Item 28.
2007 SPARTAN METRO STAR CABOVER 6-MAN CAB 4X2 STD FIRE TRUCK 42,000 LBS STD SPRING 1 1 24,000 LBS 18,000 LBS YES
TRANSMISSION REBUILD
COST
OTHER MECH. RECEIPTS
TIRE CONDITION
FRONT AXLE TIRES
REAR AXLE TIRES
REAR TIRES 2ND AXLE
DROP/LIFT AXLE
OTHER
ADVERTISED/ASKING PRICE
CASH PRICE
AVERAGE
AVERAGE
AVERAGE
AVERAGE
110,900
Title Fee
Transfer Fee
Deductible
Net Adjusted Value
Salvage/Other
110,900.00
Adjusted Market Value $110,900.001
Vehicle Description $ -5,205.00
Equipment Adjustments $ -235.00
Engine Adjustments $ -200.00
Total Adjusted Market Value Comparable 2 $105,260.001
Final Market Value Calculation
Market Value Based on Comparable 1 $99,755.00
Market Value Based on Comparable 2 $105,260.00
Average Adjusted MarketValue $102,510.00
General Sales Tax 8.7500%
-5,000.00
97,510.00
Valuation Notes
RESEARCH AREA
It was necessary to expand nation wide in order to obtain a comparable vehicle as no local comparable vehicles were able to be verified.
CLIENT VEHICLE COMMENTS
No additional comments were reported.
COMPARABLE #1
ADDITIONAL INFORMATION:
Phone #: (256)776-7786
Source: Dealer
Name: Brindlee Mountain Fire Apparat
Verified: 06/21/22
Claim 22-162550 Request 57698778 Page 5
09/26/2023
Item 28.
2007 SPARTAN METRO STAR CABOVER 6-MAN CAB 4X2 STD FIRE TRUCK 42,000 LBS STD SPRING 1 1 24,000 LBS 18,000 LBS YES Contact: E-VERIFIED
City: Gurley, AL
COMMENTS:
V\feblink to comparable: https://tinyurl.com/2p87uhyk
COMPARABLE #2
ADDITIONAL INFORMATION:
Phone #: (866)310-2077
Source: Dealer
Name: Fenton Fire
Verified: 06/21/22
Contact: E-VERIFIED
City: Chenango Bridge, NY
COMMENTS:
Weblink to comparable: https://tinyurl.com/3nr8464h
GENERAL NOTES
The market value of your vehicle was determined by comparing it to other vehicles of similar make, model, equipment, mileage or hours and condition that have been offered for sale or sold. The sources for this comparison include dealers selling new and used vehicles, newspapers, traders and specialty journals. Two verified comparables have been used to determine the ACV of the loss unit. We adjusted for the overall equipment differences. No additional adjustments were made as all were reported to be similar.
This report is based on the information provided at the time and should any new relevant information become available, further review may be required of this report.
o The tax was calculated based on a date of loss of 03/05/2022 using zip 92236, in Riverside County, California. The city may vary from search area to reflect correct tax iocation.
Area Taxed Rate Total Tax % of Market Value
California $102,510 6.0000% $6,150.60 6.0000%
Riverside $102,510 1.2500% $1,281.38 1.2500%
Transportation Commission (rctc) $102,510 0.5000% $512.55 0.5000% Transactions And Use Tax (coac) $102,510 1.0000% $1,025.10 1.0000% Total Tax: $8,969.63 8.7500%
o There has been no significant depreciation of the loss vehicle's value since the actual date of loss.
AboutYourValuation
This report contains proprietary information of Audatex and its partners and shall not be disclosed to any third party (other than the insurer or insured, or their legal representative; or claimant or claimants insurer for purposes of subrogation) without Audatex's prior written consent. If you are the insured or claimant and have questions regarding the description of your vehicle, please contact the insurance company that is handling your claim. Information within VINsource/NICB is provided solely to identify potential duplicative claims activity. User agrees to use such information solely for lawful purposes.
Tax rates contained herein are based on general sales tax data provided by Vertex Inc. Excise, use, registration, licensing and other taxes and fees that may be applicable are not included. Audatex makes no representations or warranties concerning the applicability or accuracy of such tax data.
Claim 22-162550 Request 57698778 Page 6
09/26/2023
Item 28.
2007 SPARTAN METRO STAR CABOVER 6-MAN CAB 4X2 STD FIRE TRUCK 42,000 LBS STD SPRING 1 1 24,000 LBS 18,000 LBS YES California Regulatory Statement
For your protection California law requires the following to appear on this form: Any person who knowingly presents folse or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. False representations made on a signed auto theft claim form subject the insured to a penalty of perjury.
Report Generated by Audatex, a Solera Company
© 2022 Audatex North America, Inc. All Rights Reserved.
SoTefQ
Claim 22-162550 Request 57698778 Page 7
09/26/2023
Item 28.
COMPARABLE -
https://www.fentonfire.eom/equipment/2008-spartan-pumper-1500-750-oll40/ FENTON FIRE - USED FIRE TRUCKS -!866-454-0649
m V ci'i I wr 01140
PRICE: $45,000.00
A'/AM " AVAILABLE
2008 SPARTAN PUMPER 1500/750 (01140) 1
General 2008 Spartan GA41L-2142 Detroit Diesel Automatic Seats 6 Generator Hydraulic Hoses All Service & Maintains records available Pump & Tank
1500 G.P.M
750 Gallon Tank
Dimensions
156,000 Miles
16,111 Engine Hours
09/26/2023
Item 28.
Photographs
Our File #: IV101644 Owner: CITY OF COACHELLA
Appraised For: AdminSure, Inc. Date of Loss: 03/05/22
Claim #: 22-162550 Location: fire house
Policy #:
Date Inspected:
Appraiser:
05/05/22
ED RICHARD Sianed:
I
ife i
aiiiirfftSluDBUbti
Stnut Firp Apparatus Cgi
Dale of lfc>miltctur«j
to;
sf:>«07
spartan Motors Inc
Date of Manutactuf:
yfVQOoe
GVWR 42.000
wAWR Front
OAWR Rear
18,000
24.000
TYile vehicle conforms to all applicable '
tMtral motor voMcIo oafoty ■londanto In
tfltcthi VV2007
jfthkll MontWfcoMnn Ulimtlff;
<S7CT2M27C055078
VoWdoTypo: Truck
09/26/2023
App Trak© 1984-2022, All Rights Reserved, Page 612 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#; 22-162550 Our File#: IV101644 Page 2 ssranS
CA EXEMPT
09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 613 App Software Associates, www.apptrak.net Item 28.
For; AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 3 0079
05 .05 2022 10:24
05j:V5t.2022 i UH:,4
App Irak© 1984-2022, All Rights Reserved, App Software Associates, www.apptrak.net 09/26/2023
Item 28.
For: AdminSure, Inc. Claim#; 22-162550 Our File#: IV101644 Page 5 09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 615 App Software Associates, www.apptrak.tret Item 28.
For: AdminSure, Inc. Claim#; 22-162550 Our File#: IV101644 Page 6 App Trak© 1984-2022, All Rights Reserved, App Software Assodates, www.apptrak.net 09/26/2023
Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 8 I
m
09/26/2023
App Irak® 1984-2022, All Rights Reserved, Page 617 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 10 03 _____
^ BV: f{ *
09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 618 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 12 09/26/2023
App Trak© 1984-2022, All Rights Reserved, Page 619 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 14 09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 620 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#; 22-162550 Our File#; IV101644 Page 15 10:2s
.2022 10:28
09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 621 App Software Assodates, www.apptrak.net Item 28.
For; AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 17 ijrji
S&5
•kJk
09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 622 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 18 rm
09/26/2023
App Trak© 1984-2022, All Rights Reserved, Page 623 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#; 22-162550 Our File#: IV101644 Page 19 yf
1^1
3. 09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 624 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 20 /
App Irak© 1984-2022, All Rights Reserved, App Software Associates, www.apptrak.net 09/26/2023
Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 21 App Irak© 1984-2022, All Rights Reserved, App Software Associates, www.apptrak.net 09/26/2023
Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 22 TWtrtAt
App Irak© 1984-2022, All Rights Reserved, App Software Associates, www.apptrak.net 09/26/2023
Item 28.
For; AdminSure, Inc. Claim#: 22-162550 Our File#; IV101644 Page 23 ■0®
09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 628 App Software Associates, www.apptrak.net Item 28.
For; AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 25 05 05 ■ 202-'2li1
09/26/2023
App Trak© 1984-2022, All Rights Reserved, Page 629 App Software Associates, www.apptrak.net Item 28.
For; AdminSure, Inc. Claim#; 22-162550 Our File#; IV101644 Page 26 / ■' .k "‘i ' 4;'-:
%
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*'”' ..........................
U09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 630 App Software Assodates, www.apptrak.net Item 28.
For; AdminSure, Inc. Claim#; 22-162550 Our File#; IV101644 Page 27 09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 631 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 28 % ■r/fS.-Jl ___ X ^ ipis t 19; a
2022 H0:81
09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 632 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 29 09/26/2023
App Irak© 1984-2022, All Rights Reserved, Page 633 App Software Assodates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#; 22-162550 Our File#: IV101644 Page 31 m
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App Trak© 1984-2022, All Rights Reserved, Page 634 App Software Associates, www.apptrak.net Item 28.
For; AdminSure, Inc. Claim#; 22-162550 Our File#; IV101644 Page 32 a
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App Irak© 1984-2022, All Rights Reserved,Page 635 App Software Associates, www.apptrak.net Item 28.
For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 33
05.05.2022 10:23
09/26/2023
App Trak© 1984-2022, All Rights Reserved, Page 636 App Software Assodates, www.apptrak.net Item 28.
31J!
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For: AdminSure, Inc. Claim#: 22-162550 Our File#: IV101644 Page 34 09/26/2023
App Irak© 1984-2022, All Rights Reserved,Page 637 App Software Associates, www.apptrak.net Item 28.
E79 was dispatchedtoa reportoffireon or near highway 86. While approachingthe scenevisible flames wereseenbut could not ascertain location. E79 turnedsouthon Hwy 86 to bettervisualizescene thenreturnedonthenorthboundsideofhighway. It was determinedthatthefirecould beaccessed from the roadside, butthere weresafety concerns. Thefire was relativelysmall and hada slow rate of spread, butwas directly underpowerlinesandadjacentto road.
As E79 approachedthescenesafety concerns wereverbalizedanddiscussed withcrew. Caution was to be used whenoperatingunder powerlines, decision points weresettoensurethere was no dangerof crew being underfalling powerpoles/lines, a spottinglocation was identifiedto limit risk, crew verbalizedthattheywouldexitout of passengerside, andengine wasangledtoprotectthecrewas mitigation effortswereinitiated. Afterplacing theengine in pumpand assisting crewin deployingattack lines I movedtopumppanel to pressurizethe right reardischarge. After bringingthe pumpuptothe correct pressure I began walkingtotherear ofthe engineforfacetoface communication with Fire Attack.
Once I reachedthe rear drivers side cornerof Engine 79 I saw a blur pass me thena loud bang. I was standingclose enoughtothe impacttofeelthe percussive waveandsaw thetailboard oftheengine lurch in my direction.Aftertrippingovertheattack hosecomingout ofthe rear discharge Capt.
Beckman was immediatelyat my side askingif I was injured. OncedeterminingI was unharmed he initiatedtheappropriate notifications via HT. As thefire was still active I checkedon thestatus of E79 and its pumpingcapabilities. E79 wasstill pumping effectivelyandhadJiofatank of water.
Thecrew of E79 quickly discussed what had occurred, whattheplan was goingforward, and what our next steps would be.Thefirefighters ofE79 workedtoconserve waterand keepthefire in check until additional engines arrivedon scene, Capt. Beckman madecontinuous notificationsand resource requests, andI monitoredthecondition of E79 until pumpingwas takenover by E86. 09/26/2023
Item 28.
o
CO
M
O)
hO
O
to
00 HOW DID ACCIDENT HAPPEN?
to/f/ r>Ai \/(^eTnTjo/^
Pg.4
^/Kr ^iD& aF Mytm^uajP
tl^/ Mey^ V^rkf w/fT ^T/L\)ck^ a/S
\^CL€ A-T
Dale
SUPERVISOR REVIEW
Comments, if any:
f(9
Supervisor's Signature
^6/2-2-
Dale
(After revkir, the supervisor should forward tliis report to the Risk Manager.) Accident date:
Public Entity Risk Management Authority
VEHICLE ACCIDENT REPORT
" ^_______ Tune: Z'iCC
Place where accident happened: i TCa y/o /? yg S^
YOU AND YOUR VEHICLE (Vehicle #1)
.NaniefcTitle: VAe/P/^ <V4a/£,2.___________
Department: /C6ACi>^iU\ Telephone: 5
CA Diner's Ucciise #: Ufid’T??
Vehide Make: frn
\Z3<ic^0cr
Expiration:.
Year ■2<x>l
License#:
Rcgislcred Owner
Passenger;’.Names: .yj y LuC>lk}j
Damages: T)AW>/h5g L)g>V&gCT/Fe/v^ T Ay.L.t___________________ Were yon injured? D Yes ^ No dfyes. you nnisl also conipicle an Occupational Injuiy ReportI OTHER VEHICLES AND DRIVERS (Vehicle #2)
Driser's Name: ________________ _________ Telephone: ( )________________ Address:___
Diner's License t:
Vch'idc Make: (3>MC
State:
Year
licenseK: (c
Registered Osrner: _
Passengen' Names:.
Damages:______
Insurance Company: Policy No.: _
Pg.2
Item 28.
o
CO
fo
05 n5
o
M
CO Driver’s NanK:
OTHER VEHICLES AND DRIVERS (Vehicle #3)
— Telephone: ( )
Insurance Conifxiny:. Policy No.; ,
INJURED PERSONS
(1JM hdow all ciiiplfi>va, diii'en, and pataengen fioin aU vdiidcs «tho were Hguinl) Name;
. Telephone: 1___L
Address:
Name; . Telephone;^___]_
Address:
WhereTaken:
Name:
WITNESSES
Tclcphonc: 1 l
Address;
Name;
Address:.
Telephone: 1__ J_
Address;
Driver’s license *;
Vehicle Make:
licensc #;
WhereTakeir
Name: Telephone; I 1
Address:
Where Taken:
Imesligaled hyOfficer:TRSo l<;o
LAW ENFORCEMENT Pfe.3
.\gciicy;
DIAGRAM OF ACCIDENT (Please draw diagram below.)
1. Number city vehicle as 1, other vehicle as 2, additional vchicfevqs 3, and show direction oftravel witli anows. EXAMPLE: ^ T
2. Use solid line to show path before accident //I/
3. Show pedestrian by -------- ' '
4. Show railroad by _________
5. Give names or numbers ofstrecLs or highways
6. Indicate north by arrow within this box -5 □ f
7. Show tralTic signs and signals
CONDITIONS AT ACCIDENT SCENE
Light □ Daylight ^ Night □ Dawn □ Dusk
Weatlien “A Clear □ Rain □ Snow □ Fog
Road Surface: Dry □ Debris □ Snow/Icc □ Wet
Surrounding Area: □ Business ^ Rural □ Residential
Item 28.
Witness Information Card
Your cooperation in giving this information will help us to befairto everyone involved.
Thankyou.
Accident Location.
<7
f\iB x/o
Date. /2 2 ____ Time.
Did you see the accident? XL Yes ------No
Did you see anyone hurt? ____ Yes No
Were you riding in one of the vehicies? ,X- Yes ------ No Were you a pedestrian involved in the accident? ____Yes No Your Name.
street Address.
City & State___
/Jy? //x7/f fr
Zip
Telephone: Day. Other.
Witness Information Card
Your cooperation in giving this information will help us to befairto everyone involved.
Thankyou.
Accident Locatioi
Time.
Did you see the accident?
Did you see anyone hurt?
Were you riding in one of the vehicles?
Were you a pedestrian involved in the'accident?
Your Name.
Street Address.
City & State.
Telephone: Day. Other.
09/26/2023
Item 28.
S
PRINT STATE OF CALIFORNIA, NATURAL RESOURCES AGENCY
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
CAL FIRE OPERATIONAL AND PROGRAM NOTIFICATION
UNIT: RRUFC-8180 (REV. 10/21) INCIDENT NUMBER: CA- RRU - 034296
NOTIFICATION TYPE
Notification Type: 3.0 Vehicle Accidents
Incident Related: Incident Name: HIGHWAY
1.0 General - Complete for All
Do not use proper names of persons, places, or equipment, or any other identifiers that could reasonably compromise the confidentiality of the employee.
Event Date: 03/05/2022 Time: 2259
Location of Event: NB HWY 86 s/o Ave 50, Coachella, CA
Liaison Officer Assigned: Phone Number:
□CAL FIRE Medical Designated Officer Notified
(p8180-4) Person Making Notification:
2.0 Complete for Serious Injury / Burn Center Criteria / Fatality / Near-Serious Accidents Injury Type:
CAL OSHA Notification per p8180-5 (Serious Injuries, Illness or Fatalities) Person Making Notification:
Contact Name at CAL OSHA:
Personnel: □ CAL FIRE □ Other Agency (Specify):
Extent of Injuries:
Description of Event:
09/26/2023
Item 28.
STATE OF CALIFORNIA, NATURAL RESOURCES AGENCY
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
CAL FIRE OPERATIONAL AND PROGRAM NOTIFICATION
FC-8180 (REV. 10/21)
3.0 Complete for Vehicle Accidents
o-V: ,-j«
CN
I
O
00 00
LU
a:
Z)
a
lU
o
o
QC
0. Type of Equipment Involved: Engine, Type 1 Other: 07-865 Equipment Owner: CAL FIRE X Rental / Private X other Agency (Specify): RVC Description of Damage:
CV: Major damage to front end and passenger side.
FD: Major damage to passenger side pump panei, cab, and frame Description of Event:
EE was stopped on side of roadway with code 3 iights on, engaged in fire suppression, when a civiiian vehicie struck the fire engine, missing the EE. No injuries reported for the civiiian or fire department personnel. Estimated damage for CV $70,000. Estimated damage to engine, $500,000. Riverside County Sheriff's case #Y220640040 Civilian Injuries or Fatalities: EH Yes |X No
Injury or Fatality to a CAL FIRE employee or any person working under the direction of a CAL FIRE employee (complete section 2.0): □ Yes [XI No
4.0 Complete for Crimes, Damage, Destruction or Loss Involving CAL FIRE Infrastructure and Property
Facility / Property Type:
Name:
C*J
I
o
oo
oo
LU
a:
3 O
LU
o
o
in
CL
Extent of Damage or Loss:
Description of Event:
09/26/2023
Item 28.
STATE OF CALIFORNIA. NATURAL RESOURCES AGENCY
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
CAL FIRE OPERATIONAL AND PROGRAM NOTIFICATION
FC-8180 (REV. 10/21)
5.0 Complete for CAL FIRE Camp / Inmate / Ward Incidents CDI
O
00 T—
00 lU
a:
Z3
a
LU
o
o
tx:
Q.
Type of Event:
Location:
Description of Damage:
Description of Event:
Inmate / Ward Number(s) and Name(s):
6.0 Form Generation - Complete for All Notifications
Name of Person Reporting to the ECC: BC Jorge Segura
Name of Notifying Unit ECC Officer: FC Chris Currell
Notifications Completed:
1^ DUTY CHIEF
□ DUTY CHIEF
UNIT:
REGION:
REGION OCC
I I SAC CC
SACRAMENTO: DUTY CHIEF
09/26/2023
Item 28.
^^PERMA
MEMBER PROPERTYA4EHICLE NOTICE OF LOSS FORM
SEND TO: PERMA (pooled programs) [email protected] COPY: AdminSure (claims adjuster Mike Reed): [email protected] Email subject line: [AgencyName]: Property or Vehicle loss notice_____ Today’s Date: 3/7/22____________ ______________
Type of Claim: (check all that apply) Equipment □ Other Personal Property
Vehicle
Property
Member Name & Contact Information
Member Name:City of Coachella
(PERMA member)
Address:53990 Enterprise Way, Coachella CA 92236
Phone #:760-398-3502 Emaii AddreSS:[email protected] Point int ef contarf Sandy Krause
Vehicle Policy Information
Policy Number IH3 H672737 00 Agency Code: 1001638 Policy Period: July 1. 2021-.Jnlv 1. P072 Self-Insured Retenlion/Deductibie: PERMA Pool deductible: $25.000 (Member. $5.000. except Sunline at $10.000^ Property Policy Information
Policy Number APIP 2021 fPec 11) 0702 Policy Period: July 1.2021-July 1. 2022 Self-Insured Retention/Deductible: PERMA Pool deducBble: SI00.000 (Member $10.000. except PSAT at $50.000) Loss Information _ _
Date ef inerdentraaim 3/5/22 I oeetinn:NB Hwy 86 s/0 Ave. 50 Coachella, CA , Fire Department Engine - major damage to passenger side pump panel, cab, and frame Descnption of Loss:___________________________________________________________________ Fire unit engaged in fire suppression on side ofroadway when dviiian vehicle struck the fire engine.
Please list all attached or enclosed documentation: □(check if none provided).
Riverside County Sheriffs
case #Y220640040 - waiting to receive report.
Name of Person Completing This Form:^^^^y KraUS0 signature: Y^'\£lUJU^ 09/26/2023
Item 28.
1 STAFF REPORT
6/12/2024
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Adopt Resolution No. 2024-24 Approve American Rescue Plan Act Funds (ARPA) for the State and Local Fiscal Recovery Fund (SLFRF) Program for Coachella Promise Internship Program with the Coachella Valley Unified School District (CVUSD) in the amount of $500,000.
MAYOR HERNANDEZ AND COUNCIL MEMBER GALARZA RECOMMENDATION:
That the City Council adopt Resolution No. 2024-24 (Exhibit “A”), authorizing the appropriation of American Rescue Plan Act funds from the State and Local Fiscal Recovery Fund program in the amount of five hundred thousand dollars ($500,000) for the Coachella Promise Internship Program with the Coachella Valley Unified School District and authorize the City Manager to execute the Agreement for Administration and Distribution of ARPA funds (Exhibit “B”).
BACKGROUND:
President Biden signed the American Rescue Plan Act (ARPA) into law on March 11, 2021. The legislation provides $1.9 trillion in economic stimulus funds to assist in the recovery from the COVID-19 pandemic. One component of the legislation is the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, which provides funds directly to local jurisdictions to respond to the economic and public health impacts of COVID-19. The City of Coachella expects to receive $10.94 million in total SLFRF due to its size and demographics.
City Staff identified a list of projects (Exhibit “C”) to implement utilizing ARPA funding with the input gathered through community outreach and the City Council, indicated below:
Study Session I – August 25, 2021
Study Session II – November 15, 2021
Public Survey/Community Outreach – November 2021
ARPA program guidelines under “2022 Final Rule” was then released by the U.S. Department of the Treasury on January 6, 2022 and took effect on April 1, 2022, which provided substantial flexibility for local jurisdictions within the four separate eligible use categories identified below:
Item 29.
2 Replace lost public sector revenue
Support the COVID-19 public health and economic response Provide premium pay for eligible workers performing essential work Invest in water, sewer, and broadband infrastructure
On August 2023, the U.S. Department of the Treasury released additional guidelines and amendments to the SLFRP program under the 2023 Interim Final Rule, which are indicated below:
Emergency Relief from Natural Disasters
Surface Transportation Projects
Title 1 Projects (projects that are eligible under the CDBG program) Under the SLFRF program, funds must be obligated by December 31, 2024 and must be expended by December 31, 2026. On the June 5, 2024, CVUSD provided the City with the proposal of the Coachella Promise Internship Program (Exhibit “D”).
DISCUSSION/ANALYSIS:
The Coachella Promise Internship Program is designed to provide internship opportunities and valuable work experience to students from Coachella Valley High School and La Familia High School, ages 16-18. The Program will run from Monday, June 17, 2024, to Friday, July 26, 2024.
The student interns will not be interning on the following days: June 19, July 4, and July 5.
Participating students will be placed at various school sites within the District, District Departments, and professional businesses in the City of Coachella.
Internship Program Details:
Number of Students: 90 – 105 students
Internship Duration: June 17, 2024 - July 26, 2024
Work Schedule: Monday to Thursday, 9:00 a.m. - 3:00 p.m. Lunch Break: 30 minutes (Unpaid)
Morning/Afternoon Break: 15 minutes (Paid)
Professional Development: Every Friday, interns will attend professional development sessions.
Payment: Each student will receive a stipend of $3,000 upon successful completion of the internship. ($20.20/hr.)
Uniform: Interns will be provided with polo shirts featuring the City of Coachella and CVUSD logos.
Staff recommends that the City Council adopt Resolution No. 2024-24 and authorize the City Manager to execute the Agreement for the Administration and Distribution of the ARPA funds with CVUSD.
Item 29.
3 Proposed Budget:
Program Line Item: Quantity: Cost: Total:
Student Stipend 105 $3,000 $315,000
Polo Shirts (2/Student) 210 $30 $6,300
Materials/Supplies $8,000
Food for Program $25,000
Professional Development Course (SBDC Consultant) $52,000 Administration Fee/Staff (18.74%) $93,700
GRAND TOTAL: $500,000
ALTERNATIVE(s):
1. Not adopt Resolution No. 2024-24 and approve the Agreement for Administration and Distribution of ARPA funds for the Coachella Promise Internship Program and provide Staff with new direction
FISCAL IMPACT:
There will be no impact to the General fund. Consequently, there will be a five hundred thousand dollars ($500,000) cost that will impact to the American Rescue Plan Act State and Local Fiscal Recovery Fund. All unused ARPA funds hereby shall return to the City in order to be utilized for other eligible project or programs under the SLFRF Program.
EXHIBIT(S):
A. Resolution No. 2024-24
B. Agreement for Administration and Distribution of ARPA Funds with CVUSD C. City of Coachella ARPA Project List
D. CVUSD Coachella Promise Internship Program Proposal
Item 29.
RESOLUTION NO. 2024-24
A RESOLUTION OF THE CITY OF COACHELLA CITY COUNCIL
AUTHORIZING THE USE OF THE AMERICAN RESCUE PLAN ACT
FUNDS (ARPA) FOR THE STATE AND LOCAL RECOVERY FUND
(SLFRF) PROGRAM WITH THE COACHELLA VALLEY UNIFIED
SCHOOL DISTRICT (CVUSD) FOR THE COACHELLA PROMISE
INTERNSHIP PRORAM
WHEREAS, the City, as a recipient of the American Rescue Plan Act funds (ARPA) under State and Local Fiscal Recovery Funds ("SLFRF") program, may contract with subrecipients for the furnishing of such services for the City or any Department thereof; and WHEREAS, subrecipients under the SLFRF program are entities that receive a subaward from a recipient to carry out the purposes (program or project) of the SLFRF award on behalf of the recipient; and
WHEREAS, as a recipient of these funds, CVUSD is a sub-recipient of SLFRF funds and must comply with all requirements regarding the use and reporting for expenditures of SLRFR funds; and
WHEREAS, since its emergence in early 2020, the COVID-19 pandemic has negatively impacted public health and the economy on a global scale, throughout the nation, and in the City of Coachella; and
WHEREAS, the pandemic both caused and magnified negative impacts on residents of the City, particularly low- and moderate-income families, regarding public health, food and housing insecurity, childcare, among other areas; and
WHEREAS, although as of June 15, 2021 the State substantially lifted public health orders that had been in place limiting certain activities to mitigate the spread of COVID-19, the pandemic continues to pose risks to public health and the need to respond to those risks and to recover from the negative public health and economic impacts of the pandemic continues, in particular due to the recent surge in COVID-19 cases resulting from the highly contagious Omicron BA.4 and BA.5 variant; and
WHEREAS, City Staff has confirmed that the Coachella Promise Internship Program qualifies for ARPA funding under the general Federal Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella that the foregoing Recitals are true, correct, and are hereby adopted by the City of Coachella. Based on those Recitals, the City Council hereby finds and declares as follows:
SECTION 1. The City Council hereby designates and authorizes City Staff to use the American Rescue Plan Act funds (ARPA) State and Local Recovery Fund program (SLFRF) for the Coachella Promise Internship Program and appropriation of funding.
Item 29.
Resolution No. 2024-24
SECTION 2. The City Council hereby directs the City Manager to fully execute the Agreement for Administration and Distribution of ARPA Funds with the Coachella Valley Unified School District to provide an internship program within the jurisdictional boundaries of the City.
SECTION 3. The City Council hereby appropriates five hundred thousand dollars ($500,000) in ARPA funding to the Coachella Promise Internship Program to be distributed according to the Agreement for Administration and Distribution of ARPA Funds through the Coachella Valley Unified School District.
SECTION 4. The City Council hereby directs City Staff to continue to seek alternative grant based funding opportunities to enhance the appropriated ARPA.
SECTION 5. CVUSD hereby will return all unused ARPA funds to the City in order to put utilized for other eligible project or programs under the SLFRF Program.
PASSED, APPROVED and ADOPTED this 12th day of June 2024. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
Item 29.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-24 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12th day of June 2024, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 29.
1 CITY OF COACHELLA
AGREEMENT FOR ADMINISTRATION AND DISTRIBUTION OF ARPA FUNDS
THROUGH THE COACHELLA VALLEY UNIFIED SCHOOL DISTRCT
This Agreement for the Administration and Distribution of American Rescue Plan Act (ARPA) Funds ("Agreement") is between the City of Coachella, a municipal corporation ("City"), and the Coachella Valley Unified School District, a school district ("CVUSD") and, together with the City, ("Parties"), and it is dated as of June 17, 2024 ("Effective Date").
By signing this Agreement, the Parties agree to the following terms and conditions regarding the allocation, administration, and distribution of five hundred thousand dollars ($500,000.00) of the City’s American Rescue Plan Act Funds for the Coachella Promise Internship Program (“Program”) to provide internship opportunities for high school students within the City of Coachella. As set forth herein, CVUSD will assist the City in administering and distributing the ARPA funds for the Program in City of Coachella.
RECITALS
WHEREAS, the City, as a recipient of ARPA funds under State and Local Fiscal Recovery Funds ("SLFRF") program, may contract with sub-recipients for the furnishing of such services to of for City or any Department thereof; and
WHEREAS, sub-recipients under the SLFRF program are entities that receive a sub award from a recipient to carry out the purposes (program or project) of the SLFRF award on behalf of the recipient; and
WHEREAS, as a recipient of these funds, CVUSD is a sub-recipient of SLFRF funds and must comply with all requirements regarding the use and reporting for expenditures of SLRFR funds; and
WHEREAS, since its emergence in early 2020, the COVID-19 pandemic has negatively impacted public health and the economy on a global scale, throughout the nation, and in City of Coachella; and
WHEREAS, the pandemic both caused and magnified negative impacts on residents of the City, particularly low- and moderate-income families, regarding public health, food and housing insecurity, childcare, among other areas; and
WHEREAS, although as of June 15, 2021 the State substantially lifted public health orders that had been in place limiting certain activities to mitigate the spread of COVID-19, the pandemic continues to pose risks to public health and the need to respond to those risks and to recover from the negative public health and economic impacts of the pandemic continues, in particular due to the recent surge in COVID-19 cases resulting from the highly contagious Omicron BA.4 and BA.5 variant; and
Item 29.
2 WHEREAS, accordingly, the Parties desire to enter into this Agreement for the provision of the services described herein.
TERMS
1. Disbursement of Funds. Upon execution of this Agreement by each of the Parties, the City will transmit to and deposit with CVUSD $400,000 in ARPA funds.
Following the initial allocation of $400,000, future allocation of $100,000 will only be distributed to CVUSD after satisfying the reporting requirements detailed in Section 6 of this agreement.
The proceeds shall be distributed by CVUSD pursuant to the terms of this Agreement as direct cash assistance for completing the Program of no more than three thousand dollars ($3,000) per students for up to 6 weeks.
To effectuate the provisions of this section, the City Manager shall have the authority to offset all, or any portion of the amount described in this section against amounts due to CVUSD, under this Agreement or any other agreement between CVUSD and the City.
2. Eligibility. Eligibility for stipend from CVUSD shall be limited to high school students living within the jurisdictional boundaries of the City as further described as follows:
i. Jurisdictional Boundaries. As defined by the US Department of The Treasury regarding disbursement of ARPA funds, the 2022 final rule clarified that recipients may transfer funds to any entity to carry out, as a sub-recipient, an eligible activity on behalf of the SLFRF recipient (transferor), as long as they comply with the SLFRF Award Terms and Conditions and other applicable requirements. CVUSD agrees that all students funded with the monies provided will are within the jurisdictional boundaries of the City.
3. Use of Unallocated Funds. Upon written request by the City Manager, CVUSD shall promptly return any unused or undistributed ARPA Funds during the term of this Agreement to the City for possible redistribution to other federal ARPA eligible programs authorized by the City.
4. Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall terminate on August 29, 2024, unless earlier terminated by either Party or unless all APRA Funds have, been earlier distributed by CVUSD, as set forth in this Agreement ("Term").
5. Services Provided by CVUSD. CVUSD shall perform the fallowing services for the City under this agreement:
a. Identify students to receive direct cash assistance based on their residency within in the City of Coachella who qualify as outlined in Section 2; b. Receive from students, information that confirms their residency within the jurisdictional boundaries of the City of Coachella;
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3 c. Timely notify households of their receipt of direct cash assistance; d. Disburse direct cash assistance to students located within the jurisdictional boundaries of City of Coachella;
e. Provide professional development sessions and place students at various school sites, District Departments and businesses in the Coachella Valley; f. Provide written reports to the City of Coachella as set forth below in Section 6 of this Agreement.
6. Reporting Requirements. CVUSD will provide the City of Coachella with monthly summaries and one final report, in a format reasonably designated by the City, detailing (a) all applications received, processed, and approved; and (b) all amounts disbursed to qualifying students, including a breakdown of amounts distributed to qualifying students by geographic location within the City. In addition, the City reserves the right to require written reports from CVUSD, at reasonable intervals during the Term and for six (6) months thereafter, and in a format reasonably designated by the City, detailing, among other information, the receipts, use and disbursement of all ARPA Funds. CVUSD understands and agrees that the ARPA Funds are provided as a sub award of Local Fiscal Recovery Funds under ARPA; that CVUSD, as a sub recipient of the ARPA Funds, shall cooperate with the City to ensure compliance with ARPA and its implementing rules, regulations, reporting and recordkeeping requirements, including without limitation cooperation, as requested, in connection with the City's preparation of Interim Reports, Project and Expenditure Reports and Recovery Plan Performance Reports and any other reports required by the US Treasury.
7. Single Audit Act Amendments of 1996 (Single Audit Act). The Single Audit Act Amendments of 1996 (Single Audit Act) were enacted to streamline and improve the effectiveness of audits of federal awards expended by states, local governments, and not-forprofit entities, as well as to reduce audit burdens. Amendments include uniform administrative requirements, cost principles, and audit requirements for federal awards found in Chapter 2 of the Federal Acquisition Regulations, Part 200. Single Audits are required when a non-federal entity expends $750,000 or more in federal funds in one year. Single Audits are performed by independent auditors and encompass both financial and compliance components.
The City of Coachella will be subject to future audits of these funds; the audits will be conducted by the City’s external auditors and be reviewed by the Inspector General’s Office or the Government Accountability Office. The key to withstanding any future audit will be the City’s ability to provide sufficient and appropriate documentation regarding the use of State and Federal funds in response to COVID-19. CVUSD agrees to make any and all supporting documentation available to the City within 15 working days of a request made by the City.
8. Documentation and Record Retention. The City of Coachella maintains City documents in accordance with the City’s Records Management Policy and record retention schedule. The City and any sub recipient of Coronavirus Relief Funds must retain recordsfor five years (5)
Item 29.
4 after final payment is made and should be available on requests for audits. It should be noted that documents associated with this agreement could be subject to a Public Records Act request. If a request is made, the City will respond to the request in accordance with the City’s Public Records Request Policy.
9. Non-Discrimination Requirements for Grantees. CVUSD agrees not to discriminate against any person seeking service or assistance because ofrace, color, creed,religion, national origin, sex, marital status, status in regard to public assistance, immigration status, membership or activity in a local commission, disability, sexual orientation, age, physical or mental disability.
10. Indemnification. Each Party shall Indemnify, defend, protect, hold harmless, and release the other, its officers, agents, representatives, insurers, employees, and servants from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (Including attorneys' fees and costs) arising from or in connection with, or caused by any act, omission, or negligence of such indemnifying Party or its agents, representatives, employees, servants, contractors, subcontractors, or invitees. The duty of a Party to Indemnify and hold harmless another Party shall not apply to injuries or damage for which such other Party has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty to indemnify and hold harmless set forth in this Section shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers' compensation acts, disability benefit acts, or other employee benefit acts, and shall include the duty to defend as set forth in Section 2778 of the California Civil Code. This indemnity/hold harmless provision survives the Agreement.
11. Assignment. This Agreement is not assignable by a Party, in either whole or in part, without the express consent of each other Party in the form of a formal written amendment to this Agreement.
12. Governing Law & Jurisdiction. The validity of this Agreement and of its terms, the rights and duties of the Parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venue either in Riverside County Superior Court or in the United States District Court for the Central District of California.
13. Integration & Modification. This Agreement supersedes any and all prior or contemporaneous agreements, representation, and understandings of or between the Parties, and the Parties warrant that they are not relying on any such prior representations. The Parties understand and agree that the terms of this Agreement may not be altered, amended, modified, or otherwise changed in any respect or particular except by a writing duly executed by the Parties, or their respective authorized representative(s).
Item 29.
5 14. Severability. In the event that, at any time subsequent to the execution of this Agreement, any portion or provision of it is found to be illegal, invalid, unenforceable, non-binding or otherwise without legal force or effect, the remaining portion(s) will remain in force and be fully binding.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original and all of which together will constitute a complete agreement.
Moreover, this Agreement may be signed by electronic signature and copies of original signatures shall be treated the same as the originals.
16. State and Local Fiscal Recovery Fund Sub Recipient. The monies referenced within this agreement represents a sub award of State and Local Fiscal Recovery (SLFRF) funds. As a recipient of these funds, CVUSD is a sub recipient of SLFRF funds and must comply will all requirements regarding the use and reporting for expenditures of SLFRF funds. CVUSD agrees to review and comply with the terms contained in the links provided in Attachments 1-3 for SLFRF-related documents detailing the compliance requirements for use of SLFRF funds as follows:
a. Attachment 1: Department of Treasury Final Rule - Coronavirus State and Local Fiscal Recovery Funds
b. Attachment 2: Department of Treasury Overview of the Final Rule - Coronavirus State and Local Fiscal Recovery Funds
c. Attachment 3: Department of Treasury Compliance and Reporting Guidance - Coronavirus State and Local Fiscal Recovery Funds
d. And all other federal and state laws rules and regulations including those pertaining to providing funds to undocumented immigrants and all tax reporting requirements of the Internal Revenue Service. CVUSD agrees to be responsible for any fines, penalties and audit fees resulting from non-compliance with the items listed in this section.
17. Insurance.
a. Time for Compliance. Consultant 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, Consultant shall not allow any sub consultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the sub consultant has secured all insurance required under this section.
Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
b. Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do
Item 29.
6 not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
i. Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
ii. Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
iii. Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. iv. Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
c. Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
i. Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4)
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7 contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
ii. Automobile Liability: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
iii. Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
iv. Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation:
A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
d. Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance.
Policies shall contain or be endorsed to contain such provisions. e. Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants. f. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers,
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8 employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
g. Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
h. Acceptability of Insurers. 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 authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Enforcement of Agreement Provisions (non-estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
j. Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. k. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
ii. If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain
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9 the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
iii. The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. iv. Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further, the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
vi. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
l. Insurance for Sub consultants. Consultant shall include all sub consultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing sub consultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the sub consultant’s policies. All policies of Commercial General Liability insurance provided by Consultant’s sub consultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any sub consultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of sub consultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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10 IN WITNESS WHEREOF, the Parties, by their duly authorized representatives, have signed Agreement as of the Effective Date set forth above.
CITY OF COACHELLA COACHELLA VALLEY UNIFIED
SCHOOL DISTRICT
By: ____________________________ By: ____________________________ Dr. Gabriel Martin Dr. Frances Esparza
City Manager Interim Superintendent
City of Coachella Coachella Valley Unified School
District
Attest:
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
Item 29.
11 Attachment 1:
Department of Treasury Final Rule - Coronavirus State and Local Fiscal Recovery Funds:
Link: https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf
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12 Attachment 2:
Department of Treasury Overview of the Final Rule - Coronavirus State and Local Fiscal Recovery Funds
Link: https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf
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13 Attachment 3:
Department of Treasury Compliance and Reporting Guidance - Coronavirus State and Local Fiscal Recovery Funds
Link: https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-ReportingGuidance.pdf
Item 29.
Title Original Cost Type Summary Approved Amount
Broadband Feasibility Study $ 80,000 Study Increase broadband capacity Home Repair/Weatherization Program $ 500,000 City Program $20,000/applicant = 25 applicants $ 500,000 Workforce Development Program $ 500,000 City Program
Government Pathway Internship Program -
One Future CV & Resident Engagement
Academy
$ 613,450
New Citywide Software Upgrade $ 400,000 Project Permit tracking, plan submittal, finance, business license, etc. $ 400,000
Fire Station Remodel Project $ 5,000,000 Project Public Safety - Technology Infrastructure $ 5,491,401 Civic Center Pandemic Retrofit Project $ 600,000 Project Technology Infrastructure Sewer/Water Infrastructure Projects $ 2,210,000 Project Sewer Projects (Sanitary Plant Equipment) $ 2,210,000 Broadband Infrastructure Projects $ 202,000 Project Wi-Fi at City Parks (Rancho Las Flores, Bagdouma and Dateland Parks
Cash Assistance Program $ 1,000,000 Non Profit
Program Possible Partnership is MAF and Lift to Rise $ 1,008,000 COVID-19 Public Health Mitigation and
Prevention $ 450,000 City Program COVID-19 Supplies $ 159,756 Central Park Project Options - Develop tract map for housing project and park design and construction docs $ 559,393 TOTAL: $ 10,942,000 $ 10,942,000
American Relief Act Fund
Item 29.
Item 29.
Exhibit “D”
1 The Coachella Promise Internship Program Proposal
Purpose:
The purpose of this proposal is to outline the terms and conditions under which the City of Coachella “the City” and the Coachella Valley Unified School District “the District” will collaborate on the Coachella Promise Internship Program “the Program”, a grant-funded initiative aimed at skill and employment development for students. The funds will be provided by the City via the American Rescue Plan Act Funds (ARPA).
Program Overview:
The Coachella Promise Internship Program is designed to provide internship opportunities and valuable work experience to 90 - 105 students from Coachella Valley High School and La Familia High School, ages 16-18. The Program will run from Monday, June 17, 2024, to Friday, July 26, 2024. The student interns will not be interning on the following days: June 19, July 4, and July 5. Participating students will be placed at various school sites within the District, District Departments, and professional businesses in the City of Coachella.
Internship Details:
Number of Students: 90 – 105 students
Internship Duration: June 17, 2024 - July 26, 2024
Work Schedule: Monday to Thursday, 9:00 a.m. - 3:00 p.m. Lunch Break: 30 minutes
Morning/Afternoon Break: 15 minutes
Professional Development: Every Friday, interns will attend professional development sessions.
Payment: Each student will receive a stipend of $3,000 upon successful completion of the internship.
Uniform: Interns will be provided with polo shirts featuring the City of Coachella and CVUSD logos.
Responsibilities of the City:
1. Provide grant money totaling $500,000
2. Provide payment of invoice for polo shirts with the City and CVUSD logos. (Polo Shirts cost will be covered by the ARPA grant money).
Responsibilities of the District:
1. Coordinate and manage the overall internship program.
Item 29.
Exhibit “D”
2 2. Identify and select eligible students from Coachella Valley High School and La Familia High School.
3. Place students at various school sites, District Departments, and businesses in the Coachella Valley.
4. Process order for polo shirts with the City and CVUSD logos.
5. Monitor student attendance and performance.
6. Ensure the hosting school, department, or business signs a timecard at the end of each Thursday.
7. Ensure timely payment of the $3,000 stipend to each student upon completion of the program.
8. Ensure timely payment to support staff processing information and payroll for student interns.
9. Provide professional development sessions every Friday.
10.Provide the City with final report or/and any weekly summaries Proposed Budget:
Program Line Item: Quantity: Cost: Total:
Student Stipend 105 $3,000 $315,000
Polo Shirts (2/Student) 210 $30 $6,300
Materials/Supplies $8,000
Food for Program $25,000
Professional Development Course (SBDC
Consultant)
$52,000
Administration Fee/Staff (18.74%) $93,700
GRAND TOTAL: $500,000
Responsibilities of the Host Sites:
1. Provide meaningful work experiences related to the students' areas of interest.
2. Supervise and mentor the student interns.
3. Sign the students' timecards daily to document their attendance and work hours.
Term:
This program shall commence on the date of the last signature below and remain in effect until July 26, 2024, unless terminated earlier by mutual written consent of both Parties.
Both parties shall enter into an Agreement for the Administration and Distribution of the American Rescue Plan Act Funds “the Agreement”.
All unused ARPA funds hereby shall be return to the City in order to be utilized for other eligible project and programs under the SLFRF Program.
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Exhibit “D”
3 Amendments:
Any amendments to this Agreement shall be made in writing and signed by authorized representatives of both Parties.
Termination:
Either Party may terminate the Agreement with a 30-day written notice to the other Party.
This proposal establishes the framework for the successful implementation of the Coachella Promise Internship Program, fostering collaboration between the City of Coachella and the Coachella Valley Unified School District to benefit the students and community.
Item 29.
STAFF REPORT
6/12/2024
TO: Honorable Mayor and City Council Members
FROM: Anahi Fernandez, Management Analyst
SUBJECT: City of Coachella Cannabis Business Program Update STAFF RECOMMENDATION:
Staff recommends that the City Council receive and file the City of Coachella Cannabis Business Program Update.
BACKGROUND:
The City of Coachella adopted commercial cannabis activity regulatory permits in Coachella Municipal Code (C.M.C.) Chapter 5.68 of Title 5 (Business Licenses and Regulations) in 2016 to regulate the cultivation, manufacturing, testing, distribution, and transportation of medicinal and nonmedicinal adult use cannabis within the City. Later, in 2018, the City adopted cannabis retailer and retail microbusiness regulatory permits in C.M.C. Chapter 5.69 of Title 5, and conducted two rounds of retail cannabis reviews for Conditional Use Permit (CUP) and Cannabis Regulatory Permit (CRP) applications. Cannabis retail round one (1) took place in 2018, and cannabis retail round two (2) took place in 2020. In 2019, the City implemented its Cannabis Social Equity Program (CSEP) to provide assistance and support to individuals negatively impacted by the disproportionate enforcement of cannabis-related crimes, providing them with an opportunity to participate in the cannabis industry.
DISCUSSION/ANALYSIS:
The City of Coachella has twenty-two (22) active cannabis operators. Eleven (11) operators conduct cultivation activities, one (1) operator conducts manufacturing, four (4) conduct distribution, there are two (2) permitted microbusinesses, five (5) active storefront retailers, and one (1) non-storefront retailer. Table 1 provides a detailed list of the City’s active cannabis operators.
Item 30.
Table 1: City of Coachella Cannabis Operators
City of Coachella Cannabis Operators
DBA Business Type Premise
Scarlett Rae Holdings Cultivation Avenue 48
Gentleman’s Cut Cultivation Avenue 48
Greenwel Consulting Cultivation Avenue 48
JVTS Cultivation Avenue 48
Coachella Herb Plantation Cultivation & Distribution Avenue 48 Green Renewable Future Cultivation Avenue 48
Coachella Valley Growers Cultivation Fillmore Street
Verde Six Twelve Cultivation Avenue 48
AJAX Farms Cultivation Avenue 48
Massive Industries Cultivation Avenue 54
Ares One Cultivation Avenue 48
D9 Manufacturing Manufacturing & Distribution Avenue 48 Coachella Distribution Distribution Avenue 48
Loyalty AC Distribution Avenue 48
Coachella Lighthouse Storefront Retail Avenue 48
Coachella Smoke Co Storefront Retail Grapefruit Blvd.
Coachella Releaf Storefront Retail Avenue 54
Coachella Greenery Storefront Retail Avenue 48
Coachella Canna Club Storefront Retail Dillon Road
Best Friends Farm Non Storefront Retail Avenue 50
Verde Nine Fourteen Microbusiness Avenue 48
Chad Enterprises Microbusiness Cesar Chavez St.
Cannabis Tax Revenues
Cannabis tax revenues are collected by the City on a quarterly basis. In 2022, the City Council revised cannabis tax rates for cultivation, manufacturing, and testing to encourage growth of the cannabis industry in the City. The City’s current tax rates for cannabis businesses are as follows:
A. Cultivation (indoor & outdoor) – $0.03 per dollar of gross receipts B. Retail – six cents ($0.06) for each $1.00 of gross receipts C. Manufacturing - $0.02 per dollar of gross receipts
D. Distribution – zero cents ($0.00) for each $1.00 of gross receipts; and E. Testing – zero cents ($0.00) for each $1.00 of gross receipts.
For the current Fiscal Year 2023-2024, the City has collected a total of $844,837.00 in tax revenues as of March 31, 2024. The City expects to collect tax revenues for one more quarter this fiscal year. Table 2 displays the total amount of tax revenues the City has collected for all cannabis businesses since 2019.
Item 30.
Table 2: City of Coachella Tax Revenues (2019 – 2024)
FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
Cultivation $10,477 $1,229,184 $669,246 $551,597 $226,390 Manufacturing $46,257 $32,125 $2,156 $1,957 -
Distribution - $75 $21,418 - -
Retail $384,228 $636,130 $684,349 $535,086 $618,447
$440,962 $1,897,514 $1,377,168 $1,088,640 $844,837
Neighboring Coachella Valley cities have also reassessed their cannabis tax rates. The City of Coachella’s retail tax rate is no longer the lowest in the Coachella Valley. Coachella is also the only city to charge cultivation tax as a percentage, while neighboring cities charge on a per sq. ft. basis. Tables 3 and 4 display cannabis tax rates in neighboring Coachella Valley incorporated cities compared to cannabis tax rates in the City of Coachella.
Table 3: Coachella Valley Tax Rates (Retail and Manufacturing) *Cathedral City collects product-specific manufacturing taxes: $0.05 per produced cannabis piece
Item 30.
Table 4: Coachella Valley Tax Rates (Cultivation)
*Coachella collects 3% of gross receipts for cultivation Cannabis Program Compliance
This fiscal year, the Development Services Department has conducted seventeen (17) cannabis facility site visits to ensure compliance with the C.M.C. and Department of Cannabis Control regulations. Site visits are a CRP application and renewal requirement. Routine site visits have assisted staff in addressing concerns related to odor control, security, and standard operating procedures. Site visits have been helpful with maintaining up to date records of active cannabis businesses and maintaining active communication with current operators.
Cannabis Social Equity Program
The CSEP is dedicated to aiding individuals and businesses that were negatively impacted by cannabis criminalization during the war on drugs, allowing participants to gain entry in California’s regulated cannabis marketplace and economy. An applicant is eligible for CSEP benefits if they have been convicted of a cannabis related crime between 1980 – 2016 and are lowincome. The City has five (5) CSEP participants who have been social equity verified. These participants have received assistance with educational training, technical assistance, and grant funding. Two (2) CSEP participants operate dispensaries (Coachella Releaf and Coachella Greenery). One (1) CSEP participant is constructing their dispensary (Pueblo Cannabis), and two (2) other participants have received technical assistance and educational training on the cannabis industry and business management.
To enhance the City’s CSEP, staff is working on conducting additional outreach and future informational events.
Item 30.
Cannabis Program Goals
The cannabis industry has faced challenges due to ongoing competition with the black market, local businesses not having enough power to perform cannabis activities, significant drops in the price of cannabis product, and market saturation. Regardless of these challenges, the industry continues to grow and various businesses have managed to stay afloat, adjusting to the changes and challenges of the industry. Staff has supported and continues to support local cannabis businesses. Staff is actively looking for ways to enhance the City’s cannabis business program.
Our goals are to increase the City’s collection of tax revenue and foster better relationships with current operators. Staff plans to conduct informational and educational cannabis workshops for current and future operators as well as outreach events to promote growth in the City’s cannabis industry.
FISCAL IMPACT:
None. This report is intended to provide an update on the City’s Cannabis Business Program and report on the revenues to the City from the implementation of the program.
Item 30.
STAFF REPORT
6/12/2024
TO: Honorable Mayor and City Council Members
FROM: Castulo Estrada, Utilities Manager
SUBJECT: Construction Contract with Jacobsson Engineering Construction Inc. in the amount of $2,136,711.50 plus 10% contingency and appropriation of $200,000.00 from Fund 101 (General Fund) for Construction of the Mesquite Water Consolidation Project Improvements, City Project No. W-32 STAFF RECOMMENDATION:
Contingent upon the review of the bid documents by the State Water Resources Control Board (SWRCB), and subsequent approval. Staff recommends the City Council to:
o Authorize a construction contract with Jacobsson Engineering Construction Inc. in the amount $2,136,711.50 plus 10% contingency;
o Authorize appropriation of $200,000.00 from Fund 101 (General Fund) for the construction of Mesquite Water Consolidation Project Improvements, City Project No. W-32.
BACKGROUND:
The City of Coachella secured a Drinking Water State Revolving Fund (DWSRF) grant in the amount of $1,575,100.00 to provide water services to the Mesquite community. The existing onsite private well failed and can no longer provide adequate potable water supply. The Coachella Water Authority (CWA) has provided emergency “temporary” water connection to the Mesquite community since September of 2016. Since the City and CWA has been coordinating with the State, Riverside County and the Mesquite community to develop a permanent connection to its system.
DISCUSSION/ANALYSIS:
The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On April 19, 2024, the City issued the Notice Inviting Bids with a non-mandatory job walk held on April 25, 2024. The project bid opening was held on June 4, 2024 at 10:00 a.m., with two companies submitting a bid for this project. The bid opening results are listed below:
Item 31.
Company Name: City: Bid Amount:
Jacobsson Engineering Construction Palm Desert $2,136,711.50 T.E. Roberts Irvine $3, 026,510.00
Staff has reviewed the bid and determined that Jacobsson Engineering Construction Inc. is the lowest, responsive, responsible bidder. The total project cost, including design engineering, construction engineering, materials testing, construction and a 10% contingency is as follows:
Project Item: Project Cost:
Materials Testing $ 15,000.00
Construction $ 2,136,711.50
Construction Survey $ 10,000.00
Construction Contingency (10%) $ 213,674.15
TOTAL PROJECT COST: $2,375,385.65
FISCAL IMPACT:
The project has been included in the City’s approved CIP FY 24/25 budget. The total project cost including the contract amount of $2,136,711.50 and contingency in an amount of $213,385.65 will be funded with water connection fees in the amount of $2,175,385.65 (Fund 177) and general funds in the amount of $200,000.00 (Fund 101). With this action Council appropriates $200,000.00 from Unassigned Fund Balance (General Fund 101) to Fund 178-21-432-10-734-000 W-32 for the construction of the Mesquite Water Consolidation Project.
As reflected on this staff report, the City has an existing agreement with the State Water Board in the amount of $1,575,100.00 for reimbursement. The next step requires the submittal of bid results to the State Water Resources Control Board Division of Financial Assistance, with the appropriate forms for a Final Budget Approval that may increase our funding amount so that all costs are reimbursed.
ATTACHMENTS:
1. Construction Contract for Jacobsson Engineering Construction Inc.
2. W-32 Bid Comparison
3. Mesquite Water Project Exhibit
4. Water Boards Amendment No. 1 Agreement
Item 31.
MESQUITE WATER CONSOLIDATION PROJECT -50- CONTRACT FOR CONSTRUCTION
CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), is made and entered into this 12th day of June, 2024, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and Jacobsson Engineering Construction Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
MESQUITE WATER CONSOLIDATION PROJECT
CITY PROJECT NO. W-32
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 120 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million One Hundred Thirty-Six Thousand Seven Hundred Eleven Dollars and Fifty Cents ($2,136,711.50). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500.00 for each and every Working Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages
Item 31.
MESQUITE WATER CONSOLIDATION PROJECT -51- CONTRACT FOR CONSTRUCTION and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
Item 31.
MESQUITE WATER CONSOLIDATION PROJECT -52- CONTRACT FOR CONSTRUCTION The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Item 31.
MESQUITE WATER CONSOLIDATION PROJECT -53- CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF COACHELLA
By:
Gabriel Martin
City Manager
ATTEST:
By:
Delia Granados, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
JACOBSSON ENGINEERING
CONSTRUCTION INC.
IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED
By:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
Item 31.
MESQUITE WATER CONSOLIDATION PROJECT -54- CONTRACT FOR CONSTRUCTION Notary Acknowledgment
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.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 2024, before me, _______________________________, Notary Public, 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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
END OF CONTRACT
Item 31.
SAN REY DR COLONIA DR
SANTO LN
SOLEDAD PL
SAN ASIS DR
CALLE TOLOSA
50TH AVE
JACKSON ST
767120012
767120015 767120016
767120013 767120014 767120017
767120010
767120008
767120009
767120011
767120007
767120006
767120005
767120019
0 100 200 300 400
FT.
DATA SOURCES: RIVERSIDE COUNTY
IT-GIS (JANUARY 2017), USGS, ESRI
NOTE THE PROPOSED UTILITY CORRIDOR
SHOWN HEREIN REPRESENTS THE
APPROXIMATE ROUTE OF VARIOUS UTILITY ALTERNATIVES.
DATE: 7/6/2017
MESQUITE WATER IMPROVEMENTS
PROPOSED UTILITY CORRIDOR
LEGEND
PROJECT ROUTE (UTILITY CORRIDOR)
CITY BOUNDARIES
MESQUITE RESIDENTIAL COMMUNITY PARCELS
CITY CITY
OF INDIO OF INDIO (UNINCORPORATED) (UNINCORPORATED)
CITY OF CITY OF
COACHELLA COACHELLA
PROJECT SITE
CITY CITY
OF INDIO OF INDIO
PROJECT SITE
0 30 60 Mi. REGIONAL OVERVIEW
0 1 2 Mi. PROJECT VICINITY
Item 31.
CITY OF COACHELLA
Mesquite Water Consolidation Project -Bid Comparison
Project No. W-32
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Mobilization 1 LS $ 125,000.00 $ 125,000.00 $ 79,365.00 $ 79,365.00 $ 543,609.00 $ 543,609.00 2 Dust Control/Stormwater Best Management Practices
(BMP’s) 1 LS $ 7,500.00 $ 7,500.00 $ 11,116.00 $ 11,116.00 $ 144,681.00 $ 144,681.00 3 Traffic Control & Site Protection 1 LS $ 10,000.00 $ 10,000.00 $ 63,250.00 $ 63,250.00 $ 96,188.00 $ 96,188.00 4 Striping Restoration 1 LS $ 23,000.00 $ 23,000.00 $ 17,208.00 $ 17,208.00 $ 14,498.00 $ 14,498.00 $ 165,500.00 $ 170,939.00 $ 798,976.00
UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 5 Remove Existing Asphalt, Agg Base, & Subgrade for Water Main Trench (+/- 4’ Wide) 7,281 SF $ 12.00 $ 87,372.00 $ 8.90 $ 64,800.90 $ 7.00 $ 50,967.00 6 Furnish & Install 12” AWWA C-900 PVC Water Main CL-235 1,347 LF $ 200.00 $ 269,400.00 $ 133.50 $ 179,824.50 $ 226.00 $ 304,422.00 7 Furnish & Install 12” Butterfly Valve (FLG) 3 EA $ 4,000.00 $ 12,000.00 $ 6,843.00 $ 20,529.00 $ 6,228.00 $ 18,684.00 8 Furnish & Install 12” Cross 1 EA $ 500.00 $ 500.00 $ 2,270.00 $ 2,270.00 $ 3,640.00 $ 3,640.00 9 Furnish & Install 12” Blind Flange (FLG) 1 EA $ 350.00 $ 350.00 $ 1,782.00 $ 1,782.00 $ 2,134.00 $ 2,134.00 10 Furnish & Install 12” x 8” Tee (FLG) 1 EA $ 500.00 $ 500.00 $ 1,617.00 $ 1,617.00 $ 2,870.00 $ 2,870.00 11 Furnish & Install 8” Gate Valve (FLG) With PCC Tri-Collar Per CVWD Std W-17 & W-18 1 EA $ 2,500.00 $ 2,500.00 $ 5,768.00 $ 5,768.00 $ 5,427.00 $ 5,427.00 12 Furnish & Install Restrained Joints 320 LF $ 200.00 $ 64,000.00 $ 30.20 $ 9,664.00 $ 24.00 $ 7,680.00 13 Furnish & Install 6” Fire Hydrant Assembly & Valve Operator Well Per CVWD Std W-34A & W-17 & W-18 5 EA $ 12,500.00 $ 62,500.00 $ 17,861.00 $ 89,305.00 $ 17,349.00 $ 86,745.00 14 Furnish & Install 3/8” Steel Casing for 12” Water Main 22 LF $ 400.00 $ 8,800.00 $ 590.00 $ 12,980.00 $ 775.00 $ 17,050.00 15 Furnish & Install 2” Air Vac Assembly Per CVWD Std W-21B & W-27/S-38 1 EA $ 10,000.00 $ 10,000.00 $ 10,675.00 $ 10,675.00 $ 8,755.00 $ 8,755.00 15A Furnish and Install 2" Air Vac Assembly Per COC Std W-2 1 EA $ 5,000.00 $ 5,000.00 $ 4,913.00 $ 4,913.00 $ 6,432.00 $ 6,432.00 16 Furnish & Install 1” Copper Water Service per CVWD Std W-7 and New Meter Box. Abandon Line & Connect to New Meter
2 EA $ 3,500.00 $ 7,000.00 $ 34,050.00 $ 68,100.00 $ 2,731.00 $ 5,462.00 17 Install City Furnished 3/4” Allegro Water Meter per CVWD W7 2 EA $ 800.00 $ 1,600.00 $ 1,226.00 $ 2,452.00 $ 1,109.00 $ 2,218.00 18 Remove and Salvage Existing Water Meter To City Yard 2 EA $ 100.00 $ 200.00 $ 1,467.00 $ 2,934.00 $ 1,001.00 $ 2,002.00 19 Adjust Valve Collar to Grade Per COC Std W-7 (Tri-Collar) 1 EA $ 3,000.00 $ 3,000.00 $ 1,342.00 $ 1,342.00 $ 1,221.00 $ 1,221.00 20 Repair Trench with 6” AC / 7” CL 2 AB (+/- 4' Wide) Per Plan Sheet Detail 7,281 SF $ 5.00 $ 36,405.00 $ 17.50 $ 127,417.50 $ 9.00 $ 65,529.00 $ 571,127.00 $ 606,373.90 $ 591,238.00
UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 21 Remove Existing Asphalt, Agg Base, & Subgrade for Water Main Trench (+/- 4’ Wide) From COC Limits West to Jackson Street
4,288 SF
$ 12.00 $ 51,456.00 $ 3.60 $ 15,436.80 $ 11.00 $ 47,168.00 22 Remove Existing Asphalt, Agg Base, & Subgrade for Water Main Trench (Full Width) From COC Limits East to Colonia Property Line
25,496 SF
$ 12.00 $ 305,952.00 $ 3.70 $ 94,335.20 $ 5.00 $ 127,480.00 23 Furnish & Install 12” AWWA C-900 PVC Water Main CL-235 1,809 LF $ 200.00 $ 361,800.00 $ 125.50 $ 227,029.50 $ 194.00 $ 350,946.00 24 Furnish & Install 12” Butterfly Valve (FLG) 2 EA $ 4,000.00 $ 8,000.00 $ 6,845.00 $ 13,690.00 $ 6,516.00 $ 13,032.00 MOBILIZATION, BMP’S, SITE PROTECTION, TRAFFIC CONTROL, & STRIPING
RESTORATION
BASE BID AREA NO. 1
BASE BID AREA NO. 2
BASE BID AREA NO. 3
AVENUE 50 WATER SYSTEM INSTALLATION AND STREET REPAIRS
BASE BID AREA NO. 1 TOTAL:
BASE BID AREA NO. 2 TOTAL:
JACKSON STREET WATER SYSTEM INSTALLATION & STREET REPAIRS Bid Schedule ENGINEER'S ESTIMATE JACOBSSON ENGINEERING
CONSTRUCTION, INC. T.E.ROBERTS, INC.
Item 31.
25 Furnish & Install 2” Air Vac Assembly Per CVWD Std W-21B & W-27/S-3B 2 EA $ 10,000.00 $ 20,000.00 $ 9,897.00 $ 19,794.00 $ 13,250.00 $ 26,500.00 26 Furnish & Install Restrained Joints 241 LF $ 200.00 $ 48,200.00 $ 42.60 $ 10,266.60 $ 28.00 $ 6,748.00 27 Furnish & Install 6” Fire Hydrant Assembly & Valve Operator Well Per CVWD W-34A & W-17 & W-18 4 EA $ 12,500.00 $ 50,000.00 $ 23,875.00 $ 95,500.00 $ 19,645.00 $ 78,580.00 28 Repair Trench with 6” AC Over Native (+/- 4' Wide) From Jackson Street East to COC Limits 4,288 SF $ 5.00 $ 21,440.00 $ 11.70 $ 50,169.60 $ 16.00 $ 68,608.00 29 Replace Asphalt & Agg Base, 6” AC/6” CL2 AB (Full Width) From COC Limits East to Colonia Property Line 25,496 SF $ 8.00 $ 203,968.00 $ 11.60 $ 295,753.60 $ 10.00 $ 254,960.00 $ 1,070,816.00 $ 821,975.30 $ 974,022.00
UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 30 Pulverize, Blend & Trim Existing Asphalt & Subgrade for Water Main Trench (+/- 20’ Wide) on Private Road From
Jackson Street To Limits as Per Plan (F)
22,200 SF
$ 8.00 $ 177,600.00 $ 1.40 $ 31,080.00 $ 5.00 $ 111,000.00 31 Remove & Replace Existing Asphalt, Agg Base, & Subgrade for Water Main Tie- In on San Isis Dr. (Thickness to Match Existing)
488 SF
$ 8.00 $ 3,904.00 $ 14.50 $ 7,076.00 $ 29.00 $ 14,152.00 32 Remove & Replace Existing Sidewalk/Driveway for Water Main Tie- In on San Isis Dr. 521 SF $ 40.00 $ 20,840.00 $ 20.40 $ 10,628.40 $ 21.00 $ 10,941.00 32A Remove & Replace Existing C&G for Tie-In 10 LF $ 25.00 $ 250.00 $ 55.40 $ 554.00 $ 495.00 $ 4,950.00 33 Remove & Replace Existing Landscape (In Kind) for Water Main Tie- In on San Isis Dr. 1 LS $ 1,500.00 $ 1,500.00 $ 6,419.00 $ 6,419.00 $ 16,500.00 $ 16,500.00 34 Sleeve/Excavate Under Existing Wall/Footing for Water Main Tie- In on San Isis Dr. 1 LS $ 3,500.00 $ 3,500.00 $ 11,259.00 $ 11,259.00 $ 15,580.00 $ 15,580.00 35 Furnish & Install 8” AWWA C-900 PVC Water Main CL-235 1,607 LF $ 180.00 $ 289,260.00 $ 94.50 $ 151,861.50 $ 122.00 $ 196,054.00 36 Furnish & Install Restrained Joints 396 LF $ 200.00 $ 79,200.00 $ 23.40 $ 9,266.40 $ 21.00 $ 8,316.00 37 Furnish & Install 8” 11.25 Degree Bend 1 EA $ 500.00 $ 500.00 $ 707.00 $ 707.00 $ 1,349.00 $ 1,349.00 38 Furnish & Install 8” Gate Valve per CVWD W-17 & W-18 1 EA $ 2,500.00 $ 2,500.00 $ 5,702.00 $ 5,702.00 $ 7,201.00 $ 7,201.00 39 Furnish & Install 8” Tee 1 EA $ 500.00 $ 500.00 $ 1,910.00 $ 1,910.00 $ 3,354.00 $ 3,354.00 40 Furnish & Install 6” Fire Hydrant Assembly & Valve Operator Well Per CVWD Std W-34A & W-17 & W-18 4 EA $ 12,500.00 $ 50,000.00 $ 15,527.00 $ 62,108.00 $ 17,228.00 $ 68,912.00 41 Furnish & Install 2” Air Vac Assembly Per CVWD W-21B & W27/S-3B 2 EA $ 10,000.00 $ 20,000.00 $ 9,743.00 $ 19,486.00 $ 8,596.00 $ 17,192.00 42 Furnish & Install 1” Copper Water Service per CVWD Std W-7 and New Meter Box. Abandon Line & Connect to New Meter
12 EA
$ 3,500.00 $ 42,000.00 $ 3,228.00 $ 38,736.00 $ 2,271.00 $ 27,252.00 43 Install City Furnished 3/4” Allegro Water Meter per CVWD W7 12 EA $ 500.00 $ 6,000.00 $ 753.50 $ 9,042.00 $ 286.00 $ 3,432.00 44 Remove and Salvage Existing Water Meter To City Yard 12 EA $ 50.00 $ 600.00 $ 472.00 $ 5,664.00 $ 167.00 $ 2,004.00 45 Furnish & Install 3” AC Over Pulverized, Blended & Trimmed Subgrade for Water Main Trench (+/- 20' wide) on private road from Jackson Street to Limits as per plan (F)
22,200 SF
$ 8.00 $ 177,600.00 $ 5.60 $ 124,320.00 $ 5.00 $ 111,000.00 46 Abandon Well Site Per Plan Note Sheet 7 and Riv. Cnty Environmental Health Requirements 1 LS $ 35,000.00 $ 35,000.00 $ 40,037.00 $ 40,037.00 $ 39,785.00 $ 39,785.00 47 Furnish & Install Project ID Sign on 4x4 Posts 2 EA $ 500.00 $ 1,000.00 $ 783.50 $ 1,567.00 $ 1,650.00 $ 3,300.00 $ 911,754.00 $ 537,423.30 $ 662,274.00
GRAND TOTAL: $ 2,719,197.00 GRAND TOTAL: $ 2,136,711.50 GRAND TOTAL: $ 3,026,510.00 Indicates Staff correction of the math.
Indicates Apparent Low Bidder
BASE BID AREA NO. 4
MESQUITE ENCLAVE & PRIVATE ROAD WATER SYSTEM INSTALLATION & STREET
REPAIRS
BASE BID AREA NO. 3 TOTAL:
BASE BID AREA NO. 4 TOTAL:
CITY OF COACHELLA
Mesquite Water Consolidation Project -Bid Comparison
Project No. W-32
Item 31.
DRINKING WATER CONSTRUCTION
GRANT AND LOAN
AGREEMENT NO. SWRCB0000000000D2002057
by and between
CITY OF COACHELLA (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the
MESQUITE MUTUAL WATER COMPANY CONSOLIDATION PROJECT
3310007-002C (“Project”)
CALSTARS AGREEMENT NO. D20-02057
FI$CAL AGREEMENT NO. SWRCB0000000000D2002057
AMENDMENT NO. 1
Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.
Section 116766 of the Health and Safety Code and State Water Board Resolution No. 2019-0042 PROJECT FUNDING AMOUNT: $1,575,100
GRANT COMPONENT: $1,550,100
PRINCIPAL FORGIVENESS COMPONENT: $25,000
ESTIMATED REASONABLE PROJECT COST: $1,575,100
ELIGIBLE WORK START DATE: DECEMBER 21, 2016
ELIGIBLE CONSTRUCTION START DATE: MARCH 25, 2021
CONSTRUCTION COMPLETION DATE: MAY 30, 2022 DECEMBER 31, 2023 FINAL REIMBURSEMENT REQUEST DATE: NOVEMBER 30, 2022 JUNE 30, 2024 RECORDS RETENTION END DATE: MAY 30, 2058 DECEMBER 31, 2059 This Agreement executed by the State Water Board on September 1, 2021 is hereby amended and restated, to revise the cover page, the Agreement, and Construction completion date and Exhibits A and D (deletions shown as stricken and revisions bold and underlined). Except as noted herein all other terms and conditions shall remain the same. Please note, page numbers may have changed.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
3pg18xi20
1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
Exhibit A – Scope of Work and Schedule
Exhibit B – Specific Funding Provisions
Exhibit C – GENERAL TERMS AND CONDITIONS 2019-NOV
Exhibit D – Special Conditions
2. The following documents are also incorporated by reference:
Reserved.
the Drinking Water System Permit No. 05-20-09P-011;
the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/davisbacon/20 20_dwsrf_governmental_entities.pdf
3. Party Contacts during the term of this Agreement are:
State Water Board City of Coachella
Section: Division of Financial Assistance
Name: Joseph Quilatan,
Project Manager
Name: Gabriel D. Martin,
City Manager
Address: 1001 I Street, 16th Floor Address: 53990 Enterprise Way City, State,
Zip:
Sacramento, CA 95814 City, State, Zip: Coachella, CA 92236 Phone: (916) 322-9671 Phone: (760) 398-3502
Fax: Fax:
Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.
4. Conditions precedent to this Agreement are set forth as follows:
(a) Reserved.
(b) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement.
5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
3pg18xi20
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.
6. This Agreement may be executed and delivered in any number of counterparts, each of which when delivered shall be deemed to be an original, but such counterparts shall together constitute one document. The parties may sign this Agreement either by an electronic signature using a method approved by the State Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic signature using a method approved by with the State Water Board is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility.
Item 31.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1. PROJECT PURPOSE AND DESCRIPTION.
The Project is for the benefit of the Recipient and has a Useful Life of fifty (50) years. The funding under this Agreement shall be used to consolidate the Mesquite Mutual Water Company with the City of Coachella. The purpose of the Project is to provide permanent extension of water services from the City of Coachella to the homes in the Mesquite Mutual Water Company community system.
A.2. SCOPE OF WORK.
The Recipient agrees to do the following:
The project will consolidate Mesquite Mutual Water Company (MMWC) with the City of Coachella’s water system by connecting new pipelines to the City's existing lines. There will be two connections into the City’s system: one along Avenue 50 and another through the cul-de-sac along San Asis Drive. This system will require approximately 2,748 linear feet of 12 inch-pipes to be connected to the existing line along Avenue 50 and along Jackson Street, and approximately 1,591 linear feet of 8-inch pipes will then loop back from Jackson Street to the neighborhood. The project will also install fire hydrants throughout the community and destroy the onsite wells.
Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.
A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):
“Funding for this project has been provided in full or in part under the Safe and Affordable Drinking Water Fund and the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.
Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient must complete and submit all work in time to be approved by the Division prior to the Project Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit A
address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.
ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE DATE ESTIMATED DUE DATE EXHIBIT A – SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION
1. Final Plans and Specifications N/A August 15, 2021
May 15, 2022
2. Final Budget Approval Package N/A January 15, 2022
3. Completion of Construction May 30, 2022
December 31, 2023
N/A
B. REPORTS
1. Progress Reports N/A Quarterly
2. Final Inspection and Certification N/A May 30, 2022
February 15, 2024
3. Project Completion Report N/A As requested by Division 4 As Needed Information and Reports N/A As requested by Division EXHIBIT B – REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS
1. First Reimbursement Request No later than 90 days
from Agreement
N/A
Reimbursement Requests N/A Quarterly
2. Final Reimbursement Request November 30, 2022
June 30, 2024
N/A
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.
A.5 PROGRESS REPORTS.
The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements;
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit A
3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.
A.6 SPECIAL REPORTS.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply. (d) The Recipient must submit information required for compliance with Greenhouse Gas Reduction Fund (GGRF) requirements, as required by the Division.
A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.
Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.
The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.
B.2 RECIPIENT CONTRIBUTIONS.
(a) The loan component of this Agreement is forgiven. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is Zero dollars and no cents ($0.00). (b) The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect the recovered funds.
B.3 VERIFIABLE DATA.
Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.
B.4 BUDGET COSTS
Budget costs are contained in the Summary Project Cost Table below:
LINE ITEM TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT
Construction $1,366,700 $1,366,700
Pre-Purchased Material/Equipment $0 $0
Purchase of Land $14,000 $14,000
Contingency $136,700 $136,700
Allowances (Soft Costs) $57,700 $57,700
TOTAL $1,575,100 $1,575,100
The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.
The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.
Reasonable indirect costs may be allowable upon approval by the Division.
B.5 LINE ITEM ADJUSTMENTS.
Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit B
submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.
Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.
B.6 REIMBURSEMENT PROCEDURE.
(a) Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:
1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred costs as specified below through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.
2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.
3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.
4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed.
Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.
5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.
6. The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.
7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (b) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(c) Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after the Division has approved the final budget form
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit B
submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.
B.7 REVERTING FUNDS AND DISENCUMBRANCE.
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
1. Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
Work Completion
Work Completion Date
2. Each capitalized term used in this Agreement has the following meaning:
"Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
"Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
“District Office” means District Office of the Division of Drinking Water of the State Water Board. “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
“Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
“Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
b) Failure to operate the System or the Project without the Division’s approval; “Final Budget Approval” means the Division-approved final budget for the Project, as set forth in Exhibit B. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
"Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
"Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
"Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
“System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Coachella, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.
3. Acknowledgements.
The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under o the Safe and Affordable Drinking Water Fund
o the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency
through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
5. Reserved.
6. Reserved.
7. Technical Special Conditions
a. The Recipient shall not solicit bids, award a contract, or commence construction unless and until final plans and specifications are approved in writing by the Division of Drinking Water and Division of Financial Assistance.
b. The Recipient shall provide executed individual agreements for water service, in a form satisfactory to the Division, between the Recipient, City of Coachella (Coachella Water Authority), and each MMWC property owner to the Division. The Recipient shall not solicit bids, award a contract, or commence construction activities until at least 75% of the executed individual agreements are submitted and approval is given by the Division’s Project Manager. c. The Recipient must report on employment outcomes annually for projects that provide jobs or job training using a format provided by the Project Manager.
8. Funds Related to Contamination.
(a) As a condition precedent to this Agreement and prior to any disbursement, the Recipient shall (i) notify the Division of any demands made by the Recipient against third parties for monetary damages, reimbursement of costs, or other relief, including litigation, related to drinking water contamination, including but not limited to contamination by 1,2,3-trichloropropane (1,2,3-TCP); and (ii) unless waived by the Division, notify and provide to the Division copies of any agreements with third parties (e.g., settlement agreements, consent agreements, etc.) or court or administrative orders arising out of litigation or disputes related to contamination of the drinking water associated with the Project. (b) After execution of this Agreement, the Recipient shall notify the Division promptly of the new occurrence of any matters requiring notice under paragraph (a), above. Upon request, the Recipient shall promptly provide information and copies of documents as requested by the Division. (c) The Recipient shall place all funds received after the date of this Agreement under any order or agreement described in paragraphs (a)(ii) and (b), above, into a restricted account to be used either for a capital improvement project that addresses the contamination, or for operation and maintenance of treatment or remediation of the contamination. Alternatively, upon consent of the Division, the funds received after the date of this Agreement under any such order or agreement shall be used as match funding for the Project or held in a restricted reserve account to support the financial capacity of the System.
(d) The amount of this Agreement may be reduced, and/or disbursements withheld, to offset amounts received under any contamination-related order or agreement described in paragraphs (a)(ii) or (b), above, to avoid double recovery. Noncompliance with paragraphs (a), (b), or (c) above shall be an Event of Default.
9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
10. Damages for Breach of Tax-Exempt Status. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.
11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.
12. Reserved.
13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.
14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.
15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project. xx. The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption.
16. Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.
17. State Cross-Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
a) The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. b) Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c) Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d) Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. e) Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f) Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
g) Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h) Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i) Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j) Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k) The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.
18. Financial Management Systems. The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient is bound by, and must comply with, the provisions and requirements of the federal Single Audit Act of 1984 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.
19. Access and Inspection. In addition to the obligations set forth in section 2 of the General Terms and Conditions incorporated in Exhibit C of this Agreement, the Recipient must ensure that the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during the term of the Agreement.
20. Fraud, Waste, and Abuse. The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to reimbursement requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder.
21. Disputes. The Recipient must continue with the responsibilities under this Agreement during any dispute.
The Recipient may, in writing, appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.
22. Additional Representations and Warranties. The Recipient makes the following representations and warranties:
a. Reserved.
b. The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application, a material fact that makes the statements in its application not misleading.
c. The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.
d. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the Cover Page.
e. Except as set forth in this paragraph, there are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project.
f. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.
g. The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. h. Any financial statements or other financial documentation of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.
i. The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
j. The Recipient has no conflicting or material obligations, except as set forth in this paragraph.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
k. The Recipient legally possesses all real property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least to the Records Retention End Date of this Agreement, except as set forth in this paragraph. l. The Recipient and its principals, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized.
m. The Recipient possesses all water rights necessary for this Project.
23. Federal SRF Requirements. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions for the Useful Life of the Project:
a. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 2 of this Agreement in all construction contracts and subcontracts.
c. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
d. The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/ogd.
e. No Recipient may receive funding under this Agreement unless it has provided its DUNS number to the State Water Board.
f. Reserved.
g. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR.
h. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
i. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement.
j. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed.
k. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A.
l. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. m. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing.
n. The Recipient certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board.
iii. The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks disbursements under this Agreement.
o. The Recipient must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).
p. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
q. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises as set forth in this Agreement. r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. u. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
v. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. w. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. x. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
y. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
z. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
aa. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).
Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. bb. The Recipient certifies that no Project Funds will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to
Item 31.
City of Coachella
CALSTARS Agreement No.: D20-02057
FI$Cal Agreement No.: SWRCB0000000000D2002057
Project No.: 3310007-002C
Amendment No. 1
Exhibit D
be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or
iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.
24. RUSSIAN SANCTIONS
The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Recipient is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wpcontent/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policyissues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-relatedsanctions). The Recipient is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.
For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:
1. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;
2. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and
3. Direct support to the government and people of Ukraine.
Item 31.
1 STAFF REPORT
6/12/2024
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
Ryan Baron, City Attorney’s Office, Best Best & Krieger, LLP SUBJECT: Feasibility Study for Municipal Electric Service to the City’s Development Area / Request for Proposals for a Public-Private Partnership for Implementation of the City’s Municipal Electric Utility STAFF RECOMMENDATION:
1. Receive and file feasibility study for municipal electric service to the City’s development area.
2. Staff recommends that the City Council approve the issuance of a Request for Information and a Request for Proposals for a public-private partnership for implementation of the City’s municipal electric utility within the City development area, including the Economic Development Zone.
3. Staff recommends that the City Council approve the issuance of a Request for Proposals for a valuation study of Imperial Irrigation District assets providing electric service to the developed portion of the City.
BACKGROUND:
The Coachella Valley is one of the fastest growing areas in California. The City of Coachella is projected to grow rapidly containing a number of large employers along with large-scale master planned development in greenfield areas of the City. The eastern portion of the Coachella Valley, including the City, is currently receiving electric service from the Imperial Irrigation District, which provides this service outside its territorial boundary of Imperial County. There remains significant areas of the Coachella Valley, and the City, however, that are not served, or cannot be served, by IID due a lack of electric infrastructure or a need to significantly upgrade the existing infrastructure in the area, such as the construction of new substations. The eastern Coachella Valley is growing rapidly but development has been hindered by the inability to provide electricity to this development, thereby impacting growth, employment, and fiscal revenue. Due to the lack of infrastructure throughout the City and that the City does not have any representation or governance options in IID electric service matters, the City has been interested in local control of its electricity service and providing such service to the City’s undeveloped and under-served areas.
Item 32.
2 On July 31, 2019, the City Council adopted Resolution 2019-62 authorizing the creation of a limited municipally owned utility for the purpose of providing electrical utility services and authorized the taking of other actions. The Coachella City Council established the municipal utility to provide electric and gas service to certain new development and under-served development (i.e., “greenfield” areas) within the City’s municipal boundaries. At that time, a service area for a municipal utility was established and the City Manager was authorized to take all necessary steps to create and establish the municipal utility and evaluate the areas and manner for providing utility service as a publicly owned utility. Since then, the City has been exploring various options to ensure that its residents and businesses receive utility services that meet the current and future needs of the community at fair and reasonable rates. The City has also been exploring options to ensure that such services are cost-effective, meet federal and state standards, provide high-quality customer service, and provide long-term reliability to meet City energy needs.
The City has also participated in regional efforts to address the lack of service and governance, including its participation on the Coachella Valley Energy Commission, an advisory body to IID.
Since the adoption of Resolution No. 2019-62, City staff has researched the legal options of implementing the municipal utility and has conducted a feasibility study to assess the financial and technical issues of establishing an electric delivery system to greenfield areas of the City also referred to as the Development Area. This Development Area includes the Economic Development Zone, which consists of the Auto-Wrecking Zone and Industrial Zone, where initial load is projected to increase rapidly due to prospective and cannabis and industrial interests. The feasibility study was prepared by EES Consulting who has prepared numerous municipalization feasibility studies throughout the nation, including a study in the 2000s for the Coachella Valley Association of Governments. The study concludes that service to the economic development zone and the greenfield areas of the City is feasible and beneficial to City electric customers when growth occurs in those areas. The study uses certain data and forecasts the City’s 20-year energy needs. It also projects revenue and rate requirements and outlines where the construction of new electrical infrastructure is required, including the construction of two new substations and transmission, as well as potential wheeling of energy over IID’s existing transmission in order to serve initial municipal utility load.
DISCUSSION/ANALYSIS:
The study makes the following observations:
Considerations
Access to IID Capacity Initial plan is to use capacity from IID’s 92kV transmission. If access is denied, accelerate SCE interconnection.
Load Growth Risk Break-even threshold is 55,000 MWh with annual 5% IID rate increases.
Change in Load Mix Cannabis is High Density Energy Needs 100-200 kWh/sq.ft.
Traditional Industrial/Commercial 8-50 kWh/sq.ft. Even with
Item 32.
3 reductions in high density load, the City could likely achieve breakeven sales threshold of 55,000 MWh.
New Municipal Utility IID can challenge new utility. Limiting to greenspace-only rather than acquisition of IID customers does not eliminate the uncertainty.
Initial Financing $67.3 M
RPS Requirements Purchase from interconnection with IID or SCE.
Customer Funded Distribution Lines Customers will need to contribute 100% for distribution facilities to serve new load.
Reliability Transmission feed radial is a weak point.
Resource Adequacy City must rely on bilateral transactions for RA subject to price risk.
The study provides the following options as Phase 2 steps the City can take with respect to implementing a municipal utility:
1. Consider moving forward with a request for proposals for power supply and/or a turnkey developer to implement the municipal utility in the Development Area.
2. Explore valuation and acquisition of IID assets that currently serve the City.
City staff recommends that the City move forward with issuing requests for proposals based on the two options. In order to begin providing service to the Development Area of the City, the City would need to consider constructing certain electric delivery system facilities and generation facilities and/or purchasing electricity through an energy services agreement and wheeling the energy over IID transmission system. Due to the bond issuance that would be needed to finance the facilities, City staff contemplates issuing a request for information for a developer to construct and own the facilities through a public-private partnership agreement that would jump-start the municipal utility. The request for information would be sent potential energy developers and suppliers nationwide requesting a statement of interest and qualifications from companies on the proposed P3 project. Eligible companies would then be pre-qualified by the City and would receive a request for proposals detailing the specific proposal and cost information. A slate of candidates would then be brought back from City Council review and direction to negotiate a contract.
City staff also recommends, in parallel, that the city conduct a valuation of IID’s infrastructure serving the city as a necessary step in acquiring IID electrical infrastructure to take over service to existing customers over the long-term. City staff would issue a request for proposals for a consultant to conduct the valuation study.
Item 32.
4 ENVIRONMENTAL ASSESSMENT:
The recommended actions are exempt from the California Environmental Quality Act. The issuance of a RFP does not constitute a project within the meaning of the CEQA Guidelines, Section 15061(b)(3), as it does not result in any direct or indirect physical change in the environment.
ALTERNATIVE(s):
1. Not approve RFP for P3 partnership and provide Staff with new direction FISCAL IMPACT:
There is no fiscal impact for this item.
EXHIBIT(S):
A. Feasibility Study for Municipal Electric Service to the Development Area
Item 32.
Feasibility Study for Municipal
Electric Service to the Development
Area
City of Coachella
Add Date
P R E P A R E D B Y E E S C O N S U L T I N G
April 2024
Item 32.
C I T Y O F C O A C H E L L A
Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NSU LT I N G i
April 18, 2024
Mr. Gabriel Martin
City of Coachella
1515 Sixth Street
Coachella, CA 92236
RE: City of Coachella Feasibility Study for Municipal Electric Service to the Development Area Dear Mr. Martin:
We are pleased to submit to the City of Coachella (City) the Feasibility Study for Municipal Electric Service to the Development Area (Study). The Study used publicly available information to develop load power cost estimates.
The Study, which focuses on service to the economic development zones and select greenfield development. The Study finds that municipalization is beneficial to the City’s electric customers when significant growth occurs in the new development area.
Thank you for your contributions to this Study.
Sincerely,
Kevin J. Mara
Executive Vice President
Item 32.
C I T Y O F C O A C H E L L A
Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NSU LT I N G ii
TABLE OF CONTENTS
1 SCOPE OF WORK ................................................................................................................... 1
1.1 Introduction ..................................................................................................................................................................... 1
1.1.1 About Imperial Irrigation District (IID) ................................................................................................ 1
1.1.2 Study Framework ................................................................................................................................ 2
1.2 Proposed Service Area ................................................................................................................................................. 2
1.3 20-Year Energy Needs .................................................................................................................................................. 3
1.4 Financial Feasibility Assumptions and Results .................................................................................................... 4
1.5 City Service to Existing Areas Served by IID ......................................................................................................... 6
1.6 Next Steps ......................................................................................................................................................................... 6 2 STUDY FRAMEWORK ............................................................................................................ 8
2.1 Public Municipal Utility ................................................................................................................................................ 8
2.2 Study Framework ........................................................................................................................................................... 8
2.2.1 Data Limitations .................................................................................................................................. 9
2.3 System Load Forecast ................................................................................................................................................... 9 3 PUBLIC MUNICIPAL UTILITY .............................................................................................. 12
3.1 New Construction by the City ................................................................................................................................ 12
3.2 Power Supply & Transmission ................................................................................................................................ 13
3.2.1 Power Purchases ............................................................................................................................... 14
3.2.2 Renewable Energy ............................................................................................................................. 14
3.2.3 Resource Adequacy ........................................................................................................................... 14
3.2.4 CAISO Charges and Misc. ................................................................................................................... 14
3.2.5 Wheeling and OATT ........................................................................................................................... 15
3.2.6 Summary of Power Costs ................................................................................................................... 15
3.3 Distribution System O&M ........................................................................................................................................ 15
3.4 Customer Service ........................................................................................................................................................ 16
3.5 Administrative & General Expense ....................................................................................................................... 16
3.6 Public Benefits Charge .............................................................................................................................................. 16
3.7 Property Taxes and Franchise Fees ...................................................................................................................... 16
3.8 Capital Improvement Projects ............................................................................................................................... 16
3.9 Non-Operating Expenses ......................................................................................................................................... 17
3.9.1 Debt Service ....................................................................................................................................... 17
3.9.2 Bond Issuance .................................................................................................................................... 17
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Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NSU LT I N G iii
3.10 Annual Budget ........................................................................................................................................................... 18 4 COMPARISON OF RESULTS AND SENSITIVITY ANALYSIS................................................ 19
4.1 Base Results ................................................................................................................................................................... 19
4.1.1 Load Sensitivity ................................................................................................................................. 19
4.1.2 Power Supply Cost Sensitivity ........................................................................................................... 20 5 RISKS AND CHALLENGES ................................................................................................... 21
5.1 Wheeling Over IID’s 92kV Line ............................................................................................................................... 21
5.2 Load Growth ................................................................................................................................................................. 21
5.3 Bond Financing ............................................................................................................................................................ 21
5.4 Resource Adequacy Costs ........................................................................................................................................ 22 6 SUMMARY ........................................................................................................................... 23 7 REFERENCES ........................................................................................................................ 24 8 GLOSSARY OF TERMS ......................................................................................................... 25 9 ACRONYMS ......................................................................................................................... 27
Item 32.
C I T Y O F C O A C H E L L A
Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 1
1 Scope of Work
1.1 INTRODUCTION
The City of Coachella (City) seeks to ensure that its residents and businesses receive utility services that meet their current needs and provide for electric utility supply for the future needs of the community at fair and reasonable rates. Thus, in 2019, the City established a municipal utility to provide electric service within the City, with an initial focus on new development areas (City Resolution No. 2019-62.) The City is currently considering options for providing electric service to future customers locating in primarily undeveloped areas of the City’s Development Area (i.e., “greenfield” areas).
The current population of the City is approximately 42,600; however, with current planning efforts, the City expects the population to grow three-fold by 2035.1 Currently, citizens of the City, and businesses within the City, are provided electrical service by Imperial Irrigation District (IID), a publicly-owned utility.
1.1.1 About Imperial Irrigation District (IID)
Imperial Irrigation District (IID) is the sixth largest utility in California public utility providing electric and water service to areas across both the Imperial and Coachella Valleys including Riverside and San Diego Counties. The utility employs approximately 1,400 people, serves over 158,000 electric customers and controls more than 1,100 MW of energy. IID’s total service area covers 6,471 square miles. IID is governed by a 5-member board of directors. IID’s resource mix is approximately 40% renewable, 35% natural gas,
4.8% hydroelectric, 3.5% nuclear, and 16% unspecified (market purchases).2 IID owns and operates several generating resources such as several small hydroelectric facilities on the All-American Canal and the Pilot Knob plant. IID is a member of the Southern California Public Power Authority (SCPPA). SCPPA members share several resources including the Palo Verde Station (nuclear), Parker-David Dam, Boulder Canyon, Yucca Steam Plant, 13 natural gas resources, and a battery storage system near El Centro.
IID residential retail electric rates include a fixed monthly charge, energy charge, plus an energy cost adjustment (ECA). The ECA is updated regularly to reflect changes in IID’s wholesale power costs. IID’s large power rates also include demand charges in addition to fixed customer charges and energy charges.
Finally, IID customers can elect to purchase up to 100% renewable energy from IID through an Energy Cost Adjustment Renewable Billing Factor (Green Power Program).
Not only is IID a retail service provider, but it is also an energy Balancing Authority (BA). As a BA, IID ensures that the power system and demand are balanced in real time throughout the balancing area which includes Coachella Valley. IID is also responsible for maintaining operating conditions under the 1 U.S. Bureau of the Census. Coachella, California. Estimate July 2022. https://www.census.gov/quickfacts/coachellacitycalifornia 2 Imperial Irrigation District 2021 Power Content Label. https://www.iid.com/energy/renewable-energy/powercontent-label
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Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 2
reliability standards issued by the North American Electric Reliability Corporation (NERC) and approved by the U.S. Federal Energy Regulatory Commission (FERC).
1.1.2 Study Framework
The City asked EES Consulting (EES), a GDS Associates Company, to evaluate the feasibility of the City serving new electric customers located within a portion of the City’s boundaries through the municipal utility. This Feasibility Study for Municipal Electric Utility Service to the Development Area (Study) considers the investment needed to serve new customers and the potential supply costs. This Study does not include acquisition of existing assets owned by IID and used to serve existing IID customers.
The Study considers the case where the City develops the necessary energy delivery infrastructure and procures energy from the market. In order to estimate feasibility of energizing the City’s utility, costs are forecasted over a 20-year study period beginning in 2025. Revenues for the potential municipal utility are calculated to be competitive with the current and forecast IID retail rates. Other operating costs are estimated from comparable electric utilities.
1.2 PROPOSED SERVICE AREA
Figure 1.1 illustrates the current municipal boundary in blue. The proposed initial municipal electric utility boundary is provided in red and shaded purple. The areas outside of the purple shading would continue to be served by IID. The Development Areas are located with the purple shading.
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Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 3
FIGURE 1.1: CITY MUNICIPAL UTILITY SERVICE AREA
1.3 20-YEAR ENERGY NEEDS
The Study developed a forecast of energy needs for the next 20 years for the municipal utility service area.
Much of the growth is expected in the Economic Development Zones (EDZ) which are in the boundaries of the City’s municipal utility. One is known as the Auto Wrecker Zone (northern most EDZ), and the second is the Industrial Zone (between Avenue 52 and Avenue 54). Figure 1.2 depicts the growth of annual energy sales and Figure 1.3 shows the forecasted electrical demand. EES added the ramp-up of energy sales between 2025 and 2030 to reflect potential near-term growth in the EDZs.
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Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 4
FIGURE 1.2: 20-YEAR LOAD FORECAST COMPARISON
FIGURE 1.3: 20-YEAR PEAK DEMAND FORECASTS
1.4 FINANCIAL FEASIBILITY ASSUMPTIONS AND RESULTS
An annual budget was developed for the City’s municipal utility based on the load assumptions, take-out financing, and estimated future capital improvement investments. Power supply costs assume the utility would meet all California mandates for renewable energy and resource adequacy or otherwise obtain waivers from some or all of those requirements. It is assumed that City finances the necessary infrastructure and pursues competitive offers for energy by means of wheeling through IID’s transmission system.
0 100,000
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Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 5
Table 1.1 summarizes the revenue requirement for the third year of operations. The load forecast for the third year has a demand component of 37.5 MW and projected energy sales of 191,158 MWh. The difference in financing is reflected in the debt service in Table 1.1 which is a snapshot of the revenue requirements needed in Year 3.
TABLE 1.1: YEAR 3 REVENUE REQUIREMENT, MILLIONS
Municipal Utility Revenue
Requirement
Power Supply & Transmission $14.64
Distribution O&M $1.47
Customer Service $0.25
A&G $0.32
Capital Improvement $0.56
Debt Service $1.89
Franchise Fee $1.59
Taxes $0.11
Public Benefits Charge $0.66
Revenue Requirement $21.49
IID rates are forecast to increase by 5% which is a conservative assumption given both recent rate history and the investments IID will need to make in infrastructure and renewable energy in support of electrification over the next 20 years. Figure 1.4 shows that once there is sufficient load growth, the municipal utility can offer lower rates compared with forecast IID rates. The figure also shows IID rates with a slower growth rate of 3% per year.
FIGURE 1.4: PROJECTED RETAIL RATES 2025-2044
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2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 Retail Rate, $/kWh
IID Projected Retail Rates (5%) IID Projected Retail Rates (3%) Public Municipal Utility
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C I T Y O F C O A C H E L L A
Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 6
1.5 CITY SERVICE TO EXISTING AREAS SERVED BY IID
This Study evaluates options for providing electric service to the EDZ and undeveloped and underserved areas of the City (i.e., greenfield), as identified in the City’s service territory map adopted by the City Council at the time the City Municipal Utility was formed in 2019. The Municipal Utility would have risks associated with load growth and the ability to obtain financing for start-up and construction costs in conjunction with serving the EDZ and greenfield, or alternatively, the City could serve the developed areas of the City where IID provides existing service. Extending the City Municipal Utility to this area would require the City to negotiate and purchase the existing substation, distribution, and potentially transmission assets within the municipal boundaries from IID and/or pursue an eminent domain action of those assets. With these assets and associated future revenues, the City could finance expansion into the greenfield area of the City. In anticipation of acquisition being contemplated as part of the City’s potential options going forward, general estimates are provided herein as a starting point.
TABLE 1.2: ROUGH CONDEMNATION FIGURES
Cost Estimate Notes
Distribution System Value
$5,000-$10,000/electric customer
$150 Million
Plant actually valued between
original cost less depreciation and
replacement cost less depreciation.
Cost changes if substation and
transmission assets are included.
Separation Costs $30 Million Assumed 20% of system value.
Stranded Costs
Unknown Needs further study but can
include generation, transmission,
and distribution.
Total $180+ Million
This path would provide a means for borrowing and could be a long-term solution related to the uncertainty of IID’s future in the Coachella Valley.
The timetable for developing a fair market value for the IID assets is 9 months to a year, depending on the cooperation of IID to provide information that is often considered confidential regarding the physical system within the City limits and the energy consumed by homes and business within the City. If both parties negotiate to a reasonable outcome, the acquisition could be completed in 2 to 3 years. However, if there is litigation, the duration can extend for 5 or more years.
1.6 NEXT STEPS
If the City decides to pursue energizing the municipal electric utility, the following next steps could be taken:
1. The City could explore acquisition of IID assets to service the entire City of Coachella.
2. The City could move forward with a limited municipal utility such as described in this study and issue request for proposals for power supply.
All options presented herein require financing, which is a significant hurdle. A next step greenfield municipal utility would be to explore financing options such as those used by the CCAs in California. This
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Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 7
can be accomplished by issuing a request for proposals to determine feasibility of financing start-up and construction costs.
Also, for the greenfield municipal utility, the City needs to initiate a conversation with IID regarding access to the transmission grid for wheeling power. This could be in the form of an application to interconnect.
The initiation of this process will help to define the next steps needed if the City wishes to pursue this option.
The above next steps could be completed concurrently to further assess the viability of each path.
Item 32.
C I T Y O F C O A C H E L L A
Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 8
2 Study Framework
The City of Coachella (City) seeks to ensure that its residents and businesses receive utility services that meet their current needs and provide electric utility supply for the future needs of the community at fair and reasonable rates. Thus, in 2019, the City established a municipal utility to provide electric service within the City, with an initial focus on new development areas (City Resolution No. 2019-62). The City is currently considering options for providing electric service to new customers locating in primarily undeveloped areas of the City (i.e., “greenfield” areas). This Study evaluates two options for energizing a greenfield utility within part of the City’s boundaries:
2.1 PUBLIC MUNICIPAL UTILITY
This option calls for the City to construct new substations and the required distribution facilities, and procure power supply delivered through either wheeling via existing IID infrastructure, if available, or through new facilities that interconnect to Southern California Edison’s (SCE) transmission voltage lines located east of the City.
2.2 STUDY FRAMEWORK
The analytical construct includes the following assumptions.
1. Three scenarios for municipalization are evaluated from an economic perspective:
a. Base load forecast estimated from City’s current development queue. b. Low load forecast is half of the Base scenario representing an unfavorable economy. c. High load forecast which adds additional industrial load development.
2. As a greenfield utility, the municipal electric utility would not pay any generation or distribution asset stranding costs to IID. It is assumed that any other fees or costs imposed by the State of California will be applied. At this time, no such fees or costs have been defined or included in the Study.
3. As a greenfield utility, the City would not purchase existing IID distribution facilities.
4. Cost for the extension of distribution facilities includes transformers, meters, and services are assumed to be 100% assignable to new customers.
5. Operating costs and financing for the City’s municipal utility are estimated based on current borrowing markets and other California municipal utility budget information.
6. The City’s electric rates are based on expenses and debt service coverage requirements. Any difference between the City’s rates and IID forecast rates can be used for customer programs, rate savings, or additional development by increasing the City’s rates to match or be slightly lower than IID.
7. The illustrative forecast of IID rates are based on current approved IID rate levels with a 5% annual increase over the study period. Recent historic IID rate increases have averaged approximately 6% per year.
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Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 9
2.2.1 Data Limitations
This Study is conducted with varying degrees of data quality. Forecast loads are provided with a large range of potential build-out scenarios. Growth in the Study area may or may not materialize depending on a wide range of economic factors.
2.3 SYSTEM LOAD FORECAST
A forecast of electrical load was made for the area within the City’s Municipal Utility Service Area as shown in Figure 1.1 To determine future energy usage for this area, multiple sources were referenced including the City’s development queue. After year 10, moderate growth is assumed. The peak demand is calculated using a load factor of 65%. This load factor is higher than the load factor IID assumed in its 2018 IRP (50%) since expected load growth is primarily higher load factor loads (cannabis). Based on City’s development queue, cannabis loads could reach 300 MW; however, with the changes in planning environment since COVID-19, it is largely believed that cannabis operations will not materialize as indicated in the queue.
More likely, the industrial growth will be more diversified. The Study assumes general load factor data for industrial processes which may or may not include some portion attributed to cannabis operations.
There are two Economic Development Zones (EDZ) within the boundaries of the City’s municipal utility.
One is known as the Auto Wrecker Zone (northern most EDZ) and the second is the Industrial Zone (between Avenue 52 and Avenue 54). The anticipated cannabis growth operation load within the Auto Wrecking Zone is 33 MW. Meanwhile, the Industrial Zone is anticipated to serve approximately 30 MW of new commercial load retailed to the cannabis grow operations. None of the existing IID customers in the Industrial Zone are included in the Study. The Study does project an additional 11 MW of retail load within the proposed municipal boundary.
The ramp-up from not serving customers to serving customers with significant energy requirements is difficult to predict. For this Study, it is assumed to be 3 years. The infrastructure for electric service (substations and/or generating facilities) will need to be under development or possibly completed to assure new customers of the viability of the City Municipal System. It is assumed that three years will be necessary for the construction of commercial buildings plus ramp up to full operation for initial customers.
Figure 2.1 illustrates the forecast energy breakdown for the mid-point of the 20-year study.
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Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 10
FIGURE 2.1: LOAD FORECAST COMPARISON FOR THE MID-POINT OF THE 20-YEAR STUDY Figures 2.2 and 2.3 compare the energy and peak demand forecasts over the 20-year study period.
FIGURE 2.2: 20-YEAR LOAD FORECAST COMPARISON
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FIGURE 2.3: 20-YEAR PEAK DEMAND FORECASTS
Distribution line losses of 3% were added to retail sales to develop the system load forecast. 0 10
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3 Public Municipal Utility
3.1 NEW CONSTRUCTION BY THE CITY
The City would need to build new substations and interconnect them to IID’s existing 92kV transmissions in the vicinity of these substations. IID sells available transmission capacity to other entities that need IID lines to transport energy. IID offers point-to-point transmission service that uses IID’s transmission facilities. This type of service can be used for the transportation of capacity and energy into, out of, through or within IID system.3 EES has investigated the IID transmission system and believes there is capacity for at least 40 MW in this portion of IID transmission system. However, IID has not confirmed that it has sufficient capacity available. Further, IID determination of the available transmission capacity (ATC) takes into account the firm capacity set aside to serve peak native load forecast commitments.4 The fact that the City has created a greenfield municipal utility should allow access to ATC which EES believes exists in this portion of their system. The ability of the City to obtain delivery from IID is unknown and presents a risk for energizing the City utility.
A proposed new Harrison Substation would be serving the load in what is known as the Auto Wrecker Zone (northern most EDZ). The anticipated cannabis growth operation load within the Auto Wrecking Zone is 30 MW. In addition, this substation could be used to serve future development of retail electric service outside the Auto Wrecking Zone. The station would be configured for two 40 MVA power transformers and 12 (twelve) 12.5 kV feeders.
A new Polk Substation, to be located in the Industrial Zone EDZ, is anticipated to serve approximately 30 MW of new commercial load retailed to cannabis grow operations and an additional retail load within the proposed municipal boundary. The station would be configured for two 40 MVA power transformers and twelve 12.5 kV feeders.
It is assumed that the design of the substations will meet an N-1 criterion (loss of any one system component and maintain electric service). The distribution feeders should also meet this N-1 criterion to the extent financially feasible.
As the load requirements approach the limit of available transmission capacity from IID, the City would need to obtain additional capacity at the Southern California Edison (SCE) 230kV line at or near the Coachella Valley Substation. The 20-year projected load in the Study is 70 MW and the expected capacity of a 92kV transmission line would be about 150 MW. Thus, a 230/92kV substation would be constructed and 92kV lines extended to the two new distribution substations (Harrison and Polk). The estimated distance of single pole 92kV transmission is 7.2 miles. Approximately 3.5 miles would have a single 92kV circuit with space for two distribution circuits on the structures. The other 3.7 miles would be double circuit 92kV with space for two distribution circuits on the structures. A typical width for a 92kV 3 https://www.iid.com/energy/transmission-access/transmission-service 4 Available Transfer Capability Implementation Document (ATCID) dated 4/15/2022
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transmission line is 100 feet. Therefore, the loop would likely require acquisition of roughly a 50-foot strip easement. The other 50 feet will be located within the road right-of-way based on the proposed routing of the line. The cost of land acquisition is included in the transmission line construction estimate.
If at the time of construction, the load within the utility boundary is expected to exceed 150 MW, then 230kV transmission would be warranted.
Figure 3.1 depicts the location of the proposed substations and the route of the 92kV transmission.
FIGURE 3.1: NEW MUNICIPAL UTILITY INFRASTRUCTURE
It is estimated that the construction of the substations needed to wheel energy through IID’s 92kV transmission line would cost roughly $16M. After 5 or more years when the capacity requirements of the of the City exceeds the available transmission capacity, a 230 kV interconnection will be made along with transmission to service the Harrison Polk and disconnect service from IID. The actual timing of capital expenditure will be driven by load requirements. However, for the Study, it is assumed that a capital expenditure of another $32.7M dollars would be required in the 5th year of the Study.
3.2 POWER SUPPLY & TRANSMISSION
Power supply and transmission includes all costs for power supply and related services to the municipal utility’s distribution system. Costs for power scheduling are also included in the power supply cost estimates. The City could procure its power supply requirements using different strategies including fixed price/delivery contracts, all-inclusive power supply contracts, or a mix of generation and power purchases.
The selected strategies would be guided by the City’s objectives and ultimately approved by City Council.
Legend
Proposed Substation.
Existing 230/92kV Substation.
Proposed New 92kV transmission.
Exiting SCE 230 kV Transmission
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Actual power supply contract arrangements are not specified for the purposes of this Study; however, the pricing estimates are described below.
3.2.1 Power Purchases
Costs for energy purchased to meet municipal utility load are estimated at market prices for the SP15 (South Path 15) area. Block energy purchases are valued at $80/MWh in 2025 based on current forward prices. This value decreases in the first 5 years of the Study until it reaches $65/MWh in 2030. This decrease reflects that the current market prices are historically high and are expected to reduce as supply and demand markets settle out. After 2030, prices are escalated at 3% per year. The levelized cost of market purchases is $81/MWh over the 20-year study period.
Capacity services, including resource adequacy, are estimated to cost $8.86/kW-month based on the CPUC Market Price Benchmark for 2023 and escalated at 3% annually. This figure is a weighted average for system, flex, and local resource adequacy all together. This value is included for 117.5% of the municipal utility’s capacity requirements to cover the planning margin.
3.2.2 Renewable Energy
Per California’s Renewable Portfolio Standards (RPS), electric utilities must purchase a volume of renewable energy equal to at least 60% of retail sales by 2030. The requirement ramps up from 46.7% in 2025. Renewable energy purchases are split between long-term and short-term contracts for Portfolio Content Category 1 (PCC1) and Portfolio Content Category 2 (PCC2). The City may purchase Portfolio Content Category 3 (PCC3) RECs at lower cost; however, this option is not evaluated in the Study. Longterm renewable energy is priced conservatively at $42/MWh. Long-term renewable contract prices have increased since the last study due to supply chain issues and general inflation. Still, this price assumption would allow for solar plus storage or wind resources. The City must meet 60% of its renewable energy requirement from long-term contracts. Because long-term contracts are priced lower than short-term, it is assumed that the City would purchase 75% of its renewable energy requirement through long-term contracts.
The Study assumes the City would wheel long-term bundled energy via IID until the SCE intertie is completed. Once the City has constructed the intertie with SCE, the City would wheel this energy via SCE to the 230 kV line at a cost of $15-$16/MWh (described below). If the City were able to develop local renewable projects for less than $57/MWh, renewable energy costs could be reduced from the base case assumptions.
3.2.3 Resource Adequacy
Capacity services are estimated to cost $8.86/kW-month based on the CPUC Market Price Benchmark for 2023 and escalated at 3% annually. This figure is a weighted average for system, flex, and local resource adequacy all together. This value is included for 117% of the municipal utility’s capacity requirements to cover the planning margin.
3.2.4 CAISO Charges and Misc.
The utility would need to pay CAISO charges estimated at $6/MWh in 2025. Power scheduling would be needed to balance energy purchases on an hourly basis. Schedule coordinator costs of $100,000 per year are included for the first year of operation increasing by 10% per year due to projected load growth.
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3.2.5 Wheeling and OATT
When using IID’s 92kV line to deliver power, the City would pay IID’s Open Access Transmission Tariff (OATT). IID’s current long-term and short-term point-to-point tariff is $1.69/kW-month.5 This cost is escalated at 2% per year and applied to the City’s monthly peak demand. This cost is in addition to the CIASO costs.
Once the 230kV interconnection with the SCE system is complete with accompanying transmission lines, the Municipal Utility would pay SCE’s high-voltage wheeling rate. This rate is currently $14.4157/MWh.6 The high voltage rate is applied to the municipal utility’s load in addition to the CAISO costs.
3.2.6 Summary of Power Costs
Figure 3.2 summarizes the power costs estimates.
FIGURE 3.2: CITY UTILITY POWER SUPPLY COSTS
3.3 DISTRIBUTION SYSTEM O&M
Distribution expenses include all costs to operate and maintain the distribution system including substations. Distribution O&M costs were estimated by looking at comparable preference utilities.
Distribution O&M per customer and by customer class was taken from cost of service analyses from three comparable municipal utilities. These costs were then applied to the City’s utility. The total Distribution 5 http://www.oasis.oati.com/woa/docs/IID/IIDdocs/IID_OATT_Effective_12.01.2020.pdf 6 http://www.caiso.com/Documents/WheelingAccessRatesEffectiveJan012023R3.pdf $0
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O&M costs were then broken down into labor and equipment costs. Labor costs include a portion of salaries and benefits for personnel in the operations and engineering departments. Material and equipment costs include the cost of operating and maintaining fleet vehicles and other construction equipment.
3.4 CUSTOMER SERVICE
Customer service expenses include labor and expenses incurred to provide customer service such as billing, meter reading, customer information and advertising, records and collection. Customer service costs may vary by type of account based on usage profile or meter type. For example, a large industrial customer with a special contract for rates would require significantly more resources to bill compared with the average residential customer on a general rate schedule.
3.5 ADMINISTRATIVE & GENERAL EXPENSE
Administrative and General (A&G) expenses include all other labor and expenses necessary to run the electric utility. Labor includes personnel in billing/customer service, accounting, information systems, and management. Office supplies and equipment includes the cost of purchasing (in the case of consumables such as paper and toner) or depreciation (in the case of depreciable assets such as computers, printers, and furniture). Facilities O&M includes the cost of operating and maintaining office space to house new employees. Miscellaneous costs include other administrative and general expenses not included in the categories listed above such as maintenance and depreciation of additional modules for the City’s new billing/CIS system necessary for the electric utility.
3.6 PUBLIC BENEFITS CHARGE
In accordance with Assembly Bill 1890, IID collects a 2.85% public benefits charge from its customers. The municipal utility would also collect this charge; therefore, it is included in both the revenue requirement and retail rate revenues.
3.7 PROPERTY TAXES AND FRANCHISE FEES
California law generally allows local governments to own and operate electric utility systems free of property taxes and without the need for local franchises and associated franchise fees. Currently, there is no franchise fee payment from IID to the City; the City is not compensated for IID’s use of City assets.
However, once the municipal utility is energized, it can collect a franchise fee through retail rates and transfer funds to the City’s general fund to compensate the City for use of its facilities. Voters can approve any level of franchise fee; however, this Study assumes the fee is 8% of retail revenue
3.8 CAPITAL IMPROVEMENT PROJECTS
In addition, to the capital projects needed to create the municipal electric system previously discussed in Section 3.1, the City would need to plan for routine capital projects for regular repair and replacements.
Capital improvement expenses are assumed to be equal to the annual depreciation value for current distribution assets. Capital improvement expenses begins at $0.4 million in 2025 and increases 3% annually.
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3.9 NON-OPERATING EXPENSES
Non-Operating Expenses include debt service and miscellaneous revenues. These are discussed below.
3.9.1 Debt Service
It is understood that the City has challenges in obtaining bonds for this type of endeavor. However, for the sake of the financial feasibility analysis, it is assumed that bond financing can be obtained.
The bond issuance is assumed to include the following:
Construction Costs
Debt Service Reserve (1 year’s debt service)
Capitalized Interest (2 months debt service)
Start-Up Costs
O&M Reserve (3 months O&M)
Accrued Interest (1/2 month debt service)
Underwriters Fees (1% of Par on Bonds)
Bond Insurance (1.25% of Total Debt Service Payments) Cash for Working Capital
Several of these are dependent on the size of the bond issue and the basis is shown. The Operations and Maintenance Fund and Reserve are based on the O&M level. The Fund is for the first month’s O&M payments (salaries, supplies, fees) expected to be incurred in advance of receiving revenues. Bond issuers demand an O&M Reserve in case revenues are below expected levels.
The Construction costs are the costs of a new substations as described in this report. The bond would be a combination of the new substations required initially at start-up and the future 230kV interconnection with SCE and accompanying transmissions. For this Study, a single bond was assumed. However, it may be possible to separate the bonds where the initial bond covers the $13M for the new substations and all other costs described. Once load growth occurs, the City would then obtain a bond for the $57 million needed for the SCE interconnection, 230/92kV substation and 92kV transmission lines. Especially since the timing of the interconnection with SCE is dependent on the load growth and not specific time in the future.
Start-up costs are the costs of beginning utility service and may include the cost of purchasing trucks, equipment, supplies, and hiring employees. Start-up costs are estimated at $2 million.
3.9.2 Bond Issuance
Table 3.1 shows the components of the bond issue. Other than the construction cost, one of the largest components of the bond issue is the cash for working capital at $5 million. This cash is needed to pay expenses monthly where utility billing collects revenue on a 2-to-3-month lag.
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TABLE 3.1: COMPONENTS OF BOND ISSUE, MILLIONS
Construction Cost $48.6
Debt Service Reserve $3.9
Capitalized Interest (2 months) $0.4
Start-Up Costs $2.0
O&M Reserve Fund (3 months) $0.7
Cash for Working Capital $5.0
Accrued Interest (1/2 month) $0.1
Underwriter’s Discount (1%) $0.5
Bond Issuance $0.6
Total Bond Issue $61.7
Acquisition interest rates are assumed to be a taxable rate of 5%. This rate is also used for the assumed return on funds invested in the debt service reserve fund.
In the case where the City utility funds the substations and transmission upgrades, the initial bond financing is $61.7 million. The proforma analysis assumes that the initial bond includes only the portion associated with the substations. Once load growth reaches 40 MW, the bond is refinanced and includes the total amount for the SCE intertie.
3.10 ANNUAL BUDGET
The resulting budget is shown for the first 5 years of the Study in Table 3.2.
TABLE 3.2: CITY MUNICIPAL UTILITY REVENUE REQUIREMENT, MILLIONS 2025 2026 2027 2028 2029
Power Supply & Transmission $1.63 $5.29 $14.64 $18.15 $17.95 Distribution O&M $0.70 $0.74 $1.47 $1.54 $1.62
Customer Service $0.20 $0.21 $0.25 $0.26 $0.28
A&G $0.20 $0.21 $0.32 $0.35 $0.38
Capital Improvement $0.53 $0.55 $0.56 $0.58 $0.60
Debt Service $1.89 $1.89 $1.89 $4.43 $4.43
Franchise Fee $0.42 $0.74 $1.59 $2.10 $2.10
Taxes $0.10 $0.10 $0.11 $0.11 $0.11
Public Benefits Charge $0.06 $0.24 $0.66 $0.85 $0.86
Revenue Requirement $5.74 $9.96 $21.49 $28.37 $28.33
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4 Comparison of Results and Sensitivity Analysis
4.1 BASE RESULTS
Figure 4.1 compares the forecast retail rates under two service scenarios: IID and Public Municipal Utility.
As the load grows over time, the average rate decreases for the municipal utility scenario. The City would charge rates that recover the cost of service. The cost of service by the City is expected to be much lower than service by IID, even if IID rates were to only increase 3% annually compared with 5%. In order for the City’s expenses to be lower than IID retail rates, loads need to reach 55,000 MWh prior to the SCE Intertie.
FIGURE 4.1: PROJECTED RETAIL RATES, BASE LOAD FORECAST
4.1.1 Load Sensitivity
Because the average retail rate for the municipal utility decreases as load increases, a sensitivity analysis is performed using the load scenarios described previously. Load estimates appear to have the largest impact on the viability of the municipal electric utility. The three load scenarios shown in Figure 4.2 are analyzed.
The projected rates assume a margin municipal rate to meet standard debt service coverages but the City could select a higher rate to dedicate revenue for program expansions including operating capital energy efficiency or other programs as determined by the City.
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FIGURE 4.2: LOAD SENSITIVITY, LEVELIZED CITY UTILITY EXPENSES 2025-2044
4.1.1.1 Break-Even Analysis
As part of the load sensitivity, it is informative to evaluate very low load forecasts. At a certain load threshold, there will be a break-even point with forecast IID rates. The analysis determines the break-even point equal to the load required to charge retail rates equal to IID and recover minimum operating costs.
Some years the City electric rates may exceed forecast IID rates, but on average the rates are similar.
The break-even load requirement for the greenfield utility is 30,000 MWh/year (5 MW). At this load level, the City would not need to construct the intertie with SCE and would continue to wheel through IID. If IID rates increase at 3% per year, the break-even load requirement increases to 55,000 MWh (9 MW). If peak demand exceeds 40 MW, the SCE intertie will need to be constructed.
4.1.2 Power Supply Cost Sensitivity
Power supply costs are estimated to average $81/MWh over the next 20 years (levelized cost). The sensitivity analysis evaluates lower and higher power costs and their impact on the municipal utility’s choice of power supply options.
$0.00
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5 Risks and Challenges
5.1 WHEELING OVER IID’S 92KV LINE
EES has investigated the IID transmission system and believes there is capacity for at least 40 MW in this portion of IID transmission system. However, IID has not confirmed that it has sufficient capacity available.
Further, IID determination of the available transmission capacity (ATC) takes into account the firm capacity set aside to serve peak native Load forecast commitments.7 The fact that the City has created a greenfield municipal utility should allow access to ATC that IID may have set aside for themselves to serve the load. If, through appropriate processes, it is determined that capacity on the IID system is not available to the City, the City would need to construct the 230kV line for interconnection with SCE at the initial start-up. This would increase initial capital needs. Ultimately, investigation of IID’s capacity as well as access to the capacity could delay the City from providing electric service to new customers.
If the capacity is available as predicted, there is a possibility that there will be challenges in obtaining interconnection with IID. In this case, the City would need to pursue FERC enforcement of IID’s OATT.
FERC Order 888 requires that any utility with capacity available, and under FERC jurisdiction, make available capacity to requested interconnections under standard tariffs. If the City needs to pursue FERC enforcement, energizing the new utility would be delayed and the costs of litigation would decrease the feasibility. Delays such as this may also have negative impacts on load growth potential.
5.2 LOAD GROWTH
Under municipalization, the City bears the full risk of load development throughout the Study period. If loads do not materialize, it will be difficult for the electric utility to cover the costs of the infrastructure investments without significantly increasing retail rates. If there are fewer customers, there is no base from which to generate income. Feasibility requires at least 30,000 MWh of annual load. The City is also incentivized for marketing to new developers, but the City may have limited resources for the marketing necessary to obtain new large customers.
In addition, historically, much of the projected load was expected to materialize from the cannabis grow industry. If alternative industrial customers replace cannabis grow footprint, the energy intensity of the loads could significantly decrease creating the risk that the minimum load is not reached. Cannabis grow operations typically use 100-200 kWh/square foot of floor space. Data centers or cryptocurrency loads are also high intensity and could create opportunities for base load customer growth. Other typical industrial uses are much lower ranging from 8-50 kWh/square foot depending on process.
5.3 BOND FINANCING
In order to begin serving customers, the City would need to finance substation and the transmission upgrades. The feasibility of obtaining the required debt financing should be evaluated in more detail. 7 Available Transfer Capability Implementation Document (ATCID) dated 4/15/2022
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The financing process may look similar to the financing process community choice aggregators pursue.
Typically, the municipal utility would issue a request for proposals for start-up financing. The RFP would include background on the utility’s business plan and projected loads and retail rates. Responses would be evaluated and one or more respondents selected for further analysis. The lenders would begin their due diligence process of reviewing the financials, projections, and risk analysis. In some cases, the banks require the borrower to pay the cost of a third-party review of the financials.
Ultimately, there is the risk that qualifying banks would not respond. Additionally, interest rates could be higher than expected, or banks may require significant collateral and/or lockbox arrangements to secure the borrowed funds. Since the City utility would be borrowing to support future growth, the growth projection will be a key factor in obtaining financing. All of these uncertainties together mean that the cost of financing the needed infrastructure investment could be not only higher than what is assumed in this Study, but also could be infeasible due to the current industry growth projections.
The Study does not consider the bonding capacity of the City or market interest in this type of project.
5.4 RESOURCE ADEQUACY COSTS
The Study assumes that all capacity requirements are procured through bilateral contracts. The price for RA in this Study is based on the market price benchmarks calculated by the CPUC. RA prices have increased dramatically in the past 5-6 years. Recent market transactions for RA have exceeded $50/kW-month, or nearly 4 times the price assumed in this Study.
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6 Summary
Based on the results of this Study, the following observations are made:
Considerations
Access to IID Capacity Initial plan is to use capacity from IID’s 92kV transmission. If access is denied, accelerate SCE interconnection.
Load Growth Risk Break-even threshold is 55,000 MWh with annual 5% IID rate increases.
Change in Load Mix Cannabis is High Density Energy Needs 100-200 kWh/sq.ft. Traditional Industrial/Commercial 8-50 kWh/sq.ft. Even with reductions in high density load, the City could likely achieve breakeven sales threshold of 55,000 MWh.
New Municipal Utility IID can challenge new utility. Limiting to greenspace-only rather than acquisition of IID customers does not eliminate the uncertainty.
Initial Financing $67.3 M
RPS Requirements Purchase from interconnection with IID or SCE.
Customer Funded Distribution
Lines
Customers will need to contribute 100% for distribution facilities to serve new load.
Reliability Transmission feed radial is a weak point.
Resource Adequacy City must rely on bilateral transactions for RA subject to price risk.
For next steps and options, see Section 1.6
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7 References
City of Coachella. General Plan. Available at: https://www.coachella.org/services/document-central/- folder-165
California Energy Commission. Renewable Portfolio Standard Eligibility. Commission Guidebook. January 2011. www.pge.com/includes/docs/pdfs/b2b/wholesaleelectricsuppliersolicitation/RPS/CEC-300-2010- 007-CMF[1].pdf
California Air Resources Board. https://ww2.arb.ca.gov/resources/documents/enforcement-policy Energy Information Administration. Southern California Natural Gas Prices Accessed May 5, 2023. https://www.eia.gov/special/disruptions/socal/winter/#:~:text=The%20spot%20price%20of%20natural, hub%E2%80%94averaged%20%243.43%2FMMBtu.
Imperial Irrigation District Open Access Tariff.
http://www.oasis.oati.com/woa/docs/IID/IIDdocs/IID_OATT_Effective_12.01.2020.pdf Imperial Irrigation District website. Transmission Access. https://www.iid.com/energy/transmissionaccess/transmission-service Judicial Council of California Civil Jury Instructions (May 2020 supplement). “CACI No. 3501.” Available at:
https://www.justia.com/trials-litigation/docs/caci/3500/3501/ Southern California Edison wheeling rates.
http://www.caiso.com/Documents/WheelingAccessRatesEffectiveJan012023R3.pdf U.S. Bureau of the Census. City of Coachella, California. Estimate July 2019. https://www.census.gov/quickfacts/coachellacitycalifornia Whitman, Requardt and Associates. Handy-Whitman Index of Public Utility Construction Costs. Bulletin No. 191. Baltimore, MD. 2022.
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8 Glossary of Terms
AB: Assembly Bill
Ancillary Services: Those services necessary to support the transmission of electric power from seller to purchaser given the obligations of control areas and transmitting utilities within those control areas to maintain reliable operations of the interconnected transmission system.
Auto Wrecker Zone: Northern most EDZ (Economic Development Zone).
Base Case: The base case is defined as the expected case involving expected power prices and electric loads.
Bundled: Receive all their services (transmission, distribution and supply) from the Investor-Owned Utility.
California Independent System Operator (CAISO): The organization responsible for managing the electricity grid and system reliability within the former service territories of the three California IOUs.
City: City of Coachella
Firming: Firm capacity is the amount of energy available for production or transmission that can be (and in many cases must be) guaranteed to be available at a given time. Firm energy refers to the actual energy guaranteed to be available. Firming refers to the financial instrument to change non-firm power to firm power.
Greenfield: Portions within the municipal utility zone that currently do not have electric service such as vacant land.
Green Power Program: IID customer can elect to purchase up to 100% renewable energy from IID through an Energy Cost Adjustment Renewable Billing Factor.
Harrison and Polk: Two new distribution substations.
Industrial Zone: One of the Economic Development zones located between Avenue 52 and Avenue 53.
Intertie: transmission line that forms part of an interconnection. kV: kilovolt, 1,000 volts, a unit of electrical potential. kW: Kilowatt, equal to 1,000 watts, is measure of electric demand. kWh: Kilowatt Hour.
Load Forecast: A forecast of expected load over some future time horizon. Short-term load forecasts are used to determine what supply sources are needed. Longer-term load forecasts are used for budgeting and long-term resource planning.
Load Factor: Ratio of actual energy consumption to maximum possible consumption based on peak electric load.
MW: Megawatt equal to 1,000 kW.
MWh: Megawatt Hours equal to 1,000 kWh.
N-1: Refers to contingency when there is a loss of any one system component to maintain electric service.
Resource Adequacy (RA): The requirement that a Load-Serving Entity own or procure sufficient generating capacity to meet its peak load plus a contingency amount (15% in California) for each month.
Renewable Portfolio Standard (RPS): The state-based requirement to procure a certain percentage of load from RPS-certified renewable resources.
Retail Rates: Rates charged by electric distribution utility for service provided to end-use customers. Retail rates may include distribution, transmission, and power supply services.
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Shaping: Function that facilitate and supports the delivery of energy generation to periods when it is needed most.
Wheeling: the transportation of electricity from within an electrical grid to an electrical load outside the grid boundaries.
Wholesale Power: Large amounts of electricity that are bought and sold by utilities and other electric companies in bulk at specific trading hubs. Quantities are measured in MWs, and a standard wholesale contract is for 25 MW for a month during heavy-load or peak hours (7 am to 10 pm, Mon-Sat), or lightload or off-peak hours (all the other hours).
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C I T Y O F C O A C H E L L A
Feasibility Study for Municipal Electric Service to the Development Area prepared by E E S C O NS U LT I N G 27
9 Acronyms
A&G: Administrative and General
ARB: Air Resource Board
ATC: Available Transmission Capacity
ECA: Energy Cost Adjustment
EDZ: Economic Development Zone
ESA: Energy Service Agreement
FERC: Federal Energy Regulatory Commission
IID: Imperial Irrigation District
OATT: Open Access Transmission Tariff
O&M: Operation and Maintenance
NERC: North American Electric Reliability Corporation
PCC1: Portfolio Content Category 1
PCC2: Portfolio Content Category 2
PCC3: Portfolio Content Category 3
RA: Resource Adequacy
REC: Renewable Energy Credit
RPS: Renewable Portfolio Standard
SCE: Southern California Edison
SCF: Standard Cubic Foot is Defined as One Cubic Foot of Gas at 60 ⁰F SCPPA: Southern California Public Power Authority
SP15: South Path 15
TRECS: Tradeable RECs
WREGIS: Western Renewable Energy Generation Information System
Item 32.
STAFF REPORT
6/12/2024
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Authorize the City Manager to Submit Grant Application to the State of California Department of Transportation for the Active Transportation Program - Cycle 7 in the Amount of $22,333,904 for its “Connecting Coachella” Project STAFF RECOMMENDATION:
Staff recommends that the City Council considers the following:
1. Authorize the City Manager to submit an application to the State of California Department of Transportation for the Active Transportation Program - Cycle 7 in the amount of $22,333,904 for its “Connecting Coachella” Project;
2. Authorize the City Manager to execute any necessary funding, cooperative agreement, or contractual documents, subject to the approval of the City Attorney as to form and legality, for accepting the funding.
BACKGROUND:
The Active Transportation Program (ATP) is a competitive statewide program created to encourage increased use of active modes of transportation, such as biking and walking. Senate Bill 99 (Committee on Budget and Fiscal Review, Chapter 359, Statutes of 2013) and Assembly Bill 101 (Committee on Budget, Chapter 354, Statutes of 2013) created the ATP, and Senate Bill 1 (SB 1) (Beall, Chapter 5, Statutes of 2017) directs additional funding from the Road Maintenance and Rehabilitation Account to the ATP. The goals of the ATP are to:
1. Increase the proportion of trips accomplished by biking and walking.
2. Increase the safety and mobility of nonmotorized users.
3. Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals as established pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill 391 (Chapter 585, Statutes of 2009).
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4. Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School Program funding.
5. Ensure that disadvantaged communities fully share in the benefits of the program.
6. Provide a broad spectrum of projects to benefit many types of active transportation users.
In addition to the goals listed in statute, the ATP will also consider state goals and provisions set forth in the Climate Action Plan for Transportation Infrastructure (CAPTI).
DISCUSSION/ANALYSIS:
The City of Coachella is submitting an application to fund its Connecting Coachella project.
Connecting Coachella is the direct result of extensive outreach, engagement, data collection, and feasibility analysis conducted as a part of the 2020 Coachella Active Transportation Plan.
Connecting Coachella is also the result of winning the California Transformative Climate Communities grant, which funds projects that address climate change. This grant program allowed the City to complete the PA&ED and 50% design phases for Connecting Coachella, making it a shovel-ready project.
The project will create 3.6 miles of a Class I multi-modal path, 2.6 miles of Class II bike lanes, 1.4 miles of sidewalk, and 14 crosswalk enhancements. The project will connect to the Coachella Valley Link Multi-Use Trail (CV Link) and the Arts and Music Line Connector Multimodal Pathway. Infrastructure improvements also include a roundabout; sidewalks; lighted bollards; 6- to 12-foot landscape buffer with shade trees; high-visibility crosswalks; enhanced signals; and raised medians and Americans with Disabilities Act (ADA) ramps to improve pedestrian/bicycle safety at crossings, reduce speeding, and improve visibility for walking/biking. New shade structures, benches, drinking fountains, bike repair kiosks, trash cans, and art installations will enhance the path as well.
The project will benefit students, families, residents, and visitors by bringing needed active transportation infrastructure and improved safety, making active transportation a more viable option.
FISCAL IMPACT:
With the submission of this grant application, if approved, the City is committing 15% in local matching funds ($3,350,086), of which Coachella Valley Association of Governments (CVAG) will be responsible for 75% ($2,512,564) and the City of Coachella 25% ($837,522).
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ALTERNATIVES:
1. Authorize the City Manager to Submit Grant Application to the State of California Department of Transportation for the Active Transportation Program - Cycle 7 in the Amount of $22,333,904 for its “Connecting Coachella” Project
2. Not Authorize the City Manager to Submit Grant Application to the State of California Department of Transportation for the Active Transportation Program - Cycle 7 in the Amount of $22,333,904 for its “Connecting Coachella” Project
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