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HomeMy WebLinkAbout09.18.2019 WB Agenda Packet Special MeetingCity of Bakersfield Water Board Special Meeting of September 18, 2019 First Point — September 10. 2019 Water Resources File Packet WATER BOARD Bob Smith, Chair Chris Parlier `FORA Ken Weir I . CALL TO ORDER 2. ROLL CALL 3. MINUTES 4 5, 6. 7 CITY OF BAKERSFIELD WATER BOARD SPECIAL MEETING Wednesday, September 18, 2019 - 2:00 p.m. City Hall North Conference Room A 1600 Truxtun Ave, Bakersfield, CA 93301 AGENDA A. Minutes of the Special Meeting of July 10, 2019 for approval - For Board Review and Action PUBLIC STATEMENTS KERN RIVER LEVEE DISTRICT REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information B. Update on Water Usage in the City's Domestic Water Service Area for August 2019 - For Board Information NEW BUSINESS A. Resolution setting Domestic Water Availability Fee for service areas of the City of Bakersfield Domestic Water system - Staff recommends the Water Board forward the resolution to City Council for adoption at the public hearing scheduled on October 23, 2019. B. Weather Modification Precipitation and Reimbursement Agreement with North Kern for participation in Weather Modification - Staff recommends the Water Board refer the Reimbursement Agreement with North Kern for approval on the October 23, 2019 meeting. Water Board Agenda September 13, 2019 8. WATER BOARD STATEMENTS 9. CLOSED SESSION 10. CLOSED SESSION ACTION 11. ADJOURNMENT ART CHIANELLO, P.E. POSTED: September 17 2019 Page 2 BAKE O�yc seoeo� �5�, U ADMINISTRATIVE REPORT IFO WATER BOARD MEETING DATE: September 18, 2019 AGENDA SECTION: Minutes ITEM: 3. A. TO FROM DATE: SUBJECT Bob Smith, Chairman Chris Parlier, Member Ken Weir, Member Art Chianello, Water Resources Manager September 13, 2019 APPROVED DEPARTMENT HEAD Approval of the Minutes of the Special Water Board Meeting of July 10, 2019. RECOMMENDATION: Staff recommends approval of the Minutes of the Special Water Board Meeting of July 10, 2019. BACKGROUND: MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD trrtt?'`t 9trF ��P Wednesday, July 10, 2019 - 3:00 p.m. City Hall North Conference Room A 1600 Truxtun Ave, Bakersfield, CA 93301 CALL TO ORDER Chairman Smith called the meeting to order at 3:00 p.m. 2. ROLL CALL Present: Chairman Smith, Member Parlier, Member Weir Absent: None 3. MINUTES A. Minutes of the Special Meeting of May 15, 2019 for approval. Motion by Member Weir to approve the Minutes of May 15, 2019. APPROVED ALL AYES 4. PUBLIC STATEMENTS Dennis Fox spoke about two books regarding Water. Mr. Fox also submitted to each Water Board Member a copy of a letter he wrote to the California Fish and Game Commission with the subject: Negative Aspects of Transfers and other Water Subsidies which Mr. Fox will be submitting August 8, 2019. Mr. Fox ask the Board to review and offer suggestions. Board information only, no action taken. 5. KERN RIVER LEVEE DISTRICT - None 6. REPORTS A. Kern River & Isabella Reservoir Operations Report Miguel Chavez, Hydrographic Supervisor, gave an overview of the current and future Kern River Operations. Mr. Chavez stated that we are currently on tract to finish off the April thru July runoff period at 198% of normal. Since our last meeting, the Kern River has been very active. In June, regulated outflow peaked at 5,400 cubic feet per second (cfs) and inflow to Lake Isabella peaked at 6,701 cfs. Looking ahead, the city will continue to maintain flows in the river from Manor Street to the City's 2800 Acre spreading Facility through August. Board information only, no action taken. Bakersfield, California, July 10, 2019 - Page 2 6. REPORTS (cont.) B. Update on Water Usage in the City's Domestic Water Service Area for June 2019 Kristina Budak, Water Resources Director, referenced graphs that show the water usage for the City's Domestic Water Service Area from January 2019 through June 2019 and the monthly percentage reduction (or increase) for the service area for the same period compared to the 2013 baseline. From January 2019 through June 2019 the City's Domestic Water Service Area saved 2354 acre feet compared to 2013 quantities. The cumulative water savings over this time period is about 13.75% reduction from 2013 baseline. Board information only, no action taken. 7. NEW BUSINESS A. Contract Change Order No. 1 to Agreement No. 17-084 with W.M. Lyles ($245,596; revised not to exceed $29,123,931) for the Construction and Design of TCP Project - Staff recommends the Water Board refer the change order to City Council for approval. Art Chianello, Water Resources Manager, stated this is regarding the City's TCP Project which I am happy to report is complete. Construction is finished. The construction contract was a progressive design/build contract with W.M. Lyles. Total contract amount $29,123,931 with a total of twenty-six (26) change orders. A total of twenty-one (21) extra changes in the amount of $686,990.02 and a total of five (5) adjustment of compensation changes (credits) in the amount of $441,394.02 making a net change order amount of $245,596. Total cost was $46,600,000 with $29,129,931 paid to W.M. Lyles and the remainder used for purchase of equipment, supplies, and other agreements. Motion by Weir to refer change order to City Council for approval. APPROVED ALL AYES B. Proposed increase to O&M Agreement No. 92-250 with California Water Service Co. in the amount of 3.1 %, increasing annual cost by an estimated $224,698. - Staff recommends approval of proposed rate increase. Art Chianello, Water Resources Manager, explained Agreement No. 92- 250 is an operations and maintenance agreement between California Water Service Co. (Cal Water) and the City of Bakersfield for Cal Water to operate and maintain the City of Bakersfield's domestic water system. There is a provision in the agreement for annual adjustment of the rate for increased cost of operation and maintenance of our system. Cal Water and City staff look at previous year cost and negotiate an increase for the year. Mr. Chianello referred to the Administrative Report chart for the past 5 years of California Water Service Co. (CWS) negotiated increase compared to the CPI. With increase operation and maintenance costs due to the installation of 110 new granular activated carbon vessels staff Bakersfield, California, July 10, 2019 - Page 3 7. NEW BUSINESS (continued) recommends a monthly per meter fee increase from $12.86 to $13.26 (3.10%). Geoff Fulks, California Water Service Company District Manager, explained escalation of chemical cost, system growth, and new demands. Motion by Parlier to approve proposed rate increase. APPROVED ALL AYES C. Approval of a resolution is required to utilize the design/build construction procurement process. - Staff recommends the Water Board refer the resolution to City Council for approval. Art Chianello, Water Resources Manager, stated the purpose of the resolution is to authorize the design/build construction procurement process to install water flow monitoring devices at 20 locations along the Kern River. Currently at those locations we have ink chart recorders that measure flows but under new State guidelines digital measuring is required. On May 23, 2018 council approved a resolution authorizing the Water Resources Manager to apply for the Water and Energy Efficiency WaterSMART Program administered by the United States Bureau of Reclamation for a SCADA Project grant. The City received the grant for approximately $763,000 with City matching funds. With the funds included in this fiscal year's budget, the most efficient and cost effective approach for design and construction to install the SCADA system due to the uniqueness of each diversion point and each weir is the design/build project delivery method. Prior to starting the RFQ/RFP process, Municipal Code 3.20.060 D. requires that a resolution be approved by City Council prior to utilizing the design/build construction process. Staff recommends the City Council adopt the resolution. Staff concurred data would be better, more timely, and more accurate. Motion by Weir to refer the resolution to City Council for approval. APPROVED ALL AYES 8. WATER BOARD STATEMENTS Chairman Smith stated he observed city staff working on the Coffee Rd weir at 11:00 pm. Mr. Chianello responded Water Resources has a swing shift canal tender monitoring flows and cleaning out debris as needed. Chairman Smith inquired to additional items Water Resources is working on. Mr. Tandy responded City reviewing the possibility of increased winter carryover storage, and the potential for Kern River interests to have discussions with the Army Corp of Engineers. This is significant because considering all of the Isabella Lake dam improvements under construction, a study may show that an increase in winter carryover storage is feasible and will result in many benefits. Bakersfield, California, July 10, 2019 - Page 4 9. CLOSED SESSION - None 10. CLOSED SESSION ACTION - None 11. ADJOURNMENT Chairman Smith adjourned the meeting at 3:39 p.m. Bob Smith, Chairman City of Bakersfield Water Board Kimberly Aleman, Secretary City of Bakersfield Water Board BAKE ADMINISTRATIVE REPORT cgL�°L WAT E R BOARD MEETING DATE: September 18, 2019 AGENDA SECTION: Reports ITEM: 6. A. TO: Bob Smith, Chairman Chris Parlier, Member Ken Weir, Member FROM: Art Chianello, Water Resources Manager DATE: September 13, 2019 APPROVED DEPARTMENT HEAD SUBJECT: Kern River & Isabella Reservoir Operations Report RECOMMENDATION: For Board Information BACKGROUND: Report on current Kern River flow and Isabella storage conditions. w Q O U) _w O w U) W Q J J W X ,,Q^^ W V/ Ce w O J LL r � O W N J o N LU w 3 O J LL J Q a Z W Z W Y O O O O O O O O O O O O O O O O O O O O O O O to O LO O LO O LO O LO O 00 r- ti (D O LO LO 'T It M M ONOODS 213d 133d oi9no CD O O O O p O LO O LO O to N N r- r a a) U) 0) 6 Q rn 0) r a c� C O r L Q m O a) LL rn c ns 00 U a) 3 0 z U D (slsay;uaJed ul UOIJEAa13) 1d3d ui 30yNOlS O LL O LL O LL OLi OLL c) OLL O� OLL O� On IES'', W O a O Cl) p 04 1p O coo O(D O O N O m O m O O N O m O O O O �o O 6 LL O ,n O o m O O� O Om O� Om C5 ON O� O O n O O v O LO N to O O� Lo v O N to N O :fi O v`°i LO N O� _N O" I M� M N N �— Lo `= O O O O O O O O O O O O O O O O O O O O O O O O to O LO O LO O LO O LO O 00 r- ti (D O LO LO 'T It M M ONOODS 213d 133d oi9no CD O O O O p O LO O LO O to N N r- r a a) U) 0) 6 Q rn 0) r a c� C O r L Q m O a) LL rn c ns 00 U a) 3 0 z U D i 1 3 1 I I IES'', /I I ;z I j i i i I i I j i i i j m { I i I I I R L O i � I d N I i 3 0 LL L I a Z I i ! i I O O O O O O O O O O O O O O O O O O O O O O O to O LO O LO O LO O LO O 00 r- ti (D O LO LO 'T It M M ONOODS 213d 133d oi9no CD O O O O p O LO O LO O to N N r- r a a) U) 0) 6 Q rn 0) r a c� C O r L Q m O a) LL rn c ns 00 U a) 3 0 z U D w -j >-LL, OCLL w (A Q w R �e (71 m O C) � § \ d § E E > < [ u k� uj )cr _LnW \ } LLI> W z in §a in (\ W zz L D £ WLi �} }§ i= 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S GS % g\ 2®G & mQ 1333-3M:)V � OSBAKE '�wnroa,re �s� ADMINISTRATIVE REPORT c9L'�° WATER BOARD MEETING DATE: September 18, 2019 AGENDA SECTION: Reports ITEM: 6. B. TO: FROM: DATE: SUBJECT Bob Smith, Chairman Chris Parlier, Member Ken Weir, Member Art Chianello, Water Resources Manager September 12, 2019 APPROVED DEPARTMENT HEAD Update on Water Usage in the City's Domestic Water Service Area August 2019 RECOMMENDATION: For Board information BACKGROUND: On April 7, 2017, the Governor ended the Drought State of Emergency for California's water purveyors. Even though there is no longer a conservation target for the City's Domestic Water Service Area, the City is still recommending that conservation efforts by our residents continue due to historically low groundwater levels. The graphs on the following page show the water usage for the City's Domestic Water Service Area for 2019 to -date and the monthly percentage reduction for the service area for the same period compared to 2013. So far in 2019, the City's Domestic Water Service Area has saved 3344.8 acre feet compared to 2013 quantities. The cumulative water savings over this time period is about 11.92% reduction from 2013 quantities. The water savings amounts stated are for total water deliveries in the system. It should be noted that the City's Domestic Water System has grown over the past six years. In 2013 the population served by the City domestic water system in August was approximately 135,960 residents and in August 2019, the population served is about 153,773 residents. This is a population increase of about 11.58% over the six-year period. Therefore, considering the population growth in the City's system and the reduced amount of water used during the month of August, water use reduction equates to approximately 15.31 % per person per day. O�RAKE �caeeoe„� �S� U t” c�LIFOF. 2,500,000 2,300,000 2,100, 000 1,900,000 LL U 1,700,000 W H 1,500,000 W a' W W 1,300,000 OE; 1,100, 000 900,000 82 700,000 81 500,000 30.00% 25.00% ZZ 20.00% ADMINISTRATIVE REPORT WATER BOARD Domestic Water Use Comparison 1 '3n7 Z RACTr- ..nom -- Jan .- Jan Feb Mar 5.78% 5.00% 1.00% 0.00% Jan Feb 28.10% L,May June Jul Aug Sep Oct Nov Dec Metered Percent Reduction by Month 16.00% 15.80% 11.88% 10.86% 7.41% Mar Apr May June Jul Aug Sep Oct Nov Dec BAKE J ADMINISTRATIVE REPORT c9LIFO �� WATER BOARD MEETING DATE: September 18, 2019 AGENDA SECTION: New Business ITEM: 7. A. TO: FROM: DATE: SUBJECT: Bob Smith, Chairman Chris Parlier, Member Ken Weir, Member Art Chianello, Water Resources Manager September 12, 2019 APPROVED DEPARTMENT HEAD (C Resolution setting Domestic Water Availability Fee for service areas of the City of Bakersfield Domestic Water system. RECOMMENDATION: Staff recommends that Water Board approve that the resolution be forwarded to the full City Council for adoption at the public hearing scheduled on October 23, 2019. BACKGROUND: The City Water Board, with concurrence of the City Council, shall establish availability fees per Municipal Code Section 14.04.120(b) for water service facilities required to enable development of all areas served by the city water system. Such fees are declared to be necessary to compensate the city for the expense incurred in furnishing source, storage, and water distribution facilities, and related capital project expenses. The basis for the water availability fee adjustment is defined in Bakersfield Municipal Code Section 15.84.030 as the ENR Annual Construction Cost Index (Los Angeles) as published by Engineering News Record, McGraw Hill. The most recent increase is 1.91 %. The current Water Availability Fee is $6,054 per gross acre, and is recommended to be revised by this percentage to $6,169 per gross acre, or an increase of $115 per gross acre. Assuming four (4) dwelling units per gross acre, the increase equates to a one-time charge of $28.75 per dwelling unit. California Government Code Section 66016 requires that increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. It also requires a local agency to hold at least one open and public meeting regarding the increase. A public hearing to accept testimony regarding the fee increase is scheduled to be held before the Council of the City of Bakersfield on Wednesday, October 23, 2019. AVAILABILITY FEE 2018 2017 January 11,935.82 11,555.03 February 11,935.82 11,555.03 March 11,935.82 11,555.03 April 11,935.82 11,642.47 May 11,935.82 11,636.49 June 11,940.25 11,636.49 July 11,985.50 11,636.49 August 12,000.25 11,962.32 September 12,002.50 11,960.32 October 12,009.59 11,935.82 November 12,006.35 11,935.82 December 12,011.85 11,935.82 143,635.39 140,947.13 Divided by 12 11,969.62 11,745.59 Computation of change in CCI: 2018 11,969.62 2017 11,745.59 Change ($) 224.03 Change (%) 1.91% Current Availability Fee- July 1, 2019 $6,054 Change (%) Construction Cost Index 1.91% New Availability Fee- July 1, 2020 $6,169 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING DOMESTIC WATER AVAILABILITY FEE. WHEREAS, the City is slated with the responsibility of ensuring that all proposed development in the City's Domestic Water Service area will have a viable high quality water supply and pressures or such development cannot proceed; and WHEREAS, in order to ensure that current and future infrastructure and distribution of water supplies will be available for current and new users, the City must take all necessary steps to procure and capture water resources, including, but not limited to, acquiring real property for the drilling of water wells, installation of transmission water mains and water treatment facilities; and WHEREAS, the cost of procuring and maintaining the water supply is an expense which is funded from the various fees established for the use of such water supplies; and WHEREAS, the Availability Fee charged to ensure water will be accessible for new development (cost of funding new water well construction, purchase of land for recharge facilities, etc.) is currently $6,054.00 per acre and has not be adjusted since July 1, 2015; and WHEREAS, pursuant to Government Code Section 66016, the City noticed a hearing for October 23, 2019 regarding the setting of the availability fee; and WHEREAS, pursuant to the calculations set forth in Exhibit "A", attached hereto and incorporated herein by reference, the new availability fee needs to be set at $6,169.00 per acre effective November 1, 2019 to offset these increased costs, pursuant to Bakersfield Municipal Code Section 14.04.120(b) in accordance with the Construction Cost Index as defined in the Bakersfield Municipal Code Section 15.84.030(D). -- Page 1 of 3 Pages -- NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: I . The above recitals are true and correct and incorporated herein by reference; 2. The City Council hereby adopts a new water availability fee of $6,169.00 per acre based upon the calculations contained in Exhibit «A„ --------0000000 -------- -- 000000-------- -- Page 2 of 3 Pages -- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCIL MEMBER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER APPROVED KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 VIRGINIA GENNARO City Attorney JHR:pd RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 3 of 3 Pages -- BAKES, � xcaeeoeer� t� ADMINISTRATIVE REPORT cR IF, � WATER BOARD MEETING DATE: September 18, 2019 AGENDA SECTION: New Business ITEM: 7. B. TO: Bob Smith, Chairman Chris Parlier, Member Ken Weir, Member /APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD /7C', DATE: September 12, 2019 G� SUBJECT: Reimbursement Agreement between City of Bakersfield and North Kern Water Storage District for Weather Modification Program for a not to exceed amount of $182,397.75 for 2019 through 2022 [$60,799.25 annually]. RECOMMENDATION: Staff recommends Board referral to City Council for approval BACKGROUND: The City has been participating in the weather modification program with the other Kern River interests since 1977. This program is formally known as the Kern River Basin Cloud Seeding Program. On November 2, 2016, the City Council approved an agreement with North Kern Water Storage District (North Kern) to conduct the program. The agreement expired at the end of the operation season on April 30, 2019. Cloud seeding artificially stimulates clouds to produce more rainfall or snowfall than they would produce naturally. RHS Consulting, the company that North Kern contracts with for cloud seeding program estimates a precipitation/runoff increase of I I%. At a 90 % confidence level, RHS estimates 7.9% to 15.8% increase in streamflow. In a median year, the City of Bakersfield's historic Kern River yield is approximately 118,000 acre feet. At a 10% increase in yield, there would is an additional 11,800 acre feet of water. At $60,799.25 per year, the cost of the water potentially generated by cloud seeding is very inexpensive at $5.15 per acre foot. City staff recommends approval of the agreement to continue weather modification. AGREEMENT NO. AGREEMENT FOR REIMBURSEMENT OF KERN RIVER WEATHER MODIFICATION PROGRAM COSTS THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation ("CITY" herein), NORTH KERN WATER STORAGE DISTRICT ("DISTRICT' herein). RECITALS WHEREAS, the Department of Water Resources, State of California, initially issued to the DISTRICT a permit for Weather Resources Management (herein referred to as the "permit"), dated July 2, 1980 (Permit #11), which authorizes the DISTRICT to conduct a Weather Resources Management Program (hereinafter referred to as the "Program"; and WHEREAS, the City of Bakersfield, North Kern Water Storage District, Kern Delta Water District and Buena Vista Water Storage District currently participate in the Kern River Basin Cloud Seeding Program; and WHEREAS, the DISTRICT has entered into a contract with RHS Consulting, Ltd. ("Contractor" herein) who has on its staff qualified and recognized weather resources management personnel and other professionals necessary to carry out and supervise the program and it has at its disposal the equipment necessary to carry out the Program; and WHEREAS, on September 18, 2019 the City of Bakersfield Water Board approved participation in Kern River Weather Modification Program for the 2019 through 2022 seasons; and WHEREAS, the total amount to conduct a Weather Resources Management Program for three seasons, 2019-20 through 2021-22 is estimated to be $729,591 for all three seasons, 2019 to 2022. The shared cost for each participant is twenty- five percent (25%) of the total cost, not to exceed $182,397.75; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DISTRICT mutually agree as follows: 1. PROGRAM. CITY shall participate in the Kern River Weather Modification Program for the three season from 2019-20 through to 2021-22. 2. CONTRACTOR. Contractor shall engage in artificial cloud nucleation operations during the term of the contract, within the target area identified by -- Page 1 of 6 Pages -- and consistent with the INITIAL STUDY OF ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAM and the above referenced permit. The purpose of this cloud nucleation operation is to increase precipitation within the target area. 3. COSTS. This reimbursement agreement only includes the CITY's agreed cost. CITY shall reimburse DISTRICT for costs incurred by DISTRICT to conduct a Weather Resources Management Program, in an amount not to exceed $60,799.25 annually for three years, 2019-20 to 2021-22. 4. PAYMENTS. DISTRICT shall invoice CITY pursuant to this agreement and provide CITY with documentation for costs incurred for materials, labor and equipment. CITY shall reimburse DISTRICT for these costs within 45 days of receipt. S. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 6. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 7. EXECUTION. This Agreement is effective upon execution. It is the produce of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 9. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 10. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 11. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written -- Page 2 of 6 Pages -- representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 12. NEGATION OF PARTNERSHIP. City shall not become or be deemed a partner or joint venture with DISTRICT or associate in any such relationship with DISTRICT by reason of the provisions of this Agreement. DISTRICT shall not for any purpose be considered an agent, officer or employee of City. 13. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of any provisions of this Agreement. 14. NON-INTEREST. No officer or employee of City shall hold any interest in this Agreement (California Government Code section 1090). 15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the Unites States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD Water Resources Department 1000 Buena Vista Road Bakersfield, CA 93311 Telephone: (661) 326-3715 DISTRICT: NORTH KERN WATER STORAGE DISTRICT P. O. Box 81435 Bakersfield, CA 93380-1435 Telephone: (661) 393-2696 Facsimile: (661) 393-6884 16. TERM. The term of this Agreement shall be for one (1) year from the date first written above with two (2) one year automatic renewals, provided, however, unless either party hereto provides written notice of termination at least thirty (30) days prior to the end of each relevant term. 17. TERMINATION. This Agreement will terminate upon the completion of the work, payment has been received by DISTRICT from the CITY for such work -- Page 3 of 6 Pages -- and DISTRICT has completed an operations and monitoring plan with the cooperation of the City. 18. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 19. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. CITY: CITY OF BAKERSFIELD Water Resources Department Attn: Art Chianello, P.E. Water Resources Manager 1000 Buena Vista Road Bakersfield, California, 93311 AGENCY: NORTH KERN WATER STORAGE DISTRICT Attn: Richard A. Diamond General Manager P. O. Box 81435 Bakersfield, CA 93380-1435 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 21. TIME. Time is of the essence in this Agreement. 22. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement -- Page 4 of 6 Pages -- may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 24. INDEMNITY. CITY and Contractor have entered into a separate indemnification agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" "DISTRICT" CITY OF BAKERSFIELD NORTH KERN WATER STORAGE DISTRICT M. Print Name: KAREN GOH Mayor Title: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT ART CHIANELLO, P.E. Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney M. VIRGINIA GENNARO City Attorney Insurance: Signatures on following page -- Page 5 of 6 Pages -- COUNTERSIGNED: RANDY McKEEGAN Finance Director Attachments: Kern River Watermaster letter dated August 15, 2019 - Weather Modification Program Contract between North Kern Water Storage District and RHS Consulting, Ltd. -- Page 6 of 6 Pages -- Kern River Watermaster 16294 Highway 43 P.O. Box 1168 Wasco, California 93280 4. Office: (661) 758-5153 Cell (661) 201-5527 Fax: (661) 758-6167 August 15, 2019 TO: Miller-Haggin Interests FROM: Dana S. Munn RE: Weather Modification Program The Kern River Miller-Haggin Interests ("MHI" does not include Lower River—KCWA) has been engaged in weather modification of the Kern River Basin since 1977. The program has had North Kern Water Storage District ("NKWSD") contracting with the vendor with the MHI splitting the costs 4 ways. Almost all of the weather modification involved using airplanes to disperse seeding material during storm events. There have been ground generators used in areas that airplane use has been restricted (South Fork due to China Lake military airspace) and a year where a retirement of a contractor caused airplanes not to be available. For the last several years RHS Consulting, Ltd (RHS) has been used. The contractor provides an end of the season report with statistical analysis comparing basins in the Sierra that do not have weather modification to the Kern. The RHS statistical analysis shows an 11% average gain in streamflow with a cost of $1.50/AF to $5/AF. Three years ago a similar report was provided to Cal Poly IRTC for review. Although they questioned some of the statistical tools the Cal Poly IRTC staff supported the continued weather modification program. Four years ago in order to control costs the program split fixed costs with Kaweah Delta Conservation District. It is proposed to continue this operation. Prior to three years ago the timing of the prior year's report and the approval for the next year's program caused some problems getting all four of the MHI formal participation approval before the November 1 program start date. Given that a three year program was contracted for with the option of a party to terminate participation at the end of the first or second season's participation. RLS has slightly increased costs due to insurance and FAA required equipment upgrades. The draft contract is attached along with a spreadsheet comparing 2016 to 2019 proposed costs. Given the above each Board needs to consider action per the following outline: 1. Participate in the Kern River Weather Modification Program for the 2019/2020 thru 2022/13 seasons with North Kern Water Storage District as the contracting agency. Weather Modification Program Page 1 of 2 2. Concur on contract between North Kern Water Storage District and RHS Consulting, Ltd, 3. Pay share of costs based on: a. Not to exceed: i. $729,591 for all three seasons. ii. $243,197 per single season. b. The shared cost for each participant is twenty-five percent (25%) of the total cost i. Not to exceed: 1. $182,398 for all three seasons. 2. $60,799 per single season. 4. Each Participant can opt out after the end of each season. Attachments: Draft contract from RHS Consulting, Ltd Weather Modification Program Page 2 of 2 CONTRACT This contract entered into this _'h day of , 2019 by and between NORTH KERN WATER STORAGE DISTRICT, a Water Storage District organized and existing under and by virtue of Division 14 of the California Water Code, hereinafter referred to as the "District" and RHS Consulting, Ltd., hereinafter referred to as the "Contractor". WITNESSETH: WHEREAS: The Department of Water Resources, State of California, initially issued to the District a permit for Weather Resources Management (hereinafter referred to as the "permit"), dated July 2, 1980 (Permit #11), which authorizes the District to conduct a Weather Resources Management Program (hereinafter referred to as the "Program"); and WHEREAS: The Contractor has on its staff qualified and recognized weather resources management personnel and other professionals necessary to carry out and supervise the program and has at its disposal the equipment necessary to carry out the program; NOW THEREFORE, IT IS AGREED as follows: 1. Contractor shall engage in artificial cloud nucleation operations during the term of this contract, within the target area identified by and consistent with the INITIAL STUDY OF ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAM and the above referenced permit. The purpose of this cloud nucleation operation is to increase precipitation within the target area. 2. This contract shall cover three consecutive winter seasons operating between November I and ending on April 30 of each winter season. The term of this contract shall begin on November 1, 2019 and end on April 30, 2022. 3. The District has the option of extending the work at its discretion on a monthly bas is at the same monthly rates (standby plus consumables) by requesting the Contractor five (5) five days in writing prior to the end of the normal end date of the contract. 4. The Contractor shall furnish and have available for use duringthe operational period the following equipment and personnel: a. The Contractor agrees to have available on a 24 -hour -per -day, 7 -day -per -week basis the services of a competent staff to furnish full meteorological data. The Contractor will maintain real time 24 -hour -per -day, 7 -day -per -week access and use local NWS NEXRAD Level II "super resolution" radar data and software designed to track and analyze precipitation in clouds upwind and over the target area. The NWS Hanford NEXRAD radar will be the primary radar used for weather surveillance and directing aircraft seeding operations. c. All basic weather data will be processed and archived in the Contractor's Reno office. This information will be used to coordinate various phases of the field program. A dedicated cloud seeding aircraft will be based at the Visalia or Fresno Yosemite Airport at the discretion of the Contractor. This all- weather aircraft will be equipped for dispensing silver iodide and other nucleating agents for use in cloud seeding activities throughout the target area. A backup aircraft will be made available for use on the program within 24 hours should any issues arise that prevent the use of the primary aircraft. i) The contractor agrees that its aircraft and equipment thereon will be certified by the Federal Aviation Administration, an agency of the United States of America, and that any and all pilots operating aircraft by or on behalf of the Contractor shall be duly licensed by the said Federal Aviation Administration. ii) Contractor will furnish the following personnel during the contract period: (a) One radar meteorologist to be located at the Contractor's Fresno Office (b) One instrument rated cloud seeding pilot to be stationed in or nearby the project area and available to fly with two hours' notice day or night. (c) One additional relief instrument rated cloud seeding pilot to provide the project pilot required rest during extended storm periods. (d) Attend Board Meetings and respond to requests for information regarding the program from the media and/or public as requested by the District. iii) Richard Stone shall supervise the program and act as the Contractor's Representative. The primary nucleating agent will be silver iodide, which shall be dispensed from aircraft from end- burning or ejectable pyrotechnics. Other advanced nucleating agents may be utilized as special storm conditions develop. 6. The Contractor shall prepare all reports pertaining to the program required to be filed by the Contractor and District to comply with Federal law and State law, including all pertinent Federal regulations and State regulations. Details are listed below. a. Daily: The Contractor shall furnish daily program updates including a weather forecast, program status and recent seeding activities to the District via email on each workday and on weekends and holidays whenever seedable storm conditions are forecast. b. Monthly: The Contractor shall furnish monthly operational reports during the term of the Contract by the 15"' of the following month. The monthly reports shall include the monthly NOAH 174A seeding activities report and a composite flight track summarizing seeding activities conducted each month. c. Final: The Contractor will furnish the District a preliminary final report covering the winter season's operational activities (NOAA 174A) as soon as practical and a final report following the end of the water year that includes any assessments of the program by October 15, 2022. The Contractor shall submit monthly and final reports to the District electronically via email. 7. The Contractor shall furnish and keep in force during the operational period thefollowing insurance: comprehensive public liability and property damage insurance in the amount of not less than $5,000,000, covering the operation of all of its equipment owned or leased including the aircraft and workers compensation insurance. Such insurance shall be maintained at Contractor's cost. With respect to the above referenced insurance policies, the contractor shall deposit certificates of insurance with District prior to the commencement of the operational period reflecting the liability insurance and the aviation bodily injury and property damage liability insurance that name North Kem Water Storage District, Buena Vista Water Storage District, Kem Delta Water District, and the City of Bakersfield, and their officers, agents and employees, as additionally named insured. All parties require a thirty (30) day notice of cancellation. 8. Contractor agrees to be responsible for, and to indemnify, defend and hold harmless the District and the parties sponsoring the cloud seeding operations, consisting of the City of Bakersfield, Kern Delta Water District and Buena Vista Water Storage District, against any and all liabilities, claims, actions, causes of action or demands of any kind or character whatsoever, arising out of or caused by Contractor's cloud seeding operations on behalf of the District and the other parties described herein. 9. Contractor agrees to be bound by all laws of the State of California and the Federal Government, and that prior to commencing the operation under the contract for the District, the Contractor shall have in force all necessary licenses and permits from the State of California to so operate. 10. This Contract may be canceled by the District for any of the following reasons upon five days written notice, sent by mail to the principal office of the Contractor -..— a. The issuance of any court of competent jurisdiction of any temporary or permanent injunction against all or any part of the cloud nucleation operations undertaken by Contractor under this contract, whether the District is a part of said legal proceedings or not. It is understood that the issuance of any temporary restraining order, or any temporary injunction limited by its terms to a period of less than twenty (20) days in duration, shall not constitute a basis for cancellation under this paragraph. b. The passage of any overriding legislation by the State of California which shall outlaw, limit, void or alter in any substantial respect any provisions of this contract or shall make unlawful or improper in any substantial respects, any of the operations of the Contractor under this contract. c. For any reason considered in the best interest of the District. 11. In the event of cancellation by the District under or pursuit to the terms of I Oa through I Oc above, all monies already paid to the Contractor by the District shall be retained by the Contractor. A final report on the cloud seeding operations for that season up to the time of such cancellation shall be furnished as soon as practical. 12. In the event the District decides that additional precipitation is not desired for any portion of the operational period, the District may suspend cloud seeding operations for any specified portion of such operational period by providing three (3) days' notice to the Contractor. In the event the District suspends operations under this paragraph, Contractor will reimburse the District in the amount of $250.00 for each day of the suspension. 13. District agrees to pay the Contractor for the services rendered, as outlined in this contract, the total sum of FIVE HUNDRED SEVENTY THOUSAND DOLLARS ($570,000) PLUS FIVE HUNDRED NINETY-FIVE DOLLARS ($595.00) PER HOUR OF AIRCRAFT FLIGHT TIME PLUS ONE HUNDRED DOLLARS ($100.00) PER END BURNING FLARE PLUS FORTY DOLLARS ($40.00) PER EJECTABLE FLARE AND NINETY DOLLARS ($90.00) PER HYGROSCOPIC FLARE FOR SEEDING MATERIALS AS SET FORTH IN THE PAYMENT SCHEDULE BELOW. It is understood and agreed that this sum includes the total fee for all aircraft flights and evaluations of the program. 14.. Contractor agrees to submit detailed monthly invoices to the District summarizing each month's consumables by the 51h of the month. 15. SCHEDULE OF PAYMENTS: PAYMENT DATE AMOUNT 1 November 2019 $33,000 1 December 2019 $25,000 +November consumables I January 20 20 $25,000 + December consumables 1 February 2020 $25,000 + January consumables 1 March 2020 $25,000 + February consumables 1 April 2020 $25,000 + March consumables 1 May 2020 $25,000 + April consumables I November 2020 $34,000 1 December 2020 $26,000 + November consumables 1 January 2021 $26,000 + December consumables 1 February 2021 $26,000 + January consumables 1 March 2021 $26,000 + February consumables 1 April 2021 $26,000 + March consumables 1 May 2021 $26,000 + April consumables 1 November 2022 $35,000 1 December 2022 $27,000+ November consumables 1 January 2022 $27,000+ December consumables I February 2022 $27,000 + January consumables 1 March 2022 $27,000 + February consumables 1 April 2022 $27,000 + March consumables 1 May2022 $27,000 + April consumables TOTAL: $570,000 +consumables 4 16. Consumables are considered aircraft flight time and seeding materials. 17. District agrees to allow Contractor to increase rates generated as a result of changes in government regulation. These costs shall be passed on directly as necessary. 18.The total amount of this contract is not toexceed $729,591 without a written request and approval for additional services from the District. 19. Any notice to be given hereunder may be served personally or by depositing the same in the United States mail, postage prepaid, and addressed to the party being notified at his address as set forth below, or at such other address as may be hereafter designated in writing. If served by mail, service shall be conclusively deemed to have been made upon deposit in the United States. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this contract the day and year first hereinabove written. ADDRESS: P.O. Box 81435 Bakersfield, California 93380-1435 NORTH KERN WATER STORAGE DISTRICT By General Manager - "NKWSD" ADDRESS: P.O. Box 17096 Reno, Nevada 89511-2872 RHS CONSULTING, LTD President - "Contractor" ATTEST: Secretary Date