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HomeMy WebLinkAbout10.14.2009 WB AGENDA PACKETCity of Bakersfield Water Board Regular Meeting of October 14, 2009 Isabella Lake Water Resources File Packet WATER BOARD David Couch, Chair Harold Hanson, Vice Chair Zack Scrivner CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, October 14, 2009 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the June 17, 2009 and August 12, 2009 regular meetings — 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. Letter to Urban Water Purveyors within City on Availability of Kern River water — For Board Review 8. NEW BUSINESS A. Participation in Kern River Weather Modification Program for 2009/2010 Season — For Board Review and Action B A K E R S F I E L D WATER BOARD David Couch, Chair Harold Hanson, Vice Chair Zack Scrivner CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, October 14, 2009 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the June 17, 2009 and August 12, 2009 regular meetings — 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. Letter to Urban Water Purveyors within City on Availability of Kern River water — For Board Review 8. NEW BUSINESS A. Participation in Kern River Weather Modification Program for 2009/2010 Season — For Board Review and Action Water Board Agenda October 14, 2009 Page 2 8 MEW BU GINESS QConUnued) B. Independent Contractor's Agreement With Trans -West Security to Provide Security Patrol Services for City Water Facilities — For Board Review and Action C. Contract Agreement with Live Oak ;associates for biological services - For Board Review and Action D. Domestic Water Mainline Extension Refund Agreement Assignment — For Board Information E. Agreement with California Water Service Company for Providing Emergency Residential Water Line Repairs — For Board Review and Action F. Ariendment to Agreement No. 06 -18 ti B with Stetson Engineers, Inc. for Er.gineering Services related to Urban Water Planning and Water Needs Studies — Fcr Board Review and Action 9. MISCELLANEOUS A. Letter of Intent to Purchase Approximately 40 Acres of Property for Water Well Field, Tank Farm and Distributior° Facilities — For Board Information 10. WATER E OARD STATEMENTS 11. CLOSED SESSION 12, CLOSED SESVON ACTION 13. ADJOURH MENT Morn Cove Ifi9ater Resources Manager POSTED: Oclobsy % 2009 SAWB MINUTES 20091'.NBAGENDA140ctober09.doc Water Board Meeting 3. MINUTES October 14, 2009 A. Minutes of the June 17, 2009 and August 12, 2009 regular meetings — For Board Review and Action 2 3 4 5 X MINUTES OF THE REGULAR MEETING OF THE Wednesday, August 12, 2000 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 WT • •« « Due to lack of a quorum, the meeting was informational only, no action was taken. The meeting was called to order by Chairman Couch at 2:00 p.m. ROLL CALL Present: Chairman Couch Absent: Vice -Chair Hanson, Member Scrivner MINUTES A. Minutes of the June 17, 2009 regular meeting for approval. No discussion or action taken. PUBLIC STATEMENTS None. KERN RIVER LEVEE DISTRICT A. Provisionally Accredited Levees — For Board Information Mark Lambert, Water Resources Superintendent, gave a brief update. Mr. Lambert stated staff has been working with FEMA to finalize the contract to acquire funding to complete the hydraulic analysis. He also provided a brief summary of the levee inspection by the Corps of Engineers, non federal control inspection program. The Corps of Engineers conducted an inspection and will provide a report. Minor vegetation work is being completed. Information only, no action taken. REPORTS A. Kern River & Isabella Reservoir Operations Report. Steve Lafond, Hydrographic Supervisor, gave a brief update and stated this is the 33`d year of basic contracts, commenced in 1977. By the end of August additional 70,000 acre feet of contract water will be delivered this calendar year. Since 1977, 2.2 million acre feet of the City's Kern River water entitlement will have been delivered to North Kern, Cawelo, Kern Tulare, and the former Rag Gulch water districts. Information only, no action taken. Bakersfield, California, August 12, 2009 — Page 2 7. DEFERRED BUSINESS A. Integrated Regional Water Management Plan. Mark Larnbert, Water Resources Superintendent, gave a brief update and stated the City has been participating in the Integrated Regional Water Management Plan. This program allows the City to be eligible for grant funding through propositions. In order to continue to be in the program there will be annual costs and the costs are being calculated at this time. Approximately 50 water districts are currently in the program. Information only, no action taken. 8. NEW BUSINESS A. Letter to Urban Water Purveyors within City on Availability of Kern River water. Florn Core, Water Resources Manager, stated the Ag water contracts will expire in December of 2011. The contracts have provisions, that once the contracts have expired and all the basic quantities specified in the contracts have been delivered the City will use the water within the city limits, up to its full demand. The basic contractors have a right to any extra water that the City does not need for its own purposes. Water will be available after 2012 for urban water purveyors to meet their balancing and water demands. Information only, no action taken. B. Construction Cost Index Adjustment to Water Availability Fee per BMC 14.04.120(B) No discussion or action taken. C. Proposed Kern River Watermaster Association Florn Core, Water Resources Manager, stated the Watermaster function has been an informal arrangement. Historically the Watermaster had been the Superintendent of the Kern County Land Company of the water operations. In 1977 it was determined that Chuck Williams, North Kern Water District, would fulfill the Watermaster responsibilities. The Kern River Interest has received comments stating it is time to have the Watermaster become independent of any particular water district, while still representing the Kern River Interests. A subcommittee has developed a draft proposal limiting the powers but broadening the scope of the Watermaster function. Additional costs will be incurred as a result of an independent Watermaster. Information only, no action taken. D. Independent Contractor's Agreement with Trans -West Security to Provide Security Patrol Services for City Water Facilities No discussion or action taken. E. Domestic Water Mainline Extension Refund Agreement Assignment Florn Core, Water Resources Manager, stated one water mainline extension refund agreement assignment was received requesting the city assign the contract payment to another individual at no increase of cost to the City. Information only, no action taken. Bakersfield, California, August 12, 2009 — Page 3 9. MISCELLANEOUS None. 10, WATER BOARD STATEMENTS None. � . f �, *s ,S j 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 13. ADJOURNMENT Chairman Couch adjourned the meeting at 2:22 p.m. David Couch, Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board MINUTES OF THE REGULAR MEETING Wednesday, June 17, 2009 - 2:00 a.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 CALL TO ORDER 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. Motion by Hanson to approve the minutes. APPROVED ALL AYES. 4. PUBLIC STATEMENTS None. 5. KERN RIVER LEVEE DISTRICT 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. Motion by Hanson to approve the Cooperating Technical Partners Agreement No. 09 -01 WB with the Federal Emergency Management Agency. APPROVED, ALL AYES 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 Scrivner to authorize the Water Resources Manager to sign and enter into Contract No. 09 -02WB, with FEMA to receive $200,000 for the Hydraulic Analysis of the Kern River channel through 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. 6. 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 October 14, 2009 Water Board Meeting October 14, 2009 REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information ISABELLA RESERVOIR DAILY OPERATIONS REPORT (All readings are for date of report 0.00 Inches of Precipitation at Isabella for 24 Hours (THURSDAY) as of 0001, except as noted... cfs in italics) 0.00 Date of Report: October 8, 2009 0.08 ISABELLA RESERVOIR 0% Isabella Precip. 1 2546.18 Lake Elevation (ft.) 98123 Storage (AcFt) -497 Change (AcFt) 167 Inflow to Isabella (cfs) 2 568075 Storage Capacity 17% % of Capacity 170570 Normal Storage 58% % of Normal Storage Inches of Precipitation at Pascoe for Month 12 0.00 For this Date 0.37 3 4148 Average Lake Area (Acres) 2112 Inflow (Month AcFt) 5671 Outflow (Month AcFt) 4 154 North Fork Mean 154 North Fork @ 0600 Hours 2112 Accumulative Inflow (2010 Water Year) 5 385 Mean Outflow 260 Borel Canal 125 Main Dam Outlet 5671 Accum. Outflow (10 WY) 6 366 Outflow @ 0600 249 Borel Canal @ 0600 Hours 117 Main Dam Outlet @ 0600 Hours Isabella Max. Precip. on Record For this Date 1974 Year of Hours 7 3 Lake Evap (cfs) 0.20 Inches Evap. for 24 Hours 601 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours 10 South Fork near Onyx @ 0600 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.00 Inches of Precipitation at Isabella for Month 10 0.00 Seasonal Precip. Isabella 0.08 Normal for 0% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 12 0.00 Seasonal Precip. Pascoe 0.37 Normal for 0% Pascoe Precip. this Date % of Normal 13 0.0 Upper Tyndall Creek 0.0 Pascoe 0.0 Wet Meadow 14 71 Isabella Maximum Temperature 0.69 Isabella Max. Precip. on Record For this Date 1974 Year of Occurrence 15 43 Isabella Minimum Temperature 167 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 160 Natural Flow (cfs) 2072 Natural Flow (Month to Date) 295161 2009 April -July Runoff 17 285 Mean Flow 56% Natural Flow 230 Median Flow 70% Natural Flow For this Date in % of Mean For this Date in % of Median 18 1178 Max. on Record 94 Min. on Record 2072 Accum. Natural Flow (10 Water Year) 19 1945 Year of Occurrence 1931 Year of Occurrence 20 358 First Point Flow 5631 First Point (Month to Date) 5631 Accum. First Point (10 Water Year) KERN RIVER FACTS & FIGURES: ,ginning October 8, 1945, saturating rain in the Kern River watershed was responsible for ,harp rise on the then uncontrolled Kern River as gaged at First Point of Measurement. Peak instantaneous discharge during the storm was measured at 1, 634 cfs, resulting in a mean daily flow on October 9, 1945 of 1, 520 cfs, the highest flow of Kern River for this date in history and 2nd greatest daily flow event ever recorded for the month of October (10 -31 -82 @ 1,533 cfs). • B A K E R S F I E L D Produced by City of Bakersfield Water Resources Department (661) 326 -3715 w aM I.L O cr /O cr 'w N Mw LL a J J w m a m 06 3 O J LL 0 w a J M w cr 3 O J LL J ryary� Y. D a 2 li `w` /q/ LL Z 6L M w ` S m a w } a Z w J U O d N I I I I I I I I I I (SISayluaJud ui uOIIBA013)1=13tl ul 3Jd»O1S I I I I L o_ oLL CD oLL o o_ O_ o O- 0 o = oo O O_ oLL O O-- o_ o O O- o - o O O A z � N I OO. � O O O o O o f LO O O O r LO O. O O Lo O. O- O Lo I I Q O LO O O d 02 (D— Lit ... �a ti �' Mh C) N N NN TN T c.! LO � O I I I I I I I I I I I I I I L I I I 1 I I I I O 0 'Y^ C) V' l a1 O E I N i L C I z I I I I I I'Q I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I • I I I I I I t I I I I I 1 I I I 1 I I I I I I I I Q I I I I I 1 LL I 1 I ' I I I I I I I I I I ! I I I I I I 1 I I cc I I I I I I O I I I I LL I I I I I r I I � I I I I I I yr Z I I I I I I I I I I I I I I I I 1 I I I I V I t I I I I I I I I I O O O O O O O O O O O O O LO O Ln O O U) O LO O LO O to N O fl- LL) N O T T T O U) N co m (\I N N N GN003S Had 133 OIOAO 0) 9 U O O O Z 0 O 0) 9 CL a) 0 a rn 0 O c rn O cri rn O Q. Q O i cai G O m LL. O cz NATIONAL WEATHER SERVICE CLIMATE PREDICTION CENTER 3 -MONTH WEATHER OUTLOOK JANUARY 2010 THROUGH MARCH 2010 Temperature Precipitation •� y0 A E o 00 o0 p � a 33 C EC 3 yO C THREE —MONTH OUTLOOK�CpNg�Ep�q� TEMPERATURE PROBABILITY 3. 3 MONTH LEAD a MCRNC MOB` VALID JFM 2030 MADE 17 SEP 2009 y O 3 .. p ninY3 pM�CiOON� Precipitation EC E o 00 EC � a 33 C C y O 3 .. THREE —MONTH OUTLOOKC PRECIPITATION PROBABILITY t�ll�13 ��UNL 3. 3 MONTH LEAD R "M gYOV[ c VALID JFM 2070 MADE 17 SEP 2009 a nEAN3 BELOW�' rH 0 0 O ti it 0� 0 - - - - - - - - - - - - - - ------- ---------- . ..................... - - - - - - - ........ ------ --- ............. ......................... ----------- ...... ----------- .......... ....... - I ...... . .... --------------------- -------- -------- ----- .......... .......... ..... -------- -- ------ - --- --------- ......... .. ----- - ------------- --------- ........ ...... ------------------------------------ ...... ......... - ------ ....... ------ .............. ........... ...... ------ ......................... -------- ------- ----- -- ------ --- - - - - -- .......... - ... ..... - - - -- - -- ---- . .. .............. ... ....... ........ ..... . -------- - - - - - -- ---- -- ...... ---- ------- • .... . ...... 0 .......... ............ ------------- - ----- -- -------- ---- ----- - --- --- ------ ...... ..... - --------- -------- - .......... ---------- ------------ ........00,00, - ---- -------- -------- ------------------ -- ------------ ------------- ---- -- --------- .... --------------------- -------- ------- --- ---- ----- 1-1 --------- -------- ------ -------------------- * ------ -------- .................. .... ------------- ----------- ................ ----------------------------- -------------- -------- ------------- I ---------- -- - ------- ... .... ......•... ........ .. O N Lf) C> U) 0 LO 0 C14 LO rl- I I I I (199j) jejeM ol 41de(i Ln N C04 � 04 04 to O O C%l Lf) C) 0 CM O C*4 Cl) O O 04 N C-4 —0 CD 04 CD 0 04 0) 0) 0) O Cb C) 1- 0) co 0) CY) to 0) 0) ce) 0) 0) 04 0) 0) 0) 0) co co I- 00 co OD C) LO 00 0) C', co 04 co C) C) co O OD r- 0 Ln N Totals & ":- "ig h 1p PM October 13, 2009 Also worth mentioning the 7.68 inch total at Clear Creek, Trinity Lake, and 8.68 at Mariposa Grove, Yosemite and the 9.01 at Wawona, Yosemite. Selected Regional CA Cities Seasonal Precip Summary; Received at the Water Board Meeting l0- l�c-�� NORCAL CENCAL SOCAL (OR Border to Golden Gate / Hwy 50 Corridor ) (Golden Gate to Hwy 50 corridor to Tehachapi Mt (Tehachapi Mt to Mex Border) REGION Station / City Past 24 hr Preci REGION Station / City Past 24 hr Preci REGION Station / City Past 24 Bar Preci 1 Crescent City 1.35 SFO 2.64 Santa Barbara 1.36 2 Gasquet M Oakland 3.86 Oxnard 0.54 3 Eureka /Arcata 1.02 San Jose M Malibu 0.45 4 Honeydew 4.88 Ben Lomond 10.57 LAX 0.08 5 Willits 2.20 Monterey 2.91 LA USC 0.43 6 Ukiah 2.19 Paso Robles 3.16 Long Beach 0.13 7 Venado 5.64 Santa Maria 0.66 Fullerton 0.08 8 Santa Rosa 3.15 Stockton 1.46 Irvine 0.04 9 Mill Valley 3.07 Modesto 1.57 San Juan Capistrano 0.24 10 Napa 3.65 Merced 1.63 Encinitas M 11 Shasta Dam 4.20 Fresno 1.27 Palomar M 12 Girard 3.75 Visalia 1.49 San Diego 0.00 13 Hillcrest 2.72 Hanford 1.00 Burbank 0.55 14 Redding F/S 2.28 Bakersfield 0.00 Opids Camp M 15 Chico 1.35 Minarets R/S 5.94 El Monte 0.20 16 Marysville 1.68 Gianelli 2.28 Brea 0.00 17 Sacramento 1.99 Black Springs 5.65 Ontario 0.02 18 Alturas 0.39 Mariposa 2.95 Banning M 19 Lassen 2.34 Yosemite 3.66 Palmdale 0.00 20 Bucks Lake 3.88 Chilkoot 5.44 Barstow 0.00 21 Brush Creek 2.67 Wishon Dam 7.44 Borrego Springs M 22 Blue Canyon 3.50 Cedar Grove 2.27 Palm Springs 0.00 23 Pacific House 1.58 Wolverton 2.33 Julian 0.29 24 La Porte 5.41 Kernville 0.33 Needles 0.00 25 Alpine Meadows 4.29 Bishop 1.36 Thermal 0.00 Clear Creek 7.88 Also worth mentioning the 7.68 inch total at Clear Creek, Trinity Lake, and 8.68 at Mariposa Grove, Yosemite and the 9.01 at Wawona, Yosemite. Selected Regional CA Cities Seasonal Precip Summary; Received at the Water Board Meeting l0- l�c-�� • B A K E R S F I E L D KERN RIVER 1894 thru 2009 APRIL -JULY RUNOFF (Q in 1,000 AcFt ) NUMBER % OF OF YEARS YEAR Q NORMAL 1 1961 87.4 19% 2 1924 92.6 20% 3 1977 95.6 21% 4 1931 98.1 21% 5 1976 108.8 23% 6 1990 113.3 24% 7 1934 116.1 25% 8 2007 123.4 27% 9 1972 127.7 27% 10 1959 130.6 28% 11 1898 135.3 29% 12 1988 162.0 35% 13 1960 168.5 36% 14 1992 179.2 39% 15 1964 182.9 39% 16 1994 191.0 41% 17 1928 193.7 42% 18 1900 196.9 42% 19 1949 209.9 45% 20 1987 211.4 46% 21 1913 211.7 46% 22 1899 213.7 46% 23 2002 215.3 46% 24 1929 219.5 47% 25 1966 219.9 47% 26 2004 222.0 48% 27 1955 224.8 48 28 1930 232.6 50% 29 1926 232.8 50% 30 1989 234.4 50% 31 1948 240.0 52% 32 1971 244.5 53% 33 1968 248.3 53% 34 1947 249.6 54% 35 2001 250.3 541% 36 1912 251.8 54% 37 1999 252.6 54% 38 1981 252.7 54 39 1908 260.9 56% 40 1951 261.9 56% 41 1939 268.3 58% 42 1991 276.5 60% 43 1957 292.3 63% 44 2009 295.2 64% 45 1894 295.4 64°% 46 1933 299.6 64% 47 1950 299.9 65% 48 2000 306.5 66% 49 1925 313.1 67% 50 1904 316.6 68% 51 1970 319.4 69% 52 2008 320.0 69% 53 1921 321.3 69% 54 2003 325.1 70% 55 1953 329.6 71% 56 1923 332.5 72% 57 1918 334.8 72% 58 1919 343.0 741% 59 1935 350.6 75% 60 1910 352.1 76% (in Order of Magnitude) NUMBER % OF OF YEARS YEAR O NORMAL 61 1954 354.1 76% 62 1905 366.4 79% 63 1896 372.9 80% 64 1975 386.2 83% 65 1902 389.6 84% 66 1946 390.7 84% 67 1903 399.0 86% 68 1944 405.4 87% 69 1979 419.9 90% 70 1984 423.1 91% 71 1985 424.3 91% 72 1920 430.8 93% 73 1915 455.2 98% 74 1965 456.7 98% 75 1963 476.6 103% 76 1940 510.6 110% 77 1962 515.5 111% 78 1927 521.7 112% 79 1942 522.9 113% 80 1956 525.6 113% 81 1932 526.4 113% 82 1974 535.2 115% 83 1917 560.3 121% 84 1997 571.5 123% 85 1936 581.6 125% 86 1901 582.0 125% 87 1993 584.7 126% 88 1945 597.4 129% 89 1996 599.3 129% 90 1922 617.7 133% 91 1897 654.3 141% 92 1907 678.7 146% 93 1914 685.0 147% 94 1895 694.7 150% 95 1943 697.2 150% 96 1911 701.2 151% 97 1973 723.8 156% 98 2005 788.5 170% 99 2006 795.7 171% 100 1982 796.8 1721% 101 1958 831.7 179% 102 1937 852.0 183% 103 1986 886.7 191% 104 1967 924.0 199°% 105 1995 929.2 200% 106 1938 961.8 207% 107 1980 991.0 213% 108 1941 995.7 2149/6 109 1978 1,094.4 236% 110 1952 1,119.8 241% 111 1998 1,137.4 245% 112 1909 1,219.0 262% 113 1906 1,391.6 300% 114 1983 1,545.8 333% 115 1916 1,571.6 338% 116 1969 1,747.9 376% Received at the Water Board Meeting October 14, 2009 DEFERRED 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 October 14, 2009 Bakersfield Domestic Water System (Ashe) California Water Service Co. East Niles Community Services District Greenfield County Water District Vaughn Mutual Water Co. To 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 part of the City's Kern River rights are nearing the end, the City is extending inquiries to in -City water purveyors as to their desires to acquire Kern River water. The water could be used to augment existing supplies and /or balance a groundwater overdraft condition in your district. Kern River water could be used to make -up for the chronic shortages endured from the State Water Project. The replacement of poor quality or contaminated groundwater is also a possibility. The City's objective is to place as much Kern River water as needed within the City to ensure a stable, high quality, long -term water delivery system for City residents. The use of the water would be restricted to use within the incorporated boundaries of the City of Bakersfield. 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 Water Resources Manager 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 B A K E R S F I E L D WATER RESOURCES DEPARTMENT Florn Core • Water Resources Manager October 14, 2009 Bakersfield Domestic Water System (Ashe) California Water Service Co. East Niles Community Services District Greenfield County Water District Vaughn Mutual Water Co. To 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 part of the City's Kern River rights are nearing the end, the City is extending inquiries to in -City water purveyors as to their desires to acquire Kern River water. The water could be used to augment existing supplies and /or balance a groundwater overdraft condition in your district. Kern River water could be used to make -up for the chronic shortages endured from the State Water Project. The replacement of poor quality or contaminated groundwater is also a possibility. The City's objective is to place as much Kern River water as needed within the City to ensure a stable, high quality, long -term water delivery system for City residents. The use of the water would be restricted to use within the incorporated boundaries of the City of Bakersfield. 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 Water Resources Manager 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 8. NEW BUSINESS October 14, 2009 A. Participation in Kern River Weather Modification Program for 2009/2010 Season — For Board Review and Action P.O. Box 81435 Bakersfield, CA 93380 -1435 Administration Telephone: 661-393-2696 Facsimile: 661-393-6884 33380 Cawelo Avenue Bakersfield, CA 93308 -9575 Water Orders and Operations Telephone: 661-393-3361 Telephone: 661- 746 -3364 NORTH KERN WATER STORAGE I CT. OCT i. 1 2000 September 30, 2009 CITY OF BAKl_FISFiELD Dan Bartel, Buena Vista Water Storage District WATER RESOURCES Flom Core, City of Bakersfield — Water Resources Mark Mulkay, Kern Delta Water District RE: 2009 -2010 Weather Modification Program Gentlemen, Attached is a copy of an 11/01/09 — 04/30/10 form of contract with RHS Consulting for weather modification during the above period with the option to extend into May 2010. North Kern plans to execute this on October 20, 2009. If you do not object, please so indicate your 25% participation by signing the copy of this letter and returning to me. Very truly yours, Dana S. Munn Approved: Buena Vista Water Storage District — by City of Bakersfield — by Kern Delta Water District — by CONTRACT This contract entered into this _'h day of October 2009 by and between NORTH DEERS? WATER STORAGE DISTRICT, a Water Storage District organized and existing under and by virtue of Division 14 of the California Water Code, hereinafter referred to as the "District" and RHS Consulting, Ltd., hereinafter referred to as the "Contractor ". WITNESSETH: WHEREAS: the Department of Water Resources, State of California, initially issued to the District a permit for Weather Resources Management (hereinafter referred to as the "permit "), dated July 2, 1980 (Permit #11), which authorizes the District to conduct a Weather Resources Management Program (hereinafter referred to as the "Program "); and WHEREAS: the Contractor has on its staff qualified and recognized weather resources management personnel and other professionals necessary to carry out and supervise the program and has at its disposal the equipment necessary to carry out the program; NOW THEREFORE, IT IS AGREED as follows: Contractor shall engage in artificial cloud nucleation operations during the term of this contract, within the target area identified by and consistent with the INITIAL STUDY OF ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAM and the above referenced permit. The purpose of this cloud nucleation operation is to increase precipitation within the target area. 2. The term as of this contract shall cover one seasonal operational period beginning on November 1, 2009 and ending on April 30, 2010. The District has the option of extending the work at its discretion on a monthly basis at the same monthly rates (standby plus consumables) by requesting the Contractor five (5) five days in writing prior to the end of the normal end date of the contract. 4. The Contractor shall furnish and have available for use during the operational period the following equipment and personnel: a. The Contractor agrees to have available on a 24- hour - per -day, 7- day - per -week basis the services of a competent staff to furnish full meteorological data. b. The Contractor will maintain real time 24 -hour- per -day, 7- day - per -week access and use local NWS NEXRAD Level II "super resolution" radar data and latest software designed to track and analyze precipitation areas located in clouds upwind and over the target area. The NWS Hanford NEXRAD radar will be the primary radar used for weather surveillance and directing aircraft seeding operations. c. All basic weather data will be processed and archived in the Contractor's Reno office. This information will be used to coordinate various phases of the field program. d. A dedicated cloud seeding aircraft will be based at the Porterville Municipal or Fresno Yosemite Airport at the discretion of the Contractor. This aircraft will be equipped for all - weather flying. It will be further equipped with facilities for dispensing silver iodide and other nucleating agents for use in cloud seeding activities throughout the target area. A backup aircraft will be made available for use on the program within 48 hours should any mechanical issues arise that prevent the use of the primary aircraft. i) The contractor agrees that its aircraft and equipment thereon will be certified by the Federal Aviation Administration, an agency of the United States of America, and that any and all pilots operating aircraft by or on behalf of the Contractor shall be duly licensed by the said Federal Aviation Administration. ii) Contractor will furnish the following personnel during the contract period: (a) One radar meteorologist to be located at the Contractor's Fresno Office (b) One instrument rated cloud seeding pilot to be stationed in or nearby the project area and available to fly with two hours notice day or night. (c) One additional relief instrument rated cloud seeding to provide the project pilot required rest during sustained precipitation periods. (d) Attend Board Meetings and respond to requests for information regarding the program from the media and /or public as requested by the District. iii) Richard Stone shall supervise the program and act the Contractor Representative. 5. The primary nucleating agent will be silver iodide, which shall be dispensed from aircraft from end - burning or ejectable pyrotechnics. Other advanced nucleating agents may be utilized as special storm characteristics may develop. 6. The Contractor shall prepare all reports pertaining to the program required to be filed by the Contractor and District to comply with Federal and State Law. The Contractor shall furnish daily program updates including a weather forecast, program status and recent seeding activities to the District via email on each workday and on weekends and holidays whenever seedable storm conditions are forecast. The Contractor shall furnish monthly operational reports during the full course of the cloud seeding operation. As soon as practical after the conclusion of each yearly operational period, the Contractor will furnish the District a final operations summary covering the entire yearly operation. The Contractor shall submit monthly and final reports to the District electronically via email. 7. The Contractor shall furnish and keep in force during the operational period the following insurance: comprehensive public liability and property damage insurance in the amount of not less than $2,000,000, covering the operation of all of its equipment owned or leased including the aircraft and workers compensation insurance. Such insurance shall be maintained at Contractor's cost. With respect to the above referenced insurance policies, the contractor shall deposit Certificates of Insurance with District prior to the commencement of the operational period reflecting the liability insurance and the aviation bodily injury and property damage liability insurance that name North Fern Water Storage District, Buena. Vista Water Storage District, Fern Delta Water District, and the City of Bakersfield, and their officers, agents and employees, as additionally named insured. All parties require a thirty (30) day notice of cancellation. Contractor agrees to be responsible for, and to indemnify and hold the District harmless and free from, all claims of damage to person or property of any kind or character whatsoever, caused by Contractor's acts of negligence of malpractice in its cloud seeding operations. 9. Contractor agrees to be bound by all laws of the State of California and the Federal Government, and that prior to commencing the operation under the contract for the District, the Contractor shall have in force all necessary licenses and permits from the State of California to so operate. 10. This Contract may be canceled by the District for any of the following reasons upon five days written notice, sent by mail to the principal office of the Contractor. a) The issuance of any court of competent jurisdiction of any temporary or permanent injunction against all or any part of the cloud nucleation operations undertaken by Contractor under this contract, whether the District is a part of said legal proceedings or not. It is understood that the issuance of any temporary restraining order, or any temporary injunction limited by its terms to a period of less than twenty (20) days in duration, shall not constitute a basis for cancellation under this paragraph. b) The passage of any overriding legislation by the State of California which shall outlaw, limit, void or alter in any substantial respect any provisions of this contract, or shall make unlawful or improper in any substantial respects, any of the operations of the Contractor under this contract. c) For any reason considered in the best interest of the District. 11. In the event of cancellation by the District under or pursuit to the terms of I Oa through l Oc above, all monies already paid to the Contractor by the District shall be retained by the Contractor. A final report on the cloud seeding operations for that season up to the time of such cancellation shall be furnished as soon as practical. 12. In the event the District decides that additional precipitation is not desired for any portion of the operational period, the District may suspend cloud seeding operations for any specified portion of such operational period by providing three (3) days notice to the Contractor. In the event the District suspends operations under this paragraph, Contractor will reimburse the District in the amount of $250.00 for each day of the suspension. 13. District agrees to pay the Contractor for the services rendered, as outlined in this contract, the total sum of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000), PLUS AN AMOUNT OF FOUR HUNDRED FIFTY TWO DOLLARS ($452.00) PER HOUR OF AIRCRAFT SEEDING FLIGHT TIME PLUS EIGHTY DOLLARS ($80.00) PER END BURNING FLARE AND TWENTY EIGHT DOLLARS ($28.00) PER EJECTABLE FLARE FOR SEEDING MATERIALS IN THE PAYMENT SCHEDULE AS SET FORTH BELOW. It is understood and agreed that this sum includes the total fee for all aircraft flights and evaluations of the program. 14. Contractor agrees to submit detailed monthly invoices to the District summarizing each month's consumables by the 5th of the month. 15. SCHEDULE OF PAYMENTS: PAYMENT DATE 1 November 2009 1 December 2009 1 January 2010 1 February 2010 1 March 2010 1 April 2010 1 May 2010 TOTAL: AMOUNT $30,000 $18,000 +November consumables $18,000 + December consumables $18,000 + January consumables $18,000 + February consumables $18,000 + March consumables $18,000 + April consumables $120,000 + all consumables 16. Consumables are considered to be aircraft flight time and seeding materials. 17. The total amount of this contract is not to exceed $199,500 without a written request and approval for additional services from the District. 18. Any notice to be given hereunder may be served personally or by depositing the same in the United States mail, postage prepaid, and addressed to the party being notified at his address as set forth below, or at such other address as may be hereafter designated in writing. If served by mail, service shall be conclusively deemed to have been made upon deposit in the United States. IN NA71TNESS WHEREOF, the parties hereto have set their hands and seals to this contract the day and year first hereinabove written. ADDRESS: P.O. Box 81435 Bakersfield, California 93380 -1435 NORTH KERN WATER STORAGE DISTRICT By Engineer — Manager - "NKWSD" ATTEST: Secretary Date ADDRESS: P.O. Box 17096 Reno, Nevada 89521 RHS CONS T TD By: Pre 'de "Contractor" ATTEST: State Of Nevada County Of Washoe This instrument was acknowledge ed before me on J 925 0 by t JASM=LOOK Ja ine M. Look / Notary PubliNt9TARYPU81Date AppointC°�'ca Water Board Meeting October 14, 2009 8. NEW BUSINESS (Continued) B. Independent Contractor's Agreement with Trans -West Security to Provide Security Patrol Services for City Water Facilities — For Board Review and Action AGRCEfw1L^� T ,�1( #. NT THIS AGREENIENT is made and entered into on , by and between the GVr'Y OF BAKERSFIELD, a municipal corporation, ( "CITY" herein) and TRANS -WEST SECURITY ( "CONTRACTOR" herein). �� ECITALS 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: 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 methods when 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. SA2009 CONTRACTS\ TransWestSecuritylndependent .doc September 18, 2009 -- Page 1 of 8 Pages -- 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of payments riot to exceed total f=orty 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 (5t") 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 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. 6. 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 corporation, at least one officer or key employee shall hold the required licenses or SA2009 CONTRACTS\ TransWestSecuritylndependent .doc September 18, 2009 -- Page 2 of 8 Pages -- 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. 10. 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. EXHIEITS. 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 asset 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 WTH 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. 16 DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. SA2009 CONTRACTS\ TransWestSecuritylndependent .doc September 18, 2009 -- Page 3 of 8 Pages -- 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 forrn 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. SA2009 CONTRACTS\ TransWestSecuritylndependent .doc September 18, 2009 -- Page 4 of 8 Pages -- 1 8.5. 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. 118.6. 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. J8.j©. 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. SA2009 CONTRACTS\ TransWestSecurityindependent .doc September 18, 2009 -- Page 5 of 8 Pages -- 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 there, 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. SA2009 CONTRACTS1 TransWestSecuritylndependent .doc September 18, 2009 -- Page 6 of 8 Pages -- 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. BMING 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. 27. TITHE 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. 23. 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 AUTHOMTY. 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. CONTRACTOR's Federal Tax I® Number 95- 3300030 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. SA2009 CONTRACTS\ TransWestSecuritylndependent .doc September 18, 2009 -- Page 7 of 8 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD TRANS -WEST SECURITY SERVICES M By: DAVID R. COUCH, Chair Water Board Type or Print Name: Title: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT go FLORN CORE Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in Insurance: Attachment: Exhibit A SA2009 CONTRACTS\ TransWestSecuritylndependent .doc September 18, 2009 -- Page 8 of 8 Pages -- Water Board Meeting October 14, 2009 8. NEW BUSINESS (Continued) C. Contract Agreement with Live Oak Associates for biological services - For Board Review and Action THIS AMENDMENT NO. 3 TO AGREEMENT NO. WR 06 -035 is made and entered into on _October 14 2Q09 , by and between the CITY OF BAKIERSFIELD, a municipal corporation (referred to herein as "CITY "), and LIVE OAK ASSOCIATES, INC. (referred to herein as "CONTRACTOR "). WHEREAS, CITY and CONTRACTOR have entered into Agreement No. WR 06 -035 for the Year Two Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge site; and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in Buena Vista Lake Shrew Habitat Monitoring in the City of Bakersfield; and WHEREAS, CONTRACTOR has already performed work, services or products for Year Two Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge site and has received compensation for such work, services or products; and WHEREAS, the parties desire to amend Agreement No. WR06 -035 to include Year Five Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge Area (Exhibit A); and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 1. of Agreement No. WR06 -035 entitled "SCOPE OF WORK" is hereby amended to read as follows: "1. SCOPE OF WORD. The scope of work is described as: Conduct year five annual monitoring of the site as set forth in Exhibit "A ". 2. Section 2. of Agreement No. WR06 -035 entitled "COMPENSATION" is hereby amended to read as follows: "2. COMPENSATION. Compensation for all work, services or products called for under this agreement shall consist of additional compensation of Twelve Thousand Dollars ($12,000.00), total payment not to exceed Forty Five Thousand Two Hundred Eighty Five Dollars ($45,285.00), which shall be paid for completed services after receipt of an itemized invoice approved by the Water Resources Manager or his designee. The S:\2009 CONTRACTS\ Live0akAmendmentToAgreementWR06- 035(3).doc August 25, 2009 -- Page 1 of 2 Pages -- 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. Except as amended herein, all provisions of Agreement No. WR 06 -035 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. WR 06 -035 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD LIVE OAK ASSOCIATES, INC. M HARVEY L. HALL Mayor Title: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: FLORN CORE Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: Insurance: COUNTERSIGNED: I NELSON SMITH Finance Director SA2009 CONTRACTS\ Live0akAmendmentToAgreementWR06- 035(3).doc August 25, 2009 -- Page 2 of 2 Pages -- sa 4 R i � - - -- a li rcoiog?cal C.oiaaa..; 1 1i� #pbq TB�srn September 3, 2009 Mr. Flora Core City of Bakersfield Water Resources Department 1000 Buena Vista Road Bakersfield, CA 93311 Subject: Year 5 Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge Area, City of Bakersfield, California. Dear Flora: At your request, Live Oak Associates, Inc. (LOA) is providing this budget and proposal to complete the Year 5 Buena Vista Lake Shrew (BVLS) habitat monitoring for the Kern Fan site located in the City of Bakersfield. LOA proposes to conduct the Year 5 annual monitoring of the site as set forth in the Buena Vista Lake Shrew Habitat Management Plan for the Kern Fan Water Recharge Site (LOA 2004). The 5 year monitoring will be conducted in accordance with recommended changes to the monitoring methodology as outlined in Buena Vista Lake Shrew Year 2 Habitat Monitoring Kern Fan Water Recharge Area (LOA 2006). During the Year 5 monitoring, LOA will conduct vegetation monitoring of permanent sampling points that were established during the Year 1 baseline monitoring and the Year 2 monitoring, photographic documentation at permanent photo points established during the Year 1 baseline monitoring, and the preparation of an annual report with findings from the surveys to be submitted to the United States Fish and Wildlife Service ( USFWS). LOA proposes to complete the Year 5 monitoring on a time- and - materials basis at a cost not to exceed $11,894.00. Details are provided in Attachment A. The proposed scope of work discussed below has been broken into tasks. They are as follows: 1.0 Field Surveys. We propose to conduct field surveys on the site to pursuant to the protocol established in the Habitat Management Plan (LOA 2004) and recommended changes to the monitoring methodology outlined in the Year 2 annual report. This will include sampling vegetation at permanent sampling locations and photo documentation points that were established during the first two years of surveys. Data gathered at each sampling location will include: percent cover by each plant species; percent cover of leaf litter, matted vegetation, and/or overhanging riparian vegetation; riparian tree /shrub health and vigor data. 2.0 USFWS Report. Upon completion of the field surveys indicated above, a report will be prepared pursuant to the Habitat Management Plan. This report will be provided to the City San Jose: 6840 Via del Oro, Suite 220 . San Jose, Cat 95119 a Prone: (408) 224 -8300 . Fax: (408) 7.24 -141 Oa!:hi_ss st: P,Q. iiox toy? p 39930 Sierra Way, Suite B 9 Oakhurst, CA 936,44 3 Phone: (559) 642 -4880 � Fax: (559) 642 -4883 Bakersfield: 8200 Stockdale Kgh,.n/ey, IV110 -293 m Bakersfield, CA 93311 for submission to the USFWS. The report will include the following elements: the findings 1•om the vegetation surveys, photo docuincntation, and monthly water flow and channel/basin filling data for the prior year, a comparison with findings of the previous years Of surveys, and any recortnznendations for changes to the current priority of floivs. 3.E1 Meet, ings. We have included, thne to attend the mandatory annual meeting with the USFWS. LOA would like to thank you for considering our firm and we look forward to providing ecological services to you on this project. If you have any additional questions or concerns regarding this proposed scope and budget, please contact me at (661) 369 -8761 at your earliest convenience. Sincerely, Westley M. Rhodehamel Regional Director /Wildlife Biologist Water Board Meeting October 14, 2009 NEW BUSINESS (Continued) 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: William G. Leonard 663 Berry Avenue, Los Altos CA 94024 -4939 all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield Dated: 05/01/1984 For Water facilities Amount of deposit: Balance of deposit: Number of services: WB8403 TR 4612 $73,880.85 $27,705.04 NA Number of hydrants: NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 % 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: Neptune Company y: Dated: Brent N guizian, Manager Accepted: William G. Leonard �� /iii — �WW Accepted: City of Bakersfield By: Dated: Water Board Meeting October 14, 2009 8. NEW BUSINESS (Continued) E. Agreement with California Water Service Company for Providing Emergency Residential Water Line Repairs — For Board Review and Action WATER BOARD AGREEMENT NOe AGREEMENT REGARDING THE OFFERING OF RESIDENTIAL EMERGENCY WATER LINE REPAIR SERVICES This Agreement Re Offering of Residential Emergency Repair Services (this "Agreement "), dated as of October , 2009 (the "Effective Date "), is by and between CWS Utility Services, a California corporation ( "Utility Services "), and City of Bakersfield, a Charter City and municipal corporation ( "City "). RECITALS A. California Water Service Company ( "Cal Water ") and City have entered into the Operating and Maintenance Agreement dated November 4, 1992, as renewed on June 11, 2008 (the "O &M Agreement "). Cal Water and Utility Services each is a wholly -owned subsidiary of California Water Service Group. B. Utility Services primarily provides non - regulated utility services in the State of California. Utility Services makes available the residential repair, replacement or installation products and related services to Cal Water residential customers through Home Service USA Corp. ( "Home Service ") and its Affiliates pursuant to the Business and Cooperation Agreement dated as of November 23, 2007 between Utility Services and Home Service (the `B &C Agreement "). C. The residential repair, replacement or installation products and related services provided by Home Service USA to Cal Water residential customers pursuant to the B &C Agreement are provided through Home Emergency Insurance Solutions ( "HEIS "), a wholly -owned subsidiary of Home Service USA that is licensed by the California Insurance Commission, License (# OF79326) and whose insurance policies are underwritten by Wesco Insurance Company. D. Utility Services and City desire to enter into an arrangement on the following terms and conditions whereby residential customers who are serviced by Cal Water on behalf of City pursuant to the O &M Agreement will receive the opportunity to obtain from Utility Services (through Home Service) certain of the products and related services that are marketed and sold to (regulated) residential customers of Cal Water who reside in those areas within City that are directly served by Cal Water on its own behalf (and not on behalf of City pursuant to the O &M Agreement). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which shall be deemed a part of this Agreement, and the mutual covenants, promises, agreements, representations and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged., the Parties agree as follows: Section 1. Definitions. Capitalized terms used in this Agreement shall have the following meanings: "Affiliate" shall mean, with respect to any Person, any Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under corm-non control with, such Person. "Confidential Information" shall mean any nonpublic information of the disclosing Party or an Affiliate thereof, including, any trade secrets, technical information, business information, marketing information, customer lists, claims information relating to customers, product sales plans, know -how, methods, techniques, processes and any other confidential information shared between the Parties in writing or orally. Confidential Information does not include information which: (i) is in the possession of the receiving Party at the time of disclosure, provided that the receiving Party shall have the burden of proof with respect to the factual issue of such prior possession; (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inaction or action of the receiving Party in violation of this Agreement or another agreement; (iii) is approved for release by the disclosing Party in writing; (iv) is received without restriction from a third party that, to the best knowledge of the receiving Party, did not breach any obligation of confidentiality to the disclosing Party by virtue of providing such information; or (v) was independently developed by employees of the receiving Party, provided that the receiving Party shall have the burden of proof with respect to the factual issue of independent development. "City of Bakersfield Customer" shall mean any Person who is a homeowner or tenant of a residential property within City service territory operated by Cal Water pursuant to the O &M Agreement. "Customer Data" shall mean the name, service address, billing address, unique reference number and, if available, residential telephone number of a City of Bakersfield Customer. Customer Data shall not include information about City of Bakersfield Customers that is obtained by HEIS or Utility Services directly from City of Bakersfield Customers. "Loss" and "Losses" shall mean all damages, losses, claims, demands, suits, actions, expenses, costs and liabilities, however described or denominated but shall not include the portion of any loss, liability, damage, deficiency, diminution in value, cost or expense that would have been avoided through commercially reasonable efforts to mitigate by the Party incurring the Loss. "Party" shall mean each of City of Bakersfield and Utility Services and "Parties" shall collectively mean City of Bakersfield and Utility Services. "Person" shall mean and include an individual, a corporation, a partnership, a limited liability company, a limited liability partnership, a joint venture, a trust, an unincorporated association, a government or political subdivision or agency thereof or any other entity. "Products" shall mean the residential, repair, replacement or installation products and related services (or any combination thereof) offered by Home Service or an Affiliate thereof (including HEIS) listed on Exhibit A hereto. Additional products (and related services) of Home Services and its Affiliates, including those additional products (and related services) identified on Exhibit A hereto, may be offered by Utility Services to City of Bakersfield Customers only with the prior approval of City. "Utility Services Parties" shall mean, collectively, Utility Services and its Affiliates, and their officers, directors, employees, agents and contractors employed, retained or otherwise acting for and on behalf of any of them for purposes of this Agreement and the transactions contemplated hereby. The "Utility Services Parties" shall not include City or Home Service or its Affiliates (including HEIS). Section 2. Offer of Products to City of Bakersfield Customers. (a) City agrees that Utility Services may include in regular monthly water bills sent by Cal Water to City of Bakersfield Customers (including billing inserts) promotional, advertising and application materials for the marketing and sale of the Products to City of Bakersfield Customers, which Products will be provided by HEIS on behalf of Home Service pursuant to the B &C Agreement. City agrees that Utility Services or HEIS also may directly mail to City of Bakersfield Customers marketing and other materials relating to Products. (b) Utility Services shall submit the current form of all Product marketing materials to be provided to City of Bakersfield Customers to City for its prior written approval, which approval shall not be unreasonably withheld or delayed. If any additional Products are offered in the future with the approval of City, Utility Services shall submit the new marketing materials for such additional Products to be provided to City of Bakersfield Customers to City for its prior written approval, which approval shall not be unreasonably withheld or delayed. Any such materials shall be deemed approved by City if no written objection is given by City to Utility Services within ten (10) business days of the date such material is submitted by Utility Services. Section 3. Commission. In consideration of the right of Utility Services (through Home Service and its Affiliates, including HEIS) to offer Products to City of Bakersfield Customers pursuant to this Agreement, Utility Services shall pay City a monthly commission of ten percent (10 %) of the Administrative Fee (as defined in the B &C Agreement) paid by or on behalf of Home Service to Utility Service under the B &C Agreement in respect of any City of Bakersfield Customers who purchase Products during the term of this Agreement, as such payments are received and subject to the provisions of Section 4. Section 4. Member Billing and Paavment. (a) City acknowledges that Utility Services (either directly or through an Affiliate), on behalf of and as a service to Home Service and HEIS, will bill City of Bakersfield Customers who have purchased Products by line -item charge on City Customer's regular monthly bill and City's normal billing practices and procedures. If any such City of Bakersfield Customer shall fail to pay any bill in full, partial payments shall be applied first to utility operations and municipal services (including amounts in arrears from prior bills) and, after satisfaction in full of any utility operations and municipal services obligations (including arrearage payments), and prior to any other amounts due to any other third party vendor or for any other amount on the bill, any remaining amounts shall be applied to amounts due in respect of Products purchased by such City of Bakersfield Customer. (b) On or before the 15th day of each billing cycle (which for all purposes of this Agreement shall be a calendar month), Utility Services shall render to City of Bakersfield a statement in electronic or paper form which shall state the aggregate Administration Fee received by Utility Services for that preceding billing cycle from HEIS on behalf of Home Service under the B &C Agreement. The statement from Utility Services shall be accompanied by payment to City in the amount equal to 10% (ten percent) of the aggregate amount received by Utility Services for Administrative Fees due for the billing cycle, as set forth in such statement. Section 5. Customer Data and Member Data. (a) Customer Data is the exclusive property of City and Utility Services and its Affiliates. (b) City acknowledges that data obtained by HEIS from City of Bakersfield Customers that purchase Products is the sole and exclusive property of HEIS (it being understood that any elements of such data provided will also be owned by City and Utility Services as Customer Data). (c) City of Bakersfield shall provide Utility Service with a copy of their respective privacy policies (or policies to which they adhere) and will promptly provide the other with any amendments of, or any supplements to, such policies. (d) City acknowledges all documentation relating to the Products shall at all times remain the property of HEIS or its Affiliates. Section 6. Term and Termination. (a) The term of this Agreement shall commence as of the Effective Date and shall continue in effect until the earlier of (i) the termination or expiration of the O &M Agreement or the termination or expiration of the B &C Agreement. (b) This Agreement shall be subject to tennination as follows: 1. City of Bakersfield may terminate this Agreement at any time upon a material breach of this Agreement by Utility Services (provided that City itself is not then in breach hereof). 2. Utility Services may terminate this Agreement at any time upon a material breach of this Agreement by City (provided that Home Service itself is not then in breach hereof). 3. Utility Services or City may terminate this Agreement for convenience at any time upon ninety (90) days' prior written notice to the other.. 4. Any termination under this Section 6(b) shall be by written notice to the counter - Party, and in the case of termination under subsection 1 or 2 above, such notice shall specify the date, not less than thirty (30) days following the date of the notice ( "Cure Period "), as of which the termination shall be effective. The termination shall not take effect if the grounds for termination have been cured to the reasonable satisfaction of the terminating Party within the Cure Period. Any notice of termination must include a reasonably detailed description of the reasons therefor. Section 7. Effect of Termination. Upon expiration or earlier termination of this Agreement: (a) Nothing in this Section 7 shall prohibit HEIS from rendering services required under any service agreements with City of Bakersfield Customers that are in- force at the termination date. (b) The terminating Party shall have no right to recover damages from the counter - Party, and the counter -Party shall have no right to recover damages from the terminating Party, other than damages based on breach of this Agreement. (c) Termination or expiration of this Agreement for any reason shall be without prejudice to the rights and obligations of the Parties which have accrued as of the date of such termination or expiration, and shall not affect the operation of any provision of this Agreement which is expressly or by implication intended to survive such termination or expiration. Without limiting the foregoing, any payment obligations of a Party incurred prior to termination shall survive the termination of the Agreement. Section S. Utility Services Indemnity. Utility Services shall indemnify, defend and hold City harmless of, from and against all Losses which City Parties may suffer as a result of any claim asserted against City by any City of Bakersfield Customer with respect to any Products purchased by such City of Bakersfield Customer. Section 9. Co.o �,r tiop. In the event of any third -party claims made against any of the Parties with respect to the subject matter of this Agreement, the Parties shall cooperate reasonably with one another in the investigation and defense of such claims. Section 10. General Provisions. (a) Waiver of Rights. No failure or delay on the part of either Party to exercise any of its rights under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof. Any waiver by either Party of any breach by the other of any of its obligations under this Agreement shall not affect the rights of the waiving Party in the event of any further or additional breach or breaches. (b) Entire Agreement. This Agreement contains the entire Agreement between the Parties with respect to the subject matter hereof and supersede all previous agreements and understandings between the Parties with respect thereto. (c) Further Assurances. Each Party shall execute and deliver such instruments and documents and take such actions as may be required to more effectively carry out the terms of this Agreement. (d) Severability. If any provision of this Agreement is held by any court or other competent authority to be illegal, void or unenforceable in whole or in part, then (i) the illegal, void or unenforceable provision shall be excluded from this Agreement, and (ii) the remaining provisions of this Agreement shall be interpreted as if such illegal, void or unenforceable provision were excluded, and shall be enforceable in accordance with their terms. (e) Headings; Construction. The headings in this Agreement are for convenience only and shall not in any way affect the interpretation of this Agreement. Words denoting the singular include the plural and vice versa, as the context requires. (f) Governing Law; Jurisdiction. This Agreement, and the rights and obligations of the Parties hereunder, shall in all respects be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, and the Parties hereby submit to the exclusive jurisdiction of the California courts. (g) Amendment. This Agreement may be amended, varied, modified or altered only by written agreement between the Parties. (h) Counterparts -, Execution and Deliver y. This Agreement may be executed in counterparts. Any facsimile signature of any Party hereto shall be deemed an original and shall constitute a legal, valid and binding execution hereof by such Party. (i) Dispute Resolution. In the event that any material controversy or dispute arises between the Parties with respect to the enforcement or interpretation of this Agreement, or with respect to any of the transactions contemplated hereby, City of Bakersfield and Utility Services shall use their commercially reasonable efforts to resolve the matter by negotiation. City of Bakersfield and Utility Services shall refer any matter that cannot be so resolved to nonbinding mediation before a disinterested third -Party mediator selected jointly by the Parties. At any time during the course of negotiations and /or mediation (including at inception of the dispute), either Party may by written notice to the other impose a deadline for conclusion of such proceedings which shall be no less than thirty (30) days following the date of the notice ( "StandStill Period "). Upon expiration of the StandStill Period, the Parties shall have full resort to all available legal and equitable procedures and remedies for resolution of the matters at issue. Notwithstanding the foregoing, if either Party is confronted with actual or threatened loss or injury for which there may be no adequate remedy at law, nothing in this section shall operate or be construed to prohibit immediate application to a court of competent jurisdiction for such relief as may be available in equity. This section also shall not operate or be construed to prohibit or delay the exercise of a Party's right to terminate this Agreement. 0) Expenses. Except as otherwise provided herein, all costs and expenses incurred in connection with the negotiation, execution and delivery of this Agreement and the consummation of the transactions contemplated hereunder shall be paid by the Party incurring such expenses, including, without limitation, all legal and accounting fees and expenses. (k) Notices. All notices and other communication hereunder shall be in writing and shall be deemed given when mailed, delivered personally, sent by facsimile (which is confirmed) or sent by an overnight courier service, such as Federal Express, to the Parties at the following addresses (or at such other address as shall be specified by like notice): If to Utility Service, to: CWS Utility Services 1720 North First Street San Jose, California 95112 -4598 Attention: Corporate Secretary With a copy to: CWS Utility Services 1720 North First Street San Jose, California 95112 -4598 Attention: Marty Kropelnicki Telephone: (408) 367-8215 If to City of Bakersfield, to: City of Bakersfield Water Resources Department 1000 Buena Vista Rd. Bakersfield, California 93311 Attention: rlorn Core, Water Resources Manager With a copy to: City of Bakersfield 1600 Truxtun Ave. Bakersfield, California 93301 Attention: City Clerk (1) ConfIldenfiality. (i) Each Party shall maintain in confidence the existence and the terms and conditions of this Agreement and not disclose the same to any third Person, except to the extent required by law and except as may be disclosed to Affiliates of each Party as may be necessary in the ordinary course of such Party's business and to certain professional advisors to the extent that they are bound by such confidentiality and except to a potential purchaser of all or substantially all of the business of a Party hereto, provided that such potential purchaser has executed a confidentiality and non - disclosure agreement in favor of the disclosing Party and the disclosing Party has notified the other Party hereto of such disclosure in writing. Each Party undertakes to use Confidential Information disclosed to it as 'a result of the relationship of the Parties hereunder solely for the purposes of this Agreement. (ii) Except with the express prior written approval of the other Party, and subject to the third party's entering into obligations of confidentiality equivalent to those under this Agreement, neither Party will disclose any Confidential Information of the other Party to third parties except those directors, officers, employees, consultants and agents who are required to have the information in order to effectuate this Agreement. Each Party will advise each such director, officer, employee, consultant and agent receiving the Confidential Information of the confidential nature thereof and of the obligations set forth in this Agreement and similarly bind them in writing. Each Party will be responsible for any breaches of the obligations of confidentiality and restricted use set forth herein by any director, officer, employee, consultant or agent to whom such Party discloses any Confidential Information of the other Party. Notwithstanding the foregoing, disclosure by a recipient of Confidential Information to a third party is permitted with the consent of the non - disclosing Party (which consent will not be unreasonably withheld or delayed) if it is in connection with a potential acquisition of the recipient by such third party but only where the third party agrees in writing to maintain the confidentiality of the Confidential Information on at least the same terms as provided herein. (iii) Each Party agrees that it will take reasonable measures to protect the secrecy of, and avoid disclosure or use of, Confidential Information of the other Party in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized hereunder to have any such information, which measures shall include at least the same degree of care that the receiving Party utilizes to protect its own Confidential Information of a similar nature, and in any event, no less than reasonable care. (iv)Each Party agrees to notify the other Party in writing of any misuse or misappropriation of such Confidential Information of the other Party which may come to its attention. (v) In the event that any Party or its respective directors, officers, employees, consultants or agents are required by legal process to disclose any of the Confidential Information of the other Party, the Party required to make such disclosure shall give prompt notice to the other Party so that the other Party may seek a protective order or other appropriate relief. The Party required to make such disclosure shall disclose only that portion of the Confidential Information which it is legally required to disclose. (m)Extension; Waiver. Any agreement on the part of a Party to any extension or waiver of an obligation hereunder shall be valid only if set forth in an instrument in writing signed on behalf of such Party. The failure of any Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of those rights. (n) Assignment. Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by either Utility Services or City without the prior written consent of the other Party, except for an assignment by a Party to any of its Affiliates who becomes obligated hereunder along with the assigning Party. (o) Independent Contractors. The Parties shall at all times be independent contractors, maintaining sole and exclusive control over their respective personnel and operations. Except as specifically provided in this Agreement, at no time will a Party hold itself out to be the agent, employee, lessee, sublessee, partner or joint venturer of any other Party. Nothing in this Agreement shall be construed to create any agency, employment, partnership, joint venture or similar relationship between the Parties other than that of independent contractor. (p) Press Release. Neither Party will make any public statement, including without limitation, any press release, with respect to this Agreement and the transactions contemplated hereby without first consulting with the other Party (except that a Party shall be permitted to make any press release or announcement required by applicable law or any other recognized regulatory body such as the Securities Exchange Commission and the new York Stock Exchange or any such other stock exchange on which Utility Services or its Affiliates' securities are traded). IN WITNESS WHEREOF, each of the Parties hereto has executed this Agreement as of the date first above written. CITY OF BAKERSFIELD By: David Re Couch, Chair Water Board APPROVED AS TO CONTENT I- Floran Core Water Resources Manager APPROVED AS TO FORM i, Virginia GeEnnnaro City Attorney CWS UTILITY SERVICES By: — Name: Title: By: _ Name: Title: 10 EXHIBIT A Products Sewer /Septic Line Sewer /Septic Line Plus Water Line Plumbing and Drainage Interior Plumbing and Drainage Water Loss Protection Water Heater Additional Products that may be offered under the Agreement in the future, subject to City providing prior approval: Interior Gas Line Electrical Emergency and Breakdown Water & Gas Line Exterior Gas Line Interior Telephone/Low Voltage Line Heating System Cooling System Surge Defense Appliance protection M Water Board Meeting October 14, 2009 8. NEW BUSINESS (Continued) F. Amendment to Agreement No. 08 -18 WB with Stetson Engineers, Inc. for Engineering Services related to Urban Water Planning and Water Needs Studies — For Board Review and Action M T N f C� ��J _ 1 1" 0 If THIS AMENDMENT NO. ONE(1) TO AGREEMENT NO. 06 -18WB is made and entered into on October 14, 2009_ , by and between the CITY OF BAKERSFIEILD, a charter city and a municipal corporation (referred to herein as "CITY "), and STETSON ENGINEERS, INC., (referred to herein as "CONSULTANT "). RECITALS WHEREAS, on the 20th of dune of 2008, the CITY and CONTRACTOR entered into Agreement No. 08 -18WB wherein CONTRACTOR would prepare Fern River Mater Supply Agreements; and WHEREAS, the parties now desire to enter into Amendment No. One (1) to Agreement No. 08 -18WR, to prepare Kern River Water Supply Agreements; and WHEREAS, additional work shall be required by CONTRACTOR to prepare the Kern River Water Supply Agreements; and WHEREAS, CONTRACTOR has agreed to additional compensation of Two Thousand Five Hundred Dollars ($2,500) above the original compensation of Seventeen Thousand Dollars ($17,000) for additional time spent to prepare Kern River Water Supply Agreements. Total compensation not to exceed Nineteen Thousand Five Hundred Dollars ($19,500). NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. 08 -18WB as follows: 1. Section 1 of Agreement No. 08 -18WR entitled "Scope of Work" is hereby amended to include the following: 1. SCOPE OF WORK. CONTRACTOR shall prepare additional analysis to develop a preliminary "Extension" price pursuant to Section 4.1 (b) of the "typical' contract using 2007 data. (Although the extension price is based on a 5- year average, Stetson will calculate the 2007 Extension Price.) 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. SA2009 CONTRACTSWmendmentlToAgreement08- 18WB.doc October 9, 2009 -- Page 1 of 2 Pages -- 2. Section 2 of Agreement No. 08 -18WB entitled "Compensation" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Two Thousand Five Hundred Dollars ($2,500). 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. Except as amended herein, all other provisions of Agreement No. 08 -18WB shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One [1 ] to Agreement No. 08 -18WB to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD STETSON ENGINEERS INC. IN DAVID R. COUCH, Chair Water Board Title: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT in FLORN CORE Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney SA2009 CONTRACTSWmendmentiToAgreement08- 18WB.doc October 9. 2009 -- Page 2 of 2 Pages -- Water Board Meeting MISCELLANEOUS October 14, 2009 A. Letter of Intent to Purchase Approximately 40 Acres of Property for Water Well Field, Tank Farm and Distribution Facilities — For Board Information 't GRUBB& ELLIS ASU & Associates ASU &Associates 2000 Oak Street, Suite 100 Bakersfield, CA 93301 661.862.5454 main October 8. 2009 661.862.5444 fax www.asuassociates.com Mrs. Charlene Scharpenberg independently Owned and Operated 8524 Old River Road Bakersfield, CA 93311 Re: Letter of Intent to Purchase approximately 40 acres of NW /4 of Section 32, T30, R27 Dear Charlene: The following shall serve as an Letter of Intent to Purchase approximately 40 acres of your property located at the Southeast corner of Old River Road and M�Cutchcon Road. Buyer: City of Bakersfield, a municipal corporation Purchase Property: The purchase property will contain approximately 40 -acres and shall be configured as depicted on the attached map with actual dimensions to be approved by both parties. The responsibility to create the legal parcel shall be the Buyer's. Purchase Price: $25,000 per "Gross" acre or approximately $1,000,000.00 Terms: All cash at the close of escrow Close of Escrow: Within 60 days of tie approval and execution of the Purchase Agreement. Buyer's Contingences: A. Approval of a Purchase Agreement by the Bakersfield City Council B. Property to appraise for the offered amount C. Review and approval of the Preliminary Title Report. D. Review and approval of engineers survey if complete. E. Completion of Buyer's feasibility study which shall include the engineer's estimate of the cost of all on & o T- -site improvements pertinent to the parcel. F. Buyer's review and approval of a Phase I Environmental Site Assessment to be completed at Buyer's expense, if required; or, if one is complete, it is to be made available for Buyers review. Title/Eserow: First American Title Company Commission: At the close of escrow Seller agrees to pay Grubb &Ellis /ASU &Associates a commission of four (4 %) percent of the sales price. All Buyer's contingencies are to be waived or approved in writing within sixty (E0) days of opening of escrow. In the event Buyer is unable to waive or approvc all of dhe conditions within the sixty (60) day period, or the property will not appraise for the Purchase Price, all deposit moneys shal I return to the Buyer with no further responsibility on the part of either party. Please review and if the aforementioned meets with your approval we can draft the Purchase Agreement. This better of Intent will not bind either party until such time that the Purchase Agreement is drafted and executed by both parties. The better of Intent to Purchase shall remain in full force and effect until October 16, 3009. Sincerely, Bryan T. I laupt ACCEPTANCE Seller: Scharpenberg Marital Trust By Date Buy By Date /O — F '�&) / i * m C7 to N� I.L L - Jim j Y M LO • r I I C)MC,*,, 11 INC- B c� LO L 10 L aaa4S 'E£L6- L L£E6 VO OIT=ISH3HH9 'C1H HINH nio t ZS8 'f LO-9C.-Ob0 -L64 tiv) LO-90-0 LO-E6S - 0 LOZ-600Z 'b-) ' Wa)4 r i CL N � V) V) 1,1 V) V) p Z y po' pC w Q N y i' h0N W rn��vi 4•p Dc W per.. -Gpq LZI �O�p U1 . to Z _ �? nlii�a m a c °na °s °on V _ C9V 5 Z ro�y- Lo uaa' b�Ga v Y (n G= oov_aa'.. INC- B c� LO L 10 L aaa4S 'E£L6- L L£E6 VO OIT=ISH3HH9 'C1H HINH nio t ZS8 'f LO-9C.-Ob0 -L64 tiv) LO-90-0 LO-E6S - 0 LOZ-600Z 'b-) ' Wa)4 r i CL N � V) V) 1,1 V) V)