HomeMy WebLinkAbout06-14-18 Agenda PacketUkiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 1
Item No.:3.a
Date:6/14/18
To:Board of Directors
Subject:Approval of Minutes from the May 10, 2018,Regular Meeting
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
Approval of Minutes from May 10, 2018,Regular Meeting.
Recommended Action:
Approve the May 10, 2018, regular meeting minutes.
Background:
The Agency convened on May 10, 2018.
Fiscal Summary:
N/A
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
501 Low Gap Rd., Rm. 1010 Ukiah California 95482 (707)463-4441 fax (707)463-7237
1:30 P.M. – May 10, 2018
Mendocino County Board of Supervisors Chambers,
501 Low Gap Road, Room 1070, CA 95482
ACTION MINUTES
1. CALL TO ORDER AND ROLL CALL (1:31 P.M.)
Present: Director Alfred White; Director Jerry Cardoza; Alternate Director Elliott, and Chair
Carre Brown. Chair Brown presiding. (Director Zac Robinson, present at. 1:57 pm).
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by: Mr. Chris Watt.
3. CONSENT ITEMS
3(a) Approval of Minutes from the March 13, 2018, Meeting
Presenter/s: Chair Carre Brown.
Board Action: Upon motion by Director Jerry Cardoza, seconded by Director Alfred White, and
carried (4/1/1 with Assistant Director Sonny Elliott abstaining and Director Zac Robinson
absent); IT IS ORDERED that the minutes from the March 13, 2018, Ukiah Valley Groundwater
Sustainability Agency are hereby approved.
4. STAFF UPDATES
Presenter/s: Ms. Sarah Dukett, Senior Administrative Analyst, Mendocino County.
5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Presenter/s: None.
6. ACTION ITEMS
6(a) Discussion and Possible Action Regarding Informational Presentation on the
United States Geological Survey Hydrologic Characterization and Coupled
Watershed and Groundwater Flow Model of he Russian River Watershed
Presenter/s: Mr. Tracy Nishikawa, Reasearch Hydrologist, U.S. Geological Survey (USGS)
Public Comment: Ms. Devon Jones, and Mr. Chris Watt.
Board Action: No action taken.
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
501 Low Gap Rd., Rm. 1010 Ukiah California 95482 (707)463-4441 fax (707)463-7237
6(b) Discussion and Possible Actopm Regarding Update on the Proposition 1
Sustainable Groundwater Planning Grant Solicitation
Presenter/s: Ms. Sarah Dukett, Senior Administrative Analyst, Mendocino County.
Public Comment: None.
Board Action: No action taken.
6(c) Discussion and Possible Action Related to Update on the Development of a
Technical Advisory Committee Memorandum of Understanding
Presenter/s: Ms. Sarah Dukett, Senior Administrative Analyst, Mendocino County.
Public Comment: None.
Board Action: No action taken.
7. DIRECTOR REPORTS
Presenter/s: Ukiah Valley Basin Groundwater Sustainability Agency Directors.
Chair Brown announced that the next meeting of the Ukiah Valley Groundwater Sustainability
Agency will be held on June 14, 2018, at 1:30 P.M.
Public Comment: None.
8. ADJOURNMENT (2:39 P.M.)
________________________________
CARRE BROWN, Chair
Attest: BRANDI BROWN
Secretary
________________________________
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 2
Item No.:6.a
Date:6/14/18
To:Board of Directors
Subject:Discussion and Possible Action Regarding an Agreement with Larry Walker and
Associates in the Amount of $736,400 Effective Upon Date Agreement is Fully
Executed through December 30, 20201, for Phase 2 of the Ukiah Valley
Groundwater Sustainability Plan Development
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Board will review an Agreement with Larry Walker and Associates for Phase 2 of the Ukiah
Valley Groundwater Sustainability Plan Development.
Recommended Action:
1. Provide direction to staff regarding changes to the Agreement.
2. Recommend approval of the Agreement between the Mendocino County Water Agency and
Larry Walker and Associates in the Amount of $736,420 for the Term of June 14, 2018, through
December 30, 2021 for Phase 2 of the Ukiah Valley Groundwater Sustainability Plan
Development to the Mendocino County Water Agency Board of Directors.
Background:
On August 10, 2017, the Board authorized the Mendocino County Water Agency (MCWA) to
apply for the Department of Water Resources Proposition 1 Groundwater Sustainability
Planning Grant. On January 11, 2018, the Board authorized MCWA to issue a request for
proposal (RFP) for the development of the Ukiah Valley Basin Groundwater Sustainability Plan.
On April 11, 2018, MCWA was formally notified by the Department of Water Resources (DWR)
that the grant application was selected for funding. The RFP process resulted in the selection of
Larry Walker and Associates as the vendor for Phase 2 of the Ukiah Valley Groundwater
Sustainability Plan. The contract will be managed by MCWA and funded by the DWR
Proposition 1 grant.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
Fiscal Summary:N/A
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
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Updated 6/8/2018
COUNTY OF MENDOCINO
STANDARD SERVICES AGREEMENT
This Agreement is by and between the COUNTY OF MENDOCINO, hereinafter referred
to as the “COUNTY”, and Larry Walker Associates, hereinafter referred to as the
“CONTRACTOR”.
WITNESSETH
WHEREAS, pursuant to Government Code Section 31000, COUNTY may retain
independent contractors to perform special services to or for COUNTY or any
department thereof; and,
WHEREAS, COUNTY desires to obtain CONTRACTOR for its Phase 2 of the Ukiah
Valley Basin Groundwater Sustainability Plan Development; and,
WHEREAS, CONTRACTOR is willing to provide such services on the terms and
conditions set forth in this AGREEMENT and is willing to provide same to COUNTY.
NOW, THEREFORE it is agreed that COUNTY does hereby retain CONTRACTOR to
provide the services described in Exhibit “A”, and CONTRACTOR accepts such
engagement, on the General Terms and Conditions hereinafter specified in this
Agreement, the Additional Provisions attached hereto, and the following described
exhibits, all of which are incorporated into this Agreement by this reference:
Exhibit A Definition of Services
Exhibit B Payment Terms
Exhibit C Insurance Requirements
Exhibit D Mendocino County ePayables Information
The term of this Agreement shall be from the date this Agreement becomes fully
executed by all parties (the “Effective Date”), and shall continue through December 30,
2021.
The compensation payable to CONTRACTOR hereunder sha ll not exceed Seven
Hundred Thirty Six Thousand Four Hundred Twenty Dollars ($736,420) for the term of
this Agreement.
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IN WITNESS WHEREOF
DEPARTMENT FISCAL REVIEW:
___________________________________
DEPARTMENT HEAD DATE
Budgeted: Yes No
Budget Unit:
Line Item:
Grant: Yes No
Grant No.:
CONTRACTOR/COMPANY NAME
By:
Date:_____________________________
NAME AND ADDRESS OF CONTRACTOR:
Larry Walker Associates
1480 Drew Ave., Suite 100
Davis, CA 95618
COUNTY OF MENDOCINO
By: _____________________________
DAN HAMBURG, Chair
BOARD OF SUPERVISORS
Date:_____________________________
By signing above, signatory warrants and
represents that he/she executed this Agreement in
his/her authorized capacity and that by his/her
signature on this Agreement, he/she or the entity
upon behalf of which he/she acted, executed this
Agreement
ATTEST:
CARMEL J. ANGELO, Clerk of said Board
By: ____________________________
Deputy
I hereby certify that according to the provisions of
Government Code section 25103, delivery of this
document has been made.
CARMEL J. ANGELO, Clerk of said Board
By: __________________________
Deputy
COUNTY COUNSEL REVIEW:
APPROVED AS TO FORM:
KATHARINE L. ELLIOTT,
County Counsel
By:________________________________
Deputy
Date:_____________________________
INSURANCE REVIEW:
By: ______________________________
Risk Management
Date:______________________________
EXECUTIVE OFFICE/FISCAL REVIEW:
By: _________________________________
Deputy CEO
Date:_______________________________
Signatory Authority: $0-25,000 Department; $25,001- 50,000 Purchasing Agent; $50,001+ Board of Supervisors
Exception to Bid Process Required/Completed ___________________
Mendocino County Business License: Valid
Exempt Pursuant to MCC Section: ________________________
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GENERAL TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is
created by this Agreement; it being understood and agreed that CONTRACTOR
is an Independent Contractor. CONTRACTOR is not the agent or employee of
the COUNTY in any capacity whatsoever, and COUNTY shall not be liable for
any acts or omissions by CONTRACTOR nor for any obligations or liabilities
incurred by CONTRACTOR.
CONTRACTOR shall have no claim under this Agreement or otherwise, for
seniority, vacation time, vacation pay, sick leave, personal time off, overtime,
health insurance medical care, hospital care, retirement benefits, social security,
disability, Workers’ Compensation, or unemployment insurance benefits, civil
service protection, or employee benefits of any kind.
CONTRACTOR shall be solely liable for and obligated to pay directly all
applicable payroll taxes (including federal and state income taxes) or
contributions for unemployment insurance or old age pensions or annuities which
are imposed by any governmental entity in connection with the labor used or
which are measured by wages, salaries or other remuneration paid to its officers,
agents or employees and agrees to indemnify and hold County harmless from
any and all liability which COUNTY may incur because of CONTRAC TOR’s
failure to pay such amounts.
In carrying out the work contemplated herein, CONTRACTOR shall comply with
all applicable federal and state workers’ compensation and liability laws and
regulations with respect to the officers, agents and/or employees conducting and
participating in the work; and agrees that such officers, agents, and/or employees
will be considered as Independent Contractors and shall not be treated or
considered in any way as officers, agents and/or employees of COUNTY.
CONTRACTOR does, by this Agreement, agree to perform his/her said work and
functions at all times in strict accordance with all applicable federal, state and
County laws, including but not limited to prevailing wage laws, ordinances,
regulations, titles, departmental procedures and currently approved methods and
practices in his/her field and that the sole interest of COUNTY is to ensure that
said service shall be performed and rendered in a competent, efficient, timely
and satisfactory manner and in accordance with the standards required by the
County agency concerned.
Notwithstanding the foregoing, if the COUNTY determines that pursuant to state
and federal law CONTRACTOR is an employee for purposes of income tax
withholding, COUNTY may upon two (2) week’s written notice to
CONTRACTOR, withhold from payments to CONTRACTOR hereunder federal
and state income taxes and pay said sums to the federal and state governments.
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2. INDEMNIFICATION: To the furthest extent permitted by law (including without
limitation California Civil Code sections 2782 and 2782.8, if applicable), Contractor
shall assume the defense of, indemnify, and hold harmless the COUNTY, its
officers, agents, and employees, from and against any and all claims, demands,
damages, costs, liabilities, and losses whatsoever to the extent alleged to be
occurring or resulting in connection with the CONTRACTOR’S performance or its
obligations under this AGREEMENT, unless arising out of the sole negligence or
willful misconduct of COUNTY. “CONTRACTOR’S performance” includes
CONTRACTOR’S action or inaction and the action or inaction of
CONTRACTOR’S officers, employees, agents and subcontractors.
3. INSURANCE AND BOND: CONTRACTOR shall at all times during the term of
the Agreement with the COUNTY maintain in force those insurance policies and
bonds as designated in the attached Exhibit C, and will comply with all those
requirements as stated therein.
4. WORKERS’ COMPENSATION: CONTRACTOR shall provide Workers'
Compensation insurance, as applicable, at CONTRACTOR's own cost and
expense and further, neither the CONTRACTOR nor its carrier shall be entitled to
recover from COUNTY any costs, settlements, or expenses of Workers'
Compensation claims arising out of this Agreement.
CONTRACTOR affirms that s/he is aware of the provisions of Section 3700 of
the California Labor Code which requires every employer to be insured against
liability for the Workers’ Compensation or to undertake self -insurance in
accordance with the provisions of the Code and CONTRACTOR further assures
that s/he will comply with such provisions before commencing the performance of
work under this Agreement. CONTRACTOR shall furnish to COUNTY
certificate(s) of insurance evidencing Worker’s Compensation Insurance
coverage to cover its employees, and CONTRACTOR shall require all
subcontractors similarly to provide Workers’ Compensation Insurance as
required by the Labor Code of the State of California for all of CONTRACTOR’S
and subcontractors’ employees.
5. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, CONTRACTOR shall
observe and comply with all applicable laws, ordinances, codes and
regulations of governmental agencies, including federal, state, municipal,
and local governing bodies, having jurisdiction over the scope of services,
including all applicable provisions of the California Occupational Safety
and Health Act. CONTRACTOR shall indemnify and hold COUNTY
harmless from any and all liability, fines, penalties and consequences from
any of CONTRACTOR’s failures to comply with such laws, ordinances,
codes and regulations.
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b. Accidents: If a death, serious personal injury or substantial property
damage occurs in connection with CONTRACTOR’s performance of this
Agreement, CONTRACTOR shall immediately notify Mendocino County
Risk Manager's Office by telephone. CONTRACTOR shall promptly
submit to COUNTY a written report, in such form as may be required by
COUNTY of all accidents which occur in connection with this Agreement.
This report must include the following information: (1) name and address
of the injured or deceased person(s); (2) name and address of
CONTRACTOR's sub-contractor, if any; (3) name and address of
CONTRACTOR's liability insurance carrier; and (4) a detailed description
of the accident and whether any of COUNTY's equipment, tools, material,
or staff were involved.
c. CONTRACTOR further agrees to take all reasonable steps to preserve all
physical evidence and information which may be relevant to the
circumstances surrounding a potential claim, while maintaining public
safety, and to grant to the COUNTY the opportunity to review and inspect
such evidence, including the scene of the accident.
6. PAYMENT: For services performed in accordance with this Agreement, payment
shall be made to CONTRACTOR as provided in Exhibit “B” hereto as funding
permits.
If COUNTY over pays CONTRACTOR for any reason, CONTRACTOR agrees to
return the amount of such overpayment to COUNTY, or at COUNTY’s option,
permit COUNTY to offset the amount of such overpayment against future
payments owed to CONTRACTOR under this Agreement or any other
agreement.
In the event CONTRACTOR claims or receives payment from COUNTY for a
service, reimbursement for which is later disallowed by COUNTY, State of
California or the United States Government, the CONTRACTOR shall promptly
refund the disallowance amount to COUNTY upon request, or at its option
COUNTY may offset the amount disallowed from any payment due or that
becomes due to CONTRACTOR under this Agreement or any other agreement.
7. TAXES: Payment of all applicable federal, state, and local taxes shall be the
sole responsibility of the CONTRACTOR.
8. OWNERSHIP OF DOCUMENTS: CONTRACTOR hereby assigns the COUNTY
and its assignees all copyright and other use rights in any and all proposals,
plans, specification, designs, drawings, sketches, renderings, models, reports
and related documents (including computerized or electronic copies) respecting
in any way the subject matter of this Agreement, whether prepared by the
COUNTY, the CONTRACTOR, the CONTRACTOR’s subcontractors or third
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parties at the request of the CONTRACTOR (collectively, “Documents and
Materials”). This explicitly includes the electronic copies of all above stated
documentation.
CONTRACTOR shall be permitted to retain copies, including reproducible copies
and computerized copies, of said Documents and Materials. CONTRACTOR
agrees to take such further steps as may be reasonably requested by COUNTY
to implement the aforesaid assignment. If for any reason said assignment is not
effective, CONTRACTOR hereby grants the COUNTY and any assignee of the
COUNTY an express royalty – free license to retain and use said Documents and
Materials. The COUNTY’s rights under this paragraph shall apply regardless of
the degree of completion of the Documents and Materials and whether or not
CONTRACTOR’s services as set forth in Exhibit “A” of this Agreement have been
fully performed or paid for.
The COUNTY’s rights under this Paragraph 8 shall not extend to any computer
software used to create such Documents and Materials.
9. CONFLICT OF INTEREST: The CONTRACTOR covenants that it presently has
no interest, and shall not have any interest, direct or indirect, which would conflict
in any manner with the performance of services required under this Agreement.
10. NOTICES: All notices, requests, demands, or other communications under this
Agreement shall be in writing. Notices shall be given for all purposes as follows:
Personal delivery: When personally delivered to the recipient, notices are
effective on delivery.
First Class Mail: When mailed first class to the last address of the recipient
known to the party giving notice, notice is effective three (3) mail delivery days
after deposit in a United States Postal Service office or mailbox. Certified Mail:
When mailed certified mail, return receipt requested, notice is effective on
receipt, if delivery is confirmed by a return receipt.
Overnight Delivery: When delivered by overnight delivery (Federal
Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges
prepaid or charged to the sender’s account, notice is effective on delivery, if
delivery is confirmed by the delivery service.
Facsimile transmission: When sent by facsimile to the facsimile number of the
recipient known to the party giving notice, notice is effective on receipt, provided
that, (a) a duplicate copy of the notice is promptly given by first -class or certified
mail or by overnight delivery, or (b) the receiving party delivers a written
confirmation of receipt. Any notice given facsimile shall be deemed received on
the next business day if it is received after 5:00 p.m. (recipient’s time) or on a
non-business day.
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Addresses for purpose of giving notice are as follows:
To COUNTY: COUNTY OF MENDOCINO
501 Low Gap Road, Room 1010
Ukiah, CA 95482
Attn: Sarah Dukett
To CONTRACTOR: Larry Walker Associates
1480 Drew Ave., Suite 100
Davis, CA 95618
ATTN: Brian Laurenson
Any correctly addressed notice that is refused, unclaimed, or undeliverable
because of an act or omission of the party to be notified shall be deemed
effective as of the first date that said notice was refused, unclaimed, or deemed
undeliverable by the postal authorities, messenger, or overnight delivery service.
Any party may change its address or facsimile number by giving the other party
notice of the change in any manner permitted by this Agreement.
11. USE OF COUNTY PROPERTY: CONTRACTOR shall not use County property
(including equipment, instruments and supplies) or personnel for any purpose
other than in the performance of his/her obligations under this Agreement.
12. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS:
CONTRACTOR certifies that it will comply with all Federal, State, and local laws,
rules and regulations pertaining to nondiscrimination in employment.
a. CONTRACTOR shall, in all solicitations or advertisements for applicants
for employment placed as a result of this Agreement, state that it is an
“Equal Opportunity Employer” or that all qualified applicants will receive
consideration for employment without regard to their race, creed, color,
pregnancy, disability, sex, sexual orientation, gender identity, ancestry,
national origin, age, religion, Veteran’s status, political affiliation, or any
other factor prohibited by law.
b. CONTRACTOR shall, if requested to so do by the COUNTY, certify that it
has not, in the performance of this Agreement, engaged in any unlawful
discrimination.
c. If requested to do so by the COUNTY, CONTRACTOR shall provide the
COUNTY with access to copies of all of its records perta ining or relating to
its employment practices, except to the extent such records or portions of
such records are confidential or privileged under State or Federal law.
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d. Nothing contained in this Agreement shall be construed in any manner so as
to require or permit any act which is prohibited by law.
e. The CONTRACTOR shall include the provisions set forth in this paragraph
in each of its subcontracts.
13. DRUG-FREE WORKPLACE: CONTRACTOR and CONTRACTOR's employees
shall comply with the COUNTY’s policy of maintaining a drug-free workplace.
Neither CONTRACTOR nor CONTRACTOR's employees shall unlawfully
manufacture, distribute, dispense, possess or use controlled substances, as
defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroi n,
cocaine, and amphetamines, at any COUNTY facility or work site. If
CONTRACTOR or any employee of CONTRACTOR is convicted or pleads nolo
contendere to a criminal drug statute violation occurring at a County facility or
work site, the CONTRACTOR, within five days thereafter, shall notify the head of
the County department/agency for which the contract services are performed.
Violation of this provision shall constitute a material breach of this Agreement.
14. ENERGY CONSERVATION: CONTRACTOR agrees to comply with the
mandatory standards and policies relating to energy efficiency in the State of
California Energy Conservation Plan, (Title 24, California Administrative Code).
15. COMPLIANCE WITH LICENSING REQUIREMENTS: CONTRACTOR shall
comply with all necessary licensing requirements and shall obtain appropriate
licenses and display the same in a location that is reasonably conspicuous, as
well as file copies of same with the County Executive Office.
Before the COUNTY will issue a notice to proceed with the Services,
CONTRACTOR and any subcontractors must acquire, at their expense, a
business license from County in accordance with MCC 6.0. Such licenses must
be kept valid throughout the Agreement term.
CONTRACTOR represents and warrants to COUNTY that CONTRACTOR and
its employees, agents, and any subcontractors have all licenses, permits,
qualifications, and approvals of whatsoever nature that are legally required to
practice their respective professions.
16. AUDITS; ACCESS TO RECORDS: The CONTRACTOR shall make available to
the COUNTY, its authorized agents, officers, or employees, for examination any
and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and
other records or documents evidencing or relating to the expenditures and
disbursements charged to the COUNTY, and shall furnish to the COUNTY, within
sixty (60) days after examination, its authorized agents, officers or employees
such other evidence or information as the COUNTY may require with regard to
any such expenditure or disbursement charged by the CONTRACTOR.
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The CONTRACTOR shall maintain full and adequate records in accordance with
County requirements to show the actual costs incurred by the CONTRACTOR in
the performance of this Agreement. If such books and records are not kept and
maintained by CONTRACTOR within the County of Mendocino, California,
CONTRACTOR shall, upon request of the COUNTY, make such books and
records available to the COUNTY for inspection at a location within County or
CONTRACTOR shall pay to the COUNTY the reasonable, and necessary costs
incurred by the COUNTY in inspecting CONTRACTOR’s books and records,
including, but not limited to, travel, lodging and subsistence costs. CONTRACTOR
shall provide such assistance as may be reasonably required in the course of such
inspection. The COUNTY further reserves the right to examine and reexamine said
books, records and data during the four (4) year period following termination of this
Agreement or completion of all work hereunder, as evidenced in writing by the
COUNTY, and the CONTRACTOR shall in no event dispose of, destroy, alter, or
mutilate said books, records, accounts, and data in any manner whatsoever for four
(4) years after the COUNTY makes the final or last payment or within four (4) years
after any pending issues between the COUNTY and CONTRACTOR with respect
to this Agreement are closed, whichever is later.
17. DOCUMENTS AND MATERIALS: CONTRACTOR shall maintain and make
available to COUNTY for its inspection and use during the term of this Agreement,
all Documents and Materials, as defined in Paragraph 8 of this Agreement.
CONTRACTOR’s obligations under the preceding sentence shall continue for four
(4) years following termination or expiration of this Agreement or the completion of
all work hereunder (as evidenced in writing by COUNTY), and CONTRACTOR
shall in no event dispose of, destroy, alter or mutilate said Documents and
Materials, for four (4) years following the COUNTY’s last payment to
CONTRACTOR under this Agreement.
18. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this
Agreement that specify a time for performance; provided, however, that the
foregoing shall not be construed to limit or deprive a party of the benefits of any
grace or use period allowed in this Agreement.
19. TERMINATION: The COUNTY has and reserves the right to suspend, terminate
or abandon the execution of any work by the CONTRACTOR without cause at
any time upon giving to the CONTRACTOR notice. Such notice shall be in
writing and may be issued by any county officer authorized to execute or amend
the contract, the County Chief Executive Officer, or any other person designated
by the County Board of Supervisors. In the event that the COUNTY should
abandon, terminate or suspend the CONTRACTOR’s work, the CONTRACTOR
shall be entitled to payment for services provided hereunder prior to the effective
date of said suspension, termination or abandonment. Said payment shall be
computed in accordance with Exhibit B hereto, provided that the maximum
amount payable to CONTRACTOR for its Phase 2 of the Ukiah Valley Basin
Groundwater Sustainability Plan Development shall not exceed $736,420
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payment for services provided hereunder prior to the effective date of said
suspension, termination or abandonment or lack of funding.
20. NON APPROPRIATION: If COUNTY should not appropriate or otherwise make
available funds sufficient to purchase, lease, operate or maintain the products set
forth in this Agreement, or other means of performing the same functions of such
products, COUNTY may unilaterally terminate this Agreement only upon thirty
(30) days written notice to CONTRACTOR. Upon termination, COUNTY shall
remit payment for all products and services delivered to COUNTY and all
expenses incurred by CONTRACTOR prior to CONTRACTOR’S receipt of the
termination notice.
21. CHOICE OF LAW: This Agreement, and any dispute arising from the
relationship between the parties to this Agreement, shall be gover ned by the laws
of the State of California, excluding any laws that direct the application of another
jurisdiction’s laws.
22. VENUE: All lawsuits relating to this contract must be filed in Mendocino County
Superior Court, Mendocino County, California.
23. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy
contained in or granted by the provisions of this Agreement shall be effective
unless it is in writing and signed by the party waiving the breach, failure, right or
remedy. No waiver of any breach, failure, right or remedy shall be deemed a
waiver of any other breach, failure, right or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
24. ADVERTISING OR PUBLICITY: CONTRACTOR shall not use the name of
County, its officers, directors, employees or agents, in advertising or publicity
releases or otherwise without securing the prior written consent of COUNTY in
each instance.
25. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and
any other documents specifically incorporated into this Agreement, shall
constitute the entire agreement between COUNTY and CONTRACTOR relating
to the subject matter of this Agreement. As used herein, Agreement refers to
and includes any documents incorporated herein by reference and any exhibits
or attachments. This Agreement supersedes and merges all previous
understandings, and all other agreements, written or oral, between the parties
and sets forth the entire understanding of the parties regarding the subject matter
thereof. This Agreement may not be modified except by a written document
signed by both parties. In the event of a conflict between the body of this
Agreement and any of the Exhibits, the provisions in the body of this Agreement
shall control.
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26. HEADINGS: Herein are for convenience of reference only and shall in no way
affect interpretation of this Agreement.
27. MODIFICATION OF AGREEMENT: This Agreement may be supplemented,
amended or modified only by the mutual agreement of the parties. No
supplement, amendment or modification of this Agreement shall be binding
unless it is in writing and signed by authorized representatives of both parties.
28. ASSURANCE OF PERFORMANCE: If at any time the COUNTY has good
objective cause to believe CONTRACTOR may not be adequately performing its
obligations under this Agreement or that CONTRACTOR may fail to complete the
Services as required by this Agreement, COUNTY may request from
CONTRACTOR prompt written assurances of performance and a written plan
acceptable to COUNTY, to correct the observed deficiencies in CONTRACTOR’s
performance. CONTRACTOR shall provide such written assurances and written
plan within thirty (30) calendar days of its rece ipt of COUNTY’s request and shall
thereafter diligently commence and fully perform such written plan.
CONTRACTOR acknowledges and agrees that any failure to provide such
written assurances and written plan within the required time is a material breach
under this Agreement.
29. SUBCONTRACTING/ASSIGNMENT: CONTRACTOR shall not subcontract,
assign or delegate any portion of this Agreement or any duties or obligations
hereunder without the COUNTY’s prior written approval.
a. Neither party shall, on the basis of this Agreement, contract on behalf of or
in the name of the other party. Any agreement that violates this Section
shall confer no rights on any party and shall be null and void.
b. Only the department head or his or her designee shall have the authori ty
to approve subcontractor(s).
c. CONTRACTOR shall remain fully responsible for compliance by its
subcontractors with all the terms of this Agreement, regardless of the
terms of any agreement between CONTRACTOR and its subcontractors.
30. SURVIVAL: The obligations of this Agreement, which by their nature would
continue beyond the termination on expiration of the Agreement, including
without limitation, the obligations regarding Indemnification (Paragraph 2),
Ownership of Documents (Paragraph 8), and Conflict of Interest (Paragraph 9),
shall survive termination or expiration for two (2) years.
31. SEVERABILITY: If a court of competent jurisdiction holds any provision of this
Agreement to be illegal, unenforceable, or invalid in whole or in part for any
reason, the validity and enforceability of the remaining provisions, or portions of
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them, will not be affected, unless an essential purpose of this Agreement would be
defeated by the loss of the illegal, unenforceable, or invalid provision.
32. INTELLECTUAL PROPERTY WARRANTY: CONTRACTOR warrants and
represents that it has secured all rights and licenses necessary for any and all
materials, services, processes, software, or hardware (“CONTRACTOR
PRODUCTS”) to be provided by CONTRACTOR in the perf ormance of this
AGREEMENT, including but not limited to any copyright, trademark, patent, trade
secret, or right of publicity rights. CONTRACTOR hereby grants to COUNTY, or
represents that it has secured from third parties, an irrevocable license (or
sublicense) to reproduce, distribute, perform, display, prepare derivative works,
make, use, sell, import, use in commerce, or otherwise utilize CONTRACTOR
PRODUCTS to the extent reasonably necessary to use the CONTRACTOR
PRODUCTS in the manner contemplated by this agreement.
CONTRACTOR further warrants and represents that it knows of no allegations,
claims, or threatened claims that the CONTRACTOR PRODUCTS provided to
COUNTY under this Agreement infringe any patent, copyright , trademark or other
proprietary right. In the event that any third party asserts a claim of infringement
against the COUNTY relating to a CONTRACTOR PRODUCT, CONTRACTOR
shall indemnify and defend the COUNTY pursuant to Paragraph 2 of this
AGREEMENT.
In the case of any such claim of infringement, CONTRACTOR shall either, at its
option, (1) procure for COUNTY the right to continue using the CONTRACTOR
Products; or (2) replace or modify the CONTRACTOR Products so that that they
become non-infringing, but equivalent in functionality and performance.
33. ELECTRONIC COPIES:
The parties agree that an electronic copy, including facsimile copy, email, or
scanned copy of the executed Agreement, shall be deemed, and shall have the
same legal force and effect as, an original document.
34. COOPERATION WITH COUNTY
Contractor shall cooperate with County and County staff in the performance of all
work hereunder.
35. PERFORMANCE STANDARD
Contractor shall perform all work hereunder in a manner consistent with the level
of competency and standard of care normally observed by a person practicing in
Contractor's profession. County has relied upon the professional ability and
training of Contractor as a material inducement to enter into this Agreement.
Contractor hereby agrees to provide all services under this Agreement in
13
accordance with generally accepted professional practices and standards of
care, as well as the requirements of applicable Federal, State, and local laws, it
being understood that acceptance of Contractor's work by County shall not
operate as a waiver or release. If County determines that any of Contractor's
work is not in accordance with such level of competency and standard of care,
County, in its sole discretion, shall have the right to do any or all of the following:
(a) require Contractor to meet with County to review the quality of the work and
resolve matters of concern; (b) require Contractor to repeat the work at no
additional charge until it is satisfactory; (c) terminate this Agreement pursuant to
the provisions of paragraph 19 (Termination) or (d) pursue any and all other
remedies at law or in equity.
[END OF GENERAL TERMS AND CONDITIONS]
14
EXHIBIT A
DEFINITION OF SERVICES
CONTRACTOR shall provide the following services:
Task 1 – Program Management and Client Coordination
The LWA team PM will provide overall project management, including:
DWR Grant management
Oversight for all task assignments
Day-to-day contact for the project
W orking closely with the Technical Task Leads to ensure that the work meets
overall project needs and is completed on schedule and within budget
Coordinate and communicate with UVBGSA
Subcontractor coordination
Quality control and consistency
Status updates
Chris Peterson (GEI Consultants) is the registered Professional Geologist (PG) expected
to oversee geologic investigations that are required to be signed and sealed by a PG.
Brian Laurenson (LWA) and Tom Grovhoug (LWA) are the registered Professional
Engineers (PE) overseeing engineering investigations that are required to be signed and
sealed by a PE. Depending on staff availability, LWA may mutually agree with UVBGSA
to change this project oversight.
Deliverables:
Monthly invoices and progress reports
DWR quarterly reports
Task 2 – Facilitation and Outreach
The LWA team will develop an efficient communication plan that will support the
coordination of all the outreach activities and properly document the required meetings to
comply with DWR needs. The estimated number of meetings is as follows:
Six UVBGSA meetings per year (on-site in the project area) and six meetings
(via conference call) for a total of twelve per year
Up to four public meetings at key milestones over the project life
Up to twelve total DAC, tribal, and specific stakeholder (e.g.; Farm Bureau; City
Council) on-site meetings to be defined in the final Communication Plan
Upon project initiation, LWA will prepare the Communication Plan that includes the initial
meeting schedule and communication methods and tools for stakeholder engagement.
The Communication Plan will lay out the rationale and content for meetings through the
performance of the project. To the extent possible, the timing of meetings will be
coordinated to maximize the efficient allocation of resources by UVBGSA and the project
15
team. The final number of meetings will be established in the Communication Plan that
is approved by UVBGSA. If mutually agreed by LWA and the UVBGSA, the
Communication Plan may be modified throughout the course of the project to provide
efficiency and clarity for meetings and deliverable products within the available budget.
Deliverables:
Communications Plan (CommPlan)
Meeting agendas and notes
Public affairs materials
Task 3 – Maintain DMS, Develop Long Term Strategy
Subtask 3.1 Develop a Data Management Plan
Subtask 3.2 Design and build a groundwater data management system (DMS)
Subtask 3.3 Compile and Review Information to Populate the DMS
Deliverables:
Data Management Plan
Operational DMS
Inventory of digital time series and spatial data
Task 4 – Data Gap Analysis (100% completed by others)
The work for this task is considered 100% completed and only 8 hours to review the
available information and to provide comments to the TAC are budgeted.
Task 5 -– Monitoring Protocol Manual Development (100% completed)
The work for this task has been 100% completed in Phase 1 and only 8 hours for review
and to provide comments to the TAC are budgeted.
Deliverables:
Recommended edits to Monitoring Protocol Manual
Task 6 – Historical and Current Conditions
Identify and address undesirable results using the final water budget
Document results and provide for TAC review
Update the MODFLOW-2005 model, only if requested, to include more data on
the streamflow network
Incorporate into the existing MODFLOW model the results produced by UCD
during Phase 1 for the preliminary water budget
Support the GSA with the application for DWR Technical Support Services
Grant to support new data collection
Perform a final calibration using readily available data. The report will document
historical and current groundwater conditions.
16
Deliverables:
Final documentation of historical and current groundwater conditions
Task 7 – Hydrogeologic Conceptual Model (HCM)
Use the DMS system and soil textural data with geologic structural information
to project the geologic layering and populate the 3D tool
Use at least two (2) cross-sections to display the thickness and extent of
aquifers, potential confining beds, and barriers to flow
Use the cross-sections to accurately represent groundwater conditions including
recharge and discharge areas in each part of the basin to GSP stakeholders
and the public
Demonstrate visually where the pumping is occurring and f rom which principal
aquifers
Identify where aquifers outcrop at or near ground surface and identify these
areas as potential storm water capture recharge areas
Prepare a technical report documenting the “State of the Basin” r esulting from
the compilation, review, and interpretation of groundwater basin information
evaluated in Task 7
Provide the UVBGSA with additional work regarding characterization of water
quality, update of aquifer stratigraphy based on data collected by US GS,
delineation of existing and potential recharge and discharge areas, analysis of
surface water beneficial uses and water supply sources including locating
sources and points of diversions
Deliverables:
Hydrogeologic Conceptual Model Technical Memorandum
Task 8 – Historical Water Budget
Review the MODFLOW-2005 model prepared in Phase 1 with the goal of
understanding groundwater/surface water interactions within the UVB and to
develop a complete water budget.
Use water budget results developed during Phase 1 and incorporated into the
MODFLOW model in Task 6 to assess groundwater/surface water interaction
and the long term historical water budget for the basin.
Determine, based on review and discussion with the TAC and the UVBGSA, if
the MODFLOW -2005 model needs to be updated and integrated into a
GSFLOW model.
Deliverables:
Presentation of main results through maps and graphics, to be used in meetings
with the UVBGSA and the public
Task 9 – Document HCM and Historical Water Budget
Summarize results of Task 8 and 9 in a technical report.
17
Include comments provided by the TAC after the review of the HCM and the
historical water budget in the report.
Create a separate report to describe the development and calibration of the
MODFLOW -2005 model.
Deliverables:
Draft and Final Phase 2 Technical Reports: HCM, Historical Water Budget, and
Model Calibration
Task 10 – Develop Future Baseline Water Budget
Develop actual and future baseline conditions based on discussion with the
UVBGSA.
Discuss need for a coupled surface water/groundwater model such as the
GSFLOW model that USGS is developing for the entire Russian river watershed
to properly assess future surface water availability. If determined to be needed,
develop the model for a time frame established by the UVBGSA and perform
transient simulations for the historical and future conditions.
Interact with the Sonoma County Water Agency to agree upon data and
assumptions that will affect the simulations of boundary fluxes between the two
basins].
Interact with the TAC regarding the development of future scenarios
Deliverables:
Future Baseline Water Budget Technical Memorandum
TAC Presentation
Documentation of TAC review and response to comments
Task 11 – MODFLOW Alternatives Evaluation
Design water management scenarios through discussions with the UVBGSA
Use the MODFLOW -2005 model (or the GSFLOW model) to run simulations of
the scenarios
Develop graphical materials to facilitate discussion of the alternative results
Deliverables:
TAC Presentation
Alternatives Analysis Technical Memorandum
Documentation of TAC review and comments
Task 12 – Develop Sustainability Goals and Measurable Objectives
Develop draft goals and objectives and define sustainability indicators consistent
with DWR guidance
Draft a resolution of support for UVBGSP
Discuss possible issues and conflicts with the stakeholder groups
18
Deliverables:
Presentations and briefings on opportunities, issues and conflicts, purpose and
need, goals and objectives
Draft and final resolution of support of UVBGSP for consideration by
stakeholders
Task 13 – Inventory and Review Plans, Projects, Programs, and Policies
Review all current existing water related plans including:
o The Ukiah Valley Area Plan;
o Integrated Agriculture Needs and Management in the Mendocino County
Portion of the Russian River Watershed;
o Coyote Valley Dam Operations Manual;
o Preliminary Viability Assessment of Lake Mendocino Forecast Informed
Reservoir Operations;
o Coyote Valley Dam Reservoir Storage Reliability Report
o Dependable Yield of Mendocino Lake; and
o Minimum Flow Requirements for Environmental Flows (Decision 1610).
Provide an analysis of gaps in plans, needs for integration
Deliverables:
Memorandum summarizing inventory and review of existing management plans
and measures
Briefings and presentations
Task 14 – Review Groundwater and Related Resources Management Measures
Present and discuss feasible water management measures
Design measures following DWR BMPs suggestions
Rank the measures using defined screening criteria.
Interact and discuss results with the UVBGSA and stakeholder groups
Deliverables:
Management Strategy Memorandum, including screening criteria, work group
findings and recommendations
Briefings and presentations
Task 15 – Integrate Management Strategies, Define Alternatives
Use the groundwater model to simulate and evaluate selected alternatives
Compare results to the baseline
Identify and describe undesirable results
Develop a cost/benefit analysis for presentation and discussion
Deliverables:
Preferred Alternative Project Memorandum
19
Briefings, presentations and notes of UVBGSA, committee, and work group
meetings
Task 16 – Financial Evaluation
Review and develop funding and revenue alternative s for presentation and
discussion
Present results at meetings and develop a funding strategy program based on
feedback from UVBGSA.
Deliverables:
Funding Alternatives Technical Memorandum
Task 17 – Develop UVBGSP Implementation Plan
Identify regional priorities for implementation and identify short-term and long-
term milestones
Demonstrate that GSP implementation spans a 50-year planning horizon and
that sustainability goals will be achieved in 20 years.
Develop project and program actions and schedules
Develop draft and final agreements
Develop a technical memorandum describing the implementation plan
Deliverables:
Implementation Plan Technical Memorandum
Task 18 – Prepare Administrative Draft, Public Draft, and Final UVBGSP
Summarize and compile key work developed in previous tasks and produce
draft UVBGSP
Obtain comments by UVBGSA members prior to the release of the public draft
Facilitate meetings to review the public draft.
Prepare the final UVBGSP for adoption at a UVBGSA meeting
Deliverables:
Administrative Draft UVBGSP
Public Review Draft UVBGSP
Meeting presentation materials for two UVBGSA meetings to consider public
review draft
[END OF DEFINITION OF SERVICES]
20
EXHIBIT B
PAYMENT TERMS
Task Cost
Task 1 – Program Management and Client Coordination $93,200
Task 2 – Facilitation and outreach $97,452
Task 3 – Maintain DMS, Develop Longs Term Strategy $74,470
Task 4 – Data Gap Analysis (100% completed) $2,400
Task 5 -– Monitoring Protocol Manual Development (100% completed $2,400
Task 6 – Historical and current conditions $36,600
Task 7 – Hydrogeologic Conceptual Model (HCM) $32,430
Task 8 – Historical Water Budget $39,100
Task 9 – Document HCM and Historical Water Budget $40,630
Task 10 – Develop future baseline water budget $84,900
Task 11 – MODFLOW alternatives evaluation $40,500
Task 12 – Develop Sustainability Goals and Measurable Objectives $27,650
Task 13 – Inventory and Review Plans, Projects, Programs, and policies $14,700
Task 14 – Review Groundwater and Related Resources management
Measures
$26,700
Task 15 – Integrate Management Strategies, Define Alternatives $45,288
Task 16 – Financial Evaluation $22,700
Task 17 – Develop UVBGSP Implementation Plan $15,200
Task 18 – Prepare Administrative Draft, Public Draft, and Final UVBGSP $40,100
Total $736,420
Travel expenses must receive prior authorization from the County and are reimbursed at
the State travel rate pursuant to the County’s Grant Agreement with the Department of
Water Resources.
Contractor will submit invoices no more than once every thirty (30) days, detailing the
specific services provided and clearly explaining any incidental charges. Invoices will be
reviewed by the department within seven (7) days.
[END OF PAYMENT TERMS]
21
EXHIBIT C
INSURANCE REQUIREMENTS
Insurance coverage in a minimum amount set forth herein shall not be construed
to relieve CONTRACTOR for liability in excess of such coverage, nor shall it
preclude COUNTY from taking such other action as is available to it under any
other provisions of this Agreement or otherwise in law. Insurance requirements
shall be in addition to, and not in lieu of, Contractor’s indemnity obligations under
Paragraph 2 of this Agreement.
CONTRACTOR shall furnish to COUNTY certificates of insurance with
Automobile Liability/General Liability Endorsements evidencing at a minimum the
following:
a. Combined single limit bodily injury liability and property damage liability -
$1,000,000 each occurrence.
b. Vehicle / Bodily Injury combined single limit vehicle bodily injury and
property damage liability - $500,000 each occurrence.
[END OF INSURANCE REQUIREMENTS]
22
EXHIBIT D
MENDOCINO COUNTY EPAYABLES INFORMATION
The County of Mendocino is currently making credit card payments to all of our vendors
and suppliers who qualify. To qualify, vendors need to currently accept credit card
payments. To achieve this more efficient form of payment, the County has partnered
with Bank of America and their ePayables credit card program. This electronic initiative
will yield many benefits to its participants:
Expedited receipt of cash – electronic credit card payments provide cash flow
benefits by eliminating mail and paper check float
Elimination of check processing costs
Remittance data transmitted with payment for more efficient back-end reconciliation
No collection costs associated with lost or misplaced checks
Reduced exposure to check fraud
More efficient handling of exception items
Fits with existing accounting software – requires no purchase of software, no
modifications to existing accounts receivable system and no change to bank
accounts.
Going green with paperless electronic credit card payments help conserve the
environment by eliminating printing and mailing of paper checks.
For information regarding the payment process, please contact Margaret Yates
yatesm@mendocinocounty.org or 707-234-6869.
Additional information regarding the Bank of America Program is also available at:
http://corp.bankofamerica.com/business/ci/landing/epayables-vendors?cm_mmc=sb-
general-_-vanity-_-sg01vn000r_epayablesvendors-_-na
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 1
Item No.:6.b
Date:6/14/18
To:Board of Directors
Subject:Discussion and Possible Adoption of the Proposed Fiscal Year 2018-19
Budget
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Joint Powers Agreement (JPA) requires that the Agency adopt a budget pursuant to the
schedule and provisions described below. The Board should review the current financial status
and consider the proposed FY 2018-2019 budget of adoption.
Recommended Action:
Adopt the Proposed Fiscal Year 2018-19 Budget.
Background:
Section 15.1 requires within (90) days after the first meeting of the Governing Board of the
Agency and thereafter prior to the commencement of each fiscal year (July 1st), the Board of
Directors adopt a budget for the Agency for the ensuing fiscal year.
The Trust Account FY 2017-18 yearend balance is projected to be $15,000. FY 2018-19
appropriates $9,900 of the Trust Account for the administration of the UVBGSA.
Fiscal Summary:$9,900
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
UVBGSA Proposded FY 2018-2019 Budget
Line Item Amount Comments
Revenue
Other Govt Aid 0
Other 0
Grant Revenue 0
Fees 0
Membership Dues (15,000)FY 17-18 trust account carryforward
Total Revenues (15,000)
Administrative Services
DCOB 2,000 provided by Mendocino County - records management/publicans/agendas
Analyst 5,000 provided by Mendocino County - administration
Total Administrative Services 7,000
Services & Supplies
Communications 100 public noticing
Insurance - General 0
Maint - Equip 0
Memberships 0
Office Expense 300
Education & Training 0
Prof/Spec Svcs - Other 2,000 legal services
Rent/Lease Equip 0
Small Tool/Instrument 0
Spec Dept Expense 500 reserved for unexpected expenses
Travel 0
Total Services & Supplies 2,900
Fixed Assets
Equipment 0
Total Fixed Assets 0
Other Charges 0
Pmt Other Gov Agency 0
Total Other Charges 0
Total FY 18-19 Expenditures 9,900
Remaining Trust Account Total (5,100)
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 2
Item No.:6.C
Date:6/14/18
To:Board of Directors
Subject:Discussion and Possible Appointment of Members to the Technical Advisory
Committee Representing the Ukiah Valley Basin Groundwater Sustainability Agency
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Board will review the proposed Board appointments to the Technical Advisory Committee
for approval.
Recommended Action:
Appoint Technical Advisory Committee members representing each seat on the Ukiah Valley
Basin Groundwater Sustainability Agency.
Background:
On March 8, 2017, the Board approved a Memorandum of Understanding for the Ukiah Valley
Basin Technical Advisory Committee (TAC) to the Groundwater Sustainability Agency. Section
3.1 authorizes one regular and one alternate member from each of the UVBGSA members:
County of Mendocino, City of Ukiah, Upper Russian River Water Agency, Russian River Flood
Control and Water Conservation Improvement District, Tribal Seat and Agricultural Seat. Each
Board member has submitted names to be appointed to the TAC. Some organizations only a
member is being appointed at this time and the alternate seats will come back at a later date for
approval. The following individuals are being recommended:
Agency Member Alternate
County of Mendocino Glenn McGourty Sarah Dukett
City of Ukiah Sean White Tim Eriksen
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
Upper Russian River Water
Agency
Tamara Alaniz
Russian River Flood Control Tamara Alaniz
Tribal Sonny Elliot, Jr.
Agriculture Levi Paulin Zachary Robinson
Fiscal Summary: N/A
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________