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Home My WebLink About04/21/04City of Bakersfield Water Board Meeting of April 21. 2004 Water Resources File Packet B A K E R S F I E L D WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Harold Hanson CITY OF BAKERSFIELD WATER BOARD - REGULAR MEETING Wednesday, April 21, 2004 - 4:30 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the February 18, 2004 meeting for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT A. Encroachment Permit for Kern Health Systems located at 9700 Stockdale Highway- For Board Information 6. REPORTS A. Kern River Operations Report 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information WATER BOARD AGENDA PAGE 2 APRIL 21, 2004 8. NEW BUSINESS A. City of Bakersfield Agricultural Water Price and Sand Sale Schedule - For Board Review and Action B. Independent Contractor's Agreement with Herbert Dodd Investigations & Patrol - For Board Review and Action 9. MISCELLANEOUS 10. WATER BOARD STATEMENTS 11. CLOSED SESSION A. None 12. ADJOURNMENT ~__.~ ~, ~~ Florn Core Water Resources Manager POSTED: April 16~2004 S:\WB MINUTES 2004\WBAGENDAApr2104.doc Water Board Meeting April 21, 2004 3. MINUTES A. Minutes of the February 18, 2004 meeting for approval - For Board Review and Action MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, February 18, 2004 - 4:30 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1. CALL MEETING TO ORDER The meeting was called to order by Chairman Salvaggio at 4:30 p.m. 2. ROLL CALL Present: Chairman Salvaggio, Members Couch, Hanson Absent: None 3. MINUTES A. Minutes of the December 22, 2003 Special Meeting for approval. Motion by Salvaggio to approve the minutes. APPROVED. 4. PUBLIC STATEMENTS None. 5. KERN RIVER LEVEE DISTRICT A. No Report 6. REPORTS A. Kern River Operations Report Steve Lafond, Hydrographic Supervisor gave a brief update. 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield. Florn Core, Water Resources Manager, gave a brief update, stating we have been working with the Kern County Water Agency to bring surface water to northwest Bakersfield. We are currently evaluating an engineer's feasibility report looking at three other alternatives. Vice. Chair Couch requested staff provide a memorandum summarizing this project. Bakersfield, California, February 18, 2004- Page 2 7. OLD BUSINESS B. Kern River Bike Path Reconstruction and Parkway Signage Dedication. Florn Core, Water Resources Manager, stated a dedication ceremony for the reconstruction and widening of the bike path will be held on April 16, 2004. 8. NEW BUSINESS A. Ditch Eradication Agreement and Pipeline Easement Agreement with Dale G. Scales and Jan R. Scales for Tentative Tract 6175. Motion by Couch to approve and recommend agreement to the City Council. APPROVED. B. City of Bakersfield Domestic Water Division 2004-05 Rate Schedule. Florn Core, Water Resources Manager, stated a preliminary rate schedule is included in the packet. A protest hearing regarding the proposed rate increase is scheduled for the May 26, 2004 City Council meeting. 9. MISCELLANEOUS None. 10. WATER BOARD STATEMENTS Hanson left the meeting at 4:48 p.m. Salvaggio referred to a call to Florn Core, Water Resources Manager, regarding trees and requested a written update. Salvaggio requested staff mall four more Kern River Purchase books to Harold Bergen. Couch asked staff what are the reasons for the rate increase. Florn Core responded, new water supply with Kern Delta, homeland security act provisions and water quality issues. 11. CLOSED SESSION A. None 12. ADJOURNMENT Motion by Salvaggio to adjourn the meeting at 4:54 p.m. Mark Salvaggio -Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting April 21, 2004 5. KERN RIVER LEVEE DISTRICT A. Encroachment Permit for Kern Health Systems located at 9700 Stockdale Highway- For Board Information Levee Encroachment Location behind Building at 9700 Stockdale Highway Covered Parking behind Building at 9700 Stockdale Highway (Kern Health Systems) Parking Structure Kern River Levee (Bikepath) looking west. The entire Parking structure is within the City access easement. The center line of the bikepath is about the center of the levee. ~ il,~~,~/". /'- ~- II II II I1 Looking south at parking structure. The center line of the bikepath is about 50 feet from the closest support post of parking cover. The support posts are approximately 10 feet apart and the overhang on each side is close to 5 feet. Water Board Meeting April 21,2004 6. REPORTS A. Kern River Operations Report KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2003 . 2004 WATER YEAR 3000 :r 600,000 2750 12608.25 Ft.) ............................................................. ~ .......................................................................................................................... -I- 550,000 2500 ...................................... I(26o3.91 Ft.) .................................................................................................................................................... -~ 5oo,ooo ........................................................................................................................................................................................... ~- 450,000 ', ' 2250 ~(2599 38 Ft.)~, i 2000 ............................................... Normal ~(2594.62 Ft.)~ .............................................................................. Isabella Storage ....................................................... ]:400,000 175o ............................................. / j7589.6o Ft.)~. .......................... ....................................... 350,000 1500 ............ ' J_(2584.27 Ft.) O Natural Flow --_~_ ' i ~ ................................. ~300,000 1250 -'-. ,, ' ~ '~ ~(2578.53 Ft.)~.. /, - . 50,000 1000 (2572.24 Et ) ' ' ,-'~' !- Isabella Storage 2556.~ Ft.) - ' ........................ 100,000 _ 2~6.63 Ft.) ~2531.65 Ft.) 0 O~-03 Nov-03 Dec-03 Jan-04 Feb-04 Mar-04 Apr~ May-04 Jun-04 Jul-~ Aug-04 Sep-04 0 ~-1~ ISABELLA RESERVOIR DAILY OPERATIONS REPORT (All readings are for date of report (THURSDAY) as of 0001, except as noted.., cfs in italics) Date of Report: April 15, 2004 ISABELLA RESERVOIR 1 2565.20 Lake Elevation (ft.) 200117 Storage (AcFt) -66 Change (AcFt) 1136 Inflow to Isabella (cfs) 2 568075 Storage Capacity 35% % of Capacity 198374 Normal Storage 101% % of Normal Storage For this Date 3 6620 Average Lake Area (Acres) 33090 Inflow (Month AcFt) 23463 Outflow (Month AcFt) 4 1088 North Fork Mean 1051 North Fork @ 0600 Hours 187937 Accumulative Inflow (2004 Water Year) 5 1119 Mean Outflow 433 Borel Canal 686 Main Dam Outlet 149221 Accum. Outflow (VVY) 6 1119 Outflow @ 0600 433 Borel Canal @ 0600 Hours 686 Main Dam Outlet @ 0600 Hours Hours 7 50 Lake Evap. (cfs) 0.27 Inches Evap. for24 Hours 1432 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours 150 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 7.52 Seasonal Precip. Isabella 8.87 Normal for 85% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.60 Inches of Precipitation at Pascoe for Month 12 27.20 Seasonal Precip. Pascoe 31.56 Normal for 86% Pascoe Precip. this Date % of Normal 13 18.2 Upper Tyndall Creek 17.7 Pascoe 11.4 Wet Meadow 14 65 Isabella Maximum Temperature 0.35 Isabella Max. Precip. on Record For this Date 1963 Year of Occurrence 15 46 Isabella Minimum Temperature 144 24 HourWind Movement (Miles) NATURAL RIVER FLOW 16 1151 Natural Flow (cfs) 33557 Natural Flow (Month to Date) 118323 2004 Jan-Mar Runoff 17 1630 Mean Flow 71% Natural Flow 1177 Median Flow 98% Natural Flow For this Date in % of Mean For this Date in % of Median 18 7317 Max. on Record 320 Min. on Record 193941 Accum. Natural Flow (Water Year) 19 1916 Year of Occurrence 1931 Year of Occurrence 20 1120 First Point Flow 23930 First Point (Month to Date) 155254 Accum. First Point (Water Year) ~ERN RIVER FACTS & FIGURES: ~ · B A K E R S F I E ~ Due to the typical spring temperature patterns and snowpack distribution in the southern Sierra Nevada's, it is highly unusual for the month of April to produce the majority of spring snowmelt runoff on Kern River. Produced by City of Bakersfield In fact, since 1894, the month of April has contributed the greatest amount of April through July runoff Water Resources in only three years: 1916 @ 481,749 acre-feet, 1959 @ 40,566 acre-feet and 1989 @ 91, 380 acre-feet. (661) 326-3715 KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX April 15, 2004 40.0 I1997-1998 l: ', ' 12420/0 A-J ~ ', 35.0 ...................... ~ ................................... ' 30.0 Average 1100% of April I Average , 2003.2004I 20.0 ' 200'1-2002 ' 460/0 A-J 1999-2000 65% A-J 15.0 , ' 20(~2-2003 ' ' 70% A-J ' 10.0 ' 1998-1999 ,, 2000-2001 54% A-J ', 53% A-J 5.0 ' ' 0.0 November December .January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT B120 (04/08/04 1007) Department of Water Resources California Cooperative Snow Surveys Apr 1, 2004 FORECAST OF UNIMPAIRED RUNOFF (in thousands of acre-feet) April-July Forecast April Percent 80% thru of Probability July Average Range ................................................................................ NORTH COAST .Trinity River at Lewiston Lake 700 106% Scott River near Fort Jones 180 90% SACRAMENTO RIVER Sacramento River above Shasta Lake 300 100% McCloud River above Shasta Lake 410 103% Pit River above Shasta Lake 980 90% Total inflow to Shasta Lake 1740 94% 1380 - 2380 Sacramento River above Bend Bridge 2380 94% 1860 - 3300 Feather River at Oroville 1530 82% 1190 - 2230 Yuba River at Smartville 830 79% 660 - 1200 American River below Folsom Lake 940 73% 730 - 1420 SAN JOAQUIN RIVER Cosumnes River at Michigan Bar 71 55% 45 - 145 Mokelumne River inflow to Pardee 350 75% 280 - 480 Stanislaus River below Goodwin Res. 530 74% 430 - 740 Tuolumne River below La Grange 940 76% 790 - 1220 Merced River below Merced Falls 450 71% 380 - 640 San Joaquin River inflow to Millerton Lk 880 70% 710 - 1150 TULARE LAKE Kings River below Pine Flat Res. 850 69% 690 - 1080 Kaweah River below Terminus Res. 180 62% 145 - 255 Tule River below Lake Success 29 45% 23 - 54 Kern River inflow to Lake Isabella 260 55% 195 - 370 NORTH LAHONTAN Truckee River,Tahoe to Farad accretions 185 68% Lake Tahoe Rise, in feet 0.9 63% West Carson River at Woodfords 40 72% East Carson River near Gardnerville 135 71% West Walker River below Little Walker 115 75% East Walker River near Bridgeport 45 69% Water-Year Forecast and Monthly Distribution Oct Aug Water 80% thru Feb Mar Apr May Jun Jul & Year Probability Jan Sep Range Inflow to Shasta 1810 1370 780 710 510 300 220 425 6125 5680 - 6840 Sacramento, Bend 2940 2305 1330 970 700 415 295 545 9500 8890 - 10550 Feather, Oroville 890 730 780 620 540 250 120 190 4120 3730 - 4890 Yuba, Smartville 380 315 325 350 305 145 30 35 1885 1700 - 2310 American, Folsom 300 270 390 365 355 180 40 25 1925 1710 - 2430 Cosumnes, Mich. Bar 38 47 52 35 24 9 3 2 210 180 - 280 Mokelumne, Pardee 60 45 105 110 155 75 10 5 565 490 - 700 Stanislaus, Gdw. 100 75 165 165 220 120 25 15 885 790 - 1130 Tuolumne, LaGrange 170 110 260 245 370 270 55 20 1500 1350 - 1830 Merced, McClure 65 60 120 125 195 105 25 15 710 630 - 920 San Joaquin, Mil. 115 70 190 210 350 240 80 50 1305 1120 - 1600 Kings, Pine Flat 100 55 170 190 345 240 75 40 1215 1040 - 1470 Kaweah, Terminus 34 18 48 50 75 45 10 10 290 250 - 370 Tule, Success 15 9 15 14 10 3 2 2 70 60 - 100 Kern, Isabella 60 25 70 60 90 80 30 30 445 370 - 570 Notes: 50 year averages are based on years 1951 to 2000. Unimpaired runoff represents the natural water production of a river basin, unaltered by upsteam diversions, storage, or by export or import of water to or from other watersheds. Forecasted runoff assumes median conditions subsequent to the date of forecast. Runoff probability ranges are statistically derived from historical data. The 80% probability range is comprised of the 90% exceedence level value and the 10% exceedence level value. The actual runoff should fall within the stated limits eight times out of ten. Water Board Meeting April 21, 2004 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information Verbal Report by Florn Core, Water Resources Manager . · I '. ! Water Board Meeting April 21, 2004 8. NEW BUSINESS A. ReviewCity of Bakersfieldand Action Agricultural Water Price and Sand Sale Schedule _ For Board AGRICULTURAL WATER ENTERPRISE 2004 WATER PRICE AND SAND SALE SCHEDULE The following recommended water prices reflect the current below normal 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 2002 and 2003 schedule for surface water rates are shown for comparison (price per acre-foot). Actual 2002 Actual 2003 Effective May 1, 2004 (46% of Normal (70% of Normal (55 % of Normal Type of Water Water Year) Water Year) Water Year) 1 ) Basic Contract Water .......... $20.00 $20.00 $20.00 2) City "Borrow/Payback" Contract Water ..................... $21.45 $22.62 $23.87 3) City Kern River Water sold for Domestic use .......... $57.37 $60.59 $63.86 *4) Miscellaneous Kern River Water sold for surface irrigation ................................. $26.00 $26.00 $28.00 '5) Miscellaneous Water that would otherwise be used for groundwater banking ..... $ ! 2.28 $12.95 $13.66 *6) City non-Kern River Water sales (oilfield discharge, etc. ) ......................................... $20.80 $20.80 $22.40 7) 2800 Acre "banked" groundwater sold for irrigation or recreational uses .......... $72.00 $75.00 $75.00 8) Kern River Canal & Irrigating Co .......................... $19.15 $19.15 $21.66 * 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 Track 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) C~'TY OF .,~/~. ~ ~ WATER RESOURCES DEPARTMENT ' '~ FLORN CORE, Water Resources Manager STEVE LAFOND, Forecasting and Records 326-3007 MAURICE RANDALL, Business Manager 326-3704 MARK LAMBERT, Water Resources Engineer 326-3622 STEVE CHOATE, Domestic Water Engineer 326-3009 ' ~. KERN RIVER DISPATCHER 326-3716 March 17, 2004 Dear Customer: The Kern River Canal & Irrigating Company laterals has adhered to the $19.15 per acre- foot price for irrigation water since June of 1994. We have experienced significant increases in the cost of labor, vehicles and structure replacement since the last irrigation water price was established. These cost increases coupled with the 2004 forecast for a below normal snow pack runoff for the Kern River have forced a modest revision in our price schedule. Starting May 1, 2004, the price for irrigation water for 2004 is set at $21.66 per acre-foot. Please contact the Department of Water if you have changes in land ownership or other corrections to your present application on file. If you have any questions regarding this letter or the 2004 water season, please don't hesitate to call our office at 326-3715. Water Resources Manager 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 Water Board Meeting April 21, 2004 8. NEW BUSINESS B. Independent Contractor's Agreement with Herbert Dodd Investigations & Patrol - For Board Review and Action WATER BOARD AGREEMENT NO. 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 HERBERT DODD INVESTIGATIONS & PATROL ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of security; and WHEREAS, the CITY does not have expertise currently on staffto conduct security. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: 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 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. INDEPENDENT CONTRACTOR'S AGREEMENT i S:~2004 Contracts\Doddlnvestigationlndependentc°nt'd°c - Updated - October 23, 2003 -- Page 1 of 8 Pages -- 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 of payments not to exceed Fifty Thousand Dollars ($50,000.00) annually which shall be paid as follows: Services shall be provided at the rate of $28.84 per hour. CONTRACTOR will submit invoices on or before the fifth (5th) day of the month for all services rendered the previous month. CITY will make payments within thirty (30) days after receipt of said invoices. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Except as set forth in paragraph 5, "Alterations and Extras" the rate of compensation shall be adjusted yearly upward or downward. The base for computing the adjustment is the Producer Price Index (PPI), 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 PPI used shall be the final index figure for the month of January, and no preliminary figures shall be used. In no event shall the minimum compensation be reduced below $28.84 per hour. 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. 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 dght to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2004 Contracts\Doddlnvestigationlndependentcont.doc - Updated - October 23, 2003 -- Page 2 of 8 Pages -- 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. 8. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees. 9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 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 writing approved by the City Council and signed by all the parties. 11. 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. 12. 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. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate '(Bakersfield Municipal Code Chapter 5.02) where required. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2004 Contracts\Doddlnvestigationlndependentc°nt'd°c - Updated - October 23, 2003 -- Page 3 of 8 Pages -- 14. 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. 15. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 16. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 17. 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: 17.1. 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: 17.1.1. Provide coverage for owned, non-owned and hired autos. 17.2. Broad form commercial general liability insurancc, 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: 17.2.1. Provide contractual liability coverage for the terms of this Agreement. 17.2.2. Provide products and completed operations coverage. 17.2.3. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 17.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. INDEPENDENT CONTRACTOR'S AGREEMENT S:~004 Contracts\Doddlnvestigationlndependentcont. doc - Updated - October 23, 2003 -- Page 4 of 8 Pages -- t7.4. All policies required of the CONTRACTOR shall be pdmary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 17.$. 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. 17.6. 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. 17.7. 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. 17.8. 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. 17.9. 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. 17.10. 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. 17.11. 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:~2004 Contracts\Doddlnvestigationlndependentcont.doc - Updated - October 23, 2003 -- Page 5 of 8 Pages -- 17.12. 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. 18. 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. 19. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 20. 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. 21. NOTICES. All notices relative to this Agreement shall be given in wdting 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: HERBERT H. DODD HERBERT DODD INVESTIGATIONS & PATROL 6301 TUDOR WAY #123 BAKERSFIELD, CA 93306 (661) 871-6732 22. 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:~004 Contracts\Doddlnvestigationlndependentcont.doc - Updated - October 23. 2003 -- Page 6 of 8 Pages -- 23. FURTHER ASSURANCES. Each party shall execute and de~Ner 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 547343342 CONTRACTOR is a corporation? Yes No x (Please check one.) 30. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 31. 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2004 Contracts\Doddlnvestigationlndependentcont.doc - Updated - October 23, 2003 -- 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" "CO~tTRACTOR" CITY OF BAKERSFIELD HERBERT DODD INVESTIGATIONS & PATROL By: By:. HARVEY L. HALL Mayor Type or Pdnt Name: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: FLORN CORE Water Resources Manager COUNTERSIGNED: By:. GREGORY J. KLIMKO Finance Director Attachment: Exhibit INDEPENDENT CONTRACTOR'S AGREEMENT S:~2004 Contracts\Doddlnvestigationlndependentcont.doc - Updated - October 23, 2003 -- Page 8 of 8 Pages --