HomeMy WebLinkAbout _ 4.1(c)--Approve and Authorize the Mayor to Sign the Master Service Agreement with the Redding Ranche GI �" Y C� F
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REPORT TO THE CITY COUNCIL
MEETING DATE: October 7, 2025 FROM: Steve Bade, Interim City
ITEM NO. 4.1(c) Manager
***APPROVED BY***
sbade@cityofredding.org
t��re a �, 7�t 14i�/242�
sbade@cityofredding.org
SUBJECT: 4.1(c)--Approval of the Master Service Agreement and Distribution Utility
Services Agreement with the Redding Rancheria
Recommendation
Authorize and approve the following actions with the Tribal Council of the Redding Rancheria:
(1) Authorize the Mayor to sign the Master Service Agreement with the Tribal Council of the
Redding Rancheria;
(2) Authorize the Mayor to sign the Distribution Utility Services Agreement (DUSA) with
the Redding Rancheria Utility Corporation (RRUCO); and
(3) Make a determination this action is exempt from review under the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3)- Common Sense
Exemption.
Fiscal Impact
The Master Service Agreement (MSA) with the Tribal Council of the Redding Rancheria
(Redding Rancheria)provides fiscal contributions to the City of Redding (City), as follows:
(1) A one-time payment to the General Fund in the amount of $3,250,000 for the I�ealth.
Village project. This amount is the equivalent to the City's non-utility impact fees for
comparable development. The City Council (Council) will have flexibility in how the
funding is used per the terms of the agreement;
(2) An annual $100,000 service impact offset payment, paid quarterly in $25,000
installments to the General Fund. Last fiscal year the tribe paid $126,824, which had been
increased by inflation from the prior contract terms.
(3) A one-time payment of $601,000 to reimburse the City for water and wastewater
connection impact fees; and
(4) Standard Rates will be charged for the City's Water, Wastewater and Solid Waste
Utilities.
The Distribution Utility Services Agreement (DUSA) provides that the Redding Rancheria,
through Redding Rancheria Utility Corporation (RRUCO), will pay standard City utility rates for
electric service, in accordance with applicable Council Policy and the Redding Municipal Code.
Report to Redding City Council October2,2025
Re: 4.1(c)--Approve and Authorize the Mayor to Sign the Master Service Agreement with the
Redding Ranche Page 2
Alternative Action
The Council could choose not to approve one or both agreements and provide alternate direction
to staff.
Background/Analysis
On February 4, 2025, Council approved and issued a "Will Serve" letter to the Redding
Rancheria and RRUCO agreeing to provide utility service to the new Health Village, currently
under construction. The I�ealth Village wi11 be a benefit to Tribal melnbers and the community at
large. The City's Electric Utility and Public Works Departments have reviewed the project's
demands and have determined that the City has the capacity to serve. The utility service is
subject to execution of agreements which are the subject of this staff report. The two agreements
are summarized below:
Master Service Agreement (MSA�
The MSA establishes a 25-year framework for the provision of City water, wastewater, and solid
waste services to the Redding Rancheria Tribal Lands. Key elements include:
• Maintaining compatibility with state and federal regulatory requirements, incl�uding Clean
Water Act discharge standards.
• Providing indemnification, insurance, and security requirements to protect City
operations.
• An annual $100,000 payment by the Redding Rancheria to offset City service impacts.
This obligation ceases if the Redding Rancheria relocates the Win-River Casino and
Hotel to the Strawberry Fields property.
Distribution Utility Services Agreement (DUSA�
The DUSA, also structured as a 25-year agreement, governs electric service provision between
the City's Electric Utility and RRUCO. Key elements incl�ude:
� Service delivery at two master meter interconnection points identified in the agreement.
� Monthly metering, billing, and reporting by the City, with responsibility for sub-meter
operations and collections retained by RRUCO.
� City provision of service restaration and construction services upon request, billed at
standard labor and material rates.
• Requirements �or RRUCO to maintain its distribution facilities in accordance with City
and industry standards, including compliance with the National Electric Code and
California Public Utility Commission General Orders.
• Standard City fees, late payment penalties, and collection procedures applying to the
Rancheria's utility accounts.
Together, these two agreements ensure that the Redding Rancheria will continue to receive
reliable municipal services in a manner consistent with City policy, while providing equitable
financial contributions to offset service impacts.
Report to Redding City Council October2,2025
Re: 4.1(c)--Approve and Authorize the Mayor to Sign the Master Service Agreement with the
Redding Ranche Page 3
Environmental Review
Staff has reviewed the action and determined it is exempt from review under the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) — Common Sense
Exemption. CEQA applies only to projects which have the potential for causing a significant
effect on the environment. The existing Master Service Agreement will be replaced with a new
Master Service Agreement (attached) that expands existing utility services (water and waste
water) and adds new solid waste service to the Redding Rancheria's facilities, including the
Redding Rancheria Tribal Health Village. It can be seen with certainty that there is no possibility
that the activity may have a significant effect on the environment.
Council PNio�^ity/City Manager Goals
• This is a routine operational item.
Attachments
^020525 Will Serve Letter - Redding Rancheria Health Village
020425 Staff Report - Will Serve Letter
REU Agreement with Redding Rancheria Utility Distribution Utility Services Agreement
COR and Redding Rancheria Master Service Agreement
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February 5, 2025
Tracy Edwards, Chief Executive Officer
Redding Rancheria
2000 Redding Rancheria Road
Redding, CA 96001
Re: Will Serve Lette�for Electric, Water, and Wastewate�Se�vices foN the Tribal Health Village
Dear Ms. Edwards,
This letter serves to confirm the City of Redding's (City) commitment to providing electric, water, and
wastewater services to :Redding Rancheria for the soon-to-be-constructed Tribal Health Village "project,"
located on Redding Rancheria Road.
After reviewing the project scope and proposed development, the City of Redding Electric, Water, and
Wastewater Utility Departments have determined that services can be made available to the site for the
project. The City will provide the necessary services upon completion of all required application
processes, agreements, and compliance with appropriate standards.
1. Electric Service
The City of Redding Electric Utility will be able to provide electrical service to the project, subject to the
usual requirements and procedures for electrical service connection. The existing Distribution Utility
Services Agreement between the City and the Redding Rancheria Utility Corporation will be amended to
reflect the additional service location and other necessary modifications.
2. Water Service
The City of Redding Water Utility will be able to provide water service to the project, subject to the usual
requirements and procedures for water service connection. The existing Master Services Agreement,
including any attachments/amendments between the City and the Tribal Council of the Redding
Rancheria, will be amended to reflect the additional service location and other necessary modifications.
3. Wastewater Service
The City of Redding Wastewater Utility will be able to provide wastewater services to the project, subject
to the usual requirements and procedures for wastewater service connection in compliance with the City's
wastewater treatment and discharge requirements. The existing Master Services Agreement, including any
attachments/amendments between the City and the Tribal Council of the Redding Rancheria, will be
amended to reflect the additional service location and other necessary modifications.
Please note that this Will Serve letter is based on the current plans and conditions, as presented. Should
the scope of the project change, or should any issues arise during the review process, the City may need to
revisit and modify the service provisions.
City of Redding February 5,2025
Will Serve Letter for Redding Rancheria's Tribal Health Village Page 2 of 2
The City of Redding is committed to assisting the Redding Rancheria throughout the process to ensure the
successful provision of services for the construction and operation of the Tribal Health Village. We look
forward to working with you to complete this important project.
If you have any questions or require further information,please contact my office at 530-225-4060 or via
email at btippin@cityofredding.org.
Sincerely,
�����`��' ~��� �:�
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Barry Tippin
City Manager
City of Redding
cc: Nicholas Zettel, Redding Electric Utility Director, City of Redding
Michael Webb, Public Works Director, City of Redding
GI �" Y C� F
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REPORT TO TI�E CITY COUNCIL
MEETING DATE: February 4, 2025 FROM: Barry Tippin, City Manager
ITEM NO. 4.1(a)
***APPROVED BY***
btippin@cityofredding.org
ry ippin,Ci an •e 1��30/2025
btippin@cityofredding.org
SUBJECT: 4.1(a)--Authorize the City Manager to Issue and Sign a "Will Serve" Letter to the
Reddin Rancheria for Utility Services to the Health Villa e
Recommendation
Authorize the City Manager to sign a City of Redding utility "will serve" letter to the Redding
Rancheria for utility services to its planned Health Village adjacent to the current Redding
Rancheria Tribal offices along C1ear Creek.
Fiscal Impact
There is no fiscal impact with the issuance of a"will serve"letter.
Alternative Action
The City Council could choose to not issue a "will serve" letter for the proposed project or
provide alternate direction to staff.
Background/Analysis
The Redding Rancheria is proposing construction of a Health Village across Clear Creek from its
Tribal Of�ces. The Health Village will be a tremendous benefit to Tribal members and the
community. The City's Electric Utility and Public Works Departments have reviewed the
project's demands and have determined that the City has the capacity to serve it. The utility
serviee is subject to execution of agreements which will be negotiated and brought back to the
Council for consideration.
Environmental Review
This item is not a project as defined under the California Environmental Quality Act, and no
further action is required.
Report to Redding City Council January 30,2025
Re: 4.1(a)--Authorize the City Manager to Issue and Sign a Will Serve"Letter to the Redding
Rancheria Page 2
Council Pr�io�^ity/City Manager Goals
� Communication and Transparency — "Improve the quality of communication with the
public and City employees to enhance knowledge and increase transparency to improve
public trust."
Attachments
^Redding Rancheria Tribal Health Village Will Serve Letter
CIT�' �F REDDI1�iG ELECTRIC UTILITY- DI)ING NGHERIA iTTILITY
+CCIRPOTtATI+DN DISTRIBUTION UTILIT�'SE�2"VICES AGREEMENT
THIS DISTRIBUTION UTILITY SERVICES AGI�EEMENT, dated as of the day of
, 2025 (effective date) and is entered, by and between:
A. The City of Redding(hereinafter referred to as "City'' or"Redding") Califarnia, a general
law city organized and existing under the laws of the State of �alifornia, having its
principal place of business located�.t 777 Cypress Avenue,Redding, California; and
B. The Redding Rancheria Utility Corporation ("RRUCO°'), R�dding Rancheria Economic
Development Corporationys {"RREDCO") locally owned utility distribution corporation,
both Federally chartered Section 1? tribal corporations, having its principal place af
business located at 2000 Redding Rancheria Road, Redding, California.
Redding and iZIZUCO are hereinafter referred ta individually as Party or collectively as tlie;Parties.
Where�s.
A. The Tribe (hereinafter referred to as "Rancheria'' or "Tribe") is a federally recognized
indian Tribe governed by a seven-member tribal council, exercising savereign �c�wers of
self-government c�ver the Rancheria land and its people.
B. Redding is a general law rnunicipal corporation organiz�d and existing under tlle laws of
the State of California and is a provider c�f a broad range of services to its resident�.
G. The Tribe and the City are adjacent to each other.
D. The Tribe is within the Redding sphere of influence as adopted by the Shasta Caunty Lo�al
Ag�ncy Farmation Commis�ian.
E. Redding awns and �perates a reliable eiectric utility �ystem as an enterprise aperation for
the benefit af tiie citizens of Redding.
F. Qn July 13; 1995 the Redding City C�uncil adopted resolution 95-163 appra�ing entering
into a "Services, Development, �nd Government-to-Government Agreement"allawing the
extension and supply of water and ather miinicipa� services to the Rancheria as long as
development complies with basic construction standards and does not adversely irnpact the
City and its residents.
G. On June 4, 2010, the Parties executed a Distributian Utility Services Agreement (City af
Redding Coritract Number C-5347} that descrihed one {I) physicai �roint of
interconnection; identified the utility services provided; and definec� the c�wnership,
operation, and main�enance af the associated facilities, and, e�tablished compensati�n for
the services rendered und�r the terms of C-5347,
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H. The Tribe wishes to build a new Tribal Health Village that will require a second physical
point af interconnectian in addition ta the existing point of interconnection_
I. The Parties wish to execute a new contract, superseding C-5347, ta describe all physical
points of intercc�nnection and make curr�nt the utility services provided, the �wnership,
operation, and maintenance of the associated facilities and the compensation for the
services rendered under the terms in this Contract.
SECTION 1. DEFINITIONS
A. ``Agreemellt" shall be synonymaus with tlie term, "Contract," a11d shall mear� this
document for distribution utility services.
B. "Bill" shall mean an invoice for utility services, fees, penaltie�, and charges rendered by
the City mailed ta the RRUCCJ.
C. "Bankruptcy Proceeding" means with respect to a Farty or entity, [any instance in which]
such Party or entity(i} makes an assignment or any general arrangement for the benefit of
creditors, (ii) file� a petition or otherwise comrnences, authorizes ar acquiesces in the
cornmencement of a proceeding or cause of action under any bankruptcy c�r similar law for
the protecti�n of creditors, or has such petition filed against it, {iii) otherwise becomes
bankrupt ur insolv�nt (however evidenced) or (iv) is unable to pay its debts as they fall
due.
D. "Distribution System"shall mean all power distribution facilities,now or hereafter owned,
leased, or otherwise used by the RRUCO for�roviding electric service on Tribal Iands in
and around Redding, California.
E. °'Farce Majeure°' means any caL�se beyand the cantrol of the Party affected including, b�t
not restricted to, failure of or threat af failnre c�f facilities, flood; earthquake9 storm; fire,
lightning, epidemic, war, riot, civil disturl�ailce or disobedience; labor dispute, labor or
nlaterial shortage, sabotage, restraint by court ordex or public authority and action or
non-action by; or failure ta obtain the necessary autharizations or approval� from, any
govemment agency or authority,which by e�ercise of d�ie diligence stich Party could not
reasanably have been expected ta avaid and which by exercise of due diligence it sha11 be
unable to overcome.
F. ``Sub-Meter Register Read"shall mean the kilowatt hour reading obtained by the City from
a variety of kilc�watt hc�ur meters installed throughout the RRUCO service area.
SECTIC.IN 2. SCCIPE OF A+GREEMElVT
The City will provide the RRUC�,subject to the current terms and conditions set forth in Redding
Gity Cc�uncil P�licy and Ivlunicipal Code as may be modified from time-to-time by the City
Gouncil;
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A. Electric service to the two RRU�O master meter intercannection points ("Paint-of-
I?elivery") locations as identified in Annex A, attached hereto and incorpt�rated herein.
B. Provide monthly meter reads to the RRUCQ for a variety of sub-meters installed
throughout the RRUCO's distribution systern;
C. Provide service rest�ration services on the RRUCI`�'s distribution system as requested by
the RRUCO; and;
D: Provide utility construction services for the RRUCO's distribution system as requested by
the R1ZUC0.
E. Supply energy per in accordance with the Character of Service anc� Electrical Service
Requirements autlined in Annex B, attached hereto and incozparated he�rein.
S�CTION 3.SILLING SEItVICES
A. All bills for electric services rendered by the City shail be mailed to the RRUCt7 once a
n�onth and monthly, a typical billing period will not be less than 27 days or greater than�3
days.
B. All bills for service restoratian sel:vices rendered by the City shall be mailed to the RRUCO
within twenty bLisiness days after services rendered.
C. All bilis for c�nstruction services rendered by the City shall be mailed to the RRUCO prior
ta the start of any construetion.
D. Ail�ills rendered for electxic and/or service restoration service, ifunpaid twenty days after
date of mailing,shall becorne and be deemed delinquent. All bills rendered for canstructian
services shall become null and void, and all requested/scheduled work shall be cancell�d
if unpaid after six nzonths of date of mailing:
E. The procedure for the collection of delinquent utility account� sha11 be in a manner
consistent with the mast currently approved revision af City Council 1'olicy 1402
(Collectian of Delinquent tJtility Accoimts). The penalty for Failang to comply with this
provision shall be the immediate discontinuance a�utility service until such time as the
entire account due and payable h�s been paid in fiill.
F. The procedure for the callection of Late Fees and Utility Lleposits sha11 be in a manner
consistent with the most clirrently approved t:evision of City Cr�uncil Policy 1404 (Late
Fees and Utility Deposits),
G. Monthly register reading of sub-rneters located thrc�ughc�ut the RRU�t�'s distribution
system will be cornpleted by the City. Such readings will be provided to the RRUCQ with
their mo�thly billing.
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1. The City will not calc�,ilate bills far the RRUCO customers who are sub-metered.
2; The City will not be responsible for the credit and collections of utility accounts for
the R12UC(7 custamers who �re sub-metered.
H. All Electricity provided to RRUCO will be metered at the individual points of
intercannection, each with a meter that shall be owned and rnaintained by the City.
I. Sub-meters located thraughout RRUC4's di�tributi�n system will be installed by the �ity
at which point they will become the property of RRUC(7.
1, Meters installed by the City will be af the appropriat�type and rating for the service
installation.
SECTI(}N 4. NOTI�ES AND II�EMANDS
A. All natices and demands giv�n by the City will be in writing and be deemed to have been
duly given c�n the date:
1. Delivered in person.
2, Five (5) Business I7ays after being mailed by the United States Postal Service via
First Class mail c�r upon the return receipt f�r notices/demands sent pastage piepaid
by the United States Postal Service via Certified Mail, R:eturn Receipt Requested.
3. Sent by facsimile transmission ta the recipient's facsimile machine, provided that
the receiving machine delivers confirmation to the sender and receipt is verified by
telephone, with an extra copy irnmediately following by first-class mail.
B. The notice process shall be in a manner consistent with the most currently approved
revision o�City Council Policy 1402 (Collection of Delinqi.ient Utility Accor�ints).
SECTI(7�N 5. RRUCO'S OBLIGATIOl�TS
A. The RRUCO agrees to construct, operate, and maintain its power rlistribution system in a
manner that wi11 not interfeie with the operati�n c�fthe City's electric system.The RRU�O
further agrees to design, build, operate, and maintain its electric distribution per the
requirements in Annex B and at a standard equal to or better than the National Electric
Code and the Cali�'ornia Public Utilitzes Commission General Orders (GU} �5, and 128.
The RRUC{J further understands, acknowiedges, and agrees that it is aware of the hazard�
in high-voltage electric lines and hereby a�sumes full responsibility at all times for the
adoption and use of necessary safety measui:es required to prevent acci�ental hann to
personnel engaged in the construction, inspection, testin�, operation, and maintenance af
its distribution facilities.
B. City reserves the right to refuse to serve new RRLTCO cornplex laads or to ccantinue to
supply existing RRUCO comple� loads of a size or characte:r that may be detrimental to
City's operatians or to the service of its customers. If the RRUCC? aperates or plans to
operate any equipment such as, but not li�nited to; punlps, we�ders; sawmill apparatus;
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furnaces, compressors, ar other equipment where the use of electricity is intermittent;
causes intolerable voltage fluctuations,or atherwise causes intolerable service interference;
R.RUCf�rnust reas�nably lirnit such interference or restrict the use of strch eq��ipment upon
request by the City, The RRUCO is required either, to provide and pay for whatever
corrective measureS are necessary to limit the interference to a level established by the City
as reasonable; or avoid the use caf sueh equipment, whether or not the equipment has
previously caused interference.
C. The RRUCQ shall not operate equipment that superimpases a current of any frequency or
wave forrn upon the City's system, or draws cLirrent from City's system of a harmful wave
form; which causes interference with the City's operations, or the service to other
customers, or inductive interference to camnlunication facilities.
I�. If the RRUCO caiises service interference with others, it must dilzgently pursue and take
timely corrective action after being given notice and a reasanable time to da so by the City.
If the RRUCO does nat take timely carrective actian,or continues to operate the equipment
causing the interference without restriction or lirnit, the City may, without liability, after
giving five days' written notice to the 1ZRUCO, either install and activate cc�ntrol devices
on its faci�ities tllat will temporarily prevent the detrimental operation, or dis�ontinue
electric service until a suitable permanent solution is provided and placed in service by the
RRUCO.
E. RRUCO will cooperat� with the City to the fullest extent possible to facilitate the
provisioning of services described in Section 5 herein. Such coc�peration will include, but
not be limited tcr, the following:
l, Supplying the City with all technical information and assistance that may be
reasonably necessary or helpful in providing sexvices, as determined by the City.
2. Providing unobstructed ingress and egress to and from all meter installatians for
the purpose of:
a. Qbtaining monthly or on-demand meter reads.
b. Inspectian,testing, and replacenlent of ineters at RRUCO's request.
SECTIQN 6. SCHEDULE C1F FEES
A. The monthly collection of sub-meter kilowatt-hour readings within R1�.U�0's service area:
l. There wi11 be no charge to callect th�manthly sub-meter reads when they coincide
with the City's scheduled master meter read date:
2. There �vill be a per meter charge and a trip charge for the callection af sub-meter
reads outside of the City's scheduled read date in accordance with the curret,t"City
of Redding Schedule t�t�f�'ees�cznd Se�-vice �harges: "
B. Emergency, Service Restaration, USA Lacate Service, ar Other Services not defined
s
1. RRUCO may request emergency, service restoration, USA locate service, or other
services not defined for RRUCO's solely owned distribution facilities by cantacting
the City's 24-hour dispatch center at 534��45-7000. The RRUC(� will be billed for
labor and material casts incu�-ed by the Utility ("time and material").
2. Emergency, service restoration, or USA locate service f�r the City's distribution
system shall be at the City's expense.
C. Constructian Services
RRUCCI may r�qctest City ta construct new facilities for the RRUCt� c�n the R.RUCO's
solely owned distri�ution facilities. The ec�nstruction services are optional. The scape and
costs for the prop�sed effort will �e presented by work order and will be valid for six
months. Yayn�ent is required before construction will commence. All bills rendered fc�r
canstructian services shall bec�me null and void, and all requested/scheduled work shall
be cancelled if unpaid after six months of date of mailing. Should the RRUCO delay the
work for more than six months, continuing changes in the City's distribution system may
require modifications to the proposed work prior to actual construction.
SECTION 7. CQNFIDENTIALITY
A. The City shall keep confidential all records related to utility consumptic�n and billing in a
manner cc��sistent with State and Federal privacy laws:
B. Tlle City shaIl keep confidential all recartis related to utility eonsumptian of sub-metered
installations throu;hout RRUCO's distribution system in a rnanner that is consistent with
State and Federal privacy laws.
1. The parties acknowledge that the City has no reasanable means of determining the
validity of any consumption record associated with a meter owned by RRLJCO.
SECTI(}N 8.TE AND TERMINATICIN OF AG EMENT
A. The initial term of this Agreement will begin on the Effective Date and will continue in
fiill force and effect fi�r a period oftwenty-five(25)years(°"Initial Term"j unless terrninated
in accordance with the terms of this Agreement. Eithe r party may terminate this Agreement
by providing written notice of terminat�on to the other party at least one (1) year priar tc�
the desired termination date.
B. This Agreement terminates when one Party (the terminating Party) gives written notice of
termination in the event that the other Party (the defau�ting Party) commits an� Event of
Default as�efined in Section 9 w�ich;if capable of being rern�died,is not remedied within
ten (10) Busines� Days after the terminating Party has given the defaulting Party written
notice�f the default, unies� excused by reasnn of Force MaJe�,ire imder Sectian 13 of this
Gontract.
SECTIQN 9. DEFAULTS AN�? REMEDIES
�
A. An "Event of Defau�t" shall mean witl�respect to a Farty (''Defaulting ParTy"j:
l. Any representation or warranty made by the Defaulting Party herein shall at any
time prove to be false ar misleading in any material respect; or
2. Failure by the Defaulting Partiy tc� perfc�rm any material abli�ation set forth in this
Contract, incl�.rding the legal inability by either party to perform any of the terms;
conditions,oi�covenants required by this Contra�t to be performed,and siich failure
is not excused by Force MajeLtre or cured within ten (10) BLrsiness Days after
written nc�tice thereaf t�the Defaulting Party; or
3. The Defaulting Party shall be s�:ibject to a Bankruptcy Proceeding, receivership or
involuntary assignment.
S. The remedy for each Event of Default set forth abave shall be termination.
SECTION 10. OPFIDRTUNITI'TO CURE
A. Except in the case of a default due to a bankruptcy proceeding, receivership or involuntary
assigninent,the default must be cured(except to the extent provided below�within ten{10)
Business Days after receipt of the Notice of Default: If within the 10-day period described
in the preceding sentence, th� defaulting Party cures the defat�it, or if the failure is one
(other than the failure ta make payments or tQ past credit supportj that cannot in good faith
be corrected within such period and the defaulting Party begins to correct the default within
the applicable period and continues corrective efforts with reasonable diligence until a cure
is effected, the Notice of I7efault sha11 be ino�erative; and the defaulting Party shall lose
no rights under this Contract; provided; hawever, that such extended cu�e periad shall not
exceed 9a days after reeeipt of the Notice af Default. If; within the specified applicable
periods,the defaulting Party does not cure the default as provided above,the non-defaulting
Party may exercise the remedies contemplated by Sec�zon 9.
SECTIOI�111. D►�SPUTE SO►LUTIQN
A, An� controversy, dispute, or claim arising aut of or related to the interpretatic�n of this
Contract �r transactians hereunder shall first be submitted tQ the Authorized
Representatives for resc�I�itian. If"the Authorized Representatives are unable to resolve the
dispute within thr�e months, such dispute shall be forwarded to the Parties' appropriate
respective Electric Management{"Executives"), wha shall confer within 3� days (oi such
other period of time as agreed upon by the Executives) to attempt to resolve the dispute.
Any resolution mutually agreed upon by the Executives shali be binding upon each Party
to this Contract. The aggrieved Party may call for binding arbitration if the Executives
cannot resolve the dispute within 30 days after their initial conference(ar within such other
periad of time mutually agreed upon by the Executives}. If the other Party consents to
binding arbitratidn�n writing within 10 calendar days of receipt of the aggrieved Party's
written ca11 for binding ai�bitration, such arbitratic�n sha�1 be conducted in accardance with
the arbitratian provisions af the California Cc�de of Civii Procedures beginnin� with
a
Section 1280. Th�Parties shall select a neutral arbitrator who shall have experience in the
electric uti3ity industry. If the Parties cannot agree upan a neutral arbitrator, one shall he
selected by the Superior Court for the County of Shasta pursuant to Code of Civil Procedure
Section 1281.6. The Parties agree to accept the arbitrator°s award as finai and binding upc�n
them and that judgment upon the awazd may be entered in a court with jurisdiction.
B. In the event t�f dispute under this Colltraet,the Parties shall meet and confer in a go�d faith
effort to resalve such dispute. The Parties retain all legal remedies in the event disputes are
notreso�ved.
SECTION 12. REPRESENTATIaNS AND WA NTIES
A. Each Party represents and warraants that the executic�n, delivery and performance of this
Contract by it has been duly authorized by all necessary corporate and/or governmental
actions,to the extent authorized by law:
B: Each Party represents that all necessary leases; approvals, licens�s, permits, easements,
rights c�f way or access to install, c�wn and/or operate its facilities subject to this Contract
l�ave been or will be obtained prior to the effective date of this Contract.
SECTIQN 13. FQ►RCE MAJEURE
A. If either Party is rendered unable by Force Majeure to carr� out, in whole or part, its
obligations under this Contract and such Party gives notice and full details of the event to
the other Farky as saan as practicable,then during tl�e pendency+�f such Force Majeure but
f�r no longer period, the obligations of the Party affected by the event (other than th�
c�bligation to make payments then due or beeoming due with respect to performance prior
ta the event) shall l�e suspended to the extent required. The Party affected by the Force
Majeure shall remedy the Farce Majeure with all reasonable dispatch;provided, however;
that this pravision shall not require the City to deliver, or the Rancheria ta receive energy
at points other than the Point of Delivery.The Party claiming Force Maj eure(the"Claiming
Party")shall pr4vide,in writing,the ndn-claiming Party notice of the Claiming Party's best
estimate c�fthe duration ofthe Porce Majei.ire.
SEC'I'ION 14. N4TI�CE
A. Whenever i3otice, payment or other cammunication is required ar permitted �nder this
Contract, it shall be deemed to have been given and received when personally delivered�r
when deposiied in the United�'tates mail w�th proper first-class postage affixed thereto and
addressed as follaws;
RRUCO City
s
c/o RREDC{) Electric Utility Director
2000 Rancheria Raad Cit;y of Redding
Redding, CA 960Q1 3611 Avtech Parkway
Redding, CA 96002
lB. Either Party may change the address to which notice shall be given by providing notice of
the address change as provided in this section.
SECTION 15.MQDIFICATIQN f�►F CONT �CT
A. Either Party may, from time to time, request changes in the terms of this Contract. Such
changes if mutually agreed upon, mllst be incorporated in written amendrnents t� this
�ontract which have been appraved in the same manner as the original contract. No other
purpoY-ted change in the terms of this Contract shall be effective or binding on the I'arties.
SECTION 16. SEVERABILITY
A. If any term, covenant, or condition of this Contract or the application or effect of any such
t�rm, covenant; or condition is held invalid as to �ny person, entity, or circumstance, c�r is
determined tQ be unjust, unreasonable, unlawful, imprudent, or otherwise not in the public
interest by any cat�rt or gav�rnment agency of cc�mpetent jurisdictian, then such term,
covenant, or condition shall remain in force a11d �ffect to the maxirnum extent permitted
by la�7v,and all other terms, covenants, and conditions of this Contraet and their application
shall not be affected thereby, but shall remain in force and effect and the Parties shall be
relieved c�f their obligations only to the extent necessary to eliminate such xegulatory ar
�ther determination unless a court or governmental agency of competent jurisdiction holds
that such provisions are not separable frorn all other provisions af this Contract.
SECTION 17. �VAIVER
A. Any waiver at any t°rme by either Party of its ri��ts with respect to any default under this
Contract, ar with respect to any ather matter arising in connection with this Contract, shall
nat constihite or be deemed a waiver with respect ta any subsequent defatilt or oth�r matter
arising in connection with this Contract, nor shall any waiver constitute a continLiing
waiver. No waiver shall be binding unless executed in writing by the party rnaking the
waiver. Any delay, short of the statutory p�riod of limitations, in asserting or enforcing any
rigl�t under this Contract shall not constitute or be deemed a waiver of such right:
S�CTICIN 18. CQi7NTE12PARTS
A. Th�s Contract may be executed"rn c�ne or more countetparts at different times,each ofwhich
shall be regarded as an r�riginal and all of which, taken together, shall constitute one and
the same Contract,
SECTION 19. T NSFE BILIT"�/ASSIGNMENT
q
A. This Contract is not transferable to another party. It cannot be sold, transferred, leased,
assigned, c�r disposed c�f, including, but not limited to, fo�ced or voluntary sale; merger
cansalidation; receivership, or other means without the prior consent of the City and then
under such conditions as the City may establish to ensure continued service throughout the
Rancheria and proper use of City services. F'urther,neither Party may assign its obligations
under this Contract.
B. The Tribe shall promptly notify the City of any actual or proposed ehange in the sovereign
structure of the Rancheria under federal statute or treaty on the right of the Tribe to manage
praperties �ithin the Rancheria and any restriction af the rights of the Tribe ta adopt laws
for or enter agreements an behalf c�f the Rancheria, its residents; and property owners.
C, This Contract only pertains to Tribal lands c�f or owned by the Rancheria and does not
convey any ribht for the Tribe to operate ar maintain any electrical service outside the
boundaries of Tribal lands nor to resell e�ectric energy to any party ather t3ian within those
boundaries as it exists on the effective date of this Contract,
SECTICIN 20. CC3NSISTENCY WITH LAW
A. If a law or regulation is passed by a body or agency having lawful jurisdiction that prohibits
a party fro�n perfornling under this Gontract, the �ffected P'arty shall notify the other Party
as soon as possible following knowledge thereof. Nothing in this Contract shall compel
either Party to violate government statutes or regulations, or c�rders lawfully promulgatec�
there under. If any provisian of this Contract is incansistent with any c�bligation imposed
on a Party by such governrnent statute, regulatian or order, to that extenta it shall be
inapplicable to that party. No Party shall ineur any liability by failing to comply with a
provision of this Agreernent that is inappiicable to it by reason af being inconsistent with
any si�ch government statLrtes, reglilatians, or orders lawfully promulgated there under.
Any pro�ision declared c�r rendered unlawfiil by any appl�cable court of law ar regulatory
agency or deemed unlawful because of a statutory change will not otherwise affect the
remaining lawFul obligatians that arise under this Contract, and pro�ided further in this
event the Parties shall Ltse their best efforts ta reforrn this Contract in order to give effect
to the original intention of the P"arties.
B. 1f a material provision c�fthis Contract is affected by any subsequent action ofthe State or
Federal Gc��ernment, the parties; upon rnutual consent, shall have the right to continue to
give or receive servic�s to ensure publie health or safety.
SECTION 21. RESERVr�TION OF LEGISLATIVE AUTHORZTY
A. The ent�ring into the Contract by the City and Tribe shall not constitute a wa'rver or bar to
the exercise of an� gt�vernment right or power of the City or Tri�e except as p�ovided
herein.
SECTI011T 22. LIMITATIQl`�T OF LIA�ILITIT AND INDEMNITY
�o
A_ Ta the fullest extent permitted by applicable law, Redding agrees to indemnify, defend,
and hold harmless RRL7CU against any and all losses, damages, expense� (including
reasonable legal and ather fees and expenses), liabilities ar claims (ar actions rn respect
thereo� to which RRUCQ may became subject under any federal or state law or other
statutory law or at common law or otherwi�e, caused by or arising from negligent or
intentional acts, er�ors, ar omissions of Redding in perfarrrzing its obligatians under this
Agreemenfi provided, however, that Redding sha11 not be reguired to indemnify RRUCt�
in the event that any such loss; damage, expense, liability or claim is the direct result of
negligence on the part of RRUCO or its directors; em�loyees, agents; attorneys, or is the
result of a challenge to Redding's provision of electricity andlor electric utility services to
the R.RUCO.The indemnity provided under this paragraph will extend upon the same terms
and conditions to the mayor, cauncil members, employees, agents, and attarneys of each
named Party. Such defense by Redding extends,without limitation,to any and all ex}�enses
whatsoever, reasanably �ncurred by either named Pa�ty in connection with investigating;
preparing for or defending against, providir�g evidence, producing documents, or taking
any other reasanabl� actian in respect of, any loss, damage, e�pense, liability or claim
referred to in this paragraph {or action in respect th�reo�, whether ar nat resulting ir�any
liability. The indemnity wiil include t11e aggregate amaunt paid in settlement of any
litigation,comrnenced,or thr�atened,or af any claim whatsoever as set farth herein,if such
settlement is effected with the written consent of Redding. Neither the officers;
commissioners, directors, members, employees,agents nor attorneys of RRUCO's shall be
personally liable for the performance of any of RRUCO's obligations under this
Agreement.
B: To the fullest extent pern�itted by applicable law, RRUCt7 agrees separately to indemnify,
defend and hold harmless Redding against any and all losses,damages,expenses(including
reasauable legal and other fees and expenses), liabilities or claims (or actioris in respect
therea� to which Redding may become subject under any federal or state law ar other
statutory law or at common law ar otherwise, caused by or arising from negligent or
intentional acts, errors, or ornissions of RRUCO in performing its oblibations under this
Agreem�nt or from any challenge to RRUCO's take of eiectricity and electric utility
services from Redding;pravided,however,that RRUC(?shall notbe required tQ indemnify
Redding in the event that any such loss, damage, expense, liabiiity or claim, is the direct
result of negligence on the part c�f Red�ing, or its officers, commissioners, director�,
members, employees, agents c�r attorneys. The indemnity provided under this paragraph
will extend upan the same terms and conditions to each officer; commissioner, director;
member,employee, agent ar attorney ofRedding(Indernnified Party). Such indemnity will
also extend, withaut limitation, to any and a11 expenses whatsoever, r�asanably incurred
by any �ndemnified Party in connection with investigating, �reparing for ar defendinb
against; providing evidence, producing documents; or taking ar�y other re�sanable action
in respect to any loss, damage, expense; liability �r claim referred to in this paragraph {or
actian in respect thereo�, whether or nat resulting in any liability. This indemnit� will
include the aggregate amot�nt paid in settlement of any litigation, commenc�d or
threatened, or of any clairn whatsoever as set forth herein, if sueh settlement is effected
with the written consent of RRUC�. Neither the afficers, commissioners, direetors;
�.�.
members, employees, agents nor attorneys of Redding shall be personally liable for the
performance of any of Reddi�g's ot�ligations tinder this Agreement.
C. RRUCO hereby grants a lirnited waiver of sovereign immunity from a suit for the sale
purpose of permitting ar compelling an action at law or equity to enforce the rights of the
Parties herein ar to pern�it arbitration as prc�vided for in Sectian 12, ancl RRL1C� consents
to the jurisdictian af; and to be sued in,the Shasta County Superior Cot�rt or United States
District Court for the Eastern Iaistrict t�f Califi�rnia, the United States Court of Appeals for
the Ninth Circuit; and the United States Supreme Court far such puipose. The Rancheria
hereby waives any requirement of exhaustion of tribal remedies. The Rancheria does not
waive ai�y aspect of its savereign immunity with respect to actions by persons or entities
not parties to this Contract.
SECTION 23. MERGER
A, This Contract canstitutes the complete and final agreement of the Farties with respect to
the subject matter hereof and supersedes�II priar agreernents,whethei written or oral,with
respect to the provisic�ns of this Contract.
SECTI+UN 24. THIRD PARTY BENEFICIARIES
A. This Contract shall not be constri:ied to create rights for, grant remedies to, or deleg�te any
duty, obligation, or unclertaking established herein t4 any third party as a be�eficiary of
this Contract. Furthermore, this Cc�ntract sha11 not be construed as placing Redding in
privity af contract with any of the Raneheria's existing or future customers.
SECTION 25. AMBT+GUITIES NOT TO BE CCINSTRUED► AGAINST DRAFTER
A, Captions and headings contained in this �ontract have been included for ease t�f reference
and convenience and shall not be considered in interpreting or construing this Contract.
This Contract has �een pr�duced by negotiatian of the Parties and the rule of cc�nstruction
as against the interest of the drafter shall not apply.
SECTItJN 26, AU�'H(?RTTI'
A. Each afthe undersigned signatories hereby represents and warrants that they are authorized
t� execute this Contract on behalf of the respective parties of this Contract; that they have
full right, power and lawful authority ta undertake all nbligations as prc�vided in this
Contract; and that the execution, perft�rmance and delivery of this Contract by said
s�gnatnries has been fu11y authorized by all requisite actions on tlle part of the respective
parties to this Cantract.
SECTIOlV 27. GOVE ING LA�V AND VENUE
A. This Contract shall be deemed to have been entered into in Redding, Califarnia; a11
questians af the validity, interpretation or performance of any of its terms or of any rights
a-z
or obligations of the parties ta this Cantract shall be governed by California law, and any
action brought by either party to enforce any of the terms of this Gontract shall be filed in
the Shasta C�L�nty Sciperior Court.
SECTION 28, ENTIRE AGREEMENT
A. This Agreement contains the entire agreement between the parties heretc� with respeets to
the subject matter hereaf. This Agreement supersedes any and all previous agreements,
whether written or oral, between parties relating ta the subject matter hereof ar thereof.
SECTION 29.RULES �F INTERI�FtETATION
A. The follnwin;rules of interpretation and conventions shall apply to this Cantract:
l. The singular shall include the plural and vice versa;
2. The masculine s17a11 include the feminine and neutral and vice versa;
3. ``Includes"or"inclitding" sha11 mean"including without limitation";
4. References to a Section, Article or Schedule shall rnean a Section, Article or a
Sehedule of this Cc�ntract;as the case may be,unless the cantext otherwise requires;
5. Unless the co�ltext otherwise requires, references to any law shall be d�emed
references to siich law as it may be amended,z:eplaced or restated from time tt�time;
6. Unless the context c�therwise requir�s, any refereiace to a "person" includes any
individual, partnership, firm, company, cc�rporation, joint venture, trust,
association, organization or other entity, in each case whether or not having
separate legal personality;
7. Unless the context otherwise requires,any reference to a Party includes a reference
ta its permitted successars and�ssigns;
8. Any reference to a day; week, month or year is to a calendar tlay, week, manth or
year;
9. The captions and headings in this Contract are inserted salely to facilitate reference
and shall have na bearing upon the interpretation af any af the terms and conditions
af this Cantract, and
10. Arnbiguities or uncertainties in the wording of this �antract shall not be construed
for or against either Party,but shall be construed in a manner which most accurately
reflects the intent of the 1'arties when this Contract was executed.
x�
IN WITNESS WHERE�F, the parties hereto have caused this Agreernent to be executed in each
case by authority or their respective governing bodies duly given.
Executed the day of , 20
RELIDING RANCHERIA UTILITY CORPORATIQN;
SUBDIVISTON C7F RREDCQ
Dated� �, '�.'°" , 20
By: -� d.
CITY OF REDDING,
A Municipal Cc�rporation
Dated , 20
By:
ATTEST: APPROVEI7 AS TO F(�RM:
SHARLENE TIl'TON, Cit� Clerk CHRISTIAN M CURTIS, City Attorney
�4
ANNEX A: Pt�INTS QF INTERC NNECTICIN
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ANNEX B: SERVICE EQUIRElVIENTS
A. CHA CT�R�F SER�ICE
�. Electric energy supplied or transmitted under this Contract and delivered to the
12,000-valt meter�ng point in the RRUCO switchgear shall be three-phase alternating
current at a nominal fre�uency a�`b0 hertz(cycles per second). Delivery voltage will,
typically vary under normal sustained circumstances from 11,70� volts ta 12,600
volts. Under system emergency or outage conditions, sust�ined delivery valtage will
typically vary fr�m 11,400 valts tn 12,700 �volts.
2. The City is responsible far planning and designing its Electric Suppiy Facilities and
Service Laterals using the City's standards for design, rnaterials, and construction.
The �ity must review and approve of all service and ineter locations and
arrangernents before metering, service termination enclosures, ar c�ther utility
facilities are installed.
The RRUGO must ensure that all service and metering fa�ilities are Readily
Accessible and placed in City approved locations.
3. Voltage may be outside the limits specified in Paragraph A when the variations are
the result of any one or more of the following: arise from the temporary actian of the
elements; are infrequent rnomentary fluctuations of a shart dtiration; arise from
s�rvice interruptions,arise from ternparary separatic�n �f parts of the electric system
from the main electric system; and�re from causes beyond the contrt�l of City.
The RRUCO understands; ack�owledges, and agrees that, because of conditians
beyand the contral of the City or the RRUC(�, or botll, there will be infrequent and
lrmited periads when sustained voltages outside of the service voltage ranges will
occur. The sustained service delivery vc�ltages are subject to minor mamentary and
transient vc�ltage excursians which may occur in the normal aperation af the �ity's
system. The RRUCU's electrical utiiization eqtiipment may not operate satisfactorily
under these conditions, and protective devices may operate tc�protect the equipment.
4. The RRUCO understands, acknawledges, and agrees that continual service is nc�t
guaranteed due to unplanned outages because of conditions beyond the control of the
City or the RR:UCO.
5. �Vhere the c�peration of the RRUCO's electrical equipment requires unusually stable
voltage regulation ar other str�ngent voltage control beyond that supplied by t�e City
in t11e norrnal operation of its distribution systern, the I�RUC�, at its own expense,is
responsible for installing,owning,aperating,and maintaining any special or auxiliary
equipment an the laad side of the service delivery point as deemed necessary by the
RRUCO.
��
The RRUC(.� shall be responsible for designing, owning, maintain�ng, and operating
its distribution service facilities between the 12,Q00-valt service delivery point and
their utiIization equipment to rnaintain proper utilization voltage at the line terminals
of the Rancheria's utilization equipment.
B. CONDITIONS QF SERVICE
1. The City shall not be lialale for damage resultin� fr�m interruptians in electric
service frorn causes beyond the contral of the City. The City shall not be liable for
damage resulting from these unplanned interruptions in electric service:
2. It is the Customer's responsibility ta maintain the service entrance equipment in a
safe and serviceable condition.
3. The Customer shall ensure that the use or condition of equipment ar the Premises
is safe,not in violatic�n of applicable laws,ordinances,rLiles,or regul�tions t�f public
airthorities, does not interfere with the quality of Service fia its Customers; or, will
pose a risk to the City I7istribution System.The Custt�me�r shall exercise rea5onable
care to prevent City Equipment on the Ctistomer's premises from being tampered
or interfered with,damaged, or destroyed. The Customer shall be liable for damage
to City Equipment ari�ing from negligence, want of proper care,or wrongful act of
the Customer ar Customer's tenants, agents, employees, or contractors: Any
damage or tamperit�g discovered must be promptly reported to the City.
4. Only authorized City employees can connect ar disconnect the City's electric
service to service equipment.
5. Only authorized City ernployees can remove, replace, or interfere with the City's
meters, seals, connections, padlocks, or other locking devices.
6. The City has the right to access City facilities located on a Custdmers' premises at
any time, for any purpose connected with furnishing electric service. These
purposes include: reading meters; inspecting utility facilities, performing
maintenance and/or emergency work, and e�ercising any and all rights seciired to
the City by law.
7. In the event af an electrical fault orc the Customer's system;the City reserves the right
to discannect the Customer's system until such tiine as the Customer can demonstrate
to the satisfaction of the City the fault has 6ee�corrected or electrically isolated.
C. ELECT�YC SEI2VICE 12E+QUI MEl�TTS
l. The Custotner shall provide protective equipment at the meter [ocation as apprapriate.
It shall be the Customer's responsibility to furnish, install, inspect, and keep in good
and safe candition, at his own risk and expense, all appropriate protective devices of
any kind or character, which may be required to p�operly protect the Customer's
facilities.The City shall not be responsible for any loss or damage occasioned or caused
by the negligence or wrongful act of the Customer or of any af his agents,emplayees,
or licensees in omitting, installing, maintaining, using, aperating, or interfering with
any such protective devices. It shall be the Custalner's responsibility to select and
install such protective devices as rnay be necessary to coordinate prt��erly with the
1.7
City's protective devices to avoid exposing otl�er Customers, to unnecessary service
interruptions. Tl�is ec�uipment; including fiises, breakers, reclosers, relays and the
assflciated settings, shall be approved by the City.
2. A one-line diagram of the service arrangement cover�d by this Gontract is shawn on Annex
C and Annex D.
' a) As shown on Ar�nex C, but siibject to the provisic�ns of this Section, the City shall
provide both a no�mal 12,0�0-volt feeder circuit and an alternate, independent
12,000-valt feeder circuit to an automatic transfer switch that feeds the RRUC{�'s
switchgear: The alternate 12,000-volt feed is planried to be served fram a separate
indepenc�ent substation from the narmal 12,C100-volt feeders' substation. Transfer
between the normal 12,{700-volt feeder circuit and the alternate 12,00Q-volt feeder
circuit is via a high-speed automatic transfer switch (1Q cycle) that operates on
failure of the norrnal 12,Q00-volt feeder source to transfer th� RRUCC� load to the
alternate 12,Q00-volt feeder source.
b) As shown on Annex D, but subject ta the provisions of this Seetion, the City shall
provide a narmal 12,00fl-valt feeder circuit ta the RRUCt�'s switchgear.
The City will provide the RRUCO with a single-metered 12,000-volt {12kV) electric
ser�vice on the easterly side of the Rancheria property and on the north side of the
Rancheria property seen on Annex A. The City will install, own, operate and maiiltain
facilities on the supply side of the City's revenue meter except where noted otherwise
in this Cc�ntract. The RRUCO acknawledges that the interconnection is salely designed
for ane-way pawer flow (fram the City tfl the Rancheria). Bi-directional capability is
not in the scope of this Contract. If bi-direetional service is desired in the future,
upgrades to the City's 12kV system or a new 11 S/12kV substation may be reqtiired.
3. The RRUC(� understands; acknowledges, and agrees that the availability of any atternate
feeder saurce provided by the City cann�t be guaranteed to be available l QO percent of the
time du� tQ system rn�infenance; system reconstructian, system emergencies, or ev�nts
beyond the cdntrol of the City.
�. The RRUCO understands the alternate feeder source �oes nat protect the Rancheria from
failure of the RRUC(J electrical facilities including the RRUCQ 12kV switchgear and/or
the automatic transfer switch. There are alst� sev�ral normally r�pen tie points between the
norrnal and alternate feeders that, �f a failure occurs at these tie locations, both the narrnal
and�lternate feeder would be out of service until the problem can be isolated or repaired.
5; The RRUGQ understands, acknowledges, and agrees that the City does not have a spare
automatic transfer switch and th�t failure of the autnmatic transfer switch could result in
the alternate feeder source being t�ut of service for a prolonged periad. The City will make
every reasonable effort to repair the automatic transfer switch in a timely manner. If
possible; the City will operate the atitomatic transfer swi#ch as a manual switch until the
autamatic fiYnction can be repaired.
is
6. The RRUCQ shall comply with all af the City's detailed primary (12,000-volt) service
requirements as documented in City of Redding �onstruction Standards;
• 511.00, U�de�ground P�imary Ser^vice 12,(�0� T�alts
• 57b.00,P�imary Servace Rec�uirements 12,000 Ijolts
w 575:00? Tr-ansform�r R�zted Mete�s— ➢zagram of C'onnections
The RRUCO main circuit breakers shall be required to c�perate at all times so as to
protect the City from electrical faults within the RRUCO distribution system: The
RRUCO's main circuit breaker protective xelays shall be tested every five years and
shall coordinate wlth the City's protective devices; l'rior to the City energizing the
RRUCO 12,000-volt switchgear, the RRUC4 shall furnish the necessary coordination
studies and other noted test reparts for C'rty approval.
7. The City shall be responsible to perfQrm all 12kV cable wark,trenching; substnicture;and,
conduit work up to and including the revenue meter. The RRUCO wi11 be responsible for
all facilities beyand the metering point including any structures or enclosu�es used to
mounting the metering equipment.
�q
ANNEX C: REI�DING NCHE A EAST ELECT CAL SERVI�E QNE
LINE DIAG M-EASTERN INNTERC lYI�tECTI N
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MASTER�E12VICE AG EMENT
This Master Service Agreement ("Agreement") is made by and between the City of Redding
("City"), a general law municipal corporatian, and the Tribal Council of the Redding Rancheria
("Tribe"), the governing body of a federally recognized Indian Tribe.
RECITALS
l. Tribe is a federally recognized Tndian Tribe gaverned by a seven (7) member tribal
council, exercising savereign powers af self-government within the jurisdictional
boundaries af the Rancheria Tribal Lands.
2. The Rancheria Tribal Lands served by this Agreement are shown on Drawing U574-1
("Tribal Lands"), attached l�ereto as Exhibit A and made a part hereof, sc�me of which is
owned by the United �tates in trust far Tribe or for individual tribai members and some af
which is owned by Tribe or private individ�als in fee simple.
3, City is a general law miinicipal cc�rporation, organized and existing under and in
cornpliance with the laws of the State of California and is a pr�vider of utility services to
its residents.
4. Tribal Lands and City are adj�cent to ane another.
5. Tribal Lands are within the City's sphere of influence as determined by the Shasta Cc�unty
Local Agency Farmation Committee.
6. Tribe and City wish to enter int� an Agreement that acc�mplishes orderly urban
develo�ment and efficiency in delivery of utility services, avoids duplicati�n of services,
and provides similar standards between the two jurisdictions.
7. Residents and aperatians within Tribal Lands �vill use, or cause to be �,�sed, directly or
indirectly, man� City services for which there is not any direct means of cost recovery,
including, but not limited to: (1j police service�; (2) fire response; (3} EMT services; (4)
parks maintenance and; development; (5) recreatian programs; (6) traffic signal
maintenance and traff c contral; (7) emerg�ncy dispatch, (8) str�etlights; and
(9} long-term land use and rraffic plannin�.
8. Tribal emplayment and economic development on Tribal Lands prnvides direct and
indirect economic benefits to City. Wages earned on Tribal Lands are spent within the�ity
and generate tax revem�es for City. Customers of tribai businesses frequently come from
out of the area and generate additional business and tax revenues for City. These revenlres
help to off-set City's cost of providing services to Tribe and its residents. It is in City's
interest to support prosperity on Tribal Lands in harmony with the ecc�nornic prosperity of
the greater Redding area.
NIaster Serviee Agreement
Reddii�g Rancheria—City of Redding Page l
9. Tribe; in order to improve the c�uality of services to its members and other individLrals
resi�ling or doing business on Tribal Lands, desires to acqiiire utility services, as set forth
herein, from City.
10., City is-willinb to pravide utility services; as set forth herein, to Tribal Lands,provided that
the developrnent of such services meets with certain basic standa�ds and the effects of said
development, taking into accaunt both the adderl costs and bene�'its to City, do not
adversely impact City and its residents.
1l. This Agreement terminates and replaces Successor Master Service Agreement, C-33$6
s�.�ch that Tribe experiences no loss in water or wastewater services:
AGREEIVIENT
For good and valuable consideration hereby acknawledged by the Parties and in reliance upc�n
the recitals and terms and canditions set forth herein, the Parties hereby agree as follows<
SEC'TION 1. TEBM
The terrn of this Master Service Agr�ement shall be for a period of twenty-five (25)years,
commencing on the effective date of this Master Service Agreement.
SECTION 2. SERVICES AND► PAYMENT
A. City�hall pravide utility services to Tribal Lands in accc�rdance with the terms and
conditions set fc�rth b�annex attached and incorparated inta this Agreernent.
1. Tribe shall make a gaod-faith effort to make its facilities accessible to City
as required for City's perfarmance of services under this Agreement. City
may inspect all utility infrastructures which are pertinent to the services
�rovided by City in order to ensure compliance with this Agreement and
any fe�eral or state mandates placed tipon City and its aperations of utility
systems.
2. Tribe� at such times and in such form as City may request, sha11 make a
good-faith effort to furnish City with periodic reports pertaining ta utility
aperations on Tribal Lands.
�. The scope of each utiiity service to be provided and the payment for said utility
service {"Services") shall be set forth in each attached annex and as listed below;
1. Annex A—Water Services
2. Annex B—Wastewater Services
3, Annex C—Solid Waste Services
Master Serviee Agreernent
Redding Ranclleria—City of Redding F'age 2
C. The payments set forth in each annex shall not be construed as a satisfaction af any
fee for service not addressed in this Agreement.
D. In the event any payment required by this Agreement is nat received by City on or
before the applicable due date, penalties and interest shall be charged at the rates
established by the City Cauncil made applicable to other City ci:rstomers.
E. Payment to offset impacts addressed in Recital 7 for pro�uiding Services to Tribal
Lands shall be in the annual amount of One Hundred Thc�usand Dallars
($100,000.00). Tribe shall pay Twenty-Five Thausand Dollars ($255000.00) p�r
quarter for providing Services to Tribal Lands. Tribe sha11 remit �ayment within
twenty(20) days�f City's billing.
1. This payment is not intended ta cover direct fees for services speci#ically
provided for by annex to this Agreement.
�. If Tribe relocateS the existing Win-River Casinc� and Hotel to the property
cornmonly referred to as the"Strawberry Fields", Tribe shall have no obligatian to
make the payment set forth in Section Z.E'.
G. With regards to the proposed Health Village development on Tribal Lands, in
consideration of City extending Serviees tc� Tribal Lands, Tribe shall pay City a
one-time payment in the amount Qf Three Mi11iQn Two Hundred Fifty Thousand
Dollars��3,�50,000.00)as a payment in lieli offuture taxes. In addition,Tribe shall
pay City a c�ne-time payment in the amoi,int of Six Hundred(�ne Thc�usand Llollars
($641;OOO.aO} as reimbursement for connection impact fees for wate�: and
wastewater services; incliiding a n�w water meter.
1. The p�roposed Health Village development covered by this Agreement is
defined as the cflnstructian af a new clinic and wellness center, warehause,
powtivaw graunds, �nd an administration center; as well as associated
parking and infrastructure.
SE�TION 3. SECURITI'F012 FERFO ANCE
A. Tribe shall keep on deposit with City the identical amount of funds that ather
utility custo�ners af City are required to depasit.
B. In the event that City uses security furnished pursuant to thi� Section to cure a
default by Tribe, Tribe must restore the security to the full ainount required by
this Agreem�nt within thirty(30) calendar days of the withdrawal.
C. Tribe agrees that at all times during the existence af this Agreement, it will
maintain in force at its own expen�e, a general comprehensive liability insurance
policy in protection of the City, its Cauneil members; officers, and employees
with a company authorized to do business in the State of Califomia to pratect
Mas�er Service Agreement
Redding Rancheria—City of iZedding Page 3
such persons against liability for lass or charges for persanal injury, death, or
damage to property occasioned by the negligen�e, whethex passive or active, and
the intentianal wrongdoing of Tribe. AlI such persons shall be �ndorsed as
addxtional insured's on the insurance palicy ret�tiired herein.The rninirnum liabiiity
limits of$2,000,000 for personal injury c�r death of any one person and$4,0�0,000
far persanal injury of two or more in any accurrence and �2,00O,OOQ for damages
to propei-ty resulting from one occurrence shall be rna�ntained. Said insurance sl�all
be primary and noncontributory to City's policies of insurance. The minimum
limits required by this agreernent shall inerease ever� five (5) years, in an amount
nat less than the relative increase from the consumer price index.
SECTIaQN 4. TERMINATION OF A�REEMENT
This Agreement may be terminated by either party for cause upon written notice to the
other Party providing fu11 disclasure of the action,or inactian, which the terminating Party
believe� to be cacise for terrr�inatian and setting fart11 the actions rec�Liired to cure said
breach or default: Failure of the non�breaching party ta fully cure the default or demand
recaurse to the procedures set forth in Sectian 5 within thirty{3Q}calendar days shall entitle
the terminating Party to exercise the remedies set farth in Section 6 below. Cause, within
the meaning of this Agreement, shail include a default or breach of any term or condition
set forth herein, without regard ta ynateriality. Cause shall also include any anticipatory
breach or repudiation of this Agreement.
Notwithstanding the foreg�ing, City shall have the right to terminate this agreement in the
event that the City determines, in its sole discretion,that major changes to City operations
materially impacts the City's ability ta pravide the services addressed herein. Far the
purposes of this clause, °`major changes" shall include; but n�t be limited to,
discontinuation or curtailment of City services as the result of a transfer of assets or
functians ta a separate entity, including any private contraetor, franchisee, special district,
joint pawers authority, or other provider. Pri�r ta such termination, City and Tribe sha�1
negotiate 1n goad faith on the provision af any unimpacted services and the mitigation of
adverse irnpacts to both parties.
SECTIC3N 5. BINDIN+G DISPUTE St�LUTIC�IV
A. Whenever a Party tc�this Agreement determines that an act or failure to act by the
oth�r Farty or nther event constitutes a breach or default and has�rovided the notice
required by Section 4, the Party receiving notice of said breach or default may
initiate bi�ding dispute resalution unc�er the terms and conditions set farth below:
1. Binding dispute resolution rnay only be initiated in the good-faith belief that
there are grolznds for termination for cause.
2. The Notice af Bind�ng I)ispute Resolutiian must describe the dispute
which is tc� be submitted fc�r resolution, the proposed remedy to resolve the
1dIaster Se�-vice Agreement
Reddiiag Rancheria—City of Redding Page 4
dispute and the name,address;and telephone number of the Party's nominee
to the I7ispute Resalution Hearing PaneL
3. Failure to serve the Notice of Binding Dispute Resolution within the time
frame set forth in Section 4 shall be deemed a valuntary and knowing waiver
of that Party's rights �o litigate, arbitrate, or mediate said dispute and slzal3
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 farth in Section S:A. have been satisfied, the Party
claiming the right to terrninate this Agreement for cause shall, within ten {10)
calendar days, submit the name, address, and telephc�ne number of its non�inee to
the Dispute R:esolt�tion Ilearing F'anel to the ather Party.
C. Within ten (10) calendar days after the terrninating l�arty has personally served
written notice of its nominee or deposite� said written notice in the United States
mail,the Parties shall meet and seleet a third panei member, which shall complete
the formatian af the Hearing Panel. In the alternative,the Farties may agree to have
the matter resc�lued by a single arbitrator.
D. The Hearing Panel, or single arbitrator if applicable, shall establish such rules of
procedures as it deems necessary to resoive the dispute, provided that such rules
must provide for a hearing that complies with the fallowing:
l. Each party may be represented by legal caunsel and shall have the
�pportlznity to present legal argument.
2_ Each party shall be entitled to present c�ral andJor documentary evidence.
3. Formal rules of evidence shall not apply.
4. Discovery shall be r�ciprocal.
5. Except by mutual agreement of the Parties evidenced in writing, the
hearing shall be conducted no later than thirty (30) calen�ar days after the
selection af the third mernber of the Hearing Panel, c�r single arbitratdr, if
applicable:
6, A written decision t�f the Hearing Panel, or single arbitrator if applicable,
shall be served on each Party no later than fifteen {IS) calendar days after
the conclusion of the hearing,
7. The Hearing Pai1e1, or single arbitrator if applicai�le, shall have no
authority ta order any relief or remedy not specifically set forth in Section
6 of thls Agreement.
M�stet-Service Agree�nent
Reddinb Rancl�eria—City of Redding Page 5
&. Each Paz-ty 5ha11 bear its own cost�and attorney fees and shall each pay one-
half (%) of the costs, expenses, and fees af the Hearing Panel, or single
arbitratar if applicable. Notwithstanding the preceding, if the
Hearing Panel, c�r single arbitrator, determines that a default has occurred
and the Party initiating bindin�, dispute resolution did nc�t dc� sc� in good
faith, the Panel may direct that all litigation cc�sts, including, but not
lirnited to, attarney fees, costs, expenses, and fees of the Hearing Panel, or
arbitrator, shall be paid by the nonterminating Party.
SECTIQII� 6. MEDIES
A_ Remedies of City Upoa�Default by Tribe. Upon establishment af cause,pursuant
tc� Section 4, or upon the occurrence of a failure to demand binding dispute
resolution per Section S.A_3, City shall have the right ta te7minate a portion, or all,
c�f utility services to Tribe. City shall be entitled to damages proximately resulting
from said breach ar default exclusive of darnages relating to lost revenue. Damages
shall be offset against any fees or payments paid in advance of services provided to
Tribe; if any.
1. City may waive a default and not terrninate this Agreement; hovvever, any
such waiver sha11 not prevent City frorn exercising its right to terminate
this Agreement and atherwise pursue any remedy provided for herein
upon a subsequent default ar breach by Tribe.
B. Remedie�of Tribe IJpon Default by City. Upon establishment of cause,plirsuant
to Section 4, or upon the occurrence of a failure to demand binding disputie
resolution per Section S.A.3, Tribe shall have a right ta reimbursement for the
damages prc�ximateiy arising out af the default. Additianally, Tribe shail have the
right to specific perfo�rmance of this Agreement. I)amages shall be offset against
any fees or payment reqLtired to be made by Tribe tc� City in accardance with the
terms af this AgTeement.
1. Tribe may waive a defatilt and not terminate this Agreement;however, any
such waiver shall not prevent Tribe from exercising its right to terminate
this Agreement and recovery of the remedies set fo�th herein upon a
subsequent default or breach by City.
2, Tribe shall have no legal right to recaver remedies on behalf of its
members or othe�•individuals residing or doing business on Tribal Lands.
SECTICIN 7. INDEMNITY
A. Each Party sha1l defend, hald harmless, and indemnify the other Party and its
legislative body, directors, officers, agents, and employees against any and all
Ic�ss, liability, civil penalties, damage or expense, including any direct, indirect or
Master Service Agr�ernent
Redding Rancheria—City af Redding Page 6
consequential loss, iiability, damage or expenses, inclusive of attorney fees, for
any violation of state or federal law, inj�iry or death tc� �ersons, including
employees af eith�r Farly, and damage ta praperty, including property of either
party; arising out of ar in connection with intentional, willful� wanton,reckless; or
negligent canduct occurring during the term and related to the subject matter of
this Agreement. Hawe�er, neither Party shall be indemnified hereunder for any
loss, liability, damage; ar expense resulting frorn its sole negligence or wiliful
misconduct. In the case of a violation of state or federal law, the indemnity
obligation shall be triggered upon the causation of the alleged vialation and no
intent or negligence shall be required t� trzgger the abligations set fo�-th herein.
�. The Indemnitor's obligation to defend, indemnify, and hold harmless shall not be
excused because af the Indemnitor's inability ta evaluate liability. The
Indemnitc�r shall respond within thirty (30) calendar days to the tender of any
cl�im for defense and indemnity by the Indemnitee, unless this time has been
extended in writing by the Indemnitee. If the Inden�nitor fails to accept or reject a
tender of defense and indemnity in writing delivered to Indemnitee within thirty
(30) �alendar days; in addition to any other remedy authorized by law, the
Indemnitee may withhold such funds the Indemnitee reasanably cc�nsiders
necessary for its defense and indemnity until disposition has been made of the claim
ar until the Indemnitor accepts or rejects the tender of defense in writing delivered
to the Indemnitee, wh�chever occurs first.
C. The obligation tc� indemnify, protect, defend, and hold harmless set farth in this
Se�tion ap�rlies to all claims and liability regardless of whether any insurance
policies are applicable. The policy limit� c�f said insurance policies dc� not act as a
limitation upon the amount of indemnification to be provided by tl�e Indemnit�r.
D. The Indemnitee shall have the right to apprave ar disapprove the legal counsel
retained by Indemnitor pursuant to this Sectian to represent Indemnit�e's
interests. Indem��itee shall be reimbursed far all ec�sts and attorney"s fees incurred
by Indemnitee in enforcing the obligations set forth in this Section.
E. Tribe shall have no duty to indemnify City for claims against City's authority to
enter this Agreement or any future amendments to it.
SECTION 8. RE�iJLATORY+CCIMPLIAI�TCE
A. It is recc�gnized by Each Party that the Federal Clean Water Act and the California
Regic�nal Water Quality Control Board Waste Discharge Requirements cannot be
waived by City. As such, Tribe shaIl meet wastewater discharge prohibitions as
detailed in Annex B of this Agreement and adopt related amendments when
requested by the City to ensure wastewater discharge from Tribe meets federal and
state standards,
SECTION 9: MIS�ELLANE+�}US
M�ster Service Agreement
Redding;Rancl�eri�—City of�edding Page 7
A. Notice. Whenever notice, payment, or ather 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�ciass pastage affixed thereto and addressed as follows:
Tribal Council City
Redding Rancheria City Manager
c/o Tribal Chairperson City of Redding
200U Redding Rancheria Road 7�7 Cypress Avenue
Redding, CA 96001 Redding, CA 9�001
�. Ia�tegration. Thi� Agreement, including all annexes and exhibits, cantains this
entire Agreement between the parties and supersedes a11 priar and
cantemporaneolis oral and written agreements,understandings, and representations
between the Parties regarding the subject matter of this Agreement. All prior
coi�tracts relating to the pravisions �f serVices addressed herein shall, as of the
effective date c�f this Agreement, have no fi�rther force or effect.
C. ldiodification af Agreement. This Agreement shall not be amended except by the
written agreement of bofh Parties approved in the same manner as this original
Agieement. No other purported change (i.e., modificatian orally or by practice)
shall be effective or binding on the Parties.
D. Waiver. No waiver of any of the pravisians of this Agreement shall constitlite a
waiver of any other pravision, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the Party making
the waiver.
E. Interpretation. The Parties agree that th�y are aware that they have the right ta be
advised by legal counseT'with respect to the r�egotiations, terms, and conditions of
this Agreement and that the decision af whe�her or not to seek the advice of counsel
with respect to this Agreement is a decision which is the sc�le responsibility ofeach
of the Parties. Accardingly, na Party shall be deemed to have been the drafter
hereof, ar�d the principle of law that cantracts are coi�strued against the drafter shall
not appl�. In the event of a canflict betv✓een an annex or exhibzt to this Agreement
and the language set forth in the body af this Agreement,the language set forth in
the body of this Agreement shali cantrol.
F. Survival: The provisions set forth in Sections 5, Ea, 7, 9.B., 9.I7, 9.E, and 9.G, of
this Agreement shall survive termination of this Agreement.
G. No Third �ar�y I�en�ficiaries. No provision of thi� Agreement is intended to, or
sha11 be for the benefit of; c�r construed to create rights in, or grant remedies to, any
person or entity not a party hereto,
Master SErvice Agreement
Redding Raneheria—City of Redding Page 8
H. Right of Interventiom. 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 aperate L�tilities pertinent to this Agreemern within Tribal Lands in a
manner that camp�ies with this Agreement if such suit or praceeding cotirld affect
the City's delivery of services under this Agreement.
I. Prohibition Against Diserimination. Within Tribal Lands, Tribe shall nc�t deny
services ar access, noz otherwise discriminate against peaple seel�ing to connect to
Tribe's utilities on the basis of race, calor, religic�n, natural tirigin, age, or sex.
J. Effective Date.Tlle effective date of this Agreement or any future amendment shall
be the date that it is signed by City.
K. Ga�verning Law. This agreement shall be gaverned by the laws af the State of
California without regard to its conflict of laws principles.
Master Service Agree�nent
l�edding Rancl�eria—City of Redding Page 9
IN �VITNESS V�HEREfJF, City and Tgibe have executed this Agreement on the days and year
set forth below:
CITY OF REDDIle1G,
A Municipal Corpara�ion
Dated: ,2Q25
By: Jack Munns, Mayor
ATTEST: APPItC1VED AS TO FORM:
CHRISTIAN CURTIS
City Attorney
SHARLENE TIPTON, City Clerk By:
TRIBAL COUNCIL fJF THE REDDING
RANCHERIA
�
Dated: °�'.. �,� , 2025 �'
By: �CK E. POTTER,JR., 'rman
APPROVED AS T(� FO ' " .
1VI�CHAEL HOLLtJWELL
Attarney General
.� �w--
�'���_��
By` `C�1 A�°�' �,�� 1�
ATTACHMENTS:
Annex A—Water Services
Annex B—Wastewater Sei-vices
Annex C—Salid Waste and Recycling
Master Service Agreement
Redding Rancheria—City of Redding Page 10
ANNEX A
�ATER SERVICES
RECITALS
1. City owns, maintains, and operates a water treatment and distribution sy�tem.
2; Tribe, in order to improve the quality of services to its members and other individuals
residing or daing business on Tribal Lands, wants to purchase water services from City.
3. City is willing tc� provide water services to Tribal Lands, provided that the developments
that this service makes possible complies with certain basic standards and that the effects
of that develapment, taking into account both the added costs and benefits to the City, do
nat adversely impact City and its residents.
AGREEMENT
SECTION 1. SERVICE C}BLIGATI4NS OF CITY
A. City sha11 supply water to Tribal Lands through a master meter located at the
property line. �ity w�ll own, operate, and maintain all water facilities on the su�ply
side of the master meters;including the meter and the box.City's responsibility for
rnaintenance ends at the master meter.
1. Except when new improvements on Tribal Lands �ccasion additional
improven�ents to City's water-ma�n system, City will be responsible for all
improvements off-site from Tribal Lands. The off-site improvements shall
be sufficient to handle expected service volumes within the limitations set
forth in Section 1.B, af this Annex.
B. City shall supply water services sufficient to Tribal Lands for the followin;
facilities: (1) existin�residences; (2} existing Win-River CasinQ and HoteY and its
future Lise; (3} existing Tribal affices; {4) existin; Tribal Head Start Facility; (5}
existin; Tribal Community Cent�r, and (6) the prt�posed Health Village
development as defined in the Master Service Agreement:
1. Excludin; water required to maintain sufficient flc�w for fire protectian
(which may c�nly be us�c�to respond to a fire on Tribal Lands), th� flow of
water th�ough the master meter shall not exeeed a maximum monthly
amount of 8,700 ccf and annual amount of 63,Q00 ccf.
2. The propased Health Village development as covered by this Annex is
defined in the Master Service Agreernent.
3. Cit�may reduce the quantity of water available to Tribal Lands under this
Agreement oniy subject to duly adopted policies, emergency declarations,
Annex A—Water Services
Redding Rancheria—City of Redding—Master Service Agreement PageA l
or se�vices reductions(including but not limited ta those mandated by future
legislation or regulatory action) that apply equally to ali similarly situated
customers of City's municipal water system.
4. Tribe will make a good-faith effort to comply with City water cnnservation
programs designed to meet the State af California's goal far water use
reduction.
5. In the event that City is requested to �ervice facilities not described in this
Sectian, the Parties shall meet and negc�tiate the terms and conditions of
such request in good faith.Notwithst�nding the preceding, City shall nat be
obligated to incrcase services pursuant to the reqltest of Tribe.
C, City shall test the reduced pressure principle cross-connection control devices
("RPl'")at the point of service connections on Tribal Lands side of the maste��meter
on an annual basis and invoice Tribe for costs of testinb in accordance with the
City's standard policy and rates for annual cross-connection control devic�testing.
D. City shall conduet annual calibration testing ofthe master meter iiz accordance with
the City's standard large-meter-testing program.
SECTION 2. SERVICE dBLIGATIa►NS OF TI2IBE
A. Tribe shall construct and maintazn its awn internal water supply system for both
domestic and fire flows.
B, Should there be a need to improve the water system which connects ta City's
water supply' systern, Tribe will be responsible for on-site improvements. The on-
si�e water mains shall be sufficient to handle expected service volumes of City's
fire-flaw requirements.
1. Tribe shali design any necessary modifcations �r irn�rovements to Tribal
Lands water distribution systern ("on-site facilities") to accommodate any
increased water pressure ur volume from the City-furnished supply as
compared to the current Tribal Lands saurces and to provide adequate
pressure and volume for fire hydrants to serve Tribal Lands.
2: Tribe shall be responsible for the operation, maintenance, and repair of all
c�n-site improvernents, including al1 on-site facility RPPs pas� the service
cannections on Tribal Lands side af the master meter, which will be
maintained by City per Section 1.�. of this Annex.
3. No private or community well shall be connected to any part of a system
connected to City's water system.
r�nnex A—Water Serv�ces
Redding Rancl�eria—City of Reddii�g—Master Service Agreement PageA2
C. At the time of any additional con5trtictian cuhieh falls within the scope of the Master
Service Agreement, additional fire hydrants, as required by the California Fire Coci�,
will be installed.
l. A mutually agreeable testing agency shali annually test each fire hydrant
ta ensure its operation as part of the City's citywide fire hydrant testin;
program. Fire hydrants that fail tc� pass testing shall be replaced or mad�
ta meet Califarnia Fire Code Specifications within thirty {30) calendar
days. Costs for testing water lines far fire hydrants shall be borne by
Tribe.
2. All test reports will be submitted ta City's Director of Public Works no
later than ten (10}calendar days after campletion of testing.
D. Tribe, at City request, may consider a long-term transfer of the 205 acre-feet of
water available under the federal Unitied States �ureai� of Reclamation Contract
No. 7-07-20-W-0006-R-1 (Rancheria Settlement Contract) to the City. The terms
of any transfer will be negotiated by the parties at such time that a transfer is
considered.
SECTION 3. CHARGES AND PAY1dfIENTS
A. Tribe sha11 pay an annual fee representin� City's costs for the annual test of the
RPP devices.
B. Tribe shall pay to City when due all applicable connection fees, capacity charges,
mc�nthly service charges,commodity charges,,and any other fees,charges,and fines
in accordance with City's appraved schedule of fees and charges, as adopted from
time to tizne by the City Cauncil.
1. City shall haVe sole discretion to determine the meter: size for Tribe's
connections to City's water �ystem according to the City's reasonable
estirnate af Tribe's water use.
C. Tribe shall maintain a service contract with City's Utility Custamer Services. All
utility services procured through the Master Services Agreement shall be combined
into one billing. The service contract established wlth Utility Customer Services
shall be signed by an authorizedrepresentative of Tribea and Tribe will be tlze party
responsible far payment and shall make any required deposits,
D. City shall read the master meter monthly and send a biil every rnonth to Tribe.
l. Delinquencies in payment shail be determined in accordance with billin;
palicies and practices made applica6le by Utility C�.istomer Services to all
City customers>
Annex A—Water Serv:ices
Redding Ra�lcheria—City of Redding—Master Service Agreemerlt PageA3
2: City shall restore service only upon payment in full of all delinqt�ent
amounts and reconnection fees due for any �tility service procured
through City. City shall not terminate water service except as permitted as
a remedy in Section 6 Qf the Master Service Agreement.
Annex A—Water Services
Redding Rancheria—City of Redding—Master ServiceAgreement PageA4
r�NNEX�
WA�TEWATER SERVICES
RECITALS
l. 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 Fublicly Owned Treatment Works (PC7TW}.
2. Tribe, in order to improve the c�uality c�f services to its members and other individuals
residing or doing business on Rancheria Tribal Lands, want5 to purchase wastewater
services from City.
3. City is willing to provide wastewater services to the T�.ancheria Tribal Lands;provided that
the development that this service makes possible complies witl�certain basic standards and
that the effects c�f that d�velopment, takil�g intcr accaunt both tlie added costs and benefits
to the City, do not adversely irnpact City and its residents.
4. City is req�.iired to implement and enforce a�retreatn�ent program to coiatrol discharges
from a11 industrial users af its wastewater systern pursuant to requirement set out in
40 Code of Federal Regulations; Section 403, and California Government Code Section
54739, as amended fram time to time.
5. City currently has nc�authority to cantrc�l the dischar�e of domestic and industrial waste by
facilities located iri the u�incorporated areas of the Rancheria Tribal Lands.
6', The Parties recagnize that it is in their best interests, and that of their citizens and the
citizens c��the State of Califarnia, to enter �nto an agreement regarding Tribe's continued
disc�7arge �f waste into C�ty's wastewater treatlnent system.
7. The Parties further zecagnize that this Agreement will provide City with the re�uired
authority to enf'orce its �bligati�ns under applicable state and federal law regarding the
discharge af domestic and industrial waste.
AGREEMENT
SECTId�1�11. SER"VICE OBLIGATIONS t)F GITY
A, City shall provide suffieient wastewater service to the Rancheria Tribal Lands for
the follawing facilities: (1} existing residences; (2) existing Win-River Casino
facility and its future use; (3) ex�sting Tribal affices; (4) existing Tribal Head Start
Facility; (5) existing Tribal Community Center; (6) existing Casino Hotel and its
future use; and (7) the proposed Health Village development, as defined in this
Master Service Agreement.
Annex l3—�Vastewater Services
Reddri�g Rancheria—City of`Redding—Master Services Agreement Page B I
l. Total flow of wastewater to City's facilities fram all mains serving the
Rancheria Tribal Lands shall not exceed 220,000 gallons per day, ar
40,000,040 gallons per year.
2: The future Health Village development as coVered by this Annex is defined
in thi� Master Service Agreement.
3. Interruption of services may occur when the lift station is taken out of
service for maintenance or as pravided elsewhere in this Annex.
Additionaily, interruptian of services may occur if City mL�st take
emergency action to stop or prevent any discha��ge which presents or may
present an imminent danger to the �e�lth or welfare of humans; which
reasonably appears to threaten the envirc�nment, ar which threatens to caLise
interference; pass through, or cause slud�e contamination in the City's
wastewat�r system. In the event the Clear Creek VVasfewater Treatment
Plant were to go into alarm,thereby warranting such interruption of�ervice;
Tribe's contact person vuill be notified of the pending interruption of
wastewater service and to prepare tc� divert the Ranclaeria Tribal Lands
effluent to the emergency ho�din�tank and leach field dispQsal system.
B. In the event that City is requested to service facilities not described in this Section,
the Parties shall meet and negatiate the terms an�conditions of such reqt�est `rn goad
faith. Notwithstanding the preceding, City shall not be obligated to increase
services�tzrsuant to the reqL�est of Tribe:
C. City; as a;ent fc�r Tribe, shall perfflrrn such technical and administrative duties as
necessary t� pr�tect the City's wastewater treatment system. Examples of such
administrative and technical duties�nclude,but axe not limited ta, the following:
1. Esfia�lish a list of apprc�prlate City personnel, phone numbers, and email
addresses far tl�e designated Tribal personnel to contact and coardinate all
applicable and n�cessary informatic�n pertaining to inspections, applicable
fe�s for �ew const�iction; expansions, or changes in use for properties
within the Rancheria Tribal Lands.
2. �onduct industrial user inspectians; sample mc�nitoring and analysis,
permrtting, and billing as needed.
3. Perforrn and coordinate any other technicai or administrative duties to
include pian checking of wastewater pretreatment r�quirements City deems
appropriate:
4_ Take emergency a�tion ta stop a� prevent any discharge which presents ar
may present an imminent danger to the health or welfare of humans,which
reasonably appears to threaten the enviro�ment or which threatens to cause
Annex B—V4�astewater Services
Redding Rancheria—City of Reddirlg—Master Services Agreement Piage B2
interference; pass thc�ot�gh, or sludge contarnination in C�ty's wastewater
system.
I�. Tribe owns, operates, and maintains, at fts saie cost and expense, all wastewater
lines within the Rancheria Tribal Lands, including the force main between the
Rancheria Tribal Lands shown on Drawing OS'74-1 (incc�rparated into this Master
Seivice Agreement as Exhibit A) and the Clear Creek Wastewater Treatment Plant
Headworks Facility.
l. Notwithsta�ding the abave, the flow meter; sampling station, and shutoff
valve assemblies that are on the end of the f�rce mains are owned,operated,
and rnaintained by City.
SECTIO�2. SERVICE OBLIGATIQNS OF T BE
A, Subject to the conditions set forth in the Master Service Agreement, Tribe agrees
to discharge wastewater and pay fees for service in accordance with this agreement.
B. Prior ta the issuance or approval af any project, development; conditianal use
permit, subdivision; planned development, building perrnit, or any other land use
entitled which may resiilt in the need for � connection to City's wastewater
treatment facilities ar may result in an increase ii1 intensity or change af use of the
wastewater sy�tem, Tribe sl�all submit to City for comment any such connectian,
increase, ar change prior tc, Tribe apprnval af said project,permit, ar entitlement.
1. City may charge a reasonable fee to Tribe far processing any request to
connect to Cit�'s wastewater treatment system or to increase the intensity
of; or change, an existing use.
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 ph�ne numbers, and email addresses of
psrsannel assigned the responsibility of wflrking with des'ignated City
persont�el for the purpose of fulfilling the Master Service Agreement.
2. Develop timely internal Tribal procedures to identify and pravide
nc�tification 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 connectian
fees,flow monitoriilg data,and other applicable charges adopted by the City
Council and Tribe.
Ann�x B—Was#ev�ater Services
Redding Rancheria—City of Redding—Master Services Agreernent Page B3
4, Notify the City of new or changed operations that may impact the c�uality
or quantity of wastewater.
D. Tribe, at the request of City, shall �ooperate in the production and preparation t�f
periodic reports requested by City pertaining to this Annex;and Tribe hereby agrees
ta maintain a11 records relat�ng to this Annex and shall make such recards
immediately availa�le to City for its purposes.
S�CTION 3. CHAl��ES AND PAYMENTS
A_ On behalf of all wastewater users on the Raneheria Tribal Lands, Tribe shall pay to
City when due all applicable sewer service connectic�n impact fees, capacity
charges, monthly service charges and any c�ther fees, charges, and fines in
ac�ordance with City's appraved schedi�le of fees and charges, as adapted from
tirne to time by the City Council. Sewer conr�ection �mpact fees are based on the
water meter size as referenced in Annex A.
B. Tribe shall be responsible for payir�g any ac�ditional treatment-related connection
fees frorn any Rancheria Trik�al Lands expansic���projects that increase Tribe's need
far wastewater treatinent service.
C, Tribe sha11 maintain a service contract with City's IJtility Customer Services. All
Litility services procured thro�.�gh this Master Services Agreement shall`be combined
into one billing. The service contract established with Utility Custamer Services
shali be signed by an authorized representat�ve crf Tribe, and Tribe will be the party
responsible far payment and shall make any requirec�depc�sits.
I). City shall read the master meters mc�nthly and invoice the Tribe based an household
equivalents utilized as determined by the magnetic flow meter and sampler installed
at the Clear Creek F'iant Headworlcs�acilit� and City laboratc�ry analysis ofbilling
pollutants.
1. Delinquencies in payment shall be determined in accordance with billing
policies and practices made appli�able by Utility Customer Services to all
City customers.
2. Tribe slxall be subject ta termination of service for delinquencies under the
same tei�rns and conditions that are made applicabie ali c�ther City
ctistomers.
3. City shall restore service on.ly upon payment i�z fuli of all delinquent
amounts and reconnection fees due for any utility service procured through
City.
Annex B—Wastewa#er Services
Redding Rar�cheria—City of l�edd'rng Master Services Agreement Page B4
4> Notwithstanding the above, City shall not terminate wastewater service
except as permittecl as a remedy in Seetion 6 of this Master Service
Agreernent.
SECTION 4. REGULATORY COMPLIANCE AND ENFflRCEMENT
A. Notwith5tant�ing any other provisions af this Master Service Agreement and this
Annex, the Federal Clean Water Act, as amended, and the California Regional
Water Quality Controi Board requirements,as amended; eannot be waived by City
and, should any eonflict occtar with other provisions of this Agreement, aIl such
state and federallaws shall hold precedence over a11 other pravisions af this Master
Service Agreement and this Annex.
1. The l'arties will review and revise this Agreement to ensure compliance
with state and federal statute and regulations.
B. Prc�hibited discharges includes wastes originating fram trucked ar pumped
operations, including, but not limited to, septic tank or sand, oil or grease
interceptor vvastes, or any waste from outside the Rancheria Tribal Lands, Tribe
shall not permit any s�tcl�waste to enter City's wastewater treatment systen7.
C, Otlier prohibited wastes include any pollutant(s) which cause pass through or
interference with the City's wastewater treatment system. The fallowing pollutants
shall not be il�troduced into the P�TW c�r p�ac�ssed or stared in sueh a manner that
they cc���1� be discharged to th�FQTW:
1. A�7y wastewater containing pollutants, ineludin; oxygen dernanding
pollutants(Bt�D,etc.),released in a discharge at a flcrw rate and/or pollutant
concentrati�n which, either singly or by interactian with other pollutants�
wi1�caus�interference with either the POTW, or any wastewater treatment
or sludge process,c�r which will constitute a hazard to humans or animals.
2. Heat in amounts which will inhibit bic�logical activity in the PC�TW
resulting in interference, but in no case heat in such quantities that the
temperature at a wastewater treatment plant exceeds one hundred fcaur(104)
degrees Fahrenheit or forty (40) degrees Celsius, or any su�bstances havin�
a temperature greater than one hundred fifty (150) degr�es Fahrenheit or
sixty-six (66) degrees Celsius.
3. Any pollutant or other product which, by reason af its nature or quantity,
may cause a fire or explos�on hazard in the POTW, including, but not
limited to, waste streams with a closed-cup flashpoint of less than ane
llundred forty (140) degrees Fahrenheit or sixty {�0) degrees Centigrade
Annex B—Wastewater Services
Redding Rancheria�City of iZedding—Master Sei�vices Agreemer�t Page B5
�ising the test methods specified in 40 CFR 261_21 ar that may in any way
b�injurious to human life or the POTW.
4. Pollutants which will cause corrc�sive,structural damage to the PUTW, but
in no case wastewater with a pH equal �a or less than 6.4 or wastewater
with a pH equal to c�r greater than 12.0,or as a�.ithorized by the city
manager in the user's wastewater discharge permit.
5. Any solid or viscous pollutants in amc�urrts which, either individually,
euinulatrvely, or in combination with other wastes, w�ll cause obstructian
to the flow in the P(?TW, resulting in i�terference.
6. Caoling water or other wastes sufficiently clean to be disposed o�' as
storrnwater in cases where storm drains or natural outlets far stich waters
�X15t.
7: Any pollutant, including, but nc�t limited to; petroleum oil,
nonbiodegradable cutting oil, or prt�ducts c�f tnineral oil in a sufficient
quantity to pass thrc�r.xgh or interfere with the POTW.
8: Any pollutant in a sufficient quantity to pass through the POTW and harm
persons, livestock, or�rowi���plants utilizing the treated wastewaters.
9. Unct�ntarninated stc�rmwater, uncantaminated groundwater; or
uncontam�nated st�rface wat�r.
10. Any pollutant whieh results in the presence of toxic gases;vapors,or fumes
within the PC7TW in a quantity that may cause an acute worker health and
safety pro(�lem.
1 l. Any transported or hauled pollutants, ez�c�pt at di�charge points designatect
by the City.
12. Except where expressly authorized to do so by an applicable pretxeatment
requirement, Tribe shall nat increase the use of process water, or i� any
other way attempt to dilute a discharge as a partial or complete substitute
far adequate treatment to achieve compliance with a pretreatment
requirement.
13. Any wastewater that imparts cal�r which c�annot be removed b� the
treatznent process (such as, but not limited tfl, dye wastes and vegetable
�nnex B—Wastewater Services
Redding Rancheria—City of Redding—Master Services A�reernent Page B6
tanning solutions) and consequently imparts color to the treatrnent plant
effluent, thereby violating the City's NPDES p�rmit. Color in combination
with turbidity shall not cause the tre�tment plant effluent to redi,ace the depth
of the cc�mpensation paint fc�r photosynthetic activity by more than ten{10)
percent from the seasanably established norm for aquatic life.
14, Any wastewater containing any radioactive wastes or isotopes, except as
speeifically approved by the City in cornpliance with applicable state or
federal regulations.
15. Any rnedical waste zn a manner or guantity which is inconsi�tent with the
objectives of pretreatment requirements, this chapter, ar any statute,
regulation, rlile, ordinance, or guidelines established by any public agency
har�ing jurisdiction over said discharges.
16. Any wastewater causing the treatment plant's effluent tc�fail a toxicity test.
17. Any wastes cantainir��detergents,surface active agents,or other substances
which may cause exc�ssive foaming�n the P(�TW.
l$. Any discllarge of fats,o�ls,or greases t�f animal or vegetable origin in excess
of three hundred (300) m�ll, and any discharge af oils and greases of
n�ineral or petroleum origin in excess c�f one hundred (100)mg/l.
19. Noxious or malodoraus liquids, gases, salids, or c�ther wastewater which,
either singly or by interaction with ather wastes, are sufficient to create a
public nl�isance or a hazard to life, or ta prevent entry into the sewers for
rnainten�nce or repair.
20, Wastewater that does not rneet locally derived constituent limitations.
D: Tribe may develc�p Best Management Practices (BMP's�to implement local limits
and the aforementioned prohibited dischar�es.
E. In addition to the indemnity obligations set forth in this Master Service Agreement,
Tribe shall defend, hold harmless, and indemnify City from and against any action
taken l�y state ar federal au�thorities where the subject matter �af said action is a
discharge or sanitary sewer overflow (SSC?} that or'rginates from the Rancheria
Tribal Land� or the Rancheria maintained sewer systern between the Rancheria
Tribal Lands and the Clear Creek Wastewater Treatment Flant.
Annex�—Wastewat�r Servi�es
Redding Rancheria—City c�f Redding—Master Services Agreement Page B�
ANNEX C
SOLII� W�S'TE AND RECYCLING �ERVICES
RECITALS
1. City owns,maintains and operates a solid waste utility.
2. Tribe; in arder ta improve the quality of services to its members and other individuals
residing or doing business on the Rancheria Tribal Lands, wants to purchase solid waste
and recycling services from City.
3. City is willing to pravide solid waste and recycling services to the Rancheria Tribal Lands;
provided that the developments that this service makes pflssible coinplies with certain basic
standards and that the effects of that develop;ment,taking into account both the added costs
and benefits to the Gity, da not aclversely impact City and its residents.
AGREEMENT
SECTION 1. SERVICE 4BLI�ATI�JNS OF CITY
A. City shall provide solid waste and recycling services to the Tribal Health Village
F'roject, located at 18325 Glear Creek Road, Redding,, CA, 96001, in the same
manner and form that it prc�vides such services to e�isting City customers,
B. City si�all provide necessary �oli� �a�te and recycling containers in consultation
with Tribe.
C. City does not �rovide compacting containers, but City can provide services for
compacting contaix�ers that meet the design of city equipment.
SECTIaN 2.SE�2VICE C7►BLIGATI+OI�S QF THE TRIBE
A. Tribe shall construct and maintain solid waste and recy�ling enclosures that provide
necessary access and clearance for City to pick up and haul ar�vay salid waste and
r�cycl�ng from the Rancheria Tribal T�ands.
B. Tribe shall maintain sc�lid waste and recycling containers provided by City.
C. Tribe shall participate in recyciing and diversion effarts to include mixed recycling
and organics(including food waste).
SECTI�N 3. CHARGES'AND PA�'1'�iENTS
A. Tribe shall pay to �ity when due all applicable connection fees, depc�sits; capacity
charges,monthly serVice charges,comrnodity charges, and any other fees, charge�,
and fines in acc�rdance with City's approved Utility rate schedule and schedule
rate charges of fee�, as adopted from time to time by the City Council.
Annex C—Solicl Waste and Recycling Services
Redding Rancheria—City of Reddin�—Master Services Agreement Page C`l
B. Tribe shall rnaintain a service contract with City's Utility Gustorner Services. All
lrtility services procured throughthis Master Services Agreement shall be combined
into one billing. The service contract established with Utility Customer Services
shall be signed by an authc�rized representative of Tribe, anc�Tribe will be the party
responsible for payment and shall make any required deposits.
C. City shall send a bill every month to Tribe for solid waste and reeycling seivices
pravided under this Master Service Agreement,
1. �?elinquencies in payment shall be det�rmined in accardance with billing
palicies and practices made applicable by Utility Custorner Services to all
City customers.
2. City shall restore service c�nly upon payment in fi�ll of` all delinquent
amdunts and reconnection fe�s due for any utility service procured
through Gity.
3. Notwithstanding the above; City shall not terrninate solid waste and
xecycling services except as permitted as a remedy in aection 6 ot this
Master Service Fee Agreement.
Annex C—Solid �Vaste and Recycling Services
Reddinb Rancheria—City of Redding—Master Serv�ces Agreetnent Page C2
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