HomeMy WebLinkAbout12.15.21 Board Packet UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
340 Lake Mendocino Dr. Ukiah California 95482 (707)463-4363 fax (707)463-5474
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN that the Ukiah Valley Basin Groundwater Sustainability
Agency (“Agency”) Board of Directors (“Board”) will hold its regular Board Meeting at:
6:00 P.M. - Wednesday, December 15, 2021
Zoom Link:
https://mendocinocounty.zoom.us/j/87173146602?pwd=dVVwdUVrbnhKVHkvbUg1cVphRFp
Wdz09
Meeting ID: 871 7314 6602
Phone: +1 669 900 9128
Passcode: 393612
UVBGSA Board meetings will be conducted virtually and not available for in person public participation
pursuant to the provisions of Government Code section 54953 and the recommendation of the Mendocino
County Health Officer.
The public may participate digitally in meetings by sending comments to uvbgsa@mendocinocounty.org or
by clicking the link above to join the Zoom meeting, in lieu of personal attendance.
All email comment must be received by 8:00 A.M. the morning of the meeting in order to be published
online prior to the meeting.
AGENDA
1.CALL TO ORDER AND ROLL CALL
a.Discussion and Possible Action Including Adoption of Resolution
of the Ukiah Valley Basin Groundwater Sustainability Agency
Finding that State or Local Officials Continue to Recommend
Measures to Promote Social Distancing in Connection with
Public Meetings
2.PLEDGE OF ALLEGIANCE
3.CONSENT ITEMS
a.Approval of Minutes from the November 10, 2021 Meeting
4.Action Items
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
340 Lake Mendocino Dr. Ukiah California 95482 (707)463-4363 fax (707)463-5474
a. Noticed Public Hearing – Discussion and Possible Action
Including Adoption of Resolution Adopting the Ukiah Valley
Basin Groundwater Sustainability Plan
Recommended Action: Adopt resolution adopting the Ukiah Valley Basin
Groundwater Sustainability Plan.
b. Discussion and Possible Action Including Formation of an Ad
Hoc Committee to Evaluate the Proposals to Perform
Administrative Duties for the Ukiah Valley Basin Groundwater
Sustainability Agency
Recommended Action: Form an Ad-Hoc Committee to review proposals to
perform administrative duties for the UVBGSA.
c. Approval of Agreement with Mendocino County Resource
Conservation District, in the Amount of $11,184, to Perform
Spring 2022 Groundwater Elevation Monitoring; and Authorize
Fiscal Year 2021/22 Budget Adjustment in the Amount of $11,184
for Spring 2022 Groundwater Elevation Monitoring
Recommended Action: Approve agreement with Mendocino County
Resource Conservation District, in the Amount of $11,184, to Perform
Spring 2022 Groundwater Elevation Monitoring; and authorize Fiscal
Year 2021/22 budget adjustment in the amount of $11,184 for Spring 2022
Groundwater Elevation Monitoring.
5. DIRECTOR REPORTS
6. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The Board will receive public comments on items not appearing on the agenda and
within the subject matter jurisdiction of the Agency. The Board will not enter into
a detailed discussion or take any action on any items presented during public
comments. Such items may only be referred to staff for administrative action or
scheduled on a subsequent agenda for discussion. Persons wishing to speak on
specific agenda items should do so at the time specified for those items. The
presiding Chair shall limit public comments to three minutes.
7. ADJOURNMENT
The Ukiah Valley Basin Groundwater Sustainability Agency complies with ADA requirements and upon
request, will attempt to reasonably accommodate individuals with disabilities by making meeting material
available in appropriate alternative formats (pursuant to Government Code Section 54953.2). Anyone
requiring reasonable accommodation to participate in the meeting should contact the Mendocino County
Department of Transportation by calling (707) 463-4363 at least 5 days prior to the meeting.
Please reference the Mendocino County website to obtain additional information for the Ukiah Valley Basin
Groundwater Sustainability Agency: http://www.mendocinocounty.org/uvbgsa
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 2
Item No.: 1.a
Date: 12/15/21
To: Board of Directors
Subject: Discussion and Possible Action Including Adoption of Resolution of the Ukiah Valley
Basin Groundwater Sustainability Agency Finding that State or Local Officials
Continue to Recommend Measures to Promote Social Distancing in Connection with
Public Meetings
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
Pursuant to Assembly Bill 361, the Ukiah Valley Basin Groundwater Sustainability Agency
is required to reconsider the circumstances of the emergency and make a finding of
whether state or local officials continue to recommend social distancing measures. This
finding must be renewed every thirty (30) days if any member(s) of the Board will be
participating from a location not open to the public. Mendocino County Health Officer
Dr. Andrew Coren made such a recommendation on September 29, 2021, which continues
to be in place as of the time of agenda publication. Staff has prepared the attached draft
resolution, containing the required findings, for the Board’s consideration and approval.
Recommended Action:
Adopt resolution finding that State or Local Officials continue to recommend measures
to promote social distancing in connection with public meetings.
Background:
Beginning in March 2020, amid rising concern surrounding the spread of COVID-19
throughout communities in the state, California Governor Gavin Newsom issued a series
of Executive Orders aimed at containing the novel coronavirus. These Executive Orders
(N-25-20, N-29-20, N-35-20) collectively modified certain requirements created by the
Ralph M. Brown Act (“the Brown Act”), the state’s local agency public meetings law.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
Assembly Bill 361 provides local agencies with the ability to meet remotely during
proclaimed state emergencies under modified Brown Act requirements, similar in many
ways to the rules and procedures established by the Governor’s Executive Orders. AB
361’s provisions can only be used in the event that a gubernatorial state of emergency 1)
has been issued AND 2) remains active. It is not sufficient that county and/or city officials
have issued a local emergency declaration – the emergency declaration must be one that
is made pursuant to the California Emergency Services Act (CA GOVT § 8625).
This means that, during a state of emergency, under specified circumstances, AB 361
provides local agencies the flexibility to meet remotely during a proclaimed emergency
pursuant to modified Brown Act requirements.
Fiscal Summary:
None.
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
RESOLUTION NO. 21-02
1
RESOLUTION OF THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
FINDING THAT STATE OR LOCAL OFFICIALS CONTINUE TO RECOMMEND MEASURES
TO PROMOTE SOCIAL DISTANCING IN CONNECTION WITH PUBLIC MEETINGS
WHEREAS, all meetings of the Ukiah Valley Basin Groundwater Sustainability Agency
are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code §§ 54950 – 54963),
so that any member of the public may attend, participate, and view the legislative bodies conduct
their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for
remote teleconferencing participation in meetings by members of a legislative body, without
compliance with the requirements of Government Code section 54953(b)(3), subject to the
existence of certain conditions; and
WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of a State of
Emergency declaring a state of emergency exists due to the outbreak of respiratory illness due
to a novel coronavirus (a disease now known as COVID-19), pursuant to the California
Emergency Services Act (Government Code section 8625) and that State of Emergency is still in
effect in the State of California; and
WHEREAS, as of the date of this Resolution, neither the Governor nor the state
Legislature have exercised their respective powers pursuant to Government Code section 8629
to lift the state of emergency either by proclamation or by concurrent resolution the state
Legislature; and
WHEREAS, the California Department of Industrial Relations has issued regulations
related to COVID-19 Prevention for employees and places of employment. Title 8 of the California
Code of Regulations, Section 3205(c)(5)(D) specifically recommends physical (social) distancing
as one of the measures to decrease the spread of COVID-19 based on the fact that particles
containing the virus can travel more than six feet, especially indoors; and
WHEREAS, the Mendocino County Public Health Officer continues to recommend
teleconferencing during public meetings of all legislative bodies to protect the community’s health
against the spread of COVID-19, based in part on the continued increased safety protection that
physical/social distancing provides as one means by which to reduce the risk of COVID-19
transmission; and
WHEREAS, the Ukiah Valley Basin Groundwater Sustainability Agency finds that state or
local officials have imposed or recommended measures to promote social distancing based on
the Mendocino County Public Health Officer recommendation and the California Department of
Industrial Relations’ issuance of regulations related to COVID-19 Prevention through Title 8 of the
California Code of Regulations, Section 3205(c)(5)(D); and
WHEREAS, as a consequence, the Ukiah Valley Basin Groundwater Sustainability
Agency does hereby find that current conditions meet the circumstances set for in Government
Code section 54953(e)(3) to allow this legislative body to conduct its meetings by teleconferencing
without compliance with Government Code section 54953 (b)(3), pursuant to Section 54953(e),
and that such legislative body shall comply with the requirements to provide the public with access
to the meetings as prescribed by Government Code section 54953(e)(2) to ensure the public can
safely participate in and observe local government meetings.
RESOLUTION NO. 21-02
2
NOW, THEREFORE, BE IT RESOLVED by the Ukiah Valley Basin Groundwater
Sustainability Agency, as follows:
SECTION 1. RECITALS.
All of the above recitals are true and correct and are incorporated into this Resolution by this
reference.
SECTION 2. STATE OR LOCAL OFFICIALS CONTINUE TO RECOMMEND MEASURES TO
PROMOTE SOCIAL DISTANCING IN CONNECTION WITH PUBLIC MEETINGS.
The Ukiah Valley Basin Groundwater Sustainability Agency finds that State or local officials
continue to recommend measures to promote social distancing pursuant to Government Code
section 54953(e)(3) to allow legislative bodies to use teleconferencing to hold public meetings in
accordance with Government Code section 54953(e)(2) to ensure members of the public have
continued access to safely observe and participate in local government meetings.
SECTION 3. REMOTE TELECONFERENCE MEETINGS.
The Ukiah Valley Basin Groundwater Sustainability Agency is hereby authorized to take all
actions necessary to carry out the intent and purpose of this Resolution including, conducting
open and public meetings in accordance with Government Code section 54953(e)(2) and other
applicable provisions of the Brown Act.
SECTION 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution introduced by____________, seconded by
___________, and carried this _____ of ________________ 2021, by the Ukiah Valley Basin
Groundwater Sustainability Agency, by the following vote:
AYES:
NO:
ABSENT:
ABSTAIN:
WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED.
______________________________
Glenn McGourty, Chair
Ukiah Valley Basin Groundwater Sustainability Agency
______________________________
Alfred White, Secretary
Ukiah Valley Basin Groundwater Sustainability Agency
Public Health Department
of Mendocino County
Healthy People, Healthy Communities Andy Coren, MD, County Health Officer
1
Recommendation Regarding Continued Remote Public Meetings of Governmental
Bodies
September 29, 2021
In light of the continued state of emergency related to COVID-19, as the County Health
Officer, I recommend that public bodies continue to meet remotely to the extent possible.
This recommendation is made due to the continued threat of COVID-19 to this community
with the ongoing surge in cases and deaths experienced since the Labor Day holiday, the
current county vaccination rate, and a concern for continued risk during the upcoming
holidays. Additionally, I make this recommendation based on the unique characteristics of
public governmental meetings (such as the increased mixing associated with bringing people
together from across the community, the need to enable those who are immunocompromised
or unvaccinated to be able to safely continue to fully participate in such governmental
meetings, and the challenges with fully ascertaining and ensuring compliance with
vaccination and other safety recommendations at such meetings), and the continued
increased safety protection that physical/social distancing provides as one means by which to
reduce the risk of COVID-19 transmission.
Therefore, I strongly recommend teleconferencing through online meetings as this type of
meeting presents the lowest risk of transmission of SARS-CoV-2, and allows for the
participation of the community, local agency staff, presenters, and local agency governing
bodies in a safe environment, with no risk of contagion.
I will continue to evaluate this recommendation on an ongoing basis, paying particular
attention to the pandemic stage of our community. I will communicate when there is no longer
such a recommendation with respect to meetings for public bodies.
____________________________ Dated: September 29, 2021
Dr. Howard A. Coren, M.D.,
Mendocino County Health Officer
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 1
Item No.: 3.a
Date: 12/15/21
To: Board of Directors
Subject: Approval of Minutes from the November 10th, 2021 Meeting
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
Approval of Minutes from November 10th, 2021 Meeting.
Recommended Action:
Approve the November 10th, 2021 Minutes.
Background:
The Agency convened on November 10th, 2021.
Fiscal Summary: No fiscal impact.
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
340 Lake Mendocino Dr. Ukiah California 95482 (707)463-4363 fax (707)463-5474
Action Minutes – November 10, 2021
AGENDA ITEM NO. 1. CALL TO ORDER AND ROLL CALL (1:33 P.M.)
Present: Directors Glen McGourty, Alfred White, Ross LaRue, and Zachary Robinson. Chair
McGourty presiding.
Absent: Director Douglas Crane and Director Eddie Nevarez.
Mendocino County Staff Present: Howard Dashiell, Director of Transportation; Amber Fisette,
Deputy Director of Transportation; Michael Harrigan, Environmental Compliance Specialist;
Nicole French, Department Analyst II.
Public Attendees: M. Katy Janes, Marisa Perez-Reyes, Deborah Edelman, Elizabeth Salomone, D.
Cobb, Jim Sullivan, Amir Mani, Emily Finnegan, Kristin Pringle, Laura Foglia, Chris Watt, Devon
Jones, and Paul Zellman.
AGENDA ITEM NO. 1A. DISCUSSION AND POSSIBLE ACTION INCLUDING
ADOPTION OF RESOLUTION OF THE UKIAH VALLEY BASIN GROUNDWATER
SUSTAINABILITY AGENCY FINDING THAT STATE OR LOCAL OFFICIALS
CONTINUE TO RECOMMEND MESAURES TO PROMOTE SOCIAL DISTANCING IN
CONNECTION WITH PUBLIC MEETINGS
Presenter: Amber Fisette.
Public Comment: None.
Board Action: Upon motion by Director White, seconded by Director Robinson, and carried
unanimously (4/2, with Directors Crane and Nevarez absent); IT IS ORDERED that the
Resolution finding that State or Local Officials continue to recommend measures to promote
social distancing in connection with public meetings is adopted.
AGENDA ITEM NO. 2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by: Michael Harrigan.
AGENDA ITEM NO. 3. CONSENT ITEMS
Presenter: Chair McGourty.
Public Comment: None.
Board Action: Upon motion by Director White, seconded by Director LaRue, and carried
unanimously (4/2, with Directors Crane and Nevarez absent); IT IS ORDERED that Consent
Calendar items 4(a) is hereby approved as follows:
a. Approval of Minutes from the August 13, 2021 Meeting.
Board Action: Upon motion by Director LaRue, seconded by Director White, and carried
unanimously (4/2, with Directors Crane and Nevarez absent); IT IS ORDERED that Consent
Calendar items 4(b) is hereby approved as follows:
b. Approval of Minutes from the October 21, 2021 Meeting.
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
340 Lake Mendocino Dr. Ukiah California 95482 (707)463-4363 fax (707)463-5474
AGENDA ITEM NO. 4A. PRESENTATION FROM STANTEC CONSULTING SERVICES,
INC., AND DISCUSSION ON THE COMMUNICATION AND ENGAGEMENT PLAN
UPDATE AND PLANNED STAKEHOLDER INTERVIEWS
Presenter: Marisa Perez-Reyes.
Public Comment: None.
Board Action: No action taken.
AGENDA ITEM NO. 4B. RECEIVE REPORTS FROM DIRECTORS AND HAVE
FURTHER DISCUSSION ON MEMBER AGENCY CONTRIBUTION COMMITMENTS
Presenters: Director LaRue, Director White, and Amber Fisette.
Public Comment: None.
Board Action: No action taken.
AGENDA ITEM NO. 4C. REVIEW OF PROPOSAL FROM LARRY WALKER
ASSOCIATES FOR PREPARATION OF THE GROUNDWATER SUSTAINABILITY PLAN
FIRST ANNUAL REPORT; CONSIDERATION OF RECOMMENDATION TO THE
MENDOCINO COUNTY BOARD OF SUPERVISORS AN AMENDMENT TO BOARD OF
SUPERVISORS AGREEMENT NUMBER 18-104, WITH LARRY WALKER AND
ASSOCIATES, TO PREPARE THE REPORT; AND AUTHORIZATION OF BUDGET
ADJUSTMENT, IN THE AMOUNT OF UP TO $15,000, TO REIMBURSE
MENDOCINO COUNTY FOR THE COST OF THE AMENDMENT TO THE AGREEMENT
Presenter: Laura Foglia.
Public Comment: None.
Board Action: Upon motion by Director White, seconded by Director LaRue, and carried
unanimously (4/2, with Directors Crane and Nevarez absent); IT IS ORDERED that the Ukiah
Valley Basin Groundwater Sustainability Agency Board of Directors recommends to the
Mendocino County Board of Supervisors(BOS) an Amendment to BOS Agreement No. 18-104,
with LWA, to prepare the Groundwater Sustainability Plan first annual report and authorize a
budget adjustment, in the amount of up to $15,000, to reimburse Mendocino County for the cost
of the amendment to the Agreement.
AGENDA ITEM NO. 4D. DISCUSSION AND POSSIBLE DIRECTION TO STAFF ON
COST PROPOSALS FROM MENDOCINO COUNTY RESOURCE CONSERVATION
DISTRICT FOR QUARTERLY AND MONTHLY GROUNDWATER ELEVATION
MONITORING
Presenters: Amber Fisette, Deborah Edelman, Laura Foglia,and Amir Mani.
Public Comment: Elizabeth Salomone, Devon Jones, and Paul Zellman.
General Consensus of the Board: direction to staff is given to pursue a contract through the end
of County Fiscal Year 2021/2022 with the Mendocino County Resource Conservation District
monthly for monitoring on CASGEM wells, quarterly monitoring on instrumented non-CASGEM
wells; and look into options for the future if funding is available for more frequent data collection.
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
340 Lake Mendocino Dr. Ukiah California 95482 (707)463-4363 fax (707)463-5474
AGENDA ITEM NO. 4E. DISCUSSION AND POSSIBLE DIRECTION TO STAFF
REGARDING THE DEPARTMENT OF WATER RESOURCES’ URBAN AND
MULTIBENEFIT DROUGHT RELIEF GRANT PROGRAM
Presenters: Amber Fisette, Laura Foglia.
Public Comment: Elizabeth Salomone and Paul Zellman.
By Order of the Chair: formation of an ad hoc committee composed of Chair McGourty to work
with Elizabeth Salomone, Amber Fisette, and other to be determined partners, for the purpose of
gathering information on grants.
AGENDA ITEM NO. 5. DIRECTORS REPORTS
Presenters: Board of Directors and Amber Fisette.
Public Comment: Elizabeth Salomone.
General Consensus of the Board: direction to staff to agendize the meeting time for the December
UVBGSA Board of Directors meeting for 5:30 P.M.
AGENDA ITEM NO. 6. PUBLIC COMMENTS ON ITEMS NOT ON THE
AGENDA
Presenter: Chair McGourty.
Public Comment: Elizabeth Salomone.
Board Action: No action taken.
AGENDA ITEM NO. 7. ADJOURNMENT (3:26 P.M.)
________________________________
Glenn McGourty, Chair
Attest: Secretary
________________________________
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 2
Item No.: 4.a
Date: 12/15/21
To: Board of Directors
Subject: Noticed Public Hearing – Discussion and Possible Action Including Adoption of
Resolution Adopting the Ukiah Valley Basin Groundwater Sustainability Plan
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Board of Directors of the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA)
will hold a noticed public hearing to consider the adoption of a Groundwater Sustainability Plan
(GSP) covering the Ukiah Valley Basin (DWR Bulletin 118, Groundwater Basin 1-52) under the
Sustainable Groundwater Management Act (Water Code 10720-10737.8) (the “Act”). The Act
authorizes a local agency overlying a groundwater basin to serve as a groundwater sustainability
agency for that basin. The UVBGSA overlies all portions of the Ukiah Valley Basin. The Board of
Directors will consider all written and oral comments and objections regarding adoption of the
above referenced groundwater sustainability plan.
Recommended Action:
Adopt resolution adopting the Ukiah Valley Basin Groundwater Sustainability Plan.
Background:
On June 15, 2017, the UVBGSA became a groundwater sustainability agency for all portions of
the Ukiah Valley Basin in order to sustainably manage the groundwater resources. The Act
authorizes a groundwater sustainability agency to adopt and implement a groundwater
sustainability plan. A groundwater sustainability plan, titled “Ukiah Valley Basin Groundwater
Sustainability Plan,” has been developed and is available for download at
https://www.mendocinocounty.org/government/affiliated-agencies/ukiah-valley-basin-
gsa/groundwater-sustainability-plan. The boundary of the Ukiah Valley Basin is described in the
groundwater sustainability plan and also can be found on the Department of Water Resources’
website at https://gis.water.ca.gov/app/bbat/.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
Fiscal Summary:
None.
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
Resolution No. 2021-003
1
RESOLUTION OF THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
ADOPTING THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY PLAN
WHEREAS, in 2014, the California Legislature adopted, and the Governor signed into law,
the Sustainable Groundwater Management Act (SGMA), which went into effect on January 1,
2015 and has been amended from time-to-time thereafter; and
WHEREAS, the stated purpose of SGMA, as set forth in California Water Code Section
10720.1, is to provide for the sustainable management of groundwater basins at the local level
by providing local groundwater agencies with the authority and technical and financial assistance
necessary to sustainably manage groundwater; and
WHEREAS, SGMA requires designation of groundwater sustainability agencies (GSAs)
for the purpose of achieving groundwater sustainability through the adoption and implementation
of one or more groundwater sustainability plans (GSPs) in all basins designated by the
Department of Water Resources (DWR) as a medium or high priority, including Ukiah Valley Basin
(Groundwater Basin 1-52); and
WHEREAS, following a Noticed Public Hearing, the Ukiah Valley Basin Groundwater
Sustainability Agency (UVBGSA) was formed as a GSA on June 15, 2017, for the purpose of
sustainably managing the groundwater in the Ukiah Valley Basin, within its jurisdictional
boundaries, pursuant to the requirements of SGMA; and
WHEREAS, on July 12, 2018, UVBGSA submitted an Initial Notification to DWR on behalf
of its members to jointly develop a single GSP for the Ukiah Valley Basin; and
WHEREAS, on July 19, 2021, sent the Notice of Intent to Adopt a Groundwater
Sustainability Plan pursuant to Water Code Section 10728.4; and
WHEREAS, UVBGSA developed a Draft GSP and opened a public review and comment
period from August 16, 2021 to September 24, 2021; and
WHEREAS, UVBGSA received numerous comments from the public on the Draft GSP,
reviewed and prepared responses to comments, and revised the Draft GSP; and
WHEREAS, on November 22, 2021, UVBGSA made the Final Draft of the GSP available
for viewing on its website and at the agency office; and
WHEREAS, on December 1, 2021, and on December 8, 2021, UVBGSA published a
Notice of Public Hearing in the Ukiah Daily Journal pursuant to Government Code Section 6066,
setting the public hearing and adoption date for the Final GSP for 6:00 P.M., Wednesday,
December 15, 2021; and
WHEREAS, on December 15, 2021, the UVBGSA Board of Directors held a public hearing
to consider public comments on and the adoption of the Final GSP.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Ukiah Valley
Basin Groundwater Sustainability Agency, as follows:
1. All of the above recitals are true and correct and are incorporated into this Resolution
by this reference.
Resolution No. 2021-003
2
2.The Ukiah Valley Basin Groundwater Sustainability Agency hereby adopts the Final
Ukiah Valley Basin Groundwater Sustainability Plan, attached hereto as Exhibit A.
3.The Ukiah Valley Basin Groundwater Sustainability Agency hereby authorizes the
Chair of the Board of Directors and the Plan Manager to take such actions as may be
reasonably necessary to submit the Final Ukiah Valley Basin Groundwater
Sustainability Plan to California Department of Water Resources, as required, by
January 31, 2022.
4.Pursuant to Water Code Section 10728.6, the California Environmental Quality Act
does not apply to the preparation and adoption of a groundwater sustainability plan.
5.This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution introduced by____________, seconded by
___________, and carried this _____ of ________________ 2021, by the Ukiah Valley Basin
Groundwater Sustainability Agency, by the following vote:
AYES:
NO:
ABSENT:
ABSTAIN:
WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED.
_________________________________
Glenn McGourty, Board Chair
Ukiah Valley Basin Groundwater Sustainability
Agency
______________________________
Alfred White, Secretary
Ukiah Valley Basin Groundwater Sustainability
Agency
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 2
Item No.: 4.b
Date: 12/15/21
To: Board of Directors
Subject: Discussion and Possible Action Including Formation of an Ad Hoc Committee to
Evaluate the Proposals to Perform Administrative Duties for the Ukiah Valley Basin
Groundwater Sustainability Agency
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
Request for Proposal (RFP) No. UVBGSA 21-01 was issued on November 22, 2021, to procure
the services of a professional firm or qualified individual to provide administrative services for
the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA). It is expected that the
best qualified firm or individual will serve as the UVBGSA’s General Manager and support
implementation of the UVBGSA’s Groundwater Sustainability Plan (GSP) through the
application of organizational infrastructure and management practices (meeting management,
staffing, record keeping, financial management, etc.). The due date for proposals is January 4,
2022, and a three-member evaluation panel will be needed to review and rate the proposals. It
is recommended the Board form an Ad Hoc Committee, comprised of three Director(s), Ad Hoc
Member(s), and/or Member Agency staff, to serve as the evaluation panel and to report back
and make recommendations to the Board regarding the ranking of proposals.
Recommended Action:
Form an Ad-Hoc Committee to review proposals to perform administrative duties for the
UVBGSA.
Background:
Article 6.1 of the UVBGSA By-Laws titled “Collaborative Management”, grants the UVBGSA
Board the authority to adopt staffing solutions as it determines appropriate to meet the Agency’s
needs, provided they are consistent with the terms of the Joint Powers Agreement (JPA).
Article 13.4 of the JPA allows the UVBGSA to contract with private entities for various services
to accomplish the purposes of the Agency, subject to approval of the Board of Directors.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
Fiscal Summary:
The five-year budget projection developed to determine the funding needs of the UVBGSA,
assumed an annual average of approximately $50,000 for general administration of the Agency.
This estimate was used in calculating the member contribution requests of $68,750 annually.
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
UKIAH VALLEY BASIN GROUNDWATER
SUSTAINABILITY AGENCY
340 LAKE MENDOCINO DRIVE UKIAH, CA 95482 (707) 234-2838
fisettea@mendocinocounty.org
REQUEST FOR PROPOSAL (RFP)
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
ADMINISTRATIVE SERVICES
RFP No. UVBGSA 21-01
RFP Issue Date: November 22, 2021
RFP Submission Deadline: January 4, 2022
Issued by: Amber Fisette
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
Administrative Services Page 2 RFP No. UVBGSA 21-01
REQUEST FOR PROPOSAL
ADMINISTRATIVE SERVICES
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
RFP No. UVBGSA 21-01
RFP Issue Date: November 22, 2021
RFP Submission Deadline: January 4, 2022
I. INTENT
This Request for Proposal (RFP) announces the intent of the Ukiah Valley Basin
Groundwater Sustainability Agency (UVBGSA) to procure the services of a professional
firm or qualified individual, with experience managing and administering public
agencies, to provide general management and administrative services in support of the
implementation of the Ukiah Valley Basin Groundwater Sustainability Plan. It is
expected that the qualified firm or individual will serve as the UVBGSA’s General
Manager and provide these services through the implementation of organizational
infrastructure and management practices (meeting management, staffing, record
keeping, financial management, etc.) that support the UVBGSA in complying with
California Senate Bills 1168 and 1319, and California Assembly Bill 1739 (collectively,
the “Sustainable Groundwater Management Act” or “SGMA”), and the regulations
promulgated thereunder.
II. DEFINITIONS
UVBGSA – The Ukiah Valley Basin Groundwater Sustainability Agency.
VENDOR – A person, partnership, firm, corporation, or joint venture submitting a
proposal to obtain a UVBGSA contract.
CONTRACTOR – A vendor who signs a contract with the UVBGSA to perform services.
III. PROPOSAL SUBMISSION GUIDELINES
A. Vendors must submit four (4) copies of their proposal: three (3) complete paper
copies with original Vendor signature, and one (1) complete copy on CD. The
proposal must be formatted in accordance with the instructions of this RFP.
Promotional materials may be attached, but are not necessary and will not be
considered as meeting any of the requirements of this RFP. Proposals must be
enclosed in a sealed envelope or package, clearly marked “UVBGSA RFP No. 21-
01”, and delivered by 2:00 p.m. January 4, 2022 to:
UVBGSA
340 Lake Mendocino Drive
Ukiah, CA 95482
Attn: Amber Fisette
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
Administrative Services Page 3 RFP No. UVBGSA 21-01
Late or facsimile proposals will not be accepted. It is the proposer’s
responsibility to assure that its proposal is delivered and received at the location
specified herein, on or before the date and hour set. Proposals received after the
date and time specified will not be considered. Note: The unauthorized use of
the UVBGSA’s official logo is strictly prohibited.
B. Proposers are required to submit with their proposal:
• Attachment A – Proposal Summary and Statement of Responsibility (Signature
Page)
• Attachment B – Proposal Checklist/Table of Contents
• Executive summary of proposal
• Scope of services
• Company background and experience
• Proposal cost plan and narrative (as identified in Section XIII)
• Attachment C – Exceptions to RFP
• Attachment D – Letters of Reference
• Attachment E – Certificate of Non-collusion
• Insurance coverage/certificate of insurance
• Acknowledgement of receipt of addenda, if applicable.
C. Proposers are expected to examine all provisions, specifications, and instructions
included in this RFP. Failure to do so will be at the proposer’s risk.
D. All prices and proposals must be typed or written in ink. No erasures are permitted.
Errors may be crossed out; corrections may be printed in ink or typed adjacent to
the error and initialed in ink by the person authorized to sign the bid. Facsimile,
telephone, electronic or verbal proposals will not be accepted.
E. Prices shall be stated in the format as requested herein. Where indicated, vendor
shall provide unit of issue and cost per unit. In the event of a discrepancy between
the unit price and the extended price for any item, the unit price shall prevail.
F. All proposals must be dated and signed by a representative authorized to enter into
contracts for the proposing vendor.
G. All proposals will remain in effect and legally binding for at least 90 days from the
opening date.
H. Expenses incurred in preparation of the proposal, site visits, or any other actions
related to responding to this RFP shall be the responsibility of the vendor. Any and
all damages that may occur due to packaging or shipping of the proposal will be the
sole responsibility of the vendor.
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I. All proposals, response inquiries, or correspondence relating to or in reference to
this RFP, and all reports, charts, displays, schedules, exhibits and other
documentation submitted by vendor shall become the property of the UVBGSA.
J. Time when stated as a number of days shall include Sundays through Saturdays,
excluding legal holidays.
K. Vendor must examine all information and materials contained in and accompanying
its proposal. Failure to do so will be at the vendor's risk. This will include, but not be
limited to, all relevant laws and regulations of the State of California and the United
States Government.
L. If proposed, the UVBGSA reserves the right to obtain equipment items through its
own purchase programs.
M. This service has been selected to be made available for use by other local
government agencies (piggy-back). The use of the contract, by the other
government agencies, will be optional. Sales to these governmental agencies by
the Contractor shall be optional. If bidders choose to extend prices offered on this
proposal to other governmental agencies, any resulting contract will be solely
between the supplier and the third party unit of government. UVBGSA shall not be
responsible for any problems which may arise between other government agencies
and the contractor as a result of any sales and/or purchases made.
N. The UVBGSA encourages all vendors to participate in our ePayables program as
our preferred payment method. The UVBGSA’s ePayables program is designed to
provide the highest level of efficiency and service to our vendors ensuring that
payments are received in a timely cost efficient manner (please refer to Attachment
G- Sample UVBGSA Contract ).
IV. PRE-SUBMITTAL INQUIRIES AND POINTS OF CONTACT
A. Pre-submittal inquires and correspondence shall be directed to:
Amber Fisette
(707) 234-2838
fisettea@mendocinocounty.org
B. All questions regarding this RFP shall be submitted in writing (Email or Fax is
acceptable).
C. The questions and answers will be provided by the UVBGSA in writing, in the form
of an addendum to all known interested vendor(s) after the inquiry deadline. If any
addenda are issued by the UVBGSA, they shall be sent via facsimile and/or first
class U.S. mail to the last known business address of each vendor known to have
received a copy of this RFP. Vendors must include in their proposals
acknowledgement of receipt of any and all addenda issued.
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D. The deadline for submitting written inquiries regarding this RFP is indicated in
Section VI SCHEDULE OF ACTIVITIES.
E Questions submitted after the inquiry deadline will not be answered. Only answers
to questions communicated by formal written addenda will be binding.
F. UVBGSA requires that other UVBGSA management and employees not be
contacted by Vendors during the RFP process. Failure to comply with this
requirement may disqualify those proposals from further consideration.
Contact is limited to the UVBGSA RFP Representatives listed above for any
and all technical and procedural inquiries.
V. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS
A. A proposal that is in the possession of the UVBGSA may only be altered by letter or
facsimile bearing the signature or name of the Vendor’s authorized representative,
provided it is received prior to the deadline for submission of proposals.
Telephone, email or verbal alterations will not be accepted.
B. A proposal that is in the possession of the UVBGSA may be withdrawn by the
proposer up to the time of the deadline for submission of proposals.
VI. SCHEDULE OF ACTIVITIES
The UVBGSA intends to progress in this procurement in a series of orderly steps. The
schedule that follows has been developed in order to provide adequate information for
Vendors to prepare definitive Proposals and to permit UVBGSA to fully consider various
factors that may affect its decision. This schedule is subject to change at the
discretion of the UVBGSA. The UVBGSA will provide sufficient advance notice to
vendors in the event of schedule changes.
Scheduled Activity Proposed Date
Letter of interest and Request for Proposals mailed to
prospective proposers
November 22, 2021
Inquiry Deadline December 14, 2021
RFP Submission Deadline January 4, 2022
Interviews (if applicable) January 11, 2022
RFP Selection and Notification January 18, 2021
UVBGSA Board Approval of Recommendation(s) February 10, 2022
Approximate Contract Start Date February 10, 2022
VII. SELECTION PROCESS
A. The UVBGSA reserves the sole right to judge the contents of the Vendors’
proposals. The selection process will be governed by the following criteria:
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1. The proposals must adhere to the instructions and format as specified in this RFP.
2. The evaluation will include a review of all documents and information relating to
the Vendor’s services, organizational structure, capabilities, qualifications, past
performance, and costs.
3. Vendors may be required to make an oral presentation and interview before final
selection is made.
4. The UVBGSA may evaluate any information from any source it deems relevant to
the evaluation.
5. False, incomplete, or unresponsive statements in a proposal may be sufficient
cause for its rejection.
VIII. SELECTION CRITERIA
A. The selection of VENDORS(s) and subsequent contract award(s) will be based on
the criteria contained in this RFP, and as demonstrated in the submitted proposal.
VENDORS(s) should submit information sufficient for the UVBGSA to easily
evaluate proposals with respect to the selection criteria. The absence of required
information may cause the proposal to be deemed non-responsive and may be
cause for rejection.
B. Funding determinations for this RFP will be made through a competitive
procurement process and shall be in accordance with all applicable federal, state,
and local procurement laws and regulations.
C. Competitive negotiations require that at least two (2) responsive proposals for the
same scope of work and service area must be received in response to an RFP. A
competition is considered failed if only one (1) responsive proposal is received. If a
competition has been declared failed, the UVBGSA then has the option to re-
compete the procurement or enter into sole-source procurement.
D. Proposal Review and Evaluation Process
1. The proposal will be judged based on service capabilities and experience of the
prospective Vendor and all persons who will be providing services under
contract. The following are the critical areas of the proposals that will be
evaluated:
a. Adequacy of the described plan/approach to deliver requested services as
described in Section XI SCOPE OF WORK.
b. Experience of Vendor in providing services and quality of work.
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c. Status of Professional Certification including whether the Vendor meets
the minimum requirements to provide service.
d. Cost of providing services as outlined in Section XI SCOPE OF WORK.
e. All criteria identified in Attachment F, Proposal Evaluation Form.
IX. AWARD AND CONTRACT INFORMATION
A. The UVBGSA hereby notifies all proposers that it will affirmatively ensure that
minority business enterprises will be afforded full opportunity to submit proposals in
response to this invitation, and that no proposer shall be discriminated against on
the grounds of age, race, color, sex, religion, creed, national origin, marital status,
political affiliation, or disability.
B. The Vendor agrees that should it be awarded a contract, the Vendor shall not
discriminate against any person who performs work thereunder because of age,
race, color, sex, religion, creed, national origin, marital status, political affiliation, or
disability.
C. The UVBGSA reserves the right to reject any or all proposals and to waive any
irregularities if deemed in the best interest of the UVBGSA to do so. The UVBGSA
will select the Vendor whose proposal is determined by the UVBGSA to be the most
responsive and responsible proposal and of the best advantage to the citizens of the
Ukiah Valley Basin. The UVBGSA shall be the sole judge in making such a
determination.
D. The successful Vendor will be required to enter into and sign a formal agreement
with the UVBGSA, which agreement will be in effect for the duration of the contract
period. A sample contract is attached to this Request for Proposal as Attachment
G. It is the Vendor’s responsibility to review the contract’s terms and conditions and
to state any exceptions to those conditions in its response to the Request for
Proposals (Attachment C). If no exceptions are noted, the UVBGSA will understand
that the Vendor agrees to the terms and conditions as stated in the contract.
E. The terms and conditions of this Request for Proposal as well as the Vendor’s
proposal, and any modifications to said proposal agreed to in writing by both parties
shall become a part of the contract.
F. Prior to final selection, Vendors may be required to submit any additional
information that UVBGSA may deem necessary to determine the Vendor's
qualifications. Should any of the information requested by UVBGSA be considered
by the Vendor to be confidential, it must be so stated. UVBGSA will attempt to treat
any information submitted by the Vendor as confidential if requested to do so;
however, UVBGSA cannot ensure such confidentiality.
G. Open Procurement
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
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1. The Vendor shall include any latitudes, prohibitions or limitations placed on the
purchase of the items presented in the Vendor's Proposal. Items and/or services
that the Vendor intends to be offered on a unit price basis must be so identified.
[The UVBGSA’s objective is to clarify all purchase options.]
2. UVBGSA reserves the right to negotiate changes to the original Proposal(s),
including changes in system cost and/or unit price.
3. UVBGSA reserves the right to accept or reject any or all Proposals in whole or in
part.
4. UVBGSA reserves the right to negotiate a contract with more than one Vendor at
the same time.
H. Local Vendor Preference:
1. The UVBGSA has established a local vendor preference. All informal and formal
Invitations to Bid and Request for Proposals for contracts are evaluated with a
5% preference for local vendors. The vendor must claim local vendor preference
to be considered (refer to Attachment A – Summary and Statement of
Responsibility (Signature Page), Certification No. 6). Please note the following
exceptions:
a. Those contracts which State Law or, other law or regulation precludes this
local preference.
b. Public Works construction projects.
2. "Local" vendor preference will be approved as such when, 1) Vendor conducts
business in an office with a physical location within the County of Mendocino; 2)
Vendor holds a valid business license issued by the County of Mendocino, and
provides the name of the Local Agency which issued the license; and 3)
business has been conducted in such a manner for not less than six (6) months
prior to being able to receive the preference, said Vendor provides the business
address and how many years the business has been at that location.
X. BACKGROUND INFORMATION
The Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA) is the sole
Groundwater Sustainability Agency for the Ukiah Valley Groundwater Basin located in
Mendocino County. UVBGSA consists of the County of Mendocino, the City of Ukiah,
the Upper Russian River Water Agency, and the Russian River Flood Control and
Water Conservation Improvement District (RRFC). The UVBGSA developed their
Groundwater Sustainability Plan (GSP) in accordance with the California Department of
Water Resources (DWR) Sustainable Groundwater Management Act (SGMA) of 2014.
The purpose of the GSP is to roadmap the process to achieving sustainable
groundwater management, as defined by SGMA, in the Basin.
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SGMA is a three-bill legislative package comprised of Assembly Bill (AB) 1739
(Dickinson), Senate Bill (SB) 1168 (Pavley), and SB 1319 (Pavley) signed into law in
2014 and codified in Section 10720 of the California Water Code. SGMA took effect on
January 1, 2015 and California for the first time in its history had a framework for
sustainable, locally led groundwater management. Under SGMA, the Department of
Water Resources published Bulletin 118 ranking all of the groundwater basins in
California. The Ukiah Valley Basin was designated a medium priority basin and SGMA
regulations state all overdrafted basins designated medium priority must form a GSA
and be managed according to a GSP by January 31 of 2022 ensuring sustainable
management of groundwater for future generations. The UVBGSA’s GSP, which will be
submitted by the January 2022 deadline, is the result of years of collaborative effort to
understand the Ukiah Valley Basin by the local water agencies, regulating bodies,
technical experts, and tribal and agricultural stakeholders that all hold interest in
preserving the health of the Basin.
SGMA expands the role of DWR to support local implementation of GSPs and allows
for intervention by the State Water Resources Control Board (SWRCB) at specific
points throughout the process if local agencies are not willing or able to manage
groundwater sustainably. In addition to the one Assembly Bill and two Senate Bills,
SGMA is partially defined by the “emergency regulations” (adopted by the DWR and
incorporated into the California Code of Regulations, Sections 350 – 354.4) and a
number of other documents. SGMA required critically-overdrafted high and critically-
overdrafted medium priority basins to be managed under a GSP by January 31, 2020,
and all other groundwater basins designated as high or medium priority basins to be
managed under a GSP by January 31, 2022. Additionally, SGMA requires
demonstrated sustainability within 20 years of GSP implementation, and continued
sustainability through the 50-year planning and implementation horizon.
Groundwater is a key driver of economic activity within California and supports nearly
one-third of all activities within the state including a robust agricultural industry to which
Mendocino County contributes 320 million dollars of agricultural products as of 2018.
The Ukiah Valley Basin is in the south-east corner of Mendocino County and is home to
City of Ukiah, the County seat. The Basin as of 2010 had a population of 32,262
people. In normal years, the primary sources of water in the Basin are the diversions of
surface water from the Russian River and releases from Lake Mendocino and the
remaining demand is supplied from groundwater. There has been no chronic decline
noted in the groundwater levels even after extensive use during drought years. The
majority of water in the Basin is supplied in normal years from the Russian River and
distributed by the major water purveyors who also operate pumping and recharge wells.
The work done by the UVBGSA is to safeguard water supply and water quality within
the Basin. However, the location of the Basin as part of the Upper Russian River
Watershed puts it in a position to protect downstream groundwater and overall water
health not only for Mendocino County but also for Sonoma and Napa Counties.
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
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In June of 2017, the UVBGSA notified the public of its intent to form a GSA. In July of
2018, the UVBGSA filed the initial notification with DWR to initiate development of a
GSP for the Ukiah Valley Groundwater Basin.
XI. SCOPE OF WORK
As General Manager to the UVBGSA’s Board of Directors, the selected firm or
individual will be responsible for the day-to-day operations of the UVBGSA including,
but not limited to, the following tasks:
• Management of the Board and Technical Advisory Committee (TAC) -- including
scheduling, development of and posting agendas for a total of between 8-12 meetings
annually; coordination with Board Chair, Vice-Chair, Board members, TAC members,
and staff of Board members; presentations at the Board meetings; coordination with the
TAC Chair; creation of meeting minutes; compliance with the Brown Act; maintaining all
official records of the UVBGSA and responding to Public Records Act requests as
needed;
• Oversight of the implementation of the Ground Water Sustainability Plan (GSP).
• Management of UVBGSA contracts – Acquisition of legal, technical, or other support
services including management of contractor procurement, contract negotiations,
contract development and administration; coordinating with legal counsel; and tracking
and paying contract invoices;
• Grant Management – Includes preparation of and/or coordination of the preparation of
grant applications for GSP implementation; grant tracking and management; preparing
and submitting grant reimbursements, grant reporting;
• Fiscal management -- including serving as the fiscal agent for the UVBGSA; generating
and paying invoices; developing, maintaining and tracking the budget; complying with
County of Mendocino’s accounting requirements;
• Coordination of UVBGSA activities with all other member agencies and organizations;
• Work with Board in developing UVBGSA priorities and implement Board policies and
directives;
• Provide legislative direction/advice to Board;
• Ensure compliance with all state, local, and federal laws;
• Serve as the principal spokesperson for the UVBGSA and represent the UVBGSA at
public and professional functions; oversee public information and public education
programs, and coordinate media relations;
• Ensure Agency records are maintained;
• Other – Including arrange and participate in Public Workshops as needed (up to two
annually); manage public outreach and website content, as needed; coordinate
legislative advocacy activities as needed; and participate in industry training and
workshops, as needed.
The proposal should clearly describe how the responding firm or individual is qualified to
address the scope of work. The firm or individual’s relevant experience will be evaluated
based on the following criteria:
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
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a. Demonstrated knowledge and recent experience designing and completing similar
successful public projects within the scope.
b. Solid track record of agency organization and management.
c. Demonstrated ability to accurately assess current and future agency needs.
d. Creativity in working with diverse stakeholders to arrive at unique decisions.
e. Ability to bring together a complete, competent team addressing all necessary
disciplines to operate the UVBGSA.
f. Strong understanding of the Sustainable Groundwater Management Act related to the
requirements of implementing a Groundwater Sustainability Plan with the ability to
acquire and manage required services.
g. Desirable, but not required, is a strong understanding of the Ukiah Valley Groundwater
Basin, agricultural community, and municipal and other water interests.
A selection committee comprised of members of the UVBGSA and the interim UVBGSA staff
will review the proposals submitted in response to this RFP and may request interviews with
some firms or individuals. The selection committee will rank the top firms and individuals
based on proposals and interviews (if conducted).
XII. PROPOSAL FORMAT AND CONTENT
Proposals submitted in response to this RFP should include the following
elements and are to be completed in accordance with the information and outline
contained in Attachment B – Proposal Check List/Table of Contents:
A. An executive summary and written narrative, including a detailed description of your
organization’s experience, qualifications and commitment to the project, addressing
the below listed elements at a minimum: Experience, stability & growth,
commitment, product and services.
B. A description of the process/approach to be used in providing the services described
in Sections XI – Scope of Work. Be specific and address all elements, including but
not limited to, descriptions for all system modules.
C. A description of Contractor’s experience in providing the requested services.
D. A description of the experience/qualifications of all persons who may perform
services under contract, including staff resumes that cover all experience and
educational background. All personal information provided will be maintained in
confidence as allowed by law.
E. Upon specific request of the UVBGSA, Vendor shall provide consent and waiver
forms permitting UVBGSA to obtain personal employment/professional qualification
information about Contractor who may perform services under this contract from
third parties, and releasing third parties from any and all liability for disclosing such
information to UVBGSA.
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F. Any exceptions to the terms and conditions as specified in Attachment G to this
RFP. The terms and conditions not specifically identified will be considered
acceptable to Contractor.
G. Two (2) letters of reference for the UVBGSA to contact, including contact name,
phone number, and address (to be listed in Attachment D of this RFP). These
references should be organizations with which Contractor has worked to provide
services.
H. A list of key personnel, including full name, position, licenses or degrees held and a
brief summary of relevant experience as related to proposed services; organization
chart; list of Board of Directors (if applicable); licenses (where appropriate).
I. Timeline indicating implementation schedule and training schedule (if applicable).
J. Additional documents or other material, as appendices, in support of the proposal.
The proposal, however, must reference any additional material or documentation on
Attachment B – Proposal Checklist/Table of Contents.
XIII. FORMAT OF COST PROPOSAL
The Vendor must itemize all costs, including per hour costs, chargeable to the UVBGSA
as described in this Section, in the separate Cost Proposal. Prices quoted shall be valid
for at least ninety (90) days following the proposal submission deadline and if a contract is
entered into as a result of this RFP, shall become fixed for the term of the contract.
Current billing rate schedule must be included. The billing rates will be applicable
throughout the term of the agreement.
The UVBGSA shall be the sole arbiter in the determination of equality. The UVBGSA
reserves the right to reject any proposals and to accept the proposal or proposals which
in its sole and absolute judgment shall, under all circumstances, best serve the interests
of the UVBGSA.
XIV. CONTRACT
A. Time is of the essence in awarding the contract. The UVBGSA reserves the right to
cancel any intent to award and proceed to the next vendor if the selected vendor
has not signed the agreement within two (2) weeks after the notification of intent of
award.
B. Execution of Contract
1. Upon the acceptance of a Vendor's Proposal, UVBGSA will prepare and submit a
contract to the successful Vendor for signature. (See sample contract, as
Attachment G, which contains required contractual language.) In the event that the
successful Vendor fails, neglects or refuses to execute the contract within two (2)
weeks after receiving a copy of the contract from UVBGSA, UVBGSA may at its
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
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option terminate and cancel its action in awarding the contract and the contract
shall become null and void and of no effect.
2. Incorporated by reference into the contract which is to be entered into by UVBGSA
and the successful Vendor pursuant to this Proposal will be (a) all of the
information presented in or with this Proposal and the Vendor's response thereto,
and (b) all written communications between UVBGSA and the successful Vendor
whose Proposal is accepted.
C. No Assignment
Assignment by the successful Contractor to any third party of any contract based on
the Proposal or any monies due shall be absolutely prohibited and will not be
recognized by UVBGSA unless approved in advance by UVBGSA in writing.
D. Force Majeure
Neither party shall be liable to the other for any failure or delay in rendering
performance arising out of causes beyond its control and without its fault or
negligence. Such causes may include, but not be limited to, acts of God or the public
enemy, freight embargoes, and unusually severe weather; but the failure or delay
must be beyond its control and without its fault or negligence. Dates or times of
performance will be extended to the extent of delays excused by this section, provided
that the party whose performance is affected notifies the other promptly of the
existence and nature of such delay.
E. Contract Term
The term of the AGREEMENT(s) will be for a period of three (3) year(s) with the
option to extend the AGREEMENT(s) up to one (1) additional three-year period.
F. Insurance
Prior to commencement of this AGREEMENT, the CONTRACTOR(s) shall provide a
“Certificate of Insurance” certifying that coverage as required herein has been
obtained. Individual endorsements executed by the insurance carrier shall
accompany the certificate. In addition, the CONTRACTOR(s) upon request shall
provide a certified copy of the policy or policies. Refer to Exhibit C (Insurance
Requirements) of Attachment G, Sample UVBGSA Contract.
XVI. REJECTION OF PROPOSALS
The RFP does not commit the UVBGSA to award a contract, to pay any costs incurred
in the preparation of the proposal to this request, or to procure or contract for services
or supplies. The UVBGSA reserves the right to accept or reject any or all proposals
received as a result of this request, to negotiate with any qualified source, or to cancel
the RFP in part or in its entirety, if it is in the best interest of the UVBGSA to do so. The
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UVBGSA may require the proposer selected to participate in negotiations, and to
submit such proposal as may result from negotiations.
Any proposal submitted during this RFP process becomes the property of the UVBGSA.
The UVBGSA will not be liable for nor pay costs incurred by the respondent in the
preparation of a response to this RFP or any other costs involved including travel. The
selected contractor will be required to obtain a County business license if not already
held.
XVII. GENERAL CONDITIONS
While the intent of the UVBGSA is to award the contract to the selected Vendor, it
reserves the right to both either withdraw and/or not award a contract at any time it so
desires. Costs incurred in the preparation of response to this RFP will not be
reimbursed.
The UVBGSA has a standard contract service agreement. The successful firm will be
required to agree to the terms contained within. Any issues with the insurance
coverage or terms of the standard contract service agreement should be mentioned in
the response to the Request for Proposals and documented in detail in Attachment C –
Exceptions to RFP.
Limitations
1) The Vendor should expect to have access only to the public records and public files
of local government agencies in preparing the proposal or reports. The Vendor
should not anticipate any compilation, tabulation, or analysis of data, definition or
opinion, etc., unless volunteered by a responsible official of that agency.
2) The UVBGSA has the authority to terminate the contract upon written notice to the
Vendor at any time during the period of the project if the UVBGSA finds that the
Vendor’s performance is not satisfactory (as specified in Attachment G – Sample
UVBGSA Contract, paragraph 19).
3) Contract payments will be made on the basis of satisfactory performance by the
Vendor as determined by the UVBGSA. Final payment to the Vendor will only be
made when the UVBGSA finds that the work performed by the Vendor to be
satisfactory and the final work product and documents submitted meet the tasks of
the project and is accepted by the UVBGSA.
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XVIII.LIST OF ATTACHMENTS
Attachment A – Proposal Summary and Statement of Responsibility (Signature Page)
Attachment B – Proposal Checklist/Table of Contents
Attachment C – Exceptions to RFP
Attachment D – Letters of Reference
Attachment E – Certificate of Non-collusion
Attachment F – Proposal Evaluation Form
Attachment G – Sample UVBGSA Contract
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ATTACHMENT A
PROPOSAL SUMMARY AND STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE)
UVBGSA RFP No. UVBGSA 21-01
Administrative Services
RFP No. UVBGSA 21-01
RFP Issue Date: November 22, 2021
RFP Submission Deadline: January 4, 2022
Proposals must be enclosed in a sealed envelope or package, clearly marked “UVBGSA RFP No. 21-01”,
and delivered by 2:00 p.m. January 4, 2022 to: UVBGSA, Attn: Amber Fisette, 340 Lake Mendocino
Drive, Ukiah, CA 95482.
Questions regarding this RFP should be directed to:
• Procedural & technical inquires: Amber Fisette
(707) 234-2838
fisettea@mendocinocounty.org
This Proposal Summary and Statement of Responsibility (Signature Page) must be included with
your submittal in order to validate your proposal. Proposals submitted without this page will be
deemed non-responsive.
Vendor Authorized Representative
Company Name: ______________________________________ Date: _________________
Representative: ______________________________________
Title: ______________________________________
Phone: ______________________________________
Address: ______________________________________ Fax: _________________
Federal Tax ID No.: ______________________________________ Email: _________________
RFP Contact Information (if different then above)
Contact Person: ______________________________________
Title: ______________________________________
Phone: ______________________________________ Fax: _________________
Address: ______________________________________ Email: _________________
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
Administrative Services Page 17 RFP No. UVBGSA 21-01
Certifications:
1. Do you agree to comply with specifications, RFP instructions, draft contract requirements and other
pertinent references contained in this RFP?
YES NO
2. Do you agree that the proposal will stand firm and will not be withdrawn for a period of 90 days
after the proposal is opened?
YES NO
3. Do you certify that all statements in the proposal are true? This shall constitute a warranty, the
falsity of which shall entitle the UVBGSA to pursue any remedy authorized by law, and shall include
the right, at the option of the UVBGSA, of declaring any contract made as a result thereof to be
void.
YES NO
4. Do you agree to provide the UVBGSA with any other information the UVBGSA determines is
necessary for accurate determination of your qualifications to provide services?
YES NO
5. Do you agree that the proposal amount includes all costs incident to the proposed contract?
YES NO
6. The UVBGSA has adopted a Local Vendor Preference. Does your company meet the criteria for
the five percent cost preference as a local vendor for the UVBGSA, as described in Section
IX(H)(2) AWARD AND CONTRACTING INFORMATION?
YES NO
7. Do you agree to be an ePayable as described in Attachment G- Sample UVBGSA Contract?
YES NO
To the best of my knowledge and belief, the information provided in this initial determination of
responsibilities is true and correct.
Authorized Representative: ___________________________________________________
(Printed name)
Signature: ___________________________________________________
Date: ___________________________________________________
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
Administrative Services Page 18 RFP No. UVBGSA 21-01
ATTACHMENT B
PROPOSAL CHECK LIST/TABLE OF CONTENTS
This proposal checklist identifies the various components that must be submitted with your
proposal. This form is to be completed and included in the proposal and must be located
directly behind Attachment A.
Follow this sequence in presenting your proposal with the checklist serving as your table of
contents.
Proposal Check List/Table of Contents Page No.
Signature Page, signed by authorized representative (RFP Attachment A)
Proposal Check List/Table of Contents (RFP Attachment B)
Executive Summary
Scope of Services
(in relation to providing services described in Section XI, Scope of Work)
Company Background and Experience (including staff resumes)
Proposal Cost Plan and Narrative
Exceptions to the RFP (RFP Attachment C)
Letters of Reference (minimum of two (2)) (RFP Attachment D)
Certificate of Non-Collusion, signed by authorized representative (RFP
Attachment E)
Insurance Coverage (Certificate of Insurance)
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
Administrative Services Page 19 RFP No. UVBGSA 21-01
ATTACHMENT C
EXCEPTIONS TO RFP
Company Name: ________________________________________________________________
Representative: ________________________________________________________________
Title: ________________________________________________________________
Address: ________________________________________________________________
Phone: ____________________________ Email: ___________________________
I have reviewed the RFP and General Contract Terms in their entirety and have the following
exceptions: (Please identify and list your exceptions by indicating the section or paragraph and
page no. as applicable. Be specific about your proposed exception(s) to content, language, or
omissions. Add as many pages as required.)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Authorized Representative: ___________________________________________________
(Printed name)
Signature: ___________________________________________________
Date: ___________________________________________________
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
Administrative Services Page 20 RFP No. UVBGSA 21-01
ATTACHMENT D
LETTERS OF REFERENCE
Please list the references (minimum of two (2)) in the section provided below and attach
corresponding letters to this form.
Agency Contact
Name/Address
Phone No. Dates Services
Provided
(From/Through)
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
Administrative Services Page 21 RFP No. UVBGSA 21-01
ATTACHMENT E
CERTIFICATE OF NON-COLLUSION
The undersigned certifies, under penalty of perjury, that this proposal has been made in good
faith and without collusion or fraud with any other person. As used in this certification, the word
“person” shall mean any natural person, business, partnership, corporation, union, committee,
club, or other organization, entity, or group of individuals.
__________________________
(Name of Proposer)
__________________________
(Signature of Authorized Agent)
___________________, 2022
Date
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY REQUEST FOR PROPOSAL
Administrative Services Page 22 RFP No. UVBGSA 21-01
ATTACHMENT F
UVBGSA PROPOSAL EVALUATION FORM
RFP No. UVBGSA 21-01
Administrative Services
Vendor Name: _______________________________________________________________
Evaluated By: _______________________________________________________________
A. Completeness of Response Pass/Fail
B. Financial Stability Pass/Fail
C. Technical Criteria Pass/Fail
Weight *Rating Scale Points Total
D. Cost 20 points
E. Implementation Plan 20 points
F. Relevant Experience 30 points
G. References 10 points
H. Geographical Proximity 5 points
I. Overall Proposal 15 points
Evaluation Total (Maximum 500)
Comments:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
____________________________________________________________________________
Scoring: (To be performed by the Executive Office/Purchasing Agent)
Weight X *Rating (per Scale) = Points Total
*Rating Scale: 5 = Excellent 4 = Above Average 3 = Average 2 = Fair 1 = Poor 0 = Unacceptable
UVBGSA AGREEMENT NO. _______
23
Revised 11/19/2021 DOT
ATTACHMENT G – SAMPLE UVBGSA CONTRACT
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
STANDARD SERVICES AGREEMENT
This Agreement is by and between the UKIAH VALLEY BASIN GROUNDWATER
SUSTAINABILITY AGENCY, hereinafter referred to as the “UVBGSA”, and ,
hereinafter referred to as the “CONSULTANT”.
WITNESSETH
W HEREAS, pursuant to Article 5 Section 5.2.7 of the Joint Powers Agreement Forming
the Ukiah Valley Basin Groundwater Sustainability Agency, the UVBGSA shall have the
power to make and enter into contracts necessary to the full exercise of the Agency’s
power; and,
W HEREAS, UVBGSA desires to obtain CONSULTANT for its [Services]; and,
W HEREAS, CONSULTANT is willing to provide such services on the terms and
conditions set forth in this AGREEMENT and is willing to provide same to UVBGSA.
NOW, THEREFORE it is agreed that UVBGSA does hereby retain CONSULTANT to
provide the services described in Exhibit “A”, and CONSULTANT 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 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
__________________, 20 .
The compensation payable to CONSULTANT hereunder shall not exceed [Spelled
out Contract Amount] ($[Numerical Amount]) for the term of this Agreement.
24
IN WITNESS WHEREOF
UVBGSA
By: _____________________________
GLENN MCGOURTY, Chair
BOARD OF DIRECTORS
Date:_____________________________
UVBGSA FISCAL REVIEW:
By: _________________________________
Date:_______________________________
CONSULTANT/COMPANY NAME
By:
Date:_____________________________
NAME AND ADDRESS OF CONSULTANT:
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
UVBGSA INSURANCE REVIEW:
By: ______________________________
Date:______________________________
UVBGSA LEGAL COUNSEL REVIEW:
APPROVED AS TO FORM:
By:________________________________
Date:_____________________________
25
GENERAL TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is
created by this Agreement; it being understood and agreed that CONSULTANT
is an Independent Contractor. CONSULTANT is not the agent or employee of
the UVBGSA in any capacity whatsoever, and UVBGSA shall not be liable for
any acts or omissions by CONSULTANT nor for any obligations or liabilities
incurred by CONSULTANT.
CONSULTANT 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.
CONSULTANT 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 UVBGSA harmless from
any and all liability which UVBGSA may incur because of CONSULTANT’s
failure to pay such amounts.
In carrying out the work contemplated herein, CONSULTANT 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
UVBGSA.
CONSULTANT 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
UVBGSA 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 UVBGSA 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
UVBGSA agency concerned.
Notwithstanding the foregoing, if the UVBGSA determines that pursuant to state
and federal law CONSULTANT is an employee for purposes of income tax
withholding, UVBGSA may upon two (2) week’s written notice to CONSULTANT,
withhold from payments to CONSULTANT hereunder federal and state income
taxes and pay said sums to the federal and state governments.
26
2.INDEMNIFICATION: To the furthest extent permitted by law (including without
limitation California Civil Code sections 2782 and 2782.8, if applicable), Consultant
shall assume the defense of, indemnify, and hold harmless the UVBGSA, its
officers, agents, and employees, from and against any and all claims, demands,
damages, costs, liabilities, and losses whatsoever alleged to be occurring or
resulting in connection with the CONSULTANT’S performance or its obligations
under this AGREEMENT, unless arising out of the sole negligence or willful
misconduct of UVBGSA. “CONSULTANT’S performance” includes
CONSULTANT’S action or inaction and the action or inaction of
CONSULTANT’S officers, employees, agents and subcontractors.
3.INSURANCE AND BOND: CONSULTANT shall at all times during the term of
the Agreement with the UVBGSA 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.W ORKERS’ COMPENSATION: CONSULTANT shall provide Workers'
Compensation insurance, as applicable, at CONSULTANT's own cost and
expense and further, neither the CONSULTANT nor its carrier shall be entitled to
recover from UVBGSA any costs, settlements, or expenses of Workers'
Compensation claims arising out of this Agreement.
CONSULTANT 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 CONSULTANT further assures
that s/he will comply with such provisions before commencing the performance
of work under this Agreement. CONSULTANT shall furnish to UVBGSA
certificate(s) of insurance evidencing Worker’s Compensation Insurance
coverage to cover its employees, and CONSULTANT shall require all
subcontractors similarly to provide Workers’ Compensation Insurance as
required by the Labor Code of the State of California for all of subcontractors’
employees.
5.CONFORMITY WITH LAW AND SAFETY:
a.In performing services under this Agreement, CONSULTANT 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. CONSULTANT shall indemnify and hold UVBGSA harmless from any
and all liability, fines, penalties and consequences from any of
CONSULTANT’s failures to comply with such laws, ordinances, codes and
regulations.
27
b. Accidents: If a death, serious personal injury or substantial property
damage occurs in connection with CONSULTANT’s performance of this
Agreement, CONSULTANT shall immediately notify UVBGSA by
telephone. CONSULTANT shall promptly submit to UVBGSA a written
report, in such form as may be required by UVBGSA 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 CONSULTANT's sub-contractor, if any;
(3) name and address of CONSULTANT's liability insurance carrier; and (4)
a detailed description of the accident and whether any of UVBGSA's
equipment, tools, material, or staff were involved.
c. CONSULTANT 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 UVBGSA 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 CONSULTANT as provided in Exhibit “B” hereto as
funding permits.
If UVBGSA over pays CONSULTANT for any reason, CONSULTANT agrees to
return the amount of such overpayment to UVBGSA, or at UVBGSA’s option,
permit UVBGSA to offset the amount of such overpayment against future
payments owed to CONSULTANT under this Agreement or any other
agreement.
In the event CONSULTANT claims or receives payment from UVBGSA for a
service, reimbursement for which is later disallowed by UVBGSA, State of
California or the United States Government, which disallowance is due to the
actions or omissions of CONSULTANT, the CONSULTANT shall promptly refund
the disallowance amount to UVBGSA upon request, or at its option UVBGSA
may offset the amount disallowed from any payment due or that becomes due to
CONSULTANT under this Agreement or any other agreement.
All invoices, receipts, or other requests for payment under this contract must be
submitted by CONSULTANT to UVBGSA in a timely manner and consistent with
the terms specified in Exhibit B. In no event shall UVBGSA be obligated to pay
any request for payment for which a written request for payment and all required
documentation was first received more than six (6) months after this Agreement
has terminated, or beyond such other time limit as may be set forth in Exhibit B.
7. TAXES: Payment of all applicable federal, state, and local taxes shall be the
sole responsibility of the CONSULTANT.
28
8.OWNERSHIP OF DOCUMENTS: CONSULTANT hereby assigns the UVBGSA
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
UVBGSA, the CONSULTANT, the CONSULTANT’s subcontractors or third
parties at the request of the CONSULTANT (collectively, “Documents and
Materials”). This explicitly includes the electronic copies of all above stated
documentation.
CONSULTANT shall be permitted to retain copies, including reproducible copies
and computerized copies, of said Documents and Materials. CONSULTANT
agrees to take such further steps as may be reasonably requested by UVBGSA to
implement the aforesaid assignment. If for any reason said assignment is not
effective, CONSULTANT hereby grants the UVBGSA and any assignee of the
UVBGSA an express royalty – free license to retain and use said Documents and
Materials. The UVBGSA’s rights under this paragraph shall apply regardless of
the degree of completion of the Documents and Materials and whether or not
CONSULTANT’s services as set forth in Exhibit “A” of this Agreement have been
fully performed or paid for.
The UVBGSA’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 CONSULTANT 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.
29
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.
Addresses for purpose of giving notice are as follows:
To UVBGSA: UVBGSA
340 Lake Mendocino Drive
Ukiah, CA 95482
Attn: Chair of the Board of Directors
To CONSULTANT: [Name of Consultant]
[Number and Street]
[City, State, Zip Code]
ATTN:
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 UVBGSA PROPERTY: CONSULTANT shall not use UVBGSA 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:
CONSULTANT certifies that it will comply with all Federal, State, and local laws,
rules and regulations pertaining to nondiscrimination in employment.
a.CONSULTANT 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.
30
b. CONSULTANT shall, if requested to so do by the UVBGSA, certify that it
has not, in the performance of this Agreement, engaged in any unlawful
discrimination.
c. If requested to do so by the UVBGSA, CONSULTANT shall provide the
UVBGSA with access to copies of all of its records pertaining 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.
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 CONSULTANT shall include the provisions set forth in this paragraph
in each of its subcontracts.
13. DRUG-FREE WORKPLACE: CONSULTANT and CONSULTANT's employees
shall comply with the UVBGSA’s policy of maintaining a drug-free workplace.
Neither CONSULTANT nor CONSULTANT'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, heroin,
cocaine, and amphetamines, at any UVBGSA facility or work site. If
CONSULTANT or any employee of CONSULTANT is convicted or pleads nolo
contendere to a criminal drug statute violation occurring at a UVBGSA facility or
work site, the CONSULTANT, within five days thereafter, shall notify the head of
the UVBGSA department/agency for which the contract services are performed.
Violation of this provision shall constitute a material breach of this Agreement.
14. ENERGY CONSERVATION: CONSULTANT 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: CONSULTANT shall
comply with all necessary licensing requirements and shall obtain appropriate
licenses. To the extent required by law, CONSULTANT shall display licenses in a
location that is reasonably conspicuous. Upon UVBGSA’s request,
CONSULTANT shall file copies of same with the UVBGSA Executive Office.
CONSULTANT represents and warrants to UVBGSA that CONSULTANT 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 CONSULTANT shall make available to
the UVBGSA, 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
31
disbursements charged to the UVBGSA, and shall furnish to the UVBGSA, within
sixty (60) days after examination, its authorized agents, officers or employees such
other evidence or information as the UVBGSA may require with regard to any such
expenditure or disbursement charged by the CONSULTANT.
The CONSULTANT shall maintain full and adequate records in accordance with
UVBGSA requirements to show the actual costs incurred by the CONSULTANT in
the performance of this Agreement. If such books and records are not kept and
maintained by CONSULTANT within the County of Mendocino, California,
CONSULTANT shall, upon request of the UVBGSA, make such books and
records available to the UVBGSA for inspection at a location within UVBGSA or
CONSULTANT shall pay to the UVBGSA the reasonable, and necessary costs
incurred by the UVBGSA in inspecting CONSULTANT’s books and records,
including, but not limited to, travel, lodging and subsistence costs. CONSULTANT
shall provide such assistance as may be reasonably required in the course of such
inspection. The UVBGSA 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 UVBGSA, and the CONSULTANT 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 UVBGSA makes the final or last payment or within four (4)
years after any pending issues between the UVBGSA and CONSULTANT with
respect to this Agreement are closed, whichever is later.
17.DOCUMENTS AND MATERIALS: CONSULTANT shall maintain and make
available to UVBGSA for its inspection and use during the term of this Agreement,
all Documents and Materials, as defined in Paragraph 8 of this Agreement.
CONSULTANT’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 UVBGSA), and CONSULTANT shall
in no event dispose of, destroy, alter or mutilate said Documents and Materials, for
four (4) years following the UVBGSA’s last payment to CONSULTANT 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 UVBGSA has and reserves the right to suspend, terminate
or abandon the execution of any work by the CONSULTANT without cause at any
time upon giving to the CONSULTANT notice. Such notice shall be in writing and
may be issued by any UVBGSA officer authorized to execute or amend the
contract, the UVBGSA Chair of the Board of Directors, or any other person
designated by the UVBGSA. In the event that the UVBGSA should abandon,
terminate or suspend the CONSULTANT’s work, the CONSULTANT shall be
32
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 CONSULTANT for its [Services] shall not exceed $[Contract Amount] payment
for services provided hereunder prior to the effective date of said suspension,
termination or abandonment or lack of funding.
20. NON APPROPRIATION: If UVBGSA 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, UVBGSA may unilaterally terminate this Agreement only upon
thirty (30) days written notice to CONSULTANT. Upon termination, UVBGSA
shall remit payment for all products and services delivered to UVBGSA and all
expenses incurred by CONSULTANT prior to CONSULTANT’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 governed 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: CONSULTANT shall not use the name of
UVBGSA, its officers, directors, employees or agents, in advertising or publicity
releases or otherwise without securing the prior written consent of UVBGSA 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 UVBGSA and CONSULTANT 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
33
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.
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 UVBGSA has good
objective cause to believe CONSULTANT may not be adequately performing its
obligations under this Agreement or that CONSULTANT may fail to complete the
Services as required by this Agreement, UVBGSA may request from
CONSULTANT prompt written assurances of performance and a written plan
acceptable to UVBGSA, to correct the observed deficiencies in CONSULTANT’s
performance. CONSULTANT shall provide such written assurances and written
plan within thirty (30) calendar days of its receipt of UVBGSA’s request and shall
thereafter diligently commence and fully perform such written plan.
CONSULTANT 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: CONSULTANT shall not subcontract,
assign or delegate any portion of this Agreement or any duties or obligations
hereunder without the UVBGSA’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 authority
to approve subcontractor(s).
c. CONSULTANT shall remain fully responsible for compliance by its
subcontractors with all the terms of this Agreement, regardless of the
terms of any agreement between CONSULTANT 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.
34
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
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: CONSULTANT warrants and
represents that it has secured all rights and licenses necessary for any and all
materials, services, processes, software, or hardware (“CONSULTANT
PRODUCTS”) to be provided by CONSULTANT in the performance of this
AGREEMENT, including but not limited to any copyright, trademark, patent, trade
secret, or right of publicity rights. CONSULTANT hereby grants to UVBGSA, 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 CONSULTANT
PRODUCTS to the extent reasonably necessary to use the CONSULTANT
PRODUCTS in the manner contemplated by this agreement.
CONSULTANT further warrants and represents that it knows of no allegations,
claims, or threatened claims that the CONSULTANT PRODUCTS provided to
UVBGSA 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 UVBGSA relating to a CONSULTANT PRODUCT, CONSULTANT
shall indemnify and defend the UVBGSA pursuant to Paragraph 2 of this
AGREEMENT.
In the case of any such claim of infringement, CONSULTANT shall either, at its
option, (1) procure for UVBGSA the right to continue using the CONSULTANT
Products; or (2) replace or modify the CONSULTANT 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 UVBGSA
Contractor shall cooperate with UVBGSA and UVBGSA staff in the performance of
all work hereunder.
35. PERFORMANCE STANDARD
Consultant 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
Consultant's profession. UVBGSA has relied upon the professional ability and
35
training of Consultant as a material inducement to enter into this Agreement.
Consultant hereby agrees to provide all services under this Agreement in
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 Consultant's work by UVBGSA shall not operate as
a waiver or release. If UVBGSA determines that any of Consultant's work is not in
accordance with such level of competency and standard of care, UVBGSA, in its
sole discretion, shall have the right to do any or all of the following: (a) require
Consultant to meet with UVBGSA to review the quality of the work and resolve
matters of concern; (b) require Consultant 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.
36.ATTORNEYS’ FEES
In any action to enforce or interpret the terms of this agreement, including but not
limited to any action for declaratory relief, each party shall be solely responsible for
and bear its own attorneys’ fees, regardless of which party prevails.
[END OF GENERAL TERMS AND CONDITIONS]
36
EXHIBIT A
DEFINITION OF SERVICES
CONSULTANT shall provide the following services:
[END OF DEFINITION OF SERVICES]
37
EXHIBIT B
PAYMENT TERMS
[END OF PAYMENT TERMS]
38
EXHIBIT C
INSURANCE REQUIREMENTS
Insurance coverage in a minimum amount set forth herein shall not be construed
to relieve CONSULTANT for liability in excess of such coverage, nor shall it
preclude UVBGSA 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, Consultant’s indemnity obligations under
Paragraph 2 of this Agreement.
CONSULTANT shall obtain and maintain insurance coverage as follows:
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.
CONSULTANT shall furnish to UVBGSA certificates of insurance evidencing the
minimum levels described above.
[END OF INSURANCE REQUIREMENTS]
39
EXHIBIT D
EPAYABLES INFORMATION
The UVBGSA 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 UVBGSA 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 email
Auditorap@mendocinocounty.org.
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 2
Item No.: 4.c
Date: 12/15/21
To: Board of Directors
Subject: Approval of Agreement with Mendocino County Resource Conservation District, in
the Amount of $11,184, to Perform Spring 2022 Groundwater Elevation Monitoring;
and Authorize Fiscal Year 2021/22 Budget Adjustment in the Amount of $11,184 for
Spring 2022 Groundwater Elevation Monitoring
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Sustainable Groundwater Management Act (SGMA) requires the Ukiah Valley Basin
Groundwater Sustainability Agency (UVBGSA) to begin implementation of the Groundwater
Sustainability Plan (GSP) immediately following its submittal to the California Department of
Water Resources in January 2022. In order to implement its monitoring plan, the Board of
Directors will review and consider approval of an agreement with the Mendocino County
Resource Conservation District (MCRCD) for monthly groundwater elevation monitoring for 16
CASGEM wells in January, February, March, May and June 2022 and monitoring for 7
instrumented wells with telemetry in January and April.
Recommended Action:
Approve agreement with Mendocino County Resource Conservation District, in the Amount of
$11,184, to Perform Spring 2022 Groundwater Elevation Monitoring; and authorize Fiscal Year
2021/22 budget adjustment in the amount of $11,184 for Spring 2022 Groundwater Elevation
Monitoring.
Background:
On June 7, 2021, the County of Mendocino entered into an agreement (DOT Agreement No.
210039) with the Mendocino County Resource Conservation District (MCRCD), which includes
approximately $13,000 for migration of the UVBGSA monitoring wells from the California
Statewide Groundwater Elevation Monitoring (CASGEM) portal to the SGMA portal’s
Monitoring Network Module, and for one Spring 2022 groundwater monitoring event. At the
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
UVBGSA Board of Directors Meeting on October 21, 2021, the Board approved reimbursement
of $13,000 to the County for said activities. At the UVBGSA Board of Directors Meeting on
November 10, 2021, the Board directed staff to pursue a contract with MCRCD for monthly
groundwater elevation monitoring for the remainder of FY 2021/22, excluding the one event
contracted by the County, and quarterly monitoring for up to 10 newly instrumented wells.
However, there are currently only eight wells installed and instrumented to date and one of the
newly instrumented wells is being monitored by CLSI in a contract with LWA through April
2022 and therefore is not included in this budget. Therefore the budget includes the monitoring
activities of only seven instrumented wells.
Fiscal Summary:
Monthly Well Monitoring for 16 CASGEM wells in January, February, March, May, and June
2022 (April 2022 monitoring already budgeted via MCRCD contact with Mendocino County) for
the cost of $8,606.00. January and April monitoring for seven instrumented wells with
telemetry for the cost of $2,578.00. Total cost of $11,184.00.
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
Quantity Unit Type Rate Amt
Outreach to well owners 8 hours 100.00$ 800.00$
Research wells/Create maps/Update records 5 hours 100.00$ 500.00$
Meetings and trainings 5 hours 100.00$ 500.00$
Monitoring (5x: 16 wells)40 hours 100.00$ 4,000.00$
Reporting and record-keeping 24 hours 100.00$ 2,400.00$
Mileage (45 miles per monitoring event x 5 monitoring events)225 miles 0.560$ 126.00$
Misc - field supplies 1 lump sum 10.00$ 10.00$
Bookkeeping 3 hours 90.00$ 270.00$
Task 1: GSA Monitoring: 16 wells, five months 8,606.00$
Quantity Unit Type Rate Amt
Create records (incl Landowner Access Agreements for calibration)7 hours 100.00$ 700.00$
Monitoring (2x, 7 wells downloading data)4.5 hours 100.00$ 450.00$
Calibration, manual (7 telemetry wells, one time)***7 hours 100.00$ 700.00$
Reporting and record-keeping 7 hours 100.00$ 700.00$
Mileage 50 miles 0.560$ 28.00$
Task 2: GSA Monitoring: Seven instrumented wells January & April 2022 2,578.00$
TOTAL: Task 1 and Task 2 11,184.00$
***As per Larry Walker Associates, telemetry wells need to be calibrated manually to ensure accuracy.
GSA Groundwater Elevation Monitoring 1/1/22 to 6/30/22
Task 1: Monthly Well Monitoring for 16 CASGEM wells: Jan, Feb, March, May, June*
Task 2: January and April Monitoring for Seven Instrumented Wells with Telemetry**
**An additional instrumented well is being monitored by California Land Stewardship Institute in a contract with LWA
through April 2022 and is not included in this budget.
* April monitoring is already budgeted via MCRCD contract with the Mendocino County Water Agency.
NOTES:
1
2
3
4
This budget was compiled at the request of the UVBGSA to provide costs for monthly monitoring of 16 CASGEM wells (as identified by Larry
Walker Associates) plus quarterly monitoring for up to 10 newly instrumented wells. However, there are currently only eight wells installed
and instrumented.
In addition, as per communication with Larry Walker Associates (LWA) and California Land Stewardship Institute (CLSI), one of the
instrumented wells is monitored by CLSI in a contract with LWA through April 2022 and therefore is not included in this budget.
The budget does not include costs already covered by the exisitng CASGEM contract between MCRCD and MCWA for FY 21-22.
The budget for Task 1 (monthly monitoring of 16 wells) is based on an analysis of actual costs associated with monthly monitoring of this
subset of wells for MCRCD's contract with Russian River Flood Control (RRFC). Some of the startup costs associated with initiating the montly
monitoring regime were completed under the RRFC contract, including new Landowner Access Agreements.
UVBGSA AGREEMENT NO. _______
1
Revised 12/7/2021 DOT
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
PROFESSIONAL SERVICES AGREEMENT WITH MENDOCINO COUNTY
RESOURCE CONSERVATION DISTRICT, IN THE AMOUNT OF $11,184, TO
PERFORM SPRING 2022 GROUNDWATER ELEVATION MONITORING
This Agreement is by and between the UKIAH VALLEY BASIN GROUNDWATER
SUSTAINABILITY AGENCY, hereinafter referred to as “UVBGSA”, and Mendocino
County Resource Conservation District, hereinafter referred to as the “CONSULTANT”.
WITNESSETH
WHEREAS, pursuant to Article 5 Section 5.2.7 of the Joint Powers Agreement Forming
the Ukiah Valley Basin Groundwater Sustainability Agency, UVBGSA shall have the
power to make and enter into contracts necessary to the full exercise of the Agency’s
power; and,
WHEREAS, UVBGSA desires to obtain CONSULTANT for its Groundwater Elevation
Monitoring Services; and,
WHEREAS, CONSULTANT is willing to provide such services on the terms and
conditions set forth in this AGREEMENT and is willing to provide same to UVBGSA.
NOW, THEREFORE it is agreed that UVBGSA does hereby retain CONSULTANT to
provide the services described in Exhibit “A”, and CONSULTANT 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 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 June 30, 2022.
The compensation payable to CONSULTANT hereunder shall not exceed Eleven
Thousand One Hundred Eighty Four Dollars ($11,184) for the term of this Agreement.
2
IN WITNESS WHEREOF
UVBGSA
By: _____________________________
GLENN MCGOURTY, Chair
BOARD OF DIRECTORS
Date:_____________________________
UVBGSA FISCAL REVIEW:
By: _________________________________
Date:_______________________________
CONSULTANT/COMPANY NAME
By:
Date:_____________________________
NAME AND ADDRESS OF CONSULTANT:
Mendocino County Resource Conservation
District
410 Jones St., Ste. C-3
Ukiah, CA 95482
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
UVBGSA INSURANCE REVIEW:
By: ______________________________
Date:______________________________
UVBGSA LEGAL COUNSEL REVIEW:
APPROVED AS TO FORM:
By:________________________________
Date:_____________________________
3
GENERAL TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is
created by this Agreement; it being understood and agreed that CONSULTANT
is an Independent Contractor. CONSULTANT is not the agent or employee of
the UVBGSA in any capacity whatsoever, and UVBGSA shall not be liable for
any acts or omissions by CONSULTANT nor for any obligations or liabilities
incurred by CONSULTANT.
CONSULTANT 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.
CONSULTANT 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 UVBGSA harmless from
any and all liability which UVBGSA may incur because of CONSULTANT’s failure
to pay such amounts.
In carrying out the work contemplated herein, CONSULTANT 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 UVBGSA.
CONSULTANT 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 UVBGSA 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
UVBGSA.
4
Notwithstanding the foregoing, if the UVBGSA determines that pursuant to state
and federal law CONSULTANT is an employee for purposes of income tax
withholding, UVBGSA may upon two (2) week’s written notice to CONSULTANT,
withhold from payments to CONSULTANT hereunder federal and state income
taxes and pay said sums to the federal and state governments.
2. INDEMNIFICATION: To the furthest extent permitted by law (including without
limitation California Civil Code sections 2782 and 2782.8, if applicable), Consultant
shall assume the defense of, indemnify, and hold harmless the UVBGSA, its
officers, agents, and employees, from and against any and all claims, demands,
damages, costs, liabilities, and losses whatsoever alleged to be occurring or
resulting in connection with the CONSULTANT’S performance or its obligations
under this AGREEMENT, unless arising out of the sole negligence or willful
misconduct of UVBGSA. “CONSULTANT’S performance” includes
CONSULTANT’S action or inaction and the action or inaction of
CONSULTANT’S officers, employees, agents and subcontractors.
3. INSURANCE AND BOND: CONSULTANT shall at all times during the term of
the Agreement with the UVBGSA 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: CONSULTANT shall provide Workers'
Compensation insurance, as applicable, at CONSULTANT's own cost and
expense and further, neither the CONSULTANT nor its carrier shall be entitled to
recover from UVBGSA any costs, settlements, or expenses of Workers'
Compensation claims arising out of this Agreement.
CONSULTANT 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 CONSULTANT further assures that s/he will comply
with such provisions before commencing the performance of work under this
Agreement. CONSULTANT shall furnish to UVBGSA certificate(s) of insurance
evidencing Worker’s Compensation Insurance coverage to cover its employees,
and CONSULTANT shall require all subcontractors similarly to provide Workers’
Compensation Insurance as required by the Labor Code of the State of California
for all of subcontractors’ employees.
5. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, CONSULTANT 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
5
and Health Act. CONSULTANT shall indemnify and hold UVBGSA
harmless from any and all liability, fines, penalties and consequences from
any of CONSULTANT’s failures to comply with such laws, ordinances,
codes and regulations.
b. Accidents: If a death, serious personal injury or substantial property
damage occurs in connection with CONSULTANT’s performance of this
Agreement, CONSULTANT shall immediately notify UVBGSA by
telephone. CONSULTANT shall promptly submit to UVBGSA a written
report, in such form as may be required by UVBGSA 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 CONSULTANT's sub-contractor, if
any; (3) name and address of CONSULTANT's liability insurance carrier;
and (4) a detailed description of the accident and whether any of
UVBGSA's equipment, tools, material, or staff were involved.
c. CONSULTANT 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 UVBGSA 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 CONSULTANT as provided in Exhibit “B” hereto as funding
permits.
If UVBGSA over pays CONSULTANT for any reason, CONSULTANT agrees to
return the amount of such overpayment to UVBGSA, or at UVBGSA’s option,
permit UVBGSA to offset the amount of such overpayment against future
payments owed to CONSULTANT under this Agreement or any other agreement.
In the event CONSULTANT claims or receives payment from UVBGSA for a
service, reimbursement for which is later disallowed by UVBGSA, State of
California or the United States Government, which disallowance is due to the
actions or omissions of CONSULTANT, the CONSULTANT shall promptly refund
the disallowance amount to UVBGSA upon request, or at its option UVBGSA
may offset the amount disallowed from any payment due or that becomes due to
CONSULTANT under this Agreement or any other agreement.
All invoices, receipts, or other requests for payment under this contract must be
submitted by CONSULTANT to UVBGSA in a timely manner and consistent with
the terms specified in Exhibit B. In no event shall UVBGSA be obligated to pay
any request for payment for which a written request for payment and all required
documentation was first received more than six (6) months after this Agreement
has terminated, or beyond such other time limit as may be set forth in Exhibit B.
6
7. TAXES: Payment of all applicable federal, state, and local taxes shall be the
sole responsibility of the CONSULTANT.
8. OWNERSHIP OF DOCUMENTS: CONSULTANT hereby assigns the UVBGSA
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 UVBGSA,
the CONSULTANT, the CONSULTANT’s subcontractors or third parties at the
request of the CONSULTANT (collectively, “Documents and Materials”). This
explicitly includes the electronic copies of all above stated documentation.
CONSULTANT shall be permitted to retain copies, including reproducible copies
and computerized copies, of said Documents and Materials. CONSULTANT
agrees to take such further steps as may be reasonably requested by UVBGSA
to implement the aforesaid assignment. If for any reason said assignment is not
effective, CONSULTANT hereby grants UVBGSA and any assignee of UVBGSA
an express royalty – free license to retain and use said Documents and
Materials. UVBGSA’s rights under this paragraph shall apply regardless of the
degree of completion of the Documents and Materials and whether or not
CONSULTANT’s services as set forth in Exhibit “A” of this Agreement have been
fully performed or paid for.
UVBGSA’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 CONSULTANT 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
7
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.
Addresses for purpose of giving notice are as follows:
To UVBGSA: UVBGSA
340 Lake Mendocino Drive
Ukiah, CA 95482
Attn: Amber Fisette
To CONSULTANT: Mendocino County Resource Conservation District
410 Jones St., Ste. C-3
Ukiah, CA 95482
ATTN: Joe Scriven
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 UVBGSA PROPERTY: CONSULTANT shall not use UVBGSA 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:
CONSULTANT certifies that it will comply with all Federal, State, and local laws,
rules and regulations pertaining to nondiscrimination in employment.
a. CONSULTANT 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.
8
b. CONSULTANT shall, if requested to so do by UVBGSA, certify that it has
not, in the performance of this Agreement, engaged in any unlawful
discrimination.
c. If requested to do so by UVBGSA, CONSULTANT shall provide UVBGSA
with access to copies of all of its records pertaining 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.
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 CONSULTANT shall include the provisions set forth in this paragraph
in each of its subcontracts.
13. DRUG-FREE WORKPLACE: CONSULTANT and CONSULTANT's employees
shall comply with County of Mendocino’s policy of maintaining a drug-free
workplace. Neither CONSULTANT nor CONSULTANT'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, heroin, cocaine, and amphetamines, at any County facility or work
site. If CONSULTANT or any employee of CONSULTANT is convicted or pleads
nolo contendere to a criminal drug statute violation occurring at a County facility
or work site, the CONSULTANT, within five days thereafter, shall notify the head
of UVBGSA. Violation of this provision shall constitute a material breach of this
Agreement.
14. ENERGY CONSERVATION: CONSULTANT 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: CONSULTANT shall
comply with all necessary licensing requirements and shall obtain appropriate
licenses. To the extent required by law, CONSULTANT shall display licenses in
a location that is reasonably conspicuous. Upon UVBGSA’s request,
CONSULTANT shall file copies of same with UVBGSA.
CONSULTANT represents and warrants to UVBGSA that CONSULTANT 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 CONSULTANT shall make available to
UVBGSA, its authorized agents, officers, or employees, for examination any and
all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other
9
records or documents evidencing or relating to the expenditures and
disbursements charged to UVBGSA, and shall furnish to UVBGSA, within sixty
(60) days after examination, its authorized agents, officers or employees such
other evidence or information as UVBGSA may require with regard to any such
expenditure or disbursement charged by the CONSULTANT.
The CONSULTANT shall maintain full and adequate records in accordance with
UVBGSA requirements to show the actual costs incurred by the CONSULTANT in
the performance of this Agreement. If such books and records are not kept and
maintained by CONSULTANT within the County of Mendocino, California,
CONSULTANT shall, upon request of UVBGSA, make such books and records
available to UVBGSA for inspection at a location within UVBGSA or CONSULTANT
shall pay to UVBGSA the reasonable, and necessary costs incurred by UVBGSA in
inspecting CONSULTANT’s books and records, including, but not limited to, travel,
lodging and subsistence costs. CONSULTANT shall provide such assistance as
may be reasonably required in the course of such inspection. UVBGSA 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 UVBGSA, and the CONSULTANT 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 UVBGSA makes the final or
last payment or within four (4) years after any pending issues between UVBGSA
and CONSULTANT with respect to this Agreement are closed, whichever is later.
17. DOCUMENTS AND MATERIALS: CONSULTANT shall maintain and make
available to UVBGSA for its inspection and use during the term of this Agreement,
all Documents and Materials, as defined in Paragraph 8 of this Agreement.
CONSULTANT’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 UVBGSA), and CONSULTANT shall
in no event dispose of, destroy, alter or mutilate said Documents and Materials, for
four (4) years following UVBGSA’s last payment to CONSULTANT 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: UVBGSA has and reserves the right to suspend, terminate or
abandon the execution of any work by the CONSULTANT without cause at any
time upon giving to the CONSULTANT notice. Such notice shall be in writing
and may be issued by any UVBGSA officer authorized to execute or amend the
contract, UVBGSA Chair of the Board of Directors, or any other person
designated by UVBGSA. In the event that UVBGSA should abandon, terminate
or suspend the CONSULTANT’s work, the CONSULTANT shall be entitled to
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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
CONSULTANT for its Groundwater Elevation Monitoring Services shall not
exceed $11,184 payment for services provided hereunder prior to the effective
date of said suspension, termination or abandonment or lack of funding.
20. NON APPROPRIATION: If UVBGSA 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, UVBGSA may unilaterally terminate this Agreement only upon thirty
(30) days written notice to CONSULTANT. Upon termination, UVBGSA shall
remit payment for all products and services delivered to UVBGSA and all
expenses incurred by CONSULTANT prior to CONSULTANT’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 governed 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: CONSULTANT shall not use the name of
UVBGSA, its officers, directors, employees or agents, in advertising or publicity
releases or otherwise without securing the prior written consent of UVBGSA 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 UVBGSA and CONSULTANT 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
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Agreement and any of the Exhibits, the provisions in the body of this Agreement
shall control.
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 UVBGSA has good objective
cause to believe CONSULTANT may not be adequately performing its
obligations under this Agreement or that CONSULTANT may fail to complete the
Services as required by this Agreement, UVBGSA may request from
CONSULTANT prompt written assurances of performance and a written plan
acceptable to UVBGSA, to correct the observed deficiencies in CONSULTANT’s
performance. CONSULTANT shall provide such written assurances and written
plan within thirty (30) calendar days of its receipt of UVBGSA’s request and shall
thereafter diligently commence and fully perform such written plan.
CONSULTANT 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: CONSULTANT shall not subcontract,
assign or delegate any portion of this Agreement or any duties or obligations
hereunder without UVBGSA’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 authority
to approve subcontractor(s).
c. CONSULTANT shall remain fully responsible for compliance by its
subcontractors with all the terms of this Agreement, regardless of the
terms of any agreement between CONSULTANT 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.
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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
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: CONSULTANT warrants and
represents that it has secured all rights and licenses necessary for any and all
materials, services, processes, software, or hardware (“CONSULTANT
PRODUCTS”) to be provided by CONSULTANT in the performance of this
AGREEMENT, including but not limited to any copyright, trademark, patent, trade
secret, or right of publicity rights. CONSULTANT hereby grants to UVBGSA, 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 CONSULTANT
PRODUCTS to the extent reasonably necessary to use the CONSULTANT
PRODUCTS in the manner contemplated by this agreement.
CONSULTANT further warrants and represents that it knows of no allegations,
claims, or threatened claims that the CONSULTANT PRODUCTS provided to
UVBGSA 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 UVBGSA relating to a CONSULTANT PRODUCT, CONSULTANT shall
indemnify and defend UVBGSA pursuant to Paragraph 2 of this AGREEMENT.
In the case of any such claim of infringement, CONSULTANT shall either, at its
option, (1) procure for UVBGSA the right to continue using the CONSULTANT
Products; or (2) replace or modify the CONSULTANT 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 UVBGSA
Contractor shall cooperate with UVBGSA and UVBGSA staff in the performance
of all work hereunder.
35. PERFORMANCE STANDARD
Consultant 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
Consultant's profession. UVBGSA has relied upon the professional ability and
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training of Consultant as a material inducement to enter into this Agreement.
Consultant hereby agrees to provide all services under this Agreement in
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 Consultant's work by UVBGSA shall not
operate as a waiver or release. If UVBGSA determines that any of Consultant's
work is not in accordance with such level of competency and standard of care,
UVBGSA, in its sole discretion, shall have the right to do any or all of the
following: (a) require Consultant to meet with UVBGSA to review the quality of
the work and resolve matters of concern; (b) require Consultant 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.
36. ATTORNEYS’ FEES
In any action to enforce or interpret the terms of this agreement, including but not
limited to any action for declaratory relief, each party shall be solely responsible
for and bear its own attorneys’ fees, regardless of which party prevails.
[END OF GENERAL TERMS AND CONDITIONS]
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EXHIBIT A
DEFINITION OF SERVICES
CONSULTANT shall provide the following services:
• Monthly groundwater elevation monitoring of sixteen (16) wells during five (5)
months (January, February, March, May, June 2022), including outreach to well
owners, monitoring, reporting and record-keeping.
• January and April 2022 Monitoring for seven (7) wells instrumented with
telemetry, including updating access agreements, calibration, monitoring,
reporting, and record-keeping.
[END OF DEFINITION OF SERVICES]
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EXHIBIT B
PAYMENT TERMS
1. The Consultant shall be compensated on a time-and-expense basis not-to-
exceed eleven thousand one hundred eighty-four dollars ($11,184), in
accordance with the cost proposal, included as Attachment 1 to Exhibit B. This
fee shall not be exceeded without the prior written authorization from the County.
2. UVBGSA shall pay CONSULTANT for all work requested upon the satisfactory
completion of said work.
3. CONSULTANT's statement of charges shall be submitted to UVBGSA no less
than quarterly.
4. Payments for work completed by CONSULTANT will be made by UVBGSA
within 30 days of receipt of CONSULTANT's invoice.
[END OF PAYMENT TERMS]
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ATTACHMENT 1 TO EXHIBIT B
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EXHIBIT C
INSURANCE REQUIREMENTS
Insurance coverage in a minimum amount set forth herein shall not be construed
to relieve CONSULTANT for liability in excess of such coverage, nor shall it
preclude UVBGSA 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, Consultant’s indemnity obligations under
Paragraph 2 of this Agreement.
CONSULTANT shall obtain and maintain insurance coverage as follows:
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.
CONSULTANT shall furnish to UVBGSA certificates of insurance evidencing the
minimum levels described above.
[END OF INSURANCE REQUIREMENTS]
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EXHIBIT D
EPAYABLES INFORMATION
UVBGSA 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 of Mendocino 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 email
Auditorap@mendocinocounty.org.
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