Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09.14.22 WB Agenda Packet Regular Meeting
City of Bakersfield Water board Regular Meeting of September 14, 2022 Carrier Canal — August 2, 2422 Water Resources File Packet BAKERSFIE�"L�'�D THE SOUND OF5urkA'MIy �cr WATER BOARD Bob Smith, Chair Bruce Freeman Chris Parlier CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, September 14, 2022 - 10:00 a.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA I . CALL TO ORDER 2. ROLL CALL 3. PUBLIC STATEMENTS 4. MINUTES A. Approval of the Minutes of the Regular Meeting of March 9, 2022 - For Board Review and Action 5. KERN RIVER LEVEE DISTRICT 6. REPORTS A. Update on Water Usage in the City's Domestic Water Service Area - For Board Information B. Kern River & Isabella Operations Report, Update on Isabella Lake Dam Safety Modification Project, Annual Hydrographic Report - For Board Information Water Board Agenda September 14, 2022 7. HEARINGS 8. NEW BUSINESS A. Weather Modification Precipitation and Reimbursement Agreement with North Kern for participation in Weather Modification Program - Staff recommends the Water Board refer the Reimbursement Agreement with North Kern to City Council for approval at the October 19.. 2022 meeting. B. Agreement with Sierra Hydrographics (not to exceed $155,000.00 per year) to conduct gauge operation, maintenance, and verification (Kern River SCADA) for a five (5) year term - Staff recommends the Water Board refer the Reimbursement Agreement with Sierra Hydrographics to City Council for approval at the September 21..2022 meeting. 9. WATER BOARD STATEMENTS 10. CLOSED SESSION A. Conference with Legal Counsel — Potential Litigation Closed session pursuant to Government Code section 54956.9(d) (2), (e) (3) (One matter) 1. Water Audit California letter dated July 27..2022 ]I. CLOSED SESSION ACTION 12. ADJOURNMENT POSTED:-- September 9 202 d X�w loom ADMINISTRATIVE Fm P0R1 BAKERSFIELD T HE SO U No ops>-1?e4er WATER BOARD MEETING DATE: September 14, 2022 AGENDA SECTION: Minutes ITEM: 4. A. TO: Bob Smith, Chairman Bruce Freeman,, Member Chris Parlier, Member APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD 'Re DATE: September 8., 2022 SUBJECT: Approval of the Minutes of the Regular Water Board Meeting of March 9., 2022. RECOMMENDATION: Staff recommends approval of the Minutes of the Regular Water Board Meeting of March 9..2022. BACKGROUND: BAKERSFIELD THE SOUND OF'6e,* MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, March 9, 2022 - 10:00 a.m. Water Resources Conference Room 1000 Buena Vista Rd., Bakersfield, CA 93311 CALL TO ORDER Chairman Smith called the meeting to order at 10:00 a.m. 2. ROLL CALL Present: Chairman Smith, Member Freeman, Member Parlier Absent: None 3. PUBLIC STATEMENTS - None 4. MINUTES A. Approval of the Minutes of the Regular Meeting of December 8, 2021. Motion by Member Freeman to approve the Minutes of December 10, 2021. UNANIMOUSLY APPROVED 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 Kern River operations and snow conditions for the Kern Basin. Referring to several graphs which showed regulated outflow, natural inflow, and Isabella storage, Mr. Chavez stated all indicators were consistent with a spike in December due to a storm. Peak inflow to Isabella Lake was 1300 cubic feet per second (cfs) and decreasing to 400 cfs. Currently the inflow to Isabella Bakersfield, California, March 3, 2022 — Page 2 REPORTS (continued) Lake is 274 cfs, outflow from Isabella Lake is 275 cfs, and storage is at 63,912 acre-feet. Going forward we will see the snow melt towards the end of March and as a result the storage will increase throughout the summer months. During the latter part of December our water shed received some significate storms which lead to our snowpack across the basin to be approximately 130 percent of normal for January 1, 2022, but with no storms in January or February we are currently looking at 44 percent of normal for the year. The DWR reported on March 1, 2022, a 40 percent water year, with a runoff of A -J, 43 percent of normal. There is still potential for improvement as more storms are predicted for the basin. Board information only, no action taken. B. Update on State Water Resources Control Board Matter Art Chianello, Water Resources Manager, presented an update to the Ongoing matter before the State Water Resources Control Board. Mr. Chianello presented the anticipated timeline for proceedings and decision. Board information only, no action taken. 7. NEW BUSINESS A. Report on Proposed Domestic Water Rate Increase Art Chianello, Water Resources Manager, gave an overview of Water Resources Domestic Budget including completed projects for FY 2021-22. Mr. Chianello, explained some major operational increases and projected Capital Improvement Projects for the next 5 Fiscal years. Staff provided average monthly bill rate comparisons of 17 other California cities across the state along with average monthly bill rate comparison to local water purveyors in Bakersfield based on an average monthly usage of 15 ccf per residence. The City of Bakersfield has the lowest rates locally and in the state. Staff is recommending a 7 percent domestic water rate increase for FY 2022-23. 8. WATER BOARD STATEMENTS - None 9. CLOSED SESSION - None 10. CLOSED SESSION ACTION - None 11. ADJOURNMENT Chairman Smith adjourned the meeting at 11:11 a.m. Bob Smith, Chairman City of Bakersfield Water Board Bakersfield, California, March 9, 2022 — Page 3 Kimberly Aleman, Secretary City of Bakersfield Water Board d ADN1 IINIIISTRATIIIVE REPIORT BAKERSFIELD THE SOUND OFbah-M"'ge* WATER BOARD MEETING DATE: September 14, 2014 AGENDA SECTION: Reports ITEM: 6. A. TO: FROM: DATE: SUBJECT: Bob Smith, Chairman Bruce Freeman, Member Chris Parlier, Member Art Chianello., Water Resources Manager September 9, 2022 APPROVED DEPARTMENT HEAD `�C' Update on Water Usage in the City's Domestic Water Service Area RECOMMENDATION: For Board information BACKGROUND: California is currently experiencing its worst recorded drought since the beginning of record keeping in the late 1800s. Because of this, in July of 2021, Governor Newsom called on Californians to reduce water usage,, utilizing 2020 as a baseline. The graphs on the following page show the wafer usage and the monthly percentage reduction for the City's Domestic Wafer Service Area, by gallons per capita, for 2022, as compared to the same period in 2020. As of the end of August, the City's Domestic Water Service Area has cumulatively saved 1080.26 acre-feet compared to 2020 quantities. The cumulative water savings over this period is about a 4.01 % reduction from 2020 quantities. The water savings amounts stated are for total water deliveries in the system. It should be noted that the City's Domestic Wafer System has grown over the past two years. In 2020, the population served by the City's domestic water system in August was approximately 156,226 residents and in August 2022, the population served was about 162,217 residents, an increase of nearly 6000 residents. Therefore, considering the population growth in the City's system and the reduced amount of wafer used so far this year, the average water use reduction equates to approximately 9.01 % per person per day. d pa RR' BAKERSFIELD THE SOUND OF650,ple4tw f ADMINISTRATIVE REPORT WATER BOARD d oft W ADMINISTRATIVE REPORT BAKERSFIELD THE SOUND OFb*WJWf'Fe* WATER BOARD MEETING DATE: September 14, 2022 AGENDA SECTION: Reports ITEM: 6. B. TO: Bob Smith, Chairman Chris Parlier, Member Bruce Freeman, Member APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD DATE: September 8, 2022 SUBJECT: Kern River & Isabella Reservoir Operations Report, Update on Isabella Lake Dam Safety Modification Project, Annual Hydrographic Report RECOMMENDATION: For Board Information BACKGROUND.* Report on current Kern River flow and Isabella storage conditions. Update on Isabella Lake Dam Safety Modification Project, Annual Hydrographic Report. KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2021 - 2022 WATER YEAR 500 7000 6,500 6 00() 5500 Q 5000 Z O W 4500 N CAC W a' 4000 W W at U 3500 REGULATED FLOW m U NATURAL FLOW 3000 ISABELLA 2500 000 1SOU 1000 A `V� ..r- y`�~r -V - C.Wtoh'q Nr)vr�rnber December January February March April WATER YEAR Moy lufl(, 1_&h August September 450,000 400,000 H 350,000 Uj W L1. W 300,000 V Q Z O 250,000 w J W 200,000 150,000 100,000 Average April-Julv Runoff - 458,000 acre-feet YEAR A -J % Type of Year 2012 23% 9th driest year 15th 2013 39% 19th driest year 2014 21% driest year 2015 13% Driest year ever 133rd 2016 49% driest year 2017 260% Wet 2018 50% 36th driest year 2019 200% Wet 2020 43%24th driest year 2021 15%2nd driest year 2022 21 %j7th driest year Running April -July Runoff, Average and Median Time Average Median Long -Term 100% 73% 25 -year 87% 55°/o 20 -year 85% 49% 15 -year 80%o 48% 1 0 -year 71% 33% 5 -year 66% 43% Long -Term: 1894-2022 I� ISABELLA LAKE, CA CONSTRUCTION U.S. ARMY CORPS OF ENGINEERS BUILDING STRONG® Location & Description Isabella Lake Dam (consisting of a Main Dam, Auxiliary Dam and service spillway) is located about 40 miles northeast of Bakersfield in Kern County, California, and became fully operational in 1953. The Main Dam is located near the confluence of the north and south forks of the Kern River and the Auxiliary Dam is located about half a mile east of the Main Dam. The Main Dam is a 185 - foot -high earth -fill dam, and the Auxiliary Dam is a 100 -foot -high earth -fill dam. The service spillway is located between the two dams. The reservoir (Isabella Lake) has a gross storage capacity of 568,075 acre feet. September 2022 AdVisory • USACE has established enhanced protocols to ensure the safety of our employees and our partners, and to take necessary precaution to prevent the spread of COVI D-19. • The Phase II Dams and Spillways contractor continues construction activities. As a result, the site including Engineers Point is an active construction area and is off limits to the public. • Corps policy prohibits public operation of unmanned aircraft systems, such as drones, on or above federal lands and waters managed by USACE. The policy is intended to ensure critical infrastructure security and public safety. Looking Ahead Next 30+ days) • Emergency Spillway total common and rock excavation is at 98% completion. Excavation anticipated complete by October. • Labyrinth Weir at 96.7% completion with 10 of 12 cycles complete. Target completion is projected in November 2022. Photo shows current progress of the Lab Weir downstream apron. • Main Dam and Service Spillway work continues with 91.1 % completion and 88.5% respectively. Contractor continues placing stone protection material on the upstream slope of the Main Dam. Service Spillway blasting and excavation is projected for completion by end of September 2022. Only few precisions blasts for riprap remain. • Auxiliary Dam is 95.5% complete overall. Current Lake Status (as of September 6, 2022) The current pool resides at 42,612 acre-feet (elevation 2,536 feet-IPD), which is 12% of restricted pool and 25% of flood conservation pool. As part of our interim risk reduction measures, Isabella Lake is restricted to 361,250 acre-feet (elevation 2,585.5 feet-IPD) outside of flood season. During flood season (-November-March), flood conservation pool is restricted to 170,000 acre-feet (elevation 2,560.4 feet-IPD). Current lake status can be viewed at https://www.spk- wc.usace.armv.mil/plots/california new.html?name=isb&year=2022&interval=d&tab=plot&window=wy Milestones Pre -Construction Engineering and Design Complete Construction of USFS Fire Station and Admin Facilities Complete U.S. Forest Service Visitor's Information Center In Planning Permanent Operations Facilities 2023 Dams and Spillways Construction 2018-2022 U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT, 1325 J ST., SACRAMENTO, CA 95814 www.spk.usace.army.mil/Missions/CivilWorks/IsabellaDam.aspx 916-557-5100 Isabella@usace.army. mi1 ADMINISTRATIVE REPORT lot., WATER BOARD MEETING DATE: September 14,2022 AGENDA SECTION: New Business ITEM: 8. A. TO: Bob Smith., Chairman Chris Parlier, Member Ken Weir., Member FROM: Art Chianello., Water Resources Manager DATE: September 8., 2022 APPROVED DEPARTMENT HEAD Aze S U BJ ECT: Reimbursement Agreement between City of Bakersfield and North Kern Water Storage District for Weather Modification Program for a not to exceed amount of $268..384.50 for 2022 through 2025 [$89..461.50 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. 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 the cloud seeding program estimates a precipitation/runoff at increase of 13% +/- 2.3% at the 90% confidence level since the inception of the program in 1951. On October 23, 2019, the City Council approved a reimbursement agreement with North Kern Water Storage District (North Kern) to enable the City to pay its 25% contribution to the program. The reimbursement agreement will expire on October 23, 2022. City staff is recommending approval of a new three-year reimbursement agreement with North Kern to continue participation in the weather modification program. 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 14, 2022, the City of Bakersfield Water Board approved participation in Kern River Weather Modification Program for the 2022- 2023 through 2024-2025 seasons; a n d WHEREAS, the total amount to conduct a Weather Resources Management Program for three seasons, 2022-23 through 2024-25 is estimated to be $1.,073.,538 for all three seasons, 2023 to 2025. The shared cost for each participant is twenty- five percent (250) of the total cost, not to exceed $268,384.50; 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 2022-23 through to 2024-25. 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 $89..461.50 annually for three years, 2022-23 to 2024-25. 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. 5. 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. 80 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. 1TERM. 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 and DISTRICT has completed an operations and monitoring plan with the cooperation of the City. -- Page 3 of 6 Pages -- 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: David Hampton General Manager P. 0. 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 may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. -- Page 4 of 6 Pages -- 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 KAREN GOH Mayor APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT Do ART CHIANELLO, P.E. Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRGINIA GENNARO City Attorney Insurance: M10 Print Name: David Hampton Title: General Manager Signatures on following page -- Page 5 of 6 Pages-- COUNTERSIGNED: M RANDY McKEEGAN Finance Director Attachments: Weather Modification Program Contract between North Kern Water Storage District and RHS Consulting., Ltd. -- Page 6 of 6 Pages -- d "a W ADMINISTRATIVE REPV",RT BAKERSFIELD THE SOUND OF6*k" 'I�,eBOARD MEETING DATE: September 14..2022 AGENDA SECTION: New Business ITEM: 8. B. TO: Bob Smith, Chairman, Bruce Freeman., Member Chris Parlier, Member APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD 4Re DATE: September 8,, 2022 SUBJECT: Agreement with Sierra Hydrographics (not to exceed $155..000.00 per year) to conduct gauge operation, maintenance, and verification (Kern River SCADA) for a five (5) year term. RECOMMENDATION: Staff recommends approval of the Agreement BACKGROUND: The City finalized the construction and implementation of Kern River SCADA/Telemetry devices at 15 locations along the Kern River (SCADA Project). This SCADA Project has allowed the City to provide real-time continuous monitoring of Kern River wafer flow data to assist with accurate record keeping and deliveries of water to other Water Districts and City facilities. The implementation of the SCADA Project places the City in compliance with California Senate Bill 88. Upon acceptance of bid for the SCADA Project, Sierra Hydrographics worked alongside W.M. Lyles and Myers Civil Engineering to meet the City Water Resource's goals for the SCADA Project. Sierra Hydrographics provides real time surface water, meteorological, and remote camera monitoring services throughout California. Some of their customers include water districts, Army Corps of Engineers, and various water sheds. Sierra Hydrographics installed all monitoring devices and telemetry connections throughout the implementation of the SCADA Project. This Agreement will allow the City to contract with Sierra Hydrographics to conduct ongoing operation, maintenance, verification, and calibration at all 15 locations. In addition, the Agreement would -allow for improvements to be made as needed. The tasks to be performed by Sierra Hydrographics will ensure accurate data is being transmitted daily. The not to exceed amount is capped at $155,000.00 per year. DocuSign Envelope ID: 03E043DB-C78C-4lA8-B745-E62E7D87C9E8 FA .Tefl 44" _ Q V]JkJ1 This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on r by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY") and SIERRA HYDROGRAPHICS ("CONTRACTOR"), authorized to do business in California. RECITALS WHEREAS,. CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of flow measurement, record keeping, and gage maintenance; and WHEREAS,, CONTRACTOR represents CONTRACTOR has equipment and personnel readily available to complete measurements and maintenance as scheduled; and WHEREAS.. CITY desires to employ CONTRACTOR to perform flow measurements, record keeping, and gage maintenance and pay the total compensation due for the surveys; and NOW THEREFORE., incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: provide the personnel and equipment necessary to perform gage maintenance, stream flow measurements, record keeping and rating adjustments, web portal maintenance., evaluation verifications (Leveling), new gaging stations and gaging improvements in accordance with Exhibit A ("Scope of Work"). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not. 2. COMPENSATION/PAYMENT PROC,EDURE. CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an 'Itemized 'Invoice for the portions of the Scope of Work completed and that -invoice is approved by the Water Resources Manager or his designee. The Compensation will be INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page I of 10 SA 14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Sierra Hydrographics_2022-2027 multi year maintenance agreement.d0cxVGK.docx November 25, 2020 DocuSign Envelope ID: 03E043DB-C78C-41A8-B745-E62E7D87C9E8 the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $155,,000 per year for performing the Scope of Work as laid out in Exhibit A and the following the table: Maintenance Year Not to Exceed Amount Year i $1 i 0,976.00 Year 2 $120,616.00 Year 3 $131,097.00 Year 4 $142,494.00 Year 5 $154,890.00 Further, in no case will CITY compensate CONTRACTOR more than $661,000 for performing the Scope of Work during the five-year period. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2027. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 6. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 7. .EQUIPMENT, CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. �. STARTING WORK, CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 9. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this INDEPENDENT CONTRACTOR'S AGREEMENT — Over $40,000 Page 2 of 10 SA 14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Sierra Hydrographics 2022-2027 multi year maintenance agreement.docxVGK.docx November 25, 2020 DocuSign Envelope ID: 03E043DB-C78C-4lA8-B745-E62E7D87C9E8 Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval. 10. INCLUDED DOCUMENTS, Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals.. Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein. 11. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 12. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 13* SB 854 COMPLIANCE, To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter,, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 14. 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. INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 3 of 10 SA 14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Sierra Hydrographics_2022-2027 multi year maintenance cgreement,docxVGK.docx November 25, 2020 DocuSign Envelope ID: 03E043DB-C78C-41A8-8745-E62E7D87C9E8 15. INSURANCE, 15.1 Woes and Lim1h of Insurance. In addition to any other insurance or MOM security required under this Agreement., CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 15.1.1 Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 15.1.2 Commercial- aeneral 11abilitv Insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,,000,.000 per occurrence. The policy must: 15.1.2.1 Provide contractual liability coverage for the terms of this Agreement 15.1.2.2 Provide products and completed operations coverage; 15.1.2.3 Provide premises, operations, and mobile equipment coverage; and 15.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 15,1.3 Aorkers' comgens+at ,on insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: 10 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be INDEPENDENT CONTRACTORS AGREEMENT - Over $40,000 Page 4 of 10 S:\14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Sierro Hydrogrophfcs_2022-2027 multi year maintenance agreernent.docxVGK.docx November 25, 2020 DocuSign Envelope ID: 03E043DB-C78C-41A8-B745-E62E7D87C9E8 insured against liability for worker's compensation or ft.01 to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 15.2 General Provisions Applying to All Insurance TyRes, 15.2.1 All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 15-2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 15.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A --:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement or insurance rated below Best's A-,*Vll, must be declared prior to execution of this Agreement and approved by CITY in writing. INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 5 of 10 S:\ 14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Slerra HydrographicsL2022-2027 multi year maintenance agreement.docxVGK.d0cx November 25, 2020 DocuSign Envelope ID: 03E043DB-C78C-4lA8-B745-E62E7D87C9E8 15.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, rovi notwithstanding any recovery on any policy. 15,15 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 15.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 15.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR.- and all subcontractors must agree in writing to be bound by the provisions of this section. 16. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR.. and CONTRACTOR shall pay on demand, all costs of notification. 17. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them., before administrative or judicial tribunals of any kind whatsoever, arising out of., connected with, or caused by CONTRACTOR or CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 18. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, INDEPENDENT CONTRACTOR'S AGREEMENT - over $40,000 Page 6 of 10 S.*\ 14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Slerra Hydrographics_2022-2027 multi year maintenance agreement.docxVGK.docx November 25, 2020 DocuSign Envelope ID: 03E043DB-C78C-49A8-B745-E62E7D87C9E8 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 qui 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. 19. ACCOUNTING RECORDS, CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 20. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of., and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 21. 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. 22. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 23. 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. 24. 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. INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 7 of 10 S:\14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Slerra HydrographicsL2022-2027 multiyear maintenance agreement.docxVGK.docx November 25, 2020 DocuSign Envelope ID: 03E043DB-C78C-4lA8-B745-E62E7D87C9E8 25, 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. 26, GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 27. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 28. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved and signed by all the parties hereto. If any modification of this Agreement results in total Compensation which exceeds $40,,000., the modification must be approved by the City Council. 29. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 30. 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 United 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 RD. BAKERSFIELD, CA 93311 (661) 326-3715 CONTRACTOR: SIERRA HYDROGRAPHICS 42163 BALD MOUNTAIN ROAD AU BERRY, CA 93602 (559) 855-4420 INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 8 o 10 S:\ 14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Slerra Hydrographics_2022-2027 multi year maintenance agreement.docxVGK.docx November 25, 2020 DocuSign Envelope ID: 03E043DB-C78C-41A8-B745-E62E7D87C9E8 31 RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 32, TITLE TO DOCUMENTS. All documents,, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 33, TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 264601808 CONTRACTOR is a corporation? Yes X No (Please check one.) [Signatures on Following Page] INDEPENDENT CONTRACTOR'S AGREEMENT -Over $40,000 Page 9 of 10 S:\14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Sierra HydrographicsL_2022-2027 multi year maintenance agreement.docxVGK.docx November 25, 2020 DocuSign Envelope ID., 03E043DB-C78C-41A8-B745-E62E7D87C9E8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT DocuSigned by: Yf By: ART CHIANELLO.. P.L. Water Resources Manager COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director "CONTRACTOR" SIERRA HYDROGRAPHICS DocuSigned by: 'U" By: Print Name:_ - . DOTTY GARRIGUE Title: President Attachment: Exhibit A Scope of Work INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 10 of 10 S:\14 - CONTRACTS - AGREEMENTS\2022 CONTRACTS\Sierra Hydrographics_2022-2027 multi year maintenance 0greernent.docxVGK.docx November 25, 2020 C"q ;,,i� 7, =A ja, t - ,!x; ""A rfift W"I""OF0 I i ti dh xd� al tn.: Envelope Id: 03EO43DBC78C4lA8B745E62E7D87C9E8 Status: Completed Subject: Please DocuSign: Sierra Hydrographics-2022-2027 multi year maintenance agreement.docxVGK.pdf, S... Source Envelope: Document Pages: 12 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 City Clerk's Office AutoNav: Enabled city_clerk@bakersfieldcity.us Envelopeld Stamping: Enabled IP Address: 174.46.226.5 Time Zone: (UTC -08:00) Pacific Time (US & Canada) Status: Original Holder: City Clerk's Office Location: DocuSign 9/7/2022 2:22:08 PM city_clerk a@bakersfieldcity.us Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bakersfield Location: DocuSign E' S1 n' r -.v '..n ..:., :. ....:- i?" ., ,..,a ... , :,.: <�r h ._,. .. , Fy. t i< `S Dotty Garrigue Dacvftned by. Sent: 9/7/2022 2:25:28 PM dotty@sierrahydrographics.com Viewed: 9/7/2022 5:03:54 PM PRESIDENT 13EE 4134M71469-. Signed: 9/7/2022 5:43:51 PM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 174.193.139.126 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 9/7/2022 5:03:54 PM ID: 9b1a3a31-bc8e-432e-af4d-db81fba99850 Art Chianello nccusiWwd by: Sent: 9/7/2022 5:43:53 PM Achianel@bakersfieldcity.us 914 66" Viewed: 9/8/2022 7:17:51 AM Security Level: Email, Account Authentication I-DOWE46509A14M. Signed: 9/8/2022 7:20:44 AM (None) Signature Adoption: Pre -selected Style Using IP Address: 174.46.226.5 Electronic Record and Signature Disclosure: Accepted: 9/8/2022 7:17:51 AM ID: 3436c8c7-cb58-4,95d-b10b-e3bd5dOc3313 16,".Pbe dn" "Sh h eg ana q es am -TIM" 9) pe, y.t Ttfi iYi "yorwE ven A"' nf"D dfll_"�`Yr• S M t. very;� s,.,. in'termealarr',D61aea. ve Yt t6hitt x. T mdtta Ofl V it usl�'d TiMbstamp opy., ,carbonZ ve•Hats Withd,TO h .19nature: mes am qpryfwenjst, Trmest am E hy qwe.umveh stitusp meisAdin Envelope Sent Hashed/Encrypted 9/7/2022 2:25:28 PM tr,r i ' .'• . .,.n f,. . r, ..S, . >. .:,.",: it. r° :_ ;.. �• .. �-.. t q) t' {j ■■ .. e!o Sum - r ma w , A vert w3 #afUS. . ' r ,.. .. , „§.. f �t .. 3 Itl't�!5 anis Certified D ...: ,, . - , •. .. ! �. 4: (,R.r, �Ew(. :k � ., -f � . �>.. •.,. � .,.. , '°� ;...��. , L slivered Security Checked 9/8/2022 7.17.81 ' AM M Signing Complete Security Checked 9/8/2022 7:20:44 AM Completed Security Checked 9/8/2022 7:20:44 AM . i a , .,-. , '� :. , �: « .. , ..,E ,: ,• . , � •y: <+>- i ' e I ...+ �. k ♦ i� Y r'. ,. n...... ..Y +,, r ..:•.. : .P .-. :.. .. \ .. � � 'u n r ,::. ! S" � ,J..r: .:�i c,>� ¢. „v �:. a t'E . w.., >-: . ,,,, ,•-.,.d ..... .:,..• , q ,n. o..;. :-, i.c.:..-.. � .. ..., �.. .-,...:., 3> r .£� ■ k,... .�2'.. '�•S ■�Y{yam■/��f ■s■r/syf fit Erle r. ! i Al , i ..!. , .. ,., ... .. .. �. � / :,.. 5, ao. .. .-r .. ., .. :. .. ;.'-. A. S:"•... .i; zY. {. r E^� .e 'Y -3 ,, ..-.r- r ... ., .. ,.. ,._.. :♦ ... . ,. ,.. ... ,,,. .� a.. ,.. .. , rv. '`. .r :, S. .>,, 1. >T• «y, 1 ,V..• 1 '7t �Y Imes arri�s ,.. ... . ,F,�. Ty ... ., , ..:.+,-..r; t{. ., s. .,.� r ,,: ?rt t-�.t .. ..r v. .. r �' �a ... .. Ns. � 4 ,> F s�xt.. .:yes zt-t,,. S'. G 4 S`•.-r ?.,: .<zF i x i' Y, ,,,� tr V 44 �. ♦.,� ,v, ..✓+.,e„,. L.r S. .., m. nor., - ,,. i., tk ..-, 3 '., > ;.' •.r, w > ,.♦, r :..... _V7 >'•h ♦♦• 4erl. !. ^:'2"' J ..,try, t .M. •<.'. y (z r >} Cv F n }�!! �r ..rN3➢ i t i e� roRed � �//1��aM{ ,..... � ...>.. x �r�^!�Y�-■�r• t IImo�} ©© [�E7`i�1�i�;,:�ISC! /' . .. .. a. • , ., ., .:. . ....: e. .. ,. . .. N ♦ . r. a.. . .. 1 , a ., a.r ., ... .. .. ... x• e3 Y i .,. .. :.,. .. .. .>. e ser !. :, y.. ..< tiX. ,1. .. '. .. t » s.... .a t • a.... r:>�,. ��,..» f +:J �y, i t.' P t. .. ". 1 3. ,. . "}'. ��' s '7+ 3 ., c b!; n. , ,. .. > '4 IY:,->.` .5'x.d. �.{F�1 d; li�.'f` t .� Edi}♦E ii4 t� e �t•r �F ..t+ :� ,. �`�L� Electronic Record and Signature Disclosure created on: 6/28/202210:51:05 AM Parties agreed to: Dotty Garrigue, Art Chianello ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to 'I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the Docu.Sign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the, course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us, Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Bakersfield: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: City clerk@bakersfieldcity.us To advise City of Bakersfield of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at Gty_clerk@bakersf1eldcity.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Bakersfield To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to City clerk@bakersfieldcity.us and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Bakersfield To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii, send us an email to City_clerk0q bakersfieldcity.us and in the body of such request you must statey our email, full name, mailing address, and telephone number. we do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: littps:Hsupport.docusi�)n.com/guides/signer-guide- si ning- system -requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' xvithin the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices. disclosures. authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield. DocuSign Envelope ID: 03E043DB-C78C-41A8-13745-E62E7D87C9E8 SJCERRA WDRt7GRAPf#CS Sierra Hydrographics 42163 Bald Mountain Road Auberry, CA 93602 PHONE (559) 855-4420 FAX (559) 855-5660 CEI,L (559) 385-1033 e-mail steve(a__��,sierrahydrographics.com City of Bakersfield Scope of Work This is to be a 5 -year contract based on the following items. The basis on the cost is calculated on hourly rate plus mileage for travel. Our current hourly is $150.00, the mileage is charged at $0.0585 per mile. There is ail 9% increase included into each year for inflation. The hourly rate increase is to be based off COLA, if the rate does not warrant a 9% increase then the amount of available hour may increase. The amount of the contract is a not to exceed amount. Replacement equipment, supplies, antifreeze, batteries, etc. will be billed separately. 1. Gage maintenance 2. Stream Flow measurements 3. Record keeping and rating adjustments 4. web Portal maintenance 5. Elevation verifications (Leveling) 6. New CJaging stations and gaging improvements Cage Maintenance: Each site is to be visited twice a year. this can be conducted during a measurement or on its own throughout the year. During a visit we will verify the operation of all equipment and download data from the data logger. The solar panels will be cleaned and if the output voltage appears low the solar panels will be checked for proper operation. If the station has an encoder and float, the float will be checked to make sure it is not stuck to the bottom of the stilling well. The inside of the station will be swept clean and spider webs knocked down. Overall, the visit will be to make sure that the station is ready to be put into use. We can also include the installation of equipment like IQ and SL's, this will take some coordination to visit close to water arriving. If the site consists of a stilling well with encoder and float the stilling well and communication lines will be flushed to maintain good communication between the channel and stilling well. Some sites may need to be flushed more than others. For the most part, one flushing per year should be sufficient. If a site is problematic with plugging of the communication lines, we can discuss flushing more often. To flush the well there will need to be water flowing at the site. Stream Flow Measurements: A stream flow measurement will be made to verify the current rating table. The method of measurement will depend ort the flow conditions. The measurement will either be a conventional Price current meter mcasurement or taken with act ADCP. During a flow measurement the recording equipment encoder / 1Q will be verified to the staff gage. The results of the measurement will be relayed in a timely manner. Record keeping and Rating Adjustments: DocuSign Envelope ID: 03EO43DB-C78C-41A8-B745-E62E7D87C9E8 After each stream flow measurement, the results will be uploaded into our hydrographic software. If ever in the future, QA/QC data is needed, having both the measurements and the 15 -minute data loaded into the hydrographic software will make it easier. As measurements are made and the rating tables are found to have a deviation, an adjusted rating will be created and forwarded to CDEC for the public sites and implemented into Web Portal.' Web Portal maintenance: There is a yearly fee for the use of Web Portal. This fee covers the maintenance of the website and the flow of data into it. This fee also covers custom reports if needed, along with adjustments to the user list. Every year the fee will increase by $300 for each additional new site, as well as, $150 for a one time set up fee. Elevation verification (Leveling): The objective of a level run is to verify the relationship between the staff gage, equipment, and control. The staff gage is, considered to be, the primary datum to verify gaging equipment. To level a station two or more benchmarks are used. These need to be set in an object that is very unlikely to move. These benchmarks are given an elevation based on their relationship to the staff and control. The starting point is generally based on channel conditions. If there is a control feature this is also measured for reference. There are several benefits to have good level runs at a station. Knowing that the relationship between the staff and control is invaluable to maintaining a good rating table. Also, once benchmarks have been established, if something were to happen to the staff plates, such as rusting out or are damaged somehow, they can be replaced and set back to where they were. This preserves your existing rating table. The 5 -year contract will cover 6 sites each year to be leveled. The sites to be leveled will be identified by the City of Bakersfield. It is suggested to check station levels every two years until they are verified to be stable. Once a station is established as stable, a five-year cycle is found be acceptable. As the level runs are completed, if there is a site that is suspected of movement, it can be moved forward in the rotation. New Gaging stations and gaging improvements: This section includes funds for the labor to build a new gaging station, to upgrade existing stations, and equipment as needed. Year I - New gaging station at Kern river pool above the Beardsley head gate. Year 2 - New gaging station on Kern river pool above the Carrier Canal. Year 3 — Year 5 — New gaging station or gaging station upgrades as the City of Bakersfield determines Gage Maintenance Year I - $110,976.00 Year 2 - $12016.00 Year 3 - $131,097.00 Year 4 - $142,494.00 Year 5 - $154,890.00 AU�MINISTRATIVE REPORT "'M WATER BOARD MEETING DATE: September 14.,2022 AGENDA SECTION: Closed Session ITEM: 10. A. 1. TO: FROM: DATE: SUBJECT: Bob Smith.. Chairman Bruce Freeman,, Member Chris Parlier.. Member Virginia Gennaro.. City Attorney September 8..2021 APPROVED DEPARTMENT HEAD `�C' Conference with Legal Counsel — Potential Litigation Closed session pursuant to Government Code section 54956.9(d)(2),(e)(3) re: Water Audit California letter dated July 27, 2022 VG:vlg Attachment (July 27, 2022 - Water Audit California) S:\WATER\Waterboard\22-23\09-14-22potlit.I.Docx DOCLISign Envelope ID, 112.q-6?'bt-3936-4FAF-B35A-BC2024OE7C5E July 27, 2022 WATER AUDIT CALIFORNIA A PUBLIC BENEFIT CORPORATION 952 SCHOOL STREET #316 NAPA CA 94559 VOIL"""E: (707) 681-51111 EMAIL: GEN ERAL@ WATER AUD ITCA.ORG BY EMAIL AND USPS EXPRESS MAIL Mayor Karen Goh Councilperson Eric Arias Councilperson Andrae Gonzales Councilperson and Vice Mayor Ken Weir Councilperson Bob Smith Councilperson Bruce Freeman Councilperson Patty Gray Councilperson Chris Parlier cc: City Manager Christian Clegg City Attorney Virginia Gennaro, Esq. Dear Mayor Goh and Honorable Councilpersons: RE: The Public Trust and the Kern River Water Audit California is a public benefit corporation that acts as an advocate for the public trust. Our scientific advisory committee is chaired by Dr. Peter Moyle, professor emeritus and co-founder of the Center for Watershed Sciences at UC Davis. Information regarding our organization and our various projects to date can be found at WaterAuditCA.org, This letter concerns the habitual dewatering of the Kern River through the City of Bakersfield (City) by water diversions under the control of the City. It is being sent jointly by Water Audit and concerned Bakersfield residents. including the Kern-Kaweah Chapter of the Sierra Club, Kern Audubon Society, Panorama Vista Preserve, the Kern River Parkway Foundation, and Bring Back the Kern. DoOuSign Envelope ID: 17288757-3936-4FAF-B35A-8C2024OE7C5E Letter Water Audit to City of Bakersfield July 26, 2022 Page 2 of 6 We understand that dewatering is occurring because of the City's diversion �of 'water from the Kern River, primarily, for agricultural purposes. The result is a total loss of instream flow through the City proper. Our research indicates that there are alternativespossible to avoid injury to the public trust. We understand that there have been ineffectual studies, but the City has not reviewed nor formally considered any alternatives to its destructive diversions. If, we have overlooked a commitment to remediation by the City, please consider this a request pursuant to the California Public Records Act, Government Code section 6250 et seq., for copies of all records that evidence any such determination. In the absence of a commitment to inquire and remediate, for the reasons set forth below, we have concluded that the City is inviolation of,its duty un,dercurrent law to inquire into and review the feasibility of alternative actions to mitigate ongoing injury to public trust resources caused by its diversions of Kern River water. The applicable principles of water law. Water used in this state is governed by the California Constitution, Article X. section 2, which declares that all use of water must conform to the standard of reasonable use. Thatpolicy is implemented by the Legislature through enactments contained In the California Water Code and administered by the State Water Resources Control Board and the courts. Ownership of California's water is vested generally in the state's residents, but individuals and entities can acquire "water rights," the right to divert water from its natural course for public or private use. (Water Code, § 102.) California maintains a dual system of water rights, which distinguishes between the rights of riparian users and groundwater extractors, and "appropriators," those who hold the right to divert water for use on noncontiguous lands. For historical reasons, California further subdivides appropriators into those whose water rights were established before and after 1914. Post --1914 appropriators may possess water rights only through a permitor license issued by the Board, and their rights are circumscribed by the terms of the permit or license. Riparian users and pre -1914 appropriators need neither a permit nor other governmental authorization to exercise their water rights. Nevertheless, subdivisions of the State, such as the City, may not engage in unlawful conduct that facilitates water delivery of any character that is unnecessarily .injurious to the public trust. We understand that the. water diversions -made by the City are both venerable and may in part be authorized by the State Water Resources Control Board, but there is no vested right that will allow a continuing injury to the public trust without first considering "... the effect of such diversions upon interests protected by the public trust, and attempt, so far as feasible, to avoid or minimize any harm to those interests." National Audubon Society v. Superior Court (1983) 33 Cal.3d 419., (Audubon) at 426. WATER AUDIT CALIFORNIA 952 School Street, #316 Voice.* (707) 681-5111 A California Public Benefit Corporation Napa, CA 94559 Email: General@WaterAuditCA.org DocuSign Envelope ID: 17288757-3936-4FAF-B35A-8C20240E7C5E Letter Water Audit to City of Bakersfield July,26, 2022 Page 3 of 6 More than a century ago, the California Supreme Court held that the public trust cannot be lost through adverse possession. The Court more recently reaffirmed the principle that "property held by the state in trust ,for the people cannot be lost through adverse possession. The statute of limitations is of no effect in an action by the state to recover such property from an adverse possessor whose use of the property for private purposes is not consistent with the public use." (People v. Shirokow (1980) 26 Cal.3d 301' at 311.) Our review suggests the presence of -a lively mix of water rights claimants, how'ever, that is not ultimately relevant to our conclusion: The City is in violation of its duties to people of the State by continuing diversions without considering potential mitigation ofinjury to the public trust. Both by diverting water for the City's use and by facilitating the diversion of water for other parties without consideration of the public trust, the City is failing to fulfill its trustee duty to do no unnecessary harm by its conduct. The public trust doctrine, The public trust doctrine is one of great antiquity, reportedly tracing its origins to Roman law and the English Magna Carta. It first appeared in this county two and a half centuries ago in Harrison v. Sterett, 4 H. & McH. 540 (Md. Prov. 1774). The United States Supreme Court announced the modern articulation of the public trust doctrine in Illinois Central Railroad V. Illinois (1892) 146 U.S. 387, 13 S.Ct. 110. The basic principle of fifinols Central, often reiterated, is this: a State can no more abdicate its trust over public trust property, in which the whole people are interested, so as to leave it under the control of private parties, than it can abdicate its police powers in the administration of government and the preservation of the peace. In accord, the California Supreme Court has stated that t agencies of the state have a duty to protect public trust uses whenever feasible. While appropriation may be necessary for efficient use of water, despite, unavoidable harm to public trust values, an appropriative water rights system administered without consideration of the public trust and consideration of the feasibility of mitigating harm,, may cause unnecessary and unjustified harm to trust interests. "As a matter of practical necessity, the state may have to approve appropriations despite foreseeable harm to public trust -uses. In so doing, however, the state must bear in mind its duty as trustee to consider the effect of the taking on the public trust and to preserve, so far as consistent with the public interest, the uses protected by the trust." (Audubon at 446-47) While the public trust doctrine originated around the rights of the public with respect to tidelands and navigable waters, the doctrine is not presently so limited. "Whatever the doctrine may have meant in Roman law, in medieval continental Europe, or in English law, the courts in this country have treated the public trust largely as a public property right of access to certain public trust natural resources for various public purposes." (Center for Biological Diversity, Inc. v. FPL Group, Inc. (2008) 166 Cal.App.4th 1349, 1360.) The primary function of the common law doctrine is to protect the right of the public to access and enjoy public WATER AUDIT CALIFORNIA 952 School Street, #316 Voice: (707) 681-5111 A California Public Benefit Corporation Napa, CA 94559 Email: General@ WaterAuditCA.Org DocuSign Envelope ID- 17288757-3936-4FAF-B35A-8C2024OE7C5E Letter Water Audit to City of Bakersfield July 26, 2022 Page 4 of 6 trust lands. (Audubon, at 440-441.) In Marks v. Whitney, (1971) 6 Cal.3d 251, theCalifornia Supreme Court held that the public trust includes the right to fish, hunt, bathe, swim, to use for boating and general recreation purposes in the navigable waters of the state. The courts have found that, the Kern River is subject to public trust ,considerations. In People v. Sweetser, (1977)'72 Cal.App.3d 278, the Fifth District held that the Kern River is a navigable river for purposes of boating and other recreational pleasures by the public.. Accordingly, we have concluded that the "recreational pleasures" of the Kern River, as well as other uses and benefits of the river, including aesthetic, mental and physical health, and spiritual benefits, are entitled to public trust protections. The public trust is injured by the dewatering of the Kern River. Accordingly, the City is in breach of its trustee duty to determine and consider the feasibility of remediation of its injury to the public trust. Fish and Game Code section 5937 The California Constitution Article !i, Section 2 states in part: 'The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water." The Legislature has codified part of this legal duty in the Fish and Game Code (FGC). Each of the diversion facilities operated by the City constitutes a- "dam." (FGC § 5900(a).), FGC § 5937 requires operators of dams to provide "sufficient water at all times to pass - - . around, or through the dam to keep in good condition any fish... below the dam." (FGC § 5937; See Cel. Trout, Inc. v. State Water Resources Control Bd. el al. (1989) 207 Cal.App.3d 585, 626.) Section 5937 -1s a legislative expression of the public trust protecting fish as trust -resources when found below dams." (Ibid.) "Compulsory compliance with a rule requiring the release of sufficient water to keep fish alive necessarily limits the water available for appropriation for other uses. Where that affects a reduction in the amount that otherwise might be appropriated, [section 59371 operates as alegislative choice among competing uses of water." (1d. at 601.) The complete extirpation of fish caused by the dewatering of the Kern River by the City's diversions clearly implicates section 5937, which in turn implicates the duty of the City to determine what is "sufficient." The City is in breach of that duty. The determination and provision of sufficient flows to provide suitable habitat for fish will be part of any action to bring the City into compliance with the law. WATER AUDIT CALIFORNIA 952 School Street, reet, #316 Voice: (707) 681-5,111 A California Public Benefit Corporation Napa, CA 94559 Email: General@WaterAuditCA.org DocuSign Envelope ID: 17288757-3936-4FAF-B35A-8C2024OE7C5E Letter Water Audit to City of Bakersfield July 26, 2022 Page 5 of 6 The City Is obligated to address its ongoing Injury to the public trust. This letter is not intended to be an abstract analysis, but rather a call to action. "The public trust is more than an affirmation of state power to use public property for public purposes. It is an affirmation of the duty of the state to protect the people's common heritage of streams, lakes, marshlands and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust." (Audubon at 441.) Any private use of trust property triggers affirmative obligations under the trust doctrine. (San Francisco Baykeeper, ., Inc. v. Cal. State Lands Comm; In (2015) 242 Cal.App.4th 202.) A public trust use is categorically legitimate, while a public non-trust use or private commercial use can be authorized only if it does not impair the trust. (Baykeeper, at pp 232-243) This distinction is a vital check on the state trustee's power to administer lands that it holds for the benefit of the public. (Audubon at 440.) Demand for remedy and notice of possible litigation (Government Code §,910). In making this demand, Water Audit is acting on behalf of the public trust and the people of California, and in particular, the Bakersfield area residents whose concurrence in and support .of our demands is evidenced by the signature of their counsel below. We are not seeking damages, but rather the City's compliance with its duties under the, public trust. We do not demand blanket impairment of beneficial uses, or that the City return flows, to the Kern River in any particular manner. We recognize the City's discretion as to the specific manner of satisfying its public trust duties. However, the public trust doctrine requires that a diverting authority take public uses into account. (Audubon at 434 446-447.) It is the City's duty to properly assess the impacts to public trust resources caused by the City's diversions and to determine the feasibility of measures that would avoid those impacts. It is our considered opinion� that for the City to continue its injury to the public trust by its diversions, without analysis of the feasibility of mitigation, is both unlawful and unacceptable. We respectfully request that the City act quickly to address these issues. Specifically, we demand that on or before September 15, 2022, the City authorize and fund a study, to be completed and made public no later than January 31, 2023, to inquire into and review the feasibility of alternative actions to mitigate the ongoing injury to the public trust caused by the dewatering of the Kern River in the City of Bakersfield. We note the comment on page 26 in The Kem River Story: "Most disputes or differences in views on the Kern River have historically been resolved by agreements rather than Court decisions. This is not to say that lawsuits have not been filed in the past to get the other fellow's attention." In accord, if the City fails to authorize such a study on or before September 15, 2022, we will seek judicial assistance without further notice. WATER AUDIT CALIFORNIA 952 School Street, #316 Voice: (707) 681-5111 A California Public Benefit Corporation Napa, CA 94559 Email: Generale WaterAuditMorg DocuSign Envelope ID: 17288757-3936-4FAF-B35A-8C20240E7C5E Letter Water Audit to City of Bakersfield July 26, 2022 Page 6 of 6 In the unfortunate event that litigation becomes necessary, we will seek preliminary and permanent injunctions against continuing diversions until such tune .as the study has been completed, made public, and the City ,has made a firm commitment to a manner and time of remediation. To discuss any aspect of this matter, please contact Water Audit's General Counsel at his direct dial telephone number, 530-575-5335, or by email t-o-legal@waterauditca.org We concur. Respectfully yours, e*--DOCUSignad by: Niwm Auw"thvu '--BAE0D268FF904C7— William McKinnon General Counsel Water Audit California Adam "Keats - Law Office of Adam Keats, PC Attorney for: The Kern-Kaweah Chapter of the Sierra Club Kern Audubon Society Panorama Vista Preserve Kern River Parkway Foundation Bring Back the Kern WATER AUDIT CALIFORNIA 952 School Street, #316 Voice: (707) 681-5111 A California Public Benefit Corporation Napa, CA 94559 Email: General,@WaterAuditCA.org V I, Linda Ghiringhelli, declare: I am a resident of Napa County, California. I am over the age of eighteen years and; not a party to the within action. My address is 952 School Street, 43 16, Napa, Califbmia 94559. 9 On July 27, 2022,1 served a copy of the within docuinent(s). WATER AUDIT CALIFORNIA'$ CORRESPONDENCE TO THE MAYOR AND CITY COUNCIL -OF CITY OF BAKERSFIELD by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Napa, California, addressed as set forth below, -by placing �ffiedocument(s)- listed -above-in a -sealed Ix, -envelope, -affixingr -a air billand delivering the envelope to a agent for overnightprepaiid , & delivery as set forth below, by personally delivering the document(s) listed above to the person(s) set forth below. by transmitting via e-mail or electronic transmission the document(s) listed above to the person(s) at the e-mail address(es) set forth below. Mayor Karen Goh ISO 1 Truxtun Avenue City Hall South Bakersfield, CA 93301-5201 E-mail: Ot y Council sfielde Ad�tt@bakersfelde us AdmMa@bakers field Councilperson Eric Arias 1501 Truxtun Avenue City Hall South Bakersfield, CA 93301-52,01 E-mail: Ci ly Council@,bakersfield6tv.us AdmAtt@bakersfield AdmM sfield Councilperson. Andrae Gonzales 1501 Truxtun Avenue City Hall South Bakersfield., CA 93301-5,201 E-mail: Cily- Council@bak..ersfield AdmAtt@bakersfie1dcitv.us 11W .1 AdmMa@bakersneldchy.us Councilperson and Vice Mayor Ken Weir 1501 Truxtun Avenue City Hall South .Bakersfield, CA 93301-5201 E-mail: Cily, Council bakersfield AdmAtta alcersfie&�.u. AdmMgrgbakersfieldc Councilperson Bob Smith 1501 Truxtun Avenue City Hall South Bakersfield, CA 93301-5201 E-mail. City_ Council@,bakersfieldeity.us AdmAtt bakersfieldc AdMM ,a,r@bakersfleld Councilperson Bruce Freeman 1501 Tnixtun Avenue City Hall South Bakersfield, CA 93301-5201 E-mail: ClIX-11 o_un,ci'I&bakersfieIdc 1 -le AdmA_uQb._&c sfieldcivm AdmM akersfieldcit .us Councilperson Patty Gray 1501 Truxtun Avenue City Hall South Bakersfield, CA 93301-5201 E --mai Ci bakeisfieldcit .us AdmAtQbakersfieldci* AdmMU&bakersfielde 'Councilperson Chris Parlier 1501 Truxtun Avenue City Hall South Bakersfield, CA 933 0 1-520 1. E-mail: City; Council ,bakerst eidcity.us AdmAtta.hakersfleld -110 AdniMa@.bakersfieldc City Manager Christian Clegg 1600 Truxtwi Avenue, Fifth Floor Bakersfield, CA 93301 E-mail: Cily, Council ebakersfieldefty.us Ad 11Qh-akensfigI&L-mus AdrnMgrr& ,,bakersfieldchy.us City Attoniey Virginia Gennaro, Esq. 1600 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301-5201 E-mail: Cltv Council &bakersfieldeily.us AdmAtta,bakersfleldc Adrnara,halcersfieldc I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 27, 2022, at Napa, California. Linda Gbiringbelli