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HomeMy WebLinkAbout03/13/00 -,~'? ' ' '"~- ~:--.-~ WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Irma Carson CITY OF BAKERSFIELD ........ SPECIAL WATER BOARD MEETING MONDAY, MARCH 13, 2000 - 4:30pm Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA AGENDA I). CALL MEETING TO ORDER 2). ROLL CALL 3). APPROVAL OF OCTOBER 13, 1999 MEETING MINUTES 4). PUBLIC STATEMENTS 5). KERN RIVER OPERATIONS REPORT 6). OLD BUSINESS A. KERN RIVER LEVEE DISTRICT- Staff update on merger - For Board Information B. KERN RIVER PARKWAY PROPOSITION 204 - For Board Information 7). NEW BUSINESS A. CONSULTING CONTRACT WITH THOMAS STETSON ENGINEERS - For Board Approval B. SERVICES CONTRACT WITH DODD INVESTIGATIONS, INC. - For Board Approval C. AGRICULTURAL WATER DIVISION 2000 WATER PRICE SCHEDULE - For Board Review D. DOMESTIC WATER MAINLINE EXTENSION AGREEMENTS - For Board Information E. DOMESTIC WATER MAINLINE EXTENSION REFUND REASSIGNMENTS - For Board Information F. RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS TO CALFED FOR PILOT PROJECT GRANTS & DESIGNATION OF REPRESENTATIVE TO SIGN APPLICATIONS - For Board Approval 8). WATER BOARD MEETING SCHEDULE FOR REMAINDER OF YEAR 2000 9). WATER BOARD STATEMENTS 10). CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) NORTlt KERN WATER STORAGE DISTRICT vs KERN DELTA WATER DISTRICT, et al., TULARE COUNTY SUPERIOR COURT CASE Na 96-172919. I 1). CLOSED SESSION ACTION Gene Bogart, Fater ~ trces Manger POSTED: March 8, 2000 S:k2000WBM INSWB AGM C08 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 ° (661) 326-3715 MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Held Wednesday, October 13, 1999, Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Board Chair Saivaggio at 4:36 P.M. 2. Present: Mark Salvaggio, Chair David Couch, Vice-Chair Irma Carson 3. Board Member Carson made a motion to approve the minutes of the Regular Water Board meeting held August 18, 1999. Motion carried. 4. Public statements: Mr. Core introduced to the Board, Dr. Robert Reed, a local dentist representing the California Dental Association who spoke on behalf of the organization in support of fluoridation of the public water supply in Bakersfield. The California Dental Association is optimistic that funds will become available through Proposition 10 (Tobacco Initiative) for fluoridation of the City of Bakersfield water supply. The Water Board asked staff to prepare a report of costs associated with a fluoridation program, the monthly operating cost once the system is online and forward a copy to the City Council and to Dr. Reed for their information. For Board information, no action required. 5. An update on the Kern River Operations was given by Hydrographic Supervisor Steve Lafond. The water year began October 1, 1998 with 365,000 acre-feet of Isabella storage and ended September 30, 1999 with 200,000 acre-feet. Storage withdrawals from Lake Isabella have been reduced to 400- 500 acre-foot per day, this will continue into early November when the lake will settle for the winter carryover of approximately ! 75,000 acre-feet. 6. Old Business: 6A. Mr. Bogart gave an update on the Northeast Bakersfield Water Supply project. California Water Service Company (Cai Water) and Olcese Water District (Olcese) closed escrow today on the acquisition of Olcese by California Water Service Company. As of October 13, 1999 Cal Water is buying water from the City of Bakersfield to serve the residents in the Olcese area, this means that residents formerly served by Olcese will see a reduction in their water costs and will become comparable to other water purveyors in the Bakersfield area. The Board asked staff to prepare an informational memo to the full Council explaining the projects specific points and progress, this will be an item included in the "General Information" memo to the City Council members. For Board information, no action required. 6B. The Kern River Parkway Water Supply Management Agreement was brought before the Board by Mr. Bogart. This Agreement went before the Water Board in final draft at its last meeting, it has been approved by the Kern County Water Agency Board of Directors and is now ready for consideration by the Water Board. Water Board Chair Mark Salvaggio requested that a Water Board Report also be prepared to advise the Mayor and City Council of the Agreement and its importance to the Kern River Parkway and the community. A motion for approval and recommendation to City Council was made by Board Member Salvaggio. Motion carried. 7A. Mr. Core presented Water Bond AB1584 and Park Bond AB 18 to the Board. Both legislative Bills have been approved by a two-thirds majority of the Legislators, signed by the Governor and scheduled to be on the ballot for the March, 2000 general election. The City of Bakersfield could receive $2.5 million specifically designated for the Kern River Parkway and other funding based on a competitive basis for additional water programs in Assembly Bill 1584. The City could also receive funds in the amount of $2.5 million specifically designated for the Kern River Parkway from ABI 8 also. The City may be eligible as well for another $2 million for development of local parks under ABl 8. Overall, a total of $8 million may be available for several worthwhile projects to enhance Parkway and park programs within our community if these Bonds are passed. For Board ' information, no action required. 8. Water Board Member comments. Board Member Carson asked staff to prepare a report comparing the advantages/disadvantages of fluoridating the public water supply along with any recommendation they may have. 9. Conference with legal counsel - existing litigation. Closed session pursuant to subdivision (A) of Government Code Section 54956.9. City of Bakersfield, etc. v. Kern Delta, Et Al; Ventura County Superior Court Case No. CIV 191554. 10. No action taken, update by legal Counsel. I 1. Meeting adjourned at 5:46 P.M. Mark Salvaggio, Chair tr/~O City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board S:\WBM1NUTES 1999\WBMinOctl 3 2 KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX March 1, 2000 40.0 35.0 1997-1998 ~ : 240% A..J : 30.0 1996-1997 126% A-J ~) 25.0 o c:: 100% of Apr# 1 Average V · 20.0 o $'- I Average I  15.0 10.0 - ~ ...... [-[-~ 5.0 : .... ~1999-2000 ' I 1998'1999 I I, 53% A-J November December January February March Apdl Snowpack Accumulation Season CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT KERN RIVER BASIN Drainage Basin Above Bakersfield = 2,407 Square Miles Fresno ,~ MT. ~ITNEY LAKE ~ WEA H 810 · BE SlN KERN RIVER REMOTE SNOW SENSOR CALIF $ ELEVATION UPPER ~NDA~ CREEK 516 11,~0 ft CHAG~PA P~TEAU 514 10,~0 ft~ LAKE ISABELLA PAS~E 569 9,1~ ft WET MEA~W (W) 518 8,9~ ft TUNNEL G~RD STATION (W) 8~ 8,9~ ft CASA ~A MEA~WS ~) 262 8,4~ ft BEACH MEADOWS 8~ 7,6~ ft ~ I 0 S~le in Miles THE RESOURCES AGENCY OF CALIFORNIA DEPARTMENT OF WATER RESOURCES DIVISION OF FLOOD MANAGEMENT CALIFORNIA COOPERATIVE SNOW SURVEYS ITEM 6). A. KERN RIVER LEVEE DISTRICT Staff Update on Merger - For Board Information MEMORANDUM March 3, 2000 TO: Gene Bogart, Water Resources Manager FROM: Maurice Rhndall, Business Manager SUBJECT: PROPOSITION 204 As you have requested, I have summarized the Kern River property acquisitions, by the City, utilizing Proposition 204 Grant Funds. As you know the City of Bakersfield with the support of numerous local agencies and organizations applied for one million dollars '($1,000,000) of Proposition 204 funding. On September 24, 1997 the City Council approved a Resolution and Grant Agreement No. 97-275 between the State of California Wildlife Conservation Board and the City of Bakersfield. Pursuant to the Agreement, the State awarded the City a grant of up to five hundred thousand dollars ($500,000) to acquire one or more private properties located in the Kern River Parkway. The private property was to be purchased at market value on a willing buyer willing seller basis, subject to prior State of California approval. The City will be successful in acquiring five privately-owned parcels utilizing the total state gram funds available once the final parcel (McDonald) closes escrow. The details of the acquired parcels are shown below: Purchase Prop 204 Ag Water Date Property No. Acres Funds Funds Total May 1998 Ellingston 8.5 $109,563 $109,563 December 1998 Jones 2.6 114,695 114,695 April 1999 Davies 15.6 84,000 13,000 97,000 November 1999 Sill 13.3 72,500 10,000 82,500 March 2000 McDonald 6.0 107,500 11,500 119,000 $488,258 $34,500 $522,758 State appraisal review charges 11,742 Total $500,000 Please note that the McDonald acquisition was approved by the City Council on February 9, 2000, however, I do not believe escrow has closed as of this date. With the closing of escrow on this final property the City will have acquired over 46 acres of prime Kern River property along the parkway, utihzing the total $500,000 of the State grant dollars prior to the June 30, 2000, expiration date as required in the agreement. S:~2000MEMOS\PROP204 AGREEMENT NO. CONSULTANT'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and STETSON ENGINEERS, INC., ("CONSULTANT" herein). RECITALS WHEREAS, CONSULTANT represents CONSULTANT is experienced and well qualified in consulting engineering; and WHEREAS, CONSULTANT is required and does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the CONSULTANT; and WHEREAS, the CITY does not have expertise currently on staff to conduct specialized consulting engineering; and WHEREAS, CONSULTANT is aware that information may come into CONSULTANT's possession which may impact the CITY's legal position in the event such information was released to outside parties; and WHEREAS, CITY now desires to employ CONSULTANT to provide specialized consulting engineering as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: General and specialized consulting engineering or water and water rights issues. The scope of work shall include all items and services to include all the procedures necessary to properly complete the tasks CONSULTANT has been hired to perform whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total of payments not to exceed Fifty Thousand Dollars ($ 50,000.00) annually. Rates and charges for consulting engineering services shall be as set forth in Exhibit "A". The compensation set forth in this section shall be the total annual 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. CONSULTANT'S AGREEMENT S:\2000CONTRACTS\StetsonAgmt.wpd -- Page 1 of 8 Pages -- Annual compensation shall not exceed fifty thousand dollars ($50,000.00) without approval of City of Bakersfield Water Board. 3. PAYMENT PROCEDURE. CONSULTANT 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 CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of CONSULTANT's itemized invoice. 4. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 5. LICENSES. CONSULTANT 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 CONSULTANT to practice its profession. 6. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT will be dealing with information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents CONSULTANT prepares and confidential information given to CONSULTANT under this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 7. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by CONSULTANT shall be prohibited unless authorized by the CITY. 8. NO WAIVER OF DEFAULT. The failure of any party to enforce against 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. 9. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 10. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. CONSULTANT'S AGREEMENT S:~2000CONTRACTS\StetsonAgmt.wpd -- Page 2 of 8 Pages -- 11. 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 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, California 93311 CONSULTANT: THOMAS M. STETSON STETSON ENGINEERS, INC, P. O. Box 1257 San Juan Capistrano, CA 92693 1'2. 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. 13. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.. 14. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 15. 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 writing approved by the City Council or City Water Board and signed by all the parties. 16. CONFLICTS OF INTEREST. CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement. 17. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign CONSULTANT'S AGREEMENT S:~000CO NTRACTS\StetsonAgmt.wpd -- Page 3 of 8 Pages -- on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 18. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. 19. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at CONSULTANT'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. 20. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONSULTANT as an independent contractor. CONSULTANT 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 CONSULTANT other than that of an independent contractor. 21. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): 21.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and 21.2 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: 21.2.1 Provide coverage for owned, non-owned and hired autos. 21.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and employees. CONSULTANT'S AGREEMENT S:~2000CO NTRACTS\StetsonAgmt.wpd -- Page 4 of 8 Pages -- 21.3 Broad form commercial general 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: 21.3.1 Provide contractual liability coverage for the terms of this Agreement. 21.3.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 21.4 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 endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 21.5 Except for professional liability, all policies required of the CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and volunteers shall be excess of the CONSULTANT's insurance and shall not contribute with it. 21.6 Insurance is to be placed with insurers with a Bests' rating of no less than A:VII: Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:¥11, must be declared prior to execution of this Agreement and approved by the CITY in writing. 21.7 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. 21.8 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. 21.9 The CONSULTANT 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. 21.10 Full compensation for all premiums which the CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the CONSULTANT'S AGREEMENT S:\2000CONTRACTS\StetsonAgmt.wpcl -- Page 5 of 8 Pages -- prices paid for the various items of work to be performed under this Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 2'1.1'1 It is further understood and agreed by the CONSULTANT 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 CONSULTANT in connection with this Agreement. 2'1.'12 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 CONSULTANT. 22. INDEMNITY. CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONSULTANT, CONSULTANT'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 as limited by California Civil Code section 2782 or CITY's sole active negligence or willful misconduct. 23. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 24. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is: o Gene Bogart, Water Resources Manager o CITY OF BAKERSFIELD o 1000 Buena Vista Road o Bakersfield, California 93311 o Telephone (661) 326-3715 CONSULTANT's primary contract manager shall be: o Thomas M. Stetson o Consulting Engineer o p. O. Box 1257 o San Juan Capistrano, CA 92693 ° Telephone (949) 347-1342 24.'1 The Contract Administrator and the Consultant shall be the primary contact persons for CITY and CONSULTANT. It is expressly understood that only the City CONSULTANT'S AGREEMENT S:~0OOCONTRACTS\StetsonAgmt.wpd -- Page 6 of 8 Pages -- Council or City Water Board may approve modifications to the contract, which modifications must be in writing. 25. ACCOUNTING RECORDS. CONSULTANT 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 CONSULTANT'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. 26. TAX NUMBERS. CONSULTANT's Federal Tax ID Number 94-2452155 CONSULTANT is a corporation? Yes X No (Please check one) 27. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "CONSULTANT" CITY OF BAKERSFIELD STETSON ENGINEERS, INC. By: By: BOB PRICE Mayor Title: CITY WATER BOARD By: MARK C. SALVAGGIO, Chair MORE SIGNATURES ON FOLLOWING PAGE CONSULTANT'S AGREEMENT S:~000CONTRACTS\StetsonAgmt.wpd -- Page 7 of 8 Pages -- APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: GENE BOGART Water Resources Manager COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director Attachment: Exhibit "A" S:t.2000CONTRACTS\StetsonAgmt CONSULTANT'S AGREEMENT S:~2000CONTRACTS\StetsonAgmt.wpd -- Page 8 of 8 Pages -- AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and DODD INVESTIGATIONS, INC. ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of security; and WHEREAS, the CITY does not have expertise currently on staff to conduct security; and WHEREAS, CITY desires to employ CONTRACTOR to provide security on certain City property, as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: CONTRACTOR agrees to provide or cause to be provided, during the term of this Agreement, the following guard services: a. CONTRACTOR shall provide guard services in accordance with the CITY's instructions provided by the Manager of the Water Resources Department 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 ordinance, 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:~.2000CONTRACTS\DoddAgmt.wpd Page 1 of 8 c. CITY may furnish supplemental specific instructions or duties as a particular guard post, station, or area may require. If by said supplemental instructions or duties the CITY requires an increase in the number of guards, the number of days of protection or the number of hours per day, then and in that event, CITY agrees to pay to CONTRACTOR additional charges as may be necessary to compensate CONTRACTOR for the increase in number of guards or the amount of guard time provided at CONTRACTOR's prevailing rates. Normal patrol duties include security in the City's 2800 Acres as per attached map (Exhibit "A"). The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total annual payment of Fifty Thousand Dollars ($ 50,000.00). The compensation set forth in this section shall be the total annual 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. Annual compensation shall not exceed fifty thousand dollars ($50,000.00) without approval of City of Bakersfield Water Board. 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. CONTRACTOR shall be paid for services performed under this Agreement as follows: Services shall be provided at the rate of $25.24 per hour. CONTRACTOR will submit invoices on or before the fifth (5th) day of the month for all services rendered the previous month. CITY will make payments within thirty (30) days after receipt of said invoices. Except as set forth in paragraph 4, "Alterations and Extras" the rate of compensation shall be adjusted yearly, at the anniversary date of this Agreement, upward or downward. The base for computing the adjustment is the Wholesale Price Index (WPI) for all commodities as published by the U. S. Department of Labor's Bureau of Labor Statistics. The base figure for the index date is 1982. The index for the adjustment date shall be computed as a percentage of the base figure. If the described index is no longer published, another generally recognized as authoritative shall be substituted by Agreement of the parties. The WPI used shall be the final index figure for the month of May, and no preliminary figures shall be used. In no event shall the minimum compensation be reduced below $25.24 per hour. INDEPENDENT CONTRACTOR'S AGREEMENT S:~000CONTRACTS\DoddAgmt.wpd Page 2 of 8 This Agreement shall continue in full force and effect for a period of one (1) year from the effective date and shall automatically renew for additional terms of one (1) year on the anniversary date of this Agreement, unless either party notifies the other in writing of its intention to terminate this Agreement, as set forth herein. 4. ALTERATIONS AND EXTRAS. CITY reserves the right to make any changes, additions, or deletions in the original specifications and instructions with correspondingly mutually agreed adjustments in rates. All changes are to be made in writing and accepted by both parties before proceeding with any work. Alterations shall not invalidate the contract, bond, or the original specifications and instructions to which they refer. No charges for extras will be allowed unless ordered by the Manager of the Water Resources Department of the City of Bakersfield and confirmed in writing. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against 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. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a competent practitioner of the profession in California. 8. 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 writing approved by the City Council and signed by all the parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of CONTRACTOR under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. 11. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, INDEPENDENT CONTRACTOR'S AGREEMENT S:~2000CO NTRACTS\DoddAg mt,wpd Page 3 of 8 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. 12. IND£P£NDENT 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. 15. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 14. E U__~_~_U__~_MENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 15. 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: 15.1 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: 15.1.1 Provide coverage for owned, non-owned and hired autos. 15.1.2 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 15.2 Broad form commercial general 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: 14.2.1 Provide contractual liability coverage for the terms of this Agreement. 14.2.2 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2000CONTRACTS\DoddAgmt.wpd Page 4 of 8 14.3 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 endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 15.4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 15.5 Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 15.6 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. 15.7 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. 15.8 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. 15.9 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. 15.10 It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 15.11 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2000CONTRACTS\DoddAgmt.wpd Page 5 of 8 16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except as limited by California Civil Code section 2782 or CITY's sole active negligence or willful misconduct. 17. 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. 18. 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, California 9331'1 CONTRACTOR: GERALD DODD DODD INVESTIGATIONS, INC. 2328 Quincy Drive Bakersfield, CA 93306 '19. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 20. 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. 2'1. 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. 22. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and INDEPENDENT CONTRACTOR'S AGREEMENT S:~2000CONTRACTS\DoddAgmt.wpd Page 6 of 8 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. 23. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 24. 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. 25. CORPORATE AUTHORITY.. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 26, TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95-3714195 CONTRACTOR is a corporation? Yes X No (Please check one.) 27. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 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 DODD INVESTIGATIONS, INC. By: By: BOB PRICE Mayor Title: MORE SIGNATURE ON FOLLOWING PAGE INDEPENDENT CONTRACTOR'S AGREEMENT S:\2000CONTRACTS\DoddAgmt.wpd Page 7 of 8 APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: GENE BOGART Water Resources Manager COUNTERSIGNED: By; GREGORY J. KLIMKO Finance Director ATTACHMENT: EXHIBIT "A" INDEPENDENT CONTRACTOR'S AGREEMENT S:~,2000CONTRACTS\DoddAgmt.wpd Page 8 of 8 : . ..... ..~. ,,-, ......- .... , ;~ -- .... -~ .,-, ~',.c:7-,':: ....... - ...... . ...... ~ ....... , , :..: ..... . ,,; ~ .. , ............ '"-. ~ '"'; ? ~ .-:~'"".' ~ .': ~".:~'~ ........ :'~"¢-~" ~ -~ ~-<2~""~-~;'' .....e----t ..... ' '" ;' ' ' ~ ' . : "'~' ' .... ." .'. ' ' ( Z./.:::'.:,' . , ..... ~ .' .... o ~ , --~:.~ , .~% ¢ ~. ................ % ...... ~ · ~-- ~ ..... , , . / / ~ C0 . ~ ~ e ~ ~ - ~ , - ~, '~ ' ~ ~. ~ '-~ ' ~:~-~T~E~ ' ' ;N ~ RIVER ' CANAL ff ' - ...... ' ~'~'TQ~ ' "',, ~ ~ /' ~ "'~ .:7~ -~ ~'~ .... ..'~>"~,:~?~-/ ~;?..'::-; .. ~ --- ..... ~e~Z'"'~z~"Tc'~: -->, ~32'-': / '-~;~¥,~.-~: ...... /: .... ¢ , ., :... .,. .¢ -,-% .... -~ ¢ ........... . ........ -~% . : -- ,,~, ,,~. ...... N,,, - . .. ~ , ~. '//'~.1:: :? ' .: ..':.'.,~ L'> ":' 7'~,'. ..... "'"-.:,. 3:,',....,,:3~:%~;:'.~ . '..t::.t.:'~:o~ ,. -.-:: ".,.: a~: & ~ .,, - -~ , o . _,.:...... BOUNDARY OF RESTRICTED AREA CiTY OF BAKERSFIELD FREEWAY I-5 TO COFFEE ROAD ~ CITY OF BAKERSFIELD OWNERSHIP OFF ROAD VEHICLE RESTRICTED AREA SCALE: 1"= 2000' DATE AGRICULTURAL WATER ENTERPRISE 2000 WATER PRICE AND SAND SALE SCHEDULE The following recommended water prices reflect the current water supply conditions occurring throughout the San Joaquin Valley. Of the eight (8) water price categories shown below, items 1,2 and 3 are established by existing contracts. The water rates for items 4 through 6 are dependent upon local water supply. These water rates would remain in effect until conditions warranted changes or adjustments to these prices. For information and reference, the 1998 and 1999 schedule for surface water rates are shown for comparison (price per acre-foot). Actual 1998 Actual 1999 Effective Year 2000 (240% of Normal 53% of Normal (75% of Normal Type of Water Water Year). Water Year) Water Yearl 1) Basic Contract Water .......... $20.00 $20.00 $20.00 2) City "Borrow/Payback" Contract Water ..................... $21.95 $20.57 $21.42 3) Miscellaneous Kern River Water sold for Domestic use .......... $32.00 $55.00 $57.26 *4) Miscellaneous Kern River Water sold for surface irrigation ................................. $22.00 $22.00 $22.00 *5) Miscellaneous Water that would otherwise be used for groundwater banking ..... $11.99 $11.77 $12.26 *6) City non-Kern River Water sales (oilfield discharge, etc.) ......................................... $17.60 $17.60 $17.60 7) 2800 Acre "banked" groundwater sold for surface irrigation ................... $52.00 $52.00 $55.00 8) Kern River Canal & Irrigating Co .......................... $19.15 $19.15 $19.15 * To encourage maximum use within the Kern River groundwater basin, water prices in categories numbered 4, 5 and 6 are reduced 50% during periods of mandatory flood control release and/or encroachment into the flood control storage space at Isabella Reservoir. For annual and/or temporary pumping agreements from canal and river facilities, and for sand sales from City-owned river channel properties, the following rates would remain in effect until conditions warranted changes: ITEM PRICE 1) Temporary Pumping Agreements ......................................... $ 50.00 per day 2) Annual Pumping Agreements 5 Track units or less ......................................................... $400.00 (minimum charge) 6 Truck units or more ....................................................... $600.00 (or greater proportionately, depending upon volume) 3) Sand Removal Sales .......................................................... $ 0.50 per cubic yard (plus sales tax when applicable) DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION AGREEMENTS Water Board Meeting - City of Bakersfield Wednesday, March 8, 2000 TRACT or ORIGINAL REFUND 2.5 OWNER PARCEL MAP COST OF COST Castle & Cooke California, Inc. Tract 5426, $89,140.00 $ 2,228.50 Phases A,B,C,D&G Castle & Cooke California, Inc. Tract 5292 34,566.00 864.15 Castle & Cooke California, Inc. Tract 5426, 36,829.00 920.73 Phase F Castle & Cooke California, Inc. Buena Vista Rd, 88,124.00 2,203.10 White Ln to Stockdale Hwy Castle & Cooke California, Inc. Tract 5848, 62,267.00 1,556.68 Phases A,B&C Castle & Cooke California, Inc. Tract 5429, 153,879.00 3,846.98 Phases A-F Castle & Cooke California, Inc. Tract 5848, 16,510.00 412.75 Phase D Castle & Cooke California, Inc. Tract 5827, 54~368.00 1 ~359.20 Phases A,B&C TOTAL ................ $535,683.00 $13,392.09 C&CMLEAgmtList MAINLINE EXTENSION REFUND ASSIGNMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT -DOMESTIC WATER The undersigned hereby assigns to HELEN E. PEOPLES, TRUSTEE THE PEOPLES FAMILY TRUST DATED 8/18/86 2947 Westgate Avenue, San Jose, CA 95125 all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield Dated: 1984 Completion date: For: Water facilities- BK 84-03 W.B.; Tract 4612 Amount of deposit: $73,880.05 Balance in deposit: $46,175.0 5 Number of services: N/A Number of hydrants: N/A Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 '/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 owners 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. ASSIGNOR: ROSE FAMILY TRUST OF 3/21/86 By: \l\ ,,-~-.'~,-¢-.,~ ~3~'-[..--~, ~._~-"~-c Dated: September 10, 1999 NORMAN R. ROSE, TRUST~EE Accepted: CITY OF BAKERSFIELD By:~~__~ ~---'~ Dated ~, ~ [~ Director of Water Resources ~" MAINLINE EXTENSION REFUND ; ASSIGNMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to George F. and Harriet J. McKenney Family Trust Dated 03/11/91 8205 East Via Del Sol Scottsdale, AZ 85255 all of its right, title and interest in and to the following described Water Extension Agreement: With: CITY OF BAKERSFIELD Dated: October 31, 1979 Completion date: For: Water facilities - 80-12 W.B.; Tract 4140 Amount of deposit: $61,368.43 Balance of deposit: $22,285.51 Number of services: Number of hydrants: Refund basis: The exclusive right to receive from the City of Bakersfield 22 percent of the revenues derived therefrom in compliance with Section B(2) of the Main Extension Rule, which is within the general provisions and definitions of said rulcs. 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: Dean Witter Reynolds Custodian F.O.B. City of Bakersfield George F. McKenney I.R.A. Rollover Account Water Resources Director Dated: ~:~t/xJ,.m.o-~ 2~ 2,000 Dated: ,~ -,/~/.~'- ~'~¢57 ~' ITEM 7).F. RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS TO CALFED FOR PILOT PROJECT GRANTS and DESIGNATION OF REPRESENTATIVE TO SIGN APPLICATIONS. (Staff will have Resolution available at the meeting) SCHEDULED MEETINGS JANUARY 2000 THROUGH DECEMBER 2000 BAKERSFIELD CIT~ COUNCIL ~ REGULAR MEETING (7:00 PM) ~ BUDGET HEARINGS & DEPARTMENT PRESENTATIONS WORKSHOP-CLOSED SESSION (5:15 PM) HEARINGS, ~ AGENDA MEETING MONDAY'S BEGIN AT NOON · ~ WEDNESDAYS AT 5:15 PM ~ HOLIDAYS- City Hall Closed ~ DEPARTMENT HEAD MEETINGS ~ Water Board Meeting(proposed) ~ PAYDAYS JANUARY FEBRUARY MARCH S M T W TH F S S M T W TH F S S M T W TH F S 7 ~;~ 2 2 ~ 4 1 3 ~[~ 5 1 ~ 9 10 11 2 3~ 5 6~ 8 6 10 11 12 5 6 9 13 14 15 13 17~;~:1~. 19 12 13 16 "~!~!i' ,~ 18 16 19 20 22 20 24 25 26 19 20 23 24 25 23"~~'~ 27 28 29 27 28 29 26 27 30~i'3~,~,,~,,~ 30 31 APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S 1 1 3 4 5 6 ~, ~ 2 3 5 6 7 8 7 8 11 13 4 5 8 ,~9~ 10 ~'~ 15 14 18 19 20 11 12 15 16 17 16 17 19 20 21 22 21 25~,~p~ 27 18 19 22~23~ 24' 23 24 27 ~ 30 JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S ~J ~! 2 ~? '~ 12 3 7 8 9 2 3 6 ~i 8 6 7 9 10 13 14 15 13 14 17 19 10 14~ 16 16 17 20~!~ 22 20 21 24 25 26 17 18 ; 21 22 23 23 24 25 26 27 28 29 27 28 31 24 28 30 31 OCTOBER NOVEMBER DECEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 ' 4 5 6 7 1 2 3 4 1 2 8 9 12~ 14 5 6 11 3 4 7 ~'. ~. 9 22 23 26~ 28 19 20 25 17 18 19 20 21 31 ITEM 10). CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) NORTH KERN WATER STORAGE DISTRICT vs KERN DELTA WATER DISTRICT, et al., TULARE COUNTY SUPERIOR COURT CASE N° 96-172919.