ATTACHMENT A
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT ("AGREEMENT) is entered into on September 9, 2024 ("Effective Date") by and between the CITY OF POMONA ("the CITY") and EN Engineering, LLC ("'CONSULTANT"), with its primary business location at 998 18th St, Suite 3000, Denver, Colorado. The CITY and CONSULTANT may be individually referred to herein as the Party and collectively as the Parties.
RECITALS
WHEREAS, the CITY desires to engage CONSULTANT to provide Local Broadband Assessment services for the CITY (the "Project");
WHEREAS, CONSULTANT is willing to perform the services defined herein for the Project; and
WHEREAS, CONSULTANT represents that the principal representative stated below is authorized to act as such on behalf of CONSULTANT.
NOW, THEREFORE, the Parties agree as follows:
TERM. This AGREEMENT is entered into on the effective date and shall continue until completion of the Project, or March 24, 2025, whichever occurs first. An amendment to extend the term of this AGREEMENT shall require a written amendment fully executed by the Parties at least 30 days prior the date the AGREEMENT expires.
REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE. The representatives of the Parties who are primarily responsible for the administration and performance of the AGREEMENT, and to whom formal notice, demands and communications must be given, are as follows:
A. The principal representative of the CITY is:
Sam Wong
City of Pomona
IT Department
505 South Garey Avenue
Pomona, CA 91766
(909) 620-2442
B. The principal representative of the CONSULTANT is:
Jory Wolf, VP of Digital Innovation
EN Engineering
3105 Mountain Park Dr
Calabasas, CA 91302
(818) 312-7768
Formal notices, demands and communications to be given hereunder by either party must be made in writing and effected by personal delivery or by mail.
Formal notices and demands sent by E-mail or facsimile are not valid.
D. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall be given within five calendar days of said change.
3. RETENTION. The CITY retains CONSULTANT to provide Local Broadband Assessment services in accordance with this AGREEMENT. CONSULTANT agrees to render such services on the terms and conditions stated herein.
SCOPE OF SERVICES. The scope of services to be provided is set forth in the attached Scope of Services, which is made Exhibit "A" to this AGREEMENT.
5. COMPENSATION. The CITY agrees to pay CONSULTANT for the services set forth in the aforementioned Scope of Services.
A. CONSULTANT agrees that the fees for services may not exceed the authorized amount of $311,000, as set forth in Exhibit "B," attached hereto, unless the CITY has given specific advance approval in writing.
B. Within 30 days of receipt of invoices, the CITY will pay undisputed invoice balances. Within 30 days of receipt of invoices the CITY will notify CONSULTANT of any disputed amount.
C. Withholding Compensation.
1. After the CITY gives CONSULTANT a notice of a performance deficiency, including a time for correcting deficient performance, the CITY may, it its sole option, withhold compensation for nonperformance when CONTRACTOR fails to correct performance deficiencies.
2. Ongoing or recurring deficiencies are considered separate non-performance events each time CONSULTANT fails to correct deficiencies, after which each day is an additional occurrence subject to withholding of compensation.
6. INDEPENDENT CONTRACTOR.
CONSULTANT is an independent contractor. As such, CONSULTANT has no power or authority to incur any debt, obligation or liability on behalf of the CITY, unless such authority is expressly conferred under this AGREEMENT. Further, CONSULTANT is not entitled to any benefit typically associated with an employee such as medical, sick leave, retirement, or vacation benefit. CONSULTANT expressly waives any claim to any such right.
B. The personnel performing services under this AGREEMENT on behalf of CONSULTANT will, at all-times be under CONSULTANT's exclusive direction and control. Neither the CITY, nor any of its employees, have any control over the manner, mode, or means by which CONSULTANT, its agents, or its employees, perform the services required herein, except as otherwise stated in this AGREEMENT. The CITY has no voice in the selection, discharge, supervision or control of CONSULTANT's employees, representatives, or agents, or in fixing their number, compensation, or hours of service.
CONSULTANT will perform services under this AGREEMENT as an independent contractor and will, at all times, remain a wholly independent contractor.
The CITY does not, in any way or for any purpose, become, nor may it be deemed a partner of CONSULTANT in the latter's business or otherwise a joint venture or member of any joint enterprise with CONSULTANT.
7. ECONOMIC INTEREST STATEMENT. CONSULTANT hereby acknowledges that, in accordance with Government Code Section 87300 and the Conflict of Interest Code adopted by the CITY hereunder, CONSULTANT is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work. The extent of CONSULTANT's disclosure requirements is set forth in the Written Determination of the City Manager of the CITY, attached hereto as Exhibit "C."
PERS INDEMNITY.
In the event CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONSULTANT will indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as forthe payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors providing service under this Agreement do not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employmentby the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution or employee contributions for PERS benefits.
CONSULTANT is solely responsible for compliance with PERS restrictions applicable to any of CONSULTANT's employees, agents, or subcontractors.
9. INDEMNITY AND INSURANCE.
INDEMNITY. CONSULTANT hereby agrees to protect, indemnify and hold the CITY OF POMONA including its elected or appointed officials, directors, employees, employees and volunteers AND LOS ANGELES COUNTY free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees and all other expenses incurred by the CITY to the maximum extent allowed by law arising in favor of any party, including claims, liens, debts, personal injuries including employees of the CITY, death or damages injuries, including employees of the CITY, death or damages to property (including property of the CITY) to the extent of the negligent performance of the work performed hereunder, and in no event shall CONSULTANT be liable to the extent such injury to persons or damage to property is due or is claimed to be due to the negligence of the CITY.
This provision is not intended to create any cause of action in favor of any third party against CONSULTANT or the CITY or to enlarge in any way the CONSULTANT's liability but is intended solely to provide for indemnification of the CITY for liability for damages or injuries to third persons or property to the extent arising from CONSULTANT's negligent performance hereunder.
INSURANCE. CONSULTANT will procure and maintain at all times during the term of this AGREEMENT insurance as set forth in Exhibit "D" attached hereto.
10. PREVAILING WAGE LAW. CONSULTANT is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing-wage rates and the performance of other requirements on "public works" and "maintenance" projects.
If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, CONSULTANT agrees to fully comply with such Prevailing Wage Laws. Moreover, as required by Labor Code 1860, CONSULTANT shall secure the payment of compensation to CONSULTANT's employees in accordance with the provisions of Labor Code Section 3700.
CONSULTANT shall obtain a copy of the prevailing rates of per diem wages at the commencement of the Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at CONSULTANT's principal place of business and at the project site.
CONSULTANT shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
REGISTRATION. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then under Labor Sections 1725.5 and 1771.1, the CONSULTANT and all sub consultants 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 sub consultants, and this project is 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 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 1725.1 and 1771.1.
11. OWNERSHIP OF WORK PRODUCT. All reports, documents, or other written material developed by CONSULTANT in the performance of this AGREEMENT are and remain the property of the CITY without restriction or limitation on their use or dissemination by the CITY. Such material may not be the subject of a copyright application by CONSULTANT. Any re-use by CITY of any such materials on any project other than the project for which they were prepared is at the sole risk of CITY unless CITY compensates CONSULTANT and CONSULTANT approves the materials for such use. CONSULTANT shall maintain all ownership rights, title and interests in all inventions, trade secrets, trademarks, copyrights, patents, know-how, practices, drawings, specifications, details, procedures, processes, technology, software, hardware, datab ase, calculations, algorithm, object and source code developed, owned or controlled by CONSULTANT prior to the performance of any Work for CITY under this Agreement or developed by CONSULTANT independently from the performance of any Work for CITY under this Agreement ("CONSULTANT IP"). If and to the extent any CONSULTANT IP is included with or incorporated in the Work, CONSULTANT grants to CITY a non-exclusive, perpetual, royalty-free license to use and employ any and all CONSULTANT IP to the extent necessary to gain the full advantage and benefit of the Work. CITY shall not misappropriate, infringe, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how, processes, formulae, methodologies, or other information of any of CONSULTANT IP. All other rights in and to CONSULTANT IP are expressly reserved by CONSULTANT.
12. CONFIDENTIALITY. Employees of CONSULTANT, in the course of their duties, might have access to financial, accounting, statistical, and personnel data of private individuals and employees of the CITY. CONSULTANT covenants that all data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this AGREEMENT are deemed confidential and shall not be disclosed by CONSULTANT without written authorization by the CITY. The CITY shall grant such authorization if disclosure is required by law. All CITY data shall be returned to the CITY upon the termination of this AGREEMENT.
CONSULTANT's covenant under this Section survives the termination of this AGREEMENT.
13. TERMINATION FOR CONVENIENCE The CITY may terminate this AGREEMENT at any time without cause by giving 30 calendar days written notice to CONSULTANT of such termination and specifying the effective date thereof. If this AGREEMENT is terminated as provided herein, CONSULTANT will be paid only the total amount equal to the service that CONSULTANT has provided, to the CITY's satisfaction, as determined solely by the CITY, as of the termination date. In no event may the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT or the value of services provided as of date of termination.
14. TERMINATION FOR CAUSE. If for any reason, CONSULTANT fails to fulfill in a timely and proper manner its obligation under this AGREEMENT, or if CONSULTANT violates any of the covenants or stipulations of this AGREEMENT, the CITY then has the right to terminate this AGREEMENT by giving a five-calendar-day written notice to CONSULTANT. The notice must refer to this clause, specify the nature of the alleged default, and specify the effective date of the termination. CONSULTANT will be paid a total amount equal to the service CONSULTANT has provided, to the CITY's satisfaction, as determined solely by the CITY, as of the termination date. In no event may the amount payable upon termination exceed the total maximum compensation provided in this AGREEMENT.
15. ASSIGNMENT AND SUBCONTRACTING, Neither party may assign or subcontract the rights or responsibilities under this AGREEMENT without the express, written consent of the other party, which may be withheld for any reason or for no reason.
16. STANDARD. CONSULTANT agrees that the services to be rendered pursuant to this AGREEMENT shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar services.
CONSULTANT will re-perform any of said services that are not in conformity with industry standards, as determined solely by the CITY. CONSULTANT will be relieved of its obligation to re-perform said services if the CITY does not notify CONSULTANT within 180 days after the completion of the non-conforming service.
17. RESOLUTION OF DISPUTES,
A. Disputes regarding the interpretation or application of any provisions of this AGREEMENT must, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties.
B. If any action, at law or in equity, is brought to enforce or to interpret any provisions of this AGREEMENT, the prevailing party in such action shall be entitled to recover reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
18. FORCE MAJEURE. The respective duties and obligations of the Parties hereunder are suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.
19- NON-DISCRIMINATION AND EQUAL EMPLOY MENT OPPORTUNITY. In the performance of this AGREEMENT, CONSULTANT may not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
20. SEVERABILITY. If any provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless continue in full force and effect without being impaired or invalidated in anyway.
21. GOVERNING LAW. This AGREEMENT is governed by and must be construed in accordance with laws of the State of California. In the event of litigation between the parties, venue of state trial courts lies exclusively in the County of Los Angeles. In the event of litigation in a U.S.
District Court, exclusive venue lies in the Central District of California.
22. COMPLIANCE WITH LAWS.
A. CONSULTANT shall keep informed of, and comply with, State, Federal, and local laws, ordinances, codes, and regulations that in any manner affect the CONSULTANT's performance of this AGREEMENT. CONSULTANT shall at all times comply with such laws, ordinances, codes and regulations.
B. CONSULTANT shall obtain a CITY Business License prior to commencing performance under this AGREEMENT.
If CONSULTANT is an out-of-state corporation or LLC, it must be qualified or registered to do business in the State of California pursuant to the California Corporations Code.
D. The CITY, its officers, and employees, shall not be liable at law or in equity occasioned by CONSULTANT's failure to comply with this Section.
23. NON-WAIVER. The CITY's waiver of any breach of any provision of this AGREEMENT shall not be deemed a waiver of any other provision of this AGREEMENT, and shall not be deemed a waiver of any subsequent breach of the same provision or any other provision. The CITY's payment to CONSULTANT shall not constitute a waiver of any breach or default which may then exist on the part of the CONSULTANT. The CITY's payment to CONSULTANT shall not impair or prejudice any right or remedy available to the CITY with regarding to such breach or
24. ENTIRE AGREEMENT. This AGREEMENT, together with Exhibits "A,' "B," 'C" and "D" supersede any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this AGREEMENT acknowledges that no representation by any party, which is not embodied herein, nor any other agreement statement or promise not contained in this AGREEMENT shall be valid and binding. Any modification of the AGREEMENT shall be effective only if it is in writing and signed by all Parties.
25. LIMITATION OF LIABILITY. Neither CITY nor CONSULTANT shall be liable to the other for any punitive, exemplary, special, incidental, indirect or consequential damages, whether foreseen or known in advance by either party, whether based in contract, warranty, tort or other legal the ory, including but not limited to loss of profit, revenue, financing, funding, bonding, use, productivity or efficiency, business, equipment or facility interruption, inefficiency or shutdown, and damage to business reputation. The total and aggregate liability of CONSULTANT for any and all claims, losses, liabilities, damages, judgments, and awards arising out of or related to its work, purchase order or this Agreement shall be limited to the greater of the applicable insurance limits required to be maintained by CONSULTANT under this Agreement or $5,000,000.
IN WITNESS WHEREOF this Agreement is entered into by the Parties hereto on the dates set forth below.
CITY OF POMONA CONSULTANT
By:_
Anita Gutierrez, City Manager By:
Print: Patrick Carr
Date:
Its: Senior Vice President
Date:
ATTEST
Rosalia Butler, City Clerk
APPROVED AS TO FORM:
By: Deputy City Attorney
Approved by City Council on
EXHIBIT "A"
SCOPE OF SERVICES
PROJECT MANAGEMENT
EN will provide meeting invitations, agenda, attendance list, meeting notes, and action items for all meetings, including a kick-off meeting (1.1) and regular project status meetings (the RFP requests monthly but we recommend planning to meet bi-weekly) and on-going project communications about scheduling, requirements of the City, and milestones (1.2). A variety of online tools will be used to support these activities. EN will provide the City's project team members with access to track progress and contribute to tasks as appropriate. We will produce a final presentation summarizing our findings for the City's broadband strategic plan (1.3).
Kick-off Meeting and Project Management Plan
Our team will begin the project by conducting a project kickoff meeting to review project objectives, goals, and tasks. We will provide a schedule for all tasks, deliverable dates, progress reports, and other milestones to ensure alignment of our team with yours and that the final deliverables will meet your expectations. This meeting will also give us the opportunity to begin collecting information from the City staff about the project's background, as well as to request additional information and plan for future tasks. EN will coordinate with appropriate City staff for all of the project meetings.
We will complete at a minimum the following meetings:
• One kick-off meeting with Project Team
• Weekly or Bi-weekly meetings and written status reports to City's Representative • Meetings with local groups, stakeholders, and individuals • Presentations to various community, business and government groups on the findings, including to the City staff.
Deliverables: Finalized Project Management Plan
NEEDS ASSESSMENT
Our general approach is to analyze needs and opportunities for broadband development via a comprehensive assessment of assets, demand and requirements for connectivity, and the local supply of network services. The RFP had these tasks structure in a less than optimal manner sc this proposal involves a more practical approach that clearly delineates each component. The starting point will be an analysis of the Census Bureau data (2.2.2) and review of other, third party sources (2.2.3).
Needs Assessment of the City and Major Stakeholders
EN proposes to assess unmet connectivity requirements for the City of Pomona and its major local stakeholders (2.1) via a series of interviews with key departments and focus groups with the community. Representatives for stakeholders in each focus area will be convened to discuss their current connectivity, how it works for them, how their needs are likely to change, and the factors driving those changes. We propose to conduct up to six focus groups, for example:
• Basic/major industries
• Education, health, libraries, and recreation
• Housing and real estate development
• Parking, roads, utilities, and other infrastructure
• Public safety, including fire, police, and other first responders • Small businesses and support industries
EN's formal needs assessment will include outreach with potential users of broadband including departments, businesses, residents, and internet service providers. We will meet with these stakeholders in focus groups to document current and future needs as well as understanding or how joint investments and partnerships could impact operations of expanding broadband in the City. This outreach may include:
• Public/Municipal Outreach: municipal leaders across the City including IT, public works, finance and leadership as well as other important department leaders throughout the City and its communities.
• Private Providers: EN will hold one-on-one interviews with private retail providers allowing them to share information on their current network, expansion and upgrade plans and willingness to partner with the City to better serve its communities. • Anchors and Enterprise Businesses: We suggest scheduling one-on-one and group meetings with your large broadband users, including schools, hospitals, regional government organizations and large enterprise businesses. • Businesses: EN recommends conducting focus groups with small and medium businesses that are representative of the greater business community. • Residents: EN recommends conducting focus groups with residents and neighborhood groups to understand their current unmet needs and future needs.
EN will utilize data from its survey, stakeholder outreach and census and demographic data to determine the economic and community impact that broadband issues are having on the This will include how the lack of broadband has impacted economic development, how businesses feel about relocating due to lack of reliable and affordable broadband, and the effect poor broadband and broadband gaps have created for residents with particular focus on ability to telecommute, utilize online education and provide economic opportunities through online small businesses.
During these meetings, we will uncover key information about the needs of the community including what locations are underserved or unserved and digital equity issues including access, affordability, availability of devices, and digital literacy.
Market Analysis/Broadband Supply Assessment
For the City of Pomona's broadband needs assessment (2.1), we propose to gather information about internet services in the City sources (2.2), from providers (2.2.1) via their websites and similar sources. We will directly contact existing providers about existing, planned, and potential infrastructure in the public right of ways, including conduits, fibers, poles, antennas, towers, etc.
Telecommunications companies, especially incumbent local internet service providers, generally do not share information their infrastructure, so we will ascertain that (2.2.1.1) to the extent possible from other sources. All of this information will be ingested to our GIS and provided to the City at the complete of the project.
Our team will conduct a market analysis to gain an understanding of what service offerings are currently available to businesses and residents in the City. EN's market analysis will identity the services that are available, providers, service level, pricing, and access. We will document all privately-owned networks and research incumbent providers that currently serve the market as well as potential new entrants. This information will come from a variety of sources, including our comprehensive broadband database, third-party research, and information obtained from the providers themselves.
We will then analyze the current market and delineate served, underserved and unserved areas that have a need for broadband but currently lack the necessary infrastructure. We will also work with the local providers to understand and document their current needs, as they too are stakeholders in the region.
Community Survey/Demand Assessment
EN will gather information about internet access and use from residents, businesses, major healthcare providers, school district (2.2.4) and others within the City boundary (2.3.1) via a survey (2.3). The survey will directly gather information about locations' (businesses, households, etc.) connection type, provider, bandwidth/throughput, latency, cost (2.2.1.2), and reliability/uptime. We will also gather information related to willingness-to-pay. Further it will as about devices, knowledge, other locations, and other aspects of accessibility, as well as specific data on availability, cost, and performance of broadband service (2.3.2 - 2.3.9).
EN will perform a local random sample citywide survey that will compare to market and census data showing demand and anticipated penetration rates. The survey will provide you with a graphical and visual representation of the current market, based on the survey and data collected for the market. This graphical representation will give you unique and valuable data on the actual broadband market in the City so you can understand the following:
1. Actual speeds that residents, anchors and businesses are receiving
2. Actual pricing that residents, anchors and businesses pay for services
3. Territories for providers operating in each community
4. Customer satisfaction levels with broadband providers
5. Key issues that impact customers across the City
6. Identify Underserved and Unserved areas
The survey will be available online and on paper in a variety of languages (2.2.11). It will be promoted at community events (2.2.4.3), "popup" intercepts (2.2.4.4), and by canvassing local neighborhoods and businesses, especially those believed to be unserved and underserved (2.2.4.5), via website, social media, and other digital platforms (2.2.6), utility bills, and other traditional media (2.2.7), and the public school district (2.2.8). It will be critical for the City to be actively involved in these activities to get full participation and representative results. We will rely on these methods without the use of postal mail.
We will research community-based organizations (CBO) and provide a list of potential CBOs (2.2.4.2) for the City to engage and work closely with City's Community Affairs Manager to organize events and engage community members (2.2.4.1), particularly via the CBOs. We will rely on the City to provide solutions for BYOD devices. We will work with the City to provide training for volunteers, digital navigators, and CBO representatives. We will provide assistance to the CITY in identifying the neighborhoods to be included in the survey efforts based on unserved, underserved and low income data from the FCC and CPUC.
As an Esri Gold Partner, EN has full access to entire suite of ArcGIS tools, including Survey 123.
The quoted price includes building a survey in Survey123 (2.3) and either hosting it internally or developing it the City's ArcGIS server.
Asset Assessment
EN proposes to assess physical assets in the City of Pomona for their connectivity requirements and potential usefulness in broadband development. We will identify the City's (2.3.11) existing and planned antennas, cables/fiber, conduits, poles, towers, etc., and potential locations for such infrastructure on public property and in the public right of ways. We will also assess similar assets owned by utility companies, State, County, community anchor institutions, etc., (2.3.12) for their usetulness and connectivity requirements. This information will be combined with information about network service providers' assets (2.3.10) to be gathered during the market analysis supply assessment.
We believe that the following components should be analyzed:
• Underground conduit, innerduct, empty and available conduit • Fiber cables, strand counts, splice points, terminations and utilized strands • Vault and handhole locations
• Available and reserved capacity throughout the network • Construction and placement method policies
• Current as-builts and documentation
• Terminating locations and public facilities
• GIS maps including publicly owned property, right of way, easements • Location of capital improvement projects and economic development zones • Current and planned locations of public safety cameras and traffic signal interconnect EN will request GIS files, capital projects, planning and development data from the City to develop a broadband asset map. Using this data, we propose to first build a geo-correct layer of conduit and fiber, identifying placed conduit, type, size, status (occupied/vacant) and related information. A second layer will incorporate poles, traffic signal cabinets and other assets to be used for expanding broadband.
A third layer will include General, Economic Development, Transportation and Capital Projects Plans to identify strategic and cost-effective methods of deploying and expanding broadband in a planned, organized, and phased approach. We will work closely with the City to assess planned projects that may create opportunities to install additional conduit and fiber through long-term capital projects schedules, public rights-of-way encroachments and development agreements, and build a map that identifies the projects where broadband infrastructure could be installed over a 10- year period. We will conduct interviews with key staff from City agencies and departments including the General Services Facilities Division to collect information about these assets and plans, providing additional details about how they can be leveraged in the network's design.
Gap Analysis
EN will identify gaps in internet access and similar services and detail the challenges involved in filling these gaps (3.1).
EN will develop a gap analysis identifying key issues and barriers related to ensuring that the community has access to the desired symmetrical broadband. Our analysis will include gaps in:
• Broadband infrastructure including fiber-optic and wireless assets • Broadband availability, affordability, and speeds
• Digital equity
• Data from FCC broadband availability databases and maps • Data from CPUC broadband availability databases and maps • Data from the local survey instruments and materials
• Data from workshops, interviews and outreach to local stakeholders The analysis will include potential solutions for filling each of these gaps, including the deployment of new infrastructure, working with providers to improve availability and quality of services, and ensuring that all locations of the community have equal access.
STRATEGIC PLAN
EN will produce a complete broadband strategic plan document including a conceptual network design, operational requirements, technology recommendations, funding options, and financial feasibility analysis.
Conceptual Network Design
The plan will include a network design to address the connectivity needs, close the digital divide, and provide a platform for future growth. The design will have three general phases to reach (a) unserved areas, (b) under-served areas, and (c) the entire City. The conceptual design will provide the basis for estimating costs and coverage (3.2) for fiber-to-the-node (i.e., hub or pedestal) and - premises (3.19). We will provide specifications to the level necessary to estimate capital and operating expenses under various public-private partnership models.
A conceptual design is an important and necessary element of broadband master plans and is key in developing a phased approach to implementation as well as financials to understand the sustainability of the program. Based on the gap analysis, EN will develop a conceptual network design that includes the locations and type of infrastructure needed to address the needs of Pomona's community. The design will leverage existing infrastructure and planned projects and will include recommended new infrastructure such as fiber-optic and wireless facilities to address the near- and long-term needs of municipal operations, residents, businesses, and community anchor institutions in Pomona. We will include GIS mapping of the proposed conceptual network design, which will be detailed enough to allow us to provide high-level cost estimates for implementing the broadband network. Our team will also help the City evaluate the feasibility and costs associated with different types of infrastructure to ensure that the final design meets the needs of the communities it will serve.
Technical Specifications and Cost Estimation
We will work with the City to determine the pros/cons of various competing and emerging technologies as well as operation and management structures. EN's team will identify the most feasible technical solution and business model for the City based on capital costs, operating expenses and capacity, alternative financing methods, as well as risk, timing, and service quality considerations.
EN proposes using our Broadband Financial Sustainability Model to evaluate the business and financial sustainability of the program. Using our financial tools, we suggest using the following process to conduct the business model analysis. We would propose using a 10-year period to analyze the project including:
• Develop the cost model for the network, including one-time and ongoing capital expenditures to build the network based on the most suitable technology solutions. • Develop the cost model for capital investment and operations, including equipment, O&M, marketing, network operations, field services, staffing, billing, and customer service, as applicable to the proposed operational model.
• Conduct financial analysis on the project to determine overall financial sustainability. • Include prevailing wage standards, labor agreements, community benefit agreements and description of best practices.
Business Model Analysis
EN will assess the financial feasibility for various broadband deployment models with expense and income estimates based on the conceptual design. The analysis will include fully private (3.6), fully public (3.3), public-private partnership (3.4), and variations of these models (3.5).
Each model will analyze overall construction, startup, and operational costs (3.15), including estimates for back office/business operational systems (3.10, 3.14), installation (3.9), maintenance (3.13), sales and marketing (3.8), and staffing (3.11), including potentially outsourcing operations (3.12).
Some of the key questions that we will address in this section include:
• What opportunities exist for the City to leverage its existing infrastructure to provide additional broadband service options to unserved and underserved locations? • How might joint investment in broadband infrastructure be accomplished between the City and other public or private sector organizations?
• What legal and operational structures should be considered by the City and other organizations in use of the proposed infrastructure?
• How will the City balance private sector goals of revenue growth and profitability with public goals of providing affordable and available broadband services across the region? • How will future system expansion be handled between the City and private sector providers and what contributions will the parties make to this infrastructure? • What regional opportunities exist for collaboration?
Implementation Plan
EN will develop an implementation plan that considers the deployment timeline and risks of each model (3.16). The implementation plan will consider how diversifying broadband supply might result in competitive pricing and whether it would be practical and sustainable for the City to deliver broadband service to its residents (3.20). Geographic and other obstacles, such as lack of infrastructure and development density, will be highlighted (3.21) in the implementation plan along with various options for phased development to optimize costs and coverage with varying levels of public-private partnership (3.22).
Grants Assistance
EN will identify options for funding the initiative and estimate the City's eligibility for grants availability for deployment models analyzed for the strategic plan.
EN's team will screen and identify feasible grant and loan programs for the City. Our analysis will look at the federal NTIA Programs including BEAD and EDA, as well as State Programs including CASF, Capital Projects and RAISE. We will identify the program size, details, qualifications, requirements and other key information for the City to determine the opportunity to fund some of its service area with federal or state funds. Based on the financial analysis, we will be able to provide the following information to the City to determine the best funding sources to be used for the various phases of the project.
Some of the areas we will analyze include:
• State and federal grant programs
• Joint build and joint contribution projects
• Organizational structures available, for profit, non-profit, economic development corporations, joint powers authorities and joint ventures • Public/private contribution models
• Total amount of funding needed for the project
• Capital versus operational funding needed for the project • Funding term, identifying short-term and long-term portions of funding • Optimizing public and private funding sources
Strategic Plan and Approval Process Support
The culmination of the project will be a Strategic Plan that lays out strategies for the City of Pomona to implement its community broadband initiatives. EN will provide a report that details actionable steps for the City to expand broadband access and adoption among its population to ddress the digital divide. Prior to finalizing, EN will provide the City team with an opportunity t eview the Plan and will work with the City to ensure that it is 100% representative of the needs o the community. We will also be available to present our findings to leadership for adoption of the EXHIBIT "B"
FEE SCHEDULE
The revised cost to the City of Pomona is $287,615 and includes all work to be completed by EN be billed as actuals as incurred.
Description Cost
Kickoff Meeting $ 2,950
Project Management & Presentation $ 37,515
Asset Inventory $ 17,700
Market Analysis $ 17,700
Needs Assessment $ 23,600
Survey Development & Marketing $ 17,700
CBO & Navigator Coordination $ 20,000
Gap Analysis $ 17,700
Conceptual Design $ 23,600
Technical Specifications & Financials $ 17,700
Business Model Analysis $ 23,600
Phased Implementation Plan $ 23,600
Grant Assistance $ 17,700
Strategic Plan $ 26,550
Total Labor Costs $287,615
Travel and Expenses (billed as actuals) $ 5,880
Total for All Services $293,495
EXHIBIT "C"
WRITTEN DETERMINATION
(Page 1 of 2)
I, Anita Gutierrez, City Manager of the City of Pomona ("CITY"), have made the following determination with regard to economic interest disclosure requirements for The CONSULTANT_ pursuant to the Conflict of Interest Code adopted by CITY:
CONSULTANT shall disclose its economic interest pursuant to the broadest disclosure category in the Code. (CATEGORY I*) [x] CATEGORY I: Business interests and Investments
CONSULTANT has been hired to perform a range of duties that are limited in scope and thus CONSULTANT is not required to comply with the broadest disclosure category requirements. Based on the Scope of Services set forth in Exhibit "A," of the Agreement, CONSULTANT need only provide economic interest disclosure under the following categories*:
CATEGORY II: Supply Sources
CATEGORY III: Contractors
CATEGORY IV: Geographic location
*A full explanation of each of these disclosure categories is found on page 2 of this Exhibit.
CONSULTANT is not required to comply with Disclosure
requirements based on the following:
Duties of CONSULTANT under this AGREEMENT are not
applicable to Conflict of Interest Code
Other:
Date:
Anita Gutierrez, City Manager
WRITTEN DETERMINATION
(Page 2 of 2)
DESIGNATED EMPLOYEE CATEGORIES
I. This category applies to individuals that make, or participate in making, decisions that may have a material effect on their financial interests)in:
a. busınesses in which the individual holds an investment or business position':
b. sources of income; or
c. real property.
Individuals subject to this category need not disclose under Category II or III. Individuals subject to this category must disclose any of the following financial interests within the City and within two miles of City boundaries:
a. investments in business entities?
b. business positions held;
C. sources of income; and
d. Interests in real property.
". This case of seniles suiples, maternal, ma, or pay oreate making, decisions that involve the Individuals subject to this category must disclose any of the following financial interests in business entities which provide services, supplies, materials, machinery, equipment, or technology of the type utilized by the City:
a. Investments in business entities;
b. business positions held; and
C. Sources of income.
IlI. This category applies to individuals that make, or participate in making, decisions that involve contracting for services including, but not limited to:
a. Deodorinaiservices; vendor services;
C. consulting services; and
d. Contractor services.
Individuals subject to this category must disclose any of the following financial interests in business entities which provide contract services, of the type utilized by the City:
investments in business entities;
b. business positions held; and
C. Sources of Income.
IV. This category applies, as applicable, to commissioners. Individuals subjectto this category must disclose:
a allinvestments in. interest in, or income from, real property located within the jurisdiction Of the respective board or commission and five hundred feet contiguous thereto; and b. all investments in, interest in, or income from, any business entity:
i. in which the person holds a business position; and
ii. That is either: A) within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; or B) conducted business within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto, at any time during the two years prior to the date of filing the Statements of Economic Interest. 1 "Business positions• shall include, but not be limited to, a role as a director, officers, partner, trustee, employee, or any management position.
2 "Business entities. shall include, but not be limited to, sole proprietorships, partnerships, and corporations.
EXHIBIT "D"
INSURANCE
REQUIREMENTS
CONSULTANT will maintain throughout the duration of the term of the AGREEMENT, Liability Insurance covering CONSULTANT and designating CITY, including its elected or appointed officials, directors, officers, authorized agents, and employees, as additional insureds against claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of CONSULTANT's work, in amounts no less than the following, and with such deductibles as are ordinary and reasonable in keeping with industry standards. It must be stated, in the Additional Insured Endorsement, that CONSULTANTs insurance policies must be primary with respect to any claims related to or as the result of CONSULTANT's work. Any insurance, pooled coverage, or self- insurance maintained by CITY, its elected or appointed officials, directors, officers, authorized agents, and employees must be non-contributory. The Additional Insured Endorsement does not apply to the Professional Liability or Workers' Compensation Insurance requirement.
Professional Liability Insurance:
a. General Aggregate
$2,000,000 per claim and in the aggregate
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
C. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $50,000
f. Medical Expense (any one person) $5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
C. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $1,000,000
CONSULTANT will provide thirty (30) days advance notice to CITY in the event of cancellation of any coverage. Certificates of insurance and additional insured endorsements must be furnished to CITY thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates the right but not the duty to obtain replacement insurance and to charge the CONSULTANT for any premium due for such coverage. CITY has the option to deduct any such premium from the sums due to the CONSULTANT.
Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-: VII or better. Acceptance of insurance from a carrier with a rating lower than A-: VII is subject to approval by City's Risk Manager. CONSULTANT shall immediately advise the CITY of any litigation that may affect these insurance policies.