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Attachment 3
RESOLUTION 23-XXX (C)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES

APPROVING CONTRACTS WITH INTERWEST CONSULTING GROUPS AND CSG CONSULTANTS, INC.

WHEREAS, on June 21, 2022, City Council adopted Resolution 22-099 approving the Fiscal Years 22/23 and 23/24 Budget, which allocates $280,000 for Building External Plan Check Services annually; and WHEREAS, External Plan Check costs are passed through directly to applicants at the building permit stage, so that the City may recoup its budgeted amount for external plan check services; there is therefore no negative fiscal impact to the City; and
WHEREAS, demand for Plan Check Services has increased over the last 5 years and is expected to continue; and
WHEREAS, the Building External Plan Check Vendors have standard hourly rates that increase annually with the Consumer Price Index (CPI); and
WHEREAS, despite the built-in CPI increases, the Building Division External Plan Check Contract Limits need to be increased from $100,000 to $200,000 to allow for increased project volumes and cost inflation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council hereby approves the FY23/24 & FY24/25 Building External Plan Check agreements to Interwest Consulting Groups and CSG Consultants, Inc., in the amount not-toexceed $200,000 in substantially the form attached hereto as Exhibit A and B, incorporated herein by reference, and authorizes the City Manager to award the agreement and take all actions necessary to finalize and execute the Agreements, subject to minor, technical, or non-substantive changes as approved by the City Manager and City Attorney.

APPROVED this 2nd day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven W. Martin, Mayor
ATTEST:

Melissa Boyer, City Clerk

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CITY OF EL PASO DE ROBLES

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of May XX, 2023 by and between the City of El Paso de Robles, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1000 Spring Street, Paso Robles, CA 93446 (“City”), and Interwest Consulting Group, a California Corporation with its principal place of business at 1171 West Shaw Ave., Suite 102, Fresno, CA 93711 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Building plan check and inspection services to public clients (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $200,000 without written approval of the City Manager. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

Exhibit A

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3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term & Time of Performance.

The term of this Agreement shall be from July 1, 2023 to June 30, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within the Activity Schedule as Exhibit “C,” The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.

Exhibit A

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a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may not be unreasonably withheld. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain,
during the
performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.

Exhibit A

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(ii) Coverage for Commercial General Liability
insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must
include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or
provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials,
officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize
either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the
work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.

Exhibit A

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(ii) Coverage for automobile liability insurance
shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials,
officers, employees, agents
and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the
automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of
the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at
any time during the
term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
Exhibit A

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(i) The following insurance limits are required
for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to
the limits.
(iii) Requirements of specific coverage or limits
contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least
thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

Exhibit A

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(ii) The Commercial General Liability Policy and
Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is
to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for
the professional
liability coverage , shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, 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.
(v) The limits set forth herein shall apply
separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by
acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
Exhibit A

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(i) The foregoing requirements as to the types
and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement,
any policy of
insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to
provide complete copies of
all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials,
officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all third party claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and Exhibit A

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attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. c. Subject to subsection (d) below, Consultant shall have the right to control the defense and settlement of any claim for which indemnification is sought under this Agreement.

Consultant’s obligation to provide indemnification is contingent upon timely notice of the claim for which indemnification is sought, such that the defense of the claim is not prejudiced, and the reasonable cooperation of the party seeking indemnification with the defense of the claim. d. Consultant may not settle or otherwise resolve a claim that is subject to indemnification under this Agreement unless: (1) the City conveys in writing that the settlement or resolution is acceptable to City and (2) the settlement or resolution does not otherwise serve as a detriment to City’s rights.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Exhibit A

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b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and subsubconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Luis Obispo, State of California.

16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work Exhibit A

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under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

18. Organization
Consultant shall assign Ron Beehler as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY: CONSULTANT:

City of El Paso de Robles Interwest Consulting Group
1000 Spring Street 1171 West Shaw Ave., Suite 102
Paso Robles, CA 93446 Fresno, CA 93711
Exhibit A

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Attn: Brian Cowen, Building Official Attn: Ron Beehler

and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time of Essence
Exhibit A

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

28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit A

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF EL PASO DE ROBLES

AND INTERWEST CONSULTING GROUP

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF EL PASO DE ROBLES INTERWEST CONSULTING GROUP
By: By:

Ty Lewis Its:

City Manager Printed Name:

ATTEST:

By:

Melissa Boyer
City Clerk
CITY ATTORNEY APPROVAL:

By:

City Attorney
REVIEWED:

By:

Brian Cowen
City Project Manager

Exhibit A

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EXHIBIT A
Scope of Services

The Building Division seeks to enter into a professional service agreement for building plan check and/ or inspection services encompassing a large variety of projects ranging from single family tract residences to large commercial and industrial projects.

Contract services would include examination of construction drawings and/ or inspection of work for conformance with Title 17 of the City of Paso Robles Municipal Code and the California Building Standards Code (Title 24, California Code of Regulations), including any local amendments of those codes.

Task 1 – Building Plan Check Services

1. Review plans and supporting documentation for code conformance.

2. Prepare correction lists and letters recommending for plans approval.

3. Pick up and deliver plans from and to the City.

4. Maintain records of plans in process.

5. Meet with applicant/ applicant’s designee upon City’s request.

6. Provide continuity of plan check services through project completion.

Task 2 – Building Inspection Services

1. Inspect construction projects for conformance with applicable codes and the approved plans.

2. Identify deficiencies in construction, write correction lists.

3. Collect special inspection and structural observation reports.

4. Maintain daily inspection records.

5. Demonstrate effective communication, high levels of professionalism and customer service.

Initial ____ Date: ___/___/2023

Exhibit A

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EXHIBIT B
Schedule of Charges/Payments
COMPENSATION EFFECTIVE 07/01/2021 - 06/30/2022 (FY 2023) (RATES WILL NEED TO BE UPDATED FOR FY 2024 BY THE CPI)

PLAN REVIEW

LEVEL I:

New Residential and Residential Additions; = $136.50 / HR Tenant Improvements up to 3,000 sq. ft.

LEVEL II:

Multi-Family, Commercial, Industrial up To
10,000 sq. ft.

Tenant Improvements above 3,000 sq. ft
Up to 10,000 sq. ft.

LEVEL III:

= $180.00 / HR
Multi-Family, new Commercial, Industrial
Tenant Improvement above 10,000 sq. ft.

= $195.00 / HR
*EXPEDITED PLAN CHECK = 1.5 x Regular Rate
INSPECTION = $110.00/ HR

ESCALATION CLAUSE: Rates of compensation shall escalate annually, in accordance with the published Consumer Price Index (CPI)

PAYMENT SCHEDULE: Upon completion of specific portions of work outlined in an accepted contract and submittal of an invoice in form acceptable to the City, payment will be made within 30 calendar days for that portion of the completed work. No partial payments for incomplete services will be made.

Initial ____ Date: ___/___/2023
Exhibit A

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EXHIBIT C
Activity Schedule

All plans are submitted by the property owner or his/ her agent, directly to the City of Paso Robles Building Division public counter.

Plans will then be transmitted by the City Building Division to the consultant providing the contract service.

Consultant will furnish the Building Official with a legible, written list of all corrections for submittal to the applicant in Adobe PDF format.

Upon completion of the review process, Consultant will designate, on the title sheet of the plans, that the plans are acceptable and recommended for approval.

3.0 Required Time Frames

BUILDING TYPE: INITITAL REVIEW: RECHECK:

Single Family Twelve (12) working days Ten (10) working days

Multifamily Fifteen (15) working days Fifteen (15) working days

Commercial/Industrial Fifteen (15) working days Fifteen (15) working days (less than 100K sq. ft. and two or less stories)

Commercial/Industrial Twenty (20) working days Twenty (20) working days (more than 100K sq. ft.
and more than
two stories)

Commercial/Industrial Twelve (12) working days Twelve (12) working days Tenant Improvements

All dates are calculated from date City notifies Consultant documents are available.

Initial ____ Date: ___/___/2021
Exhibit A

82477.07000\30678865.2
1 CITY OF EL PASO DE ROBLES

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of May XX, 2023 by and between the City of El Paso de Robles, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1000 Spring Street, Paso Robles, CA 93446 (“City”), and CSG Consultants, Inc., a California Corporation, with its principal place of business at 550 Pilgrim Drive, Foster City, CA 94404 (hereinafter referred to as “Consultant”).

City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Building plan check and inspection services to public clients (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $200,000 without written approval of the City Manager. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant Exhibit B

82477.07000\30678865.2
2 with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term & Time of Performance.

The term of this Agreement shall be from July 1, 2023 to June 30, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder within the Activity Schedule as Exhibit “C,” The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

Exhibit B

82477.07000\30678865.2
3 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
Exhibit B

82477.07000\30678865.2
4 (4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the Exhibit B

82477.07000\30678865.2
5 “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and Exhibit B

82477.07000\30678865.2
6 shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.

Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, 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.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance Exhibit B

82477.07000\30678865.2
7 through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section Exhibit B

82477.07000\30678865.2
8 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

Exhibit B

82477.07000\30678865.2
9 By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and subsubconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Luis Obispo, State of California.

16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

18. Organization
Consultant shall assign Jeff Janes as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice
Exhibit B

82477.07000\30678865.2
10 Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
Attn: Brian Cowen, Building Official
CONSULTANT:

CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
Attn: Cyrus Kianpour
CC: Cricket Brinkman and/or Jeff Janes
930 Fresno Street
Newman, CA 95360
and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

Exhibit B

82477.07000\30678865.2
11 25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

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

28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit B

82477.07000\30678865.2
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF EL PASO DE ROBLES

AND CSG CONSULTANTS, INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF EL PASO DE ROBLES CSG CONSULTANTS, INC.

By: By:

Ty Lewis
City Manager Its:

Printed Name:

ATTEST:

By:

Melissa Boyer
City Clerk
CITY ATTORNEY APPROVAL:

By:

City Attorney
REVIEWED:

By:

Brian Cowen
City Project Manager

Exhibit B

82477.07000\30678865.2
13 EXHIBIT A
Scope of Services
The Building Division seeks to enter into a professional service agreement for building plan check and/ or inspection services encompassing a large variety of projects ranging from single family tract residences to large commercial and industrial projects.

Contract services would include examination of construction drawings and/ or inspection of work for conformance with Title 17 of the City of Paso Robles Municipal Code and the California Building Standards Code (Title 24, California Code of Regulations), including any local amendments of those codes.

Task 1 – Building Plan Check Services

1. Review plans and supporting documentation for code conformance.

2. Prepare correction lists and letters recommending for plans approval.

3. Pick up and deliver plans from and to the City.

4. Maintain records of plans in process.

5. Meet with applicant/ applicant’s designee upon City’s request.

6. Provide continuity of plan check services through project completion.

Task 2 – Building Inspection Services

1. Inspect construction projects for conformance with applicable codes and the approved plans.

2. Identify deficiencies in construction, write correction lists.

3. Collect special inspection and structural observation reports.

4. Maintain daily inspection records.

5. Demonstrate effective communication, high levels of professionalism and customer service.

Initial ____ Date: ___/___/2023
Exhibit B

82477.07000\30678865.2
14 EXHIBIT B
Schedule of Charges/Payments
COMPENSATION EFFECTIVE 07/01/2022 - 06/30/2023 (FY 2023) (RATES WILL NEED TO BE UPDATED FOR FY 2024 BY THE CPI)

PLAN REVIEW
LEVEL I:

New Residential and Residential Additions; = $136.50 / HR Tenant Improvements up to 3,000 sq. ft.

LEVEL II:

Multi-Family, Commercial, Industrial up = $180.00 / HR
To 10,000 sq. ft.

Tenant Improvements above 3,000 sq. ft
Up to 10,000 sq. ft.

LEVEL III:

Multi-Family, new Commercial, Industrial = $195.00 / HR Tenant Improvement above 10,000 sq. ft.
*EXPEDITED PLAN CHECK = 1.5 x Regular Rate
INSPECTION = $110.00/ HR
ESCALATION CLAUSE: Rates of compensation shall escalate annually, in accordance with the published Consumer Price Index (CPI)
PAYMENT SCHEDULE: Upon completion of specific portions of work outlined in an accepted contract and submittal of an invoice in form acceptable to the City, payment will be made within 30 calendar days for that portion of the completed work. No partial payments for incomplete services will be made.

Initial ____ Date: ___/___/2023
Exhibit B

82477.07000\30678865.2
15 EXHIBIT C
Activity Schedule
All plans are submitted by the property owner or his/ her agent, directly to the City of Paso Robles Building Division public counter.

Plans will then be transmitted by the City Building Division to the consultant providing the contract service.

Consultant will furnish the Building Official with a legible, written list of all corrections for submittal to the applicant in Adobe PDF format.

Upon completion of the review process, Consultant will designate, on the title sheet of the plans, that the plans are acceptable and recommended for approval.

3.0 Required Time Frames
BUILDING TYPE: INITITAL REVIEW: RECHECK:

Single Family Twelve (12) working days Ten (10) working days Multifamily Fifteen (15) working days Fifteen (15) working days Commercial/Industrial Fifteen (15) working days Fifteen (15) working days (less than 100K sq. ft.
and two or less stories)
Commercial/Industrial Twenty (20) working days Twenty (20) working days (more than 100K sq. ft.
and more than
two stories)
Commercial/Industrial Twelve (12) working days Twelve (12) working days Tenant Improvements
All dates are calculated from date City notifies Consultant documents are available.

Initial ____ Date: ___/___/2023
Exhibit B

0 63 units
73 units
64 units
111 units
154 units
108 units
167 units
247 units
303 units
376 units
545 units
324 units
457 units
458 units
392 units
49 units
39 units
17 units
22 units
96 units
43 units
44 units
141 units
39 units
153 units
65 units
244 units
111 units
35 units
41 units
72 units
300 units
600 units
750 units
2 39
5 its
1 nit
3 0
100200
300400500600700800
Building Permits
Year
Paso RoEOes Building Permits
Residential Unit Production
1990 - 2021 (Forecast 22-24)
SFR UnitsMFR / ADU UnitsTotal Units4 per. Mov. Avg. (Total Units) 300 units 300 u
600 units 60
units 750 Forecast
Residential Production Goal 250 units / year
s
ts
/y
Multi Family / ADU Permit ForecastRedtail - 200 unitsPRHA Olsen - 80 unitsPRHA Riverwalk - 80 units ADU's - 100 units / annuallyIn-fill Apartments - 50 units / AnnuallyTotal - 250 units annually Single Family Permit ForecastRiver Oaks - 1 unit / weekValley Community Homes - 2 unit / weekShea Homes - 2 units / weekSTG Homes - 2 unit / week (+ ADU's)K- Hov - 1 unit / weekFuentez - 1 unit / weekTotal - 450 units annually Attachment 4

Council Agenda Report
From: Paul Sloan, Economic Development Manager
Subject: Approval of North County Broadband Strategic Plan CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.

Date: May 2, 2023
Facts

1. The City Council’s adopted goals include action items related to expanding broadband through adopting a regional broadband strategic plan, expanding internet access and connectivity, and to promote Paso Robles as a destination for the “Remote Economy”.

2. Access to low-cost high-speed internet supports job retention and creation for existing businesses as well as planned and potential industrial, commercial, and mixed-use developments.

3. Increased broadband connectivity supports business attraction and retention in areas such as specialized manufacturing to support the local agriculture and viticulture industries, ag-tech development, and tech companies or telecommuters relocating from larger cities and seeking high-speed internet access from home.

4. Increased broadband connectivity and redundancy supports the City Council’s efforts to establish a spaceport and technology corridor.

5. Improving high-speed broadband internet connectivity provides enterprise-level internet for current and future businesses as well as a low-cost, high-speed alternative to the current limited internet options available for residents.

6. Broadband availability and capability are critical parts of most businesses today and a business-critical part of the City’s economic development strategy.

7. Expanding the City’s broadband and fiber backbone also supports the City’s ability to implement smart city infrastructure.

8. On April 5, 2022, Council authorized the signing of the MOU with the City of Atascadero and appropriated $100,000 from General Fund reserves for a regional broadband strategic plan RFP process.

9. The City of Atascadero likewise appropriated $100,000 for the regional broadband strategic plan RFP process.

10. The Cities worked together to jointly prepare and release a Request for Proposals (“RFP”) seeking qualified individuals and firms to prepare a regional broadband strategic plan to accelerate the deployment of high-speed internet access to residents and businesses in northern San Luis Obispo County.

11. The Cities selected TeleworX to develop a North County Broadband Strategic Plan (“BBSP”) with a total combined budget of $200,000.

12. The City and Townsend Public Affairs team subsequently applied for, and was awarded, a Local Agency Technical Assistance grant from the California Public Utilities Commission in the amount of $200,000 to completely reimburse both Cities for the cost of developing the BBSP (see Attachment 2).

13. Development of the North County Broadband Strategic Plan has now been completed (see Exhibit A of Attachment 1).

14. Atascadero City Council unanimously approved the plan at the Atascadero City Council meeting on Tuesday, April 25, 2023.

Options

1. Take no action;

2. Approve the North County Broadband Strategic Plan;

3. Provide alternative direction to staff.

Analysis and Conclusions
The Cities of Atascadero and Paso Robles (collectively “North County”) collaborated on a regional effort to assess the broadband condition of their respective communities driven by a view that broadband is becoming the fourth utility. Determined to set a course for a broadband future, the Cities selected TeleworX to develop the North County Broadband Strategic Plan.

With State and Federal broadband funding at historic levels, the Cities took a regional approach (e.g., Atascadero and Paso Robles working together) to accelerate planning in the quest for enhanced broadband infrastructure solutions.

Forming a regional partnership enhances a northern San Luis Obispo County collective voice to advocate for policies and funding at the State and Federal level that will support the region’s shared priorities. It also aligns Federal, State and local efforts to maximize efficiency and ensure planning efforts are working in the best interest of local residents and businesses.

Approving the North County Broadband Strategic Plan will enable staff to move forward with implementation steps as outlined in the plan and position the City to apply for future broadband-related grant funding opportunities as they become available.

If approved, staff anticipates continuing to coordinate efforts where applicable with the City of Atascadero and other stakeholders to increase the availability of high-speed internet access within the region.

Opportunities to achieve this objective will be brought back before the City Council as they are vetted and become available.

Fiscal Impact
Approving the North County Broadband Strategic Plan poses no financial obligation for the City.

The Local Agency Technical Assistance grant from the California Public Utilities Commission reimburses the City for the $100,000 that was appropriated from General Fund reserves for the RFP process.

Recommendation (Option 2)
Approve the North County Broadband Strategic Plan.

Attachments

1. Resolution 23-XXX North County Broadband Strategic Plan a. Exhibit A - North County Broadband Strategic Plan

2. CPUC LATA Grant Award Letter

Attachment 1
CC Resolution 23-XXX Page 1 of 2
RESOLUTION 23-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES APPROVING THE NORTH COUNTY BROADBAND STRATEGIC PLAN.

WHEREAS, access to low-cost high-speed internet supports job retention and creation for existing businesses as well as planned and potential industrial, commercial, and mixed-use developments; and WHEREAS, increased broadband connectivity supports business attraction and retention in areas such as specialized manufacturing to support the local agriculture and viticulture industries, ag-tech development, and tech companies or telecommuters relocating from larger cities and seeking high-speed internet access from home; and
WHEREAS, improving high-speed broadband internet connectivity provides enterprise-level internet for current and future businesses as well as a low-cost, high-speed alternative to the current limited internet options available for residents; and
WHERAS, broadband availability and capability are critical parts of most businesses today and a businesscritical part of the City’s economic development strategy; and WHEREAS, expanding the City’s broadband and fiber backbone also supports the City’s ability to implement smart city infrastructure; and
WHEREAS, the City of Atascadero desired to formalize a partnership with the City, via memorandum of understanding (“MOU”), for the purpose of memorializing and expressing the intent of the Cities to establish an operational relationship developing a north San Luis Obispo County Broadband Strategic Plan; and
WHEREAS, on April 5, 2022, Council authorized the signing of an MOU with the City of Atascadero and appropriated $100,000 from General Fund reserves for a regional broadband strategic plan RFP process; and
WHEREAS, the City of Atascadero likewise appropriated $100,000 for the regional broadband strategic plan RFP process; and
WHEREAS, the Cities worked together to jointly prepare and release a Request for Proposals (“RFP”) seeking qualified individuals and firms to prepare a regional broadband strategic plan to accelerate the deployment of high-speed internet access to residents and businesses in northern San Luis Obispo County; and
WHEREAS, the Cities selected TeleworX to develop a North County Broadband Strategic Plan with a total combined budget of $200,000; and
WHEREAS, the City subsequently applied for, and was awarded, a Local Agency Technical Assistance grant from the California Public Utilities Commission in the amount of $200,000 to completely reimburse both Cities for the cost of developing the North County Broadband Strategic Plan; and WHEREAS, development of the North County Broadband Strategic Plan, dated March 2023, has now been completed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Attachment 1
CC Resolution 23-XXX Page 2 of 2
Section 1. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council hereby approves the North County Broadband Strategic Plan in substantially the form attached hereto as Exhibit A, subject to any minor, technical, or non-substantive changes, approved by the City Attorney, and consistent with Council’s intent.

Section 3. The City finds that the approval of the North County Broadband Strategic Plan is not a project subject to CEQA. In the alternative, the approval of the North County Broadband Strategic Plan is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (State CEQA Guidelines, section 15061, subd. (b)(3).)
APPROVED this 2nd day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven W. Martin, Mayor
ATTEST:

Melissa Boyer, City Clerk

1 North County Broadband
Strategic Plan March 2023
Exhibit A

North County Broadband Strategic Plan 2
Table of Contents
Table of Contents..........................................................................................................................................2 List of Figures................................................................................................................................................4 List of Tables .................................................................................................................................................7 Executive Summary.......................................................................................................................................8 Recommendations and Next Steps...........................................................................................................9 1 Introduction ........................................................................................................................................11

1.1 What is Broadband?....................................................................................................................12

1.2 Why Broadband, Why now? .......................................................................................................13

1.3 Broadband Technologies and concepts......................................................................................15

1.4 Project Scope & Approach ..........................................................................................................22 2 Broadband Community Profile ...........................................................................................................25

2.1 Socioeconomic and demographic profile ...................................................................................26

2.2 Broadband Availability ................................................................................................................31

2.3 North County Priority Area Identification...................................................................................40

2.4 Infrastructure Assessment..........................................................................................................45

2.5 Broadband Readiness .................................................................................................................51

2.6 Key Findings and Recommendations..........................................................................................55 3 ISP Assessment and Engagement .......................................................................................................57

3.1 ISP Engagement through an RFI..................................................................................................58

3.2 Request for Concept Proposals...................................................................................................63 4 Analysis of Broadband Scenarios........................................................................................................65

4.1 Architecture Overview................................................................................................................66

4.2 Operating Models and Network Scenarios.................................................................................66

4.3 Funding Sources Overview and Assessment...............................................................................81

4.4 Economic Impact Analysis...........................................................................................................83 5 Digital Divide Analysis.........................................................................................................................86

5.1 Digital Equity Barriers for Covered Populations .........................................................................87

5.2 Priority Area Assessment............................................................................................................91

5.3 Digital Inclusion Programs and Partners.....................................................................................92

5.4 Alignment with California Broadband for All..............................................................................95 Exhibit A

North County Broadband Strategic Plan 3
6 Broadband Strategy & Action Plan .....................................................................................................97

6.1 Broadband Infrastructure ...........................................................................................................99

6.2 Broadband Policies....................................................................................................................101

6.3 Digital Inclusion.........................................................................................................................102 Appendix I. Broadband Needs Assessment Survey & Results ..................................................................104 Appendix II. ISP Engagement Package ......................................................................................................123 Appendix III. Public Forum Summary........................................................................................................127 Forums Scope, Objective & Participants...............................................................................................127 Key Findings ..........................................................................................................................................127 Challenges in Broadband Access, Use and Adoption............................................................................128 Closing the Digital Divide ......................................................................................................................129 Appendix IV. GIS Views.............................................................................................................................131 FCC Unserved / Underserved location clusters ....................................................................................131 Distribution on served and underserved census blocks according to CPUC ........................................135 Served Status by Census block based on speed test data ....................................................................137 Disadvantaged Communities (Socioeconomic Vulnerability Index (SEVI))...........................................139 City buildings and anchor institutions ..................................................................................................141 City conduit and dark fiber in Paso Robles...........................................................................................145 California Middle Mile Broadband Initiative – Current Design for SLO County....................................146 Appendix V. Analysis of State and Federal Funding Programs.................................................................148 Last Mile Federal Fund Account............................................................................................................148 CASF Broadband Infrastructure Grant Account....................................................................................149 Loan Loss Reserve Fund ........................................................................................................................150 BEAD Program.......................................................................................................................................150 Acronyms..................................................................................................................................................152 Definitions.................................................................................................................................................154 Exhibit A

North County Broadband Strategic Plan 4
List of Figures
Figure 1. Broadband Service Speeds Definitions........................................................................................13 Figure 2. High-level broadband network architecture. ..............................................................................16 Figure 3. DSL high-level architecture ..........................................................................................................18 Figure 4. DOCSIS high-level architecture ....................................................................................................19 Figure 5. FTTH high-level architecture........................................................................................................20 Figure 6. FWA high-level architecture ........................................................................................................20 Figure 7. Satellite system high-level architecture.......................................................................................21 Figure 8. Project Methodology. ..................................................................................................................23 Figure 9. Paso Robles Qualified Opportunity Zone.....................................................................................27 Figure 10. Paso Robles Level of Education..................................................................................................28 Figure 11. Atascadero Level of Education...................................................................................................30 Figure 12. Number of wireline ISP options offering broadband service > 25/3 by Census Block ..............33 Figure 13. FCC Unserved / Underserved locations by census block ...........................................................35 Figure 14. Distribution on server and underserved census blocks according to CPUC. .............................36 Figure 15. CPUC maps and FCC data comparison shows significant alignment in the identification of unserved locations......................................................................................................................................37 Figure 16. CPUC and FCC views discrepancies............................................................................................38 Figure 17. Served Status by Census block based on speed test data. ........................................................39 Figure 18. Distribution of low-income census blocks falling under CPUC Unserved Areas........................41 Figure 19. Disadvantaged Communities (Socioeconomic Vulnerability Index (SEVI))................................42 Figure 20. Identification of unserved locations in the economic development area.................................43 Figure 21. Housing Developments..............................................................................................................44 Figure 22. Housing Developments & CPUC Unserved Areas......................................................................44 Figure 23 City buildings...............................................................................................................................46 Figure 24. Anchor Institutions.....................................................................................................................47 Figure 25. City conduit and dark fiber in Paso Robles. ...............................................................................48 Figure 26. Nacimiento Water Pipeline........................................................................................................49 Figure 27. California Middle Mile Broadband Initiative – Current Design for SLO County.........................50 Figure 28. Abandoned Sewer Lines in Atascadero......................................................................................51 Exhibit A

North County Broadband Strategic Plan 5
Figure 29. Broadband Readiness Assessment Categories. .........................................................................52 Figure 30. Broadband Readiness Assessment Summary. ...........................................................................54 Figure 31. ISP Assessment and Engagement Process. ................................................................................58 Figure 32. List of ISPs analyzed. ..................................................................................................................59 Figure 33. Operating models for broadband expansion through City involvement...................................67 Figure 34. Scenario 1 – Task Track: Light-form Public Private Partnership. ...............................................68 Figure 35. Light-form Public-Private Partnership Operating Model...........................................................70 Figure 36. Network Scenario for the Light-Form Public-Private Partnership Model..................................70 Figure 37. Financial view for Scenario 1 – City of El Paso Robles. ..............................................................71 Figure 38. Financial view for Scenario 1 – City of Atascadero. ...................................................................71 Figure 39. Scenario 2 – Conventional: Leverage City assets to establish a middle mile dark fiber network. ....................................................................................................................................................................72 Figure 40. Conventional Operating Model: Leveraging City assets to establish a middle mile dark fiber network.......................................................................................................................................................73 Figure 41. Network Scenario for the Middle Mile Dark Fiber Network......................................................74 Figure 42. Financial view for Scenario 2 – City of Paso Robles...................................................................74 Figure 43. Financial view for Scenario 2 – City of Atascadero. ...................................................................75 Figure 44. Scenario 3 – Pump Priming: Deploy a middle mile Open Access Network to improve last-mile economics. ..................................................................................................................................................75 Figure 45. Middle Mile Open Access Network Operating Model. ..............................................................76 Figure 46. Financial view for Scenario 3 – City of Paso Robles...................................................................77 Figure 47. Financial view for Scenario 3 – City of Atascadero. ...................................................................77 Figure 48. Scenario 4 – Bold (and Risky): Own the last-mile Open Access Network..................................78 Figure 49. Last Mile Open Access Network Operating Model....................................................................79 Figure 50. Financial view for Scenario 4 – City of Paso Robles...................................................................79 Figure 51. Financial view for Scenario 4 – City of Atascadero. ...................................................................80 Figure 52. Broadband Scenarios Summary.................................................................................................81 Figure 53. Funding Sources Categories.......................................................................................................81 Figure 54. Grant application roadmap........................................................................................................83 Figure 55. Broadband economic impact on North County .........................................................................85 Figure 56. Digital skills in North County......................................................................................................90 Figure 57. California Broadband For All Action Plan Elements...................................................................95 Figure 58. North County High-Level Action Plan ........................................................................................99 Figure 59. Last-Mile Federal Funding Account summary. ........................................................................148 Exhibit A

North County Broadband Strategic Plan 6
Figure 60. CASF Broadband Infrastructure Grant Account summary.......................................................149 Figure 61. Loan Loss Reserve Fund summary. ..........................................................................................150 Figure 62. BEAD infrastructure estimated timeline..................................................................................151 Exhibit A

North County Broadband Strategic Plan 7
List of Tables
Table 1. FCC’s Broadband Speed Guide......................................................................................................16 Table 2. Last-Mile Technology Comparison................................................................................................22 Table 3. ISP Service Offering in North County ............................................................................................32 Table 4. Served locations per type of ISP....................................................................................................32 Table 5. Available wireline ISPs per Census Block and served population. ................................................33 Table 6. Unserved Serviceable Locations considering wireline and wireless connectivity. .......................34 Table 7. CPUC Unserved households..........................................................................................................36 Table 8. Speed Test Statistics......................................................................................................................39 Table 9. Vulnerable households in unserved/underserved areas by SEVI score........................................42 Table 10. ISP Service Offering Summary.....................................................................................................59 Table 11. State and Federal Funding Programs Summary..........................................................................83 Exhibit A

North County Broadband Strategic Plan 8
Executive Summary
In October of 2022 the Cities of Atascadero and Paso Robles (collectively “North County”) embarked on a regional effort to assess the broadband condition of their respective communities driven by a view that broadband is becoming the fourth utility. Determined to set a course for a broadband future, the Cities selected TeleworX to develop this North County Broadband Strategic Plan (“the Plan”).

With State and Federal broadband funding at historic levels, the Cities took a regional approach (e.g., Atascadero and Paso Robles working together) to accelerate planning in the quest for enhanced broadband infrastructure solutions.

Through community outreach, stakeholder engagement, data analysis, development and assessment of network, business, and operating models, a comprehensive Plan was developed including:
• A comprehensive broadband needs and market analysis
• Internet Service Provider (ISP) engagement and Request for Information (RFI) assessment • Network design to inform broadband operating model alternatives • Assessment and recommendations for a broadband course of action for the Cities, including public-private partnerships (PPPs)
While the methodology and analysis for this Plan is regional, recommendations are City specific.

The analysis of the broadband market in North County indicates that Paso Robles and Atascadero are reasonably well served according to the standards set by the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC). Only 1.3% of households in Paso Robles and 3.8% in Atascadero are considered “unserved”. In contrast, the results of the Needs Assessment Survey indicate significant dissatisfaction with current ISP service offerings with respect to cost (73% dissatisfied), speed (25% dissatisfied), and reliability (35% dissatisfied). In short, the broadband status quo fails to meet the expectations of the Cities and their residents.

The Cities possess attractive demographics including high income levels and population density which are the key drivers in broadband deployment. Atascadero has a population density of more than 1,100 per square mile and Paso Robles has a density of more than 1,600 per square mile. For context, citywide fiber networks have been or are being built in cities across the US with densities in the 1,000 households per square mile1range. The combination of high-income levels and density create “broadband positive” conditions for the Cities that can support robust, modern broadband networks.

Broadband positive conditions juxtaposed against the imperative of 100% broadband availability, which is the goal of the California Broadband for All initiative, led to an important upgrade of City objectives during the development of this Plan. The strategic framework evolved from addressing unserved and underserved areas to seeking and ensuring a path towards 100% availability of fiber-to-the-home (FTTH) broadband services capable of 1000 Mbps (1 gigabit per second) symmetrical speeds2. This upgrade in 1 Kansas City, KS, Rancho Cordova City, CA, Ventura City, CA 2 Symmetrical speeds have equivalent downstream and upstream speeds and are becoming increasingly important for video conferencing, AR/VR and other upload intensive applications such as gaming.

Exhibit A

Executive Summary
North County Broadband Strategic Plan 9
the Cities’ objectives is further supported by ambitious economic development plans that require bestin-class broadband infrastructure and services. Becoming “gigabit symmetrical Cities” is a highly desired feature needed to compete in the economic development arena.

Two other important factors that shape this strategic plan include an “expectation leveling” for broadband funding and the need to engage with the ISPs in a “light form” private- public partnership (PPP):
1) Broadband Funding: Municipal funding through grants is available today and additional funding is forthcoming through the much discussed $65 billion Infrastructure Investments and Jobs Act (IIJA).

That said, municipal funding from state and federal sources will be oversubscribed and largely targeted to rural unincorporated areas and the more disadvantaged communities across California and the US. There is a lane for North County to apply for and receive funding but not enough and not with sufficient probability to serve as the basis for this strategic plan. 2) Light Form Private-Public Partnership (PPP): Engagement with the ISP community through an initial Request for Information (RFI) and a subsequent request for concept proposals confirmed the ability and willingness of ISPs to collaborate with the Cities provided there is a level of support and other financial inducements.

This process points to broadband business models that favor a light-form PPP which do not require significant financial investment by the Cities in the form of bonds or other financial measures.

Recommendations and Next Steps
The basis for the Strategic Plan is engagement with the ISP community, principally the incumbent ISPs already present in North County. Significant effort has been taken to signal to the ISPs that the Cities of Atascadero and Paso Robles are ready and willing participants in ISP-led solutions that move the Cities closer to their objective of 100% availability of gigabit service. Importantly, the Plan complements expanded access with digital inclusion programs to achieve digital equity goals. Specific tasks and next steps are organized into an 18-month plan with three workstreams that are summarized below:

1. Broadband Infrastructure. Continue discussion of the ISP Concept Proposal(s) with incumbents or with out-of-area ISPs under the model of a light-form public-private partnership with the target to enter into and conclude negotiations leading to the ISP-led deployment of 1 Gbps broadband infrastructure across the Cities. In parallel, assess potential applications to Infrastructure Grants.

2. Broadband Policies. Maintain an active monitoring of FCC and CPUC broadband maps and data as a best practice for the Cities. In addition, improve the permitting processes and supporting tools to streamline broadband permits. Implement “broadband friendly” policies such as Dig Once, micro trenching, and conduit installation.

3. Digital Inclusion. Engage and coordinate with regional partners including libraries, school districts, higher education, community-based organizations (CBOs), and the Broadband Consortium of the Pacific Coast (BCPC) to support existing programs, apply for a CASF Adoption Funding Account grant to fund devices for digital inclusion programs, and support enrollment to the FCC Affordable Connectivity Program (ACP).

The development of the Plan has positioned the Cities to initiate discussions and negotiations with ISPs to implement a last-mile network capable of providing 100% access to gigabit symmetrical services, enabling the community to grasp the benefits of robust and affordable high-speed broadband access, Exhibit A

Executive Summary
North County Broadband Strategic Plan 10
including attraction of investments, workforce development, improved healthcare, and increased productivity. Furthermore, the infrastructure side is complemented with digital inclusion programs to advance digital equity goals, ensuring alignment with the California Broadband for All Initiative.

The graphic below provides an overview of the North County Broadband Strategic Plan:

Exhibit A

North County Broadband Strategic Plan 11
1 Introduction
The Cities of Atascadero and Paso Robles have joined efforts to accelerate the deployment of broadband infrastructure and services to provide higher quality, more affordable, and more inclusive internet coverage for businesses and residents while increasing disaster preparedness, encouraging industry competition, reducing the digital divide, and preparing our Cities for a Smart City vision for the future.

As part of this effort, the Cities of Paso Robles and Atascadero, collectively “North County” have formalized a Memorandum of Understanding (MoU) agreement to partner on the North San Luis Obispo County Broadband Strategic Plan.

The North County Broadband Strategic Plan was launched with the main objective of developing an actionable plan to accelerate the deployment of high-speed broadband infrastructure to provide our communities with broadband services that meet current and future bandwidth demands focusing on unserved and underserved areas while contributing to digital equity in the region in alignment with the California Broadband for All initiative.

Exhibit A

Introduction
North County Broadband Strategic Plan 12
The objective was upgraded during the Strategic Plan development process to deployment of 1 Gbps symmetrical service across the Cities from the more general objective of broadband services in alignment with the California Broadband for All initiative which has as its goal 100 Megabit/s (Mbps) downstream and 20 Mbps upstream. This upgrade in the objective for the Strategic Plan occurred after a positive assessment of City demographics and City, coupled with the fact that if the solution is FTTH then by any reasonable measure it should be 1 Gbps symmetrical service. The ultimate goal for this plan based on the objective upgrade is to provide FTTH access to 100% of the serviceable location across the Cities rather than the narrower unserved, underserved, and priority areas3.

The Plan is supported by a comprehensive analysis of the existing City infrastructure, current ISPs and their offerings, and the location and extent of unserved and underserved communities which are still key to shaping the plan and assess funding options. This analysis informs the network design scenarios and strategies to trigger broadband infrastructure deployment in priority areas and ideally throughout the Cities with the resulting benefits of economic development, digital inclusion, and improved quality of life of our residents.

The development of this Strategic Plan has been funded via a Local Agency Technical Assistance (LATA) grant4, a program operated by the California Public Utilities Commission (CPUC) to facilitate development of broadband network deployment projects in areas of need.

TeleworX LLC, a Virginia based telecommunications consulting firm with national and international experience in the development of broadband strategies and networks was selected to develop this Plan in response to Request for Proposal (RFP)/ Request for quotation (RFQ) Number CD-2022-01 requested by the Cities of Atascadero and Paso Robles.

1.1 What is Broadband?
The FCC prevailing definition of broadband, established in 2015, is internet access that provides users with the ability to transmit data at a minimum download speed of 25 Megabits per second (Mbps) and a minimum upload speed of 3 Mbps. The FCC, and other federal and state agencies, use this definition as a threshold to determine areas that have or don’t have acceptable broadband service and to set national broadband deployment goals and funding priorities.

The California Broadband for All5initiative, developed by the California Broadband Council under the auspices of the California Department of Technology is a “roadmap to accelerate the deployment and adoption.” Released in 2020 and reviewed annually, it establishes a goal for statewide broadband at 100/20 Mbps.

In July of 2021, Senate Bill SB-1566 was signed by Governor Newsom, and among other items, it changed the CPUC’s definition of “served” to greater than or equal to 25 Mbps download and 3 Mbps upload, in alignment with the FCC definitions. Speeds falling below that standard are deemed “Unserved”. “Priority Unserved” refers to speeds below 10 Mbps downstream and/or 1 Mbps upstream. The definition of “Underserved” is also introduced in this document to address the state goal of speeds > 100/20 Mbps 3 Priority areas refer to those areas where low-income and socially disadvantaged communities are located plus areas that are key for economic development as defined by the Cities. 4 Local Agency Technical Assistance Grant Program (ca.gov) 5 Broadband for All Cover Letter and Action Plan 2020 (ca.gov) 6 Bill Text - SB-156 Communications: broadband.

Exhibit A

Introduction
North County Broadband Strategic Plan 13
and that the Last Mile Federal Funding Account7considers eligible not only unserved areas but also “households and businesses with an identified need for additional broadband infrastructure investment”. Therefore, this document considers speeds equal to or higher than 25/3 Mbps but lower than 100 / 20 Mbps as “Underserved”. Figure 1 summarizes these definitions.

Figure 1. Broadband Service Speeds Definitions
On July 15, 2022 the FCC launched a “Notice of Inquiry” that proposes to increase the national broadband standard to 100 Mbps for download and 20 Mbps for upload.

Moreover, the Notice of Inquiry proposes to set a separate national goal of 1 Gigabit per second (Gbps)/500 Mbps for the future.

Broadband is a moving and escalating standard. The upward direction of broadband standards is a key factor in the decision to upgrade the objective for North County Broadband Strategic Plan to 1 Gbps symmetrical service.

1.2 Why Broadband, Why now?
It is apparent that our lives are becoming
increasingly digital and interconnected, leading to
the need for high-speed broadband in many daily
activities. Broadband access and adoption have farreaching impacts, including work, health, education, banking, eCommerce, and many others.

It also advances economic development by
enabling online job searches, job creation, and access to the digital economy. Furthermore, broadband can enhance government services by improving online access to the administration and thus bringing government and public services closer to the citizens.

Another crucial aspect of broadband is public safety, as it can aid in disaster and emergency response by ensuring early and frequent communication during emergency events. In addition, broadband can contribute to sustainability by facilitating the use of smart efficient technologies that include remote sensors, optimization of energy consumption and road traffic management, among others. Broadband technologies are a facilitator of the concept of Smart City, which uses broadband capacity to bring all these capabilities together.
7 Federal Funding Account Program Rules and Guidelines

What is Broadband?
Broadband definitions are an
expression of speed measured in
bits per second. Broadband is a
moving and escalating standard.

Exhibit A

Introduction
North County Broadband Strategic Plan 14
Broadband improves quality of life by providing access to entertainment through streaming services, online games, and social media interactions. As the world continues to shift toward a hybrid physical and virtual environment, high-speed broadband will become increasingly necessary for individuals and communities to thrive in multiple aspects of daily life.
• A study by Stanford University8found that remote work leads to a 13% increase in productivity. • A report by Global Workplace Analytics9 estimated that companies can save up to $11,000 per year per employee by allowing them to work remotely, reducing office space requirements, lowering utility costs, and decreasing absenteeism.
• A study conducted through searching different medical databases identified the important role of telehealth services in preventing, diagnosing, treating, and controlling diseases during COVID19 outbreak10 .
• An article from Salesforce showed that E-government can help modernize administration procedures, improve economies, and promote transparency in the process11. • An article from Granicus, a provider for government online solutions, states that online communication can increase citizen participation rates by providing flexible access to participate and democratize community voices, bringing new opinions and options to the light of day12. • A report from Pew Research13 showed that 70% of Americans over the age of 65 now use the internet, and many of them use it for online shopping, eliminating the physical barriers that may prevent them from visiting stores.

The Digital Divide
The digital divide refers to the gap between those who have access to high-speed broadband services and those who don’t. The lack of broadband access has significant consequences for individuals and communities, including educational and economic disadvantages, limited access to healthcare and social and political isolation. It is therefore crucial to address this issue to achieve digital equity, “a condition in which all individuals and communities have the information technology capacity needed for full participation in our society, democracy, and economy”
14 .

The motivation for large scale federal and state funding initiatives is to close the digital divide. The most important initiatives are summarized below:
8 Does Working from Home Work? Evidence from a Chinese Experiment | Stanford Graduate School of Business 9 Telework Savings Potential - Global Workplace Analytics 10 The role of telehealth during COVID-19 outbreak: a systematic review based on current evidence - PMC (nih.gov) 11 Advantages and Obstacles of Making the Transition to E-Government - Salesforce.com 12 8 Advantages of Online Communication | Granicus
13 Share of tech users among Americans 65 and older grew in past decade | Pew Research Center 14 The Digital Equity Act of 2021
Exhibit A

Introduction
North County Broadband Strategic Plan 15

1. The American Rescue Plan Act of 202115 includes funding for broadband infrastructure deployment and affordable adoption, particularly in rural and low-income areas.

The American Rescue Plan Act created the Emergency Connectivity Fund16, providing $7.171 billion to reimburse schools and libraries for providing free broadband service (and connected devices) to students and patrons at their homes.

2. The California Broadband for All Action Plan17 which led to SB 156, aims to provide high-speed broadband access to all Californians by 2030 through a comprehensive approach that includes increasing infrastructure investment, streamlining permitting processes, and promoting public-private partnerships.

3. The SB-156 initiatives18 focus on identifying and addressing broadband service gaps through the deployment of broadband infrastructures in unserved and underserved areas of the state, typically formed by rural and low-income communities. As part of the state’s 2021 Budget, SB 156 (Chapter 112, Statutes of 2021) allocated a $6 billion multi-year investment to this effort.

4. The Federal Infrastructure Investment and Jobs Act (IIJA)19 provides $65 billion in investment funding for high-speed broadband infrastructure projects.

5. The Broadband Equity, Access & Deployment (BEAD) program20 a major component of the IIJA, provides $42.45 billion in funding to support broadband infrastructure deployment and adoption, particularly in underserved and disadvantaged communities.

The North County Broadband Strategic Plan establishes a strategy to improve and accelerate the state of broadband while closing the digital divide and preparing the communities for a broadband future.

1.3 Broadband Technologies and concepts

1.3.1 Broadband Concept and Architecture
Broadband refers to telecommunications technologies that provide high-speed internet connections to end users including households, businesses, and anchor institutions.

Broadband connectivity provides users with access to advanced digital services such as telehealth, ELearning, remote working, videoconferencing, interactive gaming, and pervasive video monitoring. The FCC has defined the minimum download speeds required for adequate performance of typical online activities21, which are displayed in Table 1.
15 American Rescue Plan | The White House
16 Emergency Connectivity Fund | Federal Communications Commission (fcc.gov) 17 Action Plan | California Broadband Council
18 State of California Middle-Mile Broadband Initiative 19 Infrastructure Investment and Jobs Act - IIJA
20 Broadband Equity, Access, and Deployment (BEAD) Program | BroadbandUSA (doc.gov) 21 Broadband Speed Guide | Federal Communications Commission (fcc.gov) Exhibit A

Introduction
North County Broadband Strategic Plan 16
Table 1. FCC’s Broadband Speed Guide
Activity Minimum download speeds (Mbps)
General Browsing and Email 1
Voice over Internet Protocol (VoIP) Calls Less than 0.5 E-learning 5 - 25
Telecommuting 5 - 25
File Downloading 10
Social Media 1
Streaming High Definition (HD) Video 5 - 8
Streaming Ultra HD 4K Video 25
Standard Personal Video Call (e.g., Skype) 1
HD Personal Video Call (e.g., Skype) 1.5
HD Video Teleconferencing 6
It is noteworthy that the available connection bandwidth for a broadband connection is distributed among all services that are simultaneously being utilized. Therefore, a broadband connection must have sufficient bandwidth to accommodate a range of services at the same time.

ISPs are the companies that provide broadband connectivity to the global Internet network. To acquire the services of an ISP, a physical link must be established between the customer premise and the ISP's Point-of-Presence (PoP).

The broadband network is subdivided into distinct segments, each of which manages a larger number of connections and data volumes. These segments are referred to as the “last mile/access network”, "middle mile", and “backbone” or “first mile”. Figure 2 displays these network segments.

Figure 2. High-level broadband network architecture.

Customer Premises
A “customer premise” refers to a specific location where users access and utilize the internet. This may include residential homes, businesses, enterprises, or community anchor institutions. Premises are also referred to as “broadband serviceable locations”.

Exhibit A

Introduction
North County Broadband Strategic Plan 17
The internet connection provided by the ISP is terminated at a device known as the Customer Premises Equipment (CPE). The CPE facilitates local connections for users to access the internet, usually with a network cable or Wi-Fi connection.

Last Mile
The last mile segment of the network is situated in closest proximity to the customer and is responsible for establishing connections between individual customer premises and an access node. Each access node consolidates connections from numerous customer premises.

In comparison to other segments of the network, the last mile segment offers the lowest bandwidth.

Nonetheless, it has sufficient capacity to accommodate the bandwidth requirements of a specific number of customers. The cost of the last mile segment can be quite significant and is subject to variations based on the density of households in the area.

The selection of a particular technology for the implementation of the last mile segment will depend on several factors, including bandwidth requirements, economic considerations, and geodemographic conditions. Some of the currently available technologies for implementation of this segment include:
• Digital Subscriber Line (DSL)
• Data Over Cable Service Interface Specifications (DOCSIS) • Fiber-to-the-Home (FTTH)
• Fixed Wireless Access (FWA)
• Satellite
Middle Mile
The Middle Mile segment of the network encompasses the connections established between each access node and an aggregation node. The primary function of each aggregation node is to group the connections of multiple neighborhoods or small towns. It serves as an intermediate layer between the last mile segment which connects customer premises to access nodes and the backbone segment which carries traffic between aggregation nodes and the internet.

Typically, fiber optic technology is used to implement the middle mile segment due to its high bandwidth capacity. However, there are cases where deploying fiber infrastructure is not a viable option and wireless microwave links may be utilized as a more cost-effective alternative. For example, this may be the case when an access node is in a remote area or when the cost of fiber construction is prohibitively expensive due to the nature of the terrain.

Backbone
The backbone segment refers to a high-capacity network that provides interconnections between various ISP's PoPs and to local and remote data centers. The primary function of the backbone is to aggregate traffic from several large geographic regions, such as medium to large cities or major towns.

As a result, the backbone links require a much higher bandwidth capacity than middle mile links since they transport a massive amount of data.

Given the bandwidth requirements of the backbone segment, it can only be effectively implemented using fiber optic technology, which provides the necessary high-speed data transmission capacity. The backbone segment plays a crucial role in the broadband infrastructure as it enables efficient transport of data over long distances, facilitating the interconnection between global internet networks.

Exhibit A

Introduction
North County Broadband Strategic Plan 18

1.3.2 Broadband Technologies
Although fiber optic technologies are widely used in the middle mile and backbone segments of broadband networks, a variety of broadband technologies are available for implementation in the last mile / access network segment. Thus, it is crucial to evaluate each technology and its characteristics, such as reliability, cost, reach, and bandwidth. The following section describes the most relevant technologies.

Digital Subscriber Line
Digital Subscriber Line (DSL) technology provides broadband services over existing telephone copper lines. A DSL modem serves as the CPE and the access node is implemented through a DSL Access Multiplexer (DSLAM) which is typically located at the local telephony exchange building.

DSL speeds are dependent on the distance between the customer location and the access node, with speeds ranging from a few hundred Mbps at distances less than 300 feet to 20-30 Mbps at distances greater than 0.5 miles. Longer distances, beyond several miles, may impede the use of this technology in the last mile section of the network.

Broadband networks that use existing copper wires usually require low investment as they reuse existing infrastructure. However, these infrastructures are old and prone to failure, especially in long cable runs.

Figure 3 below depicts the high-level architecture for DSL technology.

Figure 3. DSL high-level architecture
Data Over Cable Service Interface Specifications
Data Over Cable Service Interface Specifications (DOCSIS) technology allows cable providers to offer high-speed internet service to their customers over their existing coaxial cable infrastructure, which was originally designed for delivering cable TV signals. With DOCSIS, cable providers can leverage the existing network infrastructure to deliver internet speeds that can rival those of traditional DSL or some fiberoptic connections.

In the DOCSIS architecture the CPE is referred to as cable modem, and the access node as the Cable Modem Termination System (CMTS).

As in the case of twisted pairs, coaxial cables have a low cost and deployment effort since most of the cabling infrastructure is already in place and minimum upgrades (like user equipment and intermediate amplifiers) are required.

Exhibit A

Introduction
North County Broadband Strategic Plan 19
DOCSIS enables data speeds up to 1 Gbps and more with a maximum distance of 5 miles and good cable conditions. With this technology, the coaxial cable is shared with various subscribers, and so is the bandwidth, which is distributed between the subscribers making simultaneous use of the network.

Figure 4 shows the associated architecture.

Figure 4. DOCSIS high-level architecture
Fiber-to-the Home
Fiber to the Home (FTTH) is a type of access network that employs fiber optic cables to connect many individual subscribers to the access node. Typically, FTTH is implemented through a passive optical network (PON) where the fiber cable emerging from the access node is "split" to reach multiple subscribers who will share the available bandwidth. The CPE in this architecture is referred to as an Optical Network Terminal (ONT), while the access node is known as an Optical Line Terminal (OLT).

Fiber optic cables are very thin cables (the size of a human hair) made of glass that transport data in the form of light pulses, which are immune to electric or magnetic interference. Fiber optic systems enable bandwidths from hundreds of Mbps to hundreds or even thousands of Gbps and transmission over long distances. Importantly, distance and speed will depend on the transmission technology being used, that can be upgraded without modifying the fiber infrastructure. Thus, fiber installed today can achieve higher bandwidths by upgrading the equipment, ensuring a future-proof network.

One popular FTTH standards is XGS- Passive Optical Network (PON). XGS-PON is a 10-Gigabit-capable symmetric optical network that can deliver downstream and upstream line rates of 9.95328 Gbit/s per OLT optical port, shared by up to 64, 128, or 256 subscribers through fiber “splits”. Additionally, an XGSPON network supports a physical distance of up to 12.4 miles between OLT at the access node and ONTs at customer locations.

The costs associated with fiber networks are typically the highest when they require the construction of new infrastructure. Although the initial cost might seem high, the deployment of fiber provides robust future-proof networks with high reliability and extremely high bandwidth.

Deployments of FTTH can achieve symmetrical connections at the customer premises of up to 1000 Mbps downlink and 1000 Mbps uplink. Moreover, FTTH can be deployed by leveraging existing civil infrastructures such as electric poles and utility holes, which significantly reduces the capital expenditure (CAPEX).

The high-level architecture of a FTTH access network is presented in Figure 5 below.

Exhibit A

Introduction
North County Broadband Strategic Plan 20
Figure 5. FTTH high-level architecture.

Fixed Wireless Access
Fixed Wireless Access (FWA) technology distributes broadband services to customer premises via wireless signals. Various techniques can be utilized to implement FWA, including Time-Division Multiple Access (TDMA), and more recently, 4G and 5G technologies. FWA services are typically provided by ISP or Mobile Network Operators (MNOs).

More recently, the FCC has reallocated the use of 3.5GHz spectrum known as Citizens Broadband Radio Service (CBRS) spectrum for use by private and public entities under various licensing regimes. This is an increasingly viable solution for rural communities.

In FWA, wireless signals are transmitted from antennas positioned atop high towers or buildings and received using CPEs located outside the customer's building.

The bandwidth capacity of FWA depends on the wireless technology being used. For instance, 4G technology can meet 25 Mbps/3 Mbps per subscriber, while 5G technology can provide services of 100 Mbps/20 Mbps or higher. Wireless propagation can be affected by weather conditions, which can interfere or attenuate the signal.

FWA is commonly considered a suitable alternative to FTTH when fiber deployment is too costly or when there are geographic constraints such as challenging terrain.

Figure 6 illustrates the high-level architecture for FWA technology.

Figure 6. FWA high-level architecture
Exhibit A

Introduction
North County Broadband Strategic Plan 21
Satellite
Satellite broadband is an alternative wireless technology that enables high-speed bi-directional internet connections through communications satellites. The quality, speed, and cost of satellite connections vary depending on the type of satellites and their orbits. Low Earth Orbit (LEO) satellites, situated between 200 and 2,000 kilometers above the earth, provide high speeds at reasonable costs by using a constellation of satellites which is constantly changing in the sky. Geostationary satellites in contrast are positioned at altitudes of about 36,000 km which allows them to maintain the same position with respect to the Earth surface.

In satellite broadband, the CPE consists of a Very Small Aperture Terminal (VSAT) equipped with a flat (LEO) or parabolic (geostationary) antenna to establish a connection with the satellite, and a home router. The satellite relays the connection to the satellite hub, which links directly to a backbone node or ISP PoP.

Satellite links are sensitive to weather conditions, as it can affect the signal attenuation between the VSAT terminal and the satellites. This is especially important in the case of geostationary satellites due to the much longer link length.

Satellite systems are typically used in remote areas where neither fiber nor microwave links are viable, such as ranches, farms, or isolated homes. Costs associated with satellite services can be high, and the typical speeds offered are in the range of 25/3 Mbps for typical LEO systems.

The high-level network architecture for Satellite technology is captured in Figure 7.

Figure 7. Satellite system high-level architecture
Exhibit A

Introduction
North County Broadband Strategic Plan 22
As a summary, Table 2 provides a comparison of the last-mile technologies described in this section.

Table 2. Last-Mile Technology Comparison
Last Mile
Technology Cost Speeds Reliability Deployment Complexity DSL Low
• Low speeds
• Decreases with the length of
the copper line
High Low
DOCSIS Low
• Medium to high speeds
• Decreases with the number
simultaneous users
High Low
FTTH High
• Extremely high
speeds/bandwidth
• Easily upgraded to achieve
faster speeds
High High
FWA Medium-high
• High speeds.
• Signal strength decreases with
distance, reducing data speed
High Medium
Satellite High
(operating cost)
• Medium speeds
• Regular user experience due
to high signal delay
Low to
medium
Low
(considering satellites
are in place)

1.4 Project Scope & Approach
The scope of the North County Broadband Strategic Plan focuses on developing an actionable plan that outlines the steps needed to achieve equitable access to broadband services for all residents, regardless of their income or geographic location. The project scope also includes the identification of strategic partners and the analysis of suitable connectivity scenarios and operating models along with the associated economic impact.

This scope of work was augmented to conduct a Request for Information (RFI) with the ISP community, submit a crowdsource challenge to the FCC Broadband Data Collection, and to engage with ISPs to encourage submission of concept proposals to address the revised objective of 100% availability of gigabit symmetrical service.

The scope of work was delivered over the course of six months from October 2022 to March 2023 according to the methodology depicted in Figure 8.

Exhibit A

Introduction
North County Broadband Strategic Plan 23
Figure 8. Project Methodology.

As shown, there are four workstreams, which are aligned with the North County Broadband Strategic Plan RFP. The first workstream involves convening meetings and conducting outreach, followed by the second workstream which focuses on comprehensive data collection phase. This phase was critical in gaining a complete understanding of North County's broadband availability and adoption, as well as technical, economic, and social constraints that required analysis to effectively bridge the connectivity gap. Using the collected data, the third workstream, Analysis Development, assesses technical options while considering funding and public private partnership (PPP) opportunities. These efforts lead to the final set of recommendations described in Section 6 Broadband Strategy & Action Plan.

The task areas for each workstream are summarized below:

Workstream 1 – Convene Meetings & Outreach
The initial workstream includes the project kick-off and reaching out to the relevant stakeholders to initiate the data collection and project scoping. Tasks in this workstream include:
• Broadband Needs Analysis. Inputs were gathered via a public forum for each City, a regional needs assessment survey, and public data research. This information was organized and analyzed, including comprehensive Geographic Information System (GIS) analysis to determine priority areas.
• Infrastructure Assessment. This includes research from publicly available data sources (e.g., Paso Robles GIS Portal, Energy Information Administration (EIA), California Department of Transportation (Caltrans)) the development of data collection checklists for the Cities and the subsequent collection of infrastructure data via workshops with key City staff and utilities.

Collected data were integrated into the GIS Plan to support the analysis and the development of network design scenarios. City policies, permitting and other regulations for Broadband were also assessed and consolidated into a Broadband Readiness Assessment.

Separately, the development, issuance and management of an ISP RFI process was incorporated into this workstream to assess ISP interest and capability to deploy broadband services across the Cities.

Exhibit A

Introduction
North County Broadband Strategic Plan 24
Workstream 2 – Data Collection
The Data Collection Workstream receives the results of the needs and infrastructure assessment. The activities in this workstream include a thorough assessment of funding sources, development of a network design, identification of operating preferences, and an analysis of the digital divide:
• Funding Sources Assessment. Federal and state broadband funding programs were researched, followed by a preliminary evaluation of eligibility for Atascadero and Paso Robles. Extending further, an assessment of the probability of successful outcomes associated with the various programs was performed to guide the Cities on where to invest grant writing efforts. • Network Design. A baseline city-wide FTTH design was developed and optimized leveraging existing infrastructure. Then, the network design was adapted based on the proposed connectivity scenarios.
• Operating Preferences. Each City’s preferences were captured through workshops with City staff where operating model options were discussed along with potential City contributions.

Separate discussions were conducted with Finance Directors to determine available funds and alternative funding options.
• Digital Divide Analysis. This activity included panel discussions in each community, desktop research, needs assessment analysis and interviews with various stakeholders to identify digital equity barriers and potential programs to address these barriers, based on the methodology for the State Digital Equity Plan.

Workstream 3 – Analysis Development
The Analysis Development workstream includes two key activities, a preliminary assessment of potential ISP partners and economic analysis, informed by the output of previous activities:
• Partner Qualification. A preliminary assessment of potential ISP partners was conducted based on desktop research. This analysis was further informed by the RFI process and subsequent discussions with interested ISPs.
• Economic Analysis. For the economic impact analysis, existing broadband studies within the region (and out of region) were reviewed, synthesizing the findings, and extrapolating for North County.

Workstream 4 – Final Project Deliverables
Project findings and recommendation are compiled and synthesized to construct the final Project deliverable:
• Broadband Strategic Plan. Findings and recommendations were consolidated into a cohesive plan, including a roadmap with prioritized initiatives and action items.

Exhibit A

North County Broadband Strategic Plan 25
2 Broadband
Community Profile
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 26

2.1 Socioeconomic and demographic profile
The community of Paso Robles in Northern San Luis Obispo (SLO) County has a multi-generational history in agriculture. Paso Robles is located on the Rancho El Paso de Robles Mexican land grant that was purchased in 1857. The City was incorporated in 1889, just a few years after Southern Pacific Railroad came through. Known for its mineral hot springs, still accessible to this day, it continues to be a popular tourist destination. The City benefits from the revenue generated by tourism and destination travel due to the surrounding wine region and ancillary industries including wine sales, restaurant and hotel services and the sale of farm equipment and supplies. Over the past several years, the City is actively engaged in expanding and diversifying their economy with a focus on the development of a Space Innovation and Technology Park in partnership with California Polytechnic State University, SLO, and Cuesta Community College North Campus. Work efforts are underway to secure a Federal Aviation Administration (FAA) licensed Spaceport along with their existing Airport license22.

Unique to Paso Robles is that a sizable portion of the downtown core of the City, shown in Figure 9 has the Federal designation as a Qualified Opportunity Zone (QOZ), making it more attractive for new investments23.
22 Paso Robles Community Profile (accessed March 2023)
23 The purpose of identifying these zones was to spur economic development and job growth by providing a tax benefit to investors. The length of time that the investor holds onto the investment determines the tax benefits they receive.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 27
Figure 9. Paso Robles Qualified Opportunity Zone.

The median age of the community was 37 years old with 17.5% of the population over 65 years old, according to the 2021 Census data. While the community is predominantly white, 55.2%, followed by Hispanic or Latino at 35.6%, the rest fall within a smaller demographic of two or more races and less than 2% are American Indian or Alaska Native24. Data provided by Paso Robles Unified School District reports that of their 6,341 students, 20.11% are considered English Language Learners (ELL), the breakdown is as follows:
• Spanish – 93%
• Mixteco – 5.25%
• Arabic – almost 1%
The remainder of the ELL students speak Mandarin/Chinese, French, Khmer/Cambodian, Russian and Vietnamese with a small grouping of ‘other’.

The education breakdown for Paso Robles is presented in Figure 10. As shown, 37.91% of the population have an associate degree or higher; and 65.08% have completed some college or higher25. 24 U.S. Census Community Snapshot (accessed March 2023) 25 Paso Robles Community Profile (accessed March 2023)
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 28
Figure 10. Paso Robles Level of Education.

The median income in 2021 dollars, calculations analyzed between 2017-2021, was $75,569 with approximately 9% of the population considered to be in poverty26. Over 60% of the 6,341 students enrolled in the Paso Robles Unified School District qualify for the National School Lunch Program (NSLP)27. While the student population may not live entirely within the City limits, the data suggests that the Federal designation of poverty may not accurately reflect households that fall below median income. According to the data, 60% of Paso Robles residents are homeowners and 40% rent.

The Paso Robles Housing Authority (PRHA) currently operates 301 Multi Family Affordable Housing Units within their Oak Park complex with an average of 3.5 individuals in each unit. Approximately 32% are K12 and 11% are seniors, 55 years of age and up. The Chet Dotter site is a 40-unit 100% senior population. The households are 85% Hispanic or Latino and are considered low income, as they fall 60% or more below median income of $65,640. Area Median Income (AMI) by household for SLO is established by the California Tax Credit Committee (CTCAC) and was $109,400 in 202228.

People’s Self-Help Housing (PSHH) manages multiple properties including farmworker housing, family housing, housing for seniors, and individuals living with disabilities. The total number of units is 197.

In 2022, Paso Robles was home to 1,890 businesses with the leading industries by jobs as follows: retail, accommodation and food services, manufacturing, and education. Over 67% of these businesses have 4 or less employees and only 0.74% with 100+ employees. Many of the retail, and accommodation and food services jobs are low wage jobs and do not cover living expenses. Those working in these industries must have multiple incomes within a household or will likely need to live in subsidized housing. While most employers are small business owners, over 3,000 of the total jobs include Executive Manager and Administrators and Office and Administrative support which impacts the work distribution to skew predominantly white collar29.
26 U.S. Census Community Snapshot (accessed March 2023) 27 National School Lunch Program, who qualifies (accessed March 2023) 28 California Tax Credit Committee (accessed March 2023) 29 Paso Robles Community Profile (accessed March 2023)
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 29
The community of Atascadero is in Northern SLO County and intersected by U.S. Highway 101 (the 101) and the California Highway 41 in the center of the main business corridor. The land encompassing Atascadero was founded in 1913 by EG Lewis and intended to be a utopian planned colony. The land was subdivided, and infrastructure installed to support an anticipated population of 30,000. In 1979 Atascadero was incorporated as a city. The surrounding area is primarily rural residential with some agriculture, predominantly cattle grazing. While much of Route 101 incorporates the historic El Camino Real throughout the length of the State, this is not the case for Atascadero. The El Camino is the main road running the length of the community and is critical for accessing businesses and residences all along the way. Atascadero has tended to be a bedroom community and therefore has historically struggled at developing a sales tax base that is vital for community development and planning. In the past decade, significant efforts have been made to encourage business development, increase housing units, and enhance opportunities for local and regional tourism to draw people into Atascadero and the downtown core.

The median age of the community in 2021 was 40 years old with 16.9% of the total population over 65.

The City is predominantly white, 74.3%, followed by Hispanic or Latino at 18.3% and Asian, American Indian, and Alaska Native and African American, combined and accounting for 3.7% of the total population30. Data provided by Atascadero Unified School District (AUSD), 7.6% of their student population are ELL with Spanish as their primary language.

The education breakdown for Atascadero is presented in Figure 11. As shown, 41.01% of the population in Atascadero have an associate, bachelor, or graduate degree31. 30 U.S. Census Community Snapshot (accessed March 2023) 31 https://reachcentralcoast.org/atascadero/ (accessed March 2023) Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 30
Figure 11. Atascadero Level of Education.

The median income in 2021 dollars, calculations analyzed between 2017-2021, was $82,777 with over 8% of the population considered to be in poverty32. In November 2022, AUSD reported that 48.99% or 2,104 of their students qualified for the NSLP. This number includes students who attend AUSD schools outside of the City limits. Data accessed reported that 65% of residents own their home and 35% rent.

Within City limits, there are approximately 650 units that accommodate a variety of housing for lowincome and of those, 19 are for seniors ages 55 and above and 93 are for seniors ages 62 and older33 .

In 2022, Atascadero was home to 1,421 businesses with the leading industries by jobs being healthcare and social services, retail, accommodation and food services, and education. Almost 70% of these businesses have 4 or less employees and only 0.56% with 100+ employees. The largest employer is the Atascadero State Hospital (ASH), a secure forensic hospital that houses felony defendants, severely mentally disable individuals, and other offenders with mental health issues requiring acute care. Some are prison transfers who require temporary mental health treatment and are there to stabilize before returning to other facilities. ASH reports that they have approximately 2,140 employees34. Largest job counts by occupation, from highest to lowest are office and administrative support, health diagnosing and treating practitioners, sales, executive managers and administrators, and food preparation and serving for a total of 5,712. While retail and accommodation and food are two of the four largest industries, white collar jobs account for 71% of total employees35. 32 U.S. Census Community Snapshot (accessed March 2023) 33 Published by HASLO (accessed March 2023)
34 Department of State Hospitals – Atascadero (accessed March 2023) 35 https://reachcentralcoast.org/atascadero/ (accessed March 2023) Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 31

2.2 Broadband Availability
This section provides a detailed analysis and quantification of broadband service availability in North County based on data from the FCC, CPUC and end user speed tests. In addition, an analysis of ISPs operating in the area was conducted to understand service offering and technology.

The framework for assessing broadband service availability is the unserved and underserved definitions established in Section 1.1. This framework is critical as it aligns with FCC and CPUC and is directly tied to eligibility criterion in various federal and state broadband funding programs.

In Section 4.3, an overview of funding vehicles and the prospect for funding is conducted largely based on broadband availability data from this section.

2.2.1 FCC National Broadband Map
The FCC Broadband Data Collection and the FCC Serviceable Locations Fabric are important sources of information to determine locations lacking acceptable broadband service to inform the Strategic Plan and potentially to trigger the pursuit of federal or state funding. In this Section an overview of FCC Broadband data is provided with analysis of the ISPs operating in North County, the choice of ISPs by census block in North County and finally the critical views on broadband service availability.

Scope and content of the FCC Broadband Data
The new FCC Broadband Data Collection released in
November 2022 and the FCC Serviceable Locations
Fabric, are initiatives undertaken by the FCC to
improve the accuracy and reliability of broadband
data collection and mapping.

The FCC Broadband Data Collection program
requires ISPs to report more detailed information
about their service offerings and coverage areas,
including information on the speeds, technologies,
and pricing of their services at the serviceable
location level based on the FCC Serviceable
Locations Fabric which includes all the locations
where broadband service is required across the
country. There are approximately 120 million
serviceable locations across the country in this FCC
database.

The FCC Broadband Data Collection dataset includes, for each serviceable location and ISP, information on the technology used to provide the service and the maximum advertised download and upload speeds. This information is used to create broadband availability maps that help policymakers and consumers make more informed decisions about broadband services.

North County obtained access to the FCC Broadband Data Collection dataset and the FCC Serviceable Location Fabric in December 2022 shortly after its release.

Service Providers in North County
Service providers are mandated to report their maximum advertised speeds to the FCC so that broadband service can be characterized. Table 3 shows the ISPs operating in North County and the A fast analysis of the data was
conducted by TeleworX and a
crowdsource challenge was
submitted based on speed test
data before the January 13th,
2023 deadline. This is part of an
ongoing challenge process that
is required to improve the
accuracy of the dataset and to
make sure North County is
properly represented.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 32
available broadband technologies and speeds according to the data reported to the FCC. Incumbent ISPs report a mix of wireline technologies, but FTTH technology offering gigabit symmetrical service is rare.

The smaller local ISPs deploy fixed wireless technologies to reach their subscribers. National MNOs also rely on fixed wireless services to reach their customers.

Table 3. ISP Service Offering in North County
All ISPs reported their ability to provide services in both Paso Robles and Atascadero Category ISP Available Technologies Type
Incumbent Wireline
Providers
AT&T Copper | FTTP Wireline
Charter Cable | FTTP Wireline
Digital West (Astound) FTTP Wireline
Regional / Local
Providers
Outback Internet Unlicensed FWA Wireless
Ranch WiFi Unlicensed FWA Wireless
Surfnet Communications Licensed FWA | Unlicensed FWA Wireless TPx Communications Copper Wireline
Wilson Creek Communications Unlicensed FWA Wireless
Mobile Network
Operators
T-Mobile Licensed FWA Wireless
AT&T Unlicensed FWA Wireless
Verizon Licensed FWA Wireless
Note: ISPs above include all the ISPs that reported to the FCC that they provide fixed broadband services within the Cities of Atascadero and Paso Robles.

Further analysis of the FCC data indicates that wireline ISPs are the dominant broadband solution in North County. Analysis of speed test data and Needs Analysis surveys indicate Charter is the dominant wireline ISP.

Table 4 shows that wireless ISPs compared with wireline ISPs, provide service >100/20 to 12% less serviceable locations for Atascadero and 38% less for Paso Robles.

Table 4. Served locations per type of ISP
City Total Serviceable
Locations Wireline Wireless
Wireline +
Wireless
Atascadero 10,276 9,681 | 94.2% 8,415 | 81.9% 10,065 | 97.9% Paso Robles 10,710 10,616 | 99.1% 6,573 | 61.4% 10,687 | 99.8% Service Provider Choice
Another significant metric obtained from the FCC data is the number of available service providers by Census block, since this is an indicator of the level of competition. An area with broadband serviceability but limited provider options typically result in higher prices and limited choices for end users36 37.

Results of the analysis presented in Table 5 and Figure 12 show that 20.5% of the population in Atascadero (36% of the Census blocks) and 33.6% of the population in Paso Robles (45% of the Census blocks) are served by only one wireline provider or no provider at all. The lack of effective broadband 36 Broadband Prices are Soaring. Competition is the Answer | Benton Institute for Broadband & Society 37 Competition in the Broadband Internet Market - Secretariat Economists (ei.com) Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 33
competition was also raised as an issue of concern in the Needs Assessment Survey by residents and businesses.

With limited options for internet service providers consumer choice is often limited to high prices and subpar service. To the extent there are two wireline ISPs in a census block with one ISP offering comparatively low speeds, a de facto monopoly exists at the census block level. Lack of competition also dampens ISP investment and innovation in North County38.

Table 5. Available wireline ISPs per Census Block and served population.

Census Blocks Population
Number of ISPs Atascadero Paso Robles Atascadero Paso Robles 0 60 |13.7% 170 | 19.5% 665 |2.2% 151 | 0.5%
1 98 |22.4% 219 | 25.1% 5,442 |18.3% 10,438 | 33.1%
2 276 |63.2% 479 | 54.9% 23,324 |78.2% 20,839 | 66.0%
3 3 |0.7% 4 | 0.5% 384 |1.3% 128 | 0.4%
Total 437 |100% 872 | 100% 29,815 |100% 31,556 | 100%
North County is predominantly a two-service provider area. After examining speed-test data, which has no instance of an AT&T subscriber, it appears that the Cities are de facto one service provider area. In the areas of the City where there is only one provider, it is almost always Charter.

Note: Larger versions of these maps can be found in Appendix IV.

Figure 12. Number of wireline ISP options offering broadband service > 25/3 by Census Block 38 72% of the respondents to the Needs Assessment survey were Charter customers, followed by AT&T with 9% Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 34
FCC Broadband Service Availability
The examination of FCC broadband availability data in North County indicates that the percentage of unserved and underserved areas in the region is small, with 2.1% of serviceable locations in Atascadero and 0.2% in Paso Robles.

Table 6. Unserved Serviceable Locations considering wireline and wireless connectivity.

Atascadero has 11 times more unserved locations than Paso Robles City Total Serviceable
Locations
Unserved
(<25/3)
Underserved
(25/3 to 100/20)
Paso Robles 10,710 12 | 0.1% 11 | 0.1%
Atascadero 10,276 133 | 1.5% 58 | 0.6%
Analysis of this data reveals geographical distribution of the unserved locations which is a critical input into designing a solution. Solutions for the unserved are more practical and cost effective when they are clustered together.

Table 6 provides the counts and percentage of unserved and underserved according to the FCC data.

Figure 13 shows at the Census Block level that unserved areas are mainly in the areas surrounding the Paso Robles airport and west Atascadero.

The low counts of underserved locations are related to the speeds being offered by the ISPs. Most ISPs that are capable of offering speeds higher than 25/3, also have an offering above 100/20 and this is the speed that is reported in the FCC dataset.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 35
Note: Larger versions of these maps can be found in Appendix IV.

Figure 13. FCC Unserved / Underserved locations by census block

2.2.2 CPUC California Broadband Map
CPUC is responsible for overseeing the regulation of telecommunications services in the state of California. Like the FCC, the CPUC uses broadband data collected across California to develop its California Interactive Broadband Map.

The California Interactive Broadband Map39 is a web-based tool that provides information on broadband availability and quality across the state at the census block level. The map provides data on broadband speeds, service providers, and coverage areas, as well as information on areas where broadband service is lacking or inadequate. This map also provides a first look at area eligibility for California Advanced Services Fund (CASF) applicants.

The information displayed in the Broadband Map is annually refreshed by the CPUC40 and the new map is expected to be released on March 31, 202341.

Different layers in the interactive Broadband Map provide information on broadband adoption and deployment and inputs necessary for grant development. In addition, it captures the results of the Summer 2022 CalSPEED Mobile Drive Test results. Satellite connectivity is not collected in the California Interactive Broadband Map as it is not a grant-eligible technology for the CPUC managed initiatives. 39 Broadband Mapping Program (ca.gov)
40 This analysis uses the latest available data at time of writing the report – Release 4.0. December 2021. 41 CASF March 22, 2023, Webinar
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 36
The number of households located in unserved census blocks was obtained by referring to the data provided on the "Wireline Consumer Served Status" layer of the California Interactive Broadband map.

Table 7 presents the results. Note that CPUC data does not consider underserved connectivity; census blocks are characterized as either served or unserved, based on a 25/3 connectivity threshold.

Table 7. CPUC Unserved households
According to CPUC maps, Atascadero presents 3x more unserved households than Paso Robles
City Total Households Unserved
(<25/3)
Paso Robles 12,303 159 | 1.3%
Atascadero 12,244 470 | 3.8%
Figure 14 shows that most of Census blocks in North County have access to broadband internet with speeds of 25/3 Mbps or higher. However, there are still areas lacking adequate connectivity, particularly those located farther from the City center.

Note: Larger versions of these maps can be found in Appendix IV.

Figure 14. Distribution on server and underserved census blocks according to CPUC.

Similarities and Discrepancies between FCC and CPUC data Figure 15 illustrates a significant overlap in the geographic distribution of unserved locations when comparing data from both the FCC and CPUC.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 37
Figure 15. CPUC maps and FCC data comparison shows significant alignment in the identification of unserved locations.

CPUC maps and FCC data report similar results for unserved locations at the Census block level. Despite the general alignment of CPUC and FCC data, there is a notable inconsistency in the southwest region of Atascadero. CPUC records indicate that the area is served whereas FCC data suggests that most locations (103 out of 116, or 90%) in that area are unserved. This mismatch affects two census blocks and a total of 116 serviceable locations.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 38
Additionally, CPUC data reports that five Census blocks to the west of Atascadero, which encompass 245 serviceable locations, are served. However, FCC data reveals that 40% of these serviceable locations (99) are unserved. These inconsistencies, illustrated in Figure 16, will require reconciliation as they may impact funding application requests.

Comparing the CPUC and FCC broadband availability maps raises discrepancies that need to be reconciled in the ongoing quest for accurate data. There are challenge processes at both the CPUC and FCC level that can and should be pursued, particularly to the extent they impact funding opportunities.

Figure 16. CPUC and FCC views discrepancies.

2.2.3 Speed Tests
Speed tests are an important tool for gaining insight into broadband service performance across the North County Cities. Between October 2022 and January 2023, a speed test program was active in North County, providing valuable information about the actual quality and performance of internet connections in the area.

In Atascadero, 326 tests were conducted across 237 locations, spanning 144 Census blocks (33% of total). Similarly, in Paso Robles, there were 125 measurements taken in 88 locations across 81 Census blocks (9% of total).

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 39
Table 8 indicates that approximately 17% of the tested locations fall below the unserved threshold, with around 70% below the underserved threshold. Figure 17 illustrates a GIS view of these results.

Although latency and jitter measures in Atascadero are rated below Paso Robles, the average values for both Cities are sufficient to enable good quality of service for delay-sensitive services like video and voice calls.

Table 8. Speed Test Statistics
Concept Atascadero Paso Robles
# of Speed Tests 326 125
# of Locations 237 88

1. Locations <25/3 41 (17.3 %) 15 (17.0 %)

2. Locations 25/3 to 100/20 171 (72.2 %) 60 (68.2 %)

3. Locations >100/20 25 (10.5 %) 13 (14.8 %)
Ping Max 766.5 40
Ping Min 0.5 7
Ping Avg. 21.15 13.5
Jitter Max 116.13 34.5
Jitter Min 0.01 0.08
Jitter Avg. 7.23 5.07
ISP Name (# Speed Tests)
Surfnet Communications (4)
Outback Internet, LLC (3)
Ranch WiFi LLC (2)
Charter Communications Inc. (277)
Unrecognizable (40)
Outback Internet, LLC (1)
Charter Communications Inc. (113)
Unrecognizable (11)
# Census Blocks w/ Speed Tests 144 81
# Census Blocks w/o Speed Tests 293 791
% Census Blocks w/ Speed Tests 33% 9%
% Census Blocks w/o Speed Tests 67% 91%
Note: Larger versions of these maps can be found in Appendix IV.

Figure 17. Served Status by Census block based on speed test data.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 40
The results of the speed test assessment, although limited in the number of measurements, support the notion that Charter is the dominant ISP. Not a single end user speed test is attributable to AT&T, which infers a very small market share in North County.

2.3 North County Priority Area Identification
An important requirement from the North County RFP and the City management teams was to identify priority areas for broadband service. Priority areas for the City are low-income and disadvantaged communities and areas with economic development potential. New housing developments were also identified as priority areas.

This section examines the three priority area categories of interest to City management and serves as input into the Broadband Strategic Plan.

Low-income and disadvantaged communities
Low-income areas and disadvantaged communities often lack access to affordable broadband services or adequate broadband infrastructure. To identify low-income areas the 150% poverty line was used in alignment with the Digital Equity Act.42. Based on an average household size of 2.57 people, the 150% poverty line is $33,974, as compared to the Federal Poverty Guidelines for 2023, which set the poverty line at $22,649.

By analyzing the North County 12-month household income43, a concentration of low-income households was identified in the west of Paso Robles and southeast of Atascadero. This information was used in conjunction with the CPUC Wireline Served status map to identify 60 households in Atascadero and 23 in Paso Robles as low-income and unserved. It was further revealed that 30% of these households were in the northern part of Paso Robles. Figure 18 illustrates the geographical distribution of these low-income, unserved areas.
42 Digital Equity Act of 2021
43 B19001: HOUSEHOLD INCOME IN THE ... - Census Bureau Table Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 41
Figure 18. Distribution of low-income census blocks falling under CPUC Unserved Areas Socioeconomic Vulnerability Index
The Socioeconomic Vulnerability Index (SEVI) is a metric that represents the relative socioeconomic standing of communities, at the Census tract level, in terms of poverty, unemployment, educational attainment, language proficiency, and percentage of income spent on housing. In general, communities that score high on the SEVI are disadvantaged as they are more vulnerable to economic and social challenges.

It should be noted that SEVI is used by State Broadband Funding authorities to determine broadband funding eligibility. In addition, SEVI is a useful tool for City planners to identify areas of social need.

Disadvantaged communities can be found in the east and south of Paso Robles, as well as in the south and west of Atascadero, according to the SEVI indicator. By intersecting the CPUC data on unserved Census blocks with the SEVI analysis, it is possible to identify unserved disadvantaged communities.

Figure 19 presents this view, which highlights the priority Census blocks north and south of Paso Robles downtown and in the southwest corner of Atascadero.

Table 9 provides a summary of the distribution of unserved vulnerable households by SEVI index.

To the west and south of Paso Robles, and in the south and east of Atascadero, the SEVI criteria locates disadvantaged communities. By intersecting the CPUC maps for unserved Census blocks with the SEVI analysis mentioned earlier, it is possible to identify the unserved disadvantaged communities, which are mainly located north and south of Paso Robles downtown, and in the southwest portion of Atascadero.

Table 9 summarizes the distribution of vulnerable households that are unserved classified by the SEVI index.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 42
Note: Larger versions of these maps can be found in Appendix IV.

Figure 19. Disadvantaged Communities (Socioeconomic Vulnerability Index (SEVI)) Table 9. Vulnerable households in unserved/underserved areas by SEVI score Unserved Households
SEVI Score Atascadero Paso Robles
< 20% 365 0
20% to 50% 105 145
> 50% 0 14
Total 470 159
Economic Development Projects
The Paso Robles City Council has advanced plans for the creation of a commercial spaceport in this North County city. The proposed spaceport is targeted for Paso Robles Municipal Airport area and will be designed to attract space tech companies and support commercial spaceflight and research activities.

The City is currently waiting for approval of their application to the FAA for a spaceport license, which would allow it to conduct commercial space operations.

Constructing a spaceport in Paso Robles has the potential to greatly enhance the local economy by generating employment opportunities and luring advanced technology industries to the region. To ensure this objective is achieved it is essential to have access to high-speed broadband services.

After comparing the location of this new economic growth area with the CPUC maps in Figure 20, it was discovered that a substantial portion of the future development will lack suitable broadband services. It is expected that ISPs will extend their networks to cover this area if a sizable construction project is approved.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 43
Economic development priority area CPUC unserved areas within the economic development priority area
Figure 20. Identification of unserved locations in the economic development area In the case of the City of Atascadero, there are two main economic development projects: “Del Rio Road Commercial Area” and “North El Camino Real” corridor. Both projects are in areas with adequate internet connectivity.

Single and Multi-Family Housing Developments
Paso Robles is in the early stages of a decade plus build out of housing developments. Generally, a new housing development is seen as very attractive targets for the service provider community as they can deploy their infrastructure in a greenfield setting.

Paso Robles has not added any significant housing units since 2007 and now has 4,372 single family and multi-family units in queue. Information provided by the City identifies that the bulk of the new development is on the Eastside of Paso Robles. Some of the recent and upcoming projects are infill such as the Uptown/Town Center and then continuation of buildouts in the North. Within these projects, there will be affordable housing options for low-income families and seniors.

Figure 21 shows the location of the new single and multi-family developments within the city.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 44
Figure 21. Housing Developments
Figure 22 indicates that there is an overlap between the new housing projects and the areas that do not currently have access to broadband services. The southern portion of the development is anticipated to be impacted by inadequate connectivity which will hinder the ability of new residents to access broadband services. It is expected that these new housing developments will represent an attractive extension of broadband coverage for the ISPs.

Figure 22. Housing Developments & CPUC Unserved Areas
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 45
The City of Atascadero also has ongoing housing developments located mainly within the City’s core, which implies a high probability that these units will have adequate internet service.

The priority areas identified above are important inputs to the North County Broadband Strategy as broadband availability will have a significant impact on the social and economic development of North County.

2.4 Infrastructure Assessment
Identifying broadband and civic infrastructure that can be leveraged for broadband deployment is a crucial factor in lowering the cost of broadband deployment across the City and priority areas.

An asset inventory was developed by collecting data through public research and interviews with the Information Technologies (IT), Public Works, and Planning departments in Atascadero and Paso Robles.

An overview of the existing and planned infrastructure documented in the inventory is provided below:
1) City buildings and anchor institutions. As shown in Figure 24, there are 33 locations controlled by the Cities, 26 in Paso Robles, 7 in Atascadero. In addition, as shown in Figure 24 there are 88 anchor institutions, 30 in Paso Robles, 58 in Atascadero, including schools, healthcare facilities, public safety facilities, and retirement homes, among others. While these assets are considered as “broadband serviceable locations”, they can also be utilized to host network equipment, reducing the need for communication central offices and remote huts.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 46
Figure 23 City buildings
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 47
Figure 24. Anchor Institutions.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 48
2) Conduit and dark fiber. The City of Paso Robles has deployed conduit and fiber through various projects, totaling 10.1 miles of fiber. In addition, Paso Robles has been awarded a $3,537,447 Grant from the US Economic Development Administration (EDA) for the deployment of 14.2 miles of conduit and a 288-strand fiber providing connectivity to key areas of the city. These routes are captured in Figure 25.

Figure 25. City conduit and dark fiber in Paso Robles.

In the case of Atascadero, there is no conduit or fiber owned by the City that can be leveraged for broadband deployment.
3) Middle-Mile Fiber. There are two middle-mile projects that are relevant to North County, the Nacimiento Water Pipeline and the California Middle Mile Broadband Initiative (MMBI) also known as GoldenStateNet44.
44 https://goldenstatenet.org/ (accessed March 2023)
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 49
The Nacimiento Water Pipeline, shown in Figure 26, is a 45-mile pipeline from Lake Nacimiento to SLO. During construction conduit and fiber were deployed along the entire route, providing connectivity for the water system but also middle mile fiber for the County and cities involved, including Atascadero and Paso Robles. This is an asset that can connect last-mile networks to the internet or possibly offer route diversity and resiliency.

Figure 26. Nacimiento Water Pipeline
This middle mile network will ensure better
and more connectivity throughout the State
of California and improve the economics of
last mile networks, particularly in rural
areas. At the time of this writing the final
design has not been confirmed and
finalized. The middle mile construction
commenced in October 2022 in the San
Diego area and there is a statutory
requirement to complete the entire
network by end of December 2026.

The current design for SLO County is captured in Figure 27. As shown, the route includes Highway 101 from Santa Maria (in Santa Barbara County) to San Miguel, Highway 1 from GoldenStateNet is the entity that
will manage the planned middle
mile open-access network
consisting of 10,000 route miles
that is a central component of SB156 that provides $3.25 billion for the buildout.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 50
Guadalupe to Grover Beach and from SLO to San Simeon, and Highway 46 from Paso Robles to Cholame. A total of 184 miles are planned within SLO, including 7.5 miles in Atascadero and 8.5 miles in Paso Robles.

Figure 27. California Middle Mile Broadband Initiative – Current Design for SLO County.

GoldenStateNet can play an important role in developing last-mile access for North County, depending on the timing of its construction and potential synergies with ISP partners and other City projects.
4) Utility Infrastructure. The main utility asset that can be leveraged for broadband are the utility poles owned by the Pacific Gas & Electric Company (PG&E), which is the electric utility in the area. It is estimated there are existing poles covering 95% of the area in Atascadero and 91% in Paso Robles.

In Atascadero, there are 3.1 miles of abandoned sewer lines. Investigation into these sewer lines suggests that for cost reasons they are not likely to be repurposed for fiber deployment. These sewer lines are shown in Figure 28.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 51
Figure 28. Abandoned Sewer Lines in Atascadero.

2.5 Broadband Readiness
Broadband readiness refers to the assessment of local policies and regulations around broadband construction, reflecting the level of “readiness” or “friendliness” to attract broadband investments. This is a critical aspect in today’s environment as broadband needs throughout the country are exploding and service providers will look to prioritize investments based on attractive markets that can be deployed efficiently.

Broadband policies to facilitate Service Provider efficiency and to attract Service Providers have been demonstrated across the country. Recently, Ventura City Council approved an agreement with SiFi Networks to build a citywide fiber network45. Contributions from the City include access to the city’s 45 https://www.cityofventura.ca.gov/DocumentCenter/View/32475/13C Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 52
rights of way and a Master Encroachment Agreement. The City was able to avoid direct funding for this initiative, in part, through attractive broadband policies.

North County broadband readiness was assessed through workshops and interviews with the Public Works and Planning Departments of Paso Robles and Atascadero to understand their permitting and construction policies and processes. These policies were then evaluated based on the California Local Permitting Playbook46, considering the four categories illustrated in Figure 29..

Figure 29. Broadband Readiness Assessment Categories.

2.5.1 Permitting Process & Fees
The evaluation of this category includes the examination of the existing permitting processes and the applicable permit fees for broadband deployment against the best practices set forth below:
1) Document the permitting process and make it available to the public 2) Provide an online portal for permit applications
3) Establish a dedicated telecommunications permit
4) Distinguish between major and minor permits
In the case of Paso Robles, telecommunications permitting follows the standard encroachment permit process which is documented on the City website. There is no telecommunications-specific permit and there’s no distinction between major and minor permits. The permit application cannot be completed online.

For Atascadero, telecommunications permitting follows the standard encroachment permit process, but is not documented. There is no distinction between major and minor permits and, while the online application portal has been implemented47, it is not yet configured to process telecommunications permit applications. In addition, the permit fees are considered high as they are calculated on a per foot basis48.
46 State of California Local Permitting Playbook (August 2022) 47 https://permits.atascadero.org/eTrakit/
48 Trench - $675 plus $8 per linear foot; Boring - $675 plus $4 per linear foot; Overhead - $675 plus $2 per linear foot
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 53

2.5.2 Broadband Deployment Policies
Evaluation of broadband deployment policies were based on the following critical issues:
1) Microtrenching Policy49
Microtrenching is 3x faster and up to 6x cheaper than traditional trenching methods and has minimal environmental disturbance. California Senate Bill 37850 requires local agencies to allow, except as provided, microtrenching for the installation of underground fiber, if the installation in the microtrench is limited to fiber.
2) Dig Once Policy
A "Dig Once" policy encourages the placement of fiber or conduit in the ground whenever the road is dug up for a public works project. Dig Once policies break down barriers of entry for new market entrants, by lowering the cost of deployment51, creating a competitive marketplace that ultimately can result in more options, lower prices, and higher quality of service for consumers. 3) Access public assets for broadband deployment
The high capital cost of network construction is a primary challenge for broadband deployment.

Enabling service providers to lease existing public assets has the potential to reduce ISP cost while providing revenues to the city.

None of the policies above have been implemented by Paso Robles or Atascadero. However, it is important to note that Paso Robles has taken steps to install conduit alongside new road construction and major maintenance/repair work.

2.5.3 Construction Standards
Construction standards for aerial and underground fiber and conduit promote consistent and safe construction practices across broadband deployments. These standards can help enhance the permitting application and review processes. Construction standards should be industry best practices and they should also be publicly accessible and transparent.

Both Paso Robles and Atascadero have construction standards available through their web portals. In the case of Paso Robles this includes standards for underground utility location and Pipe in Trench, but no further details are provided. For Atascadero, there are generic construction standards for public works but not for broadband / telecom specific construction. 49 “Microtrench” refers to a narrow open excavation trench that is less than or equal to 4 inches in width and 12 to 26 inches in depth and that is created for the purpose of installing a subsurface pipe or conduit. 50 California SB-378
51 The cost of pulling fiber in an existing conduit is ~10 percent of the cost of underground construction without the conduit.

Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 54

2.5.4 Broadband and Infrastructure Data
An organized government database of geographic information dramatically increases efficiency and reduces costs. Access to relevant data reduces the cost and time required to plan and build broadband infrastructure. Essential infrastructure data includes housing units, rights-of-way, and easements, building footprints, conduit lines, fiber lines, zoning, and existing underground utilities.

Paso Robles has an online map with broadband related data, although it is incomplete. In the case of Atascadero, the majority of GIS data relevant to broadband is not yet available to the public.

Summary and Recommendations
The results of the broadband readiness assessment are presented in Figure 30.

Figure 30. Broadband Readiness Assessment Summary.

Based on the analysis described above, recommendations to improve broadband readiness for North County are set forth below:
1) The Cities of Paso Robles and Atascadero should improve the permitting process and fees for broadband construction by:
a. Implementing and/or enhancing online permitting portals. b. Establishing separate permits for broadband distinguishing between major and minor projects.
c. Documenting and publishing the Atascadero permitting process d. Reviewing current permit fees applicable for broadband construction projects in Atascadero
2) The Cities should establish and reinforce the following policies:
a. Establish a “Microtrenching” Policy as required by California Senate Bill 378. b. Establish a “Dig-Once” Policy
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 55
c. Explore potential synergies with utilities (e.g., PG&E) for joint deployment d. Explore the leasing of public assets to ISPs or other stakeholders 3) The City of Atascadero should promote consistent and safe construction practices across broadband deployments by:
a. Developing publicly accessible and transparent construction standards for aerial and underground fiber and conduit.
4) The Cities can reduce cost and time required to plan and build broadband infrastructure by:
a. Add essential City infrastructure data to the GIS portal in Atascadero52. b. Complementing and maintaining an up-to-date GIS portal in Paso Robles. Importantly, the asset inventory and GIS plan generated as part of this project can be used to implement this recommendation.

2.6 Key Findings and Recommendations
Key Findings:
• The examination of the FCC broadband availability data in North County indicates that the percentage of unserved and underserved areas in the region is small, with Atascadero below

1.5% and Paso Robles reporting under 0.1%.
• The CPUC Broadband map generally matches the FCC data. There are however some relevant discrepancies that should be clarified.
• The North County is a de facto one-ISP region, with Charter being the clearly dominant provider. • Speed tests show lower performance than reported by FCC data. This inconsistency presents an opportunity to challenge the FCC data and potentially influence funding eligibility. • New economic developments and new housing projects could be affected by lack of service in portions of these areas.
• Vulnerable communities are concentrated in clusters, farther from the City center. • The California Middle Mile Network, GoldenStateNet, represents a potential opportunity to stimulate last mile connectivity for the Cities and their ISP partner(s). • There are distinct levels of broadband readiness in the North County Cities, but the desired goal of best-in-class readiness is within reach.

Recommendations:
• Review and analyze discrepancies between FCC and CPCU data to secure a coherent point of view in grant applications. Challenge state and federal data as required. • Establish mechanisms to evaluate broadband performance in the whole of North County for an extended period. Establish a speed test practice that can provide a clear view of broadband 52 https://atascadero.maps.arcgis.com/home/index.html
Exhibit A

Broadband Community Profile
North County Broadband Strategic Plan 56
access and competition and can be used to track achievement of broadband improvement objectives.
• Consider purchasing a speed test service to achieve these results to generate a more comprehensive view of broadband performance and to challenge ISP data provided to the FCC and CPUC.
• Promote public-private partnerships to improve broadband access which are based on Open Access Network methodologies to favor competition and service improvement. • Promote formalization and documentation of permitting and construction procedures to facilitate the deployment and effective maintenance of broadband infrastructures.

Exhibit A

North County Broadband Strategic Plan 57
3 ISP Assessment and
Engagement
ISPs are a key stakeholder for the broadband present and future of North County. A process to assess and engage ISPs was developed to discover ISP service offerings, their broadband infrastructure, and their plans for the Cities, if any. An effort was also launched to gauge interest and willingness to collaborate with the Cities of Paso Robles and Atascadero to extend and improve broadband infrastructure.

ISP interest and support for the Open Access Network (OAN) business model was also an area of pursuit.

Open Access Networks enable multiple retail ISPs to offer services to end customers over a broadband network deployed and operated by an OAN service provider. In short, this is a wholesale service to retail ISPs with non-discriminatory pricing. The effect of this business model is to lower the aggregate deployment costs while maintaining competition at the retail level. In certain rural geographies only one Exhibit A

ISP Assessment and Engagement
North County Broadband Strategic Plan 58
network is financially sustainable, and the OAN model often ensures it is built with the added feature of customer choice and retail service competition.

Most state and federal funding programs for broadband encourage OANs and some stipulate OAN as a condition of funding. Moreover, the GoldenStateNet middle mile initiative will be launched as an OAN.

In addition, the Golden State Connect Authority, a California RCRC initiative for last mile connectivity, will also be launched as an OAN53.

ATT and BlackRock, the world’s largest asset manager, announced in December 2022 a $15 Billion investment to build OANs in certain areas of the US which further validates the OAN business model.

While OANs were of interest in the North County RFI, it was not positioned as a requirement.

3.1 ISP Engagement through an RFI
The ISP assessment and engagement process is captured in Figure 31. The first task was to identify target ISPs for engagement. This was conducted via desktop research along with a preliminary ISP assessment. Secondly, an ISP engagement package was developed in parallel with the RFI and the coordination of introductory meetings. After the introductory meetings with each of the ISPs, the RFI was issued. RFI responses were analyzed, and further discussions and qualifications were conducted based on responses.

Figure 31. ISP Assessment and Engagement Process.

The ISPs identified in the preliminary assessment were grouped into three categories: 1) Area 1 ISPs:

ISPs operating within the Paso Robles and Atascadero City boundaries; 2) Area 2 ISPs: ISPs in close proximity; and 3) Area 3 ISPs: ISPs operating out of region. The resulting categorization is shown in Figure 32. Satellite ISPs are not considered as in most cases, it is not a grant-eligible technology. 53 Golden State Connect Authority (accessed March 2023) Exhibit A

ISP Assessment and Engagement
North County Broadband Strategic Plan 59
Figure 32. List of ISPs analyzed.

Table 10 provides a comparison of ISP service offerings based on desktop research including official websites and online tools based on ISP and user reported data54. Please note that service offerings shown for Local ISPs correspond to those offerings available in Paso Robles and Atascadero, while service offerings shown for other ISPs correspond to a wider geographic and often national plans.

Table 10. ISP Service Offering Summary
Service Provider Broadband Technology Download / Upload Speeds (Mbps) Monthly Fee (USD) Local ISPs (Area 1)
AT&T Internet FTTH/FWA/xDSL
300 | 500 | 1, 000
25 (FWA)
$55 | $65 | $80
$55 (FWA)
Spectrum (Charter) FTTH / DOCSIS 300 | 500 | 1,000 $49.99 | $69.99 | $89.99
T-Mobile Home
Internet FWA Up to 182 Starting at $50
Outback Internet FWA 10/5 | 20/7 | 30/10 | 40/15 $60 | $100 | $150 | $225
Ranch WiFi FWA 5/5 | 10/5 | 20/10 | 30/10 $65 | $95 | $135 | $165 Wilson Creek
Communications FWA 1/1 | 7/5 | 12/8 | 24/12 | 35/12 $25 | $45 | $85 | $115 | $ 155 Surfnet
Communications FWA
10/3 | 15/4 | 50/10100 / 20
(Residential)
40/20 | 100 / 20 (Business)
$55.96 | $79.96 |
$119.96 (Residential)
$239.95 | $349.95
(Business)
54 https://broadbandnow.com/, https://www.broadbandsearch.net/ Exhibit A

ISP Assessment and Engagement
North County Broadband Strategic Plan 60
Astound Broadband Fiber 100 | 500 | 940 | 1200
$25 | $45 | $65 | $80
Local ISPs in Close Proximity (Area 2)
Frontier Fiber 500 | 1,000 | 2,000 $49.99 | $69.99 |
$99.99
Xfinity Fiber / Cable 400 | 800 | 1,200
$24.99
$59.99
$79.99
Peak WiFi FWA 50/10 | 100/20 | 100/100 $69.95 | $149.95 | $199.95
Advanced Wireless FWA 4/1 | 20/4 | 25/4 | 30/5 | 35/5 Starting at $49.99 Out of Region ISPs (Area 3)
Lit Communities Fiber See Note 2
Netly Fiber See Note 3
Ting Fiber 100 $89
SiFi Networks Fiber See Note 4
Note 1: Single quantity service speed refers to the download speed.

Note 2: Lit Communities offers planning, deployment, and operation of fiber networks to communities. Therefore, the service offering is defined by the community on a case-by-case basis.

Note 3: Netly offers wholesale fiber services to cities, ISPs, utilities, among others.

Note 4: SiFi Networks funds, builds, and operates open access fiber networks across the US. The retail providers define speeds and pricing plans.

The RFI was developed with specific objectives for each ISP category as set forth below:
1) Area 1 ISPs – North County
• Characterize the ISP footprint and capabilities within North County • Understand the ISP plans to upgrade their services and coverage area • Explore and identify requirements that North County can potentially address to accelerate ISP upgrade plans and commitments.
2) Area 2 ISPs – Close Proximity to North County
• Characterize the ISP footprint and capabilities in Area 2 which is proximal to the North County Cities
Exhibit A

ISP Assessment and Engagement
North County Broadband Strategic Plan 61
• Understand and assess the potential of Area 2 ISPs as partners to deploy, operate or manage broadband infrastructure within Area 1, North County 3) Area 3 ISPs - Out of Region
• Understand the ISP criteria to enter a new market such as North County • Identify the ISP capabilities and their potential role as partners to deploy and operate broadband infrastructure within North County
Initial engagement and meetings took place with nine (9) of the ISPs: Astound, AT&T, Charter, Lit Communities, Netly Fiber, Outback, Ranch WiFi, Ting, and Wilson Creek Communications. Of those, only Astound, AT&T, Charter and Ranch Wi-Fi responded to the RFI, the rest declined. Highlights from the ISP responses are captured below.

Exhibit A

ISP Assessment and Engagement
North County Broadband Strategic Plan 62
Exhibit A

ISP Assessment and Engagement
North County Broadband Strategic Plan 63
The ISP RFI process shed the light on the ISP community positioning towards North County, providing the following insights:
1) While the North County broadband environment can be attractive for new entrants, the time and effort to engage in an unknown market without a clear sense of opportunity resulted in marginal interest and lack of responses to the RFI. The major impediments are: 1. level of time and resource investment to develop commercial opportunities; opportunity development is often a multi-year process with no assurance of a successful outcome; 2. perceived high cost of doing business in California for out of state new entrants and concern over the prevailing wage requirement.
2) Smaller wireless ISPs are not prepared to address city-wide needs. 3) Local ISPs which already have a stake in the area are engaged and willing to collaborate with the city. Therefore, further discussions with Astound, AT&T, Charter, and Ranch Wi-Fi should be pursued based on other findings and recommendations captured in this report.

3.2 Request for Concept Proposals
After reviewing the RFI responses described in Section 3.1, it became evident that there was a lack of a tangible, concrete, and actionable course of action from the ISPs to meet the Cities broadband objectives.

As a result, a decision was made to pivot towards an ISP centered approach where the Cities offer various forms of support to improve the ISP business case for broadband deployment in North County and to encourage a creative ISP response. Importantly, this pivot also formalized a North County goal for affordable city-wide gigabit symmetrical service.

This initiative was codified in a Request for a Concept Proposal.

Exhibit A

ISP Assessment and Engagement
North County Broadband Strategic Plan 64
The Concept Proposal was an open invitation to the ISPs to submit a proposal to meet City objectives with a business plan that works for the ISPs. The Request for Concept Proposal was drafted without excessive requirements. Additionally, it furnished ideas and opportunities to the ISPs on how and where each City might possibly contribute to the solution up to and including financial inducements.

Three ISPs with the capability to deploy last-mile fiber throughout the Cities were contacted as part of the concept proposal: AT&T, Charter, and Astound. AT&T declined to respond, while Charter requested a 30-day extension until April 10, 2023. Astound responded with a Concept Proposal that is currently being evaluated independently by the Cities.

Importantly, this approach can and should be replicated in case the first round of discussions with Astound and Charter results in no agreements. In this case, out-of-region ISPs should be re-engaged as the Cities are now in a position to offer a clear path for new entrants that includes contributions from the Cities, creating a more compelling business case for these ISPs.

Exhibit A

North County Broadband Strategic Plan 65
4 Analysis of
Broadband Scenarios
The focus of the North County Broadband Strategic Plan is to develop an actionable plan to provide Atascadero and Paso Robles broadband services that meet the needs of today and especially tomorrow.

While the federal and state thresholds for broadband speeds hover between 25/3 Mbps and 100/20 Mbps, the prevailing view from City leadership after the broadband market analysis, is to leap forward to the upgraded objective of gigabit symmetrical service which is widely available throughout the US.

This grade of service is a byproduct of any ISP commitment to FTTH deployment. This determination resulted in a key focus of this North County Broadband Strategic Plan to bring gigabit symmetrical service to the Cities.

While it is crucial to identify the priority areas mentioned in Section 2.3 and obtain connectivity solutions for residents of these areas, it is important to recognize that modern broadband solutions need not be throttled down to the minimum threshold and should and can leap forward to FTTH standards (e.g., gigabit symmetrical service).

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 66
To understand the prospects of realizing the ambitious broadband objectives a brief architecture overview is established in Section 4.1.

Operating models and scenario analysis incorporating high level designs and operating models targeted at 100% availability of gigabit symmetrical service is developed in Section 4.2.

Informed by insights from the ISP engagement described in Section 3 and the infrastructure assessment in Section 2.4, Section 4.2 develops various operating models that are matched against conceptual network designs. Models are then compared considering preferences from both Cities and other key decision factors including cost, level of effort, speed of deployment, and financial viability from each City’s perspective.

Recommendations on optimal models are provided that are comfortable for the Cities and aligned with the principles established in the request for concept proposals issued to the ISPs.

Finally, funding sources and economic impact are assessed in Section 4.3 providing recommendations for potential grant applications and summarizing the economic impact of broadband deployment to all the premises within the Cities.

4.1 Architecture Overview
Considering the goal for gigabit symmetrical service, network designs for the broadband scenarios were developed based on a FTTH architecture, as described in Section 1.3.2, specifically using XGS-PON technology which can deliver downstream and upstream line rates of approximately 10 Gbps per OLT optical port.

The scope of each network design differs based on the specific target under each broadband scenario.

All the designs are developed in accordance with the following guidelines:
1) An access node is assumed to be hosted in the City Hall providing last-mile connections to locations within 12 miles. For locations farther than that distance, other access node(s) are installed in other City buildings.
2) The route design is optimized to maximize the use of existing infrastructure, minimizing fiber route length, subject to connecting all the locations within the target area. 3) Network scenarios were designed considering aerial and underground fiber installation:
• For aerial construction, the strand and lash construction method with a 96-strand aerial dielectric cable is assumed.
• For underground construction, a mix of trenching and boring techniques is considered for the installation of two 2” High-density polyethylene (HDPE) conduit, one of them filled with 288-strand all dielectric cable.
4) Network electronics are dimensioned to support 1 Gbps symmetrical service and capacity spare for future growth.

4.2 Operating Models and Network Scenarios
The broadband operating model establishes the roles and responsibilities for each of the stakeholders in the deployment and operation of a broadband network. A myriad of models can be developed through simple variations in roles and responsibilities. A framework to understand model variations is useful as a tool to assess optimal models for the Cities.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 67
CPUC Framework
The CPUC has been using a high-level framework to overview the potential models where local governments engage in the deployment and operation of broadband networks based on the US Ignite Whitepaper on Broadband Models. A modified version of this framework is illustrated in Figure 33, where five common public/private models are presented.

Figure 33. Operating models for broadband expansion through City involvement.

Cities’ Preferences
The CPUC / US Ignite framework was used to discuss operational preferences with the Cities of Atascadero and Paso Robles. The key findings and guidelines obtained from these discussions are captured below:
• The Cities are not positioned to launch and manage a full-service municipal ISP. • The Cities prefer not to be active in broadband operations but would consider it if other viable options do not surface.
• There is a relative preference and interest in owning a middle-mile network, active or passive, that can be leveraged by ISPs to extend and provide last-mile service to end users.

Scenario Overview
Considering the Cities’ preferences, four scenarios were developed to evaluate their feasibility and relative attractiveness and to guide the Cities in future engagements with key stakeholders as the Broadband Strategy and Plan advances. These scenarios were also developed as proof positive as to why certain scenarios are of no interest to the Cities.

For the analysis, the CPUC / US Ignite framework was extended to capture the roles to fund, own, deploy, and operate the components of the broadband network including poles and conduit, middlemile passive and active infrastructure, last-mile passive and active infrastructure, and service delivery.

The analysis is done considering that each City may select a different model, therefore, models are described using “the City” as a placeholder for the City of Atascadero or the City of Paso Robles.

The four scenarios are summarized in the following:

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 68
1) Fast-Track: Light-form Public-Private Partnership. An ISP partner commits to deploy a citywide fiber network with support from each City through light-form contributions. 2) Conventional: Leverage City assets to establish a middle-mile dark fiber network. The City funds the deployment of a middle-mile dark fiber network that is leveraged by ISP partners to provide broadband services to unserved / underserved locations. 3) Pump Priming: Deploy a middle-mile Open Access Network to improve last-mile economics. The Conventional scenario with the addition of active infrastructure in the middlemile network to offer lit active services. 4) Bold (and Risky): Own the last-mile Open Access Network. The City partners with a thirdparty operator to deploy and operate a last-mile open access network.

The scenarios are ordered based on the level of involvement from the City from low to high. Scenarios 1- 2 are best aligned with both Cities’ preferences while scenarios 3 and 4 are presented for contrast as they require heavy involvement from each City to deploy and operate middle-mile and last-mile infrastructure, respectively. Therefore, the analysis presented in the following sections puts emphasis on Scenarios 1 and 2.

4.2.1 Scenario 1 – Fast Track: Light-form Public-Private Partnership In this scenario, an ISP partner commits to expand its infrastructure to provide FTTH service throughout the City, subject to light-form contributions from the City. In exchange, the ISP charges end users for the service and, depending on the type and amount of City contributions, may provide some form of payback to the City, as illustrated in Figure 34.

Figure 34. Scenario 1 – Task Track: Light-form Public Private Partnership.

The classic example of this type of scenario is what occurred in Kansas City with Google Fiber. Kansas City provided the right environment through access to existing infrastructure and broadband-friendly policies, resulting in the City being selected by Google Fiber in 2011 to be the first market to deliver 1 Gbps broadband service to residential and business users, boosting quality of life and entrepreneurship.55
Roles and responsibilities for the implementation of this scenario in North County are further analyzed below.

Funding
The infrastructure to be deployed under this scenario includes the necessary middle-mile and last-mile infrastructure to ensure 100% availability of 1 Gbps symmetrical service. For an ISP without existing infrastructure, this would represent an estimated 447 miles of fiber. The required infrastructure and 55 https://www.forbes.com/sites/eliseackerman/2012/08/04/how-kansas-won-the-google-fiber-jackpot-and-whycalifornia-never-will/?sh=5bbc9ffe4b76 Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 69
associated cost will vary greatly based on the level of infrastructure of the selected ISP partner – from significant to none.

The role of the Cities is to provide light form funding. Funding levels are designed to trigger interest of potential ISP partners, enabling their business case. The proposed contributions include the following:
1) Removing barriers and streamlining the permitting processes. Ensures a clear and efficient permitting process which addresses the issues captured in Section 2.5 and provides certainty to the ISP partner while reducing the overall time and cost for deployment. 2) Access to existing and planned City infrastructure. Provides access to the existing and planned City infrastructure described in Section 2.4, particularly existing conduit and fiber which reduces the investment required to provide city-wide service.
3) Contract to provide connectivity to City buildings. Offers a long-term contract to provide interbuilding connectivity and broadband service for City buildings to ensure revenue for the ISP partner, improving its business case.
4) Collaboration for Grants. Partnering with the ISP partners to apply for broadband grants to help pay for infrastructure expansion. The role of the City can vary from extending a letter of support to serving as the primary applicant for the grants. Potential grant opportunities are further explored in Section 4.3.

Note: Additional inducement funding can be considered under this section to meet the clearing threshold for an ISP commitment.

Ownership
Under this “Fast-Track” scenario, the ISP partner keeps ownership of most of the newly deployed infrastructure including passive and active last mile and middle mile infrastructure.

The notable exception is for infrastructure that is funded through grants awarded to the City. In that case, the City will be the owner of the portion of the infrastructure funded by the Grant, and the ISP partner may enter into a long-term lease agreement at reduced or no fee.

Deployment
The ISP partner is responsible for the deployment of the required last-mile and middle mile infrastructure (passive and active), meeting the agreed upon timelines.

The City is responsible for accelerating the permitting process and tracking the progress of the deployment.

Operation
The ISP partner is responsible for operating the last-mile and middle mile infrastructure, passive and active, and for providing residential and business broadband services within the City in accordance with a Service Level Agreement (SLA) to be established between the ISP partner and the City.

The City oversees SLA compliance based on some level of reporting and community feedback.

Figure 35 shows the roles and responsibilities for Scenario 1.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 70
Figure 35. Light-form Public-Private Partnership Operating Model.

Further analysis of this scenario was done by generating a conceptual network design. Since the specific ISP partner has not been selected, the conceptual network design, shown in Figure 36, includes 100% of premises within Atascadero and Paso Robles. As stated before, the specific infrastructure to be deployed under this model will vary based on the selected ISP partner.

Figure 36. Network Scenario for the Light-Form Public-Private Partnership Model.

The business case for this scenario is also analyzed for each City through a high-level financial analysis.

The results are captured in Figure 37 for the City of Paso Robles and in Figure 38 for the City of Atascadero. Importantly, the CAPEX is absorbed by the Service Provider and the operational costs to the City are insignificant.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 71
Note: This analysis does not provide a Net Present Value (NPV) analysis. The primary purpose is to provide an operating view of the City budgets.

Figure 37. Financial view for Scenario 1 – City of El Paso Robles.

Since the City of Paso Robles has existing and planned conduit infrastructure to be leased by the ISP partner, connectivity services for the City can be provided by the ISP at no fee, resulting in a minimum annual operating cost to manage the SLA with the ISP partner.

Figure 38. Financial view for Scenario 1 – City of Atascadero.

For Atascadero, the cumulative deficit shown above is primarily due to the payment for connectivity services which is estimated to be $10,000 per month. As connectivity services are already part of the City operating costs more favorable pricing can be negotiated improving the scenario financials.

The primary benefit of the Fast Track Scenario is its low cost for the Cities and fast implementation. In addition, there is no need for the Cities to be involved in broadband operations. In this scenario, the City does not own new assets and the model is ISP dependent with limited City control on the implementation.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 72

4.2.2 Scenario 2 – Conventional: Leverage City assets to establish a middle mile dark fiber network
This scenario, captured in Figure 39, is built around the City led deployment of a middle mile dark fiber network to connect City assets and anchor institutions. The City hires a contractor for the deployment of the middle mile passive infrastructure which is then leased to one or more ISP partners. ISPs leverage the dark fiber network to extend their last-mile infrastructure and provide broadband service to end users across the Cities. The ISP charges end users for the service and pays fees to the City for the lease of dark fiber infrastructure. As part of the arrangement the ISP may also provide high-speed internet access for the internal network of the City.

Figure 39. Scenario 2 – Conventional: Leverage City assets to establish a middle mile dark fiber network.

This type of scenario has been implemented by the City of West Des Moines in Iowa56. Since 2021, the West Des Moines has been building a citywide conduit network (~1,000 miles) funded through a municipal bond under an open access model. In exchange, Google Fiber has committed to install fiber passing every home and business in the city. Other ISPs are being onboarded including local ISPs such as Mi-Fiber.

The roles and responsibilities associated with this scenario for North County are set forth below:

Funding
The City funds the passive infrastructure for the middle mile network through grants, municipal debt, or general funds while the ISP partners fund their own middle mile active infrastructure and the passive and active infrastructure for the last mile.

To support the last mile deployments the City can streamline the permitting process to reduce overall time and cost for deployment.

Ownership
Ownership of the newly deployed infrastructure belongs to the entity that funds the deployment.

Therefore, the middle-mile passive infrastructure is owned by the city, while the middle-mile active infrastructure and the last mile infrastructure, passive and active, is owned by the ISP partner. 56 https://www.bloomberg.com/news/articles/2023-01-27/to-span-the-broadband-gap-an-iowa-town-built-itsown-fiber-network Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 73
Deployment
The City is responsible for the permitting process and the deployment of the middle-mile passive infrastructure. For these tasks the City relies on a single partner which can be an ISP or a construction company under a turnkey contract.

On the other hand, the ISP will oversee the deployment of its own infrastructure for middle mile (active only) and last mile (active and passive).

Operation
The middle-mile passive infrastructure is operated by the city, including the delivery of conduit segments and fiber strands, establishment of lease agreements, billing, and associated maintenance.

These tasks can also be outsourced to a third party or to an anchor tenant in exchange for reduced lease fees.

Each ISP is responsible for operating the last-mile (active and passive) and middle-mile (active only) infrastructure and for providing residential and business broadband service. Depending on how the leasing fees are negotiated, an SLA between the City and the ISPs for the provisioning of end user services might be agreed upon in which case the City would need to oversee SLA compliance.

A summary of the roles and responsibilities above is captured in Figure 40.

Figure 40. Conventional Operating Model: Leveraging City assets to establish a middle mile dark fiber network.

The conceptual network design for this scenario, shown in Figure 41, includes fiber termination to 121 premises within Atascadero and Paso Robles, which include City buildings and anchor institutions, with an estimated length of 61 miles of fiber and a total cost between $6.3 million and $8.7 million.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 74
Figure 41. Network Scenario for the Middle Mile Dark Fiber Network.

It is important to note that the number of premises and the design of the network can be adapted to the available budget and/or key areas where partner ISPs have a higher need for middle mile passive infrastructure.

The results of the high-level business case analysis are shown in Figure 42 for the City of Paso Robles and Figure 43 for the City of Atascadero. For both Cities, excluding the required CAPEX, the Cities will generate revenues from dark fiber leasing which cover the annual fixed costs related to SLA management and the payment for high-speed internet, resulting in a positive operational surplus over a five-year period.

Note: This analysis does not factor in CAPEX cost, which may be provided through grants, nor does it provide an NPV analysis. The primary purpose is to provide an operating view of the City budgets.

Figure 42. Financial view for Scenario 2 – City of Paso Robles.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 75
Figure 43. Financial view for Scenario 2 – City of Atascadero.

Scenario 2 has the advantage of addressing City connectivity needs while enabling last-mile deployments without the level of investment or the operational complexity required for an end-to-end network. Furthermore, the City will own broadband assets that can be leveraged to obtain revenues.

Scenario 2 presents the challenge to operate the passive infrastructure and raise the required funding. It is important to note that the City may not control the implementation of the last mile, therefore, leasing agreements should be effectively negotiated to obtain last mile commitments, perhaps in exchange for reduced leasing fees.

4.2.3 Scenario 3 – Pump Priming: Deploy a middle mile Open Access Network to improve last-mile economics
Scenario 3 is a variation of Scenario 2 in which the middle mile passive infrastructure is complemented with active infrastructure to establish a middle mile open access network. In this case, the middle mile network operation is outsourced to a third-party operator under a flat fee model subject to an SLA. The third-party operator provides middle mile services and dark fiber to the ISPs, which in exchange, pay wholesale fees to the city. Figure 44 captures these interactions.

Figure 44. Scenario 3 – Pump Priming: Deploy a middle mile Open Access Network to improve last-mile economics.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 76
This model has been implemented in multiple places across the country. For example, in LA County, the South Bay Cities Council of Governments57 developed a middle-mile network that connects various municipal buildings and public agency sites across the 15 South Bay Cities. The network commenced operations in August 2020 and is operated by American Dark Fiber. The expectation is that the network will be leveraged to extend low-cost broadband service to residents and businesses throughout the Southwest Los Angeles region.

A summary of the roles and responsibilities under this scenario is captured in Figure 45.

Figure 45. Middle Mile Open Access Network Operating Model.

The results of the high-level business case analysis for Scenario 3 are shown in Figure 46 for the City of Paso Robles and Figure 47 for the City of Atascadero.

Note: This analysis does not provide an NPV analysis. The primary purpose is to provide an operating view of the City budgets.
57 https://southbayCities.org/programs/south-bay-fiber-network/ Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 77
Figure 46. Financial view for Scenario 3 – City of Paso Robles.

Figure 47. Financial view for Scenario 3 – City of Atascadero.

For both Cities the results are similar: the cost for the middle mile network operation is greater than associated revenues, yielding a deficit over five years of approximately $100k.

The implementation of the middle mile open access network creates a more robust infrastructure to enable last-mile deployments. However, the operation of an open access network is more complex requiring another entity, the third-party operator, to manage and operate the network on behalf of the City impacting the sustainability of the business case. As in Scenario 2, the City may not have control on the implementation of the last mile, and hence, the importance of negotiating leasing agreements considering commitments for last mile deployments.

4.2.4 Scenario 4 – Bold (and Risky): Own the last-mile Open Access Network In this scenario the City implements a last-mile open access network to serve priority unserved and underserved areas. The interactions between stakeholders under this scenario are captured in Figure 48.

The City hires a contractor for the deployment of the middle mile and last mile infrastructure. The operation of the network is outsourced to a third-party operator under a flat fee model subject to an Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 78
SLA. The third-party operator provides middle mile and last mile services to the ISPs, which in exchange pay wholesale fees to the city. Finally, the ISPs provide broadband services to end users charging them the corresponding service fees.

Figure 48. Scenario 4 – Bold (and Risky): Own the last-mile Open Access Network.

The flagship implementation of such a scenario is Utopia Fiber in Utah58, a last-mile open access network founded by a consortium of 16 cities in Utah in 2002. Utopia currently manages more than 40,000 subscribers in partnership with 11 ISPs that provide retail broadband services. Interestingly, California’s Rural County Representatives of California (RCRC) entered into an agreement with Utopia to operate last mile networks in rural California under the auspices of the Golden State Connect Authority using this open access model.

The roles and responsibilities for Scenario 4 are summarized in Figure 49. 58 https://www.utopiafiber.com/
Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 79
Figure 49. Last Mile Open Access Network Operating Model.

The results of the high-level business case analysis are shown in Figure 50 for the City of Paso Robles and Figure 51 for the City of Atascadero.

Note: This analysis does not provide an NPV analysis. The primary purpose is to provide an operating view of the City budgets.

Figure 50. Financial view for Scenario 4 – City of Paso Robles.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 80
Figure 51. Financial view for Scenario 4 – City of Atascadero.

Under this scenario the Cities collect significantly more revenue due to the wholesale service fees.

However, this revenue is not enough to cover the higher costs of operating the last mile network. In addition, the CAPEX requirement exceeds reasonable expectations of public funding as addressed in Section 4.3.

This scenario presents a notably higher cost, risk, and complexity for North County, requiring more involvement in operations. Moreover, municipal funding through grants is not likely to be sufficient to cover the priority areas. This scenario does provide a unique benefit for the community which is the ability to ensure that priority unserved and underserved areas are addressed. The City would have control regarding the implementation process and timelines. Furthermore, the City would own important revenue-generating assets.

This scenario is not recommended as it presents a high degree of risk, funding requirements, and operational complexity.

4.2.5 Summary of Scenarios & Recommendations
Figure 52 summarizes the most prominent features of the four scenarios that have been analyzed. As shown, Scenarios 1 and 2 are recommended for further investigation. The rationale for this recommendation is as follows:
• The CAPEX contribution from the Cities is viable. Scenario 1 requires minimum contributions from the Cities. For Scenario 2, Paso Robles can leverage the existing EDA grant, while Atascadero can complement the $1.39M available for broadband with grant money. • The operational complexity of these two scenarios is manageable for both Cities. Furthermore, the City of Paso Robles already owns and has experience with the operation of a fiber network. • These scenarios minimize the financial risk and accelerate the expansion of broadband infrastructure toward the objective of 100% availability of gigabit symmetrical service. • These scenarios are compatible with the path defined for concept proposals from ISPs.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 81
Figure 52. Broadband Scenarios Summary.

4.3 Funding Sources Overview and Assessment
To achieve North County objectives, capital investment will be required either by the private sector, the public sector or both. There are three primary categories of funding sources that are captured in Figure 53 below.

Figure 53. Funding Sources Categories.

The first category refers to funding that has already been awarded to the Cities through a grant for broadband deployment and can be used immediately. As described in Section 2.4, Paso Robles has been awarded an EDA grant for $3,537,447 to deploy 14.2 miles of fiber. Atascadero, in turn, has assigned $1,390,000 from various grants to be spent on broadband.

The second category includes state and federal programs for broadband infrastructure deployment. It is important to note that these programs can only be used to deploy infrastructure to connect currently unserved and underserved locations as identified in FCC and CPUC maps. Consequently, initial estimates indicate that the maximum amount that Paso Robles and Atascadero can apply for is ~$3.9M and ~$11.6M, respectively with no assurance of receiving funding.

State and federal funding sources are further characterized in Section 4.3.1 The third category considers methods for self-financing. This means funds raised by the Cities either through internal budgets, bonds, or assessments/taxes. Self-funding is not the focus of this section as it is not expected to be an important instrument in achieving North County’s objectives.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 82

4.3.1 State and Federal Funding Sources
Multiple programs related to broadband have been created in response to the COVID-19 pandemic and the urgent need to close the digital divide. Most of these programs can be traced back to the following legislation:

1. Bipartisan Infrastructure Law
In November 2021, President Joe Biden signed the Infrastructure Investment and Jobs Act (IIJA) or Bipartisan Infrastructure Law (BIL) to support internet expansion, access, and use nationwide. The BIL provides a total of $65 billion for the following areas:
• Planning activities and studies for the development of Internet expansion projects. • Network infrastructure deployment for high-speed Internet • Activities to increase Internet access and meaningful use of high-speed internet. This includes digital literacy, skills training, telehealth, and remote learning.

The Broadband Equity, Adoption, and Deployment (BEAD) Program emanates from the BIL, assigning $42 billion for infrastructure deployment that will be distributed among the states and US territories based on their number of unserved locations.

2. American Rescue Plan Act
The American Rescue Plan Act (ARPA) funding is an answer to the COVID-19 pandemic to help families and small businesses get affordable high-speed internet connections. ARPA acts as an addition to the BIL, and among others, it has already committed $4.3 billion to the State of California.

Atascadero existing funds are coming substantially under ARPA funds.

3. Senate Bill 156
Governor Newsom signed the Senate Bill 156 (SB-156) that allocates $6 billion for expanding broadband infrastructure and access in California. Most relevant programs emerging from this senate bill focus on deploying Middle-mile and Last-mile networks across the state.

Multiple funding programs for broadband infrastructure and adoption were created from these three legislations. Each program targets slightly different objectives and incorporates different eligibility criteria and requirements. Existing programs were exhaustively researched and analyzed to determine North County eligibility and likelihood of getting funded. As a result, four programs were selected as possible funding sources:
• Last Mile Federal Funding Account
• CASF Broadband Infrastructure Grant Account
• Loan Loss Reserve Fund
• BEAD
A detailed description of each of the selected programs is presented in Appendix V while Table 11 provides a high-level overview.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 83
Table 11. State and Federal Funding Programs Summary.

Program Max Estimated Amount Timeframe Estimated Scores Last Mile Federal
Funding Account
Paso Robles: $1.5M
Atascadero: $4.4M
Application window to
be open by mid-June. 110–120 points of 130
Broadband
Infrastructure Account
Paso Robles: $3.9M
Atascadero: $11.6M May 1st, 2023 80%-100% of funding
Loan Loss Reserve Fund 5%-20% of total project
loan Quarterly 30 – 50 points out of 50
BEAD Infrastructure To be determined ~2024 To be determined Based on the above, the recommended roadmap for grant applications is illustrated in Figure 54 and described below. Importantly, application for grants is subject to re-assessing eligibility once the updated CPUC map is published on March 31st.

Figure 54. Grant application roadmap.
1) Atascadero should apply for the Broadband Infrastructure Grant account whose deadline is May 1 st
.
2) Both Cities should consider applying to the Last-Mile Federal Funding Account. In the case of Atascadero, this should be based on the status of the Broadband Infrastructure Grant application.
3) Track developments and updates coming from National Telecommunications and Information Administration (NTIA) and CPUC, and evaluate the option to apply once the rules, guidelines, and details for submission are released.
4) It is not expected that the Cities will issue bonds and therefore will not require support from the Loan Loss Reserve fund.

4.4 Economic Impact Analysis
As explained in Section 1.2, broadband access and adoption have a positive impact in multiple areas including economic development, work, health, education, social inclusion, and quality of life in general.

Multiple studies in the last two decades59 have shown the direct and indirect impact in economic (e.g., 59 Broadband penetration and economic growth nexus: evidence from cross-country panel data, 2014.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 84
gross domestic product, businesses, and jobs) and social (e.g., health, education, transportation) areas due to broadband penetration in communities of diverse sizes.

For North County, there is a particular interest in characterizing the economic impact from broadband deployment across the Cities. In this section, an analysis is presented for the scenario that assumes deployment of gigabit symmetrical service to 100% of premises within the Cities. The economic impact has been estimated by analyzing previous broadband studies within the region – as well as national and international studies – and applying and extrapolating their findings to North County. The results are presented below.

Gross domestic product (GDP) increase
Numerous studies have demonstrated that greater broadband availability leads to economic growth in terms of an increase in the GDP. It’s estimated that a 10% increase in fixed broadband penetration results in a per capita GDP increase between 0.9% and 1.5%60. This can represent an approximate increase in the GDP between $143 million and $238 million61.

The specific percentage depends on the current level of connectivity in the region. For North County, it is estimated that a 10% increase in fixed broadband penetration will drive a growth of 0.88% in the GDP per capita.

Given that the current penetration in Paso Robles and Atascadero is around 90%62, the maximum increase in penetration is 10% and therefore the expected growth in the GDP per capita due to broadband is capped at 0.88%. While penetration is capped, a more robust grade of service will only further increase the GDP affect.

Direct Business Impact
The economic impact of broadband can also be quantified as a direct impact on creating business and jobs. According to the business responses to the Needs Assessment Survey, 14% of business owners could hire more employees and expand their markets with Gigabit Internet at their business.

Extrapolating these results using current data from the Census, a potential number of 230 businesses could hire more employees by adopting Gigabit Internet service in North County.

Workforce Development
The introduction of broadband provides channels for learning new skills for career advancement and completing essential job functions in many professions. This translates into employees capable of working from any location, enabling more flexible work arrangements, and providing employers access to a broader talent pool.

According to the Needs Assessment Survey, 49.3% of respondents use the most data/Gigabytes during remote learning / remote work. It is expected that with enhanced broadband in North County, more people can work or study remotely, significantly improving their skills and job opportunities. It has been shown63 that the gross enrollment ratio for tertiary schools (post-secondary education) increases by 60 ITU Publications: The economic contribution of broadband, digitization, and ICT regulation. 61 Calculated based on San Luis Obispo county GDP.
62 Census Quick Facts
63 ITU Publications: The economic contribution of broadband, digitization and ICT regulation.

Exhibit A

Analysis of Broadband Scenarios
North County Broadband Strategic Plan 85

0.051% with a 1% increase in fixed broadband adoption. With the expected increase of 10%, this ratio is expected to increase by 0.51%. This means 1,313 and 1,439 enrolled students for Paso Robles and Atascadero (respectively).

Labor Productivity
Labor productivity measures the hourly output of a country or the economy of a city. Specifically, it charts the real GDP produced by an hour of labor. The high-quality reliable home internet opens diverse opportunities for employment making the idea of working from home more attractive. Moreover, remote working combined with high-quality (fast and reliable) internet is estimated to impact labor productivity by an estimated 1.1% 64. A recent study65 points out that 1% percentage of additional productivity could mean an increase in per capita GDP about $3,500.

Figure 55 presents a summary of the estimated economic impact of 100% availability of high-speed reliable and affordable broadband across the Cities.

Figure 55. Broadband economic impact on North County
64 Internet Access and its Implications for Productivity, Inequality, and Resilience. 65 What is productivity? – McKinsey & Company
Exhibit A

North County Broadband Strategic Plan 86
5 Digital Divide
Analysis
According to the Digital Equity Act of 2021, “digital equity” is a condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States.

To achieve digital equity, it is necessary to ensure that all individuals have reliable and affordable access to broadband services, internet-enabled devices, and the necessary digital skills and resources to leverage the benefits of a connected world.

Digital equity is increasingly considered as a 21st century social justice and fair opportunity issue since lack of access and adoption of broadband negatively impacts quality of life and limits economic, educational, and health care opportunities. Therefore, it is important to understand the barriers resulting in the digital divide to implement the right strategies to achieve digital equity.

Exhibit A

Digital Divide Analysis
North County Broadband Strategic Plan 87
The California Department of Technology (CDT) is currently developing the State Digital Equity Plan (SDEP)
66 , a complimentary process that will support the goals of the California Broadband for All Action Plan. It is anticipated that implementation of the SDEP will take up to five years after funding is distributed. The SDEP will be submitted to the NTIA to access funding from the $2.75 billion assigned by the IIJA to close the digital divide.

The SDEP must:
1) Identify the digital equity barriers for eight Covered Populations:
2) Identify the state’s plan to address outcomes in key priority areas including education, healthcare, digital inclusion, economic and workforce development, and civic participation and access to essential services.

This Digital Divide Analysis performed as part of this project is aligned with these requirements. The digital equity barriers for covered populations are analyzed in Section 5.1, while key priority areas are characterized in Section 5.2. Finally, programs and recommendations are provided in Section 5.3 with Section 5.4 assessing the alignment with the California Broadband for All initiative.

The following section presents a characterization of the Covered Populations in North County and the key challenges they face that are unrelated to broadband.

5.1 Digital Equity Barriers for Covered Populations
As a first step, covered populations defined in the Digital Equity Act are identified within North County, based on various data sources including the Needs Assessment Survey, the SLO County Digital Divide Report and the latest data from the Census Bureau. The Digital Divide67 is the gap between those who have affordable access, skills, and support to effectively engage online and those who do not. • Individuals living in covered households
Covered households are defined as households whose income is not more than 150 percent of the amount equal to the poverty level. As discussed in section 2.3, the Cities of Paso Robles and Atascadero have 22% and 17% of their population (respectively) living on an income lower than the 150% of the poverty level.
66 State Digital Equity Plan (accessed March 2023)
67 https://www.digitalinclusion.org/definitions/
Exhibit A

Digital Divide Analysis
North County Broadband Strategic Plan 88
• Aging Individuals
According to the 2020 Census, the population of Paso Robles is 31,513, while Atascadero’s is 29,794. The percentage of individual aging is very similar for both Cities, 17.5% for Paso Robles and 16.9% for Atascadero.
• Incarcerated individuals
Atascadero State Hospital is part of the California Department of Corrections and Rehabilitation (CDCR) system with approximately 1,184 beds. It is unclear how many of the inmates would be likely to participate in digital skills training.
• Veterans
The veteran population living in North County is approximately 1,186, 632 in Paso Robles and 554 in Atascadero.
• Individuals with disabilities
The US Census68 reveals there are about 5,101 people (8.2%) in North County under 65 living with a disability.
• Individuals with language barriers
The US Census indicates that 28% (3,349) of homes in Paso Robles speak a language other than English, while in Atascadero, it is in 11% (1,290) of homes. As discussed in section 2.1, 20% of Paso Robles students are considered ELL while speaking range of languages like Spanish, Arabic, Chinese among others. In Atascadero, 7.6% of their student population are ELL with Spanish as their primary language.
• Member of racial or ethnic minority groups
Paso Robles and Atascadero population is composed by a significant percentage of Hispanic or Latino population, 35.6% and 18.3% respectively. At Paso Robles, 2% belong to American Indian or Alaska Native population and the rest fall into smaller ethnical groups. Similarly, in 3.7% of Atascadero population is a combination of Asian, American Indian, and Alaska Native and African American.
• Individuals who primarily reside in rural areas
The Cities of Paso Robles and Atascadero are both considered as urban areas. While the Cities are considered urban areas, the bulk of the area in North County is rural and access to services is within the City boundaries, specifically the school districts. The education system and social services serve many of the rural residents of North County. 68 U.S. Census Bureau, American Community Survey (ACS) and Puerto Rico Community Survey (PRCS), 5-Year Estimates.

Exhibit A

Digital Divide Analysis
North County Broadband Strategic Plan 89
After identifying the covered populations, the digital equity barriers around access, affordability, devices, and skills were analyzed based on the Needs Assessment Survey, interviews with key stakeholders, public data, and previous reports at the county, state, and national level. The results of the analysis are presented in the following sections.

5.1.1 Access
According to the Census69, most of the North County households have internet access: 91.8% of households in Paso Robles and 90.4% in Atascadero. This is in alignment with the Needs Assessment Survey results where 96% of respondents reported to have access to internet at home.

Among survey respondents without internet access, 32% claimed that there is no internet service provider in their area. Also, it’s worth noting that almost 85% of survey respondents without internet access are older than 55 years old, while 44% are older than 65, revealing an adoption gap for aging individuals.

According to the SLO County Digital Divide Report, 8.2% of the Hispanic or Latino population living in Paso Robles and 6.1% in Atascadero have no Internet connection. This shows that these minority groups are not unequally affected by broadband availability, given that the average for both Cities is around 10%.

Importantly, the Needs Assessment Survey shows that most respondents who have internet access (53%) consider their service reliability as the most important feature, but 35% consider their connection to be unreliable or very unreliable.

5.1.2 Affordability
The Needs Assessment Survey revealed that 73% of respondents with internet at home consider their service too expensive. Of those, 58% are older than 55 years and 32% older than 65.

In addition, the SLO County Digital Divide Report shows that 40% of Paso Robles’ and 37% of Atascadero's households cannot afford the so-called “Digital New Normal”. The “New Normal” considers digital services among the basic needs of the population together with other essential services like electricity.

This barrier could be addressed through the FCC’s Affordable Connectivity Program (ACP). According to the ACP enrollment tracker from the California Emerging Technology Fund (CETF)70, there are 4,666 households in Paso Robles and 2,583 in Atascadero that are eligible for this benefit. In fact, this number might be higher since households with students in the NSLP automatically qualify for the ACP, that means 61% of students in Paso Robles and 49% in Atascadero. However, according to the ACP Enrollment Tracker, only one third of eligible households (34% in Paso Robles and 36% in Atascadero) have enrolled into the program.

In conclusion, consistent outreach through partnerships will continue to be an essential effort to increase the percentage of ACP enrollment in North County. 69 U.S. Census Bureau, American Community Survey (ACS) and Puerto Rico Community Survey (PRCS), 5-Year Estimates.
70 California Affordable Connectivity Program Enrollment Tracker (accessed March 2023) Exhibit A

Digital Divide Analysis
North County Broadband Strategic Plan 90

5.1.3 Devices
Having internet-connected devices at home is essential to make use of broadband services71. According to the Census72, the percentage of households with at least one computer is 96% for Paso Robles and 95% for Atascadero. These percentages are comparable with the Needs Assessment Survey, where 96% of aging respondents have at least one computer at home.

Aging respondents also reported to own other internet devices, such as the following:
• Security Systems (e.g., doorbells and cameras) – 44%
• Supporting Systems (e.g., Alexa) – 35 %
• Medical equipment – 9%
In a similar way, the SLO County Digital Divide Report identified that 4.3% of the Hispanic or Latino population in Paso Robles and 4.1% in Atascadero do not have a computer at home. This report also identifies the 18-year-old population sector as the one that suffers the least from the lack of a computer: 1% in Paso Robles and 4% in Atascadero.

Based on the above, there doesn’t seem to be important barriers regarding devices, in general and across covered populations. The gap could be closed through existing programs such as the ACP, which provides one-time discount of up to $100 for a laptop, tablet, or desktop computer.

5.1.4 Skills
Figure 56 summarizes the digital skills of the respondents to the Needs Assessment Survey.

Figure 56. Digital skills in North County.
71 Smartphones are not considered to be adequate devices for fully accessing the internet. 72 U.S. Census Bureau, American Community Survey (ACS) and Puerto Rico Community Survey (PRCS), 5-Year Estimates.

Exhibit A