Agenda, first session — Indio City Council, June 15, 2022 (part 4 of 11)

AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 380 of 1168 radio, digital, and print for the City’s review and approval. Development of an Indio specific hashtag, digital "Shop Local: resource guide, and digital toolkit for businesses.

• Curated social media designed to promote “Shop Local” suggestions throughout Indio. • “Shop Local” holiday gift guide and “Shop Local” social media features. • Social media frames and assets for easy use and adoption by the City and Chamber. The City will approve all designs prior to use.
• The Chamber will provide monthly reporting on how the “Shop Local” campaign is performing.

F. Local Business Support and Regional Initiatives
Coordinate all business ribbon cuttings, grand openings and reopening, and city e vents as requested. Conduct six annual business walks to connect with the local business community and report results to the City Council as part of quarterly updates. Monitor legislative and economic development initiatives that directly affect our loca l business community. Provide advocacy and support as needed. Also, engage and inform the city as appropriate to provide letters of support.

Local business support and regional initiatives is approximately $50,000.

The Chamber has reviewed the agre ement and agrees with its terms including the provision of the services listed under the Scope of Services in the Agreement (Exhibit A).

FINANCIAL SUMMARY:

Current FY Financial
Impact:
0 In current year budget: N/A
Current FY General
Fund Impact:
0 Budget adjustment: N/A
Next FY Financial
Impact:
142,500 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: General Fund Fund-Org-Object
Reference:
101-1011174

Additional Financial Details:

The total cost of the contract $142,500 is included in the City Manager’s recommended Fiscal Year 2022/2023 budget plan, as part of the Communications and Marketing budget.

ATTACHMENTS:

Attachment A- Contract + Exhibit A

APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 09 Jun 2022 Roxanne Diaz, City Attorney Approved - 09 Jun 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 09 Jun 2022 Bryan H. Montgomery, City Manager Approved - 09 Jun 2022

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 381 of 1168 1 CONTRACT FOR SERVICE AGREEMENT BETWEEN THE CITY OF INDIO AND

THE INDIO CHAMBER OF COMMERCE AND THE GREATER COACHELLA VALLEY

CHAMBER OF COMMERCE

This Agreement ("Agreement") is made and entered into and effective this 1st day of July, 2022 (the "Effective Date") by and between the City of Indio, a California municipal Corporation ("CITY") and the Indio Chamber of Commerce and the Greater Coachella Valley Chamber of Commerce (collectiv ely "CHAMBER"). CITY and CHAMBER are sometimes referenced together below as the "Parties." In instances when a provision of this Agreement applies to each of the Parties individually, either of the Parties may be referenced below as a "Party."

A. RECITALS

1. WHEREAS, the CITY, in strategically advancing its interests, requires certain professional promotional services rendered in coordination with the local business community (the "Services"); and

2. WHEREAS, the CHAMBER, based upon its character as an organization is uniquely qualified to provide such Services, and thereby confer a City -wide benefit; and

3. WHEREAS, the CHAMBER, beyond its general character, is qualified by virtue of experience, training, education, and expertise to provide these Services and has agreed to provide same as reflected herein;

4. WHEREAS, the CITY desires to retain CHAMBER to perform the Services through the term described in the Agreement, and thereby receive CHAMBER's advice and assistance;

NOW, THEREFORE, in consideration o f the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

B. AGREEMENT

1. Services:

(a) CHAMBER shall provide the CITY with the Services set forth in the Scope of Services, attached hereto and incorporated herein by this reference as Exhibit A, which shall include but are not limited to work,

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 382 of 1168 2 tasks and functions as outlined therein. All Services shall be provided to the full and complete satisfaction of CITY'S City Manager (the "CITY MANAGER").

(b) CHAMBER shall comply with any and all applicable local, state or federal laws, regulations or guidelines in performance under this Agreement.

(c) CHAMBER warrants that it is fully qualified to perform the Services and is willing to perform such Services, per this Agreement, in a first class manner, consistent with the highest professional standards. For purposes of this Agreement, "highest professional standards" shall mean standards of practice recognized as high quality among well - qualified and experienced professionals performing similar work under similar circumstances. CHAMBER so warrants based upon its ample experience performing work akin to the Services, and, in light of CHAMBER'S professional status and experience.

(d) CHAMBER may, at CHAMBER'S sole cost and expense, secure and hire such other persons as, in the opinion of CHAMBER, and that are necessary to comply with the terms of this Agreement. In the event CHAMBER retains any other persons, CHAMBER hereby warrants that such persons shall be fully qualified to perform any Services required by CHAMBER hereunder in a manner consistent with the highest professional standards. Furthermore, CHAMBER warrants that such persons shall comply with all terms and conditions of this Agreement.

CHAMBER further agrees that it shall only retain a subcontractor upon CITY'S prior written approval.

2. City Obligations: CITY shall pay CHAMBER, in exchange for Services rendered per this Agreement through its term, an amount not to exceed One Hundred Ninety Five Thousand ($142,500) (the "Payment"). The Parties agree that CITY shall disburse the Payment to CHAMBER in two (2) eq ual installments of Seventy-one Thousand, Two Hundred and Fifty Dollars ($71,250) each. Each such installment shall be due and payable to CHAMBER on or before the 10th business day of August 2022 and February 2023.

(a) This Payment shall cover all direct and indirect costs and expenses arising from and relating to CHAMBER staff time, including without limitation the work of employees, agents, volunteers, and contractors, whether specifically engaged to assist CHAMBER in providing Services per this Agreement or otherwise. Notwithstanding any other provision of this Agreement, CHAMBER'S compensation per this Agreement shall not exceed the amount of the Payment under any circumstances.

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 383 of 1168 3 (b) CITY shall make available to CHAMBER only such information as is generally available to the general public from CITY files related to the Services.

(c) CITY shall provide assistance to CHAMBER, if necessary, in obtaining information from other governmental ag encies and/or private parties.

However, it shall be CHAMBER'S responsibility to make all initial contact with respect to the gathering of such information.

(d) CITY shall provide in a timely manner, permanent new businesses license applications and to make CH AMBER application forms available to every new business.

Should any Services not be rendered to the City because of the current public health emergency, or if the Services are to be provided on a reduced scale (for example, the Indio State BBQ Championshi p and Festival, Southwest Arts Festival, State of the City are cancelled or scope and scale are reduced), the monies allocated to those Services shall be returned to the City within ten days of a written request to the Chamber. The City Council authorizes the City Manager to reprogram such monies for other services in the sole discretion of the City Manager.

3. Term and Termination: The term of this Agreement shall commence on July 1, 2022 and shall continue through and include June 30, 2024. Either Party may terminate this Agreement for any reason, with or without cause, upon issuance to the other of a written "Notice of Termination." Such a Notice of Termination shall provide the Party receiving same with not less than thirty (30) days' notice of its effective date, calculated starting on the day after the issuance of the notice. Upon termination, the CHAMBER shall be paid only for all Services actually performed through the date of termination. Any Payment upon termination shall be prorated based upon a three hundred and sixty (360) day year, i.e., including four (4) ninety-day quarters. Within three (3) days of the effective date of any termination, CHAMBER shall provide and/or return to CITY true and correct copies, whether! "hard" or electronic, of any and all of its work product and other documents related to the Services, whether in draft or final form, prepared or compiled by CHAMBER as of the date of termination as well return the prorated amount of any Payment made to the CHAMBER pursuant to Section 2 based on the formula set forth herein.

4. Ownership of Documents: All documents, data, st udies, surveys, drawings, maps, models, photographs, PowerPoint presentations, records and reports prepared by CHAMBER pursuant to this Agreement ("Documents") shall be and remain the property of the CITY. CHAMBER may, however, make and retain such copies of said documents and materials, as CHAMBER may desire.

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 384 of 1168 4 5. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the Parties hereto shall be addressed as follows and the positions designated are primarily responsible for the performance by the Parties under this Agreement:

CITY: City Manager
100 Civic Center Mall
Indio, CA 92201
(760) 391-4000
(760) 391-4008 Fax

CHAMBER: President/Chief Executive
Officer Indio Chamber of Commerce
82-921 Indio Boulevard
Indio, CA 92201
(760) 347-0676
(760) 347-6069 Fax

Any such notices, demands, invoices and written communications shall be given personally, by fax or by mail and shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, first class, postage prepaid and properly addressed as set forth above.

6. Insurance: CHAMBER shall not commence Services under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY, nor shall CHAMBER allow any subcontractor to commence work on a subcontract until all insurance required of the subc ontractor has been obtained. CHAMBER shall take out and maintain at all times during the term of this Agreement the following policies of insurance:

(a) Worker's Compensation Insurance: Before beginning work, CHAMBER shall furnish to CITY a certificate of ins urance as proof that it has taken out full worker's compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California.

In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CHAMBER prior to commencing work, shall sign and file with CITY a certification as follows:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 385 of 1168 5 commencing the performance of the work of this Agreement."

(b) General Liability and Property Damage: Throughout the term of this Agreement, at CHAMBER'S sole cost and expense, CHAMBER shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CHAMBER, comprehensive, broad form, general liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CHAMBER'S activities, providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage.

(c) Professional Liability Insurance Requirements: The CHAMBER shall have profes sional liability insurance (errors and omissions) for a minimum amount of Two Million Dollars ($2,000,000.00).

(d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California.

Except for workers' compensation and professional liability, the policies required shall name as additional insured CITY, its elected officials, officers, employees, attorneys, volunteers and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against C ITY and CITY'S elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail.

CHAMBER shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CHAMBER may effect for its own account insurance not required under this Agreement.

7. Indemnification: The CHAMBER shall indemnify, hold harmless and defend CITY and its officers, council members, officials, employees, agents and volunteers from any claim, liability or financial loss (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CHAMBER and its officers, employees and agents in the performance of this Agreement. With respect to above defined claims and at the request of CITY, CHAMBER shall defend CITY, with counsel of CITY's choice, with CHAMBER'S approval, at CHAMBER's own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against CITY. CHAMBER shall reimburse CITY for any and all legal expenses, within reason, and costs actually incurred by each of them in

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 386 of 1168 6 connection therewith or in enforcing the indemnity herein provided. CITY will notify CHAMBER within 48 hours if a claim should arise. All duties of CHAMBER under this Section shall survive termination of this Agreement.

8. Independent Contractor: The Parties hereto agree that CHAMBER and its employees, agents, volunteers and contractors providing Services per this Agreement are independent contractors, and shall not be const rued for any purpose to be employees of CITY. Notwithstanding, to the maximum extent allowed by law, in providing Services hereunder, CHAMBER shall be covered by statutory immunities as provided by the Tort Claims Act.

9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.

10. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matters herein. Each Party to this Agreement acknowledges that no representation, statement, agreement or promise by either Party that is not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all Parties.

11. Attorneys’ Fees: The prevailing Party in any litigation to interpret or enforce this Agreement shall be entitled to recover attorneys' fees and costs in any amount to be determined by the court.

12. Equal Employment Opportunity: In connection with its performance under this Agreement, CHAMBER shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry or national origin. CHAMBER shall ensure that applica nts are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry or national origin. Such actions 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.

13. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CHAMBER without the prior written consent of CITY.

14. Drafting of this Agreement: No provision of this Agreement shall be interpreted for or against any Party because that Party's legal counsel drafted such provision.

This Agreement shall be construed as if jointly prepared by both Parties.

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 387 of 1168 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year set forth below:

INDIO CHAMBER OF COMMERCE AND THE GREATER COACHELLA VALLEY

CHAMBER OF COMMERCE

Emily Falappino, CEO Date
Indio Chamber of Commerce

Erick Becerril, Chairman of the Board 2022-2023 Date
Indio Chamber of Commerce

Jeff Levine, Chairman of the Board 2022-2023 Date
Greater Coachella Valley Chamber of Commerce

CITY OF INDIO

Bryan H. Montgomery, City Manager Date

ATTEST:

Cynthia Hernandez, City Clerk Date

APPROVED AS TO FORM:

Roxanne Diaz, City Attorney Date
City of Indio

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 388 of 1168 1 Exhibit A
Scope of Services
Indio Chamber of Commerce and Greater Coachella Valley Chamber of Commerce

1. SPECIAL EVENTS

OBJECTIVES
The Chamber will produce large and small community -based events for the sake of convening residents and tourists within the City of Indio for the purpose of economic, community, and/or tourism development. The City of Indio and the Chamber may share responsibility for AV and staging costs. The City of Indio agrees to sponsor such events. Revenues generated from such events are to be kept by the Chamber as fundraising proceeds.

SPONSORSHIPS
The City of Indio will sponsor the following community events: Southwest Arts Festival, Annual State of the City Address, Taste of Indio, and the Annual State BBQ Competition. Sponsorships provide an opportunity to support the events that attract tourists and community members to convene in festivity and economic development. Sponsorship supports activity within the City, creates attraction, and supports quality of life and business initiatives.

Southwest Arts Festival of Indio Deliverables:
• The event will be designed to elevate the perception of the event experience by participating artists and visitors.
• The Chamber will host the 36th annual Southwest Arts Festival of Indio in January 2023. • The Chamber will provide up to 20 tickets to the City of Indio, as well as exclusive access to VIP receptions and events with artists.
• The Chamber will develop a marketing plan and timeline to provide to the City two months prior to event including:
o The Chamber will coordinate at least one media advisory announcing the event. o The Chamber will market Southwest Arts Festival through community social media pages, e-blasts, and other marketing means. o The Chamber will determine an advertising budget to promote the event and determine which media outlets will be used to deliver the messaging. o The City will approve the marketing plan, timeline, assets and budget prior to implementation.

Taste of Indio Deliverables:
• The Chamber will host the annual Taste of Indio Event in spring 2023. • The Chamber will develop a marketing plan and timeline to provide to the City two months prior to event with the goal of boosting event attendance by 15% over the most recent Taste of Indio event.
o The Chamber will coordinate at least one media advisory announcing the event.

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 389 of 1168 2 o The Chamber will market Taste of Indio through community social media pages, e-blasts, and other marketing means.
o The Chamber will determine an advertising budget to promote the event and determine which media outlets will be used to deliver the messaging. o The City will approve the marketing plan, timeline, assets and budget prior to implementation.
• The Chamber will introduce event enhancements with the goal of increasing the number of food vendors participating by 10% over the most recent Taste of Indio event.

Indio BBQ Festival Deliverables:
• The Chamber will host the Annual BBQ Festival of Indio inviting barbeque pit masters from across the US to Indio for a spectacular one-day event in November 2022.
• The Chamber will develop a marketing plan and timeline to provide to the City two months prior to event with the goal of boosting event attendance by 15% over last year. o The Chamber will coordinate at least one media advisory announcing the event. o The Chamber will market Taste of Indio through community social media pages, e-blasts, and other marketing means.
o The Chamber will determine an advertising budget to promote the event and determine which media outlets will be used to deliver the messaging. o The City will approve the marketing plan, timeline, assets and budget prior to implementation.
• The Chamber will introduce event enhancements with the goal of increasing the number of food vendors participating by 10% and businesses exhibiting a booth by 5% over last year.
• The City will be provided an exhibition booth at the event at no cost.

Annual State of the City Address Deliverables:
• The Chamber will coordinate an Annual State of the City event in coordination with City staff.
• The Chamber will host and market a professional business event marketing the local business community, as well as the greater business community. • The Chamber will develop a marketing plan and timeline to provide to the City two months prior to event with the goal of boosting event attendance by 10% over last year. o The Chamber will coordinate at least one media advisory announcing the event. o The Chamber will aggressively market the State of the City through community social media pages, e-blasts, and other marketing means. o The Chamber will determine an advertising budget to promote the event and determine which media outlets will be used to deliver the messaging. o The City will approve the marketing plan, timeline, assets and budget prior to implementation.
• The Chamber will act as the primary event planner, coordinator, and will manage registration.
• The Chamber will provide a list of the all attendees to the City following the event. • The event will include a small business expo of at least 15 businesses.

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 390 of 1168 3 UPDATES OVER PREVIOUS YEAR

• Dedicated Event Specialist for coordination & contact • Pre-arranged check in meetings 6 months, 3 months, 2 months, and 1 month from the event • Enhancement/Upgrade Options
• Rate adjustments due to inflation

MILESTONES

The City of Indio is responsible for meeting the following milestones. Failure to meet these milestone deadlines may affect sales, marketing, and overall event outcomes. The Chamber will pre-plan milestone meetings with the City of Indio 6 months, 3 months, 2 months, and 1 month from the event to help ensure milestones are met.

Milestones Objective
4-6 months prior to event Identifying the Event Design Scheme or Theme (e.g. - colors, themes)

4-6 months prior to event
Determining the format of the event (e.g. - moderated panel, keynote speaker, etc.)
4-6 months prior to event Determining a loose framework for the events actual timeline 3 months prior to event Selecting a venue from what the Chamber has proposed 13-14 weeks prior to
event

Proof Period for Marketing Materials and Graphic Design Elements

RATES

Base Package | $15,000:

• Event Planning, Coordination, & Day of Event Production • Vendor coordination & management
• Graphic Design & Invitation Design (does not include printed invitations) • Standard marketing efforts through Chamber network
• Invitation & Registration Management
• Breakfast or Luncheon event
• Business Awards
• Basic Stage Design (podium, microphone, flag display, & foliage) • Enhanced AV

The base package does not include printed invitations. Standard marketing efforts through the Chambers network is limited to e -blasts, calendar invitations, web listings, and social media sharing. The base package accounts for a morning or midday event featuring a breakfast or lunch component. It does not include dinner events or upgraded menus above market price banquet menus. Stage design is limited to a podium, microphone, flag display, and foliage. The base package may be further customized with additions or upgrades to the City’s liking.

Upgrades, additions or enhancements beyond the base package are not included in the costs of the base package. Upgrades, additions, and/or enhancements will result in additional charges as accrued. Such upgrades, additions and/or enhancements may include (but are not limited to): AV enhancement, outdoor accommodations, upgraded dining, and paid advertising.

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 391 of 1168 4 Additional Deliverables:
• The Chamber will attend City Council meetings at least once a quarter to provide City Council with updates on special events and projects.
• The Chamber will provide monthly status reports on all special events and projects.

SPECIAL EVENT SPONSORSHIP RATES
• $20,000 Southwest Arts Festival
• $40,000 Annual State BBQ Festival of Indio
• $15,000 Annual State of the City Event
• $7,500 Taste of Indio

Special Events Subtotal $82,500

2. SHOP LOCAL INITIATIVE

OBJECTIVES
Create a well-branded “Shop Local” campaign that provides education and resources for Indio residents, as well as local businesses; includes strategic, paid advertising plans; and creates an opportunity for seasonal or annual campaigns. This would be a first -time endeavor into truly generating Indio specific content for shop local campaigning.

Deliverables:
• The Chamber will develop a marketing plan and timeline including paid advertising opportunities valued at $8,500 via radio, digital, and print for the City’s review and approval.
• Development of an Indio specific hashtag, digital "Shop Local: resource guide, and digital toolkit for businesses.
• Curated social media designed to promote “Shop Local” suggestions throughout Indio. • “Shop Local” holiday gift guide and “Shop Local” social media features. • Social media frames and assets for easy use and adoption by the City and Chamber.

The City will approve all designs prior to use.
• The Chamber will provide monthly reporting on how the “Shop Local” campaign is performing.
• Develop and distribute survey to Indio business community following “Shop Local” campaign evaluating traffic, engagement and overall success of campaign. The survey is to be completed within one month of the “Shop Local” campaign’s completion.

Shop Local Subtotal $10,000

3. LOCAL BUSINESS SUPPORT AND REGIONAL INITATIVES
KPI’s:
• Coordinate business ribbon cuttings commemorating business grand openings and re- openings for member businesses. GCVCC to facilitate on site ribbon cuttings for City- specific milestone events as requested and given GCVCC staff availability, and city events, as requested,

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 392 of 1168 5 • Conduct (6) annual business walks to connect with the local business community and report results to the city council as a part of the quarterly updates. • Monitor legislative and economic development initiatives that directly affect our local business community. Provide advocacy and support as needed. Also, engage and inform the city as appropriate to provide letters of support. • Host six (6) annual business talks on topics that will provide value to local businesses and entrepreneurs. Possible topics could be RIVCO Workforce & Employment and Small Business Development Center (SBDC) benefits to small business, changes in tax law, etc.

Local Business Support and Regional Initiatives Subtotal $50,000

Total Cost of Contract $142,500

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AGENDA ITEM #8.18
Contract for Service Agreement between the City of Indio and the Indio C... Page 393 of 1168 City of Indio
City Council
June 15, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: Reconsideration of the circumstances of the COVID -19 state of emergency and determine that the legislative bodies of the City of Indio will continue to hold meetings via teleconferencing pursuant to the findings set forth in Government Code Section 54953(e)(3).

RECOMMENDATION:

The City Council has (i) reconsidered the circumsta nces of the COVID -19 state of emergency; and (2) finds that the state of emergency continues to directly impact the ability of the members of the City’s legislative bodies to meet safety in person and Cal OSHA continues to recommend measures to promote social distancing.

SUMMARY:

To continue to have the ability to meet remotely pursuant Government Code Section 54953(e) (AB 361), the City Council must make certain finings no later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. The City Council reconsiders the findings it previously made and then makes a determination of whether the State’s COVID -19 declared state of emergency continues to impact the ability of all of the members of the City’s legislative bodies from meeting sa fely in person and as a result of the state of emergency, meeting in person presents imminent risks to the health and safety of attendees. Accordingly, the City Council has previously held that the City's legislative bodies may continue to use virtual tele conferenced meetings in compliance with Government Code Section 54953(e).

BACKGROUND INFORMATION:

The City Council and its legislative bodies have met remotely throughout the pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City’s legislative bodies to continue to hold meetings pursuant to AB 361. The state of emergency is still in effect and the City Council has previously reconsidered the findings and determined that the state of emergency continues to directly impact the ability of members of the City's legislative bodies to meet safely in person.

Since the beginning of the year, there have been several variants including the Delta variant, the Omicron variant (which was prevalent in the beginning of the year), and the subvariant BA2, which is sometimes referred to as the "stealth omicron" and is a subvariant of Omicron. With the start of summer, the number of coronavirus cases have significantly increased with the Los Angeles Times reporting towards the end of May that the cases have significantly worsened hitting a level not seen since the winter's Omicron surge and there are concens regarding the possibility of a big jump in AGENDA ITEM #8.19
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 394 of 1168 infections this coming summer. The CDC earlier this month placed 13 California counties in the high COVID-19 community level and it was the first time since mid-March that any county in the State was in that level. Some counties are again moving towards inside mask mandates.

In terms of the number of COVID-19 cases in the County, there was a significant increase in cases in May. While the case load has slowed in June, the Coachella Valley cities have still added 578 new COVID-19 cases this past week. Of the new cases this week, 123 of those cases are in the City o f Indio. This number is a decrease from the week prior (May 25 -June1) wherein 717 cases were reported. However, to place these numbers in perspective, in our last agenda report, we reported that for the week of April 26, 2022, there were 233 new cases cases in the Coachella Valley.

Cal OSHA Emergency Temporary Standards continue to recognize the importance of social distancing and states that the fact that particles containing the virus can travel more than six feet, especially indoors, training and i nstruction should be given to employees in that regard as well as inform that physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID-19 and are most effective when used in combination.

Based on the information above and the trajectory of new cases in the County, it remains prudent that we monitor and continue the flexibility of a hybrid format will allow the continuation of the City’s business so that Council or Commission meetings wo uld not have to be cancelled should members have health concerns or are sick and would provide the flexibility to each member of a legislative body to determine for themselves based on their own health matters whether attending a meeting will be risk to their health and safety or to those attending the meeting.

Even if the City Council continues to make the findings as required, the City Council and each of the City’s commissions can continue to meet in person and the chambers can continue to stay open. This determination does not require that meetings only be held remotely. This determination, however, would allow the City to make adjustments if needed (temporarily closing the chambers to the public) should COVID-19 cases rise or new variants threaten t he health and safety of the public including staff and members of the City’s legislative bodies.

In conclusion, by reconsidering the circumstances of the state of emergency created by the COVID19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet safely in person, the public meetings of the City of Indio can continue to be conducted by Zoom for the next 30 days.

APPROVAL(S):

Roxanne Diaz, City Attorney Approved - 09 Jun 2022

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AGENDA ITEM #8.19
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 395 of 1168 City of Indio
City Council
June 15, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Resolution No. 2022 -78, adopting the Fiscal Year 2022 -2023 Operating and Capital Improvement Budget and Program and Supplemental Water Supply Program

RECOMMENDATION:

That the City Co uncil/IWA Board 1) conduct a public hearing to approve the FY 2022 -23 Capital Improvement and Supplemental Water Supply Programs (“CIP”) by Joint Resolution No. 10292 and adopt IWA’s Recommended Operating and Capital Improvement Budget for FY 2022 -23 by Resolution No. 2022-78.

SUMMARY:

At the May 4, 2022 budget study session, IWA staff presented the recommended budget for FY 2022-

23. Similarly, IWA staff presented the CIP to the Planning Commission on May 11, 2022. The Planning Commission adopted Resolution 2022 with findings that the CIP is consistent with the City’s General Plan. The recommended budget includes operating expenditures, refurbishment and replacement items, and capital projects for City Council/IWA Board review and consideration. The FY 2022 -23 budget reflects the wide ran ge of programs necessary to accomplish IWA’s operating goals for FY 2022-23. Highlights of the Recommended Budget include: no proposed increase to utility water rates; total operating expenditures of $25,606,195, a 2.0 percent increase from the prior fiscal year Adopted Budget; total operating revenue of $24,488,177 a 2.1 percent increase from the prior fiscal year Adopted Budget; unallocated fund balance of $1,118,018 will be used as a one -time funding source to balance the operating revenue budget with the operating expenditure budget; total proposed capital expenditures of $3,205,000 make up the capital improvement budget; and the total recommended expenditure budget across all funds is $28,811,195.

BACKGROUND INFORMATION:

The COVID-19 pandemic has stabilized to a more manageable level. The Governor ended the water shut-off moratorium on December 31, 2021. IWA offered three different customer assistance programs to help customers impacted by COVID -19 pay their water bills. In addition, the California State Water Board introduced a program to help water utility agencies clear unpaid balances from their books during the shut -off moratorium period. The IWA took advantage of this program and qualified for $206,744 in debt relief that helped clear the unp aid balances of 611 residential and commercial customers.

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 396 of 1168 It is evident that the State of California is quickly slipping back into a drought. The Governor issued an emergency drought declaration for the entire state and called all Californians to increas e conservation efforts. In response to the Governor’s Executive Order N-7-22, the City Council adopted Resolution No. 10284 declaring Stage II of the Water Shortage Contingency Plan at the June 1, 2022 meeting. The Water Shortage Contingency Plan was previously adopted by the City Council on June 16, 2021 as part of the 2020 Coachella Valley Regional Urban Water Management Plan, which outlines Stages I-VI to address water shortage conditions. Each advancing stage includes increased restrictions and penalties for excessive water use. IWA continues to monitor the drought issue closely and identify ways to encourage more water conservation by educating the public.

Another area of concern for IWA is Hexavalent Chromium 6 well treatment. On July 1, 2014, California adopted the first drinking water standard in the nation and set the MCL limit at 10 parts per billion (ppb). On September 11, 2017, the MCL allowance in California was repealed by the courts due to infrastructure cost. In April 2022, the California MCL limit was re-established by the State at the same 10 MCL limit as 2014. This limit will require a sizable amount of infrastructure investment to meet the requirements of the MCL in a short two year compliance window. This budget addresses the preliminary planning phase of meeting the required MCL limit.

Operating Revenues:

The Operating Revenue Budget for FY2022-23 is recommended at $24.5 million. There are no water rate increases included in this budget. Water utility account growth is projected to be about 2 percent overall. The growth will come from new water accounts. The water replenishment fee that is collect by the IWA and passed-through to the Coachella Valley Water District (CVWD) is projected to increase by 10 percent pending CVWD board approval. Water meter and service fees is projected to increase by about 5 percent. Grant funding is decreasing by 41 percent from the prior year. Grant funding for this budget will be mostly conservation focused and for smaller amounts. The reve nue budget is balanced with the expenditure budget by using $1.1 million of unallocated fund balance. Total budgeted funding sources for the FY2022-23 budget totals $25.6 and balances with the recommended expenditure budget.

Operating Expenditures:

The Operating Expenditure Budget for FY2022-23 is recommended at $25.6 million. IWA continually attempts to minimize increases in Operating Expenditures by taking actions such as reviewing operations to gain efficiency, maximizing outside funding opportunities , and reviewing all vacant positions before they are filled. On the operating expenditure side, staff is recommending an overall increase of 2.0 percent from the current fiscal year budget. Three (3) categories of operating expenditures account for 70 percent of the budget, namely: Services and Charges (29 percent), Salary and Benefits (25 percent), and Debt Service (16 percent). Most of the cost items are either fixed or recurring in nature.

Included in the Services and Charges category are electricity (one of the single biggest cost to produce and distribute water), regulatory compliance, repairs and maintenance, and contractual services ranging from bill printing and mailing to legal services, conservation and communication, engineering and environmental consulting, and operational technologies just to mention a few. The recommended budget includes a 7 percent increase in Services and Charges and a 6 percent increase in Salary and Benefits. The Internal Service Fund Charges (ISF) paid by IWA to the City of Indio is budgeted at $2,169,708 or 8 percent of the budget, this is an increase of 22 percent from the prior year budget.

The increase in ISF charges is mostly due to the addition of a new shared city position that will be responsible for repairing and maintaining generators at IWA facilities.

Page 2 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 397 of 1168 Debt service is fixed; the FY 2022 -23 debt service payments for the 2015 bond issue will total $4,164,114. On June 2, 2015, IWA issued $60,215,000 of Water Revenue Bonds; bond issue refunded the outstanding bo nds from the 2006 bond issue. In addition to refunding the 2006 bond issue, the 2015 bond issue generated approximately $4.8 million in new proceeds to fund necessary project improvements to treat Hexavalent Chromium within the required maximum containment level.

The bonds are paid from IWA net revenues and from certain funds held under the indenture. On May 11, 2018, IWA’s credit rating of “A/Stable” was upgraded to “A+/Stable by Standard and Poor's for the 2015 bond issue. The upgraded rating reflected IW A’s financial strength during the last three fiscal years, which could translate into lower annual interest payments for new bond offerings. The recommended budget does not include new debt issuance in FY 2022-23.

Capital Expenditures:

IWA produces and distributes water to approximately 25,122 water services, or approximately 91,621 customers, within its service area. The average daily consumption is approximately 16 million gallons per day (mgd) with daily maximum exceeding 21 million mgd in the summer. In order to do this, IWA has over $313 million in existing plant, facilities and equipment including water mains, wells, plants and reservoirs, pumps, hydrants, valves, vehicles, machines and tools, and meters just t o mention a few. These assets annually depreciate and require replacement and refurbishment to maintain their capabilities. The Recommended Budget includes sufficient funds to meet these replacement and refurbishment needs. Expenditures can vary significan tly each year depending upon which assets have reached the end of their useful life and need to be replaced and/or which assets can have their useful lives extended by refurbishing them in FY 2022-23.

Capital Improvement Program:

IWA prepares a multi-year Capital Improvement Program (CIP) to support water system growth and changing State water standards. The CIP budget spans five years and provides expected capital expenditures based on projections from the Long-Range Financial Plan, and the Water Master Plan.

The CIP budget is comprised of 14 projects, totaling $3,205,000 in FY 2022 -23. Twelve projects are funded with operating revenue (Fund 812 – Water Capital Program Fund) and include improvement projects for production plants, wells and pipelines, and technology platforms. On the other hand, the Supplemental Water Supply Fund (SWSF) is budgeted to provide counterpart funding for the EVRA Ground-Water Model at the Valley Sanitary District in the amount of $315,000; this funding source is restricted to the development of new water supplies. The Water Development Impact Fees Account is budgeted at $280,000 to provide funding for new IWA Well Drilling and equipping; this funding source is restricted to water facilities associated with new developments. Staf f recommends the approval of a Joint Resolution No. 10292 to adopt IWA’s FY 2022 -2023 Capital Improvement and Supplemental Water Supply Programs in accordance with Government Code Section 66002.

Reserves:

IWA currently maintains two (2) designated reserves with varied funding levels as established by the Reserve Policy approved by the City Council/IWA Board on September 19, 2020. The reserves ensure that IWA has sufficient funds for cash flow purposes, flexibility to adapt to change, ensure continued operational solvency, and preserve adequate levels of service in the event of an emergency.

Conclusion:

The Recommended FY 2022 -23 Budget represents an expenditure plan that is fiscally sound and incorporates information from the Long -Range Financial Plan and the Water Master Plan. As part of IWA’s commitment to provide our customers with a reliable, high -quality water supply at the lowest reasonable cost, the following areas will continue to be emphasized:

• Minimizing administrative and overhead type costs;

Page 3 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 398 of 1168 • Acquisition of external resources such as grants to offset some of the service costs; • Proactive customer engagement on the water supply and reliability, water quality, rates and fees, conservation, and customer assistance;
• Maintain the financial health and integrity by maintaining adequate reserves and high credit ratings

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$28,811,195 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: Fund 810, 812, 321, and 310 Fund-Org-Object Reference:

Various

Additional Financial Details:

The total appropriations and expenditures authorized by Resolution 2022 -78 is $28,811,195. The Recommended Budget was developed using information from the Long-Range Financial Plan and the Water Master Plan. This will ensure that IWA can continue to provide the highest level of service to the City of Indio. Staff is confident that the revenue estimates will be achieved and expenditures will be managed effectively to realize a balanced budget.

ATTACHMENTS:

Attachment 1 - Resolution No. 10292 - Joint Resolution approving the FY22-23 CIP Attachment 2 - Resolution No. 2022-78 - IWA Resolution approving FY22-23 Budget Attachment 3 - FY2022-23 IWA Recommended Budget
Attachment 4 - Notice of Public Hearing

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 06 Jun 2022 Lolly Enriquez, Assistant City Attorney Approved - 07 Jun 2022 Brian Kinder, Finance Manager Approved - 07 Jun 2022
Bryan H. Montgomery, City Manager Approved - 07 Jun 2022

Page 4 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 399 of 1168 RESOLUTION NO. 10292

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO AND THE

INDIO WATER AUTHORITY APPROVING THE INDIO WATER AUTHORITY

CAPITAL IMPROVEMENT AND SUPPLEMENTAL WATER SUPPLY PROGRAMS FOR FISCAL YEAR 2022-2023
Whereas, the City of Indio (“City”) has leased to the Indio Water Authority (“Authority”) the City’s Water System (“Water System”) as that term is defined in the lease dated May 21, 2001 as amended between the City and the Authority; Whereas, the Authority operates the Water System and in conjunction therewith, has adopted a budget for the improvement and construction of water facilities; Whereas, on May 11, 2022, the Planning Commission determined that the Fiscal Year 2022-2023 Capital Improvement and Supplemental Water Supply Programs projects are consistent with the City’s General Plan; and Whereas, the City Council and the Authority held a duly noticed public hearing on June 15, 2022 regarding the annual review of the Authority’s Capital Improvement and Supplemental Water Supply Programs as described herein;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO AND THE

BOARD OF THE INDIO WATER AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. The City Council and the Authority find that it can be seen with certainty that there is no possibility that the adoption of this Capital Improvement Program will have a significant effect on the environment. The Capital Improvement Program is a prioritizing and funding allocation program and cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required environmental review is conducted at the time the physical improvements prioritized in the Capital Improvement Plan are undertaken at a future unspecified date. Accordingly, the adoption of this Capital Improvement Program is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.

Section 3. The FY 2022-2023 Indio Water Authority Capital Improvement and Supplemental Water Supply Programs, as set forth in Exhibit A, is hereby approved and adopted.

Page 5 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 400 of 1168 Section 4. By adoption of the Fiscal Year 2022-2023 Indio Water Authority Capital Improvement and Supplemental Water Supply Programs, it is the intent of the City Council and the Authority to revise the plan each year by continuing to identify capital improvement projects and by re-prioritizing existing capital improvements as needed to serve the community.

Section 5. The City Clerk and the Authority Secretary shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 15 th day of June, 2022, by the following vote:

CITY COUNCIL & INDIO WATER AUTHORITY
AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Waymond Fermon
Mayor/President
ATTEST:
_________________________
Cynthia Hernandez, CMC
City Clerk/Secretary
APPROVED AS TO FORM:
____________________________
Roxanne Diaz
City Attorney/IWA General Counsel

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 401 of 1168 RESOLUTION NO. 2022-78

A RESOLUTION OF THE INDIO WATER AUTHORITY ADOPTING THE FISCAL YEAR 2022-2023 OPERATING AND CAPITAL IMPROVEMENT BUDGET AND

AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO WHEREAS, at the May 4, 2022 meeting of the Indio Water Authority and the Indio City Council, a study session was held to consider a proposed fiscal year operating and capital improvement budget for fiscal year 2022-23, which begins July 1, 2022 and ends June 30, 2023; and
WHEREAS, the proposed fiscal year 2022-23 Operating and Capital Improvement Budget provides for service levels necessary to respond to the high standards of the community which are deemed appropriate by the Board and concurrently provides a workforce to accomplish them;

NOW, THEREFORE, THE BOARD OF THE INDIO WATER AUTHORITY DO HEREBY RESOLVE AS FOLLOWS:

Section 1. The proposed 2022-23 budget, as detailed in the budget document entitled “Operating and Capital Improvement Budget Fiscal Year 2022-23 Indio Water Authority, California,” and filed with the Secretary, and as summarized below is hereby adopted:

Year Ending June 30 Authorized Expenditures
FY 2022-23 $28,811,195
Section 2. Appropriations in the amount not to exceed $28,811,195 are authorized for the purpose of carrying on the business of the Indio Water Authority.

Section 3. The Board recognizes that the adopted fiscal year 2022-23 budget will require adjustments from time to time, and accordingly, the General Manager or his designee is authorized to redistribute allocated budgeted amounts within or between divisions. The General Manager or his designee is authorized to transfer up to $75,000 of any unallocated fund balance to or between divisions. Any transfer above this amount must be approved by the Council/Board.

Section 4. The Secretary shall attest and certify to the passage and adoption thereof.

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 402 of 1168 PASSED, APPROVED AND ADOPTED this 15th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Waymond Fermon
President
ATTEST:
________________________________
Cynthia Hernandez, CMC
Secretary
APPROVED AS TO FORM:
________________________________
Roxanne Diaz, General Counsel

Page 8 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 403 of 1168 Recommended Operating &
Capital Improvement Budget
FISCAL YEAR 2022/hyphen.case2023

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 404 of 1168 Indio Water Authority
83-101 Avenue 45
Indio, CA 92201
(760) 391-4038
www.indiowater.org
Recommended
Operating and
Capital Improvement
Budget
FY 2022-23
Conservation
Professional
Polite
Progressive

Page 10 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 405 of 1168 Indio Water Authority Board of Directors
Oscar Ortiz
Vice President
Lupe Ramos-Amith
Commissioner
Elaine Holmes
Commissioner
Glenn Miller
Commissioner
Waymond Fermon
President
Bryan H. Montgomery, Executive Director/City Manager
Reymundo Trejo, IWA General Manager
Cynthia
Hernandez, Board Secretary/City
Clerk
IWA Divisions and Managers
•
Engineering .............................................................................Reymundo Trejo • Finance & Customer Service .................................................... Brian M. Kinder •Water Operations ................................................................... .......Miguel Peña •
Administrative, Planning & Conservation ......................................Michelle Tse

Page 11 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 406 of 1168 FY 2022-23 | Recommended

BUDGET AT A GLANCE
Revenue Assumptions:
a. No water rate increases; New account growth 2%.
b. Backflow charges increasing by 14%
c. Fire Protection charges increasing 12%
d. Replenishment Assessment increasing 10%.
e. Grant Funding decreasing 45%
Water Utility Payments $20,816,656 81%
Reimbursements/Other $159,321 <1%
Replenishment/Assessment $1,582,800 6%
Meters and Service Fees $1,384,400 5.4%
Interest Earnings $500,000 2%
Transfer-In/Unallocated FB $1,163,018
Total $25,606,195 100%
Expense Assumptions:
a. Salary and Benefit Expense increasing 6%
b. Internal Service Charges Increasing 22%.
c. Fixed Asset Expense increasing 111%.
d. Services and Supplies increasing by 19%.

Salary & Benefits
$7,380,601
25%
Services and Charges
$995,250
29%
Supplies
$1,357,321
4%
Fixed Assets
$2,169,708
5%
Internal Service Charges
$4,164,114
9%
Debt Service
$500,000
16%
Transfer-Out $2,610,000
2%
Total $25,606,195 100%
FY 20-21
Actual
FY 21-22
Budget
FY 22-23
Recommended
Revenues $25,255,490 $23,994,186 $24,488,177
Unallocated Fund Bal. - $1,117,855
Budget Surplus $ 5,320,110
Capital Improvement Budget
Fund 321 - Supplemental Water Supply Fee
Account $315,000
- EVRA Recycled Water Project $200,000
- Supplemental Water Supply Fee Study $100,000
- Project Administration $15,000
Fund 310 - Capital Impact Fee
Account $280,000
- New IWA Well Drilling and Equipping $250,000
- Project Administration $30,000
5%
Fund 812-Water Capital Program
Account $2,610,000
- Plant 4 BPS Upgrade $200,000
- Plant 2 BPS Replacement $450,000
- Westward Ho Dr. Stormwater Channel $100,000
- Terra Lago PRV Upgrade $50,000
- Hexavalent Chromium Well Treatment $400,000
- Plant 1 Interior Aluminum Stairway $100,000
- Bridge Seismic Connections $200,000
- Bridge and Canal Pipeline Coating $50,000
- Reservoir Flush Cleanout/Manway $10,000
- Cross Connection Program $50,000
- Pipeline Replacement Program $850,000
- Hydrant Replacement Program $150,000
FY 22-23 Proposed Funding by Source
Expenditures ($19,935,380) ($25,606,195)($25,112,041)
- -
FY 22-23 Proposed Expenditures by Source
$1,118,018
Equipment
$6,429,201
10%

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 407 of 1168

T ABLE OF CONTENTS
Page
INTRODUCTION:

Executive Director’s Budget Message………………………………………………. 1 Budget Resolution…………………….……………………………...……………….. 3
BUDGET OVERVIEW:

Summary of Authorized Positions…………………………………………………... 5 IWA Organizational Chart ....................................................................... 7 Recommended Budget Overview
Profile of the Indio Water Authority ......................................................... 8 IWA Service Area .................................................................................... 19 FINANCIAL SUMMARIES:

Fund Balance Summary (Schedule 1)….……… …………………...……..……... 20 Operating Funds Summary of Revenue by Fund (Schedule 2).......................... 21 Operating Fund Revenue over Expenditures (Schedule 3)…...…….……….….. 22 Graphs – Revenue Summary and Expense Summary………...…….……….…. 23 24Operating Fund Revenue Detail (Schedule 4)….………….................................

Summary of Expenditures and Appropriations by Fund and Department (Schedule 5)….……………………….……………………………….……..……. 25
Operating Fund Detail by Division (Schedule 6)
Board of Directors .................................................................................. 26 Administration, Planning & Conservation............................................... 29 Operations- Production .......................................................................... 33 Operations- Transmissions/Distribution ................................................. 37 Finance & Customer Service ................................................................. 40 Information Technology ......................................................................... 43 Engineering ............................... ............................................................ 46 Debt Service Fund Detail (Schedule 7) …………………………………………… 49

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 408 of 1168 EQUIPMENT REPLACEMENT:

Equipment Replacement Fund Detail (Schedule 8)………..……………………... 51 CAPITAL IMPROVEMENTS:

Supplemental Water Supply Fund (Schedule 9)…..….…………….…………….... 52 Supplemental Water Capital Improvement Program (Fund 321)….……………... 53 61
Capital Impact Fund (Schedule 9)……………………..….…………...................... 62 Summary of Reserve Funds…………………………….……………….…………... 67 APPENDIX:

List of Acronyms ……………………………..……………………………………...... 69
Glossary……………………………………….………………………………………... 70
Capital Impact Fund Capital Improvement Program (Fund 310)..........................

RESERVE FUNDS:
64 Water Capital Program (Schedule 9)…..….…………….…………….....................

Water Capital Improvement Program (Fund 812)……………............................... 65

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 409 of 1168 Indio Water Authority
Fiscal Year 2022-2023 Budget

INTRODUCTION

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 410 of 1168 1

Page 16 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 411 of 1168 2

Page 17 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 412 of 1168 RESOLUTION NO. 2022-78

A RESOLUTION OF THE INDIO WATER AUTHORITY ADOPTING THE FISCAL YEAR 2022-2023 OPERATING AND CAPITAL IMPROVEMENT BUDGET AND

NOW, THEREFORE, THE BOARD OF THE INDIO WATER AUTHORITY DO HEREBY RESOLVE AS FOLLOWS:

Section 4. The Secretary shall attest and certify to the passage and adoption thereof.
3

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 413 of 1168 PASSED, APPROVED AND ADOPTED this 15th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Page 19 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 414 of 1168 Indio Water Authority
Fiscal Year 2022-2023 Budget

AUTHORIZED POSITIONS

Page 20 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 415 of 1168 FY 21/22
Adopted
FY 21/22
Changes
FY 22/23
Recommended
Department : Board Members
Elected *
WATER BOARD MEMBER 5.00 0.00 5.00
Department : 6711 - Administration
Full-Time
CITY MANAGER 0.25 0.10 0.35
CITY CLERK ADMINISTRATOR 0.25 0.00 0.25
MANAGEMENT AIDE 0.25 0.00 0.25
CITY FINANCE DEPARTMENT 0.55 0.10 0.65
EXECUTIVE ASSISTANT TO THE CITY MANAGER 0.25 0.10 0.35 CITY HUMAN RESOURCES DEPARTMENT 0.80 0.00 0.80
GENERAL MANAGER 1.00 0.00 1.00
ADMINISTRATIVE SERVICES MANAGER 1.00 0.00 1.00
WATER SENIOR MANAGEMENT ANALYST 0.00 1.00 1.00
WATER ADMINISTRATIVE COORDINATOR 1.00 0.00 1.00
ASSET MANAGEMENT COORDINATOR 1.00 -1.00 0.00
WATER COMMUNICATIONS OUTREACH COORDINATOR 1.00 -1.00 0.00 ACCOUNTING TECH I 1.00 -1.00 0.00
ACCOUNTING TECH II 0.00 1.00 1.00
CUSTOMER SERVICE TECH I 1.00 -1.00 0.00
CUSTOMER SERVICE TECH II 3.00 -3.00 0.00
WATER OFFICE ASSISTANT 2.00 -2.00 0.00
Total 14.35 -6.70 7.65
Department : 6712 - Production
Full-Time
WATER OPERATIONS MANAGER 0.50 0.00 0.50
ASSET MANAGEMENT COORDINATOR 0.00 0.50 0.50
IWA SENIOR WATER TREATMENT PLANT OPERATOR 1.00 0.00 1.00 IWA WATER TREATMENT PLANT OPERATOR II 3.00 0.00 3.00
WATER PROGRAMS SPECIALIST 0.50 0.00 0.50
OFFICE ASSISTANT 0.00 0.50 0.50
OFFICE ASSISTANT 0.00 0.50 0.50
Total 5.00 1.50 6.50
Indio Water Authority FY 2022-23
Recommended Budget
Summary of Authorized Positions
Budgeted Department and Title
5

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 416 of 1168 FY 21/22
Adopted
FY 21/22
Changes
FY 22/23
RecommendedBudgeted Department and Title
Department : 6713 - Distribution
Full-Time
WATER OPERATIONS MANAGER 0.50 0.00 0.50
ASSET MANAGEMENT COORDINATOR 0.00 0.50 0.50
WATER PROGRAMS SPECIALIST 0.50 0.00 0.50
WATER OPERATIONS SUPERVISOR 1.00 0.00 1.00
SENIOR WATER UTILITY SPECIALIST 1.00 0.00 1.00
SENIOR WATER UTILITY WORKER 4.00 0.00 4.00
WATER UTILITY SPECIALIST 2.00 0.00 2.00
WATER UTILITY WORKER II 5.00 4.00 9.00
WATER UTILITY WORKER I 4.00 -4.00 0.00
OFFICE ASSISTANT 0.00 0.50 0.50
OFFICE ASSISTANT 0.00 0.50 0.50
Total 18.00 1.50 19.50
Department : 6714 - Finance
Full-Time
FINANCE MANAGER 1.00 0.00 1.00
SENIOR ACCOUNTANT 1.00 0.00 1.00
SENIOR ACCOUNTING TECH 1.00 0.00 1.00
ACCOUNTING TECH II 2.00 1.00 3.00
ACCOUNTING TECH I 1.00 -1.00 0.00
SENIOR CUSTOMER SERVICE TECH 0.00 1.00 1.00
CUSTOMER SERVICE TECH II 0.00 3.00 3.00
Total 6.0 4.0 10.0
Department : 6716 - Engineering and Water Quality
Full-Time
ASST. GENERAL MGR. OF ENG. & WATER RESOURCES 1.0 0.0 1.0 SENIOR ENGINEER 1.0 0.0 1.0
ASSOCIATE ENGINEER 1.0 0.0 1.0
WATER OPERATIONS INSPECTOR II 1.0 0.0 1.0
ENGINEERING TECHNICIAN II 1.0 1.0 2.0
ENGINEERING TECHNICIAN I 1.0 -1.0 0.0
Total 6.0 0.0 6.0
Total Authority
Elected 5.00 0.00 5.00
Full Time 47.00 0.00 47.00
Partially-Funded City Positions 2.35 0.30 2.65

54.35 0.30 54.65
* The elected positions are partially funded from the General Fund 6

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 417 of 1168 Effective July 1, 2022 – 47 full-time positions, 0 part-time positions

INDIO CITY COUNCIL/IWA BOARD OF
DIRECTORS (5)
City Manager/Executive
Director
IWA General Manager
Water Operations
Manager
Senior Utility
Worker
Meter
Services
Water Utility
Worker II
Senior Utility Worker
{Distribution}
(3)
Senior Water
Treatment
Operator
Water
Treatment
Operato
r II
(3)
Asset Management
Coordinator
Water
Programs
Specialist
Water
Oper
ations
Supervisor
Water Utility
Specialists (2)
Finance Manager
Finance
Senior
Accountant
Sr. Accounting
Technician
Accounting
Technician II (3)
Customer
Service
Customer Service
Technician II (2))
Sr. Customer
Service Tech
General
Manager/Engineering
Senior Water
Engineer
Associate
Water
Engineer
Water
Operations
Inspector II
Engineering
Water Tech II
(2)
Administrative
Services Manager
Senior Management
Analyst
IWA Data &
Systems
Manager
I.T. Support
Tech
LEGEND
Board of
Directors
Executive Staff
Management
Staff
Supervisory Staff
Lead Staff
Staff
City’s I.T.

Director
City of Indio Executive Leadership
Team & City Services (2.65 FTE)
Assistant City Manager & Finance
Director, Human Resource, City Clerk
IWA Administration: 4
Operations: 26 Fin. & Cus. Serv.: 10 Engineering: 5
Administrative
Coordinator
Accounting
Technician I
Office Assistant (2) Senior Water
Utility Specialist
Water Utility
Worker II
(8)
7

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re...Page 418 of 1168 Indio Water Authority
Fiscal Year 2022-2023 Budget

BUDGET OVERVIEW

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 419 of 1168

PROFILE OF THE INDIO WATER AUTHORITY

FORMATION AND SERVICE AREA
The City of Indio (City, or Indio), located in the Coachella Valley in Riverside County, California, began as a railroad town in 1876 as an outpost as Southern Pacific Railroad built lines between Yuma, Arizona and Los Angeles, California.

The town soon developed into an agricultural region by utilizing well water and water from the All -American Canal, and in 1930, Indio be came the first incorporated city i n the Coachella Valley. IWA was formed as a Joint Powers Authority (JPA) between the City of Indio and the Redevelopment Agency of the City of Indio (succeeded by the Housing Authority of the City of Indio) in the year 2000 to deliver water to the City of Indio. In 2013, the Eas t Valley Reclamation Authority (EVRA) was created under a joint powers agreement between the City of Indio through IWA and Valley Sanitary District (VSD) to plan, implement, and operate a recycled wa ter program. IWA is governed by the IWA Board, which includes the five members currently elected to the Indio City Council.

IWA provides water to a population of approximately 91,6211 within its current 38 square mile service area, which is located 120 miles east of Los Angeles in the Coachella Valley of Riverside County, California. IWA encompasses the majority of the community of Indio and some of the unincorporated areas of Indio Hills.

WATER SUPPLY, MANAGEMENT AND CAPACITY
IWA’s potable groundwater is pumped from deep aquifers in the Coachella Valley Whitewater Sub -basin (the “Groundwater Basin”). The City possesses non - adjudicated groundwater rights, which means that the City may use and sell water from the Groundwater Basin within its service area, but may not sell its water rights.

Other agencies also have water rights to the Groundwater Basin. Currently water from the basin is pumped to the surface using 20 wells with a capacity of 40 million gallons per day spread throug hout the City of Indio. Three of the 20 wells utilize Strong Based Anion exchange (SBA) to treat for Hexavalent Chromium (Chromium 6).

The groundwater wells pump water to above ground storage reservoirs at four production plants. Each production plant ha s a storage reservoir, booster pump station, disinfection equipment, and hydro -pneumatic tank to maintain system pressure when the pumps are turned off. The deep groundwater wells supplying these plants for storage and distribution are controlled by various instrumentations through the Supervisory Control and Data Acquisition (SCADA) system. Five deep groundwater wells supply water directly into the distribution system and are controlled by SCADA.

To ensure long -term reliability of the water basin, recharg e of the Groundwater Basin is managed by the Coachella Valley Water District (CVWD). CVWD was formed in 1918 under the County Water District Act and is currently a multi-faceted 1 Population rate from the State Department of Finance 2021 Estimates 8

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 420 of 1168 water agency. For many years, California has experienced extremely dry weather resulting in drought conditions affecting the State. In response to Governor Brown’s January 17, 2014 declaration of a drought emergency in California, the City codified its “Water Shortage Contingency Plan,” which establishes voluntary and imposed water conservation standards intended to alter behavior related to water use efficiency and further establishe d four stages of action to be implemented during times of declared water shortage or declared w ater shortage emergency, with increasing restrictions on water use, in order to better implement and enforce conservation measures. The IWA continues to be diligent in conservation efforts to save as much water as possible and offers several water rebate options to residents.

WATER PRODUCTION
Table 1 below shows a five-year history of groundwater pumped by the Authority.

Table 1
Historical Annual Pumping
(Hundred Cubic Feet – CCF)
Fiscal Year Total Groundwater Pumped
2016-17 7,672,822
2017-18 8,375,689
2018-19 8,309,037
2019-20 8,468,977
2020-21 8,423,224
Table 2 below shows the City’s water demand re flecting actual figures for 2020 and projected deman d through 2038 based on the 2019 Water Master Plan Update.

Table 2
Projected Water Demand and Capacity
(Hundred Cubic Feet – CCF)
Calendar Year Water Demand Potable Water Capacity
2020 8,624,880 33,060,000
2023 11,500,000 36,686,606
2028 12,300,000 36,686,606
2033 13,100,000 36,686,606
9

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 421 of 1168

WATER QUALITY
The quality of our water is remarkably high based on annual data compiled and reported in 2020 to the State Water Resources Control Board, Division of Drinking Water. The City of Indio (City) continues to provide extremely high quality drinking water. In 2015, IWA installed three (3) SBA well head treatm ent units to treat Chromium 6. In August 2015, IWA complete d a Chromium Compliance Study which recommended a plan to reduce stranded assets (stand-by wells). IWA continued to evaluate each of its stranded assets to determine the best method of bringing these stand -by wells back into service . IWA and other water providers across the state may get a temporary relief from the Chromium-6 standard after a judge ruled on May 5 , 2017 that the state did not take into account economic impacts when setting the Chromium -6 drinking water standard to a le vel more stringent than the federal standard. The State appealed the court decision. In April 2022, the State of California announced that the Chromium-6 MCL would remain at 10 parts per billion (PPB). The IWA has been given a two -year compliance window to comply with the State standard. This will require a sizable investment to purchase additional Chromium-6 removal equipment.

IWA uses state certified laboratories for bacteriological, physical, chemical , and radiological water analysis. Samples are collected from the entire water system weekly and submitted for testing to ensure the safety of the water and compliance with Federal Environmental Protection Agency’s Safe Drinking Water Act and the California drinking water standards. Sodium hypochlorite solution is used to disinfect and maintain chlorine residual throughout the distribution system.

CUSTOMER BASE
During FY 2022-23, IWA expects to add approximately 500 new water connections to the system, ending the fiscal year with 24,895 water connections. The majority of the water s ystem connections are residential, with the remaining connections representing commercial and other uses. The water system does not supply water for agricultural irrigation purposes. The City does not currently sell water to other municipalities, but there are three interconnections within the City to other utilities for emergency purposes.

Table 3 below is a historical illustration of IWA’s total water meters by fiscal year.

Table 3
Number of Water Meters

2016-17 2017-18 2018-19 2019-20 2020-21
Residential 21,065 21,371 21,768 22,075 22,553
Commercial* 1,838 1,924 1,804 1,803 1,842
Total Meters 22,903 22,903 23,572 23,878 24,395
*Commercial category include all non-residential meters

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 422 of 1168 Residential customers comprise 92% of IWA’s customer base and consume d approximately 73% of the water produced.

FISCAL MANAGEMENT
IWA’s Board of Directors annually adopts an operating and capital budget prior to the new fiscal year. The budget authorizes and provides the basis for reporting control of financial operations and accountability for IWA enterprise functions, including the water fund, supplemental water supply fund, water capital impact fee fund, and equipment replacement.

The budget and the reporting treatment are applied to fund s consistent with the accrual basis of accounting. Since its inception, IWA has adopted a balanced budget annually.

During FY 2022 -23, IWA was able to complete projects, which will conti nue to enhance finance, customer service , technology, production , and provide efficiencies in operations to meet future water demands.

FY 2021-22 HIGHLIGHTS AND ACCOMPLISHMENTS
Administration, Regional Planning and Conservation
 Completed IWA organizational realignment with strengthened focus on regional water resources planning, conservation, legislation and grants.

The asset management and customer service programs previously under Administration are now part of Water Operations, Finance, and Customer Service, respectively.
 Successfully filled the IWA Senior Management Analyst and Administrative Coordinator positions.
 Completed an d submitted the 2022 Indio Subbasin Alternative Plan Update document to Department of Water Resources to comply with the Sustainable Groundwater Management Act (SGMA) requirements in collaboration with the sustainable groundwater agencies i.e. Coachella Valley Water District, City of Coachella/ Coachella Water Authority and Desert Water Agency.
 Submitted the first annual progress report on the implementation of the Coachella Valley Salt and Nutrient Management Plan (CV -SNMP) Groundwater Monitoring Workplan for Calendar Year 2021 in collaboration with other CV-SNMP agencies i.e. Mission Springs Water District, Desert Water Agency, City of Coachella/Coachella Water Authority, Valley Sanitary District, Coachella Valley Water District, Myoma Dunes Water Company , and City of P alm Springs related to water quality monitoring.
11

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 423 of 1168  Received notice of award for approximately $195,000 in grant funding from the California Department of Water Resources Underrepresented Communities and Native American Tribe Set Aside under the Urban and Multibenefit Drought Relief Grant Program. Funds are intended for the conservation rebate program earmarked for disadvantaged community customers.
 Completed in-person conservation outreach at various events such as National Night Out, Tamale Festival, Indio’s “Streets are Treats,” Desert Recreation District’s Easter event and City BBQ Festival. Completed presentations at the California Desert Association of Realtors and the Women’s Council of Realtors, Greater Palm Springs meeting events.

Reconstituted regular conservation messaging via the IWA utility bills.  Processed approximately 216 rebate applications related to turf removal, toilet, clothes washer, and irrigation system upgrades, earmarked at $533,675 to promote water use efficiency t hroughout the City’s water service area.

Engineering
 Completed the construction of approximately 3,700 linear feet of 18-inch new water main on Miles Avenue from Doral Street/Monticello Avenue to Sedona Dr. The new pipeline will increase water pressure and provide additional fire flow capacity in the western part of the City’s water service area.
 Completed Plant 4 Booster Pump Station Upgrade to increase pump capacity.
 Completed the Plant 2 Booster Pump Station Condition Assessment.

The Condition Assessment determined that the pump facility has reached its useful life and requires seismic code upgrades. IWA Engineering advertised a Request for Proposals and selected an engineering design firm for the design of a new Plant 2 Booster Pump Station.
 Completed the advertisement and award of a contract for a hydrogeologist to propose a well site location, prepare plans and technical documents for the drilling of a new well as part of the Developer Impact Well Drilling and Equipping project. A Technical Memorandum for the new well site is currently under review by Engineering.
 Performed over 1,100 new water meter inspections, and over 14 0 new private development infrastructure inspections.
 The engineering staff comple ted over 20 fire-flow hydraulic analysis reports system wide.
 Processed over 450 new water meter applications system wide. 12

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 424 of 1168  Completed the review and comment of over 28 routed land development plan checks.
 Completed the review of 20 water improvement plan checks for new commercial and residential services and processed the applicable water improvement agreements.
 Performed over 4,000 water quality samples, testing and analysis as part of the regulatory requirements to meet drinking water standards.  Completed the application review and inspection of two (2) new agricultural wells and five (5) groundwater well abandonments.  Completed the review of ten (10) development landscape reviews for compliance with IWA’s Development Services Procedural Guidelines.  Updated new development data on the IWA GIS platform.

Production and Distribution
 Repaired and replaced water services, including pavement repairs.  Repaired and replaced large inoperable water main valves, including pavement repairs.
 Performed dead -end flushing , annual backflow testing and collected bacteriological samples to maintain water quality.
 Read meters for billing and collection of consumption data, which assists our customers to conserve water.
 Expanded Advance Metering Infrastructure (AMI).
 Performed valve exercising to maintain infrastructure operability and water quality.
 Worked with other divisions and consultants to optimize water system performance.
 Repaired one (1) vertical motor.
 Operation and Maintenance of three (3) strong base anion exchange units.
 Produced and delivered safe drinking water to customers.  Maintained non-revenue water below 10 percent.
 Upgraded Supervisory Control and Data Acquisition (SCADA) programming at multiple production facilities.
 Enhanced Cross-Connection Control Program, and Asset Management System.
 Successfully delivered potable water to customers during the pandemic.

Finance and Customer Services
• Timely processing of approximately 65,000 financial transactions to support IWA’s core functions.
• Over 9,500 customer service calls were taken in call center during the year.
13

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 425 of 1168  Coordinated the auditing of Fiscal Year 2020-21 Financial Statements.  Completed AB1600 reporting requirements to the Building Industry Association and the Desert Valley Building Association.  Completed FY2020-21 State Controller’s Report.
 Completed the 2021 Long-Range Financial Plan update that estimated the IWA’s infrastructure needs for the next 20 years.
 Completed proposal to replace the current utility system with Tyler MUNIS.  Completed the FY2021-22 Midyear Budget report and reported results to City Council.
 Completed the FY2020-21 Annual Bond Disclosure Report and posted on EMMA for Bond Holders.
 Reviewed and updated the Operating Reserve, and the Emergency Reserve to meet reserve policy requirements.
 Worked with the United Way of the Desert to create a COVID19 water bill payment assistance program totaling $100,000 in funding.  Secured arrearages grant from the State Water Board in the amount of $206,000. The grant funds helped 611 residential and commercial customer pay their water bills.
 Enrolled in California Department of Community Services & Development (LIHWAP) Low Income Household Water Assistance Program. This program provides additional assistance to water customers that are unable to pay their water bills.

Information Technology
 Deployed and configured a new network video recording server at Plant 1 to replace a faulty server.
 Deployed 6 new wireless access points throughout the Corporate Yard facilities, to replace legacy units.
 Worked with Sierra Controls over several months to plan and perform a full upgrade to the SCADA system to bring it to the latest version.  Worked with Central Square plan and perform a full upgrade to the Naviline system to bring it to the latest version and implement HTML5 functionality. This has granted the ability for users to access Naviline from the latest browsers.
 Oversaw updates to the entire Cambium wireless networks, including 3 access points on Indio Hill and 2 dozen subscriber radio sites.  Deployed a new point-to-point radio link network between the Lost Horse Access Point and links at Terra Lago and Well U.
 Configured and deployed two new virtual machine hosting servers and migrated the phone server, encryption server, and new IVR server to the new environment.
 Configured and deployed new 48 port switch unit to begin the replacement of 4-stack legacy core switch system, and transferred data and VOIP links to the new unit.
14

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 426 of 1168  Implemented offsite backups for all local systems, to ensure IWA backup data is protected in a secure cloud environment.  Assisted citywide IT effort to deploy new email security and cybersecurity training system to replace and consolidate existing solutions.
 IT Staff attended and completed Emergency Operations Center Logistics course and various IT operations training for Cisco and Nutanix systems.
 Continually assessed, maintained, and improved IWA information technology systems and user workstations. This includes purchasing replacement equipment and troubleshooting issues as needed.  Performed extensive, and ongoing, ass essment of cybersecurity, and implemented various measures to improve security posture. This included disabling unused accounts, implementing two -factor authentication wherever possible, and disabling unsecured remote access methods and ports.

IWA’s budget has been developed with goals and objectives in mind to meet the future needs of the community and to enhance operational efficiencie s. Looking forward to FY 2022 -23, the Authority wi ll focus on achieving the goals and objectives that are outlined in the budget.

FY 2022-23 BUDGET SUMMARY
Operating Revenues
Total Operating Revenue for Fiscal Year 2022 -23 is projected at $24.5 million.

There are no water rate increases included in this budget. Water utility account growth is projected to be about 2 percent from new customer growth. The water replenishment fee that is collected by the IWA and passed -through to the Coachella Valley Water District (CVWD) is projected to increase by 10 percent pending final CVWD Board approval. Water meter and service fees are projected to increase by about 5 percent. Grant funding is decreasing by 41 percent from the prior year. Grant funding will be more water conservation focused than in past years. The revenue budget is balanced with the expenditure budget by using $1.1 million of unallocated fund balance. Total budgeted funding sources for the Fiscal Year 2022-23 budget totals $25.6 and balances with budgeted expenditures.

Operating Expenses
Total Operating Expenditures for Fiscal Year 2022-23 is budgeted at $25.6 million.

There are no new positions included in budget. The IWA workforce remains at 47 full-time employees, and the City of Indio support staff allocation is at 2.65 persons.

Transfers to Water Capital Program Fund is budgeted at $2.6 million. Equ ipment replacement budget is a carryover of the same amount as the prior year budget.

Scheduled vehicle replacement has slowed down due to supply chain shortages 15

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 427 of 1168 in the industry. Services and charges are increasing by 7 percent, and the salary and benefit budget is increasing by 6 percent.

Capital Expenditures
IWA’s capital outlay program include s a Wate r Capita l Impact Fee Fund , a Supplemental Wate r Fund, and a Wate r Capital Program Fund. Total recommended capital expenditures from all these funds total $3.2 million.

The primary objective of the capital outlay program is to replace assets that have reached or surpassed their useful life, to construct new projects that assist IWA in achieving higher service and reliability standards and to improve long-term operating efficiencies.
 The Water Capital Impact F ee (Fund 310) budget is $280,000 and will be used for:
o New IWA Well Drilling and equipping
o Administrative Transfer to Operating Fund
 The S upplemental Water S upply Fund (Fund 321 ) budget is $ 315,000 thousand and will be used for:
o EVRA Injection Project Groundwater Model
o Supplemental Water Fee Study
o Administrative Transfer to Operating Fund
 The Capital Reserve Fund (Fund 812) budget is $2,610,000 thousand and will be used for:
o Plant 4 BPS Upgrade
o Plant 2 BPS Replacement
o Westward Ho Dr. to Fred Warning Channel
o Terra Lago PRV Upgrade
o Hexavalent Chromium Well Treatment
o Plant 1 Interior Aluminum Stairway
o Bridge Seismic Connections
o Bridge and Canal Pipeline Coating
o Reservoir 4 Flush Cleanout/Manway
o Cross-Connection Program
o Pipeline Replacement Program
o Hydrant Replacement Program
 The Equipment R eplacement Fund budget totals $ 500,000 to cover the replacement of vehicles.
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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 428 of 1168

STAFFING AND PERSONNEL
For FY 2022-23, there are 47 authorized IWA full-time positions, and 2.65 partially city funded positions. The chart below provides a historical summary of IWA funded full-time positions, and partially city funded position s over a 10 year period.

RESERVE FUNDS
Currently, the IWA has two designated (2 ) reserve funds. The funding of these reserves reflects the importance of the adopted policies to ensure prudent fiscal management, long-term operational solvency , along with the preservation of adequate service levels in case of emergencies.

DEBT ADMINISTRATION
On October 1, 2006, the Indio Water Authority issued $61,795,000 Water Lease Revenue Bond Series. Some of the proceeds were used to repay the 2004 Bond Series and the remainder were used for various capital maintenance and improvement projects to build new reservoirs, wells , boosters stations, pipelines, a corporate facility building, and system administration.

On June 2, 2015, the Indio Water Authority issued $60,215,000 of Water Revenue Bonds. The 2015 bond issue refunded the outstanding bonds from the 2006 bond issue. In addition to refunding the 2006 bond issue, the 2015 bond issue generated approximately $4.8 million in new proceeds to fund necessary project improvements to insure treatment of Hexavalent Chromium within the required maximum containment level. The Bonds are paid from IWA net revenues and from certain funds held under the indenture. On May 11, 2018, the Indio Water Authority credit rating of “A/Stable” was upgraded to “A A+/Stable by Standard and Poor's 41 42 43 43
47 47
49 47 47 471.9

1.9 1.9 1.9

1.9 2.15

2.15 2.35 2.35 2.65
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 FY
13/14
FY
14/15
FY
15/16
FY
16/17
FY
17/18
FY
18/19
FY
19/20
FY
20/21
FY
21/22
FY
22/23
CITY FTE's
IWA
17

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 429 of 1168 for the 2015 bond issue. The upgraded rating reflected that the IWA’s financial strength during last three fiscal years was very robust. According to the opinion of the Standard and Poor’s, this trend is expected to continue given management’ history of implementing timely rate increases. The rating shows that the IWA has a very strong risk profile and financial risk profile.

The FY 2022 -23 debt service p ayments for the 2015 bond issue will total $4,164,113.
18

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 430 of 1168 I-10

DILLON RD
AVENUE 48

MONROE ST
AVENUE 38

INDIO BLVD
AVENUE 42

JEFFERSON ST
AVENUE 44
AVENUE 50

MILES AVE
SH-86
HIGHWAY 111
AVENUE 40
AVENUE 52

TYLER ST

CALHOUN ST

CLINTON ST

HARRISON ST
AVENUE 46

VARNER RD

FARGO CANYON RD

DR CARREON BLVD

FRED WARING DR
AVENUE 45

DUNE PALMS RD

POLK STREQUA AVE

LANDFILL RD

SUN CITY BLVD

EASTSIDE DR
AVENUE 43
AVENUE 41
AVENUE 27
AVENUE 39
AVENUE 36

ODLUM DR

LINDY LN

HJORTH ST

MADISON ST

KEVIN RD JACKSON ST

CABAZON RD

KENNER AVE

VAN BUREN ST
AVENUE 51

MARKET ST

BERDOO CANYON RD

TALAVERA BLVD

VIA SAVONA

HOPI AVE

AVENIDA SOMBRA

SOUTH BAY DR

GLASS DR

POLO CLUB DR

CREST AVE
AVENUE 49

LIGMAN RD
NONE

N SUN CITY BLVD

PATRICK DR

MITCHEL DR

NORTH SHORE DR
ALLEY

TARA DR

GRANT DR

CALICO AVE

VALENCIA AVE

ATLANTIC AVE

BERINGER DR

DATE AVE

REGONA RD

ALADDIN ST

LEWIS RD
TEE ST

BURR ST

TIGRIS AVE

POLO RD

HARRISON PL

PACINO ST

GREENBRIER DR

CABRILLO PL

BUSH ST

BONITA LN

NUEVO DR

ROUDEL LN
AVENUE 37

PLAZA AVE

HARRISON ST

TYLER ST
ALLEY
SH-86
AVENUE 40
I-10MADISON ST
ALLEY

JACKSON ST
®
Legend
Indio Water Authority Service Area
Indio Water Authority
Service Area Boundaries
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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 431 of 1168 Indio Water Authority
Fiscal Year 2022-2023 Budget

FINANCIAL SUMMARIES

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 432 of 1168 Indio Water Authority
Fund Balance Summary
Estimated Fund
Balance as of
June 30, 2022
Estimate
Ending Fund
Balance as of
June 30, 2023
Total
Nonspendable
Total
Restricted
Total
Committed
Total
Assigned
Total
Unassigned
810 Water Operating Fund 14,311,972 14,551,972 - - - 14,551,972 810 Water Operating Reserve Fund 5,300,000 6,000,000 - 6,000,000 - - - 810 Emergency Reserve Fund 4,100,000 3,820,000 - 3,820,000 - - - 811 Rate Stabilization Fund 5,000,000 5,000,000 - 5,000,000 - - - 812 Water Capital Program 250,000 150,000 - 150,000 - - - 310 Water Capital Impact Fee Fund 7,449,953 7,919,543 - 7,919,543 - - - 321 Supplemental Water Supply Fund 6,368,441 6,703,441 - 6,703,441 - - - Total Funds 42,780,366 44,144,956 - 29,592,984 - - 14,551,972 Fund Balance Components for the Budget Year
Fund Name
Schedule 1
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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 433 of 1168 Indio Water Authority
Operating Funds
Summary of Revenue by Fund
FY 2020-21
Actual
Revenue
FY 2021-22
Budget
Revenue
FY 2022-23
Recommended
Budget Revenue
FY 2022-23
Adopted Budget
Revenue
810 Operating Water Fund 25,255,490 23,994,186 24,488,177 - Total Operating Water Fund 25,255,490 23,994,186 24,488,177 - - 4,171,900 2,610,000 -
689,454 650,000 700,000 -
812 Water Capital Program
321 Supplemental Water Supply Fund
310 Water Capital Impact Fee Fund 865,232 460,000 800,000 - Total Capital Project Funds 1,554,686 5,281,900 4,110,000 - Total Funds Revenue 26,810,177 29,276,086 28,598,177 - Fund Description
Schedule 2
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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 434 of 1168 Indio Water Authority
Operating Fund
Revenue over Expenditures
Budget
FY 2021-22
Recommented Budget
FY2022-23
Adopted Budget
FY 2022-23

REVENUE
Water Sales 20,408,486 20,816,656 -
Meter and Service Fees 1,323,300 1,384,400 -
Replenishment Assessment 1,445,400 1,582,800 -
Investment Income 500,000 500,000 -
Grant Funding 272,000 159,321 -
Transfer-In 45,000 45,000 -
Total Budgeted Revenue 23,994,186 24,488,177 -

EXPENDITURES
Salary and Benefits 6,050,266 6,429,201 -
Legal Services 105,000 105,000 -
Professional/Contract Services 1,423,999 1,716,371 -
Regulatory/Governmental Agency 1,929,400 1,958,800 -
Utilities 1,605,000 1,605,000 -
Outside Repair & Maintenance 430,625 489,625 -
Travel & Training 67,300 77,300 -
Dues & Subscriptions 37,600 37,000 -
Postage & Freight 153,000 158,000 -
Conservation Programs/Outreach 430,000 535,000 -
Advertising 160,000 115,000 -
Cell Phones 29,500 29,500 -
Rentals and Leases 92,005 92,005 -
Printing 69,000 68,000 -
Meter Change Out Program 250,000 350,000 -
Repair Parts/Supplies 727,500 742,750 -
Supplies & Safety Equipment 31,500 36,500 -
Chemical Lab 160,000 160,000 -
Contingency 100,000 100,000 -
Capital Outlay 1,144,000 1,857,321 -
Internal Service Funds 1,777,581 2,169,708 -
Transfer Outs 4,171,900 2,610,000 - - -
Total Expenditures 20,945,176 21,442,081 -
Debt Service 4,166,864 4,164,114 -
Total Budget Appropriations 25,112,041 25,606,195 - Projected Revenue Over (1,117,855) (1,118,018) -
Expenditures (+/-)
Description
Schedule 3
22

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 435 of 1168 FY 2022-23 REVENUE SUMMARY
Recommended - $25,606,195
FY 2022-23 EXPENDITURE SUMMARY
Recommended - $25,606,195
Fixed Assets
Internal Service Charges
Debt Service
Equipment replacement
Transfer-Out
23

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 436 of 1168 Indio Water Authority
Operating Fund Revenue Detail
FY 2020-21
Actual
Revenue
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Water Fund
Interest Earnings 11,348 500,000 500,000 -
Total Use of Money and Property 11,348 500,000 500,000 - Delinquent Penalty Fees 309,321 290,000 290,000 - Plan Checks 41,361 100,000 100,000 -
Inspection Fees 138,859 100,000 100,000 -
Water Utility Payments 22,142,086 20,408,486 20,816,656 - Water Meters 161,669 153,000 153,000 -
Backflow Charges 338,950 306,000 350,000 -
Fire Protection Charges 175,910 147,900 165,000 - Replenish Assessment Charge 1,352,539 1,445,400 1,582,800 - Service Area Fee 9,463 40,000 40,000 -
NSF Returned Check Charge 4,425 4,000 4,000 -
Charges for Services 125,715 122,400 122,400 - Establishment Fee 57,520 60,000 60,000 -
Total Charges for Services 24,857,819 23,177,186 23,783,856 - Transfers In 45,000 45,000 45,000 -
Cash Over/Short - - - -
Recovery of Labor 2,405 2,000 2,000 -
Reimbursements 71,729 20,000 20,000 -
Grant Reimbursements 267,189 250,000 137,321 - Total Miscellaneous Services 386,324 317,000 204,321 - Total Operating Revenue 25,255,490 23,994,186 24,488,177 - Description
Schedule 4
24

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 437 of 1168 Indio Water Authority
Summary of Expenditures and Appropriations by Fund and Department FY 2019-20
Actual
Expenditures
FY 2020-21
Actual
Expenditures
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Water Authority Operations
6711 Board of Directors 8,600 10,500 11,459 11,459 - 6711 Planning & Conservation 3,563,538 4,855,277 9,141,594 6,999,939 - 6712 Production 3,119,604 3,290,483 3,628,640 4,562,960 - 6713 Transmission and Distribution 3,436,921 3,842,325 3,574,796 4,556,228 - 6714 Finance and Customer Service 1,886,476 1,818,068 1,440,275 2,284,343 - 6715 Information Technology 729,787 766,999 1,178,658 1,238,561 - 6716 Engineering 1,526,000 1,069,831 1,469,755 1,288,591 - 6725 Equipment Replacement 189,588 86,297 500,000 500,000 - Total Water Authority Operations 14,460,513 15,739,779 20,945,177 21,442,081 - 6720 Water Debt Service 4,195,602 4,169,613 4,166,863 4,164,113 - Total Debt Service Funds 4,195,602 4,169,613 4,166,863 4,164,113 - Total Operating Expenses 18,656,114 19,909,392 25,112,041 25,606,195 - 812 Water Capital Program - 716,206 4,171,900 2,610,000 - 321 Supplemental Water Supply Fund 15,000 20,387 215,000 315,000 - 310 Water Capital Impact Fee Fund 624,459 59,149 280,000 280,000 - Total Capital Projects Funds 639,459 795,743 4,666,900 3,205,000 - Total Expenditures 19,295,574 20,705,134 29,778,941 28,811,195 - Description
Schedule 5
25

Page 43 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 438 of 1168 Indio Water Authority
Operating Fund Detail by Division
FY 2020-21
Actual
Total
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Water Authority Fund: 810
Budget Unit: Administration Department: 6711
Function: Board of Directors
Salaries and Benefits 10,500 6,459 6,459 -
Services and Charges - - 5,000 -
Fixed Assets - - - -
Internal Service Fees - - - -
Transfers to Other Funds - - - -
Total Expenditures/Appropriations: 10,500 6,459 11,459 - Funded Positions:

Elected Board Members 5.00 5.00 5.00 -

5.00 5.00 5.00 -
Appropriation Category
The Indio Water Authority is governed by a Board of Directors consisting of the City’s five elected City Council members. The Board meets every first Wednesday of the month at the City's Council Chambers located at 100 Civic Center in Indio. The Board's activities relate to the governing of the Authority, establishing policy through approval of the budget, resolutions and ordinances, and participating in community affairs, intergovernmental relations and participation at selected water organization activities.

Schedule 6
26

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AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 439 of 1168 Indio Water Authority
FY 2022-23
6711- Water Administration Board
New Account Account Actual Actual Actual Budget Proposed Change Org Code Object Code Description FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Salaries & Benefits
8106711 511008 Regular Pay 6,300 7,682 9,582 6,000 6,000 - 8106711 512013 Medical Insurance - - - - - - 8106711 513004 PERS-EMPLOYER - - - - - -
8106711 514005 Social Security 918 918 918 459 459 -
8106711 512017 Life Insurance - - - - - -
8106711 512021 LT Disability - - - - - -
Subtotal 7,218 8,600 10,500 6,459 6,459 - Operations - - - - - -
8106711 521064 Professional Services - - - - - - 8106711 524028 Travel & Training - - - 5,000 5,000 - 8106711 540015 Meetings - - - - - -
8106711 531066 Dues & Publications ( Cert) - - - - - - Total Expenses - - - 5,000 5,000 -
Total Expenses 7,218 8,600 10,500 11,459 11,459 - 27

Page 45 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 440 of 1168 Indio Water Authority
FY 2022-2023
6711 - Water Board
Org
Code
Object
Code Account Description Comments
Proposed FY
2022-23
Salaries & Benefits
8106711 511008 Regular Pay 6,000
8106711 511012 Part-time Salaries -
8106711 511016 Overtime -
8106711 512003 Auto Allowance -
8106711 512005 Uniform Allowance -
8106711 512009 Communication Allowance -
8106711 512013 Medical Insurance -
8106711 513004 PERS Employer -
8106711 514005 Social Security 459
8106711 512017 Life Insurance -
8106711 512021 LT Disability -
Subtotal 6,459
Services & Supplies
8106711 521064 Professional Services -
8106711 524028 Travel & Training 5,000
8106711 540015 Meetings -
Total Services & Supplies 5,000
Internal Service
8106714 571003 Risk Management -
8106714 571005 Building -
8106714 571007 Information Technology -
8106714 571011 Fleet Maintenance -
Total Internal Service -
Total Expenditures 11,459
28

Page 46 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 441 of 1168 Indio Water Authority
Operating Fund Detail by Division
FY 2020-21
Actual
Total
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Water Authority Fund: 810
Budget Unit: Administration Department: 6711
Function: Administration, Planning & Conservation
Salaries and Benefits 1,006,772 1,899,749 1,230,811 - Services and Charges 2,271,163 2,674,900 2,887,300 - Lease Payment 5 5 5 -
Materials & Supplies 14,533 15,000 20,000 -
Fixed Assets - - - -
Internal Service Charges 214,259 380,040 251,823 -
Transfers to Other Funds 1,348,545 4,171,900 2,610,000 - Total Expenditures/Appropriations: 4,855,277 9,141,594 6,999,939 - Funded Positions:

City Manager 0.25 0.25 0.35 -
City Clerk Administrator 0.25 0.25 0.25 -
Management Aide 0.25 0.25 0.25 -
City Finance Department 0.55 0.55 0.65 -
Ex. Assist. to the City Manager 0.25 0.25 0.35 -
City H.R. Department 0.80 0.80 0.80 -
General Manager 1.00 1.00 1.00 -
Administrative Services Manager - 1.00 1.00 -
Water Senior Management Analyst - - 1.00 -
Water Principal Management Analyst 1.00 - - -
Water Administration Coordinator 1.00 1.00 1.00 -
Asset Management Coordinator - 1.00 - -
Water Comm. Outreach Coord. 1.00 1.00 - -
Accounting Tech I - 1.00 1.00 -
Customer Service Tech II - 1.00 - -
Customer Service Tech I - 3.00 - -
Water Conservation Specialist 1.00 - - -
Water Office Assistance 1.00 2.00 - -

8.35 14.35 7.65 -
Appropriation Category
Administration is responsible for the overall day-to-day management of the IWA. Daily management includes the planning, control, direction and evaluation of the Authority's programs and resources. Administration staff researches and prepares recommendations for consideration by the Board on issues facing the Authority. Vested in Administration is the primary responsibility for assuring that Board policies are properly administered. The operating cost of Administration goes towards customer service, conservation, legal services, water resource services, training, professional memberships, policies, procedures, analysis and reporting of goals and outcomes of the agency. Other costs include the Replenishment Assessment Charge paid to the Coachella Valley Water District (CVWD).

Schedule 6
29

Page 47 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 442 of 1168 Indio Water Authority
FY 2022-23
6711 - Admin, Planning & Conservation
Account Actual Actual Actual Budget Proposed Change
Org Code Object Code Description FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Salaries & Benefits
8106711 511008 Regular Pay 893,817 787,914 584,170 1,245,897 831,874 (414,023) 8106711 511012 Part-Time Salaries - - 24,860 - - -
8106711 511016 Overtime 9,937 634 761 - - -
8106711 511024 Call Back 3,218 59 - - - -
8106711 511032 Standby 6,591 - - - - -
8106711 512003 Auto Allowance 10,200 11,158 9,269 11,100 14,160 3,060 8106711 512005 Uniform Allowance 1,216 - - - - -
8106711 512009 Communications Allowance 840 1,755 1,666 1,740 1,140 (600) 8106711 512013 Medical Insurance 109,978 130,699 100,914 197,636 92,610 (105,026) 8106711 511044 Comp/Vacation Cash Outs 45,321 11,119 43,549 - - - 8106711 513004 PERS-EMPLOYER 225,567 200,794 192,733 346,532 220,750 (125,782) 8106711 514005 Social Security 65,054 58,780 46,277 90,511 65,852 (24,659) 8106711 512017 Life Insurance 988 594 400 1,550 826 (724) 8106711 512021 LT Disability 2,654 2,876 2,172 4,783 3,599 (1,184) Subtotal 1,375,381 1,206,382 1,006,772 1,899,749 1,230,811 (668,938) Operations
8106711 521056 Legal Services 55,011 52,746 51,523 105,000 105,000 - 8106711 521064 Professional Services 82,901 20,480 84,187 206,000 56,000 (150,000) 8106711 521088 Water Resource Services 1,104,106 1,357,201 1,503,114 1,650,400 1,937,800 287,400 8106711 521036 City Payroll Charges 1,375,381 1,206,382 1,006,772 1,899,749 1,230,811 (668,938) 8106711 521032 Conservation 381,113 414,630 446,308 430,000 535,000 105,000 8106711 524028 Training 6,231 6,303 2,374 8,000 15,000 7,000 8106711 540015 Meetings 1,054 1,151 2,000 2,000 5,000 3,000 8106711 531066 Dues & Publications ( Cert) 29,727 28,278 29,432 33,000 33,000 - 8106711 524020 Postage & Freight 340 200 52 2,500 2,500 - 8106711 524002 Advertising - - - - -
8106711 524024 Rentals & Leases 5 5 5 5 5 -
8106711 524022 Printing & Reproduction 107 53 596 3,000 3,000 - 8106711 521032 Outreach Activities - - - - - -
8106711 540027 Promotional Activities - - 117,526 135,000 95,000 (40,000) 8106711 591003 Contingency - 4,787 34,051 100,000 100,000 - Total Services & Charges 3,035,977 3,092,216 3,277,940 4,574,654 4,118,116 (456,538) 8106711 531990 Inventory Over/Short - - - - - -
8106711 531033 Office Supplies 12,216 13,612 14,533 15,000 20,000 5,000 Total Supplies 12,216 13,612 14,533 15,000 20,000 5,000 8106711 581003 Transfer Out 705,647 250,000 1,348,545 4,171,900 2,610,000 (1,561,900) Total Transfers 705,647 250,000 1,348,545 4,171,900 2,610,000 (1,561,900) Subtotal 3,753,840 3,355,828 4,641,018 8,761,554 6,748,116 (2,013,438) Internal Service
8106711 571003 Risk Management 136,625 159,195 159,192 264,709 178,060 (86,649) 8106711 571005 Buildings 27,965 32,306 38,508 59,808 32,291 (27,517) 8106711 571007 Information Technology 14,833 15,619 15,888 54,850 40,787 (14,063) 8106711 571009 Central Services - - - - - -
8106711 571011 Fleet Maintenance 557 590 671 673 685 12 Total Internal Service 179,981 207,710 214,259 380,040 251,823 (128,217) Total Expenses 3,933,821 3,563,538 4,855,277 9,141,594 6,999,939 (2,141,655) 30

Page 48 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 443 of 1168 Indio Water Authority
FY 2022-2023
6711 - Administration, Planning and Conservation
Org
Code
Object
Code Account Description Comments
Proposed
FY 2022-23
Salaries & Benefits
8106711 511008 Regular Pay 831,874
8106711 511012 Part-time Salaries -
8106711 511016 Overtime -
8106711 512003 Auto Allowance 14,160
8106711 512005 Uniform Allowance -
8106711 512009 Communication Allowance 1,140
8106711 512013 Medical Insurance 92,610
8106711 513004 PERS Employer 220,750
8106711 514005 Social Security 65,852
8106711 512017 Life Insurance 826
8106711 512021 LT Disability 3,599
Subtotal 1,230,811
Services & Supplies
8106711 521056 Legal Services City Attorney 60,000
Legal Services-Braun Blasing Smith 45,000 105,000
8106711 521064 Professional Services Regulatory Compliance 10,000 Electric Service Study 40,000
In-House Training Services (Health & Safety) 6,000 56,000 8106711 524020 Postage & Freight 2,500
8106711 540015 Meetings 5,000
8106711 531066 Dues & Publications 33,000
8106711 524024 Rentals & Leases 5
8106711 524022 Printing & Reproduction 3,000
CVWD RAC (20,000 x $79.14 AF) 1,582,800
8106711 524028 Travel & Training GM and 3 Other Employees 15,000 8106711 591003 Contingency 100,000
8106711 531033 Office Supplies 20,000
Total Services & Supplies 1,922,305
Fixed Assets
8106711 581003 Transfer-Out Capital Program Fund 812 2,610,000 Total Fixed Assets 2,610,000
Internal Service
8106714 571003 Risk Management 178,060
8106714 571005 Building 32,291
8106714 571007 Information Technology 40,787
8106714 571011 Fleet Maintenance 685
Total Internal Service 251,823
ADMINISTRATION TOTAL: 6,014,939
8106711 521088 Water Resource Services East Valley Reclamation Authority 25,000 State Water Resource Control Board 80,000
CVRWMG Program Mgmt. & Related Costs 50,000
SNMP Monitoring 100,000
SNMP Update 50,000
SGMA Subsidence Study 25,000
Annual SGMA Report 25,000 355,000

ADMINISTRATION

PLANNING
31

Page 49 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 444 of 1168 PLANNING TOTAL: 355,000
8106711 521032 Conservation Program Turf Rebate 300,000 Irrigation Upgrade Rebate 30,000
Smart Controller Rebate 15,000
Toilet Rebate 45,000
Washing Machine Rebate 15,000
Demonstraion Garden -CVHW 75,000
WSCP Drought Actions 55,000 535,000
8106711 540027 Promotional Activities Promotional items 25,000 Bill Inserts Messaging 25,000
School Education Outreach 20,000
Regional Conservation Outreach
Coordination (CV Water Counts) 25,000 95,000
WATER CONSERVATION TOTAL: 630,000
TOTAL EXPENSES 6,999,939

WATER CONSERVATION
32

Page 50 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 445 of 1168 Indio Water Authority
Operating Fund Detail by Division
FY 2020-21
Actual
Total
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Water Authority Fund: 810
Budget Unit: Operations Department: 6712
Function: Production
Salaries and Benefits 769,695 633,677 958,583 -
Services and Charges 1,734,859 2,389,125 2,493,125 -
Materials & Supplies 191,458 243,500 243,500 -
Fixed Assets 376,011 130,000 540,000 -
Internal Service Fees 218,460 232,338 327,752 -
Transfers to Other Funds - - - -
Total Expenditures/Appropriations 3,290,483 3,628,640 4,562,960 - Funded Positions:

0.50 0.50 0.50 -
- - 0.50

1.00 1.00 1.00 -

3.00 3.00 3.00 -
- - 0.50
- - 0.50
Water Operations Manager
Asset Management Coordinator
Senior Water Treatment Plant Operator
Water Treatment Plant Operator II
Office Assistant
Office Assistant
Water Programs Specialist

0.50 0.50 0.50 -

5.00 5.00 6.50 -
Appropriation Category
Production is responsible for water treatment, storage, production, pumping, and distribution systems. Responsibilities include maintenance of the water production system including: 20 wells, seven storage tanks, and six booster stations.

Schedule 6
33

Page 51 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 446 of 1168 Indio Water Authority
FY 2022-23
6712 - Production
Account Actual Actual Actual Budget Proposed Change
Org Code Object Code Description FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Salaries & Benefits
8106712 511008 Regular Pay 322,396 356,010 401,044 409,871 559,096 149,225 8106712 511016 Overtime 26,225 51,326 46,377 - 50,000 50,000 8106712 511024 Call Back 9,697 6,583 8,254 - 10,000 10,000 8106712 511032 Standby 19,629 33,193 35,051 - 50,000 50,000 8106712 512005 Uniform Allowance 4,392 6,413 6,596 5,124 4,392 (732) 8106712 512013 Medical Insurance 28,420 73,818 86,643 68,195 94,713 26,518 8106712 511040 Comp/Vacation Cash Out 12,549 10,112 35,446 - - - 8106712 513004 PERS -EMPLOYER 62,437 100,930 109,452 116,623 146,788 30,165 8106712 514005 Social Security 20,034 34,094 38,892 31,747 40,862 9,115 8106712 512017 Life Insurance 378 387 427 540 702 162
8106712 512021 LT Disability 733 1,341 1,514 1,577 2,030 453 Subtotal 506,890 674,207 769,695 633,677 958,583 324,906 Operations
8106712 521064 Professional Services 247,137 253,004 58,002 300,000 300,000 - 8106712 521060 Medical & Lab - - 31,894 - - -
8106712 521064 Contract Labor 45,054 14,450 - 100,000 150,000 50,000 8106712 521068 Outside Government Agencies 22,919 23,146 24,185 6,000 6,000 - 8106712 521036 City Payroll Charges 506,890 674,207 769,695 633,677 958,583 324,906 8106712 521084 Technology & Data - - 45,484 - - -
8106712 523012 Utilities - Electricity 1,233,092 1,310,044 1,347,039 1,600,000 1,600,000 - 8106712 523042 Sewer 3,443 6,886 3,630 5,000 5,000 - 8106712 523030 Bldg & Grnds-Pest Control 845 250 750 2,625 2,625 - 8106712 523015 Outside Repair & Maintenance 324,455 406,468 193,666 360,000 414,000 54,000 8106712 524028 Training 6,733 2,372 2,448 8,000 8,000 - 8106712 531066 Dues & Publications ( Cert) 138 280 603 1,000 1,000 - 8106712 524026 Telephone - - - - - -
8106712 524006 Cell Phones 3,627 3,026 4,921 4,500 4,500 - 8106712 524024 Rentals & Leases 1,900 - - 2,000 2,000 - 8106712 531015 Clothing 2,325 - - -
8106712 531054 Repair Supplies - - 19,913 - - -
Total Services & Charges 2,396,233 2,694,134 2,504,554 3,022,802 3,451,708 428,906 8106712 531060 Small Tools & Equipment 32,991 41,370 32,065 15,000 15,000 - 8106712 531054 R&M Supplies 134,448 51,116 58,961 60,000 60,000 - 8106712 531027 Janitorial Supplies 1,040 1,200 1,200 1,500 1,500 - 8106712 531033 Office Supplies 160 53 66 500 500 -
8106712 531030 Motor Fuel, Oil, Lubricant - - - 3,000 3,000 - 8106712 531009 Chemical, Lab & Medical 83,861 95,061 97,082 160,000 160,000 - 8106712 531057 Safety Equipment 484 691 2,084 3,500 3,500 - Total Supplies 252,984 189,491 191,458 243,500 243,500 - 8106712 554002 Improvements Non-Building 432,979 17,650 343,793 40,000 450,000 410,000 8106712 555005 Machinery & Equipment 11,684 28,226 32,217 40,000 40,000 - 8106712 555003 Other Mach & Equip - 700 - 50,000 50,000 - Total Fixed Assets 444,663 46,576 376,011 130,000 540,000 410,000 Subtotal 3,093,880 2,930,201 3,072,023 3,396,302 4,235,208 838,906 Internal Service
8106712 571003 Risk Management 41,046 67,981 73,356 78,549 145,951 67,402 8106712 571005 Buildings 8,403 9,706 17,748 17,747 26,468 8,721 8106712 571007 Information Technology 4,456 6,703 7,320 16,277 33,432 17,155 8106712 571009 Central Services - - - - - -
8106712 571011 Fleet Maintenance 99,226 105,013 120,036 119,765 121,901 2,136 Total Internal Service 153,131 189,403 218,460 232,338 327,752 95,414 Total Expenses 3,247,012 3,119,604 3,290,483 3,628,640 4,562,960 934,320 34

Page 52 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 447 of 1168 Indio Water Authority
FY 2022-2023
6712 - Water Production
Org
Code
Object
Code Account Description Comments
Proposed
FY 2022-23
Salaries & Benefits
8106712 511008 Regular Pay 559,096
8106712 511016 Overtime 50,000
8106712 511024 Call Back 10,000
8106712 511032 Standby 50,000
8106712 512005 Uniform Allowance 4,392
8106712 513013 Medical Insurance 94,713
8106712 513004 PERS-Employer 146,788
8106712 514005 Social Security 40,862
8106712 512017 Life Insurance 702
8106712 512021 LT Disability 2,030
Subtotal 958,583
Operations
Services & Supplies
8106712 521064 Professional Services Sierra Control - SCADA Consultant 80,000 SBA Resin Specs 40,000
Sampling Treatment - Title 22 (Euro Fins
Eaton) 180,000 300,000
8106712 521064 Contract Labor
Ionex Annual O&M Contract (PO - $300K
Cr6 not issued) 150,000
8106712 521068 Outside Government Agencies AQMD/DDW 6,000 8106712 521036 City Payroll Charges 958,583
8106712 523012 Utilities - Electricity IID Electricity 1,600,000 8106712 523042 Sewer 5,000
8106712 523030 Bldg. & Grnds - Pest Control Pest Control 2,625 8106712 523015 Outside Repair & Maint Emergency Pump Repairs (Legend) 80,000 Replace and Repair Locks 2,000
Site Security Upgrades 25,000
A/C Maintenance Repairs 40,000
CiaVal Maintenance 50,000
Facility, Well, Reservoir Maintenance
(Mariposa Landscaping) 62,000
Pump Check 20,000
Calhodic Protection Maintenance 15,000
Electrical repairs (McDonald
Electric/Sulzer Electric) 120,000 414,000
8106712 524028 Travel and Training AWWA Conference 3,000 Scadaoack Training -Senior Operator
Training 3,000
Operator Training 2,000 8,000
8106712 531066 Dues & Publications Operator Certification 1,000 8106712 524026 Cell Phones Verizon Wireless/Cr6 4,500
8106712 524024 Rentals & Leases 2,000
8106712 531060 Small Tools & Equipment 15,000
8106712 531054 R&M Supplies Repair & Maintenance 60,000 8106712 531027 Janitorial Supplies Plant 4 1,500
8106712 531033 Office Supplies 500
8106712 531030 Motor Fuel, Oil, Lubricant 3,000
8106712 531009 Chemical, Lab & Medical Sodium Hypochlorite 80,000 35

Page 53 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 448 of 1168 Salt & Chemicals for Treatment at AA,
Plant 13, and 1E 80,000 160,000
8106712 531057 Safety Equipment 3,500
Total Services & Supplies 3,695,208
Fixed Assets
8106712 554002 Improvements Non Building Paint Supplies/Yard Piping 40,000 SBA Resin Replacement 410,000 450,000
8106712 555005 Machinery & Equipment
A/C, Pump, and Electrical Panel
Replacement 40,000
8106712 555003 Other Machinery & Equipment 50,000 90,000 Total Fixed Assets 540,000
Internal Service
8106712 571003 Risk Management 145,951
8106712 571005 Building 26,468
8106712 571007 Information Technology 33,432
8106712 571011 Fleet Maintenance 121,901
Total Internal Service 327,752
Total Expenditures 4,562,960
36

Page 54 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 449 of 1168 Indio Water Authority
Operating Fund Detail by Division
FY 2020-21
Actual
Total
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Water Authority Fund: 810
Budget Unit: Operations Department: 6713
Function: Transmission/Distribution
Salaries and Benefits 2,326,038 1,868,641 2,189,216 - Services and Charges 50,162 94,000 94,000 -
Materials & Supplies 493,228 601,000 701,000 -
Fixed Assets 397,509 405,000 732,321 -
Internal Service Fees 575,387 606,155 839,691 -
Transfers to Other Funds - - - -
Total Expenditures/Appropriations 3,842,324 3,574,796 4,556,228 - Funded Positions:

Water Operations Manager 0.50 0.50 0.50 -
Water Operations Supervisor 1.00 1.00 1.00 -
Senior Water Utility Specialist - 1.00 1.00 -
Senior Water Utility Worker 4.00 4.00 4.00 -
Water Utility Specialist 2.00 2.00 2.00 -
Asset Management Coordinator 1.00 - 0.50 -
Water Programs Specialist 0.50 0.50 0.50 -
Water Utility Worker II 5.00 5.00 9.00 -
Water Utility Worker I 5.00 4.00 - -
Office Assistant 1.00 - 0.50 -
Office Assistant - - 0.50 -

20.00 18.00 19.50 -
Appropriation Category
Water Transmission / Distribution provides customers with high quality potable water. The distribution system requires a team effort of daily operation and regular maintenance to ensure a reliable and consistent water supply. The Water and Transmission/Distribution division maintains and replaces: service lines, valves and fire hydrants. Water Transmission/Distribution also includes meter readers which read approximately 22,700 meters per month using manual and automated meter reading technology.

Schedule 6
37

Page 55 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 450 of 1168 Indio Water Authority
FY 2022-23
6713 - Water Distribution
New Account Account Actual Actual Actual Budget Proposed Change Org Code Object Code Description FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Salaries & Benefits
8106713 511008 Regular Pay 1,181,149 1,062,210 1,467,755 1,223,296 1,399,668 176,372 8106713 511016 Overtime 164,101 114,629 81,198 - - - 8106713 511024 Call Back 14,322 15,562 12,142 - - -
8106713 511032 Standby 30,326 40,216 34,704 - - -
8106713 512005 Uniform Allowance 20,496 22,323 22,904 16,836 17,568 732 8106713 512013 Medical Insurance 174,453 228,496 242,084 180,203 267,934 87,731 8106713 511044 Comp/Vacation Cash Out 13,467 30,032 24,644 - - - 8106713 513004 PERS -EMPLOYER 239,864 299,549 337,080 346,779 388,143 41,364 8106713 514005 Social Security 77,850 94,225 97,606 94,870 108,412 13,542 8106713 512017 Life Insurance 1,674 1,321 1,469 1,944 2,106 162 8106713 512021 LT Disability 2,839 3,908 4,452 4,713 5,385 672 Subtotal 1,920,541 1,912,471 2,326,038 1,868,641 2,189,216 320,575 Operations
8106713 521068 Other Gov. Agency Services - 7,276 13,421 10,000 10,000 - 8106713 521036 City Payroll Charges 1,920,541 1,912,471 2,326,038 1,868,641 2,189,216 320,575 8106713 523015 Repair & Maintenance 40,781 27,726 638 60,000 60,000 - 8106713 524028 Training 8,249 8,524 11,148 12,000 12,000 - 8106713 531066 Dues & Publications ( Cert) 305 1,472 1,126 2,000 2,000 - 8106713 524006 Cell Phones - - - - - -
8106713 524024 Rentals & Leases 14,877 12,091 23,830 10,000 10,000 - 8106713 524022 Printing & Reproduction - - - - - -
Total Services & Charges 3,139,606 1,969,560 2,376,200 1,962,641 2,283,216 320,575 8106713 531060 Small Tools & Equipment 24,159 30,603 67,808 25,000 25,000 - 8106713 531075 Water Meters for IWA 104,703 58,356 100,000 100,000 150,000 50,000 8106713 531075 Water Meters for Developers 111,392 107,905 142,139 150,000 200,000 50,000 8106713 531072 Backflow Supplies 22,981 10,513 14,338 15,000 15,000 - 8106713 531054 R&M Other 247,314 233,699 150,599 300,000 300,000 - 8106713 531033 Office Supplies - - - - - -
8106713 531015 Clothing - - 7,332 - - -
8106713 531057 Safety Equipment 10,152 14,158 11,012 11,000 11,000 - Total Supplies 520,701 455,234 493,228 601,000 701,000 100,000 8106713 554002 Improvements Non Building 3,650,247 491,954 374,564 210,000 387,321 177,321 8106713 555005 Machinery & Equipment 45,629 20,427 22,945 95,000 245,000 150,000 8106713 555003 Other Machine & Equipment - 8,086 - 100,000 100,000 - Total Fixed Assets 3,695,876 520,466 397,509 405,000 732,321 327,321 Subtotal 7,356,183 2,945,260 3,266,937 2,968,641 3,716,537 747,896 Internal Service
8106713 571003 Risk Management 193,504 245,623 278,772 282,775 379,472 96,697 8106713 571005 Buildings 39,608 45,756 67,440 63,890 168,817 104,927 8106713 571007 Information Technology 21,008 24,132 27,828 58,594 86,923 28,329 8106713 571009 Central Services - - - - - -
8106713 571011 Fleet Maintenance 155,295 176,150 201,348 200,896 204,479 3,583 Total Internal Service 409,415 491,660 575,388 606,155 839,691 233,536 Total Expenses 7,765,597 3,436,921 3,842,325 3,574,796 4,556,228 981,432 38

Page 56 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 451 of 1168 Indio Water Authority
FY 2022-2023
6713 - Water Distribution
Org
Code
Object
Code Account Description Comments
Proposed
FY 2022-23
Salaries & Benefits
8106713 511008 Regular Pay 1,399,668
8106713 511016 Overtime -
8106713 512005 Uniform Allowance 17,568
8106713 513013 Medical Insurance 267,934
8106713 513004 PERS-Employer 388,143
8106713 514005 Social Security 108,412
8106713 512017 Life Insurance 2,106
8106713 512021 LT Disability 5,385
Subtotal 2,189,216
Operations
Services & Supplies
8106713 521068 Other Gov Agency Services 10,000
8106713 521036 City Payroll Charges 2,189,216
8106713 523015 Outside Repair & Maintenance
Outside labor, Repairs, Maintenance
including: Specialty Concrete Repairs,
Distribution repairs and Welding. 60,000
8106713 524028 Travel & Training Tri-State and AWWA conferences 8,000 Distribution Operator Training 4,000 12,000
8106713 531066 Dues & Publications Certifications 2,000 8106713 524006 Cell Phones -
8106713 524024 Rental & Leases Sweeper, White Cap, Elms & Hub 10,000 8106713 524022 Printing & Reproduction -
8106713 531060 Small Tools & Equipment Replacement Tools & Equipment 25,000 8106713 531072 Backflow Supplies 15,000
8106713 531075 Water Meters Development Meters 200,000
Meter Change Out Program 150,000
8106713 531054 R&M Other
Repairs for water leaks and breaks-
copper ductile, iron pipe, fittings,
asphalt, base and misc. materials. 300,000
8106713 531033 Office Supplies -
8106713 531057 Safety Equipment
Equipment for safety -CAL/OSHA
Requirements. 11,000
Total Services & Supplies 2,984,216
Fixed Assets
8106713 554002 Improvements Non Building Service Connection Grant 137,321 Emergency Pipeline Repair 200,000
Value Replacement Program 50,000 387,321
8106713 555005 Machinery & Equipment Annual ERICA Payment to City 245,000 8106713 555003 Other Machinery & Equipment Advance Metering -Infrastructure 100,000 Total Fixed Assets 732,321
Internal Service
8106713 571003 Risk Management 379,472
8106713 571005 Building 168,817
8106713 571007 Information Technology 86,923
8106713 571011 Fleet Maintenance 204,479
Total Internal Service 839,691
Total Expenditures 4,556,228
39

Page 57 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 452 of 1168 Indio Water Authority
Operating Fund Detail by Division
FY 2020-21
Actual
Total
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Water Authority Fund: 810
Budget Unit: Finance Department: 6714
Function: Finance & Customer Service
Salaries and Benefits 1,014,206 750,373 1,100,645 -
Services and Charges 533,688 497,900 851,300 -
Materials and Supplies 4,080 - - -
Fixed Assets - - - -
Internal Service Fees 266,094 192,002 332,398 -
Transfers to Other Funds - - - -
Total Expenditures/Appropriations 1,818,068 1,440,275 2,284,343 - Funded Positions:

Manager of Finance & Customer Service 1.00 - - -
Finance Manager - 1.00 1.00 -
Senior Accountant 1.00 1.00 1.00 -
Senior Acounting Tech 1.00 1.00 1.00 -
Accounting Tech II 2.00 2.00 3.00 -
Accounting Tech I 2.00 1.00 - -
Senior Customer Service Tech 1.00 - 1.00 -
Customer Service Tech II 3.00 - 3.00 -
Customer Service Tech I - - - -

11.00 6.00 10.00 -
The Finance and Customer Service Division establishes new water services, records customer water consumption, generates utility statements, and maintains accurate account records. Responsibilities include: budget preparation and development, accounting , auditing, financial reporting, debt management, and revenue collection.

Appropriation Category
Schedule 6
40

Page 58 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 453 of 1168 Indio Water Authority
FY 2022-23
6714 - Finance & Customer Service
Account Actual Actual Actual Budget Proposed Change
Org Code Object Code Description FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Salaries & Benefits
8106714 511008 Regular Pay 536,216 639,184 693,712 502,262 715,184 212,922 8106714 511012 Part-Time Salaries 21,854 21,583 - - -
8106714 511016 Overtime 8,412 2,025 8 - -
8106714 511024 Call Back - - - - -
8106714 511032 Standby - - - - -
8106714 512005 Uniform Allowance - - - - -
8106714 512013 Medical Insurance 122,205 128,638 129,560 66,866 129,404 62,538 8106714 511044 Comp/Vacation Cash Out 4,884 5,574 8,484 - - - 8106714 513004 PERS -EMPLOYER 183,523 177,885 129,560 140,265 197,551 57,286 8106714 514005 Social Security 66,586 49,844 49,542 38,423 54,708 16,285 8106714 512017 Life Insurance 1,188 840 827 648 1,080 432 8106714 512021 LT Disability 2,077 2,437 2,513 1,909 2,718 809 Subtotal 946,945 1,028,010 1,014,206 750,373 1,100,645 350,272 Operations
8106714 521012 Auditing Services 2,371 1,455 15,000 15,000 15,000 - 8106714 521064 Consulting Services 4,854 5,054 30,000 30,000 30,000 - 8106714 521064 Professional Services 50,483 29,750 - - 350,000 350,000 8106714 521036 Contract Labor 30,667 9,437 - - - -
8106714 521036 City Payroll Charges 946,945 1,028,010 1,014,206 750,373 1,100,645 350,272 8106714 521016 Banking Services 257,168 238,735 279,537 200,000 200,000 - 8106714 521024 Collection Services - 4,861 6,635 5,000 5,000 - 8106714 524028 Training 2,189 1,792 - 13,700 13,700 - 8106714 540015 Meetings - 60 - 600 600 -
8106714 531066 Dues & Publications ( Cert) - 170 600 600 - (600) 8106714 524020 Postage & Freight 119,980 129,833 144,466 150,000 155,000 5,000 8106714 524002 Advertising 9,199 6,523 141 10,000 10,000 - 8106714 524022 Printing and Reproduction 60,754 53,627 47,308 63,000 62,000 (1,000) 8106714 540027 Outreach Activities - 5,000 10,000 10,000 10,000 - 8106714 540990 Bad Debt Expense 141,082 92,720 - - - -
Total Services & Charges 1,631,007 1,607,026 1,547,894 1,248,273 1,951,945 703,672 8106714 531060 Small Tools & Equipment 418 1,195 4,080 - - - Total Supplies 418 1,195 4,080 - - -
Subtotal 1,631,425 1,608,221 1,551,974 1,248,273 1,951,945 703,672 Internal Service
8106714 571003 Risk Management 199,367 165,120 161,388 94,258 194,601 100,343 8106714 571005 Buildings 40,808 47,143 39,048 21,297 35,291 13,994 8106714 571007 Information Technology 21,645 16,088 16,116 19,531 44,576 25,045 8106714 571009 Central Services - - - - - -
8106714 571011 Fleet Maintenance 47,155 49,905 49,542 56,916 57,930 1,014 Total Internal Service 308,975 278,255 266,094 192,002 332,398 140,396 Total Expenses 1,940,399 1,886,476 1,818,068 1,440,275 2,284,343 844,068 41

Page 59 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 454 of 1168 Indio Water Authority
FY 2022-2023
6714 - Finance & Customer Service
Org
Code
Object
Code Account Description Comments
Proposed
FY 2022-23
Salaries & Benefits
8106714 511008 Regular Pay 715,184
8106714 511012 Part-time Salaries -
8106714 512013 Medical Insurance 129,404
8106714 513004 PERS Employer 197,551
8106714 514005 Social Security 54,708
8106714 512017 Life Insurance 1,080
8106714 512021 LT Disability 2,718
Subtotal 1,100,645
Services & Supplies
8106714 521012 Auditing Services Audit Services 15,000
8106714 521064 Professional Service Chrome 6 Fee Impact Study 100,000 Bonding for Chrome 6 Infrastucture Study 100,000
Fixed Tier Rate Model Update (218 Efforts) 100,000
Misc Fee Cost of Service Update 50,000 350,000
8106714 521064 Consulting Services SunGard Modifications 20,000 Infosend Bill prep, Final, Regular,
Delinquency 10,000 30,000
8106714 521036 City Payroll Charges 1,100,645
8106714 521016 Banking Services Brinks Pickup Service 5,000 Qrtly Transaction Fees-Union Bank 100,000
Monthly Merchant Fees-Credit Cards 95,000 200,000
8106714 521024 Collection Services 5,000
8106714 524028 Travel & Training Tyler Munis Training 4,000 Tyler Connect (3 x $795 Plus Travel) 4,000
Neptune Connect (3 x $295 Plus Travel) 1,800
Webinars, Local seminars or luncheons 1,500
3 CSMFO Annual Conference 2,400 13,700
8106714 540015 Meetings Local Chapter CSMFO Meeting 600 8106714 531066 Dues & Publications
8106714 524020 Postage & Freight Infosend Water Bill Postage 155,000 8106714 524002 Advertising Bill Inserts & Messaging 10,000 8106714 524022 Printing & Reproduction
After Hours Field work orders, door Tags,
Business Cards, Manual payment Receipts 7,000
Check stock for accounts payable 5,000
Infosend Bill Printing - Regular Bills, Final
Notices, Delinquent Notices, Bill Inserts 50,000 62,000 8106714 540027 Promotional Activities Customer Assistance Program 10,000 Total Services & Supplies 1,951,945
Internal Service
8106714 571003 Risk Management 194,601
8106714 571005 Building 35,291
8106714 571007 Information Technology 44,576
8106714 571011 Fleet Maintenance 57,930
Total Internal Service 332,398
Total Expenditures 2,284,343
42

Page 60 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 455 of 1168 Indio Water Authority
Operating Fund Detail by Division
FY 2020-21
Actual
Total
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Water Authority Fund: 810
Budget Unit: Administration Department: 6715
Function: Information Technology
Salaries and Benefits - - - -
Services and Charges 445,273 850,000 912,371 -
Materials and Supplies 15,230 19,500 19,750 -
Fixed Assets 50,819 84,000 60,000 -
Internal Service Fees 255,676 225,158 246,440 -
Transfers to Other Funds - - - -
Total Expenditures/Appropriations 766,999 1,178,658 1,238,561 - Funded Positions:

No Funded Positions - - - -
- - - -
Information Technology (IT) Unit was established in FY 2012-13 and is responsible for the administration and coordination of the Authority's computer systems, including the Geographic Information System (GIS), and Supervisory Control and Data Acquisition (SCADA). The IT Unit provides ongoing support for future planning, employee technical training, and coordinates related services with contract consultants. Information systems supported by IT include:
telephones, cell phones, ERICA radio communication system, voice-mail, routers, switches, VPN, and firewalls. IT also maintains internet and intranet connections including the monitoring and security of IWA's computer network data traffic.

Appropriation Category
Schedule 6
43

Page 61 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 456 of 1168 Indio Water Authority
FY 2022-23
6715 - Information Technology
Account Actual Actual Actual Budget Proposed Change
Org Code Object Code Description FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Salaries & Benefits
8106715 511008 Regular Pay 161,074 - - - - -
8106715 511016 Overtime - - - - - -
8106715 512013 Medical Insurance 25,760 - - - - -
8106715 511044 Comp/Vacation Cash Out - - - - - -
8106715 513004 PERS -EMPLOYER 44,932 - - - - -
8106715 514005 Social Security 14,112 - - - - -
8106715 512017 Life Insurance 216 - - - - -
8106715 512021 LT Disability 532 - - - - -
Total Payroll 246,626 - - - - -
Operations
8106715 521064 Consulting Services 8,562 - - 15,000 25,000 10,000 8106715 521064 Professional Services 92,421 12,104 126,555 425,000 457,371 32,371 8106715 521036 Contract Labor - - - 2,000 2,000 - 8106715 521036 City Payroll Charges 246,626 - - - - -
8106715 523015 Repairs & Maintenance - 1,321 3,618 8,000 13,000 5,000 8106715 524028 Training 3,851 1,808 5,490 10,000 10,000 - 8106715 531066 Dues & Publications ( Cert) 130 - - - - - 8106715 524026 Telephones 2,525 2,549 2,471 - - -
8106715 524006 Cell Phones 15,407 19,659 23,114 25,000 25,000 - 8106715 524024 Rentals and Leases 66,769 68,097 72,207 80,000 80,000 - 8106715 524022 Printing & Reproduction 436 3,205 - - - - 8106715 531018 Software Non-Capital 184,836 255,638 211,819 285,000 300,000 15,000 Total Services & Charges 621,562 364,382 445,273 850,000 912,371 62,371 8106715 531060 Small Tools & Equipment 26,887 30,178 14,981 19,000 19,000 - 8106715 531033 Office Supplies 2,237 391 249 500 750 250 Total Supplies 29,124 30,568 15,230 19,500 19,750 250 8106715 555005 Machinery & Equipment 137,943 58,547 47,053 66,000 40,000 (26,000) 8106715 555011 Computer Equipment 17,823 15,687 3,767 18,000 20,000 - 8106715 555003 Other Machinery & Equipment 29,549 - - - - - Total Fixed Assets 185,315 74,234 50,819 84,000 60,000 (26,000) Subtotal 836,001 469,184 511,323 953,500 992,121 36,621 Internal Service
8106715 571003 Risk Management 23,455 457 - - - -
8106715 571005 Buildings 4,801 5,546 - - - -
8106715 571007 Information Technology 2,546 251,939 252,640 222,123 243,351 21,228 8106715 571009 Central Services - - - - - -
8106715 571011 Fleet Maintenance 2,514 2,661 3,036 3,035 3,089 54 8106715 571011 Vehicle Replacement - - - - -
Total Internal Service 33,316 260,603 255,676 225,158 246,440 21,282 Total Expenses 869,317 729,787 766,999 1,178,658 1,238,561 57,903 44

Page 62 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 457 of 1168 Indio Water Authority
FY 2022-2023
6715 - Information Technology
Org
Code
Object
Code Account Description Comments
Proposed
FY 2022-23
Services & Supplies
8106715 521064 Consulting Services 25,000
8106715 521064 Professional Services Offsite Cloud Backup 25,000 UN Deployment/Hydraulic Modeling System 332,371
Utility Network Implementation 100,000 457,371
8106715 521036 Contract Labor Low Voltage Contractor 2,000 8106715 523015 Repair & Maintenance
UPS Maintenance, Wire Repair and
Maintenance 13,000
8106715 524028 Travel & Training
Industry convergences, MISAC Meetings,
Cityworks, Jupper, Cisco Training 10,000
8106715 524008 Cell Phones 25,000
8106715 524024 Rentals & Leases 80,000
8106715 531018 Software Non-Capital
Annual Software Maintenance Departmental
Applications 300,000
8106715 531060 Small Tools & Equipment
Physical Hardware Tools to Repair and Test
equipment (e.g. dial tone devices) Software
tools for trouble shooting systems (Vmware
Apps, etc.) 8,000
Peripherals and Cables 2,000
Scanner, Printers, Speakers, Thumb Storage
Drives, Monitor Stands, etc 7,000
Computer parts (keyboards, mouse, etc.) 2,000 19,000
8106715 531033 Office Supplies Miscellaneous 750
Total Services & Supplies 932,121
Fixed Assets
8106715 554002 Improvements Non-Building -
8106715 555005 Machinery & Equipment
Back Haul Radio Upgrades & Replace 30,000
SCADA Network Security Implementation 10,000 40,000
8106715 Computer Equipment
Desktop Replacements 6,000
Laptops Replacements 14,000 20,000
Total Fixed Assets 60,000
Internal Service
8106715 571003 Risk Management -
8106715 571005 Building -
8106715 571007 Information Technology 243,351
8106715 571011 Fleet Maintenance 3,089
Total Internal Service 246,440
Total Expenditures 1,238,561
45

Page 63 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 458 of 1168 Indio Water Authority
Operating Fund Detail by Division
FY 2020-21
Actual
Total
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Water Authority Fund: 810
Budget Unit: Engineering Department: 6716
Function: Engineering
Salaries and Benefits 746,389 891,367 943,487 -
Services and Charges 187,510 400,500 137,500 -
Materials and Supplies 11,000 11,000 11,000 -
Fixed Assets - 25,000 25,000 -
Internal Service Fees 124,932 141,888 171,604 -
Transfers to Other Funds - - - -
Total Expenditures/Appropriations 1,069,831 1,469,755 1,288,591 - Funded Positions:

Asst. GM of Eng, & Water Resources 1.00 1.00 1.00 -
Senior Engineer 1.00 1.00 1.00 -
Associate Engineer 1.00 1.00 1.00 -
Water Operation Inspector II 1.00 1.00 1.00 -
Water Utility Specialist - - - -
Engineering Techncian II - 1.00 2.00 -
Engineering Technician I 1.00 1.00 - -
Senior Accounting Technician - - - -

5.00 6.00 6.00 -
The Engineering Division is responsible for designing and building water infrastructure improvements to ensure adequate water supply and pressure for the current and future needs of the City of Indio. Water is sampled weekly to ensure water quality and ongoing reporting is completed to outside environmental agencies.

Appropriation Category
Schedule 6
46

Page 64 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 459 of 1168 Indio Water Authority
FY 2022-23
6716 - Engineering
Account Actual Actual Actual Budget Proposed Change
Org Code Object Code Description FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Salaries & Benefits
8106716 511008 Regular Pay 258,946 408,788 462,750 581,307 606,711 25,404 8106716 511012 Part-Time Salaries 13,600 - - - - - 8106716 511016 Overtime 19,887 3,343 3,121 - - - 8106716 511024 Call Back 4,742 198 596 - - -
8106716 511032 Standby 11,818 7,521 10,534 - - - 8106716 512003 Auto Allowance - 4,500 4,450 6,000 6,000 - 8106716 512005 Uniform Allowance 7,320 2,961 2,979 1,464 1,464 - 8106716 512013 Medical Insurance 102,410 69,163 72,984 93,984 114,632 20,648 8106716 511044 Comp/Vacation Cash Outs 13,151 6,510 11,089 - - - 8106716 513004 PERS-EMPLOYER 175,756 114,411 141,023 162,255 166,250 3,995 8106716 514005 Social Security 55,793 30,501 34,673 43,472 45,448 1,976 8106716 512017 Life Insurance 864 356 378 648 648 -
8106716 512021 LT Disability 1,991 1,488 1,813 2,237 2,334 97 Subtotal 666,278 649,740 746,389 891,367 943,487 52,120 Operations
8106716 521064 Professional Services 385,080 283,836 31,880 120,000 120,000 - 8106716 521064 Contract Labor - 206,897 - - - -
8106716 521068 Outside Gov Agencies 20,634 179,640 149,434 263,000 5,000 (258,000) 8106716 521036 City Payroll Charges 666,278 649,740 746,388 891,367 943,487 52,120 8106716 524028 Training 4,184 10,429 4,084 8,000 8,000 - 8106716 531066 Dues & Publications ( Cert) 80 1,177 - 1,000 1,000 - 8106716 524020 Postage & Freight 67 - - 500 500 -
8106716 524002 Advertising 6,299 11,001 2,113 5,000 - (5,000) 8106716 524022 Printing & Reproduction 2,618 160 - 3,000 3,000 - Total Services & Charges 1,085,239 1,342,878 933,899 1,291,867 1,080,987 (210,880) 8106716 531060 Small Tools & Equipment 3,025 2,057 300 5,000 5,000 - 8106716 531033 Office Supplies 586 80 - 4,000 4,000 -
8106716 531057 Safety Equipment 2,737 236 736 2,000 2,000 - Total Supplies 6,348 2,374 11,000 11,000 11,000 - 8106716 555005 Non-Building Improvements - - - 25,000 25,000 - Total Fixed Assets - - - 25,000 25,000 -
Subtotal 1,091,587 1,345,252 944,899 1,327,867 1,116,987 (210,880) Internal Service
8106716 571003 Risk Management 105,547 136,419 88,032 94,258 116,761 22,503 8106716 571005 Buildings 21,604 24,958 21,300 21,297 21,174 (123) 8106716 571007 Information Technology 11,459 13,407 8,784 19,531 26,745 7,214 8106716 571009 Central Services - - - - - -
8106716 571011 Fleet Maintenance 5,636 5,964 6,816 6,802 6,924 122 Total Internal Service 144,246 180,748 124,932 141,888 171,604 29,716 Total Expenses 1,235,833 1,526,000 1,069,831 1,469,755 1,288,591 (181,164) 47

Page 65 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 460 of 1168 Indio Water Authority
FY 2022-2023
6716 - Engineering
Org
Code
Object
Code Account Description Comments
Proposed
FY 2022-23
Salaries & Benefits
8106716 511008 Regular Pay 606,711
8106716 511012 Part-time Salaries -
8106716 511016 Overtime -
8106716 512003 Auto Allowance 6,000
8106716 512005 Uniform Allowance 1,464
8106716 512013 Medical Insurance 114,632
8106716 513004 PERS Employer 166,250
8106716 514005 Social Security 45,448
8106716 512017 Life Insurance 648
8106716 512021 LT Disability 2,334
Subtotal 943,487
Services & Supplies
8106716 521064 Professional Services Technical Advisory Eng. Support Svs. 120,000 8106716 521068 Outside Gov. Agencies CA Department of Public Health 5,000 8106716 521038 City Payroll Charges 943,487
8106716 524028 Travel & Training Other Conferences & Training 8,000 8106716 531066 Dues & Publications 1,000
8106716 524020 Postage & Freight Bids, Proposals & Returns 500 8106716 524022 Printing & Reproduction 3,000
8106716 531060 Small Tools & Equipment Engineering Tools 5,000 8106716 531033 Office Supplies 4,000
8106716 531057 Safety Equipment 2,000
Total Services & Supplies 1,091,987
Fixed Assets
8106716 555005 Non-Building Improvements Hydraulic Model Maintenance 25,000 Total Fixed Assets 25,000
Internal Service
8106716 571003 Risk Management 116,761
8106716 571005 Building 21,174
8106716 571007 Information Technology 26,745
8106716 571011 Fleet Maintenance 6,924
Total Internal Service 171,604
Total Expenditures 1,288,591
48

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Debt Service Fund Detail
FY 2020-21
Actual
Total
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Debt Service Fund: 810
Budget Unit: N/A Department: Water Debt Service
Interest Earnings - - - -
Revenue - - - -
Transfer-In - - - -
Total Revenue - - - -
Services and Charges - - - -
Principal 2,055,000 2,155,000 2,260,000 -
Interest 2,102,613 1,999,863 1,892,114 -
Fiscal Agent Expenses 12,000 12,000 12,000 -
Transfers to other Funds - - - -
Total Expenditures/Appropriations 4,169,613 4,166,863 4,164,114 - Funded Positions:

No Funded Positions
- - - -
Appropriations by Department
On June 2, 2015, the Indio Water Authority (IWA) issued $60,215,000 of Water Revenue Bonds. The 2015 bond issue refunded the outstanding bonds from the 2006 bond issue. In addition to refunding the 2006 bond issue, the 2015 bond issue generated approximately $4.9 million in new proceeds to fund necessary project improvements to insure treatment of Chromium 6 to the required maximium contanment level. The Bonds are paid from IWA net revenues and from certain funds held under the indenture. The Water Authority has an A rating from Standards and Poor's which makes utilizing bond financing to fund large capital projects an efficient method to do so. Bond utilization allows the Water Authority to maintain flexibility in managing cash flow to cover internal and external costs and achieving a smoothing effect on water rates.

Schedule 7
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FY 2022-23
6720- Debt Service
Account Actual Actual Actual Budget Proposed Change
Org Code Object Code Description FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 8106720 561003 Principal Expense 1,930,000 1,980,000 2,055,000 2,155,000 2,260,000 105,000 8106720 561006 Interest Expense 2,260,855 2,209,696 2,102,613 1,999,863 1,892,114 (107,749) 8106720 561009 Fiscal Agent Expense 4,175 5,906 12,000 12,000 12,000 - Subtotal 4,195,030 4,195,602 4,169,613 4,166,863 4,164,114 ( 2,749) Total Expenses 4,195,030 4,195,602 4,169,613 4,166,863 4,164,114 ( 2,749) 50

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Fiscal Year 2022-2023 Budget

EQUIPMENT REPLACEMENT

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Equipment Replacement Fund Detail
FY 2020-21
Actual
Total
FY 2021-22
Final
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Equipment Replacement Fund Fund: 6725
Budget Unit: Administration
Interest Earnings - - - -
Revenue 86,297 500,000 500,000 -
Transfer-In From Fund 10 - - - -
Total Revenue 86,297 500,000 500,000 -
Salaries and Benefits - - - -
Services and Charges - - - -
Materials & Services - - - -
Fixed Assets 86,297 500,000 500,000 -
Internal Service Fees - - - -
Transfers to Other Funds - - - -
Total Expenditures/Appropriations 86,297 500,000 500,000 - Funded Positions:

No Funded Positions - - - -
- - - -
Appropriations by Department
Equipment replacement fund is used to fund the replacement of capital assets and equipment The Manager of Fleet Services has identified assets that are in need of replacement.

Schedule 8
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Fiscal Year 2022-2023 Budget

CAPITAL IMPROVEMENTS

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Capital Project Fund Detail
FY 2020-21
Actual
FY 2021-22
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Water Capital Program Fund: 812
Budget Unit: Indio Water Authority
Interest Earnings - -
Transfer-In Reveneue - 1,348,545 4,171,900 2,610,000 Reimbursements - - - -
Total Revenue
-
1,348,545 4,171,900 2,610,000
Administrative Charges - - - -
Services and Supplies - - - -
Fixed Assets - 1,348,545 4,171,900 2,610,000 Internal Service Transfers - - - -
Transfers to Other Funds - - - -
Total Expenditures/Appropriations: - 4,171,900 2,610,000 1,348,545 Funded Positions:

No Funded Positions - - - -
- - - -
Appropriation Category
The Water Capital Program Fund is used to upgrade, repair, and maintain water system infrastucture. 52

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FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27
Estimated Beginning Fund Balance -$ -$ -$ -$ -$ Transfer-In 2,610,000 2,091,000 8,225,000 10,025,000 4,850,000 Less Operational Expenses - - - - -
Total Available Resources 2,610,000 2,091,000 8,225,000 10,025,000 4,850,000 Plant 4 BPS Upgrade 200,000 - - - -
Plant 2 BPS Replacement 450,000 750,000 1,250,000 2,000,000 - Westward Ho Dr. Stormwater Channel Crossing 100,000 100,000 1,500,000 1,500,000 - Terra Lago PRV Upgrade 50,000 - - - -
Water Facility Building Replacement - - 300,000 300,000 300,000 Well Rehabilitation Program - - - 400,000 -
Hexavalent Chromium Well Treatment 400,000 350,000 4,000,000 4,000,000 4,000,000 Plant 1 Interior Aluminum Stairway 100,000 292,000 - - - Meter Changeout Program - - - 750,000 -
Bridge Seismic Connections 200,000 - - - -
Bridge and Canal Pipeline Coatings 50,000 50,000 50,000 50,000 - Reservoir Exterior Coatings - - - 400,000 -
Reservoir Safety Rails/Outside Stairway - 25,000 25,000 25,000 - Reservoir 4 Flush Cleanout/Manway 10,000 24,000 - - -
Emergency Intertie Connections - - 50,000 50,000 -
Cross-Connection Program 50,000 50,000 50,000 50,000 50,000 Pipeline Replacement Program 850,000 300,000 850,000 350,000 350,000 Hydrant Replacement Program 150,000 150,000 150,000 150,000 150,000 Total Project Costs 2,610,000 2,091,000 8,225,000 10,025,000 4,850,000 Estimated Ending Fund Balance -$ -$ -$ -$ -$
Indio Water Authority
Capital Improvement Program
Water Capital Program
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Fund 812 – FY 22-23 Operating/Rate Revenue
Fund Projects: $2,610,000
Plant 4 Booster Pump Station (BPS) Upgrade
Project Location: North-West corner of Avenue 46 and Shields Road Project Scope: Construction Phase – The project will increase Plant 4 Booster Pump Station’s capacity and add a new pump motor. The project does not include building improvements. This project will provide improved operational flexibility and reliability to the Western part of the distribution system.

Schedule: Fall 2022 – Spring 2023
Budget: FY 22-23: $200,000. Total Project Budget: $200,000 54

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Plant 2 Booster Pump Station Replacement
Project Location: North-West corner of Monroe Street and Crown Way Project Scope: Design Phase – The project will consist of design of a full replacement of the existing booster pump station at Plant 2. The booster pump station is near its useful life. This project will provide reliability and improved fire flow capacity and pressure to the distribution system.

Schedule: Fall 2022 – Spring 2025
Budget: FY 22-23: $450,000. Total Project Budget: $4,450,000 55

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Westward Ho Dr. Stormwater Channel Crossing Pipeline
Project Location: East of Jefferson St., along Westward Ho Drive Project Scope: Design Phase – The purpose of this project is to install an 18-inch pipeline across the C oachella Storm Water C hannel next to IWA’s Plant 4 reservoir and pump station facility. The existing 10-inch pipeline crossing the channel was exposed during the February 2019 storm events. The purpose of this project is safeguard the systems infrastructure through the storm channel, and improve fi re flow capacity and system reliability in western portion of the distribution system.

Schedule: Fall 2022 – Spring 2026
Budget: FY 22-23: $100,000. Total Project Budget: $3,200,000 56

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Terra Lago Pressure Reducing Valve Upgrade
Project Location: Northern part of the distribution system, within Terra Lago Project Scope: Planning Phase – The project wi ll consist of studying a high -pressure area within Terra Lago development and determine pressure-reducing requirements with recommendations that may include a pressure-reducing valve upgrade.

Schedule: Fall 2022 – Spring 2023
Budget: FY 22-23: $50,000. Total Project Budget: $50,000 57

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Hexavalent Chromium Well Treatment
Project Location: Multiple Well site locations throughout the IWA service area Project Scope: The State Water Resources Control Board previously imposed a Maximum Contaminant Level (MCL) for Hexavalent Chromium (Cr6) in 2015. IWA installed wellhead treatment units at three of the City’s groundwater wells to remove Cr 6 and meet the MCL.

The available wellhead treatment for Chromium 6 removal is strong base anion (SBA) exchange resins and requires a substantial capital and operational investment to operate.

The state rescinded the MCL in May of 2017, and will likely reinstate the MCL in early 2023.

IWA recommends a total of $ 400,000 for FY 202 2-23 for preliminary design of SBA exchange treatment at multiple wellhead facilities.

Schedule: Fall 2022 – Spring 2023
Budget: FY 22-23: $400,000. Total Project Budget is approximately $35 Million. 58

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Pipeline Replacement Program
Project Location: Multiple pipeline locations throughout the IWA Service Area Project Scope: Replace pipelines in areas with the greatest need such as pipe upsize or very low pressures. This is part of a 1 0-year program for replacement of pipelines throughout the entire distribution system. The pipeline replacement project will help IWA to be able to provide fire flow capacity and adequate pressure across the distribution system.

Schedule: Fall 2022 – Spring 2032
Budget: FY 22-23: $850,000. Total Programmatic Budget: $4,000,000 59

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Hydrant Replacement Program
Project Location: Multiple locations throughout the IWA Service Area Project Scope: As part of the hydrant replacement program, IWA will replace up to 150 hydrants over a period of 10 years. IWA reviewed the system wide inventory of older dry- barrel hydrants. Approximately 300 exist in the distribution system. When operated, the risk of the dry -barrel hydrant malfunctioning increased over time. At this time, IWA recommends replacement of the dry-barrel hydrants to the most current hydrant standards to ensure reliability for fire protection.

Schedule: Fall 2022 – Spring 2032
Budget: FY 22-23: $150,000. Total Programmatic Budget: $1,500,000 60

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Capital Project Fund Detail
FY 2020-21
Actual
FY 2021-22
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Fund: 321
Budget Unit:

Interest Earnings (11,395) 20,000 20,000 -
Impact Fee Revenue 837,238 630,000 680,000 - Reimbursements - - - -
Total Revenue 825,843 650,000 700,000 - Administrative Charges 15,000 15,000 15,000 -
Services and Supplies 5,387 200,000 300,000 - Fixed Assets - - - -
Internal Service Transfers - - - -
Transfers to Other Funds - - - -
Total Expenditures/Appropriations: 20,387 215,000 315,000 - Funded Positions:

No Funded Positions - - - -
- - - -
Appropriations by Department
As of March 1, 2013 ,a Supplemental Water Supply Fee is assessed on development projects in the City of Indio. The fee provides a framework to alleviate the strain on IWA's groundwater supply and is based on future water demands for new developments. Funds will be used to pursue the development of recycled water for future growth in Indio through indirect potable water reuse through injection. In fiscal year 2016-17, IWA began a recycled water project design. 61 Supplemental Water Supply Fee
Indio Water Authority

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FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27
Estimated Beginning SWS Fund Balance 6,734,209$ 7,069,209$ 6,869,209$ 6,669,209$ 6,469,209$ New Revenues 650,000 - - -
Less Operational Expenses (15,000) - - - -
Total Available Resources 7,369,209 7,069,209 6,869,209 6,669,209 6,469,209 EVRA Recycled Water Project 200,000 200,000 200,000 200,000 200,000 Supplemental Water Supply Fund Study 100,000
Total Project Costs 300,000 200,000 200,000 200,000 200,000 Estimated Ending Fund Balance 7,069,209$ 6,869,209$ 6,669,209$ 6,469,209$ 6,269,209$ Indio Water Authority
Capital Improvement Program
Supplemental Water Supply Fund
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Fund 321 – Supplemental Water Supply Fund
Projects: $200,000 [FY 22-23]
EVRA Recycled Water Project Study
Project Location: Valley Sanitary District main yard location at 45500 Van Buren St, Indio, CA
Project Scope: On December 2013, the Indio Water Authority (IWA) and the Valley Sanitary District (VSD) formed the Joint Exercise of Powers Agreement for EVRA, with the mission of augmenting local water resources by maximizing beneficial water reuse. The purpose of the Joint Powers Authority is to develop and implement a planni ng, programming, funding, construction and operation strategy for a recycled water project or portfolio of projects.

For FY 2022-23, EVRA will collaborate with regulatory agencies to seek the services of a consulting firm to explore irrigation and percolat ion projects adjacent to the VSD waste water treatment facility.

Schedule: Fall 2022 – Spring 2023
Budget: FY 22-23: $200,000. Total Program Budget: TBD 63

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Capital Project Fund Detail
FY 2020-21
Actual
FY 2021-22
Budget
FY 2022-23
Recommended
Budget
FY 2022-23
Adopted
Budget
Fund Group: Fund: 310
Budget Unit:

Interest Earnings (15,312) 10,000 10,000 -
Impact Fee Revenue 952,053 740,000 790,000 - Reimbursements - - - -
Total Revenue 936,740 750,000 800,000 - Administrative Charges 30,000 30,000 30,000 -
Services and Supplies - - - -
Fixed Assets 29,149 250,000 250,000 -
Internal Service Transfers - - -
Transfers to Other Funds - - -
Total Expenditures/Appropriations: 59,149 280,000 280,000 - Funded Positions:

No Funded Positions - - -
- - -
Appropriation Category
Water Development Impact Fee Fund accounts for fees collected from developers and the costs associated with the construction of water facilities and water mains. Projects are Adopted and coordinated by IWA.
64 -
-
Water Development Impact Fees
Indio Water Authority

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FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27
Estimated Beginning CIP Fund Balance 8,155,053$ 8,625,053$ 6,625,053$ 4,625,053$ 2,625,053$ New Revenues 750,000 - - -
Less Operational Expenses (30,000) - - - -
Total Available Resources 8,875,053 8,625,053 6,625,053 4,625,053 2,625,053 Indio Hills Main Zone 3.5 MG Reservoir - - - - -
New Main Zone Indio Hills Reservoir Pipeline - - - - -
Madison Avenue Pipe Looping - - - - -
Jefferson Street Pipe Looping 1 - - - - -
Avenue 50 and Madison St Pipe Installation - - - - -
New IWA Well Drilling and Equipping 250,000 2,000,000 2,000,000 2,000,000 2,000,000 Madison and Monroe Pipe Looping - - - - -
Well 13B Equipping - - - - -
Total Costs 250,000 2,000,000 2,000,000 2,000,000 2,000,000 Estimated Ending Fund Balance 8,625,053$ 6,625,053$ 4,625,053$ 2,625,053$ 625,053$ Indio Water Authority
Captial Improvement Program
Water Development Impact Fees
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Fund 310 – Capital Impact Water Fund Projects:
$250,000 - [FY 22-23]
De
velopment Impact New Well Drilling and Equipping
Project Location: Location will depend on hydrogeolog ical assessment/recommendation and Staff recommendations within IWA’s service area.

Project Scope: The purpose of this project is to drill a new production well to accommodate demand growth in the City of Indio. This new well will add 2,000 gallons per minute of production capacity to the distribution system. Well site location will be determined as part of the design phase of the project. IWA hired a consultant to prepare the plans and specifications to drill a new well in a location least likely to encounter natural occurring Chromium 6.

Schedule: Fall 2022 – Spring 2027
Budget: FY 22-23: $250,000. Total Project Budget: $5,000,000 66

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Fiscal Year 2022-2023 Budget

RESERVE FUNDS

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SUMMARY OF RESERVES
The Indio City Council adopted a new Reserve Policy on September 19, 2020. The Indio Water Authority (IWA) recognizes the importance of reserve levels and reserve uses. It is the intent of the reserve policy to clearly identify reserve categories and purposes; and set target levels for maintaining adequate reserves to mitigate current and future risks (e.g., revenue shortfalls, regulatory impacts, and unanticipated emergency expenses) and to ensure stable services and water rates.

A strong reserve policy sends a positive signal to the community of ratepayers, bondholders, rating agencies, and regulatory agencies that the Board of Commissioners is committed to the long -term financial health and viabilit y of the organization. Strong financial management and best practices dictate that the IWA maintains appropriate res

OBJECTIVES
The Reserve Policy was developed to address the following objectives:
 To establish a formal reserve policy that is consistent with organizational goals and objectives outlined in the IWA’s Long-Range Financial Plan.  To help stabilize finances, maintain financial flexibility and to continually adapt to change, and unanticipated events.
 To maintain the highest possible credit rating by maintaining consistent reserve levels.

OPERATING RESERVE
The purpose of the Operating Reserve is to accumulate sufficient reserves necessary to satisfy the operating cash flow demands and requirements of the IWA for approximately three (3) months. This Reserve is to bridge the timing of expenses with the anticipated receipt of corresponding revenue used for such expenditures. The Operating Reserve will help preserve credit worthiness and ensure adequate financial resources are available for timely payment of IWA operating obligations.

Target Fund Level: The target level of this reserve was established based upon the following general guidelines:
 The Operating Reserve will maintain a balance equal to 25% of Adopted Operating Budget Expenditures, unless otherwise directed by the Board of Commissioners at a public meeting.
 For the purpose of this policy, Budgeted Operating Expenditures include all expenditures associated with the following expenditure types:

1. Personnel Services

2. Professional Services
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3. Materials & Services

4. Internal Service Charges

5. Debt Service
Total Annual Operating Expenditure Budget X 25% = Annual Operating Reserve Amount

EMERGENCY RESERVE
The purpose of the Emergency Reserve is to accumulate sufficient financial reserves to rebuild vital infrastructure after a natural disaster and/or other emergency.

Target Fund Level: The target fund level for the Emergency Reserve is to maintain a balance at the beginning of each fiscal year, equal to a minimum of 2.5 percent of current net depreciated assets, unless otherwise directed by the Board of Commissioners at a public meeting. Current net depreciable assets include the following asset group:
 Structures and Improvements
 Machinery and Equipment
 Utility Infrastructure
 Vehicles
Calculation:

Noncurrent Assets:

Capital assets, being depreciated XXXX
Less Accumulated depreciation XXXX
Total Current Net Depreciation XXXX
Total Current Net Depreciation X 2.5% = Annual Emergency Reserve Amount (1) Funds will be allocated from unallocated fund balance at the beginning of FY 2022-23, pending the adoption of Recommended Budget at the June 15, 2022 City Council Meeting.
(2) Funds will be allocated from unallocated fund balance after the IWA Independent Annual Audit is finalized in late 2022.

Reserve Fund
Description
Target Level Current Balance Estimated FY
2022-23 Entry
Operating Reserve $6,401,549 (1) $6,000,000 $401,549
Emergency Reserve $3,900,000 (2) $3,820,000 $100,000 Total $10,301,549 $9,820,000 $501,549
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Fiscal Year 2022-2023 Budget

APPENDIX-GLOSSARY

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LIST OF ACRONYMS
ACWA – Association of California Water Agencies
AF (af) – Acre Foot (1af = 325,851 gallons of water)
AMP - Asset Management Plan
AQMD – Air Quality Management District
AWWA – American Water Works Association
BMP – Best Management Practices
CAFR – Comprehensive Annual Financial Report
CalPERS – California Public Employee’s Retirement System CCR – Consumer Confidence Report
ccf – 100 cubic feet (volume equal to approximately 748 gallons of water).

CDPH – California Department of Public Health
CEQA – California Environmental Quality Act
cf – cubic feet (volume equal to 7.48 gallons of water) CIP – Capital Improvement Project
CJPIA – California Joint Powers Insurance Authority
CVWD – Coachella Valley Water District
EOC – Emergency Operations Center
EOP – Emergency Operations Plan
EPA – Environmental Protection Agency (Federal)
ERP – Emergency Response Plan
EVRA – East Valley Reclamation Authority
FEMA – Federal Emergency Management Agency
FTE – Full-Time Equivalent (number of employees)
FY – Fiscal Year
GFOA – Government Finance Officers Association
GIS – Geographic Information System
GPM – Gallons Per Minute
IRWMP – Integrated Regional Water Management Plan
IT – Information Technology
IWA – Indio Water Authority
JPA – Joint Powers Authority
MCL – Maximum Contaminant Level
OPEB – Other Post-Employment Benefits
RAC – Replenishment Assessment Charge
SCADA – Supervisory Control and Data Acquisition
SOI – Sphere of Influence
TDB – To Be Determined
VPN – Virtual Private Network
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GLOSSARY
ACCRUAL BASIS OF ACCOUTING – The basis of accounting under which transactions are recognized when they occur, regardless of the timing of cash receipts and disbursements ADOPTED EXPENDITURE – The amount of expenditures approved by the Board of Directors to be spent during the fiscal year
ADOPTED REVENUE – The amount of revenues approved by the Board to be collected during the fiscal year
APPROPRIATION – A funding authorization made by the Board of Directors, which permits the IWA to incur obligations and to make expenditures of resources ASSETS – Resources owned or held by the Authority that have monetary value BOARD – Comprised of the City of Indio’s five elected City Council members with a rotating president, collectively acting as the legislative and policy-making body of the IWA BOND – A written promise to pay a specified sum of money, called the face value of principal amount, at a specified date or dates in the future, called the maturity date(s), together with periodic interest at a specified rate
BONDED DEBT – That portion of indebtedness represented by outstanding bonds BUDGET – A financial plan, for a specified period, of operations that matches all planned revenues and expenditures with the services provided to the residents of the City of Indio BUDGET DOCUMENT – The instrument used by the budget -making authority to present a comprehensive financial plan of operations to the IWA Board of Directors BUDGET MESSAGE – The opening section of the bu dget from the General Manager, which provides the Board and the public with a general summary of the most important aspects of the budget
BUDGET ORDINANCE – The official enactment by the IWA Board to legally authorize IWA staff to obligate and expend revenues
CAPITAL IMPROVEMENTS – Expenses related to the construction, rehabilitation and modernization of the Authority’s owned and operated infrastructure CAPITAL PROJECTS FUND – A fund created to account for financial resources to be used for the acquisition or the construction of major capital facilities or equipment. These expenditures are separate from regular operating items, such as salaries and office supplies CHARGES FOR SERVICES – Revenue from charges for all activities of the Authority 70

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DEBT SERVICE FUND – A fund established to account for the accumulation of resources for, and the payment of, long-term debt principal and interest DEPARTMENT – A major administrative org anizational unit of the Authority that indicates overall management responsibility for one or more divisions DEPRECIATION – The decrease in value of physical assets due to use and the passage of time; in accounting for depreciation, the cost of a fixed as set is prorated over the estimated service life of such an asset, and each year is charged with a portion of such cost; through this process, the entire cost of the asset is ultimately charged off as an expense; this is done in proprietary funds, which allows the calculation of net income for each fund DIVISION – A major administrative organizational unit of the IWA that indicates overall management responsibility for one or more activities
ENCUMBRANCE – The commitment of appropriated funds to purchase an item or service; to encumber funds means to set aside or commit funds for a future expenditure EXPENDITURES/EXPENSE – A decrease in the net financial resources of the IWA due to the acquisition of goods and services
FISCAL YEAR – A 12-month period to wh ich the annual operating b udget applies; the Indio Water Authority has specified July 1 through June 30 as its fiscal year FUND – An accounting entity with a self -balancing set of accounts that record financial transactions for specific activities or government function FUND BALANCE – The excess of assets over liabilities
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) – Accounting and financial reporting standards, conventions, and practices that have authoritative support from standards-setting bodies such as the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)
GOVERNMENTAL ACCOUNT ING STANDARDS BOARD (GASB) – National advisory board of accounting standards for public agencies. Identifies procedures, metho ds and standards for presenting the financial condition of public agencies GOALS – Broad, general statements o f each division’s desired community or organizational outcomes
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AGENDA ITEM #9.1
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INTEREST EARNINGS – The earnings from available funds invested during the year in US Treasury Bonds, government agencies and Certificates of Deposit

INTERNAL SERVICE FUND – This fund is used to account for the financing of goods and services provided by one department or agency to other departments or agencies of the City, or to other governments, on a cost reimbursement basis

LIABILITIES – Present obligations of the Authority arising from past events

MATERIALS AND SUPPLIES – Expendable materials and operating supplies necessary to conduct department activity

OPERATING TRANSFER – A transfer of revenues from one fund to another fund

OPERATING BUDGET – The annual budget and process that provides a financial plan for the operation of government and the provision of services for the year; excluded from the operating budget are capital projects, which are determined by a separate, but interrelated process

ORDINANCE – A formal legislative enactment by the governing board of a municipality; if it is not in conflict with any higher form of law such as a state statute or constitutional provision, it has full force and effect of law wit hin the boundaries of the municipality to which it applies; the difference between an ordinance and a resolution is that the latter requires less legal formality and has a lower legal status; revenue raising measures, such as the imposition of taxes, speci al assessments and service charges, universally require ordinances

PROGRAM – An activity or set of activities that provides a particular service to the citizens

PUBLIC HEARING – The portions of open meetings held to present evidence and provide information on both sides of an issue

REPLENISHMENT ASSESSMENT CHARGE (RAC) – An assessment collected and paid to Coachella Valley Water District (CVWD) based upon the amount of groundwater pumped by the Authority

RESERVE FUND – The Authority maintains six (6) reserve funds with varied funding levels as established by the Board of Directors. Reserves are prudent fiscal management tools with flexibility to continually adapt to change, ensure continued operational solvency, and preserve adequate levels of services

RTA - RESERVE – An account used to indicate that a portion of a fund balance is restricted to a specific purpose or not available for appropriation and subsequent spending

Page 94 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 489 of 1168 RESOLUTION – An order of a legislative body requiring less formality than an ordina nce or statute

RESTRICTED FUNDS – These funds are used to account for specific revenue s that are legally restricted from expenditure and are for particular purposes

REVENUE – Funds that the government receives as income

SPHERE OF INFLUENCE (SOI) – Is an area or region over which an organization or state exerts some kind of indirect cultural, economic, military or political domination.

Page 95 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 490 of 1168

CALIFORNIA NEWSPAPER SERVICE BUREAU
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D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the THE DESERT SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):

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100 CIVIC CENTER MALL
INDIO, CA 92201

HRG NOTICE OF HEARING
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BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
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Ad Description:

COPY OF NOTICE
3592234
!A000006032416!
An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

CITY OF INDIO

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
the City Council of the City of
Indio, will hold a public hearing
on Wednesday, June 15, 2022
beginning at 5:00 p.m. The
public hearing will be held in
person at 150 Civic Center Mall,
Ind io, CA 92201 and via
teleconference. The public can
participate in the hearing
remotely and in person,
consistent with Government
Code Section 54953(e) (AB
361), to consider the following:

A Joint Resolution of the City
Council of the City of Indio and
the Indio Water Authority
Approving the Indio Water
Authority Capital Improvement
and Supplemental Water Supply
Programs for Fiscal Year 2022 -
2023
A Resolution of the Indio Water
Authority Adopting the Fiscal
Year 2022 -2023 Operating and
Capital Improvement B udget and
Authorizing Expenditures and
Appropriations Related Thereto
The Capital Improvement and
Supplemental Water Supply
Programs are planning
documents used by the Indio
Water Authority to identify capital
improvement and supplemental
water supply need s, to
coordinate funding and timing of
those needs based on the City
Council's direction and
anticipated funding availability.

The Operating and Capital
Improvement Budget consists of
the annual budget for the
Authority's expenditures.

City Council meeting s may be
viewed via Livestream,
Facebook Live, You Tube, or
Zoom.

Zoom webinar information to
view and participate is as
follows:

Zoom Link:
https://us02web.zoom.us/j/85226
069222?pwd=L2lMZDZ4YTZxcU
Erd01ZSnRZSlAyZz09
Webinar ID: 852 2606 9222
Passcode: 9220 1
Interested persons wishing to
express their views on the
hearing item(s) referenced above
may participate by providing oral
or written comments as follows:

Written Comments: Written
comments may be emailed to the
City Clerk at [email protected].

Commen ts will be distributed to
the City Council and posted on
the agenda portal. Written
comments will not be read during
public comment.

Oral Comments: Oral testimony
can be provided in person or
during the virtual live session.

Please use the “raise your hand ”
function on zoom in order to be
recognized by the City Clerk.

Accessibility Accommodation:

If you are an individual with a
disability and need a reasonable
modification or accommodation
pursuant to the Americans with
Disabilities Act, please contact
the City Clerk at
[email protected] 24 hours in
advance of the hearing for
assistance.

Publication Date: June 3, 2022
/s/ Sabdi Sanchez, CMC
City Clerk Administrator
6/3/22
CNS -3592234#

THE DESERT SUN

Page 96 of 96 ends

AGENDA ITEM #9.1
City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Re... Page 491 of 1168 City of Indio
City Council
June 15, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10296 to increase Solid Waste Charges for Residential and Commercial Customers for Fiscal Years 2022 -23 through 2026 -27; adopting Resolution No. 10297 Levying the Annual Waste Charges for Fiscal Year 2022- 23 and Ordering the Collection of the Residential Charges on the County Tax Roll for Fiscal Year 2022-23; Consideration of the Draft Amended and Restated Franchise Agreement between the City of Indio and Burrtec Waste and Recycling Services, LLC for Solid Waste Collection Service

RECOMMENDATION:

Adopt Resolution No. 10296 increasing Solid Waste Charges for Residential and Commerical Customers for Fiscal Years 2022 -23 through 2026 -27; adopt Resolution No. 10297 Levying the Annual Waste Charges for Fiscal Year 2022 -23 and Ordering the Collection of the Residential Charges on the County Tax Roll; and Approve the Draft Amended and Restated Franchise Agreement between the City of Indio and Burrtec Waste and Recycling Services, LLC for Solid Waste Collection Service.

SUMMARY:

Senate Bill 1383 (SB 1383) requires local governments to support the reduction of organic waste disposal in landfills through prescriptive regulations. The draft Amended and Restated Franchise Agreement includes SB 1383 services and programs that would meet some of these requirements. In addition, increases in solid waste rates that incorporate SB 1383 costs, as well as disposal increases, processing costs, and increases in the Producer Price Index are also proposed.

BACKGROUND INFORMATION:

Senate Bill 1383 (SB 1383) was signed into law in September 2016, in an effort to address climate change. SB 1383 sets targets for reducing organic waste disposal in landfills and to reduce disposal of edible food. The California Department of Resources Recycling and Recovery (CalRecycle) found 20 percent of the State’s methane emissions to come from landfills and that organics such as food scraps, yard trimmings, paper and cardboard make up half of what California disposes of in landfills.

To meet the SB 1383 targets, CalRecycle developed prescriptive regulations requiring local jurisdictions to change and add services for solid waste collection. The SB 1383 regulations went into effect on January 1, 2022, and the City is required to provide organics recycling to all residents and businesses.

The City of Indio and Burrtec Waste and Recycling Services, LLC entered into an exclusive Franchise Agreement in 2010. The Agreement was amended in 2018to extend the term to June 30, 2026. The AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 492 of 1168 draft Aemnded and Restated Franchise Agreement would runto June 20, 2036 and add new programs and services to comply with SB 1383. Some of the new mandated programs and services are incorporated into the new amended Agreement and include:

• Residential Food Waste Collection
• Contamination Monitoring and Inspections
• Education and Outreach
• Standardized Containers, Colors and Labels
• Technical Assistance to Commercial Facilities
• Substantially Increased Reporting for Outreach, Tonnages, Contamination Rates and Compliance

City staff worked with MSW Consultants and D&B Visions to inform commercial facilities of the new requirements, draft the proposed amended Franchise Agreement, and review rates for the required services. Staff and MSW Consultants determined which requirements of SB 1383 to a dd to the amended Franchise Agreement, then worked through specific details of those requirements with Burrtec. Burrtec then submitted rates for review which included staff time, equipment and processing costs. The proposed rates also include increases in disposal costs and increases in the Producer Price Index. Residential Rates are proposed to increase over three years, with the current tax roll rate at $19.42 proposed to increase July 1, 2022 to $20.87, July 1, 2023 to $22.43, and July 1, 2024 to $23.97. The current rate for a 3 yard commercial trash bin picked up once a week is $123.95 per month and is proposed to increase to $133.04 on July 1, 2022. The current commercial recycling rate for a 3 yard recycle bin picked up once a week is $42.76, and is proposed to increase to $55.44 on July 1, 2022. Commercial organics rate for one 64 gallon cart picked up once a week is currently $73.84 and is proposed to increase to $80.49 on July 1, 2022.

The adjustments must be compliant with Proposition 218, which requires a noticed public hearing.

Proposition 218 letters were mailed to residential and commercial property owners. The letters contained information about the rate adjustment and the public hearing. Adoption of the resolutions set the proposed rates for Fiscal Year 2022 -23 and allows those rates to increase on each July 1, 2023 through and including July 1, 2027, by the following amounts: (i) the annual percentage increase in the Producer Pri ce Index, not to exceed 5%, and (ii) up to 8% for increases in the City’s cost to dispose of solid waste. The resolution requires approval by two -thirds of the City Council. The City Council can approve the increases in the absence of a majority protest. A majority protest against the increases will exist if, at the end of the public hearing, there are written protests submitted (and not withdrawn) by the owners of a majority of the parcels subject to the proposed increases to the Charges or by tenants of such parcels who are directly responsible for payment of the Charges. No more than one written protest per parcel will be counted in calculating a majority protest.

For residential customers, pursuant to Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (the “Code”), the City Council is authorized to levy an annual solid waste charge and to have such charge collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City. As required by the Code, each year that the City levies and collects charges on the tax roll, the City must prepare a report that contains a description of each parcel of real property to which the charge is applicable and the amount of the charge for each parcel and must hold a public hearing. Staff has prepared the report which is on file in the City Clerk’s office. The City Council can order the colllection of the residenti al charges on the County tax roll in the absence of a majority protest. A majority protest against the tax roll billing will exist if, at the end of the public hearing, there are oral or written protests submitted (and not withdrawn) by the owners of a maj ority of separate parcels described in the report. One protest per parcel shall be counted in determining the existence

Page 2 of 168 ends

AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 493 of 1168 of a majority protest. If there is a majority protest against the tax roll billing, the City Council can collect the Charges, but cannot collect the Charges on the County tax roll for fiscal year 2022-23.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

There are no changes to the current Franchise Fee or AB 939 fee schedule in the proposed Agreement, therefore, there is no fiscal impacts to the City due to adopting the proposed rates or approving the Draft Amended and Restated Franchise Agreement between the City of Indio and Burrtec Waste and Recycling Services, LLC for Solid Waste Collection Service.

ATTACHMENTS:

Attachment 1 - Proposed Solid Waste Rates
Attachment 2 - Resolution 10296
Attachment 3 - Resolution 10297
Attachment 4 - Indio Draft Franchise Agreement with Burrtec

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 09 Jun 2022 Roxanne Diaz, City Attorney Approved - 09 Jun 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 10 Jun 2022 Bryan H. Montgomery, City Manager Approved - 10 Jun 2022

Page 3 of 168 ends

AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 494 of 1168 ATTACHENT1PROPOSEDSOLIDW ASTERATES

Page 4 of 168 ends

AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and...Page 495 of 1168 UI VI! I
u; rm1 .; ,—.
m.n.m-(flu-j—h|Inm:IIIIrnrn1n
CITYOFINDIORateExhibit1Phase-In
NewStartRe-StanSpecialPickUp
Phase-InScheduleDirectBillCurb2023TaxRollCurb2023
DirectBillCurb2024TaxRoIICurb2024

16.04$79.60$
OtherResidentialFees: ServiceDisgosaiTotalAB93916.04$
$20.87$16.80$11.17
E$16.04$16.04$79.60
Total$27.43$22.43Total$29.23$23.97
DirectBillCurbServiceYardServiceAdditionalCan
TaxRollCurbServiceYardServiceAdditionalCart
$$$
$
$69
Service15.3316.802.05
Senrice10.302.05
DisposalTotal$$$ 10.57$$9.12$
DisposalTotal$$$ 10.57$
- $9.12$
AB9390.23
AB939
E$26.13$16.80$11.17
Note:PPIandDisposalIncreasesbeaddedtophase-inratetotalwil

16.80 RESIDENTIALProposedRates

Page 5 of 168 ends

AGENDA ITEM #9.2
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COMMERCIALTRASH ProposedRatesFreg_u_encyBinSize 1 2 3 4Service ServiceDisggsalTotal
kw OI-hbifd03-DOJNO1-50710
DeliveryChargeNewStartReStartPullout20ftLockingContainerReplaceLockingBarSaturdayService/Month3YardConstructionBlnIPull4YardConstructionBin/PullZydExtraEmpty3ydExtraEmpty4ydExtraEmpty6ydExtraEmpty2ydExtraEmptyCompactor(3x)3ydExtraEmptyCompactor(3x)4ydExtraEmptyCompador(3X)SydExtraEmptyCompactor(314)96gTrashLowV olume969RecycleLowV olume éH$£n$aaenmaa>$f?w 69019‘-Ji?69696969f?6‘J696'i6‘I?9€B69EB69-ERG/-)£B{-BEDGBU-I

49.32694298.81148.14

38.1157.1676.1714.29

2.002.994.005.98

2.403.474.797.1991.83133.04183.77275.60

27.0616.0416.0444.2573.0543.7044.2585.2885.2834.5951.8469.09103.74103.77155.51207.26311.23 H->$€B$Ww?i??$93939993689968eeenc-ammenaameneamenaseammmmmeam

87.37131.30174.90260.45

74.97112.84150.59225.67

4.006.008.0011.99

4.466.708.9313.34170.80256.84342.42511.45

92.67112.428.8213.1817.5826.4026.4239.5752.7279.18
125.03187.79250.96375.51
£B$'99$
112.24168.52224.83337.06
€?€B$En

6.008.9811.9918.00
#9666899

6.529.7913.0719.57249.79375.08500.85750.14
-$69614)£?$€?€?
SB1383Adiustment0.720.430.431.181.95
(?M9Di??9€?(?€?E?é?$$£?69€?EF)EH69£?6903693!???i? $€?$$ El-3696369?é?wé? 162.15243.26324.33485.53
149.57224.06298.55446.60

8.0012.0015.9923.97

8.5712.8417.1225.62328.29492.16655.99981.72

27.7816.4716.4745.4375.0050.0045.43182.71202.9944.5766.7688.98133.62133.67200.29266.92400.8426.3413.17caenwe»eaenenm€?$£?£E$9J$69(fl9J(?% 198.46297.70397.04595.90
186.17279.58372.93559.18

9.9914.9919.9829.54

10.5715.8721.1731.74405.19608.14811.121,216.36
63369636960699’69%€f!93$636993WU?-$65
239.15358.96478.30726.30
223.83335.51447.40671.13

11.9918.0623.9835.97

12.7319.0925.4538.41487.71731.62975.131,471.81OtherCommercialFees:

SB1383Adjustment2
CITYOFINDIORateExhibit1
Disgosal

Page 6 of 168 ends

AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and...Page 497 of 1168 mmmm
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1 ‘J‘IFI I.E.'I'I ‘I1— I II——I I.—3 I IKEI III — I II“ II .lI_Il_
CITYOFINDIORateExhibit1
COMMERCIALProposedCompactorRatesFreguencxBinSize 1 2 3 4 5 6Service2 $147.96$262.11$375.09$486.45$ 595.38$ 717.483 $208.26$393.90$563.37$729.78$ 893.10$1,076.884 $296.43$524.70$752.88$972.99$1,191.12$1,434.906 $444.42$ 781.35$1,126.53$1,456.59$1,787.70$2,178.90Disgosal2 $114.33$224.91$336.72$448.71$ 558.51$ 671.493 $171.48$338.52$505.56$672.18$ 838.74$1,006.534 $228.51$451.77$674.49$895.65$1,118.79$1,342.206 $342.87$677.01$1,011.18$,339.80$1,677.54$2,013.39 2 $ 6.00$ 12.00$18.00$ 24.00$ 29.97$ 35.973 $ 8.97$ 18.00$26.94$ 36.00$ 44.97$ 54.184 $12.00$ 24.00$35.97$ 47.97$ 59.94$ 71.946 $17.94$ 35.97$ 54.00$ 71.91$ 88.62$ 107.91 2 $ 7.20$ 13.38$ 19.56$ 25.71$ 31.71$ 38.193 $10.41$ 20.10$ 29.37$ 38.52$ 47.61$ 57.274 $14.37$ 26.79$ 39.21$ 51.36$ 63.51$ 76.356 $21.57$ 40.02$58.71$ 76.86$ 95.22$ 115.23Total2 $275.49$512.40$749.37$984.87$1,215.57$1,463.133 $399.12$ 770.52$1,125.24$1,476.48$1,824.42$2,194.864 $551.31$1,027.26$1,502.55$1,967.97$2,433.36$2,925.396 $826.80$1,534.35$2,250.42$2,945.16$3,649.08$4,415.43 SB1383Adiustme
AB939

Page 7 of 168 ends

AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and...Page 498 of 1168 OtherCommercialTemporaryBinCharges:ExtraTripCharge$45.94PerDiemOver7Days$25.43 7dayrentaland1dumpincluded
$92.14$92.15$97.75$97.75
ServiceBinSize
DisgosalBinSize
TotalBinSize
ProgosedRatesStandardExtraEmpty
$92.57$92.57$101.69$101.69
$184.72$184.72$199.44$199.44
CITYOFINDIORateExhibit1

COMMERCIAL-TEMPORARYBINS

Page 8 of 168 ends

AGENDA ITEM #9.2
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SB1383Adushnant
CITYOFINDIORateExhibit1
AB939

Page 9 of 168 ends

AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and...Page 500 of 1168 I %._..:-..-'-'§--1 I- --.
'-I: II: —I-I-- —
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CITYOFINDIORateExhibit1
RollOffTrash71112022ProgosedPullMonthtyRateFlatRate20Yard$191.433 765.7130Yard$191.43$ 765.7140Yard$221.223 684.81PLUSDUMPFEESATACTUALCOST+10%&AB939SURCHARGE$4.60PERTONand11.5%FranchiseFeeCompactorratesarethreetimes(3X)theaboveratesPullRate20/30YardCompac$574.3140YardCompactor$663.66 DeliveryCharge$27.78Relocate$66.31ExtraTrip$66.31NewStart51‘:16.47Re-Start$16.47 OtherRoll-offFees:

Page 10 of 168 ends

AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and...Page 501 of 1168 M1310
Mama“
W
7I1I2022
PULLRATE8196.405196.403226.97PLUSDUMPFEESATACTUALANDFRANCHISEFEES DELIVERYCHARGERELOCATEEXTRATRIPNEWSTARTRE-START6?££€n9|-W

28.5068.0368.0316.9016.90
OTHERROLL-OFFRECYCLINGFEES:

CITYOFINDIORateExhibit1
20Y ARD30Y ARD40Y ARD
3%

ROLLOFFRECYCLING

Page 11 of 168 ends

AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and...Page 502 of 1168 HiI‘lI‘IlII
containersize
$63.88$6.89$4.60
(4tons)serviceDisposal
RollOffTemggrag
DisgosalTigFeeDisposalTipFee/tonAdmin10%AB939FranchiseFee11.5%TotalDisposalPerTon$8.95389.32 CITYOFINDIORateExhibit1
20Y ARDwith4tons$444.39$357.29$801.6830Y ARDwith4tons$444.39$357.29$801.6840Y ARDwith4ions$564.45$357.29$921.74RATEINCLUDES7DAYRENTALANDONEDUMPOFUPTO4TO?TONSOVER4TONS.DUMPFEESATACTUAL4-10%,plusA8939SURCHARGE$4.60PERTON,andFranchiseFeeOTHERTEMPORARYROLL-OFFFEES:ServiceDisgalTotalPERDIEMOVER7DAY$38.12$38.12RELOCATE$66.20$56.20EXTRATRIP$66.20$66.20PUMP(CONCRETEW A$126.62$126.62 ProposedRates

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AGENDA ITEM #9.2
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INDIO
COMMERCIALFOODW ASTE1-64GallonCartRecycling Total#Pick-UpsCollectionMaterialFranchiseAB-939MonthlyPerweekComponentProcessingFeeFeeRate1 $32.63$36.83$9.03$2.00$80.492 $65.26$73.61$13.05$4.00$160.923 $97.88$110.44$27.07$6.00$241.394 $130.50$147.22$36.09$8.00$321.815 $163.14$184.05$45.11$10.00$402.292-64GallonCart1 $52.21$73.61$16.35$4.00$146.172 $104.40$147.22$32.70$8.00$292.323 $156.62$220.83$49.05$12.00$438.50$208.81$294.44$65.39$15.00$584.645 $261.02$368.05$81.74$20.00$730.813-64GallonCart1 $68.51$110.44$23.25$6.00$208.202 $146.82$220.83$47.77$12.00$427.423 $205.55$331.27$59.76$18.00$624.574 $274.06$441.66$93.00$24.00$832.725 $342.59$552.10$116.26$30.00$1,040.944-64GallonCart$78.30$147.22$29.31$8.00$262.832 $156.61$294.44$58.61$16.00$525.663 $234.91$441.66$87.92$24.00$788.494 $313.23$588.88$117.22$32.00$1,051.335 $391.53$736.10$146.53$40.00$1,314.16AdditionalCartafter4CartsPerWeek1 $18.10$36.83$7.14$1.85$63.912 $36.15$73.61$14.26$3.70$127.723 $54.32$110.44$21.41$5.55$191.714 $72.41$147.22$28.54$7.40$255.57$90.52$184.05$35.68$9.25$319.49 $11.25$8.50$2.57$0.92$23.242 $20.24$17.00$4.84$1.84$43.923 $25.31$25.50$6.60$2.76$60.174 $33.74$34.00$3.80$3.68$80.225 $42.18$42.50$11.00$4.60$100.28 CITYOFRateExhibit1
ProposedRates

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and...Page 504 of 1168 1 ATTACHMENT 2
RESOLUTION NO. 10296

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 505 of 1168 2 RESOLUTION NO. 10296

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,

INCREASING SOLID WASTE RATES AND CHARGES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS FOR FISCAL YEARS 2022-23 THROUGH 2026-27

THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council of the City of Indio hereby finds as follows:

A. The City Council is authorized pursuant to the California Health and Safety Code Section 5471 and its police power under the California Constitution to prescribe, revise and collect rates and charges (“Charges”) for solid waste collection services and facilities furnished by the City.

B. The City Council wishes to increase the Charges for residential and commercial customers in the amounts provided in Exhibit A, attached hereto and incorporated herein by this reference. The new Charges for residential customers will be phased in over three years, effective July 1, 2022, July 1, 2023, and July 1, 2024, and the new Charges for commercial customers will be effective July 1, 2022. In addition, the City Council wishes to authorize automatic adjustments to the rates on July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026 and July 1, 2027 to account for inflation and increases in disposal fees as follows: the service component of the Charges may annually increase by the annual percentage increase in the Producer Price Index, not to exceed 5%, and the disposal component of the Charges may annually increase by 0 to 8%.

C. On May 2, 2022, the City caused a notice of the proposed increases and of the time and place of a public hearing to consider the proposed increases to be mailed to the owner of each parcel of real property to be charged (the “Identified Parcels”).

D. On June 15, 2022, at the time and day set forth in the notice, the City Council conducted a full and fair public hearing on the proposed increases where all interested persons were afforded the opportunity to hear and be heard thereon, and the City Council heard and considered all objections and protests thereto.

E. At the close of the public hearing, the City Council determined that written protests against the increases to the Charges were not presented by a majority of owners of the Identified Parcels or tenants who are directly responsible for the payment of the Charges.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 506 of 1168 3 Section 2. Increase to Charges. The City Council hereby finds that no majority protest exists with respect to the proposed increases to the Charges and hereby overrules all protests and objections to the proposed increases. The City Council hereby determines that the amount of the Charges shall be increased as provided in Exhibit A and Paragraph B of Section 1 of this Resolution. .

Section 3 . Adoption. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of June, 2022. _____________________________________

WAYMOND FERMON, MAYOR
ATTEST:
________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK
APPROVED AS TO FORM:
________________________________

ROXANNE DIAZ, CITY ATTORNEY

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RESOLUTION NO. 10297

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RESOLUTION NO. 10297

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO LEVYING THE ANNUAL WASTE CHARGE FOR FISCAL YEAR 2022-2023 AND ORDERING THE

ANNUAL SOLID WASTE CHARGE FOR RESIDENTIAL CUSTOMERS TO BE

COLLECTED ON THE COUNTY OF RIVERSIDE TAX ROLL

THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The City Council finds:

A. Pursuant to Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (the “Code”), the City Council is authorized to levy an annual solid waste charge (the “Charge”) and to have such Charge collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

B. The City Council has caused a written report (the “Written Report”) to be prepared and filed with the City Clerk in accordance with Health and Safety Code Section 5473. The Written Report contains a description of each residential parcel of real property within the City to which the Charge is applicable and for which the City intends to collect the Charge on the tax roll for Fiscal Year 2022-23 (the “Identified Parcels”) and the amount of the Charge for each such Identified Parcel for Fiscal Year 2022-23.

C. Following notice duly given in accordance with law, the City Council has held a full and fair public hearing regarding the Written Report and the levy and collection of the Charge for Fiscal Year 2022-23 and heard and considered all objections and protests thereto.

D. No majority protest against the Written Report exists, as determined in accordance with Section 5473.2 of the Code.

Section 2. The City Council hereby overrules all protests and objections to the Written Report and approves the Written Report as filed.

Section 3. The City Council hereby levies the Charge for Fiscal Year 2022-23 in the amount set forth in the Written Report.

Section 4. The adoption of this resolution constitutes the levy of the Charge against the Identified Parcels for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

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Section 5. The Charge shall be collected for Fiscal Year 2022-23 on the County of Riverside tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

Section 6. The City Clerk is hereby authorized and directed to file the Written Report with the City Treasurer with a statement endorsed on said Written Report over the City Clerk’s signature that the Written Report has been approved and finally adopted by the City Council. Upon receipt of the Written Report from the City Clerk, the City Treasurer shall enter the amount of the Charge against the Identified Parcels as they appear on the current assessment roll.

Section 7. The City Clerk is hereby further authorized and directed to file with the County Auditor of the County of Riverside a copy of the Written Report, with a statement endorsed thereon over the City Clerk’s signature that the Written Report has been approved and finally adopted by the City Council, with a certified copy of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of June 2022 by the following vote.
.
______________________________

WAYMOND FERMON, MAYOR
ATTEST:
_______________________________

CYNTHIA HERNANDEZ, CMC
APPROVED AS TO FORM:
________________________________

ROXANNE DIAZ, CITY ATTORNEY

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 520 of 1168 1 ATTACHMENT 4

DRAFT AMENDED AND RESTATED FRANCHISE

AGREEMENT BETWEEN THE CITY OF INDIO AND

BURRTEC WASTE AND RECYCLING SERVICES, LLC

FOR SOLID WASTE COLLECTION

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 521 of 1168 2 DRAFT
Amended and Restated Franchise Agreement
between
the City of Indio
And
Burrtec Waste and Recycling Services, LLC
For
Solid Waste Collection Service

_____________,2022

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 522 of 1168 3 AMENDED AND RESTATED FRANCHISE AGREEMENT BETWEEN THE

CITY OF INDIO AND BURRTEC WASTE AND RECYCLING SERVICES, LLC FOR

SOLID WASTE COLLECTION SERVICE
This AGREEMENT FOR SOLID WASTE COLLECTION SERVICE ("Agreement") is entered into this ___ day of __________, 2022, by and between the City of Indio ("City"), a City and California municipal corporation, and _____________, a California corporation (“Contractor”), for the collection, transportation, recycling, processing, composting, and disposal of Solid Waste, recyclables and organic materials.

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (Act) (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require citie s to make adequate provisions for Solid Waste collection within their jurisdiction.

WHEREAS, Public Resources Code Section 40059 authorizes the cities to determine (i) all aspects of Solid Waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing Solid Waste handling service; (ii) whether the services are to be provided by means of non-exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well -being so require by partially exclusive or wholly exclusive franchise, contract, license, permit or otherwise, either with or without competitive bidding; and,
WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, generators, haulers, Solid Waste facilities, and other entities to support achievement of State-wide organic waste disposal reduction targets; and, WHEREAS, SB 1383 requires the City to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to the Contractor, acting as the City’s designee, through this Agreement; and, WHEREAS, Public Resources Code Section 40900 et. seq. establishes a Solid Waste management process that requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices; and, WHEREAS, the City is obligated to protect the public health and safety of the residents and businesses of the City of Indio, and collection of Solid Waste should be

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 523 of 1168 4 undertaken in a manner consistent with the exercise of the City's obligations for the protection of public health and safety; and,
WHEREAS, the City and contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling and disp osal of Solid Waste, including but not limited to California Public Resources Code Section 40000 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq. and the Compre - hensive Environmental Response, Compensation and Liabili ty Act (" "), 42 U.S.C. §§ 9601 et seq.; and
WHEREAS, the City and contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is contractor, an independent entity, and not City, which shall collect from premises in the City of Indio, transport and dispose of Solid Wastes (which may contain small amounts of consumer products with the characteristics of hazardous substances); collect, transport, and recycle and/or compost organic waste and recyclable Solid Wastes collected from premises in the City of Indio; and WHEREAS, City and contractor are mindful of new laws adopted by the State of California intended to divert recyclables and organic materials from being landfilled. AB 341 mandates that commercial waste generators arrange for recycling services. AB 1826 mandates that commercial waste generators recycle their organic waste. AB 1594 will end the practice of excluding organic material used as Alternative Daily Cover (ADC) from the calculation of a jurisdiction’s total per capita amount of waste disposed. SB 1383 allows the Department of Resources Recycling and Recovery (CalRecycle) to implement new regulations on local jurisdictions if significant progress has not been made in certain waste reduction goals by 2020, and;
WHEREAS, Contractor represents and warrants to City that it has the experience, responsibility and qualifications to : 1) conduct recycling programs, 2) provide City with information sufficient to meet the City's reporting requirements under all applicable laws and regulations including AB 939, AB 341, AB 1826, and SB 1383, 3) Collect, transport and dispose of Solid Waste in a safe manner which will m inimize the adverse effects of Collection vehicles on air quality and traffic , and, 4) has the ability to indemnify the City against liability under CERCLA; and
WHEREAS, the City Council of the City of Indio determines and finds pursuant to California Public Resources Code Section 40059(a)(1), that the public health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles, and the protection of the City against CERCLA liability, justify awarding to contractor a contract for collection, recycling and disposal of Solid Waste from premises in the City of Indio.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 524 of 1168 5 WHEREAS, the City's primary goals in entering into this agreement are to ensure that 1) collection services are of the highest caliber, 2) customer satisfaction remains at the highest level, 3) the environment is protected, 4) maximum Diversion levels are achieved, 5) Indio does its part to reduce greenhouse gas (GHG) emissions generated from waste Collection and disposal as part of Indio’s implementation of federal, state, and local efforts to address climate change, and, 6) that materials collected are put to the highest and best use.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, the parties hereby agree as follows:
1 DEFINITIONS
The terms used in this Agreement shall have the meaning set forth in this section. In the event a term is not defined in this section, then it shall have the meaning set forth in the Indio Municipal Code or in Division 30, Part 1, Chapter 2 of the California Public Resources Code (with precedence given to definitions in the Indio Municipal Code over conflicting definitions co ntained in the Public Resources Code). Unless otherwise stated in this Agreement, any reference in this Agreement to any federal, state or local statute, ordinance, or regulation shall be to such legislation or regulation as it now exists or may be amended, or to any successor legislation or regulation.

1.1 AB 341
“AB 341” means collectively the act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, to add Sections 40004, 41734.5, and 41780.01 to add Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and to add and repeal Section 41780.02 of, the California Public Resource Code, which mandates businesses and public entities generating four (4) cubic yards or more of waste per week and Multi-family Residential Dwellings with five (5) units or more to Recycle.

1.2 AB 939
‘AB 939’ means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code section 40000 et. seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery (CalRecycle), or its successor agency.

1.3 AB 1826
“AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of t he California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 525 of 1168 6 1.4 Abandoned Items
“Abandoned Items” means items abandoned in the public right -of-way, and on public premises including but not limited to Bulky Waste items and Yard Trimmings, to be Collected by Contractor pursuant to Section 5.5.11

1.5 Affiliate
"Affiliate" mea ns all businesses (including corporations, limited and general partnerships and sole proprietorships) that are directly or indirectly related to the Contractor by virtue of direct or indirect ownership interest or common management shall be deemed to be "Affiliated with" th e Contractor and included within the term "Affiliates" as used in this Agreement. An Affiliate shall include a business in which the Contractor owns a direct or indirect ownership interest, a business that has a direct or indirect ownership interest in the Contractor and/or a business that is also owned, controlled or managed by any business or individual that has a direct or indirect ownership interest in the Contractor for purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a) (5) (C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater.

1.6 Agreement
“Agreement” means this agreemen t between City and Contractor, including all exhibits, and any future amendments hereto.

1.7 Back-haul
‘Back-haul’ means generating and Transporting C&D Materials, Recyclables Materials and/or Organic Waste to a destination owned and operated by the Generator using the Generator’s own full-time employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A)

1.8 Backyard Service
‘Backyard Service ’ means that the Contractor moves all Collection Carts, from a Customer’s designated Collection location other than curbside, such as backyard, side yard, or driveway, for Collection, and returns Carts when Collection is complete.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 526 of 1168 7 1.9 Bin
‘Bin’ means a container with hinged lids and a capacity from two (2) to six (6) cubic yards, which is typically emptied by a front-loading Collection vehicle.

1.10 Bin Collection Service
‘Bin Collection Service’ means using Bins to provide Solid Waste Collection Services to residential, retail, commercial, and industrial facilities that require Bin Collection service on a regular, ongoing, and indefinite basis.

1.11 Blue Container
‘Blue Container’ or ‘Blue Cart’ means a container used for storage and Collection of Source Separated Recyclables Materials or Source Separated Blue Container Organic Waste. A Blue Container means a container where either: 1) the lid of the container is blue in color, or, 2) the body of the container is blue in color and the lid is either blue, gray, or black in color.

1.12 Bulky Items
‘Bulky Items’ means Solid Waste that cannot or would not typically be accommodate d within a Cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commo nly known as ‘white goods ’); electronic waste (including stereos, televisions, laptop computers, computers and computer monitors, microwaves and other similar items discarded from Premises; fluorescent bulbs; household batteries; and clothing. Bulky Items include tree trunks and large branches that do not exceed two (2) feet in diameter or four (4) feet in length. Bulky Items do not include Green Waste that is bundled and placed for Collection. Bulky Items do not include car bodies, auto parts, tires, Construction and Demolition Debris, or items requiring more than two persons to remove.

1.13 C&D
‘C&D’ means Construction and Demolition Debris.

1.14 C&D Processing Facility
‘C&D Processing Facility ’ means any facility that is designed, operated and legally permitted for the purpose of receiving and Processing Construction and Demolition Debris.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 527 of 1168 8 1.15 CalRecycle
‘CalRecycle’ means the California Department of Resources Recycling and Recovery (CalRecycle), or its successor agency.

1.16 Cart
‘Cart’ means a plastic Container with wheels and a hinged lid with a capacity from 3 2 to 101 gallons, which is typically emptied by an automated side-loading Collection vehicle.

1.17 Cart Collection Service
‘Cart Collection Service’ means collection service using Carts. This includes service provided to Single-Family Premises (excluding those single-family customers that elect to use Bin collection service), Customers on Commercial Premises that generate small quantities of waste and elect to use cart collection service, and Customers on Multi-family Premises with individual storage capacity to store Carts with access to curbside service from side-loading collection vehicles.

1.18 City
‘City’ means the City of Indio, California, a Charter City and municipal corporation, and all the territory lying within the municipal boundaries of the City as it currently exists over which the City has jurisdiction, or as such boundaries may be adjusted.

1.19 City Manager
‘City Manager’ means the City Manager or the person designated by the City Manager to administer this Agreement.

1.20 Collection
‘Collect or Collection’ means the act of collecting Solid Waste, recyclable materials, Green Waste, Organic Waste, C&D Debris, Bulky Items, and other material from the designated collection location in the City and delivering that material to a Disposal facility, Material Recovery Facility, organics processing facility, or other approved facility pursuant to this Agreement.

1.21 Commercial Customer
‘Commercial Customer’ means any Person owning or occupying a Commercial Premises and receiving Solid Waste Collection Services from Contractor within the City pursuant to this Agreement.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 528 of 1168 9 1.22 Commercial Edible Food Generators
‘Commercial Edible Food Generator s’ includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.

1.23 Commercial Premises
‘Commercial Premises’ means all premises in the City, other than residential premises, where Solid Waste is generated or accumulated. The term ‘Commercial Premises’ is a reference to location, and not to ownership.

1.24 Community Composting
‘Community Composting’ means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet.

1.25 Compactor
‘Compactor’ means any Bin or Roll -off Box that has a compaction mechanism, whether stationary or mobile.

1.26 Complaint
‘Complaint’ means a communication received by Contractor from a Customer or City indicating services have not been perfo rmed in accordance with this Agreement, or otherwise expressing dissatisfaction with service.

1.27 Compostable Plastics
‘Compostable Plastics’ means plastic material that meets the American Society for Testing and Materials (ASTM) D6400 standard for compostabil ity (sections 5.1 through 6.4.2 published May 2019).

1.28 Composting or Compost
‘Composting or Compost’ means the controlled biological decomposition of Green Waste or organic materials into fertilizer, soil amendments, or other useful products.

1.29 Construction and Demolition Debris
‘Construction and Demolition Debris’ or ‘C&D Debris’ means waste building materials, asphalt, concrete, drywall, metals, roofing materials, soils, wood, packaging, and rubble resulting from construction, remodeling, repair and demolition operations on pavement,

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 529 of 1168 10 houses, commercial, industrial or institutional buildings and other properties or structures such as seawalls, piers, and jetties.

1.30 Container
‘Container’ means any Cart, Bin, Roll-off Box, or other approved receptacle used or intended to be used for holding Solid Waste for Collection.

1.31 Contamination Fee
‘Contamination Fee’ shall mean an amount charged by Contractor to Customers to offset Contractor’s additional costs or diminished revenue due to contamination of Refuse, Recyclable Materials, Organics, or Green Waste placed in Containers.

1.32 Contractor
‘Contractor’ means, Burrtec Waste and Recycling LLC , the corporation and its officers, directors, employees, agents, companies and subcontractors.

1.33 Contractor Compensation
‘Contractor Compensation ’ means the revenue received by the Contractor from billings in return for providing services in accordance with this Agreement and any amendments to this Agreement.

1.34 CPI
‘CPI’ means the Consumer Price Index, Series ID: CUURS49CSA0, All items in Riverside-San Bernardino-Ontario, CA, all urban consumers, not seasonally adjusted (U.S. Department of Labor, Bureau of Labor Statistics.

1.35 Customer
‘Customer’ means any Person receiving Solid Waste Collection Service from Contractor within the City pursuant to this Agreement.

1.36 Disaster
‘Disaster’ means a sudden regional, statewide, nationwide, or worldwide event, such as an accident or a natural catastrophe, that causes great damage or loss of life, and that significantly stops, or impacts the normal ongoing operations of Solid Waste Collection in the City. Disaster does not include Labor Unrest as described in Section 12.5.

1.37 Disposal
‘Disposal’ means the final deposition of Solid Waste at a permitted Landfill that is in full compliance with all laws and regulations.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 530 of 1168 11 1.38 Disposal Site
‘Disposal Site’ means the place, location, tract of land, area, or premises in use, intended to be used, or which has been used, for the Disposal of Solid Waste.

1.39 Diversion
‘Diversion’ means any combination of recycling and composting activities conducted that reduces waste disposed of at a Landfill.

1.40 Duplex
‘Duplex’ means any Residential Premises in the City with two (2) dwelling units each used by one (1) family living independently of each other. The two dwelling units may be attached or separate.

1.41 Dwelling Unit
‘Dwelling unit ’ means a building or a portion thereof, designated for residential occupation by one person or a group of two or more persons living together as a domestic unit. Types of dwellings include single -family dwellings, duplexes, multifamily dwellings, mobile homes, condominiums and townhouses.

1.42 Edible Food
‘Edible Food ’ means food intended and suitable for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of E dible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.

1.43 Effective Date
‘Effective Date ’ means the date on which the Agreement becomes binding upon the parties, which is the date when all the conditions set forth below in Section 3.4 have been met, and both parties have properly executed the Agreement.

1.44 Electronic Waste or E-Waste
‘Electronic Waste’ or ‘E-Waste’ means discarded electronic equipment and includes, but is not limited to, stereos, televisions, CRTs, computers and computer monitors, VCRs, cellular phones, fax machines, household copiers, computer printers, video game consoles, other items with electric plugs that are banned from Landfilling, and other similar items commonly known as ‘brown goods.’

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 531 of 1168 12 1.45 Environmental Laws
‘Environmental Laws’ means all federal and State statutes, county, local and City ordinances concerning public health, safety and the environment applicable to the City including, by way of example and not limitation, The National Environmental Policy Act (NEPA), the California Environmental Qu ality Act (CEQA), the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq.; the Resource Conservation and Recovery Act, 42 USC §6902 et seq.; the Federal Clean Water Act, 33 USC §1251 et seq.; the Toxic Substances Control Act, 15 USC §1601 et seq.; the Occupational Safety and Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100 et seq.; the California Toxic Substances Control Act, California Health and Safety Code §25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et seq.; as currently in force or as subsequently amended, and all rules and regulations promulgated thereunder.

1.46 Excluded Waste
‘Excluded Waste ’ means Hazardous Substance, Hazardous Waste, Infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that approved/designated facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including:
land use restrictions or conditions, waste that cann ot be disposed of in Class III Landfills or accepted at the facility by permit conditions, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Con tractor or Jurisdiction to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or Multi-family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through this Agreement and the Waste Generator or Customer has properly placed the materials for Collection pursuant to instructions provided by the City or Contractor as set forth in this Agreement.

1.47 Facility
‘Facility’ means any properly permitted plant or site, owned or leased and maintained, operated or used by the Contractor for purposes of performing under this Agreement.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 532 of 1168 13 1.48 Food Recovery
‘Food Recovery ’ means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

1.49 Food Recovery Organization
‘Food Recovery Organization’ means an entity that primarily engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.

1.50 Food Recovery Service
‘Food Recovery Service’ means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.

1.51 Food Scraps
‘Food Scraps’ means discarded food that will decompose and/or putrefy and is segregated for Collection and Recycling. Food scraps includes, but is not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

Food Scraps excludes fats, oils, and grease when such materials are Sourc e Separated from other Food Scraps.

1.52 Food-Soiled Paper
‘Food-Soiled Paper ’ means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 533 of 1168 14 1.53 Food Waste
‘Food Waste’ means Food Scraps, Food-Soiled Paper, and Compostable Plastics.

1.54 Franchise
‘Franchise’ means the exclusive right and privilege to provide Solid Waste Collection Services within the City granted by City to Contractor pursuant to the Cit y’s authority under Article 11, Section 7 of the State of California Constitution , and Section 40059 of the Public Resources Code.

1.55 Franchise Fee
‘Franchise Fee’ means the fee paid by Contractor to City pursuant to Section 9.1 of this Agreement as consideration for the exclusive right and privilege to Collection Solid Waste Services in the City.

1.56 Garbage
‘Garbage’ means all putrescible waste that generally includes, but is not limited to, animal, vegetative, food or any other waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials attributed to normal activities of a service unit. Garbage does not include those items defined in this Agreement as Food Waste or Excluded Waste.

1.57 Gray Container
‘Gray Container’ or ‘Gray Cart’ means a Container used to store and collect refuse, mixed waste, gray container waste. A gray container means a container where either: 1) the lid of the container is gray or black in color, or, 2) the body of the container is gray or black in color and the lid is gray or black in color.

1.58 Gray Container Waste
‘Gray Container Waste’ means Refuse or mixed waste that is Collected in a gray Container that is part of a Collection service that prohibits the placement of Recyclable Materials or organic waste in the Gray Container.

1.59 Green Container
‘Green Container ’ or ‘Green Cart’ means a Container used to store and collect Source Separated Green Container Or ganic Waste. A green container means a container where either: 1) the lid of the container is green in color, or, 2) the body of the container is green in color and the lid is either green, gray, or black in color.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 534 of 1168 15 1.60 Green Waste
‘Green Waste’ means non -contaminated material composed of organic matter or plant matter that is the result of seasonal variations or landscape and gardening activities .

Green waste includes, without limitation, grass clippings, shrubbery, leaves, tree trimmings, branches, flowers, plant stalks, wood and other plant material. Green W aste does not include yucca, cactus, palm fronds, or stumps or branches exceeding six inches (6") in diameter or four feet (4') in length.

1.61 Green Waste Processing Facility
‘Green Waste Processing Facility’ means any facility that is designed, operated and legally permitted for the purpose of receiving and processing Green Waste.

1.62 Gross Receipts
‘Gross Receipts’ means any and all revenue or compensation in any form derived directly or indirectly by Contractor, its Affiliates, subsidiaries, parents and any Person or entity in which Contractor has a financial interest, from the Collection, Transportation, Processing, Disposal and other services with respect to Solid Waste collected within the City of Indio, including Recyclable Materials, Food Waste and Green Waste, pursuant to this Agreement. ‘Gross Receipts’ include, but are not limited to, monthly Customer fees for Collection of Solid Waste, including recyclable Solid Waste, Food Waste and Green Waste, special pickup fees, Roll-off Box Container rental and Collection fees and fees for redelivery of roll-off box containers without subtracting Franchise Fees or any other cost of doing business, but excludes any grant revenue s, and revenues from the sale of Recyclable Materials.

1.63 Hauler Route
‘Hauler Route’ means the designated itinerary or sequence of stops for each segment of the City’s Collection service area.

1.64 Hazardous Substance
‘Hazardous Substance’ means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as ‘Hazardous Substances’, ‘hazardous materials ’, ‘Hazardous Waste’, ‘toxic waste’, ‘pollutants’ or ‘toxic substances’ or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, 25316, 25501 and 25501.1; (vi) the Clean Air Act, 42 USC §7401 et seq.; and (vii) California Water Code §13050; (b) any substances defined, regulated or listed by any amendments,

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 535 of 1168 16 rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or subsequently enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other appl icable federal, state or local environmental l aws currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (‘PCBs’), petroleum, natural gas and synthetic fuel products, and by-products.

1.65 Hazardous Waste
‘Hazardous Waste’ means a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) p ose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. ‘Hazardous Waste’ includes all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or r ecodifications of such statutes, or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated there under. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term ‘Hazardous Waste’ shall be construed to have the broader, more encompassing definition.

1.66 High Diversion Organic Waste Processing Facility
‘High Diversion Organic Waste Processing Facility ’ means a high Diversion organic waste processing facility as defined in 14 CCR Section 18982(a)(33).

1.67 Holiday
‘Holiday’ means New Years’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas and any additional official holidays declared in the future by the state or federal government that apply to municipalities.

1.68 Household Sharps Waste
‘Household Sharps Waste ’ shall mean home -generated sharps, as defined in Section 117671 of the California H ealth & Safety Code, including hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, which are generated by a single-family or Multi-family residence. ‘Household Sharps Waste’ does not include any waste generated in the course of operating a business concern at a residence, business generated waste, or medical waste not described in this Agreement

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 536 of 1168 17 1.69 Household Hazardous Waste
‘Household Hazardous Waste’ means Hazardous Waste generated at a Single-Family and Multi-family Residential Premises.

1.70 Institutional
[This term is used many times in the Agreement but is never defined. A definition should therefore be added here.]

1.71 Landfill
‘Landfill’ means a ‘Solid Waste Landfill’ defined by Public Resources Code Section 40195.1.

1.72 Large Event
‘Large Event ’ means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

1.73 Large Venue
‘Large Venue’ means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and th is Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue.

1.74 Local Education Agency
‘Local education agency’ means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to Solid Waste.

1.75 Material Recovery Facility
’Material Recovery Facility’ means a facility licensed or permitted in accordance with AB 939 which separates Recyclable Materials, and processes them for sale to brokers and end users.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 537 of 1168 18 1.76 Mulch
‘Mulch’ means a layer of material applied on top of soil, and, for the purposes of the Agreement, Mulch shall conform with the following conditions, or conditions as otherwise specified in 14 CCR Section 18993.1(f)(4):

A. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

B. Was produced at one or more of the following types of Facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR, Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);
ii. A Transfer/Processing Facility or Transfer/Processing operation as defined in 14 CCR Section 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR, Division 7; or,
iii. A Solid Waste Landfill as defined in PRC Section 40195. 1 that is permitted under 27 CCR, Division 2.

1.77 Multi-family Premises
‘Multi-family Premises’ means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi -Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

1.78 Non-collection Notice
‘Non-Collection Notice’ means a form developed by Contractor, and approved by City, to notify Customers of the reason for non -collection of materials set out by the Customer for Collection by Contractor pursuant to this Agreement.

1.79 Non-Compostable Paper
‘Non-Compostable Paper’ includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process.

1.80 Non-Organic Recyclables
‘Non- Organic Recyclables’ means non- putrescible and non- hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 538 of 1168 19 defined in 14 CCR Section 18982(a)( 43). Non-Organic Recyclables are a subset of Source Separated Recyclable Materials.

1.81 Organic Materials
‘Organic Materials’ means Yard Trimmings and Food Waste, individually or collectively.

No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Recyclable Material and Solid Waste. Organic Materials are a subset of Organic Waste.

1.82 Organic Waste
‘Organic Waste’ or ‘Organics’ means Green Waste, Food Waste, manure, and any other organic waste material which is acceptable to be delivered to an organics processing facility such as an anaerobic digester, or composting facility.

1.83 Owner
‘Owner’ means the Person holding the legal title to the real property constituting the Premises to which Solid Waste collection service is to be provided under this Agreement or the Person holding legal title to the Disposal Site, depending upon the context used in this Agreement.

1.84 PARIS Code
‘PARIS Code’ means the program codes used by the California Integrat ed Waste Management Board's Office of Local Assistance and stands for Planning Annual Report Information System database to track jurisdictions' AB 939 program information. Program codes assign a specific numerical reference to a specific type of Diversion program. These program codes are used to describe typical Diversion programs implemented by a jurisdiction. As an example, PARIS Code 2030 -RC-OSP is the program code for the Commercial Onsite Pickup program that collects cardboard, office paper, beverage containers and similar items from commercial businesses. A complete list of the PARIS Codes may be found at www. Ciwmb.ca.gov/Igcentral/paris.

1.85 Permanent Roll-off Box Service
‘Permanent Roll-off Box Service’ means the Collection of Solid Waste generated fro m on-going operations at a Customer’s place of business using Roll -off Boxes or large Compactors. This includes, for example, the Collection of Solid Waste from a Commercial Premises that would otherwise be collected using Bin service if the volume of Solid Waste generated were less . This does not include Roll -off Box service used for occasional higher volumes of waste due to special clean-up or other projects, or on construction or demolition sites.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 539 of 1168 20 1.86 Person
‘Person’ means any individual, firm, associati on, organization, partnership, corporation, business trust, or joint venture.

1.87 Premises
‘Premises’ means a tract or lot of land within the City where Solid Waste is generated or accumulated.

1.88 Process, Processed, or Processing
‘Processing’ means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment .

1.89 Prohibited Container Contaminants
‘Prohibited Container Contaminants’ means the following: (i) Discarded Materials placed in the Blue Container that are not identifi ed as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) Discarded Materials placed in the Green Container that are not identified as acceptable Source Separated Organic Waste for the City’s Green Container; (iii) Discarde d Materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and Organic Materials to be placed in City’s Green Container and/or Blue Container ; and (iv) Excluded Waste placed in any Container.

1.90 Putrescible Waste
‘Putrescible Waste’ means wastes that are capable of being decomposed by micro - organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions.

1.91 Rate Year
‘Rate Year’ means the twelve -month period from July 1st to June 30th, each year of the Agreement.

1.92 Recyclables or Recyclable Materials
‘Recyclables’ or ‘Recyclable Materials’ means those materials which are capable of being recycled and which would otherwise be processed or disposed of as Garbage. Recyclable Materials include those materials defined by the City, including newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper,

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 540 of 1168 21 and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including ‘tin’ cans, aerosol cans (empty, non -toxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers; #1 -7 plastics regardless of form or mold (including but not limited to plastic containers, bottles, wide mouth tubs, plastic bags, film plastic, and polystyrene), aseptic containers, aluminum foil and pans; and those materials added by Contractor from time to time.

1.93 Recycle or Recycling
‘Recycle’ or ‘Recycling’ means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become waste and returning tho se materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products that meet the quality standards to be used in the marketplace .

Recycling does not include Transformation as defined in Public Resources Code Section 40201.

1.94 Refuse
‘Refuse’ means Garbage, Rubbish, and mixed waste . Refuse is collected in a Gray Container.

1.95 Renewable Natural Gas (RNG)
‘Renewable Natural Gas’ or ‘RNG’ means gas derived from Organic Waste that has been Diverted from a Landfill and Processed at an in -vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste.

1.96 Residential
‘Residential" means property, or Owners of property, which is used for residential purposes including Single-Family and Multi-family dwelling units, irrespective of whether such dwelling units are rental units or are Owner-occupied.

1.97 Residential Premises
‘Residential’ or ‘Residential Premises’ means single-family residences, duplexes, triplexes, and multifamily residences, including apartments and condominiums (in which each unit has separate cooking and bathing facilities). The terms do not inclu de hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories or barracks or other group living places . ‘Residential’ or ‘residential Premises’ is a reference to location, and not to ownership or to an interest in property.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 541 of 1168 22 1.98 Roll-off Box
‘Roll-off Box’ means a n open top metal Container with a capacity from 10 to 40 cubic yards, which is designed to be pulled onto a Roll-off vehicle.

1.99 Roll-off Collection Service
‘Roll-off Collection Service’ means providing Solid Waste Collection Services using Roll-off Boxes or Roll-off Compactors.

1.100 Roll-off Compactor
‘Roll-off Compactor ’ means an enclosed metal Container equipped with a hydraulic packing ram with a capacity from 15 to 35 yards, which is designed to be pulled onto a Roll-off vehicle.

1.101 Route Review
‘Route Review’ means a procedure in which individual containers set out for collection along the Company’s routes are visually or electronically inspected on a representative sample basis to determine the degree to which they are contaminated.

1.102 Rubbish
‘Rubbish’ means, without limitation, the following items: waste and refuse capable of burning readily, including straw, packing materials, leather, rubber, clothing, bedding, books, rags and all similar articles which will burn by contact with flames or ordinary temperatures; and ashes, crockery, china, pottery, metal wire and other similar materials.

1.103 SB 1383
‘SB 1383’ means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Hea lth and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short -lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

1.104 SB 1383 Regulations
‘SB 138 Regulations’ or ‘SB 1383 Regulatory’ refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and ad opted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 542 of 1168 23 1.105 Scavenging
‘Scavenging’ means the unauthorized removal of Recyclables that have been set out for Collection.

1.106 Self-Hauler (or Self-Haul)
‘Self-Hauler’ or ‘Self-Haul’ means a Person who hauls Solid Waste, Organic Waste, or recovered material they have generated to another Person, or as otherwise defined in 14 CCR Section 18982(a)(66).

1.107 Service Level
‘Service Level ’ refers to the number and si ze of a Customer’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.

1.108 Single-family Residential Premises
‘Single-family Residential Premises ’ means a detached building used exclusively for occupancy by one family (including their guests, servants, and employees) and containing one dwelling unit.

1.109 Solid Waste
‘Solid Waste’ means all putrescible and non-putrescible solid, semi-solid wastes, including Garbage, tra sh, Refuse, paper, R ubbish, ashes, industrial wastes, Co nstruction and Demolition Debris, discarded home appliances, manure, vegetable or animal s olid and semi-solid wastes, and other discarded solid and semi-solid wastes. ‘Solid Waste’ includes Recyclable Materials, Organics, Green Waste, Construction and Demolition Debris, and Bulky Items. Solid Waste does not include Hazardous Waste, or untreated Medical Waste.

1.110 Solid Waste Facility
‘Solid Waste Facility’ means a Solid Waste transfer or processing station, a composting facility, a gasification facility, a Transformation Facility, or a Disposal Site.

1.111 Solid Waste Collection Services
‘Solid Waste Collection Services’ means the Collection, Transportation, storage, Transfer, Processing, and Disposal of Solid Waste.

1.112 Source Separated Blue Container Organic Waste (SSBCOW) ‘Source Separated Blue Container Organic Waste ’ or ‘SSBCOW’ means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the Colle ction of those Organic Wastes and Non-Organic Recyclables.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 543 of 1168 24 1.113 Source Separated Green Container Organic Waste (SSGCOW) ‘Source Separated Green Container Organic Waste’ or ‘SSGCOW’ means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate Collection of Organic Waste by the Waste Generator, excluding SSBCOW, carpets, Non-Compostable Paper, and textiles. SSGCOW is a subset of Organic Waste.

1.114 Special Services
"Special Services" means non-routine services that are requested of Contractor by either Customers or the City.

1.115 Split Bin
‘Split Bin’ means a Bin that is split or divided into segregated sections, instead of an entire Bin.

1.116 State
‘State’ means the State of California

1.117 Term
‘Term’ means the Term of this Agreement, including any agreed upon extension periods, as provided for in Section 3.3.

1.118 Tier One Commercial Edible Food Generators
‘Tier One Commercial Edible Food Generator’ means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

D. Food Distributor.

E. Wholesale Food Vendor.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 544 of 1168 25 1.119 Tier Two Commercial Edible Food Generators
‘Tier Two Commercial Edible Food Generator ’ means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue.

E. Large Event.

F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A Local Education Agency with an on-site food facility.

1.120 Temporary Service
‘Temporary Service ’ means Solid Waste Collection services provided on a project basis, such as Construction and Demolition projects and occasional clean -up projects using a Roll-off Box or Bin.

1.121 Transfer
‘Transfer’ means the act of tran sferring Solid Waste Collected by Contractor from Contractor’s Collection vehicles into larger vehicles at a Transfer Facility for Transport to other Facilities for Processing or Disposing of such materials.

1.122 Transportation or Transport
‘Transportation’ or ‘Transport’ means the act of conveying Collected materials from one location to another.

1.123 Transformation
‘Transformation’ means incineration, pyrolysis, distillation, or biological conversion other than composting. ‘Transformation’ does not include composting, or biomass conversion.

1.124 Transformation Facility
‘Transformation Facility’ means a facility whose principal function is to convert, combust, or otherwise process Solid Waste by incineration, pyrolysis, distillation, or biological

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 545 of 1168 26 conversion other t han composting . A ‘ Transformation Facility’ does not include a composting facility or a biomass conversion facility.

1.125 Universal Waste
‘Universal Waste’ means any of the following waste that are conditionally exempt from classification as Hazardous Wastes pursuant to Title 22 of the California Code of Regulations (22 CCR), section 66261.9: (i) batteries as described in 22 CCR section 66273.2; (ii) thermostats as described in 22 CCR section 66273.4; (iii) lamps as described in 22 CCR section 66273.5; and (iv) cathode ray tube materials as described in 22 CCR section 66273.6.

1.126 Waste Evaluation
‘Waste Evaluation ’ means a procedure in which representative samples of waste and recyclables are taken from vehicle loads and sorted at a permitted facility to det ermine the degree to which the material is contaminated.

1.127 Waste Generator
‘Waste Generator’ means the owner or occupant of premises whose act initially produces Solid Waste that is subject to regulation under federal, State, or local regulations.

1.128 Work Day
‘Work Day’ means any day, Monday through Saturday, which is not a Holiday designated as set forth in Section 7.3 of this Agreement.

1.129 Yard Trimmings
‘Yard Trimmings ’ means types of Source Separated Green Container Organics Waste (SSGCOW) resulting from normal yard and landscaping installation, maintenance, or removal that the Waste Generators Source Separate and set out in Green Containers for Collection for Processing by the Contractor.
2 REPRESENTATION AND WARRANTIES OF CONTRACTOR
Contractor hereby covenants, represents, and warrants the following in order to induce City to enter into this Agreement, all of which shall be true as of the Effective Date of this Agreement and remain so throughout the Agreement, except as may be excused in writing by City.

The information supplied by Contractor in all submittals made in connection with negotiation and execution of this Agreement, including all materials in its proposal to the City, and all representations and warranties made by Contractor throughout this

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 546 of 1168 27 Agreement are true, accurate, correct and complete in all material respects on and as of the Effective Date of this Agreement

2.1 Corporate Status
The Contractor represents and warrants that it is duly organized, validly existing and in good standing under all applicable laws. It is duly licensed and qualified to transact business in the State of California , has and will maintain a City of Indio business license in good standing, and has the power to provide services as required by this Agreement.

2.2 Corporate Authorization
The Contractor has the authority to enter into and perform its obligations under this Agreement. The Board of Directors or partners /joint venturers of the Contractor (or the shareholders, if applicable) have taken all actions required by law to authorize the execution of this Agreement. The Persons signing this Agreement on behalf of the Contractor have authority to do so. Contractor shall authorize one employee as a single point of contact for the City for issues arising under this Agreement as described in Section 13.17. City may accept that this employee’s actions are taken on behalf of and with the full approval of the Contractor.

2.3 Agreement Will Not Cause Breach
There is no action, suit or other proceeding as of the Effective Date of this Agreement, at law or in equity, or to the best of the Contractor's knowledge, any investigation, before or by any court or governmental authority, pending or threatened against the Contractor which may result in an unfavorable decision, ruling or finding which would in any way adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by Contractor in connection with the transactions contemplated hereby, or which could in any way adversely affect the ability of Contractor to perform its obligations under this Agreement or which would have any adverse effect on the financial condition of Contractor.

Neither the execution of this Agreement nor the delivery by Contractor of services nor the performance by Contractor of its obligations in this Agreement: (1) conflicts with, violates or results in a breach of any applicable law; (2) conflicts with, violates or results in a breach of any term or condition of any jud gment, decree, agreement (including, without limitation, the certificate of incorporation of Contractor) or instrument to which Contractor is a party or by which the Contractor or any of its properties or assets are bound, or constitutes a default under an y such judgment, decree, agreement or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Contractor.

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 547 of 1168 28 2.4 No Litigation
Contractor has made an independent investigatio n, satisfactory to it, of the conditions and circumstances surrounding this Agreement and the work to be performed by it, and is satisfied that those conditions and circumstances will not impair its ability to perform the work and provide the Solid Waste Collection Services required by this Agreement.

Contractor has no knowledge of any applicable law, administrative regulation or order, in effect as of the date of this Agreement that would prohibit the performance by Contractor of any of the services or obligations contemplated under this Agreement. 3 TERMS OF AGREEMENT

3.1 Grant of Exclusive Rights
This Agreement grants to the Contractor for the Term of this Agreement during which Solid Waste Collection Service is to be provided, the exclusive right and pri vilege to Collect, Transport, process, recycle, Compost, retain and dispose of Solid Waste Collected from Single-Family, Multi-family, Commercial, Institutional, and Roll-off Customers, as defined in this Agreement, produced, generated and/or accumulated within the City, except as otherwise provided below. No other services shall be exclusive to the Contractor.

The administration of this Agreement by the City shall be under the supervision and direction of the City Manager, and the City actions specified in this Agreement, unless otherwise stated, shall be taken by the City Manager.

3.2 Limitations to Scope of Exclusive Agreement
The exclusive franchise, right and privilege to provide Solid Waste Collection Services at Premises within City granted to Contractor by this Agreement specifically excludes the following services, which services may be provided by Persons other than Contractor or which may be the subject of other permits, licenses, franchises or agreements issued or entered by City:

A. The sale or donat ion of source -separated Recyclable Material by the Waste Generator or Customer to any Person other than Contractor; provided, however, to the extent permitted by law, if the Waste Generator or Customer is required to pay monetary or nonmonetary consideration for the Collection, Transportation, Transfer, or Processing of Recyclable Material, then it shall not be considered a sale or donation.

B. Solid Waste, including Recyclable Materials and Green Waste, which is removed from any Premises by the Waste Generator, and which is transported personally by such Waste Generator (or by his or her full -time employees) to a processing

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 548 of 1168 29 Facility or Disposal Site in a manner consistent with all applicable laws an d regulations.

C. Recyclable Materials, Organic Waste or Bulky Items that are source separated at any Premises by the Waste Generator and donated to youth, civic or charitable organizations.

D. Recyclables delivered to a recycling center or drop -off station by t he Waste Generator for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et seq.

E. Green Waste removed from a Premise by a gardening, landscaping, or tree trimming Contractor, utilizing its own equipment, as an incidental part of a total service offered by that Contractor rather than as a hauling service.

F. The Collection, Transfer, Transport, Recycling, and Processing of animal by - products, fats, oils, or grease to be rendered and used as tallow.

G. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of byproducts of sewage treatment, including sludge, sludge ash, grit and screenings.

H. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of Hazardous Substances, Hazardous Waste, untreated Medical Waste, and radioactive waste regardless of its source.

I. Construction and Demolition Debris demolition debris that is removed by a duly - licensed construction or demolition Contractor (e.g., with a State contractor license type C-21) or as part of a total service offered by said licensed Contractor or by the City, where the licensed Contractor utilizes its own loaders and dump trucks.

J. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of Solid Waste by City through City officers or employees in the normal course of their City employment.

K. Solid Waste Collection Services for governmental agencies other than City, which may have facilities in City, but over which City has no jurisdiction in connection with the regulation of Solid Waste.

L. Self-Hauled materials. A Commercial business Owner or resident may Dispose of Recyclable Materials, and Organic Materials, generated in or on their own Premises with their own vehicle.

M. Edible Food. Edible Food which is collected from a Waste Generator by other Person (s), such as a Person from a Food Recovery Organization or Food Recovery

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AGENDA ITEM #9.2
Resolution No. 10296 to increase Solid Waste Charges for Residential and... Page 549 of 1168 30 Service, for the purposes of Food Recovery; or which is Self-Hauled by the Customer to another Person(s), such as a Person from a Food Recovery Organization, for the purposes of Food Recovery, regardless of whether the Customer donates, sells, or pays a fee to the other Person(s) to collect or receive the Edible Food.

N. Byproducts from the processing of food or beverages which meet all of the conditions set forth in California Public Resources Code Section 40059.4(b).

O. On-site or Community Composting. Organic materials composted or otherwise legally managed at the site where it is generated (e.g., backyard composting, or on-site anaerobic digestion) or at a Community Composting site.

The exclusive franchise, right and privilege to provide Solid Waste Collection Services within City granted to Contractor by this Agreement shall be interpreted to be consistent with all applicable state and federal laws, now in ef fect and adopted during the Term of this Agreement, and the scope of this Agreement shall be limited by all applicable current and developing laws and regulations. In the event that future interpretations of current law, future enactments or developing legal trends limit the ability of City to lawfully grant Contractor the scope of services as specifically set forth in this Agreement, the scope of this Agreement shall be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by Contractor resulting from any change in law.

3.3 Effective Date, Term, and Extension of this Agreement The ‘Effective Date’ of this Agreement shall be the date upon which all the conditions set forth below in Section 3.4 have been met, and both parties have properly executed the Agreement. Contractor shall provide Solid Waste Collection Services and Disposal Services in accordance with this Agreement for a period of fourteen (14) years beginning July 1, 2022 through midnight on June 30, 2036 (the ‘Term’), unless this Agreement is terminated sooner pursuant to Section 12 of this Agreement. The City shall have the sole right and option to extend the term of this Agreement for an additional five (5) years beginning July 1, 2036. If the City desires to extend the term, it shall notify the Contractor in writing of its intent to extend the term no later than June 30, 203 2. If the City does not notify the Contractor in writing by June 30, 2032 of its intent to extend the term, it shall lose its right to extend the term.

3.4 Conditions to Effectiveness of Agreement
The satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City in writing, is a condition precedent to the effectiveness of this Agreement, and a condition of Contractor's continued right to the benefits conveyed in this Agreement:

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Indio City CouncilJune 15, 2022

Indio City Council
June 15, 2022