EXHIBIT D
Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $58.75 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 3.0% = $60.51 Year 2 Avg Hourly Rate
Year 2 + 3.0% = $62.33 Year 3 Avg Hourly Rate
Year 3 + 3.0% = $64.20 Year 4 Avg Hourly Rate
Year 4 + 3.0% = $66.12 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 40 = 40 Estimated Hours Year 1
Year 2 * 40 = 0 Estimated Hours Year 2
Year 3 * 40 = 0 Estimated Hours Year 3
Year 4 * 40 = 0 Estimated Hours Year 4
Year 5 * 40 = 0 Estimated Hours Year 5
Total Total = 40
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 40 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
EXHIBIT 10-H COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $2,350.00 40
1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $58.75
$60.51
$62.33
$64.20
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 100.0%
0.0%
0.0%
0.0%
0.0%
100.0%
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$2,350.00
$0.00
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) $64.20 $0.00
$66.12 $0.00
$2,350.00
$58.75 $2,350.00
$60.51 $0.00
$62.33 $0.00
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name**: Title**:
Signature: Date of Certification (mm/dd/yyyy):
Email**: Phone Number:
Address: 2825 Watt Ave. Suite 200, Sacramento CA 95821
List services the consultant is providing under the proposed contract:
Right of Way Services
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Renee Baur Chief Executive Officer
[email protected] (916) 978-4900
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 11/19/2024
EXHIBIT 10-H COST PROPOSAL
Certification of Direct Costs:
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Code Enforcement Monthly Report for October 2024 Meeting Date: Thursday, December 5,2024
From: Sean Brewer, Interim City Manager
Prepared by: Yaneth Ibarra, Code Enforcement Officer
I. RECOMMENDATION:
Information Only - Per Councils request and due to scheduling conflict, in person presentations of the Code Enforcement Report will begin in January 2025. However, this report is a more detailed report than previously provided due to Code Enforcement activity now being administered in the City's EnerGov Module of the Tyler Technology Solution.
II. BACKGROUND:
III. DISCUSSION:
IV. ALTERNATIVES:
V. FISCAL IMPACT:
ATTACHMENTS:
File Name Description
October_2024.pdf Code Enforcement Report October 2024
CODE CASES OPENED BY STATUS (10/01/2024 TO 10/31/2024)
FOR THE CITY OF COALINGA
0 2
4 6
8 10
12 14
16 CLOSED - RESOLVED IN PROGRESS
CLOSED - RESOLVED
IN PROGRESS
Count of Cases
Code Status
Case # Case Type Case Status Project District Main Address Parcel Opened
Date
Closed
Assigned To Date
CLOSED - RESOLVED
000121-2024 Animal 215 W Yale Ave, Coalinga, Yaneth Ibarra 11/18/2024 CA 93210
Closed - 07107407S 10/24/2024
Resolved
NA
PROP-000123-2024 Property
Maintenance
336 W Monroe St, Coalinga, Yaneth Ibarra 11/18/2024
CA 93210
Closed - 07207109S 10/28/2024
Resolved
NA
PROP-000125-2024 Property
Maintenance
216 College Ave, Coalinga, Yaneth Ibarra 11/18/2024
CA 93210
Closed - 07111307S 10/28/2024
Resolved
NA
PROP-000126-2024 Property
Maintenance
454 College Ave, Coalinga, Yaneth Ibarra 11/18/2024
CA 93210
Closed - 07110410S 10/28/2024
Resolved
NA
PROP-000128-2024 Property
Maintenance
445 W Yale Ave, Coalinga, Yaneth Ibarra 11/19/2024
CA 93210
Closed - 07106502S 10/28/2024
Resolved
NA
PROP-000129-2024 Property
Maintenance
435 W Yale Ave, Coalinga, Yaneth Ibarra 11/04/2024
CA 93210
Closed - 07106503S 10/28/2024
Resolved
NA
PROP-000131-2024 Property
Maintenance
1467 Elizabeth, Coalinga, Yaneth Ibarra 11/18/2024
CA 93210
Closed - 10/28/2024
Resolved
NA
PROP-000132-2024 Property
Maintenance
1470 Elizabeth St, Coalinga, Yaneth Ibarra 11/18/2024
CA 93210
Closed - 07102041S 10/28/2024
Resolved
NA
PROP-000134-2024 Property
Maintenance
938 Cabernet Way, Yaneth Ibarra 11/14/2024
Coalinga, CA 93210
Closed - 08338407S 10/30/2024
Resolved
NA
November 19, 2024 City of Coalinga | 155 W. Durian Street, Coalinga, CA 93210 | Phone: (559) 935-1533 Page 1 of 3 CODE CASES OPENED BY STATUS (10/01/2024 TO 10/31/2024)
Case # Case Type Case Status Project District Main Address Parcel Opened
Date
Closed
Assigned To Date
VEHI-2410-0018 Vehicle Codes 1304 N Joaquin St, Yaneth Ibarra 11/18/2024 Coalinga, CA 93210
Closed - 07105113S 10/08/2024
Resolved
NA
VEHI-2410-0022 Vehicle Codes 112 E Coolidge St, Coalinga, Yaneth Ibarra 11/18/2024 CA 93210
Closed - 07115201S 10/29/2024
Resolved
NA
VEHI-2410-0023 Vehicle Codes 735 Petite Sirah Ln, Yaneth Ibarra 11/18/2024 Coalinga, CA 93210
Closed - 08338306S 10/30/2024
Resolved
NA
WATER-000111-2024 Water Conservation No User
Assigned
Closed - 359 N 6Th, Coalinga 93210 10/08/2024 10/24/2024 Resolved
NA
WATER-000116-2024 Water Conservation No User
Assigned
625 Pacific St, Coalinga, CA 10/24/2024
93210
Closed - 08327019S 10/16/2024
Resolved
NA
WEED-000119-2024 Weed Abatement 395 E Houston St, Coalinga, Yaneth Ibarra 11/18/2024 CA 93210
Closed - 08314121 10/23/2024
Resolved
NA
WEED-000124-2024 Weed Abatement 158 College Ave, Coalinga, Yaneth Ibarra 11/18/2024 CA 93210
Closed - 07111503S 10/28/2024
Resolved
NA
TOTAL CASES OPENED FOR CLOSED - RESOLVED: 16
IN PROGRESS
PROP-000109-2024 Property
Maintenance
400 Kimberly Pl, Coalinga, Yaneth Ibarra
CA 93210
In Progress NA 07126208S 10/02/2024
PROP-000110-2024 Property
Maintenance
102 S 5Th St, Coalinga, CA Yaneth Ibarra
93210
In Progress NA 07220014S 10/08/2024
PROP-000112-2024 Property
Maintenance
400 Kimberly Pl, Coalinga, Yaneth Ibarra
CA 93210
In Progress NA 07126208S 10/08/2024
PROP-000113-2024 Property
Maintenance
346 N 7Th St, Coalinga, CA Yaneth Ibarra
93210
In Progress NA 07210317 10/08/2024
PROP-000115-2024 Property
Maintenance
258 E Durian Ave, Coalinga, Yaneth Ibarra 10/31/2024
CA 93210
In Progress NA 07213305 10/16/2024
PROP-000117-2024 Property
Maintenance
428 E Polk St, Coalinga, CA Yaneth Ibarra
93210
In Progress NA 08311403 10/16/2024
PROP-000118-2024 Property
Maintenance
298 E Pleasant St, Coalinga, Yaneth Ibarra
CA 93210
In Progress NA 08313311 10/22/2024
PROP-000120-2024 Property
Maintenance
363 E Houston St, Coalinga, Yaneth Ibarra
CA 93210
In Progress NA 08314125 10/23/2024
PROP-000122-2024 Property
Maintenance
424 E Pleasant St, Coalinga, Yaneth Ibarra
CA 93210
In Progress NA 08314109 10/24/2024
PROP-000127-2024 Property
Maintenance
455 W University Ave, Yaneth Ibarra
Coalinga, CA 93210
In Progress NA 07110401S 10/28/2024
PROP-000130-2024 Property
Maintenance
1325 Elizabeth St, Coalinga, Yaneth Ibarra
CA 93210
In Progress NA 07102041S 10/28/2024
PROP-000133-2024 Property
Maintenance
1548 Meadow St, Coalinga, Yaneth Ibarra
CA 93210
In Progress NA 07127205S 10/29/2024
VEHI-2410-0019 Vehicle Codes 289 Keck Ln, Coalinga, CA Yaneth Ibarra 93210
In Progress NA 07224208S 10/28/2024
VEHI-2410-0020 Vehicle Codes 159 W Madison St, Yaneth Ibarra Coalinga, CA 93210
In Progress NA 07207503 10/28/2024
November 19, 2024 City of Coalinga | 155 W. Durian Street, Coalinga, CA 93210 | Phone: (559) 935-1533 Page 2 of 3 CODE CASES OPENED BY STATUS (10/01/2024 TO 10/31/2024)
Case # Case Type Case Status Project District Main Address Parcel Opened
Date
Closed
Assigned To Date
VEHI-2410-0021 Vehicle Codes 239 W Cedar Ave, Yaneth Ibarra Coalinga, CA 93210
In Progress NA 07210302 10/28/2024
WATER-000114-2024 Water Conservation No User
Assigned
698 E Polk St, Coalinga, CA
93210
In Progress NA 08312303 10/15/2024
TOTAL CASES OPENED FOR IN PROGRESS: 16
GRAND TOTAL OF CASES: 32
*Indicates an Emergency
November 19, 2024 City of Coalinga | 155 W. Durian Street, Coalinga, CA 93210 | Phone: (559) 935-1533 Page 3 of 3
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Coalinga Police Department Monthly Report for October 2024 Meeting Date: Thursday, December 5, 2024
From: Sean Brewer, (i)City Manager
Prepared by: Jose Garza, Chief of Police
I. RECOMMENDATION:
II. BACKGROUND:
III. DISCUSSION:
IV. ALTERNATIVES:
V. FISCAL IMPACT:
ATTACHMENTS:
File Name Description
October_2024_Monthly_Report.docx October 2024 Monthly Report October 2024
Monthly Report
The Coalinga Police Department, in partnership with the community, continues to do an outstanding job in addressing crime in the city. According to the Month to Month and Year to Year Table of Part 1 Crimes (See Table below), crimes are down by 25% Year to Date compared to last year 2023.
For the month of October 2024, Part 1 crimes were down by 36% compared to October 2023, which was primarily due to a decrease in the number of assaults. We need to keep the momentum going and work together to hold these criminals accountable for their actions.
I would like to share the following Notable Investigation and Arrests press releases:
Police Seek Information in Shooting Investigation
On Thursday, October 17th, at about 11:45pm, officers were dispatched to the 200 block of East Houston regarding several gunshots being heard. Officers responded and located several shell casings from multiple firearms in the roadway. Luckily nobody was struck or injured during the shooting. This is an active investigation that officers are still looking into.
The Coalinga Police Department is encouraging anybody with any information related to this shooting to contact Sergeant Henderson at the police department at (559) 935-1525, ext. 0. You can remain anonymous if you wish.
Firearm Recovered During Traffic Stop
On October 12, 2024, at about 5pm, officers conducted a traffic stop on a vehicle for violations of the California Vehicle Code. The driver was contacted and identified as 21-yearLast Oct This Oct % CHANGE
YTD
2023
YTD
2024
%
CHANGE
HOMICIDE 0 0 0% 0 1 100%
RAPE 1 0 -100% 6 3 -50%
ROBBERY 0 0 0% 2 2 0%
ASSAULT 20 9 -55% 121 114 -6%
BURGLARY 1 1 0% 17 15 -12%
LARCENY 3 6 100% 82 40 -51%
AUTO THEFT 3 2 -33% 16 7 -56%
TOTAL PART ONE 28 18 -36% 244 182 -25%
PART 1 CRIMES
old Coalinga resident, Trinidad Anthony Ramirez, a known to associate of the Westside Coalinga Norteno criminal street gang.
During the course of the stop Ramirez was asked to step out of the vehicle multiple times which he refused to do and began resisting officers. After a brief struggle, Trinidad got out of the vehicle and was placed under arrest for PC 148(a)(1). A search of the vehicle revealed a loaded 9mm pistol with a large capacity magazine. The pistol did not have a serial number and was not registered. Ramirez was in violation of PC 25850(a) – Loaded firearm in in public, PC 25850(C)(6) – Carrying a loaded non-registered handgun, PC 25850(c)(3) – Carrying loaded firearm as a gang member, PC 29180(c) – No serial number on firearm, and PC 32310 – Possession of a large capacity magazine.
During the stop/investigation the Ramierz’ mother, Antoinette Jessica SanchezRamirez, arrived and began delaying and obstructing officers ongoing investigation. She was also arrested for interfering with the police investigation, PC 148(a)(1). Both parties were later transported to the Fresno County Jail and booked on their above charges.
A note to the general public, although it is not recommended, if you do show up to an active police investigation, you must stay a safe distance away from the scene and obey all lawful commands given by the officers. A violation of PC 148(a)(1) is a misdemeanor which carries a possible sentence of up to one year in county jail and a maximum fine of $1,000.00.
Search Warrant Leads to Firearms Related Arrest
On October 20, 2024, at about 8am, officers from the Coalinga Police Department and members of the Crisis Response Team from the California Department of Corrections and Rehabilitation served a search warrant in the 100 block of Walker Lane. During the search warrant a loaded pistol and a SKS-style rifle were located, both unregistered, along with highcapacity magazines. 46-year-old Coalinga resident, Osvaldo Ramirez, was arrested for various firearms related charges, including possession of unregistered firearms and possession of a firearm by a known gang member. Ramirez was booked into the Coalinga City Jail and later transported to the Fresno County Jail.
Fentanyl Recovered During Arrest
On October 23, 2024, at about 2:30pm, officers received an anonymous tip that Coalinga resident and wanted felon, Daniel Diaz Aguilar, was staying at an apartment located in the 300 block of W. Polk. Officers also received information that Aguilar was in possession of a significant number of illegal narcotics, specifically blue "M-30" fentanyl pills. Aguilar was wanted for three outstanding Fresno County warrants, one of which was a No Bail felony Post Release Community Supervision (PRCS) violation warrant. Aguilar was also on Fresno County PRCS and open to search and seizure.
Fentanyl Recovered During Search Warrant
On Thursday, October 24, 2024, officers served a search warrant in the 300 block of West Pleasant Street. During the search warrant, officers came across about 1000 suspected Fentanyl pills, with an estimated street value of $20,000 - $25,000. The resident, 53-year-old Coalinga resident Cheryl Bailow, was arrested and later transferred to the Fresno County Jail on charges related to possession of a controlled substance and possession of a controlled substance for sale. During the search warrant, the apartment manager, Maria Luisa Rodriguez, was arrested for interfering / obstructing due to her actions trying to impede officers during the investigation.
Officers arrived at the apartment unit and located Aguilar inside of one of the bedrooms.
Officers arrested Aguilar for his outstanding warrants and conducted a search of his room incident to arrest and per his PRCS terms and conditions. Officers located, seized, and collected approximately 1oz. of crystal methamphetamine, 1oz. of fentanyl, 3oz. of processed marijuana, and narcotics paraphernalia. Aguilar was additionally charged with multiple narcotics violations.
Respectfully,
Jose V Garza
Chief of Police
STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE
AUTHORITY
Subject: Discussion, Direction and PotentialAction to Adopt Resolution No. 4245 Approving an Agreement for the Purchase of Untreated Water from West Stanislaus Irrigation District
Meeting Date: Thursday, December 5, 2024
From: Sean Brewer, Interim City Manager
Prepared by: Dan Bergmann, IGS
I. RECOMMENDATION:
City Council is hereby recommended to adopt Resolution No. 4245 approving an Agreement for the purchase of untreated water from West Stanislaus Irrigation District (WSID).
II. BACKGROUND:
During this USBR water year (March 2024 through February 2025), the City has been selling excess USBR water supply to Pleasant Valley Water Conveyance Partners (PVWCP). These ongoing sales are conducted to the benefit of the water ratepayers. The initial determination of total water available from USBR was based on a calculation that included volumes sold to Westside Mutual Water District in February 2024. However, at the end of September, USBR notified staff that those volumes should not have been included in the calculation because the sale was outside the City’s service area. Consequently, realizing the City’s allocation for the year was lower, sales to PVWCP were immediately suspended. However, based on projections of the City’s own water needs through February 2024, a shortage still results, currently estimated at 438 acre-feet (AF) based on projections for November through February.
III. DISCUSSION:
Since California is not presently in a drought, water is reasonably available for purchase. WSID is willing to sell its excess USBR Agricultural water to the City, and USBR has confirmed the City can convert the Agricultural water to Municipal and Industrial (M&I) water. At the time of this report, staff are waiting for USBR to confirm the transfer price components to determine the delivered price of the water. The intent is to purchase water from WSID such that the delivered cost keeps ratepayers whole in comparison to the City’s water sales this year to PVWCP. As a result, the price information in the attached agreement is blank, to be filled in prior to City Council approval. The agreement is written to provide up to 500 AF of water through the end of February. The City will take only as much needed to meet demand.
IV. ALTERNATIVES:
The alternative is not to purchase water from WSID, which would result in the City taking excess water from USBR beyond the City’s revised, calculated allocation for this water year.
V. FISCAL IMPACT:
If the delivered cost of the water purchased from WSID is less than approximately $400 per AF, the fiscal impact is neutral or beneficial to the water enterprise and will not impact the general fund.
ATTACHMENTS:
File Name Description
RESO#4245_Approving_Water_Purchase___Agreement_from_West_Stanislaus_Irrigation_District_120524.pdf Resolution No. 4245 WSID_-_City_of_Coalinga_Water_Transfer_Agreement_2024_11_21.pdf Agreement RESOLUTION NO. 4245
A RESOLUTION FOR THE CITY COUNCIL OF THE CITY OF COALINGA APPROVING THE
PURCHASE OF UNTREATED USBR WATER FROM WEST STANISLAUS IRRIGATION DISTRICT FOR THE 2024/2025 WATER YEAR
WHEREAS, during the 2024/2025 water year, a correction has been made to the total volume of USBR water available to the City, reducing the amount available; and WHEREAS, up to 500 acre-feet of additional water is needed for the water year to meet the City’s needs; and
WHEREAS, West Stanislaus Irrigation District has excess Irrigation water it is willing to sell to the City; and
WHEREAS, USBR has confirmed the Irrigation water can be converted to Municipal and Industrial water for the City’s use; and
WHEREAS, City and WSID have mutually agreed on terms and conditions of an agreement; and WHEREAS, the price negotiation with WSID was conducted to attempt to keep the City’s ratepayers whole financially, compared to water sold by the City otherwise during this water year.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Coalinga does hereby approve the purchase of untreated USBR water from WSID, as follows.
1. The purchase shall be pursuant to the terms and conditions of the attached agreement stated as:
“AGREEMENT FOR WATER TRANSFER OF CVP ALLOCATION BETWEEN WEST STANISLAUS IRRIGATION DISTRICT AND CITY OF COALINGA.
2. The price for water to be paid to WSID has been finalized and written into the agreement.
3. The Interim City Manager is authorized to execute the agreement on behalf of the City.
The foregoing resolution was duly adopted by the Coalinga City Council at a regular meeting held on the 5th day of December 2024, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT: APPROVED:
________________________________
ATTEST: James Horn, Mayor
________________________________
Shannon Jensen, City Clerk
WSID-COALINGA Water Transfer Agreement 1
AGREEMENT FOR WATER TRANSFER
OF CVP ALLOCATION BETWEEN
WEST STANISLAUS IRRIGATION DISTRICT AND
CITY OF COALINGA
This AGREEMENT FOR WATER TRANSFER OF CVP ALLOCATION BETWEEN WEST STANISLAUS IRRIGATION DISTRICT AND CITY OF COALINGA (“Agreement”) is made this _____ day of _______________ 2024 (“Effective Date”), by and between the West Stanislaus Irrigation District (“WSID”) and City of Coalinga (“Coalinga”).
RECITALS:
A. Both parties to the Agreement are public agencies of the State of California, duly formed and operating under the laws of the state, and are empowered to enter into contracts to manage the water supply available to them for the benefit of their constituents.
B. WSID is a contractor with the United States Department of the Interior, Bureau of Reclamation (“USBR”) and is entitled to receive Central Valley Project (“CVP”) water (“Project Water”) from Contract No. 14-06-200-1072-LTR1-P between USBR and WSID which provides that USBR will deliver Project Water during the 2023-24 water year, subject to the terms and conditions of the contract.
C. Coalinga is a contractor with USBR and is entitled to receive Project Water pursuant to Contract Nos. 14-06-200-4173A-IR1-P between USBR and COALINGA.
D. WSID has found and determined that it can make available from its 2024-25 supply of Project Water up to Five Hundred (500) acre-feet (“AF”) of water temporarily surplus to the needs of WSID’s customers within its boundaries.
AGREEMENT
1. The Recitals above are incorporated in full into this Agreement.
2. TERM. This Agreement shall begin on the Effective Date and continue until delivery of the Transfer Water (defined herein) or February 28, 2025, whichever is earlier.
3. AMOUNT OF WATER. Pursuant to the terms and conditions of USBR’s approval, WSID will make available to COALINGA up to 500 AF of Project Water for delivery between the Effective Date and the end of February of 2025 (“Transfer Water”).
4. DELIVERY AND MEASUREMENT. The point of delivery of Transfer Water to COALINGA shall be at Coalinga Canal Turnout from the San Luis Canal to lands below the Pleasant Valley Pumping Station (“Point of Delivery”) and shall be measured by the Westlands Water District, operator of the Coalinga Canal.
5. SCHEDULING. Concurrent with execution of this Agreement, WSID and COALINGA will cooperatively establish and mutually agree upon the schedule for delivery of the Transfer Water, which must be approved by the USBR in coordination with WSID and COALINGA. Water purchased under this Agreement is for the purpose of meeting COALINGA’S water needs up to the end of February 2025.
Coalinga will provide an estimated monthly amounts to WSID upon full execution of this Agreement, then WSID-COALINGA Water Transfer Agreement 2
provide final amounts as confirmed by Westlands Water District following the end of each month.
COALINGA’s total purchases shall not exceed 500 AF but may be less than 500 AF.
6. COST OF WATER. COALINGA agrees to pay WSID for Transfer Water made available at the Point of Delivery pursuant to this Agreement in the amount of _________________ Dollars ($XXX.XX) for each acre-foot. In addition:
a. WSID shall be responsible to pay to USBR the following charges:
i. WSID’s applicable Contract Rate for water (currently $26.38 per AF); ii. Other incremental charges as determined by USBR in acknowledgement letter; iii. Restoration Fund payment (currently $13.00 per AF); b. COALINGA shall pay when due, directly to the San Luis & Delta-Mendota Water Authority any and all rates, charges, and/or assessments of any kind applicable to delivery of the Transfer Water.
7. PAYMENT. After execution of this agreement and after receipt of USBR acknowledgement of the transfer contemplated herein and evidence that the water has been scheduled for delivery, Coalinga will deliver to WSID payment of $XXX.XX per acre-foot.
8. APPROVALS. WSID shall be responsible for the cost of obtaining any and all approvals legally required for the delivery of Transfer Water in accordance with this Agreement.
9. ENVIRONMENTAL REVIEW. The parties acknowledge that they will complete the necessary reviews under the California Environmental Quality Act for the transfer that is proposed to be accomplished by this Agreement, and that Reclamation has completed the necessary reviews under the National Environmental Policy Act.
10. CONDITIONS PRECEDENT. The performance by both parties to this Agreement is contingent upon approval of the USBR. Each party to this Agreement shall, in good faith, assist the other in obtaining all such necessary approvals, and to cooperate and assist each other in good faith in meeting such requirements of regulatory agencies as may be applicable to performance of any terms of the Agreement.
11. RESTRICTIONS ON USE. COALINGA agrees that all Transfer Water provided by WSID pursuant to this Agreement will be used within the boundaries of COALINGA or banked with one of its banking partners for its use. COALINGA will maintain books and records with regard to the use of any and all water provided pursuant to this Agreement sufficient to enable WSID to show proof of the reasonable and beneficial use of said water. Consistent with the provisions of Water Code Sections 475 and 1244, the parties agree that neither this transfer nor this Agreement are evidence of the availability of surplus water beyond the terms of this Agreement or lack of beneficial use of the water involved in this Agreement, and the parties will not contend otherwise.
12. NO ENTITLEMENT TO WATER. COALINGA and WSID agree that the delivery of the Transfer Water under this Agreement will not give COALINGA a continued right to acquire WSID water beyond the term of this Agreement.
13. LIMITING CONDITIONS. WSID’s obligation to deliver Transfer Water pursuant to the terms of this Agreement will, at all times, be subject and subordinate to any applicable federal and state laws and WSID-COALINGA Water Transfer Agreement 3
regulations now in existence and as modified from time to time (“Laws”), affecting WSID’s rights or obligations only to the extent that the Laws make it impracticable for WSID to provide any Transfer Water.
14. WATER SUPPLY REDUCTIONS. Water supply to be delivered to COALINGA under this Agreement may be reduced by WSID for any of the following reasons: the Limiting Conditions; failure of WSID distribution facilities; intervening acts, including litigation and stream adjudication brought by third parties, or actions of any state or federal agency exercising jurisdiction or claiming an interest and/or right to reduce and/or modify operations and/or quantities of Transfer Water otherwise available to WSID; and any action, legislation, ruling or determination adverse to WSID preventing its ability to meet obligations under the Agreement and beyond the reasonable control of WSID. WSID will make a good faith effort to oppose such reductions, but COALINGA agrees that WSID will not be liable for reductions of supply in this Agreement due to such causes. Water supply to be delivered by WSID under this Agreement may be reduced by COALINGA if any Limiting Condition, failure of facilities or any action, legislation, ruling or determination adverse to COALINGA preventing its ability to meet obligations under the Agreement and beyond the reasonable control of COALINGA, or if the inability of WSID to make the Transfer Water available, causes the inability of COALINGA to take delivery of the Transfer Water during the established schedule for delivery. COALINGA will make a good faith effort to oppose such reductions and in the event of the inability of COALINGA to take the Transfer Water available during the established schedule for delivery and will work cooperatively with WSID to accommodate any storage and delivery options available to the parties per the terms of WSID’s CVP contract. In the event of a reduction of supply caused by factors listed in this Section, COALINGA will pay only for water actually delivered. Each Party shall notify the other in writing as soon as practicable that a condition necessitating a water supply reduction has occurred, and WSID shall refund to the COALINGA within sixty (60) days after such notice any part of the Purchase Price paid for water not delivered.
15. CAPACITY CONSTRAINTS and FORCE MAJEURE: Except as otherwise provided herein, all obligations of the parties hereto shall be suspended so long as, and to the extent that, the performance thereof or if any portion of the transfer water cannot be delivered or shall be prevented due to restrictions of availability of canals or banking facility capacity which are beyond the control of COALINGA, earthquakes, fires, tornadoes, facility failures, floods, drowning, strikes, other casualties or acts of God, orders of court or governmental agencies having jurisdiction over the subject matter thereof or other events or causes beyond the control of the parties hereto. Furthermore, if water is not made available by WSID as a result of causes listed in Sections 13, 14 or 15, WSID shall refund to COALINGA any amounts paid by COALINGA to WSID for each AF of Transfer Water not made available for which COALINGA had already paid.
16. INDEMNITY. Each party shall agree to protect, defend, indemnify, and hold harmless the other party and its directors, officers, agents, employees, and consultants from and against any and all third-party losses, claims, liens, demands and causes of action of every kind and character connected with or arising directly or indirectly out of the performance or non-performance by the indemnifying party hereunder to the Agreement.
17. ATTORNEYS’ FEES & COSTS. The prevailing party in any litigation or other action to enforce or interpret the Agreement shall be entitled to reasonable attorneys’ fees, expert witness fees, costs of suit, and other and necessary disbursements in addition to any other relief deemed appropriate by a court of competent jurisdiction.
18. THIRD-PARTY BENEFICIARIES. This Agreement shall not create any right of interest in any non-party or in any member of the public as a third-party beneficiary.
WSID-COALINGA Water Transfer Agreement 4
19. PARTIAL INVALIDITY. If after the date of execution of the Agreement, any provision of the Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of the Agreement, such provision shall be fully severable.
20. AUTHORITY. Each signatory shall represent that s/he is authorized to execute the Agreement on behalf of the party for which s/he signs. Each party shall represent that it has legal authority to enter into this Agreement and to perform all obligations under the Agreement.
21. SPECIFIC PERFORMANCE. It is agreed by the parties hereto that in this arid region the water delivered herein is of unique value and that, in the event of breach of this Agreement, specific performance of the Agreement in accordance with its terms and conditions will be proper injunctive relief, and such injunctive relief may be sought at any time during the term of the Agreement.
22. WAIVER OF RIGHTS. Any waiver, at any time, by any party of its rights with respect to a breach or default, or any other matter arising in connection with this Agreement, will not be deemed to be a waiver with respect to any other breach, default, or matter.
23. NOTICES. Any notice or communication required or permitted hereunder shall be in writing and shall be delivered personally, delivered by nationally recognized overnight courier service, or sent by certified or registered mail, postage prepaid, or sent by Electronic Transmission (subject to confirmation of such transmission). Any such notice or communication shall be deemed to have been given (i) when delivered, if personally delivered, (ii) three (3) Business Days after it is deposited with a nationally recognized overnight courier service, if sent by nationally recognized overnight courier service, (iii) the day of sending, if sent by email prior to 5:00 p.m. (PST) on any Business Day or the next succeeding Business Day if sent by email after 5:00 p.m. (PST) on any Business Day or on any day other than a Business Day or (iv) five (5) Business Days after the date of mailing, if mailed by certified or registered mail, postage prepaid, in each case, to the following address or email, or to such other address or addresses or email as such party may subsequently designate to the other parties by notice given hereunder:
WEST STANISLAUS IRRIGATION DISTRICT
Attention: General Manager
P. O. Box 37
Westley, California 95387
Phone: (209) 894-3091
Email: [email protected]
CITY OF COALINGA
Attention: City Manager
155 West Durian Avenue
Coalinga, CA 93210
Phone: (559) 935-1533
Email: [email protected]
As used herein, “Business Day” means any day other than a Saturday, Sunday, or any other day on which banking institutions in the State of California are authorized by law or executive action to close.
24. APPROVALS. Where the terms of this Agreement provide for action to be based upon a judgment, approval, review, or determination of any party, such terms are not intended to be and will never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
WSID-COALINGA Water Transfer Agreement 5
25. OTHER AGREEMENTS. Nothing contained herein restricts WSID from entering into other water transfer or wheeling agreements, provided such agreements do not unreasonably interfere with WSID’s obligation to COALINGA under this Agreement.
26. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between WSID and COALINGA and supersedes any oral agreement, statement, or promise between them relating to the subject matter of the Agreement. Any amendment, including oral modifications, must be reduced to writing and signed by all parties to be effective.
27. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
This Agreement will not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Any one of such completely execute counterparts will be sufficient proof of this Agreement.
IN WITNESS WHEREOF, the parties execute this Agreement on this day and year first above mentioned.
WEST STANISLAUS IRRIGATION DISTRICT
By
Robert Pierce, General Manager
CITY OF COALINGA
By
Sean Brewer
Interim City Manager