HomeMy WebLinkAboutFinal Small UVBGSA Coalition Cost Share Agreement with Signatures_1-27-26 (1)COST SHARING AGREEMENT
This Cost Sharing Agreement ("Agreement") is made and entered into by and between the
undersigned Groundwater Sustainability Agencies ("GSAs"), individually referred to as a "Party" and
collectively referred to as the "Parties," subject to the following understanding:
RECITALS
t. The Sustainable Groundwater Management Act ("SGMA"), codified at California Water Code section
I0720 et seq., became effective on fanuary 1,2015.
2. SGMA requires GSAs for medium and high priority groundwater basins (as designated by the
California Department of Water Resources ("DWR") to achieve groundwater sustainability through
the adoption and implementation of Groundwater Sustainability Plans ("GSPs") or approved
alternative plans,
3. Many GSAs managing basins or sub-basins with an average annual groundwater extraction of less
than 10,000 acre-feet per year ("Small GSAs") face disproportionate administrative and
compliance costs relative to their size and groundwater usage,
4. The Parties, through their respective staff members and representatives ("Party
Representatives"), desire to cooperatively fund and manage shared interests and efforts that
benefit Small GSAs under SGMA, while retaining their independent local authority. Therefore, in
consideration of the mutual promises, covenants and conditions herein set forth, the Parties agree
as follows:
AGREEMENT
1. PURPOSE.
The purpose of this Agreement is to establish the cost-sharing and administrative framework for the Party
Representatives to coordinate advocacy efforts regarding SGMA implementation challenges unique to
Small GSAs.
2. COST SHARING.
a) Equal Shares. Each Party shall contribute an equal share to the total cost of retaining (i) an
Advocacy Administrator; and (b) an Advocate. Each Party shall contribute an equal portion of the
total cost, with payments made in accordance with subsection 2(b) of this Agreement, below.
b) Annual Budget and Payment Thereof. The Parties' cost-sharing obligations shall be based on and
limited by an annual budget for the Fiscal Year beginning on July 1 and ending on June 30, as follows:
On or before March 1 of each yeal the Administrator shall prepare and distribute a draft
budget for review by the Party Representatives
i)
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On or before April 1 of each year, the Administrator shall prepare and distribute a
revised budget for final review and approval by at least three-fourths ofthe Parties on
or before May 1.
iii)0n or before |uly 1 of each year, the Administrator shall invoice each Party their
respective share of the approved final budget. Payment shall be due within 60 days of
receipt such invoice,
For the last six months of Fiscal Year 2025-2026, the Parties costs for advocacy and
management will total $30,000. The Administrator shall issue invoices for fanuary 1,
2026through fune 30,2026 on or before by January 7,2026 and payments shall be due
within 60 days of receipt of such invoice.
c) Deferment of Payment. Any Party with a fiscal year other than f uly 1 to June 30 may defer payment
to October 1, provided however that the Party provide written notice of such fact to the
Administrator on or before July 1.
d) Nonpayment. Failure to submit payment within 60 days after receipt of an invoice from the
Administrator shall constitute a default of this Agreement and result in that Party's removal and
termination of this Agreement with respect to the defaulting party. In addition, the remaining
Parties hereby reserve the right to pursue recovery of any unpaid obligations from the delinquent
Party.
3. RETENTION OF INDEPENDENT CONTRACTORS.
a) The Administrator. The Party Representatives may appoint by majority vote (with one Party
Representative voting on behalf of its GSA), an Administrator as an independent contractor to act
as the custodian of the funds and maintain accurate accounting records, in accordance with
subsection 3(d) of this Agreement and in an amount not to exceed the amount set fofth in the annual
budget. The Administrator may be a Party, a private individual, or an entity. The initial
Administrator of the Coalition shall be Ann DuBay.
b) The Advocate. The Party Representatives may appoint by majority vote [with one Party
Representative voting on behalf of its GSA) an Advocate as an independent contractor to represent
the Parties' interests before the State Legislature, State agencies, and other stakeholders as
determined by the Parties, in accordance with subsection 3[c) of this Agreement and in an amount
not to exceed the amount set forth in the annual budget. The Advocate may be a private individual
or an entity.
c) Contract for Services. The Scope of Work for the Administrator and Advocate shall be approved
by a majority of the Parties' General Managers or contracting officers [collectively, the "Contracting
Officers"). The Contracting Officers are authorized to designate one or more Contracting Officers
to execute an engagement letter or agreement for the services of the Administrator and Advocate.
ii)
iv)
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d) Representation. The Administrator and the Advocate will consider their client to be all of the
parties funding and participating in this Agreement, and will take direction from a majority vote of
the Party Representatives (with one Party Representative voting on behalf of its GSA).
e) Oversight. The Party Representatives may meet in person or virtually as needed to review work
product, costs, or other matters related to or associated with the Administrator and/or Advocate.
These meetings may be held virtually or in person, as determined by the Party Representatives.
4. ADM|SSION, WITHDRAWAI. AND TERMINATION
a) Admission. Any Small GSA may become party to this Agreement upon written consent by majority
vote of the Party Representatives (with one Party Representative voting on behalf of its GSA) and
execution of an amendment to this Agreement by the additional party.
b) Withdrawal. Any Party may withdraw from this Agreement upon 30 days' advance written notice
to the Administrator. Upon receipt of such notice, the Administrator shall immediately provide
notice to all other Parties of the anticipated withdraw. Withdrawal shall not affect, alleviate, or
otherwise terminate any financial obligations of the withdrawing Party's incurred or otherwise
existing prior to the date of notice of withdrawal nor shall withdraw entitle the withdrawing Party
to a refund for any portion ofany contributed portion ofthe budget.
c) Termination. This Agreement shall remain in effect so long as at least five Parties remain party to
this Agreement.
5. INDEMNIFICATION.
Each Party shall indemnify, defend, and hold harmless the other Parties, their officers, employees, and
agents from and against any and all claims liabilities, and expenses ["Claims") arising out of or in
connection with this Agreement except to the extent any such Claims arise out of that Party's negligent acts
or omissions in connection with this Agreement.
6. RETATIONSHIP OF THE PARTIES.
Each Party is an independent public agency collaborating voluntarily on a common issue. Nothing in this
Agreement shall create a joint venture, partnership, or agency relationship among the Parties.
7. DISPUTE RESOLUTION; CHOICE OF LAW.
Any dispute arising under this Agreement shall first be addressed through good-faith negotiations. If
unresolved within 30 days, the dispute shall proceed to mediation, and if necessary, binding arbitration
under California Code of Civil Procedure Part III, Title 9. Venue for all proceedings shall be Sacramento
County, California. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8. AMENDMENTS.
Except for admission of new Small GSAs a member to this Agreement, this Agreement may be amended
upon written consent of all Parties.
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9. EFFECTIVE DATE AND TERM.
This Agreement shall become effective on fanuary L,2026, and shall remain in effect so Iong as at least five
Parties remain party to this Agreement.
10. EXTENSIONS OF TIME.
Whenever the last day of any period described herein falls on a Saturday, Sunday, or holiday, the period
shall be automatically extended to 11:59 p.m. of the next business day, Pacific Time. The time in which any
act provided under this Agreement is to be done shall be computed by excluding the first day and including
the last day, unless the Iast day is a Saturday, Sunday or legal holiday, and then it is also excluded.
11. NOTTCES.
Any notice authorized or required to be given pursuant to this Agreement shall be made in writing and sent
via electronic mail to the email address provided beneath the Party's signature, below, and shall be deemed
to have been given when the e-mail is sent. Any notice sent to the Administrator shall be made in writing
and sent via electronic mail to anndubay@sonic.net or any successor Administrator as appointed by the
Party Representatives. Any Party or the Administrator may change their e-mail address for purpose of
receiving notice by providing such information in accordance with the process set forth herein.
12. COUNTERPARTS AND ELECTRONIC SIGNATURES.
This Agreement may be executed in counterparts, including by electronic or digital signature, each of which
shall be deemed an original and together constitute one instrument.
13. ENTIRE AGREEMENT.
This Agreement, including the Recitals which are a material part of the Agreement and are incorporated
herein, constitute the full and complete understanding among the Parties concerning the subject matter
herein and supersede all prior and contemporaneous agreements or memoranda of understanding relating
to said subject matter.
lN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set fofth below
MOUND BASIN GROUNDWATER SUSTAINABILITY AGENCY
By:
Name: Bryan Bondy
Title: Executive Director
Email : bbondy@uvrgroundwater.org
Date:
OJAI BASIN GROUNDWATER MANAGEMENT AGENCY
By:
Name: Richard Hajas
Title: President of the Board
Email: rhajas@casitaswater.com
Date:
Page 4 of 6
SEE ATTACHED SIGNATURE PAGE
SEE ATTACHED SIGNATURE PAGE
PETALUMA VALLEY GROUNDWATER SUSTAINABILITY AGENCY
By: ___________ _
Name: Sandi Potter
Title: Administrator
Email: spotter@westyost.com
Date: _________
SALINAS VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
By: SEE ATTACHED SIGNATURE PAGE
Name: Piret Harmon
Title: General Manager
Email: Harmonp@svbgsa.org
Date: ________ _
SANTA CRUZ MID-COUNTY GROUNDWATER SUSTAINABILITY AGENCY
By: ____________
Name: Melanie Mow Schumacher
Title: Santa Cruz County Groundwater Agency Executive
Email: Melanies@soquelcreekwater.org
Date: _________
SANTA MARGARITA GROUNDWATER SUSTAINABILITY AGENCY
By: f)d/4��
Name: David McNair
Title: Santa Margarita Groundwater Agency Executive
Email: Dmcnair@svwd.org
Date: / .. ·-:; • a, 4;?
SANTA YNEZ RIVER VALLEY GROUNDWATER BASIN CENTRAL
MANAGEMENT AREA GROUNDWATER SUSTAINABILITY AGENCY
By: ____________
Name: William J. Buelow
Title: Plan Manager
Email: bbuelow@syrwcd.com
Date: _______ _
Page 5 of 6
01/07/2026
Santa Cruz Mid-County Groundwater Agency Executive
01-07-2026
1/22/2026
SIERRA VALLEY GROUNDWATER MANAGEMENT DISTRICT
By:
Name: Einen Grandi
Title: Chairman of the Board
Email: grandiranch@gmail.com
Date:
SPADRA BASIN GROUNDWATER SUSTAINABILITY AGENCY
By:L S/ar",
Name:Shaw, P.E.
Title: Administrative Officer
Email : sshaw@walnuwalleywater. gov
Date:01t0712026
SONOMA VATLEY GROUNDWATER SUSTAINAB ILITY AGENCY
By:
Name: Wiliam f. Keene
Title: Administrator
Email : williamjkeene@ gmail.com
Date:
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
By:
Name: Blake Adams
Title: General Manager
Email : badams@cityofukiah.com
Date:
UPPER VENTURA RIVER GROUNDWATER AGENCY
By:
Name: Bryan Bondy
Title: Executive Director
Email : bbondy@uvrgroundwater.org
Date:
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1/26/2026
1/27/2026
SEE ATTACHED SIGNATURE PAGE
Page 4 of 6
9. EFFECTIVE DATE AND TERM.This Agreement shall become effective on January 1, 2026, and shall remain in effect so long as at least five Parties remain party to this Agreement.
10. EXTENSIONS OF TIME.Whenever the last day of any period described herein falls on a Saturday, Sunday, or holiday, the period shall be automatically extended to 11:59 p.m. of the next business day, Pacific Time. The time in which any act provided under this Agreement is to be done shall be computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday or legal holiday, and then it is also excluded.
11. NOTICES.Any notice authorized or required to be given pursuant to this Agreement shall be made in writing and sent via electronic mail to the email address provided beneath the Party’s signature, below, and shall be deemed to have been given when the e-mail is sent. Any notice sent to the Administrator shall be made in writing and sent via electronic mail to anndubay@sonic.net or any successor Administrator as appointed by the Party Representatives. Any Party or the Administrator may change their e-mail address for purpose of receiving notice by providing such information in accordance with the process set forth herein.
12. COUNTERPARTS AND ELECTRONIC SIGNATURES.This Agreement may be executed in counterparts, including by electronic or digital signature, each of which shall be deemed an original and together constitute one instrument.
13. ENTIRE AGREEMENT.This Agreement, including the Recitals which are a material part of the Agreement and are incorporated herein, constitute the full and complete understanding among the Parties concerning the subject matter herein and supersede all prior and contemporaneous agreements or memoranda of understanding relating to said subject matter.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
MOUND BASIN GROUNDWATER SUSTAINABILITY AGENCY By: ___________________________________________ Name: Bryan Bondy Title: Executive Director Email: bbondy@uvrgroundwater.org Date: ___________________________
OJAI BASIN GROUNDWATER MANAGEMENT AGENCY By: ____________________________________________ Name: Richard Hajas Title: President of the Board Email: rhajas@casitaswater.com Date: ___________________________
1/7/2026
Signature Pages: MOUND BASIN GSA and UPPER VENTURA RIVER GROUNDWATER AGENCY
Page 6 of 6
SIERRA VALLEY GROUNDWATER MANAGEMENT DISTRICT By: ___________________________________________ Name: Einen Grandi Title: Chairman of the Board Email: grandiranch@gmail.com Date: ___________________________
SPADRA BASIN GROUNDWATER SUSTAINABILITY AGENCY By: ___________________________________________ Name: Sherry Shaw, P.E. Title: Administrative Officer Email: sshaw@walnutvalleywater.gov Date: ___________________________
SONOMA VALLEY GROUNDWATER SUSTAINABILITY AGENCY By: ___________________________________________ Name: Wiliam J. Keene Title: Administrator Email: williamjkeene@gmail.com Date: ___________________________
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY By: ___________________________________________ Name: Blake Adams Title: General Manager Email: badams@cityofukiah.com Date: ___________________________
UPPER VENTURA RIVER GROUNDWATER AGENCY By: ___________________________________________ Name: Bryan Bondy Title: Executive Director Email: bbondy@uvrgroundwater.org Date: ___________________________ 1/7/2026
Signature Page: OJAI BASIN GROUNDWATER MANAGEMENT AGENCY
Page 5 of 6
PETALUMA VALLEY GROUNDWATER SUSTAINABILITY AGENCY By: ___________________________________________ Name: Sandi Potter Title: Administrator Email: spotter@westyost.com Date: ___________________________
SALINAS VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY By: ___________________________________________ Name: Piret Harmon Title: General Manager Email: Harmonp@svbgsa.org Date: ___________________________
SANTA CRUZ MID-COUNTY GROUNDWATER SUSTAINABILITY AGENCY By: ___________________________________________ Name: Melanie Mow Schumacher Title: Santa Cruz County Groundwater Agency Executive Email: Melanies@soquelcreekwater.org Date: ___________________________
SANTA MARGARITA GROUNDWATER SUSTAINABILITY AGENCY By: ___________________________________________ Name: David McNair Title: Santa Margarita Groundwater Agency Executive Email: Dmcnair@svwd.org Date: ___________________________
SANTA YNEZ RIVER VALLEY GROUNDWATER BASIN CENTRAL
MANAGEMENT AREA GROUNDWATER SUSTAINABILITY AGENCY By: ___________________________________________ Name: William J. Buelow Title: Plan Manager Email: bbuelow@syrwcd.com Date: ___________________________
01/07/2026
Signature Page: SALINAS VALLEY BASIN GSA