HomeMy WebLinkAbout _ 4.11(c)--Third Amendment for COR Master Service Agreement (C-3386) with theTribal Council GI �" Y � F
� � � ° � � � " � � CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: March 21, 2023 FROM: Chuck Aukland,Public
ITEM NO. 4.11(c) Works Director
***APPROVED BY***
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caulcland@ci.redding.ca.us btippin@cityofredding.org
SUBJECT: 4.11(c)--Approve the Third Amendment to City of Redding Master Service
Agreement(C-3386 with the Tribal Council of the Redding Rancheria
Recommendation
Authorize the following actions relative to the City of Redding Master Service Agreement (C-
3386) with the Tribal Council of the Redding Rancheria to provide Water and Wastewater Utility
Services:
(1) Authorize the Mayor to execute a Third Amendment (Amendment) to the Agreement (C-
3386) for a term ending October 2, 2028; and
(2) Find that the activity is categorically exempt from review under the California
Environmental Quality Act Guidelines, pursuant to Section 15301(a and d) — Existing
Facilities.
Fiscal Impact
The proposed amendment will extend the term of the Master Service Agreement (Agreement) at
the current Payment Schedule per Section 2 of the Agreement. Terms include guarterly payments
to offset the costs of general services as well as monthly utility payments in accordance with the
current Water and Wastewater Utility Rate Schedule.
Alternative Action
The City Council could continue with the existing term, which will terminate on April 2, 2023;
and/or provide alternative direction to staff
Background/Analysis
The City of Redding (City) has a longstanding agreement to provide municipal services to the
Tribal Council of the Redding Rancheria (Tribe) and its existing Hotel/Casino, Tribal offices and
residences. Two majar revisions were executed since 1995, including in 2002 and 2012. The
most recent version is the Master Serviee Agreement executed in 2012, and amended in 2017 to
modify wastewater compliance language. A second amendment was executed in September 2022
Report to Redding City Council March 16,2023
Re: 4.11(c)--Third Amena'ment for COR Master Service Agreement(C-3386) with theTribat
Council Page 2
to extend the term of this 10-year agreement for six months to allow staff time for a thoughtful
and pragmatic approach to negotiating a potential ongoing agreement.
Staff has worked with Tribal staff and developed the attached amendment far consideration. The
proposed Third Amendment will provide the same ongoing services for an additional five-year
term at the current Payment Schedule per Section 2 of the original agreement. The Payment
Schedule provides revenue to offset the cost of providing general City services unrelated to
utilities and increases by two percent annually. The City wi11 continue to provide the water and
wastewater services outlined in the agreement with all applicable limits, tests and inspections
under the most current utility rate structures.
One minor change is included in Annex A related to water conservation goals. The Tribe has met
all obligations within the agreement associated with the casino expansion.
The amendment has been approved as to form by the City Attorney.
Environmental Review
Staff has reviewed the action and determined that the activity is Categorically Exempt from
review under the California Environmental Quality Act (CEQA) G�uidelines, per Section 15301(a
and d). Class 1 exemptions include the operation, repair, maintenance, or minor alteration of
existing facilities, structures, or equipment involving negligible or no expansion of use. The City
will provide continued service and maintenance to the existing facilities and equipment to ensure
they meet current public health and safety codes. Execution of the contract and maintenance of
the equipment will not result in expansion of use. The action has no potential to have a
significant effect on the environment.
Council Priority/City Manager Goals
� This agenda item is a routine operational item.
Attachments
^Notice of Exemption
Redding Rancheria Tribal Resolution
Third Amendment
Second Amendment
First Amendment
Agreement
NoTIeE aF ExEMPTION
TO; ❑ Office of Planning and Researcll FROM: City ofRedding
1400 Tenth Street,Room 121 Public Warks Department
Saci�arnento, CA 95814 7'77 �Cypress Avenue
Redding,GA 96001
� Shasta County Clerk
County af Shasta
P.C►.Box 990880; 1{43 Market Street
Redding; CA 96099-0880
Pra�ject Title: Master Service A�reement with the Reddan�Rancheria J O# 5311-10
Fraject Locatian—Speci�c: Reddirr�Rancheria Road
Praject Location—City: Reddin� Pro,�ect Lacation—County; Shasta
Description af Praject: The Citv of Reddin� wr11 ainend the Water arid Wastewater Service Utility Master Service
Agreement witli the Redding Rancheria The Citv of Reddiii� has a lon standing A�reernent to provide munici�al
servrces to the Reddin�Ranckeria and their exrstin�Hotel/Casino Tribal offces and residences The contract has a term
of five vears and will expire in October of 2028
Name of Public Agency Appraving Praject: Citv of Reddii��
Name of Person or Agency Carrying Ont Praject: ChuckAakland,Public Works Director
Exem�Y Status: (check-one)
❑ Ministerial [Section 210$0(b)(1}; 15268]
D Declared Emergency [Section 210$0(b)(3); 15269(a)]
❑ Emergency Project [Section 21480(b)(4); 15269(b)]
❑ Statutar-y Exernptions. State eade number:
❑ Common Sense Exemptiotz (This project does not fall within an exernpt class,but it can be seen with certainty that there is
no possibility thatthe activity may have a significant effect on the environment(14 CCR 15061{b][3]).
❑� Categorical Exemption. State type and section number: Section 15301(a&d . Existin�Facilities
0 No exceptions apply tlaat would bar t12e use of a categorical exemption(PRD 21084 and 14 CCR 15300.2).
Reasons why pr+aject rs exempts Class 1 exemptions include the operation repair" ma�ntenance or manor alteration of
existin� facilities structures or equipment involvin� ne�li�ible ar na eX�ansion of use The Ci will provide continued
service to the existin�faciiities and equlpment to ensur� it meets current public health aild safety"code Execution of the
contract and maintenance of the equi ment wrll n�t result in expansion of use Tfie project llas no patential to have a
signi�cant effect on tlie environrnent:
Lead Agency Cantact Persont Amber Kellev Telephane; 530.225.4Q46
If Ffled by Applicant:
1. Attach cer�ified dacument of exemption finding.
2. Has a notice of exemptron been�led by tlae public agency approving the project? o Y�s o Na
Signature; � ,�,� Date°
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Title: Environmental Com liance M na er
�Signed by Lead Agency Date received far filing at OPR;
❑ Signed by Applicant
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TRIBAL CQUNCIL RESQLUTION
#015-02-28-23
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SUBJECT: AppraVal of Third Arnendment to the 2Q 12 Master Service Agreement
with the City of Redding to extend the term to Qctober 2, 2028.
WHE ASa The Tribal Council wrshes to prc�vide safe and effective water and
wastewater services to all Tribal facilities and residences on the Redding
Rancheria in the most efficient manner possible; and
WHE AS; The City of Redding provides water and wastewater services ta businesses
and residences of the city; and
WHE AS: The Tribal Council has deterrnined that the most ef�'icaent manner to
provide water and wastewater services on the Rancheria is by contracting
with the City of Redd�ng; and
WHE AS. The Redding Ran�heria and the City of Redding have had a successful
agreement ta provide for such services since 1995; and
WHE AS: The eurrent agreement was fully executed October 2, 2012, has a term of
1 Gl years; and
�HE AS: The Redding Rancheria and the City of Redding executed the F�rst
Amendment to the 2012 Master Service Agreement an May 1 y �017 to
rnake the Agreement consistent with the Redding Municipal Code;
WHE AS: The Redding Rancheria and the City of Redding executed a Second
Am�ndment to the 2012 Master Service Agreement to extend the term an
addi�ianal six months to Apri12, 2023; and
WHE AS: The City of Reddrng has proposed a Third�lmendment ta the 2Q12 Master
Servrce Agreement to extend the term to October 2, 2028.
//
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DDING NCHERIA
TRIBAL CCIUNCIL RESOLUTI4N
#015-02-28-�3
(Page 2 of 2}
WHE AS: The City of Redding has praposed an Amendment to the Water Services
Annex A, Section 1(B)(4) to comport with the current City water
conservation programs designed to meef the State of Califarnia's water
use.
NOW, THE Ft� BE IT SQLVED, THAT: The Redding Rancheria Tribal
Council hereby approves the attached Third Amendment to the 2012 Master `Service
Agreement with the City of Redding; and
BE IT FURTHER SOLVED, THAT: The Chairperson of the Redding Rancheria
Tribal Council is delegated authority to sign the Third Arnendment to the 2012 Master
Servi�e Agreement with the City af Reddingy and
BE IT SQLVED, THAT. The Chief Executive Officer is herel�y authorized to take
all necessary acti�ns to implement this resolution.
CER'I'IFICATION
The foregaing Resolution was appraved by a vote of for, against and
abstentians, at a duly called meeting of the Tribal Council of the Redding Rancheria, at
which a quorum was present, th�s 28th day af February 2023.
.. �„��
Ch rperson, Redding Ran ria Date
T bai Council
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Secretary, �d ing Rancheria Date
Tribal Council
THI AIi�IENDMENT TQ MASTER SERVICE AG EMElVT
The Master Service Agreement, (C-3386) dated Octaber 2, 2412, and arnended May l, 2017, and
September 13,2022,between the City ofl�edding, Califarnia("City99)a municipal corporation,and
the Tribal Council of the Redding Rancheria("Tribe"j 1s hereby amended as follaws;
SECTION 1 is amended to read in its entirety as follows:
The term af this Agreement shall commence on Qctober 2, 2012, and shall terminate an
Qctober 2, 202$.
Annex A, Section 1(B)(4) is amended ta read as follaws:
4. `The Tribe will make a gaod-faith effort to comply with City water conservatian
programs designed to rneet the State of California's water use goals.
A11 other terms and conditians of the Contract dated Octc�ber 2, 2Q12, and amended May l, 2017;
and Septernber 13, 2Q22,shall remain in fu11 fc�rce and effect.
The date of this Third Amendment shall be the date that it is signed by the City.
IN WITNESS WHE UF,City and Tribe have exeeuted this Third Arnendment on the days
and year set fc�rth below:
CITY t�F I)1�ING
A Municipal �'orporatior�
Dated; , 2023
By; MICHAEL DACQUISTO, Mayor
Ap�roved As 7'd Frarm,•
Attest: 13ARRYE: DeWALT
Czty Attorney
PAMELA MIZE; Ciry Cler°k By:
T BAL CQUNCIL (�F THE DDING
RANCHE�2IA
I)ated: F�bruary 28, , 2Q23 '
BY•' JACK PC?TTER, JR., Chai
Appravea'As To Form:
MICHAEL HC?LLOWELL
Tribal Attorne,y
By:
SECt�NL1 AMENDIVIENT TO M�S'Y'EI2 SER�IC�A� EMEN'I'
The Master Service Agreeme�t, (C-3386} dated October 2, 2012, and amended May 1, 2017,
between the City of Redding, Califarnia ("City"} a municipal corporation, and the Tribal Council
of the Redding Rancheria("Tribe") is hereby amended as follows:
SECTIQN 1 is amended to read in its entirety as follows:
The term of this Agr�ement sha11 b� far a period of ten (10} years, commencing on the
effective date of this Agreement.Natwithstanding the forgoing,commencin�;on Qctober 2,
2022, the tern�;��'����,���ment sha11 be extended six (6)months to Apri12, 2023.
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All other terms,���,�bnditions of th�,���tract dated October 2, 2012, and amended May 1,2017,
sha11 remain 1�������force and effeet.
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The date af�����Second Amendment���1 be the date that it is sign�d by the City.
IN WITNES��?��EREQF, City and Tribe have executed this Second Amendment on the days
and yeax set foi�����r��u,, , � �
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A 1����eipa�l Corparatio�
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Dated: A ,�- '' � , 2022 q� � i�G���� i
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Approved As To Fo�°rn: !
M�CHA��HC?L�OWELL
Tribal Attorney i
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MASTER SERVICE AGREEMENT
This Master Service Agreement ("Agreement") is made by and between the City of Redding
("City"), a general law municipal corporation, and the Tribal Council of the Redding Rancheria
("Tribe"), the governing body of a federally recognized Indian Tribe.
RECITALS
1. Tribe is a federally recognized Indian Tribe governed by a seven (7) member tribal
council, exercising sovereign powers of self-government within the jurisdictional
boundaries of the Rancheria.
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2. The Ranch��t� �,������� t��',��k,89 acres of land, some of which is owned�by the United
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States in�����or Tribe or f���t�dividual tribal members and some of which is owned by
individ���>in fee simple. '
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3. City ��' � general law mun�����al corporation, organized and existing under and in
compl��;��e with the laws of the�State of California and is a provider of utility services to
its resic�����
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4. The Rancheri���i�'��#�y are����t��+�iit�c���� another.
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5. The Rancheria is withl� �e City's spl�� of influence as determined by the Shasta
County Local Agency Ft��ation Comiri���. ,��
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6. Tribe and City wish to �i��� '�������n A����'�������at accomplishes orderly urban
development and efficiency in�c�e�ivery o,������ty servic��,'�voids duplication of services,
and provides similar standards betwee�'���two jurisdicti���.
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7. Residents and operations in the�''��ch���� will u��� �`�` cau�+� �o be used, directly or
indirectly, many City services ���»��vhich�f��� �� ����ny dir����timeans of cost recovery,
including, but not limited to: (1) police servi�"`es;�� 2 fire �Y�� onse; 3 EMT services;
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(4)parks maintenance and development; (5) recreatio� �t��igrams, y��� �affic signal
maintenance and traffic control; (7) ernergency dt��tch„ ��� ���treetlights; and
(9) long-term land use and traffic planning � r„��� ��'�
114 S
8. Tribal employment and economic developmeri� +���"���e Rancheria provides direct and
indirect economic benefits to City. Wages earned on the reservation are spent within the
City and generate tax revenues for City. Customers of tribal businesses frequently come
from out of the area and generate additional business and tax revenues for City. These
revenues help to offset City's cost of providing services to Tribe and its residents. It is in
City's interest to support prosperity on the Rancheria in harmony with the economic
prosperity of the greater Redding area.
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Master Service Agreement ►
Redding Rancheria—City of Redding Page 1 W
�p�"``� �-�"IZ w
l�C.�e, I�o. 20/Z � ��' '6�
9. Tribe, in order to improve the quality of services to its members and Rancheria residents,
desires to acquire utility services, as set forth herein, from City.
10. City is willing to provide utility services, as set forth herein, to the Rancheria, provided
that the development of such services meets with certain basic standards and the effects
of said development, taking into account both the added costs and benefits to City, do not
adversely impact City and its residents.
AGREEMENT
For good and valuable consideration hereby acknowledged by the Parties and in reliance upon
the recitals and terms a�������.��ns set forth herein, the Parties hereby agree as follows:
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SECTION 1 T��� � t
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The t���'`��of this Agreement ��� be for a period of ten (10) years, commencing on the
effect�`��;date of this Agreem����'�
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SECTION 2 ����,tVICES AND PAYMENT
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A. City s�i���.}��`�'`�ide ������� �er�Y���,rto Rancheria in accordance with the terms and
conditions set forG���'�annex atta���cl and incorporated into this Agreement.
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1. Tribe sh���nake a good ���i effor�,to make its facilities accessible to City
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as require���� City's ���`��srmar}��}��'services under this Agreement. City
may inspec� ��;'������ infras�����t�� �ich are pertinent to the services
provided by City��in order t��'lsure corr�����nce with this Agreement and
any federal or state m����s placed upt��`�he City and its operations of
utility systems. �'� �
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2. Tribe, at such ti���'and ii����� ������s Cit ��y request, shall make a
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good-faith effort to� furnish Cit�`"`�vi�h period����ports pertaining to utility
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operations on the Rancheria.
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B. The scope of each utility service to be�rovided ���`����ayment for said utility
service shall be set forth in each attach������i��s�Iisted below:
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1. Annex A—Water Services
2. Annex B—Wastewater Services
C. The payments set forth in each annex shall not be construed as a satisfaction of
any fee for service not addressed in this Agreement.
D. In the event any payment required by this Agreement is not received by City on or
before the applicable due date, penalties and interest shall be charged at the rates
established by the City Council made applicable to other City customers.
Master Service Agreement
Redding Rancheria—City of Redding Page 2
E. Payment in offset to impacts addressed in Recital 7 shall be in the annual amount
of One Hundred Thousand Dollars ($100,000.00). Tribe shall pay Twenty-Five
Thousand Dollars ($25,000.00) per quarter. Tribe shall remit payment within
twenty (20) days of City's billing.
1. This payment is not intended to cover direct fees for services specifically
provided for by annex to this Agreement. �
F. The payment set forth in Section 2.E. shall be adjusted upward on July lst of each
year on an.annual basis by 2 percent and shall become effective July 1, 2013, and
every J��������er without necessity of an obligation to meet and confer on the
ad�u���,�����t������t necessity of written amendment.
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G. �� Indian Gaming ���t Program contribution of Four Hundred and Thirty
''���ousand Dollars ($����000) the City received toward traffic improvements
���fsets the traffic im���� fee associated with the proposed construction of the
��`��ibe's casino hotel. T�e Parties agree that this contribution and related credit
���� not affect City's eligibility for future grant opportunities and is in addition to
th� t�,���� ��t forth ,�� ���pn 2.E. Tribe shall be responsible for paying
traffi�~��������"imp���` �`�s �or` '�� additional development with impact on City
transportation fa������+��s. " �
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1. The pro���d casino h���� �overe� by this Agreement is defined as the
constructi��, �f a hot:�� �'��ility �����ng four (4) stories, eighty-five (85)
,
rooms. � � , ' �, `' �
� �
SECTION 3. SECURITY FOR PERFORM���E s
, � ��
A. Tribe shall kee on de ��� �vit ���it the � � � �
p p� �,, y ������cal ��i'��nt of funds that other
utility customers of City�;�'requi������������:`��
B. In the event that City uses security furnished pur��t,�t to th�� ���on to cure a
default by Tribe, Tribe must restore the security ���th� ����4�i�unt required by
this Agreement within thirty(30) calend�r days ��`�������rawal.
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C. Tribe agrees that at all times during ��i� �=�'��stence of this Agreement, it will
maintain in force at its own expense, a general comprehensive liability insurance
policy in protection of the City, its Council members, officers, and employees
with a company authorized to do business in the State of California to protect
such persons against liability for loss or charges for personal injury, death, or
damage to property occasioned by the negligence, whether passive or active, and
the intentional wrongdoing of Tribe. All such persons shall be endorsed as
additional insured's on the insurance policy required herein. The minimum
liability limits of $500,000 for personal injury or death of any one person and
$1,000,000 for personal injury of two or more in any occurrence and $500,000 for
Master Service Agreement
Redding Rancheria—City of Redding Page 3
damages to property resulting from one occurrence shall be maintained. Said
insurance shall be primary to City's policies of insurance.
SECTION 4. TERMINATION OF AGREEMENT
A. This Agreement may be terminated without cause upon giving twelve (12)
months' written notice to the nonterminating party.
1. The binding dispute resolution procedures set forth in Section 5 shall have
no application to terminations occurring under this Subdivision A, nor
shall the nonterminating Party be entitled to any of the remedies set forth
��������� or any other remedy in law or equity. -
, ��n� ;
B. T���greement ma���terminated by either party for cause upon written notice
����i`e other Party pro�,�ng full disclosure of the action, or inaction, which the
���ninating Party beli����to be cause for termination and setting forth the actions
;�quired to cure said ���ch or default. Failure of the nonbreaching party to fully
���re the default or demand recourse to the procedures set forth in Section 5 within
���� (30) calendar days shall entitle the terrYinating Party to exercise the
rei����������h in 5���������low. �
' }�` �{�.�' �` ,,,, '
1. Cause, wt����the meamr�� �f this Agreement, shall include a default or
breach ��`���ny term or ����dition set forth herein, without regard to
material���, Cause s����� also anclude any anticipatory breach or
repudiati���f this ����ent � ��
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SECTION 5. BINDING DISPUTE R���OLU��`
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A. Whenever a Party to this A������t determine���t an �t or failure to act by the
other Party or other eve��`���st����es a bre��� �r de��'��'and has provided the
notice required by Sec��i�� 4.B.;��� ���� ��ceivin �otice of said breach or
,�,:� �
default may initiate binding dispute res�S�i��ion unde������terms and conditions set
forth below: r '� ,� �
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1. Binding dispute resolution may,�nly be ��������� ��?��the good-faith belief
that there are grounds for termit� ��'��a������t�'e.
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2. The Notice of Binding Dispute Resolution must describe the dispute
which is to be submitted for resolution,the proposed remedy to resolve the
dispute and the name, address, and telephone number of the Party's
nominee to the Dispute Resolution Hearing Panel.
3. Failure to serve the Notice of Binding Dispute Resolution within the time
frame set forth in Section 4.B. shall be deemed a voluntary and knowing
waiver of that Party's rights to litigate, arbitrate, or mediate said dispute
Master Service Agreement
Redding Rancheria—City of Redding Page 4
and shall result in a forfeiture of all defenses and� legal and equitable
remedies to which that Party may otherwise have been entitled. �
B. When the requirements set forth in Section S.A. have been satisfied, the Party
claiming the right to terminate this Agreement for cause shall, within ten (10)
calendar days, submit the name, address, and telephone number of its nominee to
the Dispute Resolution Hearing Panel to the other Party.
C. Within ten (10) calendar days after the terminating Party has personally served
written notice of its nominee or deposited said written notice in the United States
mail, the Parties shall meet and select a third panel member, which shall complete
the forr�����. ���tl�e Hearing Panel. In the alternative, the Parties may agree to
hav����,,�����������`��d by a single arbitrator.
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D. ����earing Panel, or°���gle arbitrator if applicable, shall establish such rules of
,���cedures as it deem� ��cessary to resolve the dispute, provided that such rules
,,�ust provide for a he����that complies with the following:
1'..
�ty Each party may be represented by legal counsel and shall have the
;
, ����'��ity to���������al argument.
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2. Each part�����1 be entrtl��,i present oral and/or documentary evidence.
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3. Formal rt��s of evidenc�����11 not�ply.
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4. Discovery sl���������rocal4 �� =,5
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5. Except by mutual agr����it of the P����s evidenced in writing, the
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hearing shall be co�c������no later tha�����ty (3� calendar days after the
selection of the tka�,�,`�er���r of the ����'ng P�i���, or single arbitrator, if
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applicable. �� ���
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6. A written decision of the H�aring Panel, or ��"gle arb�����f applicable,
shall be served on each Party no later than��ee�a�������endar days after
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the conclusion of the hearing ,, , � � ��
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7. The Hearing Panel, or single�{��r����'�ator if applicable, shall have no
authority to order any relief or remedy not specifically set forth in Section
6 of this Agreement.
8. Each Party shall bear its own costs and attorney fees and shall each pay
one-half ('/2) of the costs, expenses, and fees of the Hearing Panet, or
single arbitrator if applicable. Notwithstanding the preceding, if the
Hearing Panel, or single arbitrator, determines that a default has occurred
and the Party initiating binding dispute resolution did not do so in good
faith, the Panel may direct that all litigation costs, including, but not
Master Service Agreement
Redding Rancheria—City of Redding Page 5
limited to, attorney fees, costs, expenses, and fees of the Hearing Panel, or
arbitrator, shall be paid by the nonterminating Party.
9. Notwithstanding the above, nothing in this Agreement is intended to
waive the Tribe's sovereign immunity under Federal law.
SECTION 6. REMEDIES
A. Remedies of City Upon Default by Tribe. Upon establishment of cause,
pursuant to Section 4.B., or upon the occurrence of a failure to demand binding
dispute resolution per Section S.A.3, City shall have the right to terminate a
portion,�� �����,�� utility services to tribe. City shall be entitled to damages
prox���'����`�`������,�rom said breach or default exclusive of damages relating to
� lc���'��'�enue. Darri`��r�� shall be offset against any fees or payments paid in
����nce of services pr����ied to Tribe, if any.
,,�`��� � s
�� City may wai���`'default and not terminate the Agreement; however, any
� �;
such waiver shall not prevent City from exercising its right to terrninate
t , this Agreement and otherwise pursue any remedy provided for herein
�
' � ���,��bsequ�������1t or breach by Tribe.
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B. Remedies of Tr���*''�Upon De����t by City. Upon establishment of cause,
pursuant to Sect�����4.B., or upo�t��e occurrence o�a failure to demand binding
dispute resolutia��er Section 5 .�.;�>;�Tribe�hall have a right to reimbursement for
the damages pro����tely aris��u����t of���+�fault Additionally, Tribe shall have
the right to speci����������ce o� �k��� �����ent. Damages shall be offset
against any fees or payrrie`rit requ��'�o be mat���y Tribe to City in accordance
with the terms of this Agreeme���
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1. Tribe may waive,a���lul���id not tern����te th�'��reement; however, any
such waiver sha�� �bt prev��� ������`��rn exe����ng its right to terminate
�
this Agreement and recovery `��`���e remed�����"set forth herein upon a
subsequent default or breach by City. � ,��,��`� �`
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2. Tribe shall have no legal righ� to rec���'�����d�ies on behalf of its
members or other residents of tY��������� "`�'�
SECTION 7. INDEMNITY
A. Each Party shall defend, hold harmless, and indemnify the other Party and its
legislative body, directors, officers, agents, and employees against any and all
loss, liability, civil penalties, damage or expense, including any direct, indirect or
consequential loss, liability, damage or expenses, inclusive of attorney fees, for
any violation of state or federal law, injury or death to persons, including
employees of either Party, and damage to property, including property of either
party, arising out of or in connection with intentional, willful, wanton, reckless, or
Master Service Agreement
Redding Rancheria—City of Redding Page 6
negligent conduct occurring during the term and related to the subject matter of
this Agreement. However, neither Party shall be indemnified hereunder for any
loss, liability, damage, or expense resulting from its sole negligence ar willful
misconduct. In the case of a violation of state or federal law, the indemnity
obligation shall be triggered upon the causation of the alleged violation and no
intent or negligence shall be required to trigger the obligations set forth herein.
B. The Indemnitor's obligation to defend, indemnify, and hold harmless shall not be
excused because of the Indemnitor's inability to evaluate liability. The
Indemnitor shall respond within thirty (30) calendar days to the tender of any
claim for defense and indemnity by the Indemnitee, unless this time has been
extend�������,�t��jby the Indemnitee. If the Indemnitor fails to accept or reject a
ten���;�����'en�� �� indemnity in writing delivered to Indemnitee within thirty
����
(�� �a�endar days,���°��;�'addition to any other remed� authorized by law, the
��"�innitee may wit���d such funds the Indemnitee reasonably considers
��cessary for its defe�����and indemnity until disposition has been made of the
����aim or until the Ind���itor accepts or rejects the tender of defense in writing
��ivered to the Indemnitee, whichever occurs first.
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C. T�� ������������ inde����`�� ��otect, defend, and hold harmless set forth in this
Sectio��°�������s to ��� ���ims ��� liability regardless of whether any insurance
� policies are appli������.�The polic� ��mits of said insurance policies do not act as a
limitation upon��amount of ind��ification to be provided by the Indemnitor.
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D. The Indemnitee ���1� have tk�� ��ht tc� ����roye or disapprove the legal counsel
retained by Indemr������ ��t`��ant ��} ���� �����on to represent Indemnitee's
interests. Indemnitee sha��������be rei����ed for all���ts and attorney's fees incurred
by Indemnitee in enforcing the����`ations set fo���n this Section.
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SECTION 8. REGULATORY COMF����1�� '
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A. It is recognized by both��parties Fec�e��l������Clean W�� Act and the California
Regional Water Quality Control Board Waste Disc��ge Regt������ts cannot be �
waived by the City. As such, Tribe shall meet w�����v�t��,������rge� prohibitions
as detailed in Annex B of this agreem�nt and ���� ����ed amendments when
requested by the City to ensure wastev����������'�rom the Tribe meets federal
and state standards.
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SECTION 9. MISCELLANEOUS
A. Notice. Whenever notice, payment, or other communication is required or
permitted under this Agreement, it shall be deemed to have been given and received
when personally delivered or when deposited in the United States mail with proper
first-class postage affixed thereto and addressed as follows:
Master Service Agreement
Redding Rancheria—City of Redding Page 7
Tribal Council City
Redding Rancheria City Manager
c/o Tribal Chairperson City of Redding
2000 Rancheria Road 777 Cypress Avenue
Redding, CA 96001 Redding, CA 96001
B. Integration. This Agreement, including all annexes, contains the entire
Agreement between the parties and supersedes all prior and contemporaneous oral
and written agreements, understandings, and representations between the Parties
regarding the subject matter of this Agreement. All prior contracts relating to the
provisions of services addressed herein shall, as of the effective date of this
Agreem��������Q further force or effect.
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C. 1V����t�ation of Ag��+��ent. This Agreement shall not be amended except by
��� .
�vritten agreement���oth Parties approved in the same manner as this original
',��reement. No other,��;�ported change (i.e., modification orally or by practice)
3�k�all be effective or b����g on the Parties.
,
D. ���a�cr. No waiver of any of the provisions of this Agreement shall constitute a
w����' �£,��� other �������� nor shall any waiver constitute a continuing
waiver:�z.����vaive������� �e ����ing unless executed in writing by the Party
making the waiv���
„ ;
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E. Inter retation � ' ���
p �"�e Parties ap�z��that th�� are aware that they have the right to
be advised by leg����unsel���spec������e negotiations, terms, and conditions
of this Agreement �r�� ���,��y�'�°°deci����������ier or not to seek the advice of
counsel with respect to������this �,���inent is �, decision which is the sole
responsibility of each of the P����: Accordin����` no Party shall be deemed to
have been the drafter hereo���� �e principle}��"�€�w th�� contracts are construed
against the drafter shall n���,�pl�� �n the ev����#`a cc�����t between an annex to
this Agreement and the ���iguage �������� ��"'the b���� of this Agreement, the
language set forth in the body of this A'g�`�ement sha����ntrol.
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F. Survival. The provisions set forth in Sections 5, ��'�, ����� �*�,'��.�E, and 9.G. of
this Agreement shall survive terminatior�;of the �����:,,�,
G. No Third Party Beneficiaries. No prov`t�it����of this Agreement is intended to, or
shall be for the benefit of, or construed to create rights in, or grant remedies to,
any person or entity not a party hereto.
H. Right of Intervention. City shall have the right, but not the obligation, to
intervene in any suit or proceeding concerning this Agreement with Tribe and the
right of Tribe to operate utilities pertinent to this Agreement within the Rancheria
in a manner that complies with this Agreement if such suit or proceeding could
affect the City's delivery of services under this Agreement.
Master Service Agreement
Redding Rancheria—City of Redding Page 8
I. Prohibition Against Discrimination. Within the Rancheria, Tribe shall not deny
services or access, nor otherwise discriminate against people seeking to connect to
Tribe's utilities on the basis of race, color, religion, natural origin, age, or sex.
J. Effective Date. The effective date of this Agreement shall be the date that it is
signed by City.
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Master Service Agreement
Redding Rancheria—City of Redding Page 9
IN WITNESS WHEREOF, City and Tribe have executed this Agreement on the days and year
set forth below:
CITY OF REDDING,
A Municipal Corporation
Dated: /r�'�-- ^ ,2012 �_��
By: DICK DICKERSON, MAYOR
�,�}. ,
ATTEST: ' � � APPROVED AS TO FORM:
�� ��,
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`` �� ' RICHARD A. DUVERNAY
,
���� , , City Attorney
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PAMELA 1VI��:����,fi� e�-1€ By' � ��„��t#��
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� �� > � � �JASON HART, Tribal Chair
, �� , ' TRI��L COUNCIL OF THE REDDING
; , '` F��S:��`���,RIA
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Dated: '/D ,2012 �, " r �"�
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APPROVET�! ��,�'�t��`�2M:
N�;�L M����'��N
Ttr�%������r4�ne.
u�w �_�� Y
By:
ATTACHMENTS:
Annex A—Water Services
Annex B—Wastewater Services
Master Service Agreement
Redding Rancheria—City of Redding Page 10
ANNEX A
WATER SERVICES
RECITALS
1. City owns, maintains, and operates a water treatment and distribution system.
2. Tribe, in order to improve the quality of services to its members and Rancheria residents,
wants to purchase water services from City.
3. City is willing t�������� water services to the Rancheria, provided that the development
that this ser���������,'' �����e complies wi�h certain basic standards and that the effects
of that d�����'ril�nt, taking��t���account both the added costs and benefits to the City, do
not adv����y impact City and��'xesidents.
,,
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, . � i,�AGREEMENT
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SECTION 1 ���VICE OBLIGATIONS OF CITY
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A. Cit �����,,��'�"�� �
y �� y ����� ��"t�� �.��cheria through a master meter located at the
property line. ����,�vill own, ���ate, and maintain all water facilities on the
supply side of ����' master met�'�s including the meter and the box. City's
responsibility fo��aintenance e,����t the m,aster meter.
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1. Except whe��'��� ����ove����� �� �'i� Rancheria occasion additional
improvements to'��ity's w�,�����ain syste��City will be responsible for all
improvements off-site �f���"the Ranche���� The off-site improvements
shall be sufficient �� ,���clle expecte�> ��rvic� volumes based on the
existing water rn����`��a��.�rty in ����� at th� ���ne this Agreement is
executed, and wi�#��i�the li�������������'or�h i����tion 1B of this Annex.
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B. City shall suppiy water services sufficient to th� �,�ncl�eria �c�� ��e following
facilities: (1) existing residences; (2) existing ��i� R,�t��' ����no facility; (3)
existing Tribal offices; (4) existing TriY�al Head ��������l��y�; (5) existing Tribal
Community Center; and (6) the propa�� ����� ��el expansion, as defined in
the Master Service Agreement. -
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1. Excluding water required to maintain sufficient flow for fire protection
(which may only be used to respond to a fire on the Rancheria), the flow
of water through the master meter shall not exceed a maximum monthly
amount of 6,800 ccf and annual amount of 49,500 ccf.
2. The proposed Casino expansion as covered by this Annex is defined in the
Master Service Agreement.
Annex A Water Services
Redding Rancheria—City of Redding—Master Service Agreement PageA 1
3. City may reduce the quantity of water available to the Rancheria under
this Agreement only in a declared water emergency, subject to duly
adopted policies that apply equally to all customers of City's municipal
water system.
4. The Tribe will make a good-faith effort to comply with City water
conservation programs designed to meet the State of California's goal for
a 20 percent reduction per capita water use by 2020.
5. In the event that City is requested to service facilities not described in this
Section, the Parties shall meet and negotiate the terms and conditions of �
s��,� ����,�st in good faith. Notwithstanding the preceding, City shall not
,� , ��������"��t�����ncrease services pursuant to the request of Tribe.
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C. ���'` shall test the re���ed pressure principle cross-connection control device
� .
����PP") at the point c�"��rvice conYection on the Rancheria side of the master
�eter on an annual ba��s''�nd invoice Tribe for costs of testing in accordance with �
��� City's standard policy and rates for annual cross-connection control device
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D. City s�`��������uct ���i��ca'����on testing of the master meter in accordance
, ,:
with the City's st���d large me��� testing program.
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SECTION 2. SERVICE OBI.���ATIONS O�„�`�tIBE ,
, � ��
A. Tribe shall constru������� �����ain it.�i���E� �����t�,al water supply system for boti�
���_ „
domestic and fire flows. " ����, ����� _}�;
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B. Should there be a need to �tr����e the water ����em a�hich connects to City's
water supply system, Tr��� �ill � respon�a�r�� �`or o����t�e improvements. The
on-site water mains sh��,� ��ie su������� �#�t���idle e����ted service volumes of
City's fire-flow requirements. ���� �� �
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1. Tribe shall design any necessary modifi�����ns �� �,���`�5vements to the
Rancheria water distribution system ("o�����������i�es") to accommodate
any increased water pressure o��������"�;��'��e City-furnished supply as
compared to the current Ranc����'�"��ources and to provide adequate
pressure and volume for fire hydrants to serve the Rancheria.
.
2. Tribe shall be responsible for the operation, maintenance, and repair of all
on-site improvements, including all on-site facility RPPs past the service
connection on the Rancheria side of the master meter, which will be
maintained by the City per Section 1 D of this Annex.
Annex A Water Services
Redding Rancheria—City of Redding—Master Service Agreement PageA2
3. No private or community well shall be connected to any part of a system
connected to City's water system.
C. At the time of any additional construction which falls within the scope of the
Master Service Agreement, additional fire hydrants, as required by the California
Fire Code, will be installed.
1. A mutually agreeable testing agency shall annually test each fire hydrant
to ensure its operation as part of the City's citywide fire hydrant testing
' program. Fire hydrants that fail to pass testing shall be replaced or made
to meet California Fire Code specifications within thirty (30) calendar
��� ���ts for testing water lines for fire hydrants shall be borne by
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�� � �� All test report���11 be submitted to City's Director of Public Works no
� r later than ten(����alendar days after completion of testing.
D. ' �'�be, at City request, may consider a long-term transfer of the 205 acre-feet of
���r available under the federal United States Bureau of Reclamation Contract
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Ni�� ���'� �� ���0006-��� +�����heria Settlement Contract) to the City. The terms
, ,� ,
of an������� wi�� ��'�ego�������by the parties at such time that a transfer is
considered. �, ��
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SECTION 3. CHARGES Al���AYMENT� s �
, � �
A. Tribe shall pay an ��tt��4� ����'�presse����� �i(�;��� costs for the annual test of the
RPP device. ������ � y.
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B. Tribe shall pay to City whe�����l applicable ��i�ecti�,�fees, capacity charges,
monthly service charges� ���m��ty char��� �ricl a�j���er fees, charges, and ,
W�,
fines in accordance with��y's app�������,��le of�`���and charges, as adopted
from time to time by the City Counci�. ��'��'"`����� 't��
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1. City shall have sole discretion to deterr���� th� ����'""size for Tribe's
� �
connection to City's water system accb���� ����'��ie City's reasonable
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estimate of Tribe's water use }' t '
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C. Tribe shall maintain a service contract with City's Utility Customer Services. All
utility services procured through the Master Service Agreement shall be combined
into one billing. The service contract established with Utility Customer Services
shall be signed by an authorized representative of Tribe, and Tribe will be the
party responsible for payment and shall make any required deposits.
Annex A Water Services
Redding Rancheria—City of Redding—Master Service Agreement PageA3
D. City shall read the master meter monthly and send a bill every month to Tribe.
1. Delinquencies in payment shall be determined in accordance with billing
policies and practices made applicable by Utility Customer Services to all
City customers.
2. City shall restore service only upon payment in full of all delinquent
amounts and reconnection fees due for any utility service procured
through City. City shall not terminate water service except as permitted as
a remedy in Section 6 of the Master Service Agreement.
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Annex A Water Services
Redding Rancheria—City of Redding—Master Service Agreement PageA4
ANNEX B
WASTEWATER SERVICES
RECITALS
1. City owns, maintains, and operates a wastewater treatment system for the treatment of
domestic and industrial waste under applicable state and federal law. The wastewater
treatment system is referred to as a Publicly Owned Treatment Works (POTW).
2. Tribe, in order to improve the quality of services to its members and Rancheria residents,
wants to purcha��,�������ter services from City.
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3. � City is �����������to provide'���stewater services to the Rancheria, provided that the
develop��i�� that this service'��kes possible complies with certain basic standards and �
that tl���`�'ects of that develo���nt, taking into account both the added costs and benefits
to the���y, do not adversely i��ct City and its residents.
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4. City is ���ired to implement and enforce a pretreatment program to control discharges
from all"°�,������� ��rs of i� ������vater system pursuant to requirement set out in �
40 Code of�`��"���..��gul�,���,���'e������03, and California Government Code Section
54739, as amended from��C��to time 4�;
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5. City currently has no a����rity to contr��,�ie discharge of domestic and industrial waste
by facilities located in th����ncorpo�����}areas��',�e Rancheria.
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6. The Parties recognize that it is in�their ���� ��terests�, ���; that of their citizens and the
citizens of the State of California, to e���t��ito an agree���t regarding Tribe's continued
discharge of waste into City's waste�������meatment sys��t'�.
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7. The Parties further recognize f���this 1��������`��t'��1 pro��� City with the required
authority to enforce its obligations under app������e state a���'�ederal law regarding the �
discharge of domestic and industrial waste. k
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AGREEMEN�' ` i
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SECTION 1. CONNECTION TO WASTEWATER��"��'�"�'MENT FACILITY
A. Tribe shall pay a $98,881.86 connection for the Casino Hotel-related sewer
treatment impacts. Tribe shall remit the payment within thirty (30) days of the
beginning of grading operations for the project.
B. Tribe shall be responsible for paying any additional treatment-related connection
fees from Rancheria expansion projects that increase Tribe's need for wastewater
treatment service.
Annex B—Wastewater Services
Redding Rancheria—City of Redding—Master Service Agreement Page B 1
C. Tribe owns, operates, and maintains, at its sole cost and expense, all wastewater
lines within the jurisdictional boundaries of the Rancheria and the force main
between the Rancheria and the Clear Creek Wastewater Treatment Plant
Headworks facility.
1. Notwithstanding the above, the flow meter, sampling station, and shutoff
valve assemblies that are on the end of the force main are owned,
operated, and maintained by City.
SECTION 2. SERVICE OBLIGATIONS OF CITY
A. City shal��������sufficient wastewater service to the Rancheria for the following
faci�����,��� ���i���� xesidences; (2) existing Win-River Casino Bingo facility,
(�s�������ing Tribal �����s, (4) existing Tribal Head Start facility; (5) existing
�`����1 Community C��t�r; and (6) the proposed Casino Hotel expansion, as
���ined herein. '}
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��b, Total flow of �vastewater to City's facilities shall not exceed 67,000
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: gallons per day, or 12,300,000 gallons per year.
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2. °s�'��,��pos�������io �����trexpansion as covered by this Annex is defined
in the Ma�����'ervice Agr��ent
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3. Interrupt��� of services �,�� occu� when the lift station is taken out of
service �'c�� �nainten,��� or a�; ��`ovided elsewhere in this Annex.
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Additionall�,v;���,����on o� �������� �ay occur if City must take
emergency action t�o stop ����vent any��charge which presents or may
present an imminent d�����to the heal�'�r welfare of humans, which �
reasonably appears ,��t����aten the en�i��men�� or which threatens to
cause interferenc�� ���s �ough, or ���e slt����� contamination in the
City's wastewat�" =���ystetri�% ��t ��� ���nt th���lear Creek Wastewater
Treatment Plant f�were to g�'��=�`i�to� alarm�k �ereby warranting .such
interruption of service, Tribe's contact p����n will b�4���ified of the
pending interruption of wastewater servic� �nd t� ����re�to divert the
Rancheria effluent to the emerge�cy holc���t������icl leach-field disposal
system. � � } �`�
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B. In the event that City is requested to service facilities not described in this
Section, the Parties shall meet and negotiate the terms and conditions of such
request in good faith. Notwithstanding the preceding, City shall not be obligated
to increase services pursuant to the request of Tribe.
C. City, as agent for Tribe, shall perform such technical and administrative duties as
� necessary to protect the City's wastewater treatment system. Examples of such
administrative and technical duties include, but are not limited to, the following:
Annex B—Wastewater Services
Redding Rancheria—City of Redding—Master Service Agreement Page B2
1. Establish a list of appropriate City personnel, phone numbers, email
addresses, and FAX numbers for the designated Tribal personnel to
contact and coordinate all applicable and necessary information pertaining
to inspections, applicable fees for new construction, expansions, or
changes in use for properties within the Rancheria's jurisdictional
boundaries.
2. Conduct industrial user inspections, sample monitoring and analysis,
permitting, and billing as needed.
3. Perform and coordinate any other technical or administrative duties to
tn���4�� ,���n checking of wastewater pretreatment requirements City
�
� �����.��������ate.
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��` % �� Take emergenc��tion to stop or prevent any discharge which presents or
y1U may present a�, ��nminent danger to the health or welfare of humans,
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which reasona����'appears to threaten the environment or which threatens
} ` to cause interference, pass through, or sludge contamination in City's
� � wastewater system.
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SECTION 3. SER"'������.IG�*���`l�'� ��'%��'RIBE
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A. Subject to the ca���tions set fortl��'�°.the Master Service Agreement, Tribe agrees
to discharge w���water and ���`� fees for service in accordance with this
agreement. ' /��
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B. Prior to the issuance or approva� ��:�ny pro�e�� development, conditional use
permit, subdivision, planned d������5ment, buildl����permit, or any other land use
entitled which may result a�'�',���;need for a ��necti�� to City's wastewater
treatment facilities or ma������t�� �n increa�����i'inten����or change of use of the
wastewater system, Trib�����all su'��:���������or cor���nt any such connection,
increase, or change prior to Tribe appr��a�''°of said pr���, permit, or entitlement.
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1. City may charge a reasonable fee to Trib� �`�r �r��������`��any request to
connect to City's wastewater tre�tment s����� �'����increase the intensity
of, or change, an existing use �� ``�`�
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C. Tribe will cooperate with City in establishing effective procedures between
Rancheria staff and City regarding implementation of the terms of the Master
Service�Agreement. To implement such procedures, Tribe will:
1. Establish and maintain a list of phone numbers, email addresses, and
FAX numbers of personnel assigned the responsibility of working with
designated City personnel for the purpose of fulfilling the Master Service
Agreement.
Annex B—Wastewater Services
Redding Rancheria—City of Redding—Master Service Agreement Page B3
2. Develop timely internal Tribal procedures to identify and provide
notification to City of applicable intra-agency projects.
3. Establish acceptable and timely procedures, as applicable, for intra-agency
integration of City pretreatment requirements, City wastewater connection
fees, flow monitoring data, and other applicable charges adopted by the
City Council and Tribe.
4. Notify the City of new or changed operations that may impact the quality
or quantity of wastewater.
D. Tribe, a����+���st of City, shall cooperate in the production and preparation of
peri���t������ ����sted by City pertaining to this Annex, and Tribe hereby
a�����o maintam a��� ���ords relating to this Annex and shall make such records
���ediately available���ity for its purposes.
SECTION 4� �,FGULATORY CO��'LIANCE AND�ENFORCEMENT
A. `I�`��uvithstanding any other provisions of the Master Service Agreement and this
A����� �� ����,�ral C��� ;��,���r Act, as amended, and the California Regional
Water'�������` �o���� �i�artl ���,�irements, as amended, cannot be waived by
, City and, should ����`conflict oc���with other provisions of this Agreement, all
such state and f���al laws shall ;����1 precedence over all other provisions of the
Master Service ��ement and t���nnex ,
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L The Parties��+���� �������`and,��'���� ���� ,�greement to ensure compliance
with state and federal stat����regulati���
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B. Prohibited discharges inc���� �astes origir��i���g fr�t�n trucked or pumped
operations, including, b�;�����t ��ited to, ������ tar�� �r sand, oil or grease
interceptor wastes, or a���vaste �� ��,��f��fi�ie jur����tional boundaries of the
Rancheria. Tribe shall not permit ai��`�uch wast� ��� enter Cit�'s wastewater
treatment system. '� '
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C. Other prohibited wastes include any p�llutant��� ������� ��ause pass through or �
interference with the City's wastev�����' ��������� system. The following
pollutants shall not be introduced into t�i���'CTV�or processed or stored in such a
manner that they could be discharged to the POTW:
1. Any wastewater containing pollutants, including oxygen demanding
pollutants (BOD, etc.), released in a discharge at a flow rate and/or
pollutant concentration which, either singly or by interaction with other
. pollutants, will cause interference with either the POTW, or any
wastewater treatment or sludge process, or which will constitute a hazard
to humans or animals.
Annex B—Wastewater Services
Redding Rancheria—City of Redding—Master Service Agreement Page B4
2. Any substances having a temperature greater than one hundred fifty (150)
degrees Fahrenheit, or any substance that causes the temperature at the
POTW to exceed one hundred four(104) degrees Fahrenheit.
3. Any pollutant or other product which, by reason of its nature or quantity,
may cause a fire or explosion hazard in the POTW, including, but not
limited to, waste streams with a closed-cup flashpoint of less than one
hundred forty (140) degrees Fahrenheit or sixty (60) degrees Centigrade
using the test methods specified in 40 CFR 261.21 or that may in any way
be injurious to human life or the POTW.
4. ��� `�����ater with a pH equal to or less than 6.8 and any wastewater
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%` ���Yi a��T� � ��to or reater than 12.0.
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:�� ,""' Any solid or ' �iscous pollutants in amounts which, individually,
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i cumulatively, �;��� combination with other wastes, will cause obstruction
_ ��� to the flow in t���s�'OTW,resulting in interference.
� � � Coolin�� water or �ther wastes sufficiently clean to be disposed of as
��������er ir��������,��� storm drains or natural outlets for such waters
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7. Any p����tant, inclu����� but not limited to, petroleum oil,
nonbiode��able cutt��� �il, o�,���ducts of mineral oil in a sufficient
quantity to����������r int������4����the POTW.
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8. Any pollutant in a suffic,�����juantity to ��i��through the POTW and harm
persons, livestock, or����iig plants util���ig the treated wastewaters.
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9. Stormwater, unc���'uninaf�� ���������r, or����ce water.
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10. Any pollutant which results in the presence����oxic �������flrs, ar
fumes within the POTW in a quantity that���c�����{"�icute worker
health and safety problems '
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11. Any transported or hauled po����ants, except at discharge points
designated by the City. .
12. Except where expressly authorized to do so by an applicable pretreatment
requirement, Tribe shall not increase the use of process water, or in any
other way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with a pretreatment
requirement.
Annex B—Wastewater Services
Redding Rancheria—City of Redding—Master Service Agreement Page B5
13. Any wastewater that imparts color which cannot be removed by the
treatment process (such as, but not limited to, dye wastes and vegetable
tanning solutions) and consequently imparts color to the treatment plant
effluent, thereby violating the City's NPDES permit. Color in combination
with turbidity shall not cause the treatment plant effluent to reduce the
depth of the compensation point for photosynthetic activity by more than
ten(10)percent from the seasonably established norm for aquatic life.
14. Any wastewater containing any radioactive wastes or isotopes, except as
specifically approved by the City in compliance with applicable state or
federal regulations.
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15 �� ���(�'mec�i�� ��ste in a manner or quantity which is inconsistent with the
' � �'�`objectives o�',��'�treatment requirements, this chapter, or any statute,
regulation, rul����dmance, or guidelines established by any public agency
� , '''` having jurisdic�,�t�over said discharges.
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��, Any wastewater causing the treatment plant's effluent to fail a toxicity
:, test
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17. ��Ariy`���;was��� �,�ontaming ��etergents, surface active agents, or other
substanc����ich may cau��+excessive foaming in the.POTW.
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, 18. Any disc���e of fats� ��; or ����es of animal or vegetable origin in
excess of t��� ���,������00) �����,� �ny discharge of oils and greases
of mineral or p����'��m ori�����exces�`����ne hundred (100) mg/1.
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19. Noxious or malodor�������yids, gases, ��'���s, or other wastewater which,
either sin 1 or b � �"`
g y � ����a����n with ot.���'�vaste��'�e sufficient to create a
public nuisance ��`�'�aza�i��� �������'��°��prev���ntry into the�sewers for
maintenance or repair. ` } 5 �
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20. Wastewater that does not meet locally der���� c������`�`�`�imitations.
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D. Tribe may develop Best Management ������� ���'�'s) to implement local limits
and the aforementioned prohibited discli��+�s:""
E. In addition to the indemnity obligations set forth in the Master Service
Agreement, Tribe shall defend, hold harmless, and indemnify City from and
against any action taken by state or federal authorities where the subject matter of
said action is a discharge or sanitary sewer overflow (SSO) that originates from
within the jurisdictional boundaries of the Rancheria or the Rancheria-maintained
sewer system between the Rancheria and the Clear Creek Wastewater Treatment
Plant.
Annex B—Wastewater Services
Redding Rancheria—City of Redding—Master Service Agreement Page B6
SECTION 5. CHARGES AND PAYMENTS
A. On behalf of all wastewater users on the Rancheria, Tribe shall pay to City when
due all applicable wastewater connection fees, capacity charges, monthly service
charges and any other fees, charges, and fines in accordance with City's approved
schedule of fees and charges, as adopted from time to time by the City Council.
B. Tribe shall maintain a service contract with City's Utility Customer Services. All
utility services procured through the Master Service Agreement shall be combined
into one billing. The service contract established with Utility Customer Services
shall b�,����� �� an authorized representative of Tribe, and Tribe will be the
part��'���'�������'���yment and shall make any required deposits.
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C. ����'" shall read the �i�ter meter monthly and invoice the Tribe based on
„��sehold equivalents '�`�lized as determined by the magnetic flow meter and
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��mpler installed at th���ear Creek Plant Headworks Facility and City laboratory
51��lysis of billing pollutants.
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l.'i ������ncies �� ����t shall be determined in accordance with billing
'�������� and������es ��� applicable by Utility Customer Services to all
City custc�����.
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2. Tribe sh���ie subject to ���►inatio� of service for delinquencies under the
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same terr'�� �nd con��'���s th�� �� made applicable to all other City
customers. � ' ` ��� ' �} � �
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3. City shall restore serv��� ��nly upon p�;�ent in full of all delinquent
amounts and recon������ fees due ��' �any ,�tility service procured
tkrough City. ����� ��a��' not tern������` was���ater service except as
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permitted as a re���y in S'�����,:���'�e��Mast��r�ervice Agreement.
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Annex B—Wastewater Services
Redding Rancheria—City of Redding—Master Service Agreement Page B7