Agenda, first session — Indio City Council, July 20, 2022 (part 2 of 5)

AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 106 of 556 Holdings Report
City of Indio - Account #10043
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
46647PCK0 JP Morgan Chase & Co Callable Note Cont 6/23/2024

0.969% Due 06/23/2025
290,000.00 Various

0.93%
290,180.25
290,180.25

95.56 2.37%
277,109.80
764.97

0.39%
(13,070.45)
A2 / A-
AA-

3.23 3.14
89788MAA0 Truist Financial Corp Callable Note Cont 07/03/2025

1.200% Due 08/05/2025
650,000.00 02/03/2022

1.85%
635,726.00
635,726.00

94.27 3.01%
612,771.90
1,213.33

0.87%
(22,954.10)
A3 / A-
A

3.35 3.23
46647PBK1 JP Morgan Chase & Co Callable Note Cont 4/22/2025

2.083% Due 04/22/2026
479,000.00 Various

2.07%
480,444.07
480,444.07

96.61 2.99%
462,766.21
4,406.77

0.66%
(17,677.86)
A2 / A-
AA-

4.06 3.82
023135BX3 Amazon.com Inc Callable Note Cont 4/12/2026

1.000% Due 05/12/2026
900,000.00 05/10/2021

1.09%
896,112.00
896,112.00

93.86 2.58%
844,714.80
3,475.00

1.21%
(51,397.20)
A1 / AA
AA-

4.12 3.97
91324PEC2 United Health Group Inc Callable Note Cont 4/15/2026

1.150% Due 05/15/2026
1,150,000.00 Various

1.47%
1,134,105.50
1,134,105.50

93.05 2.95%
1,070,018.65
4,996.10

1.53%
(64,086.85)
A3 / A+
A

4.13 3.96
89236TJK2 Toyota Motor Credit Corp Note

1.125% Due 06/18/2026
615,000.00 06/15/2021

1.13%
614,729.40
614,729.40

92.90 2.93%
571,357.14
1,979.53

0.81%
(43,372.26)
A1 / A+
A+

4.22 4.05
06051GJD2 Bank of America Corp Callable Note Cont 6/19/2025

1.319% Due 06/19/2026
750,000.00 Various

1.67%
739,760.00
739,760.00

93.83 2.91%
703,730.25
2,802.87

1.00%
(36,029.75)
A2 / A-
AA-

4.22 4.04
037833DN7 Apple Inc Callable Note Cont 7/11/2026

2.050% Due 09/11/2026
700,000.00 12/02/2021

1.51%
717,388.00
717,388.00

97.20 2.72%
680,385.30
797.22

0.97%
(37,002.70)
Aaa / AA+
NR

4.45 4.21
06368FAC3 Bank of Montreal Note

1.250% Due 09/15/2026
500,000.00 09/10/2021

1.29%
498,915.00
498,915.00

91.93 3.21%
459,651.50
277.78

0.65%
(39,263.50)
A2 / A-
AA-

4.46 4.27
931142ER0 Wal-Mart Stores Callable Note Cont 08/17/2026

1.050% Due 09/17/2026
645,000.00 Various

1.03%
645,650.95
645,650.95

93.10 2.70%
600,484.04
263.38

0.85%
(45,166.91)
Aa2 / AA
AA

4.47 4.31
87612EBM7 Target Corp Callable Note Cont 12/15/2026

1.950% Due 01/15/2027
415,000.00 01/19/2022

1.99%
414,294.50
414,294.50

96.72 2.69%
401,373.06
1,506.10

0.57%
(12,921.44)
A2 / A
A

4.80 4.51
808513BY0 Charles Schwab Corp Callable Note Cont 2/3/2027

2.450% Due 03/03/2027
495,000.00 03/01/2022

2.46%
494,858.10
494,858.10

97.21 3.06%
481,204.35
943.25

0.69%
(13,653.75)
A2 / A
A

4.93 4.58
084664CZ2 Berkshire Hathaway Callable Note Cont 2/15/2027

2.300% Due 03/15/2027
840,000.00 03/07/2022

2.30%
839,840.40
839,840.40

98.28 2.67%
825,565.44
858.67

1.17%
(14,274.96)
Aa2 / AA
A+

4.96 4.64
40139LBF9 Guardian Life Glob Fun Note

3.246% Due 03/29/2027
375,000.00 03/24/2022

3.25%
375,000.00
375,000.00

99.81 3.29%
374,300.25

67.63 0.53%
(699.75)
Aa2 / AA+
NR

5.00 4.57
TOTAL Corporate 19,305,000.00 1.66%
19,418,430.73
19,418,430.73 2.65%
18,716,850.57
69,556.66

26.70%
(701,580.16)
A1 / A+
A+

3.14 3.00
As of March 31, 2022
34

Page 37 of 46 ends

AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 107 of 556 Holdings Report
City of Indio - Account #10043
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
Money Market Fund
60934N104 Federated Investors Government Obligations Fund 53,422.69 Various

0.13%
53,422.69
53,422.69

1.00 0.13%
53,422.69

0.00 0.08%

0.00 Aaa / AAA
AAA

0.00 0.00
TOTAL Money Market Fund 53,422.69 0.13%
53,422.69
53,422.69 0.13%
53,422.69

0.00 0.08%

0.00 Aaa / AAA
Aaa

0.00 0.00
Municipal Bonds
13063DRK6 California State Taxable GO

2.400% Due 10/01/2024
545,000.00 10/16/2019

1.91%
557,518.65
557,518.65

99.41 2.64%
541,800.85
6,540.00

0.78%
(15,717.80)
Aa2 / AA-
AA

2.51 2.38
TOTAL Municipal Bonds 545,000.00 1.91%
557,518.65
557,518.65 2.64%
541,800.85
6,540.00

0.78%
(15,717.80)
Aa2 / AA-
AA

2.51 2.38
Negotiable CD
06417MNN1 Bank of Nova Scotia Houston Yankee CD

0.220% Due 04/14/2022
500,000.00 04/29/2021

0.22%
499,999.90
499,999.90

99.99 0.35%
499,974.50
1,075.56

0.71%
(25.40)
P-1 / A-1
F-1+

0.04 0.04
TOTAL Negotiable CD 500,000.00 0.22%
499,999.90
499,999.90 0.35%
499,974.50
1,075.56

0.71%
(25.40)
Aaa / AA
Aaa

0.04 0.04
Supranational
45950KCT5 International Finance Corp Note

0.375% Due 07/16/2025
2,500,000.00 10/29/2021

1.07%
2,437,250.00
2,437,250.00

93.10 2.57%
2,327,570.00
1,953.13

3.31%
(109,680.00)
Aaa / AAA
NR

3.30 3.23
459058JL8 Intl. Bank Recon & Development Note

0.500% Due 10/28/2025
2,080,000.00 Various

0.64%
2,067,555.77
2,067,555.77

92.91 2.59%
1,932,534.25
4,420.01

2.75%
(135,021.52)
Aaa / AAA
AAA

3.58 3.49
4581X0DV7 Inter-American Dev Bank Note

0.875% Due 04/20/2026
2,080,000.00 Various

0.88%
2,078,743.40
2,078,743.40

93.40 2.60%
1,942,772.01
8,139.45

2.77%
(135,971.39)
Aaa / AAA
AAA

4.06 3.92
TOTAL Supranational 6,660,000.00 0.87%
6,583,549.17
6,583,549.17 2.59%
6,202,876.26
14,512.59

8.84%
(380,672.91)
Aaa / AAA
Aaa

3.62 3.53
US Treasury
912828T91 US Treasury Note

1.625% Due 10/31/2023
500,000.00 06/26/2019

1.77%
496,914.06
496,914.06

99.21 2.13%
496,054.50
3,411.60

0.71%
(859.56)
Aaa / AA+
AAA

1.59 1.54
91282CAW1 US Treasury Note

0.250% Due 11/15/2023
3,500,000.00 Various

0.55%
3,479,003.91
3,479,003.91

96.95 2.17%
3,393,358.50
3,311.46

4.83%
(85,645.41)
Aaa / AA+
AAA

1.63 1.60
91282CBE0 US Treasury Note

0.125% Due 01/15/2024
1,150,000.00 02/25/2021

0.26%
1,145,552.73
1,145,552.73

96.28 2.26%
1,107,188.95
301.80

1.57%
(38,363.78)
Aaa / AA+
AAA

1.79 1.77
As of March 31, 2022
35

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AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 108 of 556 Holdings Report
City of Indio - Account #10043
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
912828B66 US Treasury Note

2.750% Due 02/15/2024
795,000.00 Various

2.06%
819,510.55
819,510.55
100.83

2.29%
801,614.40
2,717.71

1.14%
(17,896.15)
Aaa / AA+
AAA

1.88 1.82
91282CBR1 US Treasury Note

0.250% Due 03/15/2024
450,000.00 03/30/2021

0.33%
448,910.16
448,910.16

96.13 2.29%
432,562.50

51.97 0.61%
(16,347.66)
Aaa / AA+
AAA

1.96 1.93
912828X70 US Treasury Note

2.000% Due 04/30/2024
700,000.00 06/10/2019

1.92%
702,460.94
702,460.94

99.31 2.34%
695,160.20
5,878.45

1.00%
(7,300.74)
Aaa / AA+
AAA

2.08 2.01
912828XX3 US Treasury Note

2.000% Due 06/30/2024
700,000.00 07/30/2019

1.87%
704,402.34
704,402.34

99.16 2.39%
694,093.40
3,519.34

0.99%
(10,308.94)
Aaa / AA+
AAA

2.25 2.18
912828D56 US Treasury Note

2.375% Due 08/15/2024
700,000.00 08/29/2019

1.45%
731,035.16
731,035.16

99.86 2.44%
698,988.50
2,066.64

1.00%
(32,046.66)
Aaa / AA+
AAA

2.38 2.29
9128283D0 US Treasury Note

2.250% Due 10/31/2024
500,000.00 11/07/2019

1.77%
511,308.59
511,308.59

99.48 2.46%
497,402.50
4,723.76

0.71%
(13,906.09)
Aaa / AA+
AAA

2.59 2.47
91282CAJ0 US Treasury Note

0.250% Due 08/31/2025
750,000.00 09/15/2021

0.65%
738,369.14
738,369.14

92.63 2.51%
694,746.00
163.04

0.99%
(43,623.14)
Aaa / AA+
AAA

3.42 3.36
91282CAM3 US Treasury Note

0.250% Due 09/30/2025
1,100,000.00 02/05/2021

0.42%
1,091,621.09
1,091,621.09

92.48 2.51%
1,017,285.50

7.51 1.45%
(74,335.59)
Aaa / AA+
AAA

3.50 3.44
91282CAT8 US Treasury Note

0.250% Due 10/31/2025
1,100,000.00 Various

0.40%
1,092,301.76
1,092,301.76

92.30 2.51%
1,015,308.80
1,154.70

1.44%
(76,992.96)
Aaa / AA+
AAA

3.59 3.52
91282CAZ4 US Treasury Note

0.375% Due 11/30/2025
1,050,000.00 03/26/2021

0.77%
1,031,173.83
1,031,173.83

92.55 2.51%
971,824.35
1,319.71

1.38%
(59,349.48)
Aaa / AA+
AAA

3.67 3.59
91282CBH3 US Treasury Note

0.375% Due 01/31/2026
1,000,000.00 02/22/2021

0.59%
989,492.19
989,492.19

92.26 2.50%
922,617.00
621.55

1.31%
(66,875.19)
Aaa / AA+
AAA

3.84 3.76
91282CBT7 US Treasury Note

0.750% Due 03/31/2026
700,000.00 09/10/2021

0.76%
699,808.59
699,808.59

93.36 2.50%
653,543.10

14.34 0.93%
(46,265.49)
Aaa / AA+
AAA

4.00 3.90
91282CCZ2 US Treasury Note

0.875% Due 09/30/2026
630,000.00 10/18/2021

1.19%
620,574.61
620,574.61

93.20 2.48%
587,179.53

15.06 0.83%
(33,395.08)
Aaa / AA+
AAA

4.50 4.36
91282CDG3 US Treasury Note

1.125% Due 10/31/2026
1,500,000.00 11/22/2021

1.27%
1,489,863.28
1,489,863.28

94.18 2.48%
1,412,754.00
7,085.64

2.02%
(77,109.28)
Aaa / AA+
AAA

4.59 4.40
TOTAL US Treasury 16,825,000.00 0.92%
16,792,302.93
16,792,302.93 2.37%
16,091,681.73
36,364.28

22.92%
(700,621.20)
Aaa / AA+
Aaa

2.80 2.73
TOTAL PORTFOLIO 72,554,898.52 1.23%
72,904,426.00
72,904,426.00 2.44%
70,179,820.91
182,455.22
100.00%
(2,724,605.09)
Aa2 / AA
Aaa

2.84 2.58
TOTAL MARKET VALUE PLUS ACCRUALS 70,362,276.13
As of March 31, 2022
36

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AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 109 of 556 Holdings Report
City of Indio LAIF Account - Account #10067
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
LAIF
90LAIF$00 Local Agency Investment Fund State Pool 47,146,575.85 Various

0.42%
47,146,575.85
47,146,575.85

1.00 0.42%
47,146,575.85
34,090.58
100.00%

0.00 NR / NR
NR

0.00 0.00
TOTAL LAIF 47,146,575.85 0.42%
47,146,575.85
47,146,575.85 0.42%
47,146,575.85
34,090.58
100.00%

0.00 NR / NR
NR

0.00 0.00
TOTAL PORTFOLIO 47,146,575.85 0.42%
47,146,575.85
47,146,575.85 0.42%
47,146,575.85
34,090.58
100.00%

0.00 NR / NR
NR

0.00 0.00
TOTAL MARKET VALUE PLUS ACCRUALS 47,180,666.43
As of March 31, 2022
37

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AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 110 of 556 SECTION |
Section 5 |
Transactions
38

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AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 111 of 556 Transaction Ledger
City of Indio - Account #10043
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 01/13/2022 89236TJT3 630,000.00 Toyota Motor Credit Corp Note

1.45% Due: 01/13/2025

99.866 1.50% 629,155.80 0.00 629,155.80 0.00
Purchase 01/19/2022 05601XAC3 235,000.00 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due: 03/25/2025

99.985 1.11% 234,964.87 0.00 234,964.87 0.00
Purchase 01/19/2022 380146AC4 155,000.00 GM Financial Auto Receivables 2022-1 A3

1.26% Due: 11/16/2026

99.991 1.27% 154,986.53 0.00 154,986.53 0.00
Purchase 01/24/2022 87612EBM7 415,000.00 Target Corp Callable Note Cont 12/15/2026

1.95% Due: 01/15/2027

99.830 1.99% 414,294.50 0.00 414,294.50 0.00
Purchase 02/01/2022
713448EQ7 770,000.00 Pepsico Inc. Callable Note Cont 2/19/2025

2.25% Due: 03/19/2025
101.658 1.70% 782,766.60 6,352.50 789,119.10 0.00
Purchase 02/07/2022
89788MAA0 650,000.00 Truist Financial Corp Callable Note Cont 07/03/2025

1.2% Due: 08/05/2025

97.804 1.85% 635,726.00 43.33 635,769.33 0.00
Purchase 02/22/2022
06051GJD2 250,000.00 Bank of America Corp Callable Note Cont 6/19/2025

1.319% Due: 06/19/2026

95.540 2.44% 238,850.00 577.06 239,427.06 0.00
Purchase 02/22/2022
46647PBK1 300,000.00 JP Morgan Chase & Co Callable Note Cont 4/22/2025

2.083% Due: 04/22/2026

98.254 2.54% 294,762.00 2,083.00 296,845.00 0.00
Purchase 02/23/2022
36265MAC9 490,000.00 GM Financial Auto Lease Trust 2022-1 A3

1.9% Due: 03/20/2025

99.999 1.91% 489,995.79 0.00 489,995.79 0.00
Purchase 02/23/2022 43815BAC4 385,000.00 Honda Auto Receivables Trust 2022-1 A3

1.88% Due: 05/15/2026

99.985 1.89% 384,942.10 0.00 384,942.10 0.00
Purchase 03/03/2022 808513BY0 285,000.00 Charles Schwab Corp Callable Note Cont 2/3/2027

2.45% Due: 03/03/2027

99.892 2.47% 284,692.20 0.00 284,692.20 0.00
Purchase 03/03/2022 808513BY0 210,000.00 Charles Schwab Corp Callable Note Cont 2/3/2027

2.45% Due: 03/03/2027
100.079 2.43% 210,165.90 0.00 210,165.90 0.00
Purchase 03/15/2022 084664CZ2 840,000.00 Berkshire Hathaway Callable Note Cont 2/15/2027

2.3% Due: 03/15/2027

99.981 2.30% 839,840.40 0.00 839,840.40 0.00
December 31, 2021 through March 31, 2022
As of March 31, 2022
39

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AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 112 of 556 Transaction Ledger
City of Indio - Account #10043
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Purchase 03/16/2022 448977AD0 525,000.00 Hyundai Auto Receivables Trust 2022-A A3

2.22% Due: 10/15/2026

99.996 2.23% 524,979.79 0.00 524,979.79 0.00
Purchase 03/16/2022 47787JAC2 295,000.00 John Deere Owner Trust 2022-A A3

2.32% Due: 09/16/2026

99.978 2.34% 294,934.75 0.00 294,934.75 0.00
Purchase 03/25/2022 89238EAC0 250,000.00 Toyota Lease Owner Trust 2021-A A3

0.39% Due: 04/22/2024

98.000 2.16% 245,000.00 13.54 245,013.54 0.00
Purchase 03/29/2022 40139LBF9 375,000.00 Guardian Life Glob Fun Note

3.246% Due: 03/29/2027
100.000 3.25% 375,000.00 0.00 375,000.00 0.00
Subtotal 7,060,000.00 7,035,057.23 9,069.43 7,044,126.66 0.00 TOTAL ACQUISITIONS 7,060,000.00 7,035,057.23 9,069.43 7,044,126.66 0.00

DISPOSITIONS
Sale 01/13/2022
89236TJD8 255,000.00 Toyota Motor Credit Corp Note

0.4% Due: 04/06/2023

99.524 0.79% 253,786.20 274.83 254,061.03 -1,007.25
Sale 01/13/2022 912828TJ9 300,000.00 US Treasury Note

1.625% Due: 08/15/2022
100.773 0.31% 302,320.31 2,000.34 304,320.65 5,764.62
Sale 01/13/2022
912828XG0 180,000.00 US Treasury Note

2.125% Due: 06/30/2022
100.871 0.25% 181,567.97 137.36 181,705.33 -436.54
Sale 01/31/2022
912828TJ9 200,000.00 US Treasury Note

1.625% Due: 08/15/2022
100.645 0.43% 201,289.06 1,492.53 202,781.59 3,585.27
Sale 02/01/2022
313378CR0 55,000.00 FHLB Note

2.25% Due: 03/11/2022
100.241 0.08% 55,132.55 481.25 55,613.80 -619.30
Sale 02/01/2022
532457BQ0 375,000.00 Eli Lilly & Co Note

2.35% Due: 05/15/2022
100.442 0.81% 376,657.50 1,860.42 378,517.92 -1,612.50
Sale 02/07/2022
69353RFE3 650,000.00 PNC Bank Callable Note Cont 6/28/2022

2.45% Due: 07/28/2022
100.761 0.50% 654,946.50 398.13 655,344.63 2,305.00
Sale 02/17/2022
912828M49 650,000.00 US Treasury Note

1.875% Due: 10/31/2022
100.668 0.91% 654,341.80 3,669.72 658,011.52 6,745.98
Sale 02/17/2022
912828TJ9 150,000.00 US Treasury Note

1.625% Due: 08/15/2022
100.449 0.71% 150,673.83 13.47 150,687.30 2,395.98
December 31, 2021 through March 31, 2022
As of March 31, 2022
40

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AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 113 of 556 Transaction Ledger
City of Indio - Account #10043
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Sale 02/18/2022 313380GJ0 400,000.00 FHLB Note
2% Due: 09/09/2022
100.647 0.84% 402,588.00 3,533.33 406,121.33 -2,492.00
Sale 03/03/2022
313380GJ0 250,000.00 FHLB Note
2% Due: 09/09/2022
100.625 0.79% 251,562.50 2,416.67 253,979.17 -1,612.50
Sale 03/03/2022
912828M49 150,000.00 US Treasury Note

1.875% Due: 10/31/2022
100.699 0.81% 151,048.83 955.63 152,004.46 1,603.64
Sale 03/03/2022
912828N30 50,000.00 US Treasury Note

2.125% Due: 12/31/2022
100.953 0.97% 50,476.56 181.98 50,658.54 -607.42
Sale 03/09/2022
3130A4CH3 800,000.00 FHLB Note

2.375% Due: 03/14/2025
101.680 1.80% 813,440.00 9,236.11 822,676.11 -32,344.00 Sale 03/11/2022
912828N30 650,000.00 US Treasury Note

2.125% Due: 12/31/2022
100.824 1.10% 655,357.42 2,670.93 658,028.35 -8,734.38
Sale 03/11/2022
912828T91 200,000.00 US Treasury Note

1.625% Due: 10/31/2023

99.977 1.64% 199,953.13 1,176.10 201,129.23 1,187.50
Sale 03/28/2022
3137EAEN5 375,000.00 FHLMC Note

2.75% Due: 06/19/2023
100.849 2.04% 378,183.75 2,835.94 381,019.69 5,066.25
Subtotal 5,690,000.00 5,733,325.91 33,334.74 5,766,660.65 -20,811.65 Call 01/13/2022
06406RAA5 370,000.00 Bank of NY Mellon Corp Callable Note Cont 1/7/2022

2.6% Due: 02/07/2022
100.000 2.60% 370,000.00 4,168.67 374,168.67 0.00
Subtotal 370,000.00 370,000.00 4,168.67 374,168.67 0.00 TOTAL DISPOSITIONS 6,060,000.00 6,103,325.91 37,503.41 6,140,829.32 -20,811.65 December 31, 2021 through March 31, 2022
As of March 31, 2022
41

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AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 114 of 556 Important Disclosures
2022 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.

Information contained herein is confidential. Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Source ice Data Indices, LLC ("ICE"), used with permission. ICE permits use of the ICE indices and related data on an "as is" basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an "as is" basis and licensee's use it at licensee's own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.

This re port is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.

Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.

Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively.

As of March 31, 2022
42

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AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 115 of 556 Benchmark Disclosures
ICE BofA 1-3 Yr US Treasury Index
The ICE BofA 1-3 Year US Treasury Index tracks the performance of US dollar-denominated sovereign debt publicly issued by the US government in its domestic market. Qualifying securities must have at least one year remaining term to final maturity and less than three years remaining term to final maturity, a fixed coupon schedule, and a minimum amount outstanding of $1 billion. Qualifying securities must have at least 18 months to final maturity at the time of issuance.

ICE BofA 1-5 Yr US Treasury & Agency Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

As of March 31, 2022
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AGENDA ITEM #9.3
Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and ...Page 116 of 556 City of Indio
City Council
July 20, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Rob Rockwell, Asst. City Manager & Dir. Of Finance Subject: Resolution No. 10307 rescinding authorization to issue Pension Obligation Bonds and the Validation Action.

RECOMMENDATION:

Adopt Resolution No. 10307 rescinding Resolution No. 10237 and Resolution No. 10271 which authorized Pension Obligation Bonds, a Validation Action, and certain related actions in connection therewith.

SUMMARY:

Due to various factors including but not limited to increased interest rates for bonds, staff recommends that the City forego the City's effort to issue pension obligation bonds and rescind authorization to complete the validation action.

BACKGROUND INFORMATION:

On November 3, 2021 and April 6, 2022, the City Council approved Resolution No. 10237 and Resolution No. 10271, respectively (together, the “Resolutions”), authorizing the issuance and delivery of pension obligation bonds to refund certain outstan ding obligations of the City to the California Public Employees’ Retirement System. The Resolutions, among other things, authorized a validation action in connection with such bonds. For several reasons, including but not limited to, increased interest rates for bonds, staff recommends that the City Council resend their prior actions, thereby ending the the City's effort to issue pension obligation bonds. Approval of Resolution 10307 rescinds Resolutions 10237 and 10271 in their entirety and authorizes th e City Manager to take all actions to terminate the validation action, related to the City of Indio v. All Persons Interested (Case No. CVPS2106546).

ATTACHMENTS:

Resolution No. 10307 - Rescinding POB Resolutions

APPROVAL(S):

Roxanne Diaz, City Attorney Approved - 08 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 11 Jul 2022 Bryan H. Montgomery, City Manager Approved - 11 Jul 2022

AGENDA ITEM #9.4
Resolution No. 10307 rescinding authorization to issue Pension Obligatio... Page 117 of 556 1 RESOLUTION NO. 10307

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, RESCINDING RESOLUTION NO. 10237 AND
RESOLUTION NO. 10271 WHICH AUTHORIZED PENSION

OBLIGATION BONDS AND A VALIDATION ACTION AND CERTAIN

RELATED ACTIONS IN CONNECTION THEREWITH
WHEREAS, on November 3, 2021 and April 6, 2022, the City Council approved Resolution No. 10237 and Resolution No. 10271, respectively (together, the “Resolutions”) authorizing the issuance and delivery of pension obligation bonds to refund certain outstanding obligations of the City to the California Public Employees’ Retirement System, and among other things, a validation action in connection with such bonds; and
WHEREAS, the City Council no longer desires to issue pension obligation bonds; and
WHEREAS, the City Council now desires to rescind the Resolutions and terminate the validation action.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1.Recitals. The above recitals, and each of them, are true and correct.

Section 2.Rescission of Resolutions. The Resolutions, which authorized pension obligation bonds to refund certain outstanding obligations of the City to the California Public Employees’ Retirement System and a validation action, are hereby rescinded in their entirety.

Section 3.Termination of Validation Action. The City Manager is hereby directed to take all necessary and appropriate actions to terminate validation action City of Indio v. All Persons Interested (Case No. CVPS2106546).

Section 4.Effective Date. This Resolution shall take effect immediately upon its adoption.
/ / /
/ / /
/ / /
/ / /

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AGENDA ITEM #9.4
Resolution No. 10307 rescinding authorization to issue Pension Obligatio... Page 118 of 556 2 / / /
PASSED, APPROVED AND ADOPTED this 20th day of July, 2022. ________________________

WAYMOND FERMON
MAYOR
ATTEST:
_________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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AGENDA ITEM #9.4
Resolution No. 10307 rescinding authorization to issue Pension Obligatio... Page 119 of 556 City of Indio
City Council
July 20, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: IWA Warrants from 06.01.2022 thru 07.05.2022

ATTACHMENTS:

IWA Warrant Register - Period 06.01.22 thru 07.05.22

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 06 Jul 2022

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IWA Warrants from 06.01.2022 thru 07.05.2022 (Rey Trejo, IWA General Man...Page 133 of 556 City of Indio
City Council
July 20, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterworks) for as-needed water meters and meter parts during Fiscal Year 2022-2023 in an amount not to exceed $350,000

RECOMMENDATION:

That the City Council and Indio Water Authority Board approve the supplier agreement with Ferguson Enterprises, LLC (dba Ferguson Waterworks) for as -needed Neptune water meters and meter parts in the not to exceed amount of $350,000 in accordance with the approved budget and authorize the City Manager to approve the purchase order.

SUMMARY:

The Indio Water Authority’s approved Fiscal Year 2022 -2023 budget includes anticipated earned revenue from water meter sales and corresponding meter expenses related to development. The budget also includes funding to replace inefficient and out of warranty meters and metering equipment.

Staff is recommending approval of a supplier agreement with Ferguson Enterprises, LLC (dba Ferguson Waterworks) for the purchase of as-needed water meters and meter parts.

BACKGROUND INFORMATION:

Customer water use is met ered by the Indio Water Authority to recover the cost of providing water service. In 2012, the City Council/IWA Board approved the selection of Neptune, now owned by Ferguson Enterprises, LLC. (dba Ferguson Waterworks), as its standard water meter; all water meters in the City/IWA service area are manufactured by the company. Ferguson Waterworks is the sole distributor of Neptune water meters, reading systems, replacement parts, automated meter networks, and other value-added services. Using one vendor for water meters ensures that metering technology is consistent for all IWA customers and the costs for maintaining and replacing meters are reduced.

Stocking similar parts and materials and having personnel trained in the handling of those parts and materials also results in lower costs. There are currently over 24,000 active water service connections City-wide, all of which are radio-read technology. All new development projects are required to install radio read water meters obtained from IWA. Neptune meters have proven to be reliable and durable.

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 134 of 556

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$350,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Water Operating Budget Fund-Org-Object Reference:
8106713-531075

Additional Financial Details:

Funds are budgeted in IWA Operating Budget Account #8106713 - 531075 for the purchase of water meters for new development and non-warranty meters for Fiscal Year 2022-2023.

ATTACHMENTS:

Attachment 1 - Supplier Agreement with Exhibits A and B

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 28 Jun 2022 Lolly Enriquez, Assistant City Attorney Approved - 28 Jun 2022 Brian Kinder, Finance Manager Approved - 28 Jun 2022
Bryan H. Montgomery, City Manager Approved - 01 Jul 2022

Page 2 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 135 of 556

SUPPLIER AGREEMENT
INDIO WATER AUTHORITY and FERGUSON ENTERPRISES, LLC dba FERGUSON

WATERWORKS
This Agreement (“Agreement”) is made and entered into on this 20*** day of July, 2022 by and between the Indio Water Authority, a California Joint Powers Authority (“IWA”) and Ferguson Enterprises, LLC dba Ferguson Waterworks (“FE”). IWA and FE are sometimes referenced together 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 “Party.” I. TERM
Term of Agreement. This Agreement shall commence and be effective as of July 20,2022 and shall terminate on June 30,2023, unless sooner terminated by IWA.

Termination Prior to the Expiration of the Agreement. IWA shall have the right to terminate this Agreement for any reason or for no reason upon at least thirty days prior written notice. In the event of termination, FE shall be entitled to receive payment for all products delivered to and accepted by IWA up to the date of termination.

SCOPE OF SERVICES, PRICE AND PAYMENTn.

Scope of Services. Upon submittal of a written purchase order by IWA, FE agrees to supply the products and good at the price listed in FE’s Schedule of Price dated June 10, 2022, which is attached hereto and incorporated herein as Exhibit A (“Schedule of Price”).

Ordering. IWA may order goods by submitting a written purchase order identifying the goods and the quantity to be shipped. FE shall, within thirty days of the receipt of the order, fulfill the order by shipping the goods to the IWA, fi*ee of charge. FE shall be responsible and bear the risk of loss and or damage for goods regardless of the cause imtil goods are received, delivered and accepted by IWA. Delivery time and dates shall be coordinated between the parties.

Acceptance. IWA has the right to inspect the goods upon receipt and within five business days after delivery, IWA shall give notice of any damages to such goods or notice that the goods do not meet the specifications or otherwise do not conform to the requirements of the order placed by IWA. In such case, IWA shall have the right to reject the goods and goods rejected after delivery may at IWA’s option be returned to FE for reimbursement, credit, replacement or correction at FE expense. Any goods rejected and returned to FE shall be at FE’s expense.

Payment. IWA shall remit payment to FE within thirty days of receipt of the invoice. If the thirtieth day falls on anon-business day, weekend, or holiday. Parties agree that due date for payment may be extended until the next business day. The maximum compensation provided to FE under this Agreement shall not exceed $350,000.

D.
1

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AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 136 of 556 WARRANTIESIII.

FE warrants that the goods sold hereunder are new and free from defects in material and workmanship, without third party liens or encumbrances of title, and will conform to applicable written drawings, specifications and other data. All warranties shall survive acceptance and payment, and shall run to IWA and its customers. The warranties provided to IWA are set forth in Exhibit B attached hereto and incorporated herein by this reference.

All goods such as but not limited to the water meters, registers, radios, handheld & mobile reading devices and software supplied by FE to IWA are covered by the manufacturer's warranties which are attached as Exhibit B. Said warranties shall be coordinated by FE at no additional cost to IWA. FE HEREBY DISCLAIMS ALL EXPRESSED AND IMPLIED

WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE,

INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES SHALL FE BE HELD LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND.

FE shall comply with all applicable federal, state and local laws in the performanceC. of this Agreement.

NOTICEIV.

Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

If to IWA:

Water Operations Manager
83-101 Avenue 45
Indio, California 92201
Phone: (760) 625-1852
E-mail: [email protected]
If to FE:

Ferguson Waterworks
11909 Tech Center Ct.

Poway, CA 92064
Phone: (310)318-1843
Contact: Michael Balia
E-mail: [email protected]
2

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AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 137 of 556 MISCELLANEOUSV.

Non-assignment. This Agreement shall not be assigned in whole or in part, by FE without the prior written approval of IWA. Any attempt by FE to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Entire Agreement. This Agreement represents the entire and integrated agreement between IWA and FE and supersedes all prior negotiations, representations, or agreements, either written or oral.

Modification. This Agreement may be modified only by a written instrument signedC. by both IWA and FE
No Variance of Terms. No purchase order or other ordering document that purports to modify or supplement the printed text of this Agreement or any Exhibit shall add to or vary the terms of this Agreement or its Exhibits. All such proposed variations, edits, or additions whether submitted by IWA or FE to this Agreement, are objected to and deemed material unless otherwise mutually agreed to in writing.

Waiver. No modification to this Agreement nor any failure or delay in enforcing any term, exercising any option, or requiring performance shall be biding or construed as a waiver unless agreed to in writing by both parties.

Remedies Cumulative. Except as otherwise specifically stated herein, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy.

Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

Jurisdiction. This Agreement, and the application or interpretation hereof, shall be governed exclusively by its terms and by the laws of the State of California.

Venue. Venue for all purposes shall be deemed to lie within Riverside County California and any action to enforce this Agreement or for any remedies, damages, or other relief shall only be brought in the State courts of the State of California in and for the County of Riverside.

1. Authority to Execute. The persons executing this agreement on behalf of FE warrant that they are duly authorized to execute this agreement on behalf of the entity for which they are signing, and that by executing this Agreement, the party for which each is signing is bound by this Agreement.

IWA Not Obligated to Third Parties. IWA shall not be obligated or liable under this Agreement to any party other than FE.

K.
3

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AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 138 of 556 Exhibits: Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Attorney's Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Notice of Labor Disputes. Whenever FE has knowledge that any actual or potential labor dispute which delays or threatens to delay FE’s timely performance of fulfilling any orders placed by IWA, FE shall immediately give written notice thereof, including all relevant information to IWA.

Intellectual Property Indemnification. FE shall indemnify and hold harmless IWA and the City of Indio, its customers and users of the goods purchased, from and against all loss, liability and damage, including attorney’s fees, costs and expenses, resulting from any claim that the manufacture, use, lease, sale or resale or any goods supplied under this Agreement infringe any patent or patent rights, trademarks, trade names, copyrights, or other intellectual property rights. FE will, when notified, defend any action or claim of such infringement at its own expense.

O.
[SIGNATURES ON FOLLOWING PAGE]
4

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AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 139 of 556 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year specified above.

INDIO WATER AUTHORITY
BRYAN H. MONTGOMERY
Executive Director
ATTEST:

CYNTHIA HERNANDEZ, CMC
Secretary
APPROVED AS TO FORM:

ROXANNE DIAZ,
Authority General Counsel
SUPPLIER:

FERGUSON ENTERPRISES LLC
dba FERGUSON WATERWORKS
Michael Balia
Area Sales Manager
5

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AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 140 of 556 EXHIBIT “A

SCHEDULE OF PRICE
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317.40T* to se* X Meier. Ba Btm. CF E-Cooer R900I ml 6' Anienna ● ED2B22RWF3S tS93 % T-10 3M* IV4* Meter. Brz Btm. cr E-Cooer R900l ms 6' Arttnra ● E02C22RWF3SIS93 \ 384.70 T-10 3.4’SL Meter. Biz Btm. Clf E-Cooer R900I ml eAntenna - E02D22WF3S1S93 $ 384.70 T-to 34* X1* Mettr. BIZ Btm. CF E-CoOer R900I ml ^Antenna - ED2E22RWF3S1593 286.40i T-10 r Meter. Brz BVn. cr E-Cooer RdOOl w/€’Antenna - E02F22RWF3S1593 % 334.10 HPTurWne 1 1/r (lD*li) Meter; E-Coder R90W Pit.CF- ET4HRWF3 % 1.025.40 HP Tumine 2' MeMr E-cooer R9fl0i Pit CF - etaarwfs S 1,025.40 HP Turwne 3’ Meier E-cooer R900I Px CF - ET46RWF3 S 1,696.00 HP Tumne 4’ MeiK: E-COOer R900l Pit CF - ET4CRWF3 % 1.905.40 S 3,398.00HP Tureine 6’ Meier E-Coder R900I Pit CF- ET4DRWF3 HP Turome 8* Meier E-Cooer R900I Pit CF - ET4ERWF3 i 4.955.40 HP Turtine to* Meter E-Cooer R900 P«. CF - ET4FPWF3 7,652.008 TruFio Compound r (is 1«*LL) Meier E-Coder R9O0i Pit CF - EC2ARWF3 1.984.70S TruFio Compound 3* Meter E-coder RSODi Pit CF - ec3»iwF3 3,059.70S TruiFlo Compound 4’ Meter E-Coder R900I PR. CF ● EC3CRWF3 S 4,182.50 TruFio Compound 6* Meter E-Coder R90DI Pit CF - EC30RWF3 6,116.008 TruFio Compound 6* x r Meter E-Cooer R900IPB. CF -EC3ERWF3 S 10.031.40 HP SS PTOieca* 4* Meier t-lD Bypaaa; E-Cooer R90QI Wt CF - EP7CiRWF3 8 10.094.00 8 16.380.00Proiecait 6* Meier t-id Bypass; E-cooer R90QI PR. CF - EP7D1RWF3HP HP SS Proteeajs a* Meier t-id Bypass; E-Cooer R900i Pn. CF - eP7Eirwf3 8 21.138.00 HP SS Protectus icr Meter T-io Bypass; E-Cooer R900I PR. CF - ep7F1RWF3 8 24.483.40 UaentO &Bx34* Meier R900i Pit CFu/6'Antenna - NEU1B2F1 8 297.60 Wacni0 34xi* Meter R900i Pit CF«/6'Antenna-NEUiE2Fi5i593 8 325.70 uaenio r Meter R900I Ai CF w; 6'Antenna - neuif2Fi5i593 8 395.00 UaentO i-t/2* ueier rsodi pi. CF mi e Antenna - neu2A2F1 siS93 8 M5.70 MacniQ 2* Meier R900i pr. cf mi S'Antenna - NEU2E2F1S1S93 8 757.90 UaentO r (I2T4.) ueier R900i pb. cf - neu3A2Fi 2,981.508 8 3.056.50Maento r (ittx) ueier Rsni pb. cf - NEU3B2F1
uaento 4* (i4*u.) ueier R900i pb. cf - neu3C2Fi 3,776.508 3,874.30Uaento 4* (20*u.) Meter R9CXii pb. cf ● neu3D2Fi 8 Uaento 6* (iru.i ueier R900i pb. cf - neu%2Fi 6340.808
uaento 6* (24*LL) Meter R900I pb. cf - NEU3F2F1 8 6,467.90

32.3086‘Anttnna-l2S27-200
203.60Retrom R90QI RegKier mi 6' Antenna 8
8 10,105.30Gateway v4 coBeeior - N13458100
8 427.40Gateway Antenna ● N1314« 1 DO
8 2,713.70Ga»way UPS ● N1307D100
8 3.780.40Gateway t SOW Scar Panel-Ni 3068200
6

Page 8 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 141 of 556 EXHIBIT “B
MANUFACTER’S WARRANTIES
7

Page 9 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 142 of 556

EXHIBIT B

A NEPTUNE TECHNOLOGY GROUP WARRANTY STATEMENT
MACH 10® Ultrasonic Meter

1. TERMS OF LIMITED WARRANTY
With respect to its Neptune® MACH 10® water meter ("MACH 10"), Neptune Technology Group Inc. ("Neptune") warrants that for meters sold after 02/01/2019 for potable water or combined potable water and residential fire service applications the MACH 10 meter will be warranted to be free from manufacturing defects in workmanship and material as follows:

MACH 10®Year of Failure
Replacement Price Discount*
Full replacement 100%1-10
11 50%
The MACH 10 will be, at the later of (i) the date of original purchase from Neptune or (ii) the date of original shipment from a Neptune-authorized distributor of water meters (that later date is referred to as "the Date of Shipment"), and will remain for a period of 18 months from the Date of Shipment, or 12 months from date of installation, whichever comes first, free from manufacturing defects in workmanship and material.

Neptune makes the following additional warranties with respect to certain MACH 10 components, dependent upon the size of meter:
12 50%
40%13
14 40%
15 30%
16 30%
20%17
a) Lead Free Bronze Maincase
i) 5/8" - 1" MACH 10
Neptune warrants that the MACH 10 lead free bronze maincase will be free from manufacturing defects in workmanship and material for twenty (20) years from the Date of Shipment. 20%18
10%19
20 10%
ii) 1%"-2" MACH 10
Neptune warrants that the MACH 10 lead free bronze maincase will be free from manufacturing defects in workmanship and material for ten (10) years from the Date of Shipment.
b) Electronics (Battery, PCB, Transducers, LCD)
i) S8"-1" MACH 10
Neptune warrants that the electronics of the MACH 10 will be free from manufacturing defects in workmanship and material fora period of twenty (20) years from the Date of Shipment. Neptune will repair or replace a non-performing MACH 10 free of charge for the first ten (10) years and at a discount of the then-current contract price, or the then-current list price, whichever is less, during the following ten (10) years per the following table.

The MACH 10 warranty does not include the external housing that encapsulates the electronics. ii) 1%"-2" MACH 10
Neptune warrants the electronics of the MACH 10 will be free from manufacturing defects in workmanship and material fora period often (10) years from the Date of Shipment. Neptune will repair or replace a non-performing MACH 10 free of charge during the ten (10) year Warranty Period. The MACH 10 warranty does not include the external housing that encapsulates the electronics.

Page 10 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 143 of 556 With respect to Section 1 and subparts a) and b), the period from the Dateof Shipment to the expiration of the specified time period is the "Warranty Period" with respect to each specified component. Neptune shall not be responsible for any defects in the MACH 10 or any specified component (whether due to design, materials, manufacture, or otherwise) that manifest themselves after the expiration of the specified Warranty Period.

2. MACH 10 METER ACCURACY
Provided that the MACH 10 meter and the components specified in Section 1 and subparts a) and b) are functioning properly (regardless of whether the MACH 10 meter and specified components are within or outside an applicable Warranty Period), Neptune makes the following warranties with respect to meter accuracy, dependent upon the size of meter:
i) SS"-1"MACH 10
Neptune MACH 10 meters are warranted to meet or exceed meter accuracy of ±1.5% for the published ranges set forth in Neptune's current product sheet in existence at the time of the Date of Shipment of the MACH 10 meter for twenty (20) years from Date of Shipment. Neptune further warrants the MACH 10 to meet or exceed extended low flow accuracy of ±3% for the published ranges set forth in Neptune's current product sheet in existence at the time of the Date of Shipment of the MACH 10 meter for twenty (20) years from Date of Shipment. ii) 11/2"-2" MACH 10
Neptune MACH 10 meters are warranted to meet or exceed meter accuracy of ±1.5% for the published ranges set forth in Neptune's current product sheet in existence at the time of the Date of Shipment of the MACH 10 meter for ten (10) years from date of shipment. Neptune further warrants the MACH 10 to meet or exceed extended lowflowaccuracy of ±3%for the published ranges set forth in Neptune's current product sheet in existence at the time of the Date of Shipment of the MACH 10 meter for ten (10) years from Date of Shipment.

3. WARRANTY RETURNS
If a Neptune MACH 10 meter fails an accuracy test during an applicable Warranty Period, it may be returned to Neptune for evaluation. Any MACH 10 meter proved to the satisfaction of Neptune to have failed the warranties set forth in this Certificate of Warranty will, at the option of Neptune, be repaired or replaced at no cost to the customer. An accuracy test shall be conducted by the customer according to then-current AWWA testing standards. Any meter being returned for repair to Neptune under this performance warranty must be returned with a copy of the customer's test results. If the meter is returned to Neptune without a copy of the test results or if Neptune's factory test shows the meter to meet Neptune's published accuracy specifications, then the customer will be charged a nominal testing fee by Neptune in such cases. If after the meter has been tested by Neptune, Neptune determines that the meter has failed the warranties set forth in this Certificate of Warranty, then Neptune will repair or replace the meter at Neptune's option.

Repaired or replacement MACH 10 meters are warranted for one (1) year after Date of Shipment of the repaired or replacement MACH 10 meter or the balance of the original MACH 10 meter warranty, whichever is greater.

4. RESPONSIBILITY LIMITED TO COSTS OF REPLACEMENT AND REPAIR If the MACH 10 fails to meet the warranties set forth in Sections 1 and 2 of this Certificate of Warranty, then Neptune, at its option shall repair or replace the MACH 10 or part thereof, provided that (a) the MACH 10 is delivered to a Neptune representative, (b) the MACH 10 is accompanied by a Return Material Authorization (RMA), and (c) all costs of delivery to Neptune are assumed by the purchaser of the MACH 10. Neptune's liability is limited to its

Page 11 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 144 of 556 costs of replacement and repair of the non-performing MACH 10, and without iimitation, this warranty does not inciudefieid replacement, labor, or materials costs, which are the responsibility of the customer. Damages resulting from miscalculation of water usage or lost revenue or profit are not recoverable from Neptune. It is the responsibility of the customer to periodically verify the operation and accuracy of its meters.

5. WARRANTIES ARE INAPPLICABLE UNDER CERTAIN CONDITIONS The warranties set forth in this Certificate of Warranty do not apply to any MACH 10 meter that has been damaged by, or subjected to, conditions which, in the opinion of Neptune, have affected the ability of the MACH 10 to perform, including but not limited to: misuse; improper handling, application or installation; excessive operating conditions; foreign materials in the water; aggressive water conditions; tampering or unauthorized repairs or modifications; accidental or intentional damage; or acts of God. This Certificate of Warranty shall not apply if the product is placed in a non-recommended installation, is connected or altered by other than Neptune recommended procedures or is read by equipment not approved or licensed by Neptune.

Neptune makes no claims concerning operability and/or compatibility or third-party reading systems. In addition, this Certificate of Warranty shall not apply if third-party reading equipment is believed to have caused damage to the MACH 10. In order to determine its liability, if any, under this Certificate of Warranty, Neptune shall have the right to inspect any MACH 10 meter or part thereof that is claimed to be defective at Neptune or other location designated by Neptune.

THE ABOVE WARRANTY FOR THE MACH 10 WATER METER IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY NEPTUNE WITH RESPECTTO THE MACH 10.

ALL OTHER WARRANTIES, CONDITIONS. TERMS, REPRESENTATIONS, OR OTHER LEGALLY OPERATIVE PROVISIONS CONCERNING THE MACH 10 ARE HEREBY EXPRESSLY EXCLUDED, INCLUDING. WITHOUT LIMITATION, ANY WARRANTY, CONDITION, TERM, AND REPRESENTATION OR OTHER LEGALLY OPERATIVE PROVISION AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS PARAGRAPH IS EXPRESSLY INTENDED TO EXCLUDE FROM THIS CONTRACT ALL STATUTORY AND COMMON LAW WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BYLAW. TO AVOID ANY AMBIGUITY OR MISUNDERSTANDING, ALL PROBLEMS ARISING WITH A MACH 10 WATER METER AFTER THIS POINT SHALL BE BUYER'S RESPONSIBILITY.

NEPTUNE'S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE MACH 10 WATER METER. NEPTUNE SHALL NOT BE SUBJECT TO AND DISCLAIMS THE FOLLOWING: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (2) ANY

OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY NEPTUNE, OR ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL, MULTIPLE. EXEMPLARY, AND PUNITIVE DAMAGES WHATSOEVER.

C 2019 Neptune Tedmologv^touplnc. All Rights Reserved. The trademerVs, lotos and service marks displayed In this document herein are the property of Neptune Technology Group Inc., its affiliates or other third parties. Availabilky and technical specifications are subject to change without notice. W MACH 10 02.19 WCWTtPPMlM

Page 12 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 145 of 556

A NEPTUNE TECHNOLOGY GROUP WARRANTY STATEMENTT
3" to 12" MACH 10® Ultrasonic Meter

1. TERMS OF LIMITED WARRANTY
With respect to its Commercial and Industrial Neptune® MACH 10® water meter ("MACH 10"), Neptune Technology Group Inc. ("Neptune") warrants that MACH 10 meters sold on or after August 1,2021, for potable water or combined potable water and fire service applications, will be warranted to be free from manufacturing defects in workmanship and material as follows:

The MACH 10 will be, at the later of (i) the date of original purchase from Neptune or (ii) the date of original shipment from a Neptune-authorized distributor of water meters (that later date is referred to as "the Date of Shipment"), and will remain for a period of 18 months from the Date of Shipment, or 12 months from date of installation, whichever comes first, free from manufacturing defects in workmanship and material. Neptune makes the following additional warranties with respect to certain MACH 10 components. MACH 10®Year of Failure
Replacement Price Discount*
Full replacement 100%a) Lead Free Bronze Maincase
Neptune warrants at the Date of Shipment that the lead free, high copper bronze maincase of the MACH 10 will be free from manufacturing defects in workmanship and material for the life of the meter. 1-5
6 70%
60%7
45%8b) Electronics (Battery, PCB, Transducers, LCD)
Neptune warrants that the unitized measuring element (UME) and/or electronics of the MACH 10 will be free from manufacturing defects in workmanship and material for a period often (10) years from the Date of Shipment. Neptune will repair or replace a non-performing MACH 10 UME free of charge for the first five (5) years and at a discount of the then-current list price, during the following five (5) years per the schedule to the right. The MACH 10 warranty does not include the external housing that encapsulates the electronics. 9 35%
25%10
* Replacement price discount percentages will be applied towards the then-current list price in effect for the year product is accepted by Neptune under warranty condirions Replacement MACH 10 electronics are warranted for one (1) year after date of shipment or balance of original MACH 10 warranty, whichever is greater.

With respect to Section 1 and subparts a) and b), the period from the Date of Shipment to the expiration of the specified time period is the 'Warranty Period" with respect to each specified component. Neptune shall not be responsible for any defects in the MACH 10 or any specified component (whether due to design, materials, manufacture, or otherwise) that manifest themselves after the expiration of the specified Warranty Period.

2. MACH 10 METER ACCURACY WARRANTY
Provided that the MACH 10 meter and the components specified in Section 1 and subparts a) and b) are functioning properly (regardless of whether the MACH 10 meter and specified components are within or outside an applicable Warranty Period detailed above), Neptune makes the following warranties with respect to meter accuracy:

Neptune MACH 10 meters are warranted to meet or exceed new meter accuracy per AWWA specifications of ±1.5% for the published ranges set forth in Neptune's current product sheet in existence at the time of the Date of Shipment of the MACH 10 meter for ten (10) years from Date of Shipment. Neptune further warrants the MACH 10 to meet or exceed extended low flow accuracy of ±3% for the published ranges set forth in Neptune's current product sheet in existence at the time of the Date of Shipment of the MACH 10 meter for ten (10) years from Date of Shipment (that period being the "Accuracy Warranty Period").

Page 13 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 146 of 556

3. WARRANTY RETURNS
If a Neptune MACH 10 meter fails an accuracy test during the Accuracy Warranty Period, the meter or UME may be returned to Neptune for evaluation. An accuracy test shall be conducted by the customer according to then-current AWWA testing standards. Any meter being returned for repair to Neptune under the accuracy warranty must be returned with a copy of the customer's test results. If the meter is returned to Neptune without a copy of the test results or if Neptune's factory test shows the meter to meet Neptune's published accuracy specifications, then the customer will be charged a nominal testing fee by Neptune in such cases. If after the meter has been tested by Neptune, Neptune determines that the meter has failed the accuracy warranty set forth in this Certificate of Warranty, then Neptune will repair or replace the meter at Neptune's option. Repaired MACH 10 meters are warranted for one (1) year after Date of Shipment of the repaired MACH 10 meter or the balance of the applicable original MACH 10 meter warranty (maincase, UM E/electronics, or accuracy), whichever is greater. if a replacement UME is deemed necessary, the new UME will include a new original warranty as specified in Sections 1 and 2 of this Certificate of Warranty.

Damages resulting from miscalculation of water usage or lost revenue or profit are not recoverable from Neptune. It is the responsibility of the customer to periodically verify the operation and accuracy of its meters.

10. In order to determine its liability, if any, under this Certificate of Warranty, Neptune shall have the right to inspect any MACH 10 meter or part thereof that is claimed to be defective at Neptune or other location designated by Neptune.

THE ABOVE WARRANTY FOR THE MACH 10 WATER METER IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY NEPTUNE WITH RESPECT TO THE MACH 10. ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS, OR OTHER LEGALLY OPERATIVE PROVISIONS CONCERNING THE MACH 10 ARE HEREBY EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY. CONDITION, TERM, AND REPRESENTATION OR OTHER LEGALLY OPERATIVE PROVISION AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS PARAGRAPH IS EXPRESSLY INTENDED TO EXCLUDE FROM THIS CONTRACT ALL STATUTORY AND COMMON LAW WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY AW.TO AVOID ANY AMBIGUITY OR MISUNDERSTANDING, ALL PROBLEMS ARISING WITH A MACH 10 WATER METER AFTER THIS POINT SHALL BE BUYER'S RESPONSIBILITY. NEPTUNE'S LIABILITY SHALL IN NO EVENT EXCEEDTHE PURCHASE PRICE OF THE MACH 10 WATER METER. NEPTUNE SHALL NOT BE SUBJECTTO AND DISCLAIMS THE FOLLOWING: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER

OTHER THEORIES OF LAW WITH RESPECTTO PRODUCTS SOLD OR SERVICES RENDERED BY NEPTUNE, OR ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL. SPECIAL MULTIPLE, EXEMPLARY, AND PUNITIVE DAMAGES WHATSOEVER.

O 2021 NeptuneTechnologvGroupInc. All Rights Reserved. The trademarks, logos and service marb displayed in this document herein are the property of Neptune Technology Group Inc., its affiliates or other third parties. Availability and technical spedReationssre subject to change without notice. W Cl MACH 101071

Page 14 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 147 of 556 I

A NEPTUNE TECHNOLOGY GROUP WARRANTY STATEMENT
Neptune T-10®, HP Turbine, TRU/FLO® Compound Cold Water Meters

1. TERMS OF LIMITED WARRANTY
With respect to its Neptune T-10®, HP TURBINE, TRU/FLO® Compound Water Meters (collectively the "Water Meters"), Neptune Technology Group Inc. ("Neptune") warrants the following on meters sold on or after 11/1/92:

The Water Meters will be, at the later of (i) the date of original purchase from Neptune or (ii) the date of original shipment from Neptune-authorized distributor of Water Meters (that later date is referred to as "the Date of Shipment") and will remain for a period of eighteen (18) months from the Date of Shipment, or twelve (12) months from date of installation, whichever comes first, free from manufacturing defects in workmanship and material. (a) Maincase. The no-lead high copper alloy or Brass maincase of the Water Meters will be at the Date of Shipment free from manufacturing defects in workmanship and material for the life of the Water Meter,
(b) Frost Protection. All Neptune T-10 Cold Water Meters shipped with a synthetic polymer or cast-iron bottom cap will, commencing upon the Date of Shipment, be warranted against chamber damage for a period of ten (10) years, (c) Registers. Standard, roll sealed registers of the Water Meters will be at the Date of Shipment, and shall remain for the following periods, free from manufacturing defeas in workmanship and material for a period of ten (10) years. The ARB®, ProRead™ (ARB VI), E-CODER® (ARB VII), and ProCoder™ system registers are warranted for ten (10) years from Date of Shipment. All ProRead encoder receptacles shipped after January 1,2001, shall be warranted for five years from the Date of Shipment. All other components and parts are covered under Neptune's standard one-year material and workmanship guarantee. (d) Meter Accuracy for Neptune T-10.

Neptune T-10 Meters and Neptune T-10
nutating disc chambers in TRU/FLO
Compound Water Meters are warranted to
meet or exceed, as listed herein, accuracy
standards of the AWWA Standard C700-95
for a period of: (i) five (5) years from Date
of Shipment for 5/8", 3/4" and 1" meters;
(ii) for a period of two (2) years from the
Date of Shipment for 1 1/2" and 2" meters;
or (iii) the applicable registration shown
below, whichever occurs first. Neptune
further guarantees that the Neptune T-10 and Neptune T-10 nutating disc chambers in TRU/FLO Compound Water Meters will perform to at least Repaired Meter Accuracy Standards, according to AWWA Manual M-6 Chapter 5 (1999) Table 5.3 for an additional ten (10) years or the registration shown below, whichever occurs first,
(e) Meter Accuracy for HP Turbine and TRU/FLO. The HP Turbine and TRU/FLO Compound Cold Water Meters will perform, for a period of one (1) year from the Date of Shipment, to American Water Works Association ("AWWA") accuracy standards for new water meters.

REPAIRED METER ACCURACYNEW METER ACCURACYSIZE EXTENDED LOW FLOW ACCURACY H US gpm @ 95%
5 years or 500,000 gallons
1/4 US gpm @ 95%
5 years or 750,000 gallons
1,500,000 gallons500,000 gallons% & X W
750,000 gallons 2,250,000 gallonsVa'
% US gpm @ 95%
5 years or 1,000,000 gallons
M US gpm@ 95%
2 years or 1,600,000 gallons
1,000,000 gallons 3,000,000 gallons1
1,600,000 gallons 5,000,000 gallons1 Vi
1 US gpm @ 95%
2 years or 2,700,000 gallons 2,700,000 gallons 8,000,000 gallons2'

Page 15 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 148 of 556

2. WARRANTY RETURN
If a Neptune Water Meter fails an accuracy test during an applicable warranty period, it may be returned to Neptune for repair or replacement at Neptune's option.

An accuracy test shall be conducted by the customer according to AWWA standards. Any meter being returned for repair to Neptune under this performance guarantee must be returned with a copy of the customer's test results. If the meter is returned to Neptune without a copy of the test results or if Neptune's factory test shows the meter to meet current AWWA standards, the customer will be charged a nominal testing fee by Neptune in such cases. Neptune will repair or replace the meter at Neptune's option after the meter has been tested by Neptune. Meters repaired or replaced under the performance guarantee will be guaranteed to perform to AWWA repaired meter accuracy standards.

WARRANTIES ARE EXCLUSIVE
The warranties set forth in this certificate of warranty are in lieu of any other warranty, guarantee, or representation, whether expressed or implied, including without limitation, the warranty of merchantability and the warranty of fitness for a particular purpose.

3. DAMAGES LIMITED TO COSTS OF REPLACEMENT AND REPAIR
If the Water Meter fails to meet the warranties set forth in Paragraph 1 of this Certificate of Warranty, Neptune, at its option shall, without charge of labor or materials, repair or replace the Water Meter or part thereof, provided that (a) the Water Meter is delivered to a Neptune representative, (b) the Water Meter is accompanied by a Return Material Authorization (RMA), and (c) all costs of delivery to Neptune are assumed by the purchaser of the Water Meter. Neptune's liability is limited to its costs of replacement and repair of the defective water meter. Damages resulting from miscalculation of water usage or lost revenue or profit are not recoverable from Neptune. It is the responsibility of the customer to periodically verify the operation and accuracy of its meters.

4. 5. WARRANTIES ARE INAPPLICABLE UNDER CERTAIN CONDITIONS The warranties set forth in this Certificate of Warranty do not apply to any Water Meter that has been damaged by, or subjected to, conditions which, in the opinion of Neptune, have affected the Water Meter's ability of performance, including but not limited to: misuse; improper handling, application or installation; excessive operating conditions; foreign materials in the water; aggressive water conditions; tampering or unauthorized repairs or modifications; accidental or intentional damage; acts of God. This Certificate of Warranty shall not apply if product is placed in non-recommended installation, is connected or altered by other than Neptune recommended procedures, is used with other than genuine Neptune meter registers and components, or read by equipment not approved or licensed by Neptune. Neptune makes no claims concerning operability and/or compatibility or third party reading systems. In addition, this Certificate of Warranty shall not apply if third party reading equipment is believed to have caused damage to the meter or register. In order to determine its liability, if any, under this Certificate of Warranty, Neptune shall have the right to inspect any Water Meter or part thereof that is claimed to be defective at Neptune or other location designated by Neptune.

NEPTUNE'S LIABILITY WITH RESPECTTO BREACHES OF THE FOREGOING LIMITED WARRANTY SHALL BE LIMITED AS STATED HEREIN. NEPTUNE'S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE. NEPTUNE SHALL NOT BE SUBJECTTO AND DISCLAIMS THE FOLLOWING: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR

ARISING UNDER OTHER THEORIES OF LAW WITH RESPECTTO PRODUCTS SOLD OR SERVICES RENDERED BY NEPTUNE, OR ANY UNDERTAKINGS, ACTOR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL, MULTIPLE, EXEMPLARY, AND PUNITIVE DAMAGES WHATSOEVER.

C2019 NeptuneTechnolofv Group Inc All Ri(hts Rosarved.Thc trad«nurks, lofos artd service marts displayed In this document herein are the property o( Neptune Technology Group Inc, its affiliates or other third parties. Availability and technical specificaiions are subject to change without notice. W METER 03.19

Page 16 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 149 of 556 t

A NEPTUNE TECHNOLOGY GROUP WARRANTY STATEMENT
R900® Belt Clip Transceiver

WARRANTY - HARDWARE
The warranty on the R900® Belt Clip Transceiver is 12 months from shipment date. Warranty services provided during the warranty period are:
● For a unit defective in materials or workmanship, free repair of unit, including parts and labor (unless damaged by abuse or negligence) ● Return shipment of repaired product via prepaid ground service ● Repair turnaround time of five (5) working days, excluding transit time ● Toll-free assistance provided by Customer Support 1 -800-647-4832 ● These services are the purchaser's exclusive remedy for warranty issues

EXTENDED MAINTENANCE ENTITLEMENT
Extended maintenance entitlement is available from your authorized Neptune Sales Representative. Maintenance entitlement provided during extended period is:
● Free repair of unit, including parts and labor
● Return shipment of repaired product is prepaid ground service ● Repair turnaround time of five (5) working days, excluding transit time ● Toll-free assistance provided by Customer Support 1 -800-647*4832

NOT INCLUDED IN EXTENDED MAINTENANCE ENTITLEMENT
● Accessories including rechargeable batteries, cables, charger, etc. ● Equipment damaged by abuse or negligence, or environmental damage such as a result of fires and storms ● Firmware modifications
● Priority Overnight return shipment of repaired units

REPAIR NOTES
A Return Material Authorization (RMA) number MUST accompany all incoming repairs. This number may be obtained by contacting Customer Support at [email protected] or 1-800-647-4832.
● Customer pays all incoming shipment charges
● Repair turnaround (non-warranty/non-maintenance) is approximately 15 business days*, excluding transit (*not including days required to obtain a purchase order for the repairs)
● Ail outgoing repairs are shipped ground service
● Requested Priority Overnight return shipment is paid by the purchaser ● Repair warranty is 90 days from shipment date
NEPTUNE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

C 2019 Neptune Technolocv Group Inc. Ail Rlfhts Reserved. Tlie traderrurlcs, locos end service mirks displayed In this document herein are the property of Neptune Technolocv Group Inc, itsaffiliatesor other third parties. Availability and technicalspecificatioflsaresubject to chance without notice. W BELT CUP TRANSCEIVER 03.19

Page 17 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 150 of 556 R900® Gateway Warranty Statement UTILITY

MANAGEMENT
SYSTEMS™
I®
Warranty
The warranty on the R900* Gateway data collector system components is 12 months from shipment date. Warranty services provided during warranty period are:
● Fora unit defective in materials orworkmanship, free repair (including parts and labor), orat Neptune's discretion, replacement of the defective unit ● Return shipment of repaired product via prepaid ground service ● Toll-free assistance at Customer Support 1-800-647-4832 ● These services are purchaser's exclusive remedy for warranty issues ● Repair turnaround time of 10 working days, excluding transit time NOT included in the Warranty:
● Battery
● Cables and hardware
● Equipment damaged by abuse or negligence, or environmental damage as a fault of fires and storms ● Rrmware modifications
● Priority Overnight return shipment of repaired units
● USB flash drives
● Antennas
Extended Maintenance Contract Services:

Maintenance contracts are available from your authorized Neptune Sales representative. Maintenance contract services during tiie extended period include:
● Free repair of unit including parts and labor
● Retijm shipment of repaired product is prepaid ground service ● Free inspection and preventative maintenance
● Repairturnaroundtimeof 10 working days, excluding transit time ● Toll-free assistance at Customer Support 1-800-647-4832 NOT included in Extended Maintenance Contract Services:
● Batteries
● Cables and miscellaneous hardware
● Equipment damaged by abuse or negligence or environmental damage as a result of fires and storms ● Rrmware modifications
● Priority Overnight return shipment of repaired units
● Neptune disclaims any implied warranties, including the implied warranties of merchantability and fitness for a particular purpose ● Antennas
● USB flash drive
ISO W81
NEPirUNE
TECHNOLOGY GROUP INC.

WRSOO GATEWAY DSU

Page 18 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 151 of 556 Repair Notes:

A Return Material Authorization (RMA) number MUST accompany all incoming repairs.

This RMA number may be obtained by calling Customer Support at 1-800-647-4832. ● Customer pays all incoming shipment charges
● All outgoing repairs are shipped ground service
● Requested Priority Owmight return shipment is paid by the customer ● Repair warranty is 90 days from shipment date
● Warranty and maintenance contract repair turnaround time of 10 working days, excluding transit time ● Non-warranty and non-maintenance contract repair turnaround time of 20 working days, excluding transit time JTIUTY
MANAGEMEhfT
SYSTEMS™
NEPTUNE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. gpCi
UNEPTUNETECHNOLOGY GROUP INC.

WRsag GATEWAY oau

Page 19 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 152 of 556

A NEPTUNE TECHNOLOGY GROUP WARRANTY STATEMENT
E-CODER®)R900/,TM
Year of Failure E-CODER)R900/1. WARRANTY EFFECTIVE DATE This warranty will be effective for any E-CODER®)R900/™ that has shipped on or since August 1, 2021. Replacement Price Discount* Full replacement: 100%1-10
11 70%2. E-CODER)R900/
Neptune Technology Group Inc. warrants that the E-CODER)R900/ (which includes a Neptune®-supplied battery that is not intended to be removable or replaceable) shall be free from defects in manufacture and design for a period of twenty (20) years from the "Date of Shipment" (such period being the "Warranty Period"). Neptune shall not be responsible for any defects in the E-CODER)R900/ (whether due to design, materials, manufacture, or otherwise) which manifest themselves after the expiration of the Warranty Period. Neptune will repair or replace a non-performing E-CODER)R900/ free of charge for the first ten (10) years and at a discount off of the then-current list price during the remaining ten (10) years according to the discount schedule at the right. 70%12
60%13
14 60%
15 50%
45%16
40%17
35%18
19 30%

3. WARRANTIES ARE INAPPLICABLE UNDER CERTAIN CONDITIONS.

This warranty does not include field replacement labor or materials costs, which are the responsibility of the utility. This warranty does not apply if product is placed in non-recommended installations; may have been repaired with parts not recommended by Neptune; converted, altered, or connected by other than Neptune recommended procedures; is used with other than genuine Neptune meter registers and components or read by equipment not approved or licensed by Neptune; or damaged due to improper care or maintenance, or improper periodic testing (please refer to E-CODER)R900/ Installation and Maintenance Guide). Thiis warranty does not apply to any E-CODER)R900/ that has been damaged by, or subjected to, conditions which, in the opinion of Neptune, have affected the ECODER)R900/ register's ability of performance, including but not limited to: misuse; improper handling; application or installation; excessive operating conditions; tampering or unauthorized repairs and modifications; accidental or intentional damage; or acts of God. In no event shall Neptune be liable for special, incidental, indirect, or consequential damages.

Including, without limitation, lost revenue.
25%20
* Replacement price discount percentages will be applied towards then-current contract prices in effect for the year product is accepted by Neptune under warranty conditions.

Replacement E-CODER)R900i registers are warranted for one (1)year after date of shipment or balance of original
E-CODER)R900i warranty, whichever is greater.

THE ABOVE WARRANTY FOR THE E-CODER)R900/ IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY NEPTUNE WITH RESPECT TO THE E-CODER)R900/. ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS, OR OTHER LEGALLY OPERATIVE PROVISIONS CONCERNING THE E-CODER)R900; ARE HEREBY EXPRESSLY

EXCLUDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION, TERM, AND REPRESENTATION OR OTHER LEGALLY OPERATIVE PROVISION AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS PARAGRAPH IS EXPRESSLY INTENDED TO EXCLUDE FROM THIS CONTRACT ALL STATUTORY AND COMMON LAW WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO AVOID ANY AMBIGUITY OR MISUNDERSTANDING, ALL PROBLEMS ARISING WITH AN E- CODER)R900/AFTER THIS POINT ARE BUYER'S RESPONSIBILITY. NEPTUNE'S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE E-CODER) R900/. NEPTUNE SHALL NOT BE SUBJECT TO AND DISCLAIMS THE FOLLOWING: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (2)

ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY NEPTUNE, OR ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL, MULTIPLE, EXEMPLARY, AND PUNITIVE DAMAGES WHATSOEVER.

C 2021 Neptune Tedinofocv Group Inc. All Rights Reserved. The trademerls, logos and service marlis displayed In this document herein are the property of Neptune Tcchrtology Croup lire., its affilietesor other third parties. Availability and tedinical spedfications are subject to diange without notice. W£-CODER)RSOOi 08.21

Page 20 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor...Page 153 of 556 Business LicenseCITY OF INDIO
2021100 CIVIC CENTER MALL
INDIO, CALIFORNIA 92201
24096License NumberCITY <11
INUIO
00/18/2021Issue Dale
09/18/2022Expiralion Dale
i T
i
i*)n .y^ RETAIL STORESCatogoiy
BUILDING MATERIALS STOREType
5963NAICS

FERGUSON ENTERPRISES LLC

FERGUSON ENTERPRISES LLC
ATTN: TAX-BL
PO BOX 2778
NEWPORT NEWS. VA 23609
8072Business Account Number
760-775-7400Business Pbone Number
Parcel Number
Business License Officer
Please Post In a Conspicuous Place
Business LicenseCITY OF INDIO
2021100 CIVIC CENTER MALL
INDIO, CALIFORNIA 92201
24096License NumberCITY 01'
INDIO
09/18/2021Issue Dale
09/18/2022
3 Expiration DalefT .r:i
business" i.
ili RETWU STORESCalegory
BUILDING MATERIALS STOREType
T//V.i
':V 5963■M NAICSi u*Iirl'tiJUl A

FERGUSON ENTERPRISES LLC

FERGUSON ENTERPRISES LLC
ATTN: TAX-BL
PO BOX 2778
NEWPORT NEWS. VA 23609
8072Business Account Number
760-775-7400Business Phone Number
Parcel Number
Business License Officer
Please Post In a Conspicuous PlaceLicense Copy

Page 21 of 21 ends

AGENDA ITEM #9.6
Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterwor... Page 154 of 556 City of Indio
City Council
July 20, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Professional Services Agreement with McDonald Electric, Inc. for electrical repair services for a not -to-exceed annual amount of $80,000 for three (3) years and two (2) additional one (1) year extensions with the first term commencing on July 20, 2022 and terminating on June 30, 2025

RECOMMENDATION:

Approve the Profe ssional Services Agreement with McDonald Electric, Inc. for electrical repair services for a not -to-exceed annual amount of $80,000 per year for three (3) years and two (2) additional one (1) year extensions with the first term commencing July 20, 2022 and terminating June 30, 2025 in accordance with the approved budget and authorize the Executive Director to execute the agreement.

SUMMARY:

The Indio Water Authority (IWA) released a Request for Proposals on April 11, 2022 for on -call maintenance and emergency electric repair services. By the deadline of May 9, IWA received one proposal. Staff is recommending that the Board and City Council ap prove the Professional Services Agreement with McDonald Electric, Inc. for as-needed electrical repair services for the daily operation of the Indio Water Authority (IWA). McDonald Electric, Inc. will provide regular on -call electric repair and maintenance services.

BACKGROUND INFORMATION:

IWA does not have in -house licensed electrical personnel to perform as -needed maintenance and emergency repairs for electrical facilities at production plants that include electrical motors, pumps, variable frequency drives, and electrical panels.

IWA advertised a Request for Proposal (RFP) on April 11, 2022 to seek qualified firms who are licensed in the State of California to perform various electrical works based on IWA’s needs for emergency repairs. IWA’s intent i s to select and award a professional services agreement through Fiscal Year 2022- 2023 to an electrical contractor based on their qualifications, ability to respond to emergency work, twenty-four hours a day, seven days a week, three hundred sixty -five days a year.

One proposal was received by the deadline on May 9.

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 155 of 556

PROPOSER'S NAME OFFICE LOCATION
McDonald Electric Riverside, CA

McDonald Electric submitted a competitive proposal in terms of cost, understanding of IWA’s requirements, and ability to meet those requirements.

McDonald Electric, Inc. of Riverside specializes in industrial electrical controls and maintenance and employ factory -trained technicians for variable frequency drives. The firm is full -service electrical contractor providing quality service to industrial and municipal clients located mainly in Southern California. Whether providing plant maintenance, new const ruction, simple repairs, or complex system troubleshooting, their state certified electricians and expert technicians are dedicated to working with their customers to implement the simplest and most effective solutions for all of their electrical needs.

Staff is recommending that the Board and the City Council approve the professional services agreement with McDonald Electric to provide as -need electrical repair services for a total not -to- exceed amount of $80,000, with the PSA commencing on July 20, 2022 and terminating on June 30, 2025. The agreements may be extended for two (2) additional one (1) year extensions at the sole discretion of IWA in accordance with approved budgets and contractor’s performance.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$80,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$80,000 Strategic Objective: Community Infrastructure Source of funds: Water Production Fund-Org-Object
Reference:
8106712-523015

Additional Financial Details:

Funds are budgeted for electrical repair services for FY 2022-2023 in the amount of $80,000 in Water Production, 8106712-523015.

ALTERNATIVES:

1. Not to approve the Professional Services Agreements with McDonald Electric, Inc., for as - needed electrical repair services.

2. Modify the term/scope of the agreements.

ATTACHMENTS:

Attachment 1 - PSA McDonald Electric Inc.

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 28 Jun 2022 Lolly Enriquez, Assistant City Attorney Approved - 28 Jun 2022

Page 2 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 156 of 556 Brian Kinder, Finance Manager Approved - 28 Jun 2022
Bryan H. Montgomery, City Manager Approved - 28 Jun 2022

Page 3 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 157 of 556

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into on this 20th day of July 2022, by and between the Indio Water Authority, a joint powers authority, (“Authority”) and McDonald Electric.

Inc. (“Contractor”).

RECITALS
Authority desires to obtain services that may be reasonably described as follows:

Electrical services on an "as needed basis” at Indio Water Authority facilities.

Contractor represents that it is qualified by virtue of experience, training, education and expertise to provide these services and is able to perform the Scope of Work.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

Section 1.
described in Exhibit A in a manner satisfactory to Authority and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions (“Scope or Work” or services).

Section 2.
and shall terminate on June 30. 2025 unless sooner terminated by the Authority. This Agreement may be extended by AUTHORITY at its sole discretion for two (2) additional, one (1) year terms on the same terms and conditions, subject to funding for the services described herein.

Contractor’s Scope of Work. Contractor shall perform the Scope of Work Term of Agreement. This Agreement shall commence on July 20, 2022 Section 3.

Agreement upon receipt of a written notice to proceed from Authority in the manner described in Exhibit A. Contractor shall complete the services in conformance with the timeline set forth in Exhibit A.

Time of Performance. Contractor shall commence its services under this Section 4. Compensation.
(a) Authority agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement, $80,000 (Eighty Thousand Dollars and No Cents), as more particularly described in Exhibit B (“Consideration”). Said Consideration shall constitute reimbursement of Contactor’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees. Contractors and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Contractor be paid more than $80,000 (which includes expenses and additional services (if any) during the term of this Agreement. rev. 04-2020

Page 4 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 158 of 556 (b) Unless expressly provided for in Exhibit B. Contractor shad not be entitled to reimbursement for any expenses. Any expenses incurred by Contractor which are not expressly authorized by this Agreement will not be reimbursed by Authority. (c) Authority may request additional services under this Agreement, All such work, however, must be authorized in writing by the Authority’s General Manager prior to commencement. Contractor shall perform such services, and Authority shall pay for such additional services in accordance with fee schedule set forth in Exhibit B, or as otherwise agreed upon by the parties. Any work incurred by Contractor which is not expressly authorized by this Agreement will not be reimbursed by Authority.

Section 5. Method of Payment. Authority shall pay Contractor in accord with the schedule of compensation attached hereto, if any, and/or per monthly invoices submitted by Contractor in a form approved by Authority’s Finance Manager ("Invoices”). Authority shall review, approve and pay such undisputed amounts on said Invoices within a reasonable time after Authority’s receipt of same.

Section 6. Independent Contractor. The parties agree, understand and acknowledge that Contractor is not an employee of the Authority, but is solely an independent Contractor.

Contractor expressly acknowledges and agrees that Authority has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance or other employee benefits and that any person employed by Contractor shall not be in any way an employee of the Authority. As such. Contractor shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his/her own workers compensation and unemployment insurance and that of his/her employees or subcontractors. Neither Authority nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as otherwise provided herein. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of Authority.

Section 7.

Contractor without the prior written approval of Authority. Any attempt by Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Assignment. This Agreement shall not be assigned in whole or in part, by Section 8. Responsible PrincioaKs)
Contractor’s responsible principal, Jason McDonald, shall be principally responsible for Contractor’s obligations under this Agreement and shall serve as principal liaison between Authority and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of Authority. (a)
Authority’s Responsible Principal shall be Reymundo Trejo, Authority’s General Manager who shall administer the terms of the Agreement on behalf of Authority. (b)
Section 9.
expense, all personnel required to perform Contractor’s Scope of Work under this Agreement.

All personnel engaged in the work shall be qualified to perform such Scope of Work.

Personnel. Contractor represents that it has, or shall secure at its own -2-
rev. 04-2020

Page 5 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 159 of 556 Section 10.

Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Permits and Licenses. Contractor shall obtain and maintain during the Section 11.
and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor.

Interests of Contractor. Contractor affirms that it presently has no interest Section 12. Insurance.

Contractor shall at all times during the term of this Agreement carry, maintain and keep in full force and effect, insurance as follows:
(a)
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by Contractor in performing the Scope of Work required by this Agreement.
(3) Workers’ compensation insurance as required by the State of California. □ (4) If this box is checked, a policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Two Million Dollars ($2,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by Authority. Further, Contractor agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.

Contractor shall require each of its sub-contactors (if any) to maintain insurance coverage which meets all of the requirements of this Agreement. (b)
(c) The Authority’s Risk Manager may, in writing, amend and/or waive the insurance provisions set forth in paragraph (a) herein. In such case, the Contractor shall comply with the insurance provisions required by the Authority’s Risk Manager.

The policy or polices required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+;VII in the latest edition of Best's Insurance Guide or by an insurer acceptable to the Authority’s Risk Manager. (d)
(e) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect Authority may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, Authority may take out the necessary insurance and pay, at Contractor's expense, the premium thereon.
-3-
rev. 04-2020

Page 6 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 160 of 556 (f) At all times during the term of this Agreement, Contractor shall maintain on file with the Authority Clerk a certificate or certificates of insurance on the form approved by the Authority’s Risk Manager, showing that the aforesaid policies are in effect in the required amounts, Contractor shall, prior to commencement of work under this Agreement, file with the Authority Clerk such certificate or certificates. The general liability insurance and vehicle insurance shall contain an endorsement naming the Authority as an additional insured. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to Authority, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement.
(g) The insurance provided by Contractor shall be primary to any coverage available to Authority. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.

Any deductibles or self-insured retentions must be declared to and approved by Authority. At the option of Authority, Contractor shal leither reduce or eliminate the deductibles or self-insured retentions with respect to Authority, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
(h)
Section 13, Indemnification. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter). Contractor shall defend, hold harmless and indemnify the Authority, and its elected officials, officers, employees, servants, designated volunteers, and those Authority agents serving as independent Contractors in the role of Authority officials (collectively, “Indemnitees”), Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Contractor or any of its officers, employees, subcontractors, or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. With respect such Claims, Contractor shall defend Authority, with counsel of Authority’s choice, at Contractor’s own cost, expense, and risk and shall pay and satisfy anyjudgment, award, or decree that may be rendered against Authority. Contractor shall reimburse Authority for any and all legal expenses and costs actually incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Authority, All duties of Contractor under this Section shall survive termination of this Agreement,
Section 14, Termination,
Authority shall have the right to terminate this Agreement for any reason or for no reason upon fifteen calendar days' written notice to Contractor, Contractor agrees to cease all work under this Agreement on or before the effective date of such notice. (a)
(b) In the event of termination or cancellation of this Agreement by Authority, due to no fault or failure of performance by Contractor. Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall -4-
rev. 04-2020

Page 7 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 161 of 556 Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement, Contractor shall have no other claim against Authority by reason of such termination, including any claim for compensation.

Upon termination. Contractor shall provide to Authority any and ail Documents, whether in draft or final form, prepared by Contractor as of the date of termination. Contractor may not terminate this Agreement except for Authority’s non-payment upon an Invoice within sixty (60) days of Authority’s receipt thereof.

Section 15.
pertinent data, documents, and other requested information as is available for the proper performance of Contractor’s Scope of Work.

Authority’s Responsibility. Authority shall provide Contractor with all Section 16. Information and Documents. All documents, data, studies, surveys, drawings, maps, models, photographs, presentations, records and reports prepared for Authority in connection with this Agreement (“Documents”) shall become the property of Authority, and Authority may use all or any portion of the work submitted by Contractor pursuant to this Agreement as Authority deems appropriate. Contractor may, however, make and retain such copies of said Documents, as Contractor may desire.

Section 17.
writing, changes in the scope of work or the services to be performed. Any changes in the scope of work requested by Contractor must be made in writing and approved by both parties.

Changes in the Scope of Work. Authority shall have the right to order, in Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours: or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth below, or to such other addresses as the parties may. from time to time, designate in writing pursuant to this section.

If to Authority:

Authority General Manager
83101 Avenue 45
Indio, California 92201
[email protected]
If to Contractor:

McDonald Electric, Inc.

Jason McDonald, President
1380 Iverson Place
Riverside, CA 92506
Fax (951) 300-0338
[email protected]
Section 19. Attorney's Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. -5-
rev. 04-2020

Page 8 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 162 of 556 Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between Authority and Contractor, and supersedes all prior negotiations, representations or agreements, either written or oral .This Agreement may be amended only by a written instrument signed by both Authority and Contractor.

Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 21.

Section 22.
or liable under this Agreement to any party other than Contractor.

Authority Not Obligated to Third Parties. Authority shall not be obligated Section 23. Exhibits: Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 24. Equal Employment Opportunity. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry or national origin.

Contractor shall ensure that applicants 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.

Section 25. Prevailing Wage and Payroll Records. [Check if Applicable] □ Notice is hereby given that in accord with California Labor Code Section 1720, et seq.. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), Contractor is required to pay not less that the general prevailing rate of per diem wages for work of a similar character in the locality in which Contractor’s Services pursuant to this Agreement are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.ca.gov.

Covenant to Comply. Contractor covenants that it shal l fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). For purposes of this Section 25(a) only, the term “subcontractors” shall not include suppliers, manufacturers, or distributors. Contractor further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. References to “Covered Services” hereinafter shall designate such Services as are subject to Prevailing Wage Laws. (a)
(b) Payroll Records. Contractor and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social security number. Job classification, straight time and overtime hours worked each day and week, and the actual per -6-
rev. 04-2020

Page 9 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 163 of 556 diem wages paid to each journeyperson, apprentice, or other employee. All payroll records shall be certified as being true and correct by Contractor or the subcontractors performing Covered Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Contractor’s principal office.

Section 26.
application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

Severability. Invalidation of any provision contained herein or the

SIGNATURES ON FOLLOWING PAGE
-7-
rev. 04-2020

Page 10 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 164 of 556 EXECUTED this day of July 2022, at Indio, California.

INDIO WATER AUTHORITY
Bryan H. Montgomery
Executive Director
ATTEST;

CYNTHIA HERNANDEZ, CMC
Secretary
CONTRACTOR:

MCDONALD ELEC INC
DONALDJASOf^Presid^

APPROVED AS TO FORM

ROXANNE M, DIAZ
Authority General Counsel
rev. 04-2020

Page 11 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 165 of 556

EXHIBIT A

SCOPE OF WORK AND TIME OF PERFORMANCE

1. Indio Water Authority (IWA) may request that Contractor perform electrical services including, but not limited to, inspecting; assessing; troubleshooting; on-call preventative maintenance services: repairs; new installations: modifications: programming or setup for equipment and software; additional or follow-up testing; sampling; report generation; load calculations to accommodate new or modified equipment: purchase of new, additional, or replacement pads, supplies, equipment, or materials as necessary to perform the work; and work that may not be specified above but that is needed to complete a project. This is a time and materials agreement for emergencies and fixed cost for planned/scheduled work between IWA and the Contractor for Electrical Services as requested.

The cost under this Agreement shall not exceed $80,000 annually.

2. Contractor shall provide estimates for additional work per the detailed instructions in Sections 3, (7e) and (8c) below. No additional work shall be performed until written approval is received by the Contractor from IWA,

3. Contractor shall provide a "Contractor Warranty" on all parts and labor for a minimum of one year after installation and acceptance of additional work. Acceptance of additional work occurs upon payment by IWA,

4. Invoices must be submitted with the same level of detail as was provided in the Contractor's estimate, detailing the additional work request, including a breakdown of the pads, supplies, equipment and materials with their individual prices: as well as a breakdown showing the labor rate as indicated in the Contract Payment and Fee Schedule and number of hours worked.

5. Pads, supplies, equipment and materials shall be reimbursed at supplier’s invoiced cost plus the percent markup stated in the Contract Payment and Fee Schedule. Contractor shall provide detailed receipts for all equipment purchased. IWA may request detailed receipts for all parts, materials or supplies purchased. 6, Upon completion of additional work. Contractor shall clean and restore work area to original condition and advise IWA designee when the project is complete.

7. Emergency Service Calls and Repairs
a. Emergency service work shall include, but not be limited to, inspecting; assessing:
troubleshooting; performing electrical service; repairs; modifications: and replacement of electrical parts, supplies, equipment, or materials as necessary. b. If Contactor’s work reveals the need for additional emergency repairs or replacement of parts, supplies, equipment and materials, Contractor shall advise and discuss with IWA designee onsite,
c. IWA will contact Contractor via telephone advising of any needed emergency repair service.
rev. 04-2020

Page 12 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 166 of 556 d. In an emergency situation, regardless of date and time, Contractor shall meet with IWA’s representative at the project site within twenty four (24) hours, if requested by IWA designee, to discuss the emergency service request. If Contractor does not respond by arriving on-site for an emergency repair request within the specified twenty four (24)-hour response time. Contractor shall pay IWA the equivalent of the hourly labor rate applicable to the day and time of the week of the service call, for each hour beyond the twenty four hour response time until Contractor arrives. Failure to respond within twenty four hours to an emergency on more than two separate occasions or failure to respond within seven (7) hours on any one occasion may be cause for termination of this contract.
e. Before beginning the work. Contractor shall provide IWA with a verbal or written estimate detailing the nature of the emergency work request, proposed parts, supplies, equipment, or materials needed for the work, with their individual prices, as well as the number of labor hours, and hourly labor rate, as stated in the Contract Payment and Fee Schedule, necessary to complete the requested services. If verbal estimate is used, it shall be followed with a signed written estimate by Contractor within 24 hours. f. Contractor may receive verbal authorization to be followed within 24 hours by written authorization.

8. Scheduled Additional Work Requests
a. Scheduled additional work shall include, but not be limited to, inspecting; assessing:
troubleshooting; performing electrical service; repairs; modifications: and replacing of electrical parts, supplies, equipment and materials as necessary, b. For scheduled additional work requests submitted to Contractor from IWA, Contractor shall meet IWA designee onsite to discuss the required work. c. Before beginning the work. Contractor shall provide IWA with a signed written estimate within 24 hours of site meeting or receipt of service request detailing the service request, proposed parts, supplies, equipment and materials as well as the number of labor hours, and hourly labor rate as indicated in the Contract Payment and Fee Schedule, necessary to complete the services.
d. Scheduled additional work required to comply with requirements will be approved in writing by IWA. Work shall not commence until the written authorization is received by Contractor. Contractor shall perform the work within three (3) work days of receiving approved request.
e. If Contractor's work reveals necessary additional repairs or need for parts or equipment replacement. Contractor shall advise and discuss with IWA designee on-site. No work shall be performed without prior IWA approval.

Contract Specifications

1. All services shall be performed in accordance with the standards of the National Electrical Code and all applicable Federal, State and local laws, ordinances, and rules. All work performed under this Agreement shall be subject to inspection by IWA designee. rev. 04-2020

Page 13 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 167 of 556 2, All electrical equipment shall be installed in aneat and workmanlike manner.

Specifically:
a. Unused openings in boxes, raceways, auxiliary gutters, cabinets, equipment cases, or housings shall be effectively sealed to afford protection from dust, dirt, small animals and personnel.
b. Subsurface enclosures shall be racked to provide ready and safe access in underground and subsurface enclosures, into which persons enter for installation and maintenance. c. The integrity of electrical equipment and connections including, but not limited to bus bars, control devices, wiring terminals, insulators, and other surfaces shall not be damaged or contaminated by foreign materials such as paint, plaster, cleaners, abrasives, or corrosive residues. There shall be no damaged parts that may adversely affect safe operation or mechanical strength of the equipment such as parts that are broken; bent: cut; deteriorated by corrosion, chemical action or overheating.

3. Contractor shall ensure that the work area is clean and free from any debris at the end of each day’s work. All debris shall be disposed of off-site by the Contractor in accordance with all applicable codes, ordinances and laws pertaining to the disposal of the material. 4, Contractor shall coordinate all work with the designated Project Manager to ensure either no interruption or minimal interruption to the facility operations.

5. Only work specifically authorized by IWA designee shall be performed. Any changes required shall be brought to the immediate attention of the IWA Project Manager before proceeding.

6. IWA reserves the right to bid any job and to use alternate Contractors to provide work for any project/task. IWA reserves the right to utilize any information or data provided by the Contractor in the furtherance of acquiring bids, materials or labor without further compensation to the Contractor.

7. The Contractor at no cost to IWA shall repair damages to IWA property caused by Contractor’s negligence.

8. Contractor shall submit “As built’’ drawings or sketches no later than 30 days after job completion. The contractor is also responsible for obtaining the plan check approval for these drawings and for obtaining all required inspections from the Project Manager.

9. For work under this contract, the Contractor’s working hours shall closely conform to those of the IWA’s Operation Staff unless prior approval is given by the IWA designee.

10. Labor shall be charged on the basis of actual time spent on each job, not on portal-portal basis, and shall be computed to the nearest one-quarter hour.

11. Overtime rates will only be paid on non-emergency response request if specifically approved by the Project Manager.
rev. 04-2020

Page 14 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 168 of 556

12. Contractor shall submit one invoice for each project. Each invoice shall have a unique number and include the following information:
1 - Work site address

2. Date(s) of service

3. Purchase Order Number
4, Invoice Date

5. Itemized listing of labor charges

6. Itemized listing of material charges and sale tax

7. Taxpayer I.D. number
8, Remittance address

9. Billed to:

Indio Water Authority
Attn: Accounts Payable
83-101 Avenue 45
Indio, CA 92201
rev. 04-2020

Page 15 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 169 of 556

EXHIBITS

CONSIDERATION
Authority shall pay Contractor for services set forth in Exhibit A. Authority shall pay the Contractor based on the Rate Schedule submittal with its Proposal as follows. In no event shall the compensation exceed $80,000.

INDIO WATER AUTHORITY

RFP PRICE FORM (RATE SCHEDULE)

PROPOSAL FOR ELECTRICAL SERVICES
IWA agrees to compensate the Contractor according to the pricing set forth in Exhibit E. Contractor agrees to accept the pricing set forth as full compensation for performing the work including all labor, materials, and taxes In accordance with the rates submitted.

Licensed Journeyman Electrician
s /HourRegular hours:

Overtime hours: /Hour
Electricians Helper
Regular hours: S /(^( Hour
s /HourOvertime hours:
/^prentice
Regular hours: S /20 /Hour
Overtime hours: S /^O /Hour
% Mark-upTarts & Materials:
rev, 04-2020

Page 16 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 170 of 556

CITY OF INDIO
100 CIVIC CENTER MALL
INDIO, CALIFORNIA 92201 2021 Business License■W-
INDIO Llcens* Number 166S9
Issue Date 08/21/2021
BUSINESS LOCATION Expiration Date 08/21/2022
Category CONTRACTORS
Type SPECIALTY CONTRACTOR

BUSINESS NAME S MAILING ADDRESS
NA1CS 1711

MC DONALD ELECTRIC INC
485 RIVERA STREET
UNITB
RIVERSIDE. CA 92501
Business Account Number iBsae
Business Phone Number 9B1-684-1663
Parcel Number
*'Vi
Business License Officer
VI
yjf I ■
S> Please Post in a Conspicuous PlaceV^is < ●●
~ ^t
● ●'1
I1
Business LicenseCITY OF INDIO
2021r' 100 CIVIC CENTER MALL
INDIO, CALIFORNIA 92201(ID License Number 166SS|C»TV otl lINDIoi
Issue Date 08/2112021
08/21/2022Expiration Date

BUSINESS LOCATION
Category CONTRACTORS
Type SPEOALTY CONTRACTOR
BUSINESS NAME & MAILING ADDRESS NAICS 1711

MC DONALD ELECTRIC INC
485 RIVERA STREET
UNITB
RIVERSIDE. CA 92501
Business Account Number 15988
Business Phone Number 951-684-1663
Parcel Number
Business License Officer
Please Post in a Conspicuous PlaceLicense Copy

Page 17 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 171 of 556 m DATE (MM/DD/YYYY)
06/15/22/XCORD CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

CONIAUI
NAME:PRODUCER

MARK JACKSON INSURANCE AGENCY, INC
P.O. BOX 775

MARK JACKSON
WC.No)<714)779-ir^PHONE (714)779-2629(A/C. No. Exi)
E-MAIL i)M [email protected]:

YORBA LINDA, CA 92885
0K12422
IMSURER(S) AFFORDING COVERAGE NAIC«
BERKLEY ASSURANCE COMPANY 39462INSURER A

UNITED FINANCIAL CASUALTY CO

BERKLEY ASSURANCE COMPANY

STATE COMPENSATION INS FUND

TTTTCTINSURED INSURER B

MCDONALD ELECTRIC, INC
485 RIVERA STREET STE B
RIVERSIDE, CA 92501

INSURER C

INSURER D

INSURER E
INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ■BOBir POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
INSR

TYPE OF INSURANCE LIMITSLTR POLICY NUMBERINSD WVP
X COMMERCLAL GENERAL LIABILfTY $ 1,000,000EACH OCCURRENCE

DAMAGE TD RENTED
PREMISES (Ea occurrence)^ OCCUR $ 100,000CLAIMS-MADE
EXCLUDEDMED EXP (Any one person) $VUMB0183783 9/12/2021 9/12/2022A 1,000,000Y Y PERSONAL & ADV INJURY 2,000,000GEN'L AGGREGATE LIMIT APPLIES PER:
in PRO I JECTPOLICY LOC

GENERAL AGGREGATE
2,000,000PRODUCTS - COMP/OP AGG s
sOTHER:

CUMHINED SINGLE LIMR"
(Ea accident)
AUTOMOBILE LIABILITY $ 1,000,000
X BODILY INJURY (Per person) $ANYAUTO

ALL OWNED
AUTOS
04646244-8 5/1/2022 11/1/2022SCHEDULED
AUTOS

NON-OWNED
AUTOS
B BODILY INJURY (Per accideni)

PROPERTY DAMAGE
(Per accident)
Y Y

SHIRED AUTOS
UMBRELLA LIAB $ 5,000,000OCCUR EACH OCCURRENCEVUMB0205452 9/12/2021 9/12/2022C X Y YEXCESS LIAB S 5,000,000CLAIMS-MADE AGGREGATE DED RETENTION $
PER OTTrWORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

X STATUTE ER
Y/N 9217480 9/11/2021 9/11/2022 S 1,000,000ANY PROPRIETOR'PARTNER'EXECUTIVE OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
K yes, describe underESCRIPTiONOF OPERATIONS belD
Y E.L. EACH ACCIDENTD YN/A
E.L DISEASE - EA EMPLOYE 1$ 1,000,000
$ 1,000,000ow E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required)

COMMERCIAL / INDUSTRIAL ELECTRICAL CONTRACTOR
INDIO WATER AUTHORITY ARE NAMED AS ADDITIONAL INSURED PER END CG20331219 AND CG20371219, WAIVER OF SUBROGATION PER END CG24041219, COVERAGE IS PRIMARY AND NON CONTRIBUTORY PER END VCAS20351110. WORKERS COMPENSATION WAIVER OF SUBROGATION. COMMERCIAL AUTO INCLUDES BLANKET ADDITIONAL INSURED WITH PRIMARY AND NON-CONTRIBUTORY AND WAIVER OF SUBROGATION. EXCESS LIABILITY REFERENCED ABOVE IS FOLLOWING FORM ON COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY. 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM.

CERTIFICATE HOLDER CANCELLATION

INDIO WATER AUTHORITY
83-101 AVENUE 45
INDIO, CA 92201

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
© 1988-2014 ACORD CORPORATION. All rights resen/ed.

ACORD25(2014/01) The ACORD name and logo are registered marks of ACORD

Page 18 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 172 of 556 POLICY NUMBER: VUMB0183783 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS WHEN

REQUIRED IN A WRITTEN CONSTRUCTION

AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to
include as an additional insured any person or
organization for whom you are performing
operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy.

Such person or organization is an additional
insured only with respect to liability for "bodily
injury'
advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured.

However, the insurance afforded to such
additional insured;
property damage" or "personal and
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to;

1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including;
a. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or
engineering activities.

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved the rendering of or
the failure to render any professional
architectural, engineering or surveying
services.

1. Only applies to the extent permitted by law;
and

2. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

A person's or organization's status as an
additional insured under this endorsement ends
when your operations for that additional insured
are completed.

CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2

Page 19 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 173 of 556

2. "Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed: or
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Mi - Limits Of Insurance:

The most we will pay on behalf of the additional
insured is the amount of insurance:

1. Required by the contract or agreement you
have entered into with the additional insured;
or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.
© Insurance Services Office, Inc., 2018 CG 20 33 12 19Page 2 of 2

Page 20 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 174 of 556 POLICY NUMBER; VUMB0183783 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations As required by written contract executed prior
to the date of occurrence but only to the extent
permitted by law and the insurance afforded to
such additional insured will not be broader than
As designated in written contract with the Named
Insured.
that which you are required by the contract or
agreement to provide for such additional insured.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement: or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

Page 21 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 175 of 556 POLICY NUMBER:VUMB0183783 COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organlzation(s):

Any person or organization to whom or to which you are obligated by virtue of a written contract to waiver your right of recovery.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

Page 22 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 176 of 556 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY WORDING
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
With respect to coverage provided to an additional insured via attachment of an Additional Insured endorsement to this policy, such coverage is primary insurance and we will not seek contribution from any other insurance available to that additional insured.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2035 11 10 Page 1 of 1

Page 23 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 177 of 556 POLICY NUMBER: VUMB0183783
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S) GENERAL

AGGREGATE LIMIT WITH A CAP
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

SCHEDULE
Designated Construction Projects:

Construction project sites at which you perform work for additional insureds that require you to obtain per project general aggregate limits under awritten contract that was executed prior to the date of any "occurrence" covered under this policy.

Maximum Aggregate Limit: $5,000,000
A. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and for all medical expenses caused by accidents under COVERAGE C - MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above:

1. A separate Designated Construction Project General Aggregate limit applies to each designated construction project, subject to an overall maximum aggregate limit as shown in the Schedule above, is equal to the amount of the General Aggregate Limit shown in the Declarations.

2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or “property damage" included in the “products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of:
a. Insureds; or
b. Claims made or “suits" brought; or
c. Persons or organizations making claims or bringing “suits".

3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above.

The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit.

4. VCAS2036 11 12 Page 1 of 2

Page 24 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 178 of 556 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences” under COVERAGE A and for all medical expenses caused by accidents under COVERAGE C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above;

1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and

2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit.

C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of “bodily injury" or “property damage" included in the “products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit.

D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

E. The provisions of LIMITS OF INSURANCE SECTION III not otherwise modified by this endorsement shall continue to apply as stipulated.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2036 11 12 Page 2 of 2

Page 25 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 179 of 556 POLICY NUMBER; 04646244-8
Form 2366 (02/11) M_CL
Blanket Additional insured Endorsement
This endorsement modifies insurance provided by the Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. Ail terms and conditions of the policy apply unless modified by this endorsement.

If you pay the fee for this Blanket Additional Insured Endorsement, we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only to the extent of that liability. This endorsement does not apply to acts, omissions, products, work, or operations of the additional Insured.

Regardless of the provisions of paragraph a. and b. of the "Other Insurance" clause of this policy, if the person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies, then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person or organization, signed and executed by you before the bodily injury or property damage occurs and in effect during the policy period, requires this insurance to be primary and non- contributory.

In no way does this endorsement waive the "Other insurance" clause of the policy, nor make this policy primary to third parties hired by the Insured to perform work for the insured or on the Insured's behalf.

ALL OTHER TERMS, LIMITS, AND PROVISIONS OF THE POLia REMAIN UNCHANGED.

Page 26 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 180 of 556 POLICY NUMBER: 04646244-8
Form 2367 (06/10) M_CL
Blanket Waiver of Subrogation Endorsement
This endorsement modifies insurance provided by the Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement.

If you pay the fee for this Blanket Waiver of Subrogation Endorsement, we agree to waive any and all subrogation claims against any person or organization with whom a written waiver agreement has been executed by the named insured, as required by written contract, prior to the occurrence of any loss.

ALL OTHER TERMS, LIMITS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED.

Page 27 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 181 of 556 ENDORSEMENT AGREEMENT9
V:

STATE WAIVER OF SUBROGATIONCOMPENSATION
IM!>URANCE 9217480-21

RENEWAL

BLANKET BASIS

FUND SP

HOME OFFICE
SAN FRANCISCO PAGE 1 OF 1EFFECTIVE SEPTEMBER 11, 2021 AT 12.01 A.M.

AND EXPIRING SEPTEMBER 11, 2022 AT 12.01 A.M.ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME

MCDONALD ELECTRIC, INC
485 RIVERA ST UNIT B
RIVERSIDE, CA 92501

WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY.

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.

WE WILL

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SEIALL BE

2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

BLANKET WAIVER OF

SUBROGATION

NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND

ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED.

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.

NOTHING ELSEWHERE IN THIS POLICY SHALL BE
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:

SEPTEMBER
2572 AUTHORIZED REPRESENTATIVE PRESIDENT AND CEOSCIF FORM 10217 {REV.4-20181 OLD OP 217

Page 28 of 28 ends

AGENDA ITEM #9.7
Professional Services Agreement with McDonald Electric, Inc. for electri... Page 182 of 556 City of Indio
City Council
July 20, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Professional Services Agreement with HASA, Inc., for sodium hypochlorite supply for a not-to-exceed amount of $125,000 annually for three (3) years and two (2) additional one (1) year extensions with the first term commencing on July 20, 2022 and terminating on June 30, 2025

RECOMMENDATION:

Approve the Professional Services Agreement with HASA, Inc., for sodium hypochlorite supply for a not-to-exceed amount of $125,000 annually for three (3) years and two (2) additional one (1) year extensions with the first term commencing on July 20, 2022 and terminating on Jun e 30, 2025 in accordance with the approved budgets and authorize the Executive Director to execute the agreement.

SUMMARY:

Indio Water Authority (IWA) injects sodium hypochlorite (chlorine bleach) into the water distribution system to protect the water quality and in compliance with Water Code Title 22, the operating permit requires a chlorine residual of at least 0.2 mg/L. IW A released a Request for Proposals for sodium hypochlorite supply on April 11, 2022 and received one proposal by the May 9, 2022 deadline. HASA, Inc., the current supplier, submitted a competitive proposal. Staff is recommending that the City Council/Indio Water Authority Board approve the professional services agreement with HASA, Inc.

BACKGROUND INFORMATION:

Chlorine is a critical component to delivering safe drinking water. IWA advertised Request for Proposal (RFP) on April 11, 2022 to seek qualified firms who are licensed in the State of California for delivery of bulk Sodium Hypochlorite at various facilities. One proposal was received by the deadline on May 9, 2022:

Proposers Name Office Location
HASA, Inc., Saugus, CA

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 183 of 556 Three (3) members of Indio Water Authority staff reviewed the proposal. Each member individually ranked the proposal based on their qualification, hourly rates, ability to respond to emergencies and full understanding of the selection criteria. The proposa l by HASA, Inc. was ranked responsibly qualified by the three evaluators. The company has been supplying IWA with sodium hypochlorite since 2011 and its product and delivery has met all IWA needs and complies with all drinking water standards.

IWA’s intent is to select and award a professional service agreement for a three (3) year period with two (2) additional one (1) year extensions to a supplier based on their qualifications, hourly rates, ability to respond to an emergency 24 hours a day, seven (7) days a week, 365 days a year. At this time, staff is requesting the approval of a professional service agreement with HASA, Inc., which is in accordance with the approved FY 2022-2023 budget.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$125,000 In current year budget: Yes
Current FY General
Fund Impact:

N/A Budget adjustment: No
Next FY Financial
Impact:
$125,000 Strategic Objective: Community Infrastructure Source of funds: Water Production Funds Fund-Org-Object Reference:
8106712-531009

Additional Financial Details:

Funds are budgeted for sodium hypochlorite supply for Fiscal Year 2022-2023 for $125,000 in Water Production Fund 8106712-531009.

ALTERNATIVES:

Not to approve the Professional Services Agreement with HASA, Inc. and purchases of sodium hypochlorite.

ATTACHMENTS:

Attachment 1 - Professional Services Agreement with HASA Inc.

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 29 Jun 2022 Lolly Enriquez, Assistant City Attorney Approved - 29 Jun 2022 Brian Kinder, Finance Manager Approved - 29 Jun 2022
Bryan H. Montgomery, City Manager Approved - 29 Jun 2022

Page 2 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 184 of 556

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into on this 20* day of July 2022, by and between the Indio Water Authority, a joint powers authority, (“Authority”) and NASA, Inc., (“Supplier”).

RECITALS
Authority desires to obtain services that may be reasonably described as follows:

The supply and delivery (in bulk) of 12.5 percent solution Sodium Hypochlorite that meets the NSF/ANSI 60 standard to Indio Water Authority production facilities.

Supplier represents that it is qualified by virtue of experience, training, education and expertise to provide these services and is able to perform the Scope of Work.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

Supplier’s Scope of Work. Supplier shall perform the Scope of Work described in Exhibit A in a manner satisfactory to Authority and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions (“Scope or Work” or services).

Section 1.

Term of Agreement. This Agreement shall commence on July 20, 2022 and shall terminate on June 30 2025, unless sooner terminated by the Authority. This Agreement may be extended by IWA at its sole discretion for two (2) additional, one (1) year terms on the same terms and conditions, subject to funding for the services described herein.

Section 2.

Time of Performance. Supplier shall commence its services under thisSection 3.

Agreement upon receipt of a written notice to proceed from Authority in the manner described in Exhibit A. Supplier shall complete the services in conformance with the timeline set forth in Exhibit A.

Section 4. Compensation.

Authority agrees to compensate Supplier, and Supplier agrees to accept in full satisfaction for the services required by this Agreement, $125,000 (One Hundred Twenty-five Thousand Dollars and No Cents), as more particularly described in Exhibit B (“Consideration”).

Said Consideration shall constitute reimbursement of Supplier’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, suppliers and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Supplier be paid more than $125,000 (which includes expenses and additional services (if any) during the term of this Agreement. (a)
rev. 04-2020

Page 3 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 185 of 556 Unless expressly provided for in Exhibit B, Supplier shall not be entitled to reimbursement for any expenses. Any expenses incurred by Supplier which are not expressly authorized by this Agreement will not be reimbursed by Authority. (b)
Authority may request additional services under this Agreement. All such work, however, must be authorized in writing by the Authority’s General Manager prior to commencement. Supplier shall perform such services, and Authority shall pay for such additional services in accordance with fee schedule set forth in Exhibit B, or as otherwise agreed upon by the parties. Any work incurred by Supplier which is not expressly authorized by this Agreement will not be reimbursed by Authority.
(c)
Method of Payment. Authority shall pay Supplier in accord with the schedule of compensation attached hereto, if any, and/or per monthly invoices submitted by Supplier in a form approved by Authority’s Finance Manager (“Invoices”). Authority shall review, approve and pay such undisputed amounts on said Invoices within a reasonable time after Authority’s receipt of same.

Section 5.

Independent Supplier. The parties agree, understand and acknowledge that Supplier is not an employee of the Authority, but is solely an independent Supplier. Supplier expressly acknowledges and agrees that Authority has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance or other employee benefits and that any person employed by Supplier shall not be in any way an employee of the Authority. As such. Supplier shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his/her own workers compensation and unemployment insurance and that of his/her employees or subcontractors. Neither Authority nor any of its agents shall have control over the conduct of Supplier or any of Supplier’s employees, except as otherwise provided herein. Supplier shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of Authority.

Section 6.

Assignment. This Agreement shall not be assigned in whole or in part, by Supplier without the prior written approval of Authority. Any attempt by Supplier to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7.

Section 8. Responsible Principalfs)
Supplier’s responsible principal, Ken Ward, shall be principally responsible for Supplier’s obligations under this Agreement and shall serve as principal liaison between Authority and Supplier. Designation of another Responsible Principal by Supplier shall not be made without prior written consent of Authority.
(a)
Authority’s Responsible Principal shall be Reymundo Trejo, General Manager who shall administer the terms of the Agreement on behalf of Authority. (b)
Personnel. Supplier represents that it has, or shall secure at its own expense, all personnel required to perform Supplier’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9.
-2-
rev. 04-2020

Page 4 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 186 of 556 Permits and Licenses. Supplier shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10.

Interests of Supplier. Supplier affirms that it presentiy has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Supplier.

Section 11.

Section 12. Insurance.

Supplier shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(a)
A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Supplier.
(1)
A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by Supplier in performing the Scope of Work required by this Agreement.
(2)
(3) Workers' compensation insurance as required by the State of California. n (4) If this box is checked, a policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Two Million Dollars ($2,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by Authority. Further, Supplier agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.

Supplier shall require each of its sub-contactors (if any) to maintain insurance coverage which meets all of the requirements of this Agreement. (b)
The Authority’s Risk Manager may, in writing, amend and/or waive the insurance provisions set forth in paragraph (a) herein. In such case, the Supplier shall comply with the insurance provisions required by the Authority’s Risk Manager. (c)
The policy or polices required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+:VII in the latest edition of Best's Insurance Guide or by an insurer acceptable to the Authority’s Risk Manager. (d)
Supplier agrees that if it does not keep the aforesaid insurance in full force and effect Authority may either immediately terminate this Agreement or, if insurance is available at a reasonable cost. Authority may take out the necessary insurance and pay, at Supplier's expense, the premium thereon.
(e)
-3-
rev. 04-2020

Page 5 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 187 of 556 At all times during the term of this Agreement. Supplier shall maintain on file with the Authority Clerk a certificate or certificates of insurance on the form approved by the Authority’s Risk Manager, showing that the aforesaid policies are in effect in the required amounts. Supplier shall, prior to commencement of work under this Agreement, file with the Authority Clerk such certificate or certificates. The general liability insurance and vehicle insurance shall contain an endorsement naming the Authority as an additional insured. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to Authority, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement.
(f)
The insurance provided by Supplier shall be primary to any coverage available to Authority. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(g)
Any deductibles or self-insured retentions must be declared to and approved by Authority. At the option of Authority, Supplier shall either reduce or eliminate the deductibles or self-insured retentions with respect to Authority, or Supplier shall procure a bond guaranteeing payment of losses and expenses.
(h)
Indemnification. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter). Supplier shall defend, hold harmless and indemnify the Authority, and its elected officials, officers, employees, servants, designated volunteers, and those Authority agents serving as independent Suppliers in the role of Authority officials (collectively, “Indemnitees”), Indemnitees with respect to any and all Claims, including but not limited to. Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Supplier or any of its officers, employees, subcontractors, or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. With respect such Claims, Supplier shall defend Authority, with counsel of Authority’s choice, at Supplier’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Authority. Supplier shall reimburse Authority for any and all legal expenses and costs actually incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Supplier or Authority. All duties of Supplier under this Section shall survive termination of this Agreement.

Section 13.

Section 14. Termination.

Authority shall have the right to terminate this Agreement for any reason or for no reason upon fifteen calendar days' written notice to Supplier. Supplier agrees to cease all work under this Agreement on or before the effective date of such notice. (a)
In the event of termination or cancellation of this Agreement by Authority, due to no fault or failure of performance by Supplier, Supplier shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Supplier be entitled to receive more than the amount that would be paid to Supplier for the full performance of the (b)
-4-
rev. 04-2020

Page 6 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 188 of 556 services required by this Agreement. Supplier shall have no other claim against Authority by reason of such termination, including any claim for compensation. Upon termination, Supplier shall provide to Authority any and all Documents, whether in draft or final form, prepared by Supplier as of the date of termination. Supplier may not terminate this Agreement except for Authority’s non-payment upon an Invoice within sixty (60) days of Authority’s receipt thereof.

Authority’s Responsibility. Authority shall provide Supplier with all pertinentSection 15. data, documents, and other requested information as is available for the proper performance of Supplier’s Scope of Work.

Section 16.
drawings, maps, models, photographs, presentations, records and reports prepared for Authority in connection with this Agreement (“Documents") shall become the property of Authority, and Authority may use all or any portion of the work submitted by Supplier pursuant to this Agreement as Authority deems appropriate. Supplier may, however, make and retain such copies of said Documents, as Supplier may desire.
information and Documents. All documents, data, studies, surveys Changes in the Scope of Work. Authority shall have the right to order, in writing, changes in the scope of work or the services to be performed. Any changes in the scope of work requested by Supplier must be made in writing and approved by both parties.

Section 17.

Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 18.

If to Authority;
Authority General Manager
83101 Avenue 45
Indio, California 92201
[email protected]
If to Supplier:

Ken Ward, Chief Financial Officer
HASA, Inc.
23119 Drayton Street
Saugas, CA 91350
Fax (661) 259-1537
[email protected]
Attorney's Fees. In the event that either party commences any legal actionSection 19. or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. -5-
rev. 04-2020

Page 7 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 189 of 556 Entire Agreement. This Agreement represents the entire integrated agreement between Authority and Suppiier, and supersedes ali prior negotiations, representations or agreements, either written or orai. This Agreement may be amended oniy by a written instrument signed by both Authority and Supplier.

Section 20.

Governing Law. The interpretation and implementation of this AgreementSection 21. shall be governed by the domestic law of the State of California.

Authority Not Obligated to Third Parties. Authority shall not be obligated or liable under this Agreement to any party other than Supplier.

Section 22.

Ali documents referenced as exhibits in thisExhibits: Precedence.

Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 23.

Eoual Employment Opportunity. In connection with its performance under this Agreement, Supplier shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry or national origin. Supplier shall ensure that applicants 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.

Section 24.

Section 25. Prevailing Wage and Payroll Records. [Check if Applicable] □ Notice is hereby given that in accord with California Labor Code Section 1720, et seq., and 1770, et seq. , as well as California Code of Regulations, Title 8, Section 16000, etseq., (“Prevailing Wage Laws”), Supplier is required to pay not less that the general prevailing rate of per diem wages for work of a similar character in the locality in which Supplier’s Services pursuant to this Agreement are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work, in that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at vmw.dir.ca.gov.

Covenant to Comply. Supplier covenants that it shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). For purposes of this Section 25(a) only, the term “subcontractors” shall not include suppliers, manufacturers, or distributors. Supplier further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. References to “Covered Services” hereinafter shall designate such Services as are subject to Prevailing Wage Laws. (a)
Payroll Records. Supplier and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyperson, apprentice, or other employee. All payroll records shall (b)
-6-
rev. 04-2020

Page 8 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 190 of 556 be certified as being true and correct by Supplier or the subcontractors performing Covered Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Supplier’s principal office.

Severability. Invalidation of any provision contained herein or the

SIGNATURES ON FOLLOWING PAGE
-7-
rev. 04-2020

Page 9 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 191 of 556 day of July 2022, at Indio, California.EXECUTED this

INDIO WATER AUTHORITY
BRYAN H.MONTGOMERY
Executive Director
ATTEST:

CYNTHIA HERNANDEZ, CMC
Secretary
SUPPLIER:

HASA, Inc.

KEN WARD
Chief Financial Officer

APPROVED AS TO FORM
ROXANNE M. DIAZ
Authority General Counsel
-8-
rev. 04-2020

Page 10 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 192 of 556

EXHIBIT A

SCOPE OF WORK AND TIME OF PERFORMANCE

1. PRODUCT REQUIREMENTS:

Sodium hypochlorite shall be supplied and delivered (in bulk) as 12.5 percent solution.

Sodium hypochlorite purchased under this Contract shall meet AWWA standards, NSF/ANSI 60 and shall comply in all respects with Federal, State, and local rules and regulations in effect at the time of delivery.

2. ESTIMATED QUANTITIES:

The Supplier shall supply and deliver sodium hypochlorite to its various facilities during the term of the Contract with the IWA. The IWA anticipates total usage of sodium hypochlorite to be approximately 50,000 gallons annually. However, the IWA will not be obligated to purchase specific quantities and reserves the right to purchase either more or less product, as it deems necessary. No adjustments will be made in the Delivered Price per Gallon as proposed in the RFP Price Form regardless of quantities purchased.

3. SHIPPING INSTRUCTIONS:

Shipments shall be made within three (3) calendar days upon receipt of either a verbal or written shipping order from the IWA. Orders will be placed on a “bi-weekly” basis to accommodate the IWA’s requirements throughout the Contract period. It is anticipated, but not guaranteed, that deliveries to the facilities will be made bi-weekly in a 2,500 gallon delivery load. Deliveries shall be made between the hours of 7:00 a.m. and 2:00 p.m. No deliveries will be accepted between 12:00 noon and 12:30 p.m.

4. LOADING AND UNLOADING:

The Supplier’s personnel will report to the IWA facilities confirmed for delivery and report to the IWA operator. Loading and unloading operations cannot take place unless the IWA operator is present to observe the entire operation. The procedures for handling, loading and unloading of shipments shall comply with Cal-OSHA regulations and AWWA Standards.

The Supplier’s delivery equipment must be fully compatible with the IWA facility equipment and layout. Deliveries shall be executed without any spillage of material. Any spilled material, however minor, shall immediately be contained and properly removed by the Supplier. Any damage or disfigurement to IWA property caused by a spill shall be corrected by the Supplier immediately at their own expense.

5. PRODUCT SAMPLE:

If determined necessary by the IWA, prior to unloading, a sample of the product will be collected by the IWA personnel for testing. The sample size collected will be approximately one (1) quart. The Supplier must provide the necessary equipment to collect a sample to avoid spillage.

6. TERMINATION:
rev. 04-2020

Page 11 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 193 of 556 The IWA may reject delivery or terminate the Contract if the quality of the delivered sodium hypochlorite does not meet the project specifications. It shall be the sole responsibility of the Supplier to immediately remove said product and provide acceptable replacement product at the sole expense of the Supplier. IWA may terminate the Contract should two or more deliveries of sodium hypochlorite are rejected in one year period.

7. EMERGENCY TELEPHONE NUMBER:

The Supplier shall provide telephone number(s) of at least one (1) or more representatives of the firm that can be contacted twenty four (24) hours a day, seven (7) days per week in the event of emergencies.

8. MATERIAL SAFETY DATA SHEETS:

The Supplier shall provide a copy of the associated Material Safety Data Sheets (MSDS) to IWA's Contract Administrator upon execution of the Agreement by the IWA and Supplier.

Whenever said documents are revised or updated, the Supplier shall furnish copies to the IWA. Additionally, the Supplier shall furnish copies to the IWA Operator present at the time of the delivery.

9. SAFETY TRAINING:

The Supplier shall provide training in the safe and proper handling procedures of their product and emergency “C” kits at the request of the IWA. Training shall be provided at least once per calendar year. This training shall be provided at IWA facilities, as required. The training shall be provided at no additional cost to the IWA. Costs shall be included in the “Delivered Price per Gallon’’ as shown in RFP Price Form. rev. 04-2020

Page 12 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 194 of 556

EXHIBITS

CONSIDERATION
For the services set forth in Exhibit A, Authority shall pay Supplier up to $2.26 per gallon. In no event shall the compensation exceed $125,000 per fiscal year during the term of this agreement. rev. 04-2020

Page 13 of 14 ends

AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 195 of 556 DATE(MM/DD/YYryO
06/17/2022
9 yXCOKO CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.

IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policyfies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). a>IS
c
O)

CONTACT
NAME:

PHONE
(AA:. No. E«|;

PROOUCER
Aon Risk Services Northeast, Inc.

Stamford CT office
1600 Summer street
Stamford CT 06907-4907 USA
FAX
(866) 283-7122 (800) 363-0105 ■o
tA/C. No.l: O

ZE-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAICH
National Union Fire Ins Co of Pittsburgh 19445INSURERAINSURED Hasa, inc.
23119 Drayton Street
Saugus CA 91350 USA
Insurance Company of the west 27847INSURER a
AIG Specialty Insurance company 26883INSURER C

INSURER D

INSURER E

INSURER F
REVISION NUMBER;CERTIFICATE NUMBER: 570093797827COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EFF
<MM/DD/YYYYI
05/08/2022

POLICY EXPADDL SUBRINSR LIMITSPOLICY NUMBERTYPE OF INSURANCE 05708/2023
IIS.

EG18260038 $1,000,000Y YC EACH OCCURRENCEX COMMERCIAL GENERAL LIABILITY

DAMAGE TO RENTED
£REMISESJEa.occyirencel
MED EXP (Ajiy one person)
$300,000X OCCURCLAIMS-MAOE
$25,000
$1,000,000PERSONAL a ADV INJURY f-
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$2,000,000 sGENERAL AGGREGATEGEN^ AGGREGATE LIMIT APPLIES PER.

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$2,000,000 i--PRODUCTS - COMP/OP AGOOC cn
$1,000,000Pollutron LiaMityOTHER
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05/08/2022 05/08/2023767-39-34 COMBINED SINGLE LIMIT
lEa lecOenll
Y YA $1,000,000AUTOMOBILE LIABIUTY
BODILY INJURY ( Per person)ANY AUTOX O
zBODILY INJURY (Per acCKjent)SCHEDULED
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OWNED

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05/08/2022 05/08/2023WNJ503367006Y PER STATUTE OTHB WORKERS COMPENSATION ANO

EMPLOYERS' LIABIUTY

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/UEMBER EXCLUDED?
(Mendetory In NH)
If yes. describe under
DESCRIPTION OF OPERATIONS below
YrN
$1,000,000EL EACH ACCIDENT
N N/A
$1,000,000E.L DISEASE-EAEMPLOYEE
$1,000,000EL DISEASE-POLICY UMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be aRached If more epace la required) Indio water Authority is included as Additional insured in accordance with the policy provisions of the General Liability and Auto Liability policies.

A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability. Auto Liability and workers Compensation policies.

General Liability evidenced herein is Primary and Non-Contributo ry to other insurance available to an Additional insured, but only in accordance with the policy's provisions.

Automobile comp/coll, deductible: $1,000

CANCELLATIONCERTIFICATE HOLDER

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Indio Water Authority
ATTN: Francine Archul
83101 Avenue 45
Indio CA 92201 USA

AUTHORIZED REPRESENTATIVE
eta
(S/1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

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AGENDA ITEM #9.8
Professional Services Agreement with HASA, Inc., for sodium hypochlorite... Page 196 of 556 City of Indio
City Council
July 20, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Professional Services Agreements with Layne Christensen Company, Legend Pump & Well Service, Inc., and South West Pump & Drilling, Inc. for well maintenance and repair services for a not -to-exceed amount of $125,000 annually for three (3) years and two (2) additional one (1) year extensions with the first term commencing on July 20, 2022 and terminating on June 30, 2025

RECOMMENDATION:

Approve the Professional Services Agreements with Layne Christensen Company, Legend Pump & Well Service, Inc., and South West Pump & Drilling, Inc. for well maintenance and repair services for a not-to-exceed amount of $125,000 annually for three (3) years and two (2) additional one (1) year extensions. This Agreement shall commence on July 20, 2022 and terminate on June 30, 2025 in accordance with the approved budgets and autho rize the Executive Director to execute the agreement.

SUMMARY:

The Indio Water Authority (IWA) accepted Request for Proposals (RFP) for well maintenance and repair services from April 11 to May 9, 2022. The three proposals received from Layne Christensen Company, Legend Pump & Well Service, and South West Pump & Drill ing, Inc. were the most competitive. Staff recommends that the City Counci and Indio Water Authority Board approve the Professional Services Agreement with these three (3) agencies for as-needed well maintenance and repair services for IWA groundwater wells.

BACKGROUND INFORMATION:

IWA does not have an in-house well driller, pump designer/installer, large crane, and/or certified crane operator to perform well maintenance and repairs necessary to operate our water production facilities.

IWA released an RFP on April 11, 2022 to seek qualified firms who are licensed in the State of California to perform various well maintenance and repair work based on IWA’s needs. IWA’s intent is to select and award professional services agreements through Fiscal Year 2022 -23 to three (3) contractors based on their qualifications, hourly rates, ability to respond to emergency work, 24 hours a day, seven (7) days a week, 365 days a year.

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Professional Services Agreements with Layne Christensen Company, Legend ... Page 197 of 556

Three proposals received by the deadline were from the following agencies:

Proposers Name Office Location
Layne Christensen Company Redlands, CA
Legend Pump & Well Service San Bernardino, CA
South West Pump & Drilling Coachella, CA

Four (4) members of Indio Water Authority staff reviewed the three (3) proposals. Each member individually ranked the proposals based on their qualifications, hourly rate, ability to respond to emergency work and full understanding of the selection criteri a in Section 1 of the Request for Proposal. Upon final selection, staff recommends approval of professional services agreements with Layne Christensen Company, Legend Pump & Well Service, Inc., and South West Pump & Drilling, Inc. for a not-to-exceed annual amount of $125,000 commencing on July 20, 2022 and terminating on June 30, 2025.

Layne Christensen Company, Legend Pump & Well Service, Inc. and South West Pump & Drilling, Inc., have over 150 years of qualified and experienced employees to meet IWA’s needs.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$125,000 In current year budget: Yes
Current FY General
Fund Impact:

N/A Budget adjustment: No
Next FY Financial
Impact:
$125,000 Strategic Objective: Community Infrastructure Source of funds: Water Production Fund-Org-Object
Reference:
8106712-523015

Additional Financial Details:

FY 2022-2023 funds are budgeted for $125,000 in the Water Production Fund No. 8106712-523015 for these expenses.

ALTERNATIVES:

Not to approve the Professional Services Agreement with Layne Christensen Company, Legend Pump & Well Service, Inc., and South West Pump & Drilling, Inc. to purchase as -needed well maintenance and repair services.

ATTACHMENTS:

Attachment 1 - PSA - South West Pump & Drilling, Inc
Attachment 2 - PSA - Layne Christensen Company
Attachment 3 - PSA - Legend Pump & Well Service

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 11 Jul 2022

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AGENDA ITEM #9.9
Professional Services Agreements with Layne Christensen Company, Legend ... Page 198 of 556 Lolly Enriquez, Assistant City Attorney Approved - 11 Jul 2022 Brian Kinder, Finance Manager Approved - 11 Jul 2022
Bryan H. Montgomery, City Manager Approved - 11 Jul 2022

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RECITALS

A. Authority desires to obtain services that may be reasonably described as follows:

Well maintenance and repair services on an “as needed basis” at Indio Water Authority facilities.

B. Contractor represents that it is qualified by virtue of experience, training, education and expertise to provide these services and is able to perform the Scope of Work.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

Section 1. Contractor’s Scope of Work. Contractor shall perform the Scope of Work described in Exhibit A in a manner satisfactory to Authority and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions (“Scope or Work” or services).

Section 2. Term of Agreement . This Agreement shall commence on July 20, 2022 and shall terminate on June 30, 2025 unless sooner terminated by the Authority. This Agreement may be extended by Authority at its sole discretion for two (2) additional, one (1) year terms on the same terms and conditions, subject to funding for the services described herein.

Section 3. Time of Performance. Contractor shall commence its services under this Agreement upon receipt of a written notice to proceed from Authority in the manner described in Exhibit A. Contractor shall complete the services in conformance with the timeline set forth in Exhibit A.

Section 4. Compensation.

(a) Authority agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement, $125,000 (One Hundred Twenty- five Thousand Dollars and No Cents), as more particularly described in Exhibit B (“Consideration”). Said Consideration shall constitute reimbursement of Contactor’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, Contractors and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Contractor be paid more than $125,000 (which includes expenses and additional services (if any) during the term of this Agreement.

(b) Unless expressly provided for in Exhibit B, Contractor shall not be entitled to reimbursement for any expenses. Any expenses incurred by Contractor which are not expressly authorized by this Agreement will not be reimbursed by Authority.

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(c) Authority may request additional services under this Agreement. All such work, however, must be authorized in writing by the Authority’s General Manager prior to commencement. Contractor shall perform such services, and Authority shall pay for such additional services in accordance with fee schedule set forth in Exhibit B, or as otherwise agreed upon by the parties. Any work in curred by Contractor which is not expressly authorized by this Agreement will not be reimbursed by Authority.

Section 5. Method of Payment . Authority shall pay Contractor in accord with the schedule of compensation attached hereto, if any, and/or per monthly invoices submitted by Contractor in a form approved by Authority’s Finance Director (“Invoices”). Authority shall review, approve and pay such undisputed amou nts on said Invoices within a reasonable time after Authority’s receipt of same.

Section 6. Independent Contractor. The parties agree, understand and acknowledge that Contractor is not an employee of the Authority, but is solely an independent Contractor.

Neither Authority nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as otherwise provided herein. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of Authority.

Section 7. Assignment. This Agreement shall not be assigned in whole or in part, by Contractor without the prior written approval of Authority. Any attempt by Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 8. Responsible Principal(s)

(a) Contractor’s responsible principal, Brian Jeffers, Vice President shall be principally responsible for Contractor’s obligations under this Agreement and shall serve as principal liaison between Authority and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of Authority.

(b) Authority’s Responsible Principal shall be Brian Macy, General Manager who shall administer the terms of the Agreement on behalf of Authority.

Section 9. Personnel. Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 10. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

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Section 11. Interests of Contractor. Contractor affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor.

Section 12. Insurance.

(a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,0 00) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor.

(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by Contractor in performing the Scope of Work required by this Agreement.

(3) Workers' compensation insurance as required by the State of California.

(4) If this box is checked, a policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Two Million Dollars ($2,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by Authority. Further, Contractor agrees to maintain in full force and effect such insurance for one year after performance of wor k under this Agreement is completed.

(b) Contractor shall require each of its sub -contactors (if any) to maintain insurance coverage which meets all of the requirements of this Agreement.

(c) The Authority’s Risk Manager may, in writing, amend and/or waive the insurance provisions set forth in paragraph (a) herein. In such case, the Contractor shall comply with the insurance provisions required by the Authority’s Risk Manager.

(d) The policy or polices required by this Agre ement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+;VII in the latest edition of Best's Insurance Guide or by an insurer acceptable to the Authority’s Risk Manager.

(e) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect Authority may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, Authority may take out the necessary insurance and pay, at Contractor's expense, the premium thereon.

(f) At all times during the term of this Agreement, Contractor shall maintain on file with the Authority Clerk a certificate or certificates of insurance on the form approved by the Authority’s Risk Mana ger, showing that the aforesaid policies are in effect in the required amounts.

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under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to Authority, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement.

(g) The insurance provided by Contractor shall be primary to any coverage available to Authority. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.

(h) Any deductibles or self -insured retentions must be declared to and approved by Authority. At the option of Authority, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to Authority, or Contractor shall procure a bond guaranteeing payment of losses and expenses.

Section 13. Indemnification. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), Contractor shall defend, hold harmless and indemnify the Authority, and its elected officials, officers, employees, servants, designated volunteers, and those Authority agents serving as independent Contractors in the role of Authority officials (collectively, “Indemnitees”), Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Contractor or any of its officers, employees, subcontractors, or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. With respect such Claims, Contractor shall defend Authority, with counsel of Authority’s choice, at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Authority. Contractor shall reimburse Authority for any and all legal expenses and costs actually incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Authority. All duties of Contractor under this Section shall survive termination of this Agreement.

Section 14. Termination.

(b) In the event of termination or cancellatio n of this Agreement by Authority, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against Authority by reason of such termination, including any claim for compensation. Upon termination, Contractor shall provide to Authority any and all Documents, whether in draft or final form, prepared by Contractor as of the date of termination. Contractor may not terminate this Agreement except for Authority’s non-payment upon an Invoice within sixty (60) days of Authority’s receipt thereof.

Section 15. Authority’s Responsibility. Authority shall provide Contractor with all pertinent data, documents, and other requested information as is available for the proper performance of Contractor’s Scope of Work.

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Section 16. Information and Documents. All documents, data, studies, surveys, drawings, maps, models, photographs, presentations, records and reports prepared for Authority in connection with this Agreement (“Documents”) shall become the property of Authority, and Authority may use all or any portion of the work su bmitted by Contractor pursuant to this Agreement as Authority deems appropriate. Contractor may, however, make and retain such copies of said Documents, as Contractor may desire.

Section 17. Changes in the Scope of Work. Authority shall have the right to order, in writing, changes in the scope of work or the services to be performed. Any changes in the scope of work requested by Contractor must be made in writing and approved by both parties.

Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regula r business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

If to Authority:

Authority General Manager
100 Civic Center Mall
P.O. Drawer 1788
Indio, California 92201
Fax: (760) 342-6597

If to Contractor:

South West Pump & Drilling, Inc.

ATTN: Brian Jeffers, Vice President
53381 Highway 111
Coachella, CA 92236
Phone No.: (760) 398-3977

Section 19. Attorney's Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between Authority and Contractor, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Authority and Contractor.

Section 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 22. Authority Not Obligated to Third Parties. Authority shall not be obligated or liable under this Agreement to any party other than Contractor.

Section 23. Exhibits; Precedence . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy

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between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Contractor shall ensure that applicants 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.

Section 25. Prevailing Wage and Payroll Records. [Check if Applicable]

Notice is hereby given that in accord with California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), Contractor is required to pay not less that the general prevailing rate of per diem wages for work of a similar character in the locality in which Contractor’s Services pursuant to this Agreement are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.ca.gov.

(b) Payroll Records. Contractor and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyperson, apprentice, or other employee. All payroll records shall be certified as being true and correct by Contractor or the sub contractors performing Covered Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Contractor’s principal office.

Section 26. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

SIGNATURES ON FOLLOWING PAGE

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EXECUTED this 20th day of July 2022, at Indio, California.

INDIO WATER AUTHORITY

BRYAN H. MONTGOMERY
Executive Director

ATTEST:

CYNTHIA HERNANDEZ, CMC
Secretary

CONTRACTOR:

SOUTH WEST PUMP & DRILLING, INC.

BRIAN JEFFERS
Vice President

APPROVED AS TO FORM

ROXANNE M. DIAZ
Authority General Counsel

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EXHIBIT A

SCOPE OF WORK AND TIME OF PERFORMANCE

1. On an annual basis, the IWA conducts performance evaluations on its wells using maintenance records, water quality data, and operational data including static & pumping water levels, pump tests & flow rates. From these evaluations , maintenance projects are identified and scheduled for completion during the low demand mo nths. In addition, unscheduled w ell maintenance work is needed periodically in response to specia l circumstances. In either case, IWA desires to enlist the assistance of a qualified Well services contractor under an annual contract arrangement to address these Well maintenance needs.

The contractor will be required to provide a broad range of professional consulting, maintenance, repair and improvement services on an as-needed basis, as may be required by IWA. In this respect, the contractor shall be a single source, multi -disciplinary firm fully capable of providing for the scope of services detailed in this contract. As such, the Contractor will be responsible to furnish, or cause to be furnished, all personnel, equipment, materials, supplies, and services and otherwise do all necessary work as required to fulfill this Scope of Work. In execution of this contract, attention shall be paid to assure that safe work practices shall be employed, and the work site shall be maintained in a safe condition at all times. The standard of all phases of service shall be to the IWA’s satisfaction.

The cost under this Agreement shall not exceed $125,000 annually.

2. The following are examples of services, processes and products generally representative of the types of activities included in this program:

A. Consulting Services:

The Contractor may be required to provide technical expertise in any of the following areas:

1. Recommendations as to well maintenance program components and procedures, and well project prioritization.

2. Recommendations on monitoring, testing, physical inspection and other actions needed to evaluate the Well.

3. Conduct testing, monitoring, and investigation of t he Well in order to provide information for evaluation.

4. Evaluation of Well performance with regard to production characteristics, such as flow rate, water quality, specific capacity, level fluctuations.

5. Evaluation of Well equipment such as pumps, motors, drives, treatment, control, instrumentation, piping and appurtenances.

6. Evaluation of Well equipment such as pumps, motors, drives, treatment, control, instrumentation, piping and appurtenances.

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7. Evaluation of Well structural components including, but not limited to, the seal, casing, packing, screens and airline, as well as surrounding hydrological characteristics.

8. Evaluation of project alternatives and recommendation for project proposals to address Well operational or physical concerns.

9. Design and engineering for project proposals, equipment repairs, improvements, and maintenance procedures.

B. Well Maintenance Repair and Improvement Services:

The contractor may be required to perform, or cause to be performed all tasks associated with the following Well maintenance and rehabilitation and repair activities:

a. Pump/motor maintenance improvement and repairs,
b. Well rehabilitation
c. Welding and pipe fitting,
d. Multiple downhole well logging techniques, and video logs, e. Prolonged blow-off and discharge,
f. Screen and casing repairs, replacements, liners,
g. Well redevelopment,
h. Removal of biological fouling,
i. Chemical handling,

Typically, a Well evaluation request shall be initiated by IWA through verbal consultation with the contractor followed up with a purchase order for the initial scope of work. After pulling the Well hardware, repair and replacement shall not commence until IWA has approved all repairs with required materials and a written notification (purchase order) has been issued. Initial work may include video logging, lab analysis of water and scrapings, and a written evaluation of the Well’s condition. If after further consultation with IWA staff, additional work is required, the contractor shall submit a recommended plan for repairs. This shall include at a minimum the description of work to be done, task list, project schedule, list of required materials and cost estimate. The plan shall also include any services or equipment required of IWA staff, agency coordination and permitting requirements, publi c safety and environmental considerations that could impact the completion of the project as presented.

3. SPECIFICATION:

The Contractor shall provide all necessary equipment, including: chemical storage and feed systems, blend tanks, electronic monitoring devices, trucks, drill rigs, cranes, etc. necessary to perform the scope of work.

The Contractor is required to obtain any and/or all-necessary permits, prior to the start of a project. Copies of said permits shall be given to IWA once the Contractor has received them.

The Contractor shall submit a site specific, comprehensive safety program/plan as contained in the IWA” Terms and Conditions and General Safety Requirements” incorporated by reference.

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Contractor shall provide dust, sound and light attenuation as required by City, County Code of Regulations.

Contractor shall be required to meet all N.P.D.E.S. requirements when rehabilitating a Well.

Additionally, all engines used for a project must be in compliance with South Coast Air Quality Management District (SCAQMD) requirements for emission controls.

The work shall include but is not limited to Well casing, pumps, motors, water treatment plants, water treatment pilot studies and programs such as additional treatment techniques as particular situations dictate alternative techniques and more cost effective programs.

Contractor is responsible for the control of the environment of the work site during on -site operations. All precautions shall be taken by the Contractor to protect the workers , public, and IWA staff from exposure of harmful or hazardous conditions, dangerous materials and equipment.

Contractor shall provide services that conform to all requirements regarding handling, hauling and disposal of chemicals for the services provided at each IWA work site in accordance with OSHA or IWA regulations and those that may be mandated by any and all Federal or State agencies regulating such activities.

IWA will require the project manager of any well rehabilitation to show proof of being certified by the National Ground Water Association. The National Ground Water Association shall certify contractor’s project manager as a Certified Well Driller and Certified Pump Installer (CWD-PI). Project Manager shall have completed and successfully pass ed the Well Servicing/ Well Rehabilitation Examination. Contractor shall provide proof of the referenced certification with his proposal.

The contractor will be required to provide a test pump system of the correct size consisting of a contractor owned bo wl assembly, column assembly, discharge head, gear drive and engine during redevelopment of the well after any rehabilitation has occurred. The engine must be Certified Non -road engine as indicated by the United States Environmental Protection Agency Stand ardized Engine family Name: YDDXL14.OTLD. Additionally the engine must be registered with the California Air Resources Board in the statewide Portable Equipment Registration Program. The engine must be exempted from daily and annual emission limits as specified in the contractor’s registration.

All scheduling will be per IWA’s designee.

4. REPORTING REQUIREMENTS:

Separate written reports shall be provided for both the initial project phase and the project completion phase of each project as follows:

A. Preliminary Project Report:

The Preliminary Project Report shall document the initial purpose, scope, and progression of a project through the Contractor’s recommendations for further action, if any. It is intended to document the Well’s condition and provide a basis to evaluate alternatives for additional maintenance and repairs if needed. The written report assessing all removed equipment shall be furnished to IWA at the conclusion of the “remove and tear down” phase of a project.

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A typewritten invoice shall be furnished to IWA with submission of the report. The report shall include, at minimum, the following information:

a. A complete inventory of all materials removed from the Well. b. Conditions of Well casing (video log, lab analysis of scraping may be required) include percentage of any perforation blockage and locations. c. Any observations such as oil on the surface of the water within the Well casing. d. Bowl assembly information with actual impeller clearance and manufacturer’s specifications.
e. Stretch bushing actual size and manufacturer’s specification. f. Head-shaft specifications and balance data.
g. Line-shaft specifications and actual size.
h. Condition and depth of airline.
i. Notation of any other factor that may affect the Wells performance. j. A detailed list of what was performed repaired and or replaced for the project (rehab).
k. Cost estimates for rehab work.
l. Results of all tests, analysis, etc. performed.

B. Final Project Report:

The Final Report shall incorporate the Preliminary Report and provide, at minimum the following items in addition:

a. The scope of work for additional repair and maintenance work. b. A complete inventory of all materials added, repaired or replaced in the Well. c. Final conditions of well casing (video log, lab analysis, etc.) d. Any observations such as oil on the surface of the water within the Well casing. e. Revised pump and drive assembly information and related manufacturer’s specifications if altered from the preliminary report.
f. Notation of any other factor that may affect the Wells ongoing performance. g. A detailed list of what was performed repaired and or replaced for the rehab project.
h. Final Costs for all work.
i. Results of all additional tests, analysis, etc. performed. j. Report shall be in written hard copy and pdf file format.

5. WELL REMOVAL AND EVALUATION:

On most occasions deep Well pump removal work shall be in response to problems with the pump or the Well. Before work is proposed, the Contractor shall be apprised of the suspected problem. Contractors will be informed of the space and eq uipment limitation as the need for services occurs. Historically, the sites with space constraints have been serviced using a crane sized to handle the pump equipment. Data as to level of the pump setting, most recent pump test data, power or fuel consumption, etc. shall also be furnished to the Contractor. The Contractor shall mobilize to the job site within (7) calendar days of receiving an authorization to proceed with the removal of portions of the pump house building. For electric-driven pumps, power to the pump shall be locked and tagged out by IWA before work may commence.

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When removed, the column pipe shall be laid out on dunnage (timbers) in rows and chalked and nailed to prevent accidental rolling. Where there is insufficient room for all column and tubing, the column pipe may be stacked two tiers high, with precaution taken to prevent runaway pipe. The oil tube shall be disassembled to its smallest division (normally 5 feet).

Oil tube and line shaft shall also be laid out neatly on dunnage and ea ch line shaft bearing shall be tested to meet the manufacturers recommended tolerances. Each line shaft bearing shall not have worn more than what is recommended by the manufacturer from its original inside diameter.

6. WELL REPAIRS

After the pump is removed and all required reports are submitted to IWA, IWA staff will meet with the Contractor to make applicable decisions concerning repair and re-installation. The Contractor shall then be requested to provide a written cost estimate and estimated time to complete the work. Some of the items that may be part of the work to repair and reinstall are included but not limited to the following:

a. Clean and/or run threads of bearing, oil tubing shaft and column pipe. b. Machine or replace head shaft to accommodate new length of column and tubing.
c. Dress the ends of some or all of the tubing, column pipe or shafting. d. Replace worn bearings, shafting, couplings, pump bowls, impellers, bowl bearings, etc.
e. Machine pump bowl wear rings or skirt wear ring of impeller(s). f. A video record and log of the entire Well to bottom, using a 3½ -combination side scan color camera.
g. Furnish and/or install 1/2” poly airline and an appropriate gauge. h. Provide electric motor transportation to and from motor repair shop for possible rewinding, epoxy dipping, baking or any other service.
i. Re-connect pump to discharge pipeline.
j. Re-write motor to power cables. Check rotation of reinstalled motor with IWA staff in attendance.
k. Calculate head shaft nut adjustment and adjust nut accordingly. l. Provide Contractor Representative to witness startup of pump and motor. m. Receive acceptance verification by IWA Representative and demobilize. n. Obtain discharge permits when required.
o. Perform Well treatment, discharge and well disinfecting as required to meet State Wa ter Resources Control Board requirements including bacti -test results.
p. Cleaning and/or rehabilitation of the Well (bailing, disinfecting, physical agitation, swabbing, chemical treatment, swaging etc.)
q. Video record Well a second time after Well rehab/cleaning (may require debris settlement period).
r. Replace pump components: new bearing, column, oil tubing, surface and buried connecting pipe.
s. Perform pump testing as required.

7. WELL COMPLIANCE AND OTHER REQUIREMENTS:

The Contractor will bring Wells into compliance with State Water Resources Control Board requirements. Normal tasking shall hold the Contractor responsible until the Well complies

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with and meets State Water Resources Control Board standards. The Contractor shall be expected to use industry best practices in conjunction with the IWA’s staff.

8. PURCHASE ORDERS:

Individual purchase orders placed under the terms of this contract shall be based upon the rates proposed and agreed to with IWA. All work is to be scheduled and coordinated through the Operations Division.

For purchase orders under this contract, the Contractor’s working hours shall closely conform to those of the IWA’s Operation Staff unless prior approval is given by the IWA designee.

Contractor shall submit one invoice for each project. Each invoice shall have a specific purchase order number assigned to the purchase order involved and include the following information:

1. Work site address

2. Date(s) of service

3. Purchase Order Number

4. Invoice Date

5. Itemized listing of labor charges

6. Itemized listing of material charges and sale tax

7. Taxpayer I.D. number

8. Remittance address

9. Billed to:

Indio Water Authority
Attn: Accounts Payable
83-101 Avenue 45
Indio, CA 92201

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EXHIBIT B

CONSIDERATION
For the services set forth in Exhibit A, Authority shall pay Contractor based on the Rate Schedule submitted with its Proposal as follows:

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RECITALS

A. Authority desires to obtain services that may be reasonably described as follows:

Well maintenance and repair services on an “as needed basis” at Indio Water Authority facilities.

B. Contractor represents that it is qualified by virtue of experience, training, education and expertise to provide these services and is able to perform the Scope of Work.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

Section 4. Compensation.
(a) Authority agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement , $125,000 (One Hundred Twenty -five Thousand Dollars and No Cents), as more particularly described in Exhibit B (“Consideration”).

Said Consideration shall constitute reimbursement of Contactor’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, Contractors and sub contractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Contractor be paid more than $125,000 (which includes expenses and additional services (if any) during the term of this Agreement. (b) Unless expressly provided for in Exhibit B, Contractor shall not be entitled to reimbursement for any expenses. Any expenses incurred by Contractor which are not expressly authorized by this Agreement will not be reimbursed by Authority. (c) Authority may request additional services under this Agreement. All such work, however, must be authorized in writing by the Authority’s General Manager prior to commencement. Contractor shall perform such services, and Authority shall pay for such

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additional services in accordance with fee schedule set forth in Exhibit B, or as otherwise agreed upon by the parties. Any work incurred by Contractor which is not expressly authorized by this Agreement will not be reimbursed by Authority.

Section 5. Method of Payment. Authority shall pay Contractor in accord with the schedule of compensation attached hereto, if any, and/or per monthly invoices submitted by Contractor in a form approved by Authority’s Finance Manager (“Invoices”). Authority shall review, approve and pay such undisputed amounts on said Invoices net 30 days after receipt of invoice.

Section 6. Independent Contractor. The parties agree, understand and acknowledge that Contractor is not an employee of the Authority, but is solely an independent Contractor.

Section 8. Responsible Principal(s)

(a) Contractor’s responsible p rincipal, Todd A. Howard , General Manager shall be principally responsible for Contractor’s obligations under this Agreement and shall serve as principal liaison between Authority and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of Authority.

(b) Authority’s Responsible Principal shall be Reymundo Trejo, Authority’s General Manager who shall administer the terms of the Agreement on behalf of Authority.

Section 11. Warranty. Contractor shall guarantee all materials and/or workmanship for a period of twelve (12) months following completion and acceptance of the work, and shall promptly repair or replace any defective work and/or materials at Company’s own expense upon notification by the IWA. Company also guarantees and warrants all material and/or work to be of merchantable quality and fit for IWA’s specific purpose.

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Section 12. Interests of Contractor. Contractor affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor.

Section 13. Insurance.

(a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or neglige nt acts by Contractor.

(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicl e utilized by Contractor in performing the Scope of Work required by this Agreement.

(3) Workers' compensation insurance as required by the State of California.

(b) Contractor shall require each of i ts sub-contactors (if any) to maintain insurance coverage which meets all of the requirements of this Agreement.

(d) The policy or polices required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+;VII in the latest edition of Best's Insurance Guide or by an insurer acceptable to the Authority’s Risk Manager.

(e) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect Authority may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, Authority may take out the necessary in surance and pay, at Contractor's expense, the premium thereon.

(f) At all times during the term of this Agreement, Contractor shall maintain on file with the Authority Clerk a certificate or certificates of insurance on the form approved by the Authority’s

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Risk Manager, showing that the aforesaid policies are in effect in the required amounts.

Contractor shall, prior to commencement of work under this Agreement, file with the Authority Clerk such certificate or certificates. The general liability insurance and vehicle insurance shall contain an endorsement naming the Authority as an additional insured. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to Authority, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement.

Section 14. Indemnification. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), Contractor shall defend, hold harmless and indemnify the Authority, and its elected officials, officers, employees, servants, designated volunteers, and those Authority agents serving as independent Contractors in the role of Authority officials (collectively, “Indemnitees”), Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Contractor or any of its officers, employees, subcontractors, or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. With respect such Claims, Contractor shall defend Authority, with counsel of Authority’s choice, at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Authority. Contractor shall reimburse Authority for any and all legal expenses and costs actually incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Authority. All duties of Contractor under this Section shall survive termination of this Agreement.

Section 15. Termination.

(a) Authority shall have the right to terminate this Agreement for any reason or for no reason upon fi fteen calendar days' written notice to Contractor. Contractor agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by Authority, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against Authority by reason of such termination, including any claim for compensation. Upon termination, Contractor shall provide to Authority any and all Documents, whether in draft or final form, p repared by

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Contractor as of the date of termination. Contractor may not terminate this Agreement except for Authority’s non-payment upon an Invoice within sixty (60) days of Authority’s receipt thereof.

Section 16. Authority’s Responsibility. Authority shall provide Contractor with all pertinent data, documents, and other requested information as is available for the proper performance of Contractor’s Scope of Work.

Section 17. Information and Documents. All documents, data, studies, surveys, drawings, maps, models, photographs, presentations, records and reports prepared for Authority in connection with this Agreement (“Documents”) shall become the property of Authority, and Authority may use all or any portion of the work submitted by Contractor pursuant to this Agreement as Authority deems appropriate. Contractor may, however, make and retain such copies of said Documents, as Contractor may desire.

Section 18. Changes in the Scope of Work. Authority shall have the right to order, in writing, changes in the scope of work or the services to be performed. Any changes in the scope of work requested by Contractor must be made in writing and approved by both parties.

Section 19. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regu lar business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

If to Authority:

Authority General Manager
83101 Avenue 45
Indio, California 92201
[email protected]

If to Contractor:

Layne Christensen Company
ATTN: Ty Mull, Account Manager
1717 W. Park Ave.

Redlands, CA 92373
Phone No.: (909) 390-2833
Fax: (909) 390-5540
[email protected]

Section 20. Attorney's Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 21. Entire Agreement. This Agreement represents the entire integrated agreement between Authority and Contractor, and supersedes all prior negotiations,

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representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Authority and Contractor.

Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 23. Authority Not Obligated to Third Parties. Authority shall not be obligated or liable under this Agreement to any party other than Contractor.

Section 24. Exhibits; Precedence . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 25. Equal Employment Opportunity. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry or national origin.

Contractor shall ensure that applicants 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: em ployment, 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.

Section 26. Prevailing Wage and Payroll Records. [Check if Applicable]

(a) Covenant to Comply . Contractor covenants that it shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). For purposes of this Section 25(a) only, the term “subcontractors” shall not include suppliers, manufactu rers, or distributors. Contractor further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. References to “Covered Services” hereinafte r shall designate such Services as are subject to Prevailing Wage Laws. (b) Payroll Records. Contractor and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyperson, apprentice, or other employee. All payroll records shall be certified as being true and correct by Contractor or the subcontra ctors performing Covered Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Contractor’s principal office.

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Section 27. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

SIGNATURES ON FOLLOWING PAGE

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EXECUTED this 20 day of July 2022, at Indio, California.

INDIO WATER AUTHORITY

BRYAN H. MONTGOMERY
Executive Director

ATTEST:

CYNTHIA HERNANDEZ, CMC
Secretary

CONTRACTOR:

LAYNE CHRISTENSEN COMPANY

TODD A. HOWARD
General Manager

APPROVED AS TO FORM

ROXANNE M. DIAZ
Authority General Counsel

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EXHIBIT A

SCOPE OF WORK AND TIME OF PERFORMANCE

1. On an annual basis, the IWA conducts performance evaluations on its wells using maintenance records, water quality data, and operational data including static & pumping water levels, pump tests & fl ow rates. From these evaluations , maintenance projects are identified and scheduled for completion during the low demand mo nths. In addition, unscheduled w ell maintenance work is needed periodically in response to specia l circumstances. In either case, IWA desires to enlist the assistance of a qualified Well services contractor under an annual contract arrangement to address these Well maintenance needs.

The cost under this Agreement shall not exceed $125,000 annually.

2. The following are examples of services, processes and products generally representative of the types of activities included in this program:

A. Consulting Services:

The Contractor may be required to provide technical expertise in any of the following areas:

1. Recommendations as to well maintenance program components and procedures, and well project prioritization.

2. Recommendations on monitoring, testing, physical inspection, and other actions needed to evaluate the Well.

3. Conduct te sting, monitoring, and investigation of the Well in order to provide information for evaluation.

4. Evaluation of Well performance with regard to production characteristics, such as flow rate, water quality, specific capacity, level fluctuations.

5. Evaluation of Well equipment such as pumps, motors, drives, treatment, control, instrumentation, piping and appurtenances.

6. Evaluation of Well equipment such as pumps, motors, drives, treatment, control, instrumentation, piping and appurtenances.

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7. Evaluation of Well structural components including, but not limited to, the seal, casing, packing, screens and airline, as well as surrounding hydrological characteristics.

8. Evaluation of project alternatives and recommendation for project proposals to address Well operational or physical concerns.

9. Design and engineering for project proposals, equipment repairs, improvements, and maintenance procedures.

B. Well Maintenance Repair and Improvement Services:

The contractor may be required to perform, or cause to be performed all tasks associated with the following Well maintenance and rehabilitation and repair activities:

Typically, a Well evaluation request shall be initiated by IWA through verbal consultation with the cont ractor followed up with a purchase order for the initial scope of work. After pulling the Well hardware, repair and replacement shall not commence until IWA has approved all repairs with required materials and a written notification (purchase order) has been issued. Initial work may include video logging, lab analysis of water and scrapings, and a written evaluation of the Well’s condition. If after further consultation with IWA staff, additional work is required, the contractor shall submit a recommended plan for repairs. This shall include at a minimum the description of work to be done, task list, project schedule, list of required materials and cost estimate. The plan shall also include any services or equipment required of IWA staff, agency coordination and permitting requirements, public safety and environmental considerations that could impact the completion of the project as presented.

3. SPECIFICATION:

The Contractor is required to obtain any and/or all-necessary permits, prior to the start of a project. Copies of said permits shall be given to IWA once the Contractor has received them.

The Contractor shall submit a site specific, comprehensive safety program/plan as contained in the IWA” Terms and Conditions and General Safety Requirements” incorporated by reference.

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Contractor shall provide dust, sound and light attenuation as required by City, County Code of Regulations.

Contractor shall be required to meet all N.P.D.E.S. requirements when rehabilitating a Well.

Additionally, all engines used for a project must be in complian ce with South Coast Air Quality Management District (SCAQMD) requirements for emission controls.

Contractor is responsible for the control of the environment of the work site during on -site operations. All precautions shall be taken by the Contractor to protect the workers, public, and IWA staff from exposure of harmful or hazardous conditions, dangerous materials and equipment.

Contractor shall provide services that conform to all requirements regarding handling, hauling and disposal of ch emicals for the services provided at each IWA work site in accordance with OSHA or IWA regulations and those that may be mandated by any and all Federal or State agencies regulating such activities.

IWA may require the project manager of any well rehabilitation to show proof of being certified by the National Ground Water Association. The National Ground Water Association shall certify contractor’s project manager as a Certified Well Driller and Certified Pu mp Installer (CWD-PI). Project Manager shall have completed and successfully passed the Well Servicing/ Well Rehabilitation Examination. Contractor shall provide proof of the referenced certification with his proposal.

The contractor will be required to provide a test pump system of the correct size consisting of a contractor owned bowl assembly, column assembly, discharge head, gear drive and engine during redevelopment of the well after any rehabilitation has occurred. The engine must be Certified Non -road engine as indicated by the United States Environmental Protection Agency Standardized Engine family Name: YDDXL14.OTLD. Additionally the engine must be registered with the California Air Resources Board in the statewide Portable Equipment Registration P rogram. The engine must be exempted from daily and annual emission limits as specified in the contractor’s registration.

All scheduling will be per IWA’s designee.

4. REPORTING REQUIREMENTS:

Separate written reports shall be provided for both the initial project phase and the project completion phase of each project as follows:

A. Preliminary Project Report:

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A typewritten invoice shall be furnished to IWA with submission of the report. The report shall include, at minimum, the following information:

B. Final Project Report:

The Final Report shall incorporate the Preliminary Report and provide, at minimum the following items in addition:

5. WELL REMOVAL AND EVALUATION:

On most occasions deep Well pump removal work shall be in response to problems with the pump or the Well. Before work is proposed, the Contractor shall be apprised of the suspected problem. Contractors will be informed of the space and equipment limitation as the need for services occurs. Historically, the sites with space constraints have been serviced using a crane sized to handle the pump equipment. Da ta as to level of the pump setting, most recent pump test data, power or fuel consumption, etc. shall also be furnished to the Contractor. The Contractor shall mobilize to the job site within (7) calendar days of receiving an authorization to proceed with the removal of portions of the pump house building. For electric-driven pumps, power to the pump shall be locked and tagged out by IWA before work may commence.

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When removed, the column pipe shall be laid out on dunnage (timbers) in rows and chalked and nailed to prevent accidental rolling. Where there is insufficient room for all column and tubing, the column pipe may be stacked two tiers high, with precaution taken to prevent runaway pipe. The oil tube shall be disassembled to its smallest division (nor mally 5 feet).

Oil tube and line shaft shall also be laid out neatly on dunnage and each line shaft bearing shall be tested to meet the manufacturers recommended tolerances. Each line shaft bearing shall not have worn more than what is recommended by the m anufacturer from its original inside diameter.

6. WELL REPAIRS

a. Clean and/or run threads of bearing, oil tubing shaft and column pipe. b. Machine or replace head shaft to accommodate new length of column and tubing.
c. Dress the ends of some or all of the tubing, column pipe or shafting. d. Replace worn bearings, shafting, couplings, pump bowls, impellers , bowl bearings, etc.
e. Machine pump bowl wear rings or skirt wear ring of impeller(s). f. A video record and log of the entire Well to bottom, using a 3½ -combination side scan color camera.
g. Furnish and/or install 1/2” poly airline and an appropriate gauge. h. Provide electric motor transportation to and from motor repair shop for possible rewinding, epoxy dipping, baking or any other service.
i. Re-connect pump to discharge pipeline.
j. Re-write motor to power cables. Check rotation of reinstalled motor with IWA staff in attendance.
k. Calculate head shaft nut adjustment and adjust nut accordingly. l. Provide Contractor Representative to witness startup of pump and motor. m. Receive acceptance verification by IWA Representative and demobilize. n. Obtain discharge permits when required.
o. Perform Well treatment, discharge and well disinfecting as required to meet State Water Resources Control Board requirements including bacti -test results.
p. Cleaning and/or rehabilitation of the Well (bailing, disinfecting, physical agitation, swabbing, chemical treatment, swaging etc.)
q. Video record Well a second time after Well rehab/cleaning (may require debris settlement period).
r. Replace pump components: new bearing, column, oil tubing, surface and buried connecting pipe.
s. Perform pump testing as required.

7. WELL COMPLIANCE AND OTHER REQUIREMENTS:

The Contractor will bring Wells into compliance with State Water Resources Control Board requirements. Normal tasking shall hold the Contractor responsible until the Well complies

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with and meets State Water Resources Control Board standards. The Contractor shall be expected to use industry best practices in conjunction with the IWA’s staff.

8. PURCHASE ORDERS:

For purchase orders under this contract, the Contractor’s working hours shall closely conform to those of the IWA’s Operation Staff unl ess prior approval is given by the IWA designee.

Contractor shall submit one invoice for each project. Each invoice shall have a specific purchase order number assigned to the purchase order involved and include the following information:

1. Work site address

2. Date(s) of service

3. Purchase Order Number

4. Invoice Date

5. Itemized listing of labor charges

6. Itemized listing of material charges and sale tax

7. Taxpayer I.D. number

8. Remittance address

9. Billed to:

Indio Water Authority
Attn: Accounts Payable
83-101 Avenue 45
Indio, CA 92201

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EXHIBIT B

CONSIDERATION
For the services set forth in Exhibit A, Authority shall pay Contractor based on the Rate Schedule submitted with its Proposal as follows:

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RECITALS

A. Authority desires to obtain services that may be reasonably described as follows:

Well maintenance and repair services on an “as needed basis” at Indio Water Authority facilities.

B. Contractor represents that it is qualified by virtue of experience, training, education and expertise to provide these services and is able to perform the Scope of Work.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

Section 4. Compensation.

(a) Authority agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement, $125,000 (One Hundred Twenty- five Thousand Dollars and No Cents),, as more particularly described in Exhibit B (“Consideration”). Said Consideration shall constitute reimbursement of Contactor’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, Contractors and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Contractor be paid more than $125,000 (which includes expenses and additional services (if any) during the term of this Agreement.

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(c) Authority may request additional services under this Agreement. All such work, however, must be authorized in writing by the Authority’s General Manager prior to commencement. Contractor shall perform such services, and Authority shall pay for such additional services in accordance with fee schedule set forth in Exhibit B, or as otherwise agreed upon by the parties. Any work incurred by Contractor which is not expressly authorized by this Agreement will not be reimbursed by Authority.

Section 5. Method of Payment . Authority shall pay Contractor in accord with the schedule of compensation attached hereto, if any, and/or per monthly invoices submitted by Contractor in a form approved by Authority’s Finance Director (“Invoices”). Authority shall review, approve and pay such undisputed amounts on said Invoices within a reasonable time after Authority’s receipt of same.

Section 6. Independent Contractor. The parties agree, understand and acknowledge that Contractor is not an employee of the Authority, but is solely an independent Contractor.

Section 8. Responsible Principal(s)

(a) Contractor’s r esponsible p rincipal, Keith Collier, President shall be principally responsible for Contractor’s obligations under this Agreement and shall serve as principal liaison between Authority and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of Authority.

(b) Authority’s Responsible Principal shall be Brian Macy, General Manager who shall administer the terms of the Agreement on behalf of Authority.

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Section 11. Interests of Contractor. Contractor affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor.

Section 12. Insurance.

(a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or neglige nt acts by Contractor.

(3) Workers' compensation insurance as required by the State of California.

(b) Contractor shall require each of its sub -contactors (if any) to maintain insurance coverage which meets all of the requirements of this Agreement.

(d) The policy or polices required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+;VII in the latest edition of Best's Insurance Guide or by an insurer acceptable to the Authority’s Risk Manager.

(f) At all times during the term of this Agreement, Contractor shall maintain on file with the Authority Clerk a certificate or certificates of insurance on the form approved by the Authority’s Risk Manager, showing that the aforesaid policies are in effect in the required amounts.

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under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to Authority, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement.

Section 14. Termination.

(b) In the event of termination or cancellation of this Agreement by Authority, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against Authority by reason of such termination, including any claim for compensation. Upon termination, Contractor shall provide to Authority any and all Documents, whether in draft or final form, prepared by Contractor as of the date of termination. Contractor may not terminate this Agreement except for Authority’s non-payment upon an Invoice within sixty (60) days of Authority’s receipt thereof.

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Section 16. Information and Documents. All documents, data, studies, surveys, drawings, maps, models, photographs, presentations, records and reports prepared for Authority in connection with this Agreement (“Documents”) shall become the property of Authority, and Authority may use all or any portion of the work su bmitted by Contractor pursuant to this Agreement as Authority deems appropriate. Contractor may, however, make and retain such copies of said Documents, as Contractor may desire.

If to Authority:

Authority General Manager
100 Civic Center Mall
P.O. Drawer 1788
Indio, California 92201
Fax: (760) 342-6597

If to Contractor:

Legend Pump & Well Service, Inc.

ATTN: Keith Collier, President
1324 W. Rialto Avenue
San Bernardino, CA 92410
Phone No.: (909) 384-1000

Section 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 22. Authority Not Obligated to Third Parties. Authority shall not be obligated or liable under this Agreement to any party other than Contractor.

Section 23. Exhibits; Precedence . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy

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between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Contractor shall ensure that applicants 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.

Section 25. Prevailing Wage and Payroll Records. [Check if Applicable]

Notice is hereby given that in accord with California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), Contractor is required to pay not less that the general prevailing rate of per diem wages for work of a similar character in the locality in which Contractor’s Services pursuant to this Agreement are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies o f the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.ca.gov.

(b) Payroll Records. Contractor and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, s ocial security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyperson, apprentice, or other employee. All payroll records shall be certified as being true and correct by Contractor or the sub contractors performing Covered Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Contractor’s principal office.

SIGNATURES ON FOLLOWING PAGE

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EXECUTED this 20th day of July 2020, at Indio, California.

INDIO WATER AUTHORITY

BRYAN H. MONTGOMERY
Executive Director

ATTEST:

CYNTHIA HERNANDEZ, CMC
Secretary

CONTRACTOR:

LEGEND PUMP & WELL SERVICE INC.

KEITH COLLIER
President

APPROVED AS TO FORM

ROXANNE M. DIAZ
Authority General Counsel

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EXHIBIT A

SCOPE OF WORK AND TIME OF PERFORMANCE

1. On an annual basis, the IWA conducts performance evaluations on its wells using maintenance records, water quality data, and operational data including static & pumping water levels, pump tests & flow rates. From these evaluations, maintenance projects are identified and scheduled for completion during the low demand months. In addition, unscheduled well maintenance work is needed periodically in response to special circumstances. In either case, IWA desires to enlist the assistance of a qualified Well services contractor under an annual contract arrangement to address these Well maintenance needs.

The cost under this Agreement shall not exceed $125,000 annually.

2. The following are examples of services, processes and products generally representative of the types of activities included in this program:

A. Consulting Services:

The Contractor may be required to provide technical expertise in any of the following areas:

1. Recommendations as to well maintenance program components and procedures, and well project prioritization.

2. Recommendations on monitoring, testing, physical inspection, and other actions needed to evaluate the Well.

3. Conduct testing, monitoring, and investigation of the Well in order to provide information for evaluation.

4. Evaluation of Well performance with regard to production characteristics, such as flow rate, water quality, specific capacity, level fluctuations.

5. Evaluation of Well equipment such as pumps, motors, drives, treatment, control, instrumentation, piping and appurtenances.

6. Evaluation of Well equipment such as pumps, motors, drives, treatment, control, instrumentation, piping and appurtenances.

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7. Evaluation of Well structural components including, but not limited to, the seal, casing, packing, screens and airline, as well as surrounding hydrological characteristics.

8. Evaluation of project alternatives and recommendation for project proposals to address Well operational or physical concerns.

9. Design and engineering f or project proposals, equipment repairs, improvements, and maintenance procedures.

B. Well Maintenance Repair and Improvement Services:

The contractor may be required to perform, or cause to be performed all tasks associated with the following Well maintenance and rehabilitation and repair activities:

Typically, a Well evaluation request shall be initiated by IWA through verbal consultation with the contractor followed up with a purchase order fo r the initial scope of work. After pulling the Well hardware, repair and replacement shall not commence until IWA has approved all repairs with required materials and a written notification (purchase order) has been issued. Initial work may include video l ogging, lab analysis of water and scrapings, and a written evaluation of the Well’s condition. If after further consultation with IWA staff, additional work is required, the contractor shall submit a recommended plan for repairs. This shall include at a minimum the description of work to be done, task list, project schedule, list of required materials and cost estimate. The plan shall also include any services or equipment required of IWA staff, agency coordination and permitting requirements, public safety and environmental considerations that could impact the completion of the project as presented.

3. SPECIFICATION:

The Contractor is required to obtain any and/or all-necessary permits, prior to the start of a project. Copies of said permits shall be given to IWA once the Contractor has received them.

The Contractor shall submit a site specific, comprehensive safety program/plan as contained in the IWA” Terms and Conditions and General Safety Requirements” incorporated by reference.

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Indio City CouncilJuly 20, 2022

Indio City Council
July 20, 2022