Ukiah City Council
October 2, 2024

City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/83894331689 Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 838 9433 1689
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

October 2, 2024 - 5:15 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4.a. Proclamation of the Ukiah City Council Recognizing October as National Disability Employment Awareness Month in the City of Ukiah.

Recommended Action: Issue a Proclamation recognizing October as National Disability Employment Awareness Month in the City of Ukiah.

Attachments:

1. Proclamation

4.b. Proclamation of the Ukiah City Council Recognizing October 14, 2024, as Indigenous Peoples' Day in the City of Ukiah.

Recommended Action: The Ukiah City Council will issue a proclamation recognizing October 14, 2024, as Indigenous Peoples' Day in the City of Ukiah.

Attachments:

1. Proclamation

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the September 18, 2024, Regular Meeting.

Recommended Action: Approve the Minutes for the September 18, 2024, Regular Meeting.

Attachments:

1. 2024-09-18 Draft Minutes

7. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.

8. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.

Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.

8.a. Consideration of Adoption of Resolution Approving the Destruction of Outdated Records from the Finance Department and the City Manager's Office.

Recommended Action: Adopt resolution authorizing the destruction of outdated documents for the Finance Department and the City Manager's Office.

Attachments:

1. Resolution

8.b. Approve Budget Amendment in the Amount of $140,000 for the Fire Department Operating Fund (105).

Recommended Action: Approve a budget amendment in the amount of $140,000 for the Fire Department Operating Fund.

Attachments:

1. ASR-8J 07.17.2024 FIRE

8.c. Consideration of Adoption a Resolution Approving Amendments to the Current Memoranda of Understanding Between the City of Ukiah and Department Head and Management Bargaining Units.

Recommended Action: Adopt Resolution approving amendments to the current Memoranda of Understanding (MOU) between the City of Ukiah and Department Head and Management bargaining units.

Attachments:

1. Resolution to Amend Department Head and Management Unit MOUs 2022-2025

8.d. Award of Contract with GHD Inc. for Multimodal Transportation Study of School Street; and Approval of Corresponding Budget Amendment.

Recommended Action: Approve the award of a contract to GHD Inc. in the amount of $238,999.99 for services related to a multimodal transportation study of School Street; and approve a corresponding budget amendment.

Attachments:

1. Request for Proposals - School St Multimodal Transportation Study FINAL

2. GHD Proposal

3. Approved PIF

8.e. Approval of a Budget Amendment in the Amount of $280,893.50 for Additional Road Reconstruction Services from Ghilotti Construction Inc., on Low Gap Road Related to the Recycled Water Project Phase 4.

Recommended Action: Approve budget amendment in the amount of $280,893.50 for the additional road reconstruction services from Ghilotti Construction Inc. on Low Gap Road related to the Recycled Water Project Phase 4.

Attachments: None

8.f. Consideration of Execution of Amended and Restated Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority and Reaffirm the Continued Appointment of Vice-Mayor Crane and Councilmember Orozco as the Two Representatives to the Ukiah Valley Water Authority.

Recommended Action: Approve the Amended and Restated Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority and authorize the Mayor/City Manager to execute the agreement on behalf of the City, and to make any modifications that do not make material, substantive changes to the agreement, including approval of Exhibits A-E thereto, and if approved reaffirm the continued appoint of Vice-Mayor Crane and Concilmember Orozco as the two representatives to the Ukiah Valley Water Authority.

Attachments:

1. Joint Powers Agreement - Redline & Clean

2. Exhibit B

3. Exhibit C

8.g. Authorize the City Manager to Execute a Municipal Lease Agreement with Financial Pacific Leasing, Inc., DBA Umpqua Bank Equipment Leasing & Finance, to Finance the Purchase of Equipment on Order in Support of the Inter Facility Transport Agreement Between the Ukiah Valley Fire Authority and Adventist Health Systems West, and Approve Corresponding Resolution and Budget Amendments.

Recommended Action: Authorize the City Manager to execute a municipal lease agreement with Financial Pacific Leasing, Inc., DBA Umpqua Bank Equipment Leasing & Finance, to finance the purchase of equipment on order in support of the Inter Facility Transport Agreement between the Ukiah Valley Fire Authority and Adventist Health Systems West, and approve corresponding resolution and budget amendments.

Attachments:

1. Equipment Purchase Orders

2. City of Ukiah Terms and Conditions

3. City of Ukiah Amortization

4. Draft Resolution - Ambulance Equipment dv edits

5. Draft - Document Package - City of Ukiah

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. 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 in which the subject is not listed on the agenda.

10. COUNCIL REPORTS

11. CITY MANAGER/CITY CLERK REPORTS

12. PUBLIC HEARINGS (5:30 PM)

12.a. Possible Introduction by Title Only of an Ordinance to Approve a Rezone from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2), as well as Approval of a Minor Subdivision Resulting in Two (2) Parcels at 960-979 Marlene Street; (APNs 003-100-24 - 003-100-437); File No. #24-9277.

Recommended Action: Introduce by title only an Ordinance to approve a Rezone from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2), as well as approve a Minor Subdivision resulting in two (2) parcels at 960-979 Marlene Street; (APNs 003- 100-24 - 003-100-437); File No. #24-9277.

Attachments:

1. Application Materials

2. Draft Findings

3. Draft Conditions of Approval

4. Agency Comments and Responses

5. Technical Memorandum – CEQA Exemption (Terra Nova Planning & Research)

6. Draft Ordinance

12.b. Possible Introduction of an Ordinance, by Title Only, Amending and Adding Various Sections of the Ukiah City Code to More Effectively Regulate 'Missing Middle Housing' Consistent with the Land Use Element of the Ukiah 2040 General Plan.

Recommended Action: Introduce, by title only, an ordinance amending and adding various sections of the Ukiah City Code to more effectively regulate 'Missing Middle Housing' consistent with the Land Use Element of the Ukiah 2040 General Plan.

Attachments:

1. City of Ukiah - Land Use Element (Missing Middle Housing)

2. Planning Commission Resolution (Draft - Unsigned)

3. CEQA Guidelines Section 15183 (Findings of Significance)

4. Draft Ordinance

5. Staff Analysis

12.c. Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of a CDBG Application in Response to the 2024 State Community Development Block Grant Program Notice of Funding Availability; and Approve Corresponding Budget Amendments if Awarded Funding for the Application.

Recommended Action: Conduct a Public Hearing to consider adoption of a Resolution approving the submittal of a CDBG Application in response to the 2024 State Community Development Block Grant Program Notice of Funding Availability; and approve corresponding budget amendments if awarded funding for the application.

Attachments:

1. 2024_CDBG_NOFA

2. LocalAppPublicNotice

3. Local_App_2024

4. LocalApp_PlanningStudy

5. LocalApp_FTHB_Program

6. Resolution

13. UNFINISHED BUSINESS

13.a. Receive Report Regarding the City's Response to the Updated FEMA Floodplain Maps, Provide Direction to Staff, and Take Any Other Action Deemed Necessary.

Recommended Action: Receive a report regarding the City's response to the updated FEMA floodplain maps, provide direction to Staff, and take any other action deemed necessary.

Attachments:

1. 2024-09-20 Council Comment Ltr to FEMA re FEMA Floodplain Maps

2. City of Ukiah FEMA Map Comment Letter_20SEP2024

3. Updated Floodplain Map

14. NEW BUSINESS

14.a. Consideration of Resolution Provided by Cal Cities in Support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act.

Recommended Action: Staff Recommendation: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drug-related offenses.

Alternate Actions: 1) Develop a resolution opposing Proposition 36; 2) Take no action; or 3) Provide additional direction to Staff.

Attachments:

1. Prop 36 Resolution

2. Prop 36 Comparison Table

14.b. Receive and File Fourth Quarter Financial Report (Preliminary Unaudited Year-End Results).

Recommended Action: Receive and file report.

Attachments: None

14.c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

Attachments:

1. 2024 City Council Special Assignments and Ad Hocs

15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING

15.a. Conference with Legal Counsel – Anticipation of Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (4 cases)

15.b. Conference with Legal Council - Anticipated Litigation Government Code Section 54956.9(d)(2)
Significant exposure to litigation (1 case)

15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036

15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200

15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612

15.f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-12; 180-120-15; 180-120-16
Negotiator: Shannon Riley, Deputy City Manager

Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment

15.g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment

15.h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment

15.i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units

16. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City 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 City Council 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, not less than 72 hours prior to the meeting set forth on this agenda.

Kristine Lawler, CMC/CPMC
Dated: 9/27/24

Agenda Item No: 4.a.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-623

AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing October as National Disability Employment Awareness Month in the City of Ukiah.

DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Josefina Dueñas, City Council, Mayor
ATTACHMENTS:

1. Proclamation
Summary: The Ukiah City Council will issue a proclamation recognizing October 2024 as National Disability Employment Awareness Month in the City of Ukiah. The Proclamation highlights the importance of inclusive employment policies and practices that support workers with disabilities and celebrates their contributions to the workforce. This year's theme, "Access to Good Jobs for All," reinforces the commitment to building an inclusive community and a strong economy.

Background: Each October, Americans observe National Disability Employment Awareness Month to celebrate the contributions of America’s workers with disabilities past and present, and to showcase supportive, inclusive employment policies and practices that benefit employers and employees.

Discussion: The City encourages the community to participate in events and activities that promote awareness and foster inclusion. Therefore, the City Council will consider a proclamation (Attachment 1), recognizing October 2024 as National Disability Employment Awareness Month in the City of Ukiah.

Recommended Action: Issue a Proclamation recognizing October as National Disability Employment Awareness Month in the City of Ukiah.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve.

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

October 2024 as
“National Disability Employment Awareness Month”
in the City of Ukiah
Whereas, each October, Americans observe National Disability Employment Awareness Month to celebrate the contributions of America’s workers with disabilities past and present, and to showcase supportive, inclusive employment policies and practices that benefit employers and employees; and
Whereas, October 2024 marks the 79th anniversary of National Disability Employment Awareness Month and the theme for this year is, “Access to Good Jobs for All”; and Whereas, workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy; and
Whereas, locally, the Redwood Coast Regional Center, America's Job Center/Career Point, and the State of California Developmental Disabilities will be sponsoring a job fair called “Employers Empowering the Mendocino Workforce”. This event will reinforce the value and talent people with disabilities add to our workplaces and communities and affirm Ukiah's commitment to an inclusive community that increases access and opportunities to all, including individuals with disabilities; and
Whereas, we encourage employers, schools, and other community organizations in Ukiah to observe this month with appropriate programs and activities and to advance its important message that people with disabilities add value and talent to our workplaces and communities.

Therefore be it resolved, that the City Council of the City of Ukiah, hereby proclaims October 2024 as
National Disability Employment Awareness Month
in the City of Ukiah
Signed and sealed, this 2nd day of October in the year
Two Thousand and Twenty-Four.
____________________________
Josefina Dueñas, Mayor
Attachment 1

Agenda Item No: 4.b.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-631

AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing October 14, 2024, as Indigenous Peoples' Day in the City of Ukiah.

DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Josefina Dueñas, City Council, Mayor
ATTACHMENTS:

1. Proclamation
Summary: The Ukiah City Council will issue a proclamation recognizing October 14, 2024, as Indigenous Peoples' Day in the City of Ukiah. The proclamation acknowledges the rich history and contributions of Indigenous Peoples in Mendocino County and across the nation, to promote understanding, cooperation, and recognition of the cultural diversity and sovereignty of Indigenous tribes, particularly those in the local community.

Background: The Ukiah City Council regularly issues proclamations to recognize and celebrate cultures, communities, and significant events. These proclamations serve to promote inclusivity, foster education, and encourage understanding among our diverse population. In line with this ongoing effort, the City Council declared the second Monday of October as Indigenous Peoples' Day in 2021 to honor the contributions and rich cultural heritage of Native American and Indigenous communities, both locally and nationwide. This proclamation continues to highlight the importance of acknowledging the history and ongoing impact of Indigenous Peoples in Ukiah and beyond, fostering a spirit of respect and cooperation within our community.

Discussion: The City of Ukiah calls on all residents to observe Indigenous Peoples' Day by honoring the historical and contemporary significance of Indigenous communities and their governance. In recognition of Indigenous Peoples, the City Council will consider a Proclamation (Attachment 1) recognizing October 14, 2024, as Indigenous Peoples' Day in the City of Ukiah.

Recommended Action: The Ukiah City Council will issue a proclamation recognizing October 14, 2024, as Indigenous Peoples' Day in the City of Ukiah.

BUDGET AMENDMENT REQUIRED:

CURRENT BUDGET AMOUNT:

PROPOSED BUDGET AMOUNT:

FINANCING SOURCE:

PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH:

DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve.

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

Encouraging All Residents to Recognize and Celebrate
“Indigenous Peoples’ Day” in the City of Ukiah
Whereas, the Ukiah City Council declared the second Monday in October as Indigenous Peoples' Day in 2021, recognizing the history, culture, and contributions of Native Americans and Indigenous communities; and
Whereas, Indigenous Peoples' Day is celebrated across the Nation to honor the rich cultural heritage and contributions of Native Americans, Alaska Natives, Native Hawaiians, and other Indigenous Peoples to the United States; and Whereas, Mendocino County is home to 12 federally recognized Tribes and two non-federally recognized Tribes, whose citizens contribute to the cultural, social, and economic vitality of our region; and
Whereas, despite historic policies of forced removal, assimilation, and termination, Indigenous communities in Mendocino County have restored their tribal governments and continue to thrive through self-determination; and
Whereas, Indigenous Peoples have made lasting contributions in fields such as environmental stewardship, governance, the arts, education, and military service, enriching both local communities and the nation as a whole; and Whereas, Indigenous Peoples have served in the U.S. Armed Forces at one of the highest rates of any group, demonstrating their enduring commitment to protecting the freedoms of this Nation; and
Whereas, the City of Ukiah is committed to working cooperatively with Tribal governments to ensure essential services for all who live, work, and visit our community.

Now, Therefore, the Ukiah City Council encourages all residents to recognize and celebrate the contributions of Indigenous Peoples, both locally and nationally, on this Indigenous Peoples' Day.

Signed and sealed, this 2nd day of October in the
Year Two Thousand and Twenty-Four.
____________________________
Josefina Dueñas, Mayor
Attachment 1

AGENDA ITEM 6a

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting

CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/87395356652 Ukiah, CA 95482
September 18, 2024
5:15 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on September 18, 2024, having been legally noticed on September 13, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/87395356652. Mayor Dueñas called the meeting to order at 5:17 p.m.

Roll was taken with the following Councilmembers Present: Mari Rodin (arriving at 5:41 p.m.), Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Araceli Sandoval, Acting Clerk.

MAYOR DUEÑAS PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager Sage Sangiacomo.

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Receive Presentation of Exceptional Employee Recognition Awards.

Presenters: Sage Sangiacomo, City Manager; Andrew Snyder, Police Sergeant; Dan Buffalo, Finance Director; Craig Schlatter, Community Development Director; and Mayor Dueñas.

The Employee Recognition Awards were received by:

Adam Elledge, Police Officer, Police Department: Officer Elledge has been serving the Ukiah community as a Police Officer for over seven years and is an integral part of his Department. For the last four years, Officer Elledge has been in a Detective role and has worked tirelessly to investigate and ensure the successful prosecution of suspects involved in a wide range of crimes. Some notable cases include the arrest and conviction of persons for homicide, shootings, violent assault, crimes against children, and burglary, among many others.

Officer Elledge has volunteered many times during his career to take on additional responsibilities, including becoming a Field Training Officer and Firearms Instructor. As a Field Training Officer, he has invested a great deal of effort in ensuring that our new Officers receive the knowledge and skills necessary to serve our community safely and to the best of their ability. This assignment is crucial in securing the future success of our agency, and in turn quality service for our community.

Officer Elledge regularly seeks to innovate and enhance the services that we provide. Recently, he

City Council Minutes for September 18, 2024, Continued:

successfully developed and aided in the implementation of a less lethal force option program. This will add another tool to help us take dangerous subjects into custody with a lower risk of serious injury or death.

Tommy Kita, Utility Services Team Leader, Finance Department: Tommy exemplifies compassion and dedication in his service to the City of Ukiah. In June, while on his route, Tommy encountered an elderly homeowner facing electrical issues that impacted essential functions in his home. Although the problem wasn't on the City's end, and the homeowner couldn't afford an electrician, Tommy didn’t stop there. He explored various City's programs, and even when they weren’t applicable, found a USDA-funded solution. Tommy personally delivered the necessary application materials to the resident, ensuring he had the support he needed. Tommy's commitment truly goes above and beyond his regular duties.

Jim Robbins, Housing and Grants Manager, Community Development Department: For the last approximately 27 months, Jim has led the development and conceptualization of the City's Broadband Project. Although tangentially related to grants, Jim had no prior technical knowledge or skills in this area. Jim took the initiative to develop an application for construction of a Citywide public broadband enterprise from just an idea into a full concept and design, and submitted this project to the CPUC for funding. Due to Jim's efforts, on August 8th, we learned the City had been awarded $5.6 million for Phase 1 of a fiber-optic network. Jim saw a need and innovated/managed multiple parties and people to make what was once a dream into a reality.

Lauren Ruffin, Payroll Administrator, City Manager's Office and Human Resources/Payroll/Risk Management Department: Since joining us as the City’s Payroll Administrator in September 2022, Lauren has worked tirelessly to enhance our payroll processes and systems. The diverse mix of workforce functions and full-time, part-time, and seasonal positions presents unique complexities, which Lauren navigates with expertise and skill. She adeptly manages the challenges posed by multiple bargaining unit agreements, ever-changing State and Federal laws, and CalPERs regulations. Her dedication to modernizing processes while ensuring accuracy and compliance exemplifies our core values. Lauren consistently goes above and beyond, demonstrating exceptional professionalism, service, and dedication.
b. Swearing in New Ukiah Police Officer Michael Jensen.

Presenter: Cedric Crook, Police Chief.

Police Chief, Cedric Crook, swore in the new Ukiah Police Officer, Michael Jensen.

Councilmember Rodin arrived at 5:41 P.M.

Recess 5:37 – 5:43 P.M.

5. PETITIONS AND COMMUNICATIONS
Acting Clerk, Araceli Sandoval, stated that no communications had been received.

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the September 4, 2024, Regular Meeting.

Motion/Second: Orozco/Crane to approve Minutes of September 4, 2024, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

City Council Minutes for September 18, 2024, Continued:

7. RIGHT TO APPEAL DECISION
Mayor Duenas read the rights to appeal.

8. CONSENT CALENDAR
a. Approve the Emergency Dispatch Services Contract (2425-112) between the Cities of Ukiah and Fort Bragg and Authorize the City Manager to Make any Necessary, Non-substantive Adjustments to the Agreement as Needed, to Ensure its Successful Implementation - Police. b. Approval of Contact Amendment #2 (2223-108-A2) in the Amount of $12,000 with Whitchurch Engineering for Additional Design Services for Tenant Improvements and Fire Damage Pertaining to the New Electric Service Center Located at 1350 Hastings Road, and Approval of Corresponding Budget Amendment – Electric Utility.
c. Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates - Finance. – Pulled by Councilmember Sher and placed as agenda item 14e. d. Review Landfill Closure Financial Plan Update and Authorize the Filing of the Update - Finance. e. Adoption of an Ordinance Amending the Official Zoning Map and General Plan Land Use Map of the City of Ukiah by Establishing the Community Commercial (C1) Zoning District and Community Commercial (CC) Land Use Designation at 195 Low Gap Road (APN 002-080-39) – Community Development.

ORDINANCE NO.1245

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL AMENDING THE OFFICIAL

ZONING MAP AND GENERAL PLAN LAND USE MAP BY ESTABLISHING THE COMMUNITY COMMERCIAL (C1) ZONING DISTRICT AND COMMUNITY COMMERCIAL (CC) LAND USE DESIGNATION AT 195 LOW GAP ROAD (APN 002-080-39).
f. Adoption of Ordinance Establishing Procedures for Adopting and Imposing Development Mitigation Fees on Behalf of the Ukiah Valley Fire District - Fire.

ORDINANCE NO. 1246

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING AND IMPLEMENTING A FIRE DISTRICT DEVELOPMENT MITIGATION FEE. g. Adoption of an Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property – City Attorney’s Office.

ORDINANCE NO.1247
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 11, DIVISION 3 OF THE CITY CODE TO REQUIRE THE MANAGER OF A PRIVATE,

COMMERCIALLY-ZONED PROPERTY TO ABATE NUISANCE CONDITIONS ON THE PROPERTY.
h. Consider Giving Authorization of $200,000 Interfund Loan from General Fund to Golf Enterprise Fund for Recycled Water Project Phase 4, and Approve Corresponding Budget Amendments - Administration.

City Council Minutes for September 18, 2024, Continued:

Motion/Second: Crane/Sher to approve Consent Calendar Items 8a, 8b and 8d-8h, as submitted.

Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.

NOES: None. ABSENT: None. ABSTAIN: None.

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public comment was received out of order following Agenda Item 13a.

10. COUNCIL REPORTS
Presenters: Councilmembers Orozco and Sher.

11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
 Construction Update – Tim Eriksen, Public Works Director / City Engineer.  Department of Forestry and Fire Protection Grant Application Award – Blake Adams, Chief Resiliency Officer.

12. PUBLIC HEARINGS (6:15 PM)

13. UNFINISHED BUSINESS
a. Receive Report Regarding FEMA's Response and Updated FEMA Floodplain Maps to the City of Ukiah's March 2023 Appeal; Authorize the City Manager to Develop and Submit a Second Appeal; and Take Any Other Action Deemed Necessary.

Presenters: Tim Eriksen, Public Works Director/City Engineer and Craig Schlatter, Community Development Director.

Motion/Second: Crane/Rodin to authorize the City Manager to develop and submit a second appeal to FEMA and support the option of pursuing the creation of maps used to determine the 100-year floodplain. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS, Continued
Public Comment: (unidentified representative of Mendo Matters) – Fort Bragg care response unit model.

14. NEW BUSINESS
a. Receive Report of the Completed Local Road Safety/Action Plan Completed by the Consultant TJKM.

Presenters: Tim Eriksen, Public Works Director/City Engineer; Jason Benson, Senior Engineer; and Ruta Jariwala, TJKM Consultant.

A PowerPoint presentation was given.

Motion/Second: Crane/Sher to adopt the report/study of the completed local road safety/action plan completed by TJKM, as presented. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. b. Receive Presentation Regarding City of Ukiah Housing Trust Fund 2024 Notice of Funding Availability Process; Authorize City Manager to Negotiate and Execute an Exclusive Negotiating Agreement with PEP Housing; and Approve Corresponding Budget Amendments.

City Council Minutes for September 18, 2024, Continued:

Presenter: Jim Robbins, Housing and Grants Manager.

Staff Comment: Craig Schlatter, Community Development Director.

Motion/Second: Rodin/Crane to authorize City Manager to negotiate and execute an Exclusive Negotiating Agreement (2425-113) with PEP Housing; and Approve Corresponding Budget Amendments. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
c. Discussion and Possible Action to Determine the City’s Position on the 2024 Resolution being Considered by the League of California Cities, and Provide Corresponding Voting Instructions to the City of Ukiah’s Voting Delegate.

Presenter: Sage Sangiacomo, City Manager.

Motion by Vice Mayor Crane for the recommended action.

Motion dies for lack of a second.

Motion/Second: Sher/Rodin to direct the voting delegate to support the 2024 resolution being considered by the League of California Cities. Motion carried by the following roll call votes: AYES:

Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. d. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).

Presenters: Mayor Duenas (gave report under 14c) and Councilmember Sher.

Reports were received.
e. Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates – From Consent Calendar Item 8c.

Presenters: Tim Eriksen, Public Works Director/City Engineer; Sage Sangiacomo, City Manager; and Dan Buffalo, Finance Director.

Public Comment: Gabriel Baca Meza.

Motion/Second: Rodin/Crane to confirm the determination of the City Manager of compliance with the provisions of the agreements between the City of Ukiah and Ukiah Waste Solutions, Inc. and Solid Waste Systems, Inc. regarding the company's notice of intent to adjust curbside collection and transfer station rates. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: Sher.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:55 P.M.

15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 cases)

City Council Minutes for September 18, 2024, Continued:

b. Conference with Legal Council - Anticipated Litigation Government Code Section 54956.9(d)(2)
Significant exposure to litigation (1 case)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment
g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment
h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No action reported; direction provided to Staff.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 9:43 p.m. ________________________________
Araceli Sandoval, Acting Clerk

Agenda Item No: 8.a.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-618

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Approving the Destruction of Outdated Records from the Finance Department and the City Manager's Office.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:

1. Resolution
Summary: The Finance Department and the City Manager's Office, along with the City Attorney's Office and the CIty Clerk, have reviewed records that have been identified as being ready for destruction. Council is being asked to approve their destruction.

Background: City of Ukiah's Records Retention Guidelines was constructed based on the State of California's recommended retention schedule and various government regulations, as well as recommendations from City departments. The Finance Department and the City Manager's Office, along with the City Attorney's Office and the City Clerk, have reviewed the Transfer Notices for 257 boxes that are due for destruction per the Guidelines, and have approved them for shredding.

Discussion: The estimated cost for shredding the 257 boxes is $1,829. The City Clerk's budget includes funds for annual records destruction and no budget amendment is necessary at this time.

Staff recommends that Council adopt the resolution (Attachment 1), authorizing the destruction of 257 boxes of outdated documents, listed as Exhibit A to the resolution.

Recommended Action: Adopt resolution authorizing the destruction of outdated documents for the Finance Department and the City Manager's Office.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: $2,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: 20012500.52100 - City Clerk Contracted Services PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dan Buffalo, Finance Director and David Rapport, City Attorney DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE

DESTRUCTION OF CERTAIN RECORDS
WHEREAS, the Finance department and the City Manager’s Office, along with the City Attorney and the City Clerk have reviewed and approved the list of records that are attached as Exhibit A, and determined that said records are no longer necessary and may at this time be destroyed.

NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council hereby approves the destruction of certain records, contained in Exhibit A of this Resolution, and authorizes the City Clerk to destroy the records.

PASSED AND ADOPTED this 2nd day of October, 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Josefina Duenas, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk
ATTACHMENT 1

FINANCE

RECORDS SCHEDULED FOR DESTRUCTION
CONTAINER SHELF LOCATION BOX # Date Rec'd Con /
Pub
Central
File # RECORD TITLE DATE RETAIN UNTIL COMMENT
1 b 33 4368 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 ME-OL 1 c 40 4369 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 PU-RE 1 d 55 00359 1/13/2020 Pub 719.13 Statistics Reports 01/01/03-12/31/17 2023 1 f 101 4370 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 KA-MENDO 1 f 102 00751 2/1/2023 Pub 704.07 Cash Receipt Edit List 11/16/21-12/30/21 2024 1 f 103 00855 2/13/2023 Con 714.11 Federal & State Reports: Payroll 1/1/17-12/31/18 2023 (sent by Devon King) 1 g 113 4371 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 WE-Z 1 h 130 00756 2/1/2023 Pub 704.07 Cash Receipt Edit List 6/1/21-11/05/21 2024 1 h 131 00757 2/1/2023 Pub 704.07 Cash Receipt Edit List 7/1/19-8/30/19 2023 1 h 132 4372 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 BL-CO 1 h 140 4373 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 ON-PU 1 h 142 00758 2/1/2023 Pub 704.07 Cash Receipt Edit List 1/1/21-4/9/21 2024 1 h 143 00759 2/1/2023 Pub 704.07 Cash Receipt Edit List 3/1/20-4/30/20 2023 1 i 145 00856 2/13/2023 Con 714.06 Deferred Compensation 1/1/17-12/31/17 2023 (sent by Devon King); Agencies 1 i 152 4374 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 A-AT 1 j 165 4375 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 SM-T 1 j 170 4376 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 AT-BA 1 j 177 4377 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 GU-J 1 j 180 4378 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 ER-GR 1 L 215 3697 1/29/2009 Con 713 Parking District & Enforcement 1/07 - 12/08 2010 Retention was originall labeld as 2+G278012; may want to look in the box before destroying
1 L 218 4379 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 Encumbrances, Uniform Allowances, ASR Copies, Davis Hammon Audit 2008- 09 1 m 246 4380 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 U-WE 1 n 247 00364 1/13/2020 Pub 719.14 Utility Receipt Stubs/Payment Coupons 01/01/12-12/31/17 2023 1 n 251 4381 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 CO-EN 1 n 262 4382 8/1/2014 Con Accounts Payable 7/09 - 6/10 2024 RE-SL 1 o 273 00114 5/28/2018 Con Utility Receipt Stubs 2/2017-6/2017 2023 was box 4766 1 o 276 00762 2/1/2023 Pub 704.07 Cash Receipt Edit List 8/1/21-9/30/21 2024 1 o 277 00763 2/1/2023 Pub 704.07 Cash Receipt Edit List 5/1/21-7/30/21 2024 1 o 278 00764 2/1/2023 Pub 704.09 Cash Receipt Stubs 7/1/19-9/6/19 2024 1 o 279 00765 2/1/2023 Pub 704.09 Cash Receipt Stubs 9/9/19-1/14/19 2024 1 p 294 4220 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 BU-CU 1 q 311 3213 Pub Recreation Binders 1995 & 2000/2001 2005 The retention on this box was originally labeled L (Life) + 4. I'm not sure what that means, so may want to look in the box before destroying 1 q 314 00779 2/1/2023 Pub 707.01 Billing, Adjustments, and Cash Registers 10/1/19-12/31/19 2024 1 q 324 00781 2/1/2023 Pub 704.07 Cash Receipt Edit List 9/1/19-10/31/19 2024 1 q 328 00782 2/1/2023 Pub 719.04 Applications 1/1/19-12/31/20 2023 1 q 330 4722 5/1/2018 Con Billing Records 4/2016-10/2017 2023 UVSD 1 t 377 00784 2/1/2023 Pub 719.06 Billing - Records / Edits 7/1/21-6/30/21 2024 Routes 10-170 1 u 397 00785 2/1/2023 Pub 719.06 Billing - Records / Edits 7/1/21-6/30/21 2024 Routes 280-710 1 u 400 4231 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 UN-Z 1 u 407 00786 2/1/2023 Pub 719.06 Billing - Records / Edits 7/1/21-6/30/21 2024 Routes 170-270 1 u 410 00787 2/1/2023 Pub 719.06 Billing - Records / Edits 7/1/21-6/30/21 2024 10 thru 160 1 u 413 4730 6/8/2018 Both 719.06 Billing - Records / Edits 1/1/16-12/31/17 2020 Rtes 17-36 1 v 420 4236 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 Encumbarances from 1998 - 2008 1 v 430 4731 5/1/2018 Con Billing Records 3/2017-5/2017 2023 1 w 437 00859 2/13/2023 Con 714.11 Federal & State Reports: Payroll 1/1/13-12/31/19 2024 (sent by Devon King) 1 y 479 00317 1/13/2020 719.03 Accounts Receivable Ledgers 01/01/09-12/31/18 2024 1 y 482 4545 12/14/2015 pub AP Documents 7/1/2011 2012 T-UK 1 bb 546 00392 1/13/2020 Con 704.09 Cash Receipt Stubs 05/01/19-06/28/19 2024 1 bb 548 00393 1/13/2020 Con 704.09 Cash Receipt Stubs 03/01/19-04/30/19 2024 1 bb 550 00394 1/13/2020 Con 704.09 Cash Receipt Stubs 01/01/19-02/28/19 2024 1 bb 553 00396 1/13/2020 Con 704.09 Cash Receipt Stubs 03/01/19-04/30/19 2024 1 bb 556 00398 1/13/2020 Con 704.09 Cash Receipt Stubs 01/02/19-02/28/19 2024 1 cc 559 207 9/3/2019 Pub 702.06 Financial Statements 1/1/85-12/31/93 2023 1 cc 563 00399 1/13/2020 Con 704.09 Cash Receipt Stubs 10/01/18-12/31/18 2023 1 cc 570 00400 1/13/2020 Con 704.09 Cash Receipt Stubs 07/02/18-09/27/18 2023 1 dd 578 00401 1/13/2020 Con 704.09 Cash Receipt Stubs 04/02/18-06/30/18 2023 1 dd 589 00210 10/2/2019 Pub 719.15 Service Orders 7/1/18-6/30/19 2023 Prop #s 14-23 1 ee 595 00212 10/1/2019 719.15 Service Orders 7/1/12-6/30/19 2023 Prop #s 24-71 1 EXHIBIT A

FINANCE

RECORDS SCHEDULED FOR DESTRUCTION
CONTAINER SHELF LOCATION BOX # Date Rec'd Con /
Pub
Central
File # RECORD TITLE DATE RETAIN UNTIL COMMENT
1 ee 597 00325 1/13/2020 719.04 Applications 01/01/86-12/31/18 2023 1 ee 598 00213 10/2/2019 Pub 719.15 Service Orders 7/1/18-6/30/19 2023 Prop #s 1-13 1 ee 601 00214 10/2/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 04/23/18-05/11/18 2023 Payment coupons 1 ee 602 00402 1/13/2020 Con 704.09 Cash Receipt Stubs 01/02/18-03/30/18 2023 1 ee 609 00215 10/2/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 03/08/18-04/09/18 2023 Payment coupons 1 ee 610 00326 1/13/2020 719.04 Applications 01/01/12-12/31/18 2023 2 a 613 4232 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 T-UK 2 a 622 00327 1/13/2020 719-05 Applications: Parking 01/01/10-12/31/19 2023 2 a 623 00219 9/26/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 01/02/18-01/31/18 2023 2 a 624 00806 2/13/2023 Pub 704.07 Cash Receipts Edit List 12/1/20-4/30/21 2024 2 a 626 00329 1/13/2020 719.06 Billing Records/Edits 03/04/19-04/02/19 2023 2 a 629 00478 Pub 719.19 UVSD/Payment Coupons 06/28/17-02/20/18 2023 2 b 636 00807 2/13/2023 Pub 704.07 Cash Receipts Edit List 9/1/20-12/31/20 2023 2 b 637 00330 1/13/2020 719.06 Billing Records/Edits 01/01/17-06/30/19 2023 2 b 640 4221 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 H-KE 2 b 642 00808 2/13/2023 Pub 704.07 Cash Receipts Edit List 3/1/21-3/31/21 2024 2 b 643 00809 2/13/2023 Pub 704.07 Cash Receipts Edit List 3/1/16-12/30/19 2022 2 b 644 00810 2/13/2023 Pub 704.07 Cash Receipts Edit List 5/1/20-6/30/20 2023 2 b 646 00811 2/13/2023 Pub 704.07 Cash Receipts Edit List 7/1/20-8/31/20 2023 2 b 647 00812 2/13/2023 Pub 704.07 Cash Receipts Edit List 1/1/20-2/28/20 2023 2 c 650 4223 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 ME-OC 2 c 652 4744 5/4/2018 Con Billing Records 2/2017-6/2017 2023 2 c 658 4224 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 Misc. from Kim's Desk 2 c 665 00331 1/13/2020 719.08 Cashier Daily Work 01/01/16-12/31/17 2023 UVSD 2 c 666 4747 5/1/2018 Con Billing Records 10/2016-1/2017 2023 2 d 671 4225 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 FE-LU 2 d 680 4226 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 SA-S 2 d 682 00817 2/13/2023 Pub 704.07 Cash Receipts Edit List 6/1/20-6/30/20 2023 2 d 683 00818 2/13/2023 Pub 704.09 Cash Receipt Stubs 11/15/19-1/27/19 2024 Cashier Daily Work Packets 2 d 684 00229 9/25/2019 Con 719.06 Billing Records/Edits 02/02/18-02/21/18 2023 2 e 686 00230 9/25/2019 Con 719.06 Billing Records/Edits 11/28/17-12/28/17 2023 2 e 688 00231 9/25/2019 Con 719.06 Billing Records/Edits 07/03/17-08/18/17 2023 2 e 689 00417 1/13/2020 Pub 705.03 Dailys (Airport) 07/01/16-12/31/19 2024 2 e 691 00232 9/25/2019 Con 719.06 Billing Records/Edits 08/25/17-10/06/17 2023 2 e 692 00233 9/25/2019 Con 719.06 Billing Records/Edits 10/12/17-11/20/17 2023 2 e 694 00234 9/25/2019 Con 719.06 Billing Records/Edits 01/05/18-01/28/18 2023 2 e 696 00235 9/25/2019 Pub 719.08 Cashier Daily Work 01/02/18-03/22/18 2023 2 e 697 00236 9/25/2019 Pub 719.08 Cashier Daily Work 08/09/18-10/09/18 2023 2 e 698 00860 2/13/2023 Con 714.08 Employee Distribution 1/1/18-12/31/18 2024 (sent by Devon King) 2 e 702 00237 9/25/2019 Pub 719.08 Cashier Daily Work 06/12/18-08/08/18 2023 2 f 704 4227 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 O-PA 2 f 706 00238 9/25/2019 Pub 719.08 Cashier Daily Work 10/10/18-12/6/18 2023 2 f 707 00239 9/25/2019 Pub 719.08 Cashier Daily Work 03/30/18-06/11/18 2023 2 f 712 00240 9/25/2019 Pub 719.08 Cashier Daily Work 05/01/18-12/25/18 2023 2 f 713 00241 9/25/2019 Pub 719.19 UVSD/Payment Coupons 03/20/18-06/28/18 2023 2 f 714 00242 9/26/2019 Pub 719.19 UVSD/Payment Coupons 11/14/18-03/22/19 2023 2 f 720 4229 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 AT&T-BO 2 g 726 00823 2/13/2023 Pub 719.04 Applications 1/1/21-12/31/21 2024 Closed Utility Applications A-Z 2 g 730 00243 9/26/2019 Pub 719.19 UVSD/Payment Coupons 07/02/18-11/13/18 2023 2 h 748 00245 9/26/2019 Pub 719.08 Cashier Daily Work 09/01/17-10/31/17 2023 2 h 750 4230 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 DE-FE 2 i 760 4222 9/24/2013 Both Accounts Payable 7/2010 - 6/2011 2023 KI-ME 2 i 761 00268 9/26/2019 Pub 719.08 Cashier Daily Work 09/01/16-10/31/16 2023 2 j 776 00830 2/13/2023 Pub 704.05 Billing Edit Lists 10/1/21-11/30/21 2024 2 j 792 00833 2/13/2023 Pub 704.05 Billing Edit Lists 7/1/21-8/30/21 2024 2 k 804 00834 2/13/2023 Pub 704.10 Deposits, Receipts, Customer Receits 7/1/19-6/30/21 2024 2 k 807 04755 Con 719.06 Utility Billing - Records/Edits 7/1/2016-6/30/2017 2020 Routes 1-16 2 m 839 00273 10/2/2019 Pub 719.08 Cashier Daily Work 07/01/16-12/30/16 2023 2 m 841 00274 10/2/2019 Pub 719.15 Service Orders 07/01/16-06/30/17 2023 Routes 1-16 2 m 844 00275 10/2/2019 Pub 719.15 Service Orders 07/01/17-06/30/18 2023 Routes 35-71 2

FINANCE

RECORDS SCHEDULED FOR DESTRUCTION
CONTAINER SHELF LOCATION BOX # Date Rec'd Con /
Pub
Central
File # RECORD TITLE DATE RETAIN UNTIL COMMENT
2 m 845 00218 10/2/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 02/01/18-03/07/18 2023 2 m 852 00122 5/21/2019 Pub 703.01 Accounts Payable/Warrants Paid 07/01/10-06/30/11 2023 2 m 854 00274 10/17/2019 Pub 719.18 UVSD/Collection and Cash Post 07/01/13-06/30/19 2023 2 n 864 00280 10/17/2019 Pub 719.09 Past Due Reports 07/01/15-06/30/19 2023 2 n 870 00278 10/17/149 Pub 719.18 UVSD/Collection and Cash Post 01/06/06-12/28/18 2023 12/4/20 Box went to Lori Martin for Review 2 o 889 4234 Pub 703.01 Accounts Payable/Warrants Paid 07/01/10-06/30/11 2023 R 2 o 891 00842 3/7/2023 Pub 716.01 Bids, RFQ's, RFP's 9/1/17-7/30/18 2024 2 o 894 00843 3/7/2023 Pub 716.01 Bids, RFQ's, RFP's 1/1/18-12/31/18 2024 2 o 897 00285 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 07/07/17-06/01/18 2023 2 q 934 00056 2/14/2019 Pub Cash Receipts Edit List 3/1/18-4/30/18 2023 2 q 938 00286 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 05/14/18-07/05/18 2023 2 q 939 00287 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 07/06/18-08/05/18 2023 2 r 941 00288 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 08/06/18-09/14/18 2023 2 r 943 00289 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 09/17/18-10/17/18 2023 2 r 944 00290 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 10/18/18-11/19/18 2023 2 r 949 00057 2/14/2019 Pub Cash Receipts Edit List 5/1/18-6/30/18 2023 2 r 952 00292 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 11/20/18-12/21/18 2023 2 r 953 00293 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 01/29/19-03/01/19 2023 2 r 954 00295 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 04/03/19-05/03/19 2023 2 r 955 00296 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 05/06/19-06/07/19 2023 2 r 957 00297 10/18/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 06/10/19-06/28/19 2023 2 s 965 00416 1/13/2020 Pub 704.15 Taxes, Receivable 01/01/16-06/30/19 2023 2 t 991 00088 5/3/2019 Pub Journals: Vouchers 9/1/17-1/31/18 2023 2 u 1016 00351 1/13/2020 719.09 Past Due Report 01/01/14-12/31/18 2023 2 u 1020 00352 1/13/2020 719.09 Past Due Report 01/01/11-12/31/18 2023 2 v 1037 00353 1/13/2020 719.09 Past Due Report 01/01/12-12/31/18 2023 2 v 1044 00081 3/18/2019 Pub Journal Vouchers 7/1/17-5/30/18 2023 39 2 w 1065 00459 1/13/2020 Pub 719.08 Cashier Daily Work 01/01/14-12/31/19 2024 2 y 1094 00862 2/13/2023 Con 714.11 Federal & State Reports: Payroll 1/1/18-12/31/19 2024 (sent by Devon King); Agencies 2 y 1095 00828 2/13/2023 Pub 704.05 Billing Edit Lists 8/1/21-9/30/21 2024 2 y 1096 00249 9/26/2019 Pub 719.08 Cashier Daily Work 11/01/16-01/04/17 2023 2 y 1097 00250 9/26/2019 Pub 719.08 Cashier Daily Work 07/01/16-08/30/16 2023 2 y 1098 00480 Pub 719.08 Cashier Daily Work 07/03/17-08/31/17 2023 2 y 1099 00252 9/26/2019 Pub 719.08 Cashier Daily Work 03/06/17-07/07/17 2023 2 y 1101 00254 9/26/2019 Pub 719.15 Service Orders 01/01/16-06/30/17 2023 Routes 17-35 2 y 1102 00255 9/26/2019 Pub 719.17 UVSD/Billing 01/01/15-03/30/17 2023 2 y 1103 00256 9/27/2019 Pub 719.08 Cashier Daily Work 11/01/17-12/28/17 2023 2 y 1105 00257 9/27/2019 Pub 719.08 Cashier Daily Work 01/01/18-02/28/18 2023 2 y 1106 00258 9/27/2019 Pub 719.15 Service Orders 07/01/16-06/30/17 2023 Routes 17-34 2 z 1108 00259 9/27/2019 Pub 719.08 Cashier Daily Work 10/02/17-10/31/17 2023 2 z 1110 00260 9/27/2019 Pub 719.08 Cashier Daily Work 12/01/17-12/28/17 2023 2 z 1113 00262 9/27/2019 Pub 719.09 Past Due Reports 07/01/17-07/30/17 2023 2 z 1114 00263 9/27/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 08/24/17-09/29/17 2023 2 z 1118 00264 9/27/2019 Pub 719.09 Past Due Reports 07/20/19-07/20/17 2023 2 z 1119 00265 9/27/2019 Pub 719.15 Service Orders 07/01/15-06/30/19 2023 Routes 1-14 2 z 1122 00266 9/27/2019 Pub 719.17 UVSD/Billing 07/01/17-12/31/18 2023 2 z 1123 00267 9/27/2019 Pub 719.14 Utility Receipt Stubs/Payment Coupons 11/01/1711/30/17 2023 2 bb 1159 00544 4/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/16-6/30/17 2023 UVFD Payables A-Z 2 bb 1162 00673 9/24/2021 Pub 703.03 Report of Disbursements 7/1/17-6/30/18 2023 2 dd 1201 00577 709.01 Billing/Customer Records 1/1/01-10/30/01 2004 2 dd 1205 00581 6/15/2021 719.18 UVSD/Collection and Cash Post 10/1/12-7/31/20 2023 2 dd 1206 00582 6/15/2021 719.18 UVSD/Collection and Cash Post 7/1/19-4/30/20 2023 2 dd 1209 00597 6/15/2021 719.06 Billing-Records/Edits 5/1/20-6/30/20 2023 2 dd 1210 00598 6/15/2021 719.06 Billing-Records/Edits 4/1/20-5/31/20 2023 2 dd 1211 00632 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 2 ee 1214 00589 6/15/2021 719.08 Deposits, Receipts, Customer Receipts 8/1/18-11/30/18 2023 2 ee 1216 00590 6/15/2021 719.08 Deposits, Receipts, Customer Receipts 11/14/19-12/19/19 2024 2 ee 1217 00591 6/15/2021 719.08 Deposits, Receipts, Customer Receipts 10/15/19-11/13/19 2024 2 ee 1218 00592 6/15/2021 719.08 Deposits, Receipts, Customer Receipts 9/10/19-10/11/19 2024 2 ee 1219 00593 6/15/2021 719.08 Deposits, Receipts, Customer Receipts 8/2/19-9/9/19 2024 3

FINANCE

RECORDS SCHEDULED FOR DESTRUCTION
CONTAINER SHELF LOCATION BOX # Date Rec'd Con /
Pub
Central
File # RECORD TITLE DATE RETAIN UNTIL COMMENT
2 ee 1220 00594 6/15/2021 719.08 Deposits, Receipts, Customer Receipts 7/1/19-8/1/19 2024 2 ee 1221 00583 6/15/2021 719.13 Statistics Reports 6/30/18-8/30/19 2024 2 ee 1222 00584 6/15/2021 719.08 Deposits, Receipts, Customer Receipts 7/1/19-12/31/19 2024 2 ee 1223 00585 6/15/2021 719.08 Deposits, Receipts, Customer Receipts 1/1/19-5/31/19 2024 2 ee 1225 00587 6/15/2021 719.08 Deposits, Receipts, Customer Receipts 7/1/19-12/31/19 2024 2 ee 1226 00633 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 AR-BSN 2 ee 1228 00605 6/15/2021 719.05 Service Orders 7/1/19-6/30/20 2024 28-71 2 ee 1229 00606 6/15/2021 719.05 Service Orders 7/1/19-6/30/20 2024 15-27 2 ee 1230 00631 6/15/2021 719.05 Service Orders 7/1/19-6/30/20 2024 28-71 2 ee 1231 00608 6/15/2021 719.06 Billing-Records/Edits 10/1/19-11/14/19 2024 11-20 2 ee 1232 00609 6/15/2021 719.06 Billing-Records/Edits 8/20/19-9/1/19 2024 21-41 2 ee 1233 00610 6/15/2021 719.06 Billing-Records/Edits 7/1/19-8/13/19 2024 11-20 2 ff 1234 00611 6/15/2021 719.06 Billing-Records/Edits 1/1/20-2/28/20 2024 1-20 2 ff 1235 00612 6/15/2021 719.06 Billing-Records/Edits 2/1/20-3/31/20 2024 21-41/71 2 ff 1236 00613 6/15/2021 719.06 Billing-Records/Edits 5/7/19-5/23/19 2024 1-41/71 2 ff 1237 00614 6/15/2021 719.06 Billing-Records/Edits 6/4/19-6/25/19 2024 1-41/71 2 ff 1238 00615 6/15/2021 719.06 Billing-Records/Edits 11/5/18-12/12/18 2024 1-41/71; 1-20 2 ff 1239 00616 6/15/2021 719.06 Billing-Records/Edits 12/19/18-1/28/19 2024 21-41/71; 1-41/71 2 ff 1240 00617 6/15/2021 719.06 Billing-Records/Edits 3/19/19-4/23/19 2024 21-41/71; 1-41/71 2 ff 1241 00618 6/15/2021 719.06 Billing-Records/Edits 9/11/18-10/25/18 2024 11-20; 1-41/71 2 ff 1244 00634 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 BU - CL 2 ff 1245 00635 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 CO - DZ 2 ff 1246 00623 6/15/2021 719.09 Past Due Reports 7/1/19-3/30/20 2023 2 ff 1250 00627 6/15/2021 719.15 Service Orders 7/1/19-6/30/20 2023 1-14 2 ff 1253 00636 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 E-FZ 2 ff 1254 00637 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 G-GZ 2 gg 1255 00638 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 H-KZ 2 gg 1256 00639 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 L-MZ 2 gg 1257 00640 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 N-OZ 2 gg 1258 00641 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 P-PMI 2 gg 1259 00642 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 PO-Redding 2 gg 1260 00644 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 S-Star 2 gg 1261 00645 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 State-TZ 2 gg 1262 00646 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 U-UZ 2 gg 1263 00647 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 V-Z 2 gg 1264 00648 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 A-K 2 gg 1265 00649 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 Employee L_Z 2 gg 1266 00643 7/23/2021 Pub 703.01 Accounts Payable/Warrants Paid 7/1/17-6/30/18 2024 Redwood-RZ 2 hh 1293 00707 5/23/2022 Pub 719.06 Billing - Records / Edits 12/1/20-2/28/21 2024 BILLING CHECKLIST - 2/2021 21-30 & 31-71; 12/2020 ALL ROUTES 2 hh 1295 00708 5/23/2022 Pub 719.06 Billing - Records / Edits 5/1/20-7/31/20 2023 BILLING CHECKLIST - 72020 1-10 & 11-20 05/01/20 ALL ROUTES 2 hh 1296 00709 5/23/2022 Pub 719.06 Billing - Records / Edits 1/1/21-2/28/21 2024 BILLING CHECKLIST - 01/01/21 ALL ROUTES 2/2021 1-10 & 11-20 2 ii 1298 00711 5/23/2022 Pub 719.06 Billing - Records / Edits 3/1/21-4/30/21 2024 BILLING CHECKLIST - 04/01/21 ALL ROUTES 03/01/21 1-10 & 21-30 2 ii 1299 00712 5/23/2022 Pub 719.06 Billing - Records / Edits 3/1/21-6/30/21 2024 BILLING CHECKLIST - 06/01/21 ALL ROUTES 03/01/21 1-10 & 11-20 & 31-71 2 ii 1300 00713 5/23/2022 Pub 719.06 Billing - Records / Edits 7/1/21-8/31/21 2024 BILLING CHECKLIST - 08/01/20 ALL ROUTES 07/01/21 21-30 & 31-71 2 ii 1301 00714 5/23/2022 Pub 719.06 Billing - Records / Edits 9/1/20-10/31/20 2023 BILLING CHECKLIST - 09/01/20 ALL ROUTES 10/01/20 21-30 & 31-71 2 ii 1302 00715 5/23/2022 Pub 719.06 Billing - Records / Edits 10/1/20-11/30/20 2023 BILLING CHECKLIST - 11/01/20 ALL ROUTES 10/01/20 1-10 & 11-20 2 ii 1305 00716 6/14/2022 Pub 704.14 Miscellaneous Billings 5/1/20-3/1/21 2024 General Billing 2 ii 1306 00717 6/14/2022 Pub 704.14 Miscellaneous Billings 7/1/19-1/1/20 2023 General Billing 2 ii 1308 00719 6/14/2022 Pub 704.14 Miscellaneous Billings 2/1/20-6/1/21 2024 General Billing 2 jj 1324 00739 7/8/2022 Pub 703.03 Report of Disbursements 7/1/18-6/30/19 2024 Jul 18 - Jul 19 2 LL 1356 00959 7/12/2024 Pub 703.3 Report of Disbursements 7/1/2019-6/30/2020 2024 4

CITY MANAGER'S OFFICE

RECORDS SCHEDULED FOR DESTRUCTION
CONTAINER SHELF LOCATION BOX # Central
File # RECORD TITLE DATE RETAIN UNTIL USER/SENDER DEPARTMENT COMMENT 1 a 14 1062 Miscellaneous Files 1979 - 1983 2018 Stamelos City Manager Jane Chambers, City Manager, reviewed file and
determined to keep a while longer for historical
purposes
1 b 34 00746 101.01 General Subject Files 1/1/97-12/31/00 2004 Kristine Lawler City Manager CM Working Files from 1990s; DCM approved for destruction
1 e 78 00747 101.01 General Subject Files 1/1/97-12/31/03 2007 Kristine Lawler City Manager CM Working Files from 1990s; DCM approved for destruction
1 e 81 00748 101.01 General Subject Files 1/1/92-12/31/02 2006 Kristine Lawler City Manager CM Working Files from 1990s; DCM approved for destruction
1 g 121 4793 Acquisition/Appraisal/Disposition 2007-2013 2022 Maya Simerson City Manager Airport Prk. Blvd. Prop Info 1 h 127 4794 Acquisition/Appraisal/Disposition 2008-2011 2021 Maya Simerson City Manager Trinitiy School Prop Assessment 1 i 157 3671 Budget Amendments FY 04/05 - 06/07, Copy
of 06/07 budget and draft 06/07 budget 7/04 - 6/07 2018 Goodrick City Manager 1 s 358 4399 General Subject Files 2005-2011 2018 Kristine Lawler City Manager 1 t 381 4402 General Subject Files 2008-2015 2018 Kristine Lawler City Manager Jane Chambers, City Manager Working Files 1 t 392 4403 General Subject Files 2008-2015 2018 Kristine Lawler City Manager Jane Chambers, City Manager Working Files HOT TOPICS; Old Invoices
1 u 395 4404 General Subject Files 2008-2015 2018 Kristine Lawler City Manager Jane Chambers, City Manager Working Files 1 u 399 4405 General Subject Files 2008-2015 2018 Kristine Lawler City Manager Jane Chambers, City Manager Working Files 1 v 415 4406 General Subject Files 2008-2015 2018 Kristine Lawler City Manager Jane Chambers, City Manager Working Files 1 w 436 00315 101.01 General Subject Files 1/1/2008-12/31/2019 2023 Kristine Lawler City Manager 1 w 456 2240 Confidential Airport Files 1/74 - 1/98 2018 Yoast City Manager 1 x 457 2239 Confidential Division of Highways Files 1/87 - 1/97 2018 Yoast City Manager 2 f 708 4325 General Subject Files 2002-2013 2018 Kristine Lawler City Manager Linda Brown's Files 2 i 763 2236 Airport 1/68 - 1/98 2018 Yoast City Manager 2 i 764 2237 Claims for Damage 1984 - 1989 2018 Yoast City Manager 2 j 778 2254 Confidential Various Files 101-01 to 102-05 1994 - 1999 2018 Yoast City Manager 2 j 779 2255 Confidential Various Files 301-02 to 405-02 1994 - 1999 2018 Yoast City Manager 2 j 781 2257 Confidential Liability Insurance Forms 1996 - 1999 2018 Yee City Manager 2 L 827 2303 Confidential Various Files 1979 - 1993 2018 Yoast City Manager 2 L 828 2304 Confidential UVCC Files pre 2007 2018 Yoast City Manager 2 L 829 2305 Confidential Various Files 1990 - 1997 2018 Yoast City Manager 2 bb 1170 00677 101.01 General Subject Files 1/1/90-12/31/99 2003 Kristine Lawler City Manager City Manager working files from the 1990s; Candace Horsley era; DCM determined ready for destruction
2 cc 1171 00676 101.01 General Subject Files 1/1/90-12/31/06 2009 Kristine Lawler City Manager 1990 CM Working Files 2 cc 1173 00678 101.01 General Subject Files 1/1/90-12/31-05 2008 Kristine Lawler City Manager City Manager working files from the 1990s; Candace Horsley era; DCM determined ready for destruction

Agenda Item No: 8.b.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-620

AGENDA SUMMARY REPORT
SUBJECT: Approve Budget Amendment in the Amount of $140,000 for the Fire Department Operating Fund (105).

DEPARTMENT: Finance PREPARED BY: Olga Keough, Controller PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:

1. ASR-8J 07.17.2024 FIRE
Summary: Council will consider approving a budget amendment in the amount of $140,000 for the Fire Department Operating Fund (105).

Background: On July 17, 2024, Council approved Agenda Summary Report No 2024-366 (Attachment 1) to authorize the City Manager to renew an agreement with Pano AI, and a corresponding budget amendment, for the continued operation of four wildfire detection cameras. However, the corresponding budget amendment listed in the ASR had an error. The current budget amount in account number 10521210.52100 was listed as $140,000. However, the budget amount of $140,000, originally placed in the FY2025 budget, was cut during the final budget review and did not make it to the FY2025 budget.

Discussion: To correct the budget error, staff is requesting Council to approve a budget amendment in the amount of $140,000 for the Fire Department Operating Fund.

Recommended Action: Approve a budget amendment in the amount of $140,000 for the Fire Department Operating Fund.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10521210.52100: $-70,000 (after transfer to 80026400.52100) PROPOSED BUDGET AMOUNT: 10521210.52100: $70,000
FINANCING SOURCE: General Fund/Fire District
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dan Buffalo, Finance Director
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

Agenda Item No: 8.j.

MEETING DATE/TIME: 7/17/2024
ITEM NO: 2024-366

AGENDA SUMMARY REPORT
SUBJECT: Authorization for City Manager to Renew an Agreement with Pano AI in the Amount of $140,000 for the Continued Operation of Four Wildfire Camera Sites and Corresponding Budget Amendments.

DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:

1. Pano AI Agreement
Summary: Council will consider authorizing the City Manager to renew an agreement with Pano AI, and a corresponding budget amendment, for the continued operation of four (4) wildfire detection cameras.

Background: Ukiah Valley Fire Authority staff had previously researched ways to improve early wildfire detection and alerting, particularly in areas that pose a high threat to populated areas. Staff looked at various camera and detector options on the market and recommended partnering with Pano AI for their innovative solution. Four Pano AI stations were approved last year and have been providing enhanced fire monitoring in the Greater Ukiah Valley and extending beyond to adjacent wildland areas.

Discussion: There are several cameras currently in operation in and around Ukiah, mostly owned and operated by Pacific Gas and Electric (PG&E). These cameras are linked to a network called ALERT California and can be viewed online. Some outside agencies, such as CAL Fire, have the ability to maneuver the cameras as needed when an incident is reported. The drawback to this system, however, is that someone has to move the cameras (remotely); otherwise, they are pointed in a static direction. They also do not alert anyone when something is seen.

Pano AI's solution is more advanced. Each site actually has two (2) cameras that continuously scan 360 degrees every minute. The feed from those cameras goes back to the monitoring center, which is staffed 24/7, and is analyzed using Pano AI's artificial intelligence algorithm to recognize and spot smoke. If the algorithm detects what it thinks is smoke, personnel in the monitoring center are notified for concurrence. This allows for vetting of things such as controlled burns, or industrial processes before an alert is issued to responders. Additionally, the system can be configured to notify local personnel, so they can also vet the detection. Once the detection is confirmed, the appropriate dispatch centers are notified to initiate a response.

The use of two (2) cameras per site allows one camera to be focused/zoomed in on detections, while the other camera remains scanning 360 degrees every minute. Having multiple sites monitoring an area allows for rapid triangulation of the detection, with GPS coordinates provided to the appropriate dispatch centers and responders. This can drastically reduce response times by giving an accurate location versus a general area.

Since the cameras were installed, they have alerted personnel to several incidents in our area. Most recently, we were alerted simultaneously by Pano and our dispatch center to a fire in the Vichy Springs area, and the most northern camera alerted on a fire in the Brooktrails area.

Budget Adjustment
Attachment 1

The funding for the continued operation of the four wildfire detection camera sites will be allocated as follows:

1. Electric Utility Fund:
- 50% of the total cost, amounting to $70,000, will be covered by the Electric Utility Fund.

2. General Fund:
- 25% of the remaining cost, amounting to $35,000, will be covered by the City's General Fund using current revenues.

3. Ukiah Valley Fire Protection District (UVFD):
- The remaining 25% of the cost, amounting to $35,000, will be covered by the Ukiah Valley Fire Protection District (UVFD) using current revenues.

General fund and UVFD amounts will be budgeted and accounted for in the shared operating fund (105).

These allocations ensure a fair distribution of costs among the involved entities while leveraging existing funds to support the ongoing wildfire detection efforts and an extra layer of coverage/protection for the City's Electric Utility.

The Pano AI solution is already in use in many areas of California, including Sonoma County and the Pacific Northwest. It is an innovative, cost-effective solution that will provide for rapid detection and response to new fire starts and improve the safety of our community.

The expiring agreement is included as Attachment #1. Staff requests authorization for the City Manager to renew the agreement for continued operations for another year.

Recommended Action: Authorize City Manager to renew an agreement with Pano AI in the amount of $140,000 for continued operation of four (4) wildfire detection camera sites and the corresponding budget amendments.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10521210.52100: $140,000
PROPOSED BUDGET AMOUNT: 10521210.52100: $70,000; 80026400.52100: $70,000.00 FINANCING SOURCE: General Fund/Fire District
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI):
10a – Protect from dangerous emission by preventing fires.

GENERAL PLAN ELEMENTS (GP):GP-A6 - Safety Element

Agenda Item No: 8.c.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-627

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption a Resolution Approving Amendments to the Current Memoranda of Understanding Between the City of Ukiah and Department Head and Management Bargaining Units.

DEPARTMENT: Human Resources /
Risk Management PREPARED BY: Sheri Mannion, H.R. Director/Risk Manager PRESENTER: Consent Calendar
ATTACHMENTS:

1. Resolution to Amend Department Head and Management Unit MOUs 2022-2025 Summary: Council is being asked to consider adopting a Resolution approving amendments to the current Memoranda of Understanding (MOU) between the City of Ukiah and Department Head and Management bargaining units.

Background: As part of the overall routine maintenance of the classification and compensation schedules for the City of Ukiah, the Human Resources Department is responsible for evaluating classifications, developing new classifications (including appropriate salary levels), examining salary grade adjustments, and making recommendations for additions, modifications, and/or corrections to classifications and Memoranda of Understanding.

The current Memoranda of Understanding (MOU) between the City of Ukiah and Department Head and Management Units is in effect until September 18, 2025. During a recent audit of both MOUs, in preparation for the upcoming scheduled salary increases, Staff discovered a discrepancy with the intended MOU language.

Discussion: During the 2022 negotiation cycle with all bargaining units, the City and representatives from Department Head and Management Units met and conferred over various MOU provisions, including salary increases over the course of three years. In year three of the MOU, the parties agreed to a 3% salary increase based upon meeting a local economic benchmark, otherwise the salary increase would revert to the San Francisco-Oakland-Hayward Consumer Price Index (CPI) figures for April 2024, but would not be greater than the intended benchmark salary increase.

The Finance Department completed its analysis of the local economic benchmark, consisting of total revenue collected for property tax, sales tax and transient occupancy tax, and found that revenues fell slightly below the combined total for the audited Fiscal Year of 2022/2023. Due to revenues falling below the benchmark, the salary increases revert to the CPI provision included in all MOUs. The CPI for San Francisco-OaklandHayward in April 2024 is 3.8%.

When Staff began to prepare for the 2024 salary increases, it was noticed that the intended percentage increase when reverting to CPI was not correct in the Department Head and Management Unit MOUs. The intended percentage increase was to be 3%, the same percentage as the benchmark percentage increase, not 2%. Therefore, Staff proposes the following minor changes to both the Department Head and Management Unit MOU Salary provisions:

Year 3: Effective the first full pay period following September 19, 2024, all classifications will receive a 3% salary increase to base salary, unless the local economic benchmark –consisting of total revenue collected for property tax, sales tax and transient occupancy tax– falls below the combined total for the past audited Fiscal Year of 2022/2023. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF-Oakland-Hayward figures for April, to a maximum of 2% 3%. In no case shall this result in a decrease in compensation.

Funding for all salary increases is included in the Fiscal Year 2024/2024 budget.

Staff recommends that Council adopt the Resolution (Attachment 1) approving the Amendments and associated salary schedules (Attachment 1 - Exhibits A & B) for Department Head and Management Units MOUs, and authorize the City Manager to execute on behalf of the City.

Recommended Action: Adopt Resolution approving amendments to the current Memoranda of Understanding (MOU) between the City of Ukiah and Department Head and Management bargaining units.

BUDGET AMENDMENT REQUIRED: None; all FY 2024/2025 salary increases were included in the budget adoption.

CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Multiple funding sources.

PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A

RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING AN

AMENDMENT TO THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF

UKIAH AND DEPARTMENT HEAD AND MANAGEMENT BARGAINING UNITS WHEREAS, the Employee/Employer Relations Officer and Human Resources Director met and conferred in good faith with representatives of the Department Head and Management bargaining units, and
WHEREAS, the amendment to the Memoranda of Understanding for the term of July 10, 2022 through September 18, 2025 have been arrived at and agreed to by the parties; and WHEREAS, said amendment of Memoranda of Understanding have been presented to the City Council for its consideration.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that:

1. Amendments to the MOUs with Department Head and Management Units are hereby approved, a copy of said amendments entitled “Amendment to the MOU between the City of Ukiah and Department Head Unit” and “Amendment to the MOU between the City of Ukiah and Management Unit”, along with coinciding Salary Schedules are attached hereto, marked Exhibits A & B, and incorporated herein by reference.

2. The Resolution shall become effective October 2, 2024.

PASSED AND ADOPTED this 2nd day of October 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Josefina Dueñas, Mayor
ATTEST:
________________________________
Kristine Lawler, City Clerk
ATTACHMENT 1

AMENDMENT TO THE
2022-2025 MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF UKIAH AND DEPARTMENT HEAD UNIT

PREAMBLE
The Amendment to the Memorandum of Understanding (MOU) on wages, hours, and working conditions is entered into between the City of Ukiah and the Department Head Unit, collectively referred to as “Parties”.

On October 5, 2022, the City Council approved Resolution 2022-67 approving July 10, 2022, to September 18, 2025, MOU between the parties.

This amendment is to make a minor correction to the intended CPI language in Year 3 of the MOU. The CPI percentage was intended to match the 3% benchmark salary increase.

AMENDED SECTION RELATED TO SALARY
Year 3: Effective the first full pay period following September 19, 2024, all classifications will receive a 3% salary increase to base salary, unless the local economic benchmark –consisting of total revenue collected for property tax, sales tax and transient occupancy tax– falls below the combined total for the past audited Fiscal Year of 2022/2023. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF-Oakland-Hayward figures for April, to a maximum of 3%. In no case shall this result in a decrease in compensation.

WHEREFORE, this amendment to the 2022-2025 Memorandum of Understanding is ratified and adopted pursuant to the recommendation of the following representatives on this 2nd day of October 2024 and will be incorporated into the 2022-2025 MOU. All terms and conditions set forth in the MOU, which are not specifically modified by this Amendment, shall remain in full force and effect.

APPROVALS

CITY OF UKIAH DEPARTMENT HEAD UNIT
___________________________________ _________________________________________ Sage Sangiacomo, City Manager Tim Eriksen, Director of Public Works/City Engineer Exhibit A

Department Head Unit
Salary Schedule
Effective 9/29/2024
Grade Classification Step 0 Step 1 Step 2 Step 3 Step 4 1000 City Manager Annual $ 266,217.47
Monthly $ 22,184.79
Hourly $ 127.99
1520 Electric Utility Director Annual $ 199,107.12 $ 209,062.44 $ 219,515.52 $ 230,491.32 $ 242,015.88 Monthly $ 16,592.26 $ 17,421.87 $ 18,292.96 $ 19,207.61 $ 20,167.99 Hourly $ 95.72 $ 100.51 $ 105.54 $ 110.81 $ 116.35
1526 Public Works Director/City Engineer Annual $ 180,810.86 $ 189,851.40 $ 199,344.00 $ 209,311.20 $ 219,776.76 1550 Community Development Director Monthly $ 15,067.57 $ 15,820.95 $ 16,612.00 $ 17,442.60 $ 18,314.73 1560 Community Services Director Hourly $ 86.93 $ 91.27 $ 95.84 $ 100.63 $ 105.66 1540 Deputy City Manager
1567 Finance Director
1568 Human Resources/Risk Management Director
1566 Water Resources Director
1571 Fire Chief
10/2/2024 Council Approved
Exhibit A

AMENDMENT OF THE
2022-2025 MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF UKIAH AND MANAGEMENT UNIT

PREAMBLE
The Amendment to the Memorandum of Understanding (MOU) on wages, hours, and working conditions is entered into between the City of Ukiah and the Management Unit, collectively referred to as “Parties”.

On September 21, 2022, the City Council approved Resolution 2022-65 approving July 10, 2022, to September 18, 2025, MOU between the parties.

This amendment is to make a minor correction to the intended CPI language in Year 3 of the MOU. The CPI percentage was intended to match the 3% benchmark salary increase.

AMENDED SECTION RELATED TO SALARY
Year 3: Effective the first full pay period following September 19, 2024, all classifications will receive a 3% salary increase to base salary, unless the local economic benchmark – consisting of total revenue collected for property tax, sales tax and transient occupancy tax – falls below the combined total for the past audited Fiscal Year of 2022/2023. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF-Oakland-Hayward figures for April, to a maximum of 3%. In no case shall this result in a decrease in compensation.

WHEREFORE, this amendment to the 2022-2025 Memorandum of Understanding is ratified and adopted pursuant to the recommendation of the following representatives on this 2nd day of October 2024 and will be incorporated into the 2022-2025 MOU. All terms and conditions set forth in the MOU, which are not specifically modified by this Amendment, shall remain in full force and effect.

APPROVALS

CITY OF UKIAH MANAGEMENT UNIT
___________________________________ _________________________________________ Sage Sangiacomo, City Manager David Kirch, Plant & Facilities Maintenance Manager Exhibit B

Management Unit
Salary Schedule
Effective September 29, 2024
Grade Classification Step 0 Step 1 Step 2 Step 3 Step 4 2570 Assistant Electric Utility Director Annual $ 181,006.51 $ 190,056.84 $ 199,559.64 $ 209,537.64 $ 220,014.48 Monthly $ 15,083.88 $ 15,838.07 $ 16,629.97 $ 17,461.47 $ 18,334.54 Hourly $ 87.02 $ 91.37 $ 95.94 $ 100.74 $ 105.78
2594 Electric Superintendent Annual $ 168,657.64 $ 177,090.48 $ 185,945.04 $ 195,242.28 $ 205,004.40 Monthly $ 14,054.80 $ 14,757.54 $ 15,495.42 $ 16,270.19 $ 17,083.70 Hourly $ 81.09 $ 85.14 $ 89.40 $ 93.87 $ 98.56
2582 Assistant Finance Director Annual $ 137,421.87 $ 144,292.92 $ 151,507.56 $ 159,082.92 $ 167,037.12 2571 Senior Power Engineer Monthly $ 11,451.82 $ 12,024.41 $ 12,625.63 $ 13,256.91 $ 13,919.76 2573 Deputy Director of Public Works Hourly $ 66.07 $ 69.37 $ 72.84 $ 76.48 $ 80.31 2574 Chief Building Official Annual $ 115,560.78 $ 121,338.84 $ 127,405.80 $ 133,776.12 $ 140,464.92 2572 Electric Rate & Resource Analyst Monthly $ 9,630.07 $ 10,111.57 $ 10,617.15 $ 11,148.01 $ 11,705.41 2575 Chief Planning Manager Hourly $ 55.56 $ 58.34 $ 61.25 $ 64.32 $ 67.53 2589 Senior Civil Engineer
2595 Information Technology Manager
2637 City Clerk
2671 Airport Manager
2674 Fleet & Facilities Maintenance Manager
2580 Power Engineer Annual $ 102,642.06 $ 107,774.16 $ 113,162.88 $ 118,821.00 $ 124,762.08 2593 Community Services Supervisor Monthly $ 8,553.50 $ 8,981.18 $ 9,430.24 $ 9,901.75 $ 10,396.84 2601 Financial Services Manager Hourly $ 49.35 $ 51.81 $ 54.41 $ 57.13 $ 59.98 2592 Controller
2622 Housing & Grants Manager
2591 Senior Management Analyst
2620 Associate Engineer Annual $ 95,033.50 $ 99,785.16 $ 104,774.40 $ 110,013.12 $ 115,513.80 2636 Building Official Monthly $ 7,919.46 $ 8,315.43 $ 8,731.20 $ 9,167.76 $ 9,626.15 2623 GIS Analyst II Hourly $ 45.69 $ 47.97 $ 50.37 $ 52.89 $ 55.54 2731 Payroll Administrator
2621 Planning Manager
2725 Purchasing Manager
2588 Senior Information Technology Specialist
2596 Wastewater Treatment Plant Supervisor
2598 Water Treatment Plant Supervisor
2600 Water/Sewer/Streets Maintenance Supervisor
2689 Billing & Customer Services Manager Annual $ 83,130.42 $ 87,286.92 $ 91,651.32 $ 96,233.88 $ 101,045.52 2680 Building Maintenance Supervisor Monthly $ 6,927.53 $ 7,273.91 $ 7,637.61 $ 8,019.49 $ 8,420.46 2659 Management Analyst II Hourly $ 39.97 $ 41.96 $ 44.06 $ 46.27 $ 48.58 2684 Museum Director
2686 Parks/Golf Superintendent
2681 Recreation Supervisor
2687 Senior Accountant
2716 Senior Building Inspector
2710 Associate Accountant Annual $ 72,865.50 $ 76,508.76 $ 80,334.24 $ 84,351.00 $ 88,568.52 2735 Associate Planner Monthly $ 6,072.13 $ 6,375.73 $ 6,694.52 $ 7,029.25 $ 7,380.71 2709 Assistant Billing & Collections Manager Hourly $ 35.03 $ 36.78 $ 38.62 $ 40.55 $ 42.58 2708 GIS Analyst I
2715 Management Analyst I
10/2/2024 Council Approved
Exhibit B

Agenda Item No: 8.d.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-634

AGENDA SUMMARY REPORT
SUBJECT: Award of Contract with GHD Inc. for Multimodal Transportation Study of School Street; and Approval of Corresponding Budget Amendment.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works/City
Engineer
ATTACHMENTS:

1. Request for Proposals - School St Multimodal Transportation Study FINAL

2. GHD Proposal

3. Approved PIF
Summary: Council will consider the approval of a contract award to GHD Inc. in the amount of $238,999.99 for services related to a multimodal transportation study of School Street, and possibly approve a corresponding budget amendment.

Background: Building on the success of the Downtown Streetscape project, Staff believes the same formula that was used to create and support that project could be used as a foundation for improvements to School Street. In this approach, the first step is to conduct a multimodal transportation study to identify, analyze, and propose enhancements to the vehicle, pedestrian, and bicycle network along the School Street corridor from Clay Street to Henry Street. This planning effort would result in a final study used to pursue funding to implement identified School Street improvements.

This planning effort would also progress a goal, policy, and implementation program within the General Plan, as noted below:

Goal MOB-1: To provide a citywide network of complete streets that meet the needs of all users, including pedestrians, bicyclists, motorists, transit, movers of commercial goods, children, seniors, and persons with disabilities.

Policy MOB-1.1 Complete Streets: The City shall design streets holistically, using a complete streets approach, which considers pedestrians, bicyclists, motorists, transit users, and other modes together to adequately serve future land uses.

Implementation Program C, Right-of-Way Needs: The City shall revise and update the projected street rightof-way needs for completion of the City’s future mobility network to ensure provision of complete streets and completion of the planned citywide bicycle and pedestrian networks.

Staff pursued funding for this planning effort and was successful in securing a Sustainable Communities Grant award of $258,000 from the California Department of Transportation (CA DOT).

On May 7, 2024, the City released a Request for Proposals (Attachment 1) for qualified consultants to provide "Design and Engineering Services" for the completion of the School Street Multimodal Transportation Study. The deadline for submissions was June 3, 2024. In response to the City's RFP, one submission was received from GHD

Engineering, Inc. (see Attachment 2 for a copy of GHD's proposal).

In follow-up correspondence with the CA DOT- specifically related to only receiving one proposal from one firmStaff received approval from the agency related to the RFP process and potential awarding of the contract to GHD (Attachment 3).

Discussion: The total cost proposed by GHD is $238,999.99, and the total grant award is $258,000. The difference between the grant award and contract award will be used to reimburse Staff time for the administration of the grant and implementation of the planning project. Staff recommends Council approve award of a contract to GHD Inc. for $238,999.99 and approve corresponding budget amendment.

Recommended Action: Approve the award of a contract to GHD Inc. in the amount of $238,999.99 for services related to a multimodal transportation study of School Street; and approve a corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10024210.52100.18413: $211,580
PROPOSED BUDGET AMOUNT: 10024210.52100.18413: $238,999.99 FINANCING SOURCE: Sustainable Communities Grant and General Fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A3 - Mobility Element: Goal MOB-1; Policy MOB-1.1, Complete Streets; and Implementation Program C, Right of Way Needs.

REQUEST FOR PROPOSAL

DESIGN AND ENGINEERING SERVICES

SCHOOL STREET

MULTIMODAL TRANSPORTATION STUDY
Request Date: May 7, 2024
Deadline for Responses: June 3, 2024, 5:00 P.M. (PST)
ATTACHMENT 1

City of Ukiah Page 2
Request for Proposals – School St Multimodal Transportation Study

CITY OF UKIAH
Request for Proposal (RFP) – Design and Engineering Services School Street Multimodal Transportation Study

1.0 INTRODUCTION & BACKGROUND
The City of Ukiah completed a successful downtown streetscape project in Ukiah in 2022, which improved the way State Street (the main street) functions in the downtown corridor. This major project included a road diet, improvements to traffic circulation, sidewalks, and pedestrian crossings. It included a robust community outreach process, which gained input from numerous community workshops as well as substantial stakeholder input. That project began with a planning study funded by a Caltrans transportation planning grant several years ago.

Building on the success of the State Street project, the City would now like to use the same effective formula that was used to create and support that project as a foundation for positive changes to School Street, located adjacent to State Street in the downtown corridor. This proposed multimodal transportation study will identify, analyze, and propose enhancements to the vehicular, pedestrian, and bicycle network along the School Street corridor in downtown Ukiah from Clay Street to Henry Street.

This planning effort will result in a final study that will be used to pursue funding to implement identified improvements along the School Street corridor.

This work is funded by a $228,400 Sustainable Communities Grant from the State of California’s Department of Transportation. Please refer to Attachment A for a copy of the grant agreement. Total project budget, including the City’s match, is $258,000.

2.0 SCHEDULE OF EVENTS
The schedule for this procurement is as follows:

Distribute Request for Proposals: May 7, 2024
Deadline for Responses: June 3, 2024, 5:00 P.M. (Pacific Time) City Evaluation of Proposals: By June 12, 2024
Interviews (if necessary): By June 21, 2024
City Council approval requested
for recommended firm: July 3, 2024
The City must receive proposals no later than the time and date specified above. Those proposals received after this date and time will not be considered. Proposals will only be accepted electronically.

Send your proposals to the following:

Mary Horger
Financial Services Manager
City of Ukiah
[email protected]
Acceptable forms of electronic delivery are emailing the proposal directly, or providing a link to the documents for download, as long as the email is received by the established deadline. It is highly recommended to request a delivery receipt with the email to confirm that it has been received.

3.0 SCOPE OF WORK
All services shall be provided in accordance with the following attachments: Attachment B – City of Ukiah Insurance Requirements; Attachment C – City of Ukiah Draft Professional Services Agreement.

City of Ukiah Page 3
Request for Proposals – School St Multimodal Transportation Study The scope of services for the project shall include tasks described below, as well as other elements or modifications which may be suggested by consultants presenting proposals to better meet the needs of the City. In collaboration with the City, the selected firm will perform the following key services:

Task 1: Public Participation - Community Outreach & Stakeholder Involvement • Engage the community and stakeholders through a combination of in-person meetings, virtual workshops, online public engagement platforms, pop-up events, and translation services. • Conduct a total of three (3) community-wide public workshops at different project stages, one early in the project, one after the draft plan is available for public review, and a third as needed.
• Organize two (2) walking audits to assess the project area and transportation facilities. • Hold three (3) stakeholder meetings at key project milestones to gather input on project deliverables. Stakeholders may include representatives from City Planning, Housing Division, Public Works, Fire, and Safety departments, downtown business owners and shoppers, Mendocino Transit Authority, Walk & Bike Mendocino, County of Mendocino departments such as Public Health, Mendocino Council of Governments, Native American Tribal Governments, and Caltrans.
• Launch an online survey widely advertised to solicit community input on transportation needs along the School Street corridor.
• Prepare a detailed Draft Public Outreach Plan and outreach schedule with recommendations on how to engage diverse segments of the community for review and acceptance by City staff. The Outreach Plan shall include providing information to the community, gathering community input through an online public engagement platform, surveys, community workshops, possible focus group meetings, and a project website. • Outreach efforts may also include making informational presentations to tribal councils and other community groups.
• Provide low-tech outreach and input options (e.g., posters, flyers, comment cards, etc.) as appropriate for people without access to technology.

Task 2: Existing Conditions/Needs Assessment
• Conduct comprehensive research into existing conditions along the School Street corridor. • Identify and thoroughly analyze multimodal mobility barriers and needed improvements. • Review and analyze existing plans, including MCOG's Pedestrian Needs Assessment, MCOG's Active Transportation Plan, and the City of Ukiah Bike and Pedestrian Master Plan. • Conduct physical site visits to the project area to assess the transportation network and facilities.
• Include detailed information on travel costs associated with physical site visits to the project area.

Task 3: Research and Analysis
• In-depth analysis of a range of multimodal transportation streetscape improvements for the School Street corridor, including needed streetscape enhancements. • Goals include integration of School Street into the existing bicycle network and increasing its activity for street fairs, farmer's markets, and community events. • Utilize GIS analysis extensively for planning reports and technical memoranda.

City of Ukiah Page 4
Request for Proposals – School St Multimodal Transportation Study Task 4: Recommendations & Draft Study/Plan
• Develop comprehensive draft recommendations for the "School Street Multimodal Transportation Study" that are both feasible and implementable. • Provide detailed specifics on how the recommendations may be implemented. • Include cost estimates, available funding sources, an implementation plan, and schedule. • Create a prioritization list for components of the plan to facilitate phased funding. • Ensure the deliverables include a Recommendations Summary & Draft Study/Plan.

Task 5: Final Study/Plan and City Council Approval
• Prepare a proposed final plan based on feedback received on the draft plan. • Incorporate feedback as appropriate.
• Present the Final "School Street Multimodal Transportation Study" for acceptance by the City Council at a public meeting.
• Ensure that the final study/plan includes a summary of next steps towards implementation. • Provide proper crediting to Caltrans on the cover or title page. • Submit the final study/plan in an ADA accessible electronic copy.

4.0 PROPOSAL SUBMISSION INSTRUCTIONS
Firms interested in providing the services described in the section above must submit a proposal responding to all the questions below and providing all information requested in a format that mirrors the RFP by section and order listed. Proposals shall include at a minimum:

A. Cover Letter
The cover letter should contain the name, address, and brief history of the firm. The cover letter must be signed by an official authorized to bind the successful firm contractually and shall contain a statement to the effect that the proposal is a firm offer for a minimum period of sixty (60) days after the submittal date. The letter shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate a contract and bind the consultant to the terms of the contract.

B. Project Understanding and Proposed Approach
Describe your firm’s understanding of the project and how your firm intends to structure the project approach.

C. Project Team
Identify the key personnel to be assigned to this project, including the qualifications and experience as related to the project. Resumes for each of the key personnel are to be provided. Identify any sub-consultants/subcontractors that will be used, including their qualifications and experience, as well as the work they will accomplish. Staff proposed to be in charge of the project must demonstrate significant experience supervising similar work. Describe the proposed organizational structure between consultant and sub-consultants/subcontractors, including current and previous work assignments.

D. Experience and References
Provide descriptions of related project experience for at least three similar projects on which the firm has performed work over the past ten years. For the sub-consultants/subcontractors that will be used for more than 10% of the project budget, provide the same detail. Each project description

City of Ukiah Page 5
Request for Proposals – School St Multimodal Transportation Study shall be limited to a maximum of 4 pages, including project images and must provide client references and client contact information.

E. Fee Proposal
Provide a separate fee proposal based on an hourly rate schedule with a “not to exceed” maximum cost for the work identified in the Scope of Services. You are required to utilize the cost proposal form provided as a Microsoft Excel spreadsheet and include a full cost proposal breakdown worksheet as back-up. Provide a tabulation of the project staff and number of work hours for each task. Indicate if travel time, mileage, and per diem will be charged. Include any sub-consultant cost.

Additionally, please identify miscellaneous costs associated with this proposal. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available at the time and location required as specified in the California Department of Transportation’s Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/. Also see website for summary of travel reimbursement rules. Please submit a copy of your firm’s current itemized hourly rate fee schedule. THIS WILL BE A SEPARATE DOCUMENT FROM THE PROPOSAL.

NO PRICING IS ALLOWED WITHIN THE PROPOSAL DOCUMENT.

F. Proposed Project Schedule
Provide a proposed schedule of completion for each task and list of task deliverables.

G. Exceptions
Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City’s insurance requirements and/or the City’s draft professional services agreement as shown in the attachments, the Consultant should list the exceptions in the proposal.

5.0 PROPOSAL EVALUATION
The following evaluation criteria will be used in evaluating and selecting candidates:

1. Technical Expertise and Experience (Total: 50 points) Relevant Experience (30 points): Evaluation of the bidder's experience with projects of similar complexity and scale, focusing on relevant past projects and their outcomes.

Staff Qualifications (20 points): Assessment of the qualifications, certifications, and direct experience of key staff members who are proposed to work on the project.

2. Project Approach and Methodology (Total: 30 points)
Understanding of Scope and Objectives (15 points): Clarity and depth of understanding of the project scope, objectives, and requirements as demonstrated in the proposal.

Proposed Methodology (15 points): The appropriateness, clarity, and effectiveness of the proposed methodology for project execution and management.

3. Schedule Compliance (Total: 10 points)
Project Timeline (10 points): Realism and feasibility of the proposed project timeline, including the setting of realistic milestones and completion dates.

4. Client References and Past Performance (Total: 10 points) Client Satisfaction (5 points): Evaluation based on feedback and satisfaction levels from previous clients, particularly focusing on the proposer's ability to meet project goals and client expectations.

Project Success Rate (5 points): Assessment of the proposer’s history of completing projects on time and within the scope, as demonstrated by past projects with similar complexity.

Total Points Available: 100

City of Ukiah Page 6
Request for Proposals – School St Multimodal Transportation Study The City reserves the right to reject any and all proposals. The City reserves the right to award a contract to the firm that presents the proposal, which in the sole judgment of the City best serves the City’s interest. The City reserves the right to waive minor irregularities in said proposals, and/or negotiate minor deviations with the successful firm.

6.0 CONTACT PERSON
Please contact Mary Horger if you have questions or require additional information. Questions must be submitted in writing via email. Contact information can be found below.

Mary Horger
Financial Services Manager
City of Ukiah
[email protected]
Communication between a proposing company and a member of the City staff, other than the designated contact person, or between a proposing company and a non-designated City representative regarding the selection of a proposing company or award of this contract is explicitly prohibited from the time the RFP is advertised until the selection of a proposing company or award of the contract.

Questions pertaining to this RFP shall be addressed to the party specified above. Failure of a proposing company, or any of its representatives, to comply with this paragraph will result in their proposal being rejected.

7.0 ADDENDA
If it becomes necessary to revise any part of this Request for Proposal after it has been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the project documents. Anyone who intends to submit a proposal in response to this solicitation must check the website frequently for any posted addenda. Anyone submitting a proposal will be deemed to have seen and agreed to be bound by the posted addenda.

8.0 INSURANCE REQUIREMENTS
Provided as Attachment “A” are the City’s complete insurance requirements. Awarded firm, prior to performing any work, shall procure and maintain for the duration of the contract insurance per the attached requirements.

9.0 CITY BUSINESS LICENSE
Awarded firm will be required to maintain a City business license for the duration of the contract.

Information regarding the City business license can be found on the City website, at www.cityofukiah.com/businesses.

10.0 OTHER REQUIREMENTS
Due to the funding source for this project, the following are additional requirements that are included in greater detail in the attached draft agreement (Attachment C).

A. Owner of Work Product and Rights
B. Ownership of Data
C. Retention of Records/Audits
D. Drug-Free Workplace Certification.

E. State-Owned Data

City of Ukiah Page 7
Request for Proposals – School St Multimodal Transportation Study F. Assumptions of Risk and Indemnification Regarding Exposure to Environmental Health Hazards
G. Mandatory Organic Waste Recycling
H. ADA Compliance

12.0 PUBLIC RECORDS
All materials submitted in response to this RFP are property of the City and will not be returned. The materials will be a public record subject to the disclosure provisions of the California Public Records Act and any other related public law or provision of such laws.

13.0 FINANCIAL RESPONSIBLITY
The City accepts no financial responsibility for any costs incurred by a firm in responding to this RFP.

Submissions will become the property of the City and may be used by the City in any way deemed appropriate.

Task 1: Public Participation Line Item Totals
Personnel - $
Sub-consultant(s) - $
Sub-consultant mark-up - $
Travel - $
Supplies and Expenses - $
Subtotal of proposed hours 0.00
Subtotal of proposed fees 0.00
Subtotal Cost for Task 1: $ -
Task 2: Existing Conditions/Needs Assessment Line Item Totals Personnel - $
Sub-consultant(s) - $
Sub-consultant mark-up - $
Travel - $
Supplies and Expenses - $
Subtotal of proposed hours 0.00
Subtotal of proposed fees 0.00
Subtotal Cost for Task 2: $ -
Task 3: Research and Analysis Line Item Totals
Personnel - $
Sub-consultant(s) - $
Sub-consultant mark-up - $
Travel - $
Supplies and Expenses - $
Subtotal of proposed hours 0.00
Subtotal of proposed fees 0.00
Subtotal Cost for Task 3: $ -
Task 4: Final Study/Plan and City Council Approval Line Item Totals Personnel - $
Sub-consultant(s) - $
Sub-consultant mark-up - $
Travel - $
Supplies and Expenses - $
Subtotal of proposed hours 0.00
Subtotal of proposed fees 0.00
Subtotal for Task 4: $ -
Personnel - $
Sub-consultant(s) - $
Sub-consultant mark-up - $
Travel - $
Supplies and Expenses - $
Total proposed hours 0.00
Total proposed fees 0.00
TOTAL NOT TO EXCEED COST: $ -

TOTAL PROJECT COST SUMMARY

COST PROPOSAL FORM
Design and Engineering Services
School Street Multimodal Transportation Study
Submitted by (Name of Firm): ___________________________________________________ (Please include full cost proposal breakdown worksheet as backup.)

“Provide a safe and reliable transportation network that serves all people and respects the environment”

ADMINISTRATION

DIVISION OF PROCUREMENT AND

CONTRACTS
1727 30TH STREET, MS 65
SACRAMENTO, CA 95816-7006
PHONE (916) 227-6000
FAX (916) 227-6155
TTY 711
https://dot.ca.gov/programs/procurementand-contracts/
Contract Number: 74A1451
January 2, 2024
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Dear City of Ukiah:

A fully executed copy of the above-referenced Contract 74A1451 is enclosed for your files. You are not authorized to commence work until you have been notified by the State’s designated Contract Manager to begin work. The Contract Manager is not authorized to approve payment for any work or services performed prior to contract/amendment approval, nor is the Contract Manager authorized to change the terms of the contract.

All invoices are to be submitted to the Contract Manager in triplicate:
• with the above Contract Number placed next to your firm’s name, • with your Address and Phone Number preprinted on the invoice in the format shown in the contract, if appropriate,
• with All Documentation required to prove costs, and
• with Any Additional Information required by the terms of the contract.

You are encouraged to pay your suppliers and subcontractors in a timely manner. You are also reminded that, unless stipulated otherwise in the contract, you must pay your suppliers and subcontractors prior to requesting any reimbursement, if applicable, from the State.

All questions regarding invoices, documentation supporting invoices, payments, and services are to be directed to Dean Meester at (707) 684-6987.

Sincerely,
Michelle Holman Guerrero
Contract Analyst
Enclosure
c: Contract Manager

ATTACHMENT A

City of Ukiah
Agreement Number 74A1451

of conducting transportation studies or planning and (c) to a public entity that is responsible for conducting transportation studies or planning.

2. Details of the Grant Program, Funds, Project, and Program Guidelines and the governing State and Federal law are fully described in Attachment III, which is attached to and made a part of this RGA.

3. Under this restricted grant, funds may be only used for the purpose set forth in this RGA, Resolution (Attachment I), Scope of Work and Project Cost and Schedule (Attachment II), and the applicable Grant Application Guide (Attachment III), and funds may only be used for costs and expenses that are directly related to such purpose.

4. AGENCY shall perform all the duties and obligations described in the City of Ukiah School Street Multimodal Transportation Study, hereinafter the Project, subject to the terms and conditions of this RGA and the Approved Project Grant Application (Scope of Work and Project Cost and Schedule), which are attached hereto as Attachment II. 5. The resolution authorizing AGENCY to execute this RGA pertaining to the above described Project is attached hereto as Attachment I. 6. All services performed by AGENCY pursuant to this RGA shall be performed in accordance with all applicable Federal, State, and Local laws, regulations, ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the applicable Grant Application Guide (Attachment III).

In case of conflict between any applicable Federal, State, and Local laws, regulations, and ordinances, and/or any applicable policies, procedures, or published manuals of either CALTRANS or AGENCY, the order of precedence of the applicability of same to this RGA shall be established in this order: 1) Federal laws and regulations; 2) California laws and regulations; 3) CALTRANS policies, procedures, and published manuals; 4) Local ordinances; and 5) AGENCY policies, procedures, and published manuals. This RGA may not include any Federal funds.

7. Project funding is as follows:

No in-kind contributions may be made unless the amount and type of the contribution is identified above.

8. This RGA is exempt from legal review and approval by the Department of General Services (DGS), pursuant to applicable law.

9. Notification of Parties
a. AGENCY’s Project Manager for Project is Jim Robbins, (707) 463-6708, [email protected].

Fund Source:

STATE Fund Source: AGENCY
Total Project
State Highway Cost
Account (SHA)
Grant Funds
Local Match
(Cash)
Local Match
(In-Kind)
Total Local
Match
% Local
Match
$228,400.00 $29,600.00 $0.00 $29,600.00 11.47% $258,000.00

City of Ukiah
Agreement Number 74A1451

b. AGENCY’s Financial Manager for the Project is Daniel Buffalo, [email protected]. c. CALTRANS Contract Manager is Dean Meester, (707) 684-6987, [email protected]. “Contract Manager” as used herein includes his/her designee. d. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Ukiah
Attention: Jim Robbins, Grants Manager
Phone Number: (707) 463-6708
Email: [email protected]
300 Seminary Avenue
Ukiah, CA. 95482
California Department of Transportation
District 11
Attention: Dean Meester, Contract Manager
Phone Number: (707) 684-6987
Email: [email protected]
1656 Union Street
Eureka, CA. 95501

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on January 2, 2024 following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by the CALTRANS Contract Manager, and will expire on April 30, 2026. b. AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed letter by CALTRANS Contract Manager.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties. Any proposed modification to this agreement that requires a formal amendment must be submitted by AGENCY to CALTRANS no less than ninety (90) days prior to the expiration of this RGA.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $228,400.00
b. It is agreed and understood that this RGA fund limit is an estimate and that CALTRANS will only reimburse the cost of services actually rendered in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein.

13. Termination
a. If the applicable law and the Grant Program guidelines provide for such termination, CALTRANS reserves the right to terminate this RGA for any or no reason upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event

SCOPE OF WORK
Project Information
Grant Category Sustainable Communities Competitive
Grant Fiscal Year 2023-24
Project Title City of Ukiah School Street Multimodal Transportation Study Organization
(Legal name) City of Ukiah
Disclaimer
Agency commits to the Scope of Work below. Any changes will need to be approved by Caltrans prior to initiating any Scope of Work change or amendment.

Introduction
The City of Ukiah completed a successful downtown streetscape project in Ukiah in 2022, which improved the way State Street (the main street) functions in the downtown corridor. This major project included a road diet, improvements to traffic circulation, sidewalks, and pedestrian crossings. It included a robust community outreach process, which gained input from numerous community workshops as well as substantial stakeholder input. That project began with a planning study funded by a Caltrans transportation planning grant several years ago.

Building on the success of the State Street project, the City would now like to use the same effective formula that was used to create and support that project as a foundation for positive changes to School Street, located adjacent to State Street in the downtown corridor. This proposed multimodal transportation study will identify, analyze, and propose enhancements to the vehicular, pedestrian, and bicycle network along the School Street corridor in downtown Ukiah from Clay Street to Henry Street. This planning effort will result in a final study that will be used to pursue funding to implement identified improvements along the School Street corridor.

According to 2021 American Community Survey 5-Year Estimates, the median household income of the City of Ukiah is 67% of the statewide average of $84,907 (see attachments). This percentage is below the AB 1550 definition, which defines low-income households as at or below 80% of the statewide median income and qualifies Ukiah as an underserved community.

The project is located in Mendocino County (045) census tracts 115 and 116, which, according to the 2019 ACS 5-Year Estimates, had median household incomes of 65.3% and 59.4% of the 2019 statewide average of $75,235. The project is located in a rural community as defined in Appendix C. Ukiah’s population is 16,607.

Project Stakeholders
Stakeholders will include representatives from the City of Ukiah (Public Works, Community Development, Planning Division, Housing Division, Fire, Safety), downtown business owners and shoppers, Mendocino Transit Authority, Walk & Bike Mendocino, County of Mendocino departments such as Public Health, Mendocino Council of Governments, Native American Tribal Governments, the Mendocino County Blue Zones project, and Caltrans. Other stakeholders may be included, according to availability, such as local schools, disability advocates, and nonprofits.

City of Ukiah
Agreement Number 74A1451
Attachment II

Overall Project Objectives
Overall project objectives are to study and recommend changes and enhancements on School Street, from the intersection of Clay Street to the intersection of Henry Street. These proposed changes will be for vehicle use, pedestrian use, and bicycle use.

Summary of Project Tasks
[Project Management activities must be identified within the task they are occur and not as standalone tasks.]
Task 01: Project Administration
This is an Administrative Task that shall only be charged against by the Grantee for the Administration of this grant project. Costs for this task cannot exceed 5% of the grant award amount.

Grantee will manage and administer the grant project according to the Grant Application Guidelines, Regional Planning Handbook, and the executed grant contract between Caltrans and the grantee.

The City will attend a kick-off meeting with Caltrans to discuss grant requirements and expectations, and project roles. The City will prepare and submit quarterly invoices and progress reports to Caltrans.

Task Deliverables
Kick-off meeting with Caltrans - meeting notes, quarterly invoices and progress reports (City staff)
Task 02: Consultant Procurement
In consultation with Caltrans staff, prepare a Request for Proposals (RFP) and Scope of Work and distribute to qualified consulting firms to obtain competitive bids. Form a Consultant Selection Committee, possibly including a Caltrans representative, to review proposals and recommend selection of a consultant. Prepare and execute contract with successful consultant. Hold kick-off meeting with successful consultant.

Task Deliverables
Request for Proposals; Consultant Selection Committee agenda and meeting notes; executed consultant contract (City staff)
Consultant kick-off meeting, agenda, and meeting notes (City staff) Task 1: Public Participation - Community Outreach & Stakeholder Involvement Robust community and stakeholder engagement is planned for this feasibility study, through use of in person and video and teleconference meetings/workshops, an online public engagement platform (direct costs for online subscription fees, i.e. are included in this task), pop-up events, and translation services. Three (3) community-wide public workshops are planned for this project – one to be held early in the project to solicit community input, a second community workshop to be held after the draft plan is available for public review, and a third workshop as well. The project will also include two (2) walking audits. Three (3) stakeholder meetings will be held throughout the project at key deliverable milestones to solicit input on project deliverables. Stakeholders may City of Ukiah
Agreement Number 74A1451
Attachment II

include representatives from City Planning, Housing Division, Public Works, Fire, and Safety departments; downtown business owners and shoppers, Mendocino Transit Authority, Walk & Bike Mendocino, County of Mendocino departments such as Public Health, Mendocino Council of Governments, Native American Tribal Governments, and Caltrans. In addition, an online survey will be launched and widely advertised to solicit community input on transportation needs along the School Street corridor.

Consultant shall prepare a detailed Draft Public Outreach Plan and outreach schedule with recommendations on how best to engage diverse segments of the community for review and acceptance by City staff. The Outreach Plan shall include providing information to the community, gathering community input through an online public engagement platform, surveys, community workshops, possible focus group meetings, and a project website. Outreach may also include making informational presentations to tribal councils and other community groups. Lowtech outreach and input options (posters, flyers, comment cards, etc.) will be provided as appropriate for people without access to technology.

Based on City staff acceptance, the consultant shall prepare and implement the final Public Outreach Plan.

Task Deliverables
Public Outreach Plan and schedule (Draft and Final), (City Staff, Consultant) Direct costs for Online Public Engagement Tools/Subscription Cost (Consultant) At least two (2) community workshops; PowerPoint Presentations; flyers; website announcements; and community surveys, presentations at tribal or community meetings. (May include travel costs) (City Staff/Consultant) At least three (3) Stakeholder Meetings (City Staff/Consultant) Task 2: Existing Conditions/Needs Assessment
Consultant shall research existing conditions along the School Street corridor, and identify and analyze multimodal mobility barriers and needed improvements. As part of this research, the consultant shall conduct a review of existing plans, including MCOG’s Pedestrian Needs Assessment, MCOG’s Active Transportation Plan, and the City of Ukiah Bike and Pedestrian Master Plan. Consultant shall prepare an Existing Conditions/Needs Assessment Report for review by City staff. Consultant shall conduct physical site visits to the project area to view the transportation network and transportation facilities for all modes. (This task includes travel costs).

Task Deliverables
Existing Conditions/Needs Assessment Report; Travel Costs (City Staff, Consultant) Task 3: Research and Analysis
Based on information gathered during the public outreach process, and existing conditions/needs assessment efforts, the Consultant shall analyze a range of multimodal transportation streetscape improvements for the School Street corridor, including needed streetscape improvements. Some goals include tying School Street in to the existing bicycle network, increasing activity of School Street for street fairs, farmer’s markets, and community events. GIS analysis shall be used for planning reports and technical memoranda.

City of Ukiah
Agreement Number 74A1451
Attachment II

Task Deliverables
Research and Analysis Streetscape Improvements Summary Report Including Conceptual Design for Streetscape Improvements (Consultant, City Staff) with GIS analysis for planning reports and memos
Task 4: Recommendations & Draft Study/Plan
Based on results of tasks 1, 2, and 3 above, Consultant shall develop draft recommendations for the “School Street Multimodal Transportation Study” that are feasible and implementable, for inclusion in a draft study/plan. The draft plan shall include detailed specifics on how the recommendations may be implemented; cost estimates; available funding sources, and implementation plan and schedule. The draft plan shall also include a prioritization list, so the components of the plan can be funded through different funding sources at different times, if necessary. The draft plan shall be provided to City staff for review and comment. The draft plan shall be presented to stakeholders for review and comment, and shall also be presented for community review in a second community workshop (included under task 2). Task Deliverables Recommendations Summary & Draft Study/Plan (Consultant, City staff) Task 5: Final Study/Plan and City Council Approval
Based on feedback on the draft plan, the Consultant shall prepare a proposed final plan for review by City staff. Consultant shall incorporate feedback as appropriate, and shall prepare Final “School Street Multimodal Transportation Study” for presentation and acceptance by the City Council, at a public meeting. (Note: Final study/plan must include a summary of next steps towards implementation; must credit Caltrans on the cover or title page, and must be submitted in an ADA accessible electronic copy.)
Task Deliverables
Draft Study/Plan (Consultant, City staff)
Final Study/Plan (Consultant, City staff)
Ukiah City Council meeting attendance; presentation materials (Consultant, City staff) City of Ukiah
Agreement Number 74A1451
Attachment II

If yes, what is the estimated indirect cost rate? n/a

J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J 01 $10,624 $1,376 $0 $12,000
02 $6,196 $804 $0 $7,000
1 $59,308 $7,692 $0 $67,000
2 $19,477 $2,523 $0 $22,000
3 $53,118 $6,882 $0 $60,000
4 Develop Recommendations & Draft Study/Plan $57,545 $7,456 $0 $65,000 5 $22,133 $2,868 $0 $25,000
$228,400 $29,600 $0 $258,000
Public Participation and Community Outreach
California Department of Transportation
Sustainable Transportation Planning Grant Program

COST AND SCHEDULE
Grant Category Sustainable Communities Competitive
City of Ukiah School Street Multimodal Transportation Study Task Title
FY 2023/24
FY 2023-24
Use the Local Match Calculator to ensure that grant and local match amounts are correct: Local Match Calculator Reimbursements/
Invoicing
Disclaimers Use only whole dollars in the financial information fields. No rounding up ordown and no cents.

Grant Fiscal Year
City of Ukiah
Project Title
Organization
(Legal name)
Does your agency plan to use the Tapered Match approach for invoicing purposes? Totals
Does your agency plan to request reimburesement for indirect costs? Final Study and City Council Approval at Public Meeting Project Administration
(no more than 5% of total grant funds)
Consultant Procurement
Existing Conditions/Needs Assessment
Research and Analysis including GIS Analysis
FY 2024/25 FY 2025/26
Task
# Grant Amount*
Estimated
Local Cash
Match*
Estimated
Local
In-Kind
Match*
Estimated Total
Project Cost* Yes No
Yes No
City of Ukiah
Agreement Number 74A1451
Attachment II

INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant(s) shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant(s), his agents, representatives, or employees.

I. Minimum Scope of Insurance
Coverage shall be at least as broad as:

A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and Commercial General Liability – Completed Operations Form No. CG 20 37 10 01).

B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

D. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

II. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Insurance must be written on an occurrence basis.

B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence basis.

C. Workman’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

D. Errors and Omissions liability: $1,000,000 per occurrence. If written on a claims-made basis, insurance coverage must cover claims filed within 3 years after contract work completed.

III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Consultant to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee.

IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance, or as a separate owner’s policy.

ATTACHMENT B

B. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers’ compensation policy.

C. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it.

D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

V. RATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.

VI. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City. If endorsements are on forms other than the City’s forms, those endorsements must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

If you have questions regarding our insurance requirements contact:

Risk Manager
(707) 463-6287 or FAX (707) 463-6204
Revised: 11/20/08

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ATTACHMENT “C”

AGREEMENT FOR

PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this day of , 2024 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and _________________, a _____________ [sole proprietorship, corporation, partnership, limited partnership, limited liability company, etc.] organized and in good standing under the laws of the state of ______________, hereinafter referred to as "Consultant".

RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to ________________________________. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. d. CALTRANS is the funding source for this Project.

TERMS OF AGREEMENT

1.0 DESCRIPTION OF PROJECT

1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").

2.0 SCOPE OF SERVICES

2.1 As set forth in Attachment "A".

2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement.

3.0 CONDUCT OF WORK

3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within ________________ from receipt of the Notice to Proceed.

Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.

4.0 COMPENSATION FOR SERVICES

4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $-------. Labor charges shall be based

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upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-toexceed guaranteed maximum, even if actual time and expenses exceed that amount.

4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement.

4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1.

4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed.

5.0 ASSURANCES OF CONSULTANT

5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose.

It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed.

Those provisions of this Agreement that reserve ultimate authority in City 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 Consultant and City.

Consultant shall pay all estimated and actual federal and state income and selfemployment 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 himself and his employees, if any. Consultant agrees to indemnify and hold City 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

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benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit.

Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement.

5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City’s local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager’s determination.

6.0 INDEMNIFICATION

6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage – Completed Operations Form No. CG 20 37 10 01.

2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.

3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

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2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

4. Errors and Omissions liability: $1,000,000 per occurrence.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Worker's Compensation and Employers Liability Coverage

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The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement.

3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from ------ to ------------.

4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.

F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted.

All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium.

G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1.

6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful

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misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City.
“Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses.

References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors.

7.0 CONTRACT PROVISIONS

7.1 Ownership of Proprietary Property
A. Definitions

1. Work: The work to be directly or indirectly produced by City, Consultant or subconsultant under this Agreement.

2. Work Product: All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and Deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this agreement and during a period of six (6) months after the termination thereof, which relates to the Work commissioned or performed under this Agreement. “Work Product” includes all deliverables, inventions, innovations, improvements, or other works of authorship that City, consultants or sub consultants may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection.

3. Inventions: Any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by City, or jointly with the City’s Consultant or subconsultant and/or the City’s consultant or subconsultant employees with one or more employees of CALTRANS, during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement.

B. Ownership of Work Product and Rights

1. Copyright Ownership of Work Product: Except in regard to Pre-existing Works, all Work Product derived by the Work performed by the Consultant or subconsultants, subcontractors and/or sub-recipient’s employees under this agreement, shall be owned by CALTRANS and City and shall be considered to be works made for hire by the City and City’s Consultants and subconsultants for CALTRANS and City. CALTRANS and City shall own all United States and international copyrights in the Work Product.

As such, all Work Product that contain, in a conspicuous place, a copyright designation consisting of a “c” in a circle followed by the four-digit year in which the Work Product was produced, followed by the words “California Department of

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Transportation and City shall own all United States and international copyrights in the Work Product.

2. Vesting of Copyright Ownership: Consultant and all subconsultants agrees to perpetually assign, and upon creation of each Work Product automatically assigns, to CALTRANS and City, its successors and assigns, ownership of all United States and International copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the City’s Consultants and subconsultants from CALTRANS. From time to time, CALTRANS and the City shall require Consultant and subconsultants, and their respective employees, to confirm such assignments by execution and delivery of such assignments, confirmations, or assignment, or other written instruments as CALTRANS and the City may request. CALTRANS and the City, its successors, and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work product. Consultants and subconsultants waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work.

C. Inventions

1. Vesting of Patent Ownership: Consultant and subconsultants, and their respective employees, are required to assign to CALTRANS and City, its successors, and assigns, all inventions, together with the right to seek protection by obtaining patent ownership rights and the right to claim all rights or priority there under, and the same shall become the remain CALTRANS’ property regardless of whether such protection is sought.

Consultant and subconsultants shall promptly make a complete written disclosure to CALTRANS of each Invention not otherwise clearly disclosed to CALTRANS in the pertinent Work Product, specifically pointing out features or concepts that the consultant or subconsultant believes to be new or different. Consultant and subconsultants shall, upon CALTRANS’ and City’s request and at CALTRANS’ and City’s expense, cause patent applications to be filed thereon, through solicitors designated by CALTRANS and City, and shall sign all such applications over to CALTRANS and City, its successors, and assigns. Consultant and subconsultants shall give CALTRANS and City and its solicitors all reasonable assistance in connection with the preparation and prosecution of any such patent applications and shall cause to be executed all such assignments or other instruments or documents as CALTRANS and City may consider necessary or appropriate to carry out the intent of this agreement.

2. City: In the event that CALTRANS and City are unable for any reason whatsoever to secure the City’s, its employees’, and/or City’s Consultant’s or subconsultant’s signature to any lawful or necessary document required or desirable to apply for or prosecute any United States application (including renewals or divisions thereof), Consultants and subconsultants hereby irrevocably designates and appoints CALTRANS and City and its duly authorized officers and agents, as its agent and attorney-in-fact, to act for and on City, its employees, and City’s Consultants, and subconsultant’s behalf and stead, to execute and file such applications and to do all other lawfully permitted acts to further the prosecution and issuance of any copyrights, trademarks, or patents, thereon with the same legal force and effect as if executed by City, its employees, Consultant and subconsultants.

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CALTRANS and City shall have no obligations to file any copyright, trademark, or patent applications.

D. Additional Provisions

1. Pre-existing Works and License: Consultant and subconsultants agree to acknowledge that all Work Product shall be the sole and exclusive property of CALTRANS and City, except that any Pre-existing Works created by City and third parties outside of this Agreement but utilize in connection with the Agreement (the “Pre-existing Works”) shall continue to be owned by City or such parties. City agrees to notify CALTRANS in writing of any Pre-existing Works used in connection with any Work Product produced under this agreement and herby grants to CALTRANS a non-exclusive, irrevocable, worldwide, perpetual, royalty-free license to utilize the Pre-existing Works in connection with the Work Product.

2. Consultants and Subconsultants: In performing services under this Agreement, Consultants and subconsultants shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If Consultant or subconsultants becomes aware of any such possible infringement in the course of performing any Work under this Agreement, Consultant or subconsultants shall immediately notify the City in writing.

7.2 Ownership of Data.

A. Upon completion of all Work under this Agreement, all intellectual property rights, ownership, and title to all reports, documents, plans, specifications, and estimates, produced as part of this agreement will automatically be vesting in CALTRANS and the City and no further agreement will be necessary to transfer ownership to CALTRANS and City. Consultant and subconsultants shall furnish to City and CALTRANS all necessary copies of data needed to complete the review and approval process.

B. It is understood and agreed that all calculations, drawings, and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the Project for which this agreement has been entered into.

C. Consultant and subconsultants are not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by CALTRANS of the machine readable information and data provided by Consultant, and subconsultants under this agreement; further, Consultant and subconsultants are not liable for claims, liabilities or losses arising out of, or connected with, any use by CALTRANS of the project documentation on other projects, for additions to this Project, or for the completions of this Project by others, excepting only such use as may be authorized, in writing, by City, Consultants and subconsultants.

D. Any sub-agreement in excess of $25,000 entered into as a result of this agreement shall contain all of the provisions of this clause.

7.3 Retention of Records/Audits
A. Consultant and subconsultants will agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

B. All accounting records and other supporting papers of the Consultant and subconsultants shall be maintained for a minimum of three (3) years from the date of final grant payment to the City by CALTRANS and shall be held open to

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inspection, copying and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by awarding for and any subconsultants upon receipt of any request made by CALTRANS or its agents.

C. For the purpose of determining compliance pursuant to Government Code Section 8546.7, Consultant and subconsultants shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. Consultant and subconsultants shall make such materials available at their respective offices at all reasonable times during the entire project and for three years from the date of final grant payment by CALTRANS to the City. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United State Department of Transportation, shall each have access to any books, records, and documents that are pertinent to this project for audits, examinations, excerpts, and transactions, and consultant and subconsultants shall furnish copies thereof if requested.

D. Consultant and subconsultants will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance.

7.4 Drug-Free Workplace Certification - Consultant and subconsultants certifies under penalty of perjury under the laws of California that they will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all the following:

A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).

B. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all the following:

1. The dangers of drug abuse in the workplace.

2. The person’s or organization’s policy of maintaining a Drug-Free workplace.

3. Any available counseling, rehabilitation, and employee assistance programs; and

4. Penalties that may be imposed upon employees for drug abuse violations.

C. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:

1. Will receive a copy of the company’s Drug-Free Policy Statement, and

2. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

D. Failure to comply with these requirements may result in suspension of payments under the contract.

7.5 State-Owned Data
A. Consultant and subconsultants will agree to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:

1. Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit

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encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.

2. Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.

3. Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.

4. Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.

5. Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement.

6. Notify City immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data.

7. Advise the owner of the State-owned data, the City’s Information Security Officer, and the City’s Chief Information Officer of vulnerabilities.

B. Consultant and subconsultants agrees to use the State-owned data only for State purposes under this Agreement.

C. Consultant and subconsultants agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s). (State Administrative Manual (SAM) Section 5335.1.

7.6 Assumptions of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Consultant’s and subconsultant’s indemnification obligations contained elsewhere in this Agreement, Consultant and subconsultants hereby assume all risks of the consequences of exposure of Consultant’s and subconsultant’s employees, agents, contractors, consultants, subcontractors and subconsultants and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. Consultants and subconsultants also agree to take all appropriate safety precautions to prevent any such exposure to Consultant and subconsultants employees, agents, contractors, and subcontractors, subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Consultant and subconsultants also agree to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Consultant and subconsultant also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

7.7 Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Section 42649.8 et seq., if Consultant and/or subconsultants generates two (2) cubic yards or more of organic waste or commercial solid waster per week, consultant and/or subconsultants shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling.

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Consultant shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from the City’s Caltrans Contract Manager.

7.8 ADA Compliance All entities that provide electronic or information technology or related services that will be posed online by CALTRANS must comply with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

7.9 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County.

7.10 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties.

7.11 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.

7.12 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing.

7.13 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent.

7.14 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself.

7.15 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract.

7.16 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be

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executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement.

8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows:

CITY OF UKIAH --------------
DEPT. OF_____________ --------------
300 SEMINARY AVENUE --------------
UKIAH, CALIFORNIA 95482-5400

9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:

CONSULTANT
BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number

CITY OF UKIAH
BY: ____________________
Date

CITY MANAGER
ATTEST
____________________
CITY CLERK Date

COST PROPOSAL FOR

SCHOOL STREET MULTIMODAL

TRANSPORTATION STUDY

CITY OF
UKIAH
June 3, 2024
In Partnership with
ATTACHMENT 2

Task 1: Public Participation Line Item Totals
Personnel $ 14,956.17
Sub-consultant(s) $ 40,672.50
Sub-consultant mark-up $ -
Travel $ 9,800.00
Supplies and Expenses $ 2,109.48
Subtotal of proposed hours 260.00
Subtotal of proposed fees $ 55,628.67
Subtotal Cost for Task 1: $ 67,538.15
Task 2: Existing Conditions/Needs Assessment Line Item Totals Personnel $ 16,141.75
Sub-consultant(s) $ 7,507.50
Sub-consultant mark-up $ -
Travel $ -
Supplies and Expenses $ -
Subtotal of proposed hours 158.00
Subtotal of proposed fees $ 23,649.25
Subtotal Cost for Task 2: $ 23,649.25
Task 3: Research and Analysis Line Item Totals
Personnel $ 54,204.14
Sub-consultant(s) $ 3,630.00
Sub-consultant mark-up $ -
Travel $ -
Supplies and Expenses $ -
Subtotal of proposed hours 420.00
Subtotal of proposed fees $ 57,834.14
Subtotal Cost for Task 3: $ 57,834.14
Task 4: Recommendations and Draft Study/Plan Line Item Totals Personnel $ 57,025.66
Sub-consultant(s) $ 8,745.00
Sub-consultant mark-up $ -
Travel $ -
Supplies and Expenses $ -
Subtotal of proposed hours 394.00
Subtotal of proposed fees $ 65,770.66
Subtotal for Task 4: $ 65,770.66
Task 5: Final Study/Plan and City Council Approval Line Item Totals Personnel $ 23,052.79
Sub-consultant(s) $ 1,155.00
Sub-consultant mark-up $ -
Travel $ -
Supplies and Expenses $ -
Subtotal of proposed hours 160.00
Subtotal of proposed fees $ 24,207.79
Subtotal for Task 4: $ 24,207.79
Personnel $ 165,380.51
Sub-consultant(s) $ 61,710.00
Sub-consultant mark-up $ -
Travel $ 9,800.00
Supplies and Expenses $ 2,109.48
Total proposed hours 1392.00
Total proposed fees $ 227,090.51
TOTAL NOT TO EXCEED COST: $ 238,999.99

TOTAL PROJECT COST SUMMARY

COST PROPOSAL FORM
Design and Engineering Services
School Street Multimodal Transportation Study
Submitted by (Name of Firm): _GHD _________________________________________ (Please include full cost proposal breakdown worksheet as backup.) GHD | City of Ukiah | School Street Multimodal Transportation Study | FEE - 1

hours cost hours cost HOURS COST

1.0 102 $14,956.17 158 $40,672.50 260 $55,628.67
102 $14,956.17 158 $40,672.50 260 $55,628.67

2.0 126 $16,141.75 32 $7,507.50 158 $23,649.25
126 $16,141.75 32 $7,507.50 158 $23,649.25

3.0 404 $54,204.14 16 $3,630.00 420 $57,834.14
404 $54,204.14 16 $3,630.00 420 $57,834.14

4.0 356 $57,025.66 38 $8,745.00 394 $65,770.66
356 $57,025.66 38 $8,745.00 394 $65,770.66

5.0 156 $23,052.79 4 $1,155.00 160 $24,207.79
156 $23,052.79 4 $1,155.00 160 $24,207.79
1,144 $165,380.51 248 $61,710.00 1392 $227,090.51
$4,129.48 $7,780.00 $11,909.48
$169,509.99 $69,490.00 $238,999.99

BLUE ZONES
COST PROPOSAL:

Primary Consultant Subconsultant #1 TOTAL
Research and Analysis
Total Task 3
Recommendations & Draft Study/Plan
Total Task 4

TOTAL OTHER INDIRECT COST

TOTAL PROJECT COST

TOTAL DIRECT LABOR HOURS/COST
Total Task 5Total Task 2
Exiting Condtions Needs AssessmentPublic Participation - Community Outreach & Total Task 1
Final Study/Plan and City Council Approval
GHD Inc.

GHD | City of Ukiah | School Street Multimodal Transportation Study | FEE - 2

A. PROJECT Primary
NAME OF FIRM:

ROLE IN THE PROJECT:

Todd
Tregenza
Rosanna
Southern
Paige
Peel
Emily Shandy Holly
Murphy
Colin Burgett Kristin OrthGordinier Frank Penry Matt Wargula Lucas Piper Jennifer Richards Heather Medina Project Director Project
Manager
Senior
Transportation
Planner
Active
Transportation
Transportation
Planner
Senior
Transportation
Planner
Outreach
Coordination
Senior Design
Engineer
Design Engineer Senior
Landscape
Architect
Senior Finance Senior Admin
hourly wage: 84.84 54.32 43.27 52.25 36.54 86.54 43.27 95.13 88.94 69.71 51.97 38.69 fringe: 29.68% 25.18 16.12 12.84 15.51 10.85 25.69 12.84 28.23 26.40 20.69 15.42 11.48 overhead: 153.06% 129.86 83.14 66.23 79.97 55.93 132.46 66.23 145.61 136.13 106.70 79.55 59.22 G&A: 0.0% - - - - - - - - - - - -
fee: 10.0% 23.99 15.36 12.23 14.77 10.33 24.47 12.23 26.90 25.15 19.71 14.69 10.94 hourly rate: 263.86 168.94 134.58 162.50 113.64 269.15 134.58 295.87 276.62 216.81 161.63 120.33 Todd
Tregenza
Rosanna
Southern
Paige
Peel
Emily Shandy Holly
Murphy
Colin Burgett Kristin OrthGordinier Frank Penry Matt Wargula Lucas Piper Jennifer Richards Heather Medina TASKS
Project
Director
Project
Manager
Senior
Transportation
Active
Transportation
Transportation
Planner
Senior
Transportation
Outreach
Coordination
Senior Design
Engineer
Design
Engineer
Senior
Landscape
Senior
Finance
Senior Admin

1.0 6 40 4 0 44 0 8 0 0 0 0 0 102.00 $14,956.17
6 40 4 0 44 0 8 0 0 0 0 0 102.00 $14,956.17

2.0 2 16 20 0 80 0 0 0 0 0 4 4 126.00 $16,141.75
2 16 20 0 80 0 0 0 0 0 4 4 126.00 $16,141.75

3.0 4 50 118 12 200 10 0 0 0 0 6 4 404.00 $54,204.14
4 50 118 12 200 10 0 0 0 0 6 4 404.00 $54,204.14

4.0 4 74 30 4 160 4 0 6 34 34 6 0 356.00 $57,025.66
4 74 30 4 160 4 0 6 34 34 6 0 356.00 $57,025.66

5.0 2 58 12 4 70 4 0 0 4 0 2 0 156.00 $23,052.79
2 58 12 4 70 4 0 0 4 0 2 0 156.00 $23,052.79
18 238 184 20 554 18 8 6 38 34 18 8 1,144.00
Total Primary Tasks Cost $165,380.51
Total Task 1
Recommendations & Draft Study/Plan
Total Task 4
Public Participation - Community Outreach & Stakeholder InvolvementFinal Study/Plan and City Council Approval Total Task 5
Exiting Condtions Needs Assessment
Total Task 2
Research and Analysis
Total Task 3

TOTAL LABOR HOURS
COST PROPOSAL: TASK EFFORT RATE SHEET
assigned staff:
classification:

TASK

HOURS TASK COSTS
TASK HOURS ASSIGNED TO STAFF:

GHD Inc.

Primary Consultant
GHD | City of Ukiah | School Street Multimodal Transportation Study | FEE - 3

Note: Caltrans policy and business practice does not permit markup on Other Direct Cost items.

Define a unit cost and assign a dollar value for each item.

Item: Unit Description #units unit price cost
Mileage $ 0.670 $ -
Equipment RentalEvent Printing 3 $ 203.16 $ 609.48
Reproduction/printing - rate 1 0 $ 200.00 $ -
Postage/delivery - rate 1 $0.00Rental Car 8 $ 180.00 $ 1,440.00Other (specify) 8 $ 200.00 $ 1,600.00Other (specify) 8 $ 60.00 $ 480.00 OTHER DIRECT COSTS 4,129.48 $
Detail: Equipment Rental Worksheet brief description - rate basis day/week/job; estimate rental fee for each iterental fee item 1 $ -
item 2 $ -
item 3 $ -
item 4 $ -
item 5 $ -
item 6 $ -
item 7 $ -
item 8 $ -
item 9 $ -
item 10 $ -
item 11 $ -
item 12 $ -
item 13 $ -
item 14 $ -
item 15 $ -
item 16 $ -
last item $ -
$ -
SUBTL TASK EFFORT COST $165,380.51
GHD Inc. SUBTL OTHER DIRECT COST $ 4,129.48
TOTAL COST $169,509.99
Detail: Reproduction/printing Detail: Postage/delivery
subtotal reproduction/printing $0.00 subtotal postage/delivery $0.00 At costPer Diem (Lodging)Average cost
COST PROPOSAL: OTHER DIRECT COSTS
See detail attached At costSee detail attached Per Diem (M&IE) Overnight delivery 10 @$25 = $250 First class USPS 50 @$5.00 = $250. UPS Ground 10@15 = 150 subtotal equipment rental
Tuesday, September 24, 2024
GHD Inc.

Primary Consultant
IRS mileage rate.

GHD | City of Ukiah | School Street Multimodal Transportation Study | FEE - 4

B. PROJECT Subconsultant #1
NAME OF FIRM:

ROLE IN THE PROJECT:

Dan Burden Sarah Bowman
Public
Engagement
Lead
Public Engagement
Communication Lead
hourly wage: 175.00 100.00 0.00 0.00 0.00 0.00
fringe: 25.00% 43.75 25.00 - - - - -
overhead: 20.00% 35.00 20.00 - - - - -
G&A: 5.00% 8.75 5.00 - - - - -
fee: 10.00% 26.25 15.00 - - - - -
hourly rate: 288.75 165.00 - - - - -
Dan Burden Sarah Bowman 0 0 0 0 0
TASKS
Public
Engagement
Lead
Public Engagement
Communication
Lead
0 0 0 00

1.0 118 40 0 0 0 0 0 158.00 $40,672.50
118 40 0 0 0 0 0 158.00 $40,672.50

2.0 18 14 0 0 0 0 0 32.00 $7,507.50
18 14 0 0 0 0 0 32.00 $7,507.50

3.0 8 8 0 0 0 0 0 16.00 $3,630.00
8 8 0 0 0 0 0 16.00 $3,630.00

4.0 20 18 0 0 0 0 0 38.00 $8,745.00
20 18 0 0 0 0 0 38.00 $8,745.00

5.0 4 0 0 0 0 0 0 4.00 $1,155.00
4 0 0 0 0 0 0 4.00 $1,155.00
168 80 0 0 0 0 0 248.00
Total Primary Tasks Cost $61,710.00
classification:

COST PROPOSAL: TASK EFFORT RATE SHEET
assigned staff:

BLUE ZONES
Subconsultant #1
TASK

HOURS TASK COSTS
TASK HOURS ASSIGNED TO STAFF:

Total Task 3
Public Participation - Community Outreach & Stakeholder Involvement Total Task 1
Exiting Condtions Needs Assessment
Total Task 2
Research and AnalysisRecommendations & Draft Study/Plan Total Task 4
Final Study/Plan and City Council Approval
Total Task 5

TOTAL LABOR HOURS
GHD | City of Ukiah | School Street Multimodal Transportation Study | FEE - 5

Note: Caltrans policy and business practice does not permit markup on Other Direct Cost items.

Define a unit cost and assign a dollar value for each item.

Item: Unit Description #units unit price cost
Mileage - $ 0.670 $ -Event Venue 0 500.00 $ $ -Event Printing (Posters, Lawn Signs) 3 300.00 $ $ 900.00Event Catering (30-50 ppl) 3 200.00 $ $ 600.00 Rental Car 8 125.00 $ $ 1,000.00
Flight 4 800.00 $ $ 3,200.00
Hotel 8 200.00 $ $ 1,600.00
Meals 8 60.00 $ $ 480.00
OTHER DIRECT COSTS 7,780.00 $
Detail: Equipment Rental Worksheet brief description - rate basis day/week/job; estimate rental fee for each item rental fee itme 1 $ -item 2 $ -item 3 $ -item 4 $ -item 5 $ -item 6 $ -item 7 $ -item 8 $ -item 9 $ -item 10 $ -item 11 $ -item 12 $ -item 13 $ -item 14 $ -item 15 $ -item 16 $ -last item $ - $ -
SUBTL TASK EFFORT COST $61,710.00
BLUE ZONES SUBTL OTHER DIRECT COST $ 7,780.00
TOTAL COST $69,490.00
Detail: Reproduction/printing Detail: Postage/delivery
subtotal reproduction/printing $0.00

BLUE ZONES
COST PROPOSAL: OTHER DIRECT COSTS
Subconsultant #1
IRS mileage rate. At costAt costAt costAt costAt costPer Diem (Lodging)Per Diem (M&IE) subtotal equipment rental
Tuesday, September 24, 2024
Overnight delivery 10 @$25 = $250 First class USPS 50 @$5.00 = $250. UPS Ground 10@15 = 150 GHD | City of Ukiah | School Street
Multimodal Transportation Study |Page 205 of 592 FEE - 6 C. BASE PROJECT BUDGET
Wages
Assigned Staff hours @rate cost
Todd Tregenza 18.00 84.84 1,527.12
Rosanna Southern 238.00 54.32 12,928.16
Paige Peel 184.00 43.27 7,961.68
Emily Shandy 20.00 52.25 1,045.00 Holly Murphy 554.00 36.54 20,243.16 Colin Burgett 18.00 86.54 1,557.72 Kristin Orth-Gordinier 8.00 43.27 346.16 Frank Penry 6.00 95.13 570.78
Matt Wargula 38.00 88.94 3,379.72 Lucas Piper 34.00 69.71 2,370.14 Jennifer Richards 18.00 51.97 935.46 Heather Medina 8.00 38.69 309.52 0 0.00 - - 0 0.00 - -
0 0.00 - -
0 0.00 - -
Wages = $53,174.62
Fringe Benefits:

Wages base @rate cost
$53,174.62 0.2968 15,782.23
Benefits = $15,782.23
Indirect costs:

Wages base @rate cost
Overhead = $53,174.62 1.5306 81,389.07
G&A = $53,174.62 0 -
Indirect = $81,389.07
Fee:

Fee base @rate cost
Wages+Benefits+Indirect = $150,345.92 0.10 15,034.59
Fee = $15,034.59
SUBTOTAL wages+benefits+indirect,+fees = $165,380.51
Senior AdminOutreach Coordination
000
Senior Design EngineerDesign EngineerSenior Landscape ArchitectSenior Finance COST PROPOSAL: BUDGET
Classification
Project DirectorProject ManagerSenior Transportation PlannerActive TransportationSenior Transportation PlannerTransportation Planner 0 GHD | City of Ukiah | School Street Multimodal Transportation Study | FEE - 7

Other Direct:
item # units price cost
Mileage - 0.670 -
Equipment Rental - - -
Event Printing 3.00 203.160 609.48 Reproduction/printing - rate 1 - 200.000 -
Postage/delivery - rate 1 - - -
Rental Car 8.00 180.000 1,440.00
Other (specify) 8.00 200.000 1,600.00
Other (specify) 8.00 60.000 480.00
SUBTOTAL Other Direct = $ 4,129.48
TOTAL PRIMARY CONSULTANT COSTS $ 169,509.99
Subconsultants: Cost
Sub 1 69,490.00 $ Sub 2 -$ Sub 3Sub 4Sub 6
$69,490.00
$238,999.99
Additional Subconsultant #Average costSee detail attached Per Diem (Lodging) TOTAL CONSULTANT + SUBCONSULTANT COSTS

BLUE ZONES
FIRM NAMELast Additional SubconsultantAdditional Subconsultant #

TOTAL SUBCONSULTANT COSTS
Additional Subconsultant #
Firm
See detail attached Per Diem (M&IE)
unit description
At costAt costIRS mileage rate.

GHD | City of Ukiah | School Street Multimodal Transportation Study | FEE - 8

GHD City of Ukiah    School Street Multimodal Transportation Study FEE - 9 Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No.
$90.00 $150.00 $ $
$70.00 $130.00 $ $
$60.00 $120.00 $ $
$30.00 $80.00 $ $
$15.00 $30.00 $ $
$50.00 $130.00 $ $
$15.00 $60.00 $ $
1 106.00 106.00
107.00
EXHIBIT 10-H COST PROPOSAL Page 1 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (PLANNING, DESIGN AND STUDIES)
GHD
Prime Consultant Subconsultant 2nd Tier Subconsultant
Total

DIRECT LABOR
Name/Classification Name Hours Actual/
Average Hourly Rate
Date
Technical Director 1- 2 1 102.00
Senior Professional 1 - 2 1 103.00 103.00
102.00
Senior Technical Director 1 - 3 1 101.00 101.00
104.00 104.00
Project Support 1 - 6 1 107.00
GHD
GHD
Professional 1 - 3 1
Intern GHD 1 105.00 105.00
Project Support Manager/Senior GHD
Average Range of Rates
GHD
GHD
GHD

Alisha A. Hicks, Manager
Contracts and Audit ComplianceOffice of Regional and Community PlanningDivision of Transportation Planning 8/27/2024
ATTACHMENT 3

Agenda Item No: 8.e.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-636

AGENDA SUMMARY REPORT
SUBJECT: Approval of a Budget Amendment in the Amount of $280,893.50 for Additional Road Reconstruction Services from Ghilotti Construction Inc., on Low Gap Road Related to the Recycled Water Project Phase 4.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works/City
Engineer
ATTACHMENTS:

None
Summary: Council will consider approving a budget amendment for additional road reconstruction on Low Gap Road as part of the Recycled Water Project Phase 4.

Background: In January 2024, Council approved a budget amendment for additional road reconstruction and ADA enhancements along Low Gap Road. This work was meant to not only reconstruct the roadway after utility replacement but also enhance the road with pedestrian, ADA improvements and enhanced striping.

Discussion: During construction, the City took the opportunity to expand the paving limits to include failed portions of Low Gap that were adjacent to the original paving limit. This area included high traffic areas in front of the County of Mendocino offices. This increased the amount of the actual quantities used for this category of work, which then increased the cost that exceeded the current funding sources for this project. Therefore, a budget amendment is necessary. The State of California's Highway Users Tax funding will be used for this additional work.

Recommended Action: Approve budget amendment in the amount of $280,893.50 for the additional road reconstruction services from Ghilotti Construction Inc. on Low Gap Road related to the Recycled Water Project Phase 4.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 50024620.80230.18052: $0
PROPOSED BUDGET AMOUNT: 50024620.80230.18052: $280,894
FINANCING SOURCE: Highway Users Tax Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 2223-220 COORDINATED WITH: Jason Benson, Senior Engineer, Mary Horger, Financial Services Manager and Tim Eriksen, Director of Public Works
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP): GP-A3 - Mobility Element GP-A6 - Safety Element

Agenda Item No: 8.f.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-641

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Execution of Amended and Restated Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority and Reaffirm the Continued Appointment of Vice-Mayor Crane and Councilmember Orozco as the Two Representatives to the Ukiah Valley Water Authority.

DEPARTMENT: Water Resources PREPARED BY: Sean White, Water Resources Director PRESENTER: Sean White, Water Resources Director.

ATTACHMENTS:

1. Joint Powers Agreement - Redline & Clean

2. Exhibit B

3. Exhibit C
Summary: Council will consider approving the Amended and Restated Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority and appointing two representatives to the Ukiah Valley Water Authority.

Background: There are a number of governmental water service providers in the greater Ukiah Valley. Providers include: the City of Ukiah (City), Willow County Water District (Willow), Millview County Water District (Millview), Calpella County Water District (Calpella) and Redwood Valley County Water District (Redwood). The concept of consolidating these service providers into a single entity has been a long-term community goal. Potential benefits of consolidation are numerous and include a cohesive water policy for the region, maximization of water rights, more uniform water security and availability, staffing, expanded rate base and reduced litigation. There have been a number of past attempts at accomplishing this goal, most notably the Valley-wide Task Force initiated in 1990, as well as a number of Mendocino County Grand Jury Reports.

The Upper Russian River Water Agency (URRWA) was formed in 2014 with the intent of accomplishing these goals. URRWA is a Joint Powers Authority (JPA) "working together for the voluntary consolidation of Ukiah Valley's Water Districts". The board includes a single member from Willow County Water, Calpella County Water, Redwood Valley County Water, Millview County Water, and most recently the Ukiah Valley Sanitation District. UURWA's goals include creating a more logical form of governance over our water resources, coordinating the operations of our districts into one regional water agency, sharing resources to create a unified approach to consolidation, to provide economies of scale that keep rates affordable, and to ensure a reliable long-term water supply for all land uses. URRWA has made significant progress on many of these goals, but it has not significantly improved water supply reliability or streamlined governance. The URRWA model is commonly referred to as managerial consolidation, rather than complete consolidation. In this model there is a single operator, but multiple boards and decision-making bodies remain.

In February of 2024, the City Council approved the original Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority (the "Water Authority"). The original members of the Water Authority are: the City, Millview County Water District, and Redwood Valley County Water District. Vice-Mayor Crane and Councilmember Orozco currently serve onbehalf of the City of Ukiah on the corresponding executive committee.

Discussion: Issues related to numerous, small agencies serving a single community are not unique to the Ukiah Valley. In an attempt to address similar issues state-wide, the State Water Resources Control Board

(SWRCB) started the Safe and Affordable Funding for Equity and Resilience (SAFER) program in 2019. Since that time, the SWRCB has made consolidation of water providers through the SAFER program a top priority. Districts consolidating through the SAFER program are eligible for SWRCB grants and loans to facilitate the consolidation processes well as construct and update required infrastructure.

City Staff was contacted in the summer of 2022 by SAFER about participating in the program. City Staff then reached out to the members of URRWA to see if there was interest in consolidating through the SAFER Program. An ad hoc committee with members from the City, Willow, Millview, Calpella, and Redwood has been meeting regularly since October of 2022 to discuss the opportunity and develop a Joint Powers Authority (Attachment 1 - reline and clean) to serve as the vehicle for consolidation through the SAFER program.

The Water Authority is the result of many staff meetings, ad hoc meetings, as well as counsel input from each of the entities. In some ways, the UVWA is similar to URRWA. It is different, however, in that it explicitly intends to go beyond "managerial consolidation" and to eventually achieve complete consolidation over time, which is the goal of the SAFER program.

Though the City, Millview, and Redwood originally signed the Joint Exercise of Powers Agreement, Willow did not. In the intervening time, the Water Authority members' staff have continued to engage with Willow.

Through that engagement, it became apparent that the most efficient and productive way to address Willow's interests was to amend and restate the existing agreement.

Amending and restating the agreement accomplishes several things:

1. Doing so addresses Willow's interest in being treated with parity among the other members. Willow is, in fact, a key agency in a Ukiah Valley-wide approach to more efficiently and sustainably distributing our water resources, and they have been involved in discussions about creating the Water Authority from the outset.

2. Doing so provided Willow with the same assurances provided to the original members while avoiding the potential for a separate agreement between the Water Authority and Willow. This also avoids setting a pattern of having multiple agreements, potentially complicating the relationships between the members.

3. Doing so provides the opportunity to address certain issues that have arisen in the original agreement ince its original execution. Examples include providing an explicit Effective Date and providing more clarity for which agencies are members and how agencies may become members to the Water Authority. This anticipates other agencies also joining the Water Authority later, while avoiding the need to amend and restate the JPA a second time.

4. Incorporates sewer services as part of the Water Authority's functions. These provisions were struck when it became apparent that Calpella would not be an original signer of the original agreement. The changes thus contemplate and provide for Calpella executing the amended and restated agreement and joining the Water Authority without having to amend and restate the JPA a second time.

Key points of the amended and restated agreement remain the same and (Attachment #1) are:
• JPA is a separate legal entity from members and is separately liable for its debts. • The Agreement creates the Ukiah Valley Water Authority, a Joint Exercise of Powers Authority. • Other initial members are Millview County Water District and Redwood Valley County Water District. • Other public agencies may join. (See Section 14).
• UVWA will be run by the Water Executive Committee (Sections 5 and 6). • Two representatives from each member serve on the Water Executive Committee. • The Water Executive Committee sets an annual budget for the Combined Water System. • The Water Executive Committee has the power to set rates and collect levies (Section 6.A). • The City will provide management and O&M services to the JPA under contract. • The City will hire any District employees who wish to be. • City may be asked to provide services to additional non-parties (Section 9). • The Parties commit to mutual cooperation.
• City to submit Out of Areas Service Agreements to LAFCo for services outside the City and the Districts. • Districts will support the City Annexation of the entire territory of Districts when allowed by LAFCO law.

• A Party may withdraw with an effective date of July 1st on 90 days’ notice. (Section 10). • Upon withdrawal, withdrawing Party regains control of its assets; provided, however, that to the extent any asset has been improved for the benefit of other Parties, the withdrawing Party must continue to serve benefitted customers.
• Absent agreement, assets serving more than one Party remains part of Combined Water System. • Grant funding in excess of $1m leads to change in organization when approved by LAFCO (Section 11.C). • Modification of Water Rights (Section 12).
• Parties will work together to modify their existing water rights to allow for the provision of water service across footprint of UVWA.
• Robust mediation and dispute resolution provisions (Section 20). • Key Exhibits
-Each Party’s Water System (Exhibit A - not attached due to large file; can be viewed by request to the clerk). -Ukiah’s Cost Allocation Plan (Exhibit B - Attachment 2) -Placement of District Employees in the City (Exhibit C - Attachment 3). - List of Member Agencies (Exhibit D - not attached)
- Description of the Relevant Parties' Sewer Systems (Exhbit E - not attached)

Recommended Action: Approve the Amended and Restated Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority and authorize the Mayor/City Manager to execute the agreement on behalf of the City, and to make any modifications that do not make material, substantive changes to the agreement, including approval of Exhibits A-E thereto, and if approved reaffirm the continued appoint of Vice-Mayor Crane and Concilmember Orozco as the two representatives to the Ukiah Valley Water Authority.

BUDGET AMENDMENT REQUIRED: NA
CURRENT BUDGET AMOUNT: NA
PROPOSED BUDGET AMOUNT: NA
FINANCING SOURCE: NA
PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA
COORDINATED WITH: Council Ad-hoc Crane & Orozco; Sage Sangiacomo, City Manager; David Rapport, City Attorney; Phillip Williams, Legal Counsel.

DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP):GP-A1 - Land Use Element, GP-A2 - Economic Development Element; GP-A4 - Public Facilities, Services, and Infrastructure Element; GP A5 - Environment and Sustainability Element

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR

THE UKIAH VALLEY WATER AUTHORITY
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) becomes effective on October 1, 2024,the date (the “Effective Date”) it is executed on behalf of the last of the Parties to do so in Ukiah, California, among and between the City of Ukiah, a general law municipal corporation (the “City”), Millview County Water District (“Millview”), and Redwood Valley County Water District (“Redwood”), and Willow County Water District (“Willow”) all three of which areboth County Water Districts formed pursuant to Division 12 of the California Water Code, commencing with Water Code Section 30000) (collectively the “Districts,” when referring to Millview, or Redwood, or Willow, and the “Parties,” when referring to the Districts and the City, and individually a “Party”), all of which are organized and existing under and by virtue of the Constitution and the laws of the State of California. Upon execution by the Parties, this Agreement supersedes that previously-executed Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority entered between Ukiah, Millview, and Redwood on April 1, 2024.

RECITALS:

1. The Parties are each empowered by law to acquire real property, construct, equip, staff, maintain, operate and lease public and private improved and unimproved real and personal property and related facilities, including, but not limited to, water sources and water rights, to provide water and wastewater collection and treatment services, set and collect fees for service, including connection fees and fees for permits and other purposes, and to borrow funds for said purposes. Each of the Parties is authorized and obligated to deliver a clean, safe, and reliable water supply to its customers and constituents.

2. Each of the Parties is a public agency, as defined in the Joint Exercise of Powers Act, Government Code Section 6500, et seq. (the “JEP Act”) at Government Code Section 6500, authorized and empowered to contract for the joint exercise of common powers under the JEP Act.

3. The JEP Act provides that two or more public agencies may by agreement jointly exercise any powers common to the parties to the agreement, including, but not limited to, the authority to levy a fee, assessment, or tax. Under Government Code Section 6502, it shall not be necessary that any power common to the contracting parties be exercisable by each such contracting party with respect to the geographical area in which such power is to be jointly exercised.

4. The Parties recognize the benefits to each and all of them that will result from the coordinated use of their respective water resources and water systems before or without formal annexation or consolidation of the Parties into a single agency. The Parties enter into this Agreement to immediately maximize use of their respective and collective existing resources, create cost-saving opportunities, reduce duplication, maintain local control, and continue to deliver water services at a high level of service for the benefit of their customers and constituents.

5. The Parties desire to, and by this Agreement do, create a joint powers authority pursuant to the JEP Act that is named the Ukiah Valley Water Authority (“UVWA”).

6. The Parties recognize the benefits to each and all of them that will result from the immediately combined administration, operation, and maintenance of their respective water systems as a single and integrated water system before or without formal annexation or consolidation of the Parties into a single agency. The Parties intend this Agreement in part to enable UVWA’s receipt of much-needed State funding to improve and integrate water system infrastructure across the Parties’ respective service areas. As any such funding becomes available, the Parties recognize UVWA or another local government agency will be responsible for obtaining and allocating ATTACHMENT 1 - redline

such funds and implementing projects and improvements and integrating the Parties’ respective water systems into a Combined Water System.

7. The Parties recognize that the coordination of water resources and combination of water services as provided for in this Agreement will require the City to seek changes in organization as provided for by the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000 (the “CKH Act”) and which changes in organization may need to be approved by the Mendocino Local Agency Formation Commission, and other local agencies.

8. The Parties desire to accomplish the aforesaid purposes by jointly exercising their common powers in the manner set forth in this Agreement.

9. The Parties have determined that the goal of this Agreement shall be to combine and coordinate the operations of their respective water systems to obtain efficiencies not otherwise available by operation as a Combined Water System in accordance with the terms of this Agreement before or without formal annexation or consolidation of the Parties into a single agency, except as the law may otherwise require, as they may otherwise subsequently agree, or as this Agreement provides otherwise.

10. Each Party shall retain ownership of its respective system as it exists on the Effective Date or as it may be modified, added to, or enlarged in the future, unless and until a change of organization affecting such ownership is approved pursuant to the CKH Act or other law, as may be required as a condition of grant funding.

11. Among the assets the Parties bring to the Combined System are water rights. Nothing in this Agreement shall be interpreted to transfer such a water right from a Party to UVWA or to another Party; any such transfers shall occur in the manner required by law. Other than as expressly addressed herein, this Agreement shall not be interpreted to require the use of a water right other than as currently permitted by law. Similarly, some assets are subject to liens for debt and other such claims. Nothing in this Agreement shall require or authorize any act in contravention of such third-party rights. However, it is the goal of this Agreement to achieve a Combined Water System and to obtain the right to serve water throughout the combined service areas of the Parties without respect to its source.

12. The approval of this Agreement is not a project subject to the California Environmental Quality Act (CEQA) because it does not require more than the operation of the Parties’ respective Water Systems to serve their existing customers and will therefore have no reasonably foreseeable impact on the environment. (State CEQA Guidelines section 15378(b)(2), (4), (5); section 15061(b)(3) [the “common sense” exemption].) However, the implementation of this Agreement will likely involve “projects” within the meaning of CEQA, such as annexations under the Cortese-Knox-Hertzberg Act, the construction of water utility infrastructure, and the amendment of water rights. It is not presently possible to accurately foresee the details of such projects and evaluation of their impacts now would be unduly speculative. Accordingly, review of the environmental impacts of such projects is therefore appropriately undertaken when those projects are proposed, and their details better known. Such review shall be informed by applicable law, including these CEQA exemptions: CEQA Guidelines sections 15301 (existing facilities), 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), 15319 (annexations of existing facilities), and 15320 (changes in organization of local governments).

AGREEMENT:

Based on the foregoing Recitals, which are incorporated in this Agreement by this reference, and the terms and conditions set forth below, the Parties, for and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as follows:

Section 1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings indicated below unless the context shall plainly require otherwise:
“Collaborate” is defined in Section 5.B.4 below.
“Combined Water System” means two or more Parties’ Water Systems and all the components thereof as may be altered, improved, constructed, or added to after the date the respective Party executes this Agreement, which have been operationally integrated in the performance of this Agreement. “Effective Date” is defined in the introductory paragraph above. “Legislative Body(ies)” means each District’s Board of Directors and the City Council of the City. “Representative” means a member of a Party’s Legislative Body appointed by that Legislative Body to serve on the Water Executive Committee.
“Revenues” means any and all revenues produced by the Combined Water System, a Sewer System, and/or other operations authorized in this Agreement, including, but not limited to, revenues from fees and charges described in Sections 6.A.3, 6.A.4 and 6.A.5.
“Services” means the City’s exercise of the joint powers conferred by this Agreement pursuant to Section

6. “Services Start Date” means on or around January 1, 2025, or as determined by the Water Executive Committeethe first July 1 after the Effective Date unless the City and the Water Executive Committee otherwise agree in writing.
“Sewer System” means a Party’s infrastructure, components, and parts which are owned, operated, and/or used by that Party to capture, treat, deliver, and/or manage sewage as provided for by law, which the Party has requested the Water Executive Committee to manage, operate, and/or own. Should a Party request the Water Executive Committee to manage, operate, and/or own that Party’s Sewer System, that requesting Party shall provide a description of its Sewer System as of the date it makes the request. The description of the Sewer System shall be included under Exhibit E upon the Water Executive Committee’s agreement to accept the request. Rolling stock and other tangibles any Party uses to provide the Services do not constitute part of any other Party’s Sewer System.
“Water Executive Committee” means the body comprised of two Representatives from each Party and the duties, authorities, and responsibilities of which as to the Combined Water System are defined in this Agreement. “Water System” means a Party’s infrastructure, components, and parts which are owned, operated, and/or used by that Party to capture, treat, deliver, and/or manage water for any use provided for by law. A description of each Party’s respective Water System as of the Effective Date or the date it entered this Agreement is attached

hereto as Exhibit A. Rolling stock and other tangibles the City uses to provide the Services do not constitute part of any other Party’s Water System.
“Water System Enterprise Fund” means the fund or funds established by the City to account for receipts and expenditures, assets, and liabilities for the Combined Water System in which all such Revenues are accounted.

Section 2. UVWA’s MANNER OF EXERCISE OF POWERS.

A. UVWA is a public entity separate from the Parties.

B. The City shall file with the Secretary of State, State Controller, and the Mendocino Local Agency Formation Commission a notice in accordance with Government Code Sections 6503.5 and 6503.6, and shall file notices, as appropriate, in accordance with Government Code Section 53051 promptly following the Effective Date and upon any amendment to this Agreement. The City shall file a further report under Government Code Section 53051 upon each change in the membership of the Water Executive Committee.

C. For purposes of Government Code Section 6509, UVWA shall exercise its powers subject to the restrictions upon the manner of exercising such powers as are imposed upon the City of Ukiah, a general law city.

Section 2.1. OFFICERS, EMPLOYEES AND AGENTS; IMMUNITIES. A. Any UVWA officer, employee, or agent may also be an officer, employee, or agent of any Party with the consent of all Parties. The Water Executive Committee’s approval of the appointment or employment of such a person shall constitute a determination that the two positions are compatible.

B. All privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workers’ compensation, and other benefits which apply to the activities of officers, agents, or employees of a Party when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and duties under this Agreement.

C. No officer, agent, or employee directly employed by UVWA, if any, shall be deemed, by reason of that employment, to be employed by any Party or to be subject to any of the requirements of any Party.

Section 2.2. LIABILITIES; PENSION LIABILITY. A. UVWA’s debts, liabilities, and obligations shall be its debts, liabilities, and obligations alone and not those of the Parties except as they may otherwise agree by written contract.

B. During the effectiveness of Government Code Section 6508.2 or other law imposing liability on the Parties for unfunded liabilities due the California Public Employees’ Retirement System or another pension provider to be paid upon termination of this Agreement and dissolution of UVWA, the Parties agree that any such liability shall be apportioned among them as they shall agree in writing when a contract with Cal PERS is approved or, failing such agreement, in proportion to the rate revenue from customers within the territory of each Party in the last fiscal year for which audited financial reports exist when the determination is made.

Section 2.3. EXERCISE OF JOINT POWERS.

This Agreement is made pursuant to the JEP Act to permit the joint exercise of powers common to the Parties. The purpose of this Agreement is to exercise these powers jointly by managing, equipping, maintaining, and operating the Combined Water System and any Sewer System. Such purpose will be accomplished, and common powers exercised, in the manner set forth in this Agreement. The Parties may use the designation “Ukiah Valley Water Authority” to identify the provision of the services provided under this Agreement, including those on equipment, uniforms, buildings, letterhead, phone, and other directories.

All pre-existing obligations, rights, and privileges of the Parties shall continue hereunder, subject to the terms and conditions of this Agreement.

Section 3. TRANSITION OF SERVICES AND SERVICE LEVEL.

Section 3.1. TRANSITION OF SERVICES FROM WILLOW.

The Parties acknowledge that Willow provides water services to other agencies, including Millview, Redwood, and agencies not a Party to this Agreement. The Parties intend through this Agreement to transition performance of services to these agencies from Willow to Ukiah and to do so in accordance with existing agreements. The services Willow provides to these agencies may be controlled by written agreement, and the Parties agree to take reasonable steps to transition the services to Ukiah in such a way as to limit impacts to water users currently served by Willow due to the transition of services, including the City providing Services to these other agencies on terms reasonably acceptable to the parties.

Section 3.2. SERVICE LEVEL.

Commencing on the Services Start Date, the City shall provide the Services to allow efficient, coordinated operation of Combined Water System and any Sewer System inclusive of wells, storage facilities, pump stations, treatment facilities, distribution systems, and related managerial and administrative services and water rights, to the extent and in the manner consistent with this Agreement and annual budgets approved by the Water Executive Committee.

Section 4. TERM.

This Agreement shall commence on the Effective Date and shall be binding upon the Parties, and shall continue in full force and effect until such time as the Parties agree to terminate the Agreement as set forth in Sections 10 or 11, or only one Party to the Agreement remains due to annexations, other changes of organization under the CKH Act, or other reasons. A Party may withdraw from this Agreement as provided in Section 10 below.

Section 5. WATER EXECUTIVE COMMITTEE.

A. The Water Executive Committee shall perform the duties set forth in Section 6.

B. MEETINGS OF THE WATER EXECUTIVE COMMITTEE.

1. The Water Executive Committee shall establish a schedule for its regular meetings, which must be at least monthly. The Water Executive Committee may call special meetings, as may be needed from time to time, and/or may cancel regular meetings if deemed appropriate.

2. A majority of the Water Executive Committee’s members shall constitute a quorum for the transaction of business. A majority vote of the Water Executive Committee’s members is required to take action, Formatted: Indent: First line: 0.25"

although a lesser number may adjourn for lack of a quorum.

3. The Water Executive Committee shall comply with the Ralph M. Brown Act, Gov. Code sections 54950, et seq.

4. For those duties of the Water Executive Committee requiring collaboration, “collaboration,” “collaborate,” or “collaborative” shall mean the meaningful and timely process of the Representatives each seeking, discussing, and carefully considering the information and views of each Party in a manner that is cognizant of all Parties’ values, reasonably attempting to reach agreement through cooperative efforts for the mutual benefit of the Parties. Collaboration among the Representatives shall be conducted in a way that is mutually respectful of each District’s authority and responsibilities as a County Water District and the City’s authority and responsibilities as a general law city, and shall consider the views of a Party as expressed by its Representatives. A Representative need not engage in dialog with Legislative Bodies other than his or her own appointing authority.

C. PARTY APPOINTMENT AND VOTING RIGHTS OF MEMBERS. Each Party shall appoint two members from its legislative body to serve on the Water Executive Committee. Each Party shall have two seats on the Water Executive Committee, and each member of the Water Executive Committee shall have one vote, with these exceptions:

1. If a member is the sole representative of a Party at a meeting due to an absence or vacancy, he or she may cast all votes that Party is authorized to cast; provided, however, that the absent representative has attended at least three-quarters of the regular meetings held by the Water Executive Committee that calendar year..

2. If a Party merges or consolidates into another, the successor agency shall acquire the votes of the merged or consolidated agency. So, for example, if a District is merged into the City, the City shall hold its own votes and the votes previously assigned that District.

D. TIE VOTES. Any tie vote of the Water Executive Committee shall be resolved as provided in Section 20 below unless the Water Executive Committee otherwise directs at the meeting at which the tie vote occurs.

Section 6. POWERS AND DUTIES OF THE WATER EXECUTIVE COMMITTEE.

A. DUTIES. The Water Executive Committee shall be the governing body of UVWA. The Water Executive Committee shall take any and all actions within the authorities specified in this Agreement which are necessary and appropriate to implement the purposes of this Agreement, including, but not limited to, any or all of the following:

1. To prepare and adopt budgets for the Water System Enterprise Fund in accordance with all applicable legal requirements. The budgets shall include the annual expenses for the Services, including, but not limited to, costs of administration, operation, maintenance, repair of, and capital improvements to, the Combined Water System, including those included in Capital Improvement Plans, debt service on bonds, and any other costs of providing the Services;;
a. To create and manage additional enterprise funds, and to prepare and adopt budgets for any such additional enterprise funds in accordance with all applicable legal requirements;

1. b. The budgets shall include the annual expenses for the Services, including, but not limited to, costs of administration, operation, maintenance, repair of, and capital improvements to, the Combined Water System or any Sewer System, including those included in Capital Improvement Plans, debt service on bonds, and any other costs of providing the Services;

2. To set rates to fund the Services in accordance with all applicable legal requirements, including the procedural and substantive requirements of California Constitution, Article XIII D, Section 6 Formatted: Font: Italic
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(“Proposition 218”) for property-related fees charged for the services of the Combined Water System or any Sewer System, which rates shall be adopted with the same notice and right to object or protest provided to City and District ratepayers except as the law may otherwise require;. 2.3. Such rates may be adopted as to zones which reflect the boundaryies of a Party one or more Parties (a “Rate Zone”) and shall neither exceed the reasonable cost of service provided to any such zone nor require ratepayers in one zone to subsidize the cost to serve another zone. In order to create a Rate Zone, and notwithstanding Section 5(C)(1), every voting member of a Party creating a Rate Zone for that Party must vote in a regular meeting of the Water Executive Committee to authorize the creation of a Rate Zone; provided, however. that any such rate in a Rate Zone so created shall neither exceed the reasonable cost of service provided to any such Rate Zone nor require ratepayers outside the Rate Zone to subsidize the cost of service inside the Rate Zone. To the extent rates cannot cover the cost of service in a Rate Zzone, the difference mut be covered by grants, discretionary revenues, or other nonrate revenues. In particular, and without narrowing the foregoing, the Water Executive Committee’s ratemaking in compliance with Proposition 218 and other law shall account for assets each Party brings to this Agreement as depicted in Exhibit A and will not charge that Party’s customers to recreate the remaining utility of those assets;

3.4. To establish connection and/or capacity fees for the temporary or permanent connection of residential, commercial, and industrial users to the Combined Water System or any Sewer System except as the law may otherwise require;

4.5. To establish any other taxes, assessments, fees, or charges reasonably necessary to provide the Services, including fees for permits or inspections, provided that all such fees shall comply with this Agreement and applicable provisions of Proposition 218 and California Constitution, Article XIII C, section 1, subdivision (e) (“Proposition 26”), and other applicable law;

5.6. To adopt ordinances and regulations enforceable within the jurisdictional boundaries of each Party governing the Combined Water System or any Sewer System and service to its users as required, and to the extent authorized, by law as necessary to provide the Services. The Parties shall collaborate to avoid conflicts or inconsistencies between ordinances or regulations adopted by a Party and ordinances or regulations adopted by the Water Executive Committee pursuant to this Agreement. No Party shall have any duty to enforce an ordinance or regulation other than its own; and 6.7. To maximize the availability of water to meet the collective needs of the Parties within the boundaries of each Party through the use of the collective water rights and supplies of each Party, subject to the terms and conditions of Section 12 of this Agreement; and. 7. All customers of the Parties, including agricultural customers, either before, after or absent consolidation or merger into the Combined Water System, shall have the same right and entitlement to water supplies and service that they enjoyed before the effective date of this Agreement, without discrimination or limitation. This reflects, but is not intended to alter, the legal principle that acquisition of a water supply on which users rely is subject to a duty to continue to serve them. (E.g., Durant v. City of Beverly Hills (1940) 39 Cal.App.2d 133.)

8. To accept grants, loans, and subventions which the Water Executive Committee shall appropriate consistently with the terms of those grants, loans, and subventions; applicable law, and the goal of this Agreement as reflected in the Recitals above.

B. AUTHORITIES, RIGHTS, AND ENTITLEMENTS RETAINED BY THE PARTIES AND THEIR CUSTOMERS.

1. Notwithstanding the foregoing, the Parties retain all their respective authorities to the extent the exercise of those authorities does not directly conflict with the duties and authorities granted to the Water Executive Committee. No Party shall exercise its authorities in a way that directly contravenes the purposes of this Agreement.

2. All customers of the Parties, including agricultural customers, either before, after or absent Formatted: Font: Italic
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consolidation or merger into the Combined Water System, shall have the same right and entitlement to water supplies and service that they enjoyed before the effective date of this Agreement, without discrimination or limitation. This reflects, but is not intended to alter, the legal principle that acquisition of a water supply on which users rely is subject to a duty to continue to serve them. (E.g., Durant v. City of Beverly Hills (1940) 39 Cal.App.2d 133.) Section 7. KEY MANAGEMENT SERVICES.

The City shall provide the Services described in this Section 7 commencing on the Services Start Date.

To provide the Services described herein, the City shall hire all the Districts’ respective employees with a start date of no earlier than the Service Start Date. The employees of the Districts who wish to continue employment and the bargaining unit of the City to which each will be assigned are identified in Exhibit C to this Agreement.

The City hereby waives the right to subject these new employees to probationary periods. Those employees’ rights vis-à-vis the City will otherwise be governed by the City’s collective bargaining agreements with its bargaining units; its current policies, procedures, and ordinances; and applicable law. The management and personnel services identified in Subsections A and B below (“Key Management Services”) shall be provided by the City in accordance with this Agreement. All references to the Water Executive Committee and the Combined Water System shall include any Sewer System.

A. OPERATION AND MAINTENANCE OF THE COMBINED WATER SYSTEM. 1. Other than duties and obligations of the Water Executive Committee, and in consultation with the Water Executive Committee, the City shall provide general administration, operation, and oversight of UVWA all in accordance with this Agreement, applicable statutes, regulations, and applicable ordinances, adopted by the Water Executive Committee consistently with this Agreement. The following are examples of activities and deliverables the City shall provide in performing under this Agreement:
a. Read the meters in the service area;
b. Perform all necessary sampling, including for purposes of water quality; c. Complete all required and routine reports;
d. Respond to all service calls;
e. Schedule a minimum of one on-call service personnel to respond to all after-hours and weekend calls in all service areas covered by this Agreement and/or any contract authorized under this Agreement; and
f. Any other levels of service as requested by the Water Executive Committee and funded in the annual budget.

2. Other than duties and obligations of the Water Executive Committee, and in consultation with the Water Executive Committee, the City may exercise on behalf of the Parties the following powers, and any other powers exercised by a general law city, as needed to perform under Section 7.A.1:
a. To manage, operate, maintain, and repair the Combined Water System, including any buildings, works or improvements comprising part of the systems and located either inside or outside the boundaries of the Parties, in accordance with sound engineering and accounting practices and with all applicable local, state, and federal laws and regulations; provided that the City and UVWA need not enforce any local ordinances but their own; b. To implement the budgets approved by the Water Executive Committee. c. The City cannot increase the total amount of the approved expenditure budget without prior approval of the Water Executive Committee, except as: (i) warranted for an urgent and/or emergency provision of water or sewer service which shall be reported to the Water Executive Committee before its next regular meeting following the expenditure of the funds;

or (ii) to services within the City to be funded by rates levied for those services or other City revenues;
d. To contract for the provision of personal or professional services in connection with providing Services;
e. To enforce ordinances and regulations of the Combined Water System for the Parties and UVWA, including the use of the Combined Water System;
f. To bill for and collect revenue measures established under this Agreement, including the authority of a general law city to terminate water service or other utility services contained in the same bill for nonpayment in accordance with the Public Utilities Code; g. To allocate and assign water rights and water supplies of each Party within the boundaries of the Parties, as necessary for the efficient and cost-effective supply of water to the customers of the Parties, subject to the terms and conditions of Section 12 of this Agreement. h. With the approval of the Water Executive Committee and at City’s sole election, to use any statutory power available to the City under the JEP Act and any other applicable laws, whether heretofore or hereinafter enacted or amended, for issuance and sale of any revenue bonds or other evidences of indebtedness necessary or desirable to finance the exercise of any Services of the City under Section 7, and to borrow from any source including, without limitation, the federal or state governments, for these purposes:

1. To contract for the provision of personal or professional services in connection with providing the Services for the Parties;

2. To contract for the installation or construction of capital improvements to the Combined Water System;

3. To acquire, lease, hold, and dispose of such equipment as may be reasonably necessary or appropriate to the proper operation, maintenance, administration, and management of the Combined Water System or the provision of Services;

4. To file reports associated with the operation, maintenance, administration and management of the Combined Water System and the provision of Services;

5. To implement all requirements of laws and ordinances, applicable to the provision of Services, including, but not limited to, permitting, inspections, monitoring, reporting, and enforcement activities; and

6. To provide City staff or contractors to support UVWA or the Parties in performing functions and responsibilities as requested by the Water Executive Committee.

B. FINANCIAL AND GENERAL SERVICES. 1. The City agrees to provide the Services to UVWA and the Parties for the term of the Agreement, including accounts payable, procurement, billing and accounts receivable, general accounting and reporting, budget development and monitoring, and other general services such as human resources and city clerk services as the City reasonably deems necessary to provide the Services at the level requested by the Water Executive Committee and as can be funded by the budget approved by the Water Executive Committee.

2. The City will perform these services pursuant to any applicable state and federal law and pursuant to City policies and regulations, unless the City and the Water Executive Committee otherwise agree in writing. The City shall perform procurement, contracting and personnel services in accordance with laws applicable to California cities, including, but not limited to, the Uniform Construction Cost Accounting Act. The City is not performing these services as the Parties’ agent, but as a service provider, and the Parties agree that the City does not assume a fiduciary duty to the Parties in the performance of these financial and general services. Nor need the City provide Services beyond what can be funded by the budget approved by the Water Executive Committee.

3. The Parties shall compensate the City for the Services consistently with the annual budget approved by the Water Executive Committee. The City shall have the right to withhold performance of a particular level of service if it considers the funding in an approved budget insufficient to cover the City’s cost in providing that level of service; provided, however, that nothing in this sentence detracts from the City’s obligation to maintain service as provided in Section 6.A.7 of this Agreement.

4. The City’s cost to provide the Services includes indirect costs, such as general administration and overhead. Unless the City and the Water Executive Committee agree otherwise in writing, the City shall charge indirect costs of the Services consistently with Exhibit B.

Section 8. MUTUAL COOPERATION.

A. OUT OF AREA SERVICE AGREEMENT (“OASA”). The City may prepare OASAs on the recommendation of the Water Executive Committee to serve areas outside the boundaries of the Parties but within the City’s sphere of influence, where development could occur with the provision of water services. The City shall submit such OASAs to the Water Executive Committee for review and approval before filing with LAFCo.

This Agreement and any OASA-related tax sharing agreement with Mendocino County shall be attached to and incorporated by reference into any OASA submitted to LAFCo under this Agreement.

B. As long as this Agreement remains in effect and the Parties comply with Sections 8 and 10.B, the City agrees that it will not apply to LAFCo for detachment of District Parties’ territory from the Districts’ boundaries when that territory is annexed to the City unless and until all of the territory of a District is annexed to the City.

C. The Districts agree to support City Annexations and to work cooperatively with the City regarding revisions to the City’s General Plan, Municipal Service Review (“MSR”) and Sphere of Influence (“SOI”) necessary or advisable to enable City Annexations and not to propose or seek LAFCo approval for or support proposed provisions in a District’s MSR or SOI that would inhibit, conflict with, or prevent such City Annexations and/or reorganizations, as described in this Agreement.

D. Pursuant to Government Code Section 57105 or other applicable provisions of state law, the Districts will support LAFCo either designating a District as a subsidiary district of the City or merger of a District with the City at such time as 70% or more of registered voters in a District are within the City limits and 70% of the area of land within a District is within the City’s jurisdictional boundaries or when those reorganizations are otherwise authorized by state law.

E. The Districts will support and cooperate with the City in seeking legislation to amend the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000 (“CKH Act”) to authorize merger of a District with the City or the establishment of a District as a subsidiary district of the City when 70% or more of registered voters in a District are within the City limits without regard to the area of a District’s land that is within the City.

Section 9. SERVICES TO OTHER AGENCIES.

The Water Executive Committee may recommend that the City provide water services to agencies not party to this Agreement. Such services may be provided with the concurrence of all Parties and upon execution of an amendment to this Agreement by all Parties or upon execution of a contract authorized by all Parties. The charges for such services shall be determined by the Water Executive Committee in accordance with the budget provisions of this Agreement. The City retains the power to provide services to other agencies on terms of its choosing provided that its doing so does not impair its ability to provide the Services.

Section 10. WITHDRAWAL; TERMINATION.

A. A Party may withdraw from this Agreement with a July 1st effective date on 90 days’ notice to the Water Executive Committee and all Parties. Such withdrawing Party shall perform all obligations under this Agreement until the agreed upon date of withdrawal. A withdrawing Party shall remain obligated to perform obligations, including financial obligations, arising before the withdrawal date, even after the date of withdrawal.

B. Upon withdrawal from UVWA, a departing Party shall regain control of, and responsibility for, its Water System as it existed as of the Effective Date, to the extent feasible. The Parties acknowledge that a Party’s Water System as of a withdrawal date may differ from that in existence on the Effective Date. Any infrastructure, such as tanks, pipes, pumps, treatment facilities, and water rights, that UVWA uses only to serve that Party shall be the withdrawing Party’s property as of the withdrawal date. If any infrastructure serves more than one Party, the withdrawing Party shall recover ownership and control of that infrastructure upon agreement of the other Party or Parties it serves, but will remain obligated to serve all customers of other Parties served by such infrastructure and water supplies at the time of withdrawal, with appropriate compensation paid by UVWA or the Part(ies) benefitted by such service. Absent such agreement, infrastructure serving more than one Party shall remain part of the Combined Water System and operated by the City until the Parties served by that infrastructure reach an agreement or the dispute is resolved pursuant to Section 20 of this Agreement or otherwise.

C. In negotiating the disposition of infrastructure which serves more than one Party, these general principles shall inform discussion:

1. The primary obligation shall be to provide uninterrupted service to all customers of the Combined Water System.

2. All other things being equal, a withdrawing Party should resume possession and control of infrastructure which was part of its Water System on the Effective Date.

3. Any infrastructure acquired, constructed, or improved with grant or other funds available only by virtue of this Agreement should not be separated from the Combined Water System unless it is necessary to do so to allow a Party to withdraw and will allow both uninterrupted service to all customers of the Combined Water System and compliance with grant, loan, and other conditions on the use of the infrastructure.

Section 11. DISSOLUTION/REORGANIZATION.

A. The Agreement shall terminate if the number of parties to this Agreement becomes less than two, or if the Parties unanimously agree to terminate it. If the Parties have accumulated any assets relating to the shared management of water services before termination, such assets shall be distributed among the Parties in proportion to their respective contributions, unless the Parties agree otherwise. Any dispute as to the disposition of such assets shall be resolved as provided in Section 20 of this Agreement.

B. The CKH Act shall govern any change of organization or reorganization of a District. This Agreement is intended to allow for the administration and operation of a Combined Water System on behalf of the Parties, until:
i. City annexations result in 70% of a District’s territory and 70% of the registered voters of a District being within the City’s limits; or

ii. satisfaction of other provisions of the CKH Act or other provisions of state law authorize a merger of the District with the City or establishing the District as a subsidiary district of the City; in which event this Agreement will be deemed to be the affected Parties’ joint request to LAFCO, pursuant to Government Code Sections 56078 and 57105, to either merge the District with the City or establish the District as a subsidiary district of the City with the City Council serving as the Board of Directors of the District.

C. If any of the Parties to this Agreement receives grant funding of $1,000,000 or more to develop capital assets to serve more than one of those Parties, the City shall apply to LAFCO to combine the Parties to benefit from the capital asset into a new or existing public entity to own and operate that asset, if and as required by the terms of the grant. If the Cortese-Knox-Hertzberg Act does not authorize the City to make the application, the City shall invite LAFCO to exercise its own authority to initiate the change of organization. Each of the Parties to this Agreement agrees to support such a change of organization and, by making this Agreement, authorizes the City to propose such changes of organization on its behalf.

Section 12. TRANSFER, MODIFICATION, AND USE OF WATER RIGHTS.

To achieve the goal of applying and using the water rights of all Parties collectively to serve the customers of all Parties, and the eventual customers of the Combined Water System, without limit or restriction, and in recognition of the eventual need to operate, maintain, and administer the Parties’ water resources and transmission and treatment systems as a Combined Water System, the Parties agree to the following:

A. Within 60 days of the execution of this Agreement, each Party shall identify and disclose (1) all water rights it currently holds and uses, (2) how it must modify or amend the water rights to allow a Combined Water System to use the water rights, (3) to the extent possible, the process and procedure each Party must undertake to allow a different entity to use of the water rights as part of a Combined Water System, including any necessary approvals, and (4) a plan and estimated time period to modify and transfer such water rights.

B. The Parties shall take any and all actions which are necessary and appropriate to modify, amend or transfer the water rights of the Parties to UVWA, the City, or other entity that will own or operate the Combined Water System, for the collective use of such water rights within the service areas of all Parties, if possible. Each Party shall support and cooperate with the other Parties to effectuate the modification, amendment to, or transfer of, its water rights, including, but not limited to, granting approvals, signing agreements, meeting and working with local and state officials and regulators, responding to and defending against protests, objections, and legal challenges to the modification, amendment, or transfer of water rights, and the Parties agree to separately or collectively conduct and support any required environmental review in support of the modification, amendment to, or transfer of, the water rights of the Parties.

C. While the Parties are undertaking efforts to modify, amend, or transfer their water rights, each Party will, as necessary to effectuate the purpose of this Agreement and to the extent feasible, allow its water rights to be used collectively, even if on a temporary or short-term basis, by the Combined Water System. Each Party, however, will still have the primary right and authority to continue to use its respective water rights within its current service areas and for the benefit of its current customers, up to the time that the rights are transferred to, or obtained for the benefit of, the Combined Water System.

D. The Parties agree to initiate, fund, and pursue all efforts necessary to modify, amend, or transfer the water rights of the Parties for use in the Combined Water System, but UVWA and all Parties will ultimately be responsible for costs, expenses and fees associated with and arising out of such efforts, and the Parties will have the right to seek reimbursement from UVWA for recovery of such costs, expenses, and fees.

E. If a Party withdraws from this Agreement, the Agreement is terminated, or the Combined Water System ceases to function or exist, the affected Party or Parties will retain all of its or their water rights, or if necessary the rights shall revert to the original right holder, and the Parties will take any and all actions which are necessary and appropriate and shall support and cooperate with the other Parties to return or restore the water rights to the Party that formerly held such rights. The water rights of a withdrawing Party shall remain dedicated and committed to the Combined Water System until the later of the withdrawal date or the date those rights may be lawfully used by the withdrawing Party alone.

F. Notwithstanding any other provision of this Agreement, the Parties agree, represent, and confirm that they will endeavor to and will take any and all reasonable and necessary steps to ensure that the customers of each Party will continue to receive a clean, safe, and reliable water supply at all times, without delay or disruption.

G. Notwithstanding the foregoing, this Agreement does not and shall not be interpreted to authorize or require the use of a water right or related asset other than as permitted by law, nor shall this Agreement require or authorize any act in contravention of any third-party rights, to the extent any of the water rights or other assets of the Parties are subject to liens for debt and other such claims.

Section 13. AMENDMENT TO AGREEMENT.

The Water Executive Committee may recommend an amendment to this Agreement. This Agreement may only be amended by approval of all the Parties to this Agreement. The Water Executive Committee shall forward a proposed amendment with its recommendation to the legislative body of each Party. The proposal shall be adopted, properly executed, and returned to the Water Executive Committee if the Party approves the amendment.

This Section 13 shall not prevent the Parties from adopting an amendment to this Agreement that is not recommended by the Water Executive Committee.

Section 14. ADDITIONAL PARTIES TO THE AGREEMENT.

A public agency, as that term is defined in the JEP Act (Government Code section 6500), located in Mendocino County may become a Party to this Agreement upon:

1. Its approval by written resolution and execution of this Agreement as required by law, and;

2. Approval of the Water Executive Committee by written resolution.

Exhibit D to this Agreement shall reflect the public agencies which are a Party to this Agreement and shall be updated as appropriate to reflect current membership.

Section 15. NOTICES.

Whenever notice or other communication is permitted or required by this Agreement, it shall be deemed given when (i) personally delivered or (ii) when received, if delivered by overnight courier or email (if email receipt is acknowledged in writing), or (iii) 48 hours after it is deposited in the United States mail with proper first-class postage affixed thereto and addressed as follows:

To City: City of Ukiah
Attn: Mayor and City Manager
300 Seminary Ave.

Ukiah, CA 95482
Email: [email protected]
To Millview County Water District: Millview County Water District Attn: Mr. Tim Prince
151 Laws Ave.

Ukiah, CA 95482
Email: [email protected]
To Redwood Valley County Water District: Redwood Valley County Water District Attn: Mr. Tom Schoeneman
151 Laws Ave.

Ukiah, CA 95482
Email: [email protected]
To Willow County Water District: Willow County Water District Attn: Mr. Gary Nevill
151 Laws Ave.

Ukiah, CA 95482
Email: [email protected]
A Party may change the address and email address to which notices shall be sent by giving notice of the change as provided herein.

Section 16. SEVERABILITY.

Except as otherwise provided in this Section 16, should any part, term, portion, or provision of this Agreement or the application thereof to any person or circumstances be in conflict with any state or federal law, or otherwise be rendered unenforceable or ineffectual, including by amendment or repeal of a statute, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the Parties intended to enter into in the first instance. The City’s promise to provide Services is dependent on and not severable from the validity and enforceability of Sections 7, 8 and 10.B.

Section 17. HOLD HARMLESS AND INDEMNITY.

To the fullest extent permitted by law, each of UVWA and the Parties (the “Indemnifying Party”) agrees to save, indemnify, defend and hold harmless UVWA and each other Party and its officers, agents and employees (“Indemnified Parties”) from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged or threatened, including reasonable and actual attorney fees and costs, court costs, interest, defense costs, and expert witness fees, which arise out of, or are in any way attributable in whole or in part to, negligent or intentional acts or omissions of an Indemnifying Party or its employees except such losses as arise from the sole negligence or intentional act of an Indemnified Party.

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Section 18. LEGAL REPRESENTATION AND ADVICE.

In the course of performing this Agreement, each Party shall seek legal advice from its own counsel. If a legal matter or issue relates to two or more Parties where the Parties involved will benefit from joint representation, the Parties may choose to be represented by the same legal counsel so long as no conflict of interest arises by such representation and the representation is permitted by the Rules of Professional Conduct of the California State Bar. In that event, the Parties may agree on an apportionment of costs, if applicable, as allowed by law. Under any circumstances when two or more Parties are represented by the same legal counsel, no Party may bind the others to a settlement agreement without the written consent of the other Parties to be bound.

Section 19. INSURANCE.

A. Each Party shall be responsible for maintaining a program of insurance that shall cover each Party’s indemnification obligations; provided funding is provided in a budget approved by the Water Executive Committee to pay the premiums for said insurance or the Water Executive Committee elects to provide insurance coverage for all Parties. While the City provides the Services pursuant to Section 6 of this Agreement under rates adopted pursuant to Section 5: (i) no District need fund insurance at its own expense and (ii) the Water Executive Committee shall maintain or, at its option, fund directors and officer’s liability coverage for each of the Districts.

B. Without in any way affecting the indemnity herein provided and in addition thereto, unless the Executive Committee provides insurance to cover the Parties, each Party shall secure and maintain throughout the Agreement the following types of insurance:

1. WORKERS’ COMPENSATION. A program of Workers’ Compensation Insurance or a state-approved self-insurance 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. This coverage may be waived if a Party’s legislative body certifies that the Party has no employees and does not treat volunteers as employees for worker’s compensation purposes.

2. 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). This requirement can be waived by the Water Executive Committee, if the Board of Directors of a District certifies that it has no vehicles and that no non-owned, uninsured vehicles are used on District business.

3. ADDITIONAL NAMED INSURED. All policies, and/or memoranda of coverage, except Workers’ Compensation, shall contain additional endorsements naming each Party and its officers, employees, and agents as additional named insureds with respect to liabilities arising out of each Party’s performance hereunder.

4. POLICIES PRIMARY AND NON-CONTRIBUTORY. All policies required above are to be the primary and non-contributory with any insurance or selfinsurance carried or administered by each Party.

Section 20. MEDIATION AND DISPUTE RESOLUTION.

A. Except as otherwise provided in Sections 10.B and 11.A, if (1) any dispute arises at any time between or among the Parties regarding interpretation or implementation of this Agreement that does not concern a decision of the Water Executive Committee, or (2) if a minority of members of the Water Executive Committee file a written appeal with the Water Executive Committee within 14 days of a decision or action of the Water Executive Committee, or (3) if one or more Parties fails or refuses to follow the order or direction of the Water Executive Committee or breaches this Agreement, the Parties will, in the first instance, attempt in good faith to meet to discuss and informally resolve the dispute through their representatives or their designees. The Parties must give written notice of the existence and subject of a dispute, which notice shall commence the dispute resolution process of this Agreement.

B. If, within 30 days of service of notice of a dispute, the Parties cannot resolve the disputed issue through informal mediation, unless extended by mutual agreement of all Parties, the matter shall be submitted to JAMS, or a comparable mediation service, or a mutually agreeable mediator, for formal mediation by a single mediator who should have technical or legal expertise or experience with water resources and supplies, utility services, or local government agencies. The mediator will be selected by unanimous consent of the Parties, but if unanimous consent cannot be obtained, the mediator will be selected at random from a list of mediators maintained by the Water Executive Committee based on the qualifications set forth in this paragraph.

C. Any Party may commence formal mediation by providing to the mediator and the other Parties a written request for mediation, setting forth the subject of the dispute and the relief requested. If the formal mediation process has not concluded or has not resolved the dispute within 60 days of a written request for mediation, the mediation process will be deemed completed, unless the Parties extend the 60-day period in writing.

D. If the dispute is not resolved by informal or formal mediation, each Party will be free to pursue whatever legal or equitable remedies may be available. No Party shall be permitted to file a legal action without first complying with the requirements of this Section 20. This provision shall not waive or otherwise affect the applicable provisions of law governing claims against a public entity or the applicable statutes of limitation.

E. The fees and expenses incurred as a result of any dispute resolution activities, including attorney fees, mediator fees and costs, expert costs, and other expenses, shall be borne solely by the Parties involved in the dispute and participating in the mediation. The Parties involved in the dispute will share the mediator’s expenses on an equal basis. No Party shall be deemed the prevailing party for purposes of recovery of fees, costs, or expenses.

Section 21. ADDITIONAL DOCUMENTS AND AGREEMENTS.

The Parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.

Section 22. SUCCESSORS.

This Agreement shall bind and inure to the benefit of all successors and assigns of the Parties and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them, separately and collectively.

Section 23. WARRANTY OF LEGAL AUTHORITY.

The Parties’ Legislative Bodies have each authorized execution of this Agreement, as evidenced by the signatures below. Those who sign below warrant for the benefit of the Parties for which they do not sign that they have actual authority to execute this Agreement and to bind to it the Party for which they sign.

Section 24. ASSIGNMENT / DELEGATION.

No Party shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of the other Parties, and no assignment shall be of any force or effect whatsoever unless and until the other Parties shall have so consented.

Section 25. NO THIRD-PARTY BENEFICIARY.

This Agreement is only for the benefit of UVWA and the Parties as municipal or public entities and shall not be construed or deemed to operate as an agreement for the benefit of any third party and no third party shall have any right of action or obtain any right to benefits or position of any kind by reason of this Agreement.

Section 26. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

Section 27. AGREEMENT CONTROLLING.

In the event of a conflict between the text of this Agreement and any attachment to it, the text shall prevail.

Section 28. ENTIRE AGREEMENT; COUNTERPARTS.

This Agreement, including its attachments, is intended both as the final expression of the Agreement among the Parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. This Agreement may be transmitted electronically and executed in counterparts, each such executed electronic copy shall be admissible for any purpose and in any judicial or administrative proceeding as evidence of the agreement between the Parties. Signatures may be exchanged by emailed pdf or other electronic form with the same force as original signatures.

Section 29. EXHIBITS.

All exhibits to which reference is made are incorporated into this Agreement as though fully set forth at length, whether or not actually attached.

IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized as of the day and year first above written.

CITY OF UKIAH
Approved to Form:

City Attorney
Attest:

By:
____________________, Mayor
Kristine Lawler, City Clerk

MILLVIEW COUNTY WATER DISTRICT
By: ____________________, Board President
Approved to Form:

District Counsel
Attest:

District Secretary

REDWOOD VALLEY COUNTY WATER DISTRICT
By: ____________________, Board President
Approved to Form:

District Counsel
Attest:

District Secretary

WILLOW COUNTY WATER DISTRICT
By: ____________________, Board President
Approved to Form:

District Counsel
Attest:

District Secretary
Exhibits
A: Each Party’s Water System as of the Effective Date
B: Ukiah’s cost allocation plan in effect as of the Effective Date C: District Employees to be hired by City and Bargaining Units to which they are to be assigned D: List of Parties and Date of Execution or Withdrawal
E: Description of Parties’ Respective Sewer Systems

Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT A:

PARTY’S WATER SYSTEMS

Formatted: Font: Bold

Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT B:

UKIAH’S COST ALLOCATION PLAN

Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT C:

WILLOW COUNTY WATER DISTRICT EMPLOYEES
AND

CITY OF UKIAH BARGAINING UNITS

Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT D:

LIST OF PARTIES
AND

DATE OF EXECUTION OR WITHDRAWAL

Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT E:

DESCRIPTION OF PARTIES’ RESPECTIVE

SEWER SYSTEMS
Formatted: Centered

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR

THE UKIAH VALLEY WATER AUTHORITY
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) becomes effective on October 1, 2024, (the “Effective Date”), among and between the City of Ukiah, a general law municipal corporation (the “City”), Millview County Water District (“Millview”), Redwood Valley County Water District (“Redwood”), and Willow County Water District (“Willow”) all three of which are County Water Districts formed pursuant to Division 12 of the California Water Code, commencing with Water Code Section 30000 (collectively the “Districts,” when referring to Millview, Redwood, or Willow, and the “Parties,” when referring to the Districts and the City, and individually a “Party”), all of which are organized and existing under and by virtue of the Constitution and the laws of the State of California. Upon execution by the Parties, this Agreement supersedes that previously-executed Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority entered between Ukiah, Millview, and Redwood on April 1, 2024.

RECITALS:

1. The Parties are each empowered by law to acquire real property, construct, equip, staff, maintain, operate and lease public and private improved and unimproved real and personal property and related facilities, including, but not limited to, water sources and water rights, to provide water and wastewater collection and treatment services, set and collect fees for service, including connection fees and fees for permits and other purposes, and to borrow funds for said purposes. Each of the Parties is authorized and obligated to deliver a clean, safe, and reliable water supply to its customers and constituents.

2. Each of the Parties is a public agency, as defined in the Joint Exercise of Powers Act, Government Code Section 6500, et seq. (the “JEP Act”) at Government Code Section 6500, authorized and empowered to contract for the joint exercise of common powers under the JEP Act.

3. The JEP Act provides that two or more public agencies may by agreement jointly exercise any powers common to the parties to the agreement, including, but not limited to, the authority to levy a fee, assessment, or tax. Under Government Code Section 6502, it shall not be necessary that any power common to the contracting parties be exercisable by each such contracting party with respect to the geographical area in which such power is to be jointly exercised.

4. The Parties recognize the benefits to each and all of them that will result from the coordinated use of their respective water resources and water systems before or without formal annexation or consolidation of the Parties into a single agency. The Parties enter into this Agreement to immediately maximize use of their respective and collective existing resources, create cost-saving opportunities, reduce duplication, maintain local control, and continue to deliver water services at a high level of service for the benefit of their customers and constituents.

5. The Parties desire to, and by this Agreement do, create a joint powers authority pursuant to the JEP Act that is named the Ukiah Valley Water Authority (“UVWA”).

6. The Parties recognize the benefits to each and all of them that will result from the immediately combined administration, operation, and maintenance of their respective water systems as a single and integrated water system before or without formal annexation or consolidation of the Parties into a single agency. The Parties intend this Agreement in part to enable UVWA’s receipt of much-needed State funding to improve and integrate water system infrastructure across the Parties’ respective service areas. As any such funding becomes available, the Parties recognize UVWA or another local government agency will be responsible for obtaining and allocating ATTACHMENT 1 - clean

such funds and implementing projects and improvements and integrating the Parties’ respective water systems into a Combined Water System.

7. The Parties recognize that the coordination of water resources and combination of water services as provided for in this Agreement will require the City to seek changes in organization as provided for by the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000 (the “CKH Act”) and which changes in organization may need to be approved by the Mendocino Local Agency Formation Commission, and other local agencies.

8. The Parties desire to accomplish the aforesaid purposes by jointly exercising their common powers in the manner set forth in this Agreement.

9. The Parties have determined that the goal of this Agreement shall be to combine and coordinate the operations of their respective water systems to obtain efficiencies not otherwise available by operation as a Combined Water System in accordance with the terms of this Agreement before or without formal annexation or consolidation of the Parties into a single agency, except as the law may otherwise require, as they may otherwise subsequently agree, or as this Agreement provides otherwise.

10. Each Party shall retain ownership of its respective system as it exists on the Effective Date or as it may be modified, added to, or enlarged in the future, unless and until a change of organization affecting such ownership is approved pursuant to the CKH Act or other law, as may be required as a condition of grant funding.

11. Among the assets the Parties bring to the Combined System are water rights. Nothing in this Agreement shall be interpreted to transfer such a water right from a Party to UVWA or to another Party; any such transfers shall occur in the manner required by law. Other than as expressly addressed herein, this Agreement shall not be interpreted to require the use of a water right other than as currently permitted by law. Similarly, some assets are subject to liens for debt and other such claims. Nothing in this Agreement shall require or authorize any act in contravention of such third-party rights. However, it is the goal of this Agreement to achieve a Combined Water System and to obtain the right to serve water throughout the combined service areas of the Parties without respect to its source.

12. The approval of this Agreement is not a project subject to the California Environmental Quality Act (CEQA) because it does not require more than the operation of the Parties’ respective Water Systems to serve their existing customers and will therefore have no reasonably foreseeable impact on the environment. (State CEQA Guidelines section 15378(b)(2), (4), (5); section 15061(b)(3) [the “common sense” exemption].) However, the implementation of this Agreement will likely involve “projects” within the meaning of CEQA, such as annexations under the Cortese-Knox-Hertzberg Act, the construction of water utility infrastructure, and the amendment of water rights. It is not presently possible to accurately foresee the details of such projects and evaluation of their impacts now would be unduly speculative. Accordingly, review of the environmental impacts of such projects is therefore appropriately undertaken when those projects are proposed, and their details better known. Such review shall be informed by applicable law, including these CEQA exemptions: CEQA Guidelines sections 15301 (existing facilities), 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), 15319 (annexations of existing facilities), and 15320 (changes in organization of local governments).

AGREEMENT:

Based on the foregoing Recitals, which are incorporated in this Agreement by this reference, and the terms and conditions set forth below, the Parties, for and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as follows:

Section 1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings indicated below unless the context shall plainly require otherwise:
“Collaborate” is defined in Section 5.B.4 below.
“Combined Water System” means two or more Parties’ Water Systems and all the components thereof as may be altered, improved, constructed, or added to after the date the respective Party executes this Agreement, which have been operationally integrated in the performance of this Agreement. “Effective Date” is defined in the introductory paragraph above. “Legislative Body(ies)” means each District’s Board of Directors and the City Council of the City. “Representative” means a member of a Party’s Legislative Body appointed by that Legislative Body to serve on the Water Executive Committee.
“Revenues” means any and all revenues produced by the Combined Water System, a Sewer System, and/or other operations authorized in this Agreement, including, but not limited to, revenues from fees and charges described in Sections 6.A.3, 6.A.4 and 6.A.5.
“Services” means the City’s exercise of the joint powers conferred by this Agreement pursuant to Section

6. “Services Start Date” means on or around January 1, 2025, or as determined by the Water Executive Committee.
“Sewer System” means a Party’s infrastructure, components, and parts which are owned, operated, and/or used by that Party to capture, treat, deliver, and/or manage sewage as provided for by law, which the Party has requested the Water Executive Committee to manage, operate, and/or own. Should a Party request the Water Executive Committee to manage, operate, and/or own that Party’s Sewer System, that requesting Party shall provide a description of its Sewer System as of the date it makes the request. The description of the Sewer System shall be included under Exhibit E upon the Water Executive Committee’s agreement to accept the request. Rolling stock and other tangibles any Party uses to provide the Services do not constitute part of any other Party’s Sewer System.
“Water Executive Committee” means the body comprised of two Representatives from each Party and the duties, authorities, and responsibilities of which as to the Combined Water System are defined in this Agreement. “Water System” means a Party’s infrastructure, components, and parts which are owned, operated, and/or used by that Party to capture, treat, deliver, and/or manage water for any use provided for by law. A description of each Party’s respective Water System as of the Effective Date or the date it entered this Agreement is attached hereto as Exhibit A. Rolling stock and other tangibles the City uses to provide the Services do not constitute part

of any other Party’s Water System.
“Water System Enterprise Fund” means the fund or funds established by the City to account for receipts and expenditures, assets, and liabilities for the Combined Water System in which all such Revenues are accounted.

Section 2. UVWA’s MANNER OF EXERCISE OF POWERS.

A. UVWA is a public entity separate from the Parties.

B. The City shall file with the Secretary of State, State Controller, and the Mendocino Local Agency Formation Commission a notice in accordance with Government Code Sections 6503.5 and 6503.6, and shall file notices, as appropriate, in accordance with Government Code Section 53051 promptly following the Effective Date and upon any amendment to this Agreement. The City shall file a further report under Government Code Section 53051 upon each change in the membership of the Water Executive Committee.

C. For purposes of Government Code Section 6509, UVWA shall exercise its powers subject to the restrictions upon the manner of exercising such powers as are imposed upon the City of Ukiah, a general law city.

Section 2.1. OFFICERS, EMPLOYEES AND AGENTS; IMMUNITIES. A. Any UVWA officer, employee, or agent may also be an officer, employee, or agent of any Party with the consent of all Parties. The Water Executive Committee’s approval of the appointment or employment of such a person shall constitute a determination that the two positions are compatible.

B. All privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workers’ compensation, and other benefits which apply to the activities of officers, agents, or employees of a Party when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and duties under this Agreement.

C. No officer, agent, or employee directly employed by UVWA, if any, shall be deemed, by reason of that employment, to be employed by any Party or to be subject to any of the requirements of any Party.

Section 2.2. LIABILITIES; PENSION LIABILITY. A. UVWA’s debts, liabilities, and obligations shall be its debts, liabilities, and obligations alone and not those of the Parties except as they may otherwise agree by written contract.

B. During the effectiveness of Government Code Section 6508.2 or other law imposing liability on the Parties for unfunded liabilities due the California Public Employees’ Retirement System or another pension provider to be paid upon termination of this Agreement and dissolution of UVWA, the Parties agree that any such liability shall be apportioned among them as they shall agree in writing when a contract with Cal PERS is approved or, failing such agreement, in proportion to the rate revenue from customers within the territory of each Party in the last fiscal year for which audited financial reports exist when the determination is made.

Section 2.3. EXERCISE OF JOINT POWERS.

This Agreement is made pursuant to the JEP Act to permit the joint exercise of powers common to the Parties. The purpose of this Agreement is to exercise these powers jointly by managing, equipping, maintaining, and operating the Combined Water System and any Sewer System. Such purpose will be accomplished, and common powers exercised, in the manner set forth in this Agreement. The Parties may use the designation “Ukiah Valley Water Authority” to identify the provision of the services provided under this Agreement, including those on equipment, uniforms, buildings, letterhead, phone, and other directories.

All pre-existing obligations, rights, and privileges of the Parties shall continue hereunder, subject to the terms and conditions of this Agreement.

Section 3. TRANSITION OF SERVICES AND SERVICE LEVEL.

Section 3.1. TRANSITION OF SERVICES FROM WILLOW.

The Parties acknowledge that Willow provides water services to other agencies, including Millview, Redwood, and agencies not a Party to this Agreement. The Parties intend through this Agreement to transition performance of services to these agencies from Willow to Ukiah and to do so in accordance with existing agreements. The services Willow provides to these agencies may be controlled by written agreement, and the Parties agree to take reasonable steps to transition the services to Ukiah in such a way as to limit impacts to water users currently served by Willow due to the transition of services, including the City providing Services to these other agencies on terms reasonably acceptable to the parties.

Section 3.2. SERVICE LEVEL.

Commencing on the Services Start Date, the City shall provide the Services to allow efficient, coordinated operation of Combined Water System and any Sewer System inclusive of wells, storage facilities, pump stations, treatment facilities, distribution systems, and related managerial and administrative services and water rights, to the extent and in the manner consistent with this Agreement and annual budgets approved by the Water Executive Committee.

Section 4. TERM.

This Agreement shall commence on the Effective Date and shall be binding upon the Parties, and shall continue in full force and effect until such time as the Parties agree to terminate the Agreement as set forth in Sections 10 or 11, or only one Party to the Agreement remains due to annexations, other changes of organization under the CKH Act, or other reasons. A Party may withdraw from this Agreement as provided in Section 10 below.

Section 5. WATER EXECUTIVE COMMITTEE.

A. The Water Executive Committee shall perform the duties set forth in Section 6.

B. MEETINGS OF THE WATER EXECUTIVE COMMITTEE.

1. The Water Executive Committee shall establish a schedule for its regular meetings, which must be at least monthly. The Water Executive Committee may call special meetings, as may be needed from time to time, and/or may cancel regular meetings if deemed appropriate.

2. A majority of the Water Executive Committee’s members shall constitute a quorum for the transaction of business. A majority vote of the Water Executive Committee’s members is required to take action, although a lesser number may adjourn for lack of a quorum.

3. The Water Executive Committee shall comply with the Ralph M. Brown Act, Gov. Code sections 54950, et seq.

4. For those duties of the Water Executive Committee requiring collaboration, “collaboration,” “collaborate,” or “collaborative” shall mean the meaningful and timely process of the Representatives each seeking, discussing, and carefully considering the information and views of each Party in a manner that is cognizant of all Parties’ values, reasonably attempting to reach agreement through cooperative efforts for the mutual benefit of the Parties. Collaboration among the Representatives shall be conducted in a way that is mutually respectful of each District’s authority and responsibilities as a County Water District and the City’s authority and responsibilities as a general law city, and shall consider the views of a Party as expressed by its Representatives. A Representative need not engage in dialog with Legislative Bodies other than his or her own appointing authority.

C. PARTY APPOINTMENT AND VOTING RIGHTS OF MEMBERS. Each Party shall appoint two members from its legislative body to serve on the Water Executive Committee. Each Party shall have two seats on the Water Executive Committee, and each member of the Water Executive Committee shall have one vote, with these exceptions:

1. If a member is the sole representative of a Party at a meeting due to an absence, he or she may cast all votes that Party is authorized to cast; provided, however, that the absent representative has attended at least three-quarters of the regular meetings held by the Water Executive Committee that calendar year.

2. If a Party merges or consolidates into another, the successor agency shall acquire the votes of the merged or consolidated agency. So, for example, if a District is merged into the City, the City shall hold its own votes and the votes previously assigned that District.

D. TIE VOTES. Any tie vote of the Water Executive Committee shall be resolved as provided in Section 20 below unless the Water Executive Committee otherwise directs at the meeting at which the tie vote occurs.

Section 6. POWERS AND DUTIES OF THE WATER EXECUTIVE COMMITTEE.

A. DUTIES. The Water Executive Committee shall be the governing body of UVWA. The Water Executive Committee shall take any and all actions within the authorities specified in this Agreement which are necessary and appropriate to implement the purposes of this Agreement, including, but not limited to, any or all of the following:

1. To prepare and adopt budgets for the Water System Enterprise Fund in accordance with all applicable legal requirements. The budgets shall include the annual expenses for the Services, including, but not limited to, costs of administration, operation, maintenance, repair of, and capital improvements to, the Combined Water System, including those included in Capital Improvement Plans, debt service on bonds, and any other costs of providing the Services;
a. To create and manage additional enterprise funds, and to prepare and adopt budgets for any such additional enterprise funds in accordance with all applicable legal requirements; b. The budgets shall include the annual expenses for the Services, including, but not limited to, costs of administration, operation, maintenance, repair of, and capital improvements to, the Combined Water System or any Sewer System, including those included in Capital Improvement Plans, debt service on bonds, and any other costs of providing the Services;

2. To set rates to fund the Services in accordance with all applicable legal requirements, including the procedural and substantive requirements of California Constitution, Article XIII D, Section 6