Memorandum
Date: July 15, 2025
To: The Honorable Lake County Board of Supervisors, serving as the Board of Directors of Lake County Watershed Protection District
From: Dr. Pawan Upadhyay, Director, Water Resources Department and Watershed Protection District
Subject: (Sitting as the Board of Directors Lake County Watershed Protection District) (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of the goods and services, and (b) Authorize the County of Lake Water Resources Director to sign a Memorandum of Understanding Amendment agreement between the Lake County Watershed Protection District and the Tribal EcoRestoration Alliance for the time period of June 1, 2024 - December 31, 2026.
Executive Summary:
Staff is requesting the Board of Directors of the Lake County Watershed Protection District, approve the attached Amendment to an existing Memorandum of Understanding (MOU) between the Lake County Watershed Protection District (District) and the local, non-profit Tribal EcoRestoration Alliance (TERA) organization to conduct much-needed conservation land and water management efforts in Lake County.
This contract outlines services TERA would be conducting for the District, and the District would be paying TERA for these services. The attached MOU and scope of work (ATTACHMENT A) identifies the specific tasks, grant projects, restoration needs, and anticipated future projects.
This item is not expected to be controversial; therefore we are requesting this item to be placed on the Consent Agenda.
The attached MOU supersedes the previous MOU dated June 4, 2024, as well as the prior memorandum on file under #24-612. The District and TERA have collaborated on several impactful grant-funded projects, including shoreline restoration, levee and creek vegetation maintenance, native plant community restoration and rearing, and planning for cultural and invasive plant burning. These essential efforts have been made possible through TERA’s partnership, helping the District overcome staffing and capacity limitations to complete work that would otherwise not be feasible. Both parties are appreciative of this collaboration and remain committed to cross-disciplinary knowledge sharing and to advancing a shared vision of healing the land and strengthening our communities.
Staff is requesting that the Board waive the competitive bidding process and approve an amendment to the existing contract with TERA, in accordance with Lake County Code Section 38.2, as it is not in the public’s interest to competitively bid this project, due to:
38.2 (2) The unique nature of the goods or services precludes competitive bidding because TERA provides an experienced conservation-focused, culturally-relevant, and dedicated stewardship role on all their projects; and
38.2 (3) The competitive bidding process would not produce an economic benefit to the County because TERA is a 501c3 (Federal EIN: 99-1079532, CA SSID: 6085557) non-profit organization and provides their contracted services at cost.
As during the last MOU period, when possible and where eligible, outside funding and grants are being used and pursued to support the project tasks within the scope of work. For example current grants from the Department of Pesticide Regulation, Blue Ribbon Committee for the Rehabilitation of Clear Lake, California Natural Resources Agency, Wildlife Conservation Board, and CA Department of Water Resources are currently available to fund TERA. Future or planned funds might be sourced from grants and funding agreements through Westside IRWMP, NRCS, US Fish and Wildlife Service, CA Department of Fish and Wildlife, State Water Board, and Cal-Fire. Internal District funds will be used to supplement or support these outside funding sources when needed.
However, due to the nature of the field-based services needed, exact hours required for the agreed tasks fluctuate seasonally. The prior estimated cost was _$25,000 to _$80,000 , not to exceed _$90,000 . Tasks within the scope of work (ATTACHMENT A) are now estimated to cost between $25,000 and $180,000 annually, with a budget not to exceed $200,000 in any single fiscal year.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Purchasing Considerations (check all that apply): ☐ Not applicable
☐ Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy <http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (describe process undertaken in “Executive Summary”)
☐ Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive Summary,” attach documentation, as needed)
☐ For Technology Purchases: Vetted and Supported by the Technology Governance Committee <http://lcnet.co.lake.ca.us/Assets/Intranet/Intranet+Forms/Information+Technology/AdvPlan.pdf> (“Yes,” if checked)
☐ Other (Please describe in Executive Summary)
Consistency with Vision 2028 <http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☒ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☒ Infrastructure ☒ County Workforce
☒ Community Collaboration ☐ Business Process Efficiency ☒ Clear Lake
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested? 38.2
How long has Agreement been in place? This is continuation of previous MOU from 2022.
When was purchase last rebid? N/A
Reason for request to waive bid? in accordance with Lake County Code Section 38.2, it is not in the public’s interest to competitively bid this project, due to (2A) the unique nature of the goods or services precludes competitive bidding, 2(B) these services are provided by another governmental agency (multi-tribal organization affiliated with Robinson Rancheria), and lastly TERA is a 501c3 non-profit organization, so financial gain would not be substantial enough to pursue the bid process.
Recommended Action:
(a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of the goods and services, and (b) Authorize the County of Lake Water Resources Director to sign an Memorandum of Understanding agreement between the Lake County Watershed Protection District and the Tribal EcoRestoration Alliance for the time period of June 1, 2024 - December 31, 2026.