Agenda packet — Coachella City Council, September 14, 2022 (part 2 of 3)

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Item 13.

FREDDIE MAC NOTES
DTD 08/21/2020 0.250% 08/24/2023
3137EAEV7 185,000.00 AA+ Aaa 08/19/20 08/21/20 184,811.30 0.28 163.16 184,927.99 179,390.43

FANNIE MAE NOTES
DTD 09/14/2018 2.875% 09/12/2023
3135G0U43 330,000.00 AA+ Aaa 12/03/18 12/06/18 329,333.40 2.92 2,872.60 329,832.30 329,673.63

FEDERAL FARM CREDIT BANK (CALLABLE)
DTD 09/21/2020 0.250% 09/21/2023
3133EMAM4 250,000.00 AA+ Aaa 10/07/20 10/09/20 249,575.00 0.31 173.61 249,823.61 241,965.25

FEDERAL HOME LOAN BANKS NOTES
DTD 12/09/2013 3.375% 12/08/2023
3130A0F70 190,000.00 AA+ Aaa 01/30/19 01/31/19 195,600.04 2.72 409.69 191,659.15 190,945.06

FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
3130AJHU6 200,000.00 AA+ Aaa 04/15/20 04/16/20 199,008.00 0.60 213.89 199,446.35 186,275.20

FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 260,000.00 AA+ Aaa 04/22/20 04/24/20 259,464.40 0.67 311.46 259,698.73 242,622.64

FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 360,000.00 AA+ Aaa 06/03/20 06/05/20 361,843.20 0.52 431.25 361,061.24 335,939.04

FREDDIE MAC NOTES (CALLABLE)
DTD 05/29/2020 0.750% 05/28/2025
3134GVB31 200,000.00 AA+ Aaa 06/05/20 06/09/20 199,400.00 0.81 137.50 199,648.73 186,949.40

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 175,000.00 AA+ Aaa 07/02/20 07/07/20 175,201.25 0.48 34.03 175,120.57 162,036.00

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 225,000.00 AA+ Aaa 10/01/20 10/05/20 226,055.25 0.40 43.75 225,665.37 208,332.00

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 305,000.00 AA+ Aaa 06/17/20 06/19/20 304,368.65 0.54 59.30 304,625.48 282,405.60

FREDDIE MAC NOTES
DTD 07/23/2020 0.375% 07/21/2025
3137EAEU9 185,000.00 AA+ Aaa 07/21/20 07/23/20 184,078.70 0.48 308.33 184,436.31 170,463.63

FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 195,000.00 AA+ Aaa 08/25/20 08/27/20 194,087.40 0.47 255.94 194,424.12 179,226.65

FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 420,000.00 AA+ Aaa 10/21/20 10/22/20 417,727.80 0.49 551.25 418,520.76 386,026.62

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Item 13.

FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
3137EAEX3 285,000.00 AA+ Aaa 09/23/20 09/25/20 284,142.15 0.44 290.94 284,445.03 261,570.15

FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 185,000.00 AA+ Aaa 11/09/20 11/12/20 184,337.70 0.57 138.75 184,554.47 169,808.17 Security Type Sub-Total 4,985,000.00 4,984,435.19 0.88 7,101.01 4,982,785.32 4,730,532.48 Corporate Note

ADOBE INC CORP NOTE
DTD 02/03/2020 1.700% 02/01/2023
00724PAA7 100,000.00 A+ A2 01/22/20 02/03/20 99,863.00 1.75 708.33 99,973.08 99,117.60

PFIZER INC CORP NOTES
DTD 03/11/2019 2.950% 03/15/2024
717081ES8 260,000.00 A+ A2 04/02/19 04/04/19 263,146.00 2.69 2,258.39 261,051.03 259,023.18

MORGAN STANLEY CORP NOTES
(CALLABLE)
DTD 04/22/2021 0.731% 04/05/2024
61772BAA1 25,000.00 A- A1 04/19/21 04/22/21 25,000.00 0.73 43.66 25,000.00 24,378.70

MORGAN STANLEY CORP NOTES
(CALLABLE)
DTD 04/22/2021 0.731% 04/05/2024
61772BAA1 75,000.00 A- A1 04/20/21 04/22/21 75,094.50 0.69 130.97 75,036.85 73,136.10 AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
023135BW5 115,000.00 AA A1 05/10/21 05/12/21 114,832.10 0.50 70.44 114,895.68 109,326.36

TEXAS INSTRUMENTS INC CORP NOTES
(CALLAB
DTD 05/04/2017 2.625% 05/15/2024
882508BB9 300,000.00 A+ Aa3 02/23/22 02/25/22 304,716.00 1.90 1,006.25 303,922.65 297,233.10

WALMART INC CORPORATE NOTES
DTD 04/23/2019 2.850% 07/08/2024
931142EL3 360,000.00 AA Aa2 07/10/19 07/12/19 371,235.60 2.19 4,930.50 362,356.78 358,163.28

JPMORGAN CHASE & CO CORPORATE

NOTES (CAL
DTD 09/16/2020 0.653% 09/16/2024
46647PBS4 115,000.00 A- A2 09/09/20 09/16/20 115,000.00 0.65 219.03 115,000.00 110,516.73

BANK OF AMERICA CORP (CALLABLE)

CORPORAT
DTD 10/21/2020 0.810% 10/24/2024
06051GJH3 150,000.00 A- A2 10/16/20 10/21/20 150,000.00 0.81 226.13 150,000.00 143,058.45

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Item 13.

JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 01/10/2022 1.250% 01/10/2025
24422EVY2 190,000.00 A A2 03/08/22 03/10/22 185,200.60 2.17 1,128.13 185,723.58 179,914.42

MICROSOFT CORP (CALLABLE) NOTES
DTD 02/12/2015 2.700% 02/12/2025
594918BB9 190,000.00 AAA Aaa 03/15/21 03/17/21 202,921.90 0.92 1,980.75 198,366.35 188,471.26

TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 60,000.00 A+ A1 05/20/20 05/26/20 60,586.20 1.58 414.00 60,325.74 57,196.14

TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 90,000.00 A+ A1 05/20/20 05/26/20 90,879.30 1.58 621.00 90,488.61 85,794.21

NOVARTIS CAPITAL CORP
DTD 02/14/2020 1.750% 02/14/2025
66989HAP3 295,000.00 AA- A1 05/06/20 05/08/20 305,504.95 0.98 1,964.62 300,694.27 284,463.78 AMAZON.COM INC CORPORATE NOTES
DTD 04/13/2022 3.000% 04/13/2025
023135CE4 245,000.00 AA A1 04/11/22 04/13/22 244,610.45 3.06 1,592.50 244,638.53 242,871.93

CITIGROUP INC CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 50,000.00 BBB+ A3 04/27/21 05/04/21 50,000.00 0.98 81.75 50,000.00 46,828.70

CITIGROUP INC CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 55,000.00 BBB+ A3 04/28/21 05/04/21 55,145.75 0.91 89.93 55,103.46 51,511.57

GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 05/22/2015 3.750% 05/22/2025
38148LAE6 135,000.00 BBB+ A2 02/12/21 02/17/21 150,819.30 0.94 548.44 145,434.70 133,308.59

JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 06/01/2021 0.824% 06/01/2025
46647PCH7 115,000.00 A- A2 05/24/21 06/01/21 115,000.00 0.82 78.97 115,000.00 107,571.23

JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 08/10/2021 0.768% 08/09/2025
46647PCM6 50,000.00 A- A2 08/03/21 08/10/21 50,000.00 0.77 151.47 50,000.00 46,436.55

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Item 13.

BRISTOL-MYERS SQUIBB CO CORPORATE
NOTES
DTD 11/13/2020 0.750% 11/13/2025
110122DN5 72,000.00 A+ A2 06/17/21 06/21/21 71,282.88 0.98 72.00 71,450.33 65,568.38

BANK OF AMERICA CORP NOTES
(CALLABLE)
DTD 03/22/2022 3.384% 04/02/2026
06051GKM0 220,000.00 A- A2 03/17/22 03/22/22 220,000.00 3.38 2,047.32 220,000.00 213,253.04

TARGET CORP CORPORATE NOTES
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 25,000.00 A A2 01/19/22 01/24/22 24,957.50 1.99 212.61 24,961.20 23,146.93

TARGET CORP CORPORATE NOTES
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 125,000.00 A A2 01/27/22 01/31/22 124,923.75 1.96 1,063.02 124,930.11 115,734.62

BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 200,000.00 A A1 01/26/22 01/28/22 200,644.00 1.98 1,765.28 200,588.69 183,553.40 Security Type Sub-Total 3,617,000.00 3,671,363.78 1.74 23,405.49 3,644,941.64 3,499,578.25 Certificate of Deposit

SKANDINAV ENSKILDA BANK LT CD
DTD 09/03/2019 1.860% 08/26/2022
83050PDR7 295,000.00 A-1 P-1 08/29/19 09/03/19 295,000.00 1.85 1,905.21 295,000.00 294,954.87

BARCLAYS BANK PLC NY CERT DEPOS
DTD 02/03/2022 1.050% 02/01/2023
06742TG34 250,000.00 A-1 P-1 02/02/22 02/03/22 250,000.00 1.05 1,079.17 250,000.00 246,262.26

CREDIT SUISSE NEW YORK CERT DEPOS
DTD 03/23/2021 0.590% 03/17/2023
22552G3C2 155,000.00 A-1 P-1 03/19/21 03/23/21 155,000.00 0.59 269.27 155,000.00 151,982.31 Security Type Sub-Total 700,000.00 700,000.00 1.29 3,253.65 700,000.00 693,199.44 Asset-Backed Security
HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
43815MAC0 9,428.03 NR Aaa 05/21/19 05/29/19 9,427.68 2.52 6.60 9,427.95 9,433.84 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
89239AAD5 11,262.35 AAA Aaa 02/05/19 02/13/19 11,260.30 2.91 14.57 11,261.87 11,272.72

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Item 13.

Managed Account Detail of Securities Held For the Month Ending June 30, 2022 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Asset-Backed Security
ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
02004WAC5 681.06 NR Aaa 02/05/19 02/13/19 680.98 2.91 0.88 681.04 681.05 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
65479KAD2 7,848.16 NR Aaa 02/05/19 02/13/19 7,846.97 2.90 10.12 7,847.83 7,853.72 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
14042WAC4 8,026.37 AAA Aaa 05/21/19 05/30/19 8,024.74 2.51 8.95 8,025.87 8,031.25 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
65479HAC1 15,605.86 NR Aaa 05/21/19 05/28/19 15,602.33 2.51 17.34 15,604.77 15,604.83 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
43813RAC1 53,764.51 NR Aaa 02/19/20 02/26/20 53,753.98 1.61 24.04 53,759.92 53,464.55 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
89232HAC9 67,654.07 AAA Aaa 02/04/20 02/12/20 67,649.19 1.66 49.91 67,651.92 67,278.75 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
14315XAC2 58,663.00 AAA NR 01/14/20 01/22/20 58,651.49 1.89 49.28 58,657.22 58,273.85 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 55,000.00 NR Aaa 02/17/21 02/24/21 54,998.99 0.27 4.13 54,999.32 53,710.28 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 45,000.00 AAA NR 04/20/21 04/28/21 44,995.27 0.38 7.60 44,996.54 43,583.48 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 30,000.00 AAA NR 01/20/21 01/27/21 29,994.07 0.34 4.53 29,995.80 29,244.15 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 70,000.00 AAA Aaa 09/21/21 09/27/21 69,994.42 0.43 13.38 69,995.40 66,671.28 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 65,000.00 AAA NR 04/13/21 04/21/21 64,985.99 0.52 15.02 64,989.45 63,099.76 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 35,000.00 AAA NR 11/09/21 11/17/21 34,992.19 0.75 11.51 34,993.27 33,390.54 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 55,000.00 AAA Aaa 09/20/21 09/27/21 54,988.22 0.58 14.18 54,990.02 51,518.85

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Item 13.

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Item 13.

Managed Account Security Transactions & Interest For the Month Ending June 30, 2022 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
BUY
06/08/22 US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
06/06/22 91282CCF6 325,000.00 (297,857.42) (53.28) (297,910.70) Transaction Type Sub-Total 325,000.00 (297,857.42) (53.28) (297,910.70)

INTEREST
06/01/22 06/01/22 MONEY MARKET FUND MONEY0002 0.00 0.00 127.15 127.15 06/01/22 JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 06/01/2021 0.824% 06/01/2025
06/01/22 46647PCH7 115,000.00 0.00 473.80 473.80
06/25/22 FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
06/01/22 3137BGK24 110,000.00 0.00 280.68 280.68
06/25/22 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
06/01/22 3136AJB54 77,547.93 0.00 230.65 230.65
06/25/22 FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
06/01/22 3137AWQH1 89,671.95 0.00 172.39 172.39
06/25/22 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
06/01/22 3137BM6P6 39,782.21 0.00 102.44 102.44
06/08/22 FEDERAL HOME LOAN BANKS NOTES
DTD 12/09/2013 3.375% 12/08/2023
06/08/22 3130A0F70 190,000.00 0.00 3,206.25 3,206.25
06/15/22 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
06/15/22 254683CP8 55,000.00 0.00 26.58 26.58
06/15/22 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
06/15/22 44933LAC7 45,000.00 0.00 14.25 14.25
06/15/22 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
06/15/22 89239BAC5 70,000.00 0.00 25.08 25.08
06/15/22 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
06/15/22 14315XAC2 63,745.42 0.00 100.40 100.40
06/15/22 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
06/15/22 44932NAD2 688.70 0.00 1.53 1.53
06/15/22 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
06/15/22 14042WAC4 11,698.73 0.00 24.47 24.47
06/15/22 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
06/15/22 89239AAD5 15,980.44 0.00 38.75 38.75

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Item 13.

INTEREST
06/15/22 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
06/15/22 65479KAD2 11,805.14 0.00 28.53 28.53
06/15/22 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
06/15/22 14316NAC3 30,000.00 0.00 8.50 8.50
06/15/22 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
06/15/22 14314QAC8 65,000.00 0.00 28.17 28.17
06/15/22 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
06/15/22 65479HAC1 19,558.61 0.00 40.75 40.75
06/15/22 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
06/15/22 02004WAC5 2,670.78 0.00 6.48 6.48
06/15/22 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
06/15/22 89232HAC9 75,503.70 0.00 104.45 104.45
06/15/22 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
06/15/22 44935FAD6 35,000.00 0.00 21.58 21.58
06/17/22 FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
06/17/22 3135G04Z3 705,000.00 0.00 1,762.50 1,762.50
06/18/22 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
06/18/22 43814WAC9 3,274.14 0.00 7.72 7.72
06/19/22 FREDDIE MAC NOTES
DTD 06/11/2018 2.750% 06/19/2023
06/19/22 3137EAEN5 325,000.00 0.00 4,468.75 4,468.75
06/21/22 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
06/21/22 43813RAC1 59,314.14 0.00 79.58 79.58
06/21/22 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
06/21/22 43815MAC0 13,344.45 0.00 28.02 28.02
06/21/22 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
06/21/22 43813GAC5 55,000.00 0.00 12.38 12.38
06/26/22 FREDDIE MAC NOTES
DTD 06/26/2020 0.250% 06/26/2023
06/26/22 3137EAES4 175,000.00 0.00 218.75 218.75
06/30/22 US TREASURY NOTES
DTD 12/31/2018 2.625% 12/31/2023
06/30/22 9128285U0 70,000.00 0.00 918.75 918.75
06/30/22 US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
06/30/22 91282CBC4 540,000.00 0.00 1,012.50 1,012.50
Transaction Type Sub-Total 3,069,586.34 0.00 13,571.83 13,571.83

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Item 13.

PAYDOWNS
06/25/22 FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
06/01/22 3137AWQH1 12,942.96 12,942.96 0.00 12,942.96 (191.11) 0.00 06/25/22 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
06/01/22 3136AJB54 2,849.72 2,849.72 0.00 2,849.72 (138.48) 0.00 06/25/22 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
06/01/22 3137BM6P6 26,054.96 26,054.96 0.00 26,054.96 (221.87) 0.00 06/15/22 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
06/15/22 89239AAD5 4,718.09 4,718.09 0.00 4,718.09 0.86 0.00 06/15/22 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
06/15/22 65479HAC1 3,952.75 3,952.75 0.00 3,952.75 0.90 0.00 06/15/22 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
06/15/22 02004WAC5 1,989.72 1,989.72 0.00 1,989.72 0.24 0.00 06/15/22 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
06/15/22 14315XAC2 5,082.42 5,082.42 0.00 5,082.42 1.00 0.00 06/15/22 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
06/15/22 14042WAC4 3,672.36 3,672.36 0.00 3,672.36 0.75 0.00 06/15/22 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
06/15/22 65479KAD2 3,956.98 3,956.98 0.00 3,956.98 0.60 0.00 06/15/22 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
06/15/22 89232HAC9 7,849.63 7,849.63 0.00 7,849.63 0.57 0.00 06/15/22 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
06/15/22 44932NAD2 688.70 688.70 0.00 688.70 0.09 0.00
06/18/22 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
06/18/22 43814WAC9 3,274.14 3,274.14 0.00 3,274.14 0.09 0.00 06/21/22 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
06/21/22 43815MAC0 3,916.42 3,916.42 0.00 3,916.42 0.15 0.00 06/21/22 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
06/21/22 43813RAC1 5,549.63 5,549.63 0.00 5,549.63 1.09 0.00 Transaction Type Sub-Total 86,498.48 86,498.48 0.00 86,498.48 (545.12) 0.00 Managed Account Sub-Total (211,358.94) 13,518.55 (197,840.39) (545.12) 0.00 Total Security Transactions ($211,358.94) $13,518.55 ($197,840.39) ($545.12) $0.00

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Item 13.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Contract Amendment No. 1 with Atlas Technical Consultants LLC for reoccurring, as needed, construction materials and quality assurance testing for the Pueblo Viejo Sustainable Transportation Project, City Project ST-130 STAFF RECOMMENDATION:

Authorize City Manager to execute contract Amendment #1 with Atlas Technical Consultants LLC for reoccurring, as needed, construction materials and quality assurance testing for the Pueblo Viejo Sustainable Transportation Project, City Project ST-130.

BACKGROUND:

In October of 2020, the City entered into a grant agreement with an Infill Infrastructure Grant (IIG) program, which also supplements an Affordable Housing and Sustainable Communities (AHSC) program grant. These two grants provide approximately 3.4 million in funding and are allocated under City project number ST-130. These grant funds are to be used on infill infrastructure improvements in the downtown Pueblo Viejo District. Improvements included in the grant funding include curbs, gutters, sidewalks, bike lanes, lighting, electrical undergrounding, public plaza improvements, landscaping and ADA improvements.

On January 26, 2022, the City Council approved a construction contract with Desert Concepts for the Pueblo Viejo Sustainable Transportation Project in the amount of $3,083,149 with a project contingency of 10%. The Project is currently under construction and requires ongoing materials and quality assurance testing services.

DISCUSSION/ANALYSIS:

On January 26, 2022, City Council authorized an agreement with Atlas Technical Consultants in the amount of $15,000 for construction materials and quality assurance testing services for the Pueblo Viejo Sustainable Transportation Project. Amendment #1 will authorize Atlas Technical Consultants to provide as needed testing services for the remainder of the project on an hourly rate within the approved project contingencies.

Amendment #1 will ensure adequate materials testing and quality assurance continue throughout the project duration. Staff recommends approving Amendment #1 to Atlas Technical Consultants

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Item 14.
to continue materials testing and quality assurance for the Pueblo Viejo Sustainable Transportation Project.

FISCAL IMPACT:

Contract Amendment will be paid through appropriated project construction contingencies with no fiscal impact to CIP FY 22/23 budget.

ATTACHMENTS:

1. Atlas Technical Consultants Contract Amendment #1

Page 241 ends

Item 14.

FIRST AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF COACHELLA

AND ATLAS TECHNICAL CONSULTANTS LLC
Project ST-130
THIS FIRST AMENDMENT ("Amendment") is made and entered into as of September 14, 2022 by and between the City of Coachella ("City") and Atlas Technical Consultants LLC (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Recitals. This Amendment is made with the respect to the following facts and purposes:
a. On or about January 26, 2022, the City and Consultant entered into that certain agreement entitled "City of Coachella Professional Services Agreement" between the City and Consultant in the amount of $15,000.00 for project ST-130. b. The parties now desire to amend the Agreement as set forth in this Amendment.

2. Amendment. Section 3.3.1, Compensation, of the Agreement is hereby amended in it’s entirely to read as follows:
"3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement as set forth in Exhibit "A" at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed $15,000 plus approved construction contingencies without written approval of the City’s representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."

3. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

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Item 14.

5. Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS THEREOF, the parties have executed this Amendment as of the day and year first set forth above, which date shall be considered by the parties to be the effective date of this Amendment.

CITY OF COACHELLA ATLAS TECHNICAL CONSULTANTS LLC
By:____________________________ By:_________________________ Gabriel Martin Ron Badour
City Manager Director of CMT & Field Services
APPROVED AS TO FORM:

By: ____________________________________________________________ Carlos Campos
City Attorney
Attest: ___________________________________
Andrea Carranza
Deputy City Clerk

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Item 14.

SCHEDULE OF FEES
California Prevailing Wage
Effective February 1, 2021
Revised February 1, 2021

PROFESSIONAL SERVICES
Professional (Engineering, Geology, Environment, Envelope Services) Director/Principal Professional ................................................................................................................................. $190 Senior Professional....................................................................................................................................................165 Project Professional ...................................................................................................................................................145 Staff Professional.......................................................................................................................................................120 Drafter Level II..............................................................................................................................................................95 Drafter Level I...............................................................................................................................................................85 Project Management
Senior Project Manager ...........................................................................................................................................$160 Project Manager.........................................................................................................................................................135 Administrative Assistant ...............................................................................................................................................67 Field Services (Geotechnical, Special Inspection)
Field Supervisor ......................................................................................................................................................$118 LA Certified Grading Inspector ..................................................................................................................................123 Off Site Inspector .........................................................................................................................................................91 Laboratory Technician..................................................................................................................................................74 Group 1 (Field Soils, Material Tester) ........................................................................................................................108 Group 2 (Special Inspection)......................................................................................................................................113 Group 3 (NDT Testing)...............................................................................................................................................117 Coring ........................................................................................................................................................................166 Field Services (SUE Level B Utility Evaluations and Rebar Locating) Line Tracer, Ground Penetrating Radar, Electromagnetics, Magnetics Full Day ..........................................................................................................................................................$1,950 Hourly Rate (A Mob/Demob charge of $250 applies to projects billed on hourly rates).......................................215 Letter Report........................................................................................................................................................300 Map (per day of field work) ..................................................................................................................................350 Field Services (Geophysical Data Acquisition)
UST, Landfill, Oil Well, Void, Pile Integrity Testing
Full Day .........................................................................................................................................................$2,400 Hourly Rate (A Mob/Demob charge of $335 applies to projects billed on hourly rates).......................................270 Field Services (Advanced Geophysical Studies)
Seismic, Sting ERT, Resistivity, Groundwater, UXO/MEC
Full Day .........................................................................................................................................................$3,000 Hourly Rate (A Mob/Demob charge of $550 applies to projects billed on hourly rates).......................................325 Field Services (Seismic ReMi)
One Line.........................................................................................................................................................$1,500 Each Additional Line............................................................................................................................................300 For Pavement/Requires Drilling...........................................................................................................................300 Field Services (Vibration Monitoring)
Mobilization ....................................................................................................................................................$1,000 Equipment (Daily) ...............................................................................................................................................200 Daily Analysis & Reporting (Daily) ........................................................................................................................75 Final Report Preparation ....................................................................................................................................750 Manned Vibration Monitoring...........................................................................................................................Quote Field Services (Building Envelope)
Field Tech Level II....................................................................................................................................................$125 Field Tech Level I.......................................................................................................................................................115 Electronic Leak Detection (hourly, 4 hour minimum)..................................................................................................250 Fenestration Testing (ASTM E1105/E783) – Hourly Rate (2 technicians) ................................................................. 400 Fenestration Testing (AAMA 501.2) – Hourly Rate (2 technicians)............................................................................225 Drainage Efficiency of Exterior Insulation and Finish Systems (EIFS) Clad Wall Assemblies (ASTM E2273) .......1,500

Page 244 ends

Item 14.

ATLAS SCHEDULE OF FEES Page 2 of 4
Revised February 1, 2021
Travel and Miscellaneous
Pick Up ..............................................................................................................................................................$55/hour Travel Time ................................... Hourly Rate (or $125/hour beyond 1 hour from San Diego for Geophysical Crews) Overtime and Saturday Rate ..................................................................................................1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) .........2 x Regular Hourly Rate Rush Surcharge .......................................................................................................................... Normal Rate plus 50% Per Diem (variable, depending on location) .......................................................................................................... Quote Prevailing Wage Hourly Surcharge for Technicians and Inspectors per California Labor Code §720, et. Seq .... Quote Specialty Equipment Surcharge ........................................................................................................................... Quote

LABORATORY TESTS
Soil and Aggregate
California Bearing Ratio (ASTM D854) ...................................................................................................................$418 California Impact (Cal 216) ........................................................................................................................................206 Clay Lumps in Aggregate (ASTM C142)....................................................................................................................150 Cleanness Value (Cal 227) ........................................................................................................................................200 Consolidation (ASTM D2435) ....................................................................................................................................200 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity)...................................................................187 Crushed Particles (Cal 205, ASTM D693)..................................................................................................................150 Direct Shear (ASTM D3080) ......................................................................................................................................260 Durability Factor (Cal 229, ASTM D3744)....................................................................................................................97 Durability Index (Cal 229, ASTM D3744) ...................................................................................................................224 Expansion Index (ASTM D4289)................................................................................................................................177 Fine Aggregate Angularity (AASHTO T304) ..............................................................................................................200 Fineness Modulus (ASTM C136) .................................................................................................................................24 Flat & Elongated Pieces (ASTM D4791)....................................................................................................................175 Light Weight Pieces (ASTM C123).............................................................................................................................175 Liquid Limit (Cal 204, ASTM D4318)............................................................................................................................75 Los Angeles Abrasion - 1 ½ inch and smaller (Cal 211, ASTM C131).......................................................................224 Maximum Density Check Point (ASTM D698/D1557)..................................................................................................88 Maximum Density/Optimum Moisture – 4 inch (ASTM D698, D1557)........................................................................200 Maximum Density/Optimum Moisture – 6 inch (ASTM D698, D1557)........................................................................220 Minimum Density (ASTM D1556).................................................................................................................................74 Moisture Content (Cal 226, ASTM C566, ASTM D2216) .............................................................................................35 Natural Density Chunk Sample (ASTM D2937) ...........................................................................................................45 Natural Moisture/Density Ring or Core Sample (ASTM D2937)...................................................................................40 Organic Impurities (Cal 213, ASTM C40).....................................................................................................................90 Organic Matter (ASTM D2974).....................................................................................................................................75 Percent Finer than #200 (ASTM C117, ASTM D1140) ................................................................................................70 Permeability Remold Sample (ASTM D2434) ............................................................................................................200 Permeability Remold Sample (ASTM D5084) ........................................................................................................Quote Permeability Undisturbed Sample (ASTM D5084) .................................................................................................Quote Petrographic Analysis (Cal 215, ASTM C295) .......................................................................................................Quote pH & Resistivity (Cal 643, ASTM G51).......................................................................................................................126 Plasticity Index (Cal 204, ASTM 4318).......................................................................................................................127 Potential Reactivity (ASTM C289)..............................................................................................................................220 Residual Shear (ASTM D6467)..................................................................................................................................442 Rock Correction (ASTM D4718)...................................................................................................................................26 R-Value (Cal 301, ASTM D2844)...............................................................................................................................276 Sandcastle Test (USACE)..........................................................................................................................................195 Sand Equivalent (Cal 217, ASTM D2419)....................................................................................................................88 Sieve Analysis (ASTM C136, ASTM D6913, Cal 202) ...............................................................................................110 Sieve Analysis with Hydrometer (Cal 203, ASTM D422)............................................................................................200 Soil Cement Compression Strength (Cal 312, ASTM D1633)......................................................................................50 Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632)........................................................................................100 Soluble Chlorides (Cal 422) .........................................................................................................................................62 Soluble Sulfate (Cal 417) .............................................................................................................................................62 Soundness 5 Cycles (Cal 214, ASTM C88) ...............................................................................................................375 Specific Gravity Coarse Aggregate (Cal 206, ASTM C127).......................................................................................115 Specific Gravity Fine Aggregate (Cal 207, ASTM C128)............................................................................................115 Triaxial Shear Consolidated - Undrained (ASTM D4767).......................................................................................Quote Triaxial Shear Unconsolidated - Undrained (ASTM D2850)...................................................................................Quote Triaxial Staged Consolidated - Undrained (ASTM D4767).....................................................................................Quote Triaxial Staged Unconsolidated - Undrained (ASTM D2850) .................................................................................Quote Unconfined Compression (ASTM D2166)..................................................................................................................162 Unit Weight Aggregate (Cal 212, ASTM C29)..............................................................................................................80

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Item 14.

ATLAS SCHEDULE OF FEES Page 3 of 4
Revised February 1, 2021
Asphalt Concrete
Asphalt Core Specific Gravity (Cal 308, ASTM D2726) .............................................................................................$68 Asphalt Core Specific Gravity Waxed (Cal 308, ASTM D1188) ...................................................................................84 Emulsion Content (CTM 382).....................................................................................................................................178 Film Stripping (Cal 302) .........................................................................................................................................Quote Gyratory Compacted Maximum Specific Gravity (AASHTO T312).............................................................................350 Hamburg Wheel Plant Produced HMA (AASHTO T324/Caltrans Section 39) ...........................................................900 Hveem Maximum Bulk Specific Gravity (Cal 308)......................................................................................................300 Hveem & Stabilometer Value (Cal 366) ...................................................................................................................$400 Ignition Oven Correction Factor (AASHTO T308) ......................................................................................................250 Ignition Oven Degradation Factor (AASHTO T308) ...................................................................................................250 Marshall Density Stability & Flow (ASTM D6927) ......................................................................................................400 Marshall Density (ASTM D6926)................................................................................................................................300 Moisture Content of Asphalt Mixtures Using Microwave (Cal 370)...............................................................................50 Moisture Vapor Susceptibility (Cal 307) .................................................................................................................Quote Optimum Bitumen Content (AASHTO R35/Cal 367) ..............................................................................................3,100 Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307) ..................................................................................180 Residue by Evaporation (Cal 331) .............................................................................................................................178 Rice Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D2041)..................................................................133 Sieve Analysis Extracted Aggregate (Cal 382, ASTM D5444).....................................................................................90 Stability and Flow (ASTM D1559) ..............................................................................................................................350 Stabilometer Value (Cal 366) .....................................................................................................................................350 RAP Testing Fractionated (ASTM D2172, AASHTO T308, Caltrans Section 39) ..................................................Quote RAP Testing Not Fractionated (ASTM D2172, AASHTO T308, Caltrans Section 39) .......................................... Quote Tensile Strength Ratio Plant Produced HMA (AASHTO T283)..................................................................................900 Wet Track Abrasion (ASTM D3910)...........................................................................................................................185 Concrete
2X2 Cube Compression ............................................................................................................................................$27 Chloride Ion Testing (ASTM C1218) ..........................................................................................................................220 Concrete Core Compression (ASTM C42)...................................................................................................................59 Concrete Cylinder Compression (Cal 521, ASTM C39) ...............................................................................................27 Flex Beam Modulus of Rupture (Cal 523, ASTM C78).................................................................................................74 Modulus of Elasticity (Cal 522, ASTM C469) .............................................................................................................261 Shotcrete Mockup Panel (ASTM C1140) ...............................................................................................................1,040 Shotcrete Panel, 3 Cores Compression (CBC)..........................................................................................................290 Shrinkage Hardened Concrete (ASTM C157 Modified) .............................................................................................371 Split Tensile Concrete Cylinder (ASTM C496) .............................................................................................................74 Time of Set (ASTM C403)..........................................................................................................................................200 Trial Batch Fabrication (ASTM C192) ........................................................................................................................298 Unit Weight Hardened Concrete (ASTM C642)............................................................................................................55 Unit Weight Lightweight Concrete (ASTM C567) .........................................................................................................69 Masonry
Absorption Block (ASTM C140) ..............................................................................................................................$115 Compression Adobe...................................................................................................................................................155 Compression Block Standard (ASTM C140)..............................................................................................................150 Compression Brick (ASTM C67) ................................................................................................................................115 Efflorescence Block....................................................................................................................................................175 Efflorescence Brick (ASTM C67)................................................................................................................................175 Grout Prism Compression (ASTM C1019)...................................................................................................................27 Masonry Core Compression (ASTM C42)....................................................................................................................51 Masonry Core Shear (CBC 2105A.4)...........................................................................................................................95 Masonry Prism Compression (ASTM E447) ..............................................................................................................150 Mortar Bond Strength Pull Test (ASTM C482).............................................................................................................62 Mortar Cylinder Compression.......................................................................................................................................27 Mortar Shear Strength (ANSI 118).............................................................................................................................100 Relative Mortar Strength (Cal 515) ............................................................................................................................850 Shrinkage Masonry Block (ASTM C426)....................................................................................................................250 Trial Grout Prisms (ASTM C942) .................................................................................................................................38 Water Retention and Air Content (ASTM C270).........................................................................................................550

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Item 14.

ATLAS SCHEDULE OF FEES Page 4 of 4
Revised February 1, 2021
Metal
Bolt Assembly Hardness Test ...................................................................................................................................$74 Bolt Assembly Tensile & Proof Load Test ..................................................................................................................125 Modulus of Elasticity (Steel).......................................................................................................................................146 Post-Tension Tendon Tensile Testing........................................................................................................................185 Tensile Strength & Bend Test Structural Steel (ASTM A370) ....................................................................................180 Tensile Strength & Bend Test Reinforcing Steel (ASTM A615/A706) ........................................................................125 Tensile Strength #14 - #18 Bar (ASTM A615)........................................................................................................Quote Tensile Strength Mechanical Splices #9 and Smaller (Cal 670).............................................................................Quote Tensile Strength Mechanical Splices #10 to #14 (Cal 670)....................................................................................Quote Tensile Strength Mechanical Splices #18 (Cal 670) ............................................................................................. Quote Miscellaneous
Fire Proofing Density Test (ASTM E605) ..................................................................................................................$69 Fiber Reinforced Polymer Tensile (ASTM D3039) .....................................................................................................520 Material Preparation ....................................................................................................................................................70 Relative Humidity Test (ASTM F2170) .................................................................................................................. 80/kit Concrete Vapor Emission Kits (ASTM F1869) ...................................................................................................... 72/kit Miscellaneous Charges .......................................................................................................................................Various Default Expense ..................................................................................................................................................Various

TERMS AND CONDITIONS
Prevailing wage rates will increase consistent with general prevailing wage determinations made by the California Department of Industrial Relations.

All field services will be charged portal to portal with the following minimum charges:

1. The client will be invoiced only for the hours actually worked in 4- and 8-hour increments.

2. A 2-hour show-up charge will be applied to any service canceled the same day of service.

3. Work in excess of 8 hours up to 12 hours in a single day will be charged in 1-hour increments at 1.5 times the standard rate.

4. Work in excess of 12 hours in a single day will be charged in 1-hour increments at 2 times the standard rate.

Work performed by field or laboratory personnel outside of normal business hours (6:30 a.m. to 5:00 p.m.) will be charged a premium on a case-by-case basis. Work performed for Geophysical Studies outside of a standard work week will be charged an additional 30%.

Fees for specialty geophysical services such as seismic reflection, crosshole, gravity, pile integrity testing, vibration monitoring, magnetotellurics, UXO, MEC, etc. will based on a per project basis. Utility focused projects requiring specialized training such as MSHA (mines) or RSO (refineries) will be billed at a General Geophysical rate.

Other Direct Charges: Our company reserves the right to charge for services outside of the contract in the form of reimbursables, including but not limited to, the following: diamond coring bits, fuel, patching materials, mileage, travel time, equipment rental and administrative time.

Mileage will be charged at the standard federal rate per mile for distances over 50 miles from the location of dispatch.

Per Diem charges will be applied to projects outside a 50-mile radius of our office.

Subcontracted services will be charged at cost plus 20 percent.

Invoices will be submitted monthly. These invoices are due in full upon presentation to the client. Invoices outstanding over 30 days will be considered past due. A finance charge computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, will be charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable attorney’s fees and other costs of collection.

Our services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended.

Page 247 ends

Item 14.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Authorization to file a Notice of Completion for City Project ST-123, Grapefruit Boulevard Urban Greening and Connectivity Project.

STAFF RECOMMENDATION:

Accept the City Project ST-123 Grapefruit Boulevard Urban Greening and Connectivity Project as complete and direct the City Clerk to file a Notice of Completion attached hereto with the County of Riverside.

BACKGROUND:

On November 2, 2018, the City of Coachella received a $3.19 million grant from the California Natural Resources Agency (CNRA) for the Grapefruit Blvd Urban Greening + Connectivity Project. The City’s grant was the largest distributed by the CNRA’s Urban Greening Program, its purpose is to enhance and create sustainable green spaces and reduce greenhouse gas emissions.

This project created a pleasant, safe, artful and walkable roadway in the Pueblo Viejo Downtown District. The route connected the key assets and activity centers in the community including the transportation center, schools, parks, library, post office, senior center, restaurants and more.

On November 18, 2020 City Council approved to authorize a reimbursement agreement by and between the City of Coachella and Coachella Valley Association of Governments for a total of $1,376,482 (75%) regional funds and $458,827 (25%) local funds toward the construction of transportation corridor elements for Grapefruit Blvd Urban Greening and Connectivity Project. On July 14, 2021 City Council approved to authorize Amendment No.1 to the Reimbursement agreement for a total of $77,338 (75%) regional funds and $25,780 (25%) local funds.

DISCUSSION/ANALYSIS:

The Grapefruit Boulevard Urban Greening and Connectivity Project widened Grapefruit Boulevard from Leoco Lane to 9th Street from 2 to 4 lanes, installed a traffic signal at 6th Street and included 23 ADA access ramp improvements. The project installed approximately 5,000 linear feet of sidewalk, 3,580 linear feet of bicycle pathways, and 14 safety street lights with four shaded pedestrian facility rest stops that include benches, drinking fountains, bike racks, and bike repair stations. In addition, over 1.25 miles of Bioswales for drainage were installed with 288 and 1,100 drought tolerant and carbon sequestrating trees and plants, respectively.

Page 248 ends

Item 15.

City Staff has inspected the Project and found the improvements to be in accordance with the plans, specifications, and applicable standards. Staff recommends the acceptance of this project and that the City Council authorizes the filing of a Notice of Completion. Upon acceptance by City Council, the Project will enter a one-year warranty period as prescribed by the project contract agreement.

FISCAL IMPACT:

APPROVED
FUNDING SOURCE:

CNRA CVAG IIG CITY
Fund 127 $484,607
Fund 129 $318,915
Fund 152 $3,189,152 $1,453,820 $250,000
Fund 178 $55,698
Total Appropriated Funds: $5,752,192
The Project was executed using CNRA, CVAG, and IIG grant funds and General City Funds 127, 129 and 178 with an appropriation total in an amount of $5,752,192 for all agreements and change orders. The total project was constructed under budget for a total amount of $5,475,695.

FINAL
FUNDING SOURCE:

CNRA CVAG IIG CITY
Fund 127 $373,709
Fund 129 $318,915
Fund 152 $3,189,152 $1,288,221 $250,000
Fund 178 $55,698
Total Expended Funds: $5,475,695
After consideration for CNRA, IIG and required matching funds, the reimbursable balance with CVAG is $1,717,628 with a 75% ($1,288,221) CVAG share and 25% ($429,407) City share. City share shall include $373,709 from Fund 127 and $55,698 from Fund 178. No fiscal impact to the 2022/23 CIP Budget.

ATTACHMENTS:

1. ST-123 Notice of Completion

Page 249 ends

Item 15.

To be recorded with County Recorder
within 10 days after completion and
Acceptance. No recording fee.

When Recorded, return to:

Andrea Carranza, Deputy City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236 (For Recorders Use)
Notice of Completion
(California Civil Code Section 3093 - Public Works)
Notice is hereby given by the undersigned owner, a political subdivision of the State of California that a public work improvement described as Grapefruit Boulevard Urban Greening and Connectivity Project, City Project ST-123 has been completed and was accepted by the undersigned awarding authority on the date hereof. Pedestrian and roadway improvements are located within City right-of-way on Grapefruit Blvd between Leoco Lane and 9th Street, located within the City of Coachella.

The contractor on such work was C.S. Legacy Construction, Inc. and the surety on his bond is Great American Insurance Company, 301 E Fourth Street, Cincinnati, OH 45202.

The real property upon which said work was performed is in the City of Coachella, County of Riverside, and State of California.

The nature of the interest of the owner is in fee.

Date: September 14, 2022 City of Coachella
(Date of Acceptance) (Name of Political Subdivision)
Owner Address:
53990 Enterprise Way
Coachella, CA 92236
By:________________________________
Steven A. Hernandez
Title: _________Mayor_________
State of California)
) ss
County of Riverside)
I hereby certify that I am the Deputy City Clerk of the governing board of the City of Coachella, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct.

Executed at Coachella , California on (Date)
(City Where Signed)
________________________________
Andrea Carranza, Deputy City Clerk, City of Coachella County Counsel Form 1 (Rev. 5-64)

Page 250 ends

Item 15.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, City Engineer
SUBJECT: Authorization to file a Notice of Completion for Street Pavement Rehabilitation Phase 17, City Project ST-105 (Las Plumas & Valencia Neighborhood Slurry and Striping Improvements)
STAFF RECOMMENDATION:

Accept the City Project No. ST-105 Street Pavement Rehabilitation Phase 17 (Las Plumas & Valencia Neighborhood Slurry and Striping Improvements) as complete, and direct the City Clerk to file a Notice of Completion attached hereto with the County of Riverside.

BACKGROUND:

On April 13, 2022, the City of Coachella acted to award a contract to Petrochem Materials Innovation, LLC (PMI) in the amount of $292,890.24 plus 20% contingency for the Street Pavement Rehabilitation Phase 17, City Project ST-105.

City Staff has, in order to maximize funds and be as efficient as possible, elected to “Piggy-Back” on the City of Los Angeles REAS Slurry Seal contract resulting in lower costs and streamlined operations. Additionally, the City elected to utilize and apply Rubber Emulsion Aggregate Slurry (REAS) rather than traditional Latex slurry for a longer lasting and more resilient product with a more streamlined application process, which minimized the impact on the local traffic and neighborhoods.

The Street Pavement Rehabilitation Phase 17 (Las Plumas & Valencia Neighborhood Slurry and Striping Improvements) improved the overall Pavement Management Index Rating of the local streets as well as provided rubberized crackfilling and a rubberized slurry seal coating to prevent and avoid road decay and increase the overall longevity of the existing asphalt.

DISCUSSION/ANALYSIS:

City Staff has inspected the Project and found the improvements to be in accordance with the project contract and applicable standards. Staff recommends the acceptance of this project and that the City Council authorizes the filing of a Notice of Completion. Upon acceptance by City Council, the Project will enter a one-year warranty period as prescribed by the project contract agreement.

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Item 16.

FISCAL IMPACT:

The Project was executed using Measure A (Fund 117) and SB1 (Fund 109) funds, with an original contract amount $292,890.24 plus 20% for contingencies. The project was constructed under budget for a total amount of $274,983.45.

ATTACHMENTS:

1. Notice of Completion

Page 252 ends

Item 16.

To be recorded with County Recorder
within 10 days after completion and
Acceptance. No recording fee.

When Recorded, return to:

Andrea Carranza, Deputy City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236 (For Recorders Use)
Notice of Completion
(California Civil Code Section 3093 - Public Works)
Notice is hereby given by the undersigned owner, a political subdivision of the State of California that a public work improvement described as Street Pavement Rehabilitation Phase 17, City Project ST-105 has been completed and was accepted by the undersigned awarding authority on the date hereof. The pavement rehabilitation improvements are located within City right-of-way on various areas located within the City of Coachella.

The contractor on such work was Petrochem Materials Innovation, LLC (PMI) and the surety on his bond is Liberty Mutual Insurance Company located at 790 The City Drive South, Suite 200 Orange, CA 92868.

The real property upon which said work was performed is in the City of Coachella, County of Riverside, and State of California.

The nature of the interest of the owner is in fee.

Date: September 14, 2022 City of Coachella
(Date of Acceptance) (Name of Political Subdivision)
Owner Address:
53990 Enterprise Way
Coachella, CA 92236
By: ________________________________
Steven A. Hernandez
Title: _________Mayor_________
State of California)
) ss
County of Riverside)
I hereby certify that I am the Deputy City Clerk of the governing board of the City of Coachella, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct.

Executed at Coachella , California on (Date)
(City Where Signed)
________________________________
Andrea Carranza, Deputy City Clerk, City of Coachella County Counsel Form 1 (Rev. 5-64)

Page 253 ends

Item 16.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Sponsorship of Run With Los Muertos Event:

1. Sponsorship request from Eventscape International, Inc. for $35,000.00 for the 2022 Run With Los Muertos Event; and

2. Approval for operation of a beer garden by Raices Culturas on November 5, 2022 in Downton Sixth Street from 3pm to midnight.

STAFF RECOMMENDATION:

Sponsorship of Run With Los Muertos Event:
1) Sponsorship request from Eventscape International, Inc. for $35,000.00 for the 2022 Run With Los Muertos Event,
2) Approval for operation of a beer garden by Raices Culturas on November 5, 2022 in Downton Sixth Street from 3pm to midnight.

EXECUTIVE SUMMARY:

On August 21, 2022, staff received the attached $35,000.00 sponsorship request by Eventscape International, Inc., (Eventscape) for the 2022 Run With Los Muertos Event. This year’s event has been submitted to occur on Saturday, November 5
th. Eventscape has identified the event will
include a beer garden, which is proposed to operate in Downtown Sixth Street from 3pm to midnight by Raices Culturas. This event has been a City co-sponsored event since 2013.

Annually, this event has been provided city in-kind services for traffic control, public safety and funded the actual costs of all traffic control and lighting rental expenses; these hard costs total $15,000-$18,000.

FISCAL IMPACT:

The requested actions is included in the current budget and will not have a fiscal impact.

Attachment: Sponsorship Request

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Item 17.

INVOICE
8/17/2022
RWLMCOC22
Bill To
City of Coachella
1515 6th Street
Coachella, CA 92236
Eventscape International, Inc
PO Box 7201
La Quinta, CA 92248
NOTE: TOTAL
Description Qty Rate Amount
Sponsorship for Run with Los Muertos 1 35,000.00 35,000.00 Run with Los Muertos will bring a 5k run, block party, art walk, car show, procession, and 3 stages of entertainment free to the public.

In addition to extensive promotion for the City on TV, radio, print, and social media platforms, the City will receive:

A tented display booth in most populous area
35 race entries
Individual social media posts across all RWLM platforms City name/logo listed on the following:
30-second promotional video, website, event T-shirt and event poster
Sales Tax 8.75% 0.00
$35,000.00

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Item 17.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award maintenance services agreement to US National Corp for Painting Maintenance Services for City Facilities Project No. 052522.

STAFF RECOMMENDATION:

Award a maintenance services agreement to US National Corp for Painting Maintenance Services for City Facilities Project No. 052522.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for Painting Maintenance Services for City Facilities. This RFP closed on June 15, 2022 and the City received two responses; from US National Corp and Ben Castillo Custom Painting Inc. Staff scored both proposals and met with both responders. Shortly after meeting with Ben Castillo Custom Painting Inc. this respondent advised that their cost submittal did not reflect prevailing wage prices; thus, this proposal was nonresponsive. Staff is recommending award to US National Corp as the only responsive bidder for Project No. 052522.

The proposed agreement, as identified in the RFP, will have a two-year term. The term for the proposed agreement is from September 15, 2022 – September 14, 2024. Staff recommends award of the RFP and corresponding maintenance agreement in an amount not to exceed $200,000 (twoyear term).

FISCAL IMPACT:

The recommended action will not have a fiscal impact.

Attachments:

Proposed Agreement

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CITY OF COACHELLA
MAINTENANCE SERVICES AGREEMENT – PROJECT NO. 052522

1. PARTIES AND DATE.

This Agreement is made and entered into this 14th day of September, 2022, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236 ("City") and US National Corp, a corporation, with its principal place of business at 10205 San Fernando Road, Pacoima, California 91331 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing painting maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

City desires to engage Contractor to render such services for the Painting Maintenance Services for City Facilities Project No. 052522 (“Project”) as set forth in this Agreement.

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3. TERMS.

3.1 Scope of Services and Term.

3.1.1 Incorporation of Documents. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Contractor’s Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Addenda
Response to Request for Proposal
Any other documents contained in or incorporated into the Contract

3.1.2 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.3 Term. The term of this Agreement shall be from September 15, 2022 to September 14, 2024 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement by one additional one-year term.

3.2 Responsibilities of Contractor.

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3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.

Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall

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be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Fred Jimenez.

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Contractor’s Representative. Contractor hereby designates Fred Jimenez, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that

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all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8.1 Period of Performance and Liquidated Damages.

Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Contractor (“Performance Milestones”). Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of two hundred dollars ($200.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement.

3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any

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manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability:

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Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall
maintain limits no less than: (1) General Liability: $1,000,000; per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the

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ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.10.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.10.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City.

Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall

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procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.10.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.8 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subContractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

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3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed two hundred thousand dollars and zero cents ($200,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor 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 1600, et seq., (“Prevailing Wage Laws”), which require, if applicable, the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If applicable the Services are being performed as part of an applicable “public works” or “maintenance” project, as

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defined by the Prevailing Wage Laws, and if applicable the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

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3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

US National Corp
10205 San Fernando Road
Pacoima, California 91331
Attn: Mary Martinez
City:

City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property.

This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.6 Indemnification. Contractor shall defend, 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior

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negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

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

3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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3.5.14 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, 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.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin,

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17 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
handicap, ancestry, sex or age. 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. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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Item 18.
18 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007

CITY OF COACHELLA US NATIONAL CORP
By: By:

Dr. Gabriel D. Martin Fred Jimenez
City Manager President
Attest: Attest:

City Clerk
Approved as to form:
_________________________
Best, Best & Krieger

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A-1
ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
EXHIBIT “A”

SCOPE OF SERVICES

OVERVIEW
The Building Maintenance and Park Maintenance Divisions of the Public Works Department are responsible for maintaining a portfolio of approximately 10 buildings, including offices, a fire station, community centers, park restrooms and equipment shops, that house various City activities.

The Company shall provide painting services at various locations as identified by the City.

Services consists of providing all labor, materials, equipment, and supervision for the painting and finishing of new and existing interior and exterior surfaces, i.e., walls, doors, jambs, window frames, and other work as directed by the Project Manager. Work areas may be occupied and require moving and repositioning of office equipment and furniture.

The City reserves the right to prepare an individual Scope of Work and require a proposal with complete breakdown of material, equipment, and labor cost for each project consistent with the prices established per COST PROPOSAL above. The City reserves the right to furnish any and all equipment and/or supplies for projects. The City may solicit a quote for Services from one or more companies prior to assigning an individual project.

FIELD QUALITY CONTROL / STANDARD OF ACCEPTANCE
Painted surfaces shall be considered to lack uniformity and soundness if any of the following defects are apparent:
a) Brush/roller marks, streaks, laps, runs, sags, drips, heavy stippling, hiding, or shadowing by inefficient application methods, skipped or missed areas, and foreign materials in paint coatings.
b) Evidence of poor coverage at plate edges, lap joints, crevices, pockets, corners and reentrant angles. c) Damage due to touching before paint is sufficiently dry or any other cause. d) Damage and/or contamination of paint due to blown contaminants (dust, spray paint,etc.) Painted surfaces shall be considered unacceptable if any of the following are evident under final lighting source (including daylight) for interior surfaces:
a) Visible defects are evident on vertical or horizontal surfaces when viewed at normal viewing angles from a distance of not less than 10000 mm(39”). b) Visible defects are evident on ceiling, soffit, and other overhead surfaces when viewed at normal viewing angles.
c) When the final coat on any surface exhibits a lack of uniformity of color, sheen, texture, and hiding across full surface area.

Painted surfaces rejected by the Project Manager shall be corrected at the expense of the Company. Small affected areas may be touched up. Large affected areas or areas without sufficient dry film thickness of paint shall be repainted. Runs, sags, or damaged paints shall be removed by scraper or by sanding prior to application of paint.

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PREPARATION AND CLEANING
Perform preparation and cleaning procedures in strict accordance with coating manufacturer’s instruction. Use applicators and techniques best suited for the material and surfaces to be applied. Apply paint only to dry, clean, and adequately prepared surfaces in areas where dust is no longer generated by activities such that airborne particles will not affect the quality of finished surfaces. Apply additional coats when undercoats or conditions show through final paint coat, until paint film is of uniform finish, color and appearance. Work must be evenly uniform in sheen, color and texture; free from brush marks, sags, crawls, runs, or other defects detrimental to appearance or performance. Paint surfaces behind movable equipment and furniture same as adjacent similar exposed surfaces unless otherwise directed by the Project Manager. Apply each material at no less than the manufacturer’s recommended spreading rate.

SUBMITTALS
If requested by Project Manager, submit samples for City’s approval of color and sheen.

Samples shall be 12” X 12” on properly prepared print out cards or hardboard. Material Safety Data Sheets for each product used shall be maintained on the site as well as one copy furnished to the City.

STANDARD PROVISIONS

CHANGE ORDERS
Alterations or modifications to the work performed under a task order under the contract shall be made only by written Change Order between the company and the City Point of Contact prior to commencement of the altered or modified work. No claims for any extra work or materials will be allowed unless covered by written Change Order.

CLEAN UP
All clean up shall comply with all applicable Federal, State, and local laws and regulations.

Company shall remove paint where spilled, splashed, splattered or sprayed as work progresses using means and materials that are not detrimental to affected surfaces.

Company shall, at all times, keep the site free from accumulation of waste materials, debris, or rubbish caused by his or her employees at work. Company shall remove from the site all tools, surplus materials, debris, or rubbish and shall leave the site and the work in a neat and orderly fashion at the completion of the work. Clean equipment and dispose of wash water/solvents as well as other cleaning and protective materials (e.g., rags, drop cloths, masking papers, etc.), paints, thinners, paint removers/strippers, etc., as directed by Project Manager. Whenever possible, clean up shall be conducted with water or water-based agents.

Companies may not utilize on-site office trash cans. Arrangements may be made in advance with the Project Manager for the use of City owned or leased waste containers for disposal of the above. Only fully dry paint residues may be disposed of in City containers. Opened cans of partially used paint may not be disposed of in City containers under any circumstances.

EMERGENCY CONTACT
Company personnel shall be reachable cell phone in urgent or emergency situations. The

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Company shall provide at least two (2) local telephone numbers that may be used to contact the Company or his authorized representative in the event of an urgent or emergency situation after normal business hours.

EQUIPMENT
The Company shall have in its possession, or available, sufficient equipment, hand tools, materials, and supplies necessary to perform the work as outlined in this Scope of Services.

HAZARDOUS MATERIALS
If the Company encounters any materials considered or suspected of being hazardous, he shall immediately secure the area and contact the Charlotte-Mecklenburg Hazardous Materials Coordinator, telephone 704-336-2461 for further instructions.

MATERIALS AND EQUIPMENT STORAGE
The Company shall be responsible for locating and providing storage areas for construction materials and equipment. The material and equipment storage shall comply with all local and state ordinances throughout the contract period. The Company shall restore the storage area to its original condition upon completion of the Project or upon such time as directed by the City. Such restoration shall be at no additional cost to the City.

The Company shall be responsible for the safeguarding of materials and equipment against fire, theft and vandalism and shall not hold the City responsible in any way for the occurrences of same. The Company shall furnish and erect, at no additional cost, whatever works may be necessary for the protection of the public, including but not limited to barricades, fences, etc.

Prior to final payment being made, the Company shall obtain a release from the property owner of the storage area utilized for the Project.

PROJECT LOCATION INSPECTIONS
All trades shall be performed by skilled craftsmen. Satisfactory work and housekeeping will be maintained by the Company at all times. The worksite conditions, progress of work, and quality of work at each Project location may be inspected by the City on a continual basis. Any condition or situation deemed by the City to be unsatisfactory shall be remedied as soon as logistically possible and no later than within 24 hours. During its inspection, the City may note whether each Project location is satisfactory or unsatisfactory.

PROTECTION OF PROPERTY
Company shall protect all surrounding furniture, surfaces (including glass, aluminum, wood, labels, signage, etc.), mechanical, electrical, computer hardware and other sensitive components from sanding dust, paint splatter, spills and/or overspray. Use sufficient drop cloths and coverings for the protection of floors, furnishings and adjacent surfaces. Company shall be responsible for providing and placement of barricades, drop cloths, tarps, plastic, flag tape and any other safety equipment required to protect the public and employees in the work area. Company shall be responsible for the security of its equipment and materials.

SAFETY
Provide a safe work environment in accordance with all local, state, Federal, and applicable OSHA regulations. Employees must wear OSHA required safety equipment while working.

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STAFFING REQUIREMENTS AND IDENTIFICATION OF COMPANY PERSONNEL The Company shall provide a sufficient work force and supervisory personnel to perform the specified services and to meet the requirements of the City. The City has the right to require any additional personnel that the City deems necessary to complete the Project. The City also has the right to require removal and replacement of any personnel deemed unsatisfactory by the City.

Personnel shall maintain a neat and clean appearance, with identification clearly identifying the person and the name of their company. Shirts must be worn at all times, with shirt tails tucked in. Tank tops are not permitted. All personnel must wear high visibility safety vests that meet ANSI standards while working in vehicular traffic areas.

SUBCONTRACTS
No portion of this contract shall be subcontracted without prior written consent of the City. The City shall retain the right of approval of all subcontractors.

SUPERVISION
One competent English speaking individual shall be available on-site at all times to supervise the work. This individual shall be a full time employee of the Company and shall be experienced in the type of work being performed. Additionally, the individual shall be fully capable of managing, directing, and coordinating the work; reading and thoroughly understanding the Contract; and receiving and carrying out directions from the City. This individual shall be reachable via cell phone during normal business hours (Monday – Friday, 8:00 AM to 5:00 PM).

WARRANTY OF MATERIALS AND WORKMANSHIP
All materials and equipment provided shall be listed and labeled for the purpose intended and must be in good working order. All work provided shall have, as a minimum, a one (1) year warranty from the date of final acceptance against any latent defects, materials, workmanship, and installation. All materials used shall be new and work must be performed by skilled tradesperson(s).

WORKING HOURS
Routine operations shall generally be performed between the hours of 8:00 AM to 5:00 PM,.

Emergency or non-routine work shall be performed as necessary with prior approval from the City.

CONTRACTOR’S LICENSE REQUIREMENTS
 City of Coachella Business license (current)
 C-33 Painting Contractors License (current and active)

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ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
EXHIBIT “B”

SCHEDULE OF SERVICES
Services to be performed on an as needed on-call basis within the scope of services established in Exhibit “A”

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EXHIBIT “C”

COMPENSATION
 Total not-to-exceed for Two Year Term
o $200,000
 Any additional work requested will be as provided by the Contractor in the response to the RFP for Project 052522

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Item 18.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Standard Irrigation Installation Agreement for DR Horton Tract 32074 for Irrigation Lateral Relocation.

STAFF RECOMMENDATION:

That the City Council approve the City Manager to execute the Standard Irrigation Installation Agreement upon receipt and review of the exhibits.

BACKGROUND:

The Coachella Valley Water District (CVWD) has requested that DR Horton relocate the existing United States Bureau of Reclamation irrigation line at Tract 32074 Mariposa Pointe project. The construction of the Tract’s street, offsite improvements and the occupancy of several homes are closely dependent on the construction of the new line and the abandonment of the old one. CVWD would not allow the developer to start constructing the new line until the City participated in the execution of the aforementioned agreement due to an encroachment of a small portion of City’s public right-of-way.

The irrigation system is comprised of the Coachella Branch of the All-American Canal, Flood Protection Dikes & Channels and irrigation distribution piping system, which supply Colorado River water to irrigation customers. The United States Bureau of Reclamation owns the Coachella Canal, Protective Works, and Irrigation Distribution System. CVWD operates and maintains the Coachella Canal, Protective Works, and Irrigation Distribution System.

Developer will comply with CVWD’s rules, regulations, ordinances and procedures regarding the design, installation and construction of the facilities. The Agreement provides that Developer is required to install approximately 1,330 linear feet of 12-inch (12”) C900 PVC and 1,360 linear feet of 24-inch (24”) C905 PVC pipelines along Calhoun Street to Avenue 50.

DISCUSSION/ANALYSIS:

By executing the agreement, the City is required and agrees to the following:
a) An accommodation for the Project that the USBR Easement and the irrigation relocations confer prior and senior rights to the USBR and CVWD.

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b) That CVWD and USBR have the right to use the USBR relocation for all purposes for which the USBR Easement were acquired without the need for any further permits or permissions from the City. CVWD shall give reasonable notice to the City before performing any work within the traveled roadway or improved shoulder of Calhoun Street or Avenue 50 or if traffic will be obstructed. In all cases, CVWD shall perform its work in a manner that will afford security for life and property, and CVWD shall restore any affected street as near as may be to its former state or so as not to have impaired unnecessarily its usefulness.
c) In the event of a future use of Calhoun Street or Avenue 50 that would necessitate a rearrangement, relocation, reconstruction, or removal of CVWD or USBR Easement and/or USBR relocation, City shall notify CVWD in writing of such necessity as soon as possible. The City agrees to reimburse CVWD on demand of any costs incurred in complying with such notice including any costs associated with easement acquisitions. City shall enter into a relocation agreement on the same terms and conditions as set forth herein.

This Agreement shall not in any way alter, modify, or terminate any provisions of the USBR/CVWD Easement.

FISCAL IMPACT:

There will be no impact to the General fund.

EXHIBIT(S):
1) Standard Irrigation System Installation Agreement

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No Recording Fees
Required Per
Government Code
Section 27383

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
______________________________________________________________________ (Space above this line is for Recorder's Use)
APN: see attached FILE: 0655.

TRA: 0322.12
0001.3

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT
THIS STANDARD IRRIGATION SYSTEM INSTALLATION AGREEMENT (“Agreement”) is made on this day of , 20 (“Effective Date”) by and between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California (“CVWD”), the CITY OF COACHELLA, a California Public Corporation, also known as CITY OF COACHELLA, a California Municipal Corporation (“City”), and DR HORTON LOS ANGELES HOLDING COMPANY, INC., a California corporation (“Developer”).

CVWD, City, and Developer are collectively referred to herein as “Parties” and singularly as “Party.”

RECITALS
A. Developer is the owner of certain real property located in the County of Riverside, California and legally described on Exhibit “A” and depicted on Exhibit “B” attached hereto and by this reference incorporated herein (“Developer Property”).

B. City is the owner of certain real property located in the County of Riverside, California and legally described on Exhibit “C” and depicted on Exhibit “D” attached hereto and by this reference incorporated herein (“City Property”).

C. Developer is developing a TRACT 32074 on the Developer Property (“Project”) of approximately one hundred fifty five (155) units (“Units”). The Developer Property consists of approximately forty (40) acres.

D. The irrigation system (“Irrigation System”) is comprised of the Coachella Branch of the All-American Canal (“Coachella Canal”), Flood Protection Dikes & Channels (“Protective Works”) and irrigation distribution piping system (“Irrigation Distribution System”) which supply Colorado River water to irrigation customers. The United States Bureau of Reclamation (“USBR”) owns the Coachella Canal, Protective

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Works, and Irrigation Distribution System. CVWD operates and maintains the Coachella Canal, Protective Works, and Irrigation Distribution System.

E. Not Used.

F. Not Used.

G. Not Used.

H. Not Used.

I. Portions of the Irrigation System are adversely impacted by the Project.

Developer and City desire to abandon and relocate portions of the Irrigation System in accordance with the terms and conditions set forth herein. The term “relocate” shall mean the removal of the applicable portions of the Irrigation System and the construction of new portions of the same within new easements of fee owned land and public right-of-way.

The construction of the new portions of the Irrigation System shall take place before the removal and abandonment of the applicable portions of the Irrigation System.

J. The USBR has pre-existing irrigation pipeline easement (USBR Easement) and pre-existing pipeline facilities located within the Developer and City Property as well as existing street right-of-way easement. The locations of the existing USBR Easement is described on Exhibit “E” and depicted on Exhibit “F”, attached hereto.

K. City and Developer acknowledges that the USBR acquired the USBR Easement prior to the City obtaining Calhoun Street and Avenue 50 and the Developer and City Property.

NOW THEREFORE, THE RECITALS SET FORTH ABOVE ARE PART OF THIS

AGREEMENT BELOW AND ARE INCORPORATED HEREIN, AND THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Developer General Responsibilities. In accordance with the schedule and sequence requirements set forth herein, including, but not limited to, Appendix “A,” attached hereto and incorporated herein (“Schedule”), Developer shall fulfill all of the following obligations, at its sole expense, to CVWD’s sole satisfaction prior to construction of the Project.
(a) Developer will comply with CVWD’s rules, regulations, ordinances and procedures regarding the design, installation and construction of the facilities contemplated herein, as may be amended by CVWD and the CVWD board of directors (“Board”) from time to time, including but not limited to the Development Design Manual (collectively, “Rules”). The Rules are incorporated herein by this reference.

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(b) (i) Developer shall, at Developer’s sole expense, be responsible for compliance with the laws of the State of California and the United States, including, but not limited to, applicable state and federal environmental laws, such as the Federal Clean Water Act (“CWA”), California Environmental Quality Act (“CEQA”), the National Environmental Policy Act (“NEPA”), California Public Resources Code section 21000 et seq., and the Federal Endangered Species Act and the California Endangered Species Act, (collectively “Environmental Laws”) applicable to the design and construction of the Irrigation System. Developer shall be solely responsible for compliance with any conditions and mitigation measures required as a part of the compliance with the Environmental Laws. Developer shall ensure that a public agency of the State of California acceptable to CVWD acts as lead agency for the purposes of complying with CEQA, or CVWD may elect, but shall have no obligation, to act as lead agency for the purposes of this Agreement. As part of its obligation to comply with CEQA and applicable Environmental Laws, Developer shall prepare or cause to be prepared, at its sole cost, all instruments, documents, reports and other like or kind writings required to be prepared and/or filed by CEQA and applicable Environmental Laws.
(ii) Developer shall, upon request by and at no cost to CVWD, provide CVWD with such information as Developer possesses or has available to it from any consultants, engineers, contractors or other persons engaged by or under the control of Developer relating to the environmental assessment for the Irrigation System and the improvements contemplated in this Agreement. Notwithstanding the preceding or anything to the contrary herein, nothing set forth herein shall be deemed to require CVWD to participate in any legal action related to the Irrigation System. (c) (i) Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the improvements.

Developer hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
(ii) Developer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the construction of the improvements, including, without limitation, CVWD Ordinance No. 1234; Riverside County Ordinance 458; all applicable provisions of the local ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California Regional Water Quality Control Board, Colorado Region, Order No. R7-2013-0011 (NPDES Permit No. CAS617002) and State Water Resources Control

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Board (“State Board”) Order No. 2010-0014-DWQ, Order No. 2009-0009- DWQ, and Order No. 2012-0006-DWQ (“Construction General Permit”), and any amendment or renewal thereof.
(iii) Not Used.
(iv) Developer shall be required to comply with all aspects of the Construction General Permit, including any amendment or renewal thereof, for any project that involves construction on or disturbance of one acre or more of land or which are part of a larger common area of development or sale that disturbs one acre or more.
(v) Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Developer agrees to indemnify and hold harmless CVWD, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which CVWD, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the improvements, except for liability resulting from the sole established negligence, willful misconduct or active negligence of CVWD, its officials, officers, agents, employees or authorized volunteers.
(vi) CVWD reserves the right to defend any enforcement action or civil action brought against CVWD for Developer’s failure to comply with any applicable water quality law, regulation, or policy. Developer hereby agrees to be bound by, and to reimburse CVWD for the costs associated with, any settlement reached between CVWD and any relevant enforcement entity. (d) (i) Developer shall employ, at its sole expense, a qualified professional engineering firm (“Developer’s Engineer”) to plan, design and prepare detailed construction plans and specifications (“Plans”) for the improvements described herein in full and complete accordance with CVWD’s Rules, including but not limited to, the design criteria and standards, such as CVWD’s “Development Design Manual.” Developer’s Engineer shall complete the design and Plans and the same shall be submitted to CVWD as set forth below. All such planning and design work and the Plans performed and prepared by Developer’s Engineer shall be subject to review and written approval by CVWD prior to presentation thereof to contractors for bidding purposes. CVWD shall approve or disapprove the Plans in writing within a reasonable amount of time after submittal to CVWD. In the event CVWD disapproves the Plans, Developer shall modify the Plans in accordance with the reasons given for disapproval and shall resubmit the revised Plans to CVWD for approval or disapproval.

The foregoing procedure shall be continued until the Plans have been approved by CVWD. Developer hereby acknowledges and understands

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that CVWD may approve or disapprove Developer’s planning and design work and Plans, in CVWD’s sole and absolute discretion. Developer represents that the Plans will conform to all applicable federal, state and local governmental rules, ordinances and regulations, including but not limited to, the Rules and all applicable Environmental Laws. In submitting the Plans to CVWD for review, Developer represents that, to Developer’s knowledge, after reasonable inquiry, that the Plans are complete, accurate, workable and are in compliance with all governmental requirements with respect thereto.
(ii) Not Used.
(iii) Developer and Developer’s successors, assigns and successors-ininterest to the Developer Property shall be liable at its sole expense, for any surface improvements, including, but not limited to, entry gate(s), pilasters, call boxes, island medians/planters, landscape and associated irrigation systems, decorative concrete, alternative paving methods, seal coating, overlaying or other surface improvements (“Surface Improvements”) both within and outside the immediate area of construction and/or easement for the Irrigation System which CVWD may be required to remove in the future to gain access to the Irrigation System. All Surface Improvements must adhere to CVWD’s Development Design Manual and Landscape Ordinance, as amended from time to time. CVWD shall not be responsible for any Surface Improvements either within or outside the immediate area of construction and/or easement for the Irrigation System. If the Surface Improvements or the installation or use thereof cause damage to the Irrigation System, Developer and Developer’s successors, assigns and successors-in-interest to the Developer Property shall reimburse any cost incurred by CVWD in repairing such damage. Such costs shall be paid by Developer and Developer’s successors, assigns and successors-in-interest within ten (10) calendar days following receipt of an invoice from CVWD. (e) Not Used.
(f) Not used.
(g) Not Used.
(h) Not Used.
(i) Not Used.

2. Developer’s Responsibilities
Developer shall do the following at such time or times described herein or on Appendix “A” attached hereto and by this reference incorporated herein:
(a) Not Used.

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(b) Not Used.
(i) Not Used.
(ii) Not Used.
(iii) Not Used.
(iv) Not Used.
(v) Not Used.
(vi) Not Used.
(c) Developer shall do the following for the design and construction of certain facilities:
(i) Not Used.
(ii) Not Used.
(iii) Subject to Section 5(b), design and construct, at Developer's sole expense, to CVWD specifications, the pipelines or facilities shown on Exhibit “G” attached hereto and by this reference incorporated herein in accordance with the Schedule on Appendix A. The pipelines shall be of the type and material as shall be acceptable to CVWD in CVWD’s sole and absolute discretion. The provisions relating to the design, construction and installation of the improvements shall apply to the design and construction of the pipelines described herein.
(iv) Subject to Section 5(b), design and remove, at Developer's sole expense, to CVWD specifications, the abandonment of pipelines or facilities shown on Exhibit “G” and lying with the USBR Easement described and depicted on Exhibits “E” and “F”, attached hereto in accordance with the Schedule on Appendix A. The design and abandonment of the irrigation facilities shall comply with CVWD and USBR requirements and procedures as provided in CVWD’s Development Design Manual. USBR requirements include the federal abandonment submittal process, including a recorded quitclaim for each parcel where the USBR Easement will be abandoned (“USBR Requirements”). Upon completion of the replacement portions of the Irrigation System, Developer shall remove the applicable portions of the Irrigation System in accordance with the terms hereof.
(v) Prior to the conveyance or transfer of ownership of any parcels within the Developer or City Property described in Exhibit “E”, Developer and City will complete the USBR Requirements as stated in Section 2(c)(iv). (vi) Section 2(c)(iii) of this Agreement provides that Developer is required to install approximately 1,330 linear feet of 12-inch (12”) C900 PVC and

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1,360 linear feet of 24-inch (24”) C905 PVC pipelines (“Pipeline”) as more particularly described therein.
(vii) The proposed Lateral 118.7 and 118.7-2.5 Replacement Plans, Developer as shown on Developer Drawing Nos. 48353 and 48358 (Permanent Improvements) will not unreasonably interfere with CVWD or USBR's easement rights. However, in the event that CVWD operation or maintenance activities result in damage or removal of the Permanent Improvements, CVWD and USBR will not be responsible for their repair or replacement. In addition, no trees of any kind are allowed within or over the CVWD or USBR easements to protect the irrigation lateral from root damage. The construction of the Permanent Improvements must be done under direct CVWD inspection. Developer's contractor must schedule all work prior to commencing work activities described in Exhibit “G”. The Developer’s contractor shall be responsible for notifying the CVWD Chief Zanjero Supervisor in writing at least 20 days prior to shutting down the existing pipeline(s). Time is of the essence and the existing irrigation pipeline shall not be shut down for more than 3 days for all work. (viii) CVWD strongly recommends that the Developer obtain written approval of the fee title owner(s) of the real property on which CVWD and USBR's easements are located prior to constructing the Permanent Improvements.
(ix) The Developer shall be fully responsible to ascertain the location of all facilities constructed by others, and to construct the Permanent Improvements in a manner which will not damage, conflict or interfere with any existing facilities or CVWD's and USBR's use of the easement area for the purpose set forth in the easements. Developer shall be responsible for all costs for the protection and/or repair of the existing irrigation pipeline during construction and future maintenance activities within or near the CVWD and USBR easements.
(x) In the event any action is brought by any person(s) regarding CVWD’s or USBR's easements for injury, death and/or damages to property in connection with construction of the Permanent Improvements and Developer’s use of the easements, CVWD and USBR shall be defended, held harmless and indemnified by Developer. CVWD and USBR assume no responsibility for damages, claims or suits in connection with said Permanent Improvements. These requirements should not be construed as subordination of CVWD's and USBR's rights, title and interest in and to said easements or as a waiver of any of the provisions contained in said easements.
(d) Not Used.
(e) Not Used.

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(f) Not Used.
(g) Not Used.
(h) Not Used.
(i) Not Used.

3. Developer Pre-Plan Check Requirements
(a) Prior to submitting the Plans to CVWD for initial plan check, Developer shall do the following:
(i) Concurrently with the execution of this Agreement by Developer, Developer shall deliver to CVWD a current preliminary title report (“PTR”) affecting the Developer Property dated within thirty (30) days of the delivery thereof to CVWD. CVWD will notify Developer of any title exceptions within the PTR which must be subordinated to the lien of this Agreement.

Notwithstanding the foregoing, any monetary liens or liens of any covenants, conditions and restrictions must be subordinated to the lien of this Agreement. Developer shall have a period of thirty (30) days after the receipt of written notice to cause the subordination of the items listed in CVWD’s notice, as well as any monetary liens or liens of any covenants, conditions and restrictions.
(ii) Pay CVWD’s plan check deposit and any amounts necessary to reimburse CVWD for costs incurred in connection with review of the Plans. (iii) Furnish to CVWD the applicable standard installation agreement, if any.
(iv) Complete and deliver to CVWD the original Bill of Sale on a form supplied by CVWD.
(b) Prior to submitting Plans to CVWD for the second plan check, Developer shall do the following:
(i) Developer, at its sole expense, shall furnish to CVWD recorded grant deeds and/or recorded easement document(s) and/or easements proposed to be dedicated on tract maps and/or public rights-of-way, if applicable, satisfactory to CVWD and USBR (with respect to the replacement portion of the Irrigation System) (in their sole and absolute discretion) as to content, form, location, and width and which assure CVWD’s unequivocal right to own, operate, maintain, replace, repair, enlarge, reconstruct, remove and improve the improvements. Developer shall ensure that all deeds of trust, mortgages and covenants, conditions and restrictions are reconveyed as to fee ownership and subordinated to

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the easement(s) set forth herein. Developer shall also ensure that the grant deeds and easements comply with the requirements of CVWD’s rules and regulations.
(ii) Not Used.

4. Developer Plan Approval/Release Requirements
Prior to the approval/release of the Plans by CVWD for the improvements, Developer shall furnish to CVWD the following:
(a) The approved Plans in electronic CAD format; and
(b) This signed, notarized Agreement.

5. Developer Pre-Construction Requirements
Following receipt of CVWD’s approval of the design and Plans for the improvements and prior to the construction thereof, Developer shall do the following:
(a) Furnish to CVWD, prior to the pre-construction meeting set forth in subsection (c) below, a Performance Guarantee Cash Deposit in the amount of Five Thousand Dollars ($5,000.00) or five percent (5%) of the amount of the construction costs of the domestic water facilities, whichever is greater, of immediately available funds as security for the purpose of guaranteeing the completion of construction of the domestic water facilities. The term “immediately available funds” shall mean cash, wire transfer or a cashier’s check drawn on good and sufficient funds on a federally insured bank and made payable to the order of CVWD. CVWD shall not be required to keep the funds separate from its general funds. In the event CVWD invests the deposit, CVWD shall pay the minimum interest rate set forth in California Government Code Section 53079(b), less one (1) full percentage point. CVWD shall have the absolute right five (5) days after the mailing of a written notification to Developer, by certified mail at Developer’s address herein to draw all or a portion of the funds represented by the security as may be necessary to complete construction, including administrative and all other project costs or to secure compliance with this Agreement, including the construction of the domestic water facilities; each Performance Guarantee Cash Deposit shall be issued or delivered on a case-by-case basis, for each contract based on the construction required as outlined herein.

The deposit, less draws, if any, will be returned to Developer on a case-by-case basis, upon CVWD declaring that the irrigation facilities are final and complete (including, but not limited to, the paving of road/street/right-of-way above such facilities) in CVWD’s sole and absolute discretion. Developer hereby understands, acknowledges and agrees that the determination that the irrigation facilities are complete and final may come after CVWD has accepted such facilities.
(b) (i) Employ, with written concurrence of CVWD, a qualified contractor or contractors (collectively, “Developer’s Contractor”) properly licensed by the State of California to construct and complete the improvements.

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(ii) Not Used.
(iii) Not Used.
(iv) Not Used.
(v) Not Used.
(vi) Not Used.
(vii) Not Used.
(A) Not Used.
(B) Not Used.
(C) Not Used.
(c) Arrange, or cause the Developer’s Contractor to arrange, a pre-construction meeting with CVWD. At such meeting there shall be at least one (1) representative of Developer, Developer’s Contractor and CVWD. At such meeting, Developer shall be required to pay to CVWD an Inspection Services Deposit for inspection as shall be required by CVWD. CVWD shall deduct from said Inspection Services Deposit all reasonable cost and expense of CVWD, including, but not limited to, CVWD's agents, employees, consultants or independent contractors. CVWD shall handle such deposit consistent with CVWD's rules, regulations and procedures with respect to such deposits. The Inspection Services Deposit is the minimum required amount and may be modified, in CVWD's sole discretion, based on the project size, complexity, or impacts to CVWD. CVWD may elect to use consultants to perform the inspection services for specific projects based on either technical needs and/or staff availability. The Inspection Services Deposit is refundable only to the extent the deposit exceeds expenses incurred by CVWD. (d) Obtain and maintain in full force and effect during the term of this Agreement, the insurance coverages listed on Exhibit “H” attached hereto and by this reference incorporated herein.

6. Developer Construction Requirements
Following satisfaction of the requirements set forth in Section 5, Developer shall construct the improvements in accordance with the following requirements:
(a) Developer shall, at its sole expense, apply for and obtain all necessary consents, approvals, permits, authority, licenses or entitlements as shall be required for the construction and installation of each facility or improvement from all appropriate governmental authorities.
(b) Once construction and/or installation of an improvement has commenced, Developer and Developer’s Contractor shall diligently prosecute the same to completion

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at no cost or expense to CVWD in conformance with the laws, rules and regulations of all governmental bodies and agencies, including those of CVWD. (c) Developer and Developer’s Contractor shall perform, or cause to be performed, all construction and installation of the improvements in good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken and in compliance with the construction standards set forth herein. Developer shall employ at all times adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, construction and installation of the improvements.
(d) Developer shall name CVWD as an express third party beneficiary in its construction contract with Developer’s Contractor.
(e) Developer shall ensure that CVWD is a named additional insured in the insurance policies provided by Developer’s Contractor pursuant to the Developer’s construction contract.
(f) Developer shall include CVWD and the CVWD Indemnitees as defined herein, as indemnitees in the indemnification clause in the construction contract between Developer and Developer’s Contractor.
(g) Developer shall cause the Developer’s Contractor to comply with the applicable Occupational Safety and Health Act (“OSHA”) standards and requirements, including, but not limited to, OSHA safety standards and submitting construction and shoring plans.
(h) CVWD shall be under no obligation to protect any improvement to be constructed by or on behalf of Developer, or any material, tool, equipment and facilities until written acceptance thereof by CVWD. Prior to the acceptance, Developer shall bear all risk of loss or damage thereto by whatever cause inflicted. Developer shall bear the sole cost and responsibility to rebuild, repair, restore and replace or cause to be rebuilt, repaired, restored or replaced, and make good all injuries or damages to any portion of the improvements before completion and acceptance by CVWD and Developer shall bear the expense thereof.
(i) Developer shall pay when due all valid charges from all contractors, subcontractors and suppliers supplying goods or services to Developer for the improvements and shall keep the improvements free and clear of any liens related to such charges. Developer shall indemnify CVWD for all claims, losses, damages, liabilities and expenses resulting from any liens filed against the improvements in connection with such charges; provided, however, that Developer shall have the right to contest any such lien, so long as it provides a statutory bond or other reasonable assurances of payment that either remove such lien from title to the improvements or that assure that any adverse judgment with respect to such lien will be paid without affecting title to the improvements.

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(j) Each improvement shall be installed in strict compliance with the Plans. Any deviations from the approved Plans must have CVWD’s prior written approval. (k) Developer is required by this Agreement to install and construct certain improvements which will be dedicated to CVWD upon completion thereof in accordance with the terms of this Agreement. Notwithstanding the foregoing, if Developer does not believe that it is required to perform such work in the same manner and subject to the same requirements as would be applicable to CVWD had it undertaken construction, including, without limitation, the payment of prevailing wages, and other public works requirements pursuant to the California Labor Code, the California Government Code and the California Public Contract Code, then Developer undertakes such construction at Developer’s risk. Should it be determined in the future by either the legislature or a court of competent jurisdiction that Developer was required to comply with some or all of the requirements as would be applicable to CVWD had it undertaken such construction, Developer shall indemnify, defend and hold harmless CVWD Indemnitees (as defined in Exhibit “I”) from all Costs (as defined in Exhibit “I”) to which they may be subjected or put, by reason of or resulting from failure to comply with public works requirements, including, but not limited to, the failure to pay prevailing wages or such other requirements as would be applicable to CVWD had it undertaken such construction. (l) Developer hereby irrevocably appoints CVWD to inspect the furnishing and installation of the improvements. Developer shall provide CVWD representatives with reasonable access for inspection purposes. It is understood and agreed that CVWD’s inspection personnel shall have the authority to enforce the Plans, which authority shall include requiring that all unacceptable materials, workmanship and/or installation be replaced, repaired or corrected by Developer’s Contractor. Nothing herein shall be construed to grant CVWD direct control over Developer’s Contractor or anyone but Developer or its designee. CVWD’s inspection does not include inspection for compliance with safety requirements by Developer’s Contractor. Any inspection completed by CVWD shall be for the sole use and benefit of CVWD, and neither Developer nor any third party shall be entitled to rely thereon for any purpose. CVWD does not undertake or assume any responsibility for or owe a duty to select, review or supervise the creation of the improvements. CVWD’s inspection services shall not include the calculation of installed footage of pipeline.
(m) Developer shall cause the Developer’s Contractor to comply with the following:
(i) Construction shall not conflict with the normal operation and maintenance of CVWD/USBR facilities.
(ii) CVWD shall access to CVWD/USBR facilities.
(iii) All excavations, embankments, haul roads, permanent access roads, plant site, waste disposal areas, borrow areas, and all other work areas free from dust.

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7. Developer Project Completion and Acceptance
(a) (i) Upon and completion and testing of an improvement and/or abandonment of the applicable portion of the Irrigation, the Developer’s Engineer of Record shall provide signed and approved As-Built Drawings (electronic or hard copy) and Developer shall provide the actual construction cost of the improvements to CVWD. Upon completion and testing of an improvement and/or abandonment of the applicable portion of the Irrigation System, and after final paving, Developer shall give CVWD notice of the same. CVWD shall make a final inspection and provide written notice to Developer either (A) confirming that such improvement has been completed and/or abandoned in accordance with the requirements of this Agreement or (B) setting forth a punchlist of items that need to be completed or corrected. If CVWD provides such a punchlist, the above-referenced notice and inspection procedure shall be repeated upon completion of the punchlist items to CVWD’s sole satisfaction. Nothing herein shall be considered a waiver of any warranty, guarantee or other right in favor of CVWD.
(ii) Upon completion and acceptance of each applicable improvement and/or abandonment of the applicable portion of the Irrigation System, Developer shall prepare and execute a Certificate of Completion and Final Acceptance as to each applicable improvement and record said notice with the Office of Recorder of the County of Riverside, State of California. (iii) Upon receipt of the Certificate of Completion and final acceptance, the Bill of Sale provided herein shall convey title to the improvements at no cost and expense to CVWD. The improvements shall be transferred to CVWD free of all liens and encumbrances.
(iv) Developer warrants and represents to CVWD that the improvements covered hereby shall be free from construction defects for twelve (12) months from the date of CVWD final acceptance. The Developer shall maintain in force the deposit required under Section 5(a) for the duration of the twelve (12) month guarantee.
(v) CVWD shall repair, at Developer’s cost and expense, all failures of any improvement which was furnished, installed and/or constructed due to faulty materials or installation during the twelve (12) month warranty period referred to in subsection (iv) above. Developer shall, within thirty (30) days after written demand therefor, pay or cause Developer’s Contractor or surety to pay such cost shown on the invoice. Nothing in this subsection or subsection (iv) above shall limit or abrogate any other claims, demands or actions CVWD may have against Developer, Developer’s Contractor or the bond sureties on account of damages sustained by reason of such defects, nor shall the provisions of this Section limit, abrogate or affect any warranties in favor of CVWD which are expressed or implied by law or set forth in any construction agreement.

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(b) Developer‘s Engineer shall provide to CVWD all field engineering surveys associated with the construction of the improvements, at Developer’s sole expense.

Developer shall promptly furnish to CVWD all field notes and grade sheets, together with all location, offset, and attendant data and reports, resulting from Developer’s field engineering survey and/or proposed facility design changes, all of which have been prepared in accordance with generally accepted engineering practices, and allow CVWD sufficient time to approve or make any required design changes resulting therefrom prior to construction. Any inspection or review pursuant to this subsection shall be for the sole use and benefit of CVWD, and neither Developer nor any third party shall be entitled to rely thereon for any purpose.

8. Project Close Out Requirements
Within thirty (30) days of providing CVWD with the Certificate of Completion and final acceptance, Developer shall provide CVWD with the following:
(a) Unconditional lien and material releases from all contractors and all subcontractors, materialmen, and suppliers.
(b) A declaration by Developer’s Contractor that the Developer’s Contractor and all persons and entities who furnished material in the construction of the improvements have been paid in full.
(c) All permits, plans and operating manuals related thereto, shall be delivered to and become the sole property of CVWD, subject to Developer’s warranty work and other obligations required hereunder. On the acceptance of an improvement, Developer shall deliver to CVWD, at no cost to CVWD, all surveys and as-built drawings associated with the construction of the improvement.

9. CVWD Requirements
CVWD shall do the following for irrigation service to the Developer and City Property:
(a) Not Used.
(b) Not Used.

10. City Requirements
City shall do the following:
(a) The City agrees as an accommodation for the Project that the USBR Easement and the irrigation relocations confer prior and senior rights to the USBR and CVWD.
(b) The City agrees that CVWD and USBR have the right to use the USBR relocation for all purposes for which the USBR Easement were acquired without the need for any further permits or permissions from the City. CVWD shall give

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reasonable notice to the City before performing any work within the traveled roadway or improved shoulder of Calhoun Street or Avenue 50 or if traffic will be obstructed. In all cases, CVWD shall perform its work in a manner that will afford security for life and property, and CVWD shall restore any affected street as near as may be to its former state or so as not to have impaired unnecessarily its usefulness.
(c) In the event of a future use of Calhoun Street or Avenue 50 that would necessitate a rearrangement, relocation, reconstruction, or removal of CVWD or USBR Easement and/or USBR relocation, City shall notify CVWD in writing of such necessity as soon as possible. The City agrees to reimburse CVWD on demand of any costs incurred in complying with such notice including any costs associated with easement acquisitions. City shall enter into a relocation agreement on the same terms and conditions as set forth herein. This Agreement shall not in any way alter, modify, or terminate any provisions of the USBR/CVWD Easement.

11. General Provisions
(a) Developer shall defend, indemnify, and hold harmless CVWD and its officers, directors, administrators, representatives, consultants, engineers, employees and agents and their respective successors and assigns (collectively, “CVWD Indemnitees”), in accordance with the provisions of Exhibit “I” attached hereto and by this reference incorporated herein.
(b) Prior to the acceptance of the improvements by CVWD, Developer shall furnish to CVWD any and all documents reasonably requested by CVWD. (c) In the event that construction of the improvements to be constructed hereunder has not begun within twelve (12) months of the date of approval of the Plans, CVWD shall have the right to terminate this Agreement effective upon written notice to Developer. Following such termination, the Parties may enter into a new agreement which shall be subject to the fees, charges and Rules applicable at the time of the making of the new agreement.
(d) All notices under this Agreement shall be in writing and mailed (registered or certified, postage prepaid, return receipt requested), or by express carrier (return receipt requested) or hand delivered to Parties the addresses set forth below. All such notices shall, if hand delivered, or delivered by express carrier, be deemed received upon delivery and, if mailed, be deemed received three (3) business days after such mailing.

CVWD:

Coachella Valley Water District
Attention: J.M. Barrett, General Manager
Post Office Box 1058
Coachella, CA 92236

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DEVELOPER:

D. R. Horton Los Angeles Holding Company, Inc.
2280 Wardlow Circle Suite 100
Corona, CA 92880
CITY:

City of Coachella
53990 Enterprise Way
Coachella, CA 92236
(e) Time is of the essence of this Agreement and each and every term and provision thereof.
(f) This Agreement shall be construed as if prepared by all of the Parties hereto. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is not applicable and is waived. (g) No delay on the part of any Party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any Party hereto of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise of any other right, power or privilege hereunder.
(h) If any of the provisions of this Agreement are held to be contrary to law by a court or governmental administrative agency of competent jurisdiction, such provisions will not be deemed valid and subsisting, except to the extent permitted by law, and the parties shall, if possible, enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provisions. The remainder of this Agreement shall not be affected thereby and shall continue in full force and effect. (i) This Agreement may only be modified in a writing signed by both Parties. (j) In the event of any litigation or other action between the Parties arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to its reasonable costs and attorneys' fees.
(k) The invalidity or illegality of any provision of this Agreement shall not affect the remainder of this Agreement.
(l) Each Party hereto agrees to execute and deliver such documents and perform such other acts as may be necessary to effectuate the purposes of this Agreement.

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(m) Each individual executing this Agreement hereby represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the named Parties.
(n) Developer shall maintain and make available for inspection by CVWD during regular office hours, accurate records pertaining to the design, construction and installation of the improvements to be constructed by Developer. (o) This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. (p) If any payment due CVWD hereunder is not paid when due, Developer shall pay to CVWD an additional ten percent (10%) for each payment due as an administrative processing charge. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that CVWD will incur by reason of late payment by Developer. Acceptance of any late charge shall not constitute a waiver of Developer’s default with respect to the overdue amount or prevent CVWD from exercising any of the other rights and remedies available to CVWD. Any payment not paid when due shall bear simple interest at the rate of ten percent (10%) per annum (provided such amount shall not exceed the maximum rate allowed under California law) from the date due until paid in full.
(q) The Parties agree that any action or proceeding to enforce or relating to this Agreement shall be brought exclusively in the Federal or State courts located in Riverside County, California, and the Parties hereto consent to the exercise of personal jurisdiction over them by any such courts for purposes of any such action or proceeding. (r) This Agreement is entered into within the State of California, and all questions concerning the validity, interpretation and performance of any of its terms or provisions or any of the rights or obligations of the Parties hereto shall be governed by and resolved in accordance with the laws of the State of California. (s) The terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Developer and City Property in accordance with applicable law, including, without limitation, Section 1468 of the California Civil Code and shall pass to and be binding upon the successor owners of the Developer and City Property. This Agreement shall burden the City and Developer Property and is binding on the successors, assigns and all persons acquiring ownership of any interest in, or any portion of the Developer and City Property. This Agreement shall benefit the City and Developer Property and inure to the benefit of the owners of the City and Developer Property. As such, all successor owners of the City and Developer Property will have any of the rights, responsibilities and liabilities of City and Developer, as if such person or entity originally executed this Agreement in place and stead of City and Developer. Each and every contract, deed or other instrument hereafter executed covering or conveying the City and Developer Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to such terms and conditions regardless of whether such terms and conditions are set forth in

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such contract, deed or other instrument. No transfer of the City or Developer Property shall relieve Developer and City of any responsibility or liability under this Agreement. (t) Not Used.
(u) This Agreement, together with the exhibits attached hereto and other writings referenced herein, such as, but not limited to the Rules, contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements between the Parties, oral or written, and any and all amendments thereto. Any oral representations or modifications concerning this Agreement shall be of no force and effect.

IN WITNESS WHEREOF, the Parties have caused this Standard Irrigation System Installation Agreement to be executed as of the day and year first set forth above.

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Dated:

Dated:

DEVELOPER:

DR HORTON LOS ANGELES HOLDING
COMPANY, INC., A CALIFORNIA

CORPORATION
By:
(Name)
(Title)
CITY:

THE CITY OF COACHELLA, A CALIFORNIA

PUBLIC CORPORATION, ALSO KNOWN

AS CITY OF COACHELLA, A CALIFORNIA

MUNICIPAL CORPORATION
By:
(Name)
(Title) City Manager
Dated: CVWD:

COACHELLA VALLEY WATER DISTRICT,
a public agency of the State of California
By:

J. M. Barrett
General Manager
ATTEST:

Sylvia Bermudez
Clerk of the Board

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19782.00020\32774311.1
Rev. 08/23/2016

EXHIBIT LIST
EXHIBIT “A” LEGAL DESCRIPTION DEVELOPER PROPERTY
EXHIBIT “B” DEPICTION DEVELOPER PROPERTY
EXHIBIT “C” LEGAL DESCRIPTION CITY PROPERTY
EXHIBIT “D” DEPICTION CITY PROPERTY
EXHIBIT “E” LEGAL DESCRIPTION USBR EASEMENT
EXHIBIT “F” DEPICTION USBR EASEMENT
EXHIBIT “G” DESCRIPTION/DEPICTION OF FACILITIES AND

DESCRIPTION OF ABANDONED FACILITIES
EXHIBIT “H” INSURANCE
EXHIBIT “I” INDEMNITY

APPENDIX A SCHEDULE

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19782.00020\32774311.1
Rev. 08/23/2016
EXHIBIT “A”
TO

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

LEGAL DESCRIPTION DEVELOPER PROPERTY

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Draft

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EXHIBIT “B”
TO

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

DEPICTION DEVELOPER PROPERTY

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R
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EXHIBIT “C”

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

LEGAL DESCRIPTION CITY PROPERTY

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Draft

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Doc. No.:_______
EXHIBIT “D”

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

DEPICTION CITY PROPERTY

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Doc. No.:_______
EXHIBIT “E”

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

LEGAL DESCRIPTION USBR EASEMENT

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19782.00020\32774311.1
Doc. No.:_______
EXHIBIT “F”

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

DEPICTION USBR EASEMENT

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19782.00020\32774311.1
Doc. No.:_______
EXHIBIT “G”
TO

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

DESCRIPTION/DEPICTION OF FACILITIES AND

DESCRIPTION OF ABANDONED FACILITIES
• Irrigation Lateral 118.7: Relocate approximately one thousand three hundred fifty seven (1357’) linear feet of the existing 24-inch (24“) concrete irrigation pipeline with one thousand three hundred sixty (1,360’) linear feet of 24-inch (24“) C 905 PVC pipeline.
• Irrigation Lateral 118.7-2.5: Relocate approximately one thousand three hundred eleven (1311’) linear feet of the existing 12-inch (12“) concrete irrigation pipeline with one thousand three hundred thirty (1,330’) linear feet of 12-inch (12“) C 900 PVC pipeline.
• Abandon those existing portions of Irrigation Laterals 118.7 and 118.7-2.5 that lie within the existing USBR Easement per CVWD approved plans under direct CVWD Inspection.

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EXHIBIT “H”
TO

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

INSURANCE

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19782.00020\32774311.1
Rev. 08/23/2016
EXHIBIT “H”

INSURANCE REQUIREMENTS

1. MINIMUM SCOPE AND LIMIT OF COVERAGE. Prior to and at all times after executing the Agreement, Developer shall procure and maintain, at its sole cost, for the duration of Developer’s obligations hereunder, not less than the following coverage and limits of insurance with insurers and under policy forms satisfactory to CVWD. (a) Commercial General Liability Insurance written on an occurrence basis of at least $2,000,000 per occurrence/$4,000,000 aggregate providing coverage for ongoing and products and completed operations, property damage, bodily injury, personal and advertising injury, property damage, and premises/operations liability.
(i) Coverage for Commercial General Liability insurance shall be at least as broad as Insurance Services Office Commercial General Liability coverage form (Occurrence Form CG 00 01) or exact equivalent. (ii) 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. (iii) The policy shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, and agents as additional insureds using ISO endorsement forms CG 20 10 07 04 and 20 37 07 04, or endorsements providing the exact same coverage.
(b) Commercial Automobile Liability Insurance written on a per occurrence basis of at least $1,000,000 per occurrence for bodily injury and property damage. (i) 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)
(ii) The policy shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, and agents as additional insureds.
(c) Workers’ Compensation Insurance/Employers Liability as required by the State of California with statutory limits or be legally self-insured pursuant to Labor Code section 3700 et. seq. along with Employer’s Liability limits of no less than $1,000,000 per occurrence for bodily injury or disease. The workers compensation insurer shall agree, using form WC 00 03 13 or the exact equivalent to waive all rights of subrogation against Coachella Valley Water District, its employees, directors, officers, and agents.

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2. OTHER INSURANCE PROVISIONS. All of Developer’s policies shall meet the following requirements and contain all specified provisions/endorsements noted hereunder.
(a) Insurers shall provide CVWD at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that insurers shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. In the event any insurer issuing coverage hereunder does not agree to provide notice of cancellation to CVWD, Developer shall assume such obligation and provide written notice of cancellation in accordance with the above. If any of the required coverage is cancelled or expires during the term of this Agreement, Developer shall deliver renewal certificate(s) including endorsements to CVWD at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Developer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by CVWD or any additional insureds shall not be called upon to contribute to any loss. (c) All required insurance coverages shall contain a provision, or be endorsed, to waive subrogation in favor of the Coachella Valley Water District, its employees, directors, officers, and agents or shall specifically allow Developer to waive its right of recovery prior to a loss. Developer hereby waives its own right of recovery against Coachella Valley Water District, its employees, directors, officers, and agents.
(d) 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, CVWD has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CVWD will be promptly reimbursed by Developer. In the alternative, CVWD may cancel this Agreement. (e) CVWD may require Developer to provide complete copies of all insurance policies and endorsements in effect for the duration of the Agreement. (f) Developer shall not allow any of its contractors, consultants, subcontractors or subconsultants to commence work under this Agreement until Developer has verified that contractors, subcontractors, consultants, or subconsultants have secured all insurance required herein, including waivers of subrogation and other endorsements. Policies of commercial general liability insurance provided by such contractors, consultants, subcontractors or subconsultants shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, and agents as additional insureds using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Developer, CVWD may approve different scopes or minimum limits of insurance for particular contractors, consultants, subcontractors or subconsultants.

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(g) The general liability program and automobile liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by CVWD, and provided that such deductibles shall not apply to CVWD as an additional insured.
(h) Claims made policies are not acceptable.

3. VERIFICATION OF COVERAGE. Prior to execution of the Agreement, Developer shall file with CVWD 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 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 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. All policies required shall be issued by acceptable insurance companies, as determined by CVWD. 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.

4. LIABILITY NOT LIMITED. Defense costs shall be payable in addition to the limits set forth herein. Requirements of specific coverage or limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 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 Developer from liability in excess of such coverage, nor shall it limit Developer’s indemnification obligations to CVWD and shall not preclude CVWD from taking such other actions available to CVWD under other provisions of the Agreement or law.

5. AVAILABLE LIMITS. Notwithstanding the minimum limits set forth above, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds.

6. RESERVATION OF RIGHTS. CVWD reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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Item 19.
19782.00020\32774311.1
Rev. 08/23/2016
EXHIBIT “I”
TO

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

INDEMNITY

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Item 19.
19782.00020\32774311.1
Rev. 08/23/2016
EXHIBIT “I”

INDEMNITY
Developer shall assume the defense of, indemnify and hold harmless CVWD and its officers, directors, administrators, representatives, consultants, engineers, employees and agents, and their respective successors and assigns (collectively, “CVWD Indemnitees”) and each and every one of them, from and against all actions, causes of action, damages, demands, liabilities, costs (including, but not limited to reasonable attorneys’ fees), claims, losses and expenses of every type and description (collectively, “Costs”) to which they may be subjected or put, by reason of, or resulting from: (A) this Agreement, (B) the design, engineering and construction of the improvements, (C) the removal and abandonment of the applicable portions of the Irrigation System, (D) the performance of or failure to perform, the work covered by this Agreement which is caused or occasioned by any act or neglect on the part of Developer or its Representatives (as defined below), (E) any death, injury, property damage, accident or casualty caused or claimed to be caused by Developer or its Representatives or including Developer or its Representatives or its or their property, (F) any breach by Developer of its obligations under this Agreement, and (G) any enforcement by CVWD of any provision of this Agreement. The foregoing indemnity shall not apply to the extent any such Costs are ultimately established by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of CVWD Indemnitees or any of them. CVWD shall make all decisions with respect to its representation in any legal proceeding concerning this Section. If Developer fails to do so, CVWD shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including fees and costs, to Developer and to recover the same from Developer. The term “Representatives” shall mean employees, representatives, agents, contractors, subcontractors or any other persons directly or indirectly employed by any of the foregoing or reasonably under the control of any of the foregoing or for whose acts any of the foregoing may be liable. No provision of this Agreement shall in any way limit the extent of the responsibility of Developer for payment of damages resulting from its operations or the operations of any of its Representatives. Developer further covenants and agrees to pay, or reimburse CVWD Indemnitees, or any of them for any and all Costs in connection with the investigating, defending against or otherwise in connection with Developer’s obligations pursuant to this Agreement, except liability arising through the gross negligence or willful misconduct of CVWD Indemnitees, or any of them. CVWD shall have the right, at Developer’s expense, to commence, to appear in, or to defend any action or proceeding arising out of or in connection with this Agreement, and in connection therewith, may pay all necessary expenses if Developer fails upon reasonable notice to so commence, appear in or defend any action or proceeding with counsel reasonably acceptable to CVWD. Developer shall be furnished with copies of bills relating to the forgoing upon request.

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Item 19.
19782.00020\32774311.1
APPENDIX A-1
Rev. 08/23/2016

APPENDIX A
TO

STANDARD IRRIGATION SYSTEM

INSTALLATION AGREEMENT

SCHEDULE
The proposed 24-inch (24”) irrigation lateral 118.7 and 12-inch (12”) irrigation lateral 118.7-2.5 improvements shall be constructed and placed into service prior to the construction of Project.

The abandonment of the existing Irrigation Lateral 118.7 and 118.7-2.5 shall be performed upon completion of the installation of the replacement laterals and upon approval from USBR to proceed via CVWD Inspection.

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Item 19.
19782.00020\32774311.1
APPENDIX A-2
Rev. 08/23/2016

STATE OF CALIFORNIA

COUNTY OF )

1. On before me,
(insert name and title of officer)

2. 3.

4. 5.

ACKNOWLEDGEMENT

STATE OF CALIFORNIA

COUNTY OF )
On before me,
(insert name and title of officer)
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Item 19.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Manager
SUBJECT: Authorize the Executive Director (City Manager) to sign the First Supplement to the Memorandum of Understanding regarding collaboration on the Coachella Valley Salt Nutrient Management Plan with a cost share amount of $199,062.79 STAFF RECOMMENDATION:

Authorize the Executive Director (City Manager) to sign the First Supplement to the Memorandum of Understanding regarding collaboration on the Coachella Valley Salt Nutrient Management Plan with a cost share amount of $199,062.79.

DISCUSSION/ANALYSIS:

The City of Coachella, through its Coachella Water Authority and Coachella Sanitary District is one of eight agencies participating in the development of the Coachella Valley Salt and Nutrient Management Plan (CV-SNMP). In general, Salt and Nutrient Management Plans are mandated by the State of California’s Recycled Water Policy, which encourages the use of recycled water.

However, recycled water contains salts and nutrients which must be managed on a basin-wide basis to protect groundwater quality. The First Supplement to the Memorandum of Understanding is to formalize the collaborative effort amongst the agencies for the CV-SNMP development workplan and also outlines the cost share obligation for each agency; Coachella’s cost share portion is $199,062.79 (out of approximately $2.68M) for this multi-year project which is slated for completion by June 2027.

On February 19, 2020, the Colorado River Basin Regional Board provided their findings and recommendations on the CV-SNMP submitted in June 2015. While the Regional Board communicated their finding that the 2015 CVSNMP did not fully satisfy the requirements of the Recycled Water Policy, rather than adopting a resolution definitively rejecting the CV-SNMP, they encouraged the water and wastewater agencies and other salt contributing stakeholders to restart the process of developing a CV-SNMP and provided recommendations for developing an acceptable CV-SNMP.

In response, the CV-SNMP Agencies met with Regional Board staff and agreed to prepare a CVSNMP Development Workplan. The purpose of the CV-SNMP Development Workplan was to

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Item 20.
define the scope of work to update the 2015 CV-SNMP to comply with the Recycled Water Policy and reasonably address the Regional Board’s recommendations. The CV-SNMP Development Workplan was approved by the Regional Board on October 4, 2021. The current CV-SNMP Agencies collaborating on the implementation of the CV-SNMP Development Workplan are CVWD, City of Coachella, City of Palm Springs, Desert Water Agency (DWA), Indio Water Authority (IWA), Mission Springs Water District (MSWD), Myoma Dunes Mutual Water Company (MDMWC), and Valley Sanitary District (VSD).

CVWD is serving as the lead administrative agency for this project and initiated the Request for Proposal (RFP) process to solicit proposals, coordinated proposal review with the CV-SNMP agencies, scoring, and interviews. Consultant West Yost received the overall top rating by the CV-SNMP agencies. The professional services agreement to implement the CV-SNMP Development Workplan is for a five-year period, starting in June 2022 through June 2027.

CVWD will, in turn, invoice the participating agencies for their respective cost portion as defined in the First Supplement to the Memorandum of Understanding (Attached to this item).

FISCAL IMPACT:

FY Total Project Cost City of Coachella Cost-Share
2021-2022 $49,705.78 $3,686.34
2022-2023 $596,469.33 $44,236.17
2023-2024 $596,469.33 $44,236.17
2024-2025 $596,469.33 $44,236.17
2025-2026 $596,469.33 $44,236.17
2026-2027 $248,528.89 $18,431.73
Funds for procurement of the consulting services to implement the CV-SNMP Development Workplan were included in the operating budgets of the Water and Sanitation Fund for FY 22/23. Therefore, there will be no adverse impact to the FY 22/23 budget. Funds for FY 23/24 through FY 26/27 will be requested through the annual budget process.

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Item 20.
1 FIRST SUPPLEMENT TO

MEMORANDUM OF UNDERSTANDING

REGARDING COLLABORATION ON THE

COACHELLA VALLEY SALT AND NUTRIENT MANAGEMENT PLAN
This FIRST SUPPLEMENT is entered into among the Parties identified herein which are the Parties to that certain Memorandum Of Understanding Regarding Collaboration On The Coachella Valley Salt And Nutrient Management Plan (“MOU”) dated as of November 5, 2020. The purpose of the MOU is to collaborate on development of a Coachella Valley Salt and Nutrient Management Plan Development Workplan (“Development Workplan”) and a Groundwater Monitoring Program Workplan, and on subsequent work that may arise from the Development Workplan and Groundwater Monitoring Program Workplan. The purpose of this FIRST SUPPLEMENT is to provide for the implementation of the completed Development Workplan. Unless otherwise stated herein, all capitalized terms in this FIRST SUPPLEMENT shall have the same definition as said terms are defined in the MOU. The Parties to this FIRST SUPPLEMENT shall be collectively referred to herein as “Parties” and individually as “Party.”

PARTIES

1. City of Palm Springs, a charter city that owns its wastewater treatment plant and manages municipal wastewater within its service area.

2. Coachella Valley Water District (“CVWD”), a county water district organized under the California County Water District Law, codified at Sections 30000, et seq., of the California Water Code and the Coachella Valley Water District Merger Law, Water Code section 33100, et seq.

3. City of Coachella, a general-law City that provides water service through the Coachella Water Authority (“CWA”), a joint powers authority formed as a component of the City of Coachella and the Housing Authority of the City of Coachella, and manages municipal wastewater in its service area through its subsidiary Coachella Sanitary District (“CSD”).

4. Desert Water Agency (“DWA”), an independent special district organized under the Desert Water Agency Law, codified at Sections 100-1, et seq., of the Appendix to the California Water Code.

5. Indio Water Authority (“IWA”), a joint powers authority formed as a component of the City of Indio and Housing Authority of the City of Indio.

6. Mission Springs Water District (“MSWD”), a county water district organized under the California County Water District Law, codified at Sections 30000, et seq., of the California Water Code.

7. Myoma Dunes Mutual Water Company (“MDMWC”), a mutual water utility system organized under California Corporations Code Sections 14300, regulated under the U.S. EPA Safe Drinking Water Act, and by California’s Water Code, Health and Safety Code.

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Item 20.
2 8. Valley Sanitary District (“VSD”), a California special district, which operates under the authority of the Health and Safety Code, Sanitary District Act of 1923, Sections 6400 et seq.

RECITALS
WHEREAS, the Parties recognize the importance of basin-wide management of salts and nutrients in groundwater; and
WHEREAS, the Parties wish to supplement the MOU for the purpose of retaining consultants to assist in the implementation of the Development Workplan approved by the Colorado River Basin Regional Water Quality Control Board on October 4, 2021; and
WHEREAS, the Parties selected WEST YOST ASSOCIATES, INC. (“WEST YOST”) to assist with the implementation of the Workplan through a competitive process; NOW, THEREFORE, it is mutually understood and agreed as follows:

RETENTION OF CONSULTANT

1. WEST YOST submitted the scope of work and fee schedule included as Exhibit 1 to this FIRST SUPPLEMENT for the implementation of the Workplan, hereafter referred to as the “Project.”

2. The Parties agree to have CVWD retain WEST YOST on behalf of the Parties, and under the MOU, to complete the Project for an amount not to exceed $2,684,112, inclusive of a 5% contingency. Said price shall not be exceeded without prior authorization of all Parties.

3. Each Party shall be provided the opportunity to attend all Project meetings.

4. Each Party shall be provided the opportunity to review and provide comments on all Project deliverables.

COST-SHARE

5. The Parties agree to share the cost to implement the Development Workplan in accordance with the cost-share schedule included below.

Cost-Share Schedule
Party Amount Percentage
City of Palm Springs $151,126.67 5.6%
City of Coachella $199,062.79 7.4%
CVWD $1,220,381.36 45.5%
DWA $490,339.90 18.3%
IWA $209,941.92 7.8%
MSWD $209,611.78 7.8%

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Item 20.
3 MDMWC $79,852.57 3.0%
VSD $123,795.02 4.6%

6. It is the stated goal of the Parties to pursue grant funding opportunities to off-set the cost of the Project. Grant funding secured by the Parties, collaboratively or individually, for the Project will be applied to the cost-share amount of all Parties in accordance with the percentages in the cost-share schedule.

7. It is the stated goal of the Parties to expand participation in this collaboration to any and all interested local salt contributing stakeholders. Any funding provided for the Project by future collaborators shall result in an adjustment to the cost-share amount of all Parties in accordance with the percentages in the cost-share schedule.

INVOICING AND PAYMENT

8. CVWD shall enter into a contract with WEST YOST and pay submitted invoices per the terms of the contract.

9. CVWD shall invoice each Party for reimbursement of its cost-share percentage of paid invoices on a quarterly basis.

10. Each Party shall pay the invoice submitted by CVWD within 30 days of receipt of the invoice.

OTHER PROVISIONS

11. All terms of the MOU remain unchanged, except, as supplemented herein.

12. The term of this FIRST SUPPLEMENT shall be from the date on which all Parties sign this FIRST SUPPLEMENT (“Effective Date”) to the date of completion of the Project.

13. Any Party terminating participation in the MOU, and by extension this FIRST SUPPLEMENT, shall be responsible for its share of the Project costs, as set forth in the MOU and this FIRST SUPPLEMENT, which are incurred on or before the effective date of said termination.

14. During the term of this FIRST SUPPLEMENT, the Parties shall ensure that Confidential Information shall not be disclosed to any person or entity. Each Party agrees to protect the confidentiality of the Confidential Information of the other in the same manner that it protects the confidentiality of its own confidential information but in no event shall either Party exercise less than reasonable care in protecting such Confidential Information. Any and all requests for information related to the Project shall be shared with the other Parties so that they may identify Confidential Information. If any Party receives a subpoena or other validly issued administrative or judicial process requesting Confidential Information of one or more of the other Parties, it shall provide prompt notice to the other of such receipt. The Party receiving the subpoena shall thereafter be entitled to comply with such subpoena or legal process to that extent permitted by law. The Parties’ obligations under this provision shall be binding and shall survive the expiration or termination of this FIRST SUPPLEMENT.

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Item 20.
4 15. This FIRST SUPPLEMENT may be executed in any number of counterparts, each of which shall be deemed original, but all of which, when taken together, shall constitute one and the same instrument.

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Item 20.
5 IN WITNESS WHEREOF, the Parties have executed this FIRST SUPPLEMENT as of the date indicated below.

Justin Clifton
City of Palm Springs
Date
J. M. Barrett
Coachella Valley Water District
Date
Gabriel Martin
City of Coachella
Date
Mark S. Krause
Desert Water Agency
Date
Bryan H. Montgomery
Indio Water Authority
Date
Arden Wallum
Mission Springs Water District
Date
Michele Donze
Myoma Dunes Mutual Water Company
Date
Beverli A. Marshall
Valley Sanitary District
Date

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Item 20.
1 MEMORANDUM OF UNDERSTANDING

REGARDING COLLABORATION ON THE

COACHELLA VALLEY SALT AND NUTRIENT MANAGEMENT PLAN
This memorandum of understanding (MOU) is entered into among the Parties identified herein for the purpose of collaborating on the development of a workplan to update the Coachella Valley Salt and Nutrient Management Plan (CV-SNMP) and on subsequent work that may arise from the CV-SNMP Development Workplan and Groundwater Monitoring Program Workplan. The Partiesto this MOU shall be collectively referred to herein as “Parties”and individually as “Party.” Parties

1. City of Palm Springs, a charter city that owns its wastewater treatment plant and manages municipal wastewater within its service area.

2. Coachella Valley Water District(CVWD), a county water district organized under the California County Water District Law, codified at Sections 30000, et seq., of the California Water Code and the Coachella Valley Water District Merger Law, Water Code section 33100, et seq.

3. City of Coachella, a general-law City that provides water service through the Coachella Water Authority, a joint powers authority formed as a component of the City of Coachella and the HousingAuthority of the City of Coachella, and manages municipal wastewater in its service area through its subsidiary Coachella Sanitary District.

4. Desert Water Agency (DWA), an independent special district organized under the Desert Water Agency Law, codified at Sections 100-1, et seq., of the Appendix to the California Water Code.

5. Indio Water Authority, a joint powers authority formed as a component of the City of Indio and Housing Authority of the City of Indio.

6. Mission Springs Water District, a county water district organized under the California County Water District Law, codified at Sections 30000, et seq., of the California Water Code.

7. Myoma Dunes Mutual Water Company, a mutual water utility system organized under California Corporations Code Sections 14300, regulated under the U.S. EPA Safe Drinking Water Act, and by California’s Water Code, Health and Safety Code.

8. Valley Sanitary District, a California special district, which operates under the authority of the Health and Safety Code, Sanitary District Act of 1923, Sections 6400 et seq.

RECITALS
A. The Policy for Water Quality Control for Recycled Water (Recycled Water Policy) required local water and wastewater agencies, together with local salt contributing stakeholders to develop a Salt and Nutrient Management Plan (SNMP) for those basins identified as “priority basins,” to help address the potential for recycled water use to impact groundwater quality and to promote basin-wide management of salts and nutrients in groundwater.

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Item 20.
2 B. The CV-SNMP was prepared and submitted to the Colorado River Basin Regional Water Quality Control Board (Regional Board) in June of 2015, but was not adopted by the Regional Board because certain components were considered to be insufficient.

C. On February 19, 2020, in accordance with the Recycled Water Policy as amended in 2018, the Regional Board, prior to adopting a determination on the CV-SNMP, provided specific findings regarding which components of the CV-SNMP were found to be insufficient and recommendations to develop an acceptable SNMP.

D. The Parties, which are composed of local water and wastewater agencies, have agreed that it is in their mutual interest to collaborate on the development of an updated CV-SNMP, and further agreed to collaboratively prepare a CV-SNMP Development Workplan and Groundwater Monitoring Program Workplan, as agreed to with the Regional Board and confirmed in their subsequent communication dated April 27, 2020.

NOW, THEREFORE, it is mutually understood and agreed as follows:

1. Preparation of the CV-SNMP Development Workplan
The Parties will collaborate on the preparation of the CV-SNMP Development Workplan and Groundwater Monitoring Program Workplan.
a. Consultant: The Partiesselected Wildermuth Environmental, Inc. (WEI) to prepare the CV-SNMP Development Workplan and Groundwater Monitoring Program Workplan. CVWD has retained WEI on behalf of the Partiesto complete this work.
b. Cost-Share: The not-to-exceed cost for preparing the SNMP Development Workplan and Groundwater Monitoring Program Workplan is $226,578.00. Each Party will be responsible for an equal share of the not-to-exceed cost for preparing these deliverables. c. Billing: WEI will submit monthly invoices to CVWD. CVWD will initially be responsible for payment of such invoices, but will, in turn, invoice each of the other Partiesfor their equal share of each invoice.

2. Implementation of Monitoring Workplan
The Parties will collaborate on the implementation of the Groundwater Monitoring Program Workplan. a. Monitoring: Each Party will be responsible for monitoring wellsidentified for inclusion in the monitoring network, in accordance with the Groundwater Monitoring Program Workplan, that are within their ownership or, if it is a customer-owned well, within their jurisdiction.Where jurisdictions overlap, the Parties with overlapping jurisdictions will designate the Party that will monitor individual customer-owned wells.
b. Reporting: Each Party will be responsible forsubmitting monitoring data according to the schedule and format identified in the Groundwater Monitoring Program Workplan.

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Item 20.
3 c. Monitoring Costs: Each Party will be responsible for absorbing its own costs related to implementation of its individual monitoring responsibilities identified in the Groundwater Monitoring Program Workplan.

3. Preparation of the Updated CV-SNMP
The Parties will collaborate on the development of an updated CV-SNMP following completion of and in accordance with the recommendations in the SNMP Development Workplan. The means of procuring consulting services and need to share additional costs associated with the development of the updated CV-SNMP will be addressed in future amendments to this MOU.

4. Participation by Other Local Salt Contributing Stakeholders It is the stated goal of the Partiesto expand participation in this collaboration to any and all interested local salt contributing stakeholders. Addition of Parties and associated cost-share provisions will be addressed in future amendments to this MOU.

5. General Provisions Governing MOU
a. Term. The term of this MOU shall be from the date the second Party signs this MOU (“Effective Date”). This MOU shall be effective as to any Partiesthat execute it, whether or not all named Parties execute it.
b. Modification. This MOU may be amended in a writing signed by a duly authorized officer or representative of each of the Parties hereto.
c. Termination. Any Partymay terminate its participation in this MOU upon thirty (30) days prior written notice to the other Partiesfor any reason or no reason. Any Party terminating or otherwise ceasing its participation in this MOU shall be responsible for its share of the costs, as set forth herein, which are incurred on or before the effective date of said termination. d. Dispute Resolution. Each Party shall use its best efforts and work wholeheartedly and in good faith for the expeditious completion of the objectives of this MOU and the satisfactory performance of its terms. The Parties will attempt in good faith to resolve any dispute or disagreement arising out of or in relation to this MOU. If the dispute or disagreement cannot be settled amicably within fourteen (14) days from the date on which either Party has served written notice on the other Parties, the dispute or disagreement will be resolved by a simple majority vote. Final decisions agreed upon by a majority of the Parties will become binding on all Parties.
e. Payment Default. In the event a Party (Defaulting Party) fails or refuses to make any of its payments under this MOU, CVWD will provide a 30-day notice to cure to the Defaulting Party. If the Defaulting Party does not make the required payment before expiration of the 30-day notice period, the Defaulting Party shall be deemed to have terminated its participation in this MOU. The Defaulting Party shall remain responsible for its share of the costs, as set forth herein, which are incurred on or before the expiration of the 30-day notice period. After the Defaulting Party has been deemed to have terminated its participation in this MOU, each

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Item 20.
4 remaining Party will be responsible for an equal share of the remaining not-to-exceed cost for preparing the deliverables.
f. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed to be an original.

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Item 20.

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Item 20.

IN WITNESS WHEREOF, the Parties have executed this MOU as of the day and year indicated below.

David H. Ready
City of Palm Springs
William Pattison
City of Coachella
Mark S. Krause
Desert Water Agency
Trish Rhay
Indio Water Authority
Arden Wall um
Mission Springs Water District
Mark Meeler
Myoma Dunes Mutual Water Company
Beverli A. Marshall
Valley Sanitary District
Date
Date
Date
Date
Date
Date
Date
Date
5

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Item 20.

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Item 20.
5 IN WITNESS WHEREOF, the Parties have executed this MOU as of the day and year indicated below.

David H. Ready Date
City of Palm Springs
J.M. Barrett Date
Coachella Valley Water District
William Pattison Date
City of Coachella
Mark S. Krause Date
Desert Water Agency
Trish Rhay Date
Indio Water Authority
Arden Wallum Date
Mission Springs Water District
Mark Meeler Date
Myoma Dunes Mutual Water Company
Beverli A. Marshall Date
Valley Sanitary District
December 15, 2020

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Item 20.
11/18/20

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Item 20.
5 IN WITNESS WHEREOF, the Parties have executed this MOU as of the day and year indicated below.

David H. Ready Date
City of Palm Springs
J.M. Barrett Date
Coachella Valley Water District
William Pattison Date
Coachella Water Authority
Mark S. Krause Date
Desert Water Agency
Trish Rhay Date
Indio Water Authority
Arden Wallum Date
Mission Springs Water District
Mark Meeler Date
Myoma Dunes Mutual Water Company
Beverli A. Marshall Date
Valley Sanitary District

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Item 20.

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Item 20.

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Item 20.

DATE: 2/25/2022 File: 72.07
0710.1017.14
SPECIFICATION TITLE: Implement Workplan to Develop The Coachella Valley Salt and Nutrient Management Plan SPECIFICATION NUMBER: 2022-8
PROJECT MANAGER: Zoe Rodriguez

PROPOSERS/ADDRESSES DATE

RECEIVED
DATE
OPENED

AMOUNT OF PROPOSAL
West Yost Associates
2020 Research Dr., #100
Davis, CA 95618
2/24/2022 2/25/2022 $2,556,297*
Woodard & Curran
2175 North California Blvd., Ste. 315
Walnut Creek, CA 94596
2/25/2022 2/25/2022 $2,307,256
RFP COMMITTEE ATTENDEES: N/A (Electronic Submission on Planetbids)

REGISTER OF PROPOSALS
*Note: This amount includes a reduction to remove a 10% contingency noted by the Consultant. This amount should not be considered in the comparison of cost proposals.

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Item 20.

RFP NUMBER: 2022-8
RFP TITLE: Implement Workplan to Develop The Coachella Valley Salt and Nutrient Management Plan DATE: 4/11/2022

EVALUATOR PROPOSER PROPOSER

NAMES WEST YOST WOODARD & CURRAN
EVALUATOR 1 81 72
EVALUATOR 2 82 78
EVALUATOR 3 84 81
EVALUATOR 4 82 82
EVALUATOR 5 82 79
EVALUATOR 6 84 73
EVALUATOR 7 83 79
EVALUATOR 8 0 0
TOTALS 578 544
INTERVIEW RANKING 1 2
Note: Evaluator 8 was unable to attend interviews.

INTERVIEW SCORING CONSOLIDATION

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Item 20.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel D. Martin, City Manager
SUBJECT: Resolution No. 2022-85 A Resolution of the City Council of the City of Coachella, California, declaring the second Monday in October as Indigenous Peoples’ Day Holiday; encouraging other institutions to recognize the day; and reaffirming the City Council’s commitment to promote the well-being and growth of The Coachella Valley’s Indigenous Community.

RECOMMENDATION (BY MAYOR PRO TEM GONZALEZ AND COUNCIL MEMBER BEAMAN JACINTO):

Review, discuss, and adopt Resolution No. 2022-85 declaring the second Monday in October as Indigenous Peoples’ Day Holiday, encouraging other institutions to recognize the day, and reaffirming the City Council’s commitment to promote the well-being and growth of The Coachella Valley’s Indigenous Community.

EXECUTIVE SUMMARY:

The proposed Resolution would declare the second Monday in October as Indigenous Peoples’ Day Holiday in the City of Coachella, encourage other institutions to do the same, and express the City Council’s commitment to promote the well-being of The Coachella Valley’s Indigenous community. Adoption of this Resolution recognizes the second Monday in October as a holiday for City departments and employees.

BACKGROUND:

Indigenous Peoples’ Day was first proposed in 1977 by a delegation of Native Nations to the United Nations-sponsored International Conference on Discrimination Against Indigenous Populations in the Americas. On December 16, 2010, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples (the “Declaration”) and the Declaration recognizes that “indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources”; In 2011, the Affiliated Tribes of Northwest Indians, representing 59 Tribes from Washington, Oregon, Idaho, Northern California, Western Montana and some Alaskan Tribes, passed resolution #11-57 to “Support to Change Columbus Day, (2nd Monday of October) to Indigenous Peoples’ Day.”

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Item 21.

DISCUSSION/ANALYSIS:

While it is important to recognize the contributions that peoples from all over the world have made to the history of our community, it is equally important to understand and acknowledge that places like the Coachella Valley were originally home to many Indigenous people for thousands of years.

The Coachella City Council recognizes that the Indigenous Peoples of the lands that would later become known as the Americas have occupied these lands since time immemorial and recognizes the fact that the Coachella Valley is built upon the homelands and villages of the Indigenous Peoples of this region, without whom the building of the City would not have been possible. The City Council values the many contributions made to the community through Indigenous Peoples’ knowledge, labor, technology, science, philosophy, arts and cultural contribution that has substantially shaped the character of the City of Coachella.

The City Council has a responsibility to oppose the systematic racism towards Indigenous people in the United States, which perpetuates high rates of poverty and income inequality, exacerbating disproportionate health, education, and social crises. The City Council promotes the closing of the equity gap for indigenous Peoples through policies and practices that reflect the experiences of Indigenous Peoples, ensure greater access and opportunity, and honor our nation’s indigenous roots, history, and contributions.

The City Council affirms its willingness to organize and participate in an annual Indigenous Peoples’ Day celebrations and activities. The City recognizes Indigenous Peoples’ Day as a day to celebrate the history, culture, and governments of indigenous peoples of our state. The City Council encourages its partners and vendors to recognize Indigenous Peoples’ Day on the second Monday in October. The City Council encourages all schools to teach about the history, culture, and governments of indigenous peoples of our state and give special focus to the history, culture, and governments of indigenous peoples on the second Monday of October.

The proposed Resolution would express the City Council’s strong supports for the proposition that Indigenous Peoples’ Day shall be an opportunity to celebrate the thriving cultures and values of the Indigenous Peoples of the region. The proposed Resolution would encourage other businesses, organizations, and public institutions to recognize Indigenous Peoples’ Day and express the City Council’s firm commitment to continue its efforts to promote the well-being and growth of The Coachella Valley’s Indigenous community. The proposed Resolution would declare the second Monday in October as Indigenous Peoples’ Day Holiday in the City of Coachella. Adoption of this Resolution recognizes the second Monday in October as a holiday for City departments and employees.

ATTACHMENT:

1. Resolution No. 2022-85

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Item 21.
80237.00000\33245690.2
RESOLUTION NO. 2022-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, DECLARING THE SECOND MONDAY
IN OCTOBER AS INDIGENOUS PEOPLES’ DAY HOLIDAY IN THE
CITY OF COACHELLA; ENCOURAGING OTHER INSTITUTIONS TO
RECOGNIZE THE DAY; AND REAFFIRMING THE CITY COUNCIL’S

COMMITMENT TO PROMOTE THE WELL-BEING AND GROWTH OF
THE COACHELLA VALLEY’S INDIGENOUS COMMUNITY
WHEREAS, long before Europeans settled in North America, the ancestors of Native Americans were the original, indigenous inhabitants, explorers, and settlers of the lands that have since become the United States; and
WHEREAS, it is impossible to fully understand the history of California without understanding the history of the indigenous people who have lived within the current boundaries of the state for thousands of years; and
WHEREAS, the State of California is home to more people of Native American heritage than any other state in the country; and
WHEREAS, there are currently 109 federally recognized Native American tribes in California and several additional tribes petitioning for federal recognition through the Bureau of Indian Affairs; and
WHEREAS, the Coachella City Council recognizes that the Indigenous Peoples of the lands that would later become known as the Americas have occupied these lands since time immemorial; and
WHEREAS, the City Council recognizes the fact that the Coachella Valley is built upon the homelands and villages of the Indigenous Peoples of this region, without whom the building of the City would not have been possible; and
WHEREAS, the City Council values the many contributions made to our community through Indigenous Peoples’ knowledge, labor, technology, science, philosophy, arts and cultural contribution that has substantially shaped the character of the City of Coachella; and WHEREAS, the City Council has a responsibility to oppose the systematic racism towards Indigenous people in the United States, which perpetuates high rates of poverty and income inequality, exacerbating disproportionate health, education, and social crises; and WHEREAS, the City Council promotes the closing of the equity gap for Indigenous Peoples through policies and practices that reflect the experiences of Indigenous Peoples, ensure greater access and opportunity, and honor our nation’s indigenous roots, history, and contributions; and

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Item 21.
80237.00000\33245690.2
Resolution No. 2022-85

Page 2 ends

WHEREAS, the City seeks to promote events related to indigenous culture; and WHEREAS, Indigenous Peoples’ Day was first proposed in 1977 by a delegation of Native Nations to the United Nations-sponsored International Conference on Discrimination Against Indigenous Populations in the Americas; and
WHEREAS, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples (the “Declaration”) on December 16, 2010 and the Declaration recognizes that “indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources”; and WHEREAS, in 2011 the Affiliated Tribes of Northwest Indians, representing 59 Tribes from Washington, Oregon, Idaho, Northern California, Western Montana and some Alaskan Tribes, passed resolution #11-57 to “Support to Change Columbus Day, (2nd Monday of October) to Indigenous Peoples’ Day.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella, California, as follows:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. Declaring Indigenous Peoples’ Day, the Second Monday in October as a City Holiday. The City Council declares the second Monday in October as Indigenous Peoples’ Day and as a City holiday in the City of Coachella. Adoption of this Resolution recognizes the second Monday in October as a holiday for City departments and employees.

SECTION 3. The City Council strongly supports the proposition that Indigenous Peoples’ Day shall be an opportunity to celebrate the thriving cultures and values of the Indigenous Peoples of our region. The City Council encourages other businesses, organizations, and public institutions to recognize Indigenous Peoples’ Day. The City Council firmly commits to continue its efforts to promote the well-being and growth of The Coachella Valley’s Indigenous community. The City Council directs the City Manager to work with City Departments, Native American tribes and historians to correct omissions of Native American presence in public places, resources and cultural programming.

SECTION 4. The City Council affirms its willingness to organize and participate in an annual Indigenous Peoples’ Day celebrations and activities. The City recognizes Indigenous Peoples’ Day as a day to celebrate the history, culture, and governments of indigenous peoples of our state. The City Council encourages its partners and vendors to recognize Indigenous Peoples’ Day on the second Monday in October. The City Council encourages all schools to teach about the history, culture, and governments of indigenous peoples of our state and give special focus to the history, culture, and governments of indigenous peoples on the second Monday of October.

SECTION 5. CEQA. The City Council hereby finds and determines that this Resolution will not result in direct or indirect physical changes in the environment, and therefore

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Item 21.
80237.00000\33245690.2
Resolution No. 2022-85

Page 3 ends

is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 6. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 14th day of September 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Item 21.
80237.00000\33245690.2
Resolution No. 2022-85

Page 4 ends

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-85 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the day of 14th September 2022 by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Page 351 ends

Item 21.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Nathan Statham, Finance Director
SUBJECT: Resolution No. 2022-86 authorizing the purchase and implementation of a new enterprise resource planning system.

STAFF RECOMMENDATION:

Approve Resolution No. 2022-84 authorizing the purchase and implementation of a new enterprise resource planning system and appropriate a total project budget not to exceed $1,380,000.

BACKGROUND:

The City currently utilizes Tyler Technologies, Inc. (Tyler)’s Eden product as a full ERP. The system was implemented in 2002 and is not fully capable of handling the City’s increased system needs. The Current system is employed for financial reporting, business licenses, building permits, payroll, vendor and procurement tracking, utility billing and human resources (partial). In late 2021 the City was made aware that Tyler was planning on phasing out the Eden system due to obsolescence. In February of 2022 the City was notified that a sunset date of March 1, 2027 had been implemented.

Given that a full ERP system implementation is likely to exceed 2 years from initial planning to go-live, City staff began evaluating options in December of 2021 to determine a path forward.

Based on a fiscal analysis and reviews of other available products, it was determined that the most equitable approach for the City would be to move from Tyler Eden to Tyler Munis, Tyler’s current product. City staff sat through demos for the utility billing, financial, permitting and HR/payroll modules in December of 2022.

DISCUSSION/ANALYSIS:

Implementing a new ERP system will be a monumental undertaking for the City. The ERP system cost does not represent the full cost of implementation. The project budget below outlines areas where additional direct costs will be incurred. In addition to this, Council will see delays in other City activities as the implementation progresses. This new system will add significant new functionality in multiple areas as outlined below. All City departments and a significant number of City staff will be involved in setting up, implementing and learning the new system.

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Item 22.

New system enhancements:

Some of the included new system enhancements in addition to a more modern and capable platform are listed below:
- Fully functional permitting system - The City currently inputs permit charges in the system, but workflow tracking is done outside of the system manually with paper files. The new system will allow residents to submit, track, edit and pay for permits all from an externally accessible user account interface.
- Fully functional business license, cannabis and TOT tax payment portal – The City currently asks businesses to fill out PDF or paper tax returns and submit them in person or via email. There is no error checking for correct inputs and the business is unable to track the status of their returns or payments. The new system will have fully integrated business user functionality allowing for input, tracking and payment of all City taxes and payments. - Project and grant accounting – projects and grants are currently tracked through account coding and getting a real time project or grant balance is a manual process prone to errors.

The new system will have a fully integrated project and grant accounting component. - Paperless functionality – Currently departments retain varying levels of paper records.

Digital records are stored in separate file systems outside of the current ERP system. This adds time for looking up the records. The new system will have full in-system document retention functionality. Scanned records will be accessible directly from all components of the system.

Procurement process:

Tyler is an industry leading municipal software provider with clients in the 2,000 municipality range. There are very few alternative providers in this space and the number one consideration identified by staff was a fully integrated ERP product. Many vendors in the municipal software space sub out to other software providers for specific modules. City staff evaluated other software products and Tyler was the one product that covered the City’s needs.

This item was not competitively evaluated given following benefits of continuing service with Tyler:
- The City currently employs Tyler Cashiering at a cost of $29,000. Utelizing another provider would require the City purchase and train customer service staff in the utilization of the new system. Tyler Cashiering would seamlessly transition to the new Tyler product. - License fees are not being charged for product modules that the City has already paid license fees for. Total savings from license fee removals is $274,000. - Currently the City uses Executime for time and attendance tracking, this product is integrated with Tyler, the City would potentially need to purchase a new time and attendance system with related hardware if another vender were utilized. - Since this is a Tyler to Tyler product, the City will be able to keep the current system running concurrent with the existing system without paying annual maintenance fees for both systems.

The summary quoted system cost from Tyler Munis is shown below:

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Item 22.

Project budget:

The below project budget will vary by category as the implementation process progresses. Costs incurred in some categories will offset other categories e.g. specialized consultants could be engaged for utility billing or City staff could handle the tasks utilizing more overtime. The optimal mix will depend on the circumstances in play at the particular stage of the project.

System implementation $948,944
Annual fee (1st year) $210,336
Project manager $39,400
Additional training $12,000
Specialized consultant staff $46,300
Staff over-time (1,500 hours) $84,660
Travel expense (Tyler team) $38,360
Total project budget $1,380,000
Anticipated implementation timeline:

The primary installation module is the financial module since all other modules build into the established chart of account structure in the financial module. The City’s current chart of accounts contain inconsistencies incorporated over the years. The initial project push will be to update the current chart of accounts in the Eden system to transition to the new system. It will greatly simplify the transition to start on the first day of a fiscal year which is anticipate in the implementation timeline below.

This outline is a big picture outline of the project implementation. Concurrent implementations are anticipated in the permit and human resources modules. If staffing levels preclude concurrent implementation the total project implementation time line will be extended.

Mile Stone Anticipated Completion Window
Contract finalization and approval By December 2022
Update to chart of accounts Jan 1, 2023 – June 30, 2023 New system setup July 1, 2023 – June 30, 2024
Go live for financial system July 1, 2024

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Item 22.

Go live Permit module Sept 30, 2024
Go live human resources module Sept 30, 2024
Go live project and grant management Dec 31, 2024
FISCAL IMPACT:

The project is not expected to exceed $1,380,000. Funding sources for this project are:
- $531,200 from the general fund with cost allocations of approximately $149,400 from the water and $149,400 from the sewer funds respectively.
- $550,000 from ARPA funds.

The City currently has $550,000 in ARPA funds earmarked for this project and has assigned fund balance in the general fund of $600,000. The proposed funding would un-assign $68,800 to be applied toward unassigned reserves.

This action appropriates $531,200 in the general fund (101), $149,400 in the water fund (178), $149,400 in the sewer fund (361) and $550,000 in the grants fund (152) and approves transfers between respective funds to facilitate project funding.

ALTERNATIVES:

1. Approve Resolution No. 2022-86 authorizing the purchase and implementation of a new ERP system.

2. Not move forward with the purchase and implementation of a new ERP system at this time.

ATTACHMENTS
Resolution 2022-86

Page 355 ends

Item 22.

RESOLUTION NO. 2022-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, AUTHORIZING THE PURCHASE AND

IMPLEMENTATION OF A NEW ENTERPRISE RESOURCE PLANNING
SYSTEM.

WHEREAS, the City is currently using Tyler Technologies (Tyler)’s Eden product as its enterprise resource planning system (ERP).

WHEREAS, the City has been notified by Tyler that Eden is scheduled to sunset on March 1, 2027.

WHEREAS, Tyler’s Munis product is the newer ERP platform replacing Eden The City has determined that cost saving are generated from keeping the same software vendor since concurrent systems can be run without paying duplicative annual fees.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Coachella, as follows:

Section 1. The City Council hereby finds and determines that the foregoing Recitals of this Resolution are true and correct and hereby incorporated into this Resolution as though fully set forth herein.

Section 2. The City Manager or Finance Director is authorized to enter into a contract with Tyler Technologies for the procurement, implementation and ongoing service costs of implementing the more current Tyler platform not to exceed the total project budget of $1,380,000.

Section 3. The City Manager or Finance Director is authorized to enter into an agreement or agreements with consultants to assist with new system implementation or to cover existing workloads for City staff being reassigned to system implementation not to exceed the total project budget of $1,380,000.

Section 4. The Finance Director is authorized to implement special implementation pay for employees not entitled to overtime but required to work additional hours on system implementation specific assignments (excluding directors) not to exceed the total project budget of $1,380,000.

PASSED, APPROVED and ADOPTED this 14th day of September 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:

Page 356 ends

Item 22.

Resolution No. 2022-86

Page 2 ends

___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Page 357 ends

Item 22.

Resolution No. 2022-86

Page 3 ends

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-86 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 14 th day of
September 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Page 358 ends

Item 22.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Nathan Statham, Finance Director
SUBJECT: Transfer Fire Engine 279 to Riverside County under the current fire engine use agreement.

STAFF RECOMMENDATION:

Approve resolution No. 2022-87 authorizing the City Manager to Transfer Fire Engine 279 to Riverside County (County) under the current fire engine use agreement.

BACKGROUND:

The City owns and maintains two type 1 fire engines. Fire engine 79 was in service as the City’s primary fire engine until it was struck by another vehicle while on scene at an emergency incident in March of this year and rendered inoperable. Fire engine 279 has been retained and maintained as the City’s secondary backup fire engine. Since Engine 79 became inoperable Engine 279 has been the primary response unit for the City.

Fire engines that reach the end of their useful lives of 15 years for a primary unit and 20 year for a secondary unit require replacement to maintain compliance with safety standards. Engine 279 is a 2004 model with 300k equivalent miles. As a secondary engine it will reach the end of its useful service life in 2024. Engine 79 is a 2007 model and reached the end of its useful service life as a primary unit this year. Even if unit 79 was repaired, it would not be eligible to go back into service as a primary unit.

The City currently has an additional service (Fire Engine Use Agreement) included in its contract with the County. The Fire Engine Use Agreement ensures that the City has access to the County’s fire engine fleet pool. This serves two purposes. If the City needs a backup Fire engine while the primary engine is inoperable one would be provided, if the secondary unit was then rendered inoperable, a third unit would be provided and so on ensuring the City always has an operable fire engine. The second provision is that the City would receive a new or newer fire engine to replace the existing fire engine when the existing fire engine reaches the end of its service life (15 years) or becomes inoperable.

Since 2009 the City has paid $334,000 into the replacement fund under the Fire Engine Use Agreement. If the City had taken steps to fully transfer its fire engine assets to the County, the City would now be in the que for a new fire engine to replace Engine 79 at no additional cost to the

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Item 23.

City. However, neither Fire engine 79 nor Fire Engine 279 were ever transferred to the County which is a requirement for receiving a replacement fire engine when needed.

Fire Engine 79 was insured by the City. The insurance adjuster appraised the Engine 79 at $105,260. The cost to fix the damage to the engine was assessed at $50,795 with the City’s self insurance retention amount of $25,000 not being covered. After reviewing the damage and insurance adjuster report, City and County Fire staff do not believe adequate repairs can be done for $50,795. The insurance adjuster specifically states that replacement parts would be from wrecked/scrapped vehicle which is not considered acceptable for a public fire safety vehicle. Based on fire staff observations, it does not appear the insurance adjuster pulled the cab to see what damage there is under the hood and no mention was made of repairing and pressure testing the engine’s water tank that is clearly damaged in the adjuster’s photos. City and County Fire staff believe the repair costs to restore the engine to the required specifications necessary for the engine to be place in service and retained or sold would exceed the market value of the vehicle.

DISCUSSION/ANALYSIS:

Given that Engine 79 has reached the end of its useful life, making repairs is not a feasible option.

Even if the engine were repaired, it would only be a backup engine leaving the City with two back up engines and no primary engine. This would require the purchase of a new primary engine.

If the City transfers title of engine 279 to the County, the engine will go into rotation for replacement. Given that the engine is near the end of its useful life, it would be prioritized for replacement. The City would then be able to scrap Engine 79 and retain $50,795 that would otherwise go toward repairs or a new engine. The City would have further savings from not having to pay insurance or maintenance on either engine.

FISCAL IMPACT:

There is no direct fiscal impact from transferring Engine 279 to the County. The City would be able to forego the purchase of a new primary fire engine for $875,000. The City would also incur savings from not having to insure and maintain the new primary and remaining (Engine 279) secondary engine.

ALTERNATIVES:

1. Approve Resolution No. 2022-87 authorizing the City Manager to Transfer Fire Engine 279 to the County under the current fire engine use agreement for replacement by the County.

2. Decide to move forward with purchasing a replacement primary fire engine through direct purchase by the City with an estimate cost of $875,000. This alternative would also require the City to continue paying $36,000 per year under the Fire Engine Use Agreement and provide maintenance and insurance costs for the new primary fire engine.

ATTACHMENTS
Resolution 2022-87

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Item 23.

RESOLUTION NO. 2022-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, AUTHORIZING THE TRANSFER OF
CITY FIRE ENGINE 279 TO THE COUNTY OF RIVERSIDE PER THE

TERMS OF THE FIRE ENGINE USE AGREEMENT BETWEEN THE

CITY AND COUNTY
WHEREAS, the City currently owns and maintains two type one fire engines.

WHEREAS, Engine 79 was in service as the primary fire engine and Engine 279 was serving as a back up. Engine 79 was struck by another vehicle on March 5, 2022 and was rendered inoperable in the collision.

WHEREAS, the City participates in a fire engine use agreement with the County of Riverside (County) making annual payments into the fire engine replacement component of the agreement with annual payments of $36,250 and has participated in this agreement since 2007.

WHEREAS, the City never transferred the title of either fire engine to the County thereby making the City ineligible for a replacement fire engine through the fire engine use agreement fire engine replacement program.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Coachella, as follows:

Section 2. The City Manager is hereby authorized and directed to execute all ownership and insurance forms and agreements necessary to transfer ownership of Engine 279 to the County of Riverside for eligible participation in the Fire Engine Use Agreement.

PASSED, APPROVED and ADOPTED this 14th day of September 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk

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Item 23.

Resolution No. 2022-87

Page 2 ends

APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Item 23.

Resolution No. 2022-87

Page 3 ends

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-87 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 14 th day of
September 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Page 363 ends

Item 23.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Manager
SUBJECT: Adoption of Resolution No. WA-2022-05 Adopting Level 2 Demand Reduction Actions As Outlined In The Authority’s Water Shortage Contingency Plan, And As Required By The State Water Resources Control Board’s Drought Emergency Rulemaking
STAFF RECOMMENDATION:

Adopt the proposed Resolution declaring a water shortage level 2 as described in the Coachella Water Authority Water Shortage Contingency Plan (WSCP); implementing all of the demand reduction items identified in the WSCP relating to a water shortage level 2; and prohibiting the use of potable water for irrigation of non-functional turf.

DISCUSSION/ANALYSIS:

The City of Coachella, through the Coachella Water Authority (CWA), is an urban water supplier and is required to comply with the regulations which require the City to implement all requirements and actions of its Water Shortage Contingency Plan (WSCP). CWA’s WSCP was adopted by its Board on June 23, 2021.

On July 8, 2021, the Governor issued Executive Order N-10-21 calling on all Californians to voluntarily cut water consumption by 15% from 2020 levels.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22. Per the executive order, the SWRCB was asked to consider adopting emergency regulations by May 25, 2022, that require urban water suppliers to, at a minimum, enact level 2 shortage actions, and consider banning irrigation of “non-functional turf” in commercial, industrial, and institutional sectors.

Per the Executive Order, “non-functional turf” is defined as turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields and parks. The ban would only apply to non-functional turf within commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

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Item 24.

Table 1. Demand Reduction Actions
Shortage
Level ID Demand Reduction Actions
Expected
Relative
Impact
Penalty or
Enforcement
1 1.1 Applying any water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent
property, non-irrigated areas, private and public
walkways, roadways, parking lots, or structures is
prohibited.

Low No

1.2 Using any water in a fountain or other decorative
water feature is prohibited, unless the water
recirculates.

Low No

1.3 Applying water to driveways, sidewalks, concrete or asphalt is prohibited unless to address immediate
health and safety needs. Reasonable pressure
washer or water broom use is permitted.

Low No

1.4 Spray irrigation of outdoor landscapes during and
within 48 hours after rainfall of 0.10 inches is
prohibited.

Low No

1.5 Using a hose to wash a vehicle, windows, or solar
panels is prohibited unless an automatic shut-off
nozzle or pressure washer is used.

Low No

1.6 Broken sprinklers shall be repaired within five
business days of notification by agency, and leaks
shall be repaired as soon as practical.

Low No

1.7 Draining and refilling of private swimming pools is discouraged, unless necessary for health and safety
or leak repair.

Low No

1.8 Hotels will provide guests the option of choosing not to have towels and linens laundered daily.

Low No

1.9 Agency shall discourage overseeding. Low No

1.10 Agency shall provide rebates for landscape efficiency. High No

1.11 Agency shall offer water use surveys/audits. Medium No

1.12 Agency shall provide rebates on plumbing fixtures and devices.

Medium No
2 2.1 Outdoor water use is prohibited during daylight hours for spray irrigation except for leak checks or with an
agency approved conservation alternative plan.

Medium Yes

2.2 Restaurants can serve water only on request. Low Yes

2.3 Agency shall encourage use of non-potable water for construction, if available.

Low No

2.4 Agency shall actively discourage overseeding. Medium No

2.5 Agency shall expand public information campaign. Medium No

2.6 Agency shall increase water waste patrols. Medium Yes

2.7 Agency shall reduce hydrant and dead-end line
flushing.

Low No
FISCAL IMPACT:

No Fiscal Impact

Page 365 ends

Item 24.

RESOLUTION NO. WA-2022-05
RESOLUTION ADOPTING LEVEL 2 DEMAND REDUCTION ACTIONS AS OUTLINED IN THE AUTHORITY’S WATER SHORTAGE CONTINGENCY PLAN, AND AS REQUIRED BY THE STATE WATER RESOURCES CONTROL BOARD’S

DROUGHT EMERGENCY RULEMAKING
WHEREAS, the State of California (“State”) is now in its third consecutive year of drought, and in each year of the current drought, annual precipitation levels were inadequate to fill the state’s key reservoirs; and
WHEREAS, the City of Coachella (“City”) through the Coachella Water Authority is an urban water supplier as defined in Water Code Section 10617; and WHEREAS, the City has been promoting conservation as a way of life and water efficiency practices, while eliminating wasteful water use; and WHEREAS, on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, the California Governor (“Governor”) proclaimed states of emergency that continue today and exist across all counties of California, due to extreme and expanding drought conditions; and WHEREAS, the Statewide water use reduction goal of 15 percent from 2020 levels has not been achieved; and
WHEREAS, on March 28, 2022, the Governor reaffirmed these provisions and directed the State Water Resources Control Board (SWRCB) to consider adopting emergency regulations that will lead to enhanced water conservation and improved drought resiliency; and WHEREAS, on May 24, 2022, SWRCB adopted Emergency Regulations to Reduce Water Demand and Improve Water Conservation (California Code of Regulations, Title 23, section 996 [“Section 996”]), to respond to emergency conditions and facilitate statewide urban conservation; and
WHEREAS, the regulations require urban water suppliers, including the City, to implement certain water conservation measures contained in their water shortage contingency plans; and
WHEREAS, the regulations specifically require the City to implement the requirements and actions as specified in Stage II of the Water Shortage Contingency Plan; and WHEREAS, the City desires to implement the appropriate water conservation measures contained in the Water Shortage Contingency Plan to ensure a stable and reliable water supply for residents and businesses to help the State address ongoing drought, and to fully comply with the Regulations.

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Item 24.

Resolution No. WA-2022-05

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Coachella Water Authority as follows:

1. All of the above recitals are true;

2. The City hereby declares that because drought conditions continue to prevail in the State of California, and consistent with SWRCB Resolution No. 2022-0018, Emergency Regulation to Reduce Water Demand and Improve Water Conservation, the City is required to declare a Level 2 water shortage and implement all level 2 demand reduction actions set forth in the City’s Plan;

3. The City hereby implements all level 2 demand reduction actions of its Plan as outlined in the Demand Reduction Actions set forth in Table 4 of the Plan, to take effect immediately;

4. Stage II prohibits outdoor water use during daylight hours for spray irrigation except for leak checks; encourages use of non-potable water for construction, if available; discourages overseeding; expands the City’s public information campaign; increases water waste patrols; reduces hydrant and dead-end line flushing and prohibits restaurants to serve water except upon request; and
PASSED, APPROVED and ADOPTED this 14th day of September 2022. ___________________________________
Steven A. Hernandez
President
ATTEST:
___________________________________
Angela M. Zepeda
Secretary
APPROVED AS TO FORM:
___________________________________
Carlos Campos
General Counsel

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Item 24.

Resolution No. WA-2022-05

Page 3 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. WA-2022-05 was duly adopted by the Board of Directors of the Coachella Water Authority at a regular meeting thereof, held on the 14th day of September 2022, by the following vote of the Authority:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy Secretary, Coachella Water Authority

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Item 24.

Water Shortage Contingency Plan
Coachella Water Authority
June 2021

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Item 24.
i
Introduction.................................................................................................................................................... 1

1.0 Water Supply Reliability Analysis ...................................................................................................... 1

2.0 Annual Water Supply and Demand Assessment Procedures .......................................................... 2 Decision Making Process .............................................................................................................. 2 Data and Methodologies ............................................................................................................... 3

2.2.1 Evaluation Criteria ..................................................................................................................... 3

2.2.2 Water Supply ............................................................................................................................. 3

2.2.3 Unconstrained Customer Demand ............................................................................................ 3

2.2.4 Planned Water Use for Current Year Considering Dry Subsequent Year ................................ 3

2.2.5 Infrastructure Considerations .................................................................................................... 3

2.2.6 Other Factors ............................................................................................................................ 3

3.0 Six Standard Water Shortage Levels ................................................................................................ 3

4.0 Shortage Response Actions .............................................................................................................. 4 Supply Augmentation .................................................................................................................... 4 Demand Reduction Actions and Mandatory Use Restrictions ...................................................... 5 Operational Changes .................................................................................................................... 8 Additional Mandatory Restrictions................................................................................................. 8 Emergency Response Plan ........................................................................................................... 8 Seismic Risk Assessment and Mitigation Plan ............................................................................. 8

5.0 Communication Protocols ................................................................................................................. 9

6.0 Compliance and Enforcement ......................................................................................................... 11 Penalties ...................................................................................................................................... 11 Appeals and Exemption Process ................................................................................................ 11

7.0 Legal Authorities ............................................................................................................................. 11

8.0 Financial Consequences of WSCP ................................................................................................. 13

9.0 Monitoring and Reporting ................................................................................................................ 13

10.0 WSCP Refinement Procedures....................................................................................................... 13

11.0 Special Water Feature Distinction ................................................................................................... 14

12.0 Plan Adoption, Submittal, and Availability ....................................................................................... 14 Appendix A. Legal Authority
Appendix B. Resolution of Adoption

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Item 24.

Water Shortage Contingency Plan
1 This document represents the Water Shortage Contingency Plan (WSCP) adopted by the Coachella Water Authority (CWA). The document follows the structure recommended in guidance documents prepared by the California Department of Water Resources (DWR).

CWA is one of six agencies in the Coachella Valley participating in the development of a 2020 Regional Urban Water Management Plan (RUWMP). Each agency is adopting the RUWMP to meet its reporting requirements under the Urban Water Management Planning Act. Each agency is also adopting its own WSCP. The agencies have sought to align their shortage levels and shortage response actions to the extent possible, with the intent of reducing confusion for neighboring customers during a shortage.

However, each agency will adopt its own WSCP with slight variations (e.g. penalty processes and amounts) for flexibility in the event that future changes are necessary.

As individual agencies make updates or enhancements to their WSCP, each will be able to make modifications and re-adopt an amended WSCP without triggering a requirement for the other participating agencies to take similar steps. The update process is described in later sections of this WSCP.

This section provides a summary of the supply reliability analysis presented in the RUWMP and highlights key issues that could create a shortage condition.

The supplies of the agencies in the Coachella Valley generally have a high degree of reliability. The RUWMP participating agencies meet most of their urban demands with groundwater produced from the Indio (also known as Whitewater River) and Mission Creek Subbasins of the Coachella Valley Groundwater Basin. The groundwater basin is large enough to provide storage that allows continued production during dry periods. Because production exceeds the recharge provided by precipitation and return flows, the agencies use imported water to recharge the groundwater basin. These sources of imported water for recharge include:
 Colorado River water that Coachella Valley Water District (CVWD) receives through the Coachella Canal.
 State Water Project (SWP) water that CVWD and Desert Water Agency (DWA) have rights to receive. Because the SWP infrastructure does not extend into the Coachella Valley, CVWD and DWA have an exchange agreement with the Metropolitan Water District of Southern California (MWD). The agreement allows MWD to deliver water from its Colorado River Aqueduct (CRA) to the Coachella Valley to recharge the local aquifer. In return, MWD receives SWP water through the SWP infrastructure based on the annual allocations to CVWD and DWA.

Drought conditions are not expected to affect CVWD’s Colorado River water supply due to the agency’s high priority allocation. Colorado River water is not a direct source of urban water supply; it is used for groundwater replenishment and non-potable uses. If a reduction in Colorado River water supply occurred, CVWD would initially reduce deliveries to groundwater replenishment projects. Subsequent reductions in delivery would be applied to users following the priorities in CVWD’s Canal Water Shortage Contingency Plan. These priorities are defined in CVWD’s Canal Water Shortage Contingency Plan, which is Chapter 3.10, Article XII of CVWD’s administrative code.

Drought conditions in the Sierra Nevada would have an effect on the SWP water allocation; thus reducing the SWP Exchange water received by CVWD and DWA. This water is used for replenishment of the groundwater basin and is not a direct source of urban water supply. Consequently, water use restrictions due to drought involving the SWP water supply would likely be implemented only as a result of a prolonged drought.

During dry periods when less imported water is available, groundwater production will exceed the amount of recharge, and the volume in storage will be reduced. However, these reductions can be reversed in years when additional imported water is available. The Coachella Valley Groundwater Basin is a large basin which provides a buffer during dry periods, thus allowing the agencies to develop long-term plans and programs to manage regional water supplies.

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Item 24.

Water Shortage Contingency Plan
2 The reliability analysis for CWA is presented in Section 7 of CWA’s chapter of the RUWMP. Although that analysis demonstrates that the region’s urban water supply is reliable, there are potential issues that could create a shortage condition. These include:
 An extended drought more severe than historic events, possibly impacted by climate change.  A natural disaster or a malevolent act that leads to prolonged disruption of imported water delivery from the Colorado River or the SWP.
 Reductions in imported water supply due to environmental restrictions related to endangered species or habitat protection.
 Identification of a currently unregulated contaminant that has widespread effects on the region’s groundwater supply.
 Regulatory mandates to reduce water use.

Water shortage contingency planning provides a way to plan for these risks and anticipate actions that can be implemented to manage the impacts. This plan describes how CWA intends to respond to such shortage events. The responses have been aligned with those of other RUWMP participating agencies to the extent possible.

CWA will be required to prepare an Annual Water Supply and Demand Assessment (Annual Assessment) and submit it to DWR each year, beginning July 1, 2022. The Annual Assessment is intended to meet requirements of Water Code Section 10632.1 and present an assessment of the likelihood of a water shortage occurring during the next 12 months. This section of the WSCP outlines the procedures that CWA will use to prepare the Annual Assessment. The procedures defined in this section will allow CWA to follow a consistent annual procedure for making the determination of whether to activate the WSCP.

Decision Making Process
DWR requires a defined decision-making process for performing the Annual Assessment. The process and anticipated timeline are presented in Table 1.

Table 1. Annual Assessment Decision-Making Process
Anticipated Timeline
of Each Year Activities
February CWA staff will review available data related to anticipated supplies and demands.

March The six agencies participating in the Coachella Valley RUWMP will review the data and determine whether a consistent region-wide determination on water supply reliability can be made. If needed, individual agencies may elect to activate their WSCP at different shortage levels than other participating agencies.

April CWA staff will make a determination whether to recommend implementation of shortage response actions.

May If shortage response actions are to be implemented, CWA management will present the recommendation to the governing board for consideration.

If the governing board decides to implement the WSCP, it will provide public notice of a hearing to consider changes in the implementation of the shortage response actions.

June CWA staff will prepare the Annual Assessment and submit it to DWR by July 1st.

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Water Shortage Contingency Plan
3 Data and Methodologies
This section describes the data and methodologies that will be used to evaluate water system reliability for the coming year, while considering that the year to follow could be dry.

2.2.1 Evaluation Criteria
CWA will rely on locally applicable criteria for each annual assessment. These criteria will include the findings of the annual reports prepared for the Indio Subbasin and the Mission Creek Subbasin for compliance with the Sustainable Groundwater Management Act. Findings from the annual Engineer’s Report on Water Supply and Replenishment Assessment will also be incorporated.

2.2.2 Water Supply
CWA’s anticipated supplies will be quantified for the near-term future, and descriptive text will be used to note any anticipated reductions in supply.

2.2.3 Unconstrained Customer Demand
CWA will prepare an estimate of unconstrained demand (as the term is used in Water Code Section 10632(a)(2)(B)(i)). The estimated demand will be calculated using the demand projection approach described in Section 4 of each agency’s chapter of the RUWMP, in combination with updated data for connections, climate, changes in land use, and recent water usage history.

2.2.4 Planned Water Use for Current Year Considering Dry Subsequent Year CWA will describe the anticipated use of water supplies for the coming year, with the anticipation that the following year will be dry. The supplies will be characterized in a manner consistent with the RUWMP, in combination with updated data for climate and recent observations.

2.2.5 Infrastructure Considerations
CWA will describe any potential infrastructure constraints on the ability to deliver adequate supplies to meet expected customer demands in the coming year. CWA will verify that its system of wells, pipelines, pump stations, and storage tanks have adequate capacity to deliver the anticipated demands. CWA will describe any anticipated capital projects that are intended to address constraints in production, treatment, or distribution.

2.2.6 Other Factors
CWA will describe any specific locally applicable factors that could influence or disrupt supplies. CWA will also describe unique local considerations that are considered as part of the Annual Assessment.

The RUWMP participating agencies have elected to use the six standard shortage levels included in guidance documents prepared by DWR. The six standard water shortage levels correspond to progressively increasing estimated shortage conditions (up to 10-, 20-, 30-, 40-, 50- percent, and greater than 50-percent shortage compared to the normal reliability condition). These levels are identified in Table 2.

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Water Shortage Contingency Plan
4 Table 2. Water Shortage Contingency Plan Levels
Shortage
Level
Percent
Shortage Range Description
Narrative Summary of Shortage Response
Actions
1 Up to 10% Normal water
supplies
Mandatory prohibitions defined by the state,
ongoing rebate programs
2 Up to 20% Slightly limited
water supplies
Outdoor water use restrictions on time of day,
increased water waste patrols
3 Up to 30% Moderately limited
water supplies
Outdoor water use restrictions on days per
week, restrictions on filling swimming pools
4 Up to 40% Limited water
supplies
Limits on new landscaping, expanded public
information campaign
5 Up to 50% Significantly
limited water
supplies
Limits on watering of parks or school grounds
6 Greater than 50% Severe shortage
or catastrophic
incident
No potable water use for outdoor purposes
Each level in Table 2 represents an anticipated reduction in the supplies that would normally be available to CWA. These supply reductions could be the result of a variety of potential causes including natural forces, system component failure or interruption, regulatory actions, contamination, or any combination of factors. CWA may need to activate shortage levels across its entire service area or within certain areas that are impacted by an event.

The levels involve voluntary and mandatory conservation measures and restrictions, depending on the causes, severity, and anticipated duration of the water supply shortage. The locally appropriate shortage response actions that would be taken at each level to address the resulting gap between supplies and demands are described in the following section.

This section describes the shortage response actions that would be taken by CWA at each shortage level. These actions have been grouped into categories including:
 Supply Augmentation Actions
 Demand Reduction Actions and Mandatory Use Restrictions  Operational Changes
Supply Augmentation
For long-range planning, CWA continues to evaluate opportunities for transfers, exchanges, and other purchases of imported water to increase supply reliability. CVWD and DWA collaborate to replenish the groundwater aquifer with imported water, creating a stored supply that can be used for emergencies or longer-term shortages. CVWD and DWA are also making investments in increasing supply reliability from the SWP through the Delta Conveyance Facility and in securing new supplies like Sites Reservoir.

Additionally, the RUWMP participating agencies continue to implement water conservation measures and increase use of recycled water usage to reduce groundwater demand. These programs are described in Chapter 3 of the RUWMP.

In their WSCP, agencies have the option of identifying short-term supply augmentation actions that would be taken during a shortage. These actions are intended to be separate from the long-range planning efforts to sustainably manage the groundwater basin. The short-term supply augmentation measures that could be implemented are presented in Table 3.

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Water Shortage Contingency Plan
5 Table 3. Supply Augmentation Actions
Shortage
Level
Supply Augmentation
Methods and Other
Actions by Water
Supplier
Expected
Relative Impact Additional Explanation or Reference
1 - 6 Exchanges Medium
Emergency connections with neighboring
agencies could be activated or
constructed to help exchange water with
adjoining systems.
5 New recycled water Medium
In areas where recycled water supply is
available, customers could be mandated
to use recycled water and cease use of
potable water.
6 Other actions Medium Additional non-potable water sources such as new shallow groundwater wells.

Demand Reduction Actions and Mandatory Use Restrictions The RUWMP participating agencies have aligned their demand reduction actions to the greatest extent possible, while allowing each agency to tailor its response to the unique characteristics of its service area.

The agencies conducted public workshops to gather input on actions that could be taken during a water shortage. The input from stakeholders was used to select and prioritize actions that reflected the values of the community. Key elements of the input included:
 The importance of recognizing the conservation efforts that many customers have already made and not imposing requirements for all customers to meet the same percentage reduction in water use.
 The importance of involving Homeowner Associations (HOAs) to help implement and communicate response actions to individuals.
 The benefits of tiered rates in allowing customers to pay less for their basic efficient use and more for excessive use.
 A balanced program should include incentives (such as expanded rebates for turfgrass removal) as well as penalties (such as drought rates).
 A range of approaches is needed to communicate with customers and end users, including social media, web sites, bill inserts, presentations, and virtual tours, ideally in multiple languages.

The demand reduction actions that could be implemented at each shortage level are shown in Table 4.

During a shortage, CWA may implement some or all of the actions as needed, depending on actual conditions.

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Item 24.

Water Shortage Contingency Plan
6 Table 4. Demand Reduction Actions
Shortage
Level ID Demand Reduction Actions
Expected
Relative
Impact
Penalty or
Enforcement
1 1.1 Applying any water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent
property, non-irrigated areas, private and public
walkways, roadways, parking lots, or structures is
prohibited.

Low No

1.2 Using any water in a fountain or other decorative
water feature is prohibited, unless the water
recirculates.

Low No

1.3 Applying water to driveways, sidewalks, concrete or asphalt is prohibited unless to address immediate
health and safety needs. Reasonable pressure
washer or water broom use is permitted.

Low No

1.4 Spray irrigation of outdoor landscapes during and
within 48 hours after rainfall of 0.10 inches is
prohibited.

Low No

1.5 Using a hose to wash a vehicle, windows, or solar
panels is prohibited unless an automatic shut-off
nozzle or pressure washer is used.

Low No

1.6 Broken sprinklers shall be repaired within five
business days of notification by agency, and leaks
shall be repaired as soon as practical.

Low No

1.7 Draining and refilling of private swimming pools is discouraged, unless necessary for health and safety
or leak repair.

Low No

1.8 Hotels will provide guests the option of choosing not to have towels and linens laundered daily.

Low No

1.9 Agency shall discourage overseeding. Low No

1.10 Agency shall provide rebates for landscape efficiency. High No

1.11 Agency shall offer water use surveys/audits. Medium No

1.12 Agency shall provide rebates on plumbing fixtures and devices.

Medium No
2 2.1 Outdoor water use is prohibited during daylight hours for spray irrigation except for leak checks or with an
agency approved conservation alternative plan.

Medium Yes

2.2 Restaurants can serve water only on request. Low Yes

2.3 Agency shall encourage use of non-potable water for construction, if available.

Low No

2.4 Agency shall actively discourage overseeding. Medium No

2.5 Agency shall expand public information campaign. Medium No

2.6 Agency shall increase water waste patrols. Medium Yes

2.7 Agency shall reduce hydrant and dead-end line
flushing.

Low No
3 3.1 Outdoor water use is allowed only three days a week for spray irrigation (Monday, Wednesday, and Friday).

High Yes

3.2 Drip or subterranean irrigation is allowed seven days per week, during non-daylight hours.

Medium Yes

3.3 Commercial nurseries are to use water only on
alternate days during non-daylight hours for outside
operations.

Low Yes

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Water Shortage Contingency Plan
7 Shortage
Level ID Demand Reduction Actions
Expected
Relative
Impact
Penalty or
Enforcement

3.4 Decorative ponds, non-irrigation system golf course water hazards, fountains, and other waterscape
features are not to be filled or replenished.

Low Yes

3.5 No filling of swimming pools or landscaping ponds
unless necessary for health and safety or leak repair.

Low Yes

3.6 Commercial car washes must use recycled water or
recirculating water systems.

Medium Yes

3.7 Spray irrigation of medians and parkways is
prohibited.

Medium Yes

3.8 Agency shall encourage counties, cities, Homeowners Associations (HOAs) and other enforcement agencies
to suspend code enforcement and fines for brown
turfgrass areas and to otherwise comply with new
State laws regarding limitations on such enforcement.

Low No

3.9 Agency shall strengthen customer billing messages
with use comparisons.

Medium No

3.10 Agency shall implement water use audits targeted to key customers to ensure compliance with directives.

Medium No

3.11 Agency shall expand rebate programs. Medium No
4 4.1 Turfgrass landscapes may not be watered except
where subterranean or non-potable water systems are
used.

High Yes

4.2 Agency shall implement or modify drought rate
surcharge.

High Yes

4.3 Agency shall expand public information campaign. Medium No 5 5.1 Watering turfgrass is prohibited. High Yes

5.2 The use of misting systems is prohibited. Medium Yes

5.3 Turfgrass at parks and school grounds are to be
watered with recycled water, if available, or not at all.

Medium Yes

5.4 Golf course greens and tees may be watered no more
than two times per week during non-daylight hours
with recycled water, or not at all.

Medium Yes

5.5 Trees, desert plants and shrubs may be watered only with drip, subterranean or non-adjustable bubbler
irrigation systems during non-daylight hours.

High Yes

5.6 Agency shall impose moratorium or net zero demand
on new connections.

N/A Yes
6 6.1 Commercial nurseries shall discontinue all use of potable water for watering and irrigation.

Low Yes

6.2 Watering of livestock is permitted as necessary. N/A Yes

6.3 Outdoor water use is prohibited. High Yes

6.4 Restaurants must use disposable cups, plates, and
utensils.

Low Yes

6.5 Agency shall implement mandatory rationing. High Yes

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Water Shortage Contingency Plan
8 Operational Changes
CWA has identified potential operational changes that could be made to help address a short-term gap between demands and available supplies. These include improved monitoring and analysis of customer water usage, reductions in flushing of hydrants and dead-end lines, and use of emergency connections with neighboring water agencies. Some of the potential actions are included in Table 4. CWA may also expedite planned system improvement projects that include reduction in water loss (e.g., replacement of water mains that are experiencing higher rates of leaks and breaks).

Additional Mandatory Restrictions
CWA has identified a series of restrictions that could be implemented at different shortage levels. These restrictions are included in the demand reduction actions in Table 4.

Emergency Response Plan
The Water Code requires that an agency’s WSCP address catastrophic water shortages and plans to address them. This information can be addressed in the agency’s Emergency Response Plan (ERP).

CWA’s ERP contains sensitive information related to potential vulnerabilities or impacts of natural disasters or malevolent acts. Therefore, these documents are not typically made publicly available.

CWA’s plan outlines specific disaster-related procedures to guide staff in responding efficiently to catastrophic interruptions of water supply.

Five of the RUWMP participating agencies collaborate on planning efforts, including emergency response, through the Coachella Valley Regional Water Management Group (CVRWMG). In addition, CVWD, DWA, IWA, and MSWD are members of the California Water/Wastewater Agency Response Network (CalWARN), which supports and promotes emergency preparedness. More information about CalWARN is available at their web site at www.calwarn.org.

The region’s imported water supplies from the Colorado River and the SWP could be disrupted by an earthquake. Because the agencies use local groundwater to meet urban demands, the agencies could continue to meet short term urban demands with groundwater production. The agencies have installed backup generators at key water production facilities to allow continued operation during a power outage.

DWR has plans in place to make emergency repairs to the SWP, and MWD has plans in place to make emergency repairs to the CRA. CVWD has plans to make emergency repairs to the Coachella Canal.

CVWD staff receives regular Incident Command System (ICS) training through the Federal Emergency Management Agency (FEMA), and drills are conducted routinely. CVWD remotely monitors the status of most key facilities at CVWD headquarters, which enables it to detect areas affected by disasters.

RUWMP participating agencies also participate in ICS training and regularly monitor key water facilities remotely.

If imported water supplies were disrupted for an extended period, it would reduce the water supply available for replenishment of the groundwater basin. It could also lead to increased groundwater pumping by non-urban users who normally use imported canal water. CWA would implement levels of this WSCP as needed if pumping needed to be decreased while imported water supplies were interrupted.

Seismic Risk Assessment and Mitigation Plan
Water Code Section 10632.5 requires the RUWMP participating agencies to assess seismic risk to water supplies as part of their WSCP. The code also requires a mitigation plan for managing seismic risks. In lieu of conducting their own seismic risk assessment, which can be a lengthy process, suppliers can comply with the Water Code requirement by submitting the relevant local hazard mitigation plan or multihazard mitigation plan.

The Riverside County Local Hazard Mitigation Plan (LHMP) was updated in 2018. The Riverside County LHMP is available on the Riverside County web site at https://rivcoemd.org/LHMP. The Riverside County LHMP includes an assessment of the region’s vulnerability to a broad range of hazards, including

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Item 24.

Water Shortage Contingency Plan
9 earthquakes. It also describes mitigation strategies and actions to reduce the impacts of a seismic event.

The RUWMP participating agencies continue to include seismic risk assessment in their planning process for system improvements.

Timely and effective communication is a key element of WSCP implementation. CWA will need to inform customers, the general public, and other government entities of WSCP actions taken during a water shortage (either one determined by the Annual Assessment, an emergency, catastrophic, or other event).

An overview of planned communication approaches is provided in Table 5. These protocols have been aligned between the RUWMP participating agencies where possible, but some are tailored to the needs of CWA’s service area. CWA will adjust its communication strategy as needed to address issues that are impacting the entire service area or limited areas.

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Item 24.

Water Shortage Contingency Plan
10 Table 5. Communication Plan Outline
At all times
Level 1
Up to 10% Voluntary Conservation
Level 2
Up to 20% Mandatory Conservation
Levels 3 and 4
Up to 30% or 40% Mandatory Conservation
Levels 5 and 6
Up to 50% or Over 50% Mandatory
Conservation
Standard outreach efforts in effect
(media relations, social media, website)
Update message platform to reflect
conditions, District response, and needed
actions from public
Update campaign and messages to generate
immediate actions/behaviors by public,
include information on enforcement actions
Update campaign and messages to raise
awareness for more severe water-saving
actions/behaviors by public, highlight need for
reduced outdoor water use
Update campaign and messages to reflect
extreme or emergency condition and likely
need to focus water use on health/safety
needs
Promote ongoing Water Use Efficiency
(WUE) programs and tools and
partnerships designed to achieve longterm water management goals Announce status change to key stakeholders
and general public (e.g., News release, social
media, etc.)
Announce status change to key stakeholders
and general public (e.g., News release, social
media, etc.)
Announce status change to key stakeholders
and general public (e.g., News release, social
media, etc.)
Announce emergency status to key
stakeholders and general public (e.g., News
release, social media, etc.)
Standard coordination with MWD and
regional partners
Include increased conservation messages on
website and in standard outreach efforts;
provide regular condition updates to
stakeholders/media
Supplement Level 1 activities with additional
tactics as needed; provide regular condition
updates to stakeholders/media
Supplement Level 2 outreach with additional
tactics as needed; provide regular updates to
stakeholders/media on conditions
Supplement Level 3-4 outreach with additional
tactics as needed; provide regular condition
updates to stakeholders/media on conditions
Board reports on public communication
and water-use efficiency outreach
activities at least annually.

Enhance promotion of ongoing WUE
programs/tools; deploy targeted advertising
Conduct issue briefings with elected officials,
other key civic and business leaders
Conduct specialized outreach to HOAs and
local organizations
Suspend promotion of long-term WUE
programs/tools to focus on imminent needs
Initiate regular Board reports on campaign
efforts
Increase promotion of ongoing WUE
programs/tools
Promote available water assistance resources
for vulnerable populations; specialized outreach
to impacted industries
Continue enhanced coordination with
neighbor agencies and local/state/federal
policy makers as needed (e.g. daily or weekly
briefings or email updates, etc.)

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Item 24.

Water Shortage Contingency Plan
11 This section describes how CWA will ensure compliance with and enforce provisions of the WSCP. The RUWMP participating agencies have worked together to align their policies where possible, but each agency implements its compliance and enforcement actions within its service area.

Penalties
The penalties that could be imposed for non-compliance are summarized in Table 6.

Table 6. Enforcement Actions
Water
Shortage
Level First Violation
Second
Violation
(within 12
months)
Third Violation
(within 12
months)
Subsequent
Violations
Additional
Information
1 Written warning $15
administrative
fee
$50
administrative
fee
$100
administrative fee
2 Written warning $100
administrative
fee
$150
administrative
fee
$300
administrative fee
3 Written warning $150
administrative
fee
$300
administrative
fee
$500
administrative fee
4 through
6 $300
administrative
fee
$500
administrative
fee
$500
administrative
fee
$500
administrative fee
Appeals and Exemption Process
This section describes the appeals and exemption processes. Where feasible, specific exemptions can be identified and defined. Where not feasible, the process to appeal or obtain an exemption should be detailed.

Any water user violating the regulations and restrictions on water use may receive a written notice for the violation. The water user shall have seven days from receipt of the notice to submit a written request for a hearing. If no hearing is requested, or at the hearing it is determined that the water user has committed a violation, a civil penalty may be levied.

The government codes and ordinances that are used to implement these policies and processes are discussed in Section 7.

This section describes the legal authorities that CWA relies upon to implement the shortage response actions and the associated enforcement actions.

Chapter 13.03 of the Coachella Municipal Code provides the legal authority to enforce water service conditions, including the WSCP. The City adopted Resolution No. WA-2014-05 to Implement Stage II of its WSCP in 2014.

The City is in the process of updating its ordinances to reflect the contents of this WSCP.

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Item 24.

Water Shortage Contingency Plan
12 A copy of the legal authority is included in Appendix A.

In accordance with Water Code Chapter 3 (commencing with Section 350) of Division 1 general provisions regarding water shortage emergencies, CWA shall declare a water shortage emergency in the event of a catastrophic interruption in supply.

CWA shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency under California Government Code, California Emergency Services Act (Article 2, Section 8558). Including a list of and contacts for all cities or counties for which the RUWMP participating agencies provide service in the WSCP, along with developed coordination protocols, can facilitate compliance with this section of the Water Code in the event of a local emergency as defined in subpart (c) of Government Code Section 8558.

These cities and counties are summarized in Table 7.

Table 7. City and County Coordination on Proclamation of Emergencies City or County Contact CVWD CWA DWA IWA MDMWC MSWD
Imperial County Office of
Emergency
Services
X
Riverside County Emergency
Management
Department

X X X X X X
City of La Quinta Emergency
Management
Division
X X X
City of Indio Emergency
Services
Coordinator
X X X
City of Coachella Emergency
Services
Coordinator
X X X
City of Palm Desert Emergency
Services
Coordinator
X
City of Cathedral City Emergency
Manager
X X
City of Indian Wells Emergency
Services
Coordinator
X
City of Rancho Mirage Emergency
Services
Coordinator
X
City of Palm Springs Emergency
Management
Coordinator
X X
City of Desert Hot
Springs
Emergency
Services
Coordinator
X X

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Item 24.

Water Shortage Contingency Plan
13 This section describes the anticipated financial consequences to CWA of implementing the WSCP. The description includes potential reductions in revenue due to lower water sales and increased expenses associated with implementing the shortage response actions.

Potential financial impacts of implementing the WSCP could include:
 Reduced revenue from reduced water use
 Increased staff costs for tracking, reporting, patrolling, and enforcing restrictions  Economic impacts associated with water-dependent businesses in the service area Potential mitigation measures include:
 Triggering of drought rate structures or surcharges
 Using financial reserves
 Reducing operation and maintenance expenses (expenses related to source of supply and pumping will fall due to reduced water production)
 Deferring capital improvement projects
 Reducing future projected operation and maintenance expenses  Increasing fixed readiness-to-serve charge
 Increasing commodity charge and water adjustment rates to cover revenue shortfalls  Seeking alternative source of funding, such as state or federal grants or loans  Other financial management mechanisms
CWA will monitor financial conditions during a water shortage and take appropriate actions as needed.

CWA maintains financial reserves that can be used to continue operations during a period of reduced water sales. CWA has the ability to increase water rates or implement surcharges or penalties to increase revenues from water sales.

This section describes how CWA will monitor and report on implementation of the WSCP. CWA will gather data on key water use metrics and use the data to evaluate the effectiveness of response actions in achieving their intended water use reduction purposes. CWA will also gather data on customer compliance to evaluate the effectiveness of enforcement actions. CWA will gather and report data at frequencies adequate to meet reporting requirements established by the State Water Resources Control Board and other government agencies. The specific reporting requirements are expected to continue to change over the next five years.

CWA will monitor water use by customers using billing systems and operational control systems to monitor production and consumption. Each customer is metered, and billing records will be compiled and used to observe trends in water consumption. Each groundwater well and water connection point is also metered, and production records will be used to observe trends in water production. Levels in reservoirs can be monitored using the operational control systems to help identify potential high usage or leaks.

CWA staff may also perform field visits and record observations to monitor water use and identify potential issues for follow-up.

For agencies that have budget-based rates, the consumption by customers will be compared to the water budgets to determine effectiveness of response actions. For agencies without defined water budgets for each customer, the consumption records will be aggregated by customer class to evaluate response actions and identify potential additional measures.

CWA will monitor the implementation of this plan to evaluate its effectiveness as an adaptive management tool. The monitoring and reporting program described in Section 9 will provide information

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Item 24.

Water Shortage Contingency Plan
14 on the effectiveness of the shortage response actions during any shortage levels that may be invoked. If CWA determines that the shortage response actions are not effective in producing the desired results, CWA will initiate a process to refine the WSCP. CWA will consider the addition of new shortage response actions, or changing the levels when shortage response actions are implemented. Suggestions for refinements will be collected from agency staff, customers, industry experts, and the general public. The RUWMP participating agencies will share data and suggestions for refinement to identify opportunities to increase the effectiveness of the WSCP while maintaining alignment with other agencies in the region when possible.

The RUWMP participating agencies have distinguished swimming pools and spas as recreational water features, while non-pool and non-spa water features are considered decorative water features. This distinction is used in the shortage response actions because decorative water features have the potential to use recycled water, while most pools and spas (recreational water features) use potable water for health and safety considerations. However, this distinction does not apply to the hot mineral spring pools and spas throughout the Desert Hot Springs area; while they are recreational, they also do not rely on potable water.

CWA adopted this WSCP with the 2020 RUWMP. The RUWMP and WSCP were made available for public review during May and June of 2021. A public hearing was held on June 23, 2021 to allow public input on the draft RUWMP and the WSCP.

CWA’s governing board adopted the RUWMP and the WSCP at a meeting on June 23, 2021. The resolution of adoption is included as Appendix B.

This WSCP was submitted to DWR through the WUEData portal before the deadline of July 1, 2021. This WSCP was made available to the public on CWA’s web site. Notice was provided to cities and counties in the service area that the WSCP was available on CWA’s web site.

If CWA identifies the need to amend this WSCP, it will follow the same procedures for notification to cities, counties and the public as used for the RUWMP and for initial adoption of the WSCP. The draft amended WSCP will be made available for public review, and CWA’s governing board will hold a public hearing to receive comments on the draft amended WSCP. Once CWA’s governing board adopts the amended WSCP, the amended plan will be submitted to DWR and the California State Library, and it will be made available to the public and the cities and counties in the service area through placement on CWA’s web site.

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Coachella City CouncilSeptember 14, 2022

Coachella City Council
September 14, 2022