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CONSULTANT AGREEMENT
This agreement is dated ____________, 2018, and is between LUHDORFF AND
SCALMANINI, CONSULTING ENGINEERS, INC., a California corporation (“Consultant”), and
the COUNTY OF FRESNO, a political subdivision of the State of California (“County”).
The Sustainable Groundwater Management Act (“SGMA”) provides for the
establishment of local groundwater sustainability agencies to manage groundwater
sustainability within groundwater subbasins defined by the California Department of Water
Resources. Each groundwater sustainability agency (“GSA”) is required to develop and
implement, no later than January 31, 2020, a groundwater sustainability plan (“GSP”) to ensure
a sustainable yield of groundwater, without causing undesirable results. Failure to comply with
that requirement could result in the State Water Resources Control Board asserting its power to
manage local groundwater resources.
The County is the GSA for two areas designated as “Management Area A” and
“Management Area B” in the Delta-Mendota groundwater subbasin. In furtherance of its efforts
to comply with the requirement to develop and implement a GSP, the County wishes to obtain
the services of a consultant with knowledge, experience, and expertise relevant to that task.
The Consultant represents that it possesses the requisite knowledge, experience, and
expertise, and that it is ready, willing, and able to provide the services desired by the County,
subject to the terms and conditions of this agreement.
The parties therefore agree as follows:
Article 1
Consultant’s Obligations
1.1 Scope of Services. The Consultant shall provide to the County the services
described in the scope of work attached as Exhibit A to this agreement (“Project”).
1.2 Additional Services. The Consultant may provide additional services as the County
and the Consultant mutually agree in writing.
April 17
Agreement No. 18-18918-0297
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1.3 Key Persons. The Consultant shall provide all services under this agreement
through the key persons listed below. The Consultant shall not replace any key persons without
prior written consent from the County’s Director of Public Works and Planning, or his or her
designee, and he or she shall not withhold that consent unreasonably. If any key person is
replaced, the replacement person shall have at least the same level of expertise as the person
being replaced.
(A) Will Halligan, Principal Hydrogeologist, Project Manager
(B) Debbie Cannon, Senior Hydrogeologist, Technical Support
1.4 Compliance with Laws. The Consultant shall, at its own cost, comply with all
applicable federal, state, and local laws in performance of its services under this agreement,
including but not limited to workers compensation, labor, and confidentiality laws and
regulations.
Article 2
Compensation, Invoices and Payments
2.1 The County agrees to pay, and the Consultant agrees to receive, compensation as
described in Exhibit B to this agreement. The Consultant is only entitled to compensation for
work performed after the Effective Date, as that term is defined in section 3.1.
2.2 Invoices. The Consultant shall submit monthly invoices to the County by email to
PWPBusinessOffice@co.fresno.ca.us. All invoices shall reflect accurately the tasks performed
by the Consultant under this agreement, and shall include sufficient detail as may be required
by the County’s Auditor-Controller/Treasurer-Tax Collector (“Auditor”), including but not limited
to:
(A) The specific nature of each task performed as services under this agreement;
(B) The name of the person performing each task and their position;
(C) The number of hours worked by each person for each task, in increments of one-
tenth of an hour;
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(D) The hourly rate for each person performing each task;
(E) A summary showing the sum total hours worked by each person and the product
of that total multiplied by each person’s hourly rate; and
(F) The County’s identification number for this agreement, and the project title.
2.3 Review. Within 10 days after receiving a proper invoice as described in section 2.2,
the County’s Department of Public Works and Planning (“Department”) shall review the invoice
and either (a) submit it to the Auditor for payment, or (b) if the Department determines that the
invoice is unsatisfactory or inaccurate, return it to the Consultant for correction and resubmittal.
For purposes of this section, an invoice is received when transmission by email to the address
provided in section 2.2 is completed, except if such transmission is completed outside of County
business hours, in which case the invoice is deemed received at the next beginning of a County
business day.
2.4 Payment. The County shall pay each timely-submitted invoice within 60 days after
the Department submits it to the Auditor for payment.
2.5 Incidental Expenses. The Consultant is solely responsible for all expenses that are
incidental to its performance under this agreement.
Article 3
Term and Termination
3.1 Term. This agreement is effective when signed by both parties (“Effective Date”) and
terminates when (a) the Department of Water Resources (“DWR”) has issued its assessment of
the GSP under section 10733.4 of the Water Code, and (b) the County and the Consultant have
addressed deficiencies in the GSP, if any, that are identified by DWR under section 10733.4 of
the Water Code.
3.2 Termination for Non-Allocation of Funds. Both parties’ obligations under this
agreement are contingent on the approval of funds by the appropriating government agency or
agencies. If sufficient funds are not allocated, then the County, upon 30 days advance written
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notice to the Consultant, may:
(A) Modify either or both of the parties’ obligations under this agreement; or
(B) Terminate this agreement.
3.3 Termination for Breach; Reinstatement.
(A) Upon determining that a breach (as defined below) has occurred, the Director of
Public Works and Planning or his or her designee may give written notice of the breach
to the Consultant. The written notice may suspend performance under this agreement,
and shall provide a reasonable time for the Consultant to cure the breach.
(B) If the Consultant fails to cure the breach within the reasonable time stated in the
written notice, the County may terminate this agreement.
(C) For purposes of this section, a breach occurs when the Consultant has:
(1) Used funds illegally or improperly;
(2) Failed to comply with any part of this agreement;
(3) Submitted a substantially incorrect or incomplete report to the County; or
(4) Performed improperly as determined by the County.
3.4 Termination without Cause. In circumstances other than those set forth above, the
County may terminate this agreement by giving 30 days advance written notice to the
Consultant.
3.5 County’s Rights upon Termination. Upon termination under this article, the County
may demand repayment by the Consultant of any monies disbursed to the Consultant under this
agreement that, in the County’s sole judgment, were not expended in compliance with this
agreement. The Consultant shall promptly refund all such monies upon demand. The parties’
rights and obligations under this section survive the termination of this agreement.
Article 4
Independent Contractor
4.1 Status. In performing under this agreement, the Consultant, including its officers,
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agents, and employees, is at all times acting and performing as an independent contractor, in
an independent capacity, and not as an officer, agent, servant, employee, joint venturer,
partner, or associate of the County.
4.2 Supervision. The County has no right to control, supervise, or direct the manner or
method of the Consultant’s performance under this agreement, but the County may verify that
the Consultant is performing according to the terms and conditions of this agreement.
4.3 Benefits. Because of its status as an independent contractor, the Consultant has no
right to employment rights or benefits. The Consultant is solely responsible for providing to its
own employees all employee benefits required by law. The Consultant shall save the County
harmless from all matters relating to the payment of the Consultant’s employees, including
compliance with Social Security withholding and all related regulations.
Article 5
Notices
5.1 Contact Information. The persons and their addresses having authority to give and
receive notices provided for or permitted under this agreement include the following:
For the County:
Water and Natural Resources Manager
Department of Public Works and Planning
Water and Natural Resources Division
COUNTY OF FRESNO
2220 Tulare Street, Suite 800
Fresno, CA 93721
Telephone: (559) 600-9672
For the Consultant:
Will Halligan, Principal Hydrogeologist
LUHDORFF AND SCALMANINI, CONSULTING ENGINEERS, INC.
500 1st Street
Woodland, California 95695
Telephone: (559) 661-0109
5.2 Method of Delivery. All notices between the County and the Consultant provided for
or permitted under this agreement must be in writing and delivered either by personal service,
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by first-class United States mail, by an overnight commercial courier service, or by telephonic
facsimile transmission.
(A) A notice delivered by personal service is effective upon service to the recipient.
(B) A notice delivered by first-class United States mail is effective three County
business days after deposit in the United States mail, postage prepaid, addressed to the
recipient
(C) A notice delivered by an overnight commercial courier service is effective on
County business day after deposit with the overnight commercial courier service,
delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
the recipient.
(D) A notice delivered by telephonic facsimile is effective when transmission to the
recipient is completed (but, if such transmission is completed outside of County business
hours, then such delivery shall be deemed to be effective at the next beginning of a
County business day), provided that the sender maintains a machine record of the
completed transmission.
5.3 Claims Presentation. For all claims arising from or related to this agreement,
nothing in this agreement establishes, waives, or modifies any claims presentation requirements
or procedures provided by law, including but not limited to the Government Claims Act (Division
3.6 of Title 1 of the Government Code, beginning with section 810).
Article 6
Ownership of Data; Inspections and Audits; Public Records
6.1 Ownership of Data.
(A) Except as otherwise provided in this section 6.1, all reports, studies, data,
documents, including preliminary documents, calculations, and survey data created by
the Consultant in providing services under this agreement shall be submitted to, and
remain at all times the property of, the County.
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(B) The Consultant acknowledges that the County retains full ownership rights of the
work product created by the Consultant for the services provided under this agreement,
to the fullest extent permitted by law. In this regard, the parties acknowledge and agree
that:
(1) The Consultant’s services are on behalf of the County and are “work made
for hire,” as that term is defined in copyright law, by the County;
(2) The work product to be prepared by the Consultant is for the sole and
exclusive use of the County;
(3) The County shall be the sole owner of all patents, copyrights, trademarks,
trade secrets and other rights, and contractual interests in connection with those
rights that are developed and compensated under this agreement;
(4) All the rights, title, and interest in and to the work product produced under this
agreement will be transferred to the County by the Consultant to the extent the
Consultant has an interest in and authority to convey such rights; and
(5) The Consultant shall assist the County to obtain and enforce patents,
copyrights, trademarks, trade secrets, and other rights and contractual interests
relating to the Consultant’s work product, free and clear of any claim by the
Consultant or anyone claiming any right through the Consultant.
(C) The Consultant further acknowledges and agrees that the County’s ownership
rights in the Consultant’s work product apply regardless of whether such work product,
or any copies of it, are in possession of the County of the Consultant.
(D) “Work product” means all reports and study findings made by the Consultant,
either alone or jointly with others, to develop the GSP, that result from the tasks
assigned to the Consultant by the County under this agreement.
(E) The County acknowledges that the Consultant has been in business since 1980
and has developed data, processes, reports, studies, calculations, and other documents,
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models, software and other work product and intangible rights either on its own, or as
“work for hire” that the Consultant considers trade secret, proprietary and confidential
that are too numerous to list and either owned by the Consultant, or third parties.
Nothing in this agreement shall be interpreted or construed to address or modify the
ownership, control or public right of access to such existing or future work product and
intangibles of the Consultant.
6.2 Inspection of Documents. The Consultant shall make available to the County, and
the County may examine at any time during business hours and as often as the County deems
necessary, all of the Consultant’s records and data with respect to the matters covered by this
agreement. The Consultant shall, upon request by the County, permit the County to audit and
inspect all of such records and data to ensure the Consultant’s compliance with the terms of this
agreement.
6.3 State Audit Requirements. If the compensation to be paid by the County under this
agreement exceeds $10,000, the Consultant is subject to the examination and audit of the
California State Auditor, as provided in Government Code section 8546.7, for a period of three
years after final payment under this agreement. The obligations under this section survive the
termination of this agreement.
6.4 Public Records Act Requests. If the County receives a request under the California
Public Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
with section 6250) (“CPRA”) or a similar law to disclose any document that is in the Consultant’s
possession but which the County owns, or may review, request, or obtain from the Consultant
under any or all of sections 6.1, 6.2, and 6.3 of this agreement, then the County will promptly
notify the Consultant and request the responsive documents that may be in the possession of
the Consultant. The notification shall be in writing, which may include but is not limited to email
addressed to the appropriate key person or persons. Upon receiving that notification, the
Consultant has five business days in which to provide responsive documents, use the
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procedure provided in section 6.5 of this agreement, or both. The Consultant shall promptly
inform the County if the Consultant believes that five business days are not sufficient time in
which to respond. The Consultant shall indemnify the County for any award of costs or
attorney’s fees under the CPRA that results from the Consultant’s use of the procedure provided
in section 6.5 of this agreement.
6.5 Withholding and Redacting. If the County for any reason requests any records,
data, or documents from the Consultant and the Consultant believes that the responsive
documents contain trade secrets, proprietary information, or other information that is subject to
legal privilege or separate legally-enforceable obligation of the Consultant to withhold, then the
Consultant may do the following:
(A) The Consultant may redact the records or data before providing them, if that is
practicable, or withhold the records or data if redaction is not practicable.
(B) If the Consultant redacts or withholds any documents, it shall provide a privilege
log generally describing without disclosing what has been redacted or withheld and
identifying the legal privilege or legally-enforceable obligation that is the reason for the
redaction or withholding.
(C) If the County requests documents because of a CPRA request and the
Consultant redacts or withholds any documents, the Consultant shall also identify the
specific provision of the CPRA (by citation to the California Government Code) which the
Consultant believes would authorize the County to redact or withhold the documents
requested.
Article 7
Indemnity
7.1 Indemnifiable Losses. For purposes of this article, “losses” includes all claims,
causes of action, demands, liabilities, damages, costs, expenses (including attorney fees and
costs), and losses of any kind to the County, the Consultant, or to any other person or entity.
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7.2 Indemnity. The Consultant shall indemnify the County (including its officers, agents,
and employees) against any losses that arise from or relate to the performance or failure to
perform by the Consultant (or any of its officers, agents, or employees) under this agreement,
without regard to any negligence of the County.
7.3 Defense. If requested by the County, the Consultant shall defend actions or
proceedings brought against the County (including its officers, agents, and employees) for any
indemnifiable losses to the fullest extent permitted by law. The County may conduct or
participate in its own defense, at its own cost, without affecting the Consultant’s obligation to
indemnify the County.
7.4 Survival. The parties' obligations under this article survive the termination of this
agreement.
Article 8
Insurance
8.1 Policy and Coverage Requirements. Without limiting the County’s right to obtain
indemnification from the Consultant or any third parties, the Consultant, at its sole expense,
shall maintain in full force and effect, the following insurance policies or a program of self-
insurance, which may include an insurance pooling arrangement or a joint powers agreement,
throughout the term of this agreement.
(A) Commercial General Liability. The Consultant shall maintain a commercial
general liability policy with limits of not less than One Million Dollars ($1,000,000) per
occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy
must be issued on a per occurrence basis. The County may require specific coverages
including completed operations, products liability, contractual liability, explosion-
collapse-underground, fire legal liability, or another liability insurance deemed necessary
because of the nature of this contract.
(B) Automobile Liability. The Consultant shall maintain a comprehensive
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automobile liability policy with limits for bodily injury of not less than Two Hundred Fifty
Thousand Dollars ($250,000) per person, Five Hundred Thousand Dollars ($500,000)
per accident, and for property damages of not less than Fifty Thousand Dollars
($50,000), or such coverage with a combined single limit of Five Hundred Thousand
Dollars ($500,000). Coverage must include owned and non-owned vehicles used in
connection with this agreement.
(C) Professional Liability. The Consultant shall maintain a professional liability
insurance policy with limits of not less than One Million Dollars ($1,000,000) per claim,
Two Million Dollars ($2,000,000) annual aggregate.
(D) Workers Compensation. The Consultant shall maintain a workers
compensation insurance policy as may be required by the California Labor Code.
8.2 Endorsements. The Consultant shall obtain endorsements to the commercial
general liability insurance naming the County of Fresno, its officers, agents, and employees,
individually and collectively, as additional insured, but only insofar as the operations under this
agreement are concerned.
(A) Such coverage for additional insured shall apply as primary insurance and any
other insurance, or self-insurance, maintained by the County, its officers, agents, and
employees shall be excess only and not contributing with insurance provided under the
Consultant’s policies required by this agreement.
(B) This insurance shall not be cancelled or changed without a minimum of 30 days
advance written notice to the County.
(C) Any insurance proceeds available to the Consultant under its Commercial
General Liability insurance in excess of the minimum coverage and limits specified for
that policy in this Agreement shall be available to the additional insured under the
endorsement required by this agreement. If the County permits the Consultant to sub-
contract any of its duties under this Agreement, the Consultant shall require all sub-
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contractors to obtain endorsements to their Commercial General Liability insurance
naming the County as additional insured with coverage at least as broad as that
provided by Insurance Services Office (ISO) form number CG 20 38 04 13.
8.3 Certificates of Insurance. When the Consultant delivers its signature to this
agreement, the Consultant shall cause its broker to provide certificates of insurance and
endorsement as stated above, for all of the policies required above, to Glenn Allen ,Department
of Public Works and Planning, 2220 Tulare Street, 6th Floor, Fresno, California, 93721, with
copy directed to the person having authority to receive notices to the County under this
agreement, stating all of the following:
(A) that such insurance coverages have been obtained and are in full force;
(B) that the County, its officers, agents, and employees will not be responsible for
any premiums on the policies;
(C) that the commercial general liability policy names the County, its officers, agents,
and employees, individually and collectively, as additional insured, but only insofar as
operations under this agreement are concerned;
(D) that such coverage for additional insured shall apply as primary insurance and
any other insurance, or self-insurance, maintained by the County, its officers, agents,
and employees, shall be excess only and not contributing with insurance provided under
the Consultant’s policies required under this agreement; and
(E) that this insurance shall not be cancelled or changed without a minimum of 30
days advance written notice to the County.
8.4 Failure to Maintain. If the Consultant fails to keep in effect at all times the insurance
policies and coverages required under this agreement, the County may, in addition to any other
remedies it may have, suspend or terminate this agreement upon the occurrence of that event.
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Article 9
Disclosure of Self-Dealing Transactions
9.1 Applicability. This article applies if the Consultant is operating as a corporation, or
during the term of this agreement changes its status to operate as a corporation.
9.2 Duty to Disclose. If any member of the Consultant’s board of directors is party to a
self-dealing transaction during the term of this agreement, he or she shall disclose the
transaction by completing and signing a “Self-Dealing Transaction Disclosure Form” (Exhibit C
to this agreement) and submitting it to the County before commencing the transaction or
immediately after.
9.3 Definition. “Self-dealing transaction” means a transaction to which the Consultant is
a party and in which one or more of its directors, as an individual, has a material financial
interest.
Article 10
General Provisions
10.1 Modification. This agreement may not be modified, and no waiver is effective,
except by another written agreement that is signed by both parties.
10.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
under this agreement without the prior written consent of the other party.
10.3 Governing Law. The laws of the State of California govern all matters arising from
or related to this agreement.
10.4 Jurisdiction and Venue. This agreement is signed and performed in Fresno
County, California. The Consultant consents to California jurisdiction for actions arising from or
related to this agreement, and, subject to the Government Claims Act, all such actions must be
brought and maintained in the Fresno County Superior Court.
10.5 Construction. The final form of this agreement is the result of the parties’ combined
efforts. If anything in this agreement is found by a court of competent jurisdiction to be
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ambiguous, that ambiguity is to be resolved by construing the terms of this agreement according
to their generally accepted meaning, and not by construing the terms of this agreement for or
against either party.
10.6 Headings. The headings and section titles in this agreement are for convenience
only and are not part of this agreement.
10.7 Severability. If anything in this agreement is found by a court of competent
jurisdiction to be unlawful or otherwise unenforceable, the balance of this agreement remains in
effect.
10.8 No Waiver. Payment, change, waiver, or discharge of any liability or obligation of the
Consultant under this agreement on any one or more occasions is not a waiver of performance
of any continuing or other obligation and does not prohibit enforcement by the County of any
obligation on any other occasion.
10.9 Entire Agreement. This agreement is the entire agreement between the Consultant
and the County with respect to the subject matter of this agreement, and it supersedes all
previous negotiations, proposals, commitments, writings, advertisements, publications, and
understandings of any nature unless those things are expressly included in this agreement.
10.10 Third-Party Beneficiaries. This agreement does not and is not intended to create
any rights or obligations for any person or entity except for the parties.
10.11 Authorized Signatures. The Consultant represents and warrants to the County that:
(A) The Consultant is duly authorized and empowered to sign and perform its
obligations under this agreement.
(B) The individual signing this agreement on behalf of the Consultant is duly
authorized to do so and his or her signature on this agreement will legally bind the
Consultant to the terms of this agreement.
10.12 Counterparts. This agreement may be signed in counterparts, each of which is an
original, and all of which together constitute this agreement.
1 The parties are signing this agreement on the date stated in the introductory clause.
2 LUHDORFF AND SCALMANINI,
CONSUL TING ENGINEERS, INC.
3 "' ::PY-r!:S) ~~ r,-1-
4
William L. Halligan, P. .,,
5 Principal Hydrogeologist
6 500 1st Street
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Woodland, California 95695
11 For accounting use only:
12 Org No.: 2540
Account No.: 7845
13 Fund No.: 0001
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Subclass No.:10000
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COUNTY OF FRESNO
hairman of the Board of
he County of Fresno
Attest:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: d-wfl~ J 4tt
Depuy
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Exhibit A
A-1
Scope of Work
The Consultant shall prepare and submit a SGMA-compliant GSP in accordance
California Code of Regulations, Title 23, Division 2, Chapter 1.5, Subchapter 2, addressing
Management Area A and B of the Delta-Mendota Subbasin pursuant to Tasks 1-12 of this
Agreement.
Task 1: Notification and Public Outreach
The Consultant shall assist the County in providing initial notification to DWR, as
required by Title 23, California Code of Regulations (GSP Regulations), section 353.6, of the
development of the GSP through the provision of any requested data or supporting information.
The County will facilitate public outreach through website development and public meetings.
The consultant shall provide supporting materials for public outreach activities as requested by
the County, including, but not limited to: data, methodologies, mapping, and project summary
updates. The Consultant shall provide all such materials in native Microsoft Office file formats
(e.g., Word, Excel, PowerPoint), and all Excel documents shall be fully functioning, including all
formulas. Any Geographical Information System (GIS) materials provided shall be compatible
with ArcMap. Consultant may be required to attend, in person, or via conference call, one or
more public outreach meetings upon request of the County. Because the number of in-person
meetings required is unknown, the budget for this task as shown in exhibit B does not include
in-person meetings. In-person meetings will be billed at the hourly rates provided in exhibit B.
For budgeting purposes, the Consultant estimates that each in-person meeting will cost
approximately $3,200.
Consultant shall include in the GSP a summary of information relating to notification and
communication by the GSA with other agencies and interested parties as required by Title 23,
California Code of Regulations, section 354.10.
Task 2: Monitoring Protocols
The Consultant shall develop monitoring protocols for the County that comply with Title
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Exhibit A
A-2
23, California Code of Regulations, section 352.2, and that are based on DWR’s Best
Management Practices. The development of monitoring protocols will require the Consultant to
review protocols prepared by other GSAs in the subbasin and to prepare a document that
establishes standards for manual measurements and automated devices to collect monitoring
data as part of the GSP implementation. Monitoring protocols provided by the consultant shall
include methodologies for the measurements of groundwater levels, groundwater quality,
groundwater extraction, and land subsidence and other monitoring data.
The completion of Task 2 is dependent on coordination with the other GSAs in the
Subbasin The Consultant estimates that this task will be completed by August 2018.
Task 3: Data and Reporting Standards
The Consultant shall review data reporting and standards prior to data collection and
analysis to ensure all data are usable and in the proper format. Data and reporting standards
shall meet or exceed minimum requirements under section 352.4 of Title 23, California Code of
Regulations. The Consultant is required to undertake the initial stages of data collection by
accessing all publicly available data in state and federal online databases for water levels, water
quality, streamflow, and subsidence that have not already been collected from previous work
conducted by the Consultant in the area. Consultant shall submit data requests as needed to
other GSAs in the subbasin to obtain data for areas outside Management Areas A and B. The
data collected from other GSAs not in compatible formats, units, and frequencies, shall be
modified and undergo Quality Assurance and Quality Control to facilitate input into a data
management system in Task 4 below.
Consultant shall provide bimonthly progress of data as collected.
Task 4: Data Management System
The Consultant shall develop and maintain a Data Management System (“DMS”), as
required by Title 23, California Code of Regulations, section 352.6, for the development and
implementation of the GSP and monitoring of the basin. The Consultant has developed and
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Exhibit A
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maintained a DMS in the form of a database containing monitoring data and information from
the Mendota Pool Group’s exchange monitoring program. The Consultant shall revise the DMS
to incorporate GSP-related monitoring data and formats consistent with DWR guidelines. The
Consultant shall utilize and modify the DMS to incorporate monitoring data collected under Task
3 for the sustainability indicators that exist in the Subbasin and within Management Areas A and
B. This updated database will be the DMS for the GSP and will be utilized to exchange data and
information with other GSAs in the Subbasin once a coordinating agreement is approved and
implemented.
As necessary, the Consultant shall participate with County representatives in bimonthly
conference calls or in person discussions to be held following meetings of the consolidated
Delta-Mendota Coordinated GSP Group in order to discuss DMS progress.
The Consultant shall perform Task 4 throughout the term of this agreement.
Task 5: Administrative Information
The Consultant shall include administrative information required under Title 23, Sections
354.6 and 354.8, California Code of Regulations, including but not limited to GSA information,
maps of the subbasin, jurisdictional boundaries of state and federal lands, existing land use
designations, along with the density of wells per square mile. In addition, the Consultant shall
include in the GSP a description of the GSP area, water resource monitoring and management
programs, summary of land use plans in the subbasin, summary of the permitting process for
new and replacement wells in the subbasin, wellhead protection, well abandonment and
destruction program, well construction policies, efficient water management practices, and
impacts on groundwater dependent ecosystems. The maps, policies, and procedures related to
well construction and permitting, wellhead protection, abandonment and destruction will include
existing County Ordinance Code provisions, and documents prepared by other GSAs in the
subbasin. The Consultant shall modify documents prepared by other GSAs as appropriate for
conditions within Management Areas A and B. The Consultant shall provide drafts of these
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Exhibit A
A-4
deliverables to the County for review and approval by the County prior to finalization.
Successive drafts might be necessary.
The Consultant shall perform Task 5 throughout the term of this agreement.
The Consultant shall provide GSP maps and a document including well construction,
permitting, wellhead protection, abandonment and destruction policies in draft for review and
approval by County prior to finalization. Successive drafts might be necessary.
Task 6: Coordination Agreement and GSP Coordination
The Consultant shall review the draft technical elements of the coordination agreement
and provide comments to the County. The consultant shall also attend and participate in
technical committee meetings of the subbasin GSAs until December 2019.
The Consultant shall perform Task 6 throughout the term of this agreement.
Task 7: Hydrogeologic Conceptual Model, Groundwater Conditions, and Water Budget
The Consultant shall develop information on the physical setting and characteristics of
the subbasin in general and Management Areas A and B in particular. That work shall include
three primary components: (1) a hydrogeologic Conceptual Model (Title 23, California Code of
Regulations, section 354.14), (2) the Groundwater Conditions (Title 23, California Code of
Regulations, section 354.16), and (3) a Water Budget (Title 23, California Code of Regulations,
section 354.18). Although Consultant has prepared portions of these components as part of the
recent Mendota Pool Group Exchange Program Environmental Impact
Statement/Environmental Impact Report (“MPG EIS/EIR”) in the vicinity of Management Areas
A and B, Consultant shall perform additional work to encompass areas within the southern
portion of Management Area B, to include sustainability indicators and other GSP required
information not addressed in the MPG EIS/EIR work. The Consultant may include the entire
subbasin, if additional information is required. The Consultant shall utilize data collected in
Tasks 3 and 4 to describe historical and current conditions in the subbasin and within
Management Areas A and B. During the development of the conceptual model and water
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Exhibit A
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budget, the Consultant shall identify data gaps in Management Areas A and B to assess the
level of uncertainty in the data, conceptual model, water budget, and sustainable yield.
The Consultant’s conceptual model and water budget shall include the evaluation of
groundwater levels, groundwater quality, geologic reports, well construction, and groundwater-
surface water interaction, and subsidence. The Consultant shall use the numerical model
developed for the MPG EIS/EIR, along with collected data, to determine historical and current
water demands and budgets, along with a sustainable yield for Management Areas A and B. As
part of this task, the Consultant will look into the need to expand the numerical model to the
south to ensure adequate coverage within the model domain of the southern extent of
Management Areas A and B. Currently, the southern extent of the model domain corresponds to
the southern extent of the management areas. The Consultant will consider extending the
model domain to the south a sufficient distance to avoid the influence of boundary effects on the
model results for Management Areas A and B or incorporate other approaches to minimize
boundary effects.
The Consultant shall utilize output from the model in the estimation of the water budget
and sustainable yield in the area and will be compared to results developed by the other GSAs
developing GSPs in the subbasin to ensure that the same datasets and methodologies are used
in the assessment of water budgets and sustainable yield in the various management areas and
subbasin. The Consultant shall also use the numerical model to evaluate the effectiveness of
management actions and projects to achieve sustainability by 2040 as required by DWR.
The completion of Task 7 is dependent on coordination with the other GSAs in the
Subbasin. The Consultant anticipates that this task will be completed by March 2019.
Task 8: Sustainability Management Criteria
The GSP shall include a Sustainability Goal (Title 23, California Code of Regulations,
section 354.24) which is the absence of undesirable results 20 years from the beginning of the
GSP implementation. The GSP shall also include a process for defining undesirable results
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Exhibit A
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(Title 23, California Code of Regulations, section 354.26). Undesirable results are based on six
sustainability indicators, including: (1) groundwater level declines, (2) groundwater storage
decline, (3) seawater intrusion, (4) subsidence, (5) groundwater quality impacts, and (6) impacts
on the beneficial uses of surface water. Both the sustainability goal and the definition of
undesirable results must be consistent throughout the entire subbasin and will be developed in
this task in coordination with the other GSAs’ GSPs. The Consultant shall utilize the modeling
tool to develop minimum thresholds and measurable objectives during the implementation and
planning horizon for the GSP, as required by Title 23, California Code of Regulations, sections
354.28 and 354.30, which for Management Areas A and B may differ from the subbasin, if the
consultant also provides an explanation for why different standards are appropriate and how
they will not result in undesirable results outside of Management Areas A and B.
The Consultant shall include within the GSP sections that describe the sustainability
goal, the processes and criteria relied upon to define undesirable results in the subbasin,
minimum thresholds, and measurable objectives as required by the regulations cited above.
Task 9: Monitoring Network
The GSP shall coordinate with other GSAs’ GSPs in providing a monitoring network for
the entire subbasin that will collect sufficient data to represent short term and long-term trends
and fluctuations in groundwater and surface water conditions in order to implement the
coordinated GSPs. The GSP shall identify all sustainability indicators that exist in the Subbasin
and all areas where new monitoring facilities may be necessary. The monitoring protocols
included in Task 2 shall be added to the deliverable for this task.
The completion of Task 9 is dependent on coordination with the other GSAs in the
Subbasin. The Consultant anticipates that this task will be completed by April 2019.
Task 10: Project and Management Actions
The GSP shall include a description of projects and management actions, as required by
Title 23, California Code of Regulations, section 354.44, that will help achieve the sustainability
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Exhibit A
A-7
goal for the subbasin. The Consultant shall develop the required information for projects and
management actions within Management Areas A and B. The GSP shall also include
descriptions of projects and management actions developed by other GSAs in the subbasin and
provided by those GSAs. The Consultant shall use the modeling tool to assess the effectiveness
of the proposed management actions and projects and the ability of each management action
and project to achieve sustainability will be evaluated. As part of GSA coordination within the
subbasin, the Consultant shall utilize the modeling tool to develop a projected water budget and
a projected baseline condition to compare the results of the management actions and projects
to achieve sustainability in the subbasin.
Task 11: Plan Contents
The Consultant shall compile the sections prepared during the GSP development into
one cohesive document, including those sections prepared by other GSP groups for the entire
subbasin. The Consultant shall compile comments gathered in stakeholder review. The
Consultant’s compilation of the final GSP shall identify areas where monitoring will be needed to
collect data on the effectiveness of those selected projects and management actions chosen to
achieve sustainability in the subbasin by 2040. This element of the monitoring network
evaluation will supplement monitoring network-related work conducted in previous tasks, which
were not focused on monitoring the effectiveness of selected management actions and projects.
The draft GSP shall be submitted to the County staff for review and approval. Successive drafts
might be required.
The Consultant shall produce a first draft GSP by July 2019, depending on coordination
efforts in the subbasin.. Following review by the County, a final draft will be prepared for public
review and comment by August 2019.
Following the public comment period and public hearing, a final version of the GSP will
be submitted for approval and adoption by the County Board of Supervisors by October 2019.
Following adoption, the Consultant shall work with other GSAs in the subbasin to coordinate
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Exhibit A
A-8
submission of GSPs to DWR by January 31, 2020.
Task 12: Project Management
The Consultant shall manage the Project, administer the budget, and correspond as
needed with the County. The Consultant shall provide progress reports no less frequently than
quarterly on the status of the GSP development effort and coordination with other GSAs in the
subbasin. The Consultant shall attend and participate in at least five in-person meetings with the
County and Management Area A and B landowners during the term of this Agreement, unless
deemed unnecessary by County staff.
The Consultant shall perform Task 12 throughout the term of this agreement.
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Exhibit B
B-1
Compensation
The Consultant will be compensated for performance of its obligations under this
agreement as provided in this exhibit B. Except as provided below for travel, all compensation
paid to Consultant shall be based on the hourly rates set forth below. The total amount paid to
the Consultant under the hourly rates for each task described in exhibit A shall not exceed the
total cost for each task as set forth below. For travel, the Consultant will be compensated for
reasonable and necessary travel expenses that are documented, up to the travel total set forth
below.
The Consultant is not entitled to any compensation except as expressly provided in this
exhibit B.
Hourly Rates
Senior Principal $202 / hour
Principal Hydrogeologist $200 / hour
Senior Hydrogeologist $178 / hour
Project Hydrogeologist $140 / hour
Staff Hydrogeologist/GIS $130 / hour
Contractor Word Processing $70 / hour
Task Totals
Task Hourly Total Travel Total
Task 1: Notification and Public Outreach $10,030
Task 2: Monitoring Protocols $12,496
Task 3: Data and Reporting Standards $25,208
Task 4: Data Management System $26,280
Task 5: Administrative Information $38,244
Task 6: Coordination Agreement and
GSP Coordination $28,736 $5,300
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Exhibit B
B-2
Task 7: Hydrogeologic Conceptual Model,
Groundwater Conditions, and Water Budget $154,668 $500
Task 8: Sustainability Management Criteria $79,584
Task 9: Monitoring Network $16,320
Task 10: Project and Management Actions $45,016
Task 11: Plan Contents $95,916 $148
Task 12: Project Management $42,740
Grand Totals $575,238 $5,948
The parties acknowledge that:
the GSAs in the subbasin are planning to produce multiple GSPs;
this effort will require coordination in data sharing, comparison of methodologies and
results, meetings, and consultations; and
the scale of this effort means the budget for this project is difficult to quantify, and the
specific work required is difficult to predict.
For those reasons, the County’s Director of Public Works and Planning is authorized to
increase any or all of the maximum amounts listed above by a cumulative total of no more than
$120,000.
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Exhibit C
C-1
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (“County”), members of a contractor’s
board of directors (“County Contractor”), must disclose any self-dealing transactions that they
are a party to while providing goods, performing services, or both for the County. A self-dealing
transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which
one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation’s transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
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Exhibit C
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(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code 5233 (a)
(5) Authorized Signature
Signature: Date: