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HomeMy WebLinkAbout2025-01-09 UVBGSA Packet UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 340 Lake Mendocino Dr. • Ukiah •California 95482 • (707)463-4363 •fax (707)463-5474 NOTICE OF BOARD MEETING NOTICE IS HEREBY GIVEN that the Ukiah Valley Basin Groundwater Sustainability Agency("Agency") Board of Directors("Board")will hold on January 2025 Board meeting at: 10:00 AM—12:00 PM on Thursday January 9,2025 County of Mendocino Board of Supervisors Chambers 501 Low Gap Road Room 1010, Ukiah,CA 95482 The meeting will be held in hybrid setting where those who wish to attend virtually may do so at the following Zoom link below. https:llus02web.zoom.us1i181297050348?pwd=UHdnaOtGOSsybXVpajdsTHIwTiBwQT09 Meeting ID:812 9705 0348 Passcode:323267 YouTube Live Stream link: ht1m/{yQ ub-e,cprnflivel zeBBnB 3 ,)g0 = fig Topic: Ukiah Valley Basin Groundwater Sustainability Agency January 2025 Board Meeting The public may participate digitally in meetings by sending comments to staff@ukiahvalleygroundwater.org or by clicking the link above to join the Zoom meeting, in lieu of personal attendance. All email comment must be received by 5:00 P.M.the day prior business day (Wednesday January 8, 2025)to the meeting in order to be published online prior to the meeting. Action Items that may require a Board vote are indicated with an * on the Agenda. UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 340 Lake Mendocino Dr. • Ukiah • California 95482 0 (707)463-4363 0 fax (707)463-5474 Agenda 1. Call to Order and Roll Call 2. *Approval of Agenda Recommended Action:Board approve Agenda for January 9, 2025, Regular Board Meeting. 3. Public Comment on Items Not on the Agenda This time is reserved for the public to address the Board about matters not on the agenda and within the jurisdiction of the Board. Persons wishing to speak on the specific agenda items should do so at the time specified for those items. 4. Discussion and Possible Action Items O a. *Board Chair Elections Board to elect Board Chair and Vice-Chair per the Ukiah Valley Basin Groundwater Sustainability Agency Joint Powers Agreement for two-year term. Recommended Action:Elect Board Chair and Vice-Chair. b. *Groundwater Sustainability Fee Direct Billing Threshold Board will consider a resolution to set a threshold for minimum total bills to be issued through the direct billing of the groundwater sus tainability fee. Recommended Action:Board adopt Resolution 2025-01 to set a threshold for minimum total bills to be issued through the direct billing of the groundwatersustainobility fee. c. *California Department of Fish and Wildlife Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study Grant Agreement Board will consider a resolution to enter into a grant agreement with the California Department of Fish and Wildlife(CDFW)for the Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study. Recommended Action:Board adopt Resolution 2025-02 to enter into a grant agreement with CDFW for the Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study. UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 340 Lake Mendocino Dr. • Ukiah •California 95482 • (707)463-4363 •fax(707)463-5474 d. *F_Y 2024-2025 Budget Adjustment GSA Staff will present proposed FY24-25 Budget Adjustment to incorporate grant funding and align budget with prior Board direction. Recommended Action:Board adopt Resolution 2025-03 to accept the proposed FY 2024- 25 Budget Adjustment. e. *City of Ukiah Administration Services Contract Board will review the proposed City of Ukiah Administration Services Contract. Recommended Action:Board approve City of Ukiah Administration Services Contract. f. *Hansford Economic Consulting Fee Setting Services Contract Board will review the proposed Hansford Economic Consulting Fee Setting Services Contract. Recommended Action:Hoard approve Hansford Economic Consulting Fee Setting Services Contract. g. Monitoring and Water Year 2024 Annual Report GSA staff and LWA will update the Board on the results from water quality monitoring in Fall 2024 and next steps for the Water Year 2024 Annual Report. h. Upcoming Potential Joint Powers Agreement Amendments GSA staff and Counsel will update the Board on the need for upcoming potential Joint Powers Agreement(JPA)Amendments to update the JPA with the potential removal of Upper Russian River Water Agency as a member agency and inclusion of the Ukiah Valley Water Authority as a member agency. Counsel will also present on the potential to revise the JPA to expand the Boards authority to appoint any member agency as Treasurer and Controller. 5. *Consent Items Recommended Action:Board adoption of the consent items in one motion. a. Approval of Minutes from October 10,2024, Board Meeting b. Approval of Financial Report of FY 202412025 through November 30,2024 6. Staff and GSA Partner Updates a. Updates from General Manager Board will receive updates from General Manger on GSA matters. b. Updates from GSA Legal Counsel l Board will receive updates from GSA Legal Counsel on legislation and other matters. (.4 a UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 4k- -, 340 Lake Mendocino Dr. • Ukiah •California 95482 • (707)463-4363 •fax(707)463-5474 V c. Updates from DWR and SWRCB Representative Board will receive updates from local DWR and/or SWRCB representative. d. Updates from GSA Partners on Local Projects Board will receive status updates of Project and Management Actions("PMAs")that GSA Partners are currently implementing. 7. Future Agenda Items 8. Adiournment The Ukiah Valley Basin Groundwater Sustainability Agency complies with Americans with Disabilities Act (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 Executive Office by calling(707)463-4441 at least five days prior to the meeting. Please reference the Mendocino County website to obtain additional information for the Ukiah Valley Basin Groundwater 5ustainability Agency: https.//ukiahvalleygroundwater.org/ 0 (' UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY _ 340 Lake Mendocino Dr. • Ukiah • California 95482 • (707)463-4363 •fax(707)463-5474 GSA Administration Staff Report Item No. 4B Date 1/9/2025 From UVBGSA General Manager(Harry Starkey) To Board of Directors Subject Groundwater Sustainability Fee Direct Billing Threshold Consent Agenda ❑ Regular Agenda ® Notice of Public Hearing ❑ Recommended Action GSA staff recommends the Board adopt Resolution 2025-01 to set a threshold for minimum total bills to be issued through the direct billing of the groundwater sustainability fee. Background The Board of Directors of the Ukiah Valley Basin GSA approved a groundwater sustainability fee on June 18, 2024 as authorized by Water Code section 10730 to fund the costs of a groundwater sustainability program, including implementation of the Ukiah Valley Basin GSP. As identified in the fee resolution,the majority of fees are collected by the Auditor-Controller of the County of Mendocino and included in property tax bills. However,direct billing is required to collect groundwater sustainability fees from public water systems and entities that do not receive a property tax bill (non-profits,government agencies, religious organizations, and parcels that meet the County's low-value exemption). A total of 513 parcels,with 105 unique owners,were identified as tax-exempt and therefore would require a direct bill. Of the 105 direct bills that would need to be developed,81 had a total value of less than$20.00. Due to the staff time and mailing costs of these direct bills, it was determined that the cost of invoicing for these direct bills was higher than the income generated. By not issuing direct bills to these 81 landowners,the GSA would forgo$256.88 in income for Fiscal Year 2024-2025,which is offset by the cost it would take to issue those direct bills. In addition,the bad debt estimates included in the fee study would cover the lack of income from these parcels. Based on costs of issuance and minimal income disturbance, GSA staff recommend the Board set a threshold of$20.00 for minimum total bills to be issued through the direct billing of the groundwater sustainability fee. Should the Board adopt an annual fee increase of 4%or the 12-month change in the West Region Consumer Price Index for All Urban Consumers(CPI U) as described in Resolution 24-05, then the direct bill total fee threshold of$20.00 should increase by an equal percentage or amount. (4kA UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 340 Lake Mendocino Dr. 0 Ukiah • California 95482 • (707)463-4363 0 fax(707)463-5474 lu Fiscal Impact If a$20.00 threshold for minimum total bills to be issued through the direct billing of the groundwater sustainability fee is established,the GSA would forgo$256.88 in income for Fiscal Year 2024-2025, which would be offset by the expense of issuing those direct bills. Attachments 1. Resolution 2025-01 0 0 Agenda Item: 4B,Attachment 1 Meeting Date:January 9, 2025 RESOLUTION NO.: 001-2025 Dated:January 9, 2025 RESOLUTION OF THE BOARD OF DIRECTORS OF THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY ESTABLISHING A THRESHOLD FOR MINIMUM TOTAL BILLS TO BE ISSUED THROUGH THE DIRECT BILLING OF THE GROUNDWATER SUSTAINABILITY FEE. WHEREAS,the Sustainable Groundwater Management Act(SGMA)of 2014 provides groundwater sustainability agencies(GSAs)with the authority to impose and collect fees on all applicable properties to fund regulatory activities within the GSAs'jurisdictional boundaries; and WHEREAS,the Ukiah Valley Basin GSA is the exclusive GSA over the Ukiah Valley Basin and developed a Groundwater Sustainability Plan (GSP)covering the entire basin,which the Department of Water Resources approved on July 27, 2023; and WHEREAS,the Board of Directors of the Ukiah Valley Basin GSA approved a groundwater sustainability fee on June 18, 2024 as authorized by Water Code section 10730 to fund the costs of a groundwater sustainability program, including implementation of the Ukiah Valley Basin GSP;and WHEREAS,the majority of groundwater sustainability fees are collected by the Auditor-Controller of the County of Mendocino and included in property tax bills; and WHEREAS, the General Manager of the Ukiah Valley Basin GSA is authorized to issue and collect direct bills of the groundwater sustainability fee for entities that do not receive a tax bill; and WHEREAS, the costs of collection of some direct bills exceeds the potential income generated from those direct bills. NOW, THEREFORE, THE BOARD OF DIRECTORS OF UKIAH VALLEY BASIN GSA DOES HEREBY RESOLVE AS FOLLOWS: 1. That the General Manager of the Ukiah Valley Basin Groundwater Sustainability Agency, or the Board's designee, is hereby authorized and directed to abstain from issuing direct bills of the groundwater sustainability fee where the total bill is less than or equal to$20.00. 2. That should the Board of Directors of the Ukiah Valley Basin GSA adopt an annual fee increase of 4% or the 12-month change (March to March) in the West Region Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor, Bureau of Labor Statistics, as described in Resolution 24-05, then the direct bill total fee threshold of$20.00 should increase by an equal percentage or amount. PASSED AND ADOPTED by the Board of Directors of Ukiah Valley Groundwater Sustainability Agency,this 91h day of January 2025, by the following vote: 4930-3267 5594.1014737.001 1 Agenda Item:4B, Attachment 1 Meeting Date:January 9, 2025 Q MEMBERS: Cline: Crane: Watts: McNerlin: Gaska: AYES: NOES: ABSENT: ABSTAIN: 50 ORDERED The within instrument is a correct copy of the original on file with this office. ATTEST: DATE:January 9,2025 Theresa McNerlin Secretary/Clerk of the Board of Directors of the Ukiah Valley Basin Groundwater Sustainability Agency, County of Mendocino, State of California 0 4930-3267-5594.1014737.001 2 0 "INUKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 340 Lake Mendocino Dr. • Ukiah • California 95482 • (707)463-4363 •fax (707)463-5474 low GSA Administration Staff Report Item No. 4C Date 1/9/2025 From UVBGSA General Manager(Harry Starkey) To Board of Directors Subject California Department of Fish and Wildlife Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study Grant Agreement Consent Agenda ❑ Regular Agenda ® Notice of Public Hearing Cl Recommended Action GSA staff recommends the Board adopt Resolution 2025-02 to enter into a grant agreement with CDFW for the Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study. Background + On September 26, 2024 the Ukiah Valley Basin Groundwater Sustainability Agency was awarded $1,359,500 as part of the California Department of Fish and Wildlife's(CDFW)Cannabis Restoration Grant Program to complete the Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study (GDE ISW).The GDE-ISW Study is a Project and Management Action (PMA) identified in the Groundwater Sustainability Plan. The Study aims to address critical data gaps by evaluating the relationship between surface water, groundwater,and ecosystems in the Ukiah Valley Basin.Activities will include installing monitoring equipment,assessing water connectivity,and analyzing habitat and water quality improvements.This work will inform future updates to the GSP and support groundwater sustainability efforts. In order to enter into a grant agreement with CDFW,a resolution authorizing the General Manager to execute the agreement is needed. In addition, the proposed resolution would authorize the General Manager, or Board designee, to execute any future grant agreement amendments with CDFW, submit invoices, and submit any reporting requirements. Fiscal Impact GSA would receive$1,359,500 in grant funding from time of execution through December 31, 2028. Attachments 1. Resolution 2025-02 2. Draft Grant Agreement with CDFW Agenda Item: 4C,Attachment 1 Meeting Date:January 9, 2025 RESOLUTION NO.: 002-2025 Dated:January 9, 2025 RESOLUTION OF THE BOARD OF DIRECTORS OF THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY APPROVING A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR THE UPPER RUSSIAN RIVER GROUNDWATER DEPENDENT ECOSYSTEM AND INTERCONNECTED SURFACE WATER STUDY UNDER THE CANNABIS RESTORATION GRANT PROGRAM AND AUTHORIZING THE GENERAL MANAGER OF THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY TO CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE. WHEREAS, since 2017-2018,the California Department of fish and Wildlife has administered the Cannabis Restoration Grant Program with funds from the Environmental Restoration and Protection Account for the cleanup, remediation, and restoration of environmental damage in watersheds affected by cannabis cultivation and related activities and to support local partnerships for this purpose; and WHEREAS, on December 6, 2021 the Ukiah Valley Groundwater Sustainability Agency (GSA) adopted a Groundwater Sustainability Plan which identified a critical Project and Management Action to conduct a Groundwater Dependent Ecosystem and Interconnected Surface Water Study; and WHEREAS, the Groundwater Sustainability Plan for the Ukiah Valley basin was approved by the California Department of Water Resources on July 27, 2023; and WHEREAS,in October 2023,the Ukiah Valley Basin GSA submitted an application to the California Department of Fish and Wildlife rolling Cannabis Restoration Grant Program to conduct the Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study; and WHEREAS, on September 26, 2024 the Ukiah Valley Basin GSA was noticed of an award of $1,359,500 to complete the Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study;and WHEREAS, the GSA must enter into an agreement with the State of California to receive grant funds. NOW, THEREFORE, THE BOARD OF DIRECTORS OF UKIAH VALLEY BASIN GSA DOES HEREBY RESOLVE AS FOLLOWS: 1. That the General Manager of the Ukiah Valley Basin Groundwater Sustainability Agency, 1 Agenda Item:4C,Attachment 1 Meeting Date:January 9, 2025 Fish and Wildlife for the Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study. PASSED AND ADOPTED by the Board of Directors of Ukiah Valley Groundwater Sustainability Agency,this 91h day of January 2025, by the following vote: MEMBERS: Cline: Crane: Watts: McNerlin: Gaska: AYES: NOES: ABSENT: ABSTAIN: SO ORDERED The within instrument is a correct copy of the original on file with this office. ATTEST: DATE:January 9,2025 Theresa McNerlin Secretary/Clerk of the Board of Directors of the Ukiah Valley Basin Groundwater Sustainability Agency, County of Mendocino,State of California . State of California- Natural Resources Agency GAVIN NEWSOM, Govemor 1-4 DEPARTMENT OF FISH AND WILDLIFE CHARLTONH. BONHAM,Director P.O. Box 944209 Sacramento, CA 94244-2090 www.wildlife.ca.gov Cannabis Restoration Grant Program Upper Russian River Groundwater Dependent Ecosystem and Interconnected Surface Water Study Grant Agreement Number - Q2496105 GRANTOR: State of California, acting by and through The California Department of Fish and Wildlife P.O. Box 944209 Sacramento, CA 94244-2090 GRANTEE: Ukiah Valley Groundwater Sustainability Agency 340 Lake Mendocino Drive Ukiah, CA 95482 SECTION 1 — LEGAL BASIS OF AWARD Pursuant to Revenue and Taxation Code Section 34019(f)(2).and Fish and Game Code Section 1501.5(b), the California Department of Fish and Wildlife (Grantor or CDFW), is authorized to enter into this grant agreement (Agreement) and to make an award to the Ukiah Valley Groundwater Sustainability Agency (Grantee), for the purposes set forth herein. Grantee accepts the grant on the terms and conditions of this Agreement. Accordingly, Grantor and Grantee (Parties) hereby agree as follows: SECTION 2—GRANT AWARD 2.01 Grant: In accordance with the terms and conditions of this Agreement, including Section 5.03 — General Terms and Conditions, Grantor shall provide Grantee with a maximum of $1,359,500 (Grant Funds) to financially support and assist Grantee's implementation of the Upper Russian River Groundwater Dependent Ecosystem and interconnected Surface Water Study (Project). 2.02 Term: The term of this agreement is upon Grantor approval, through December 31, 2028. SECTION 3—ELIGIBLE USES OF GRANT Only Grantee expenditures that are necessary to implement the Project, comply with applicable federal and State of California law, and made in accordance with Section 6 — Project Statement and Section 9— Budget and Payment as set forth within this Agreement are eligible for reimbursement from the Grant Funds. (Template Rev 10114/24) 02496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY SECTION 4—GRANTEE'S REPRESENTATIONS AND WARRANTIES Grantee represents and warrants to Grantor as follows: 4.01 Existence and Power: Grantee is a public entity, validly existing, and in good standing under the laws of California. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder. 4.02 Binding Obligation: This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with the Agreement's terms. SECTION 5—GRANTEE'S AGREEMENTS 5.01 Purpose: This Agreement is entered into by the Parties for the purpose of providing financial support to Grantee to complete the Project, specifically the activities identified within Section 6 — Project Statement. 5.02 Proiect: Grantee will complete the Project as set forth in Section 6 - Project Statement. 5.03 General Terms and Conditions: Public Entities General Grant Provisions (Exhibit 1.a) and Notice of Economic Sanctions (Exhibit 3) is attached hereto and made a part of this Agreement. 5.04 Submission of Reports: Grantee shall comply with the format, content, and timing requirements set out in Section 8 — Reports. Failure to submit timely and accurate reports shall be considered evidence of non-compliance with this Agreement and shall permit termination of this Agreement by Grantor. 5.05 Amendments, Personnel, Schedule, and Budget Revisions: Grantee shall submit any request to amend any term of this Agreement in writing to the CDFW Grant Manager. Grantee must include an explanation of and justification for any such request. This Agreement may only be amended in accordance with Section 2 of Exhibit 1.a, except that the CDFW Grant Manager may approve via email the following types of requests: 1. a. b. 2. Page 2 of 13 02496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY a. Are consistent with the Project as detailed in Section 6 - Project Statement; b. Do not increase the total amount of Grant Funds; c. Do not, in the aggregate, transfer more than 10% of the Grant Funds relative to the initial Budget in this Agreement or the Budget in an amendment to this Agreement executed in accordance with Section 2 of Exhibit 1.a. An amendment executed in accordance with Section 2 of Exhibit 1.a will reset the 10% threshold. 5.06 Acknowledgement of Credit: Grantee shall recognize the cooperative nature of the Project and shall provide credit to "Cannabis Restoration Grant Program" and "California Department of Fish and Wildlife" on signs, demonstrations, promotional materials, advertisements, publications, presentations, or exhibits, websites, invitations, and other media-related and public-outreach products prepared or approved by Grantee referencing the Project. Grantee shall submit any media-related and public-outreach products to the CDFW Grant Manager for a mandatory 14 calendar review. Grantee shall post one or more sign(s) on the Property (as defined in Section 6.03.1 — Location) to indicate the participation of "California Department of Fish and Wildlife" using "Cannabis Restoration Grant Program" funding. Any sign installed on the Property referencing the Project shall be subject to the mutual agreement of Grantor, Grantee, and Landowner (as defined in Section 6.03.1 — Location) regarding text, design, and location. Grantee shall follow all acknowledgement of credit requirements for media and communications per CDFW's Office of Communication, Education and Outreach style guide. 5.07 Notice to Proceed and Landowner Access: Grantee must not proceed with on the ground implementation until it has received a Notice to Proceed from the CDFW Grant Manager. The CDFW Grant Manager will not issue a Notice to Proceed until Grantee has secured all required permits, provided copies of such permits to the CDFW Grant Manager, and secured Project Site Access (as defined in Section 6.03.3 of this Agreement) that the CDFW Grant Manager determines is adequate. SECTION 6—PROJECT STATEMENT 6.01 Introduction: This Project will characterize surface and groundwater interconnection and groundwater-dependent ecosystems that support Chinook salmon and steelhead in the upper Russian River and its fish bearing tributaries within the Ukiah Valley Basin and adjacent watersheds. Geochemical, biological, and physical monitoring will be combined with hydrological modeling to characterize the spatial extent and timing of interconnection under management, climate scenarios, and ecosystem impacts. This Project will allow proactive recommendations to be made to improve ecosystem outcomes, benefit instream Page 3 of 13 Q2496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY flows, and support salmonids within the basin. The results of this Project will guide water resource management and conservation land acquisitions. 6.01.1 Objectives: This project seeks to advance protection of interconnected surface waters and groundwater dependent ecosystems. Specific objectives of this Project are to: • Monitor waters through desktop and modeling exercises, including detailed aerial and field-level biological surveys. • Create an expanded monitoring network including well sensors and geochemical and isotopic measurements. • Develop a long-term monitoring plan and recommendations for water resource management strategies within the Basin. 6.02 Project Description: 6.02.1 Location: The Project is located on approximately 1 acre of privately— owned and publicly—owned land located at 39.145067, -123.20010, in Mendocino County, California (Property). 6.02.2 Project Type: [describe project type based on types described in Solicitation, i.e., Cleanup and Remediation on Qualified Public Land; Cleanup and Remediation on Private Land; Road Treatments; Wildlife and Habitat Enhancement; Water Conservation] 6.02.3 Materials and Equipment: Equipment purchases must comply with Section 19 of Exhibit 1.a. Field supplies consisting of, but not limited to sounders, portable pumps, and miscellaneous parts for repair and maintenance of gages and groundwater stations are included in the Budget. Equipment items including stream gages (used for stream height monitoring), continuous groundwater and temperature transducers (used for groundwater level monitoring), and shallow piezometer transacts (used for groundwater modeling) are included in the Budget. 6.02.4 Project Implementation: Consistent with Grantee's proposal for the Project, Grantee will complete the following tasks in accordance with Section 6.04 --- Schedule of Due Dates and Deliverables. Task 1 — Project Management and Administration Grantee will provide technical and administrative services associated with implementation of the Project, including managing this Agreement, assuring all permits are finalized, securing Project Site Access, administering subcontracts, invoicing and payments, drafting and finalizing progress and final reports, and data management. Subtask 1.1 — Data Management Page 4 of 13 02496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY Grantee will coordinate data management activities. Grantee, its subcontractors and collaborators shall be responsible for ensuring that data collection, data acquisition, and/or data development activities will incorporate the standards expressed in CDFW's Scientific Integrity Policy (https:llnrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=154775&inli ne) and Scientific Data Governance Policy. Grantee shall submit a Data Management Plan. The CDFW Grant Manager will provide the Data Management Plan form upon Grant execution. Grantee and its subcontractors and/or collaborators are responsible for ensuring that project data are collected using peer-approved methods, undergo a quality control and accuracy assessment process, include metadata that meet CDFW's minimum standards (httl2s://www.wildlife.ca,gov/Data/BIOS/Metadata) and include documentation of the methods and quality assessments utilized, and are properly stored and protected until the Project has been completed and data have been delivered as required under this Grant Agreement. All scientific data collection efforts are required to include metadata files or records indicating at a minimum: 1. Who collected the data; 2. When the data was collected; 3. Where the data was collected; 4. How the data was collected (description of methods and protocols); 5. The purposes for which the data was collected; 6. Definitions of variables, fields, codes, and abbreviations used in the data, including units of measure; 7. The terms of any landowner access agreement(s), if applicable; 8. References to any related Department permits or regulatory actions; 9. Peer review or statistical consultation documentation; and 10.Data licensing and disclaimer language. All data and associated metadata collected by or created under this Agreement are a required deliverable of this Agreement. All data deliverables should be budgeted for and included in the Project timeline as a part of this Agreement. A condition of final payment on this Agreement shall include the delivery of all related data assets. Geospatial data must be delivered in an industry-standard geospatial data format where applicable and documented with metadata in accordance with the CDFW Minimum Metadata Page 5 of 13 02496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY Standards. Data related to observation, occurrence, or distribution of state or federal special status species or California Native Plant Society listed species shall be reported to the California Natural Diversity Database (CNDDB) using the online field survey form or other digital method. Consistent with Fish and Game Code Section 857, subdivision (a), Grantee will obtain written landowner consent for data collection requiring access to private lands. The permission letter must state that Grantor cannot limit the distribution of data collected on private land unless the law specifically exempts such data from disclosure. This provision does not apply to emergencies or to wildlife officers carrying out peace officer duties pursuant to Fish and Game Code Section 857, subdivisions (b) and (c), and other laws. For scientific data collection from an Indian tribe or requiring access to tribal lands, Grantee will work cooperatively with the specific tribe to develop an agreement with the tribe consistent with the tribal communication and consultation policies established by CDFW Bulletin 2014-07 (https:llnrm_dfq.ca.gov/FileHandler_ashx?DocumentlD=122905&inli ne). Water quality data generated by the Project will be collected in a manner that is compatible and consistent with the California Environmental Data Exchange Network (CEDEN, https://www.sfei.org/rdc tools) (CWC §79704). Grantee shall upload relevant data to CEDEN and provide a receipt of successful data submission, generated by CEDEN, to the CDFW Grant Manager prior to submitting a Final Invoice. Groundwater monitoring data generated by the Project will be collected and reported in a manner that is compatible and consistent with the groundwater data systems administered by the State Water Resources Control Board (CWC § 79704). Grantee shall upload relevant data to GeoTracker GAMA (httos:l/www.waterboards.ca.gov/gama/) and provide proof of successful data submission to the CDFW Grant Manager prior to submitting a Final Invoice. Task 1.2 — Landowner Access Agreements Grantee will obtain and submit to the CDFW Grant Manager copies of all required landowner access agreements for the Project Page 6 of 13 02496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY Task 2: Monitoring Plan Development Grantee's shall be held responsible for the completion of the following, but not limited to: • Will conduct aerial and field-level biological surveys, including fish counts, throughout the Ukiah Valley Basin and its watershed. • Combine this new characterization with stakeholder and Tribal input to design an expanded integrated surface water monitoring network with adequate coverage in the upper Russian River and its key fish-bearing tributaries. The City of Ukiah will be consulted to ensure that the network supports their effort to expand open space holdings in the Western Hills. • Install continuous sensors to measure temperature and water level in up to 10 wells that complement the existing network. • Develop a plan for assessment and long-term monitoring of groundwater influx using geochemical tools and field and aerial surveys. Grantee will submit to CDFW Grant Manager a monitoring plan and baseline monitoring report for the project. Task 3: Water Resource Management Recommendations Grantee's shall be held responsible for the completion of the following, but not limited to: • Update the Ukiah Valley Basin Integrated Hydrological Model (UVIHM) to incorporate results from monitoring to improve characterization of the shallow aquifer, surface water interconnection and the streamflow, budget. • Use the UVIHM to run pumping and surface water management scenarios under differing climate and Potter Valley Project diversion conditions to understand potential impacts. Develop a report containing guidance for water resource management that minimizes impacts to key habitat for sensitive fish species, under a variety of conditions. • Share the results with stakeholders and Tribes in a public meeting Grantee will submit to CDFW Grant Manager a report containing water management recommendations, and public meeting information. 6.04 Schedule of Due Dates and Deliverables: Task Description Deliverables Estimated Completion Dates 1 Project Management Progress Reports A progress report is and Administration due with each Page 7 of 13 02496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY Task Description Deliverables Estimated Completion Dates submitted invoice or at least quarterly. Invoices Due no more frequently than monthly and no less frequently than quarterly following rant execution. Copies of Executed Due Quarterly, upon Subcontracts execution. Final Progress Report 03/01/2028 Final Invoice Due no later than 45 days after the Grant Term end date. 04/15/2028 1.1 Data Management Data Management Due no later than the Plan and proof of data Grant Term end date. submission to public 03/01/2028 portals 1.2 Landowner Access Copies of Landowner Due Quarterly, upon Agreements Access Agreements execution. 2 Monitoring Plan Monitoring plan and 03/01/2028 Development baseline monitoring report 3 Water Resource Report containing 03/01/2028 Management water management Recommendations recommendations, and public meeting information SECTION 7—CONTACTS The point of contact may be changed at any time by either party by providing a 10—day advance written notice to the other party. The Parties hereby designate the following points of contact during the Term of this Agreement: CDFW Grant Manager Grantee Project Manager Name: Sinan Dunlap Name: Harry Starke Title: Grant Manager Title: General Manager Page 8 of 13 Q2496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY Address: 1010 Riverside Pkwy, West Address: I 340 Lake Mendocino Drive Sacramento, CA 95605 Ukiah, CA 95482 Phone: 916 594-5374 Phone: 707-370-4170 Email: Sinan.Dunlap@wildlife.ca.gov Email: admin@ukiahvalleygroundwater.org Direct all administrative inquiries to: CDFW Grant Coordinator Grantee Project Coordinator Name: Ma ra Me'ia-Sexton Name: Har Starke Title: CDFW Grant Coordinator Title: General Manager Address: 1010 Riverside Pkwy, Address: 340 Lake Mendocino Drive West Ukiah, CA 95482 Sacramento, CA 95605 Phone: 916 594-4863 Phone: 707-370-4170 Email: Mayra.Mejia- Email: admin@ukiahvalleygroundwater.org Sexton Wildlife.ca. ov SECTION 8—REPORTS 8.01 Progress Reports: Grantee shall submit Progress Reports [with each invoice OR at least quarterly] that comply with the requirements below to the CDFW Grant manager. The CDFW Grant Manager will provide Grantee with progress report templates. Requirements: 1. Grantee name,the Project title, this Agreement number, and dates progress report covers; 2. Activities and tasks performed and/or completed, a summary of progress to date including progress since the last report, and a brief outline of upcoming work scheduled for the subsequent period; 3. Documentation of all subcontractor activities; 4. Updates on progress towards meeting project objectives, output and outcome performance measures; 5. Document delivery of any intermediate work products; 6. Costs incurred during the subject period, total of costs incurred to date, and the remaining balance; 7. Any problems encountered while performing the tasks and proposed solutions, timeline for resolution, and status of previously unresolved problems; and 8. Grantee must submit Progress Reports electronically in PDF or Microsoft Word compatible format and conform to the templates provided by the CDFW Grant Manager. 8.02 Draft and Final Reports: Grantee must submit Final Progress Report electronically to the CDFW Grant Manager by the dates listed in Section 6.04 — Schedule of Due Dates and Deliverables. The Final Progress Report must Page 9 of 13 Q2496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY summarize the life of the Agreement and describe the work and results pursuant to Section 6 - Project Statement, as well as summarize the Project's accomplishments consistent with the project's objectives. Grantee will include a Final Invoice (as defined in Section 9.02.2 of this Agreement) with the Final Progress Report. The CDFW Grant Manager will provide Grantee a final progress report template. 8.03 Project Close-Out Summary Report: Grantee shall prepare and submit a Project Close-Out Summary Report, to the CDFW Grant Manager, in either PDF or Microsoft Word compatible format by the dates listed in Section 6.04 — Schedule of Due Dates and Deliverables. Grantee's Project Close-Out Summary Report must summarize the Project's accomplishments consistent with the Cannabis Restoration Grant Program goals. The CDFW Grant Manager will provide Grantee with a Project Close-Out Summary Report template, upon request. 8.03 Document Accessibility: Grantee must submit all documentation required as part of this agreement to the CDFW Grant Manager in a format that meets web content accessibility standards (https://www.wildlife.ca.gov/Accessibility). SECTION 9—BUDGET AND PAYMENT 9.01 Budget Details and Funding Summary: Grantor will provide an amount not to exceed $1,359,500 as detailed below in the Line Item Budget Detail (Budget) below. Grantee or its partners will provide up to $45,000 in funds or in—kind services as cost share to complete tasks described in Section 6 — Project Statement. Grantee will provide Grantor accurate records of all cost share with Grantee's Final Report. Line Item Budget Detail A. PERSONNEL_SERVICES Personnel $80,000 Subtotal Personnel Services $80,000 Staff Benefits $0 Subtotal Personnel Services $80,000 B. OPERATING EXPENSES: GENERAL General Expenses (postage, office supplies, NOT IN $2,000 Indirect Charges) Field Supplies (sounder, portable pump, miscellaneous parts for $7,500 repair and maintenance of gages and groundwater stations Travel (Not to exceed State reimbursement rates) $30 000 Subtotal Operating Expenses: General $39,500 C. OPERATING EXPENSES: SUBCONTRACTORS Subcontractor 1 -- Environmental Geotechnical $660,000 Subcontractor 2 —Aquatic Ecology $250,000 Page 10 of 1 Q2496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY Line Item Budget Detail Subcontractor 3 — Isotope Labs $45,000 Subcontractor 4 —Water Quality Labs $75,000 Subcontractor 5 — Mendocino County Resource $30,000 Conservation District Subtotal Operating Expenses: Subcontractors $1,060,000 D. OPERATING EXPENSES: EQUIPMENT Stream gages $50,000 Continuous groundwater and temperature transducers $50,000 Shallow piezometer transects $80,000 Subtotal Operating Expenses: Equipment $180,000 E. INDIRECT COSTS Indirect Charge Rate NA $0 (Applies to Sections A +8, and the first$25K of each subcontractor) F. GRAND TOTAL(A+B+C+D+E) $1,359,500 Any changes or modifications to a fund source indicated below must be promptly reported to CDFW Grant Manager, in writing. Funding Sources Summary Source of Funds Cash In—Kind Total CDFW $1,359,500 $0 $1,359,500 Other A enc ies - City of Ukiah $0 $45,000 $0 Federal $0 $0 $0 Grantee $0 $0 $0 Other(s) including partners (if $0 $0 $0 applicable, state name Total Project Cost $1,359,500 $45,000 $1,404,500 9.02 Payment Provisions: 9.02.1 Disbursements: Grantor will disburse Grant Funds to Grantee not more frequently than monthly in arrears, upon receipt of an original itemized invoice and any required mandatory documentation as identified in Section 6.04 — Schedule of Due Dates and Deliverables. Grant disbursements will be mailed to the following Grantee address: Grantee Name: Ukiah Valley Basin Groundwater Sustainability Agency Attention: Amber Fisette Address: 340 Lake Mendocino Dr. Ukiah, CA 95482 0 Page 11 of 1 02496/05 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY 9.02.2 Invoice Documentation: Each invoice for payment must be accompanied by a written description, not to exceed two pages in length, of Grantee's performance under this Agreement since the time the previous such report was prepared. The report must describe the types of activities and specific accomplishments during the period for which the payment is being made rather than merely listing the number of hours worked during the reporting period. The report may be in the form of a Monthly OR Quarterly Progress Report. The final invoice must include a budget summary of all cost share expenditures by fund source, as applicable (Final Invoice). The CDFW Grant Manager will provide Grantee with a sample invoice template. The Final Invoice is due in accordance with Section 6.04 — Schedule of Due Dates and Deliverables. The invoice package must be submitted electronically through CDFW's WebGrants system to the CDFW Grant Manager. Requirements: The invoice must contain the following information: 1. The word "Invoice" should appear in a prominent location at the top of the page(s); 2. Printed name of Grantee on company letterhead; 3. Grantee's business address, including P.O. Box, City, State, and Zip Code; 4. Name of the CDFW Region/Division being billed; 5. The invoice date and the time period covered; i.e., the term "from" and "to"; 6. This Agreement number and the sequential number of the invoice (i.e., Q2496105—Invoice 1); 7. The invoice must be itemized using the categories and following the format of the Budget; 8. The total amount due. This should be in a prominent location in the lower right—hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice. The total amount due will include all costs incurred by Grantee under the terms of this grant; 9. The original signature of Grantee; and 10.Grantee must provide supporting documentation for the invoice and actual receipts. Page 12 of 13 02496105 UKIAH VALLEY GROUNDWATER SUSTAINABILITY AGENCY IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the Grantor date set forth below the signature. AUTHORIZED AGENT FOR GRANTEE By: Signature:_ Printed Name: Harry Starker Title: General Manager Date: CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE By: Signature: Printed Name Amelia Wright Title: Cannabis Program Director Date: This Agreement is exempt from DGS OLS approval, per SCM 4.06 Page 13 of 13 (4kA UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 340 Lake Mendocino Dr. • Ukiah • California 95482 0 (707)463-4363 fax (707)463 5474 ,a GSA Administration Staff Report Item No. 4D Date 1/9/2025 From UVBGSA General Manager(Harry Starkey) To Board of Directors Subject FY 2024-2025 Budget Adjustment Consent Agenda ❑ Regular Agenda ® Notice of Public Hearing ❑ Recommended Action Staff recommends that the Board adopt Resolution 2025-03 to accept the proposed FY 2024 2025 Budget Adjustment. Background On June 18, 2024,the Board of Directors passed the FY 2024/2025 budget. Since that time,the GSA has been awarded grant funding from CDFW and has directed GSA staff to make several contract budget adjustments.To accept the grant funding and to align the GSA budget with consultant budgets to ease with the proposed transition of administrative services, GSA staff are proposing a budget adjustment to the the FY 2024/2025 budget, as summarized below. Revenues In the proposed revenue, new grant funding from the California Department of Fish and Wildlife (CDFW) is captured.The total grant amount of$1,359,500 was proportioned equally across the lifespan of the grant for additional income in this FY of$214,615. Actual income would be dependent on grant reimbursement of grant related expenses. Expenses In the proposed expenses,costs were added associated with grant administration and the Interconnected Surface Water-Groundwater(SW-GW)Study in order to implement the CDFW grant ($202,615). In addition, costs were added that are associated with additional costs for West Yost to support transition of administrative services to the City of Ukiah (per the Board approved contract amendment,$15,000),and individual task budgets were adjusted to better align with actual anticipated costs for better fiscal management and to ease with the proposed transition of administrative services. All task budget transfers were cost neutral. UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 4N340 Lake Mendocino Dr. 0 Ukiah •California 95482 • (707)463-4363 •fax(707)463-5474 Fiscal Impact With the proposed adjustments,GSA staff anticipates collecting$798,625 in income in addition to an opening cash balance estimated at$91,237,$711,940 in expenses,and an estimated$177,922 in net total cash by the end of FY 2024/2025. Attachments 1. Proposed FY 2024-2025 Budget Adjustment 2. Resolution 2025-03 0 0 Approved FY24/25 Proposed Proposed FY24/25 [ Budget Adjustments Adjusted Budget Income Regular GSA Member Contributions $ - $ - FY-End Reserve $ 91,237 $ 91,237 Grants(CDFW) $ - $ 214,615 $ 214,615 Additional GSA Member Contributions $ - $ GSA Fee Revenue $ 600,000 $ 600,000 Bad Debt/Delinquencies/Appeals $ (15,990) $ (15,990) Total Income is 675,247 $ 889,862 Expenses GSA Administration 122,350 $ 140,515 County Admin(CoM) $ 5,200 $ 5,200 Board/TAC Meetings(WY) $ 43,700 $ 1,965 $ 45,665 Insurance(GSMRA) $ 2,600 $ 2,600 Legal(KMTG) $ 43,250 $ 43,250 Fee Program Administration(WY) $ 15,600 $ 1,200 $ 16,800 County Fee Costs(CoM) $ 12,000 $ 12,000 Administration Staffing Transition(WY) $ - $ 15,000 $ 15,000 PMA Admininstration 83,365 $ 80,200 GSP Implementation Oversight(WY) $ 20,203 $ 3,797 $ 24,000 Rate and Fee Support(WY) $ 5,200 $ (5,200) $ - Contracts/Fiscal Management(WY) $ 21,043 $ 11,957 $ 33,000 Miscellaneous $ - $ - Outreach, Engagement and Annual Workshops(WY) $ 9,720 $ (1,020) $ 8,700 Grant Writing(WY) $ 24,000 $ (24,000) $ - Grant Administration(WY) $ - $ 12,000 $ 12,000 Website/Email(WY) $ 3,200 $ (700) $ 2,500 GSP Implementation 125,250 $ 125,250 Annual Reporting(LWA) $ 20,800 $ 20,800 Technical Support(LWA+MCRCD) $ 54,200 $ 54,200 As-needed Technical Support(LWA) $ 20,000 $ 20,000 Monitoring/Data Collection(LWA+MCRCD) $ 30,250 $ 30,250 Well Telemetry(LWA) $ - $ - Project& Management Actions $ 163,360 $ 365,975 Periodic Evaluation Model Updates $ 31,200 $ 31,200 Rate and Fee Study(HEQ $ 40,000 $ 40,000 Fee Study Updates $ - $ - GSP Periodic Evaluation $ 51,600 $ 51,600 Well Inventory Study $ 40,560 $ 40,560 Recharge Master Plan $ - $ - Interconnected SW GWStudy $ $ 202,615 $ 202,615 Strategic Action and Funding Plan $ - $ - Total Expenses 494,325 $ 711,940 Net Income 180,922 $ 177,922 Net Total Cash 180,922 $ 177,922 Agenda Item:4D,Attachment 2 Meeting date:January 9, 2025 RESOLUTION NO.:003-2025 Dated:January 9, 2025 RESOLUTION OF THE BOARD OF DIRECTORS OF THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABI LITY AGENCY(UVBGSA) ADOPTING A BUDGET ADJUSTMENT FOR FISCAL YEAR 2024-2025 WHEREAS, UVBGSA Board of Directors approved an annual budget for Fiscal Year 2024-2025 on June 18, 2024; and WHEREAS,a mid-year budget adjustment was deemed necessary to accept grant funding and align the agency budget with Board direction; and WHEREAS, a mid-year budget adjustment has been prepared and presented to UVBGSA Board of Directors; NOW,THEREFORE, BE IT RESOLVED that the UVBGSA's Adjusted Budget for the period July 1, 2024 to June 30, 2025,attached hereto, is hereby adopted. PASSED AND ADOPTED by the Board of Directors of Ukiah Valley Groundwater Sustainability Agency,this 9'''day of January 2025, by the following vote: MEMBERS: Cline: Crane: Watts: McNerlin: Gaska: AYES: NOES: ABSENT: ABSTAIN: SO ORDERED The within instrument is a correct copy of the original on file with this office. ATTEST: DATE:January 9, 2025 Theresa McNerlin Secretary/Clerk of the Board of Directors of the Ukiah Valley Basin Groundwater Sustainability Agency, County of Mendocino,State of California 1 (!OOM 40 UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY _ 340 Lake Mendocino Dr. • Ukiah 0 California 95482 • (707)463-4363 •fax (707)463-5474 GSA Administration Staff Report Item No. 4E Date 1/9/2025 From City of Ukiah Director of Water&Sewer,Sean White To Board of Directors Subject City of Ukiah Administration Services Contract Consent Agenda Cl Regular Agenda ® Notice of Public Hearing 0 Recommended Action GSA Staff recommend the Board approve City of Ukiah Administration Services Contract. Background At its April 25, 2024 Meeting,the GSA Board established an ad hoc committee.This"Staffing Ad Hoc Committee" met with West Yost to assist in the transfer of knowledge to the new General Manager.The Ad Hoc also convened to discuss the future administrative support to the GSA and developed a proposal for the Board to consider. It is common practice for GSA's across California to engage one of the GSA members to provide General Manager and administrative staffing services.The Ukiah Valley Basin GSA originally depended on the County of Mendocino for these services during the development of the Groundwater Sustainability Plan (GSP) before engaging West Yost as an independent contractor in 2022. Detailed budget planning was completed during the development of the Rate and Fee proposal. After careful consideration and lengthy discussion,the Ad Hoc Committee recommended the GSA engage the City of Ukiah, a GSA member agency,to provide Executive Director and administrative staffing services. This recommendation was presented to the Board at the August 19 Special Board meeting. At that time, the Board requested further details on the potential cost savings of this approach and a potential cost proposal was developed and shared with the Board at their October 10 Board meeting. The costs developed indivated that the City of Ukiah's annual fees for conducting the same tasks as West Yost would be$85,337 per year in comparison to West Yost's annual fees of$142,863,a savings of approximately$57,085. At the October 10 Board Meeting,the Board directed the Ad Hoc to work with City of Ukiah staff and General Counsel to develop a detailed scope and contract for consideration at the January 9, 2025 Board meeting.The Ad Hoc has met and worked with Counsel and City of Ukiah staff to develop the attached proposal for administrative services of the Ukiah Valley Basin GSA. UKIAH VALLEY BASIN GROUNDWATER SUSTAI NABI LITY AGENCY 340 Lake Mendocino Dr.• Ukiah •California 95482• (707)463-4363 •fax(707)463-5474 Transition of administrative services could begin upon execution of the agreement and is expected to take several months to fully transition all services from West Yost to the City of Ukiah. Blake Adams, Chief Resilience Officer with the City of Ukiah will be taking on the role of General Manager of the Ukiah Valley Basin GSA.The transition of General Manager responsibilities will occur 30 days after the execution of the agreement with West Yost continuing to support administration services until the full transition of duties can occur. Fiscal Impact Potential Savings to the GSA of$57,085 per year. Attachments 1. Resolution 004-2025 Approving Contract with City of Ukiah for Administration Services 2. Draft Agreement with City of Ukiah for Administration Services 0 0 UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY PROFESSIONAL SERVICES AGREEMENT WITH CITY OF UKIAH TO PERFORM ADMINSITRATIVE SERVICES This Agreement is by and between the UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY,hereinafter referred to as"UVBGSA",and CITY OF UKIAH, hereinafter referred to as "CITY", entered into in Ukiah,California on ,2025("Effective Date"). UVBGSA and CITY may sometimes hereinafter be referred to as"Party", or collectively as"Parties". RECITALS WHEREAS, pursuant to Article 5 Section 5.2.7 of the Joint Powers Agreement,adopted on May 10, 2017,forming the Ukiah Valley Basin Groundwater Sustainability Agency(JPA), UVBGSA shall have the power to make and enter into contracts necessary to the full exercise of the Agency's power; and WHEREAS,the JPA was established to provide sustainable groundwater management in the Ukiah Valley groundwater basin pursuant to the Sustainable Groundwater Management Act("SGMA") (Part 2.74 of the California Water Code);and WHEREAS, in order to meet the various requirements of a groundwater sustainability agency under the Sustainable Groundwater Management Act(Part 2.74 of the California Water Code)("SGMA"), UVBGSA is in need of specialized,efficient, and cost-effective administrative services to administer the adopted Ukiah Valley Basin Groundwater Sustainability Plan;and WHEREAS, in order to function in compliance with appliable law and achieve its objectives,the Parties mutually agree it is in each of their own best interests for CITY to provide such services on the terms and conditions set forth in this agreement, and CITY is willing to provide the same; and WHEREAS,the Parties are contemplating a subsequent amendment to this Agreement to expand the scope of administrative services provided by CITY to include fiscal responsibilities,such as the CITY assuming responsibility for administering the roles of Treasurer and Controller of the UVBGSA. NOW,THEREFORE, it is agreed that UVBGSA does hereby retain CITY to provide the administrative services described herein,and CITY accepts such engagements hereinafter specified in this Agreement. (END OF RECITALS] 4929-8505 7036 1014737.001 1 AGREEMENT 0 1. DEFINITIONS: Capitalized terms used in this Agreement shall have the same meaning as provided in Article I of the JPA, unless otherwise specified herein. 2. GENERAL TERMS AND CONDITIONS: a. TERM:This Agreement shall commence on the Effective Date and remain in effect until terminated by either the Board or the City in writing.Termination shall occur not sooner than ninety(90)days after either Party gives written notice of termination.A different termination date may be established by mutual written agreement of the Parties.Upon termination of the Agreement by either Party,the City shall fully cooperate in the transition to another means of performingthe services provided by City under this Agreement, provided that UVBGSA pays the City its actual and reasonable costs of such cooperation.Upon the termination of this Agreement the City shall have no authority, responsibility or liability for UVBGSA's continued operations. b. INDEPENDENT CONTRACIOR: i. It is the express intention of the Parties that City is an independent contractor and not an employee,joint venturer,or partner of UVBGSA for any purpose whatsoe,%--r. UVBGSA shall have no right to and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by City under this Agreement,which are not policy decisions or do not require Board approval,and the general public and all governmental agencies regulating such activity shall be so informed. ii. Those provisions of this Agreement that reserve ultimate authority in UVBGSA have been inserted solely to achieve compliance with federal and state laws,rules,regulations,and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between City or any of City's employees and UVBGSA. iii. City shall pay all estimated and actual federal and state taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance,unemployment insurance and any other benefits required by law for its employees. iv. City agrees to indemnify and hold UVBGSA and its officers,agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by City, including the legal costs associated with defending against any audit,claim, demand or lawsuit. 4929-8505-7036.1014737,001 2 r v. In carrying out the work contemplated herein,CITY 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 City[s employees and not treated or considered in any way as officers, agents and/or employees of UVBGSA. vi. CITY does, by this Agreement, agree to perform its said work and functions at all times in strict accordance with all applicable federal,state and County laws, including,but not limited to, laws applicable to California general law cities. c. HOLD HARMLESS AND INDEMNITY. i. UVBGSA agrees to defend, indemnify,and save the City harmless from and against any and all claims, liability,damages or costs arising out of the decisions or directives of the Board.The City agrees to indemnify and defend UVBGSA from and against any claims,liability, damages or costs caused by the negligent acts,errors,omissions orwillful misconduct of its officers or employees in performing pursuant to this Agreement,but only in proportion to and to the extent such liability,loss, expense,attorneys'fees,or claims for injury or damages are caused by the City's officers,employees,or agents. ii. Each Party hereby agrees to defend itself from any claim,action or proceeding by third parties arising out of the acts or omissions of its officers or employees. In such cases,each Party agrees to retain its own legal counsel, bear its own defense costs,and waive its right to seek reimbursement of such costs each other. iii. Notwithstanding the above,where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties,the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments,judgments and awards,consistent with said comparative fault. iv. As required by Section 9 herein,the Parties are responsible to provide workers compensation insurance for injuries sustained in the normal course and scope of their respective employees' performance of services.The Parties waive any right of subrogation against each other for any and all losses sustained by the Parties,subject to such workers compensation coverage. 4929-8505-7036.1 014737.001 3 v. For purposes of this section,the terms"employee"or"employees" shall refer to and include employees, officers, agents, representatives, or subcontractors. vi. Notwithstanding the foregoing subsections i-v, no employee,officer,agent, representative,or subcontractor of any Party shall be considered an "employee"of the other Party for purposes of indemnification. d. IN-SURAN.C.E. i. Each Party shalt be responsible for maintaining a program of insurance that shall cover each Party's indemnification obligations.Without in any way affecting the indemnity herein provided and in addition thereto,each Party shall secure and maintain throughout the Agreement the following types of insurance, including coverage through a pooled risk joint powers agency with limits as shown. ii. Workers'Compensation. If the Party has employees,a program of Workers' Compensation insurance or a state-approved self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California,including Employer's Liability with$250,000 limits covering all persons providing services on behalf of each Party and all risks to such persons under this Agreement. iii. Comprehensive General and Automobile Liability Insurance:This coverage is to include contractual coverage and automobile liability coverage for owned, hired,and non-owned vehicles.The policy or self-insurance shall have combined single limits for bodily injury and property damage of not less than two million dollars($2,000,000.00). iv. Additional Named Insured:All policies,and/or memoranda of coverage, except Workers'Compensation,shall contain additional endorsements naming each Party and its officers,employees,agents and volunteers as additional named insured with respect to liabilities arising out of each Party's performance hereunder. v. Policies Primary and non-Contributory:All policies required above are to be the primary and non-contributory with any insurance or self-insurance carried or administered by each Party. e. QUWQBPM WLTH-LAW-AND SAF TY: i. In performing services under this Agreement,CITY shall observe and comply with all applicable laws,ordinances,codes and regulations of governmental 4929-8505-7036.1 014737,001 4 agencies,includingfederal,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.CITY shall indemnify and hold UVBGSA harmless from any and all liability,fines, and penalties a.from any of CITY's failure to comply with such laws,ordinances, codes and regulations. ii. Accidents:If a death, serious personal injury or substantial property damage occurs in connection with CITY's performance of this Agreement,CITY shall immediately notify UVBGSA by telephone.CITY 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 CITY's sub-contractor,if any; and(3)a detailed description of the accident and whether any of UVBGSA's equipment,tools, material,or staff were involved. iii. CITY 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 UVBGSA the opportunity to review and inspect such evidence, including the scene of the accident. f. TAXES: City shall pay all taxes to which it is subject in the course of performing under this Agreement. UVBGSA shall pay taxes imposed on property acquired for it by City at the direction or with the approval of the Board or as the parties otherwise agree with respect to a particular transaction or event. g. OWNERS&R-OF DOCUMENTS:CITY hereby assigns UVBGSA an irrevocable license to use any and all proposals, plans, specification, designs,drawings, sketches, renderings, models, reports and related documents(including computerized or electronic copies) prepared by City in performing services under this Agreement in which the City has any copyright or protected interest. UVBGSA's rights under this Paragraph (g)shall not extend to any computer software used to create such Documents and Materials. h. NOTICES:All notices, requests,demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows: i. Personal delivery:When personally delivered to the recipient,notices are effective on delivery. ii. 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 4929-8505-7036.1 014737.001 5 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. iii. 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. iv. Email:When sent by email, notice is effective on receipt, provided that(a)a duplicate copy of the notice is promptly given by first-class or certified mail or overnight delivery,or(b)the receiving party acknowledges receipt.Any notice given by email shall be deemed received on the date it is received. When the UVBGSA Board Chair or Counsel changes,the UVBGSA shall promptly notify the City in writing of the new contact information for notices purposes. Addresses for purpose of giving notice are as follows: To UVBGSA: Ukiah Valley Basin Groundwater Sustainability Agency Ukiah Civic Center 300 Seminary Ave. Ukiah,CA 95482 Q Attn: UVBGSA Board Chair Email address: UVBGSA Legal Counsel 1331 Garden Highway,Suite#2 Sacramento, CA 95833 Attention: Holly Roberson,Shareholder Email: hroberson@kmtg.com To CITY: Ukiah Civic Center 300 Seminary Ave. Ukiah,CA 95482 Attn:City Manager Email:ssangiacomo@cityofukiah.com Ukiah City Attorney Law Offices of Rapport and Marston 405 West Perkins St. Ukiah,CA 95482 Email:drapport@cityofukiah.com 4929.8505.7036,1 014737.001 i Any correctly addressed notice that is refused,unclaimed,or undeliverable because of an act or omission of the parry 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 postal or email address by giving the other party notice of the change in any manner permitted by this Agreement. i. USEOTUVRGSA PROPERTY: CITY 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. j. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS:CITY certifies that it will comply with all applicable Federal, State, and local laws, rules and regulations pertaining to nondiscrimination in employment and grant administration. City represents that it also has its own equity policies,with which it complies. k. AUDITS;ACCESS TO RECORDS:CITY 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 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 CITY. . CITY shall maintain full and adequate records of the actual costs incurred by the CITY in the performance of this Agreement. City shall retain records in compliance with its records retention policies.City shall immediately make such records available to the UVBGSA upon request. 1. DOCUMENTS AND-MATERIALS:CITY shall maintain and make available to UVBGSA for its inspection and use during the term of this Agreement,all Documents and Materials, related to performance of this Agreement.CITY'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 or City), and CITY shall in no event dispose of, destroy, alter or mutilate said Documents and Materials,for four(4)years following UVBGSA's last payment to CITY under this Agreement.Alternatively,the City may furnish all such Documents and Materials to UVBGSA,after which it shall have no further obligation to preserve such records. M. TIE Q-EE-55-EN.CE:Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however,that the foregoing 4929-8505-7036.1 014737.001 7 shall not be construed to limit or deprive a parry of the benefits of any grace or use period allowed in this Agreement. n. TERMINATION: Either party may terminate this Agreement for cause upon 60 days written notification to the other party. o. NON--A RQ.PR ABQN: If UVBGSA should fail to appropriate or otherwise fail to make available funds sufficient to compensate the City for the agreed upon scope of services in accordance with this Agreement the City may suspend this Agreement only upon thirty(30)days written notice to UVBGSA. If the UVBGSA does not cure the insufficient appropriation at its next Board meeting after receipt of the notice of suspension,the City may initiate termination proceedings consistent with the terms of this Agreement. Upon termination,UVBGSA shall remit payment for all products and services delivered to UVBGSA and all expenses incurred by CITY prior to UVBGSA's receipt of the notice of suspension. Notice shall be deemed effective upon receipt. P. ONQIOE OE-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. q. VENUE:All lawsuits relating to this contract must be filed in Mendocino County Superior Court, Mendocino County,California, subject to the provisions of California Code of Civil Procedure section 394. If either parry exercises its right under Section 394 to transfer the case to a neutral county,in lieu thereof,the parties agree to request the appointment of an out of county Judge to hear the case in Mendocino County. r. 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. s. ADVERTISING OR PUBLICITY:CITY 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. For the avoidance of doubt, this term does not preclude the City from providing information about the UVBGSA on the City's website, including the City's role as a member and in providing services under this Agreement. 4929-8505-7036.1014737.001 $ t. E NTI RE AGREEMENT:This Agreement, including all attachments,exhibits, and any other documents specifically incorporated into this Agreement,shall constitute the entire agreement between UVBGSA and CITY relating to the subject matter of this Agreement.As used herein,Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments.This Agreement supersedes and merges all previous understandings,and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof.This Agreement may not be modified except by a written document signed by both parties. In the event of a conflict between the body of this Agreement and any of the Exhibits,the provisions in the body of this Agreement shall control. u. HEADINGS: Herein are for convenience of reference only and shall in no way affect interpretation of this Agreement. v. 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. w. ASSURANCE OF PERFORMWCE: If at anytime UVBGSA has good objective cause to believe CITY may not be adequately performing its obligations under this Agreement or that CITY may fail to complete the Services as required by this Agreement,UVBGSA may request from CITY prompt written assurances of performance and a written plan acceptable to UVBGSA,to correct the observed deficiencies in CITY's performance. CITY 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.CITY 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. x. SUBGONTRACTINGIASSIGNMENT:CITY shall not subcontract,assign or delegate any portion of this Agreement or any duties or obligations hereunder without UVBGSA's prior written approval. i. 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 ii. CITY shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement,regardless of the terms of any agreement between CITY and its subcontractors. 4929-8505-7036.1 014737.001 y. 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. z. 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 12 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. aa. INTELLECTUAL PBO.PERTY WARRANTY:To the best of its knowledge,the City represents that it has secured all rights and licenses necessary for any and all materials,services,processes, software,or hardware("CITY PRODUCTS")to be provided or used by CITY in the performance of this AGREEMENT. bb. ELECTRONIC COPIES:The parties agree that an electronic 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. cc. COOPERATIO19 WITH UVBGSA: CITY shall cooperate with UVBGSA and UVBGSA staff in the performance of all work hereunder. dd. PERFORMANCE STANDARD:CITY shalt perform all services hereunder in a manner consistent with the level of competency,care and skill ordinarily exercised by a person practicing in CITY's position under similar circumstances at the same time ("Standard of Care"). UVBGSA has relied upon the professional ability and training of CITY personnel as assigned to perform the City's obligations under this Agreement as a material inducement to enter into this Agreement. CITY hereby agrees to provide all services under this Agreement in accordance with and Standards of Care,as well as the requirements of applicable Federal,State,and local taws, it being understood that acceptance of CITY's work by UVBGSA shall not operate as a waiver or release. If UVBGSA determines that any of CITY'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 CITY to meet with UVBGSA to review the quality of the work and resolve matters of concern;(b) require CITY to repeat the work at no additional charge until it is satisfactory; or(c)terminate this Agreement pursuant to the provisions of paragraph "q" (Termination)or(d)pursue any and all other remedies at law or in equity. ee. ALTERNALVEJDLSPUTIBE:50 LUs.IQN: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof("Dispute"),the Parties mutually agree to act in good faith and to the best of their ability to take part and cooperate in the 4929-8505-7036.1 014737.001 10 following three-step dispute resolution process, provided, however,that neither party waives any provision of the California Tort Claims Act: i. STEP ONE—NEGOTIATION: Upon written notice of any Dispute that arises out of or relates to CITY's obligations to provide administrative services as described herein,the Parties shall attempt to resolve it promptly by negotiations between the Parties who have authority to settle the Dispute. This process should be completed within 30 days of such written notice ("Negotiation"). ii. STEP TWO—MEDIATION: If the Dispute cannot be resolved through Negotiation,the Parties agree first to make a good faith attempt to resolve the Dispute by mediation lasting at least one day before resorting to arbitration, litigation or any other dispute resolution procedure("Mediation"). The process shall be confidential based on terms acceptable to the mediator. iii. STEP THREE—ARBITRATION:Any Dispute not resolved through Negotiation or Mediation in accordance with Steps 1 and 2 shall be resolved by final and binding arbitration pursuant to the provisions of California Code of Civil Procedure, Section 1280 et seq..The Parties understand that arbitration is final and binding and that they are waiving their rights to other resolution processes such as court action,which may provide a right to a jury trial and the opportunity to take witness testimony prior to such a proceeding, or administrative proceeding. ff. 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. 3. GENERAL MANAGER SERVICES:Commencing on the Effective Date of this Agreement, CITY shall serve a�the General Manager of the UVBGSA. In keeping with section 13.1 of the 1PA,the Board will appoint as General Manager.The holder of that position will remain the General Manager until the Board,with the agreement of the City's City Manager, makes a different appointment with written consent of the Board.The General Manager shall provide the following administrative services: a. Fiscal and Contract Management L Prior to the commencement of each Fiscal Year, present a preliminary budget to the Board for consideration and by no later than June 15,submit a final budget for approval by the Board.The Parties may agree in writing and by mutual consent to alter this schedule. 4929-8505-7036.1 014737.001 71 ii. Contract management, including vendor procurement and development and management of vendor and CITY contracts. iii. Invoice management, including monthly review and processing of vendor and CITY invoices. b. Perform the Duties of the General Manager to the UVBGSA i. Prepare meeting materials including Board packets, staff reports, PowerPoint slide decks,and coordination of consultant deliverables for Board,Ad Hoc, and Technical Advisory Committee("TAC")meetings. ii.Attend and facilitate four quarterly Board meeting and four quarterly TAC meetings per year. iii. Perform follow-up activities from Board meetings and TAC meetings to implement direction given by the Board or TAC. c. Perform-th.eDuties Qf Clerk to the Board i. Preparation of meeting notices and agendas in compliance with the Brown Act,for legal counsel review as needed. ii. Preparation of action minutes from the meetings and other documents requiring Board approval. iii. Performing follow-up administrative tasks, including posting information to the UVBGSA website and implementing direction given by Board and committee members. iv. Act as the custodian of UBSGA records created after the Effective Date and secure documents existing prior to the Effective Date that can be reasonably located,with copies to legal counsel. d. Promid-e-Staff$ervic-e&Jor Technical Advisory Committee(TAC) Meetings i. Prepare meeting materials, including preparation and posting of agendas and agenda materials in compliance with the Brown Act. ii. Attend meetings and provide clerical services during the meeting,including recordation of the meetings, record actions taken, manage remote participation, if available via Zoom or similar technology. iii. Follow-up administrative tasks, including preparation of action minutes. e. Oversee Groundwater-Sustainability Plan("GSP") Im lame tion 4929-8505-7036.1 014737.001 12 �,� i. Direct technical Consultants, including management of each of the UVBGSA's technical Consultants assigned to perform specific GSP implementation tasks.Work with technical consultants, including, but not limited to, Larry Walker and Associates, Hansford Environmental Consulting, Mendocino County Resource Conservation District,and the California Land Steward Institute. Prepare or oversee the 5-year update to the GSP. ii. Review well permit applications and coordinate with the County as needed. iii. Miscellaneous support for meetings as necessary. iv. Annual report and project management action("PMA")coordination, including oversight of the technical Consultant hired by UVBGSA who is responsible to prepare the annual report and develop an implementation plan for future PMAs. v. Coordination with the UVBGSA's legal counsel,including support to and coordination with UVBGSA legal counsel on all legal matters related to the UVBGSA, including,but not limited to,form 700 compliance, coordinating compliance with executive orders,state and federal taw and policy, resolution development, required trainings for Board members, contracting, and, in consultation with UVBGSA legal counsel, answering legal questions from the Board. f. Stakeholder QmUeacb-and_Communieation i. External communications, including reviewing and responding to public inquiries by email and phone. ii. Develop outreach materials, including preparing materials to facilitate stakeholder outreach and communications. iii. Conduct outreach meetings,as necessary,to communicate important UVBGSA activities. g. Website and Email Maintenance, including the direct costs and associated administrative effort to maintain the website hosting plan, UVBGSA email account, and phone service hosting. h. Administration-an"arlageme t_of Rate aril....F-e.eStu-dyJ-mpLernent_atiw i. Support and coordination for rate and fee implementation, including coordination with and support to UVBGSA CITY on the fee implementation, 4929-8505-7036.1 014737.001 13 non-appeal related corrections in billings,coordinating with the County as 0 necessary, and coordinating with water purveyors. ii. Appeals,including administrative work to support the fee appeal process, in coordination with the fee consultant and legal counsel as necessary. iii. Direct billing of annual fees. i. CranjAdminiatration, including all coordination and administrative duties associated with grant management, billing,and reporting. Coordinate with legal counsel on grant compliance as needed. If directed by the Board,research grant opportunities for the UVBGSA,apply for grants, and manage funded grants. 4. OTHER SERVICES:When mutually agreed by the Parties as directed by the Board via Resolution,and/or by an amendment to this Agreement,CITY will provide Other Services to UVBGSA including other professional services as agreed upon pursuant to such subsequent agreements. 0 0 4929-B505-7036.1 014737.001 14 5. PAYMENT FOR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT: a. Annual Compensation:The annual UVBGSA budget proposed by the City and approved by the Board shall include compensation to the City for the services provided under Section 2 of this Agreement. Within thirty(30)days after the end of each quarter of the Fiscal Year, UVBGSA will remit twenty-five(25%) percent of the annual budgeted Compensation to the City and any additional amount needed if the budgeted amount is amended by the Board b. Time Tracking:The City shall implement a"project code"for time spent on implementation of the tasks it performs pursuant to this Services Agreement on an hourly basis.The City and the Board shall review the quarterly payments once per year to determine if the costs are exceeding the budgeted amount, and to determine if a budget amendment is necessary. c. Payment for Other Services:Unless a different rate is stipulated at the time, if Other Services are requested by UVBGSA,the City will charge UVBGSA for staff services according to the City's Charge Out Rate Schedule which is updated annually,or at the same rate that it pays for such services to outside third parties.The City will bill for these services on a quarterly basis and payment for the services provided in any quarter is due no later than thirty(30)days after presentation of such quarterly invoice to the UVBGSA Board,and approval by the Board,at a regularly scheduled Board meeting.The City will also be eligible for any dedicated administration reimbursements from grants awarded to the UVBGSA that are allowable expenses in the administration of activity delivery for the corresponding grant,except to the extent the annual UVBGSA budget compensated the City for services covered by said administration reimbursements. 4929-8505-7036.1 014737.001 15 Agenda Item:4E,Attachment 1 Meeting date:January 9, 2025 RESOLUTION NO.:004-2025 Dated:January 9, 2025 RESOLUTION OF THE BOARD OF DIRECTORS OF THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY APPROVING A CONTRACT WITH THE CITY OF UKIAH FOR ADMINISTRATIVE SERVICES WHEREAS,the Ukiah Valley Basin Groundwater Sustainability Agency(UVBGSA)was established by a Joint Powers Agreement(JPA)on May 10, 2017; WHEREAS,the UVBGSA is responsible for the sustainable management of groundwater resources within the Ukiah Valley Basin; and WHEREAS,the UVBGSA requires administrative services to effectively carry out its responsibilities and ensure compliance with the Sustainable Groundwater Management Act(SGMA); and WHEREAS, the JPA establishes the UVBGSA Board of Director's authority to hire an Executive Director(also known as General Manager) and states that the Executive Director may be an employee of one of the member agencies; and WHEREAS,the City of Ukiah has the expertise and capacity to provide the necessary administrative services to support the UVBGSA's operations and will do so in a cost-effective manner resulting in cost efficiencies for the UVBGSA; and WHEREAS,the UVBGSA and the City of Ukiah have negotiated a contract for the provision of these administrative services; NOW,THEREFORE, BE IT RESOLVED by the Board of Directors of the Ukiah Valley Basin Groundwater Sustainability Agency as follows: 1. The contract between the UVBGSA and the City of Ukiah for administrative services, attached hereto as Exhibit A, is hereby approved. 2. The Chair of the Board of Directors is authorized and directed to execute the contract on behalf of the UVBGSA. 3. Blake Adams,Chief Resilience Officer with the City of Ukiah,will be appointed General Manager of the UVBGSA thirty (30)days after the execution of the contract. PASSED AND ADOPTED by the Board of Directors of Ukiah Valley Groundwater Sustainability Agency, this 9"day of January 2025, by the following vote: MEMBERS: Cline: Crane: Watts: McNerlin: Gaska: AYES: NOES: ABSENT: ABSTAIN: 1 Agenda Item: 4E,Attachment 1 Meeting date:January 9, 2025 SO ORDERED The within instrument is a correct copy of the original on file with this office. ATTEST: DATE:January 9,2025 Theresa McNerlin Secretary/Clerk of the Board of Directors of the Ukiah Valley Basin Groundwater Sustainability Agency, County of Mendocino,State of California 2 (4kj UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 340 Lake Mendocino Dr. • Ukiah 19 California 95482 • (707)463-4363 •fax(707)463-5474 GSA Administration Staff Report Item No. 4F Date 1/9/2025 From UVBGSA General Manager(Harry Starkey) To Board of Directors Subject Hansford Economic Consulting Fee Setting Services Contract Consent Agenda Regular Agenda Notice of Public Hearing❑ Recommended Action GSA Staff recommend the Board approve Hansford Economic Consulting Fee Setting Services Contract. Background Following a Request for Proposals,the Board approved a contract in June 2023 with Hansford Economic Consuling to conduct a rate and fee study for$165,000. In April 2024,the contract was amended to include additional scope and cost needed to fill in data gaps to develop a defensible GSA fee structure. The current contract is set to expire on December 31,2024. In June 2024,the Board approved the Hansford Economic Consulting"Ukiah Valley Basin Groundwater Sustainability Agency Regulatory Fee Study'to be used as a basis to adopt a groundwater sustainability fee as authorized by Water Code section 10730. Upon approval,Catherine Hansford has worked with GSA staff on final fee calculations, submittal of tax rolls to the Mendocino County Auditor- Controller,and direct bill issuance,all services that are needed on an annual basis. In order to effectively and efficiently calculate and implement the groundwater sustainability fees in FY25-26,GSA staff recommend that the Board contract with Hansford Economic Consulting for fee support services and fee implementation services as a sole source contract due to the firm's unique familiarity with the GSA and the fee calculations.The total cost for January through December 2025 is anticipated to be $24,000. Fiscal Impact The contract amount of$24,000 is partially included in the FY 2024-2025 budget and the remainder wild be included in the FY 2025-2026 budget. Attachments 1. Hansford Economic Consulting Letter Proposal 2. Draft Agreement with Hansford Economic Consulting 0 HANSFORD PO Box 10384 Phone: 530-412-3676 C ECONOMIC CONSULTING Truckee, CA 96162 Email: catherine@hansfordecon.com December 9, 2024 Mr. Harry Starkey Ukiah Valley Basin Groundwater Sustainability Agency Sent via Email Subject: Calendar Year 2025 Fee-Setting Services Dear Mr. Starkey: It has been a great privilege to help the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA) implement a new fee to fund its regulatory activities. In fall 2024, UVBGSA placed the new fee on the property tax roll and invoiced several entities by way of hand billing. HEC assisted with both the fee study and with calculation and placement of the FY25 fees. HEC's contract with UVBGSA expires December 31, 2024. HEC is pleased to provide this proposal to continue to assist UVBGSA with technical services in 2025. This letter provides an estimated level of effort and cost to provide support as needed, including helping to calculate and set the FY26 fees, as well as to prepare and submit the FY26 fees to the Mendocino County Auditor-Controller. Proposed Scope of Services HEC has identified two tasks under the proposed new contract for services. Task A: Fee Support Services through December 2025 Under this task, HEC will provide general support for any questions that arise, including appeals. HEC will calculate the FY26 fees based on the FY26 budget adopted by UVBGSA(March-April), provide a supporting memorandum, and recommendation of fee level to the Board of Directors (May-June).This task includes one trip to Ukiah for the Board of Directors meeting to set the FY26 fees,and assistance with staff reports and the resolution to set the fee, if needed. Task B: FY26 Fee Implementation Task B is specific to implementation of the FY26 fee. It includes creation of the FY26 fee database, preparation and submittal of the tax roll (which includes coordination with the Auditor-Controller), and preparation of the hand bill database, but it does not include creating the hand bill invoices or sending those invoices.Also included in this task is update of the website fee map for the FY26 fees by parcel. Proposed Budget HEC proposes a budget of$24,000.Table 1 on the next page shows the estimated number of hours by staff person and provides the estimate of cost by subtask. Note,the estimated budget does not include costs for services provided by a mail house, and other print and mail materials, if any such services are needed.The budget does not include any time for outreach. HEC charges for services on a cost not-to-exceed basis;therefore, you will only be billed for the work completed up to the authorized budget amount. Invoices are issued monthly and are due on receipt. Invoices include staff time and direct expenses (vehicle mileage reimbursement at the current Federal GSA Mileage Reimbursement Rate for Privately Owned Vehicles and an allowance for data purchase, mailing costs, map hosting fees,travel, and other miscellaneous costs,should any such charges be incurred). HEC reserves the right to move budget between tasks as necessary.The proposed budget is based on the best estimate of level of effort and time to complete tasks; however, fee support services may be greater than estimated; if support needs are greater, HEC will seek additional budget authorization. Table 1 Proposed Budget Task Hansford Ramirez Support TOTAL Hourly Billing Rate $210 $165 $100 Task A: Fee Support Services through Dec.2025 General Support(appeals,etc.) 14 10 6 $5,190 Calculation of FY26 Fees&Memo 10 2 $2,300 FY26 Fees Adoption(includes 1 Trip to Ukiah) 10 8 $2,900 Total Task A 34 10 16 $10,390 Task B: FY26 Fee Implementation FY 2026 Database Creation 5 30 $6,000 Prepare and Submit Tax Roll 20 $4,200 Prepare Hand Bill Database 2 $420 FY 2026 Website Fee Map 10 2 $1,850 Total Task B 27 40 2 $12,470 Subtotal Staff Hours and Cost 61 50 18 $22,860 Direct Costs [1] $1,140 Estimated Total $24,000 [11 Includes allowance for data pulls(such as Parcel Quest), potential mailing costs, map hosting fees,mileage reimbursement,and other miscellaneous direct costs. I look forward to a continued positive relationship with staff and serving the Board of Directors of the UVBGSA. Sincerely, Catherine R. Hansford, Principal HANSFORD ECONOMIC CONSULTING LLC 0 UVBGSA AGREEMENT NO. 2#-## UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY PROFESSIONAL SERVICES AGREEMENT WITH HANSFORD ECONOMIC CONSULTING LLC, NOT TO EXCEED $24,000 TOTAL FOR 2025 FEE SUPPORT SERVICES AND FISCAL YEAR 2026 IMPLEMENTATION This Agreement is by and between the UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY, hereinafter referred to as "UVBGSA", and Hansford Economic Consulting LLC, 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 has the power to make and enter into contracts necessary to the full exercise of the Agency's power; and, WHEREAS, in order to meet the various requirements of a groundwater sustainability agency under the Sustainable Groundwater Management Act (Part 2.74 of the California Water Code), UVBGSA is in need of fee support services through December 2025 and Fiscal Year 2026 fee implementation of the Ukiah Valley Basin Groundwater Sustainability Plan; and, WHEREAS, due to CONSULTANT's qualifications, applicable license(s) and experience performing such services, as well as in-depth knowledge of UVBGSA rates and fees supports their ability to provide fee support services and implementation, UVBGSA desires to obtain CONSULTANT to provide fee support services through December 2025 and FY26 fee implementation ; and, WHEREAS, CONSULTANT is willing to provide such services to UVBGSA on the terms and conditions set forth in this AGREEMENT. NOW, THEREFORE it is agreed that UVBGSA does hereby retain CONSULTANT to provide the services described in Exhibits "A" and "B", 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 Task A: Fee Support Services through December 2025 Exhibit B Task B: FY26 Fee Implementation Exhibit C Payment Terms Exhibit D Insurance Requirements Exhibit E ePayables Information The term of this Agreement shall be from the date this Agreement becomes fully executed by all parties (the "Effective Date"), and shall continue through December 31, 2025. 4889.0792-2387.1 014737,002 1 Revised 1/6/2025 DOT UVBGSA AGREEMENT NO. 2#-## 0 The compensation payable to CONSULTANT hereunder shall not exceed Twenty-Four Thousand Dollars ($24,000) for the term of this Agreement. 0 O 4889-0792-2 387.1 014737,00? 2 Revised 1/6/2025 DOT IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. UVBGSA CONSULTANT/COMPANY NAME By: By: HARRY STARKEY, General Manager UKIAH VALLEY BASIN GSA Date.- Date: NAME AND ADDRESS OF CONSULTANT: Hansford Economic Consulting LLC UVBGSA FISCAL REVIEW: PO Box 10384 By. Truckee. CA 96162 HARRY STARKEY, General Manager UKIAH VALLEY BASIN GSA By signing above, signatory warrants and represents that he/she executed this Agreement in their authorized capacity and that by their Date: signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement UVBGSA INSURANCE REVIEW: By: HARRY STARKEY, General Manager UKIAH VALLEY BASIN GSA Date: UVBGSA LEGAL COUNSEL REVIEW: APPROVED AS TO FORM: By: HOLLY ROBERSON. General Counsel UKIAH VALLEY BASIN GSA Date: 4889-0792-2387.1 014737.002 3 0 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 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 their 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 their 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 UVBGSA. Notwithstanding the foregoing, if 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. 0 4889.0792-2387,1 014737.002 4 2. INDEMNIFICATION: To the furthest extent permitted by law (including without limitation California Civil Code sections 2782 and 2782.8, if applicable), CONSULTANT shall defend, indemnify, and hold harmless 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 or bad faith failure to comply with its or their obligations hereunder. "CONSULTANT'S performance" includes CONSULTANT'S action or inaction and the action or inaction of CONSULTANT'S officers, employees, agents and subcontractors. In no event will either party be liable to the other or to any third party for any loss of use, revenue, or profit or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages. 3. INSURANCE AND BOND: CONSULTANT shall at all times during the term of the Agreement with UVBGSA maintain in force those insurance policies and bonds as designated in the attached Exhibit D 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 they are 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, 4889-0792-2387.1 014737.002 5 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. 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 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 for actual time, labor, and service in the amount not to exceed $24,000, as provided in Exhibit "C" hereto as funding permits. If UVBGSA over pays CONSULTANT for any reason, CONSULTANT agrees to return the amount of such overpayment to UVBGSA within 30 calendar days, 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 C. In no event shall UVBGSA be obligated to pay 4889-0792-2387.1 014737.002 6 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 C. 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 UVBGSA and its assignees all copyright and other use rights in any and all final 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 to any iteration or draft of, and the most current version or final version of the Documents and Materials and whether or not CONSULTANT's services as set forth in Exhibits "A" and "B" 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. 4889-0792-2387.1 014737.002 7 Overnight Delivery: When delivered by overnight delivery (Federal 0 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. Email transmission: When sent by email to the email address of the designated recipient of the party giving notice, notice is effective at the time the email is sent. Any notice given by email 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 c/o West Yost 2235 Mercury Way Suite 105 Santa Rosa, CA 95407 Email: hstarkey@westyost.com Attn: Harry Starkey With Copy to: Kronick, Moskovitz, Tiedemann, & Girard 1332 Garden Highway, 2"d Floor Sacramento, CA 95833 Email: hroberson@kmtg.com Attn: Holly Roberson, General Counsel To CONSULTANT: Hansford Economic Consulting LLC PO Box 10384 Truckee, CA 96162 Email: catherine@hansfordecon.com ATTN: Catherine Hansford 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 their 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. 0 4889-0792-2387.1 014737.002 9 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. 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. 4884-0742-2 387 1 01473 7.002 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 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, or kept in a digital format easily exportable and accessible for review by UVBGSA, the CONSULTANT shall, upon request of UVBGSA, make such hard copy or digital format books and records available to UVBGSA for inspection . If books and records are kept in hard copy format, CONSULTANT shall pay to UVBGSA the reasonable, and necessary costs incurred by UVBGSA in inspecting CONSULTANT' books and records, including, but not limited to, travel, lodging, and subsistence costs. UVBGSA shall bear the sole cost and expense for review time of CONSULTANTS books and records that are kept in a digital format. 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 three (3) 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 three (3) years after UVBGSA makes the final or last payment or within three (3) 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 three (3) 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 three (3) years following UVBGSA's last payment to CONSULTANT under this Agreement. 4889-0792-2387.1 014737.002 10 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 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 C hereto, provided that the maximum amount payable to CONSULTANT for its fee support services through December 2025 and FY26 implementation services shall not exceed $24,000 payment for actual time, labor, and services provided hereunder prior to the effective date of said suspension, termination or abandonment or lack of funding. CONSULTANT may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to UVBGSA only in the event of substantial failure by UVBGSA to perform in accordance with the terms of this Agreement through no fault of CONSULTANT. Effective upon the termination of this Agreement, the Consultant shall perform no further service(s) under the Agreement. 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) calendar 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. 4889-0792-2387.1 014737.002 1 1 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, including but not limited to, addenda, if any, 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 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 noway affect interpretation of this Agreement. 27. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended or modified only by the mutual written 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. 4889-0792-2397.1 014737,002 12 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 UVBGSA General Manager or their 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. 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 FINAL PRODUCTS to the extent reasonably necessary to use the CONSULTANT FINAL 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 FINAL 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 FINAL 4889-0'92-2387.E 014737.002 1 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 FINAL PRODUCTS; or (2) replace or modify the CONSULTANT FINAL 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 email, or scanned copy of the executed Agreement, shall be deemed, and shall have the same legal force and effect as, an original document. Use of electronic signatures with DocuSign, signature equivalent included with PDF editor/reader software or scanned wet signature copy is acceptable. 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 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. 4889-0792-2387.1 014737.002 14 37. CONFIDENTIALITY UVBGSA and the CONSULTANT agree that to the extent permitted by law, until final approval by UVBGSA, all Project data and information resulting from the CONSULTANT's performance under this Agreement shall be treated as confidential and will not be released to third parties without prior written consent of both parties. [END OF GENERAL TERMS AND CONDITIONS] 4889-0792-2397.1 014737.002 15 EXHIBIT A TASK A: FEE SUPPORT SERVICES THROUGH DECEMBER 2025 CONSULTANT shall provide the following services: • General support for any rate and fee questions that arise, including appeals. • Calculate the Fiscal Year 2026 (FY26) fees based on the FY26 budget adopted by the UVBGSA (March-April). • Provide a supporting memorandum and recommendation of fee level to the Board of Directors (May-June). • Assistance with staff reports and the resolution to set the FY26 fee, if needed. • Task A includes one (1) trip to Ukiah for the Board of Directors meeting to set the FY26 fees. [END OF TASK A: FEE SUPPORT SERVICES THROUGH DECEMBER 2025] a 4889.0792-2387 1014737,002 16 EXHIBIT B TASK B: FY26 IMPLEMENTATION SCOPE OF SERVICES CONSULTANT shall provide the following services: • Task B is specific to implementation of the FY26 fees. • Creation of the FY26 fee database. • Preparation and submittal of the tax roll (which includes coordination with the Auditor-Controller). • Preparation of the hand bill database. • Update website fee map for the FY26 fees by parcel. • Task B does not include creating the hand bill invoices or sending out hand bill invoices. [END OF TASK B: FY26 IMPLEMENTATION SCOPE OF SERVICES] 4889-0792-2387.1 014737.002 17 EXHIBIT C 0 PAYMENT TERMS 1. CONSULTANT shall be compensated on a time-and-expense basis, for actual time, labor, and service, in the amount not to exceed Twenty-Four Thousand Dollars ($24,000) for both Tasks A and B, in accordance with the Proposed Budget for Tasks A and B included as Attachment 1 to Exhibit C. Attachment 2 to Exhibit C shows the CONSULTANT Fee Schedules for entire CONSULTANT team. This fee shall not be exceeded without the prior written authorization from UVBGSA General Manger and approval by the Board. 2. CONSULTANT will hold the Billing Rate Schedule through December 2025. 3. CONSULTANT shall submit invoices no less than quarterly, detailing the specific services provided and clearly explaining any incidental charges. 4. UVBGSA shall pay CONSULTANT for all work requested upon the satisfactory completion of said work. 5. Payments for work completed by CONSULTANT will be made by UVBGSA within 30 days of receipt of CONSULTANT's invoice. [END OF PAYMENT TERMS] 0 4889-0792-2387.1 014737,002 18 � \ S S@ G E (N q n S R « m @ i m o rq "r _ # 00 a & & a 3 ¥ � a r4 r - � U o 2 � � 2 § m q LU Lf)to o 0 2 0 0 u § z - m f - W m � = e T \ 2 ® $ r \ q q $ © @ ~ rq § ° cu g « L # a k $ @ § 5 2 � _ 0 t3l 0 \ \ C I 2 / k 00 R a - § LA « 3 \ 2 u§ C CL Re,p R2§ c \ k2 §Lj- # CL ELO F k \ ± k k / W o 2 Z E J a 2 \ 2 / ■ % 0 r tn $ / sm g 0 i f a « e ` _ L _ # ± > q 2 m G 2 $ / § 7 2 m@ a0 2 m 2 m 6 dF « m a- / i n 2 f / E 9 a A _ ATTACHMENT 2 TO EXHIBIT C Billing Rates for UVBGSA Jan 1, 2025 through December 31, 2025 HEC Principal $210 / hour Associate $155 / hour Support $100 / hour KSN Associate Principal Engineer $300 / hour GIS Manager $185 / hour GIS Technician II $165 / hour Project Coordinator III $135 / hour Direct costs are billed at cost and mileage reimbursement is at the Federal rate. 4889-0792-2387.1 014737.002 20 r 4889-0792-2387.1 014737,002 21 0 EXHIBIT D 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 1 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. 0 [END OF INSURANCE REQUIREMENTS] 0 4889-0792-2387.1 014737,002 22 EXHIBIT E 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- eneral-_vanity.ysg�01 vn000r epayablesvendors- -na 4889-0792-23R?.1 014737.002 23 UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 340 Lake Mendocino Dr. • Ukiah • California 95482 • (707)463-4363 •fax(707)463-5474 GSA Administration Staff Report Item No. 4G Date 1/9/2024 From UVBGSA General Manager(Harry Starkey) To Board of Directors Subject Monitoring and Water Year 2024 Annual Report Consent Agenda ❑ Regular Agenda ® Notice of Public Hearing ❑ Recommended Action GSA staff and LWA will update the Board on the results from monitoring in Fall 2024 and next steps for the Water Year 2024 Annual Report. Background Fall 2024 Monitoring LWA will present initial results of the Fall 2024 monitoring. Annual Report LWA will present the data needs for the annual report,and what the annual report preparation and review schedule is anticipated to be. Fiscal Impact The FY2024-25 budget includes$30,250 for Monitoring/Data Collection.The FY2024-25 budget includes $20,800 for the annual report preparation.All monitoring and reporting activities are fully funded in FY 2024-25. Attachments None. 0 UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY 340 Lake Mendocino Dr. • Ukiah • California 95482 • (707)463-4363 •fax(707)463-5474 October 10, 2024 —Board Meeting Minutes Summary 1. Call to Order and Roll Call Chair McGourty called the meeting to order at 10:02 a.m.and asked for a roll call. In-person attendance: Chair Glenn McGourty—County of Mendocino Vice-Chair Douglas Crane—City of Ukiah Director Adam Gaska—Agricultural Representative Director Chris Watt—Russian River Flood Control Director McNerlin—Upper Russian River Water Agency Sabrina Marson- Ukiah Valley Basin GSA Staff Sean White--Technical Advisory Committee member,City of Ukiah Madeline Cline—Member of Public One member of the public Remote attendance: Harry Starkey—Ukiah Valley Basin GSA General Manager Indigo Bannister Ukiah Valley Basin GSA Staff Sarah Faraola—Ukiah Valley Basin GSA Staff Audra Bardsley—Larry Walker Associates Amber Fisette—County of Mendocino Laura Garza- UCCE Laura Foglia -LWA Blake Adams—City of Ukiah Dominic Gutierrez—DWR Jaimey Neary-Russian Riverkeeper Laurel Marcus-CLSI Monica Nieto--EPA Meyo Marrufo—Member of the Public Absent: Director Nevarez—Tribal Stakeholder 2. Approval of Agenda Chair McGourty asked if there were any requested changes to the agenda.There was none so Director Gaska motioned to accept the agenda as presented, Director Crane seconded.Motion passed 5-0-1.Director Nevarez was absent. 1 Ukiah Valley Basin Groundwater Sustainability Agency Special Board Meeting—October 10,2024 Meeting Summary Roll Call Vote Director Gaska—yes,Director Watt—aye,Director Crane—aye,Director McGourty—aye, Director McNerlin—aye,Director Nevarez—absent 3. Public Comment on Items not on the Agenda None. 4. Discussion and Possible Action Items a. City of Ukiah Scope of Work and Budget for UVBGSA Administrative Services Sean White describes the City of Ukiah (COU) budget comparison to administer the Ukiah Valley Basin GSA he developed with Amber Fisette of Mendocino. Mr.White states it is the same work and same number of hours as the West Yost work breakdown,with City rates and personal. Director Watts asks about the scope of work developing the GSP compared against the implementation phase. Do you see the type of work moving forward requires special skills or certification that city staff do not have. Director Watts agrees that having a member agency makes sense, however, as the member agency that uses the largest amount of groundwater in the basin,there needs to be checks and balances.there needs to be a strong relationship between the board chair and the Administrator, so the board has oversight of the administrator Mr.White states we are now exiting development mode, which included controversial and time intensive topics,such as the rate and fee study, and are now entering into the implementation phase. COU does not have all technical expertise and will rely on other firms—such as LWA—for technical expertise. Mr. White agrees—having a third party developing the plans and implementing projects, as well as having the COU resilience officer, who works in a separate department, to support planning. Director McGourty asks where the GSA will reside in the COU organizational structure? How would the financial structure work? Mr.White states the GSA would reside in a planning department,such as the resilience office,with the support of a strong administration and clerk to support meeting organization and finances. Chair McGourty requests a revised motion to accept the data Mr. White has provided for a cost estimate 'report' and establishes an Ad Hoc to work with the City of Ukiah to develop the most appropriate scope of work and contract for the transition the Administration Services of the Ukiah Valley Basin Groundwater Sustainability Agency. Director Watts sets the motion, Director McNerlin seconds. Motion passed 5-0-1. Director Nevarez was absent. Roll Call Vote Director Gaska—aye,Director Watt—aye,Director Crane—aye,Director McGourty—aye, Director McNerlin—aye,Director Nevarez—absent 0 2 Ukiah Valley Basin Groundwater Sustainability Agency Special Board Meeting—October 10,2024 Meeting Summary b. Approve Outstanding Invoice for County Administrative Services for FY 21/22 and FY 22 23 Amber Fisette of Mendocino County to presented on the Outstanding Invoice for County Administrative Services. Ms. Fisette described that the first bill is larger than the other years because West Yost had not yet been hired for Administrative Services. Only billing for financial services. If COU takes over finances and administration, fee will decrease even more.Once MC is removed,fee would be reduced even more. It makes the most sense to transition finances to COU.There would likely be a transition period_ Director Watts asks for clarification on the County Administration line item in the GSA budget, Ms. Fisette states this was what was budgeted, but since those FY are closed,this invoice would be paid from reserves. Chair McGourty asks for a motion to authorize a budget adjustment to reimburse the County of Mendocino for administrative services for fiscal years 21/22 and 22/23. Director Watts moves to make the recommended action, Director Gaska seconds. Motion passed 5-0-1. Director Nevarez was absent. Roll Call Vote Director Gaska—aye,Director Watt—aye,Director Crane—aye,Director McGourty—aye, Director McNerlin—aye,Director Nevarez—absent C. West Yost Proposal for a Not to Exceed Time and Materials Contract General Manager Starkey references the August 19, 2024, Board Meeting,where there was board discussion of the role West Yost would perform in the transition to COU. General Manager Starkey suggested a Not to Exceed Time and Materials Contract to execute this transition work. Chair McGourty asks for a motion to approve a Not to Exceed Time and Materials Contract with West Yost for all additional work performed to transition administrative services to the City of Ukiah. Director Crane moves to make the recommended action Director Gaska seconds. Motion passed 5-0-1. Director Nevarez was absent. Roll Call Vote Director Gaska—aye,Director Watt—aye, Director Crane—aye,Director McGourty—aye, Director McNerlin—aye,Director Nevarez—absent d. LWA Contract Amendment for Well Inventory Study General Manager Starkey explains the work to complete the Well Inventory Study has already been approved,this is to approve LWA's Contract Amendment.Chair McGourty asks for a motion approve Larry Walker Associates Contract Amendment to increase the total budget for the expanded scope of work required to execute the Well Inventory Study. Director Crane motions,Director Gaska Seconds. Motion passed 5-0-1. Director Nevarez was absent. 3 Ukiah Valley Basin Groundwater Susta'nability Agency Special Board Meeting—October 10,2024 Meeting Summary Roll Call Vote Director Gaska—aye,Director Watt—aye,Director Crane—aye,Director McGourty--aye, Director McNerlin—aye,Director Nevarez--absent e. CDFW Grant Funded Groundwater Dependent Ecosystem and Interconnected Surface Water Study General Manager Starkey presents on the recent CDFW grant award,Audra Bardsley of LWA gives background on the need for the project within the Ukiah Valley Basin and how this project was identified in GSP. Director Watts asks about the legal opinion and question for the procurement for the CDFW. Asks if LWA's involvement in writing the grant would exclude them from completing this work? General Manager Starkey explains the need to explore the procurement policy of the GSA and in legal counsel's opinion—this is beyond the legal intent,and we should complete an RFP for this work.However,legal counsel did not find LWA's writing the grant to inhibit them from applying from the work.LWA has specialized local and GSA-specific knowledge. Laurel Marcus of California Land Stewardship Institute comments that there has been significant work put into the Ukiah Valley Basin Watershed Plan and suggests the UVBGSA Staff review this plan before developing the RFP for the CDFW funded ISW-GDE study,to ensure there is no work duplicated. Chair McGourty asks for a motion for West Yost to develop an RFP.General Manager Starkey adds a comment to clarify the expectation that the fee to develop the RFP,which is outside the current scope of the West Yost budget,will be able to be covered through the grant funds. Director Watts asks if there are any areas within the West Yost budget to be able to do this work and asks if there is an opportunity to re-allocate grant funding. Indigo Bannister,GSA Staff,comments that if the board does not anticipate any other upcoming grant applications,this line item could be re-allocated to developing the CDFW-funded ISW-GDE Study RFP,which could be reimbursed through grant funds. Discussion ensues regarding budget reallocation and time sensitivity to developing the RFP. Director Gaska makes a motion to reallocate funds from the Grant Writing line item for West Yost to develop the RFP for the CDFW grant,Director Watts seconds. Motion passed 5-0-1. Director Nevarez was absent. RoN Call Vote Director Gaska—aye,Director Watt—aye,Director Crane—aye, Director McGourty—aye, Director McNerlin—aye,Director Nevarez—absent f. Groundwater Sustainability Fee Outreach Plan General Manager Starkey explains the concept of a minimum fee amount and suggests e-•tablishing a minimum threshold. Indigo Bannister clarifies why the GSA issues hand bills.The GSA is receiving a higher number of hand bills than anticipated because the County has an 4 Ukiah Valley Basin Groundwater Sustainab,My Agency Special Board Meeting—October 10,2024 Meeting{Summary assessed'low value property'stipulation where bills are not issues.General Manager Starkey states staff will work with counsel to explore the possibility of establishing a threshold for the fee. Indigo Bannister shares the new Fee Finder Map on the Ukiah Valley Basin website and explains the newly developed Groundwater Sustainability Fee Outreach Plan to address public inquiry calls around the new fee.Chair McGourty,Director Gaska and Director Crane volunteered to take calls. Director Watts moves to approve the Groundwater Sustainability Fee Outreach Plan, Director Gaska seconds. Motion passed 5-0-1. Director Nevarez was absent. Roll Call Vote Director Gaska—aye,Director Watt—aye,Director Crane—aye,Director McGourty—aye, Director McNerlin—aye,Director Nevarez—absent S. Consent items a. Approval of Minutes from August 19,2024,Special Board Meeting b. Approval of Financial Report of FY 2024/2025 through August 31,2024 c. DWR Facilitation Support Services(FSS)Application and FSS Ad Hoc Committee Formation Director Gaska and Director Watt appointed by Chair McGourty for Ad Hoc Committee Director Crane motioned to approve the minutes without changes from the August 19, 2024, Board meeting,seconded by Director Gaska. Motion passed 5-0-1.Director Nevarez was absent. Roll Coll Vote Director Gaska—aye,Director Watt—aye,Director Crane—aye,Director McGourty—aye, Director McNerlin—aye,Director Nevarez—absent a. Updates from Partners General Manager Starkey shares the Drought Executive Order has been lifted,which means the GSA is no longer required to review new well applications. Sarah Faraola gave an update on wells within the GSA's monitoring network that have been instrumented with telemetry. Dominic Blum-Gutierrez of the Department of Water Resources gave an overview of department activities,including:updates on the Stream Gage Improvement Program,Interconnected Surface Water Papers 2 and 3 have been published,there is a new online portal to provide updates on Projects and Management Actions,and he shared a SGMA 10 year anniversary event that will be held in November.Mr.Blum-Gutierrez stated DWR has received the Facilitation Support Services application,which is under review now. 5 Ukiah Valley Basin Groundwater Sustainability Agency Special Board Meeting—October 10,2024 Meeting Summary Laurel Marcus of CLSI gave an update on the completion of the Bureau of Reclamation Department of Conservation Watershed Coordinator grant that produced the Ukiah Valley Basin Watershed Plan.The Watershed Plan identified where recharge sites would work best in the valley,revegetation of streams,fire fuel load reductions,specific analysis of what happens when Potter Valley Water water stops flowing and associated impacts on storage,water rights, contract,so individual growers can build ponds. Chair McGourty asks for a copy of the report and recommends presenting at the Mendocino County of Water and Power. 6. Future Agenda Items Chair McGourty states a need to replace him as the Chair of the Ukiah Valley Basin GSA Board. Director Mcnerlin states URWA is working on a transition plan to consolidate with the City of Ukiah to create an Ukiah Water Authority.General Manager Starkey states the first agenda item will be to appoint new chair and vice chair of the Board.Chair McGourty discusses the need to update consumptive use of agricultural use.Laura Garza(UCCE)is working on a proposal for how the agricultural use study will be updated. 7. Adjournment Chair McGourty closed the meeting at 12:03 p.m.The next Board meeting is scheduled on October 10, 2024. A recording of the meeting is available at htt as://www.youtube.com/watch?v=PgBwK5xOEMM&list=PLraKTU7AVZLSYAAIOI IW 3vc7gVCKQGJM o&index-8 . 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 Executive Office by calling(707)463-4441 at least five days prior to the meeting. Please reference the Mendocino County website to obtain additional information for the Ukiah Valley Basin Groundwater Sustainability Agency:htt ,-//W ww.mendocinocounty.or jZ&vb sp, E UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY u340 lake Mendocino Dr. • Ukiah • California 95482 • (707)463-4363 9 fax (707)463-5474 GSA Administration Staff Report Item No. 5b Date 1/9/2025 From UVBGSA General Manager(Harry Starkey) To Board of Directors Subject Financial Report for Through November 30, 2024 Consent Agenda ® Regular Agenda Cl Notice of Public Hearing ❑ Recommended Action Staff recommends that the Board approve Financial Report the Fiscal Year through November 30, 2024. Background This financial report covers Fiscal Year 2024-2025 through November 30, 2024.The Agency's budget for FY 2024/2025,approved on June 18, 2024, includes the projected GSA Fee Revenue of$600,000.00 and owexpenditures of$494,325.00. Incomeh On property tax bills, $467,344.88 for groundwater sustainability fees was invoiced.An additional $155,286.66 was invoiced to public water systems through direct billing,and$9,321.54 was issued to tax-exempt parcels through direct billing. Direct billing payments were due on December 10, 2024 and 55%of property tax payments will be issued in December. Expenses Expenses for services and supplies during this fiscal year through November 30,2024 were$112,277.50. This includes expenses for technical,compliance reporting, monitoring and data collection, rate and fee study implementation,groundwater sustainability administration, insurance,outreach,and legal counsel. Fiscal Summary As of November 30, 2024,the Agency income is$631,953.08 for the fiscal year beginning July 1, 2024, and expenses were$112,277.50. West Yost Budget Status ( ` UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY uA d 340 Lake Mendocino Dr. • Ukiah •California 95482• (707)463-4363 •fax(707)463-5474 The Budget Status and Contract Billing Status for West Yost Administrative Services for fiscal year(FY) 24/25 through November 30, 2024 is included in Table 1 and Table 2. Attachments 1. Financial Report for FY 2024/2025 as of November 30,2024 —Balance Sheet 2. Financial Report for FY 2024/2025 as of November 30,2024—Profit and Loss Statement 3. Table 1. Budget Status for West Yost Administrative Services as of November 30,2024 4. Table 2.Contract Billing Status for West Yost Administrative Services as of November 30,2024 12:00 PM Ukiah Valley Basin Groundwater Sustainability Agency 12/02/24 Balance Sheet Accrual Basis As of November 30, 2024 Nov 30,24 ASSETS Current Assets Checking/Savings Bank Account-County 84 171.61 Total CheckinglSavings 8417161 Accounts Receivable Accounts Receivable 553 953 75 Total Accounts Receivable 553.953.75 Other Current Assets Undeposited Funds 1,111.82 Total Other Current Assets 1.111.82 Total Current Assets 639.237.18 TOTAL ASSETS 639,237.18 LIABILITIES&EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 29.986.94 Total Accounts Payable 29,986.94 Total Current Liabilities 29,986 94 Total Liabilities 29.986 94 Equity Opening Balance Equity 5,315.31 Unrestricted Net Assets 84,259.40 Net Income 519.675.53 Total Equity 609,250.24 TOTAL LIABILITIES&EQUITY 639,237.18 Page 7 12:03 PM Ukiah Valley Basin Groundwater Sustainability Agency 12102/24 Profit & Loss Budget vs. Actual Accrual Basis July through November 2024 Jul-Nov 24 Budget Ordinary Income/Expense Income Bad Debt 0.00 -15,990.00 Fiscal Year-End Reserve 0.00 89,574.71 GSA Fee Revenue Direct Billing-PWS 155.286 61 Direct Billing-TE 9.321"54 Property Tax Roll 467,344.88 GSA Fee Revenue-Other 0,00 600,000.00 Total GSA Fee Revenue 631,953"03 600,000"00 Total Income 631,953"03 673.584"71 Gross Profit 631,953"03 673,584"71 Expense GSA Admin Board&TAC Meetings 11,726.15 43,700"00 County Administration 19530.86 5.20000 County Fee Costs 0.00 12,000.00 Fee Program Admin 3616,00 15,600"00 Insurance 2492,00 2-600.00 Legal 3.195.00 43"250 00 Total GSA Admin 40 560.01 122.350 00 GSA Admin-PMA Contracts/Fiscal Management 8 126 75 21 04200 Grant Writing/Management 0.00 24 000 00 GSP Implementation Oversight 5.046.75 20 203 00 Outreach,Engagement,Annual WS 1,176.25 9.720,00 Rate and Fee Support 0.00 5.200.00 WebsitelEmail 598.23 3.200.00 Total GSA Admin-PMA 14,947.98 83,365 00 GSA Support GSP Implementation Annual Reporting 3,886.51 20,800.00 As-needed Technical Support 0.00 20.000.00 Monitoring and Data Collection 4,945.91 30.250.00 Technical Support 31,429.84 54,200.00 Total GSA Support GSP Implementation 40,262.26 125.250 00 Project&Management Actions GSP Periodic Evaluation 0.00 31,200.00 Periodic Model Updates 0"00 51,600.00 Rate and Fee Study 16,507,25 40.000.00 Well Inventory Study 0,00 40,560.00 Total Project&Management Actions 16,507.25 163,360.00 Total Expense 112,277.50 494,325.00 Net Ordinary Income 519,675.53 179.259.71 Net Income 519,675.53 179,259.71 Page 1 m� V m a s R m Q r4 M O M O n n N O M te5 n a) to Rl N n m .fit n ri N to Vi 00 t0 .--1 n tn V< N V! 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