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HomeMy WebLinkAboutAGRMT NO KRGSA 25-002Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912 AGREEMENT NO. KRGSA 25-002 INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTR�.iTOR'S AGREEMENT ("Agreement") is made and entered into on _ 1AN - 9 by and between the KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY, (herein "KRGSA"), , and TODD GROUNDWATER, a small business enterprise authorized to do business in California (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, KRGSA Is a groundwater sustainability agency comprised of three equal partners: (1.) City of Bakersfield ("City"), (2) Kern Delta Water District ("KDWD"), and (3) Improvement District No. 4 ("1D4"); and WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in providing environmental, biological, planning, civil engineering and technical support services in the field of water resources and that all of its officers, partners, and/or principals are licensed professionals in engineering, design, or similar professional areas with the appropriate professional degrees; and WHEREAS, CONTRACTOR also represents that it has an adequate number of properly licensed and experienced employees on its staff to accomplish the Scope of Work concerning KRGSA's Sixth Groundwater Sustainability Plan Annual Report covering Water Year 2024 (6th GSP Annual Report WY 2024), and that it is competent to undertake the same; and WHEREAS, KRGSA has, to its satisfaction, utilized CONTRACTOR's services to assist in the preparation of its GSP and past GSP Annual Reports; and WHEREAS, KRGSA desires to employ CONTRACTOR for the purposes of assisting in the preparation of its 6th GSP Annual Report (see Exhibit A). NOW, THEREFORE, incorporating the foregoing recitals herein, KRGSA and CONTRACTOR mutually agree as follows: t. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform all tasks and procedures, express and implied, Page 1 of 10 -AGENCY " ORIGINAL a_.x - Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912 necessary to complete the 6fh GSP Annual Report WY 2024 ("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. The Scope of Work is memorialized in Exhibit A, which is attached hereto and incorporated herein as though fully set forth in this Agreement. 2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, KRGSA will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"): in an amount not to exceed TWENTY THOUSAND DOLLARS and NO CENTS ($20,000) as shown in Exhibit A. KRGSA will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by KRGSA. The Compensation will be 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. KRGSA will pay no other compensation to CONTRACTOR. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2025. 4. TERMINATIOW. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective. 5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 6. 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 KRGSA for any purpose and is not entitled to any of the benefits provided by KRGSA 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. Page 2 of 10 AGENCY/ 1iJr,-IIG GAL Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which- the services described herein .are performed. 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING,WORK. CONTRACTOR shall not begin work until authorized to do so in writing by KRGSA. No work will be authorized before the date first written above. 10. 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 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. KRGSA reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without KRGSA's written approval. 11. JNCLUDED 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. 12. 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 feast one partner shall hold the required licensees or professional degrees. 13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observedby a specialist of CONTRACTOR''s profession in California. 14. ° B 684-G6MPLIANCE': 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. 177 1.1 for an unregistered Page 3 of 10 Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912 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. 15. 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. 16. INSURANCE. In addition to any other insurance or 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"), 16.1 Automobile liability insurance, 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 One Million Dollars ($1,000,000) per occurrence; and the policy shall: 16.1.1 Provide coverage for owned, non -owned and hired autos. 16.2 Broad form:,commercial generah:liability- insurance, unless otherwise approved by City of Bakersfield's ("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: 16.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.2.2 Provide unlimited products and completed operations coverage; 16.2.3 Contain an additional insured endorsement in favor of KDWD, ID4, CITY, its mayor, council, officers, agents, employees, and designated volunteers. 16.2.4 All policies shall be written on a first -dollar. coverage basis, or contain a deductible provision. Subject to Page 4 of 10 r G', N A L Docusign Envelope ID: 70089CC3-9070-4234-A9137-1 C2386DCE912 advance approval by the KRGSA, CONTRACTOR may utilize a Self -Insured Retention provided that the policy shall 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. 16.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the KDWD, ID4, City, its mayor, council, officers, agents, employees and volunteers. 16.4 All policies required of the CONTRACTOR shall be primary insurance as to the KDWD, ID4, CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the KDWD, ID4, CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 16.5 Except for workers' compensation, insurance is to 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-:VII, must be declared prior to execution of this Agreement and approved by the KRGSA in writing. 16.6 Unless otherwise approved by CITY 's Risk Manager, all policies shall contain an endorsement providing the KRGSA with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to KRGSA on demand. 16.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the KRGSA. 16.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. KRGSA may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided Page 5 of 10 Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912 prior to the execution of this Agreement. 16.9 Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 16.10 It is further understood and agreed by the CONTRACTOR that its liability to the KRGSA shall not in any way be limited to or affected by the amount of insurance obtained and carried. by the CONTRACTOR in connection with this Agreement. 16.11 Unless otherwise approved by the KRGSA, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if KRGSA has approved lesser insurance requirements for CONTRACTOR.. 16.12 CONTRACTOR shall provide, when required by KRGSA, performance, labor and material bonds in amounts and in a form suitable to KRGSA. KRGSA shall approve in writing all such security 17. THIRD PARTY CLAIMS. KRGSA will timely notify CONTRACTOR of third -party claims relating to this Agreement. KRGSA shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification_ I & INDEMNITY. CONTRACTOR shall indemnify, defend - and and hold harmless KRGSA and KRGSA'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 KRGSA's sole active negligence or willful misconduct. 19. 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 Page 6 of 10 Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912 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. 20. 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 (3) years from the date of the final payment hereunder, and made available to KRGSA representatives upon request at any time during regular business hours. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 Page 7 of 10 Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1 C2386DCE912 the parties to this Agreement. 27. GOVERNING LAW. The laws of the State of California shall 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. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. 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. 30. NON -INTEREST. No KRGSA officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. 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: KRGSA: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326-3767 CONTRACTOR: TODD GROUNDWATER 1301 Marina Village Parkway, Suite 320 Alameda, California 94501 (510)747-6920 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. Page 8 of 10 Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912 33. 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 KRGSA property. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No - .X (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "KRGSA" KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY' By: �o RODNEY ,PALLA Chairman APPROVED AS TO CONTENT: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT By: DANIEL MALDONADO Assistant Water Resources Director APPROVED AS TO CONTENT: KERN DELTA WATER DISTRICT By: m,--- ---� STEVE T IA- General Manager "CONSULTANT" TODD GROUNDWATER DocuSigned by: By. Tne or. Print Name: i s Priestaf Title: President APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney MATTHEW COLLOM Deputy City Attorney APPROVED AS TO FORM: By. � 4<�-- RICHARD IGER General Counsel, KDWD Page 9 of 10 k Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912 APPROVED AS TO CONTENT: IMPROVEMENT DISTRICT NO.4 Bye, )fi(.G`„�— TOM MCCARTHY General Manager COUNTERSIGNED: DocuSigned by: By: Avkul" RANDY MCKEEGAN Finance Director APPROVED AS TO FORM: Signed by: By: Oil. MS '�--STEFANIE MORRIS Outside Counsel, KCWA/ID4 Attachments: Exhibit A - Scope of Work 6fh GSP Annual Report WY 2024 Page 10 of 10 O docusign. E Envelope Id: 70089CC3-9070-4234-A9B7-1C2386DCE912 Status: Completed Subject:. Complete with Docusign: Todd Annual Reporkpdf Source Envelope: Document Pages: 10 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Steven Teglia Al Enabled, 501 Taft Highway Envelopeld Stamping: Enabled Bakersfield, CA 93307 Time Zone: (UTC-08:00) Pacific Time (US & Canada) steven@kerndelta.org IP Address: 74.87.6.236 �� � sr� Status: Original Holder: Steven Teglia Location: DocuSign 1/10/2025 1`:38:27 PM steven@kemdelta.org HE , il ry Iris PriestafSent: 1/10/2025 1:49:12 PM ipriestaf@toddgroundwater.com Resent: 1/14/2025 1:46:52 PM President ED—uSigned 6yz 4=1D7F25884F8... Viewed: 1/14/2025 1,:49:17 PM Security Level: Email, Account Authentication Signed: 1/14/2025 1:55:30 PM (None) Signature Adoption: Uploaded Signature Image Using IP Address: 107.194.246.169 Electronic Record and Signature Disclosure: Accepted: 1/14/2025 1:49:17 PM ID: 309f9488-7f1 e-4fe7-90e7-545540b589c1 Randy'Mckeegan rmckeegan@bakersfieldcity.us Security Level: Email, Account Authentication (None) Electronic Record and Signature'Disclosu're: Accepted: 1/14/2025 7:52:09 AM ID:33aaOc36-708d-4722-9ec9-c95c6fc6bd85 Stefanie Morris smorris@calnevawaterlaw.com Managing Partner - Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/10/2025 1:50:27 PM ID: ee50l6ec-cb0c-4782-b963-df84f5aOf365 D—SIa"Wn by: Sent: 1/10/2025. C1:49:;13 PM � Viewed: 1/14/2025 7:52:09 AM F41115E2e74AE.- Signed: 1/14/2025 7:55:03 AM. Signature Adoption: Pre -selected Style Using IP Address: 174.46.226.5 Csh"ea by. Sent: 1/10/2025 1:49:12 PM �{6Fatntt. At. Ms Viewed: 1/10/2026 1:50:27 PM 2485BOO1742743E... Signed: 1/10/2025 1:50:44 PM Signature Adoption: Pre -selected Style Using IP Address: 47.231.213.128 W , rORAGENcy IG Steven Teglia steven@kerndelta.org GeneralManager Kern Delta Water District Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered.via DocuSign �*iLC Sent; 1/10/2025 1:49:13 PM D77] Resent: 1/14/20251:55:35 PM Nil MEN WINE u � Envelope Sent Hashed/Encrypted 1/1.0/2025 1:49:14 PM Envelope Updated Security Checked 1/14/2025 1:46:51 PM Envelope Updated Security Checked' 1/14/2025 1:46:51 PM Envelope Updated Security Checked; 1/14/2025 1:46:51 PM Certified Delivered Security Checked 1/10/2025 1:50:27 PM Signing, Complete Security Checked 1/10/2025 1:50:44 PM Completed Security Checked 1/14/2025 1:55:30 PM Electronic Record and Signature Disclosure created on: 9/3/2020 3:15:26 PM -Parties agreed to: Iris Priestaf, Randy Mckeegan, Stefanie Morris, Daniel Maldonado ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Kern. Delta Water District (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. 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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 ,s- E-Vlc OR(31 A l Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign 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 Kern Delta Water District: 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: steven@kerndelta.org To advise Kern Delta Water District 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 steven@kerndelta.org 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 Kern Delta Water District 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 steven@kerndelta.org 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 Kern Delta Water District 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 steven@kerndelta.org and in the body of such request you must state your 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 overtime. The. current system requirements are found here: https://sol2ort.docusign.com/guides/si er- ug ide sag -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' within 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 Kern Delta Water District 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 Kern Delta Water District during the course of your relationship with Kern Delta Water District. LaserFiche Log Department: DATE DESCRIPTION PAGES VERIFIED BY: l 011 - 02=� 69,111 d 0 202J- No N ► -OP S:\FORMS\LaserFiche Log.doc