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HomeMy WebLinkAbout2026-04-13 WCWD Packet pt.1bilh UKIAH VALLEY WATER AUTHORITY Willow County Water District Regular Meeting AGENDA 151 Laws Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link:hMos;llus06web,room.asldl6477r5413760 Or you can call In using your telephone only: • Call1-699-444-9171 • Enter the Access Code: 847 7541 3780 April 13, 2026 - 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.a. 2026-03-09 Willow Minutes Recommended Action: Approve the minutes from March 9, 2026 Attachments: 1. 2026-03-09 Willow draft Minutes 3. AUDIENCE COMMENTS ON NON -AGENDA ITEMS The Ukiah Valley Water Authority (UVWA) - Willow County Water District members welcome input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments on non -agenda items. If you wish to submit written comments, please provide information to the UVWA-Willow, located at 151 Laws Avenue, Ukiah, CA, 95482. 4. FINANCIAL REPORTS 4_a, Balance Sheet July - February 2026 Attachments: 1. Balance Sheet July - February 2026 4.b, Check Register February 2026 Attachments: Check Register February 2026 4.c, YTD Budget Report: July —February 2026 Attachments: 1. YTD Budget Report July -February 2026 5. UNFINISHED BUSINESS Page 1 of 2 5.a. Approval of Lease Agreement with Option to Purchase Between the City of Ukiah and the Willow County Water District for the Property located at 151 Laws Avenue in Ukiah, CA. APN:003-420-47. Attachments: LEASE AGREEMENT WITH OPTION TO PURCHASE - FINAL w attachments 6. NEW BUSINESS 6.a. Consideration and Possible Action to Appoint a New Director. 6.b. Resolution of the Board of Directors of the Willow County Water District Determining That Certain Real Property Proposed to be Leased, With an Option to Purchase, to The City Of Ukiah is Not Surplus Land and, if Subject to The Surplus Land Act, Would Qualify as Exempt Surplus Land Recommended Action: Approve Resolution 2026-01 Resolution of the Board of Directors of the Willow County Water District Determining That Certain Real Property Proposed to be Leased, With an Option to Purchase, to The City Of Ukiah is Not Surplus Land and, if Subject to The Surplus Land Act, Would Qualify as Exempt Surplus Land Attachments: 1. Resolution 2026-01 Willow 6.c. UVWA - Willow Common Interest Agreement Attachments: 1. UVWA.CommoninterestAgreement 7. ADMINISTRATIVE AND OPERATIONAL REPORTS 7.a. Report on Eel -Russian Project Authority (ERPA) & Inland Water and Power Commission (IWPC) 7.b. Report on Local Water District Projects 7.c. Report on Ukiah Valley Water Authority (UVWA) 8. COMMITTEE MEMBER ANNOUNCEMENTS AND REPORTS 9. SET NEXT MEETING DATE 9.a. May 11, 2026 The next regular meeting is scheduled for May 11, 2026, unless there is no business to come before the Board. 10. ADJOURNMENT Please be advised that the Ukiah Valley Water Authority (UVWA)-Willow County Water District (WCWD) needs to be notified 24 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. UVWA-WCWD complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the UVWA-WCWD Board Members after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting, for handouts, please include 10 copies. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California: and at 151 Laws Ave., Ukiah, California not less than 24 hours prior to the meeting set forth on this agenda. Signed. Kim Saylor, Deputy City Clerk Dated: April 9, 2026 Page 2 of 2 1 4r.— UKIAH VALLEY WATER AUTHORITY WILLOW COUNTY WATER DISTRICT MINUTES Regular Meeting WATER DISTRICT OFFICE CONFERENCE ROOM 151 Laws Avenue, Ukiah, CA 95482 Virtual Meeting Link: hops://us06web.zoom.us/i/84775413780. Ukiah, CA 95482 March 9, 2026 5:00 p.m. 1. CALL TO ORDER AND ROLL CALL The WCWD met at a Regular Meeting on March 9, 2026, having been legally noticed on March 5, 2026. The meeting was held in person and virtually at the following link: https://usO6web.zoom. us✓Y84775413780. Chair Nevill called the meeting to order at 5:02 p.m. Roll was taken with the following Members Present: Devin Gordon, Mike Hildreth, and Gary Nevill; ABSENT: Ross Larue and one seat is currently vacant. Staff Present: Jared Walker, MCWD General Manager; Liz Patton, Finance; Olga Keough, Controller, City of Ukiah; and Kim Saylor, Ukiah City Deputy Clerk. Others Present: Devon Boer, Robert Bartolomie and Kathy. CHAIR NEVILL PRESIDING. 2. APPROVAL OF MINUTES a. Approval of the Minutes for December 8, 2025, Regular Meeting. No public comments were received. Motion/Second: Hildreth/Gordon to approve the minutes for the December 8, 2025, Regular Meeting, as submitted. Motion carried by the following roll call votes: AYES: Gordon, Hildreth, and Chair Nevill NOES: None. ABSENT: LaRue. ABSTAIN: None. 3. AUDIENCE COMMENTS ON NON -AGENDA ITEMS No public comments were received. 4. NEW BUSINESS Rotation of Officers for 2026. Motion/Second: Nevill/Gordon to appoint Ross LaRue as Chairman of the WCWD board for 2026. Motion carried by the following roll call votes: AYES: Gordon, Hildreth and Chair Nevill NOES: None. ABSENT: LaRue. ABSTAIN: None. 5. UNFINISHED BUSINESS Appraisal for 151 Laws Avenue (Willow Water District Building). a. Term Sheet Willow Office Building 11-7-25 Member Consensus to continue this item to the next scheduled meeting. Page 1 of 2 Willow County Water District Minutes for March 9, 2026, Continued: 6. FINANCIAL REPORTS Presenter: Olga Keough, Finance - Controller, City of Ukiah. a. Balance Sheet July 2025 - January 2026 b. YTD Budget Report July 2025 - January 2026 c. Check Register January 2026 d. Check Register December 2025 7. ADMINISTRATIVE AND OPERATIONAL REPORT a. Report on Eel -Russian Project Authority (ERPA) Presenter: Jared Walker, WCWD General Manager. No further updates. b. Water Districts' Projects Presenter: Jared Walker, WCWD General Manager. • WCWD is finishing up a few projects, gearing up for spring with mowing and weed abatement. • HPUD installing monitoring wells. • HWY 101 Caltrans project will start soon. PG & E starting next week. • Laws Avenue has a water main replacement for WCWD, $390, 000 estimate. Wipf. c. Ukiah Valley Water Authority (UVWA) Presenter: Jared Walker, WCWD General Manager. Next Meeting April 3, 2026, at 5:00 at Ukiah Valley Conference Center (UVCC). S. COMMITTEE MEMBER ANNOUNCEMENTS AND REPORTS Form 700 reminders and handed out forms at the meeting. W-9 forms handed out at the meeting and asked board members to return to the City of Ukiah. Director Hildreth gave his written resignation. The board and staff thank him for his community service for many years. 9. SET NEXT MEETING DATE April 13, 2026, at 5:00pm. 10. 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F+\ 11 � 3 rt m m LO n r U (A ••\ Z z W rF O (n (n m < ko o r LM •• a c •• z n a w i0 3 { r m� z 3 { N {OJ r+{ 3 c 3 m m CL.. n (O m 3 s r+ A rp 0 �• •• 0 3 O 0 z ae =2 z z m 0 CL fi cr w a m N el z %A nA 19{ w O n m J 3 rt 00 E m O a(n < a srt m.. Vl N n It �•O 00 O rQ a 3 61 m O •• � u. Z 00 rm n rt z NNLnLA (DmmrD nQ-0-0 C C C c (D !D rD fD 3 3 3 3 nnnn mmmm AWNV-+ m m J 0 F CD CL 9 O Z{«el W J RESOLUTION 2026-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WILLOW COUNTY WATER DISTRICT DETERMINING THAT CERTAIN REAL PROPERTY PROPOSED TO BE LEASED, WITH AN OPTION TO PURCHASE, TO THE CITY OF UKIAH IS NOT SURPLUS LAND AND, IF SUBJECT TO THE SURPLUS LAND ACT, WOULD QUALIFY AS EXEMPT SURPLUS LAND WHEREAS: 1. The Willow County Water District ("Willow") has determined to enter the Lease with Option to Purchase ("Lease") between the District and the City of Ukiah ("City") attached hereto as Exhibit A; and 2. The property subject to the Lease is located at 151 Laws Avenue in Ukiah, California, also known as Mendocino County Assessor's Parcel Number ("APN.") 003-420-47 (the "Property"); and 3. The Property is less than one-half acre and includes an office building which Willow has used as its offices for its staff, for maintaining its records, dispatching personnel to perform maintenance and repair of its water system and pursuant to agreements with other water districts, billing and system maintenance services for the other districts and for the meetings of its Board of Directors; and 4. Willow and Millview County Water District, Calpella County Water District and Redwood Valley County Water District and the City have entered a joint exercise of powers agreement under which the Ukiah Valley Water Authority ("UVWA") has been established as a joint powers agency to operate and maintain its members' water systems and to bill and collect fees from their customers; and 5. The City currently uses office space on the Property to service Willow and other members of the UVWA under which the City provides administrative services for the members, including Willow. The administrative services include, but are not limited to, billing member customers for water services and maintaining billing and related records; and 6. The Willow Board of Directors will continue to conduct its meetings on the Property; and 7. The Lease has a term of five years during which the City will have the option to purchase the Property; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors finds and declares, as follows: 1. Under the Surplus Lands Act (Gov. Code §§ 54220 et seq.), land surplus to the District's needs can be declared surplus and leased or sold. If the land qualifies as exempt surplus land, the District can sell it without first issuing a Notice of Availability ("NOA"), to, among others, affordable housing developers, and thereafter, if any qualified entity submits a Notice of Interest within sixty (60) days of issuance of the NOA, the local agency must negotiate in good faith for at least ninety (90) days with any such submitting entities before pursuing alternative disposition. 2, The Property is not surplus Land and independently qualifies as exempt surplus land which does not require the issuance of a NOA. 3. The Property is not surplus to Willows' needs, because under the UVWA, the City will provide billing and collection services and system maintenance and repair services to Willow, DN12 101762214 1 using the Property pursuant to the Lease and the Willow Board will continue to conduct meetings on the Property. 4. The Property would also qualify as exempt surplus property under the following exemptions: a. The Lease is for a term of less than 15 years which qualifies it for the exemption in Gov. Code § 54221 (d)(1)(A). b. Under the option to purchase in the Lease, as a sale to the City, it is exempt surplus land under Gov. Code § 54221(f)(1)(D) which exempts a sale of real property by a local agency, such as the District to another local agency, such as the City. c. As a property which is less than '/z acre, it is exempt under Gov. Code §544221(f)(1)(B). 5. The approval of the Lease is exempt from environmental review under the California Environmental Quality Act ("CEQA") because the Lease will not change the use of the Property and the purchase option in the Lease is exempt under 14 California Code of Regulations ("CCR") section 15312. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Willow County Water District on the 13th day of March 2026 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kim Saylor, Board Secretary , Chairperson DN12 101762234 1 COMMON INTEREST AGREEMENT Regarding UKIAH VALLEY WATER AUTHORITY AND PURPOSES THEREOF 1. This Common Interest Agreement ("Agreement") is entered into and by Calpella County Water District ("Calpella"), Millview County Water District ("Millview"), Redwood Valley County Water District ("Redwood"), the City of Ukiah ("Ukiah"), and Willow County Water District ("Willow") (collectively, the "Members"), and the Ukiah Valley Water Authority (the "Water Authority") (collectively, the "Parties"). The Members are members of the Water Authority, a Joint Exercise of Powers Authority formed pursuant to the Joint Exercise of Powers Act (Gov. Code sections 6500 et seq.). Each of the Parties have been and continue to be engaged in discussions regarding powers and authorities of the Water Authority, including, but not limited to, the consolidation of the Members' various water systems, associated water rights, and applications for funding from the State of California. The Parties have a common interest in the successful prosecution, implementation, and defense of the various powers, authorities, and purposes discussed in the Joint Exercise of Powers Agreement, as is and may be amended, (the "IPA") and which formed the Water Authority (the "Common Interest") 2. In pursuit of the Common Interest, each of the Parties recognizes that the ability to freely share data, reports, studies, communications, and memoranda, and to coordinate their efforts related to the Common Interest without waiving any privilege or confidentiality of said information, will be greatly enhanced by the abilities of the respective Parties' employees, experts, and legal counsel to communicate about these matters. At the same time, the Parties recognize that certain proceedings may very likely take place in front of federal or state agencies, other administrative entities, and courts of law. This recognition makes it imperative that the associated communication between the Parties and their respective experts and legal counsel associated with these matters remain privileged and confidential. Thus, the Parties each have an interest in sharing materials as further defined below, including but not limited to: data, modelling, assumptions, legal analyses, draft: and final studies and plans, contingencies, and negotiation strategy associated with the Common Interest, all of which are considered by the Parties to be information covered by this Agreement. 3. Each of the Parties have consulted their respective attorneys both for separate purposes and for purposes within the Common Interest. The Parties believe that disclosure of certain privileged information among the Parties will advance the Common Interest (including legal interests), will further the interest of the disclosing Party, and is reasonably necessary to accomplish the purpose for which the disclosing Party's attorney was consulted. In this regard, the Parties wish to continue to pursue both their separate interests and the Common Interest, and to avoid any suggestions or claims of waiver of the protections of the attorney- client privilege, the work -product doctrine, and all other privileges or confidences, as are applicable. 4. The Water Executive Committee of the Water Authority may appoint an attorney licensed to practice law in California who shall then serve at the pleasure of the Water Authority. Until such appointment, and in accordance with the JPA, the City shall provide legal counsel to the Water Authority. Any such attorney shall act as counsel for the Water Authority until such time as the Water Executive Committee appoint a replacement counsel. The Parties, and each of them, acknowledge that joint representation of the Water Authority and any of the Members can constitute a conflict of interest and may raise issues associated with the duty of loyalty, client communication, and duty of confidentiality. It is the expectation of the Parties that the Water Authority will be staffed by staff persons working for the Members, particularly the City of Ukiah. In addition, the Water Executive Committee, the legislative body of the Water Authority, is made up of by directors of the Members. In addition, the Parties are sophisticated in their provisioning of legal services. For these reasons, the Parties are in good positions to evaluate this conflict of interest and by the approval of this Agreement the governing boards of the Parties agree to waive such potential conflicts of interest. In the event of actual litigation between any of the Parties, each Member shall be permitted to continue to retain its own counsel, but the Authority will be required to retain independent counsel. Legal counsel for the Water Authority, whether independent or provided by a Member, shall work cooperatively with Water Authority staff but shall report to the Water Executive Committee. 5. In order to effectively pursue matters related to the Common Interest, the Parties agree that, from time to time, the Common Interest is best served by exchanging oral, electronic, and/or written communications or documents which, in the absence of such sharing, would be protected from disclosure to any third party by the attorney -client privilege, the work product doctrine, the exceptions to disclosure provided to public agencies by the California Public Records Act, and/ or other applicable privilege or basis for maintaining material within the Common Interest as confidential. All such shared information is considered by the Parties, and will be treated in accordance with the provisions of this Agreement, as "Common Interest Material." b. The purpose of this Agreement is to ensure that the exchange or disclosure of Common Interest Material in furtherance of the Common Interest does not diminish in any way the confidentiality of the Common Interest Material or be deemed to constitute a waiver of any privilege or other protection accorded to the Common Interest Material, and the Parties hereby declare their intent that no sharing of infonnation as set forth above shall waive the attorney -client privilege, the attorney work product doctrine, any exception applicable under the CPRA, and/ or other applicable privilege, confidence, or basis for maintaining the Common Interest Material as confidential. 7. Nothing in this Agreement shall be deemed to require that any Party share any particular information or material, including Common Interest Material, with any other Party, or to create or establish any right of any Party to request or demand any information or material, including Common Interest Material, from another Party. 8. All written materials exchanged in accordance with this Agreement shall be clearly marked "PRIVILEGED AND CONFIDENTIAL — SUBJECT TO COMMON INTEREST AGREEMENT." The Parties shall use their best efforts to so mark all such written materials, and shall instruct all attorneys, paralegals, clerical, consultants, experts, and other personnel as to this requirement; provided, however, that failure to mark such exchanged materials shall not be treated as waiving any applicable privilege as to any materials not so marked. This requirement for marking of materials is prospective in nature and does not apply to materials previously exchanged pursuant to oral common interest agreements which did not include a requirement for such marking. 9. The Parties agree that this Agreement also pertains to information shared prior to this Agreement and in pursuance of the Common Interest. To the extent the Parties have previously agreed to a common interest and to share information in pursuance of that common interest, all information shared under such prior agreement(s) shall continue to be protected by all applicable privileges. This Agreement memorializes any earlier oral agreement(s) and incorporates and supersedes any prior written or oral agreements between any of the Parties pursuant to which Common Interest Material has been exchanged. 10. Except as expressly stated in writing to the contrary, any and all Common Interest Material obtained by any of the counsel from each other and/ or each other's clients has been and is being provided solely for the internal use of the Parties and their respective counsel in pursuance of the Common Interest and shall remain confidential and be protected from disclosure to any third party by the common interest privilege, the common interest doctrine, the respective Party's attorney client privilege, the attorneys' work product privilege, and/ or any other applicable privileges, confidences, and immunities. 11. All Common Interest Material shall be used solely in pursuance of the Common Interest; provided, however, that nothing in this paragraph shall limit the rights of the originating Party with regard to the use of information developed by that Party or its counsel, without using or relying upon Common Interest Material, whether or not shared with the other Party, in any manner it wishes; provided further, no Party is required to treat information or material obtained from sources other than exchanges pursuant to this Agreement as Common Interest Material. 12. All communications, oral and written, between the Parties in matters related to the Common Interest, or among or between necessary persons acting on their behalf, including, but not limited to, counsel for the Parties and their paralegals, consultants, experts, agents, or others acting on behalf of a Party or the Parties in matters related to the Common Interest are conclusively presumed to be made pursuant to this Agreement and to convey Common Interest Material; unless, however, a Party to such communication, at the outset of such communication, specifies that the particular communication is not being made pursuant to this Agreement. 13. Each Party will take all necessary and appropriate measures to ensure that any person who is granted access to any Common Interest Material, or who participates in work on joint projects in pursuance of the common interest, or who otherwise assists counsel in connection with the performance of this Agreement, is familiar with the terms of this Agreement and complies with such terms as they relate to the duties of such person. Any such person shall, prior to accessing Common Interest Material, sign the attached Individual Acknowledgment and Agreement, and the Party Representative shall attest to that person's participation in the Common Interest and distribute an executed copy of the Individual Acknowledgment and Agreement to the other Parties. 14. The Parties agree that, in the event any Party determines it no longer shares, or no longer will share, the Common Interest with the other Parties for any reason, that Party will promptly notify the other Parties of its intent to withdraw from this Agreement. The notice shall be given in accordance with this Agreement and the issuance of the notice of withdrawal shall terminate the Party's interest in this Agreement; provided, however, that the obligation of confidentiality and privilege with respect to Common Interest Material previously provided pursuant to this Agreement shall survive such withdrawal and termination. 15. If a Party or person identified in Sections 1 or 13 becomes subject to a bona fide requirement by law, regulation, deposition question, interrogatory, request for public information, records, or documents, including under the California Public Records Act, subpoena, civil investigative demand, or similar process (collectively, a "Requirement") to disclose any Common Interest Material, such Party: (i) will, upon receipt of the Requirement and prior to producing any Common Interest Material, immediately notify the other Parties of the existence, terms, and circumstances of such Requirement to the extent permitted by law and in accordance with that Party's legal counsel; and (ii) will cooperate fully with any other Party seeking a protective order. The Party that received the Requirement shall determine whether the requested or demanded Common Interest Material can be protected in accordance with the law. If, in the opinion of that Party, the requested or demanded Common Interest Material is not exempt from disclosure or production, that Party shall promptly notify the other Parties, each of whom shall have the right to seek a protective order that may be based upon a privilege the Party that received the Requirement might hold. If such an order is sought, the Party that received the Requirement will refrain from disclosing the requested or demanded Common Interest Material until such time as a final disclosure agreement or judicial determination is made concerning the Requirement; provided, however, that the Party that received the Requirement shall not be required to refrain from disclosing the requested or demanded Common Interest Material if doing so would violate the law. The costs and expenses for seeking any protective order pursuant to this paragraph shall only be borne by the Party(ies) opposing the Requirement. If a Party subject to a Requirement, who has complied with the notification and cooperation obligations described in this paragraph, is compelled, in the opinion of its legal counsel, to make disclosure of Common Interest Material or else stand liable for contempt or other substantial penalty, such Party: (i) will furnish only that portion of the Common Interest Material which is legally required pursuant to the terms of such Requirement as modified by any protective order; and (ii) will not be liable to any other Party for the disclosure of Common Interest Material. The Parties intend to consider sharing costs and other resources involved in protecting Common Interest Material from improper disclosure. The Parties acknowledge that such costs cannot be shared exactly equally all the time; therefore, should a Party that received a Requirement believe the costs of preventing improper disclosure of Common Interest Material are, have become, or will become disproportionate, the Parties agree to jointly consult to discuss whether and to what extent such costs should be shared. 16. Each of the Parties understands and acknowledges that each respective Party is represented exclusively by the Party's own counsel with respect to the Common Interest and that nothing in this Agreement transforms counsel for any Party into counsel for any other Party or creates an attorney -client relationship with any counsel other than the Party's own counsel. Each party also understands and acknowledges that counsel representing another Party owes an uncompromising duty of loyalty to its client and to no other Party, and that while all counsel subject to this Agreement have a duty to preserve the confidences disclosed to them pursuant to this Agreement, they will not act for any Party other than their own client with respect to the Common Interest. 17. Participation in this Agreement or in any effort related to the Common Interest shall not be the basis for a claim of conflict of interest or for recusal in any proceeding in which the Parties are or may be adverse to each other or where counsel for the Parties may represent adverse interests. The obligations under this paragraph will survive the termination or dissolution of this Agreement and will continue to bind each Party should that Party withdraw from this Agreement. 18. The obligations of the Parties with respect to any aspect of the protection of Common Interest Material from improper disclosure survive the withdrawal of a Party for any reason and survive the complete resolution of any action or proceeding related to the Common Interest. 19. This Agreement shall not constitute or be interpreted, construed, or used as evidence of any admission of liability, law, or fact, a waiver of any right or defense, or an estoppel against any Party. However, nothing in this Agreement is intended or should be construed to limit, bar, or otherwise impede the resolution of any dispute between the Parties. 20. The effective date of this Agreement shall be the date it is executed by the Parties. 21. All modifications of this Agreement must be in writing and signed by an authorized representative of each Party. 22. Additional parties may be added to this Agreement upon: a) approval by the Water Executive Committee; and b) valid execution by the additional party; provided, however, that any such additional party first executes the JPA and is thus a Member of the Water Authority. 23. This Agreement shall be interpreted under the substantive laws of the State of California without regard to choice -of -law principles. If any provision of this Agreement is found invalid or unenforceable, then the balance of this Agreement shall remain in full force and effect. 24. Nothing in this Agreement shall be construed to waive any rights, claims, or privileges which any Party shall have against the other party or any other person or entity. 25. This Agreement does not form a joint venture or partnership by or among the Parties. Unless otherwise expressly agreed to in writing by the Parties, no Party shall be entitled to compensation or reimbursement from any other Party for the participation of its employees, officers, agents, servants, contractors, or attorneys in the defense of any threatened or asserted claims subject to this Agreement or for the costs of participation in this Agreement. 26. This Agreement may be signed in separate counterparts, each of which shall be binding on all Parties who are signatory to any counterpart. 27. The Parties hereby authorize this Agreement to be executed upon the facsimile or electronic signatures of the authorized representatives of the respective Parties and agree that such facsimile or electronic signature shall be valid and binding as though original signatures had been provided. 28. All notices pursuant to this Agreement shall be in writing and shall be given using one of the following methods: hand -delivery; registered or certified mail, postage pre -paid, return receipt requested; nationally recognized courier service; or e-mail. Any notice shall be deemed delivered five (5) business days after such mailing date, except that any notice hand - delivered or sent via overnight delivery service or e-mail shall be deemed delivered one (1) business day after the dispatch date. Notices shall be addressed to the Parties at the addresses or a -mails set forth below. A Party's address may be changed by written notice to the other Parties. 29. Each signatory, by signing this Agreement, warrants his or her authority to bind his or her respective Party and to act as the Party Representative for purposes of this Agreement. 30. Nothing in this Agreement modifies or alters any prior agreements between the Parties. In the event of a conflict with the terms of this Agreement and some other agreement between the Parties, the terms of whichever agreement was executed earlier shall prevail. Calpella County Water District: Date: Printed Name: Title: Address: Phone: Email: Millview County Water District: Date: Printed Name: Title: Address: Phone: Email: Redwood Valley County Water District: Date: Printed Name: Title: Address: Phone: Email: The City of Ukiah: Date: Printed Name: Title: Address: Phone: Email: Willow County Water District: Date: Printed Name: Title: Address: Phone: Email: The Ukiah Valley Water Authority: Date: Printed Name: Title: Address: Phone: Email: (Party) COMMON INTEREST AGREEENT INDIVIDUAL ACKNOWLEDGEMENT AND AGREEMENT By signing below, 1, (individual's name) , with and for , acknowledge I have read and understand the terms of the Common Interest Agreement and agree to abide by the terms of the Common Interest Agreement. Date: Printed Name: Title: By signing below, I, (Party Representative) above individual is an authorized agent of (Party) purposes of the Common Interest Agreement. Party: Printed Name: Title: , attest the for