective upon final approval by the Indio City Council and duly appointed representatives of Can Do LLC and execution by an authorized signatory by each Party.
(b) Duration. This Cooperation Agreement shall remain in effect from the Effective Date and end upon the final installation and construction of the electrical services facilities required by IID for the projects. and the DEVELOPER’s completion of the golf course parking lot, whichever occurs last.

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ECTION 7. TERMINATION OF AGREEMENT. If either DEVELOPER or CITY fails to perform any material obligation under this Agreement after written notice and a reasonable opportunity to cure , then, in addition to any other remedies, either DEVELOPER, or CITY may terminate this Agreement upon 5 days written notice.

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ECTION 8. DEFAULT.

In the event that DEVELOPER is in default under the terms of this Agreement, the CITY may give notice to DEVELOPER of the default and the reasons for the default. The notice shall include the timeframe in which DEVELOPER may cure the default. This timefr ame is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. Any failure on the part of the CITY to give notice of the DEVELOPER’s default shall not be deemed to result in a waiver of the CITY’s legal rights or any ri ghts arising out of any provision of this Agreement.

In the event that CITY is in default under the terms of this Agreement, the DEVELOPER may give notice to CITY of the default and the reasons for the default. The notice shall include the timeframe in which CITY may cure the default. This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. Any failure on the part of the DEVELOPER to give notice of the CITY ’s default shall not be deemed to result in a waiver of the DEVELOPER’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 9. INSURANCE.

Developer agrees to obtain and maintain and/or as applicable cause its general contractor to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Developer agrees to provide City with copies of required policies upon request. City shall be solely responsible for providing at its cost builder’s risk insurance, course of construction and completed operations coverage since such coverage must be obtained by the owner of the property in question.

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ECTION 10. EXCUSABLE DELAYS.

Neither the DEVELOPER nor the CITY shall be in default or liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of DEVELOPER or the CITY. Such causes include, but are not limited to, acts

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 130 of 414 of God, acts of the public enemy, acts of federal, state or local governments, acts of CITY or DEVELOPER, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The time for performance under this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 11. COOPERATION BY CITY.

Upon written request by DEVELOPER, a ll public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the Services shall be furnished to DEVELOPER in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. The City does not waive any rights it may have under the California Public Records Act, or any applicable law.

SECTION 12. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

TO: DEVELOPER

Dan Almquist

CAN DO LLC
31801 Paseo Adelanto
San Juan Capistrano, CA 92675
TO: CITY
City Manager
100 Civic Center Drive
Indio, California 92201

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 13. CITY TO EXECUTE.

The person or persons executing this Agreement on behalf of DEVELOPER represents and warrants that he/she/they has/have the CITY to so execute this Agreement and to bind DEVELOPER to the performance of its obligations hereunder.

SECTION 14. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative.

SECTION 15. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 16. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by DEVELOPER and by CITY. The City Manager shall have the CITY to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting CITY under the Indio Municipal Code. All other amendments shall be approved by the Board. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

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SECTION 17. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by CITY of any work or services by DEVELOPER shall not constitute a waiver of any of the provisions of this Agreement.

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ECTION 18. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

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ECTION 19. ATTORNEY’S FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 20. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between DEVELOPER and CITY prior to the execution of this Agreement.

No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

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ECTION 21. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

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ECTION 22. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Cooperation Agreement as of the Effective Date.

[SIGNATURE PAGE FOLLOWS]

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CITY OF INDIO

ATTEST:

CITY CLERK

By:

Sabdi Sanchez, CMC
City Clerk Administrator

APPROVED AS TO FORM: City

ATTORNEY

By:

Bryan H. Montgomery
City Manager

CAN DO LLC (DEVELOPER)

By:

Dan M. Almquist, Manager

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 133 of 414 Exhibit A
The Greens

EXHIBIT B

THE PROJECT

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 134 of 414

IID Off-site Improvements:

• Mainline Trenching - Avenue 42:
o Mainline Trench (3+ Party)
o Mainline Trench (IID & Comm)
o Mainline Trench (IID)
o Concrete Encasement (IID)
o Furnish and Install Electric Conduit – 6”
o Furnish and Install Electric Conduit – 5”
o Furnish and Install Electric Primary Switch Pad
o Furnish and Install Frontier Communications Conduit – 4” o Furnish and Install Frontier Communications Handhole (3’ x 5’) o Furnish and Install Charter Conduit – 2”

• Miscellaneous:
o Sawcut Concrete & Repair at Driveway/Entrance

• IID – Line Extension (Bring-up):
o Main/Distribution Bring-up on Avenue 42 (Primary – 3 Phase*)

EXHIBIT B (Cont.)

IID Final Design (Pt. 1):

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EXHIBIT B (Cont.)

IID Final Design (Pt. 2):

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EXHIBIT B (Cont.)

Jackson Street Power Poles:

• Work Description:
o Remove Wire and Two (2) Poles

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 137 of 414 o Confirmed Integrity of Existing Conduit Run with Mandrel  (Presence of IID’s Underground Inspector Required***) o Repair Damaged Conduit and Complete any Affiliated Improvements/Repairs as Required

EXHIBIT B (Cont.)

Jackson Street Power Poles Wiring Plan:

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 139 of 414 EXHIBIT “C”

INSURANCE
(A) INSURANCE REQUIREMENTS. Developer shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Developer, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Developer shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Developer shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Developer shall maintain and cause its general contractor to maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

A
UTOMOBILE LIABILITY INSURANCE. Developer shall cause its general contractor to maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Developer arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Developer represents and warrants that it does not have any owned, hired, non-owned or rented vehicles.

WORKERS’ COMPENSATION INSURANCE. Developer shall cause its general contractor to maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Developer shall cause its general contractor to submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Developer represents and warrants that it does not have any employees. Developer shall be required to comply with the foregoing requirements if and when Developer has employees.

(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City; provided, however, in the case of cancellation for nonpayment not less than ten (10) days written notice shall be required.
(C) O
THER REQUIREMENTS. Developer agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Developer furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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1. Upon request from the City, Developer shall furnish certificates and endorsements from each subcontractor identical to those Developer provides.

2. Any deductibles or self-insured retentions in excess of $10,000 must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Developer shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Developer’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Developer shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Developer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Developer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 141 of 414 Frontier Real Estate Inv. (Almquist Dev.) Prepared By: Morrow Management The Greens at Indio Date:

Revision: 3
A. MAINLINE TRENCHING - AVENUE 42 & JACKSON STREET
1 580 LF 32.00 18,560
2 240 LF 28.00 6,720
3 2,380 LF 26.00 61,880
4 3,200 LF 34.00 108,800
5 18,545 LF 23.70 439,517
6 3,320 LF 18.90 62,748
7 3 EA 14,000 42,000
8 820 LF 12.00 9,840
9 Furnish and Install Frontier Handhole (2'x3') 1 EA 1,250 1,250 10 Furnish and Install Charter Conduit - 2" 580 LF 8.00 4,640 B. MISC.
11 Sawcut Concrete & Repair at Driveway/Entrances 400 LF 100 40,000 SUBTOTAL - CONTRACTOR CHARGES (AVENUE 42) 795,955
C. MAINLINE TRENCHING - ON-SITE
12 610 LF 32.00 19,520
13 995 LF 26.00 25,870
14 100 LF 26.00 2,600
15 Mainline Trench (Gas only) 125 LF 26.00 3,250 16 1,605 LF 34.00 54,570
17 3,120 LF 23.70 73,944
18 3,700 LF 18.90 69,930
19 1 EA 14,000 14,000
20 2 EA 13,500 27,000
21 2 EA 11,700 23,400
22 3 EA 1,900 5,700
23 630 LF 10.00 6,300
24 Furnish and Install Frontier Handhole (3'x5') 1 EA 1,450 1,450 25 Furnish and Install Frontier Handhole (2'x3') 2 EA 1,250 2,500 26 Furnish and Install Charter Conduit - 2" 630 LF 8.00 5,040 SUBTOTAL - CONTRACTOR CHARGES (ON-SITE) 335,074
ESTIMATED TOTAL - CONTRACTOR CHARGES 1,131,029
1 1 LS 1,033,298
2 1 LS TBD
3 1 LS 67,500
1,033,298
4 410 LF 40 16,400
1,049,698
Mainline Trench (IID & Comm)
Furnish and Install Frontier Conduit - 2"

ESTIMATED UTILITY FEES
A. IID - LINE EXTENSION (Bring-up & On-site)
Main / Distribution Bring-up on Ave 42 (Primary - 3 Ph)* Main / Distribution On-Site (Primary - 3 Phase)*
Service / Distribution (Primary - 3 Phase)*
Mainline Trench (IID)
Mainline Trench (Communication)
Concrete Encasement (IID)
Furnish and Install Electric Conduit - 5"
Furnish and Install Electric Transformer

SUBTOTAL - ELECTRIC FEES / DEPOSITS
B. SOUTHERN CALIFORNIA GAS COMPANY
Line Extension

ESTIMATED TOTAL - UTILITY FEES
Mainline Trench (3+ Party)
Furnish and Install Electric Conduit - 6"
Furnish and Install Electric Primary Switch Pad
Furnish and Install Electric Large Vault
Furnish and Install Electric Medium Vault
Mainline Trench (IID)
Concrete Encasement (IID)
Furnish and Install Electric Conduit - 6"
Furnish and Install Electric Primary Switch Pad
Furnish and Install Frontier Conduit - 4"
Furnish and Install Electric Conduit - 5"
Mainline Trench (3+ Party)

DRY UTILITY OPINION OF COSTS

EXHIBIT A - BREAKDOWN OF ESTIMATED COSTS / FEES
Off-Site Bring up & On-Site Distribution
Developer:

Project: 08/30/24
Type: Three (3) Restaurant Pads (Bldgs. 2-4)

ESTIMATED CONTRACTOR CHARGES
1

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 142 of 414 Frontier Real Estate Inv. (Almquist Dev.) Prepared By: Morrow Management The Greens at Indio Date:

Revision: 3

DRY UTILITY OPINION OF COSTS

EXHIBIT A - BREAKDOWN OF ESTIMATED COSTS / FEES
Off-Site Bring up & On-Site Distribution
Developer:

Project: 08/30/24
Type: Three (3) Restaurant Pads (Bldgs. 2-4)

ESTIMATED UTILITY REFUNDS
-
-
-
-
-
2,180,727
*NOTES:

Estimate Costs: Are based upon the revised IID preliminary design received on 7/26/24 from IID.

Contractor Charges: Are based upon a local trenching contractor that is experienced with IID.

Mainline Trench price includes sand base and shade.

Private Street Lights to be installed by Developer.

IID Fees: Are based upon estimated information provided by Carlos Puente, IID Project Development Planner Sr.

Line Item A.1 - The Bring-up cost is a high level cost estimate from IID. The cost is for extending a new circuit of 3-750 MCM cable out of the Shadow Hill Sub-station along Avenue 42 to Jackson Street.

Line Item A.2 - The On-Site cost is from vault to vault (non-service).

Line Item A.3 - Service cost from vault to transformer to switchgear as shown on their pricing sheet. Minus approximate estimate of the meter set cost.

B. SOUTHERN CALIFORNIA GAS COMPANY
C. COMMUNICATIONS (FRONTIER)
D. COMMUNICATIONS (CHARTER/SPECTRUM)

ESTIMATED TOTAL - UTILITY REFUNDS

ESTIMATED TOTAL
A. IID
2

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order... Page 143 of 414 AMOUNTDUE:$234,810.56
PROJECTDESCRIPTION:REMOVEWIREAND2POLES
I'— DESCRIPTION COSTLABOR $ 99,188.30MATERIAL $ 68,310.74TRANSPORTATION$ 7,526.20G&A $ 45,228.12T&BCityPermit $ 8,317.26EnginneringFee $ 6,239.94 TOTALAMOUNTDUE $ 234,810.56
THISESTIMATEISSUBJECTTOREVIEWIFIIDCONSTRUCTIONISNOTSCHEDULEDTOPERFORMWORKWITHINTHESIXMONTHTIMEFRAME. 81600A VENUE58LAQUINTA,CA92253,PHONE:(760)398-5841
PownnmnmxAnm-«m
BUSINESSPARTNER#3502138CANDO,LLCDANALMQUISTMEMBER31791LOSRIOSSTSANJUANCAPISTRANOCA9267 DATE:September12,2024SERVICENOTIFICATION
#4034727PROJECTLOCATION:JACKSONST&42N/ECORNERINDIOCA92203

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Approval of a Cooperation Agreement with Can Do, LLC, for a change order...Page 144 of 414 City of Indio
City Council
October 2, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Membership to the U.S. Green Building Council and Professional Services Agreement with SBM Management Services, LP for zero waste consulting services in an amount not-to-exceed $99,530.

RECOMMENDATION:

Approve a membership to the U.S. Green Building Council and award a Professional Services Agreement for $99,530 not-to-exceed amount an Services LP, Management SBM with in membership and zero waste consultant services and authorize the City Manager to execute the Agreement.

SUMMARY:

The Sustainability Commission recommends allocating $99,530 of AB939 funds to support five commercial facilities to become TRUE zero waste certification, which is administered by the U.S.

Green Building Council; these funds will also cover the City’s membership in the U.S. Green Building Council and provide SBM Management Services. L.P. with support for the local facilities for six months.

BACKGROUND INFORMATION:

On October 4, 2023, the City Council approved the FY 23/24 Sustainability Work Plan. The plan included zero waste initiatives that could support waste reduction in commercial facilities that have recently complied with new waste regulations such as SB 1383. While “Zero Waste” not yet exists, however, there are programs that certify zero waste facilities that show an 80-90 percent reduction in waste. The Sustainability Commission has worked with the U. S. Green Building Council (USGBC) and met with various TRUE zero waste certified facilities to bring forward a project in Indio.

The TRUE zero waste certification program is administered by the USGBC, which also administers the LEED (Leadership in Energy and Environmental Design) certification program. The USGBC gives this certification credibility and longevity. In addition, the TRUE certification is not waste management but material management that starts upstream, includes operations and then looks downstream at recycling and composting options. TRUE focuses on making a business case for zero waste. Certification requires a mix of policy and actions and achieve a 90 percent overall diversion from the landfill.

TRUE Zero waste certification requirements include waste audits and detailed record keeping. Lack of facility staff time could create a substantial barrier to reaching TRUE certification. A zero waste AGENDA ITEM #11.11
Membership to the U.S. Green Building Council and Professional Services ... Page 145 of 414 consultant would alleviate some staff time and provide expert knowledge on the process and guide commercial facilities to certification. On March 20, 2024, the city released an RFP for Zero Waste Consultant Waste Services to support five commercial facilities toward TRUE zero waste for a six- month period. Two proposals were received from SBM Management Services, LP and All About Waste, LLC. During the vetting process, All About Waste withdrew their proposal. SBM was the lowest cost bid of the two at $98,030 for six months and $31,740 for any additional three-month terms. On August 26, 2024, SBM gave a presentation to the Sustainability Commission and the Commission approved a recommendation to City Council to approve a professional services agreement to SBM Management Services for zero waste consulting services. The costs associated is the Membership cost of $1,500 and the Professional Services Agreement with SBM Management Services, LP cost of $98,030 for a total amount of $99,530.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$98,530 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: AB939 Fund-Org-Object
Reference:
217

Additional Financial Details:

The City collects AB939 funds that can be used to divert waste from landfills and includes waste reduction. This project would be funded from the City’s AB939 funds and would not affect the General Fund. The USGBC allows discounted rates for USGBC members and has allowed parent companies to become a member and then use that membership to certify satellite operations.

Similarly, if the City becomes a member, the USGBC has offered to allow some of the city commercial under membership. City the pricing facilities use to participate who member Membership cost is $1,500 per year.

ATTACHMENTS:

Attachment 1 - PSA Zero Waste SBM

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 26 Sep 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 27 Sep 2024 Ruby D. Walla, Director of Finance Approved - 27 Sep 2024 Bryan H. Montgomery, City Manager Approved - 27 Sep 2024

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IND-PSA SBM MANAGEMETN SERVICES, LP

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION

AND

SBM MANAGEMENT SERVICES LLC

Form Approved 09/01/2022

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IND-PSA SBM MANAGEMETN SERVICES, LP

PROFESSIONAL SERVICES AGREEMENT

FOR ZERO WASTE CONSULTING SERVICES
BETWEEN THE CITY OF INDIO AND SBM Management Services, LP

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 2 nd day of October 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and SBM Management Services, LP (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by Request for Proposals the performance of zero waste consulting services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is 6 months from completed contract documents, unless otherwise extended by written agreement of the Parties.

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IND-PSA SBM MANAGEMETN SERVICES, LP

(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on by two 3 -month terms following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.

(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Se ction 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this

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Agreement by this reference. The total compensation, including reimbursement for actual expenses, not-to-exceed Ninety-eight thousand Thirty dollars ($98,030), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.

(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice.

(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.”

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SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original ma ps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, s tudies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and

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shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials.

For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manual s, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matte rs and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s

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address indicated for receipt of notices, “Section 24,” of this Agreement.

(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by

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persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the gene ral standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where t here is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with al l such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following

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services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work perform ed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City, or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware

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of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

(b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other disco very request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with

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the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services b y Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

(b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is bind ing on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

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Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so, approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or i n equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.

(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.

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(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the p eriod of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part

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of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.

The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201

To Consultant: SBM Management Services LP
Attn: Sue Beets-Atkinson
Global VP of Sustainability
5241 Arnold Avenue
McClellan, CA 95652

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SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and t hat any attempted waiver shall be void.

SECTION 29. WAIVER.

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this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. INCORPORATION AND CONFLICTING TERMS.

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(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents.

In the event of a co nflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 35. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

[SIGNATURE PAGE FOLLOWS]

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR ZERO WASTE CONSULTING SERVICES
BETWEEN THE CITY OF INDIO AND SBM Management Services, LP

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO

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___________________________
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven Graham

CONSULTANT
By:

Its:

EXHIBIT “A”

SCOPE OF SERVICES
Zero Waste Consultant Scope of Services
I. General

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Consultant is expected to provide support to commercial facilities that volunteer to become TRUE Zero Waste certified from the initial decision to achieve the certification through the submittal of all documents necessary to achieve certification. Standard certification is the goal, however, higher certification levels: Silver, Gold and Platinum may also be supported if the facility requests. Support includes but is not limited to assessment, planning, implementation, monitoring, reporting, engagement, and training.

The role of the consultant is to support the facility while still fostering facility staff and leadership to engage in the process so the facility can ultimately maintain the certification in-house.

II. Minimum Requirements
TRUE certification includes seven policies and practices that are required for a project to earn and maintain TRUE certification:
• Company or project seeking certification has a zero-waste policy in place. • Project has achieved an average 90% or greater overall diversion from landfill, incineration (WTE), and the environment for solid, non-hazardous wastes (referred to as “materials” herein) for the most recent 12 months. Diverted materials are reduced, reused, recycled, composted and/or recovered for productive use in nature or the economy. • Project meets all federal, state/provincial and local solid waste and recycling laws and regulations. Project complies with all air, water and land discharge permits required for collection, handling or processing of materials.
• Project has data documenting a base year of waste diversion data, and measurements since the base year that adjust for changes in size, type and nature of business. • Project does not exceed a 10% contamination level for any materials that leave the site. • Project submits 12 months of waste diversion data to GBCI annually to keep the certification current.
• Company submits a case study of zero waste initiatives.

Consultant will support the facility to achieve the minimum requirements.

III. Planning and Implementation
Support planning and implementation of actions within facilities that earn credits in the TRUE Zero Waste categories: Redesign, Reduce, Reuse, Compost, Recycle, zero Waste

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Reporting Diversion, Zero Waste Purchasing, Leadership, Training, Zero Waste Analysis, Upstream Management, Hazardous Waste Prevention, Closed Loop System and Innovation. Each facility will be unique, and the credits will have to be planned and implemented to best fit each facility.

IV. Monitoring and reporting
Collect information and documents, perform analyses, perform waste audits, complete narratives in the application form, take photos, and prepare new documentation demonstrating the achievements for the selected credits. Support all necessary actions to Complete a TRUE application form including base year measurements, case study and all documentation for certification review by GBCI.

V. Training and Engagement
Consultant must also provide training and engage with facility leadership and staff. Facility staff must at least have the knowledge to continue the zero waste programs and renew certifications.

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Exhibit “B”
Compensation

City of Indio - Zero Waste Consultant
Services
Detailed Cost Proposal
Total Project Cost (6-month term) $ 98,030.00
Project Kick-Off Total $ 38,710.00
Project Kick-Off (Planning and Coordination)
$
3,100.00
Project Kick-Off (On-Site Meetings + Workshops + Initial Site Visits)
$
26,350.00
Project Kick-Off (Projected Travel Expenses)
$
9,260.00
Project Kick-Off on-site and travel includes the five (5) core SBM project team members, for four (4) full days on-site, with five (5) night’s stay. Travel costs are estimated. Travel time is not charged.

Project Support Total $ 42,320.00
Facility Support (five facilities, four months)
$
15,000.00
Monthly support per facility (one facility, per month) $ 750.00 Months 2 through 5. Project Support total assumes 5 facilities. Monthly support includes TRUE Credit Evaluation, Data Tracking and Analysis, Documentation Gathering, New Program Implementation. Does not include first month kick-off, which is included in project kick-off. Does not include last month as assumes GBCI/TRUE submission support for month 6.

In-person support (four months)
$
27,320.00
Monthly on-site visit for in-person support (Time) $ 4,800.00 Monthly on-site visit, each visit (Projected Travel Expenses) $ 2,030.00 Months 2 through 5. Includes two (2) SBM project team members for two (2) days. Includes estimated travel expenses for two (2) full days on-site with two (2) night’s stay. Includes waste audits, site evaluations, facility meetings, engagement and training. Does not include first month kick-off, which is included in project kick-off. Does not include last month as assumes GBCI/TRUE submission support for month 6. Price covers work with all active facilities.

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GBCI Coordination and Support Total $ 10,500.00 GBCI Support per facility
$
2,100.00
Month 6. GBCI Coordination and support assumes 5 facilities will pursue and achieve TRUE certification under this SOW. GBCI Coordination and Support includes registering the project on behalf of the facility, final documentation review, upload and submittal, additional GBCI correspondence, and case study.

Does NOT include any registration or certification fees due to GBCI. All TRUE project registration and certification fees shall be paid directly to GBCI by the facility. Delayed payments to GBCI by the facility will delay this process.

Administrative and Correspondence $ 6,500.00 Time for administrative and correspondence with the core project team, including monthly project status meetings with the City for 5 months (not including kick-off planning time).

Hourly Rates
Project Oversight - Sue Beets-Atkinson $200 per hour
Project Manager - Amy Marpman $175 per hour
Project Lead - Sydney Lemke-Rogers $150 per hour
Project Support - Meaghan Handwerker $125 per hour
Project Support - Elyssa Pergola $125 per hour

Additional 3-month term (each 3-month term) $ 31,740.00 Project Support, per facility, per month
$
750.00
Site Visit (Time + Travel), per month
$
6,830.00
Anticipated work for beyond initial 6-month term includes on-going monthly Project Support for active facilities and one-site visit per month. Assumes 5 facilities.

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ADDENDUM “1”

INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liabilit y that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

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UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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4. Coverage provided by Consultant shall be primary and any insurance or self- insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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City Council
October 2, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Accept the Federal Funding Account Last Mile Fiber Grant in the Amount of $8,944,468.10

RECOMMENDATION:

Approve the acceptance of the Federal Funding Account Last Mile Fiber Grant administered by the California Public Utilities Commission in the amount of $8.944,468.10, authorize the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio, and direct the Finance Department to adjust appropriations and estimated revenues as reflected in the financial details section of this staff report.

SUMMARY:

The City has been awarded $8,944,468.10 in federal funding through the California Public Utilities Commission to implement a last-mile fiber installation to under and unserved areas in Indio. This grant areas, unserved and underserved to internet high-speed expanding supports access improving digital equity and connectivity for our community. Approval is required to officially accept the grant and authorize the Finance Department to make the required budget amendments to integrate the grant into the City's fiscal plan.

BACKGROUND INFORMATION:

In August of 2021, the City Council approved the professional services agreement between the City of Indio and Magellan Advisors for a Fiber Master Plan. The plan was completed and accepted by the City Council in August of 2022. In November of 2022, the City of Indio was awarded a Local Agency Technical Assistance Grant from the California Public Utilities Commission (CPUC) for the design of last mile fiber within the City of Indio. In January of 2023, the City Council approved the professional services agreement with Magellan Advisors for the last mile design. While working with Magellan the CPUC announced the Federal Funding Account Grants for last mile fiber construction.

In September of 2023, the City of Indio applied for an $8,944,468.10 Federal Funding Account grant administered by the CPUC to build last mile fiber to underserved and unserved areas in Indio as defined by the CPUC. In June of 2024, the CPUC staff recommended the granting of the full grant amount requested. The CPUC board approved the grant in August of 2024. Please see attachment A for the CPUC Resolution T-17833 for the grant award and attachment B the CPUC press release for the City of Indio Award.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$8,944,468.10 In current year budget: No
AGENDA ITEM #11.12
Accept the Federal Funding Account Last Mile Fiber Grant in the Amount o... Page 173 of 414 Current FY General
Fund Impact:

Budget adjustment: Yes
Next FY Financial
Impact:

Strategic Objective: Community Infrastructure
Source of funds: CPUC - FFA Grant Fund-Org-Object
Reference:

Multiple

Additional Financial Details:

Increase appropriations:
602-521084 $8,944,468.10

Increase estimated revenue:
101-402135 $8,944,468.10

ATTACHMENTS:

Attachment 1 - 538786002
Attachment B - 538693632

APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 24 Sep 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 25 Sep 2024 Ruby D. Walla, Director of Finance Approved - 26 Sep 2024 Bryan H. Montgomery, City Manager Pending
Jonathan Nicks, Assistant City Manager Pending

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538786002 1

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Communications Division RESOLUTION T-17833
Broadband Regional Initiatives Branch August 22, 2024

R E S O L U T I O N

RESOLUTION T-17833: Approves ten applications for grants for up to $95,172,296, from the Last Mile Federal Funding Account in Alpine, Modoc, Riverside, Santa Barbara, and Tulare counties, providing service to 13,585 unserved locations.

I. SUMMARY

This Resolution recommends approval of ten Last Mile Federal Funding Account grants in the amount of up to $95,172,296.

This Resolution is the third in a series of Resolutions approving grants to Federal Funding Account applicants for broadband infrastructure projects serving unserved areas in California. Subsequent Resolutions will be presented for Commission vote as Communications Division Staff completes its analyses of applications.

The ten projects in this Resolution propose to make investments bringing the social, economic, civic, and public safety benefits of high-speed broadband to 13,585 unserved locations and an estimated unserved population of 55,740 in Alpine, Modoc, Riverside, Santa Barbara, and Tulare counties. An estimated total population of 92,774 people will benefit from these investments as households and businesses that already have service in these communities will benefit from greater customer choice in the broadband market. The last-mile connections funded by these grants build upon the state-owned open-access Middle-Mile Broadband Initiative. An estimated 79 percent of the locations that would receive service are located in low-income areas and 75 percent are located in disadvantaged areas.

Staff recommends grant awards to eight entities (listed in the order in which they appear in this Resolution): Golden State Connect Authority (GSCA), the Fort Bidwell Indian Community, AT&T, Frontier, the City of Indio, the Santa Ynez Band of Chumash Indians, VARCOMM Broadband Incorporated, and Comcast.

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2 Golden State Connect Authority is a Joint Powers Authority formed by member counties, including Alpine. The Fort Bidwell Indian Community is a sovereign Tribal nation and the Fort Bidwell Reservation is located in Modoc County. The City of Indio is an incorporated city located in Riverside County. The Santa Ynez Band of Chumash Indians is a sovereign Tribal nation and the Santa Ynez Reservation is located in Santa Barbara County. AT&T and Frontier are incumbent telecommunication companies offering service throughout California. Comcast is an incumbent cable company offering service throughout California. VARCOMM Broadband Incorporated is an Internet Service Provider affiliate of Ducor Telephone Company, an independent incumbent telecommunications company serving parts of Tulare, Tehama, and Kern Counties.

Staff recommends the following ten grant applications for Commission approval as shown in Table 1 below. Maps and summaries associated with each project are in the appendices.

Table 1: Summary of Grant Funding

Applicant Project Name
Estimated
Unserved
Locations
Estimated
Unserved
Units
Estimated
Unserved
Population
Estimated
Benefitting
Population
Awarded
Amount
Alpine
Golden State
Connect
Authority
GSCA Alpine
County
Broadband
Network
718 885 672 692 $6,985,978
Subtotal 718 885 672 692 $6,985,978

Modoc
Fort Bidwell
Indian
Community
Fort Bidwell
Indian
Community
Fiber-to-the-
Home
451 625 974 1,057 $23,900,190
Subtotal 451 625 974 1,057 $23,900,190

Riverside
AT&T Riverside - 1 2,456 3,172 9,774 27,989 $11,580,196

AT&T RIVERSIDE –
PSA
247 1,090 2,513 11,308 $156,949
Frontier Riverside 1 900 1,050 4,182 4,253 $2,008,124

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3 City of Indio City of Indio
Last Mile
Infrastructure
Project
498 884 2,692 5,242 $8,944,468
Subtotal 4,101 6,196 19,161 48,792 $22,945,538

Santa Barbara
Santa Ynez
Band of
Chumash
Indians
Chumash
Fiber Network
193 186 409 853 $4,707,693
Subtotal 193 186 409 853 $4,707,693

Tulare
VARCOMM Terra Bella 1,312 1,604 5,524 5,827 $10,055,847 Comcast Tulare
Agriculture
County
6,775 7,908 28,902 34,887 $26,577,050
Subtotal 8,087 9,512 34,426 40,714 $36,632,897

Multiple Counties
AT&T Riverside/San
Bernardino – 1
35 55 98 666 $255,801
Subtotal 35 55 98 666 $255,801
Grand Total 13,585 17,459 55,740 92,774 $95,172,296

II. BACKGROUND

California’s multi-year broadband investment package established the last mile Federal Funding Account as part of the Budget Act of 2021 and Senate Bill 1561 and invested $2 billion in the program over multiple years. The Federal Funding Account funds the construction of last-mile broadband infrastructure projects in unserved areas of California. The Federal Funding Account encourages the deployment of broadband throughout the State to enable the public to access Internet-based safety applications, telehealth services, emergency services, and to allow first responders to communicate with each other and collaborate during emergencies.

On April 21, 2022, the Commission issued D.22-04-055, Decision Adopting Federal Funding Account Rules. The rules and guidelines adopted in that decision included, among other items, the following: rules about projects to benefit Environmental and Social Justice Communities, affordable offers, five and ten-year price commitments,

1 Statute 2021, Chapters 84 and 112.

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4 low-cost plans, project eligibility, application requirements, application objections, implementation of Public Utilities Code section 281(n) allocating funding between “rural counties” and “urban counties,” a process to reimburse grantees, a ministerial review process whereby Communications Division Staff may approve certain projects, and minimum performance standards for grantees.

The Federal Funding Account Decision 22-04-055 includes requirements and preference for a number of affordability requirements including:
• Participation in the Affordable Connectivity Program or access to a “broad-based affordability program.” Given that the Affordable Connectivity Program has lapsed grantees must participate in a successor program when identified by the Commission.
• A five-year price commitment, and preference for a ten-year commitment. • Preference for a low-cost plan that is $40/month or less and provides speeds of at least 50 Mbps down and 20 Mbps up.
• Preference for participation in the California and/or federal Lifeline programs (which may include bundled voice and broadband offerings).

Applications that committed to provide voice service and participate in LifeLine must, consistent with the requirement to serve customers in the project area at prices not exceeding those in the application for five years after project completion, must provide voice service and participate in LifeLine for five years after project completion.

The Federal Funding Account Decision and Appendix specify additional consideration for disadvantaged communities or Environmental and Social Justice communities.2 The CPUC made available on the Federal Funding Account Public Map,3 the Applicant

2 The CPUC Environmental and Social Justice Action plan includes definitions and data indicators for disadvantaged or Environmental and Social Justice communities including Disadvantaged Communities defined by the California Environmental Protection Agency (CalEPA) and low-income households defined as household incomes below 80 percent of the area median income. The CPUC’s Environmental and Social Justice Action Plan 2.0 is available at: https://www.cpuc.ca.gov/-/media/cpuc- website/divisions/news-and-outreach/documents/news-office/key-issues/esj/esj-action-plan-v2jw.pdf 3 The Federal Funding Account Public Map is available at: https://federalfundingaccountmap.vetro.io/

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5 Tool,4 and data downloads locations and census blocks meeting these definitions.5 A grant application window was opened on June 30, 2023, and closed at 4 p.m. on September 29, 2023; 484 applications were submitted. Application summaries were posted on October 23, 2023, and a 28-day objection period closed on November 20, 2023. Responses to objections were received until December 20, 2023.

Applications were holistically evaluated; required and supporting documentation and the merits of the applications were compared, and assessed, on a county basis.

Following an initial analysis, Staff sent a data request to applicants and requested additional information. Staff’s holistic evaluation included project engineering, technical feasibility and design, financial viability, cost, applicant capacity, and community need, among other factors. Staff assessed how to manage overlapping applications and applications planning to include some already-served areas in their project area.6

Staff also evaluated how applications and groups of applications compared to competing applications in the same county.

III. APPLICATION SUMMARIES, DISCUSSION, AND RECOMMENDATIONS

Alpine County Summary

The allocation for projects in Alpine County in D. 22-04-005 is $6,989,054. This Resolution recommends awarding one grant to Golden State Connect Authority for a project in Alpine County. The recommended grant amount is $6,985,978, which leaves a remainder of $3,076 of the allocation in Alpine County.

4 Registration for the Federal Funding Account Applicant Tool is available at: FFA Applicant Tool Registration
5 Disadvantaged or Environmental and Social Justice communities and individual locations, for purposes of the Federal Funding Account, include those in Disadvantaged Communities census tracts as defined by CalEPA and low-income areas in which the census block group median household income is less than or equal to 80 percent of the higher of the county or state average. This data is available for download on the Federal Funding Account Public Map page (visited June 13, 2024), https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/broadband-implementation-for- california/last-mile-federal-funding-account/ffa-public-map and the Federal Funding Account Application Resources Page (visited June 13, 2024), https://www.cpuc.ca.gov/industries-and- topics/internet-and-phone/broadband-implementation-for-california/last-mile-federal-funding- account/ffa-application-resources-page .
6 D.22-04-055 states that “households and businesses with an identified need for additional broadband infrastructure do not have to be the only ones in the service area served by an eligible broadband infrastructure project. Indeed, serving these households and businesses may require a holistic approach that provides service to a wider area, for example, in order to make ongoing service of certain households or businesses within the service area economical.”

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6 Alpine County Awards

1. Golden State Connect Authority, GSCA Alpine County Broadband Network

Staff recommends the Commission approve Golden State Connect Authority’s application for a grant of up to $6,985,978 for the GSCA Alpine County Broadband Network.

The GSCA Alpine County Broadband Network proposes to serve 718 unserved locations based on a March 2024 supplemental application filing. There are approximately 885 unserved units in the project area, including 83 unserved Multiple Dwelling Unit locations representing an estimated 271 unserved units. An estimated unserved population of 672 would be offered service. An estimated total population of 692 will benefit from these investments in unincorporated Alpine County. The last-mile fiber project will provide up to 10 gigabits per second symmetrical service to consumers. Golden State Connect Authority has committed to maintaining its prices for at least ten years.

Golden State Connect Authority will deploy approximately 37 miles of open access fiber infrastructure; 100 percent of the fiber will be underground.

The proposed project will cost an estimated $10.7 million, of which the Federal Funding Account will fund approximately 65 percent of costs. Golden State Connect Authority plans to issue tax-exempt bonds to fund the balance.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application did not receive any objections.

No Federal Funding Account Public Map comments were submitted in Alpine County.7 The GSCA Alpine County project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to this data, the number of unserved locations is unchanged at 718, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering

7 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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7 and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

Alpine County Administrative Officer Nichole S. Williamson submitted a letter of support for this project.

The proposed project will provide the public safety benefits of reliable broadband infrastructure. This project is located in a High Fire Threat District 2 and presents no safety concerns. This project will connect to the open-access Middle-Mile Broadband Initiative.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of California Environmental Quality Act (CEQA) categorial exemption at this time. Golden State Connect Authority must comply with the CEQA requirements discussed in the appendices. If Golden State Connect Authority provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

Golden State Connect Authority and the GSCA Alpine County Broadband Network comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve Golden State Connect Authority’s application for a grant of up to $6,985,978 for the GSCA Alpine County Broadband Network.

Modoc County Summary

The allocation for projects in Modoc County in D. 22-04-005 is $23,931,241. This Resolution recommends awarding one grant to Fort Bidwell Indian Community for a project in Modoc County. The recommended grant amount for projects in Modoc County is $23,900,190, which leaves a remainder of $31,051 of the allocation for Modoc County.

Modoc County Awards

1. Fort Bidwell Indian Community, Fort Bidwell Indian Community Fiber-To-The-Home

Staff recommends the Commission approve Fort Bidwell Indian Community’s application for a grant of up to $23,900,190 for the Fort Bidwell Indian Community Fiber-To-The-Home project.

The Fort Bidwell Indian Community Fiber-To-The-Home project proposes to serve an estimated 603 unserved locations based on a May 2024 supplemental application filing.

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8 There are approximately 625 unserved units in the project area, including 20 unserved Multiple Dwelling Unit locations representing an estimated 42 unserved units. An estimated unserved population of 974 would be offered service. An estimated total population of 1,057 will benefit from these investments in and around the Fort Bidwell Indian Community. The last-mile fiber project will provide up to 1,000 megabits per second symmetrical service to consumers.

Fort Bidwell Indian Community’s original application requested approximately $85.9 million, which exceeded Modoc County’s allocation. Fort Bidwell Indian Community subsequently modified its application in January and May 2024, reducing the project area, middle mile infrastructure, and funding request.

The Fort Bidwell Indian Community Fiber-To-The-Home project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are low-income. This project provides service to locations on Tribal lands. The Fort Bidwell Indian Community will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3.

The proposed project will cost an estimated $24.6 million, of which the Federal Funding Account will fund 97 percent of costs.

This application did not receive any objections.

No Federal Funding Account Public Map comments were submitted in Modoc County.8 The Fort Bidwell Indian Community Fiber-To-The-Home project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to this data, the number of unserved locations is unchanged at 603, the project area is reduced to 251 square miles, and the total grant amount is reduced to $23,900,190. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

8 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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9 The following submitted letters of support for this application: President of the Fort Bidwell Indian Community Tribal Council Germain Ruvalcaba, Modoc County Administrative Officer Chester Robertson, and Modoc Harvest.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in a High Fire Threat District 2. This project will connect to the open-access Middle-Mile Broadband Initiative. The project includes $8,899,091 to deploy approximately 9 miles of open-access middle-mile fiber and backhaul fiber, and to connect to the Middle Mile Broadband Initiative.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. Fort Bidwell Indian Community must comply with the CEQA requirements discussed in the appendices. If Fort Bidwell Indian Community provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

Fort Bidwell Indian Community and the Fort Bidwell Indian Community Fiber-To-The-Home project comply with all requirements for approval in D. 22-04-055.

The Communications Division recommends that the Commission approve Fort Bidwell Indian Community’s application for a grant of up to $23,900,190 for the Fort Bidwell Indian Community Fiber-To-The-Home project.

Riverside County Summary

The allocation for projects in Riverside County in D. 22-04-005 is $50,635,154. This Resolution recommends awarding four grants for projects exclusively in Riverside County: two grants to AT&T, one grant to Frontier, and one grant to the City of Indio.

This Resolution also recommends awarding one grant to AT&T for a project in Riverside and San Bernardino Counties. The recommended grant amount for projects exclusively in Riverside County is $22,689,737, and the recommended grant amount for multi-county project locations in Riverside County is $190,211, which leaves a remainder of $27,755,206 of the allocation for Riverside County.

Riverside County Awards

1. AT&T, Riverside – 1

Staff recommends the Commission approve AT&T’s application for a grant of up to $11,580,196 for the Riverside – 1 project.

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10 The Riverside – 1 project proposes to serve an estimated 2,456 unserved locations based on a March 2024 supplemental application filing. There are approximately 3,172 unserved units in the project area, including 455 unserved Multiple Dwelling Unit locations representing an estimated 1,235 unserved units. An estimated unserved population of 9,774 would be offered service. An estimated total population of 27,989 will benefit from these investments in Riverside County. The last-mile fiber project will provide up to 5,000 megabits per second symmetrical service to consumers.

The Riverside – 1 project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are in disadvantaged communities.

The proposed project will cost an estimated $23.2 million, of which the Federal Funding Account will fund 50 percent of costs.

This application received two objections and AT&T responded to the two objections.

Staff verified that the application seeks funding only for unserved locations within the project area and that partial funding for fixed infrastructure through served areas is necessary to reach the unserved locations. Staff has not modified AT&T’s proposed project area; the Federal Final Rule9 and D.22-04-055 10 allow projects serving unserved locations to include served locations to make the project viable.

Two Federal Funding Account Public Map comments were submitted in Riverside County.11 The AT&T Riverside – 1 project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 2,456, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

9 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-local- fiscal-recovery-funds.
10 D.22-04-055, Appendix A, Section 2, p. A-5.
11 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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11 The following submitted letters of support for this application: City of Jurupa Valley Mayor Chris Barajas and City of Jurupa Valley City Council Members Leslie Altamirano, Brian Berkson, and Armando Carmona; City of Corona Mayor Tony Daddario; the Riverside County Director of Broadband Services; the Southern California Association of Governments; the Inland Empire Regional Broadband Consortium; the High Desert Community Foundation; the City of Riverside City Manager; the City of Eastvale City Manager; the California State University (CSU) San Bernardino Vice President and Chief Financial Officer; and the Highland Congregational Church Moderator.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat Districts 2 and 3.

This project will use AT&T’s infrastructure for middle-mile access.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. AT&T must comply with the CEQA requirements discussed in the appendices.

If AT&T provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

AT&T and the Riverside – 1 project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve AT&T’s application for a grant of up to $11,580,196 for the Riverside – 1 project.

2. AT&T, Riverside – PSA

Staff recommends the Commission approve AT&T’s application for a grant of up to $156,949 for the Riverside – PSA project.

The Riverside – PSA proposes to serve an estimated 247 unserved locations based on a March 2024 supplemental application filing. There are approximately 1,090 unserved units in the project area, including 162 unserved Multiple Dwelling Unit locations representing an estimated 1,026 unserved units. An estimated unserved population of 2,513 would be offered service. An estimated total population of 11,308 will benefit from these investments in in and around the communities of Corona, Jurupa Valley, and Riverside. The last-mile fiber project will provide up to 5,000 megabits per second symmetrical service to consumers.

The Riverside – PSA project will benefit disadvantaged or Environmental and Social Justice communities; 74 percent of the unserved locations are disadvantaged.

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12 The proposed project will cost an estimated $300,000, of which the Federal Funding Account will fund 50 percent of costs.

This application received one objection and AT&T responded to the objection. Staff verified that the application seeks funding only for unserved locations within the project area and that partial funding for fixed infrastructure through served areas is necessary to reach the unserved locations. Staff has not modified AT&T’s proposed project area; the Federal Final Rule12 and D.22-04-055 13 allow projects serving unserved locations to include served locations to make the project viable.

Two Federal Funding Account Public Map comments were submitted in Riverside County.14 The Riverside – PSA project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 331, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: City of Corona Mayor Tony Daddario; City of Eastvale City Manager; City of Jurupa Valley City Manager; Southern California Association of Governments; the Riverside County Director of Broadband Services; Inland Empire Regional Broadband Consortium; the High Desert Community Foundation; the City of Riverside City Manager; the CSU San Bernardino Vice President and Chief Financial Officer; the Highland Congregational Church Moderator.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat District 2.

This project will use AT&T’s infrastructure for middle-mile access.

12 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-local- fiscal-recovery-funds.
13 D.22-04-055, Appendix A, Section 2, p. A-5.
14 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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13 Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. AT&T must comply with the CEQA requirements discussed in the appendices. If AT&T provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

AT&T and the Riverside – PSA project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve AT&T’s application for a grant of up to $156,949 for the Riverside – PSA project.

3. Frontier, Riverside 1

Staff recommends the Commission approve Frontier’s application for a grant of up to $2,008,124 for the Riverside 1 project.

The Riverside 1 project proposes to serve an estimated 900 unserved locations based on a March 2024 supplemental application filing. There are approximately 1,050 unserved units in the project area, including 68 unserved Multiple Dwelling Unit locations representing an estimated 159 unserved units. An estimated unserved population of 4,182 would be offered service. An estimated total population of 4,253 will benefit from these investments in and around the Salton Sea communities of Indio, Mecca, and Thermal. The last-mile fiber project will provide up to five gigabits per second symmetrical service to consumers.

The Riverside 1 project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are in a disadvantaged community.

The proposed project will cost an estimated $4 million, of which the Federal Funding Account will fund 49 percent of costs.

This application received no objections.

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14 Two Federal Funding Account Public Map comments were submitted in Riverside County.15 The Riverside 1 project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 900, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: Assemblymember Eduardo Garcia, the CSU San Bernardino Vice President and Chief Financial Officer, the Inland Empire Regional Broadband Consortium, the Riverside County Director of Broadband Services, Apple Valley Unified School District Superintendent, Morongo Unified School District Superintendent, Southern California Association of Governments Executive Director, San Bernardino County Superintendent of Schools, the Inland Empire Economic Partnership, and the California Emerging Technologies Fund President and Chief Executive Officer.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat Districts 2 and 3.

This project will connect to Frontier’s middle-mile infrastructure.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. Frontier must comply with the CEQA requirements discussed in the appendices.

If Frontier provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

Frontier and the Riverside 1 project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve Frontier’s application for a grant of up to $2,008,124 for the Riverside 1 project.

4. City of Indio, City of Indio Last Mile Infrastructure Project

Staff recommends the Commission approve the City of Indio’s application for a grant of up to $8,944,468 for the City of Indio Last Mile Infrastructure project.

15 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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15 The City of Indio Last Mile Infrastructure Project proposes to serve an estimated 498 unserved locations based on a March 2024 supplemental application filing. There are approximately 884 unserved units in the project area, including 290 unserved Multiple Dwelling Unit locations representing an estimated 724 unserved units. An estimated unserved population of 2,692 would be offered service. An estimated total population of 5,242 will benefit from these investments in the City of Indio. The last-mile fiber project will provide up to 1,000 megabits per second symmetrical service to consumers.

The City of Indio Last Mile Infrastructure Project will benefit disadvantaged or Environmental and Social Justice communities; 76 percent of the unserved locations are low-income. The City of Indio has committed to maintaining its prices for at least ten years and will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3.

The proposed project will cost an estimated $35.2 million, of which the Federal Funding Account will fund 25 percent of costs.

This application received two objections and the City of Indio responded to the objections. Staff verified that the served locations in the project area are necessary for the project to connect unserved locations. Staff has not modified The City of Indio’s proposed project area; the Federal Final Rule16 and D.22-04-055 17 allow projects serving unserved locations to include served locations to make the project viable.

Two Federal Funding Account Public Map comments were submitted in Riverside County.18 The City of Indio Last Mile Infrastructure Project’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 498, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed

16 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-local- fiscal-recovery-funds.
17 D.22-04-055, Appendix A, Section 2, p. A-5.
18 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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16 engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: Riverside County Director of Broadband Services, The Coachella Valley Association of Governments, The Indio Police Department, Indio Fire Services, One Future Coachella Valley, Coachella Valley Economic Partnership, and Desert Valley Builders’ Association,

The proposed project provides the public safety benefits of reliable broadband infrastructure. This project is not located in a High Fire Threat District and does not present safety concerns. This project will connect to the open-access Middle-Mile Broadband Initiative.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. The City of Indio must comply with the CEQA requirements discussed in the appendices. If The City of Indio provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

The City of Indio and the City of Indio Last Mile Infrastructure Project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve The City of Indio’s application for a grant of up to $8,944,468 for the City of Indio Last Mile Infrastructure Project.

Santa Barbara County Summary

The allocation for projects in Santa Barbara County in D. 22-04-005 is $15,870,746. This Resolution recommends awarding one grant to the Santa Ynez Band of Chumash Indians for a project in Santa Barbara County. The recommended grant amount for projects in Santa Barbara County is $4,707,693, which leaves a remainder of $11,163,053 of the allocation for Santa Barbara County.

Santa Barbara County Awards

1. Santa Ynez Band of Chumash Indians, Chumash Fiber Network

Staff recommends the Commission approve the Santa Ynez Band of Chumash Indians’ application for a grant of up to $4,707,693 for the Chumash Fiber Network.

The Chumash Fiber Network project proposes to serve an estimated 193 unserved locations based on a March 2024 supplemental application filing. There are

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17 approximately 186 unserved units in the project area, including 59 unserved Multiple Dwelling Unit locations representing an estimated 131 unserved units. An estimated unserved population of 409 would be offered service. An estimated total population of 853 will benefit from these investments in the Tribal Lands of the Santa Ynez Band of Chumash Indians. The last-mile fiber project will provide up to five gigabits per second symmetrical service to consumers.

The Chumash Fiber Network will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are disadvantaged. This project provides service to locations on Tribal lands. The Santa Ynez Band of Chumash Indians has committed to maintaining its prices for at least ten years and will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3.

The proposed project will cost an estimated $6.4 million, of which the Federal Funding Account will fund 74 percent of costs.

This application did not receive any objections.

Two Federal Funding Account Public Map comments were submitted in Santa Barbara County.19 The Chumash Fiber Network project area’s unserved locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to comments and this data, the number of unserved locations is unchanged at 193, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: The Santa Ynez Band of Chumash Indians Business Committee, Santa Barbara County District Supervisor Joan Hartmann, the Santa Barbara County Association of Governments, and EconAlliance.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat District 2. This project will connect to the open-access Middle-Mile Broadband Initiative.

19 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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18 Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. The Santa Ynez Band of Chumash Indians must comply with the CEQA requirements discussed in the appendices. If the Santa Ynez Band of Chumash Indians provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

The Santa Ynez Band of Chumash Indians and the Chumash Fiber Network comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve the Santa Ynez Band of Chumash Indians’ application for a grant of up to $4,707,693 for the Chumash Fiber Network.

Tulare County Summary

The allocation for projects in Tulare County in D. 22-04-005 is $45,128,425. This Resolution recommends awarding one grant to VARCOMM Broadband Incorporated and one grant to Comcast for projects in Tulare County. The recommended grant amount for projects in Tulare County is $36,632,897, which leaves a remainder of $8,495,528 of the allocation for Tulare County.

Tulare County Awards

1. VARCOMM Broadband Incorporated, Terra Bella

Staff recommends the Commission approve VARCOMM Broadband Incorporated’s application for a grant of up to $10,055,847 for the Terra Bella project.

The Terra Bella project proposes to serve an estimated 1,281 unserved locations based on a March 2024 supplemental application filing. There are approximately 1,604 unserved units in the project area, including 194 unserved Multiple Dwelling Unit locations representing an estimated 517 unserved units. An estimated unserved population of 5,524 would be offered service. An estimated total population of 5,827 will benefit from these investments in and around the community of Terra Bella. The last-mile fiber project will provide up to one gigabit per second symmetrical service to consumers.

The Terra Bella project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are disadvantaged. VARCOMM Broadband Incorporated has committed to maintaining its prices for at least ten years and will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3.

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19 The proposed project will cost an estimated $10.1 million, of which the Federal Funding Account will fund 100 percent of costs.

This application did not receive any objections.

No Federal Funding Account Public Map comments were submitted in Tulare County.20 The Terra Bella project area’s unserved locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to this data, the number of unserved locations is unchanged at 1,281, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: American Legion Post 779 and 22 individuals residing in the project area.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. VARCOMM Broadband Incorporated must comply with the CEQA requirements discussed in the appendices. If VARCOMM Broadband Incorporated provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

VARCOMM Broadband Incorporated and the Terra Bella project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends

20 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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20 that the Commission approve VARCOMM Broadband Incorporated’s application for a grant of up to $10,055,847 for the Terra Bella project.

2. Comcast, Tulare Agriculture County

Staff recommends the Commission approve Comcast’s application for a grant of up to $26,577,050 for the Tulare Agriculture County project.

The Tulare Agriculture County project proposes to serve an estimated 6,140 unserved locations based on a March 2024 supplemental application filing. There are approximately 7,908 unserved units in the project area, including 928 unserved Multiple Dwelling Unit locations representing an estimated 2,696 unserved units. An estimated unserved population of 28,902 would be offered service. An estimated total population of 34,887 will benefit from these investments in and around the communities of Alpaugh, Cutler, Dinuba, Earlimart, Kingsburg, Pixley, Sultana, Traver, Tulare, Visalia, and Tipton. The last-mile fiber project will provide up to 1,250 megabits per second symmetrical service to consumers.

The Tulare Agriculture County project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are disadvantaged. Comcast will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3, and has committed to maintaining the price of that plan for at least ten years. The program requires all applicants to commit to serve customers in the project area at prices not exceeding those provided in the application for five years after project completion (See Federal Funding Account Appendix A, section 7. “Performance Criteria”). Comcast’s application proposes to freeze the price for one plan for 10 years and does not request a waiver of the requirement to freeze all other plans offered.

Accordingly, this grant is awarded with the understanding that Comcast serve customers in the project area at prices not exceeding those in the application for all plans in the application for five years. If Comcast cannot satisfy this requirement Comcast may request a waiver including an explanation of why a waiver is being requested and a rationale for why a waiver should be granted.

The proposed project will cost an estimated $33.4 million, of which the Federal Funding Account will fund 80 percent of costs.

This application received four objections and Comcast responded to the objections. Staff determined that two objections were valid and requested that Comcast modify the

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21 grant funding request to remove the costs associated with locations that are already served by competing service providers. The Federal Final Rule21 and D.22-04-055 22 allow projects serving unserved locations to include served locations.

No Federal Funding Account Public Map comments were submitted in Tulare County.23 The Tulare Agriculture County project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections and this data, the number of unserved locations is unchanged at 6,775, the project area is unchanged, and the total grant amount is revised from $26,799,510 to $26,577,050. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: Tulare County Supervisor Dennis Townsend on behalf of the Tulare County Board of Supervisors, The San Joaquin Valley Rural Development Center, the Visalia Chamber of Commerce, the Chicano Latino Youth Leadership Project, the College of the Sequoias, Equality California, the Workforce Investment Board of Tulare County, the Fresno State Connect Initiative, the Central Valley Women’s Entrepreneur Center, the San Joaquin Valley Regional Broadband Consortium, the California Partnership for the San Joaquin Valley, and the Fresno State Office of Community and Economic Development.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat District 2.

This project will connect to Comcast’s middle-mile infrastructure.

Based on the information provided to the Energy Division, the Tulare Agriculture County project is categorically exempt from CEQA review, under 14 C.C.R. § 15301 (Existing Facilities), 14 C.C.R. § 15302 (Replacement or Reconstruction), 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R. § 15304 (Minor Alteration to Land). Comcast must comply with the CEQA requirements discussed in the appendices. Comcast must comply with the CEQA requirements discussed in the appendices.

21 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-local- fiscal-recovery-funds.
22 D.22-04-055, Appendix A, Section 2, p. A-5.
23 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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22 Comcast and the Tulare Agriculture County project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve Comcast’s application for a grant of up to $26,577,050 for the Tulare Agriculture County project.

Riverside and San Bernardino Counties

1. AT&T, Riverside/San Bernardino – 1

Staff recommends the Commission approve AT&T’s application for a grant of up to $255,801 for the Riverside/San Bernardino – 1 project. Of the $255,801 recommended for award, $190,211 is for infrastructure in Riverside County and $65,590 is for infrastructure in San Bernardino County.

The Riverside/San Bernardino – 1 project proposes to serve an estimated 35 unserved locations based on a March 2024 supplemental application filing. There are approximately 55 unserved units in the project area, including nine unserved Multiple Dwelling Unit locations representing an estimated 32 unserved units. An estimated unserved population of 98 would be offered service. An estimated total population of 666 will benefit from these investments in Riverside County. The last-mile fiber project will provide up to 5,000 megabits per second symmetrical service to consumers.

The Riverside/San Bernardino – 1 project will benefit disadvantaged or Environmental and Social Justice communities; 72 percent of the unserved locations are disadvantaged.

The proposed project will cost an estimated $500,000, of which the Federal Funding Account will fund 50 percent of costs.

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23 project area; the Federal Final Rule24 and D.22-04-055 25 allow projects serving unserved locations to include served locations to make the project viable.

Two Federal Funding Account Public Map comments were submitted in Riverside County and no Federal Funding Account Public Map comments were submitted in San Bernardino County.26 The AT&T Riverside/San Bernardino – 1 project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 35, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The proposed project provides the public safety benefits of reliable broadband infrastructure. This project is not located in a High Fire Threat District and does not present safety concerns. This project will use AT&T’s infrastructure for middle-mile access.

Based on the information that AT&T provided, the Commission’s Energy Division has confirmed that the project meets the criteria for the CEQA categorical exemptions under 14 C.C.R. § 15301 (Existing Facilities),14 C.C.R. § 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R. § 15304 (Minor Alterations to Land).

Thus, the Riverside/San Bernadino - 1 project is categorically exempt from CEQA review and the Commission may authorize funds for construction activities.

24 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-local- fiscal-recovery-funds.
25 D.22-04-055, Appendix A, Section 2, p. A-5.
26 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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24 AT&T and the Riverside/San Bernardino – 1 project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve AT&T’s application for a grant of up to $255,801 for the Riverside/San Bernardino – 1 project.

Comments
In compliance with Public Utilities Code Section 311(g)(1), a Notice of Availability of this draft resolution was e-mailed on June 28, 2024, informing all parties on the CASF Distribution List and the R. 20-09-001 Service List of the availability of the draft of this Resolution, and of the opportunity to comment, at the Commission’s website at http://www.cpuc.ca.gov/.

Formal comments were submitted on July 18, 2024, by Comcast, Golden State Connect Authority, the Public Advocates Office, Spectrum, The Utility Reform Network, and VARCOMM. Reply comments were submitted on July 23, 2024, by VARCOMM and AT&T.

Comcast Comments

Comcast restates that it will comply with the five-year pricing requirement, and will freeze the price of only one plan for ten years (the low-cost plan).

Golden State Connect Authority Comments

Golden State Connect Authority states that it is committed to promoting the Affordable Connectivity Program if it is restored by Congress, or another affordability program if identified by the Commission. Golden State Connect Authority states that its open access financing model, which minimizes public funds necessary to build self-sustaining networks, prevents it from charging less for service. Golden State Connect Authority states that its public, open access model keeps prices low for low-income consumers in the long-run, through competition among providers on the network.

Public Advocates Office

The Public Advocates Office asks the Commission to revise Resolution T-17833 to ensure compliance with low-cost and low-income plan requirements. The Public Advocates Office states that Resolution T-17833 is not clear as to whether the Terra Bella and GSCA Alpine County Broadband Network projects offer low-cost or low-income plans, and notes that the Terra Bella project’s lowest-cost plan does not meet the standard for a low-cost broadband plan. The Public Advocates Office also recommends reiterating in the Resolution that “when a successor to the Affordable Connectivity

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25 Program is identified by the Commission, all awardees shall participate in that program.”

Spectrum’s Comments

Spectrum requests that the monthly subscription rates that the applicants have committed are made public and offers an example of similar information disclosed in the California Advanced Services Fund Infrastructure Grant Account.

The Utility Reform Network’s Comments

The Utility Reform Network requests clarification that AT&T will maintain its commitments to California and federal LifeLine after the completion of its projects, in light of AT&T’s request to have its Carrier of Last Resort obligations lifted. The Utility Reform Network also states concerns about whether AT&T will participate in a successor to the Affordable Connectivity Program. The Utility Reform Network suggests that the Commission modify T-17833 to confirm that AT&T must uphold its commitment to provide LifeLine service in the project areas following completion of the projects recommended for award in Resolution T-17833.

VARCOMM Comments

VARCOMM requests clarifying language in Appendix G which requires VARCOMM to submit a Proponent’s Environmental Assessment to comply with the CEQA VARCOMM requests a revision to Appendix G to state that it may be exempt from the CEQA if it can demonstrate that the Terra Bella project is categorically exempt.

VARCOMM Reply Comments

VARCOMM confirms that the Terra Bella project will provide a low-cost plan to customers in the project area and summarizes the Federal Funding Account rules to show that it is in compliance with the program’s low-income and low-cost requirements.

AT&T Reply Comments

AT&T submitted reply comments in response to The Utility Reform Network’s comments regarding AT&T’s participation in the Affordability Connectivity Program and its LifeLine and Carrier of Last Resort obligations. AT&T states that the Federal Funding Account program rules do not require applicants to participate in federal Lifeline and the California LifeLine Program. AT&T requests that the Commission not

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26 adopt The Utility Reform Network’s proposed modifications, which AT&T states would be discriminatory.

AT&T also replied to VARCOMM’s comments requesting clarification of its California Environmental Quality Act obligations. AT&T states that revision of VARCOMM’s California Environmental Quality Act appendix is unnecessary, but that if the appendix for VARCOMM’s Terra Bella project is revised, all awardees’ California Environmental Quality Act appendices should be revised consistently.

Staff Response to Comments

In response to comments from the Public Advocates Office, Golden State Connect Authority, The Utility Reform Network, Spectrum, and AT&T, Staff has added information about applicants’ available low-income and low-cost service plans to this Resolution and future Resolutions, and clarified their participation in the California LifeLine Program. In response to comments, background on the affordability requirements and information from the Federal Funding Account Decision 22-04-055 is included in this Resolution and Resolutions T-17826 and T-17829. Language clarifying that when a successor to the Affordable Connectivity Program is identified by the Commission, all awardees are required to participate in that program was also added.

Staff emphasizes that the Federal Funding Account’s requirements for eligibility (such as Affordable Connectivity Program participation) and scoring criteria preferences (such as LifeLine participation) are independent of some applicants’ Carrier of Last Resort obligations, which are under review in Rulemaking 24-06-012, Order Instituting Rulemaking Proceeding to Consider Changes to the Carrier of Last Resort Rules.

In response to the Public Advocates Office’s comments regarding the Terra Bella project’s lowest-cost plan and VARCOMM’s reply comments, Staff confirms that VARCOMM’s commitment to provide a low-cost plan to customers in the Terra Bella project meets the standard in D. 22-04-055, Section 3, and has revised Appendix Q to clarify this.

In response to VARCOMM’s comments regarding its CEQA requirements, and AT&T’s reply, Staff emphasizes that VARCOMM’s Terra Bella project can still be found CEQA- exempt by letter from the Communications Director (or a designee or delegate) if VARCOMM provides appropriate documentation, as stated in the Ordering Paragraphs.

IV. COMPLIANCE REQUIREMENTS

Awardees are required to comply with all the guidelines, requirements, and conditions associated with the grant of Federal Funding Account awards as specified in D.22-04-055. All Awardees are also required to sign a consent form agreeing to the

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27 terms and conditions of the Federal Funding Account. Such compliance includes, but is not limited to, the items noted below.

A. Deployment Schedule: All CEQA-exempt projects must be completed within 18 months, and all other projects shall be completed within 24 months after receiving authorization to construct.

B. Pricing: By accepting these awards, the Awardees commit to serve customers in the project area at prices not exceeding those provided in the application for five years after project completion. Awardees who committed not to increase prices for a period of ten years in their application commit to serve customers in the project area for ten years after project completion. Should the need arise for grant recipients to adjust prices due to externalities outside their control (e.g. inflation), grant recipients may file and serve, on the R. 20-09-001 proceeding service list, a request to modify this requirement with the Communications Division.

C. Speed and Latency: All households in the proposed project areas must be offered a broadband Internet service plan with speeds of at least 100 megabits per second (Mbps) download and 100 Mbps upload, with not more than 100 milliseconds of latency.

D. Affordability: All projects shall participate in the Affordable Connectivity Program (ACP) or otherwise provide access to a broad-based affordability program to low-income customers in the proposed service area of the broadband infrastructure that provides benefits to households commensurate with those provided under the ACP.

Should the ACP program end, the Commission will identify a successor low-income subsidy program in which participants must participate. Awardees must participate in a successor to the ACP identified after the grant is awarded.

E. Project Audit: The Commission has the right to conduct any necessary audit, verification, and discovery during project implementation/construction to ensure that Federal Funding Account funds are spent in accordance with Commission approval. All recipients of federally funded grants exceeding $750,000 will need to include a budget for a federal audit.27

F. Reporting Requirements: Numerous post-award reports are required. In summary, these include monthly contractor reports (if applicable), quarterly progress reports, and a final completion report.28

27 Treasury, Compliance and Reporting Guidance State and Local Fiscal Recovery Funds (November 15, 2021 Version 2.1), available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and- Reporting-Guidance.pdf.
28 D. 22-04-055, Appendix A, Section 14.

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28 G. Prevailing Wage: Section 1720 of the California Labor Code requires Federal Funding Account projects be subject to prevailing wage requirements.29 Applicants accepting Federal Funding Account awards are committing to follow state prevailing wage requirements with regards to their projects.

H. Payments to Federal Funding Account Recipients: The Commission may reimburse Awardees’ expenses in accordance with Public Utilities Code Section 281(n)(2), D.22-04-055, and the Appendix. Requests for payments may be submitted as the project is progressively deployed. The prerequisite for first payment is the submittal of a progress report to the Commission showing that a minimum of ten percent of the project (as determined by budget spent) has been completed. Subsequent payments may be made upon at least 25-percent intervals, with the final 15 percent payment request (from 85 to 100 percent) not eligible for payment without an approved completion report. Payments are based on submitted receipts, invoices and other supporting documentation showing expenditures incurred for the project in accordance with the approved Federal Funding Account budget included in the awardee’s application.

I. Federal Broadband Program Enforceable Commitments: The Federal Funding Account award will not fund locations supported by a federal broadband program with Capital Project Fund monies.30

FINDINGS OF FACT

1. California’s multi-year broadband infrastructure investments in the Budget Act of 2021 and Senate Bill 156 (Statutes 2021, Chapters 84 and 112) provided $2 billion over multiple years to the Last Mile Federal Funding Account to facilitate, via reimbursement, construction of last-mile broadband infrastructure projects to connect unserved Californians.

2. On April 21, 2022, the Commission approved Decision 22-04-055, which along with the Federal Final Rule, established the Last Mile Federal Funding Account and set

29 D.22-054-055, Section 13.2, page 57.
30 Federal broadband programs include the Connect America Fund II (CAFII), Community Connects Grant Program (CCGP), Enhanced Alternative Connect America Cost Model (EACACM), Rural Digital Opportunity Fund (RDOF), Rural E-Connectivity Program (REP), Tribal Broadband Connectivity Program (TBCP), and Telephone Loan Program (TLP).

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29 program rules.

3. The Communications Division opened an application window for the Federal Funding Account on June 30, 2023, and closed it on September 29, 2023. Applicants submitted 484 applications before the deadline. Application summaries were posted on October 23, 2023, and a 28-day objection window closed on November 20, 2023.

Responses to objections were received until December 20, 2023.

4. Golden State Connect Authority (GSCA) submitted an application for the GSCA Imperial County Broadband Network project on September 27, 2023.

5. Fort Bidwell Indian Community submitted an application for the Fort Bidwell Indian Community Fiber-to-the-Home project on September 28, 2023.

6. AT&T submitted applications for the Riverside – 1, Riverside/San Bernardino – 1, and the RIVERSIDE – PSA projects on September 28, 2023.

7. Frontier submitted an application for the Riverside 1 project on September 28, 2023.

8. The City of Indio submitted an application for the City of Indio Last Mile Infrastructure Project on September 29, 2023.

9. The Santa Ynez Band of Chumash Indians submitted an application for the Chumash Fiber Network on September 29, 2023.

10. VARCOMM Broadband Incorporated submitted an application for the Terra Bella project on September 29, 2023.

11. Comcast submitted an application for the Tulare Agriculture County project on September 29, 2023.

12. The Commission has determined that the Golden State Connect Authority’s GSCA Alpine County Broadband Network project is not categorically exempt from California Environmental Quality Act review at this time.

13. The Commission has determined that Fort Bidwell Indian Community’s Fort Bidwell Indian Community Fiber-to-the-Home project is not categorically exempt from California Environmental Quality Act review at this time.

14. The Commission has determined that AT&T’s Riverside – 1 and Riverside – PSA projects are not categorically exempt from California Environmental Quality Act review at this time.

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30 15. The Commission has determined that AT&T’s Riverside/San Bernardino – 1 project is categorically exempt from California Environmental Quality Act review, under 14 C.C.R. § 15301 (Existing Facilities), 14 C.C.R. § 15302 (Replacement or Reconstruction), and 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures).

16. The Commission has determined that Frontier’s Riverside 1 project is not categorically exempt from California Environmental Quality Act review at this time.

17. The Commission has determined that the City of Indio’s City of Indio Last Mile Infrastructure Project is not categorically exempt from California Environmental Quality Act review at this time.

18. The Commission has determined that the Chumash Fiber Network Project is not categorically exempt from CEQA review.

19. The Commission has determined that VARCOMM Broadband Incorporated's Terra Bella Project is not categorically exempt from California Environmental Quality Act review at this time.

20. The Commission has determined that Comcast’s Tulare Agriculture County project is categorically exempt from CEQA review, under 14 C.C.R. § 15301 (Existing Facilities),14 C.C.R. § 15302 (Replacement or Reconstruction), 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R. § 15304 (Minor Alteration to Land).

21. Communications Division staff analyzed the applications for compliance with Commission and Federal rules, reviewed local feedback, and conducted fiscal and technical analysis.

22. All applications listed above met minimum eligibility requirements provided in Decision 22-04-055.

23. Staff recommends approval of the applications in this resolution, as they comply with program rules as stated and contribute to the Federal Funding Account’s goal of building broadband Internet infrastructure to communities without access to Internet service at sufficient and reliable speeds.

24. Draft Resolution T-17833 was emailed to the CASF Distribution List and the R. 20-09-001 Service List on June 28th, 2024, in compliance with Public Utilities Code Section 311(g)(1).

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31 THERFORE, IT IS ORDERED that:

1. The Commission shall award up to $6,985,978 in Federal Funding Account funds to the Golden State Connect Authority to complete the GSCA Alpine County Broadband Network project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

2. As a condition of this award and prior to receiving Federal Funding Account grant funds, the Golden State Connect Authority shall provide the Commission with its draft documents describing a potential Internet Service Provider (ISP) partnership, as well as the signed operating agreement with that ISP partner.

3. The Commission shall award up to $23,900,190 in Federal Funding Account funds to Fort Bidwell Indian Community in order to complete the Fort Bidwell Indian Community Fiber-to-the-Home project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

4. As a condition of this award and prior to receiving Federal Funding Account grant funds, the Fort Bidwell Indian Community shall provide the Commission with its draft documents describing a potential Internet Service Provider (ISP) partnership, as well as the signed operating agreement with that ISP partner.

5. The Commission shall award up to $11,580,196 in Federal Funding Account funds to AT&T in order to complete the Riverside – 1 project, as described in the appendices.

6. The Commission shall award up to $255,801 in Federal Funding Account funds to AT&T in order to complete the Riverside/San Bernardino – 1 project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

7. The Commission shall award up to $156,949 in Federal Funding Account funds to AT&T in order to complete the Riverside – PSA project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent

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32 with a reduction in the number of locations.

8. The Commission shall award up to $2,008,124 in Federal Funding Account funds to Frontier in order to complete the Riverside 1 project, as described in the appendices.

The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

9. The Commission shall award up to $8,944,468 in Federal Funding Account funds to the City of Indio in order to complete the City of Indio Last Mile Infrastructure Project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

10. As a condition of this award and prior to receiving Federal Funding Account grant funds, the City of Indio shall provide the Commission with its draft documents describing a potential Internet Service Provider (ISP) partnership, as well as the signed operating agreement with that ISP partner.

11. The Commission shall award up to $4,707,693 in Federal Funding Account funds to The Santa Ynez Band of Chumash Indians in order to complete the Chumash Fiber Network, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

12. The Commission shall award up to $10,055,847 in Federal Funding Account funds to VARCOMM Broadband Incorporated in order to complete the Terra Bella project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

13. The Commission shall award up to $26,575,050 in Federal Funding Account funds to Comcast in order to complete the Tulare Agriculture County project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

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33 14. To ensure compliance with all program rules and guidelines, the Commission will not release funds to an applicant proposing to enter into agreement(s) with a third party or third parties for the ownership, operation, and/or leasing of the proposed infrastructure or network until the applicant provides the Commission with an advanced copy of the agreement document(s).

15. Applicants that committed to provide voice service or participate in LifeLine must do so for five years after project completion in Federal Funding Account project areas.

16. For those projects not determined to be categorically exempt, the Commission cannot release funds for construction activities until California Environmental Quality Act (CEQA) review is complete. The awardees must comply with the requirements set forth in the CEQA Section of the Resolution. The awardees must provide their Proponent’s Environmental Assessment for each project prior to the first payment.

17. Awardee(s) shall comply with all guidelines, requirements, and conditions set forth in this resolution.

18. All construction covered by the grant must be completed within the applicable 18-month or 24-month time frame. In the event of extenuating circumstances jeopardizing this timeline, the Awardee(s) must notify the Communications Division’s Director as soon as they become aware of any delay. If such notice is not provided, staff can take corrective actions including reducing payment for failure to satisfy this requirement.

19. If the awardee(s) fail to complete the project(s) in accordance with the terms outlined in Decision 22-04-055 and with the terms of the Commission’s approval, as set forth in this resolution, awardees must reimburse some or all the Federal Funding Account grants received or take other corrective action.

20. If staff evaluation finds any of the projects can be exempt from the California Environmental Quality Act, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

21. The effective date of each award and encumbrance of funds is to be set, in consultation with the Applicant, by letter from the Communications Division Director or the director’s delegate or designee. All awards are contingent on

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34 available state budget appropriations funding and may be subject to Budget Letter 24-07.31

This resolution is effective today.

I certify that the foregoing resolution was duly introduced, passed, and adopted at a conference of the Public Utilities Commission of the State of California held on august 22, 2024 the following Commissioners voting favorable thereon:

/s/RACHEL PETERSON
Rachel Peterson
Executive Director

ALICE REYNOLDS
President
DARCIE L. HOUCK

JOHN REYNOLDS

KAREN DOUGLS

MATTHEW BAKER
Commissioners

31 Department of Finance Budget Letter 24-07, “Onetime Appropriation(s) Expenditure Freeze Pursuant to Section 21 of the Budget Act of 2023 (As Amended by Section 74 of AB 106 (Chapter 9, Statutes of 2024)),” available at: https://dof.ca.gov/wp-content/uploads/sites/352/2024/04/BL-24-07.pdf

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APPENDIX A
Golden State Connect Authority California Environmental Quality Act Compliance Requirements
The following Golden State Connect Authority project is subject to California Environmental Quality Act (CEQA) review:

 GSCA Alpine County Broadband Network

The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Golden State Connect Authority activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the listed projects, Golden State Connect Authority is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code Section 21000 et seq.).

Golden State Connect Authority should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

Golden State Connect Authority’s listed applications are subject to National Environmental Policy Act (NEPA) review, as acknowledged in its application. Golden State Connect Authority should make every effort to ensure that the Commission’s CEQA Unit is aware of and included in the NEPA process. Golden State Connect Authority must provide a PEA prior to the first payment. The Commission cannot release funds for the construction project until the Commission has completed CEQA review.

If staff evaluation finds the projects can be exempt from CEQA, then the project can be exempted by letter from the Commission.

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APPENDIX B
Fort Bidwell Indian Community California Environmental Quality Act Compliance Requirements
The following Fort Bidwell Indian Community project is subject to California Environmental Quality Act (CEQA) review:

 Fort Bidwell Indian Community Fiber-To-The-Home

The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Fort Bidwell Indian Community activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the listed project, Fort Bidwell Indian Community is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code Section 21000 et seq.).

Fort Bidwell Indian Community should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

Fort Bidwell Indian Community's listed application is subject to National Environmental Policy Act (NEPA) review, as acknowledged in its application.

Fort Bidwell Indian Community should make every effort to ensure that the Commission’s CEQA Unit is aware of and included in the NEPA process. Fort Bidwell Indian Community must provide a PEA prior to the first payment. The Commission cannot release funds for the construction project until the Commission has completed CEQA review.

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APPENDIX C
AT&T California Environmental Quality Act Compliance Requirements The following AT&T projects are subject to California Environmental Quality Act (CEQA) review:

 Riverside – 1
 Riverside – PSA

The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Riverside’s activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Riverside - 1 Fiber-To-The-Home installations would take place near several areas in Riverside County. The locations within the project area are located in Corona, Eastvale, Jurupa Valley, and Riverside. The length of the project is expected to be 18 months.

Major roadways include Border Avenue, El Cerrito Road., Chandler Street, Limonite, Indiana Avenue, Multiview Drive, Idaleona Road., and Mount Vernon Avenue.

Although AT&T plans to upgrade its fiber network by deploying approximately 114 miles of underground or aerial fiber on existing poles, a preliminary design of the project is not currently available. AT&T stated that the preliminary design will be completed as part of the system design and detailed engineering work process.

Prior to any construction activity for the project, AT&T is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA
(California Public Resources Code § 21000 et seq.).

AT&T should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

Riverside must provide a PEA prior to the first payment. The Commission cannot

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release funds for the construction phase of this project until the Commission has completed CEQA review.

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AT&T California Environmental Quality Act Compliance Requirements (Continued) The Commission has determined that the following AT&T project is categorically exempt from California Environmental Quality Act (CEQA) review:

 Riverside/San Bernardino – 1
AT&T provided the Commission with its project plans to install fiber and supporting facilities within existing public rights‐of‐way and primarily on existing poles as well as Best Management Practices to be implemented during construction.

Based on the information that AT&T provided, the Commission’s Energy Division has confirmed that the project meets the criteria for the California Environmental Quality Act categorical exemptions under 14 C.C.R. § 15301 (Existing Facilities), 14 C.C.R. § 15302 (Replacement or Reconstruction), and 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures). Thus, the Riverside/San Bernardino – 1 project is categorically exempt from California Environmental Quality Act review and the Commission may authorize funds for construction activities.

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APPENDIX D
Frontier California Environmental Quality Act Compliance Requirements The following Frontier project is subject to California Environmental Quality Act (CEQA) review:

 Riverside 1

Riverside 1 Fiber-To-The-Home installations would take place near the communities of North Shore, Mortmar, and Desert Beach and surrounding areas (Community of Salton).

The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Riverside 1 activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the listed project, Frontier is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code Section 21000 et seq.).

Frontier should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

Frontier’s listed application may be subject to National Environmental Policy Act (NEPA) review. Frontier should make every effort to ensure that the Commission’s CEQA Unit is aware that the Riverside 1 project is required to go through the NEPA process (USFWS). Frontier must provide a PEA prior to the first payment. The Commission cannot release funds for the construction project until the Commission has completed CEQA review.

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APPENDIX E
City of Indio California Environmental Quality Act Compliance Requirements The following City of Indio project is subject to California Environmental Quality Act (CEQA) review:

 City of Indio Last Mile Infrastructure Project

The Commission must complete CEQA review prior to disbursing FFA funds for construction activities. The initial funding granted in this Resolution may be used for project development and other City of Indio’s activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the project, the City of Indio is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code § 21000 et seq.).

The City of Indio should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

The City of Indio must provide a PEA prior to the first payment. The Commission cannot release funds for the construction phase of this project until the Commission has completed CEQA review.

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APPENDIX F
Santa Ynez Band of Chumash Indians California Environmental Quality Act Compliance Requirements
The following Santa Ynez Band of Chumash Indians project is subject to California Environmental Quality Act (CEQA) review:

 Chumash Fiber Network

The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Santa Ynez Band of Chumash Indians activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the project, the Santa Ynez Band of Chumash Indians is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code § 21000 et seq.).

The Santa Ynez Band of Chumash Indians should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

The Santa Ynez Band of Chumash Indians must provide a PEA prior to the first payment. The Commission cannot release funds for the construction phase of this project until the Commission has completed CEQA review.

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APPENDIX G
VARCOMM Broadband Incorporated California Environmental Quality Act Compliance Requirements
The following VARCOMM Broadband Incorporated project is subject to California Environmental Quality Act (CEQA) review:

 Terra Bella

The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other VARCOMM Broadband Incorporated activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the listed project, VARCOMM Broadband Incorporated is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code Section 21000 et seq.).

VARCOMM Broadband Incorporated should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

VARCOMM Broadband Incorporated must provide a PEA prior to the first payment.

The Commission cannot release funds for the construction project until the Commission has completed CEQA review.

If staff evaluation finds the project can be exempt from CEQA, then the project can be exempted by letter from the Commission.

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APPENDIX H
Comcast California Environmental Quality Act Compliance Requirements The following Comcast project is categorically exempt from California Environmental Quality Act (CEQA) review:

 Tulare Agriculture County

Comcast provided the Commission with its project plans to install new aerial and underground fiber. Existing utility poles would be used for the aerial installation of new fiber where attachments are permitted by the pole owner. New underground fiber would be installed in new conduit within existing rights-of-way and utility easements and not on previously undisturbed ground adjacent to existing roadways.

The project alignment runs between the unincorporated community of Pixley in the north, through the unincorporated community of Teviston, and then to and throughout the unincorporated community of Earlimart in the south. These communities and the project alignment generally parallels State Route 99. New fiber would be placed underground in new conduit and overhead on existing utility poles. The underground portions of the project would be located along existing roadways. Comcast would ensure the poles comply with General Order 95.

Based on the information that Comcast provided, the Commission’s Energy Division has confirmed that the project meets the criteria for the CEQA categorical exemptions under 14 C.C.R. § 15301 (Existing Facilities), 14 C.C.R. § 15302 (Replacement or Reconstruction), 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R. § 15304 (Minor Alteration to Land).

Thus, the Tulare Agriculture County project is categorically exempt from CEQA review and the Commission may authorize funds for construction activities.

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APPENDIX I
GSCA Alpine County Broadband Network
Key Information
Project Name GSCA Alpine County Broadband Network
Applicant Name Golden State Connect Authority
Community Names Unincorporated Alpine County
County Alpine County
County Allocation $6,989,054
Project Size (in square miles) 251
Maximum Download/Upload speed 10/10Gbps
Lowest Cost Plan (non-income qualified) $70/month for 100/100 Mbps Low-income Plan No
Low-cost Plan No
LifeLine Participation No
Percent Disadvantaged Communities 0 percent
Percent Low-Income Areas 0 percent
Median Household Income (weighted) $85,750
Area Households 345
Area Population 692
Estimated locations within 1000 feet of the
project area (location passings) 737
Estimated units within 1000 feet of the project
area (unit passings) 980
Unserved locations proposed to be served by
the project 718
Unserved locations in the project area 697
Unserved units in the project area 885
Estimated unserved population in the project
area 672
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 83
Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 271

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Community Anchor Institutions benefitting from
the project 16
Public safety locations benefitting from the
project 8
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative
in project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative
in project
-
Grant costs for last-mile delivery $6,985,978
Deployment Schedule 18 Months
Total Project Cost $10,676,488
Amount of FFA grant funds requested $6,985,978
Applicant funded $3,690,510
Grant (excluding middle mile) per unserved unit
in the project area $7,894
Grant (excluding middle mile) per unit passing $7,129

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Map of GSCA Alpine County Broadband Network

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APPENDIX J
Fort Bidwell Indian Community Fiber-to-the-Home
Key Information

Project Name
Fort Bidwell Indian Community Fiber-To-The-
Home
Applicant Name Fort Bidwell Indian Community
Community Names Fort Bidwell Indian Community
County Modoc County
County Allocation $23,931,241
Project Size (in square miles) 251
Maximum Download/Upload speed 1000/1000Mbps
Lowest Cost Plan $40/month for 100/100 Mbps
Low-income Plan Yes, $40/month for 100/100 Mbps
Low-cost Plan Yes, $40/month for 100/100 Mbps
LifeLine Participation Yes
Percent Disadvantaged Communities 13 percent
Percent Low-Income Areas 100 percent
Median Household Income (weighted) $44,583
Area Households 505
Area Population 1057
Estimated locations within 1000 feet of the
project area (location passings) 718
Estimated units within 1000 feet of the project
area (unit passings) 744
Unserved locations proposed to be served by
the project 451
Unserved locations in the project area 603
Unserved units in the project area 625
Estimated unserved population in the project
area 974
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 20

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 42
Community Anchor Institutions benefitting from
the project 17
Public safety locations benefitting from the
project 7
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
9 miles
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
$8,899,091
Grant costs for last-mile delivery $15,001,099
Deployment Schedule 24 Months
Total Project Cost $24,550,190
Amount of FFA grant funds requested $23,900,190
Applicant funded $650,000
Grant (excluding middle mile) per unserved unit
in the project area $24,002
Grant (excluding middle mile) per unit passing $20,163

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Map of Fort Bidwell Indian Community Fiber-to-the-Home Project

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APPENDIX K
Riverside - 1
Key Information

Project Name Riverside - 1
Applicant Name
AT&T Services, Inc. on behalf of its affiliate
Pacific Bell Telephone Company d/b/a AT&T
California
Community Names Riverside
County Riverside County
County Allocation $50,635,154
Project Size (in square miles) 12
Maximum Download/Upload speed 5/5 Gbps
Lowest Cost Plan (non-income qualified) $30/month for 100/100 Mbps Low-income Plan Yes, $30/month for 100/100 Mbps
Low-cost Plan No
LifeLine Participation Yes
Percent Disadvantaged Communities 41 percent
Percent Low-Income Areas 49 percent
Median Household Income (weighted) $77,083
Area Households 8,186
Area Population 27,989
Estimated locations within 1000 feet of the
project area (location passings) 17,467
Estimated units within 1000 feet of the project
area (unit passings) 27,849
Unserved locations proposed to be served by
the project 2,456
Unserved locations in the project area 2,392
Unserved units in the project area 3,172
Estimated unserved population in the project
area 9,774
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 455

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 1,235
Community Anchor Institutions benefitting from
the project 38
Public safety locations benefitting from the
project 6
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $11,580,196
Deployment Schedule 18 Months
Total Project Cost $23,160,392
Amount of FFA grant funds requested $11,580,196
Applicant funded $11,580,196
Grant (excluding middle mile) per unserved unit
in the project area $3,651
Grant (excluding middle mile) per unit passing $416

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Map of Riverside – 1

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APPENDIX L
Riverside-San Bernardino - 1
Key Information

Project Name Riverside/San Bernadino - 1
Applicant Name
AT&T Services, Inc. on behalf of its affiliate
Pacific Bell Telephone Company d/b/a AT&T
California
Community Names Riverside
County Riverside County
County Allocation $50,635,154
Project Size (in square miles) 0.2
Maximum Download/Upload speed 5 Gbps/5 Gbps
Lowest Cost Plan (non-income qualified) $30/month for 100/100 Mbps Low-income Plan Yes, $30/month for 100/100 Mbps
Low-cost Plan No
LifeLine Participation Yes
Percent Disadvantaged Communities 72 percent
Percent Low-Income Areas 72 percent
Median Household Income (weighted) $45,678
Area Households 179
Area Population 666
Estimated locations within 1000 feet of the
project area (location passings) 526
Estimated units within 1000 feet of the project
area (unit passings) 853
Unserved locations proposed to be served by
the project 35
Unserved locations in the project area 32
Unserved units in the project area 55
Estimated unserved population in the project
area 98
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 9

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 32
Community Anchor Institutions benefitting from
the project 0
Public safety locations benefitting from the
project 0
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $255,801
Deployment Schedule 18 Months
Total Project Cost $511,602
Amount of FFA grant funds requested $255,801
Applicant funded $255,801
Grant (excluding middle mile) per unserved unit
in the project area $4,651
Grant (excluding middle mile) per unit passing $300

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Map of Riverside-San Bernardino - 1

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APPENDIX M
Riverside - PSA
Key Information

Project Name Riverside - PSA
Applicant Name
AT&T Services, Inc. on behalf of its affiliate
Pacific Bell Telephone Company d/b/a AT&T
California
Community Names Riverside
County Riverside County
County Allocation $50,635,154
Project Size (in square miles) 1.4
Maximum Download/Upload speed 5/5 Gbps
Lowest Cost Plan $30/month for 100/100 Mbps
Low-income Plan Yes, $30/month for 100/100 Mbps
Low-cost Plan No
LifeLine Participation Yes
Percent Disadvantaged Communities 32 percent
Percent Low-Income Areas 87 percent
Median Household Income (weighted) $70,729
Area Households 3,200
Area Population 11,308
Estimated locations within 1000 feet of the
project area (location passings) 4,308
Estimated units within 1000 feet of the project
area (unit passings) 7,863
Unserved locations proposed to be served by
the project 247
Unserved locations in the project area 226
Unserved units in the project area 1,090
Estimated unserved population in the project
area 2,513
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 162

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 1,026
Community Anchor Institutions benefitting from
the project 19
Public safety locations benefitting from the
project 0
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $156,949
Deployment Schedule 18 Months
Total Project Cost $313,898
Amount of FFA grant funds requested $156,949
Applicant funded $156,949
Grant (excluding middle mile) per unserved unit
in the project area $144
Grant (excluding middle mile) per unit passing $20

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Map of Riverside – PSA

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APPENDIX N
Riverside 1
Key Information

Project Name Riverside 1
Applicant Name Frontier of California Inc.

Community Names Indio, Mecca, and Thermal
County Riverside County
County Allocation $50,635,154
Project Size (in square miles) 10
Maximum Download/Upload speed 5/5 Gbps
Lowest Cost Plan (non-income qualified)
$13.99 (LifeLine bundle with voice), $19.99
(LifeLine-eligible), or $29.99 for 50Mbps/50Mbps
Low-income Plan Yes, $29.99/month for 100/100 Mbps
Low-cost Plan No
LifeLine Participation Yes
Percent Disadvantaged Communities 100 percent
Percent Low-Income Areas 90 percent
Median Household Income (weighted) $26,412
Area Households 1,008
Area Population 4,253
Estimated locations within 1000 feet of the
project area (location passings) 980
Estimated units within 1000 feet of the project
area (unit passings) 1,073
Unserved locations proposed to be served by
the project 900
Unserved locations in the project area 959
Unserved units in the project area 1,050
Estimated unserved population in the project
area 4,182
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 68

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 159
Community Anchor Institutions benefitting from
the project 2
Public safety locations benefitting from the
project 1
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $2,008,124
Deployment Schedule 33 months
Total Project Cost $4,106,594
Amount of FFA grant funds requested $2,008,124
Applicant funded $2,098,470
Grant (excluding middle mile) per unserved unit
in the project area $1,912
Grant (excluding middle mile) per unit passing $1,872

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Map of Riverside 1

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APPENDIX O
City of Indio Last Mile Infrastructure Project
Key Information

Project Name City of Indio Last Mile Infrastructure Project Applicant Name City of Indio
Community Names City of Indio
County Riverside
County Allocation $50,635,154
Project Size (in square miles) 1
Maximum Download/Upload speed 1000/1000 Mbps
Lowest Cost Plan (non-income qualified) $29.95/month for 1000/1000 Mbps Low-income Plan Yes, $29.95/month for 1000/1000 Mbps
Low-cost Plan Yes
LifeLine Participation No
Percent Disadvantaged Communities 6 Percent
Percent Low-Income Areas 75 Percent
Median Household Income (weighted) $29,549
Area Households 1,896
Area Population 5,242
Estimated locations within 1000 feet of the
project area (location passings) 4,636
Estimated units within 1000 feet of the project
area (unit passings) 6,718
Unserved locations proposed to be served by
the project 498
Unserved locations in the project area 450
Unserved units in the project area 884
Estimated unserved population in the project
area 2,692
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 290

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 724
Community Anchor Institutions benefitting from
the project 4
Public safety locations benefitting from the
project 1
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project

11.9 Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $8,944,468
Deployment Schedule 24 Months
Total Project Cost $35,192,224
Amount of FFA grant funds requested $8,944,468
Applicant funded $26,247,756
Grant (excluding middle mile) per unserved unit
in the project area $10,118
Grant (excluding middle mile) per unit passing $1,331

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Map of City of Indio Last Mile Infrastructure Project

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APPENDIX P
Chumash Fiber Network
Key Information

Project Name Chumash Fiber Network
Applicant Name Santa Ynez Band of Chumash Indians
Community Names
Tribal Lands of the Santa Ynez Band of
Chumash Indians (Chumash)
County Santa Barbara County
County Allocation $15,870,746
Project Size (in square miles) 6
Maximum Download/Upload speed 5/5 Gbps
Lowest cost plan (non-income qualified) $40/month for 100/100 Mbps Low-income plan Yes, $40/month for 100/100 Mbps
Low-cost plan Yes, $40/month for 100/100 Mbps
LifeLine Participation Yes
Percent Disadvantaged Communities 100 percent
Percent Low-Income Areas 100 percent
Median Household Income (weighted) $64,284
Area Households 320
Area Population 853
Estimated locations within 1000 feet of the
project area (location passings) 400
Estimated units within 1000 feet of the project
area (unit passings) 598
Unserved locations proposed to be served by
the project 193
Unserved locations in the project area 114
Unserved units in the project area 186
Estimated unserved population in the project
area 409
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 59

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 131
Community Anchor Institutions benefitting from
the project 4
Public safety locations benefitting from the
project 2
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $4,707,693
Deployment Schedule 12 Months
Total Project Cost $6,395,713
Amount of FFA grant funds requested $4,707,693
Applicant funded $1,688,020
Grant (excluding middle mile) per unserved unit
in the project area $25,310
Grant (excluding middle mile) per unit passing $7,872

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Map of Chumash Fiber Network

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APPENDIX Q
Terra Bella
Key Information

Project Name Terra Bella
Applicant Name VARCOMM Broadband Incorporated
Community Names Terra Bella
County Tulare County
County Allocation $45,128,425
Project Size (in square miles) 28
Maximum Download/Upload speed 1/1 Gbps
Lowest Cost plan (non-income qualified) $40/month for 50/20 Mbps Low-income plan No
Low-cost plan Yes, $40/month for 50/20 Mbps
LifeLine Participation Yes
Percent Disadvantaged Communities 100 percent
Percent Low-Income Areas 100 percent
Median Household Income (weighted) $50,720
Area Households 1,597
Area Population 5,827
Estimated locations within 1000 feet of the
project area (location passings) 1,405
Estimated units within 1000 feet of the project
area (unit passings) 1,788
Unserved locations proposed to be served by
the project 1,312
Unserved locations in the project area 1,281
Unserved units in the project area 1,604
Estimated unserved population in the project
area 5,524
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 194

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 517
Community Anchor Institutions benefitting from
the project 16
Public safety locations benefitting from the
project 2
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $10,055,847
Deployment Schedule 24 Months
Total Project Cost $10,055,847
Amount of FFA grant funds requested $10,055,847
Applicant funded $0
Grant (excluding middle mile) per unserved unit
in the project area $6,269
Grant (excluding middle mile) per unit passing $5,624

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Map of Terra Bella

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APPENDIX R
Tulare Agriculture County
Key Information
Project Name Tulare Agriculture County
Applicant Name
Comcast Cable Communications Management,
LLC
Community Names
Alpaugh, Cutler, Dinuba, Earlimart, Kingsburg,
Pixley, Sultana, Traver, Tulare, Visalia, Tipton
County Tulare County
County Allocation $45,128,425
Project Size (in square miles) 53
Maximum Download/Upload speed 1,250/1,250 Mbps
Lowest cost plan (non-income qualified)
$29.95/month for 100/20 Mbps or $9.95/month
for 50/10 Mbps (below 50/20 standard)32
Low-income plan Yes, $9.95/month for 50/10 Mbps
Low-cost plan Yes, $40/month for 100/100 Mbps33
LifeLine Participation No
Percent Disadvantaged Communities 100 percent
Percent Low-Income Areas 93 percent
Median Household Income (weighted) $41,827
Area Households 9,089
Area Population 34,887
Estimated locations within 1000 feet of the
project area (location passings) 7,796
Estimated units within 1000 feet of the project
area (unit passings) 10,136
Unserved locations proposed to be served by
the project 6,775
Unserved locations in the project area 6,140

32 In its Application for this project, Comcast sought confidential treatment of, among other things, this price and speed pursuant to the CPRA, Public Utilities Code § 583, and G.O. 66-D. As an express requirement to receive this proposed public grant, this information does not qualify as a trade secret, and the public interest in its disclosure outweighs the public interest in its nondisclosure.
33 In its Application for this project, Comcast sought confidential treatment of, among other things, this price and speed pursuant to the CPRA, Public Utilities Code § 583, and G.O. 66-D. As an express requirement to receive this proposed public grant, this information does not qualify as a trade secret, and the public interest in its disclosure outweighs the public interest in its nondisclosure.

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CD/CJ2
R-2
Unserved units in the project area 7,908
Estimated unserved population in the project
area 28,902
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area 928
Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area 2,696
Community Anchor Institutions benefitting from
the project 86
Public safety locations benefitting from the
project 13
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $26,577,050
Deployment Schedule 18 Months
Total Project Cost $33,368,018
Amount of FFA grant funds requested $26,577,050
Applicant funded $6,790,968
Grant (excluding middle mile) per unserved unit
in the project area $3,361
Grant (excluding middle mile) per unit passing $2,622

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CD/CJ2
R-3
Map of Tulare Agriculture County

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CD/CJ2
S-1

APPENDIX S
California Public Utilities Commission
Federal Funding Account, Last Mile Program
Guidance to Staff Regarding

CONSENT FORM
Acknowledgement and Acceptance of Terms

Awardee Name: _______________________________________

Key Project Contact: _________________________________________

The Awardee identified above acknowledges receipt of the California Public Utilities Commission Resolution or Award Letter and agrees to comply with all grant terms, conditions, and requirements set forth in the Resolution or Award Letter including those in the Federal Funding Account, Last Mile Program Rules. Awards are contingent on available state budget appropriations funding and may be subject to Budget Letter 24-07.34

Undersigned representative of __________________________________ [Name of Awardee] is duly authorized to execute this Consent Form on behalf of the Awardee and to bind the Awardee to the terms, conditions, and requirements set forth in California Public Utilities Commission Resolution or Award Letter and those in the Federal Funding Account, Last Mile Program Rules.

Dated this _____ day of _____________, 20____.

Signature of Awardee Representative: _____________________________________________________

Title __________________________________________________________

Printed Name __________________________________________________

Name of Business, Organization, Local Agency or Tribe:
______________________________________________________________

Business Address (include street address, suite/apt. number, city, state, and ZIP Code):
___________________________________________________________________________

Telephone Number: ________________________________

Email Address: _____________________________________

34 Department of Finance Budget Letter 24-07, “Onetime Appropriation(s) Expenditure Freeze Pursuant to Section 21 of the Budget Act of 2023 (As Amended by Section 74 of AB 106 (Chapter 9, Statutes of 2024)),” available at: https://dof.ca.gov/wp-content/uploads/sites/352/2024/04/BL-24-07.pdf

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1 California Public Utilities Commission
505 Van Ness Ave., San Francisco

_________________________________________________________________________________

FOR IMMEDIATE RELEASE PRESS RELEASE
Media Contact: Terrie Prosper, 415.703.1366, [email protected] Docket #s: Res T-17833; Res T-17835

CPUC Awards $237 Million in Grants for
Broadband Projects Across California

This brings the total amount in grants awarded and recommended to $434 million for projects in 22 counties

SAN FRANCISCO, Aug. 22, 2024 – The California Public Utilities Commission (CPUC) today approved $237 million in third and fourth round grants for last mile broadband projects as part of the $2 billion Last Mile Federal Funding Account Grant Program. This program expands broadband internet access for underserved and unserved communities across California. This continues a rolling process of awards and recommendations, highlighting the state’s commitment to bridging the digital divide through Broadband For All

Continuing to invest where it matters most
Many awardees are creating new networks, connecting the next generation to education, improving access to healthcare, and empowering rural communities for economic development and emergency connectivity. Combined, these proposed projects will serve predominantly disadvantaged and low-income communities across the state.

Today’s awardees include:
 $95 million for 10 Last Mile Federal Funding Account broadband infrastructure grant projects in Alpine, Modoc, Riverside, Santa Barbara, and Tulare counties. This includes grants to two tribes— the Fort Bidwell Indian Community in Modoc County and the Santa Ynez Band of Chumash Indians in Santa Barbara County.

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2  $142 million for 11 Last Mile Federal Funding Account broadband infrastructure grant projects in Mono, Nevada, Placer, Riverside, Sacramento, San Bernardino, and San Mateo counties. This includes a grant to the Colorado River Indian Tribes in Riverside and San Bernardino counties.

Currently, the total amount in grants recommended and awarded is $434 million for projects in 22 counties. For a full list of recommendations and awards to date, visit the CPUC’s Federal Funding Account Recommendations and Awards webpage.

“These broadband projects put state and federal funds to work, bolstering our economy, building durable infrastructure, and generating quality jobs,” said CPUC President Alice Reynolds. “This infrastructure will meet the work, education, healthcare, public safety, and social needs of Californians well into the future, bringing us closer to achieving our Broadband For All objectives.”

“These Federal Funding Account grants are an important step to help close the digital divide in rural and urban communities who do not have access or have substandard access to fast and reliable broadband service,” said Commissioner Darcie L. Houck. “I am excited to support these grants as we take another critical step to ensure broadband for all Californians so everyone can participate in work, school, and daily life.”

Grant recipients empower their communities – What they are saying

 Fort Bidwell Indian Community:
o “The Gidutikad Band of Northern Paiutes-Fort Bidwell Indian Community (FBIC) fiber-to-the-home project will provide high-speed broadband to homes and businesses in Fort Bidwell, Lake City, and Cedarville, with a middle-mile component interconnecting each town. FBIC will be working with EnerTribe Inc., a Native American owned company to bring advanced technology and infrastructure to the communities. By enhancing connectivity, we are opening new doors for our tribal members, providing greater access to education,

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3 healthcare, and economic opportunities. This initiative is more than just an infrastructure upgrade; it is a profound commitment to the well-being and progress of the entire community.” – Tribal Chairman, Gidutikad Band of Northern Paiutes, Germain Ruvalcaba
 GSCA Alpine County:
o “Broadband is the backbone of modern society, enabling everything from remote learning to telehealth services. On behalf of both GSCA and Alpine County, I would like to express our deepest gratitude for this grant award. These funds will enable us to provide high-speed internet to residents who have been without this essential service for far too long, which will have a profound and lasting impact on our community’s future.” - GSCA Vice President and Alpine County Supervisor, David Griffith

 City of Indio:
o “The City of Indio is excited to receive a grant award from Federal Funding Account. The grant will enable the City of Indio to bring last mile fiber connectivity to our unserved and underserved communities. This transformative investment in our city’s infrastructure will bridge the digital divide, ensuring that all our residents have access to the high-speed internet they need for education, healthcare, and economic opportunity. This is a significant step towards a more connected and prosperous future for everyone in our city.” - City of Indio Director of Information Technology, Ian Cozens

 Tulare County Board of Supervisors:
o “I’m thankful for both the CPUC and Comcast for their continued commitment and investments to bridging the digital divide in Tulare County. High-speed, reliable internet is no longer a luxury. This investment will provide more than 6,200 unserved homes and businesses in our communities with an accessible and affordable internet connection to help families succeed, students thrive in school,

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4 businesses drive economic growth, and foster greater innovation throughout the region.” - Chair of the Tulare County Board of Supervisors, Larry Micari  Comcast:
o “Comcast is proud to partner with the CPUC to bring reliable, high-speed internet access to several communities across Tulare County by early 2026. By continuing to invest in public-private partnerships such as this, Comcast will bring our best- in-class broadband services to previously unserved locations and help ensure that no one is left behind, no matter their economic status or where they live.” - Regional Senior Vice President of Comcast, David Tashjian

 AT&T:
o “We’re proud to receive three grant awards from the CPUC to expand broadband access in Riverside County. Through this public-private partnership, more Riverside County homes and businesses will benefit from having access to high- speed broadband to connect with friends, colleagues, and family members.” – President of AT&T California and Pacific States, Marc Blakeman

Awarding grants throughout California
Today’s approval is part of a process to award last mile broadband grants to projects in every region in the state to established internet service providers, small providers, local governments, tribes, and special districts. Draft Resolutions with award recommendations will be released through the summer and early fall, each open for public comment. These recommendations will be considered and must be approved by vote at a public CPUC Voting Meeting.

For more information, including the grants approved today, please visit the CPUC’s Federal Funding Account Recommendations and Awards webpage.

Future application windows will be announced as funds are appropriated.

Fueling economic growth statewide

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5 Established under Senate Bill 156 (2021), the CPUC’s Last Mile Federal Funding Account is fueling economic growth across rural, tribal, and urban communities statewide.

Since the initial round of applications closed in September 2023, the CPUC has received and reviewed 484 grant applications from every county in the state, totaling more than $4.6 billion in requests. This overwhelming response highlights the urgent need for and the opportunity to expand internet access across California.

In addition to the Last Mile Federal Funding Account, the CPUC is investing in a suite of programs in the state’s efforts in connecting millions of Californians with reliable, affordable high-speed internet, including the California Broadband Equity, Access, and Deployment (BEAD) Program and the California Advanced Services Fund (CASF). ###

About the California Public Utilities Commission
The CPUC regulates services and utilities, protects consumers, safeguards the environment, and assures Californians access to safe and reliable utility infrastructure and services. Visit www.cpuc.ca.gov for more information.

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Accept the Federal Funding Account Last Mile Fiber Grant in the Amount o... Page 254 of 414 City of Indio
City Council
October 2, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan White, Fire Chief
Subject: Resolution No. 10469 acknowledging receipt of a report made by the Fire Chief the with compliance regarding annual Fire Indio of Department inspection of certain identified occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.

RECOMMENDATION:

Adopt Resolution No. 10469 acknowledging receipt of a report made by the Fire Chief of Indio Fire Department regarding compliance with the annual inspection of certain identified occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.

SUMMARY:

Senate Bill (SB) 1205 was approved on September 27, 2018, which requires annual reporting to the City Council on fire departments compliance of state mandated inspections of certain occupancies.

In accordance with California Health and Safety Codes 13146.2, 13146.3, and 13146.4 all identified occupancy’s have been inspected.

BACKGROUND INFORMATION:

California Health and Safety Code Sections 13145 and 13146 mandate City and County Fire Departments to enforce building standards adopted by the State Fire Marshal. Included in these standards are requirements for annual inspections of identified hotels, motels, lodging house, and apartment houses, as well as identified private and public schools.

In September 2018, the State of California approved SB 1205 adding Health and Safety Code Section 13146.4 which became effective on January 1, 2019, requiring City and County Fire Departments to report annually to its administering authority or City Council, a State Mandate Compliance report.

California Health & Safety Code Section 13146.2 and 13146.3 requires all fire departments, including perform to services protection fire Fire that Department, Indio the annual provide inspections in every building identified as a public or private school, hotel, motel, lodging house, apartment house, and certain identified residential care facilities for compliance with the building standards, known as “E” occupancies and “R” occupancies. The Indio Fire Department identified and inspected 35 “E” occupancies and 123 “R” occupancies during the reporting period of July 1, 2023, through June 30, 2024.

AGENDA ITEM #11.13
Resolution No. 10469 acknowledging receipt of a report made by the Fire ... Page 255 of 414 As required by the Health and Safety, the Indio Fire Department is required to provide its report and in turn, the City Council is required to acknowledge receipt of the Indio Fire Department’s report and its compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

ATTACHMENTS:

Attachment 1 - Resolution No. 10469 - FY24' Fire Report Attachment 2 - Senate Bill No. 1205

APPROVAL(S):

Matthew Griffith, Assistant Fire Marshal Approved - 27 Sep 2024

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Resolution No. 10469 acknowledging receipt of a report made by the Fire ... Page 256 of 414 1 RESOLUTION NO. 10469

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT BY THE

INDIO FIRE CHIEF REGARDING COMPLIANCE WITH THE ANNUAL

INSPECTION OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS
13146.2 and 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE

WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018 and became effective on January 1, 2019; and
WHEREAS, fire protection services are provided to the City of Indio by the County of Riverside, through its Cooperative Fire Program Fire Protection Reimbursement Agreement with the California Department of Forestry and Fire Protection and as used herein shall be referred to as the “Indio Fire Department”; and WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including Indio Fire Department, that provide fire protection services, to report annually to its administering authority on its compliance with Health & Safety Code Sections 13146.2 and 13146.3; and
WHEREAS, California Health & Safety Code Section 13146.2 and 13146.3 requires all fire departments, including Indio Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided (“Inspections”); and WHEREAS, the Indio Fire Department has conducted the Inspections for the period covering July 1, 2023, through June 30, 2024; and WHEREAS, the Council of the City of Indio intends this Resolution to fulfill the requirements of the California Health & Safety Code 13146.4 regarding acknowledgment of Indio Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY INDIO HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. The Indio Fire Department has reported to the City Council that it has completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Indio for the time period of July 1, 2023 to June 30, 2024.

Group E occupancies, for the purposes of this Resolution, are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade.

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Resolution No. 10469 acknowledging receipt of a report made by the Fire ... Page 257 of 414 2 Section 3. The Indio Fire Department has reported to the City Council that is has completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or facilities in the City of Indio for the time period of July 1, 2023 to June 30, 2024. Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, c ognitive disabilities, etc. The residents may also be non-ambulatory or bedridden.

Section 4. The Indio City Council hereby expressly acknowledges the measure of compliance of Indio Fire Department with Health and Safety Code sections 13146.2 and 13146.3 in the City of Indio for the time period of July 1, 2023 to June 30, 2024, as described in Sections 2 and 3 of this Resolution.

Section 5. This Resolution shall become effective immediately upon its adoption.

Section 6. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 6th day of November 2024.

____________________________

LUPE RAMOS AMITH
MAYOR

ATTEST:

____________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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Resolution No. 10469 acknowledging receipt of a report made by the Fire ... Page 258 of 414 ?»\33%Am,
/ LEGISLATIVEINFORMATION
3,".,,4°,m3m,nCalilomiaLawPublicationsOtherResourcesMySubscriptionsMyFavoriies SB-1205Fireprotectionservices:inspections:compliancereporting.(?.017~2G1?) SHARETHIS:
.- DIMPublished:O9/27/301!09:00PM
SenateBillNo.1205
CHAPTER854
AnacttoaddSection13146.4totheHealthandSafetyCode,relatingto?reprotection. [ApprovedbyGovernorSeptember27,2018.FiledwithSecretaryofStateSeptember27,2018.1LEGISLATIVECOUNSEI.'SDIGEST SB1205,Hill.Fireprotectionservices:inspections:compliancereporting.

Existinglawrequiresthechiefofanycityorcountyfiredepartmentordistrictprovidingfireprotectionservicesandhisorherauthorizedrepresentativestoinspecteverybuildingusedasapublicorprivateschoolwithinhisorher)l.lrlSdiCll0l'I,forthepurposeofenforcingspeci?edbuildingstandards,notlessthanonceeachyear,asprovided.Existinglawrequireseverycityorcounty?redepartmentordistrictproviding?reprotectionservicesthatisrequiredtoenforcespeci?edbuildingstandardstoannuallyinspectcertainstructures,includinghotels,motels,lodginghouses,andapartmenthouses,forcompliancewithbuildingstandards,asprovided.Thisbillwouldrequireeverycityorcountyfiredepartment.cityandcountyfiredepartment,ordistrictrequiredtoperformtheabove-describedinspectionstoreportannuallytoisadministeringauthority,asde?ned,onthedepartment'sordistrict'scompliancewiththeabove-describedinspectionrequirements,asprovided.Thebillwouldrequiretheadministeringauthoritytoacknowledgereceiptofthereportinaresolutionorasimilarformaldocument.Totheextentthisbillwouldexpandtheresponsibilityofalocalagency,thebillwouldcreateastate-mandatedlocalprogram.

TheCaliforniaConstitutionrequiresthestatetoreimburselocalagenciesandschooldistrictsforcertaincostsmandatedbythestate.Statutoryprovisionsestablishproceduresformakingthatreimbursement.Thisbillwouldprovidethat,iftheCommissiononStateMandatesdeterminesthatthebillcontainscostsmandatedbythestate,reimbursementforthosecostsshallbemadepursuanttothestatutoryprovisionsnotedabove.

V ote:majorityAppropriation:noFiscalCommittee:yesLocalProgram:yes THEPEOPLEOFTHESTATEOFCALIFORNIADOENACTASFOLLOWS:SECTION1.Section13146.4I5addedtotheHealthandSafetyCode,toread:
13146.4.(a)Everycityorcountyfiredepartment,cityandcounty?redepartment,ordistrictrequiredtoperformanannualinspectionpursuanttoSections13146.2and13146.3shallreportannuallytoitsadministeringauthorityonitscompliancewithSections13146.2and13146.3.(b)Thereportmadepursuanttosubdivision(a)shalloccurwhentheadministeringauthoritydiscussesisannualbudget,oratanothertimedeterminedbytheadministeringauthority.

Page 5 of 6 ends

Resolution No. 10469 acknowledging receipt of a report made by the Fire ... Page 259 of 414 (c)Theadministeringauthorityshallacknowledgereceiptofthereportmadepursuanttosubdivision(a)inaresolutionorasimilarformaldocument.(d)Forpurposesofthissection,"administeringauthority"meansacitycouncil,countyboardofsupervisors,ordistrictboard,asthecasemaybe.SEC.2.IftheCommissiononStateMandatesdeterminesthatthisactcontainscostsmandatedbythestate,reimbursementtoiocaiagencies-andschooldistrictsforthosecostsshallbemadepursuanttoPart7(commencingwithSection17500)ofDivision4ofTitle2oftheGovernmentCode.

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Resolution No. 10469 acknowledging receipt of a report made by the Fire ... Page 260 of 414 City of Indio
City Council
October 2, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Visyak, Emergency Operations Center Manager Subject: Resolution No. 10468 Adopting the City of Indio 2023 Local Hazard Mitigation Plan.

RECOMMENDATION:

Adopt Resolution No. 10468 Adopting the City of Indio Local Hazard Mitigation Plan Annex from the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan.

SUMMARY:

The City of Indio is committed to ensuring the safety and well-being of its residents by continuously maintaining and updating its disaster-mitigation strategies. The City of Indio Local Hazard Mitigation Plan (LHMP) identifies hazards specific to the City, assesses the impact of past disaster events, estimates the likelihood of future occurrences, and sets forth goals to reduce or eliminate risks to people and property from natural and man-made hazards. This plan was prepared in accordance with the Disaster Mitigation Act of 2000 to ensure eligibility for potential mitigation funding through Federal Mitigation Flood including programs, the Agency Management Emergency (FEMA) was plan The Programs. Grant Hazard and Mitigation, Pre-Disaster Assistance, Mitigation completed in 2024 and submitted to the Riverside County Office of Emergency Services, which included it as part of the multi-jurisdictional LHMP submitted to FEMA for review. FEMA has conditionally approved Indio's LHMP with no changes. The final step for federal approval requires the City to formally adopt the plan. Staff recommends adoption of the resolution to secure FEMA's final approval.

BACKGROUND INFORMATION:

The City of Indio's Local Hazard Mitigation Plan is a proactive approach to identifying and mitigating risks associated with both natural and human-made hazards. This plan aligns with the broader Riverside County Operational Area Multi-Jurisdictional LHMP, ensuring regional coordination in disaster preparedness and response.

Key components of the plan include:

•Identification of local hazards, including earthquakes, floods, and wildfires. •Assessment of past disaster impacts on the community.
•Establishment of goals and strategies to mitigate potential future risks. •Coordination with local and regional agencies for an integrated response.

AGENDA ITEM #11.14
Resolution No. 10468 Adopting the City of Indio 2023 Local Hazard Mitiga... Page 261 of 414 Formal adoption of the plan will allow the City to pursue future federal and state disaster mitigation funding and ensure compliance with FEMA requirements.

ATTACHMENTS:

Attachment 1 - Resolution No. 10468 - Local Hazard Mitigation Plan Attachment 2 - FEMA Approval Pending Adoption Letter
Attachment 3 - City of Indio 2023 LHMP

APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 26 Sep 2024

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Resolution No. 10468 Adopting the City of Indio 2023 Local Hazard Mitiga... Page 262 of 414 1 RESOLUTION NO. 10468

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO

CALIFORNIA ADOPTING THE INDIO LOCAL HAZARD MITIGATION

PLAN FROM THE RIVERSIDE COUNTY OPERATIONAL AREA MULTI-

JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN AS REQUIRED

BY THE FEDERAL DISASTER MITIGATION AND COST RECOVERY
ACT OF 2000.

WHEREAS, President William J. Clinton signed H.R.707, the Disaster Mitigation and Cost Reduction Act of 2000 into law on October 30, 2000; and, WHEREAS, the Disaster Mitigation Act of 2000 requires all jurisdictions to be covered by a Local Hazard Mitigation Plan to be eligible for Federal Emergency Management Agency post-disaster funds; and,
WHEREAS, the City of Indio has committed to participating in the development of the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan; and,
WHEREAS, the City of Indio coordinated the development of its Local Hazard Mitigation Plan; and,
WHEREAS, the City of Indio is concerned about mitigating potential losses from natural disasters before they occur; and,
WHEREAS, the plan identifies potential hazards, potential losses, and potential mitigation measures to limit losses; and,
WHEREAS, formal adoption of the plan by the Indio City Council is required before final approval of the plan can be obtained from the Federal Emergency Management Agency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

Section 1. The City of Indio hereby adopts the Local Hazard Mitigation Plan annex to meet the requirements of the Disaster Mitigation and Cost Reduction Act of 2000; and directs the City Manager to forward the Local Hazard Mitigation Plan to the Riverside County Emergency Management Department, the California Governor’s Office of Emergency Services, and to the Federal Emergency Management Agency on behalf of the City of Indio for final approval.

Section 2. The City Council finds and determines that the recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.

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Resolution No. 10468 Adopting the City of Indio 2023 Local Hazard Mitiga... Page 263 of 414 2 Section 3. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction or contravened by any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid.

Section 4. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 2nd day of October 2024. ___________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
______________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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Resolution No. 10468 Adopting the City of Indio 2023 Local Hazard Mitiga... Page 264 of 414 U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607-4052

www.fema.gov

August 28, 2024

Brian MacGavin
Program Director
County of Riverside Emergency Management Department
450 E Alessandro Blvd,
Riverside, CA 92508

Dear Brian MacGavin:

The County of Riverside Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan 2023 has been amended to include the City of Indio as official planning participant. This jurisdiction must submit their adoption resolution to FEMA in order to be considered fully approved.

FEMA’s approval of the County of Riverside Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan 2023 remains for a period of five years from the original approval date of April 18, 2023, for all approved participants. An updated list of the status of current participating jurisdictions is enclosed with this letter.

Prior to April 18, 2028, Riverside County and all participating jurisdictions are required to review and revise the plan to reflect changes in development, progress in local mitigation efforts, and changes in priorities, and resubmit it for approval in order to continue to be eligible for mitigation project grant funding.

The continued approval of this plan ensures Riverside County and all participating jurisdictions’ continued eligibility for project grants under FEMA’s Hazard Mitigation Assistance programs, including the Hazard Mitigation Grant Program, Building Resilient Infrastructure and Communities Program, and Flood Mitigation Assistance Program. All requests for funding, however, will be evaluated individually according to the specific eligibility, and other requirements of the particular program under which applications are submitted.

If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected] .

Sincerely,

for: Alison Kearns
Planning and Implementation Branch Chief
Mitigation Division
FEMA Region 9

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Resolution No. 10468 Adopting the City of Indio 2023 Local Hazard Mitiga... Page 265 of 414 Riverside County Hazard Mitigation Plan Amendment Notice August 28, 2024

Page 2 of 3 ends

www.fema.gov

Enclosures (2)
Riverside County Annex Review Tool, dated August 28, 2024 Status of Participating Jurisdictions, dated August 28, 2024

cc: Robyn Fennig, Planning Division Chief, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services

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Resolution No. 10468 Adopting the City of Indio 2023 Local Hazard Mitiga... Page 266 of 414 Riverside County Hazard Mitigation Plan Amendment Notice August 28, 2024

Page 3 of 3 ends

www.fema.gov

Status of Participating Jurisdictions as of August 28, 2024

Jurisdictions – Adopted and Approved

1 Riverside County April 4, 2023
2 Morongo Band of Mission Indians January 16, 2024
3 City of Banning June 25, 2024
4 City of Beaumont December 19, 2023
5 City of Calimesa April 1, 2024
6 City of Coachella February 28, 2024
7 City of Eastvale October 25, 2023
8 City of Lake Elsinore June 11, 2024
9 City of Indian Wells February 15, 2024
10 City of Jurupa Valley October 19, 2023
11 City of Moreno Valley May 16, 2023
12 City of Palm Desert June 26, 2024
13 City of Palm Springs March 28, 2024
14 City of Perris April 9, 2024
15 City of Temecula July 11, 2023
16 City of Norco January 17, 2024
17 City of Wildomar December 13, 2023
18 Beaumont Unified School District September 7, 2023
19 Rancho California Water District November 9, 2023
20 Twenty-Nine Palms Band of Mission Indians July 12, 2024 21 Hemet Unified School District April 16, 2024
22 Western Municipal Water District February 1, 2023

Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 San Jacinto Unified School District
2 City of La Quinta
3 City of Corona
4 City of Riverside
5 City of Rancho Mirage
6 City of Indio

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Resolution No. 10468 Adopting the City of Indio 2023 Local Hazard Mitiga... Page 267 of 414

Page 8 of 71 ends

Resolution No. 10468 Adopting the City of Indio 2023 Local Hazard Mitiga... Page 268 of 414 1 LOCAL HAZARD MITIGATION PLAN

CONTACT INFORMATION

CITY OF INDIO
Name:Scott Visyak
Title:Emergency Operations Center Manager
Address:100 Civic Center Mall
City, State and Zip Code:Indio, CA 92201
Direct Contact:(760) 541-4298
Email: [email protected]

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Disclaimer:

During the process of formulating the Local Hazard Mitigation Plan (LHMP), it is noteworthy that a transition occurred within the Emergency Operations Manager position at the City of Indio.

This transition prompted the County of Riverside to step in and provide a briefing to the newly appointed Emergency Operations Manager concerning the ongoing status of the LHMP process.

However, it is important to acknowledge that such transitions can sometimes lead to a temporary disconnect in information transfer. Consequently, there may be instances where certain information related to the LHMP process might not be readily available due to this transitional phase. We are actively working to bridge any gaps and ensure the continuity of the LHMP development process.

In the capacity of the Emergency Operations Manager at the City of Indio, it is important to convey that the information and data furnished by the Southern California Association of Governments (SCAG) has encountered limitations in its currency. Specifically, the data available from SCAG has not been updated since the year 2018, a situation attributed to the unprecedented disruption caused by the global pandemic. The emergence of the pandemic rendered the collection and dissemination of accurate, up-to-date data a challenging endeavor.

In light of this, our team proactively engaged with a representative from SCAG, Ms. Anita Au, to gain insights into the situation. Ms. Au confirmed that the organization faced constraints in compiling comprehensive and current data during the pandemic period, which in turn affected the available information.

Acknowledging the significance of robust and recent data in our endeavors, we took proactive measures to ensure the adequacy of our statistics. To address the data gap, we conducted meticulous research and analysis, drawing from alternative sources such as the US Census Bureau. This approach allowed us to supplement the SCAG data with comparable statistics, ensuring the completeness and accuracy of the information presented in this document.

As we navigate the challenges posed by the pandemic's aftermath, our commitment to providing reliable and relevant information remains unwavering. We understand the critical role accurate data plays in our emergency preparedness and mitigation efforts, and we are dedicated to ensuring that our decision-making processes are well-informed and supported by the most reliable information available.

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PLAN ADOPTION/RESOLUTION
The City of Indio will submit plans to the Riverside County Emergency Management Department which will forward to the California Governor’s Office of Emergency Services (CAL OES) for review prior to being submitted to the Federal Emergency Management Agency (FEMA). In addition, we will wait to receive an “Approval Pending Adoption” letter from FEMA before taking the plan to our local governing bodies for adoption.

Upon approval, the City of Indio will insert the signed resolution.

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EXECUTIVE SUMMARY
The purpose of this local hazard mitigation plan is to identify the County’s hazards, review and assess past disaster occurrences, estimate the probability of future occurrences and set goals to mitigate potential risks to reduce or eliminate long-term risk to people and property from natural and man-made hazards.

The plan was prepared pursuant to the requirements of the Disaster Mitigation Act of 2000 to achieve eligibility and potentially secure mitigation funding through Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance, Pre-Disaster Mitigation, and Hazard Mitigation Grant Programs.

Riverside County's continual efforts to maintain a disaster-mitigation strategy are ongoing. Our goal is to develop and maintain an all-inclusive plan to include all jurisdictions, special districts, businesses and community organizations to promote consistency, continuity and unification.

The County’s planning process followed a methodology presented by FEMA and CAL-OES which included conducting meetings with the Operational Area Planning Committee (OAPC) coordinated by Riverside County Emergency Management Department (EMD) comprised of participating Federal, State and local jurisdictions agencies, special districts, school districts, non-profit communities, universities, businesses, tribes and general public.

The plan identifies vulnerabilities, provides recommendations for prioritized mitigation actions, evaluates resources and identifies mitigation shortcomings, provides future mitigation planning and maintenance of existing plan.

Upon obtaining FEMA's endorsement, the plan will be poised for implementation. Moreover, it is important to note that the City of Indio is actively participating in the Riverside County 2023 Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), further underscoring our commitment to a comprehensive and collaborative approach to hazard mitigation.

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TABLE OF CONTENTS
Table of Contents
CONTACT INFORMATION .........................................................................................................................1 Disclaimer: ...................................................................................................................................................2 PLAN ADOPTION/RESOLUTION ...............................................................................................................3 TABLE OF CONTENTS...............................................................................................................................5 SECTION 1.0 - COMMUNITY PROFILE .....................................................................................................6

1.1 CITY MAP ..................................................................................................................................6

1.2 GEOGRAPHY AND CLIMATE DESCRIPTION .........................................................................8

1.3 BRIEF HISTORY .......................................................................................................................8

1.4 ECONOMY DESCRIPTION.......................................................................................................9

1.5 POPULATION AND HOUSING ..............................................................................................10 SECTION 2.0 - PLANNING PROCESS.....................................................................................................21

2.1 LOCAL PLANNING PROCESS ...............................................................................................21

2.2 PARTICIPATION IN REGIONAL (OA) PLANNING PROCESS...............................................22

2.3 DATES AVAILABLE FOR PUBLIC COMMENT ......................................................................23

2.4 PLAN MAINTENANCE ............................................................................................................23

2.5 PLANS ADOPTED BY RESOLUTION.....................................................................................25 SECTION 3.0 – HAZARD IDENTIFICATION AND RISK ASSESSMENT .................................................25

3.1 CRITICAL FACILITIES AND INFRASTRUCTURE .................................................................25

3.2 ESTIMATING POTENTIAL LOSS ...........................................................................................27

3.3 TABLE REPLACEMENT VALUES ..........................................................................................28

3.4 IDENTIFICATION OF RISKS AND VULNERABILITIES..........................................................28 SECTION 4.0 – MITIGATION ACTIONS/UPDATES .................................................................................40

4.1 MITIGATION STRATEGIES ....................................................................................................40

4.1.1 MITIGATION GOALS...............................................................................................................40

4.2 LIST OF COUNTY AND CITY HAZARDS ...............................................................................42

4.3 BRIEF STATEMENT OF UNIQUE HAZARDS ........................................................................43

4.4 MITIGATION PROJECT UPDATES .......................................................................................44 SECTION 5.0 – COMMUNITY RATING SYSTEM ....................................................................................47

5.1 REPETITIVE LOSS PROPERTIES .........................................................................................47

5.2 NATIONAL FLOOD INSURANCE PROPERTIES ...................................................................47 SECTION 6.0 - CAPABILITIES ASSESSMENT ........................................................................................47

6.1 REGULATORY MITIGATION CAPABILITIES ........................................................................48

6.2 ADMINISTRATIVE/TECHNICAL MITIGATION CAPABILITIES ..............................................50

6.3 FISCAL MITIGATION CAPABILITIES .....................................................................................51

6.5 FUNDING OPPORTUNITIES ..................................................................................................53 SECTION 7.0 - MITIGATION STRATEGIES .............................................................................................55

7.1 GOALS AND OBJECTIVES.....................................................................................................55

7.2 MITIGATION ACTIONS ...........................................................................................................56

7.3 ON-GOING MITIGATION STRATEGY PROGRAMS ..............Error! Bookmark not defined.

7.4 FUTURE MITIGATION STRATEGIES.......................................Error! Bookmark not defined.

SECTION 8.0 - PLAN IMPLEMENTATION AND MAINTENANCE PROCESS .........................................59 SECTION 9.0 - INCORPORATION INTO EXISTING PLANNING MECHANISMS ...................................59 SECTION 10.0 - CONTINUED PUBLIC INVOLVEMENT..........................................................................60 APPENDIX A – PUBLIC NOTICES AND MAPS........................................................................................62

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SECTION 1.0 - COMMUNITY PROFILE

1.1 CITY MAP

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1.2 GEOGRAPHY AND CLIMATE DESCRIPTION
The City of Indio is a corporate city located in Riverside County, within the Coachella Valley of Southern California's Colorado Desert region, approximately 70 miles east of the County seat (City of Riverside), and 125 miles east of Los Angeles. The City limits encompass approximately 29.2 square miles in area. The City of Indio sits directly adjacent to the City of La Quinta, the City of Coachella and the unincorporated areas of Riverside County. The Union Pacific Railroad, State Highway 111, and Interstate 10 run through the length of the City. The Coachella Valley Water District operates an aqueduct which conveys water from the Colorado River into the Coachella Valley and bisects the City from east to west and north to south.

The climate of the City of Indio is influenced by the surrounding mountain ranges that contribute to the unique year-round warm and dry climate, with some of the warmest winters west of the Rocky Mountains. Indio experiences warm winters and hot summer climates with average annual high temperatures of 89.5 degrees Fahrenheit, and average annual low of 62.1 Fahrenheit. Summer highs above 110 degrees Fahrenheit are common while summer night lows often stay above 90 degrees Fahrenheit. The City of Indio is adjacent to the geologic Salton Sink and within the site of historic Lake Cahuilla.

Indio is an official National Bird Sanctuary, as seasonal bird migration flight routes cross the city en route to and from the Salton Sea.

1.3 BRIEF HISTORY
Indio began as an Indian Village and winter home for Native Americans who regularly migrated from the surrounding mountains in the winter to the palm oases along the San Andreas Fault zone and other locations providing water, vegetation and shelter. The Villages were located throughout the Coachella Valley and along the shores of ancient Lake Cahuilla. The discovery of gold in California in 1848 and the resulting Gold Rush brought a stream of miners and settlers through the Coachella Valley, providing a southern route to California less hazardous than crossing the Sierras. In 1872, Indio was selected as a division point for the Southern Pacific Railroad with the first train arriving in 1876 from Los Angeles and the completed southern transcontinental route in 1877.

Indio's first settlers were mainly railroad employees and local shopkeepers. By 1909, the Indio School census indicated that the school district had 43 families and 82 children within its boundaries. In 1914 the Southern Sierras Power Company completed an electric power line to the Coachella Valley to provide power for pumping water and powering homes. In 1930, Indio became the Coachella Valley's first incorporated city.

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1.4 ECONOMY DESCRIPTION
The Heart of Coachella Valley. With a population surpassing 90,000, Indio holds the distinction of being the valley's largest city. Recognized as the "City of Festivals,"™ Indio boasts a vibrant cultural scene with a plethora of events that attract around 1.5 million visitors annually. The city's appeal is underscored by remarkable attractions and amenities, highlighted by the globally renowned Coachella and Stagecoach Music Festivals.

Indio's allure is heightened by its excellent quality of life, exceptional schools, and affordability. The dedicated City Council has nurtured substantial growth and developmental pursuits within our community. Strategic investments in long-term planning, infrastructure, and properties have ignited a rejuvenation, particularly within Downtown and along the Highway 111 Corridor. The 2040 General Plan, Downtown Specific Plan, and Highway 111 Corridor Specific Plan collectively chart the course for renewed expansion and investment opportunities.
*Economic Demographic Statistics for the City of Indio as Extracted from the 2020 Census With a host of highly acclaimed events that bring culture, music, sports, entertainment and a variety of food to thousands of visitors each year. It is a playground for world-class polo enthusiasts and is a haven for golf and tennis players.

The City of Indio is committed to driving a vital and competitive economy that increases prosperity and quality of life for all of our residents, businesses, and community partners.

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1.5 POPULATION AND HOUSING

1.5.1 POPULATION
The tabulated data presented below showcases a range of pertinent statistics for both the City of Indio and the larger County of Riverside. These statistics have been sourced from the official records of the U.S. Census Bureau website. This information provides valuable insights into the demographic and socioeconomic landscape of both entities, facilitating a comprehensive understanding of their respective profiles.
*Source: U.S. Census Bureau
Category Indio Riverside CountyIndio Relative to Riverside County Population Estimates 91,980 2,473,902 3.7%Population, percent change 3.20% 2.30% 0.9%Persons under 5 years 5.20% 5.80% -0.6%Persons under 18 years 20.90% 24.00% -3.1%Persons 65 years and over 19.60% 15.30% 4.3%Female persons 50.70% 49.70% 1.0%White alone 48.50% 78.40% -29.9%Black or African American alone3.30% 7.50% -4.2%American Indian and Alaska Native alone0.50% 2.00% -1.5%Asian alone 1.90% 7.80% -5.9%Native Hawaiian and Other Pacific Islander alone0.10% 0.50% -0.4%Two or More Races 17.50% 3.90% 13.6%Hispanic or Latino 66.60% 52.00% 14.6%White alone, not Hispanic or Latino27.10% 31.30% -4.2%Owner-occupied housing unit rate70.60% 68.10% 2.5%Median value of owner-occupied housing units$311,700 $390,400 -$78,700Households 34,458 740,506 4.7%Persons per household 2.54 3.2 -1In civilian labor force 59.50% 60.00% -0.5%Mean travel time to work 22.9 34 -11Median household income $59,399 $76,066 -$16,667Population per square mile 2,682.70 335.4 2,347

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Between 2000 and 2020, the total population of the City of Indio increased by 49,116 to 91,980.

During this 20-year period, the City’s population growth rate of 53.4 percent reached an all-time high. Further, 3.7 percent of the total population of Riverside County is in the City of Indio (U.S.

Census Bureau 2020).
*Source: U.S. Census Bureau

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Between 2000 and 2020, the age group 65+ has remained on average the largest portion of the population. The age group that experienced the greatest decline, by share, was age group 0-4, decreasing from 11 to 5 percent (Southern California Association of Governments, May 2019, U.S. Census Bureau).

*Source: U.S. Census Bureau
There has been a noticeable shift in age distribution over the years. In 2000, the largest age group was 5-20, but by 2010, the 21-34 age group became the largest. In 2020, the 35-54 age group emerged as the largest, indicating a trend towards an aging population.(Southern California Association of Governments, May 2019, U.S. Census Bureau).

*Source: U.S. Census Bureau

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The provided data presents the percentage of Indio's population that identifies as Hispanic or Latino of any race for the years 2000, 2010, 2018, and 2020. Analyzing this data reveals the following trend: Over the years from 2000 to 2020, there has been a consistent decline in the percentage of the population that identifies as Hispanic or Latino of any race. This decline is reflected in the decreasing percentages from 75.4% in 2000 to 66.6% in 2020. *Source: U.S. Census Bureau, 2020
The data provided presents the percentage of the Non-Hispanic white population in Indio over a period of two decades. In the year 2000, this population group constituted 19.5% of the total, and by 2010, it had increased to 27.0%. While there was a slight decrease to 26.4% in 2018, the percentage saw a slight rise to 27.1% in 2020. This information indicates fluctuations in the proportion of Non-Hispanic white residents in Indio, with a general trend of moderate increase from 2000 to 2010, followed by some variability in the subsequent years.

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The provided data represents the percentage of the Non-Hispanic Asian population in Indio across a span of two decades. In the year 2000, this group accounted for 1.3% of the total population. Over the next decade, there was an increase to 1.9% in 2010. By 2018, there was a further increase to 2.4%, but this percentage slightly decreased to 1.9% in 2020. This information shows fluctuations in the proportion of Non-Hispanic Asian residents in Indio, with a notable increase between 2000 and 2018, followed by a slight decrease in 2020.

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The provided data illustrates the percentage of the Non-Hispanic African American population in Indio over a 20-year period. In the year 2000, this demographic constituted 2.4% of the total population. However, there was a slight decrease to 2.0% by the year 2010. This trend reversed in 2018, as the percentage increased again to 2.4%. The most significant change occurred in 2020, when the percentage of Non-Hispanic African American residents surged to 3.3%. This data indicates variations in the proportion of Non-Hispanic African American residents in Indio, with an increase in the most recent years compared to the earlier part of the 2000s.

1.5.2 DEVELOPMENT TRENDS AND LAND USE
Since the plan cycle there have been significant changes in development. The new Public Safety Center Campus just recently completed Phase 1 and opened the new building for Indio Police Departments Dispatch Center, Records & Evidence and Investigations Bureau as well as the new Headquarters Fire Station.

The Community Development Department processes development proposals through the entitlement process, maintains the City of Indio General Plan 2040 and its implementation via specific plans, zone text, subdivision map act, capital improvement planning and environmental regulations and various other entitlement processes. It assists with redevelopment and participates in certain regional activities.

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The Department reviews all building plans, performs all building inspections for compliance with approved plans, city, county, and state codes as well as all current building regulations adopted by the City.

The City of Indio has an Industrial and Manufacturing Fast Track policy. Under this policy, industrial and manufacturing projects can be approved in as little as 45 days.

All projects can be found on the development dashboard page of the City of Indio webpage. Do to the above measures, there have been no increases to the community’s vulnerability.

1.6 Climate
In the City of Indio, our climate exhibits distinctive characteristics throughout the seasons. Summers are characterized by intense heat and arid conditions, while winters bring cooler temperatures. This climatic pattern prevails year-round, contributing to the overall meteorological profile of our region.

Throughout the annual cycle, temperature fluctuations are notable, ranging from 42°F to 107°F. Rarely do temperatures fall below 33°F or surge beyond 113°F. These temperature ranges provide an essential context for our hazard assessment and preparedness planning.

It's important to recognize that our climatic conditions significantly impact various aspects of our community's vulnerability and resilience. These temperature variations influence the demands on our infrastructure, energy consumption, public health considerations, and emergency response strategies. Our comprehensive Local Hazard Mitigation Plan aims to address these dynamics effectively, ensuring that we are adequately prepared for a wide range of scenarios, including those influenced by our climate's fluctuations.

In summary, the City of Indio experiences distinct climatic patterns, with sweltering summers, cool winters, and consistent clarity in the skies. Our Local Hazard Mitigation Plan takes into account these climatic factors to ensure that we are well-prepared to tackle a range of hazards and maintain the resilience of our community.

The table below attained from Weather Spark depicts the temperature history for the City of Indio for the year 2022.

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The tabulated data presented below, sourced from Weather Spark, provides an overview of the hourly temperature variations observed in Indio during the year 2022.

It is noteworthy to emphasize that a substantial portion of the year was characterized by consistently elevated temperatures, ranging from "hot" to "sweltering." This thermal trend was particularly pronounced during midday hours.

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The data table presented below, sourced from Weather Spark, illustrates the daily precipitation patterns observed in Indio throughout the year 2022. This data vividly underscores the arid nature of the city's climate, with recorded rainfall consistently remaining below half an inch. This comprehensive overview provides a compelling depiction of the city's minimal precipitation levels, emphasizing its characteristic dryness. This climatic characteristic is integral to our hazard assessment and mitigation endeavors, enabling us to proactively address challenges stemming from the city's limited rainfall and chart a resilient path forward.

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The data table presented below, sourced from Weather Spark, illustrates the monthly wind speed trends observed in Indio during the year 2022. It is noteworthy to emphasize that months characterized by hot to sweltering temperatures coincided with notable wind speeds ranging between 30 to 50 mph.

1.7 Land Use

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1.8 Annex Vulnerability
Since 2016, the City of Indio's vulnerability to potential hazards has remained consistent. The City of Indio continues to proactively monitor and address potential vulnerabilities, working diligently to enhance its resilience and preparedness in the face of evolving challenges.

SECTION 2.0 - PLANNING PROCESS

2.1 LOCAL PLANNING PROCESS
During this update cycle of the City of Indio Local Hazard Mitigation Plan, the primary focus was to adopt a comprehensive approach. This involved conducting a thorough review and assessment of both natural and man-made hazards affecting the city. The objective was to identify strategies for mitigating these risks and enhancing overall resilience. Through this process, the City aimed to not only recognize potential vulnerabilities but also prioritize and outline effective mitigation measures. This proactive endeavor strives to safeguard our community, infrastructure, and environment from various hazards.

Led by the City’s emergency operations center manager Scott Visyak, representatives from City departments met to identify and rank local natural hazards and human-caused threats. The following members from these departments formed the LHMP planning team for the City of Indio:
•City Manager - Bryan Montgomery
•Economic Development Department Director – Carl Morgan, •Community Development Department Director – Kevin Snyder, •Finance Director – Rob Rockwell
•Public Works Director – Tim Wassil.
•Emergency Operations Manager – Scott Visyak
The multi-disciplinary planning team consisted of individuals with knowledge of daily operations as well as duties and responsibilities during an extraordinary event.

E-mail and telephone correspondence, in addition to face-to-face meetings, facilitated continued collaborative efforts during the local planning process. Please refer to exhibit A- 1 for Public Sign in sheets.

Commented [SM(1]: From the section above, it seems like your name should be within the planning team list as well.

Please make sure all member of the LHMP planning team are up to date and listed with 1) Name 2) title and 3) agency within the jurisdiction
Commented [SM(2]: Ex A-1 only has a sign in sheet for a single public meeting. Is there more proof that the City participated in the planning process internally and with the County?

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2.2 PARTICIPATION IN REGIONAL (OA) PLANNING PROCESS
The City of Indio participated in Riverside County meetings and a workshop, including:
•The MJ LHMP planning process with the Riverside County Operational Area by attending LHMP meetings, public hearings, and conferences including Operational Area Planning Committee meeting hosted by County of Riverside Emergency Management Department held on January 13, 2022. During a virtual Meeting reviewed the timeline and process for the MJLHMP.
•Riverside County Operational Area meeting hosted by County of Riverside Emergency Management Department held on March 24, 2022, established a steering committee for the MJLHMP.
•The Operational Area Planning Committee meeting hosted by County of Riverside Emergency Management Department held on April 13, 2022, at the Beaumont City Hall meeting room in Beaumont.
•Multi-Jurisdictional Local Hazard Mitigation Plan Kick-Off Meeting, June 15, 2022 •MJLHMP/LHMP Steering Committee, July 3, 2022
• LHMP Jurisdiction Workshop, August 17, 2022
•MJLHMP/LHMP Steering Committee, October 5, 2022
•Local Hazard Mitigation Planning Risk Assessment, October 20, 2022 •LHMP Planning Meeting with cooperating agencies Riverside County Fire and Riverside County Sheriff’s Department – November 2, 2022 •MJLHMP/LHMP Steering Committee, January 4, 2023
•LHMP Review Teams Meeting with the County of Riverside, February 7, 2023 •LHMP Review Teams Meeting with the County of Riverside, June 20, 2023 •CalOES Technical Assistance Meeting, July 21, 2023
•CalOES Technical Assistance Meeting, July 24, 2023

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•CalOES Technical Assistance Meeting, July 25, 2023
oOne-on-one meeting with the City and CalOES
•CalOES Technical Assistance Meeting, July 31, 2023
•CalOES Technical Assistance Meeting, August 3, 2023
oOne- on-one meeting with the City and CalOES
•CalOES Technical Assistance Meeting, August 7, 2023
•CalOES Technical Assistance Meeting, August 9, 2023
oOne- on-one meeting with the City and CalOES

2.3 DATES AVAILABLE FOR PUBLIC COMMENT
The City of Indio extended invitations to neighboring communities to engage in the city's LHMP update, fostering collaboration during the quarterly Operational Area Planning Committee (OAPC) meeting. Many adjacent municipalities are concurrently in the process of updating their own LHMPs. Consequently, information exchange and updates among neighboring partners are common, thus synergistically enhancing collective efforts. Interjurisdictional ties provided a platform to pose inquiries and seek advice from other jurisdictions.

A robust approach was taken to solicit public input and feedback, which remained ongoing throughout the planning process and extends beyond it. This commitment ensures that community perspectives are valued and integrated into the LHMP update, fostering a comprehensive and responsive hazard mitigation strategy.

Public comment was open from August 1, 2022, through September 30, 2022. Members of the public were encouraged to provide comments to the City’s emergency services coordinator by mail, e-mail, or by telephone. Unfortunately, no such comments were received from the public.

September 1, 2022 – Public comment during National Preparedness month community outreach. Sign-in sheet included in Appendix A.

2.4 PLAN MAINTENANCE
The City of Indio's LHMP continues to serve as a vital instrument for mitigating the impacts of hazards within our municipality. As stipulated by 44 Code of Federal Commented [SM(3]: Along with the sign in sheet, is there a compilation of comments from the community via phone,
email, mail as listed above or from the public meeting?

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Regulations §201.6(c)(4), the plan necessitates a maintenance approach encompassing a structured technique and timetable for monitoring, assessing, and revising the plan.

Additionally, the plan demands an integration mechanism into prevailing planning frameworks and a blueprint for sustaining ongoing public engagement.

Method/Schedule for Monitoring the Plan:

The LHMP within the City of Indio integrates strategies aimed at diminishing long-term vulnerabilities associated with the identified hazards. This framework outlines potential initiatives that the city may elect to execute over the upcoming five-year period. The efficacy of this plan hinges on seamlessly integrating the action items into the existing fabric of city plans, policies, and programs.

Under the supervision of the EOC Manager, the EOC team will spearhead the monitoring of the mitigation plan. This will involve collaborating with designated members of the City Planning Team from relevant departments, divisions, and programs. The objective is to ensure that the identified mitigation objectives and actions are seamlessly woven into existing plans, policies, and city programs. This monitoring effort will diligently track progress towards achieving the outlined mitigation strategies and projects. On an annual basis, the EOC, in consultation with city staff, will conduct comprehensive reviews of the LHMP and its implementation. These reviews will address hazard events from the previous year and their implications for the City of Indio, assess the appropriateness of mitigation goals and timelines, identify updates required in plans, policies, and procedures, explore potential new mitigation actions, and deliberate on the potential of securing fresh mitigation grant funding opportunities.

Evaluating and Updating the Plan:

As stipulated by 44 Code of Federal Regulations §201.6(d)(3), the City of Indio will conduct updates to the LHMP every five years. The Emergency Operations Center (EOC) will oversee this process, adhering to the following procedural steps during each update:
•The LHMP Planning Team, along with relevant stakeholders, will be convened by the EOC at a minimum of every five years to facilitate plan updates. Concurrently, ongoing evaluations will be conducted by Planning Team members who will remain actively engaged in advancing the identified projects and strategies. •Employing the most reliable and up-to-date guidance, information, technology, and regulatory protocols, each chapter of the plan will undergo a thorough review and necessary updates will be incorporated.
•Mitigation strategies will be meticulously assessed and revised to accommodate completed, discontinued, or altered initiatives. Furthermore, adjustments will factor in

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alterations in risk assessment or newly identified city policies, as pertinent (e.g., general plan).
•The preliminary updated version will be distributed to the hazard mitigation planning committee, Subject Matter Experts (SMEs), and other stakeholders for comprehensive review and feedback.
•A public comment period will be instituted, allowing the community to provide input before the plan's adoption. The EOC will endeavor to ensure easy public access to the draft plan by updating the mitigation area of the city's website. Additional outreach avenues, including social media platforms, will be utilized to announce hazard mitigation planning meetings and extend invitations to the public. After evaluating and integrating public comments, the EOC will submit the revised LHMP to the California Governor's Office of Emergency Services (CalOES) for pre-review. Following CalOES feedback, necessary updates will be implemented, and the plan will be finalized. •The EOC will subsequently resubmit the plan to CalOES for a final review. Concurrently, the plan will be submitted for approval by the City Council. Upon City Council adoption, the plan will be forwarded to the Federal Emergency Management Agency (FEMA) for ultimate approval.

This cyclic process ensures that the City of Indio's LHMP remains current, comprehensive, and responsive to evolving hazards and circumstances.

2.5 PLANS ADOPTED BY RESOLUTION
Upon approval by FEMA, the LHMP will be presented to the City of Indio City Council in a public meeting for adoption via an official Resolution.

SECTION 3.0 – HAZARD IDENTIFICATION AND RISK ASSESSMENT

3.1 CRITICAL FACILITIES AND INFRASTRUCTURE
Essential facilities include public services that are critical to the health and welfare of the citizens of the City and that are especially important following a major disaster or emergency. These facilities include hospitals, police facilities, fire stations, emergency operation centers, communication centers, generators and substations, infrastructure (water treatment, water distribution, communications), and reservoirs.

Critical Facilities Type Number
Commented [SM(4]: Do you have maps of where the
critical infrastructure is within the city? What hazards impact each facility?

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Indio City CouncilOctober 2, 2024

Indio City Council
October 2, 2024