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HomeMy WebLinkAboutA8625 - CV-SNMP - VARIOUS WATER & WASTEWATER AGENCIESCONTRACT ABSTRACT 2 Originals: First Supplement to Memorandum of Understanding (MOU) Contract Company Name: Various water and wastewater agencies Company Contact: Melanie Garcia, CVWD Summary of Services: MOU regarding Collaboration on the Coachella Salt and Nutrient Management Plan Contract Price Funding Source Contract Term $166,000.00 Wastewater funds Until terminated Contract Administration Lead Department: Development Services - Engineering Division Contract Administrator: Joel Montalvo/Donn Uyeno Contract Approvals Council Approval Date: Supplement No. 1: Agreement Number: Contract Compliance November 12, 2020, Item 1.0. May 26, 2022, Item 1.I. A8625 1 Exhibits: N/A Signatures: Attached Insurance: N/A Bonds: N/A Contract prepared by: C V WD Submitted on: 06/08/2022 By: Vonda Teed FIRST SUPPLEMENT TO MEMORANDUM OF UNDERSTANDING REGARDING COLLABORATION ON THE COACHELLA VALLEY SALT AND NUTRIENT MANAGEMENT PLAN This FIRSTSUPPLEMENT is entered into among the Parties identified herein which are the Parties to that certain Memorandum Of Understanding Regarding Collaboration On The Coachella Valley Salt And Nutrient Management Plan ("MOU") dated as of November 5, 2020. The purpose of the MOU is to collaborate on development of a Coachella Valley Salt and Nutrient Management Plan Development Workplan ("Development Workplan") and a Groundwater Monitoring Program Workplan, and on subsequent work that may arise from the Development Workplan and Groundwater Monitoring Program Workplan. The purpose of this FIRST SUPPLEMENT is to provide for the implementation of the completed Development Workplan. Unless otherwise stated herein, all capitalized terms in this FIRST SUPPLEMENT shall have the same definition as said terms are defined in the MOU. The Parties to this FIRST SUPPLEMENT shall be collectively referred to herein as "Parties" and individually as "Party." PARTIES 1. City of Palm Springs, a charter city that owns its wastewater treatment plant and manages municipal wastewater within its service area. 2. Coachella Valley Water District ("CVWD"), a county water district organized under the California County Water District Law, codified at Sections 30000, et seq.; of the California Water Code and the Coachella Valley Water District Merger Law, Water Code section 33100, et seq. 3. City of Coachella, a general -law City that provides water service through the Coachella Water Authority ("CWA"), a joint powers authority formed as a component of the City of Coachella and the Housing Authority of the City of Coachella, and manages municipal wastewater in its service area through its subsidiary Coachella Sanitary District ("CSD"). 4. Desert Water Agency ("DWA"), an independent special district organized under the Desert Water Agency Law, codified at Sections 100-1, et seq., of the Appendix to the California Water Code. 5. Indio Water Authority ("IWA"), a joint powers authority formed as a component of the City of Indio and Housing Authority of the City of Indio. 6. Mission Springs Water District ("MSWD"), a county water district organized under the California County Water District Law, codified at Sections 30000, et seq., of the California Water Code. 7. Myoma Dunes Mutual Water Company ("MDMWC"), a mutual water utility system organized under California Corporations Code Sections 14300, regulated under the U.S. EPA Safe Drinking Water Act, and by California's Water Code, Health and Safety Code. 8. Valley Sanitary District ("VSD"), a California special district, which operates under the authority of the Health and Safety Code, Sanitary District Act of 1923, Sections 6400 et seq. RECITALS WHEREAS, the Parties recognize the importance of basin -wide management of salts and nutrients in groundwater, and WHEREAS, the Parties wish to supplement the MOU for the purpose of retaining consultants to assist in the implementation of the Development Workplan approved by the Colorado River Basin Regional Water Quality Control Board on October 4, 2021; and WHEREAS, the Parties selected WEST YOST ASSOCIATES, INC. ("WEST YOST") to assist with the implementation of the Workplan through a competitive process; NOW, THEREFORE, it is mutually understood and agreed as follows: RETENTION OF CONSULTANT 1. WEST YOST submitted the scope of work and fee schedule included as Exhibit 1 to this FIRST SUPPLEMENT for the implementation of the Workplan, hereafter referred to as the "Project" 2. The Parties agree to have CVWD retain WEST YOST on behalf of the Parties, and under the MOU, to complete the Project for an amount not to exceed $2,684,212, inclusive of a 5% contingency. Said price shall not be exceeded without prior authorization of all Parties. 3. Each Party shall be provided the opportunity to attend all Project meetings. 4. Each Party shall be provided the opportunity to review and provide comments on all Project deliverables. COST -SHARE S. The Parties agree to share the cost to implement the Development Workplan in accordance with the cost -share schedule included below. Cost -Share Schedule Party Amount Percentage City of Palm Springs $151,126.67 5.6% City of Coachella $199,062.79 7.4% CVWD $1,220,381.36 45.5% DWA $490,339.90 18.3% IWA $209,941.92 7.8% MSWD $209,611.78 7.8% MDMWC $79,852.57 3.0% VSD $123,795.02 4.6% 6. It is the stated goal of the Parties to pursue grant funding opportunities to off -set the cost of the Project. Grant funding secured by the Parties, collaboratively or individually, for the Project will be applied to the cost -share amount of all Parties in accordance with'the percentages in the cost -share schedule. It is the stated goal of the Parties to expand participation in this collaboration to any and all interested local salt contributing stakeholders. Any funding provided for•the Project by future collaborators shall result in an adjustment to the cost -share amount of all Parties in accordance with the percentages in the cost -share schedule. INVOICING AND PAYMENT 8. CVWD shall enter into a contract with WEST YOST and pay submitted invoices per the terms of the contract. 9. CVWD shall invoice each Party for reimbursement of its cost -share percentage of paid invoices on a quarterly basis. 10. Each Party shall pay the invoice submitted by CVWD within 30 days of receipt of the invoice. OTHER PROVISIONS 11. All terms of the MOU remain unchanged, except, as supplemented herein. 12. The term of this FIRST SUPPLEMENT shall be from the date on which all Parties sign this FIRST SUPPLEMENT ("Effective Date") to the date of completion of the Project. 13. Any Party terminating participation in the MOU, and by extension this FIRST SUPPLEMENT, shall be responsible for its share of the Project costs, as set forth in the MOU and this FIRST SUPPLEMENT, which are incurred on or before the effective date of said termination. 14. During the term of this FIRST SUPPLEMENT, the Parties shall ensure that Confidential Information shall not be disclosed to any person or entity. Each Party agrees to protect the confidentiality of the Confidential Information of the other in the same manner that it protects the confidentiality of its own confidential information but in no event shall either Party exercise less than reasonable care in protecting such Confidential Information. Any and all requests for information related to the Project shall be shared with the other Parties so that they may identify Confidential Information. If any Party receives a subpoena or other validly issued administrative orjudicial process requesting Confidential Information of one or more of the other Parties, it shall provide prompt notice to the other of such receipt. The Party receiving the subpoena shall thereafter be entitled to comply with such subpoena or legal process to that extent permitted by law. The Parties' obligations under this provision shall be binding and shall survive the expiration or termination of this FIRST SUPPLEMENT. 15. This FIRST SUPPLEMENT may be executed in any number of counterparts, each of which shall be deemed original, but all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this FIRST SUPPLEMENT as of the date indicated below. a Justin Clifton V Da,e City of Palm Springs J. M. Barrett Date Coachella Valley Water District Gabriel Martin Date City of Coachella Mark S. Krause Date Desert Water Agency Bryan H. Montgomery Date Indio Water Authority Arden Wallum Date Mission Springs Water District Michele Donze Date Myoma Dunes Mutual Water Company Beverli A. Marshall Date Valley Sanitary District APPROVED AS TO FORM • APPROVED BY CITY COUNCIL 5-26-.2I T- , IT- M S 5 2 Originals: Memorandum of Understanding (MOU) Contract CONTRACT ABSTRACT Company Name: Various water and wastewater agencies Company Contact: Zoe Rodriguez del Rey, CVWD Summary of Services: MOU regarding Collaboration on the Coachella Salt and Nutrient Management Plan Contract Price: Funding Source: Contract Term: $30,000.00 $420-6800-43200 Until terminated Contract Administration Lead Department: Development Services - Engineering Division Contract Administrator: Joel Montalvo/Donn Uyeno Contract Approvals Council Approval Date: Resolution Number: Agreement Number: November 12, 2020, Item 1.0. N/A A8625 Contract Compliance Exhibits: N/A Signatures: Attached Insurance: N/A Bonds: N/A Contract prepared by: CVWD Submitted on: 11/18/2020 By: Vonda Teed we MEMORANDUM OF UNDERSTANDING REGARDING COLLABORATION ON THE COACHELLA VALLEY SALT AND NUTRIENT MANAGEMENT PLAN Thismemorandumofunderstanding (MOU)isenteredintoamongthe Parties identified hereinforthe purpose of col laborating on the development of a workpl an to update the Coachella Valley Salt and Nutrient Management Plan (CV-SNMP) and on subsequent work that may arise from the CV-SNMP Development Workplan and Groundwater Monitoring Program Workpl an. The Parties to this MOU shall be collectively referred to herein as "Parties" and individually as "Party." Parties 1. Cityof Palm Springs, a charter city that owns its wastewatertreatment plant and manages municipal wastewaterwithin its service area. 2. Coachella Valley Water District (CVWD), a countywater district organized underthe California County Water District Law, codified at Sections 30000, et seq., of the California WaterCode and the Coachella Valley Water District Merger Law, Water Code section33100, etseq. 3. Cityof Coachella, age ne ral -law Citythat provides water service through the Coachella Water Authority, ajoint powers authority formed as a component of the City of Coachella and the Housing Authority of the City of Coachella, and manages municipal wastewater in its service area through its subsidiary Coachella Sanitary District. 4. Desert WaterAgency (DWA), an independent special district organized underthe DesertWater Agency Law, codified at Sections 100-1, et seq., of the Appendixto the California WaterCode. 5. Indio WaterAuthority, ajoint powers authority formed as a component of the City of Indio and Housing Authority of the Cityof Indio. 6. Mission Springs Water District, a county water district organized uncle rthe California County Water District Law, codified at Sections 30000, et seq., of the California WaterCode. 7. Myoma Dunes Mutual Water Company, a mutual water utility system organized underCalifomia Corporations Code Sections 14300, regulated underthe U.S. EPA Safe Drinking Water Act, and by California's Water Code, Health and Safety Code. 8. Val ley Sanitary District, a California special district, which operates underthe authority of the Health and Safety Code, Sanitary District Act of1923, Sections 6400 et seq. RECITALS A. The Policyfor Water Quality ControlforRecycled Water (Recycled Water Policy) required local water and wastewater agencies, togetherwith local salt contributing stakeholderstodevelop aSalt and Nutrient Management Plan (SNMP) forthose basins identified as "priority basins," to help address the potential for recycled wateruse to impact groundwater quality and to promote basin -wide management of salts and nutrients in groundwater. B. The CV-SNMP was prepared and submitted tot he Colorado River Basin Regional Water Qua Iity Control Board (Regional Board) in June of 2015, but was not adopted by the Regional Board because certain components were considered to be insufficient. C. On February 19, 2020, in accordance with the Recycled Water Policy as amended in 2018, the Regional Board, prior to adopting determination on the CV-SNMP, provided specific findings regarding which compone ntsofthe CV-SNMP were found to be insufficient and recommendations to develop an acceptable SNMP. D. The Parties, which are composed of local waterand wastewater agencies, have agreedthat itis in their mutual interest to collaborate on the development of an updated CV-SNMP, and further agreed to collaboratively preparea CV-SNMP Development Workplan and Groundwater Monitoring Program Workplan, as agreed to with the Regional Board and confirmed in theirsubsequent communication dated April 27, 2020. NOW, THEREFORE, it is mutually understood and agreed as follows: 1. Preparation of the CV-SNMP Development Workplan The Parties will collaborate on the preparation of the CV-SNMP Development Workplan and Groundwater Monitoring Program Workplan. a. Consultant: The Parties selected Wildermuth Environmental, Inc. (WEI) to prepare the CV-SNMP Development Workplan and Groundwater Monitoring Program Workplan. CVWD has retained WEI on behalf of the Parties to complete this work. b. Cost -Share: The not -to -exceed cost for preparing the SNMPDevelopment Workplan and Groundwater Monitoring Program Workplan is $226,578.00. Each Party will be responsible for an equal share of the not -to -exceed cost for pre paring these deliverables. c. Billing: WEI will submit monthly invoices to CVWD. CVWD wil I initially be responsible for payment of such invoices, but will, in turn, invoice each of the other Parties fortheirequal share of each invoice. 2. Implementation of Monitoring Workplan The Parties will collaborate on the implementation of the Groundwater Monitoring Program Workplan. a. Monitoring: Each Party will be responsibleformonitoring wells identifiedforinclusioninthe monitoring network, in accordance with the Groundwater Monitoring Program Workplan, that are withintheir ownershipor, ifitisa customer -owned well, within the irjurisdiction.Where jurisdictionsoverlap,the Partieswithoverlappingjurisdictionswilldesignatethe Pa rty th at wi I I monitorindividua] customer -owned wells. b. Reporting: Each Party will be responsiblefor submitting monitoring data according to the schedule and format identified in the Groundwater Monitoring Program Workplan. c. Monitoring Costs: Each Party wiI I be responsible for absorbing its own costs related to implementation of its individual monitoring responsibilities identified in the Groundwater Monitoring Program Workpl an. 3. Pre pa ration of the Updated CV-SNMP The Parties wiI I collaborate on the development of an updated CV-SN MP fol lowing completion of and in accordance with the recommendations in the SNMP Development Workplan. Theme a ns of procuring consulting services and need to share additional costs associated with the development of the updated CV-SNMPwiII be addressed in future amendments to this MOU. 4. Participation bVCtherLocaI Salt Contributing Stake hoIders It is the stated goal of the Parties to expand participation in this collaboration to any and al I interested local saItcontributing stakeholders. Addition of Parties and associated cost -share provisions will be addressed in future amendments to this MOU. 5. General Provisions Governing MOU a. Term. The term of this MOU shall be from the date the second Party signsthis MOU ("Effective Date"). This MOU shall be effective as to any Parties that execute it, whether or not al I named Parties execute it. b. Modification. This MOU maybe amended in a writing signed by a duly authorized officer or representative of each of the Parties hereto. c. Termination. Any Party mayterminate its participation in this MOU upon thirty (30) days prior written notice to the other Parties for any reason or no reason. Any Party terminating or otherwise ceasing its participation in this MOU shall be responsible forits share of the costs, as setforth herein, which are incurred on or before the effective date of said termination. d. Dispute Resolution. Each Party shall use its best efforts and work wholeheartedly and in good faith forthe expeditious completion of the objectives of this MOU and the satisfactory performance of its terms. The Partieswill attempt in good faith to resolve any dispute or disagreement arising out of or in relation to this MOU. If the dispute ordisagreement cannot be settled amicably within fourteen (14) days from the date on which either Party has served written notice on the other Parties, the dispute or disagreement will be resolved bya simple majority vote. Final decisions agreed upon by majority of the Parties will become bindingon all Parties. e. Payment Default. In the event a Party (Defaulting Party) fails or refusesto make any of its payments underthis MOU, CVWDwill provide a 30-day notice to cure to the Defaulting Party. If the Defaulting Party does not make the required payment before expiration of the 30-day notice period, the Defaulting Party shall be deemed to have terminated its participation in this MOU. The Defaulting Party shall remain responsiblefor its share of the costs, asset forth herein, which are incurred on or before the expiration of the 30-day notice period. Afterthe Defaulting Party has been deemed to have terminated its participation in this MOU, each 3 remain ingPartywiII be responsible for an equal share of the remainingnot-to-exceed cost for preparingthe deliverables. f. Counterparts. This MOU may be executed in one ormore counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the Parties have executed this MOU as of the day and year indicated below. David H. Ready Cityof Palm Springs Date J.M. Barrett Date Coachella Valley Water District William Pattison Date Cityof Coachella Mark S. Krause Date Desert WaterAgency Trish Rhay Date Indio WaterAuthority Arden Wallum Date Mission Springs Water District Mark Meeler Date Myoma Dunes Mutual Water Company Beverli A. Marshall Date Valley Sanitary District APPROVED AS TO FORM APPROVED BYCRY COUNCIL EST: e TY ATP R Y ity Clerk 5