HomeMy WebLinkAbout08/12/2009 WB AGENDA PACKETCity of a ers ie
Water oar
Regular Meeting of
August12,2009
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Water esources
File Packet
WATER BOARD
David Couch, Chair
Harold Hanson, Vice Chair
Zack Scrivner
CITY OF BAKERSFIELD
WATER BOARD
REGULAR MEETING
Wednesday, August 12, 2009 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the June 17, 2009 regular meeting for approval — For Board Review and
Action
4. PUBLIC STATEMENTS
5. KERN RIVER LEVEE DISTRICT
A. Provisionally Accredited Levees — For Board Information
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
7. DEFERRED BUSINESS
A. Integrated Regional Water Management Plan — For Board Information
8. NEW BUSINESS
A. Letter to Urban Water Purveyors within City on Availability of Kern River water — For
Board Review
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WATER BOARD
David Couch, Chair
Harold Hanson, Vice Chair
Zack Scrivner
CITY OF BAKERSFIELD
WATER BOARD
REGULAR MEETING
Wednesday, August 12, 2009 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the June 17, 2009 regular meeting for approval — For Board Review and
Action
4. PUBLIC STATEMENTS
5. KERN RIVER LEVEE DISTRICT
A. Provisionally Accredited Levees — For Board Information
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
7. DEFERRED BUSINESS
A. Integrated Regional Water Management Plan — For Board Information
8. NEW BUSINESS
A. Letter to Urban Water Purveyors within City on Availability of Kern River water — For
Board Review
Water Board Ace -ica
August 12, 2009
Page 2
6. MEUfl BUc,,PNESS (Conftued)
B. Construction Cost Index Adjustment to !dater Availability Fee per BMC 14.04.120(13,
— For Board !review and Action
C. Pr000sed .Kern River !liiatermaster Association — For Board Information
G. Inc ependent Contractor's Agreement %ith Trans -West Security to Provide
Se3urrty Patrol Services for City Water Facilities — For Board Review and Action
E. Dornsst :c Water Mainline Extension Refund Agreement Assignment — For Board
�nforrrat :on
9. M1lSCEL L.3,\HEOU -S
10. WATER BOARD STATEGt, EHTS
11. CLOSED SESMOKR
A. Conference with Legal Counsel-- EnlisUng UR!gation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(one case)
0 State Water Resources Control Board
Reference No. KMG:A31674
12. CLOSED SIESMON ACTION
13. ADJOURMWENT
FF,s °n Cove - -
Water Resources Manager
POSTED: Augus' :7.2009
Water Board Meeting August 12, 2009
3. MINUTES
A. Minutes of the June 17, 2009 regular meeting for approval — For Board Review and
Action
WATER BOARD - CITE' OF BAKERSFIELD
Wednesday, June 1 7, 7109 - 2.00 P,m.
Water Rlesourcos Building Conference loom
1000 Buena Vista Road, Bakersfield, CA 93311
The meeting was called to order by Chairman Couch at 2:00 p.m.
2. ROLL CALL
Present: Chairman Couch, Vice -Chair Hanson, Member Scrivner
Absent: None
3. MINUTES
A. Minutes of the April 15, 2009 regular meeting for approval.
SIEMENS III III III iiiiiiii SUNNI illl!llllll III
i�1oN�.r� h Har�s.�r� to al•��rov�� tlie� r ✓ire !tr�s t?ll "F�f'CI „ %E UL ALL AY -`�
. PUE�I_IC S7r�iE 1F.�JTS
None.
A. Cooperating Technical Partners Mapping Agreement with the Federal
Emergency Management Agency (FEMA).
Mark Lambert, Water Resources Superintendent, gave a brief update and stated
staff has met with FEMA concerning the certification of levees, subsequently
FEMA has stated funding is available to begin the process of the hydraulic
analysis. Mr. Lambert requested the Board authorize staff to enter into a
cooperative technical partners agreement with FEMA.
� <•�ti�r� try 1 'ar��or� f�� � {+�f +�r�v�� tl�c � �o�arr��tir��.� Teci�r�ic,al F "���7��r rs
A.re� °r>>•�r�t No. 09-01 WE ^�iti� ti��� �erdIr �>>cr�g r��� ar��.:�gr�n�cr�t Ar. ✓�
APPROVED, ALL AYE -ti
B. Authorization to enter into contract with the Federal Emergency Management
Agency (FEMA) to receive $200,000 for Hydraulic Analysis of the Kern River
through Bakersfield.
Mark Lambert, Water Resources Superintendent, gave a brief update and stated
staff, FEMA representative and contractors have met to discuss the FEMA
requirements and the associated costs for the hydraulic analysis. Mr. Lambert
requested the Board authorize staff to enter into a mapping activity agreement
with FEMA for the hydraulic analysis segment.
Motion by `i✓ i✓77 C'
to authorize the Water Resources K S OO sign and
enter ntoO Contract No. 09-02W9, with FEMA to receive $200 ,000 for the
Hydraulic Analysis of the errs River channel hroirrril Bakersfield.
Bakersfield, California, June 17, 2009 —Page 2
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report.
Steve Lafond, Hydrographic Supervisor, gave a brief update and stated the snow
melt runoff season is past the mid point and water conditions continue to remain
below normal for the third consecutive year. No action taken.
7. [DEFERRED BUSINESS
None.
B. NEW BUSINESS
A. Domestic Water Mainline Extension Refund Agreement Assignments.
Florn Core, Water Resources Manager, stated four mainline extension refund
agreement assignments were received requesting the city assign the contract
payment to another individual at no increase of cost to the City. No action taken.
9. MISCELLANEOUS
None.
10. WATER BOARD STATEMENTS
None.
11. CLOSED SESSION
At the request of the City Attorney, Closed Session 11.A. was removed from the agenda
by Chairman Couch.
A. Conference with Legal Counsel -- Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9 (one issue)
12. CLOSED SESSION ACTION
None.
13. ADJOURNMENT
Chairman Couch adjourned the meeting at 2:15 p.m.
David Couch, Chairman
City of Bakersfield Water Board
Bobbie Zaragoza, Secretary
City of Bakersfield Water Board
Water Board Meeting
KERN RIVER LEVEE DISTRICT
A. Provisionally Accredited Levees — For Board Information
August 12, 2009
Water Board Meeting August 12, 2009
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
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Water Board Meeting
August 12, 2009
DEFERRED BUSINESS
A. Integrated Regional Water Management Plan — For Board Information
Water Board Meeting
August 12, 2009
NEW BUSINESS
A. Letter to Urban Water Purveyors within City on Availability of Kern River water— For
Board Review
WATER RESOURCES DEPARTMENT
Florn Core • Water Resources Manager
August 5, 2009
Bakersfield Domestic Water System (Ashe)
California Water Service Co.
East Niles Community Services District
Greenfield County Water District
Vaughn Mutual Water Co.
Water Purveyors operating within City Limits of Bakersfield:
The City of Bakersfield owns extensive water rights on the Kern River. These rights
were purchased in 1976 to ensure adequate supplies of high quality drinking water for
the residents and citizens of the City of Bakersfield.
As the contractual period of commitment of a portion of the City's Kern River rights are
nearing the end, the City is extending inquiries of in -City water purveyors as to their
desires to acquire Kern River water. The use of the water would be limited to within the
incorporated boundaries of the City of Bakersfield and such supplies could be used to
augment existing supplies to bring your district into a water balanced position.
The objective is to place as much Kern River water within the City to secure a stable
high quality, long -term water delivery system for City residents.
It is expected a portion or all water needed for use in the City will be available beginning
in the calendar year 2012. The delivery points for the acquired supply could be the Kern
River channel for groundwater enhancement, direct to purification /treatment plants or
banked /stored in the City's "2800 Acres" project.
Please contact this office at your earliest convenience to initiate discussions as to
quantity, delivery points, costs and availability.
Sincerely,
Florn Core
cc: Kern Water Agency, Improvement District #4
1000 Buena Vista Road • Bakersfield • California 93311
(661) 326 -3715 • Fax (661) 852 -2127 • E -Mail: water @bakersfieldcity.us
•
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WATER RESOURCES DEPARTMENT
Florn Core • Water Resources Manager
August 5, 2009
Bakersfield Domestic Water System (Ashe)
California Water Service Co.
East Niles Community Services District
Greenfield County Water District
Vaughn Mutual Water Co.
Water Purveyors operating within City Limits of Bakersfield:
The City of Bakersfield owns extensive water rights on the Kern River. These rights
were purchased in 1976 to ensure adequate supplies of high quality drinking water for
the residents and citizens of the City of Bakersfield.
As the contractual period of commitment of a portion of the City's Kern River rights are
nearing the end, the City is extending inquiries of in -City water purveyors as to their
desires to acquire Kern River water. The use of the water would be limited to within the
incorporated boundaries of the City of Bakersfield and such supplies could be used to
augment existing supplies to bring your district into a water balanced position.
The objective is to place as much Kern River water within the City to secure a stable
high quality, long -term water delivery system for City residents.
It is expected a portion or all water needed for use in the City will be available beginning
in the calendar year 2012. The delivery points for the acquired supply could be the Kern
River channel for groundwater enhancement, direct to purification /treatment plants or
banked /stored in the City's "2800 Acres" project.
Please contact this office at your earliest convenience to initiate discussions as to
quantity, delivery points, costs and availability.
Sincerely,
Florn Core
cc: Kern Water Agency, Improvement District #4
1000 Buena Vista Road • Bakersfield • California 93311
(661) 326 -3715 • Fax (661) 852 -2127 • E -Mail: water @bakersfieldcity.us
Water Board Meeting
NEW BUSINESS (continued)
August 12, 2009
Construction Cost Index Adjustment to Water Availability Fee per BMC 14.04.120(B)
— For Board Review and Action
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD SETTING DOMESTIC WATER
AVAILABILITY FEES.
WHEREAS, the population and the land area of the City of Bakersfield continues
to grow; and
WHEREAS, the City is slated with the responsibility of ensuring that all proposed
development will have a viable high quality water supply and pressures or such
development cannot proceed; and
WHEREAS, in order to ensure water supplies will be available for current and
new users, the City must take all necessary steps to procure and capture water
resources, including, but not limited to, acquiring real property for the drilling of water
wells, installation of transmission water mains and water treatment facilities; and
WHEREAS, the cost of procuring and maintaining the water supply is an
expense which is funded from the various fees established for the use of such water
supplies; and
WHEREAS, the availability fee charged to ensure water will be available for new
development (cost of funding new water well construction, purchase of land for recharge
facilities, etc.) is currently $5,200.00 per acre and has not been increased since January
1, 2008; and
and
WHEREAS, the cost of procuring such water sources has continually increased;
WHEREAS, pursuant to Government Code Section 66016, the City noticed a
hearing for , regarding the setting of the availability fee; and
Page 1 of 3
WHEREAS, while, pursuant to the calculations set forth in Exhibit "A ", attached
hereto and incorporated herein by reference, the new availability fee needs to be set at
$5,435.00 per acre effective January 1, 2010 to offset these increased costs, pursuant
to Bakersfield Municipal Code Section 14.04.120(B) in accordance with the
Construction Cost Index as defined in the Bakersfield Municipal Code Section
15.84.030(D).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated herein by
reference;
2. The City Council hereby adopts a new water availability fee of $5,435.00
per acre based upon the calculations contained in Exhibit "A ";
3. Such fee represents the reasonable cost of ensuring an adequate water
supply for future development in the City.
-------- - - - - -- 000-------- - - - - --
Page 2 of 3
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCIL MEMBER COUCH, CARSON, BENHAM, HANSON, SULLIVAN, SCRIVNER, WEIR
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCIL EMBER
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
VIRGINIA GENNARO
City Attorney
Page 3 of 3
PAMELA A. MCCARTHY
CITY CLERK AND EX OFFICIO Clerk of
the Council of the City of Bakersfield
Bakersfield Municipal Code (Bakersfield, California)
Bakersfield Municipal
Code
Bakersfield, California
A
Current through
Ordinance 4569 and the
May 2009 code
supplement. For more
recent amendments to
this code, see the
Cod_eA_lert page.
This document is provided
for informational purposes
only. Please read the full
disclaimer.
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Published by:
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Page 1 of 1
Bakersfield i-lunicipal Code
, r ��� � Sex �ar s ci r4 ps 9s� . NO
Frames
Title 14 WATER AND SEWERS
Chapter 14.04 ASHE WATER SERVICE AREA
14.04.120 Rates and fees.
A. Monthly Rates and Fees. The city water board, with
concurrence of the city council, shall establish monthly rates and fees
for water usage. The monthly fee consists of two components: the
"readiness to serve fee" which is a flat rate for all customers based on
the size of connection and a "quantity unit rates" based on the quantity
of water used. A complete schedule of all rates and fees authorized to
be charged for water service shall be kept in the city's local offices
where they will be available for public inspection.
B. Availability Fees. The city water board, with concurrence of
the city council, shall establish availability fees for water service
facilities required to enable development of all areas served by the city
water system except those described in Exhibit C -1 of the City
Agreement No. 76 -36. Such fees are declared to be necessary to
compensate the city for the expense incurred in furnishing source,
storage, and water distribution facilities, and related capital project
expenses, including but not limited to costs of acquisition and financing
and necessary costs of operation, maintenance, replacement,
improvement and extension of the water system.
Each fiscal year, the water department shall submit to the water
board a proposed availability fee schedule. The availability fee shall be
adjusted annually by the Construction Cost Index defined in
Bakersfield Municipal Code Section 15.84.030(D). Also, the fee
schedule shall be further adjusted to reflect all city expenses incurred as
set forth in the previous paragraph. The fee shall be adopted by
resolution of the city council following a noticed public hearing.
C. All applicants for service where availability fees are to be paid
shall sign a domestic water service contract and pay the required fee at
final map recordation. No final map allowing construction shall be
recorded prior to payment of proper fees for water service. (Ord. 4344 §
1, 2006: Ord. 3504 § 3, 1992: Ord. 2660 § 3, 1981: prior code §
1.46.120)
http:// www.gcode.us /codes/bakersfield/ 8/6/2009
Water Board Meeting
August 12, 2009
NEW BUSINESS (continued)
C. Proposed Kern River Watermaster Association — For Board Information
KERN RIVER ASSOCIATION
ADMINISTRATIVE AGREEMENT
THIS AGREEMENT is made and entered into by and between those public entities
holding substantially all right, title and interest in and to waters of the Kern River, namely:
BUENA VISTA WATER STORAGE DISTRICT, CITY OF BAKERSFIELD, KERN COUNTY
WATER AGENCY, KERN DELTA WATER DISTRICT, and NORTH KERN WATER
STORAGE DISTRICT. These public entities are sometimes referred to herein collectively as
"Kern River Interests" and individually as one or more "Kern River Interest"
RIECITALS
WHEREAS, the Kern River is a natural watercourse with its watershed in the southern
Sierra Nevada mountains flowing into Isabella Reservoir and thence southwesterly across the
southern portion of the San Joaquin Valley in the County of Kern, State of California; and
WHEREAS, CITY OF BAKERSFIELD, KERN DELTA WATER DISTRICT, and
NORTH KERN WATER STORAGE DISTRICT are successors -in- interest to all of the "Parties
of the Second Part" identified in that certain contract known as the "Miller - Haggin Agreement ",
dated July 28, 1888, and recorded in the office of the County Recorder of Kern County,
California, in Book 2 of Agreements at Page 40, as amended and supplemented, and execute this
Agreement on behalf of themselves and all others who claim Kern River water rights by or
through said Parties of the Second Part (sometimes referred to herein collectively as "First Point
Parties "); and
WHEREAS, BUENA VISTA WATER STORAGE DISTRICT is successor -in- interest to
all of the "Parties of the First Part" identified in said Miller - Haggin Agreement and executes this
COMMITTEE DRAFT 06/25/09
Agreement on behalf of itself and all others who claim Kern River water rights by or tluough
said Parties of the First Part (sometimes referred to herein collectively as "Second Point
Parties "); and
WHEREAS, KERN COUNTY WATER AGENCY is the successor -in- interest to the
persons, entities and organizations comprising the "Downstream Group" identified in that certain
contract known as the "Kern River Water Rights and Storage Agreement ", dated December 31,
1962, and executes this Agreement on behalf of themselves and all others who claim Kern River
water rights by or through said Downstream Group (sometimes referred to herein collectively as
"Lower River Parties "); and
WHEREAS, the Kern River Interests each have and possess the power to acquire,
construct, operate and maintain works and facilities for the development, transmission and use of
water resources and water rights including, without limitation, works and facilities to divert,
store, pump, treat, transport and deliver water, and to contract with the United States, the State of
California, municipalities, districts and public and private corporations in the construction and
operation of works and the provision of services for the purpose of conserving, providing and
transporting water for beneficial uses; and
WHEREAS, pursuant to said powers the Kern River Interests have constructed, own and
operate a vast network of ditches, canals, pipelines and other water diversion and transportation
facilities leading to and from the Kern River which are now and for a great many years in the past
have been devoted to public use, to wit: diverting, appropriating and using water from said Kern
River for the irrigation of lands and for other reasonable, proper and beneficial public purposes;
and
2
COMMITTEE DRAFT 06/25/09
WHER i�± AS, it is the desire of each and all of the Kern River Interests, to the greatest
extent practicable, to protect and preserve their respective rights in and to the waters of Kern
River, and its various branches and channels, all of which are collectively referred to herein as
Kern River, as said waters naturally flow in said river and as said waters may from time to time
be diverted into surface or underground storage, stored, regulated and released by and /or on
behalf of said Kern River Interests; and
WHEREAS, it is in the best interests of the Kern River Interests, given the ever
increasing number of issues affecting the beneficial uses of their collective water supplies, that
they jointly form an association to formalize past practices and, where necessary, address
problems and concerns through an appropriate and more formal organization which better
reflects and represents the respective rights and obligations of each of the Kern River Interests;
and
WHEREAS, to that end the Kern River Interests propose the formation of the Kern River
Association upon the terms and provisions herein specified; and
WHEREAS, California Government Code Sections 6500 et seq. provide that two or
more public agencies may by agreement jointly exercise any power common to the contracting
parties; and
WHEREAS, the parties signatory to this Agreement desire to join together for the
purposes specified in Article 4 hereof.
AGREEMENT
COMMITTEE DRAFT 06/25/09
NOVI, THEREFORE, it is agreed by, between. and among the Kern River Interests as
follows:
Article I
Definitions
"General Manager" — the person appointed to manage the day -to -day activities of the Kern River
Association pursuant to Section 7.1 hereof, which person shall be known and designated
as the "Kern River Watermaster ".
"First Point of Measurement" — the measuring station currently located near the entrance to Hart
Park in Kern County, California which is maintained and used by the Kern River Interests
pursuant to Article First of that certain contract known as the "Miller - Haggin
Agreement ", dated July 28, 1888, as amended.
"First Point Parties" — the City of Bakersfield, Kern Delta Water District, and North Kern Water
Storage District and all others claiming an interest in Kern River as successor -in- interest
to any one or more of the "Parties of the Second Part" identified in that certain contract
known as the "Miller - Haggin Agreement ", dated July 28, 1888.
"Isabella Reservoir" — a surface water reservoir on Kern River operated by the United States
Army Corps of Engineers.
"Kern River" — a natural watercourse with its watershed in the southern Sierra Nevada mountains
flowing into Isabella Reservoir and thence southwesterly across the southern portion of
4
COMMITTEE DRAFT 06/25/09
the San Joaquin Valley in the County of Kern, State of California.
"Kern River Natural Flow" — the rate of flow of water, measured in cubic feet per second ( "cfs "),
which would be passing First Point of Measurement in Kern River at any time if Isabella
Reservoir were not in existence. Said rate of flow is defined in the 1955 Amendment to
the Miller - Haggin Agreement as the "calculated daily average unregulated flow at First
Point of Measurement" (see Article 4.A.); said rate of flow is calculated in accordance
with a formula adopted and approved by the Kern River Interests, which formula may be
amended from time to time; and said rate of flow is allocated on a daily basis among the
Kern River Interests pursuant to long- standing formulae and agreements.
"Kern River Regulated Flow" — the rate of flow, measured in cfs, which actually appears at First
Point of Measurement at any time and from time to time and as adjusted by authorized
upstream diversions.
"Kern River Association" — the entity created by this Agreement, sometimes referred to herein as
the "Association ".
"Kern River Interests" — parties signatory to this Agreement, namely: Buena Vista Water Storage
District, City of Bakersfield, Kern County Water Agency, Kern Delta Water District, and
North Kern Water Storage District.
"Lower River Parties" — the Kern County Water Agency and all others claiming an interest in
Kern River flows as successor -in- interest to any one or more of the "Downstream Group"
identified in that certain contract known as the "Kern River Water Rights and Storage
Agreement ", dated December 31, 1962.
"Second Point Parties" — the Buena Vista Water Storage District and all others claiming an
COMMITTEE DRAFT 06/25/09
interest in Kern River as successor -in-interest to any one or more of the "Parties of the
First Part" identified in that certain contract known as the "Miller- Haggin Agreement ",
dated July 28, 1888.
" Watermaster" — the General Manager of the Kern River Association..
" Watermaster Records" — records and reports pertaining to (i) Kern River Regulated Flow, (ii)
the calculation and allocation of Kern River Natural Flow among the Kern River
Interests,and (iii) the storage and regulation of Kern River water in Isabella Reservoir.
Watermaster Records do not include records and reports pertaining to the sharing of Kern
Water water, inter se, among First Point Parties; or, inter se, among Second Point Parties;
or, inter se, among Lower River Parties.
"WRD" — Water Resources Department of the City of Bakersfield
Article 2
Formation of Association
2.1 Formation of Kern River Association: There is hereby created for all the purposes
of this Agreement an entity entitled the "Kern River Association ".
Article 3
Term of Agreement
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3.1 Term: This Agreement shall become effective on the first day of October, 2009
provided all Kern River Interests have executed this Agreement on or before that date. Once
effective this Agreement shall continue in full force and effect until terminated by operation of
law, or by agreement of a majority of the Kern River Interests (each entity being entitled to cast
one vote on the issue of termination).
Article 4
Powers and P urp®ses
4.1 Water Allocation: The Association, acting by and through its Board of Directors
and authorized personnel, shall administer and supervise the waters of Kern River consistent with
and pursuant to the instructions of the Kern River Interests and the various agreements involving
the Kern River water rights of the Kern River Interests including, without limitation, those
agreements specified in Exhibit "A ". Consistent with the requirements of any applicable law
and /or contract, including this Agreement, the Association shall administer and supervise the
Kern River water to which each Kern River Interest is entitled, in order that said water is
delivered to such entity at the times, in the quantities and in the manner specified by such entity.
It is understood and agreed that the Association, itself, does not currently own, hold or claim any
water or water rights of Kern River and /or any storage rights in Isabella Reservoir and that it will
make no such claim in the future.
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d.2 yJJatermaster Records: The Association shall keep or cause to be kept, in a clear
and complete manner, current and accurate Watermaster- Records, including daily records of all
flows of Kern River, including all inflows to and outflows from lsabclla Reservoir, and the use of
those flows by the Kern River Interests. The Water Resources Department of the City of
Bakersfield (WRD) currently provides necessary services for the collection, tabulation,
publication and distribution of Watermaster Records ( "Recordkeeping Services "), serving at the
pleasure and under direction of the Association, and shall continue to do so until such time as:
(1) Upon one (1) years' prior written notice, the WRD unilaterallydetennines to
discontinue such service;
(2) During the first five (5) years following execution of this Agreement,
Recordkeeping Services may be removed from the WRD and placed elsewhere
under the following circumstances:
A. Substantial evidence from one or more of the Kern River Interests is
presented to the Watermaster in written form, and the Watermaster
determines after review and examination of such substantial evidence that
WRD is (i) intentionally or negligently failing to maintain records; (ii)
intentionally or negligently failing to maintain records at a time or in a
manner consistent with the policies and procedures established by the
Kern River Association, (iii) charging in excess of costs reasonably borne
in providing the Recordkeeping Services, or (iv) the City of Bakersfield is
in default under paragraph 8.7 of this Agreement; and
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B. The Watenmaster determination shall include recommended corrective
measures and written notice thereof shall be provided to WRD, from and
after receipt of which WRD shall be allowed ninety (90) days within
which to refute such evidence or, alternatively, accept the recommendation
of the Watermaster and (i) correct its recordkeeping activities and /or
charges and (ii) report the manner and method of such correction to the
Association; and
C.. If the Association determines that adequate corrections have been made
such that the problem has been remedied, then the Recordkeeping Services
will not be placed elsewhere and WRD will continue providing the same.
D. If the Association determines that adequate corrections have not been
made such that the problem has not been remedied, then the
Recordkeeping Services may be placed elsewhere. Should the Association
decide to place the Recordkeeping Services elsewhere, written notice of
that fact shall be provided to WRD and termination of Recordkeeping
Services by WRD shall occur on December 31St of the year during which
written notice of discontinuance of service is given or upon determination
by the Association that adequate replacement services are available,
whichever is later.
(3) From and after the fifth anniversary date of this Agreement Recordkeeping
Services may be removed from the WRD and placed elsewhere, with or without
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cause, by majority vote of all the members of the Association (each entity casting
one vote). Should the Association vote to place the Recordkeeping Services
elsekvh.ere, then written notice of that fact shall be provided to WRD and
termination of Recordkeeping Services by WRD shall occur on December 31" of
the year during which notice of discontinuance of service is given or upon
determination by the Association that adequate replacement services are available,
whichever- is later.
During such time as the Recordkeeping Services are provided by WRD, all costs and expenses
associated therewith shall be paid by and through the Association in the time, amount and
manner as agreed by the Kern River Interests. The Association and WRD shall permit any Kern
River Interest to inspect and copy any Watermaster Record at any time during regular business
hours.
4.3 Prevention of Interference /Dispute Resolution: The Association, acting by and
through its Board of Directors and authorized employees, shall endeavor to protect to the fullest
extent practicable the Kern River water and storage rights of the Kern River Interests from
actions proposed or taken by entities not a party to this agreement and shall (1) prevent illegal
diversions and appropriation by others of the waters of Kern River to which one or more of the
Kern River Interests are respectively entitled; (2) promptly report to each of the Kern River
Interests any and all invasions of, or actual or attempted interferences with, their said respective
rights; and (3) promptly take effective measures to preserve and protect said rights. Any and all
disputes that arise among the Kern River Interests shall be resolved, if at all possible, among the
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affected entities with all legal remedies of all Kern River Interests preserved. Although the
Board of Directors may provide guidance and recommendations in an effort to assist the affected
entities in resolving their dispute, the Association itself shall remain neutral. The Association
shall, however, actively defend the Kern River water and storage rights of any Kern River
Interest against claims and challenges advanced by persons, entities and organizations which are
not signatories to this Agreement.
4.4 Watermaster Functions: The Association, acting by and through its Board of
Directors, shall retain a General Manager with the title of Watermaster who shall carry out and
perform all duties and responsibilities assigned to, and shall have and exercise all power and
authority given to, the Kern River Watermaster under and pursuant to any and all of the
agreements identified in Exhibit "A ". This Agreement does not alter or amend the terms and
provisions of any of the agreements identified in Exhibit "A ", and the Watermaster shall at all
times preserve, protect and defend the rights of the Kern River Interests thereunder.
4.5 Miscellaneous Powers: Acting by and through its Board of Directors and
authorized personnel, including the Watermaster, the Association is hereby authorized to do all
acts necessary to carry out the purposes of this Agreement, including without limitation any of
the following which may be done in the name of the Association: (1) to make and enter into
contracts; (2) to incur debts, liabilities or obligations; (3) to acquire and to hold property
necessary to the full exercise of its powers and to dispose of the same when deemed surplus
thereto; (4) to contract for the services of engineers, attorneys, technical specialists, financial
consultants, and to employ such other persons as it deems necessary; (5) to issue notes and other
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evidence cf indebtedness; (6) to enter into leases, installment sale and installment purchase
contracts; (i) to apply for, accept and receive state, federal or local licenses, permits, grants,
loans or other aid from any agency of the United States of America, the State of California or
other public or private entities; (8) to sue and be sued in its own name; and (9) to perform all
acts necessary or proper to carry out fully the purposes of this Agreement.
4.6 Special Projects: The Association may engage in special projects not required by
this Agreement but implemented for the convenience or assistance of one or more of the Kern
River Interests provided that said special projects do not have specific, substantial adverse
impacts upon other Kern River Interests not participating in the special project. No Kern River
Interest shall be required to be involved in a special project without its approval. The details of
each special project involving less than all the Kern River Interests shall be set forth in a project
agreement executed by the participating entities. If a special project is to be undertaken by or
for less than all of the Kern River Interests, those entities intending to participate in that special
project shall each appoint a representative to a project committee to develop the project
agreement and deal with the details of project construction and operation. The project agreement
shall set forth the duties, obligations and voting rights of those entities participating in the special
project. All costs and obligations of special projects shall be borne by those entities participating
therein.
Article 5
)Board of Directors
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5.1 Governing Bod : The governing body of the Kern River Association shall be
known as the Board of Directors.
5.2 Selection of Directors; Tenn of Office: The board of directors shall be composed
of one representative from each of the Kern River Interests. The representative of each Kern
River Interest shall be appointed by the entity which such person is to represent, and each such
representative shall serve at the pleasure of the entity making such appointment. Each initial
representative shall be appointed within thirty (30) days after the effective date of this
Agreement.
5.3 Organizational Meeting-, Selection of Officers: As soon as practicable after the
initial appointments and annually thereafter, the representatives shall meet at a time and place to
be agreed upon and organize the board of directors by electing a Chairman, Vice - Chairman,
Secretary and Treasurer, and taking such other and further actions as may be necessary to carry
out the purposes of this Agreement.
5.4 Compensation: Directors shall serve without compensation from the Association.
5.5 Principal Office: The Board of Directors of the Association shall select a
principal office within Kern County, California. The principal office may be changed from time
to time at the discretion of the board of directors.
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5.6 Rules and Re2ulation_s: The Board of Directors may adopt reasonable rules and
regulations not inconsistent with the provisions of this Agreement concerning the transaction of
its business and the management of its affairs.
5.7 Committees: The Board of Directors of the Association may appoint such
committees as it deems necessary for the transaction of the business of the Association. All
committee members shall serve at the pleasure of the Board.
5.8 Quorum: A majority of directors then in office shall constitute a quorum for the
transaction of the business of the Association.
5.9 Voting Rights: All questions coming before the Board of Directors shall be
determined by a concurrence of a simple majority of the Kern River Interests exercised by their
respective representatives on the board of directors. The voting rights of the Kern River Interests
are hereby determined to be: (1) special projects: with respect to special projects, the Kern River
Interests voting rights shall be as set forth in the project agreement; and (2) other matters: with
respect to all other matters, the Kern River Interests shall each cast one vote.*
Article 6
M[eetnngs
* Other options considered were: Russell Formula for storage rights (i.e., NK — 31 %; City /KD — 31 %, BV-
28, and KCWA — 10%); overhead split for storage and /or water rights (2 "d point — 30 %, 1 s` point — 60% [20- 20 -20],
Lower River — 10%); long term average entitlement for water rights (BV-23%, NK — 23%, City —24%, KD — 24 %,
KCWA — 6%); etc. CW.• " This needs a lot of thought and perhaps we should specify distribution of most of the
routing charges such as defending our Kern River Water rights to non -KR entities, Kern River valley residents, etc,
and leave the oddball items to a separate allocation at the time the Authority directs an action be taken. '
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6.1 Annual Meeting: The Board of Directors shall call and hold a meeting at the
principal office, or such other place as it shall designate, on the first Monday of March of each
year, commencing at the hour of 10:00 o'clock A.M. of said day, which meeting shall be termed
the "Annual Meeting" of said Association. Written notice of the Annual Meeting, including the
proposed agenda therefor, shall be provided to all Kern River Interests at least fifteen (15) days in
advance thereof.
6.2 Meetings: The Board of Directors of the Association shall notice the time and
place for holding meetings of the Board as necessary, and such meetings shall be held at the time
and place designated in such notice. The Board of Directors may change the time and place of
holding meetings pursuant to said notices.
6.3 Special Meetings: The Chairman of the Board of Directors of the Association or
the Secretary thereof, at the request of said Chairman or any two (2) members of said Board of
Directors, may call special meetings of the board. Notice of each special meeting shall be valid
if given by mailing the same to the address of each of the members of the Board of Directors at
least forty -eight (48) hours before the date fixed for such special meeting, or by personal notice
to the members of said Board given at least twenty -four (24) hours prior to the time of said
meeting.
6.4 Conduct of Meetings: The Chairman or, in the Chairman's absence, the Vice
Chairman, shall preside at all meetings of the board of directors. The Secretary or, in the
Secretary's absence, any person appointed by the presiding officer shall act as Secretary of the
Board.
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6.5 Minutes: The Secretary shall take minutes of all the Board of Directors meetings
and maintain the salve with the Association's official records.
6.6 Adjourrunent. A majority of the Directors or their alternates present, whether or
not a quorum is present, may adjourn any meeting to another time and place. If the meeting is
adjourned more than twenty -four (24) hours, notice of the adjourmnent to another time or place
must be given prior to the time of the adjourned meeting to the Directors who were not present at
the time of the adjournment.
6.7 Ralph M. Brown Act. Notwithstanding anything to the contrary contained herein,
if and to the extent applicable, meetings of the Association shall be called and conducted in
accordance with the provisions of the Ralph M. Brown Act [Chapter 9 (commencing with
Section 54950), Part 1, Division 2, Title 5 of the California Government Code].
Article 7
Employees
7.1 General Manager: The Association shall appoint and employ a qualified
individual to serve as general manager, which individual will be designated the "Kern River
Watermaster ". The general manager shall be a competent individual nominated by one or more
of the Kern River Interests and appointed by majority vote of the board of directors of the
Association.
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7.2 Duties of General Manager as Watermaster: The General Manager shall be
granted all necessary access by the respective Kern River Interests to all facilities, files and
records pertaining to the diversion of each me.nbers' Kern River water and the documentation of
all their activities in order to: (1) coordinate activities of the Kern River Interests with the Army
Corps of Engineers to insure successful use and operation of Isabella Reservoir; (2) examine and
prevent, where proper, all diversions of water from Kern River by persons, entities and
organizations not signatory to this Agreement; (3) oversee the diversion of the waters of Kern
River by the Kern River Interests; (4) insure at all times and during all seasons that correct and
accurate records are kept of the flows of the waters of Kern River and of the amount or quantity
of water diverted by each and all of the Kern River Interests, including diversions into and out of
Isabella Reservoir; (5) as far as practicable, maintain accurate records of all waters diverted from
the Kern River by persons not signatory to this Agreement; (6) provide accurate reports of all
such matters to the board of directors; (7) coordinate all activities with other persons, entities and
organizations having jurisdiction during emergencies (such as periods of flooding) or other
events involving threat to life or property; (8) represent the Association and the Kern River
Interests in public forums, meetings, conferences, seminars or other formats as may be required
or by direction of the Board of Directors; and (9) do and perform such other acts as the Board of
Directors may direct.
7.3 Challenge of a Watermaster Decision: Any Kern River Interest may challenge
any decision of the Watermaster. In the event a challenge cannot be timely resolved by
consultation between the Watermaster and the affected Kern River Interest, the Board of
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Director shall calendar a hearing thereon at a noticed or special. meeting with notice to all the
Kern River Interests and, upon the conclusion of such hearing, the Board of Directors shall
affirm, modify or reverse the decision of the Watermaster.
7.4 EEmpIL) es- Compensation; Termination: The Board of Directors shall: (i) set
and approve the salary of all Association officers and employees, (ii) have the right and power to
discharge all Association officers and the Watermaster, at any time with or without cause, each
and all of whom shall be considered "at will" positions serving at the pleasure of the Board of
Directors, and (iii) authorize the establishment of additional employee positions upon
recommendation of the Watennaster. In the event that additional employee positions are created
by the Board of Directors, the Watennaster shall have the power and authority to fill those
positions and may discharge any additional employee at any time ith or without cause, each and
all of whom shall be considered "at will" positions serving at the pleasure of the Watermaster.
Article 8
Financial Provisions
8.1 Fiscal Year: The fiscal year of the Association shall be a calendar year extending
from January 1 of each year to December 31 of the same year.
8.2 Depositary: The Treasurer shall be the depositary and have custody of all money
of the Association from whatever source. All funds of the Association shall be strictly and
separately accounted for and regular reports shall be rendered to the Board of Directors of all
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receipts and disbursements at least quarterly during the fiscal year. The books and records of the
Association shall be open to inspection by any director or his designee at all reasonable times
upon reasonable notice. Annually, the Board of Directors shall require an audit of the
Association's books for the past year and reports shall be delivered to each Kern River Interest
upon presentation to the Board of Directors.
8.3 Budget: As soon as practicable after the effective date of this Agreement, and
thereafter at least thirty (30) days prior to the commencement of each fiscal year, the Treasurer
shall present a proposed budget to the Board of Directors for the forthcoming fiscal year. Prior to
the commencement of the each fiscal year, the Board of Directors shall adopt a budget for such
fiscal year.
8.4 Contributions to General Administration Expense: Each annual budget shall
include an amount to be used for the purpose of funding general overhead and administrative
expenses for the ongoing operations of the Association, including without limitation sums
necessary to perform those duties specified in Sections 4.1, 4.2, 4.4 and 4.5 above. Contributions
to this amount shall be allocated among the Kern River Interests in equal one -fifth (115) shares.*
8.5 Contributions to Protection/Enforcement Expense: Each annual budget shall
include amounts to be used for protection and enforcement, including without limitation sums
necessary to perform those duties specified in Section 4.3 above. Contributions to these amounts
shall be allocated among the Kern River Interests in accordance with anticipated benefits.
* The current cost allocation methodology for "General Administration " expenses, which has been followed
for several years, is: 2 'd Point - 30 %; Is` Point - 60 %; and Lower River /Hacienda - 10 %. This formula is applied
without regard to annual fluctuations in entitlement or storage uses.
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8.6 Contributions to Special Project, Expense: Each annual budget shall include
amounts to be used for special projects. Contributions to these amounts shall be allocated among
the Kern River Interests in accordance with the project agreements and, in the absence of such
agreements, shall be allocated in accordance with anticipated benefits. Special project
expenditures shall require the approval of those Kern River Interests who will cumulatively pay a
majority of the expense.
8.7 Default in Contributions: Any Kern River Interest that does not make its
contribution to the approved budget within sixty (60) days after the beginning of the fiscal year
shall be deemed to be in default. Contributions in default shall bear interest at the rate of one and
one -half percent (1'h %) per month until paid. Any Kern River Interest in default shall be
precluded from voting on any matter pending before the Association. Any Kern River Interest in
default for a period of six (6) consecutive months shall be deemed to have permanently
withdrawn from this Agreement and from the Association; provided, however, that such
withdrawal shall not in any way relieve the withdrawing party from its obligations with respect
to, nor impair any contracts, resolutions, indentures or other obligations of, the Association in
effect as of the date of withdrawal, including obligations for special projects. No refund or
repayment of any portion of the Association's assets shall be made to the withdrawing party. The
Treasurer shall have the right to sue for and collect delinquent contributions, plus applicable
interest, from a defaulting party, together with all costs of suit and such reasonable attorney's fees
as may be awarded in such action to the prevailing party.
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8.8 Other Contributions: Contributions or advances of equipment, labor or property
may be made to the Association by or on behalf of any Kern River Interest for any purpose of this
Agreement and, with the consent of the Board of Directors, such contribution or advance may be
considered a credit against the obligations of such Kern River Interest hereunder. Any such
advances may be made subject to repayment and, in such case, shall be repaid in the manner
agreed upon by the Kern River Interest making the advance and the Association.
8.9 Return of Contributions and Revenue: Repayment or return to the Kern River
Interests of all or any part of any contributions and any revenues received by the Association may
be directed by the Board of Directors at such time and upon such terms as the Board may decide.
The Association shall hold title to all funds and property acquired by the Association during the
term of this Agreement.
Article 9
miseelllone ®us
9.1 Notices: All written notices required to be given pursuant to the terms hereof
shall be (i) personally delivered, or (ii) deposited in the United States express mail or first class
mail, registered or certified, return receipt requested, postage prepaid, or (iii) delivered by
overnight courier service, or (iv) delivered by facsimile transmission, provided that the original
of such notice is sent by certified United States snail, postage prepaid, no later than one (1)
business day following such facsimile transmission, or (v) delivered by e -mail transmission,
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provided that the original of such notice is sent by certified United States mail, postage prepaid,
no later than one (1) business day following such e -mail transmission. All such notices shall be
deemed delivered upon actual receipt or upon first attempt at delivery pursuant to the methods
specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to accept delivery.
Facsimile and e -mail transmission shall be effective on proper transmission by the transmitting
party. All such notices shall be delivered or transmitted to the addresses shown on the signature
page of this Agreement or to such other address as any Kern River Interest may from time to time
specify by written notice to the other Kern River Interests
9.2 Amendments: This Agreement may be amended at any time and from time to
time by unanimous consent of the Kern River Interests.
9.3 Assignment Prohibited: No Kern River Interest may assign any right, claim or
interest it may have under this Agreement, without the prior written consent of all other Kem
River Interests, and, in the absence of such consent, no creditor, assignee, or third -party
beneficiary of any Kern River Interest shall have any right, claim or title to any part, share,
interest, fund, or asset of the Association. This Agreement shall be binding upon, and shall inure
to, the benefit of the lawful successors of any Kern River Interest.
9.4 Complete Agreement: The foregoing constitutes the full and complete Agreement
of the Kern River Interests with respect to the subject matter hereof There are no oral
understandings or agreements concerning the subject matter of this Agreement not set forth in
writing herein.
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9.5 Severability: Should any part, term or provision of this Agreement be decided by
a court of competent jurisdiction to be illegal or in conflict with any applicable Federal law or
any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the
validity of the remaining parts, terms or provisions hereof shall not be affected thereby.
9.6 Multiple Originals: This Agreement may be executed in counterparts, each of
which shall be deemed an original.
9.7 Limitation on Liability: The Association shall be authorized to defend, indemnify
and hold harmless any director, officer, agent or employee for actions taken or not taken within
the scope of the authority given or granted by the Association, and from and against any claim or
suit arising out of any act or omission of the Association, the board or any director., officer, agent
and employee in connection with this Agreement, and may purchase insurance as the Board of
Directors may deem appropriate for this purpose.
9.8 Existing Rights Not Affected:
(1) No right of any Kern River Interest in or to any of the waters of Kern
River is intended to be, or shall be, or is, by the terms hereof, transferred, granted or conveyed to
any other signatory to this Agreement. This Agreement does not and shall not vary, modify,
limit, waive or abandon any right or rights, whether arising by law or contract, of any of the Kern
River Interests in or to Isabella Reservoir storage or the flow or flows of the waters of Kern
River, or any part thereof.
(2) Nothing in this Agreement is intended to alter, amend, affect, enhance or
diminish the rights of the Kern River Interests, individually or collectively, in and to water
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control, conveyance, distribution, delivery, storage, measurement, or other structures and
facilities, including without limitation, canals, wiers, Wier structures, headgates, and the like.
Each party reserves all right, title and interest in and to such structures and facilities owned by it,
including the right and authority to unilaterally operate and control the same subject only to such
limitations as exist by law or contract.
IN WITNESS WHEREOF, the Kern River Interests have executed this Agreement the
day and year first above written.
BUENA VISTA WATER STORAGE DISTRICT
525 North Main Street
PO Box 756
Buttonwillow, California 93206
Phone: (661) 324 -1101 or (661) 764 -5510
Fax: (661) 764 -5053
E -mail: dbarteIL&bvh2o.com
CITY OF BAKERSFIELD
Water Resources Department
1000 Buena Vista Road
Bakersfield, CA 93311
Phone: (661) 326 -3715
Fax: (661) 852 -2127
E -mail: fcore a bakersfieldeity.us
KERN COUNTY WATER AGENCY
P.O. Box 58
Bakersfield, CA 93302 -0058
Phone: (661) 634 -1400
Fax: (661) 634 -1428
E -mail: jbeck2ckcwa.com
KERN DELTA WATER DISTRICT
501 Taft Highway
Bakersfield, CA 93307 -6247
Phone: (661) 834 -4656
Fax: (661) 836 -1705
E -mail: mulkay a kerndelta.or
24
By:
Engineer- Manager
Approved as to Form:
By:
District Counsel
City Manager
Approved as to Fonn:
By:
City Attorney
By:
General Manager
Approved as to Form:
By:
General Counsel
By:
Engineer - Manager
Approved as to Form:
By:
General Counsel
COMMITTEE DRAFT 06/25/09
NORTH KERN WATER STORAGE DISTRICT By:
PO Box 81435
Bakersfield, CA 93380 -1435
Phone: (661) 393 -2696
Fax: (661) 393 -6884
E -mail: northkem@aol.com
PSI
General Manager
Approved as to Form:
By:
General Counsel
COMMITTEE DRAFT 06/25/09
EXHIBIT A
Miller - Haggin. Agreement (1888)
2. Amendment of Miller - Haggin Agreement (1930)
Agreement Amending the Miller - Haggin Agreement (1955)
4. Kern River Water Rights and Storage Agreement (1962)
5. Agreement for Establislunent and Maintenance of Minimum Recreation Pool (1963)
6. Amendment of the Miller- Haggin Agreement (1964)
7. Isabella Reservoir Storage Agreement (1964)
Kern River Intertie Agreements (1975)
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Water Board Meeting
8. NEW BUSINESS (continued)
August 12, 2009
D. Independent Contractor's Agreement with Trans -West Security to Provide
Security Patrol Services for City Water Facilities — For Board Review and Action
AGREEMENT No.
THIS AGREEMENT is made and entered into on , by
and between the CITY OF BAKERSEIELD, a municipal corporation, ( "CITY" herein) and
TRANS -WEST SECURITY ( "CONTRACTOR" herein).
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well
qualified and a specialist in the field of security.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1, SCOPE OF WORK, The scope of work is described as: security guard
services:
a. CONTRACTOR shall provide guard services in accordance with the
CITY's instructions provided by the Manager of the Water Resources Department or his
designee of the City of Bakersfield with respect to the post or area to be covered by each
guard employed, the number of guards to be employed and the days of the week, hours
per day and hours of the day of guard service. CITY's representatives shall be entitled to
make inspections, as necessary to assure performance. CONTRACTOR shall supply, at
his expense, a motor vehicle equipped with a two way radio capable of transmitting and
receiving calls with City Water Resources personnel. Compensation for any and all use of
this patrol vehicle shall be deemed as part of the hourly rate charged by the contractor to
the City.
b. CONTRACTOR shall make every reasonable effort to take the
appropriate action to protect life and property and enforce state statutes and CITY
ordinances, but shall not carry or use firearms. CITY shall supply to CONTRACTOR a
copy of all CITY ordinances, rules and regulations CONTRACTOR is expected to enforce
as well as suggestions as to the method of enforcement with respect to each CITY
ordinance, rule or regulation. CONTRACTOR is expected to have knowledge of state
statutes and will follow state law and use reasonable enforcement methodswhen enforcing
state law. 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.
S:\2009 CONTRACTS\ TransWestSecuritylndependent .doc
August 6, 2009
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2. COMPENSAT10N. Compensation for all work, services or products called
for under this Agreement shall consist of payments not to exceed total Forty Thousand
Dollars ($40,000.00) which shall be paid as follows:
Services shall be provided at the rate of $23.17 per hour. CONTRACTOR will
submit invoices on or before the fifth (5th) day of the month for all services rendered the
previous month. CITY will make payments within thirty (30) days after receipt of said
invoices. The compensation set forth in this section shall be the total compensation under
this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall
pay only the compensation listed unless otherwise agreed to in writing by the parties.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services
rendered after receipt of an itemized invoice for the work completed and approved by CITY
in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall
be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's
itemized invoice.
4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be
assigned to the work set forth herein. 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 in the type of work called for herein. CITY reserves the right
to approve key personnel. Once the key personnel are approved CONTRACTOR shall not
change such personnel without the written approval of CITY.
5. STARTING WORK. CONTRACTOR shall not begin work until authorized to
do so in writing by CITY. No work will be authorized until the contract has been fully
executed by CONTRACTOR and CITY.
6. 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.
7. NO WAWER 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.
8. 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. If a
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corporation, at least one officer or key employee shall hold the required licenses or
professional degrees. If a partnership, at least one partner shall hold the required
licensees or professional degrees.
9. STANDARD OF PERFORMANCE. All work shall be performed in
conformity with all legal requirements and industry standards observed by a specialist of
the profession in California.
100. MERGER AND MODIFICATION. This contract sets forth the entire
Agreement between the parties and supersedes all other oral or written representations.
This contract may be modified only in a signed by all the parties. If any modification of
this Agreement results in total compensation which exceeds Forty Thousand Dollars
($40,000.00), such modification must be approved by the City Council.
11. EXH11BITS. 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.
12. TERM. Unless terminated sooner as set forth herein, this Agreement shall
terminate on August 1 2011
13. TERMINATION. This Agreement may be terminated by any party upon ten
( 10 ) days' written notice, served by mail or personal service, to all other parties.
14. 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.
15. INDEPENDENT CONTRACTOR. This Agreement calls for the performance
of the services of CONTRACTOR 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.
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18. DIRECTION. CONTRACTOR retains the right to control or direct the
manner in which the services described herein are performed.
17. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials
and supplies necessary to perform the services under this Agreement.
18. INSURANCE. In addition to any other insurance or bond required under this
Agreement, the CONTRACTOR shall procure and maintain for the duration of this
Agreement the following types and limits of insurance ( "basic insurance requirements ")
herein:
18.1. 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:
18.1.1. Provide coverage for owned, non -owned and hired
autos.
18.2. Broad form commercial general liability insurance, unless
otherwise approved by the 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 One Million Dollars ($1,000,000) per
occurrence; and the policy shall:
18.2.1. Provide contractual liability coverage for the terms of this
Agreement.
18.2.2. Provide products and completed operations coverage.
18.2.3. Contain an additional insured endorsement in favor of the
City, its mayor, council, officers, agents, employees and
volunteers.
18.3. 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 City, its
mayor, council, officers, agents, employees and volunteers.
18.4. All policies required of the CONTRACTOR shall be primary insurance
as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers
and any insurance or self- insurance maintained by the CITY, its mayor, council, officers,
agents, employees, and designated volunteers shall be excess of the CONTRACTOR's
insurance and shall not contribute with it.
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18.5. Except for workers' compensation, insurance is to be placed with
insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less
than A-V. 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 Bests' A:V, must be declared prior to execution of this Agreement and approved by
the CITY in writing.
18.6. Unless otherwise approved by CITY's Risk Manager, all policies shall
contain an endorsement providing the CITY 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 CITY on demand.
18.7. 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 CITY.
18.8. The CONTRACTOR shall furnish the City Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance required.
The CITY may withdraw its offer of contract or cancel this contract if certificates of
insurance and endorsements required have not been provided prior to the execution of this
Agreement.
18.9. 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.
18.10. It is further understood and agreed by the CONTRACTOR that its
liability to the CITY 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.
18.11. Unless otherwise approved by the CITY, 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 the CITY has approved lesser
insurance requirements for CONTRACTOR.
18.12. CONTRACTOR shall provide, when required by CITY, performance,
labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in
writing all such security instruments prior to commencement of any work under this
Agreement.
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19. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will
timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be
allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all
costs of notification.
20. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless
CITY, its 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, 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.
21. 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.
22. 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 ROAD
BAKERSFIELD, CA 93311
(661) 326 -3715
CONTRACTOR: TRANS -WEST SECURITY SERVICES
4444 Grissom Street
Bakersfield, CA 93313
(661) 834 -0711
23. 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.
24. 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.
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25. 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.
26. FINDING 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.
2e. 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 the property of the CITY.
28 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 said records shall be made available to
CITY representatives upon request at any time during regular business hours.
29. 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.
30. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number 95- 3800030
CONTRACTOR is a corporation? Yes X No
(Please check one.)
31. NON- INTEREST. No officer or employee of the CITY shall hold any interest
in this Agreement (California Government Code section 1090).
32. RESOURCE ALLOCATION. All obligations of CITY under the terms of this
Agreement are subject to the appropriation and allocation of resources by the City Council.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first -above written.
"CITY"
M
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Insurance:
APPROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
FLORN CORE
Water Resources Manager
COUNTERSIGNED:
NELSON SMITH
Finance Director
Attachment: Exhibit A
"CONTRACTOR"
TRANS -WEST SECURITY SERVICES
Type or Print Name:
Title:
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Water Board Meeting
NEW BUSINESS (continued)
August 12, 2009
Domestic Water Mainline Extension Refund Agreement Assignment — For Board
Information
MAINLINE EXTENSION REFUND
AGREEMENT
CITY OF BAKERSFIELD
WATER RESOURCES DEPARTMENT — DOMESTIC WATER
The undersigned hereby assigns to:
Neptune Company
P.O. Box 27170, Scottsdale AZ 85255 -0136
all of its right, title and interest in and to the following described Water Extension
Agreement:
With:
Dated:
For Water facilities:
Amount of deposit:
Balance of deposit:
Number of services:
Number of hydrants:
City of Bakersfield
May 1984
WB 84 -03, TR 4612
$73,880.85
$27,705.05
NA
NA
Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual
basis, 2 %z percent of the deposit to install facilities in compliance with Section C(2) of
the Main Extension Rule, which is within the General provisions and definitions of said
rules.
The undersigned warrants that it is the owner(s) of said agreement free and clear
of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless
of and from all costs or claims arising out of any violation of this provision.
Accepted:
Helen E. Peoples, Trustee, Peoples Family Trust dated 8/18/86
By:
arah Peoples, Su c ssor Co- Trustee
Accepted:
Neptune Compa
Y
Brent Nerguizian, Manager
Accepted:
City of Bakersfield
Dated: V/5
Dated:
By: _ Dated:
Water Board Meeting
11. CLOSED SESSION
August 12, 2009
A. Conference with Legal Counsel-- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(one case)
State Water Resources Control Board
Reference No. KMG:A31674
BAKE
ADMINISTRATIVE REPORT
IFDR
IF0 WATER BOARD
cgL��
MEETING DATE: August 12, 2009 AGENDA SECTION: Closed Session
ITEM: 11.A.
TO: David Couch, Chairman
Harold Hanson, Commissioner
Zack Scrivner, Commissioner
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: July 16, 2009 CITY ATTORNEY
APPROVED
Al"
I/G
SUBJECT: Conference with Legal Counsel — Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• State Water Resources Control Board
Reference No. KMG:A31674
VG:dll
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