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Home My WebLink About09/20/17 CC AGENDA PACKETCouncil Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel — Initiation of Litigation; Closed Session pursuant to Government Code section 54956.9(d)(4) (one potential issue). b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (three matters). 5. CLOSED SESSION ACTION 6. ADJOURNMENT W 4MA ,&VjjWL ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 9/7/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel— Initiation of Litigation; Closed Session pursuant to Government Code section 54956.9(d)(4) (one potential issue). STAFF RECOMMENDATION: BACKGROUND: Iaa ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Closed Session 4. b. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 9/7/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (three matters). STAFF RECOMMENDATION: BACKGROUND: Iaa BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 20, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Pastor Tom Touchstone, Executive Pastor of the Valley Bible Fellowship. 3. PLEDGE OF ALLEGIANCE by Taylor Hawkins, Commander of the Air Force JROTC Unit and Senior at Bakersfield High School. 4. PRESENTATIONS a. Presentation of a Proclamation by Mayor Goh to Jennifer Henry, Executive Director of Links for Life, declaring October, 2017, Paint the Town Pink Month in Bakersfield. b. Recognition by the Employee Incentive Team to the recipients of the 2017 Excellence in Action Award, Extra Mile Award, and the Shining Team Achievement Recognition Award for their outstanding services. 5. PUBLIC STATEMENTS a. Written material submitted during the Public Statements portion of the meeting. 6. WORKSHOPS a. Open Budget Demonstration. 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the September 6, 2017, Regular Council Meetings. Payments: 09120117 CC AGENDA PACKET PG 4 b. Receive and file department payments from August 25, 2017, to September 7, 2017, in the amount of $29,798,974.14, Self Insurance payments from August 25, 2017, to September 7, 2017, in the amount of $345,798.51, totaling $30,144,772.65. Ordinances: Ward 3 C. Adoption of an ordinance amending Bakersfield Municipal Code Section 1.12.030 by adding Annexation No. 671 consisting of 30,001 square feet located along the south side of Norris Road, generally east of Calloway Drive and Annexation No. 674 consisting of 1.15 acres located along the south side of Rosedale Highway, approximately 500 feet west of Patton Way to Ward 3. (FR 09106117) Resolutions: d. Resolution identifying vendors, healthcare plans and rates for Citywide health insurance plans for eligible active and retired employees for the 2018 plan year. e. Resolution authorizing the City to apply for the Edward Byrne Memorial Justice Assistance Grant ($136,611) from the U.S. Department of Justice. f. Resolution determining that Autoscope Rack Vision Terra Video Detection Systems cannot be obtained through the usual bidding procedures because of the need to integrate said systems into existing traffic signal infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $205,000 for Fiscal Year 2017-18. 9. Resolution determining that certain Pierce Manufacturing fire truck parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase Pierce Manufacturing fire truck parts through South Coast Fire Equipment, not to exceed $240,000 over a three-year term. Ward 6 h. Resolution determining that MUSCO Sports Lights can most efficiently be obtained through cooperative procurement bidding procedures from MUSCO and authorizing the Finance Director to dispense with bidding thereof, not to exceed $550,000. 2017 transportation funding package: 1. Resolution amending the Fiscal Year 2017-18 Capital Improvement Program budget and appropriating additional Capital Improvement Program projects to be funded with Senate Bill 1, The Road Repair and Accountability Act, and authorizing the Public Works Director to submit said list to the California W1 Iaa Transportation Commission. 2. Appropriate $2,100,000 of Senate Bill 1 estimated revenue to the Public Works Department's Capital Improvement Program budget within the RMRA Fund and transfer $643,978 of funding currently appropriated for the Street Resurfacing Capital Improvement Program budget within the Gas Tax Fund to fund the road maintenance and rehabilitation projects identified in Exhibit A to the resolution. 3. Appropriate $433,774 loan repayment from the State to the Public Works Department's Capital Improvement Program budget within the Gas Tax Fund and transfer $166,226 of funding currently appropriated for the Street Resurfacing Capital Improvement Program budget within the Gas Tax to fund the reconstruction of Monitor Street from Fairview Road to White Lane. 4. Transfer $738,978 of Capital Outlay funds currently budgeted as the local match requirement for Federal Resurfacing Projects to fund the following projects: • Citywide Tree Replacement ($560,000) • RabobankArena Radio Upgrade ($75,000) • Soundwall Landscaping Improvements - Hosking Avenue Area ($60,000) • Hosking Interchange Bridge Improvements ($43,978) Ward(s) 1, 3, 5, 7 j. Resolutions of intention (ROls) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Reports: 1. ROI No. 1932 adding Area 3-103 (Tract 7304/NE of Berkshire Road and Old River Road) — Ward 5 2. ROI No. 1934 adding Area 4-170 (5900 Comanche Drive) — Ward 3 3. ROI No. 1935 adding Area 4-171 (301-313 Dr. Martin Luther King Jr. Boulevard) — Ward 1 4. ROI No. 1936 adding Area 5-86 (4500 Hughes Lane) — Ward 7 Agreements: Ward 2 k. Agreement with COMMLI NE Inc. ($75,000) for the installation of a two-way radio system at Rabobank Arena, Theater, and Convention Center. I. City physician services agreements: Agreement with Central Valley Occupational Medical Group, Inc. (not to exceed $100,000 annually; three year W ,&VffJWEqMA Ward 2, 3, 4, 5, 6, 7 m Ward 1, 6 term). 2. Agreement with Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine (not to exceed $100,000 annually; three year term). Professional engineering services agreement for the 1,2,3 - Trichloro propane (TCP) Mitigation Project: 1. Agreement with Meyer Civil Engineering, Inc., for professional engineering services for the TCP Mitigation Project (not to exceed $275,000). 2. Appropriate $275,000 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. n. Amendment No. 2 to Agreement No. 13-165 with Bakersfield Society for the Prevention of Cruelty to Animals for the management of the City's Animal Care Center. 0. Amendment No. 4 to Agreement No. 14-272 with Equarius Waterworks, Meter & Automation Group ($100,000; revised not to exceed $816,229.29 and extend term one year) for the continued supply of water meters. P. Amendment No. 1 to Agreement No. 15-219 with BC Laboratories ($50,000; revised not to exceed $200,000 and to extend term one year) to provide laboratory services for the Public Works Department, Wastewater Division. q. Amendment No. 1 to Agreement No. 16-220 with Tate's Janitorial Service ($51,135; revised not to exceed $98,935 and extend term one year) for the continued supply of janitorial service at the Amtrak Station. Ward(s) 2, 3, 4, 5, 6, 7 r. Design/build agreement for the 1,2,3 - Trichloro propane (TCP) Mitigation Project: Ward 2 1. Amendment No. 2 to Agreement No. 17-084 ($1,000,000; revised not to exceed $2,839,662) for design and construction costs associated with the TCP Mitigation Project. 2. Appropriate $1,000,000 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Water Fund. S. Contract Change Order Nos. 3, 4, 5, 6, and 7 to Agreement No. 17-044 with Security Paving Company ($134,049.80; revised not to exceed $41,293,271.90; change orders funded 80 percent with Federal Earmark funds and 20 percent with Capital Outlay Utility/Roads funds) for the Kern River Bridge Improvement Project. (TRIP) Property Acquisition Agreements -TRIP: Iaa Ward 2 t. Contract Change Order No. 1 to Agreement No. 17-067 with Interior Demolition ($19,260; not to exceed $177,622) for demolition of improvements for Phase 20 of the Centennial Corridor Project. N1 M. U. Extend bid from Golden State Peterbilt, Bakersfield, ($1,363,835.56) for four replacement three-axle side-loading refuse trucks for the Public Works Department, Solid Waste Division. V. Extend bid from Golden State Peterbilt, Bakersfield, ($331,329.71) for a replacement four-axle front-loading refuse trucks for the Public Works Department, Solid Waste Division. W. Extend bid from Golden State Peterbilt, Bakersfield, ($356,585.12) for an additional four-axle side-loading refuse truck for the Public Works Department, Solid Waste Division. X Accept bid from Johnson Equipment Company, Perris, California, ($94,378.66) for Code 3@ light bars and accessories. Ward(s) 4, 5, 6, 7 Y. Accept and approve contract with Cal-Stripe Inc. ($79,549.20) for the construction of Remove 11 Program: Bicycle Lane Improvements Project (various locations). Ward(s) 4, 5 Z. Accept bid and approve contract with California Professional Engineering, Inc. ($462,027.50), for the Traffic Signal Interconnect - Part 14 Project on Stockdale Highway from Allen Road to Coffee Road. Miscellaneous: Successor Agency Business: 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS a. First reading of an ordinance adding Sections 17.04.129 and 17.04.154 and amending Section 17.08.050 of the Bakersfield Municipal Code relating to Commercial Cannabis Activity. Staff recommends first reading of the ordinance. WAVArAEqMA 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT WAVArAEqMA ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 7/19/2017 111-11 V 03 SUBJECT: Presentation of a Proclamation by Mayor Goh to Jennifer Henry, Executive Director of Links for Life, declaring October, 2017, Paint the Town Pink Month in Bakersfield. STAFF RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Presentations 4. b. TO: Honorable Mayor and City Council FROM: City Manager's Office DATE: 8/29/2017 111-11 V 03 SUBJECT: Recognition by the Employee Incentive Team to the recipients of the 2017 Excellence in Action Award, Extra Mile Award, and the Shining Team Achievement Recognition Award for their outstanding services. STAFF RECOMMENDATION: BACKGROUND: The Employee Incentive Team is pleased to announce the 17th annual Excellence in Action Awards. The Excellence in Action Awards, Shining Team Achievement Recognition award and Extra Mile Award are components of the Employee Incentive Program. The awards are given to City employees and teams that exemplify characteristics of excellent customer service, leadership by example, willingness to solve problems, and consistently high performance. The Employee Incentive Team is pleased to announce the following recipients of the Excellence in Action Awards: Department Award Recipient(s) Executive Sandra Duncan and Buffie Kaiser Finance Sarah Hunley Fire Matthew Smith and Scott Standridge Police Kelsey Taylor Public Works Connie Huddleston, Georgina Lorenzi, Robert Manuel, Ines Tolentino, and Sergio Zambrano Recreation & Laura Rosales Parks Water KimberlyAleman and Joe Navarro Resources Extra Mile Award This award, selected by the City Manager, recognizes an employee or team that consistently goes above and beyond required job duties. This award shall be given to the Bakersfield Fire Department Swift Water Rescue Team, which includes Codi Adams, William Ballard, Chris Eucce, Paul Hitchcock, David Seibt, and Randall Woodard. Shining Team Achievement Recognition Award This award recognizes teams that consistently work collaboratively to accomplish goals in above- and-beyond ways and recognizes the need for employees to work in support of one another for the overall success of our City. This award shall be given to the Wastewater Maintenance Team, including Tony Bernard Jr., Jaime Mendoza, Andrew O'Brien, Evette Roldan, and David Weatherly. ATTACHMENTS: Description Type D 20,17 BA BirodhUire BackU�p IMateirla. � H 15-4 U 'N V a W Q elV. 'N �•v v � w w o, j ; �) N � O Ov w '�U ctS+ 1-21 �O zt gt It Q E� o ti N o 'y o p Z ;t zt to z x A y w to zt U-) o o p U o •o ov to y y � � U � U � ,N p O � •� � � ,.� U Q 'a ,'��, .�y i'a p- �0 ;. 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W tiz Y zH zt x°z CC AGENDA PACKET PG 14 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 9/25/2017 111-11 V 03 SUBJECT: Written material submitted during the Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Ahsoin Bohannon Type Correspondence 09120117 CC AGENDA PACKET PG 15 m re, Marij"uana and our City 3.9tli� Septernber 2017 Honorable Mayor, and MeMber of the City COUncO, The effect this councH will have on this &y and on a iarge pei centage of its citizens is far to great to not enbrefy edUcate onese6f as well as the pubk of the possiHe effects that an Ordiriance regarding the passage of Proposkion 64 WH have on our city, Positive and negative outcornes must be corn sidered. It is the orfly way an inforrned decislon (2n be made. At rnlnirmrn the t Ry is obHgated to conducl an pnidM review of th Iprroj ect and its environrnental eff ects, Furthermore, U,- e City failed 'to con arc an EIR in the origirral adopflon of ResolUflor No, 252-04 . Years have passed and the effects on the env'Ironrnent are public knowledge. Lets not rnake ariother rnislnforrned decision reSUffing in unfair prejUdice- against OVERVIEW We have carne full c rc e with thl s Ordinance,, Since, the passage of Prop 64, "T'he City wants to add and amended sections of tl"ne Ordinance in order to comply with the new State Law, l egalWng rnarijUana. W1 ,&VjJWEqMA I'll VLEELNIIXQI! CEQA, or the California EnvironmenW Quafity Act, is a statute that requires state aind local agencies to identify the significant environmental irnpacts of their actions and to avoid or mitigate those impacts, if feasible. CEQA applies to certain activities of state and local public agencies. A public agency must comply with C A when it undertakes an activity defined by CEQA as a "project." A proRwt is an activity undertaken by a public agency or a private activity which must receive some discretionary approval (meaning that the agency has the authority to deny the requested permit or, approval) from a government agency which may cause either a direct physical charmge in the environment or a reasonably foreseeable indirect change in the environment, ARGUMENTS (1-6) 1.) Ili e basic right to rnedicine. Prop 215, U-° e Compassionate LJse Act and S13420; A landmark State Supreme Court decision, People vs. Mower, holds that patients have the same right to marijuana as to any legally prescribed drug. As an alternative, SB 420 allows patients to grow together in nonprofit "collectives" or cooperatives. Collectives may scale the SB 420 limits to the number of members, but large gardens are always suspect to law enforcement. e act; and SB420, 2.) Bakersfieids Fiomeless popWabon and merftal health needs. Census: Kern County's homelessness problem gets worse in 2016 (enciosed) BAKERSFIELD, Calif. (KBAK/KBFX) --.- The J K r 4, Hm reports that 1,067 people were found homeless during its annual census, conducted at the end of January. These are people sleeping Outside, in an emergency shelter or in transitional housing, according to the KCFIC. Most of them are in Bakersfield. The very heart of our city has the highest population of homeless individuals. Unsheltered individuals within the city increased by 51% in 2016. They simply will not just go away. Systematically the transient population has been stripped of their possessions, their families, their homes, their dignity and for 69% of them, their mental health. Now it seems as though their ftnidamental right to receive fair access to medicine is being stripped from them as well. H WAVAULSMA QUESTION? How does the City plan on ensuring that our transientlhomeless population receive or even have access to their prescribed medication? If the City chooses to ban all marijuana sale or distribution within the city limits; the homeless population in our metropolitan area do not have vehicles nor funding for public transportation. This would make it a hardship to receive any medication. As it is now, dispensaries are usually within walking distance for many of our homeless. Homelessness is the condition of people without a permanent dwelling, such as a house or apartment. Prop 64 allows the growth of 6 cannabis plants for personal use. Counties and municipalities were empowered to restrict where marijuana businesses could be located. Local governments were also allowed to completely ban the sale of marijuana from their jurisdictions. Moreover, local jurisdictions were allowed by the measure to "reasonably regulate" the personal growth, possession, and use of marijuana plants allowed by Prop. 64. 0% of our homeless population have a home of which they can grow their own medication. Delivery services are here to stay. Prop. 64 would allow licensed retailers and delivery services to bring cannabis to your door. (a valid home address is required). And even though local governments could ban cannabis businesses, the measure says jurisdictions "shall not prevent delivery of marijuana or marijuana products on public roads. ". Once again, our homeless have no home, no address for delivery. No fair access to medication. The homeless have nothing more to give. It is a fundamental right as a person that he /she have fair access to medication. The middle class and wealthy have fair access to their medication. They have options. Providing no option for the poverty stricken population is at the least a violation of an individual's civil rights on a class action level. An (EIR) environmental impact report would address these concerns. 3.) Potential Tax Revenue for our city. Prop 64 Prop 64 devotes $3 million per year to establishing standard protocols. Here's the breakdown of where the revenue will go if the state's marijuana tax makes its $1 billion estimate. $554 million - Youth Drug Education $185 million - Marijuana Safety Programs $185 million - Environmental Restoration $52 million - Administrative Startup Costs $25 million - Community Grants, Local Research and Dui Protocols The City of Bakersfield cannot afford to opt out or ban marijuana on any level. With unemployment rates as high as they are. WAVAULKMA a +► a +► Drug addiction is prevalent in our community. How can we turn our heads at potential tax revenue that will go to help fight addiction. Our schools need programs now. We simply can't afford to wait. 4.) Cultivation - Under prop 64 all californians are allowed to grow 6 cannabis plants for personal use. Tis in fact changes the land use and will require an environmental report under CEQA. By closing dispensaries you will be forcing many californians here in our city to attempt to grow their own medication. This will have to have an effect on the environment. Since indoor grown medication is what is allowed, energy use will be substantially higher in our community, as well;; as, water consumption, use of pesticides, traffic and emissions from delivery drivers, and not to mention crime rates. Home invasions and robberies in our neighborhoods will surely rise. This is the carbon footprint we will be leaving the next generation. A recent study conducted by the university of Southern California and the University of Irvine; published in the Journal of Urban Economics says "Closing Dispensaries may actually causes an increase in crime. The study found that in the areas that dispensaries were closed in, crime increased by 12 %. The findings are similar to those of a previous study in Denver, conducted by Marijuana Policy Project, which found an 8.2% decrease in crime after a dispensary was introduced to the neighborhood. No matter how you look at it, our environment will change with the passing or banning of this Ordinance. An (EIR) is required in this circumstance. See below: 94) 26 Ca1.APP.4th 1307, 1315,fn. 2; City cf Carmel -by- the -Sea v. Board cf Supervisors (1986) 183 CaI.App.3d 229, 246; Christward Ministry v. Superior Court (1986)184 Cal App.3d 180, ego; Environmental Planning & Information Council u. County cfEi Dorado (r982) 131 Ca1.App.3d 350,358; Remy et 211.,Guide to the Cal. Environmental Quality Act (loth ed.1999) p. 165.). In this case, there are at least 26 Associations operating in the City. To exclude the consideration of these Associations on the basis that they are allegedly operating in violation of the City's Zoning Code is an abuse of discretion and not supported by substance. 5.) In the cities own language, they are admitting that environmental impact is significant. Resolution 252 -04, page 1 (2,3) states; (2) There are no permitted uses in any zones similar in type to medical marijuana dispensaries. (3) Even if such similar uses existed due to the negative secondary effects of medical marijuana dispensaries, such businesses are more obnoxious or detrimental to the welfare of the community than any permitted uses. An EIR would prove or disprove the City's position or opinion on the determination that marijuana dispensaries have been on the community because there are now over a loo dispensaries within the city limits some of which have been operational for years. Significantly, the legality of the existing patient associations in the City does not 0 relieve the City of the obligation to include them in the environmental baseline. In Riverwatch v. County of San Diego (1999) 76 Cal.App.4th 1428, 1451, the court held that the proper baseline is the existing condition of the site, even if that condition maybe the result of prior illegal activities. Moreover, it is a fundamentally accepted principle that environmental impacts should be examined in light of the environment as it exists when a project is approved. (Guidelines, § 15125, subd. (a); Bloom v. McGurk to the voters, as required by the California Environmental Quality Act. In that 2013 hearing, the court required the county to come up with a plan to conduct an environmental review. When that plan was presented to the court in 2014, it was found unacceptable, and Judge Twisselman ruled Measure G to be invalid. 6.) Measure G - On February 14, 2014, Kern County Judge Kenneth Twisselman struck down Measure G because of a lawsuit filed by advocates of marijuana shops who objected to the restrictions in Measure G. The court found, in September 2013, that the county failed to do an environmental review before sending Measure G Our city already has some of the highest crime rates in the nation. Let's do our due diligence and be proactive not reactive. Banning or allowing Marijuana dispensaries will have a significant effect on our environment. The city of Bakersfield is incorporated within Kern County. A judge ruled that it was necessary to do an environmental report regarding measure G. Would it fail to reason that the proposed Ordinance in the City of Bakersfield, a Metropolitan area within Kern County; would have an impact on our environment and it would be just as great if not greater than the impact than that of the unincorporated areas of Kern County. The City of Bakersfield surely can see that at the very least an initial environmental review is Needed. An (EIR) Environmental Impact Report is the duty of this Council and in no way can a vote or an informed, educated decision come about without taking all evidence into consideration. Thank you for your consideration. Allison Bohannon /. as .a I /. � a �a .a decrease crime i i w s "'Contrary to popular , ! found an immediate increase in crime around dispensaries ordered to close relative to those allowed to remain open.,"' Jacobson told Science Daily. l! ispensaries were not crime magnets that they were often described • but instead reduced crime in their immediate vicinity." Studies like this are great because they help correct the myths that continue to circulate as reasons against i , cannabis. has proven i _ • to communities entire many ways, #pioid-related overdoses, and now we have some Airoof that dispensaries actually help to decrease You Might A •'` 09120117 CC AGENDA PACKET PG 23 13 KMN COUNUY Kern Homelessness 7R[N Howill:ss Coll RMVE !2016 TOM CLARK (LEFT) AND RICHARD KEMP (RIGHT) SURVEY LARRY ALONG THE KERN RIVERBED DURING THE KERN COUNTY HOMELESS COLLABORATIVE'S HOMELESSNESS CENSUS, JANUARY 28. PHOTO: MICHAEL FAGANS, UNITED WAY OF KERN COUNTY ©2016 Working TOGETHER we can end homelessness in Kern County Each individual surveyed is asked "can we send someone to connect you to services ?" Due to the reported increase, advocates locally (and nationally) are. exploring why numbers are up this year in many communities. Federal guidelines for the Census hinders the thoroughness of measuring homeless outcomes. Year to year variables are too numerous for an accurate comparison. (CONTINUED) VETERANS FROM THE CALIFORNIA VETERANS ASSISTANCE FOUNDATION PUT TOGETHER HOMELESS SURVEY TEAM SUPPLIES WITH- CATHIE MORRIS, KERN COUNTY SUPERINTENDENT OF SCHOOLS COORDINATOR AND KCHC CENSUS COMMITTEE MEMBER. i I iraillway, F12"arg - A subpopulation that has seen- growth with unique challenges is "single unaccompanied women". Nationally this population accounts for one in four homeless adults; in Kern the ratio is a little higher than one in five. • 169 women (16% of all individuals surveyed) were single and unaccompanied. [2016-875 HOMELESS ADULTS] • 61% were unsheltered. [1031 .8% lived in rural communities. [141 24% were homeless before coming to Kern County. f4al 17% were involved with the justice system before age 18. [291 57% were over age 40. [961, 42% identified as being mentally ill. [71] The Homeless Census is not an accurate, finite representation of all homeless youth across the nation since the subpopulation has only recently being tracked. Still, these numbers provide a snapshot to use for the future. Homeless young people do not congregate in the same areas as older homeless adults. Kern County surveyors have been trained in the specifics of surveying homeless youth since 2015. Youth homelessness has increased 71% since 2015. [2015-51;2016-87] 65, were ma-le! 22 we-re-female- 1 14% were - homeless- due-to domestic violence- 25% qualify as "chronically homeless" 21% were homeless before they came to Kern .43% were arrested before age 18 18% have been arrested for substance abuse • 42% live with mental health challenges 46% are currently receiving substance abuse treatment • 99% have either a high school diploma, some college, or are a college degree Veteran- homelessness • 101 homeless veterans were identified in Kern. • 52% were over age 55; 99 were male. 9% were unsheltered in rural areas including: Taft [2]; and Wasco [1], Ridgecrest-[1), Mojave- [1}, Lamont [1], and in the Kern River Valley [1]. Nationally veteran homelessness decreased 11 %2. California veteran homelessness decreased 6 %2. • Kern veteran homelessness increased 14 %. [2015 -89]. PHOTO: VETERANS FROM CALIFORNIA VETERANS ASSISTANCE FOUNDATION'S HOMELESS PROGRAM ASSEMBLE CARE PACKAGES FOR PEOPLE WHO WERE TO BE SURVEYED DURING THE CENSUS. 1 4 ''rte � yy '4 Rix SY:. SINGLE ADULTS -875 single adults -were homeless 30% decrease since 2007;19% increase-since-2015 SHELTERED AND UNSHELTERED: 2007- 1,248; 2015 -733; 2016 -875 44% more are sheltered vs unsheltered in 2016, vs 47% in 2015 2015: SHELTERED -343; UNSHELTERED -389; 2016: SHELTERED -381; UNSHELTERED -494 74% reside in metro Bakersfield RURAL KERN -83; BAKERSFIELD -792 28- °lo- increase metro Bakersfield 2015 -615; 2016 -792 30% decrease in rural areas 2015 -118; 2016 -83 ADULTS WITH CHILDREN -71 adults with children were homeless 27% decrease since 2007; no change since 2015 SHELTERED AND UNSHELTERED: 2007 -97; 2015 -71; 2016 -71 92% are sheltered vs unsheltered in 2016; vs 87% in 2015 2015: UNSHELTERED -9; SHELTERED -62; 2016: SHELTERED- 65;UNSHELTERED -6 91% reside.in metro Bakersfield RURAL KERN -7; BAKERSFIELD -64 CHILDREN -121 children were homeless 37% decrease since 2007;19% since 2015. 2007 -192; 2015 -150; 2016-121, 95% of children are sheltered vs unsheltered in 2016; vs 93% in 2015 2015: SHELTERED -139; UNSHELTERED -11; 2016: SHELTERED -115; UNSHELTERED -6 89% of children reside to metro Bakersfield RURAL KERN -13; BAKERSFIELD -108 Working. TOGETHER... coNTINum • Weather — The count is required to be held be- fore the last ten days of January. If the weather is- colder or wetter, federal- rules don't allow. adjusting Census dates for different conditions_ With warmer weather individuals could be away from camps or sites they may usually sleep at, or may have places they can do odd jobs or attend appointments. • The fluidity of the transient population being counted is subjective on a day -to -day basis. And, if people don't want to complete the full five to seven minute survey, the count can be skewed. • Surveying efficiency has greatly increased for a more thorough count. With each year the /. as .a 7 P31 Throughout the work of the Census and the day -to -day work of serving people challenged with homelessness, things people tell stories that we all can learn from: • "I've got nothing but time." Homeless individual when asked if he had time to be surveyed. • "We've lived two years here in the same spot. Cops used to come over and tear up our camp, but they don't mess with us anymore." Individual surveyed on the Kern Riverbed. • "When you're homeless, it feels like somewhere there is this mysterious ball of information floating around the universe and you can't find it. l didn't know there were people who would help." Vicki, housed after being homeless since 1986. • `By 8:30am [on the day of the Census] I- was tired. It's got to be hell living out here all day and night for months, years at a time." George, Surveyor • "it was a bit stunning to see young people arrive, homeless youth... to see them stand in line for fresh clothing and the ability to take a shower." Michael, Surveyor • "I met a young man wandering the streets, alone and cold. He was wearing dirty, raggedy jeans and a short sleeved t -shirt. He was 21 and had been homeless since age 18. 1 wondered who had tried to help him. He is homeless but he is human." Stacey, Surveyor • "My husband works for an agency repairing the highway. He was greatly saddened by the eviction of a homeless man who had lived, hidden, near the overpass being repaired. Then, the following week he came home angry. The same road construction was halted, the road shut down and numerous agencies were brought in at great cost. A tagged kit fox had been found in the area." Community partner • "The experience was one of a reminder of the grace and blessings I have in not being homeless. Most heartbreaking was an 18- year -old who had been in his last year of high school when his father died and they were returned to their mother who was homeless with mental health illness." Lorraine, Surveyor • "Volunteering for the Census brings funds to the county for these unfortunate people and that is something I can do with a little patience and a kind ear," David, Surveyor • "The experience was enlightening, fulfilling, humbling, and sometimes emotional. It was inspirational to see volunteers with nothing but desire to do a little to help out." Harold, First time Surveyor 09120117 CC AGENDA PACKET PG 281 Gender 73% mate/ 26% female. Ages 6% Under age 6 6% Ages 6-17 9% 18 to 24 27% 25 to 39 31% 40-54 13% 55-61 8% 62+ Ethnicity 4,1% American Indian /Alaskan Native .2% Asian 13% Black 26% Hispanic .7% Native American / Pacific Islander 66% White .9% Multiple races 6.6% None given Length of time homeless YR UNSHELTERED SHELTERED 2016 39 months 20 months 2015 40 months 17 months 2014 34 months 14 months 2013 37 months 15 months. Where did you sleep last night? 46% Emergency shelter, transitional housing or sober living .6% Hotel paid by someone else 43% Outdoors 3% Abandoned building/structure 5% Car, camper, van, motor vehicle 3% Garage-, barn, shed or yard Discharged into homelessness 19% Domestic violence 47% remain unsheltered [106 ADULTS, 52 CHILDREN] 12% Jail/prison 68% remain unsheltered 2% Mental health facility 6596 remain unsheltered 3% Hospital 55% remain unsheltered .9% Foster Care 100°6' remain unsheltered a �. 3@11' ' � � �., Q'�`' ,4—„ S }}� RurattKern ,. %t%... _ i' Count 4 a . "` �`"� f"' x#. 4 Y Y- k w.� r ,` RURAL • CHANGE ,. . 1. ,6 AND UNSHELTERE i . � r Vill Frazier Park Kern River Valley Rosamond California City Boron Shafter / Lost Hills *AT THE TIME OF THE 2015 COUNT 64 INDIVIDUALS WERE SURVEYED IN MOJAVE WHO WERE DETERMINED NOT HOMELESS PER HUD GUIDELINES "REVISION OF ERROR IN PRINTED REPORT (REPORTED 22 SHOULD 6) Metro- Bakersfiel d— Sheltered, 375 60 104 539. 2% 5-28 - Regional Sheltered 6 5 11 22 29% 17 COUNTYWIDE SHELTERED 381 65 115 561 3% 545 Metro Bakersfield - Unsheltered 417 4 4 425 51% 282 -Regional Unsheltered 77 2 2 81 -36% 127 COUNTYWIDE UNSHELTERED I 494 6 506 1 409 TOTAL METRO BAKERSFIELDI 792 64 108 964 19% 810 TOTAL REGIONAL (RURAL] l 83 13 103 -28% 144 2016 COUNTYWIDE-TOTAL gn 71 121 1,067 1254, 954 2015 COUNTYWIDETOTAL 733 71 15G 954 -4% 2014 COUNTYWIDE TOTAL 725 89 178 992 -14% 2013 COUNTYWIDE TOTAL 924 79 149 1,152 -20% 2011 COUNTYWIDE TOTAL 1,220 79 140 1,439 -4% 2009 COUNTYWIDE TOTAL 1,251 88 160 1,499 -2% 2007 COUNTYWIDE TOTAL 1,248 97 192 1,537 The Purpose of this aroph is to show the ebb and flow of Kern-s Comic rpctiltc vc- the cttvto etn,4 ma n"+;^n HOMELESS HOMELESS FAMILIES HOMELESS YOUTH 1 09120117 CC AGENDA PACKET PIS 311 raftW1111 lip 111 Many factors contribute to homelessness including poverty, lack of affordable housing, job loss, mental health (and substance abuse), domestic violence and lack of health care. Kern County homeless stakeholders have been addressing these fundamental attributors aggressively. KCHC Members work diligently with individuals and families towards a"housing first" process and a life ofwellness. GOOD NEWS: In Kern County, housing vouchers are released xvGekky, based on o prioritization assessment tool which measures those most vulnerable who need the swiftest interaction for housing. New resources are in place for increased homelessness vouchers from grants received by Kern County Homeless Collaborative Members, through the Department of Human Services' Welfare to Work and A1374-Family Stabilization programs; and the Housing Authority of the- County of Kern /seven are already prioritized voucher with- another 22 applicants in progress; and 91 more families will be housed over the next 18 months). As of the end of January 2016 nearly 150 households, counted in the Census, had already received a housing connection (between being referred fora housing vouchers to pending inspection approval to move in) and are 0n their way toa"housing firsC process to be followed by two years of case management and teamwork to help people live independent lives. THE SYSTEM OF CARE OF KCHC MEMBERS AND COMMUNITY PARTNERS PROVIDE SERVICES ADDRESSING: COULD THE NEWS BE BETTER? Hundreds of people become homeless each year which_ bL-ars tremendous social, economic and human costs. With the recession, poor economy, increasing poverty and deep poverty, sustained high uOernploymen1andhousingCosts,thefo|lovvingremorOrnendatiVMs from the National Alliance to End Homelessness are focuses of the Kern County Homeless Collaborative: ° Cost effective investment in homeless prevention; ° Proven homeless program investment and resource provisions to significantly hmprove the outcomes of funding; ° Continued prioritizing housing for the most vulnerable, shoring up programs that provide a safety net for the extremely poor including: housing, mental health treatment, employment and training, health care, Temporary Assistance to Needy Families /TANF\ and Supplement Security Income /SS|\ for people with disabilities and vulnerable families; and = Ensure job initiatives prioritize the most vulnerable people — including those with tong-term unemploy- ment histories and/or with disabilities. 31% decrease overall since 2007 12% increase from 2015 2007-1537; 2015-954; 2016-1,067 71% increase for youth ( since 2015 2015-51; 2016-87; MCKINNEY VENTO YOUTH 2015-5; 2016-1 24% Increase in- unsheltered homeless. 20B-409;201G-5O The KCHC- Bakersfield and Kern County is the geographical area for the local Continuum of Care /CoC\' One of 46 CoCS in California and hundreds across the United States, the Kern County Homeless Collaborative serves as the organized planning body, often referred toas"the CoC" cornrnd1ed to coordinating homeless prevention and addressing the challenges of homelessness. Members of the Collaborative include nonprofit and faith-based organizations, advocacy and community service groups, medical and mental health providers, and education and government agencies —o|l working together with Community Partners who are all are stakeholders in the work of ending homelessness- A.Governing TENT CITY Ana Vigil of Greater 8akersfie|dc Legal Assistance and the KCHC Outreach CmcMmnM±ee Cliair (left) joins NCHC Board K8ernb8r and Bakersfield Burrito Project Executive Director Belinda RickSt1 (right) in serving an individual at what was formerly "Tent Cit«"oO Union Avenue in Bakersfield. 30% of the encampments 30 residents were either employed or attending college. Before the city's evacuation Collaborative Members and Community Partners were able to connect 3O96of residents with housing and services. � 1 McIntyre, D,October2O14,http://247waUst.com/ 1/Z0-of-nadons-home|es*are'in' I The National Alliance to End Homelessness, ZO14 ]. US Census Bureau Quick Facts and ZO16 Kern County Homelessness Census Bureau Board oversees ten focus- committees that strate- gize and work to- end homelessness in Kern County. All efforts are facilitated through a community-wide data Homelessness Management Information System (HM|E administered by Kern County Mental Health). A Coordinated Entry and Assessment Plan helps efficiently assess and prioritize housing and provide wraparound services such as: 'Emergency shelter or affordable housing; 'Basic. needs (including benefit ocquisitkzn\; 'Physical and/or mental health care; 'Legal and independent living support; 'Education and/or employment opportunities; and Safe discharge options from hospitals, institutions and incarcerations. ,,,tnthe workers and agencies m�m +�m v,/^`� ,^/w`�^_ �''^- ~."~''sus possible! SPECIAL THANKS-20I6 Census Committee, Mental Health sponsor, and in-kind donors: Dollar General, Toys for Tots, Nestle, and The Mission 8t Kern County for hosting the troiDings and the Census headquarters. ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 9/5/2017 111-11 V 03 SUBJECT: Open Budget Demonstration. STAFF RECOMMENDATION: BACKGROUND: Staff from the City Manager's Office will provide an overview of the recently launched open budget platform. 09120117 CC AGENDA PACKET PG 34 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 8/7/2017 111-11 V 03 SUBJECT: Approval of minutes of the September 6, 2017, Regular Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Wrldes Type BackU IMateir4� 09120117 CC AGENDA PACKET PG 35 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 6, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:33 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) Emilio Tarango v. City of Bakersfield U.S.D.C. Eastern District Case No. 1:16 -CV- 00099- LJO -JLT. ACTION TAKEN b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (two matters). Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 3:34 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 4:16 p.m. Meeting reconvened at 4:45 p.m. 09120117 CC AGENDA PACKET PG 36 Bakersfield, California, September 6, 2017 - Page 2 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) Emilio Tarango v. City of Bakersfield U.S.D.C. Eastern District Case No. 1:16 -CV- 00099- LJO -JLT b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (two matters). 6. ADJOURNMENT Mayor Goh adjourned the Closed Session meeting at 5:20 p.m. REGULAR MEETING -5:21 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None Mayor Goh acknowledged students from the Bakersfield College Political Science class, California State University Bakersfield Government class, Boy Scouts Troops 484, and Boy Scouts Troop 415 in attendance at the meeting to learn about City government. 2. INVOCATION by Pastor Leonard Mancini, Bakersfield Living Word Foursquare Church. 3. PLEDGE OF ALLEGIANCE by Flint Sheffield, Liberty High School Senior. 4. PRESENTATIONS a. Presentation of a proclamation by Mayor Goh to Keith Brice, the 2017 John Brock Community Service Award Recipient, declaring September 7, 2017, "Keith Brice Day." Mr. Brice accepted the Proclamation and made comments. ACTION TAKEN STAFF WAS GIVEN DIRECTION NO REPORTABLE ACTION ON FIRST MATTER; STAFF WAS GIVEN DIRECTION ON SECOND MATTER Bakersfield, California, September 6, 2017 - Page 3 4. PRESENTATIONS continued ACTION TAKEN b. Presentation of a proclamation by Mayor Goh to Kern County Fair Chief Executive Officer, Mike Olcott, declaring September 20, 2017, through October 1, 2017, Kern County Fair Days. Mr. Olcott accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Mike Mares, District Manager for California Water Service Company, explained that the proposed water rate increase on the agenda will only affect residents that are served by the City's water system; residents that are served by Cal Water system will not be affected by this particular rate increase; and submitted written material. b. Mayf Nutter invited the City Council to the world premiere of the film Victory by Submission at Christ Cathedral Church, on Thursday, September 7t"; and submitted written material. C. John Wilson, business owner at 2012 "E" Street, expressed his concern regarding the problem his business has experienced with homeless people littering and threatening to harm the employees; and submitted written material. d. Robert Miller expressed concern with the amount of booths around town offering free cellular phones. e. Mark Rogers, representing Argo Chemical, spoke in opposition to the staff recommendation on item 8.w., to reject all bids for an annual contract to supply Sodium Hypochlorite; and submitted written material. 6. WORKSHOPS a. Road Repair and Accountability Act of 2017 (Senate Bill 1) Implementation Plan Overview. Public Works Director Fidler and Recreation and Parks Director Hoover made staff comments and provided a PowerPoint presentation. Bakersfield, California, September 6, 2017 — Page 4 7. APPOINTMENTS ACTION TAKEN None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 16, 2017, Regular City Council Meeting. Payments: b. Receive and file department payments from August 4, 2017, to August 24, 2017, in the amount of $19,402,856.72, Self Insurance payments from August 4, 2017, to August 24, 2017, in the amount of $646,154.00, totaling $20,049,010.72. Ordinances: C. First reading of an ordinance amending FR Bakersfield Municipal Code Section 1. 12.030 by adding Annexation No. 671 consisting of 30,001 square feet located along the south side of Norris Road, generally east of Calloway Drive and Annexation No. 674 consisting of 1.15 acres located along the south side of Rosedale Highway, approximately 500 feet west of Patton Way to Ward 3. Resolutions: d. Resolution confirming approval by the City RES 120 -17 Manager designee of the Chief Code Enforcement Officer's Report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris, and waste matter, and authorizing collection of the assessments by the Kern County Tax Collector. e. Resolution approving the submission of an RES 121 -17 application to the California Department of Transportation for matching State funding for an improvement project at the Bakersfield Municipal Airport under Airport Improvement Program Project No. 3 -06- 0323 - 020 -2017, accepting the allocation of matching State funding, and authorizing the City Manager or designee to execute all necessary documents. IV a a +► a +► Bakersfield, California, September 6, 2017 - Page 5 8. CONSENT CALENDAR continued Resolution authorizing payment (not to exceed $1,500,000) to the San Joaquin Valley Unified Air Pollution Control District for the implementation of the voluntary emissions reduction agreement for the Centennial Corridor Project. g. Resolution determining that a Caterpillar excavator can most efficiently be obtained through cooperative procurement bidding procedures from Quinn CAT, Bakersfield, and authorizing the Finance Director to dispense with bidding thereof, not to exceed $295,000. h. Resolution determining that Go -4 is the only three -wheel parking control vehicle to meet the needs of the Bakersfield Police Department, Traffic Division, and it cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $38,000. Sewer connection fee assessment for 1808 Faxon Avenue: Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Allison B. Gobbell to pay the sewer connection fee through the Kern County Tax Collector. j. Inspection, maintenance, and repair of the liquefied natural gas (LCNG) fueling facilities located at the Corporation Yard and South Mt. Vernon Avenue: Resolution determining that inspection, maintenance, and repair services for the LCNG fueling facilities cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and procure inspection, maintenance, and repair services for the LCNG fueling facilities through Clean Energy. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION RES 123 -17 RES 124 -17 RES 125 -17 AGR 17 -129 RES 126 -17 A Bakersfield, California, September 6, 2017 - Page 6 CONSENT CALENDAR continued ACTION TAKEN ITEM 8.j. CONTINUED 2. Agreement with Clean Energy (not to AGR 17 -130 exceed $200,000 over a three -year term) to perform inspections, maintenance, and repairs of the LCNG fueling facilities. Agreements: k. Transportation impact fee credit agreement AGR 17 -131 with Summit Capital Ventures, Inc. (not to exceed $129,732.61) for construction of improvements on Old River Road along the frontage of Tentative Tract Map 6825. I. Final map and improvement agreement with AGR 17 -132 Summit Capital Ventures, Inc. for Tract 6853, Phase 4 located east of Calloway Drive and north of Langley Road. M. Planned sewer area reimbursement agreement AGR 17 -133 with MG3 Partners, LLC for construction of sewer line improvements on Ashe Road north of Taft Hwy /S R 119. n. Pipeline crossing agreement with Sunset AGR 17 -134 Railway Company for a domestic waterline. o. Encroachment permit agreement with AGR 17 -135 Rosedale -Rio Bravo Water Storage District (no fee permit) to allow access onto property, earthwork, and use of borrow material within the Allen Road Basin area for the Brighton Park wall along the Westside Parkway. P. Consent to common use agreement with AGR 17 -136 Pacific Gas and Electric (no compensation) for the Sewer Lift Station Project at 24th Street and Oak Street. q. Cooperative agreement with Caltrans for the AGR 17 -137 Belle Terrace Project, a part of the Centennial Corridor Project. (TRIP) r. 1,2,3- Trichloropropane (TCP) Mitigation Project: Agreement with Bakersfield Well & Pump AGR 17 -138 to convert 12 pumps to water lubricated pumps. A Bakersfield, California, September 6, 2017 - Page 7 CONSENT CALENDAR continued ACTION TAKEN ITEM 8.r. CONTINUED 2. Appropriate $1,100,000 in Fund Balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. S. Amendment No. 1 to Agreement No. 17 -002 AGR 17- 002(1) with Trans -West Security Services Inc. ($20,000; revised not to exceed $88,223), for continued park security services. t. Bakersfield Amtrak Railway: Amendment No. 1 to Agreement No. 13- AGR 13- 150(1) 150 with Niemeyer & Associates, P.C. ($50,000; revised not to exceed $200,000; and to extend the term of agreement to June 30, 2018) to provide railroad track inspection services. 2. Amendment No. 1 to Agreement No. 13- AGR 13- 200(1) 200 with RailWorks Track Services, Inc. ($65,000; revised not to exceed $165,000) to provide for maintenance and repair services for the Amtrak Railway. U. Contract Change Order No.I to Agreement AGR 16 -267 No. 16 -267 with Cen -Cal Construction Inc. CCO 1 ($23,166.25; revised not to exceed $271,893.75) for the Frank West Elementary Sidewalk Improvements Project. V. Contract Change Order No. 3 to Agreement AGR 17 -042 No. 17 -042 with Klassen Corporation ($12,490.57; CCO 3 revised not to exceed $2,182,237.47) for construction of the Mesa Marin Sports Complex Phase II Project. Property Acquisition Agreements - TRIP: Bids: W. Reject bids for an annual contract to supply REMOVED FOR Sodium Hypochlorite for Wastewater Treatment SEPARATE Plant 3. CONSIDERATION X. Extend bid from Mullahey CDJR, Paso Robles, California, and authorize the replacement ($146,561.45) of seven full size half -ton pickup trucks for the Water Resources, Recreation and Parks, and Public Works Departments. Bakersfield, California, September 6, 2017 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Y. Bakersfield Municipal Airport - North Taxilane Pavement Reconstruction Project: Accept and approve Base Bid and AGR 17 -142 Additive Alternate No. 1 with Granite Construction Co. ($548,805) for said project. 2. Appropriate $21,380 in General Aviation Fund balance to the Public Works Department's Capital Improvement Program budget for said project. Miscellaneous: Z. Appropriate $4,400 contributions from the Bakersfield Foundation to the Police Department Operating Budget within the General Fund to offset the costs of the K -9 trials event held June 23 -24, 2017. aa. Appropriate $99,804 in Grant Assistance Program funds from the California Department of Alcoholic Beverage Control to the General Fund Police Operating Budget. ab. Appropriate $35,000 from First Five Kern grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide a water safety education program (Make -A Splash). ac. Appropriate $150,000 in Transportation Development Fund balance to the Public Works Department's Capital Improvement Program budget to fund preliminary engineering services necessary to reserve right -of -way for three future project sites (El Toro Viejo at the Burlington Northern Santa Fe Railroad, West Beltway at White Lane, and West Beltway at Ming Avenue). Bakersfield, California, September 6, 2017 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN ad. Appropriate additional federal funds: Appropriate $37,405 in federal Congestion Mitigation and Air Quality Program (CMAQ) funds to the Public Works Department's Capital Improvement Program budget within the SAFETEA -LU Fund for a traffic signal, lighting, and synchronization system project on Union Avenue and Berkshire Road. 2. Appropriate $249,620 in federal Regional Surface Transportation Program (RSTP) funds to the Public Works Department's Capital Improvement Program budget within the SAFETEA -LU Fund for a pavement rehabilitation project on P Street from Brundage Lane to California Avenue. Successor Agency Business: Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.w., transmitting copies of two bid protests and staff comments. Councilmember Rivera requested that item 81 be removed for separate consideration. Councilmember Weir requested that item 8.w. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ad., with the removal of items 8.f. and 8.w. for separate consideration. Resolution authorizing payment (not to exceed RES 122 -17 $1,500,000) to the San Joaquin Valley Unified Air Pollution Control District for the implementation of the voluntary emissions reduction agreement for the Centennial Corridor Project. Motion by Councilmember Rivera to adopt APPROVED Consent Calendar item 8.f. E3 Bakersfield, California, September 6, 2017 -Page 10 CONSENT CALENDAR continued W. Reject bids for an annual contract to supply Sodium Hypochlorite for Wastewater Treatment Plant 3. Motion by Councilmember Weir to adopt Consent Calendar item 8.w. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing on resolution adopting increases in water rates to the City of Bakersfield's Domestic Water Service Area. b. Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 229 Chester Avenue and 136 Haybert Court, Bakersfield, CA 93304 (APN 01 1 - 1 1 1 -09 & 01 1- 111-37) (CPN 87690). C. Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 300 South Garnsey, Bakersfield, CA 93309 (APN 149- 232 -01) (CPN 87664). d. Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 215 Williamson Way, Bakersfield, CA 93309 (APN 149- 232 -02) (CPN 87666). e. Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 720 Wible Road, Bakersfield, CA 93304 (APN 147-112-07) (CPN 87720). ACTION TAKEN APPROVED REMOVED FOR SEPARATE CONSIDERATION SEE PAGE 11 RES 128 -17 RES 129 -17 RES 130 -17 RES 131 -17 9. 10. Bakersfield, California, September 6, 2017 - Page 11 CONSENT CALENDAR PUBLIC HEARINGS Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the 24th Street Improvement Project (Code of Civil Procedure § 1245.230) located at 1401 23rd Street, Bakersfield, CA (APN 005-411-09). g. Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the 24th Street Improvement Project (Code of Civil Procedure § 1245.230) located at 2323 Elm Street, Bakersfield, CA (APN 003 - 021 -01) . Consent Calendar Public Hearing items 9.a. through 9.g. opened at 6:15 p.m. Consent Calendar Public Hearing item 9.a. was removed for separate consideration. Consent Calendar Public Hearing items 9.b. through 9.g. closed at 6:16 p.m. Motion by Vice -Mayor Smith to adopt Consent Calendar Public Hearing items 9.b. through 9.g. HEARINGS a. Public hearing on resolution adopting increases in water rates to the City of Bakersfield's Domestic Water Service Area. (Staff recommends adoption of the resolution.) Assistant City Clerk Drimakis announced notices were mailed to affected 42,045 customers; a total of 144 letters and three phone calls were received in opposition to the water rate increase. Water Resources Manager Chianello made staff comments and provided a PowerPoint presentation. The following individuals spoke in opposition to the staff recommendation: Richard Hograph, Bakersfield Tea Party; Richard Felix; James Lungil; Johnny Aloguez; Viola Gallegos; Jean Claude Bonillo; and Jaime Jarro. ACTION TAKEN RES 132 -17 RES 133 -17 APPROVED RES 127 -17 /. as 10. 11. 12. 13. 14. Bakersfield, California, September 6, 2017 - Page 12 HEARINGS continued ACTION TAKEN ITEM 10.a. CONTINUED No one spoke in support of the staff recommendation. Hearing closed at 6:58 p.m. Motion by Vice -Mayor Smith to adopt the APPROVED Resolution. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS a. Resolution authorizing the issuance and sale of RES 134 -17 Domestic Water Revenue Bonds Series 2017A, AGR 17 -139 not to exceed $25,000,000 in aggregate AGR 17 -140 principal amount for the City of Bakersfield, AGR 17 -141 California, approving a Master Trust Indenture, a First Supplemental Trust Indenture, Preliminary and Final Official Statements, a Bond Purchase Contract and a Continuing Disclosure Certificate, and authorizing and directing additional actions in connection with respect thereto. Finance Director Smith made staff comments. Motion by Vice -Mayor Smith to adopt the APPROVED Resolution. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested staff work with the Kern County Historic Preservation Society on installing Historic Route 99 signage. Councilmember Parlier requested staff clean around the freeway exit at Ming Avenue before the beginning of the Kern County Fair. Councilmember Sullivan made comments regarding the film Victory by Submission and reminded everyone that the premier is tomorrow night at 7:00 p.m., at the Christ Cathedral Church. Bakersfield, California, September 6, 2017 — Page 13 15. ADJOURNMENT . ACTION TAKEN Mayor Goh adjourned the meeting at 7:06 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield W ,&VffJWEqMA Bakersfield, California, September 6, 2017 — Page 14 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * ** /. ,MVIJMLqMA ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Payments b. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 8/24/2017 111-11 V 03 SUBJECT: Receive and file department payments from August 25, 2017, to September 7, 2017, in the amount of $29,798,974.14, Self Insurance payments from August 25, 2017, to September 7, 2017, in the amount of $345,798.51, totaling $30,144,772.65. Staff recommends the report be received and filed. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Regilsteir/kdirNin 9 20 20,17 D 2 E/kP Check Regilsteir/kdirNin 9 20 20,17 Type BackU IMateir4� BackU IMateir4� 09120117 CC AGENDA PACKET PG 50 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663284 10037 ALEX DUNNE Aug 25, 2017 $50.00 663285 10037 ALL DAY ELECTRIC Aug 25, 2017 $200.00 663286 10037 ANTONIO VIGIL Aug 25, 2017 $95.01 663287 70249 BAKERSFIELD PLUMBING CO INC Aug 25, 2017 $500.00 663288 70338 DEWALT CORPORATION Aug 25, 2017 $185.00 663289 10047 FOOTHILL ENERGY LLC Aug 25, 2017 $4,606.00 663290 10047 FREER CONSTRUCTION Aug 25, 2017 $91.34 663291 70366 GATEWAY HOUSING LLC Aug 25, 2017 $3,874.52 663292 16862 HEALTHCOMP INC Aug 25, 2017 $168.63 663293 10047 HINA PROPERTIES FLP Aug 25, 2017 $273.61 663294 10047 J NOBLE BINNS PLUMBING Aug 25, 2017 $679.20 663295 10047 JACK IN THE BOX #4385 Aug 25, 2017 $1,344.53 663296 10037 JAMES K KIRKPATRICK, D. D. S. Aug 25, 2017 $4,434.18 663297 4861 KISCO SALES INC Aug 25, 2017 $29.95 663298 10047 LENNAR - FRESNO Aug 25, 2017 $36.00 663299 10047 LINN MEDICAL PRACTICE Aug 25, 2017 $272.92 663300 10047 LOS HERMANOS RESTAURANT #6 Aug 25, 2017 $790.99 663301 21504 MARTINEZ, JOSUE Aug 25, 2017 $125.00 663302 7064 MERCHANTS PRINTING & ENVELOPE Aug 25, 2017 $3,337.41 663303 10047 MERCHANTS PRINTING & ENVELOPE Aug 25, 2017 $23.59 663304 5547 MINUTEMAN PRESS Aug 25, 2017 $137.71 663305 5681 MOSS, ROBERT B JR Aug 25, 2017 $139.43 663306 5688 MOTION INDUSTRIES INC Aug 25, 2017 $132.62 663307 24279 O'REILLY AUTO PARTS Aug 25, 2017 $608.63 663308 10047 OLIVIA NAZARSON Aug 25, 2017 $118.00 663309 10037 OSCAR BARRIGA Aug 25, 2017 $23.00 663310 70367 PALMS BAKERSFIELD LIMITED LLC Aug 25, 2017 $7,525.13 663311 10037 PATROCINIO GARCIA VILLATORO Aug 25, 2017 $200.00 663312 14498 STEPHENSON, RONALD Aug 25, 2017 $8,357.61 663313 10047 TAMAYO, ZACHARY J Aug 25, 2017 $22.60 663314 10047 TRB INVESTMENTS Aug 25, 2017 $243.78 663315 10037 VICTORIA'S SECRET STORES # 143 Aug 25, 2017 $792.46 663316 10047 WESTERN BUILDING MATERIAL Aug 25, 2017 $69.47 663317 4435 KERN COUNTY CLERKS Aug 25, 2017 $2,216.25 663318 4435 KERN COUNTY CLERKS Aug 25, 2017 $2,216.25 663324 4740 KERN TURF SUPPLY Aug 25, 2017 $11,802.35 663329 15624 LOWE'S HOME IMPROVEMENT Aug 25, 2017 $3,551.25 663338 6114 PACIFIC GAS & ELECTRIC COMPANY Aug 25, 2017 $1,022,090.42 663339 10047 1430 TRUXTUN AVE BLDG CO -PTNR Aug 25, 2017 $2,665.00 663340 10204 ASSOCIATION BKFD POLICE OFFICER FCU Aug 25, 2017 $14,217.35 663341 10211 BAKERSFIELD FIREMEN Aug 25, 2017 $8,996.61 663342 10200 BAKERSFIELD FIREMEN RELIEF ASS Aug 25, 2017 $8,495.66 663343 10203 BAKERSFIELD POLICE BENEFIT Aug 25, 2017 $24,175.15 663344 10205 MUTUAL BENEFIT ASSOCIATION Aug 25, 2017 $2,028.80 663345 26810 RELIASTAR LIFE INSURANCE CO Aug 25, 2017 $1,036.57 663346 22324 SEIU LOCAL 521 Aug 25, 2017 $20,566.52 663347 26421 A SIGN FACTORY INC Aug 31, 2017 $268.13 663348 26559 A 1 PRECISION BUILDERS Aug 31, 2017 $1,240.00 663349 22346 ABACUS I M T INC Aug 31, 2017 $544.39 663350 19406 ACOM SOLUTIONS INC Aug 31, 2017 $648.34 663351 28221 ADAMS, CODI J Aug 31, 2017 $719.93 663352 15433 ADVANCE MOBILE SECURITY Aug 31, 2017 $389.47 663353 29472 AGUILAR, JOSE Aug 31, 2017 $126.50 663354 18426 AL ERTSON, KEVIN Aug 31, 2017 $229.29 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN\ 09120117 CC AGENDA PACKET PG 51 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663355 29450 ALL AMERICAN UNIFORMS Aug 31, 2017 $13,500.00 663356 19496 ALL PRO CLEANING SERVICE Aug 31, 2017 $840.00 663357 24985 ALL SAFE INDUSTRIES INC Aug 31, 2017 $2,610.08 663358 160 ALL THAT LETTERING SIGN COMPNY Aug 31, 2017 $950.00 663359 27696 AMAZING BOUNCE Aug 31, 2017 $240.00 663360 18201 ANIMAL EMERGENCY & URGENT CARE INC Aug 31, 2017 $165.00 663361 1149 APPLIED INDUSTRIAL TECH Aug 31, 2017 $617.01 663362 13049 ARMA COATINGS OF BAKERSFIELD Aug 31, 2017 $1,197.13 663363 523 ATCO INTERNATIONAL Aug 31, 2017 $157.70 663364 652 BACSCO Aug 31, 2017 $380.03 663365 675 BAKERSFIELD CALIFORNIAN Aug 31, 2017 $1,328.59 663366 12135 BAKERSFIELD COLLEGE Aug 31, 2017 $59.00 663367 618 BAKERSFIELD PLASTICS INC Aug 31, 2017 $294.64 663368 841 BAKERSFIELD RUBBER STAMP CO Aug 31, 2017 $16.03 663369 857 BAKERSFIELD S P C A Aug 31, 2017 $200.29 663370 875 BAKERSFIELD TRUCK CENTER Aug 31, 2017 $524.45 663371 21258 BALLOCK, GREG Aug 31, 2017 $60.00 663372 557 BARC Aug 31, 2017 $368.10 663373 13424 BARNES WELDING SUPPLY Aug 31, 2017 $556.94 663374 945 ARNETT'S TOWING SERVICE INC Aug 31, 2017 $70.00 663375 28231 BIG BRAND TIRE & SERVICE Aug 31, 2017 $2,480.22 663376 23444 BILLINGSLEY, MATTHEW Aug 31, 2017 $1,315.68 663377 29237 BLACK, JOHNNY Aug 31, 2017 $84.00 663378 1175 BOBS WHOLESALE AUTO GLASS Aug 31, 2017 $1,129.93 663379 22817 BORN AGAIN BODYWORKS Aug 31, 2017 $25,594.65 663380 917 BOTACH TACTICAL Aug 31, 2017 $89,549.04 663381 1249 BRANDCO Aug 31, 2017 $1,018.88 663382 1314 BROWNELLS INC Aug 31, 2017 $926.62 663383 10267 BUDGET BOLT INC Aug 31, 2017 $699.79 663384 1477 CAL VALLEY EQUIPMENT INC Aug 31, 2017 $145.00 663385 1470 CALIFORNIA BUILDING OFFICIALS Aug 31, 2017 $375.00 663386 28603 CALIFORNIA FUELS & LUBRICANTS Aug 31, 2017 $17,574.67 663387 25426 CALSAE Aug 31, 2017 $2,257.00 663388 18017 CANNON CORP Aug 31, 2017 $11,535.00 663389 23237 CELLEBRITE USA CORPORATION Aug 31, 2017 $14,569.64 663390 27074 CEN -CAL CONSTRUCTION INC Aug 31, 2017 $513.00 663391 1888 CHAMPION HARDWARE Aug 31, 2017 $14,435.88 663392 23786 CHART INDUSTRIES Aug 31, 2017 $644.21 663393 1924 CHESTER AVENUE BRAKE & SUPPLY Aug 31, 2017 $1,185.66 663394 2016 CLARK PEST CONTROL INC Aug 31, 2017 $48.00 663395 2050 CLIFFORD & BROWN Aug 31, 2017 $29,402.53 663396 28762 COFFEY MGT LLC Aug 31, 2017 $257.40 663397 25288 COMPLETE PAPERLESS SOLUTIONS Aug 31, 2017 $25,404.17 663398 28349 CONVERGINT TECHNOLOGIES Aug 31, 2017 $14,792.80 663399 25644 COPSPLUS INC Aug 31, 2017 $194.64 663400 27218 CUMMINS PACIFIC LLC Aug 31, 2017 $2,331.25 663401 18646 DAVENPORT, REX Aug 31, 2017 $3,417.73 663402 4140 DAVID JANES COMPANY Aug 31, 2017 $39.04 663403 29209 DAVIS, APRIL Aug 31, 2017 $1,840.00 663404 19613 DE SOTO SALES INC Aug 31, 2017 $49.42 663405 2442 DELANEY & AHLF DIESEL SERVICE INC Aug 31, 2017 $817.43 663406 24213 DIAMOND H HAULING Aug 31, 2017 $250.00 663407 2613 DOUGLASS TRUCK BODIES INC Aug 31, 2017 $353.93 663408 27412 DRIMAKIS, JULIE Aug 31, 2017 $24.00 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN\ 09120117 CC AGENDA PACKET PG 52 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663409 16511 EAN SERVICES LLC Aug 31, 2017 $2,902.18 663410 18911 ECMS INC Aug 31, 2017 $545.21 663411 20062 ECOLINE INDUSTRIAL SUPPLY Aug 31, 2017 $2,419.56 663412 2752 ELBERT DISTRIBUTING Aug 31, 2017 $117.01 663413 27898 ELECTRICAL SYSTEMS & INST INC Aug 31, 2017 $214.55 663414 29111 ENVIROTEK CORPORATION Aug 31, 2017 $2,425.77 663415 23720 ERNEST PACKING SOLUTIONS INC Aug 31, 2017 $1,106.91 663416 16624 FASTENAL COMPANY Aug 31, 2017 $49.79 663417 377 FIRETECH INSPECTION SERVICE Aug 31, 2017 $3,345.00 663418 28511 FIRST ADVANTAGE BACKGROUND Aug 31, 2017 $106.40 663419 19657 FIRST CHOICE SERVICES INC Aug 31, 2017 $55.30 663420 25339 FLEET SERVICES TOWING INC Aug 31, 2017 $70.00 663421 15531 GOLDEN EMPIRE CONCRETE COMPANY Aug 31, 2017 $607.04 663422 3403 GOLDEN STATE PETERBILT Aug 31, 2017 $492.87 663423 3427 GRAINGER INC, W W Aug 31, 2017 $348.14 663424 24247 DREGS PETROLEUM SERVICES INC Aug 31, 2017 $7,344.85 663425 24139 GUTIERREZ TIRE & WHEEL INC Aug 31, 2017 $2,195.45 663426 3569 H & S BODY WORKS & TOWING Aug 31, 2017 $7,819.48 663427 3593 HALL LETTER SHOP Aug 31, 2017 $102.50 663428 20115 HANLEY, DAVID Aug 31, 2017 $224.00 663429 27026 HOEFT, SHANE Aug 31, 2017 $970.06 663430 25159 ID WHOLESALER Aug 31, 2017 $376.51 663431 3972 INSIGHT PUBLIC SECTOR Aug 31, 2017 $255.90 663432 14363 INTERNATIONAL E -Z UP INC Aug 31, 2017 $328.73 663433 20795 IPC USA INC Aug 31, 2017 $43,972.51 663434 28140 IVES TRAINING COMPLIANCE GROUP Aug 31, 2017 $403.31 663435 29362 JAMES, LOUIS Aug 31, 2017 $732.80 663436 26387 JIM BURKE FORD -EQ Aug 31, 2017 $29,131.70 663437 28989 K & I SERVICES INC Aug 31, 2017 $14,919.00 663438 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Aug 31, 2017 $224.52 663439 26044 KENNEDY, AARON Aug 31, 2017 $58.00 663440 4429 KERN COUNTY AUDITOR CONTROLLER Aug 31, 2017 $186,659.52 663441 4573 KERN COUNTY WATER AGENCY Aug 31, 2017 $47,124.43 663442 7492 KERN MACHINERY INC Aug 31, 2017 $1,992.79 663443 4740 KERN TURF SUPPLY Aug 31, 2017 $129.48 663444 23434 KINNEY, STEVEN P Aug 31, 2017 $220.00 663445 4861 KISCO SALES INC Aug 31, 2017 $75.46 663446 28956 LID MAINTENANCE & CONSTRUCTION Aug 31, 2017 $670.00 663447 12553 LEAGUE OF CALIFORNIA CITIES Aug 31, 2017 $25.00 663448 22006 LITTLEFIELD, ERIC Aug 31, 2017 $153.48 663449 27858 LOGIN /IACP NET Aug 31, 2017 $1,750.00 663450 16411 LOPEZ, TAMRA L Aug 31, 2017 $70.89 663451 15624 LOWE'S HOME IMPROVEMENT Aug 31, 2017 $196.75 663452 18351 LUERA, JOEL Aug 31, 2017 $3,622.82 663453 12095 MADDEN, CLAYTON Aug 31, 2017 $81.38 663454 26124 MARANATHA GARDENING & LANDSCAPE INC Aug 31, 2017 $875.00 663455 27825 MELENDEZ, DANNI Aug 31, 2017 $4,831.00 663456 7064 MERCHANTS PRINTING & ENVELOPE Aug 31, 2017 $33.25 663457 1316 MICHELIN NORTH AMERICA INC Aug 31, 2017 $9,064.79 663458 5688 MOTION INDUSTRIES INC Aug 31, 2017 $318.70 663459 28806 MOUNTAIN VIEW FARMS & ECG CORP Aug 31, 2017 $787.77 663460 29391 NEW LIFE CENTER Aug 31, 2017 $1,894.00 663461 24279 O'REILLY AUTO PARTS Aug 31, 2017 $359.98 663462 6030 ORTIZ, TIM Aug 31, 2017 $275.35 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN\ 09120117 CC AGENDA PACKET PG 53 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663463 24029 PAYLESS TOWING Aug 31, 2017 $245.00 663464 6263 PENSINGER TRAILER RENTALS Aug 31, 2017 $1,944.95 663465 11272 PEOPLE FACTS LLC Aug 31, 2017 $40.23 663466 6376 PIONEER PAINT Aug 31, 2017 $3,178.22 663467 27911 PORTERVILLE FORD Aug 31, 2017 $455.10 663468 178 PRAXAIR DISTRIBUTION INC Aug 31, 2017 $264.84 663469 14734 PRORIDER INC Aug 31, 2017 $3,440.25 663470 26242 QUALITY FIRE TRUCK PARTS Aug 31, 2017 $239.12 663471 25313 R & A UPHOLSTERY Aug 31, 2017 $630.00 663472 17741 RAMIREZ, JOHNNY Aug 31, 2017 $98.63 663473 20713 RANDY'S TOWING Aug 31, 2017 $1,360.00 663474 3249 RAY GASKIN SERVICE INC Aug 31, 2017 $1,391.49 663475 6682 RAYMONDS TROPHY AND AWARDS Aug 31, 2017 $36.57 663476 6727 REFRIGERATION SUPPLIES DIST. INC Aug 31, 2017 $283.40 663477 28837 RICHARDS CRANE SERVICE LLC Aug 31, 2017 $1,470.00 663478 23176 RR DONNELLEY CO INC Aug 31, 2017 $724.18 663479 25220 SANDYS COMMUNICATIONS Aug 31, 2017 $2,225.44 663480 21489 SCP DISTRIBUTORS LLC Aug 31, 2017 $145.22 663481 25246 SIGLER INC Aug 31, 2017 $842.01 663482 19121 SIMPLEXGRINNELL Aug 31, 2017 $412.00 663483 7434 SMART & FINAL IRIS COMPANY Aug 31, 2017 $100.67 663484 1305 SMITH SYSTEM DRIVER IMPROVEMENT Aug 31, 2017 $3,092.68 663485 22473 SOILS ENGINEERING INC Aug 31, 2017 $27,430.00 663486 11907 SPARKLETTS /SIERRA SPRINGS Aug 31, 2017 $149.21 663487 18048 SUMMIT SUPPLY CORP OF COLORADO Aug 31, 2017 $446.88 663488 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Aug 31, 2017 $119.28 663489 29458 SUPERION, LLC Aug 31, 2017 $155.44 663490 29474 TASMARK ENTERPRISES Aug 31, 2017 $3,000.00 663491 276 TAYLOR EQUIPMENT & REPAIR, INC Aug 31, 2017 $171.60 663492 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Aug 31, 2017 $35.80 663493 25338 TEN EIGHT TOW INC Aug 31, 2017 $70.00 663494 7917 TESSCO Aug 31, 2017 $2,952.29 663495 19961 THE HON COMPANY -C /O STINSONS Aug 31, 2017 $912.31 663496 7999 THREE -WAY CHEVROLET Aug 31, 2017 $105.91 663497 22218 TOPETE, LUIS Aug 31, 2017 $587.44 663498 23837 TPX COMMUNICATIONS Aug 31, 2017 $2,999.54 663499 29008 TRITECH SOFTWARE SYSTEMS Aug 31, 2017 $1,260.00 663500 26735 TSANG, CHUEN Aug 31, 2017 $182.81 663501 20359 TURF STAR INC Aug 31, 2017 $300.73 663502 245 TURK'S KERN COPY INC Aug 31, 2017 $788.88 663503 26622 TYCO INTEGRATED SECURITY LLC Aug 31, 2017 $778.56 663504 584 ULINE SHIPPING SUPPLY Aug 31, 2017 $2,523.18 663505 8252 UNDERGROUND SERVICE ALERT INC Aug 31, 2017 $14,606.28 663506 8319 UNITED PARCEL SERVICE Aug 31, 2017 $12.23 663507 10428 UNITED REFRIGERATION INC Aug 31, 2017 $521.50 663508 27086 VALENTI, MARY Aug 31, 2017 $200.00 663509 8478 VALLEY DECAL INC Aug 31, 2017 $882.88 663510 8520 VALLEY POWER SYSTEMS, INC Aug 31, 2017 $3,937.44 663511 1286 V I PAINTING Aug 31, 2017 $6,240.29 663512 573 WAUSAU TILE Aug 31, 2017 $27,479.34 663513 28739 WESTAIR GASES & EQUIPMENT INC Aug 31, 2017 $52.69 663514 26447 WESTCOAST HYDRAULICS Aug 31, 2017 $1,032.48 663515 21212 WHITE CAP CONSTRUCTION SUPPLY Aug 31, 2017 $1,151.82 663516 20165 WILLDAN ENGINEERING Aug 31, 2017 $2,180.00 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN\ 09120117 CC AGENDA PACKET PG 54 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663517 28563 WILSONS INDUSTRIAL PUMP Aug 31, 2017 $77,595.03 663518 22612 YOON, PAUL Aug 31, 2017 $40.00 663519 18167 ZAP MANUFACTURING INC Aug 31, 2017 $4,529.60 663520 9244 ZEP MANUFACTURING COMPANY Aug 31, 2017 $445.56 663521 537 A T & T Aug 31, 2017 $691.52 663522 18484 A T & T Aug 31, 2017 $3,024.52 663523 537 A T & T Aug 31, 2017 $374.44 663524 18484 A T & T Aug 31, 2017 $164.75 663527 78 ADVANCED DISTRIBUTION CO Aug 31, 2017 $8,050.67 663528 12516 AIMS Aug 31, 2017 $1,597.98 663529 15775 ASSOCIATION OF CALIF AIRPORTS Aug 31, 2017 $110.00 663531 21172 BLACKHOLE TECHNOLOGIES INC Aug 31, 2017 $3,844.40 663534 1696 CALIFORNIA WATER SERVICE Aug 31, 2017 $67,307.12 663535 11937 CITY OF BAKERSFIELD Aug 31, 2017 $2,422.00 663536 11937 CITY OF BAKERSFIELD Aug 31, 2017 $2,076.00 663537 2214 COUNTY OF KERN Aug 31, 2017 $50.00 663538 2214 COUNTY OF KERN Aug 31, 2017 $50.00 663540 2901 FEDEX Aug 31, 2017 $435.46 663541 27866 FIRST AMERICAN TITLE COMPANY Aug 31, 2017 $56,357.00 663543 3028 FLOYDS GENERAL STORE Aug 31, 2017 $626.93 663544 13036 FRESNO CITY COLLEGE Aug 31, 2017 $220.00 663545 29137 GOH, KAREN Aug 31, 2017 $136.00 663546 29136 GONZALES, ANDRAE Aug 31, 2017 $136.00 663547 3450 GRANITE CONSTRUCTION INC Aug 31, 2017 $1,692,410.49 663550 7933 HOME DEPOT Aug 31, 2017 $1,554.75 663551 4677 KERN REFUSE DISPOSAL, INC Aug 31, 2017 $131,126.48 663552 24784 KLASSEN CORPORATION Aug 31, 2017 $312,883.29 663553 6114 PACIFIC GAS & ELECTRIC COMPANY Aug 31, 2017 $444.20 663554 28058 PARLIER, CHRIS Aug 31, 2017 $136.00 663557 27911 PORTERVILLE FORD Aug 31, 2017 $5,124.15 663558 27177 RIVERA, WILLIE Aug 31, 2017 $136.00 663560 27361 SC FUELS Aug 31, 2017 $23,955.54 663561 26820 SMITH, BOB Aug 31, 2017 $136.00 663562 7509 SOCALGAS Aug 31, 2017 $31.43 663563 7508 SOUTHERN CALIFORNIA EDISON CO. Aug 31, 2017 $581.06 663564 10335 SULLIVAN, JACQUIE Aug 31, 2017 $136.00 663566 96 TYACK TIRES INC Aug 31, 2017 $2,542.92 663568 14647 WAXIE SANITARY SUPPLY INC Aug 31, 2017 $4,940.76 663569 30002 MEDICAL EYE SERVICE COMPANY Aug 31, 2017 $5,078.06 663570 26810 RELIASTAR LIFE INSURANCE CO Aug 31, 2017 $3,683.17 663571 30027 U S BANK - PARS #6746022400 Aug 31, 2017 $5,569.83 663572 30029 UNITED CONCORDIA DENTAL PLANS OF CA Aug 31, 2017 $46,747.86 663573 30020 UNUM Aug 31, 2017 $5,254.25 663574 10158 ALEXANDER, SUSAN Sep 1, 2017 $40.53 663575 15461 ALVIDREZ, TONY M Sep 1, 2017 $42.50 663576 70267 AMERICAS BEST PLUMBING Sep 1, 2017 $500.00 663577 359 ANDERSON, ALLEN M Sep 1, 2017 $35.53 663578 10037 ANN SEPEDA Sep 1, 2017 $179.00 663579 11517 ANSON, GARY Sep 1, 2017 $42.50 663580 24927 ARRIBILLAGA, ROSEMARIE Sep 1, 2017 $42.50 663581 514 AUSTIN, MARK W Sep 1, 2017 $42.50 663582 541 AVALOS, JOHN Sep 1, 2017 $42.50 663583 15209 BERTRAND, FLOYD Sep 1, 2017 $42.50 663584 1111 BLACKBURN, CLEO Sep 1, 2017 $42.50 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\ 09120117 CC AGENDA PACKET PG 55 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663585 10037 BREHMER LAW CORP Sep 1, 2017 $268.38 663586 14224 BUXTON, DON Sep 1, 2017 $15.55 663587 1463 CADENA, JAKE Sep 1, 2017 $42.50 663588 1771 CARROLL, EUGENE J Sep 1, 2017 $42.50 663589 12236 COL URN, SCOTT Sep 1, 2017 $42.50 663590 15997 COLWELL, SHIRMEY A Sep 1, 2017 $15.55 663591 2224 CORE, FLORN R Sep 1, 2017 $42.50 663592 10697 CRAWFORD, KAREN Sep 1, 2017 $42.50 663593 10037 CSF Sep 1, 2017 $287.00 663594 2261 CUNNINGHAM, TERRY Sep 1, 2017 $35.53 663595 10037 DAVID AND DEL ROCIO QUIROZ Sep 1, 2017 $200.00 663596 2435 DE LAURIE, JERRY Sep 1, 2017 $42.50 663597 11430 DEEM, JEWELL Sep 1, 2017 $25.54 663598 10037 DELIA SHANDY Sep 1, 2017 $200.00 663599 25634 DIM ERG, LAUREN Sep 1, 2017 $10.56 663600 2630 DOYLE, MIKE Sep 1, 2017 $42.50 663601 2925 FIDLER, DENNIS Sep 1, 2017 $42.50 663602 11696 FRALEY, DEBORAH Sep 1, 2017 $42.50 663603 12742 GEORGE, PRESTON Sep 1, 2017 $42.50 663604 14964 GI SON, BOB G Sep 1, 2017 $42.50 663605 3360 GILL BURG, GEORGE Sep 1, 2017 $42.50 663606 70046 GREENFIELD COUNTY WATER DISTRICT Sep 1, 2017 $161.00 663607 3538 DUSTIN, WENDELL Sep 1, 2017 $18.05 663608 25970 HACKER, ROBERT Sep 1, 2017 $42.50 663609 11942 HALL, DENNIS Sep 1, 2017 $42.50 663610 16862 HEALTHCOMP INC Sep 1, 2017 $170.94 663611 3770 HERRERA, FRANK R Sep 1, 2017 $42.50 663612 10047 HILL TOP CLUB SERVICE INC Sep 1, 2017 $96.70 663613 11438 HUNTINGTON, LORRAINE Sep 1, 2017 $42.50 663614 10047 IN IT TO WIN IT Sep 1, 2017 $46.78 663615 24194 JOHNSON, CLARISSE Sep 1, 2017 $42.50 663616 27671 KELLER, MAXINE Sep 1, 2017 $42.50 663617 4435 KERN COUNTY CLERKS Sep 1, 2017 $700.00 663618 21175 KISBEY, KAREN Sep 1, 2017 $42.50 663619 29173 KOTENSKI, LAMIRL Sep 1, 2017 $3.06 663620 4931 KULLRICH, DAN Sep 1, 2017 $20.55 663621 12054 LIVERMORE, PATRICIA Sep 1, 2017 $15.55 663622 5163 LOPEZ, FRANK Sep 1, 2017 $42.50 663623 24061 MAHAFFEY, BOBBY Sep 1, 2017 $42.50 663624 10047 MAXWELL, MARK H Sep 1, 2017 $75.44 663625 28366 MINOR, TYLER Sep 1, 2017 $45.50 663626 10600 MOYER, MICKEY D. Sep 1, 2017 $42.50 663627 22464 MUNISERVICES Sep 1, 2017 $3,000.00 663628 10047 MUNOZ, FRANK Sep 1, 2017 $84.76 663629 5896 NEWTON, KENNETH RAY Sep 1, 2017 $42.50 663630 10047 NUNEZ, APOLINAR Sep 1, 2017 $47.35 663631 11448 O'KANE, CLYDE Sep 1, 2017 $42.50 663632 6022 ORTIZ, JULIO P. Sep 1, 2017 $15.55 663633 14352 OWEN, CAROL Sep 1, 2017 $20.55 663634 27975 OWEN, M ROSE Sep 1, 2017 $35.53 663635 11450 PAINTER, JULIA Sep 1, 2017 $42.50 663636 11451 PHILLIPS, SHIRLEY A Sep 1, 2017 $42.50 663637 10047 PIERCE, TED Sep 1, 2017 $70.02 663638 10047 RAILWORKS TRACK SYSTEMS INC Sep 1, 2017 $82.44 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\ 09120117 CC AGENDA PACKET PG 56 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663639 10047 RAINBOW BRITE INDUSTRIAL SERVI Sep 1, 2017 $227.41 663640 10047 REAGAN PARENT CLUB Sep 1, 2017 $16.53 663641 10047 REVELEZ, FERNANDO Sep 1, 2017 $271.59 663642 28060 ROBERTS, EMMA Sep 1, 2017 $42.50 663643 7357 SHERMAN, THOMAS Sep 1, 2017 $42.50 663644 7351 SHIRES, HENRY Sep 1, 2017 $42.50 663645 10047 SHULL, MICHAEL R Sep 1, 2017 $21.16 663646 7493 SNYDER,RHENDA Sep 1, 2017 $13.05 663647 20357 TEUTIMEZ, DONALD Sep 1, 2017 $42.50 663648 10047 THE ESTATE OF KLARKE CARL Sep 1, 2017 $80.70 663649 26861 TORRES, SHIRLEY Sep 1, 2017 $42.50 663650 24193 URSIN, MARGARET Sep 1, 2017 $42.50 663651 29174 VALLIANT, JOHN Sep 1, 2017 $30.54 663652 17940 VINCENT, LESLIE Sep 1, 2017 $42.50 663653 23357 WALCK, CORA Sep 1, 2017 $42.50 663654 10047 WHITE, NORMA L Sep 1, 2017 $27.68 663655 9012 WILLIAMS, CATHRYN L. Sep 1, 2017 $10.56 663656 15380 WILLIAMS, ISABEL Sep 1, 2017 $42.50 663657 9052 WISHAM, DARLENE Sep 1, 2017 $42.50 663658 28488 WOOD, VICTORIA Sep 1, 2017 $68.25 663659 10047 BRIDGES TO WELLNESS Sep 1, 2017 $352.40 663660 10047 GAEDE, REBECCA Sep 1, 2017 $436.74 663661 10047 MARK WATTENBARGER CONST -MAWC Sep 1, 2017 $643.09 663662 10047 STEVEN LEWIS INVESTMENTS Sep 1, 2017 $417.28 663663 10047 WOOD MASTERS CONSTRUCTION INC Sep 1, 2017 $128.72 663664 28 A C ELECTRIC COMPANY Sep 7, 2017 $8,532.01 663665 534 A T & T Sep 7, 2017 $75.00 663666 28764 ABM ONSITE SERVICE - WEST INC Sep 7, 2017 $769.59 663667 25208 ACCESS CONTROLS INC Sep 7, 2017 $368.00 663668 28831 ADVANCED INDUSTRIAL SERVICES Sep 7, 2017 $553.92 663669 17612 ADVANCED TRAINING SYSTEMS Sep 7, 2017 $14,525.00 663670 21341 AEG MANAGEMENT BAKERSFIELD LLC Sep 7, 2017 $70,000.00 663671 12516 AIMS Sep 7, 2017 $33,771.33 663672 18426 ALBERTSON, KEVIN Sep 7, 2017 $106.25 663673 19696 ALEMAN, KIM Sep 7, 2017 $72.23 663674 24462 ALIANZA RECYCLING & RECOVERY LLC Sep 7, 2017 $91.30 663675 160 ALL THAT LETTERING SIGN COMPNY Sep 7, 2017 $180.44 663676 20182 ALON ASPHALT BAKERSFIELD INC Sep 7, 2017 $5,968.15 663677 28369 ALVAREZ, LUIS Sep 7, 2017 $63.00 663678 987 AMERICAN FABRICATION Sep 7, 2017 $6,000.00 663679 18201 ANIMAL EMERGENCY & URGENT CARE INC Sep 7, 2017 $60.00 663680 20521 ARIES INDUSTRIES INC Sep 7, 2017 $1,534.34 663681 18417 ATTORNEYS CERTIFIED SERVICES Sep 7, 2017 $148.50 663682 652 BACSCO Sep 7, 2017 $548.32 663683 646 BAKER, BOBBY Sep 7, 2017 $405.00 663684 675 BAKERSFIELD CALIFORNIAN Sep 7, 2017 $1,755.80 663685 971 BAKERSFIELD PLUMBING CO INC Sep 7, 2017 $3,219.46 663686 841 BAKERSFIELD RUBBER STAMP CO Sep 7, 2017 $566.54 663687 11248 BANKS PEST CONTROL Sep 7, 2017 $520.00 663688 557 BARC Sep 7, 2017 $152.80 663689 945 BARNETT'S TOWING SERVICE INC Sep 7, 2017 $105.00 663690 29350 BEST SMOG & TUNE UP Sep 7, 2017 $59.75 663691 28231 BIG BRAND TIRE & SERVICE Sep 7, 2017 $518.42 663692 23444 BILLINGSLEY, MATTHEW Sep 7, 2017 $119.00 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\ 09120117 CC AGENDA PACKET PG 57 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663693 21172 BLACKHOLE TECHNOLOGIES INC Sep 7, 2017 $2,192.76 663694 15538 BOLLES NURSERY LANDSCAPE Sep 7, 2017 $247.19 663695 1249 BRANDCO Sep 7, 2017 $1 19.89 663696 1271 BROOKS TRAILER Sep 7, 2017 $290.40 663697 10267 BUDGET BOLT INC Sep 7, 2017 $381.49 663698 22565 BURTCH CONSTRUCTION INC Sep 7, 2017 $71,176.32 663699 1470 CALIFORNIA BUILDING OFFICIALS Sep 7, 2017 $780.00 663700 28603 CALIFORNIA FUELS & LUBRICANTS Sep 7, 2017 $17,537.36 663701 11655 CALIFORNIA MUNICIPAL STATISTIC Sep 7, 2017 $500.00 663702 1695 CALIFORNIA WATER SERVICE CO Sep 7, 2017 $139,776.00 663703 1747 CAPRIOLI, PATRICK Sep 7, 2017 $969.60 663704 29478 CAROL JANE BUFORD & MILTON BUFORD Sep 7, 2017 $315.85 663705 27074 CEN -CAL CONSTRUCTION INC Sep 7, 2017 $37,170.76 663706 1888 CHAMPION HARDWARE Sep 7, 2017 $164.10 663707 14931 CHEM PRO LABORATORY INC Sep 7, 2017 $300.00 663708 29425 CJEN INC Sep 7, 2017 $6,900.00 663709 2050 CLIFFORD & BROWN Sep 7, 2017 $13,893.50 663710 2115 COMMUNICATIONS ENTERPRISES Sep 7, 2017 $1,500.00 663711 27509 CONTRERAS, ANGEL Sep 7, 2017 $210.00 663712 12281 COTTLE, MIKE Sep 7, 2017 $150.00 663713 2245 CROCKER JANITORIAL SUPPLY CO Sep 7, 2017 $1,765.88 663714 2253 CULLIGAN WATER CONDITIONING Sep 7, 2017 $10.35 663715 27218 CUMMINS PACIFIC LLC Sep 7, 2017 $3,528.24 663716 25337 DAVES FLEET MAINT & TOWING INC Sep 7, 2017 $70.00 663717 24213 DIAMOND H HAULING Sep 7, 2017 $175.00 663718 25742 DISCOUNT RADIATOR CENTER Sep 7, 2017 $3,106.94 663719 2613 DOUGLASS TRUCK BODIES INC Sep 7, 2017 $1,933.35 663720 26425 EICHNER, LAWRENCE Sep 7, 2017 $60.00 663721 2752 ELBERT DISTRIBUTING Sep 7, 2017 $41.02 663722 25558 ELROD, STEPHEN Sep 7, 2017 $244.42 663723 2811 ENTENMANN ROVIN CO Sep 7, 2017 $624.56 663724 26951 EQUARIUS WATERWORKS Sep 7, 2017 $18,549.90 663725 2830 EWING IRRIGATION PRODUCTS Sep 7, 2017 $85.53 663726 2901 FEDEX Sep 7, 2017 $60.32 663727 19657 FIRST CHOICE SERVICES INC Sep 7, 2017 $432.43 663728 25339 FLEET SERVICES TOWING INC Sep 7, 2017 $140.00 663729 27788 FLOW N CONTROL INC Sep 7, 2017 $18,412.80 663730 3028 FLOYDS GENERAL STORE Sep 7, 2017 $354.20 663731 13036 FRESNO CITY COLLEGE Sep 7, 2017 $2,530.00 663732 29018 FRUITVALE AUTOMOTIVE Sep 7, 2017 $1,662.04 663733 3213 GALLS, LLC Sep 7, 2017 $45.90 663734 23693 GEOGRAPHIC TECHNOLOGIES GROUP Sep 7, 2017 $1,890.00 663735 3333 GERMANETTI, JOHN Sep 7, 2017 $306.00 663736 18722 GLO ALSTAR USA INC Sep 7, 2017 $69.40 663737 3450 GRANITE CONSTRUCTION INC Sep 7, 2017 $117,331.31 663738 3450 GRANITE CONSTRUCTION INC Sep 7, 2017 $369,888.33 663739 3458 GREAT PACIFIC EQUIPMENT INC Sep 7, 2017 $222.10 663740 24247 DREGS PETROLEUM SERVICES INC Sep 7, 2017 $128.44 663741 3569 H & S BODY WORKS & TOWING Sep 7, 2017 $110.00 663742 20920 HARVICK, MATT Sep 7, 2017 $20.80 663743 29479 HCAA MEDICAL GROUP PA Sep 7, 2017 $85.00 663744 28336 INDUSTRIAL SAFETY SUPPLY CORP Sep 7, 2017 $184.53 663745 25973 INNOVYZE INC Sep 7, 2017 $15,500.00 663746 20795 IPC USA INC Sep 7, 2017 $44,249.64 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN\ 09120117 CC AGENDA PACKET PG 58 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663747 26694 JACOBSEN WEST Sep 7, 2017 $45.51 663748 28989 K & I SERVICES INC Sep 7, 2017 $9,834.00 663749 26914 KAHANIC, NICHOLAS Sep 7, 2017 $60.00 663750 13378 KERN CHARTER SERVICE INC Sep 7, 2017 $168.92 663751 4500 KERN COUNTY FIRE DEPARTMENT Sep 7, 2017 $50,583.25 663752 4581 KERN ELECTRIC DISTRIBUTORS Sep 7, 2017 $723.03 663753 4677 KERN REFUSE DISPOSAL, INC Sep 7, 2017 $1,366,568.77 663754 4875 KNIGHTS PUMPING & PORTABLE SVC INC Sep 7, 2017 $384.15 663755 12552 KURB KUT Sep 7, 2017 $1,249.00 663756 14219 L A GRINDING INC Sep 7, 2017 $35.00 663757 22408 LEHR AUTO ELECTRIC Sep 7, 2017 $2,380.95 663758 28755 LEVEL 3 COMMUNICATIONS LLC Sep 7, 2017 $1,337.72 663759 1030 LEXISNEXIS MATTHEW BENDER & CO Sep 7, 2017 $303.17 663760 20228 LINCOLN COMMERCIAL POOL EQUIP INC Sep 7, 2017 $606.33 663761 15945 LOPEZ, REBECA Sep 7, 2017 $100.27 663762 16016 MCINTOSH & ASSOCIATES Sep 7, 2017 $18,205.00 663763 23584 MEADORS, JASON Sep 7, 2017 $617.04 663764 15647 MENDENHALL, TERRY Sep 7, 2017 $125.00 663765 19252 MEYER CIVIL ENGINEERING INC Sep 7, 2017 $17,385.00 663766 26501 MFASCO HEALTH & SAFETY Sep 7, 2017 $100.25 663767 24077 MICHEL AUTO TECH Sep 7, 2017 $1,297.43 663768 1316 MICHELIN NORTH AMERICA INC Sep 7, 2017 $5,955.42 663769 5510 MID TERM INC Sep 7, 2017 $586.93 663770 28768 MKN & ASSOCIATES INC Sep 7, 2017 $6,645.79 663771 28454 MORMASTRO TRANSPORTAT INC Sep 7, 2017 $7,000.00 663772 29249 MOTOR VEHICLE NETWORK Sep 7, 2017 $812.00 663773 22058 NET TRANSCRIPTS, INC. Sep 7, 2017 $363.20 663774 20361 NOSSAMAN LLP Sep 7, 2017 $8,150.66 663775 28855 ONSUREZ AUTO UPHOLSTERY & COLLISION Sep 7, 2017 $348.00 663776 6030 ORTIZ, TIM Sep 7, 2017 $118.35 663777 28567 PRESORT CENTER OF FRESNO LLC Sep 7, 2017 $937.83 663778 26997 PROVOST & PRITCHARD CONSULTING INC Sep 7, 2017 $23,680.39 663779 20229 QUALITY CODE PUBLISHING LLC Sep 7, 2017 $2,573.48 663780 6653 RAIN FOR RENT INC Sep 7, 2017 $2,917.99 663781 24266 RANDALL, DOUGLAS Sep 7, 2017 $407.58 663782 28480 READY REFRESH Sep 7, 2017 $381.72 663783 29257 RIVERA, FRANCISCO Sep 7, 2017 $63.00 663784 18072 SAFETY TEK INDUSTRIES INC Sep 7, 2017 $1,410.00 663785 27361 SC FUELS Sep 7, 2017 $22,422.55 663786 26203 SIERRA CONST & EXCAVATION INC Sep 7, 2017 $16,019.21 663787 19121 SIMPLEXGRINNELL Sep 7, 2017 $551.55 663788 18005 SLATER PLUMBING & MECHANICAL Sep 7, 2017 $5,646.88 663789 7445 SMITH, NELSON Sep 7, 2017 $149.80 663790 25239 SMITH, TAMIA Sep 7, 2017 $106.00 663791 27951 SOLENIS LLC Sep 7, 2017 $50,089.61 663792 29477 SOTO, TOMAS Sep 7, 2017 $125.00 663793 11907 SPARKLETTS/SlERRA SPRINGS Sep 7, 2017 $355.07 663794 16685 STIERN VETERINARY HOSPITAL Sep 7, 2017 $1,126.37 663795 26369 T Y LIN INTERNATIONAL INC Sep 7, 2017 $2,980.54 663796 28832 T-MOBILE USA Sep 7, 2017 $902.00 663797 28978 TALHELM, MASON Sep 7, 2017 $125.00 663798 29053 TATES JANITORIAL SERVICE Sep 7, 2017 $4,058.33 663799 7878 TELECOM LAW FIRM PC Sep 7, 2017 $1,970.00 663800 28733 TELELANGUAGE INC Sep 7, 2017 $492.03 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\ 09120117 CC AGENDA PACKET PG 59 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 8/25/2017 to 9/07/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 663801 17175 THYSSENKRUPP ELEVATOR INC Sep 7, 2017 $1,296.99 663802 10012 TRAYNOR, SHARON E Sep 7, 2017 $1,980.00 663803 245 TURK'S KERN COPY INC Sep 7, 2017 $827.85 663804 96 TYACK TIRES INC Sep 7, 2017 $1,011.66 663805 15212 U.S. BEHAVIORAL HEALTH PLAN Sep 7, 2017 $1,124.97 663806 26915 VALENZUELA, JULIAN Sep 7, 2017 $444.85 663807 26060 VANGUARD CLEANING SYSTEMS INC Sep 7, 2017 $1,035.00 663808 25736 VIATRON SYSTEMS INC Sep 7, 2017 $1,600.00 663809 15482 VULCAN MATERIALS CO Sep 7, 2017 $114,955.79 663810 5158 W M LYLES COMPANY Sep 7, 2017 $318,007.75 663811 29480 WAL-MART STORES INC C/O BANK OF AME Sep 7, 2017 $109,272.72 663812 13233 WALKER-LEWIS RENTS Sep 7, 2017 $2,383.95 663813 29080 WALKLEY, KORIE Sep 7, 2017 $40.30 663814 15609 WALKLEY, MICHAEL Sep 7, 2017 $103.84 663815 26512 WEI KOO Sep 7, 2017 $10,318.77 663816 23378 WEST COAST COMMUNITY BUILDERS Sep 7, 2017 $255,803.60 663817 8936 WESTERN EXTERMINATOR COMPANY Sep 7, 2017 $900.00 663818 18790 WINSTON WATER SERVICES Sep 7, 2017 $845.00 663819 29482 ZUNIGA, HECTOR Sep 7, 2017 $1,150.00 663820 28860 A T & T Sep 7, 2017 $15,422.15 663824 78 ADVANCED DISTRIBUTION CO Sep 7, 2017 $39,546.31 663825 12516 AIMS Sep 7, 2017 $913.50 663827 23588 ALUMINUM CHUCK WAGON Sep 7, 2017 $9,808.60 663828 29408 AMPCO CONTRACTING INC Sep 7, 2017 $232,975.37 663829 10199 BAKERSFIELD CITY EMPLOYEE Sep 7, 2017 $4,280.00 663830 19113 BRANSON, DARRIN Sep 7, 2017 $2,340.00 663832 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Sep 7, 2017 $13,909.70 663836 1696 CALIFORNIA WATER SERVICE Sep 7, 2017 $108,190.07 663837 1696 CALIFORNIA WATER SERVICE Sep 7, 2017 $844.12 663838 11937 CITY OF BAKERSFIELD Sep 7, 2017 $104,405.43 663840 2050 CLIFFORD & BROWN Sep 7, 2017 $3,257.17 663842 24854 DEWEY PEST CONTROL INC Sep 7, 2017 $812.00 663843 2714 EAST NILES COMMUNITY SERVICES Sep 7, 2017 $243.34 663846 3358 GILLIAM & SONS INC Sep 7, 2017 $102,340.90 663850 7933 HOME DEPOT Sep 7, 2017 $3,458.97 663851 28834 INTERIOR DEMOLITION, INC Sep 7, 2017 $167,362.00 663852 4429 KERN COUNTY AUDITOR CONTROLLER Sep 7, 2017 $754.00 663853 24784 KLASSEN CORPORATION Sep 7, 2017 $65,378.20 663855 15624 LOWE'S HOME IMPROVEMENT Sep 7, 2017 $2,445.74 663856 28859 MILL CREEK VILLAGE CIC, LP Sep 7, 2017 $790,000.00 663857 6114 PACIFIC GAS & ELECTRIC COMPANY Sep 7, 2017 $2,423.26 663858 7096 SJVAPCD Sep 7, 2017 $1,312.00 663859 7509 SOCALGAS Sep 7, 2017 $263.44 663860 17986 SPRINT/NEXTEL COMMUNICATIONS Sep 7, 2017 $825.70 663861 17986 SPRINT/NEXTEL COMMUNICATIONS Sep 7, 2017 $2,388.37 663862 8611 VAUGHN WATER CO., INC. Sep 7, 2017 $42.37 663863 20601 VERIZON WIRELESS Sep 7, 2017 $25.02 663864 20601 VERIZON WIRELESS Sep 7, 2017 $673.18 663865 20601 VERIZON WIRELESS Sep 7, 2017 $1,604.53 663866 20601 VERIZON WIRELESS Sep 7, 2017 $25.02 9993905 10199 BAKERSFIELD CITY EMPLOYEE Aug 25, 2017 $191,355.00 9993906 24821 DEPARTMENT OF THE TREASURY Aug 25, 2017 $1,202.61 9993907 30014 EMPLOYMENT DEVELOPMENT DEPT Aug 25, 2017 $198,128.81 9993908 10217 1 C M A RETIREMENT TRUST-303749 Aug 25, 2017 $54,409.68 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\ 09120117 CC AGENDA PACKET PG 60 9/8/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I I FROM 8/75/7017t09/07/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 9993909 30010 IRS Aug 25.2017 $637.875.51 9993910 16863 NATIONWIDE RETIREMENT SOLUTIONS Aug 25.2017 $104.530.86 9993911 20SAAVANTAGEPD|NT TRANSFER AGENTS {%D Aug 25.2017 $38.423.92 9993919 1020S STATE DFCALIF PERS Aug 30.2017 $1.730.718D0 9993921 25S03 BANK DFAMERICA Aug 31.2017 $113.079.76 9993922 10206 STATE DFCALIF PERS Aug 31.2017 $882.913.80 9993923 11811 WELLS FARGDBANK Aug 31.2017 $89.988.20 9993924 30022 IRS /FDRF Aug 31.2017 $191D0 9993925 30028 BLUE SHIELD DFCALIFORNIA Sep 1.2017 $508.459.85 9993926 30021 KA|SERPERK8ANENTE Sep 1.2017 $193.814.27 9993928 13708 U S BANK TRUST NA Sep 1.2017 $2.416.900D1 9993931 2S888 WILMINGTON TRUST N.A. Sep 1.2017 $2.339.023.88 9993932 1370AUS BANK TRUST NA Sep 5.2017 $9.751.937.50 9993933 30025 STATE DISBURSEMENT UNIT Sep 7, 2017 $20.142.66 9993934 11811 WELLS FARGDBANK Sep 7.2017 $141.041.54 S:\Accounting\RobertZ\Admin CounciK2017\COUNC|L-ADM|N\ 09120117 CC AGENDA PACKET PG 61 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 8/25/2017 to 9/07/2017 E- Payable Vendor E- Payable Number Number Vendor Name Date E- Payable Amount 13994 63 ACE HYDRAULIC SALES & SERVICE Aug 31, 2017 $1,726.18 13995 29 AFFINITY TRUCK CENTER Aug 31, 2017 $5,524.15 13996 152 ALL AUTOMATIC TRANSMISSION SER Aug 31, 2017 $2,443.28 13997 180 AMBER CHEMICAL INC Aug 31, 2017 $5,620.54 13998 8530 AMERIPRIDE UNIFORM SERVICES Aug 31, 2017 $918.21 13999 576 B & B SURPLUS Aug 31, 2017 $47.89 14000 611 B S & E COMPANY INC Aug 31, 2017 $1,668.92 14001 1037 BERCHTOLD EQUIPMENT CO Aug 31, 2017 $64.47 14002 1163 BLUEPRINT SERVICE CO Aug 31, 2017 $1,704.62 14003 18753 BRIDGEPORT TRUCK MANUFACTURING Aug 31, 2017 $1,898.35 14004 17239 CENTRAL VALLEY OCCUPATIONAL INC Aug 31, 2017 $110.00 14005 21220 CLEAN ENERGY INC Aug 31, 2017 $39,105.00 14006 5147 COASTLINE EQUIPMENT Aug 31, 2017 $2,263.91 14007 2162 CONSOLIDATED ELECTRICAL DIST INC Aug 31, 2017 $2,218.16 14008 13912 DIRECT SAFETY SOLUTIONS INC Aug 31, 2017 $351.22 14009 2757 ELECTRIC MOTOR WORKS INC Aug 31, 2017 $312.13 14010 14055 FAST UNDERCAR LLC Aug 31, 2017 $5,204.46 14011 2874 FERGUSON ENTERPRISES INC Aug 31, 2017 $1,772.20 14012 21739 GOLDEN EMPIRE TOWING INC Aug 31, 2017 $1,690.00 14013 18263 HUB CONSTRUCTION SPECIALTIES INC Aug 31, 2017 $30.30 14014 4171 JERRY & KEITHS INC Aug 31, 2017 $10,905.21 14015 1390 JIM BURKE FORD Aug 31, 2017 $3,364.47 14016 4178 JIM BURKE LINCOLN MERCURY Aug 31, 2017 $1,022.56 14017 15694 JIMS TOWING INC Aug 31, 2017 $240.00 14018 24086 MAR -CO EQUIPMENT CORP Aug 31, 2017 $355.41 14019 453 MUNICIPAL MAINTENANCE EQUIP INC Aug 31, 2017 $161.17 14020 6555 QUINN COMPANY INC Aug 31, 2017 $541.22 14021 12665 SAN JOAQUIN FENCE & SUPPLY Aug 31, 2017 $289.65 14022 19584 SMITH & SON TIRE INC Aug 31, 2017 $7,225.68 14023 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Aug 31, 2017 $2,974.27 14024 7670 STEWART ELECTRIC SUPPLY Aug 31, 2017 $481.34 14025 7685 STINSON STATIONERS Aug 31, 2017 $5,613.86 14026 7728 SULLY & SON HYDRAULICS INC Aug 31, 2017 $2,715.67 14027 7840 TALLEY COMMUNICATIONS CO INC Aug 31, 2017 $379.27 14028 13646 UNITED ROTARY BRUSH CORP Aug 31, 2017 $6,691.13 14029 9010 WILLIAMS CLEANING SYSTEMS INC Aug 31, 2017 $414.12 14030 57 ABATE A WEED Sep 7, 2017 $255.17 14031 29 AFFINITY TRUCK CENTER Sep 7, 2017 $4,966.00 14032 152 ALL AUTOMATIC TRANSMISSION SER Sep 7, 2017 $475.00 14033 8530 AMERIPRIDE UNIFORM SERVICES Sep 7, 2017 $6,511.64 14034 575 B C LABORATORIES Sep 7, 2017 $276.00 14035 611 B S & E COMPANY INC Sep 7, 2017 $2,330.01 14036 1037 BERCHTOLD EQUIPMENT CO Sep 7, 2017 $90.06 14037 1163 BLUEPRINT SERVICE CO Sep 7, 2017 $1,540.56 14038 18753 BRIDGEPORT TRUCK MANUFACTURING Sep 7, 2017 $830.96 14039 1558 CALIFORNIA INDUSTRIAL RUBBER Sep 7, 2017 $1,322.16 14040 20747 CENTRAL SANITARY SUPPLY INC Sep 7, 2017 $206.29 14041 17239 CENTRAL VALLEY OCCUPATIONAL INC Sep 7, 2017 $2,526.59 14042 21220 CLEAN ENERGY INC Sep 7, 2017 $12,627.96 14043 5147 COASTLINE EQUIPMENT Sep 7, 2017 $94.55 14044 2162 CONSOLIDATED ELECTRICAL DIST INC Sep 7, 2017 $1,127.22 14045 13912 DIRECT SAFETY SOLUTIONS INC Sep 7, 2017 $2,679.28 14046 2757 ELECTRIC MOTOR WORKS INC Sep 7, 2017 $1,185.76 14047 27459 EVOQUA WATER TECHNOLOGIES Sep 7, 2017 $846,390.69 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN\ 09120117 CC AGENDA PACKET PG 62 9/8/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 8/25/2017 to 9/07/2017 E- Payable Vendor E- Payable Number Number Vendor Name Date E- Payable Amount 14048 14055 FAST UNDERCAR LLC Sep 7, 2017 $5,134.94 14049 2874 FERGUSON ENTERPRISES INC Sep 7, 2017 $8,005.87 14050 21739 GOLDEN EMPIRE TOWING INC Sep 7, 2017 $590.00 14051 3570 HAAKER EQUIPMENT COMPANY Sep 7, 2017 $178.47 14052 4171 JERRY & KEITHS INC Sep 7, 2017 $2,861.09 14053 1390 JIM BURKE FORD Sep 7, 2017 $6,137.80 14054 15694 JIMS TOWING INC Sep 7, 2017 $375.00 14055 2267 L N CURTIS & SONS Sep 7, 2017 $2,474.94 14056 453 MUNICIPAL MAINTENANCE EQUIP INC Sep 7, 2017 $102.14 14057 6205 PAVEMENT RECYCLING SYSTEMS INC Sep 7, 2017 $34,240.00 14058 12665 SAN JOAQUIN FENCE & SUPPLY Sep 7, 2017 $8,776.25 14059 28661 SERVEXO PROTECTIVE SERVICES Sep 7, 2017 $14,085.19 14060 15868 TEL TEC SECURITY SYSTEM INC Sep 7, 2017 $130.00 $1,086,576.61 $30,144,772.65 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN\ 09120117 CC AGENDA PACKET PG 63 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Ordinances c. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 8/25/2017 iTiff-11 1.1 SUBJECT: Adoption of an ordinance amending Bakersfield Municipal Code Section 1.12.030 by adding Annexation No. 671 consisting of 30,001 square feet located along the south side of Norris Road, generally east of Calloway Drive and Annexation No. 674 consisting of 1.15 acres located along the south side of Rosedale Highway, approximately 500 feet west of Patton Way to Ward 3. (FR 09106117) Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on September 6, 2017. The ordinance amends the Ward boundaries to include the properties described below into Ward 3. Project Summary: Annexation No. 671 (Norris No. 1) includes a 30,001 square foot parcel and road right-of-way along the south side of Norris Road, generally east of Calloway Drive. The project site is designated SR (Suburban Residential) by Metropolitan Bakersfield General Plan and zoned R-1 (One Family Dwelling). Currently, there is a single-family residence on the site. The property owner, Smith Efada, requested annexation with the intent of demolishing the home site and subdividing the property to create three lots for future single-family development purposes. Adoption of the requested ordinance adds this property into Ward 3. Annexation No. 674 (Rosedale No. 12) includes an 1.15 acre parcel and road right-of-way along the south side of Rosedale Highway, approximately 500 feet west of Patton Way. The project site is designated Sl (Service Industrial) by Metropolitan Bakersfield General Plan and zoned M- 2 (General Manufacturing). The property owners, ThuHoa Thi Nguyen and Mau Thanh Vu, requested annexation for development purposes and to receive City services. Future plans include the construction and operation of a furniture store on the project site. Adoption of the requested ordinance will add this property into Ward 3. IV ,&[VffJWLqMA F-11 i all M I ��i 14 Ll k &I Description Type Oir6naince Adopting Mird IBOauinda iry Wth ExhHNts Ordnance MI SMA ,M[VjjWL ORDINANCE NO. AN ORDINANCE AMENDING BAKERSFIELD MUNICIPAL CODE SECTION 1.12.030 BY ADDING ANNEXATION NO. 671 AND ANNEXATION NO. 674 TO WARD 3. WHEREAS, the Local Agency Formation Commission (LAFCo) adopted a resolution for Annexation No. 671 and 674 recently ordering the territory annexed to the City of Bakersfield; and WHEREAS, the territory ordered to be annexed to the City of Bakersfield is required to be within a City Council Ward Boundary; and WHEREAS, the LAFCo recently completed the annexation for the territory to the City of Bakersfield, the exterior boundaries of Annexation Nos. 671 and 674 which are described in the attached Exhibit "A" and shown on the maps in Exhibit "B ", attached hereto and incorporated as though fully set forth herein. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield Section 1. All of the foregoing recitals are hereby found to be true and correct. Section 2. Annexation No. 671 shall be included in Ward 3. Section 3. Annexation No. 674 shall be included in Ward 3. Section 4. Section 1. 12.030 of the Bakersfield Municipal Code is hereby amended by adding thereto the legal descriptions set forth in Exhibit "A ". Section 5. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective upon the annexation of the above - described territory to the City of Bakersfield, but not less than thirty (30) days from and after the date of its passage. --- - - - - -- 000-- - - - - -- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER KAREN GOH Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Attachments: EXHIBIT "A" - Legal Description. EXHIBIT "B" - Map. 2 EXHIBITS A & B ANNEXATION NO. 671 (NORRIS NO. 1) Ml MMA EXHIBIT "A" ANNEXATION NO. 671 NORRIS ROAD NO. 1 TO THE CITY OF BAKERSFIELD CSA 71 DETATCHMENT In REORGANIZATION THE SOUTH 100.00 FEET OF THE NORTH 145.00 FEET OF THE EAST 300.00 FEET Of THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION& 81, TOWNSHIP 29 SOUTH, RANGE 27 EAST M.D.M., KERN COUNTY, CALIFORNIA, BEING: MORE PARTICULARLY DESCRIBED AS FOLLOWS:: ' Commen, c1ng, at the Northeast corner of said West half of the East half of the Southwest Quarter, from which point the Northeast comer of said Southwest Quarter bears S8.805439"E, 66,0.59 feet; thence S0035'24"W along, the East line of said., West half, 45.00 feet, to the True Point of Beginning, being, a point on thy; existing City, of Bakersfield boundary, per Annexation No. 307, "Rancho Laborde"; thence aj-'Ongx-vald City boundary the following three courses (1); S0 -035!24"W,;, 100,.-00 ie,6t, (2) N8805439W, 300.01 feet and NOP3$24"E, 100.00 feet to c7-,point on the South line of the North 45.00 feet of said Southwest Quarter; thence (4) S8805439"E along said South line, 300.01 feet to the True Point of Beginning. Containing 30,001 square feet, more or less. Date: September 20, 2016 JL MARTER AND ASSOCIATES M ames K. Delmarter RCE#17564 CHECKED by KERN COUNTY SURVEYOR'S OFFICE Date-- Approved by �y PARCEL B ;t1 P.M.W. 07 -1750 \ APN 484- 041 -23 Z 3)N00.'24•E 10f L > Rl v m A F m > o Z Z p o w 0 2 X I N ;a 0 >0 t m o z Mm r° D m O co z 30' 30, t r o 0 �+ m m c m 0 J Z m al 1)50035'24x( too.i Soi'o5.'21•W216,00' Z I s m p �i C nn S # REOfSIf = � m 'o sA g m nt y �Ly"� ••c � p•.vc i r Y 0 m o y CAILOWAY DRIVE Z FOREST PARK STREET �i ` a. v Lep f COFFEE ROAD 0 S 46' 4b' T 11� N I L� 09120117 CC AGENDA PACKET PG 7 FOREST PARK STREET � z o A U) � b O D n c Z p I m0zn x 'I r+m mU) Z D D O x z U) rri A = J C x° D �t W DZ ZDZD 00 0 7\ Z o Z m Z ' °zO� ° • s m 09120117 CC AGENDA PACKET PG 7 EXHIBITS A & B ANNEXATION NO. 674 (ROSEDALE NO. 12) /. ,MVIJMLqMA .a EXHIBIT "A" ANNEXATION No. 674 ROSEDALE No. 12 TO THE CITY OF BAKERSFIELD DETACHMENT " " CSA 71 REORGANIZATION THAT PORTION OF LAND AS DESCRIBED IN GRANT DEED RECORDED JULY 24, 2007 AS DOCUMENT NO. 0207153126 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING SITUATED IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE CENTERLINE INTERSECTION OF ROSEDALE HIGHWAY (FORMERLY STATE RTE VI- KER -58) AND PATTON WAY (COUNTY ROAD NO. 1269 & 2964); THENCE ALONG THE NORTH LINE OF SAID SECTION 28, NORTH 89 046'45" WEST, A DISTANCE OF 384.46 FEET TO THE POINT OF BEGINNING; THENCE (1) SOUTH 00 °13'56" WEST, A DISTANCE OF 660.82 FEET TO THE SOUTHEAST CORNER OF A.P.N. NO. 368- 060-14; THENCE (2) NORTH 89 °46'45" WEST PARALLEL TO SAID NORTH LINE OF SECTION 28 AND ALONG THE SOUTH LINE OF SAID A.P.N. NO. 368-060-14, A DISTANCE OF 67.43 FEET, TO THE SOUTHEAST CORNER OF ANNEXATION No. 413; THENCE ALONG THE EAST LINE OF SAID ANNEXATION NO. 413 BOUNDARY (ALSO BEING THE WEST LINE OF A.P.N. NO. 368-060-14), THE FOLLOWING 5 COURSES: THENCE (3) NORTH 00 °13'56" EAST, A DISTANCE OF 525.82 FEET; THENCE (4) NORTH 89 °46'45" WEST, A DISTANCE OF 4.11 FEET; THENCE (5) NORTH 00 °13'56" EAST, A DISTANCE OF 10.00 FEET; THENCE (6) SOUTH 89 °46'45" EAST, A DISTANCE OF 4.11 FEET; THENCE (7) NORTH 00 °13'56" EAST, A DISTANCE OF 205.00 FEET TO A POINT LYING ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF SAID ROSEDALE HIGHWAY, ALSO BEING THE NORTHEAST CORNER OF SAID ANNEXATION No. 413; THENCE (8) SOUTH 89 °46'35" EAST ALONG SAID NORTH RIGHT- OF-WAY LINE AND ALONG A LINE LYING 80.00 FEET NORTHERLY AND PARALLEL TO SAID NORTH LINE OF SECTION 28, A DISTANCE OF 67.43 FEET; THENCE (9) SOUTH 00 013'56" WEST, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING CONTAINING 1.15 ACRES, MORE OR LESS CHECKED by KERN COUNTY SURVEYOR'S OFFICE Date V 1a3 //7 AL ved by 7 - /. as .a m__r_---- --__ -- s- �- _W-- W- rr___`_- ___'____"____W = =� ®__ _ -° __- ___________________ I I j. COFFEE ROAD I I I I I I I I I I I I I I I I I I I j I I I E I I I I I I I j I I I 1 I 1 I I I 11 I� I I 1 1 I I 1 1 I I I I I I I I I IEP I I I I -- - - -1 I I I I I I I ANHEYAnaH H0. a93 99 i _.... _..,. S a: Ha- — — ...... — — I _ — — —I I 1 y I I I I I j c7Y OF a (sY B -WO-93 I I I y i i �i7 � 1 1 1 1 -� __ I I I I I I I I I I o I $ I I I I IR \ i t I 11 I I I I I I I I I QI I I I II I k I I I I I I I I I I Qo I I I I Cg1N1Y I I II I I I I I I 1 � � l i I I I II ---` I l ❑�. t8t ; 1 1 I I I I I I I I I 1 I I �gg I I - -`� •_ I i j l I I I j l I rl I I I I 11 II Ibl I I _ - - - - -L L I I jai l / I I I I---------------------------------------------- ------------ I I I I I l I OO I I I tl I I I �tt d�' BWfaffiIF10 ntlM N0. 4aa J I I t l l OOOyyp {Y HaAN� aamwnaN Ha a9 -b2 1 I I I II �J' I I i �I� B I I I I I I I I I I s_r -aa i l l I I I I I ------------ -- - - -1 I I I I I ANHEYAnaH H0. a93 99 i _.... _..,. S a: Ha- — — ...... — — I _ — — —I I 1 y I I I I I j c7Y OF a (sY B -WO-93 I I > 1 1 1 1 -� __ I I I > I I I I I j j g I 36a- 060 -21 I o I II j s I I I I I I I I T ®I 11 s I I I I 1> _....__....-- .--- ...... ......-- ®..L I I ! I I 1 1 I I I I I II I I I I I I I I I I I I I I I I I I I I I I ( L I I I II ---` I l I I ` ___..,_ I .v _ - - -- I I 1 I I I I I I I I `� Ii;IMN WAYI I I I I �— 1 1 I I i i I 11 I I I I I I -------------------------------------------- I I I 11 - ____ PAYfON WAY k.: • r, 09120117 CC AGENDA PACKET PG 7 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Resolutions d. TO: Honorable Mayor and City Council FROM: Lisa McGranahan, Human Resources Manager DATE: 9/7/2017 111-11 V 03 SUBJECT: Resolution identifying vendors, healthcare plans and rates for Citywide health insurance plans for eligible active and retired employees for the 2018 plan year. STAFF RECOMMENDATION: The Personnel Committee recommends approval of resolution and 2018 renewal package. BACKGROUND: Each year the City's healthcare consultant, Segal Consulting (Segal), undergoes an aggressive claims review process in an effort to identify and negotiate the most cost-effective health plan rates for the coming plan year. The proposed rates and the supporting justification information is shared with the City's Insurance Committee, which represents the various employee groups of the City, in an effort to reach an agreement on the healthcare rate renewal package for the upcoming plan year. The City Council's Personnel Committee is also provided this information and ultimately is the body responsible for a recommendation to the full City Council. As a reminder, in 2016, the City switched dental carriers, going from Pacific Union and Met Life Dental companies to United Concordia. This change came at the conclusion of a Request for Proposal (RFP) process which ultimately identified United Concordia as the preferred plan provider. United Concordia was selected in order to maintain existing plan structures at reduced costs to the City and our employees. Not only did United Concordia save the City and its employees money in the form of reduced rates over what Pacific Union and Met Life proposed for 2017, but they also provided a three-year rate guarantee. This year, as a component of the rate renewal process, the City requested Segal initiate a Request for Proposal (RFP) process for the City's Flexible Spending Account (FSA), Dependent Care Assistance Program (DCAP), COBRA and retiree insurance billing administration. The thought behind this effort was two-fold; first, to identify opportunities to expand the use of the FSA/DCAP benefit (which is paid for by those enrolled in the programs) by securing a vendor that provided more user friendly and modernized processing options for FSA and DCAP benefits as compared to our current vendor, HealthComp. Second, staff wanted to explore opportunities to streamline current paper-intensive methods while also limiting potential liability associated with administering COBRA and retiree insurance billing processes. The FSA/DCAP is the only benefit related aspect of this RFP process, the other two components represent efficiency opportunities related to existing administrative burdens associated with the COBRA and retiree billing functions. However, Segal recommended we seek proposals that covered all four components. This effort was successful and resulted in the City identifying a new, comprehensive provider for all of the processes identified above. For the FSA and DCAP benefit, enrollees will benefit from modernized utilization options while at the same time savings in the administrative costs of these services with the new vendor, P&A Group. This will allow for the quicker payment of claims submitted by employees and/or immediate payment of approved costs by use of an electronic, pre-loaded card. We anticipate this enhanced level of service will foster more employee participation. As a result of this year's process, the Insurance Committee, Personnel Committee, and staff are recommending the City Council approve the 2018 rate renewal package that includes the following highlights: • Moderate increases to both Blue Shield and KaiserActive and retiree plans • No increase in dental as we are in the three-year rate guarantee period • No increase in the vision plan as we are in the four-year rate guarantee period • Moderate savings in the FSA and DCAP administration costs with new vendor, P&A Group • A reduction in administrative burden and liability for the COBRA and Retiree plans The renewal package was evaluated through a process that included meetings with the Insurance Committee and the Council's Personnel Committee. Both Committees unanimously recommended approval of the rate renewal package, including the change to P&A Group for FSA, DCAP, COBRA, and Retiree plans. A summary of the overall rate changes for 2018 are provided below: Percentage I ncrease/Decrease Blue Shield - HMO (Full Network) Active Employees 1.1% Blue Shield - HMO (Narrow Network) Active Employees 1.1% Blue Shield - PPO Plan Active Employees 7.3% Retirees 2.4% Blue Shield - Medicare Advantage Plan Retirees 11.5% Kaiser Permanente - HMO Plan Active employees 9.6% Retirees Under 65 15% Kaiser Permanente - Deductible HMO Plan Active Employees 1.6% Retirees Under 65 0.0% Kaiser Permanente - Senior Advantage Plan Retirees Over 65 7.2% United Concordia - (PPO) Active employees 0.0% United Concordia - (Dental DMO Plan) Active Employees 0.0% Retirees 0.0% Medical Eye Services 0.0% OPTUM Employee Assistance 0.0% Program VOYA - Employee Life Insurance Basic Life -7.14% AD&D 0.0% P&A Group - FSA and DCAP -22% UNUM - Long Term Disability 0.0% City staff would like to thank Segal for their diligent work in developing this advantageous rate renewal package for the City and our employees. In addition, we would like to thank the employees who participate in the Insurance Committee and the Council's Personnel Committee for working to develop and ultimately recommend this mutually beneficial plan of action. ATTACHMENTS: Description D 20,17 20,18 h weafthcaire Vendoirs Type Resokltblrl RESOLUTION NO. A RESOLUTION IDENTIFYING VENDORS, HEALTHCARE PLANS AND SETTING RATES FOR CITYWIDE HEALTHCARE BENEFITS FOR ACTIVE AND RETIRED EMPLOYEES. WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City Council of the City of Bakersfield ( "City ") to provide for salaries and related benefits for officers and employees of the City; and WHEREAS, the City has established eligibility definitions of employees and recognizes those deemed as eligible active and retired employees to be covered with this Resolution; and WHEREAS, the Council has determined what such salaries and related benefits should be in effect on January 1, 2018 for such officers and employees of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. Council hereby identifies the healthcare vendors, adopts and approves the healthcare plans and corresponding rates for health care benefits, which shall commence on January 1, 2018 and expire at 12:00 midnight on December 31, 2018, as identified below: 2018 Monthly Health Ian Rates Blue Shield - PPO Plan Single Two Party Family Active Employees $594.93 $1,191.89 $1,791.00 Retirees $1,073.10 $2,146.06 $3,219.12 Blue Shield - HMO Plan Full Network Active Employees $568.95 $1,143.48 $1,671.67 Blue Shield - HMO Plan Narrow Network Active Employees $463.93 $932.41 $1,363.11 Blue Shield Medicare Advantage - Over 65 Retirees $364.95 N/A N/A Kaiser Permanente HMO Plan Active Employees $487.98 $975.96 $1,380.98 Retirees Under 65 $1,432.19 $2,864.37 $4,053.09 Kaiser Permanente Deductible HMO Plan Active Employees $334.78 $669.57 $947.44 Retirees Under 65 $1,236.22 $2,472.43 $3,498.48 Kaiser Permanente Senior Advantage Plan Retirees Over 65 $229.69 N/A N/A United Concordia Dental PPO Active Employees $35.97 $73.96 $123.09 United Concordia Dental DMO Active Employees $20.75 $38.05 $60.00 Retirees $15.85 $28.85 $44.60 Medical Eye Services Active PPO Employees $4.83 $9.70 $12.65 Active HMO Employees & Kaiser Permanente Retirees Under 65 $3.45 $6.90 $8.97 O turn Employee Assistance Program $1.71 per employee Unum Long Term Disability $0.57 per hundred P&A Group - Sec. 125 Flexible Spending Account. 4.00 per participant per month Vo a - Employee Life Insurance Basic Life $0.13 per thousand AD &D $0.02 per thousand ----- - - - - -- 000--- - - - - -- I HEREBY CERTIFY that the foregoing Resolution /Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held Mel by the following vote: AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED: KAREN GOH Mayor APPROVED AS TO FORM: In CHRISTOPHER GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield VIRGINIA A. GENNARO CITY ATTORNEY of the City of Bakersfield ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Resolutions e. TO: Honorable Mayor and City Council FROM: Lyle D. Martin, Chief of Police DATE: 9/7/2017 111-11 V 03 SUBJECT: Resolution authorizing the City to apply for the Edward Byrne Memorial Justice Assistance Grant ($136,611) from the U.S. Department of Justice. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Since 1996 the Bakersfield Police Department (BPD) has applied for and received grant funding from the U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program. Funding from the L.L.E.B.G. Program has helped the City underwrite various projects to reduce crime and improve public safety. Due to federal budget adjustments, the L.L.E.B.G. Program has been eliminated and rolled into the Edward Byrne Memorial Justice Assistance Grant. The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multi jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. Grants from the JAG Program have a term of four years and do not require any match from the City. The application process established by the Department of Justice, requires the BPD to comply with a number of grant conditions, including the grant application be reviewed by the governing body of the unit of local government (City Council). This agenda item fulfills this requirement. The BPD requests City Council's approval of the resolution to apply for the 2017 JAG/Byrne local grant in the amount of $136,611. The proposed uses and amounts are described in detail below. The dollar amounts are estimates; if BPD needs change or the amounts spent differ from those proposed, it will expend the differences in accordance with the JAG/Byrne grant guidelines. W ,&VffJWEqMA Proposed JAG/Byrne Grant Uses Each year, the U.S. Department of Justice outlines areas of emphasis for local law enforcement agencies to consider when utilizing JAG/Byrne grant funding. For this year, emphasis has been placed, in part, on implementation of officer safety and wellness programs and activities. Therefore, staff is proposing to utilize a portion of the allocation to support this area of emphasis, as outlined below in more detail. Travel — Funding for training in the amount of $50,000 is requested. Costs for each training event vary by class and location. Since class availability is not presently known, rather than presuming certain costs, the BPD will endeavor to use awarded grant funds to provide the greatest quality and amount of training in the most cost effective manner. The BPD will send officers to train-the-trainer events, as much as possible, to maximize officer wellness training throughout the department. Training topics in law enforcement wellness may include: officer safety, wellness, VALOR Essentials, VALOR Train-the Trainer, officer resilience, emotional survival, stress management, peer support, first responder trauma care, emotional intelligence, and effective communication and conflict resolution. Equipment — Funding in the amount of $5,000 is requested to purchase and install a refrigerated vending machine at the BPD headquarters building. The case will be used to offer healthy, ready-made meals and other healthy food choices options to BPD staff. The products contained within the machine will be available for purchase by BPD staff. Providing healthy food options at the BPD will support officer nutrition and provide convenient alternatives to fast food. Supplies — Funding in the amount of $25,000 is requested to purchase tactical first aid kits for all field personnel. Police personnel often encounter situations that require medical aid. Having the training and supplies to reduce the loss of both officer and civilian lives due to blood loss is a critical component of officer safety. Training and Staff Support — Funding in the amount of $56,611 is requested to retain outside experts to train police department staff on a variety of topics, including nutrition and self- improvement as well as operational trainings on topics such as use of force, report writing and best practices when contacting individuals with mental disorders. For each of these training or seminars, an outside expert presenter will provide sessions to BPD staff on specific topics. These sessions will occur throughout the year. ATTACHMENTS: Description Type D Bkie Meirno Cover Meirno D ReSdUdOlrl to accept the 20,17 ABC G/kP Giraint/kwaird Resokltblrl W1 ,&[VjjWEqMA MIOT I NUT 011101911 . i To: Honorable Mayor and Council Members From- Lyle D, Martini, Chief of Police/� Subject- Council Meeting of September M, �2017 Agenda Item Consent Calendar 8e. FVIURII 4&OjrjIIW=. ALO.1 1 SFI Ner, two • page resolution. 09120117 CC AGENDA PACKET PG 82 A RESOLUTION AUTHORIZING THE BAKERSFIELD POLICE DEPARTMENT' TO APPLY FOR GRANT FUNDING FROM THE U.S. DEPARTMENT OF JUSTIC3 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANC'b GRANT PROGRAM. WHEREAS, the United States Congress has authorized the Edward Byrne Memorial Justice Assistance Grant per statute: "Ot-nnibus Crinne Control and Safe Streets Act of 1968, as amended, Title 1; 42 U.S.C, 3751 (a); Crime Control Act of 1990, Public Law 101-647"'; and WHEREAS, the Bureau of justice Assistance of the U.S. Department of justice administers the Edward Byrne Memorial justice Assistance Grant Program to provide funds to units of local government to underwrite projects to reduce crime and improve public safety; and WHEREAS, the City of Bakersfield is eligible to receive $136,611 from the 2017 Edward Byrne Memorial justice Assistance Grant Program; and WHEREAS, the Bakersfield Police Department will apply to the Department of justice for the use of grant funds to supplement its budget to enhance officer skills, abilities and resources to further the goal of building public trust and legitimacy through community policing, as described in Exhibit "A" attached herein. The above recitals are true and correct and incorporated herein by reference. 2. The Council of the City of Bakersfield authorizes the City Manager, or his/her designee, to apply for the Edward Byrne Memorial justice Assistance Grant. 3, The Police Department is hereby authorized and empowered to execute in the name of the City of Bakersfield,, all necessary, contracts, payment requests, agreements and amendments thereto for the purpose of securing grant funds, irnplementing and carrying out the purposes specified in the grant application, and drawing down grant funds as necessary. -- Page I of 4 Pages -- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a tegulai- meeting thereof held on ...... ------ � by the following vote: AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SM ITH, FREE' MAN, SU LUVAN, PARLIE R NOES: COUNCH,MFMHLR: ABSTAIN: COUNC1LMEMBER:____ ABSENT� APPROVED m APP11OVED AS TO FORW Pzr7m m Richard Iger Deputy City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -Page, 2 of 4 Pages - Bakersfield Police Department 2017 jag / Byrne Grant Proposal The Bakersfield Police Department requests approval to apply for the 2017 JAG / Byrne Grant for the amount of $136,611.00, to improve officer wellness, and safety by providing learning opportunities to foster healthier lifestyle choices for nutrition, physical fitness, and mental arid physical health; provide officers with tactical arid mental safety training to build resilience, and equip each officer with personal safety equipment. The proposed grant budget is described in the budget narrative below: Travel - Fu riding for training in the amount of $50,000 is requested. Costs for each training event vary by class and location. Since class availability is riot presently known, rather than presuming certain costs, the BPD will endeavor to use awarded grant funds to provide the greatest quality and amount of training in the most cost effective nianner. The BPD will send officers to train-the-trainer events, as much as possible, to maximize officer wellness training throughout the department. Training topics in law enforcement wellness may include: officer safety, wellness, VALOR Essentials, VALOR Train-the Trainer, officer resilience, emotional survival, stress management, peer support, first responder trarima care, emotional intelligence, and effective communication arid conflict resolution. Eqttipinent - Funding in the amount of $5,000.00 is requested to purchase and install a refrigerator case at the BPD headquarters building. The case will be used to preserve and dispense healthy ready-made meals and other healthy food choices., Providing a healthy food dispensary at the BPD will support officer nutrition and provide convenient alternatives to fast food. No food will be purchased with grant funds. Supplies - Funding in the amount of $25,000M is requested to purchase Tactical First Aid Kits for all field personnel. Police personnel often encounter situations that require medical aid, Having the training arid supplies to reduce the loss of both, officer and civilian lives, clue to blood loss, is a critical component of officer safety. Consultants/Contracts - Funding in the amount of $56,611 is requested to engage contracted services for the following: Nutritionist and Physical Trainer to provide quarterly learning opportunities on various topics, including individual meal planning arid personal physical fitness consultations. Physical fitness learning opportunities will also include group training sessions to foster wellness as a cultural value, and to provide examples of correct techniques and different approaches to Sustainable exercise prograrns. Kevin Gilmartin, PhD to present "Emotional Survival for Law Enforcement: A Guide for Officers and Their Families" to all BPD personnel. This seminar gives Law Enforcement Officers and organizations strategies to reduce the impact of stress, get more out of their careers and relationships, and how to avoid the dynamics that can change Law Enforcement personnel into negative, cynical and angry individuals. -page 3 of 4 Pages - Missy O"Lynn to present "Use of Force, Report Writing & Litigation Preparation" to sworn personnel. This serninar gives Law Enforcement Officers the knowledge to build confidence and understanding' of how the law applies to the relationship between use of force decisions in the field, the documentation of the force used„ and the presentation of these elements in a court of law. Missy O"Lynn to present training that focuses on "Mentally III" report writing of contact with mentally ill, response and litigation preparation. This serninar provides law enforcement officers with current litigation and governing case law and an understanding of how the law applies to situations involving the mentally ill. -Page 4 of 4 Pages - RESOLUTION NO. A RESOLUTION AUTHORIZING THE BAKERSFIELD POLICE DEPARTMENT TO APPLY FOR GRANT FUNDING FROM THE U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM. WHEREAS, the United States Congress has authorized the Edward Byrne Memorial Justice Assistance Grant per statute: "Omnibus Crime Control and Safe Streets Act of 1968, as amended, Title I; 42 U.S.C. 3751 (a); Crime Control Act of 1990, Public Law 101 - 647 "; and WHEREAS, the Bureau of Justice Assistance of the U.S. Department of Justice administers the Edward Byrne Memorial Justice Assistance Grant Program to provide funds to units of local government to underwrite projects to reduce crime and improve public safety; and WHEREAS, the City of Bakersfield is eligible to receive $136,6119 from the 2017 Edward Byrne Memorial Justice Assistance Grant Program; and WHEREAS, the Bakersfield Police Department will apply to the Department of Justice for the use of grant funds to supplement its budget to enhance officer skills, abilities and resources to further the goal of building public trust and legitimacy through community policing, as described in Exhibit "A" attached herein. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The Council of the City of Bakersfield authorizes the City Manager, or his /her designee, to apply for the Edward Byrne Memorial Justice Assistance Grant. 3. The Police Department is hereby authorized and empowered to execute in the name of the City of Bakersfield, all necessary, contracts, payment requests, agreements and amendments thereto for the purpose of securing grant funds, implementing and carrying out the purposes specified in the grant application, and drawing down grant funds as necessary. •1• -- Page 1 of 4 Pages -- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED Uz Karen Goh Mayor APPROVED AS TO FORM: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER VIRGINIA GENNARO, City Attorney Richard Iger Associate City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Exhibit "A" -Page 2 of 4 Pages - Bakersfield Police Department 2016 Jag / Byrne Grant Proposal The Bakersfield Police Department requests approval to apply for the 2017 JAG / Byrne Grant for the amount of $136,611.00, to improve officer wellness and safety by providing learning opportunities to foster healthier lifestyle choices for nutrition, physical fitness, and mental and physical health; provide officers with tactical and mental safety training to build resilience, and equip each officer with personal safety equipment. The proposed grant budget is described in the budget narrative below: Pursuing a Culture of Wellness BUDGET NARRATIVE Travel - Funding for training in the amount of $50,000 is requested. Costs for each training event vary by class and location. Since class availability is not presently known, rather than presuming certain costs, the BPD will endeavor to use awarded grant funds to provide the greatest quality and amount of training in the most cost effective manner. The BPD will send officers to train - the - trainer events, as much as possible, to maximize officer wellness training throughout the department. Training topics in law enforcement wellness may include: officer safety, wellness, VALOR Essentials, VALOR Train -the Trainer, officer resilience, emotional survival, stress management, peer support, first responder trauma care, emotional intelligence, and effective communication and conflict resolution. Equipment - Funding in the amount of $5,000.00 is requested to purchase and install a refrigerator case at the BPD headquarters building. The case will be used to preserve and dispense healthy ready -made meals and other healthy food choices. Providing a healthy food dispensary at the BPD will support officer nutrition and provide convenient alternatives to fast food. No food will be purchased with grant funds. Supplies - Funding in the amount of $25,000.00 is requested to purchase Tactical First Aid Kits for all field personnel. Police personnel often encounter situations that require medical aid. Having the training and supplies to reduce the loss of both officer and civilian lives due to blood loss, is a critical component of officer safety. Consultants /Contracts - Funding in the amount of $56,611 is requested to engage contracted services for the following: Nutritionist and Physical Trainer to provide quarterly learning opportunities on various topics, including individual meal planning and personal physical fitness consultations. Physical fitness learning opportunities will also include group training sessions to foster wellness as a cultural value, and to provide examples of correct techniques and different approaches to sustainable exercise programs. • Kevin Gilmartin, PhD to present "Emotional Survival for Law Enforcement: A Guide for Officers and Their Families" to all BPD personnel. This seminar gives Law Enforcement Officers and organizations strategies to reduce the impact of stress, get more out of their careers and relationships, and how to avoid the dynamics that can change Law Enforcement personnel into negative, cynical and angry individuals. -Page 3 of 4 Pages - Missy O'Lynn to present "Use of Force, Report Writing & Litigation Preparation" to sworn personnel. This seminar gives Law Enforcement Officers the knowledge to build confidence and understanding of how the law applies to the relationship between use of force decisions in the field, the documentation of the force used, and the presentation of these elements in a court of law. • Missy O'Lynn to present training that focuses on "Mentally Ill" report writing of contact with mentally ill, response and litigation preparation. This seminar provides law enforcement officers with current litigation and governing case law and an understanding of how the law applies to situations involving the mentally ill. -Page 4 of 4 Pages - ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Resolutions f. TO: Honorable Mayor and City Council FROM: Nick Fidler, Pubic Works Director DATE: 8/28/2017 111-11 N 03 SUBJECT: Resolution determining that Autoscope Rack Vision Terra Video Detection Systems cannot be obtained through the usual bidding procedures because of the need to integrate said systems into existing traffic signal infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $205,000 for Fiscal Year 2017-18. Staff recommends adoption of the resolution. BACKGROUND: Beginning Fiscal Year (FY) 2015-16, the City began a multi-year capital project to replace the obsolete Econolite Autoscope Model 2020 Video Detection Systems, which were installed at 32 signal-controlled intersections within Bakersfield. Econolite Control Products discontinued production of the Autoscope Model 2020 and no longer provides service or support for the 2020 unit. Each of these video detection systems are comprised of a processing unit, two to four vehicle detection cameras, power and video cabling. These video detection systems have been in use since 2002. To date, 18 of these 32 signal-controlled intersections were updated. The FY 2017-18 budget includes sufficient funding to update the remaining 14 signal-controlled intersections. Econolite replaced the Autoscope Model 2020 with the Autoscope Rack Vision Terra Video Detection System. It is more cost effective to upgrade the existing system than to replace the entire infrastructure for the remaining 14 signal-controlled intersections. Staff proposes to replace the Autoscope 2020 processing systems with the new Terra System. The Terra System is a Windows-based system and has four processing units that allows faster response to traffic and a better fog recognition algorithm; thus, facilitating better traffic flow through the traffic grid. This purchase provides for the replacement of 14 video detection systems at various intersections within Bakersfield. Each of the systems that are being replaced consists of four color video detection cameras and four video detection modules. The existing power and video cabling, as well as the camera mounts, and video isolation protection systems can all be reutilized with the new systems. IV ,&VffJWLqMA This resolution authorizes the Finance Director to dispense with bidding because of the need to integrate the purchase of 14 Autoscope Rack Vision Terra Video Detection Systems into the existing Autoscope system. Econolite Control Products, Inc is the sole distributor of the Autoscope Rack Vision Terra Video Detection Systems. The FY 2017-18 Capital Improvement Program budget includes funding to replace 14 of the units. Upon installation of these units, all signal-controlled intersections will be updated. Capital Outlay funds provide the funding source for this purchase. ATTACHMENTS: Description D ReSdUdOlrl D Sob SOUirce I etteir D OL10te Type Resokltblrl BackU IMateir4� BackU IMateir4� RESOLUTION NO. A RESOLUTION DETERMINING THAT AUTOSCOPE RACK VISION TERRA VIDEO DETECTION SYSTEMS CANNOT BE OBTAINED THROUGH THE USUAL BIDDING PROCEDURES BECAUSE OF THE NEED TO INTEGRATE SAID SYSTEMS INTO EXISTING TRAFFIC SIGNAL INFRASTRUCTURE AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFORE, NOT TO EXCEED $205,000 FOR FY 2017/18 WHEREAS, in FY 2015/16, the City of Bakersfield commenced a multi -year capital project to replace Econolite Autoscope Model 2020 Video Detection System installed at 32 signal - controlled intersections; and WHEREAS, to date, 18 of these 32 signal - controlled intersections were updated; and WHEREAS, the Econolite Autoscope Model 2020 Video Detection System remains at 14 signal - controlled intersections; and WHEREAS, a portion of this system (specifically, processing unit, cameras, and associated auxiliary equipment) is obsolete and no longer supported or serviced by Econolite Control Products, Inc. (manufacturer); and WHEREAS, the manufacturer has replaced the obsolete video detection equipment with the Autoscope Rack Vision Terra Video Detection System; and WHEREAS, the Autoscope Rack Vision Terra Video Detection System is a Windows -based system, with additional, upgraded processing units for faster response to traffic and an upgraded fog recognition algorithm; and WHEREAS, it is more cost effective to upgrade the processing unit, cameras, and associated auxiliary equipment than to replace the entire infrastructure for these remaining 14 traffic signals; and WHEREAS, equipment compatible with Autoscope Traffic Signal Video Detection System is only available from Econolite Control Products, Inc.; and WHEREAS, the Public Works Director recommends the Council find said Autoscope Rack Vision Terra Video Detection System can only be reasonably obtained from Econolite Control Products, Inc, and because of the need to integrate the product into an existing system, recommends the Council dispense with bidding, in accordance with subsection D.2 of Section 3.20.060 of the - Page 1 of 3 Pages - Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The City Council hereby finds that the purchase of the 14 Autoscope Rack Vision Terra Video Detection Systems can only be reasonably obtained from one vendor (Econolite Control Products, Inc) because of the necessity to successfully integrate such equipment into the existing Autoscope Model 2020 Video Detection System. 3. The Finance Director is authorized to dispense with bidding and to negotiate the purchase of same, not to exceed $205,000. - Page 2 of 3 Pages - HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN ABSENT: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER CHRISTOPER GERRY ACTING CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney - Page 3 of 3 Pages - ma �:�l��rte;l( . r r. ".,r % '., = �`Itm� df e ,C J,.. V ��; l.; i 8 -25 -17 City of Bakersfield 4101 Truxtun Ave. Bakersfield, CA 93309 RE: Autoscope Cameras & Components To Whom It May Concern: Please accept this letter as notification that Econolite, located at 3360 La Palma Ave., Anaheim, CA 92806, is the sole source for all Manufacturing, Sales and Repair Services for the Autoscope line of products. This includes the Autoscope 2004, Autoscope Rack Vision, Autoscope Solo Pro, Autoscope Solo Terra, Autoscope Encore, and Autoscope Duo product lines and components. Please feel free to contact me direct should you need any further information in regards to this matter. Sincerely, Linsey Jimenez Econolite Customer Service Supervisor 3360 Ikll a 14��IaIina Ave + Aiiahe in, CA 92806 2856 + N (714) 630 ..3700 + II:" : (714) 630 ..5120 . . IIII °150 + iiah e in, CA 9281 �:� °150 + ��, oiiOlhte�.�, oiin .............................. I �.� VMS IIIIIIIII IIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIII A 24 Quote Date: August 30, 2017 To: 3akersfield, CA; City of Re: RVTERRA VIDEO 1.101 Truxtun Avenue Econolite Reference: Q- 24131 -T6P2 3akersfield, CA 93309 4ttn: Peter Martin Item # Part # Qty Description Price per Extended HHC -7000 1 Hand Held Zoom Controller $0.00 $0.00 1 AIS4MCRZOOMUOS 63 AIS -IV Color Zoom Camera, MS- $898.00 $56,574.00 connector 2 ASTCBL01 63 Cable Rv Terra I/F 12Outputs $25.00 $1,575.00 3 ARVTERRA1 E 66 Autoscope Rackvision Terra # $2,009.25 $132,610.50 Su bTotal $190,759.50 Shipping & Handling* Taxes ** $13,830.06 TOTAL $204,589.56 Note: Each product listed in this quotation is available for purchase separately at the itemized price listed Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and /or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law. :3:360 I U1�,1G,uG111 °d11 ��,Ihnll n1,:3 m I Ial mm Ave . I Ilmhl6rn, CA 92806 �m �° i ➢, ��i 9ff 33 i 0�u1�lu��GUJ1 Y'f7,C, ltil "'I r00Rr lr 'hI 71 7( g m jp u i111 Page 1 of 2 09120117 CC AGENDA PACKET PG 97 FEE, IIIIIIIIIIIIIII I ...................... � A 24 M Gi Quote ... ....... i /� a �n Quote Valid For: 60 days FOB: Econolite Factory Terms: Net 30 days from date of shipment, subject to credit approval *Shipping: Included **Taxes: Estimated T&vw Ki rkta*%,& Tom Kirkland-Account Manager tkirkland@econolite.com Shipping Date: 4 weeks ARO, approved credit terms and submittal approval when applicable 3360 a ��Id ma Ave A� 416 i,n, CA 92806 .......... �_i� nE ', '=� C3 )/i J, .33 ') -, (;) I - 11, 1 1 � ay, �7 � 4) G30 1 ')4� ,) ) A I 'a )ONIG ��'l I I 7'k� J 1") ; 5 7M) �il J �)f Page 2 of 2 W SMA ,&VAffAdL ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Resolutions g. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/24/2017 111-11 V 03 SUBJECT: Resolution determining that certain Pierce Manufacturing fire truck parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase Pierce Manufacturing fire truck parts through South Coast Fire Equipment, not to exceed $240,000 over a three-year term. Staff recommends adoption of the resolution. BACKGROUND: The City's active fleet currently includes 18 Pierce Manufacturing fire trucks of various models, with manufactured dates ranging from 1999 to 2012. The normal estimated life expectancy of a fire truck ranges from 15 to 20 years, with proper maintenance and periodic part replacements. Parts required for repairs to Pierce Manufacturing fire trucks must be acquired from the manufacturer through an authorized regional distributor. The only authorized regional distributor for Pierce Manufacturing fire truck parts in Southern California is South Coast Fire Equipment, and as such, all part purchases for these specific trucks must be obtained through this authorized distributor. Therefore, City staff recommends adoption of this sole source resolution since only one vendor, South Coast Fire Equipment, is the authorized regional distributor for parts for Pierce Manufacturing fire trucks. Based upon historical and projected use of Pierce Manufacturing repair parts, City staff anticipates $240,000 is needed to cover costs for a three-year term. Sufficient funds are budgeted within the Equipment Management Fund to cover costs associated with this resolution. F-11 i all M I ��i 14 Ll k &I Description D SOUth Coast Fire Sd SOUirce Resokltblrl D SOUth Coast Fire Sd SOUirce I etteir Type Resokltblrl BackU IMateir4� W1 VffJWL A S ,&[ RESOLUTION NO. A RESOLUTION DETERMINING THAT CERTAIN PIERCE MANUFACTURING FIRE TRUCK PARTS CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFORE AND PURCHASE PIERCE MANUFACTURING FIRE TRUCK PARTS THROUGH SOUTH COAST FIRE EQUIPMENT, NOT TO EXCEED $240,000 OVER A THREE -YEAR TERM. WHEREAS, CITY is in need of new and replacement Pierce Manufacturing fire truck parts; and WHEREAS, City currently has 18 Pierce Manufacturing fire trucks in service as part of the City's active Fire Department fleet; and WHEREAS, the parts necessary to maintain and repair the Pierce Manufacturing fire trucks can only be obtained through a Pierce Manufacturing authorized dealership; and WHEREAS, Pierce Manufacturing fire trucks parts can only be acquired through the regional distributor, South Coast Fire Equipment, and WHEREAS, it is necessary to purchase Pierce Manufacturing fire truck parts because of the inability to interchange any other part manufactured by another company. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above recitals are true and correct and incorporated herein by reference. 2. As the sole regional distributor, the equipment can only be reasonably obtained from one vendor, South Coast Fire Equipment, because of the need to successfully repair such equipment that are already in operation within the City system. 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. 4. The expenditure of funds for said work and equipment shall not exceed $240,000 over a three -year term. -- Page 1 of 2 Pages -- 09120117 CC AGENDA PACKET PG 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN ABSENT: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER KAREN GOH Mayor of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JIM JOSHUA H. RUDNICK DEPUTY CITY ATTORNEY CHRISTOPHER GERRY ACTING CITY CLERK AND EX OFFICIO CLERK of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 09120117 CC AGENDA PACKET PG 101 ��ERCE MANUFACTLJR�NJG "'N 1i1�PMCXQ[ RIJI:K 1 "1-1 260() AMEFOCAN DRIV 1`1 POST OFF-R-1- BOX' 2017 A P11 I L E F C) N, 0V I S C 0 N S � N 5 4 41 2 - 2 0 7 920-832-3000 - FAX S120-332-3208 July 13, 2017 Since 1917, Pierce Manufacturing has provided the finest fire apparatus in the industry. The quality of our products and services are our number one priority. In order to provide you with the personalized level of service you deserve, Pierce Manufacturing has established a widespread network of authorized dealers throughout the country. South Coast Fire is the Pierce authorized dealership in southern California. They are the sole source for Pierce parts and warranty service in this region and are extremely qualified to provide you with the service you have come to expect from Pierce Manufacturing, Inc. South Coast Fire is also the authorized sole source parts distributor for aftermarket service and support for the Oshkosh Airport product line as well within southern California. Please contact them directly for any requests concerning both product lines. South Coast Fire can provide you parts and labor for any of these apparatus at the quality you deserve. 'f you have any questions or concerns regarding this • any other issue, please call us ali 1-888-YPIERCE. 5 '7 OSHKOSH AfT III SPECIALTY F19101 LOW a's F4 SH k R. CAI 'l it N VEHICLES ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/1/2017 &1[11 1.1 SUBJECT: Resolution determining that MUSCO Sports Lights can most efficiently be obtained through cooperative procurement bidding procedures from MUSCO and authorizing the Finance Director to dispense with bidding thereof, not to exceed $550,000. Staff recommends adoption of the resolution. BACKGROUND: When the first two phases of the Bakersfield Sports Village were constructed, Phase I included MUSCO sports lights and the Phase 11 sports lights were deferred to a later date upon available funding. Now that funding is available, staff is proceeding with the installation of sports lighting for Phase 11. Staff advertised the Phase 11 lighting project, but the bids received were significantly higher than budgeted funds. The bids were rejected and staff was instructed to look for ways to reduce costs for the project. Staff reached out to several contractors and found there is a high markup associated with a large equipment purchase such as for the sports lighting; staff found that purchasing the sports lighting equipment separately would reduce costs by eliminating overhead and markups typically applied by contractors. Under this arrangement, the City will purchase the sports lights directly from MUSCO and provide the sports lighting equipment to the general contractor, which will provide bids only for the installation of the lights and associated electrical components. The City Municipal Code allows the City to dispense with bidding when an item is not available from local vendors, and it is in the best interests of the City to obtain the item at the lowest possible cost by utilizing a procurement that was competitively bid by another government agency within the last 36 months. MUSCO has entered into a competitive procurement contract with National Joint Powers Alliance@ (NJPA) to offer discount pricing for MUSCO sports lighting equipment. Staff recommends adoption of the resolution to dispense with bidding for the purchase of the MUSCO sports lighting, not to exceed $550,000, for the Bakersfield Sports Village Phase Existing Field Lighting Phase 2. Funds for the sports lighting is budgeted in the Park Improvement Fund. ATTACHMENTS: Description D ReSdUdOlrl Type Resokltblrl RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF SPORTS LIGHTING FROM MUSCO AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF THE SPORTS LIGHTING EQUIPMENT, NOT TO EXCEED $550,000. WHEREAS, the City may enter into cooperative procurement contracts for work, supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D) (6); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, equipment or materials the City is currently paying; and WHEREAS, purchasing work, supplies, equipment or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interests; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D) (6) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially comply with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. - Page 1 of 3 Pages - 2. The Council finds that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months. 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D) (6) of the Bakersfield Municipal Code. 4. The Finance Director or his designee is authorized to purchase MUSCO Sports Lighting through National Joint Powers Alliance® (NJPA) pricing as may be amended from time to time and including any options to renew that may be exercised by the lead agency, not to exceed $550,000. 5. That in the event certain work, supplies, equipment or materials needed by the City are available through more than one of these cooperative procurement contracts and within the timeframe required by the City, the Finance Director or his designee shall purchase such work, supplies, equipment or materials from the vendor offering the lowest price. 6. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment or materials from the vendors herein. - Page 2 of 3 Pages - HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: YES: NOES: ABSTAIN ABSENT: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JIM JOSHUA H. RUDNICK Deputy City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 3 of 3 Pages - ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Pubic Works Director DATE: 8/14/2017 111-11 V 03 SUBJECT: 2017 transportation funding package: 1. Resolution amending the Fiscal Year 2017-18 Capital Improvement Program budget and appropriating additional Capital Improvement Program projects to be funded with Senate Bill 1, The Road Repair and Accountability Act, and authorizing the Public Works Director to submit said list to the California Transportation Commission. 2. Appropriate $2,100,000 of Senate Bill 1 estimated revenue to the Public Works Department's Capital Improvement Program budget within the RMRA Fund and transfer $643,978 of funding currently appropriated for the Street Resurfacing Capital Improvement Program budget within the Gas Tax Fund to fund the road maintenance and rehabilitation projects identified in Exhibit A to the resolution. 3. Appropriate $433,774 loan repayment from the State to the Public Works Department's Capital Improvement Program budget within the Gas Tax Fund and transfer $166,226 of funding currently appropriated for the Street Resurfacing Capital Improvement Program budget within the Gas Tax to fund the reconstruction of Monitor Street from Fairview Road to White Lane. 4. Transfer $738,978 of Capital Outlay funds currently budgeted as the local match requirement for Federal Resurfacing Projects to fund the following projects: STAFF RECOMMENDATION: • Citywide Tree Replacement ($560,000) • RabobankArena Radio Upgrade ($75,000) • Soundwall Landscaping Improvements - Hosking Avenue Area ($60,000) • Hosking Interchange Bridge Improvements ($43,978) Staff recommends approval of the resolution, appropriations, and transfers. BACKGROUND: On April 28, 2017, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 was signed into law by the Governor in order to address the significant multi-modal transportation funding shortfalls statewide. At the September 6, 2017, Council meeting, a workshop was conducted to provide information on this new funding source. This new legislation provides additional annual funding that allows the City to continue to address the City Council's goal of enhancing the City's transportation network. SB 1 established the newly created "Road Maintenance and Rehabilitation Account" (RMRA). SB 1 will be funded by increases in per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees. RMRA will provide an estimated $54 billion statewide over the next decade to address deferred maintenance needs on both the state highway system and local road systems. RMRA will provide an estimated $1.5 billion annually to cities and counties for maintenance and rehabilitation of local streets and roads. The City is anticipated to receive $2.1 million of RMRA funds in Fiscal Year 2017-18. As noted in the September 6th workshop, the Fiscal Year 2017-18 allocation reflects partial year funding since many of the new revenue sources were not implemented until November 2017. The City's RMRA estimate for Fiscal Year 2018-19 is $6.4 million. Per estimates provided by the California Department of Transportation, the City's allocation is estimated at $86 million over the next 10 years. This funding will provide the City with the unique opportunity to increase the investment in the City's transportation network. For FY 2017-18, staff proposes the following action items relating to SB 1: Item 1 - Resolution to Amend Fiscal Year 2017-18 Budget to Include RMRA Funded Projects RMRA guidelines require City Council approval and budget adoption of projects to be funded with RMRA funds. Exhibit A to the resolution identifies road improvement projects to be appropriated to the Fiscal Year 2017-18 Capital Improvement Program budget (formal appropriation of these projects is included in Item 2 of this administrative report). All road improvement projects identified on Exhibit A currently have a pavement condition index (PCI) of 60 or less. RMRA guidelines also require the City electronically submit a list of projects to be funded with RMRA revenues in Fiscal Year 2017-18 by October 16, 2017, to the California Transportation Commission (CTC). This resolution authorizes staff to amend the budget (as detailed in item 2) and to electronically submit the list of projects to be funded with RMRA funding to the CTC. Item 2 - Exhibit A to the Resolution -Appropriation of RM RA Funds / Transfer of Funds Currently Budgeted for Street Resurfacing -Various Locations Project costs identified on Exhibit A are estimated at $2,743,978. S B 1 funding will provide an estimated $2.1 million of funding for the transportation projects identified on Exhibit A. Staff proposes to fund the remaining $643,978 with funds currently appropriated for resurfacing projects within the Gas Tax Fund. Staff proposes to fund the local match requirement for currently budgeted federal resurfacing projects with RMRA funding. Capital Outlay Funds (COF) currently fund the local match for these federal resurfacing projects. This action will make COF funds available for other priority projects as discussed in Item 4 of this report. Staff also proposes to add new projects to the Public Works Department's Capital Improvement Program budget for certain road segments which currently have a low PCI. Road Segments Ward Proposed Budget A Street from Brundage Lane to California Ave - local match only 2 $272,672 Hughes Lane from Wilson Road to Ming Avenue - local match only 7 $155,017 Auburn Street from Oswell Street to Fairfax Road - local match only 3 $164,727 Truxtun Avenue from T Street to Beale Avenue - local match only 2 $146,562 Wilson Road from SR 99 to Real Road - new 6 $290,000 Allen Road from Olive Drive to Reina Road - new 4 $280,000 Bernard Street from Union Avenue to Kern Street - new 2 $260,000 Campus Park Drive from Old River Road to Buena Vista Road - new 5 $345,000 Miramounte Drive from SR 178 South to City Limits - new 3 $520,000 South Half Moon Drive from Ashe Road to Edgemont Drive - new 6 $310,000 $2,743,978 The Citywide PCI average is currently 66 percent. The City's goal is to reach an average PCI of 80 percent or greater. If the City reaches a PCI of 80 percent, the City may spend its RMRA apportionment on transportation priorities other than priorities outlined in legislation. Item 3 - AttachmentAto Administrative Report - Appropriation of State Loan Repayment/ Transfer of Funds Currently Budgeted for Street Resurfacing -Various Locations SB 1 also provides for the repayment of transportation in three equal installments of $433,774. These loan repayments are not subject to SB 1 guidelines and are to be expended in the same manner as the City's existing Gas Tax allocations. Staff proposes to add the following reconstruction project to the Cl P budget within the Gas Tax Fund. Road Segments Ward Proposed Budget Monitor Street from Fairview Road to White Lane 1, 7 $600,000 Staff proposes to fund the difference between the project's cost and loan repayment with funds currently appropriated for resurfacing projects within the Gas Tax Fund. Staff proposes to transfer $166,226 from the resurfacing CI P to the specific road segment previously identified. Item 4 - Attachment A to Administrative Report - Transfer of COF Appropriations from Funding Made Available with the Use of RM RA Revenue as the Local Match Requirement for Federal Resurfacing Projects to Priority Projects SB 1 legislation allows the use of RMRA funds as the match requirement for federal or state funds for the road system. As discussed in Item 2, staff proposes to fund the local match requirement for several currently budgeted federal resurfacing projects with RMRA funds. COF funds are currently budgeted as the local match requirement. If item 2 is approved, $738,978 of COF is available to be reprogrammed. Staff proposes amending the Fiscal Year 2017 -18 budget to add the following projects: Project Description Citywide Tree Replacement Ward Proposed Budget W RabobankArena Radio Upgrade 2 Soundwall Landscaping Improvements - Hosking Avenue Area 7 Hosking Interchange Bridge Improvements 7 Total A brief summary of each proposed project follows: Citywide Tree Replacement Project: $560,000 $75,000 $60,000 $43,978 $738,978 Over the last three years, 2,880 trees have been removed throughout the City due chiefly to the prolonged drought conditions. This proposed project provides funding to replant approximately 1,700 trees. As presented at the September 6th workshop, staff identified the percentage of trees removed by quadrants with State Route 99 as the north /south delineation and Stockdale Highway as the east/west delineation. Staff proposes to plant the 1,700 trees in the same proportion as trees removed per quadrant. Rabobank Arena Radio Upgrade: The radio system used by AEG and staff at the Arena/Convention Center Complex is antiquated, and does not provide communications coverage throughout both facilities. There are issues with staff being able to communicate depending on the location of the staff. This is a safety and efficiency issue that this project will correct. This project will upgrade the radio system and hand- held units, which will provide radio coverage throughout both facilities. Additionally, this project will make the facility "public safety' ready, should there ever be a need to utilize either facility for emergency - related activities or sheltering. A separate item appears on this agenda to award an agreement to complete this project. Soundwall Landscaping Improvements - Hosking Avenue Area: The developer soundwalls along the west side of State Route 99, between March Avenue and Rain Drive, are unattractive and continue to get tagged with graffiti. The proposed project will install an irrigation system and plant vines at the base of the soundwall to cover the wall to prevent graffiti and enhance the aesthics of the wall. Hosking Interchange Bridge Improvements: Hosking Avenue is the southern gateway on State Route 99 into Bakersfield. The proposed project will install decorative improvements to the fence railing on Hosking Avenue. Response to Councilmember Question: At the September 6th workshop, Councilmember Rivera inquired if the $738,978 of COF funds which staff proposes to transfer to the aforementioned projects could be used to temporarily defer a small amount of the recently approved water rate increases. Although there is some flexibility with the use of COF funds, COF funds are typically one-time in nature and have historically been used to fund critical CIP projects with no dedicated funding source. The Domestic Water Fund is a separate proprietary fund and as such the City charges customers for the water services rendered. The use of one-time COF funds to defer recurring enterprise fund expenses is not fiscally prudent. Therefore, staff does not recommend this course of action. F-11 Ii all M I ��i 14 LI k &I Description D &B 1 ReSdUdOlrl D Attachirneint/k tea /kdirNiNstiradve Report Type Resokltblrl BackU IMateir4� MI MMA ,M[VJJML RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2017 -18 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATING ADDITIONAL CAPITAL IMPROVEMENT PROGRAM PROJECTS TO BE FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILTY ACT, AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SUBMIT SAID PROJECT LIST TO THE CALIFORNIA TRANSPORTATION COMMISSION WHEREAS, on April 28, 2017, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the State of California Legislature and signed into law by the Governor in order to address the significant multi -modal transportation funding shortfalls statewide; and WHEREAS, SB 1 established the newly created "Road Maintenance and Rehabilitation Account" (RMRA); and WHEREAS, SB 1 will be funded by increases in per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees; and WHEREAS, RMRA will provide an estimated $54 billion statewide over the next decade to address deferred maintenance needs on both the state highway system and local road systems; and WHEREAS, RMRA will provide an estimated $1.5 billion annually to cities and counties for maintenance and rehabilitation of local streets and roads; and WHEREAS, this new revenue stream will allow the City of Bakersfield (City) to advance City Council Goal No. 2 - "Enhance the City's Transportation Network" and to maintain and improve the quality of existing surface streets and arterials by continuing to enhance the road resurfacing program, including increasing funding for street maintenance; and WHEREAS, the City is anticipated to receive $2.1 million of RMRA funds in Fiscal Year 2017 -18; and WHEREAS, RMRA guidelines require Council approval and budget adoption of projects to be funded with RMRA funds; and WHEREAS, Exhibit A (attached herein by reference) identifies road improvement projects to be appropriated to the Fiscal Year 2017 -18 Capital Improvement Program budget; and Resolution - SB 1 Funding Page 2 of 3 WHEREAS, all road improvement projects identified on Exhibit A currently have a Pavement Condition Index (PCI) of 60 or less; and WHEREAS, project costs identified on Exhibit A are estimated at $2,743,978; and WHEREAS, SB 1 funding will provide an estimated $2.1 Million of funding for the transportation projects identified on Exhibit A with the remainder to be funded with funds currently appropriated for resurfacing projects; and WHEREAS, RMRA guidelines also require that the City electronically submit list of projects to be funded with RMRA revenues in Fiscal Year 2017 -18 by October 16, 2017 to the California Transportation Commission. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above recitals are true and correct and incorporated herein by reference. 2. The Fiscal Year 2017 -18 Capital Improvement budget is hereby amended to appropriate $2.1 Million of SB 1 funding to complete the Road Maintenance and Rehabilitation projects identified in Exhibit A. 3. The Fiscal Year 2017 -18 Capital Improvement budget is hereby amended to transfer $643,978 of funds currently budgeted for "Street Resurfacing - Various Locations" in order to provide full funding of all projects identified in Exhibit A. 4. The City Council authorizes the Public Works Director to submit list of projects as identified in Exhibit A to the California Transportation Commission. Attachments: Exhibit A - Project List Resolution - SB 1 Funding Page 3 of 3 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN ABSENT: APPROVED COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER KAREN GOH Mayor of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND DEPUTY CITY ATTORNEY CHRISTOPHER GERRY ACTING CITY CLERK AND EX OFFICIO CLERK of the Council of the City of Bakersfield o -o o o t \ \\ \o < E E o 2 o o o o o o E o o. \{ E IS t 0 1. t 0 IS t 0 IS t 0 o z Ew c� c� 1 6 c5 E' o o o E E o z o E lo E E t E 4 I It 12 —o E o E- o o \� o 'o \ o o E iE o iE E o o zi t a 15 o' zi t o' zi t E E E o E E E I 'E E E 5 E E .1 E E E \ \ \\ \ \ \\ s s -o go E o o o t I o E E c c c c o E o E o> o w �o o m lo lo lo I T go =o Im go % lo 1. go lo 1. o E E o E o E o go o -o o go o o -o o lu o lo m o o o o o o o IS I o o \� _o \ \ o E o E _o m o 2: 6 E o 2 o o o o E c� c� 1 6 c5 E E o E E lo E E t E 4 I It E Ea E- E- \� \\ 'o \ \ u � o o -o So -o o 9 o o 8 a 15 lo E E E go E o m m. m o o IS o I o -o go V t o E E \� \ { \� \ \ \� \ { \� \ { \ \\ o> o o .s E 0 o E o E u o E u o o go o -o o go o -o o -o o go o o Im o m o mo o o I o E I -o IE < E o I o E E o 2: 6 E 'o o o I o o E' m oE Eo o 2 o o o o o CL cr > .Y Q N C v s Q 00 n 0 C Q Y 2 CL N Q O ¢ Q v D_ 0 d O U d O a` Cv �_ C O w W C m "o c F LL v bd cr CL U C v v 'o 0 V n m v +n 0 W C_ w C E C N O v v O 0 iFu I• I a ,� a +► a _ +► N C O O C O^l O OD n ID O. cY 009 tD u O O a` m m 0 z u v O a` .0 ` 3 tb m -u 0 0 �.E �.0- 0o ax v v o °� > a o > a 'o C v Q o a s o E - o 0 M 0 s w 2 o N v c s v �- > cn vo m a > ou m o v 'O ° o r> '> ° C a -o U > O' 0 0 u t U v m O `o 3 0 O OC° '3 v a s° a =o u fu0 u v 3 Y= tio U m T C m tL C 0 0 Q- C o— .s., o '3 rn u 09 99.E v > C -0 Q— w C 3 nvt9 v v v N v u c v C t` N v> Q Ou Q �F, s u N m 09 = o w cr �> v v - E v n a ° 3 v 3 9`9 a u Y o v y 3 Y 0 v Y 0 f0 U v Y E �2 bD y N (` a> Q Y '3 = 0 v O C v f0 c y s > E E u v u° v > > v 4d -0 f0 c L EO 3 .� 3 v : m m o U O N S .0 -a u u o s v C o m QJ N > m o c m o s C O Q +-• v s v Y u m 0 Q y U Q C E o O Y 0 > l7 ' '+LJ v p C O '0 v ` O d Q o f0 fC0 — ' f0 v f0 u t > Qj > 0 u v O 0 M o c- " v u > 0 E u o C O Q 0 L v u— L 2 Q - v -I) � Y vl 12 m.3 a v m� n9 v.c c � v.v o- .� v° o v= v v> m Q 3 ° c E 99 o� v v m C m u H in EE 0 �_�� v o -p C Y > Y v 0 o L oQj r W ti c) C v Q y0 t r m m E S� -c r c F o_ = 0- O N v a � m > v O d N C a w w N N C C C C N v0 O m h h H H � v t.-D O O O O W V/ cr V/ U u u U c U C J N Y o L = C N O C N N E 0 C O cr -a > Q O N 12 O` U d v ma E do O v o m m c E m m O O D_ cr m a w v cr 0 C vu u Qj 09 3 o C C 0 0 Qj a` u cr con Q> _ O U d O a` Cv �_ C O w W C m "o c F LL v bd cr CL U C v v 'o 0 V n m v +n 0 W C_ w C E C N O v v O 0 iFu I• I a ,� a +► a _ +► ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Resolutions j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/31/2017 WARD: Ward(s)1, 3, 5, 7 SUBJECT: Resolutions of intention (ROls) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Reports: 1. ROI No. 1932 adding Area 3-103 (Tract 7304/NE of Berkshire Road and Old River Road) — Ward 5 2. ROI No. 1934 adding Area 4-170 (5900 Comanche Drive) — Ward 3 3. ROI No. 1935 adding Area 4-171 (301-313 Dr. Martin Luther King Jr. Boulevard) — Ward 1 4. ROI No. 1936 adding Area 5-86 (4500 Hughes Lane) — Ward 7 STAFF RECOMMENDATION: Staff recommends adopting the resolutions of intention. BACKGROUND: Written requests have been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District provides for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. City staff has received a letter from the owner(s) of the properties described above, which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows City staff to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor- Recorder's Office upon approval of this resolution. City staff recommends the new territories be added to the Consolidated Maintenance District at the next City Council meeting. ATTACHMENTS: Description D FAG; #1932 adding /kirea 3 '103 to the Consofidated Mai'iinteinaince Dilstidct D D 3 '103 Exhbtl D �M D 3 '103 Exhbt/k D D 3 103 Exhbt lB D �M D 3 103 Exhbt C D D 3 103 Exhbt D D D 3 103 Exhbt E D D 3 103 Exhbt F D FAG; #1934 adding /kirea 4 ...'t'70 to the Consofidated Mai'iinteinaince Dilstidct D D 4 170 Exhbtl D D 4 170 Exhbt/k D D 4 170 Exhbt IB D �M D 4 170 Exhbt C D D 4 t'70 Exh lb i'i t D D D 4 170 Exhbt E D D 4 170 Exhbt F D FAG; #1935 adding /kirea 4 ...'t'71 to the Consofidated Mai'iinteinaince Dilstidct D D 4 171 Exhbtl D D 4 171 Exhbt/k D D 4 171 Exhbt IB D �M D 4 171 Exhbt C D D 4 171 Exhbt D D �M D 4 171 Exhbt E D D 4 171 Exhbt F D FAG; #1936 adding /kirea 5 (136 to the Consohdated Mai'iinteinaince Dilstidct D MD 5 (136 EkNbtl D MD 5 (136 EkN b t /k D MD 5 (136 EkNbt IB D MD 5 (136 EkNbt C D MD 5 (136 EkNbt D D MD 5 (136 EkNbt E D MD 5 (136 EkNbt F Type Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt 09120117 CC AGENDA PACKET PG 119 RESOLUTION OF INTENTION NO. 1932 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3 -103 (NORTHEAST OF BERKSHIRE ROAD & OLD RIVER ROAD) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 5) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner(s) has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 3 -103 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 103 \R0I 1932 EST CMD.docx Page 1 of 3 09120117 CC AGENDA PACKET PG 1 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 103 \R0I 1932 EST CMD.docx Page 2 of 3 09120117 CC AGENDA PACKET PG 121 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit T" S: \PROJECTS \MAINDIST \Formation Documents \Area 3 \MD 3- 103 \ROI 1932 EST CMD.docx Page 3 of 3 09120117 CC AGENDA PACKET PG 122 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3 -103 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as northeast of Berkshire Road & Old River Road and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 103 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 I• I a +1 a +► a +► reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works for the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 3 \MD 3- 103 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 W / a La +►a LEGAL DESCRIPTION Area 3-103 An area located in Section 29, Township 30, Range 27 M.D.B. & M., more particularly described as follows: Tract 7304 Bakersfield California Containing: 37.79 Acres, more or less. I *AV : I 1 1.1111 W-11 I'llulm NOT TO SCALE EMBIT'B" I 09120117 CC AGENDA PACKET Pc, 12b CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 09120117 AGENDA +► a +► MAINTENANCE DISTRICT AREA 3 -103 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 540 - 010- 09 -00 -7 Total Date: MAINTENANCE DISTRICT AREA 3 -103 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 MD 3 -103 EXHIBIT F DIVERSIFIED PROJECT SERVICES INTERNATIONAL July 13, 2017 Daniel Padilla City of Bakersfield, Public Works Department 1600 Truxtun Avenue Bakersfield, California 93301 Subject: Inclusion of Tract Map No. 7304 into the Consolidated Maintenance District Dear Mr. Padilla, We, the undersigned, as owners of the property included within Tract Map No. 7304 hereby request that the property be included within the Consolidated Maintenance District (CMD). This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is the payment of $871.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with an electronic copy of the map for your use. We understand that under Proposition 218 and Government Code Section 53753 ("applicable law "), a City Council hearing will be held for purposes of including the above mentioned property within the CMD and determining the amount of assessments. We hereby waive our right to a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 2016 at 5:15pm in the Council Chambers, located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Sincerely, Warren Sanders, Manager Old River Road, L.L.C. 5351 Olive Drive, Suite 100, Bakersfield, CA 93308 P:(661)371- 2800,F:(661)371 -2801 www.dpsiinc.com RESOLUTION OF INTENTION NO. 1934 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -170 (5900 COMANCHE DRIVE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 3) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -170 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 4\1\4D 4- 170 \R0I 1934 EST.docx Page 1 of 3 09120117 CC AGENDA PACKET PG 131 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 4\1\4D 4- 170 \R0I 1934 EST.docx Page 2 of 3 09120117 CC AGENDA PACKET PG 132 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 4\1\4D 4- 170 \R0I 1934 EST.docx Page 3 of 3 09120117 CC AGENDA PACKET PG 133 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -170 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 5900 Comanche Drive and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS \MAINDIST \Formation Docuinents\Area 4\1\4D 4- 170 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Docuinents\Area 4\1\4D 4- 170 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 4-170 An area located in Section 15, Township 29, Range 29 M.D.B. & M., more particularly described as follows: S P R 17-0041 5900 Comanche Dr. Bakersfield California Containing: 5.21 Acres, more or less. I *AV : I 1 1.1111 W-11 I'llulm NOT TO SCALE z. EXHOIT'S" I 17 CC AGENDA PACKET PG 137 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre MAINTENANCE DISTRICT AREA 4 -170 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 387 - 020- 37 -00 -4 Total Date: MAINTENANCE DISTRICT AREA 4 -170 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 Inclusion of a Subdivision into the Consolidated Maintenance District 8/15/2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of Parcel Map No. 12229 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Parcel Man No.12229 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $871.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law "), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 933-01. We hereby waive our right to further notice of that hearing. Respectfully, pt, P7Y Y Rupinder Jhaj ��,:. ---- Owner- Commanche, LLC RESOLUTION OF INTENTION NO. 1935 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -171 (301 - 313 DR. MARTIN LUTHER KING JR. BOULEVARD) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -171 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:\PROJECTS\MAINDIST\FonnationDoculuents\Area4\1\4D4-171\ROI 1935 EST.docx Page 1 of 3 09120117 CC AGENDA PACKET PG 142 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:\PROJECTS\MAINDIST\FonnationDoculuents\Area4\1\4D4-171\ROI 1935 EST.docx Page 2 of 3 09120117 CC AGENDA PACKET PG 143 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\FonnationDoculuents\Area4\1\4D4-171\ROI 1935 EST.docx Page 3 of 3 09120117 CC AGENDA PACKET PG 144 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -171 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 301 - 313 Dr. Martin Luther King Jr. Boulevard and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST\Fonnation Docu1nents\Area4\1\4D 4- 171 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 I • I a ,�a +►a _ � � installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S:\PROJECTS\IVIAINDIST\Fonnation Docuinents\Area 4\1VID 4- 171\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 4-171 An area located in Section 33, Township 29, Range 28 M.D.B. & M., more particularly described as follows: CUP 16-403, 17-0019 - 17-0021 301, 305, 309, 313 DR MARTIN LUTHER KING JR BLVD Bakersfield California Containing: 0.68 Acres, more or less. I *AV : I 1 1.1111 W-11 I'llulm EXHOIT'OB"' I 09120117 CC AGENDA PACKET Pc, 14,3 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre I• I a +1 a +► a ' MAINTENANCE DISTRICT AREA 4 -171 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 019 - 181 -30 -003 Total Date: MAINTENANCE DISTRICT AREA 4 -171 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 RE: Inclusion of (choose, one of the following)'Tract Map a PaFG-1 AA__ . RA- - If, . I 111V1W%#T_ 'vfw'21verNa,; CUP 16-403, 17-0019 - 17-0021 in a Consolidated Maintenance District (CMD) I Respectfully, (Name) (Title) RAn A-171 I=YWIRIT P 09120117 CC AGENDA PACKET PG 152 RESOLUTION OF INTENTION NO. 1936 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5 -86 (4500 HUGHES LANE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5 -86 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 86 \R0I 1936 EST.docx Page 1 of 3 09120117 CC AGENDA PACKET PG 153 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 86 \R0I 1936 EST.docx Page 2 of 3 09120117 CC AGENDA PACKET PG 154 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 86 \R0I 1936 EST.docx Page 3 of 3 09120117 CC AGENDA PACKET PG 155 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5 -86 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 4500 Hughes Lane and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5 -86 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S:\PROJECTS\IVIAINDIST\Fonnation Docuinents\Area 5\1VID 5 -86\PW DIRECTOR'S REPORT.docx EXHIBIT 1 I• I a ,� a +► a _ +► LEGAL DESCRIPTION Area 5-86 An area located in Section 13, Township 30, Range 27 M.D.B. & M., more particularly described as follows: SPIR 16-0258 4500 Hughes Ln. Bakersfield California Containing: 0.65 Acres, more or less. I *AV : I 1 1.1111 W-11 I'llulm NOT TO SCALE EXHOIT'S" I 09120117 CC AGENDA PACKET Pc, 155 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre I• I a s +► a +► RD MAINTENANCE DISTRICT AREA 5 -86 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 405 - 020- 09 -00 -4 Total Date: MAINTENANCE DISTRICT AREA 5 -86 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 MD 5-86 EXHIBIT F CALIFORNIA WATER SERVICE Bakersfield District 3725 South H Street Bakersfield, CA 93364 Tel. (661) 837-7200 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of Parcel I of Parcel Map No. 3116 (APN 405-020-09) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included Within Parcel 1 of Parcel Map No. 3116 (APN 405-020-09) hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04,021. Enclosed is a check for $871.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 0-3-01. We hereby waive our right to further notice of that hearing. Respectfully, aCL44--t At&T John Northrop Engineer, California Water Service Company Quality. Service. Value. calwater.com ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Agreements k. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 8/31/2017 iTiff-11 1.1 SUBJECT: Agreement with COMMLI NE Inc. ($75,000) for the installation of a two- way radio system at Rabobank Arena, Theater, and Convention Center. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The radio system used by AEG and City staff at Rabobank Arena, Theater, and Convention Center complex is antiquated and does not provide communications coverage throughout both facilities. There are issues with staff being able to communicate with each other depending on the location of the staff members. This is a safety and efficiency issue that this project will correct. This project will upgrade the radio system and handheld units, which will provide radio coverage throughout both facilities. Additionally, this project will make the radio system within the facility "public safety' ready, should there ever be a need to utilize either facility for emergency-related activities or sheltering. A request for proposal (RFP) was issued for a two-way radio system for the facilities. The following firms submitted proposals: COMMUNE, Inc. Gardena, CA BearCOM Redondo Beach, CA Communications Enterprises Inc. Bakersfield, CA Day Wireless Systems Burbank, CA Advance Technology Bakersfield, CA The City's Selection Committee rated the firms based on a combination of design, proposed hardware solution/implementation, and cost. After review, staff recommends awarding the contract to COMMUNE Inc. Staff believes their proposal meets and exceeds the City's needs for reliable two-way radio coverage throughout the arena, theater, and convention center, and is the most comprehensive solution to the issues that have persisted. The proposal provides the most robust design and includes all equipment that was deemed necessary by staff for these improvements. This project is proposed to be funded through Capital Outlay funds being appropriated as part of a separate item on tonight's agenda. There is no General Fund impact associated with this action. ATTACHMENTS: Description Type D /kgireeirneint /kgireeirneint W1 SMA ,&[VJJWL THIS AGREEMENT is made and entered into on _11_1 . . ...... . _1 by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and: COMMLINE INC., ("CONTRACTOR" herein). WHEREAS, CONTRACTOR, represents, CONTRACTOR is experienced, well qualified and a specialist in the field of design, and instaIlaflon of Two-Way mobile radio systems, with specific experience with large entertainment venues. 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'. Design and installation of a distributed digital two-way radio system, for the Rabobank Arena, Theater and Convention Center as oultlined in Option I with optional Uninterruptibie Power Supply (UPS) of "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 payment not to exceed Seventy-Five Thousand Dollars ($75,000) which shall be paid as follows: Net 3O days after submission of itemized invoice following completion of work. 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 PROCE_QURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized involice 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, INDEPENDENT CONTRACTOR'S AGREEMENT Ccw"'Irn�rc Aven(�i Ac.1re: enm,,nC.dncy -,(Jpdcjted Marc10,2015 -- Page 1 of 9 Pages -- 4. KEY PERSONNEL, CONTRACTOR shalll name all key personnel to be assigned to the work set forth hereiri. 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. 01TY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shalll not change such personnel without the written approval of CITY. S. 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. 91. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all' legal requirements aind 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. INDEPENDENT CONTRACTOR'S AGREEMENT k- ye,:Hri.,wil dccx JIWated � March 9, 2015 Page 2 of 9 Pages -- R 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 Agreer-rent shall prevail. All exhibifs to which reference is made in this Agreement are deemed incorporated In this Agreement, whether or not actually attached. 12. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on September 1, 2018. 13. TERMINATION. This Agreement r-nay be terminated by any party upon Thirty (30) days written notice, served by mail or personal service, to 0111I other parties, 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shallll, at CONTRACTOR's sole cost, comply with cill 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 aII 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. SB 854 COMPLIANCE. To the extent Labor Code Section, 17711.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be Misted in a bid proposal, be subject to the requirements of Section, 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapfer, unless currenfly registered and qualified to perform public work pursucint to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.11 of the Business and Professions, Code or by Section 10164 or 201013.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Ilndusfrial Relations. 16. 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 cis forming a partnershiip or any other association with CONTRACTOR other than that of an independent contractor. iNDEPENDENT CONTRACTOR'S AGREEMENT Corurnlifif" z,upckjteci- Mcir,,-h9,2W5 -- Pagie 3 of 91 Pages -- 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR, will supply call equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. 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: 19.1 Automobile liability _insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage andl personal injury, with 11mits of not less than One Million Dollars ($1,000,000), per occurrence, and the policy shall, 19.1.1 Provide coverage for owned, non-owned and hired autos. 19.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more (persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence, and the policy shall: 19.2.1 Provide contractual liability coverage for the terms of this Agreement. 19.2.2 Provide unlimited products and completed operations coverage. 19.2.3 Contain an additional'; 'insured endorsement in favor of the City, its mayor, counciII, officers, agents, employees and volunteers. 19.2.4 All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self-Insured Retention provided that the policy shall not contain language, whether added by endorsement or contaiinedl in the Policy Conditions, that prohibits satisfaction of any Self-Insured provision INDEPENDENT CONTRACTOR'S AGREEMENT Comrnd ro. Ay n k�odb Sy fl cm Agr .rrenf.do,_,( Page 4 of 9 Pages -- or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.3 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 subrogatioln in favor of the City, its rnayor, council, officers, agents, employees and volunteers, 19.4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, counciI, 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 shalll not contribute with it. 19.5, Except for workers,' compensation, insurance is to be placed with insurers with a Best's, rating as approved by CITY's Risk Manager, but in no event less than A-:VII, Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or Insurance rated below Best's A-:VIl, must be declared prior to execution of this Agreement and approved by the CITY in writing. 19.6 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. 19.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily comptleted as evidenced by written acceptance by the CITY. 19.8 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. 19.9, Full compensation for all premiurns 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 INDEPENDENT CONTRAC°IORS AGREEMENT' II Acp'_,ernwrtrt R�,i L:,'^,f kek .h:,rrl M[ ,ornrnkne Arona Rcidio sys?ern A - Updak?,d Page 5 of 9 Pages -- additional premiums, which may be required by extensions of the policies of insurance. 19.10 It is further understood and' agreed by the CONTRACTOR that its liability to the CITY shall] not in any way be limited to or affecfed by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 19.11 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 s,ubcontractors, even if the CITY has approved lesser insurance requirements for CONTRACTOR. 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and r-nateriall bonds in arTioun,ts 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. 20. 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. 21. 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 dernands whatsoever against them, or any of them, before administrative orjudicial 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 indeminified hereunder, except for CITY's sole active negligence or willful misconduct. 22. 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. 23. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mall 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, add,ress designated by INDEPENDENT CONTRACTOR's AGREEMENT Ccrnrdlnc Ai(,,ro Rodlc 'S,,,Iern T� Updo t(-� d . March 9, 2015 -- Page 6 of 9 Pages -- property of the CITY. 29. 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 of COI TRACTOR'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. 30. 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. CONTRACT R's Federal Tax ID Number 95-47 8314 CONTRACTOR its a corporation? Yes X Igo® (Please check one.) 32. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090) . 33. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and alllocafion of resources by the City Council. 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 COMMUNE, Inc. B y" KAREN GOH Mayor 1110 Muvv,,� . . . . ........ . ..................... Title- CEO AddikonaV Signaikires an Follr',vvirg Page lNDEPENDENT CONTRACTOR '$ AGREEMENT F Comrnlme. F1r enu kudlc yslfir, Agreeqn,wml-,,Jcwx Mcirch 9 20 h Page of 9 Pages -- APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: CITY DEPARTMENT NAME By: ALAN TANDY City Manager COUNTERSIGNED: NELSON SMITH Finance Director Attachment: Exhibit A INDEPENDENT CONTRACTOR'S AGREEMENT P:\ Agreements \Radio \Comm Line \Rabobank Commline Arena Radio System Agreement.docx B Updated - March 9, 2015 -- Page 9 of 9 Pages -- 09120117 CC AGENDA PACKET PG 173 Go x LLJ I An P, O WAVArAEqMA >1 0) 0 0 _0 0 -C 06 -C 0 2 NO I 'D 4 (1) x _0 c (D 2 NO 0 ca CL E 0 C) I x _0 c CL a) CL or .3 1.. 0, PJPAMA V co 2 NO j C u c 0 175 a) U O (0 L n3 a) U, U U a) �o Co N E L U C (0 E ^, >U U) W nL' VJ (0 .0 0)-o i U)a)he EL �m � (D U U N Q co 0 �m O d C E V a) co m U - a U 3 O 0 d - C) a 0 o Q r 06 Cl) < E 2. m O O O d U- I— cfl U I— I- ■ ■ ■ • r w u 0 _0 m _0 m E c� Q a) c cn vi O a) U co U O N N U ! � Q >% _ U m O U 0) U ^^D (0 O C U I L D L O 4 Q Q O Q C U (0 W o U � co O m n3 n °' Y � C _N Q C C a) E m �2 O U U U cfl ACA♦ A♦ '= L" m > °' D «_ -O U U U U m (0 O a) Q E i O U — C O >% U p � T O L) C m �, ^U, (0 ^ (D ^ O U O U Q U) a) m C a) U) O 0 O O � Q L Q a) Q y. 4-- �- U L o c c Co U `I� co ( (D a) U O _ L > Co —_ m D _0 Nom.. 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T— cy) LO CY) 00 o 0 U') co M 6 E co Z 0 0) x co (o -0 co L- (D C/) Z 0 0 0 x = co -0 (1) -n c c 0 09120117 CC AGENDA PACKET PG 197 1. 0, PJPAMA j c u c 0 co E >1 0) 0 0 -0 0 U) a) D > 0 co E E :3 4- a) 01-0 0 C) U) 06 1 1 a) > -C 0 co 0 x 0 x _0 0- CL X r 0- CL W 1. 0, PJPAMA j c u c 0 W CO LO J CO 70 O ti— N V V N O O O LL cu O cu V E O 0 cu cu cu N V .O a� cu C N Q N U >, C L L L O O 0 -O O L V �t�— E OO O N N N >0LN )x3,20 N C C N c- 0 O C V O O% N N 0) i L Q ; Q O N N O V O Q- cB 0 -0 0 � 4r E o N cn N� N O cn O .I O 0 a) C ''' N 00 L N N ca 0 -0 .c O O C� � � m 0, O 0 OU-) Q o L- E 0 O D O ca N N N Oj, >1 Q N E >, c U J L L L Q O E u) O 'O Q O N E 0 0 O 3: N O � �U I— O O C fn m O o _ c O d -O > m O O O= O w- O — Q � O > cII C N O 1qb ! 1 O U U U U O 5� O O �Z" Z 0 "'� A I I � �W � 41 V* 0 ol * Vpi/p/ 40 a f v DATE CERTIFICATE OF LIABILITY INSURANCE 08/30/2017 PRODUCER I HIS UtzK I WIUA I t IS ISSUtzU AS A IVIA I I tK Ur INrUKIVIA I IUN POLICY EFFECTIVE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Christian Charles Insurance Services Inc LTR HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3750 E Anaheim St. Suite 201 POLICY NUMBER ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Long Beach, CA 90804 LIMITS (562)264 -1453 INSURERS AFFORDING COVERAGE NAIC # INSURED $ 1,000,000 INSURERA: Colony Insurance Company 39993 Commline, Inc. 103GL0011394 -01 INSURERB: Hartford Underwriters Ins. Co. 30104 13700 Cimarron Ave. $ 100,000 INSURERC: Nat'l Union Fire Ins. Co. of PGH, PA 19445 Gardena, CA 90249 INSURERD: Hartford Underwriters Ins. Co. 30104 MED EXP( Any one person ) $55,000 INSURER E $ 1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER DATE MM /DD /YY DATE (MM /DD /YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY 103GL0011394 -01 10/01/2016 10/01/2017 FIRE DAMAGE( Any one fire ) $ 100,000 A CLAIMS MADE OCCUR MED EXP( Any one person ) $55,000 PERSONAL && ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP / OP AGG $ 2 000,000 :X POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO 72UECGZ9341 12/05/2016 12/05/2017 (Ea accident) ALL OWNED AUTOS X BODILY INJURY $ X B SCHEDULED AUTOS ( Per person) HIRED AUTOS X BODILY INJURY $ X NON - OWNED AUTOS ( Per accident) X PROPERTY DAMAGE $ ( Per accident ) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY : AGG EXCESS LIABILITY EACH OCCURRENCE $2,000,000 xI OCCUR El CLAIMS MADE EBU 021050675 10/08/2016 10/08/2017 AGGREGATE $ C $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OE - %� T CRY LIMITS ER EMPLOYERS' LIABILITY E. L. EACH ACCIDENT $ 1 000 000 D ANY PROPRIETOR /PARTNER /EXECUTIVE 72WECZHO971 02/01/2017 02/01/2018 E. L. DISEASE - EA EMPLOYE q$ 1,000,000 OFFICER /MEMBER EXCLUDED? If yes, describe under E. L. DISEASE - POLICY LIMIT $ 1,000;000 SPECIAL PROVISIONS below OTHER $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Bakersfield, its mayor, coucil, officers, agents, employees and volunteers are endorsed as additional insureds the General Liability policy, per attached endorsement form. This insurance is deemed primary and non - contributory to the Auto policy, and a WC Wavier of Subrogation applies in favor of the City of Bakersfield, per attached endorsement forms. CERTIFICATE HOLDER X ADDITIONAL INSURED ; INSURER LETTER : CANCELLATION The City of Bakersfield SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1600 Truxtun Ave. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Bakersfield, CA 93301 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. / -\uumu LO (LUu Iwo) V /Ak -umu k- umt'Ut[H 1 IUIV 1 yoo W1 ,&[VjjrAffl4MA La +►a +► 103 GL 0011394 -01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations as required by written contract As designated in written contract with the Named with the Named Insured Insured Information required to complete this Schedule, if not shown above, will shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 103 GL 0011394 -01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured for commercial projects only Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 72UECGZ9341 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured ", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its per M--- -j /17 CC A GENDA PA CKET PG 2 05 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 72UECGZ9341 E. Primary and Non - Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its perr--:-j 0920117 CC AGENDA PACKET PG 206 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC ZH0971 Endorsement Number: Effective Date: 02/01/17 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: COMMLINE INC 13700 CIMARRON AVE GARDENA, CA 90249 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. SCHEDULE Countersigned by 2 % of the California workers' compensation Job Description AS REQUIRED BY WRITTEN CONTRACT. Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 01/23/17 Policy Expiration Date: 02/01/18 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Agreements I. TO: Honorable Mayor and City Council FROM: Lisa McGranahan, Human Resources Manager DATE: 8/1/2017 111-11 N 03 SUBJECT: City physician services agreements: 1. Agreement with Central Valley Occupational Medical Group, Inc. (not to exceed $100,000 annually; three year term). 2. Agreement with Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine (not to exceed $100,000 annually; three year term). STAFF RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: Currently, the City contracts with two facilities that hold the designation of City Physician: Central Valley Occupational Medical Group and Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine (herein Memorial Occupational Medicine). The City Physician services include pre- employment physicals, HAZMAT physicals, fitness for duty exams, and drug and alcohol testing. The current agreements for both facilities expire on October 31, 2017. On July 14, 2017, City staff released a request for proposals (RFP) for City Physician services. In response to the RFP, the City received three proposals from the following medical facilities: • Central Valley Occupational Medical Group • Memorial Occupational Medicine • Kaiser on the Job City staff reviewed and assessed all collected information from the proposals including, but not limited to, cost of services, physician and office staff, customer service levels, and knowledge of occupational medicine as it relates to our employee classifications. After review, City staff recommends agreements be awarded to Central Valley Occupational Medical Group and Memorial Occupational Medicine. The fees for services in the request for proposals are similar for both facilities and meet budget projections for the current fiscal year. The terms of these agreements are the same as the previous agreements. The agreements are for a three year period commencing November 1, 2017, with an annual not-to-exceed amount of $100,000 for each facility. ATTACHMENTS: Description Type D Ceinti4 VaIley 0('('Upadoir4 /kgireeirneint D Meirnoir4 0('('Upadoir4 IMe6dine /kgireeirneint AGREEMENT NO. CITY PHYSICIAN'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY" herein) and CENTRAL VALLEY OCCUPATIONAL MEDICAL GROUP, INC. ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and WHEREAS, the CITY does not have expertise currently on staff to perform City physician services; and WHEREAS, CITY desires to employ CONTRACTOR for pre - employment physicals, fitness for duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services, and WHEREAS, on August 14, 2017, CONTRACTOR submitted a response to Request for Proposals issued by CITY. Said Request for Proposal and CONTRACTOR's response are incorporated herein by reference as though fully set forth, as Exhibit "B." 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, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre - employment physicals, fitness for duty physicals, drug testing and other medical services as set forth in the City's Request for Proposal attached hereto and incorporated herein as Exhibit "A." CONTRACTOR may perform other work as agreed to by the parties in writing. CONTRACTOR agrees to provide the above - referenced services to the CITY on a priority basis for CITY employees and management. The scope of work shall include all items and procedures necessary to INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated - March 9, 2015 -- Page 1 of 10 Pages -- 09120117 CC AGENDA PACKET PG 210 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 payment of the appropriate fee as set forth in the Proposal to Provide Medical Services from the Contractor. The total compensation paid to the CONTRACTOR shall not exceed One Hundred Thousand Dollars ($100,000) for any given year. 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. INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated — March 9, 2015 -- Page 2 of 10 Pages -- 09120117 CC AGENDA PACKET PG 211 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. TERM. This Agreement shall continue for a period of three (3) years commencing November 1, 2017. The CITY, as an option, may extend the contract for one additional year with the same terms and conditions. 13. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated — March 9, 2015 -- Page 3 of 10 Pages -- 09120117 CC AGENDA PACKET PG 212 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. 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. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. 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: 19.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of insurance ( "basic insurance requirements ") herein: 19.2 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: 19.2.1 Provide coverage for owned, non -owned and hired autos. 19.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an INDEPENDENT CONTRACTOR's AGREEMENT S: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated - March 9, 2015 -- Page 4 of 10 Pages -- 09120117 CC AGENDA PACKET PG 213 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: 19.3.1 Provide contractual liability coverage for the terms of this Agreement. 19.3.2 Provide products and completed operations coverage. 19.3.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.4 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 in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.5 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. 19.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to INDEPENDENT CONTRACTOR'S AGREEMENT 5: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated - March 9, 2015 -- Page 5 of 10 Pages -- 09120117 CC AGENDA PACKET PG 214 execution of this Agreement and approved by the CITY in writing. 19.7 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. 19.8 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. 19.9 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. 19.10 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. 19.11 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. 19.12 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 CONTRACTOR. 19.13 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. 20. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated — March 9, 2015 -- Page 6 of 10 Pages -- 09120117 CC AGENDA PACKET PG 215 shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 21. 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. 22. 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. 23. 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: LISA MCGRANAHAN HUMAN RESOURCES MANAGER CITY OF BAKERSFIELD - CITY HALL 1600 TRUXTUN AVENUE BAKERSFIELD, CA 93301 CONTRACTOR: J.R. CARRERA DIRECTOR OF OPERATIONS CENTRAL VALLEY OCCUPATIONAL MEDICAL GROUP, INC. 4100 TRUXTUN AVENUE, SUITE 200 BAKERSFIELD, CA 93309 24. 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. 25. FURTHER ASSURANCES. Each party shall execute and deliver such INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated - March 9, 2015 -- Page 7 of 10 Pages -- 09120117 CC AGENDA PACKET PG 216 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. 26. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 27. 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. 28. 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. 29. 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. 30. 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. INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated — March 9, 2015 -- Page 8 of 10 Pages -- 09120117 CC AGENDA PACKET PG 217 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 77- 0544635. CONTRACTOR is a corporation? Yes X No (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. 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. 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 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney Insurance: J.R. CARRERA Title: Additional Signatures on Following Page INDEPENDENT CONTRACTOR's AGREEMENT S: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated - March 9, 2015 -- Page 9 of 10 Pages -- APPROVED AS TO CONTENT: CITY MANAGER ALAN TANDY City Manager COUNTERSIGNED: NELSON SMITH Finance Director Attachment: Exhibit A - Request for Proposal Exhibit B - Proposal from "CONTRACTOR" INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for CVO 2017.docx B Updated — March 9, 2015 -- Page 10 of 10 Pages -- 09120117 CC AGENDA PACKET PG 219 EXH I BIT A CITY OF BAKERSFIELD REQUEST FOR PROPOSAL (RFP) TO PROVIDE MEDICAL SERVICES (CITY PHYSICIAN) PROPOSALS DUE AUGUST 14, 2017 /. a �a .a The City of Bakersfield is seeking qualified physicians to provide medical services as described herein, other than treating workers' compensation claimants, as the City's Physician. All inquiries concerning this RFP are to be directed to: Lisa McGranahan Human Resources Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326 -3408 Proposals are to be marked: City Physician RFP ALL PROPOSALS MUST BE RECEIVED BYAUGUST 14, 2017, AT 5:00 P.M. PDT AT THE ABOVE OFFICE ADDRESS. PROPOSALS RECEIVED AFTER THE ABOVE DEADLINE WILL NOT BE ACCEPTED. GENERAL INFORMATION The City of Bakersfield desires proposals from qualified physicians who will perform Pre - employment Physicals, Drug Screening, Fitness - for -Duty Physicals, Driver's License Physicals, Hazardous Materials Physicals and Disability Retirement Evaluations. The following physicals were completed in a recent 12 -month period. 120 Pre - employment Physicals 230 Pre - employment Drug Screens 110 Random Drug Screening (includes DOT testing) 70 Fitness for Duty (Non - Industrial and Industrial) 170 Driver's License 35 Functional Capacity The City of Bakersfield has approximately 1,500 full -time, regular employees, and approximately 125 temporary employees, depending on seasonal fluctuations. The services of the City Physician will be retained for a three -year period beginning on November 1, 2017. The Agreement between the City of Bakersfield and the City Physician will be reviewed on an annual basis. The City reserves the right to contract with more than one service provider. SERVICES PROVIDED BY CITY PHYSICIAN 1) Pre - employment physical examinations; 2) Functional capacity evaluation /assessment (including ADA assessments); 3) Department of Motor Vehicle physicals; 4) Fitness - for -Duty evaluations and Disability Retirement evaluations; 5) Drug Screening (includes DOT regulated tests); 6) Hepatitis B inoculations including Firefighters, Police Officers, Lifeguards and other at -risk employees; (on -site and in- office); 7) Hazardous materials physicals for Fire Department Hazardous Materials Team, 8) Medical /legal witness for the City Attorney's Office and Risk Management Division; 9) Medical consultation for three (3) Civil Service Boards regarding medical appeals; 3 Wj as .a 10) On -site presentations and discussions with staff and employees regarding a variety of medical related employee wellness issues (i.e., weight control, cholesterol level, blood pressure, exercise), and other Risk Management related issues as requested, 11) Annual influenza inoculations and vaccinations. SERVICES TO BE PROVIDED BY CITY STAFF City staff will review and evaluate the proposals submitted and will present a report with a recommendation to the City Council. Final selection will be made by the City Council. RFP INTERPRETATION AND ADDENDA Interpretation of RFP: All proposers shall carefully examine the requirements, specifications and conditions expressed in the RFP and fully inform themselves as to the quality and type of services required. Discrepancies, omissions or requests for interpretation should be submitted in writing to: LISA MCGRANAHAN Human Resources Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326 -3408 Addenda: Any change in the RFP will be made only by written addenda. Addenda issued by the City interpreting or changing any of the items in this RFP shall be incorporated into this RFP. The vendor shall sign and date the Addenda Cover Sheet, if any, and submit them with the proposal (or deliver them to the City Human Resources Office, if vendor has previously submitted its proposal to City). Failure to receive any addenda shall be the sole responsibility of the vendor. Vendor shall check with City to insure all addenda have been received prior to submitting any proposal. City shall not be held liable in any event for failure of vendor to receive addenda or letters of clarification. 4 W as .a TERMS AND CONDITIONS Contract: A sample contract detailing the terms and conditions under which work is to be performed is attached. Although minor changes may be negotiated, the sample contract is substantially as it will be in its final form. Requested changes to the terms and conditions of the contract must be included in the contract section of the proposal. Compensation: It is the City's preference to contract for the services to be performed under this Agreement on a fixed fee schedule. Other Physicians: City physician shall supply to City a complete listing of, and payment schedule for, all physicians, physical therapy facilities, laboratories, and other medical services which City physician uses as subcontractors for medical services provided to City. The cost of these subcontractors will be the sole responsibility of the City Physician. The City will contract only with the City Physician who will be solely responsible for providing the services agreed to in the contract. Local Preference: Whenever possible, the City requests the use of local health care providers and service facilities in close proximity to City facilities and operations. However, outside providers will not be excluded and are encouraged to submit a Request for Proposal. Invoicing: Provider's clerical staff will work closely with the City's Human Resources and Risk Management staff in ensuring, to the extent possible, the following: 1) Invoices and statements are issued at approximately the same time and in a consistent time frame; 2) On follow -up appointments, the original appointment date will be referenced on the new invoice; 3) For drug screens and pre - employment physicals, note on the invoice whether the test is for a regular or temporary employee; 4) The City employee authorizing any appointment will be noted on the invoice. 6i /. / a �a .a GENERAL INSTRUCTIONS The submission of a proposal shall be conclusive evidence that the provider has investigated and is satisfied as to the conditions to be encountered, the type, quality and scope of work to be performed and the requirements of the City. Proposal to Remain Firm: All proposals shall remain firm for a period of at least one hundred twenty (120) days from August 14, 2017. Compliance with all Laws: Vendor shall, at vendor's sole cost, in responding to this RFP, and in carrying out the terms of the contract, should a contract be awarded, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, and shall faithfully observe in all activities relating to or growing out of this proposal all municipal ordinances and state and federal statutes, rules and 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 §5.02) where required. Signature of Provider: The proposal and any clarification thereto shall be signed by an officer of the provider company or designated agent empowered to bind the firm in a contract. Complete Written Proposal: Only written proposals will be accepted. No oral, facsimile, telegraph, telephone or electronic proposals or submissions will be considered. The completed proposal shall be without interlineation, alteration or erasers. Unnecessarily lengthy documents are discouraged. PROPOSAL FORMAT AND CONTENTS For ease in review and to facilitate evaluation, the proposals submitted for this project should be organized and presented in the following requested order: Cover Page Name of Firm and Proposal Title Organizational Information Provide specific information concerning your firm in this section. If two or more firms are involved, information concerning the working relationship between the firms, i.e., primary physician /other physician must be provided. 0 W1 as .a (a) Contract Information Provide a list of any contracts you may have with the City of Bakersfield. (b) Medical Practice Information Describe your current medical practice and the approximate percentage of time dedicated to various medical services. (c) Other Provide a list of any ownership interests you may have with any medical facility, including, but not limited to, laboratories, radiology, and equipment. Specification re Computer - Integrated Linkup: Provide specifications regarding computer- integrated communication linkup to City's Risk Management and Human Resources Divisions for purposes of billing and accessing patient status. Provide security measures for same. Describe how the program works. Qualifications and Experience: Provide specific information in this section concerning your firm's and /or other physicians' capabilities and experience as it relates to the services provided. Provide a list of other organizations which your firm works with, and provides medical services that are of similar nature to the City of Bakersfield. Include names and telephone numbers of three (3) references for these services provided. Professional Team: Include the name and location of the office where the work is to be performed. Provide a list of personnel who are part of your staff and the length of time employed. Attach curriculum vitae for medical doctors (including any board certifications), and all significant members of the professional staff which reflect their experience in this type of work. Indicate hospital(s) affiliation for each physician. Finally, provide an organizational chart for the professional staff which identifies their titles. W as .a Insurance Requirements: Prior to beginning work, the vendor will provide evidence of the following insurance coverage: 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); 2. Workers' Compensation 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. 3. General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; Two Million Dollars ($2,000,000) in the aggregate; 4. Each physician named in the proposal must carry Medical Professional Liability Insurance at no less than $1,000,000. Attach proof of endorsements and certificates of insurance to this proposal. The Workers' Compensation insurance policy shall include a Waiver of Subrogation endorsement in favor of the City of Bakersfield. The General Liability insurance policy shall include an Additional Insured endorsement naming the City of Bakersfield, its mayor, council members, agents and employees as additional insureds. All policies required of the vendor shall be primary insurance as to the City, its mayor, council members, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the City shall be excess of the vendor's insurance shall not contribute with it. 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. 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. The vendor 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. Full compensation for all premiums which the vendor is required to pay on all of 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 for additional premiums which may be required by extensions of the policies of insurance. s I• as .a It is further understood and agreed by the vendor 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 vendor in connection with this Agreement. 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. Cost of Services: An itemized fee schedule should be included based upon scope of work to be performed as enumerated in the attached Fee Schedule Exhibits A - I. Sample Reports: Proposal shall contain written samples of status reports that would be submitted to the City on a Pre - employment Physical, a Driver's License Physical, and a Fitness -for- Duty Physical. Exceptions (General): If you cannot comply with any conditions of the scope of work to be performed, explain what conditions cannot be complied with and the reason. Exceptions to Contract Terms: If you cannot comply with any conditions of the contract, explain what the conditions cannot be complied with, and the reason. SELECTION PROCESS Solicitation Caveat: The issuance of this solicitation does not constitute an award commitment on the part of the City nor shall the City pay for costs incurred in the preparation of, or submission of proposals. Proposal Submission: Submit four (4) copies of your proposal to: LISA MCGRANAHAN Human Resources Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 ALL PROPOSALS MUST BE RECEIVED BY AUGUST 14, 2017, AT 5:00 P.M. PDT AT THE ABOVE OFFICE ADDRESS. PROPOSALS RECEIVED AFTER THE ABOVE DEADLINE WILL NOT BE ACCEPTED. Initial Screening: All proposals received by the specified deadline will be reviewed by the City staff for content, fee charges, related experience and professional qualifications of physicians and other professional staff (including length of the employment with facility). City staff will then make a recommendation to the City Council. Included in the review may be an inspection of the facility. Interviews of those selected firms may be conducted as part of the final selection process. Award of contract is contingent upon approval by the Bakersfield City Council. The City reserves the right to select the Proposal(s) which, in its sole judgment, best meets the needs of the City. Resection of Proposals: The City reserves the right to reject any and all proposals received and to waive any informality, technical defect or clerical error in any proposal as the interest of the City may require. Applicants submitting proposals which do not substantially meet the requirements will be considered noncompliant. Notification: After evaluation of proposals and approval by the City of Bakersfield, all proposers will be notified by letter of the new provider(s), within twenty (20) days of the final selection. The contents of the proposal and any clarification thereto submitted by the successful proposer shall become part of the contractual obligation and incorporated by reference into the ensuring contract. All proposals become the property of the City of Bakersfield and will not be returned to the proposer. SELECTION CRITERIA The City of Bakersfield reserves the right to award this contract not necessarily to the firm with the lowest cost, but to the firm which will provide the best overall match to the RFP requirements. Failure to provide requested information or unwillingness to accept the terms, conditions and other requirements of this RFP may result in rejection of the proposal. Firms will be selected for oral interviews based on their overall quality of written response to the RFP, public entity cost containment experience, computer systems and compatibility, fee structure and overall costs, and experience and skill of staff. An evaluation team comprised of representatives of the City of Bakersfield and other team members as deemed necessary will review all proposals meeting the criteria of 11M W,MVArAEqMA .� this RFP. Proposals will be evaluated using a weighting factor for criteria listed below. The weighting factors and total scores will remain confidential. Failure to provide requested information or unwillingness to accept terms, conditions and other requirements of this RFP may result in rejection of the proposal. The City of Bakersfield reserves the right without prejudice to reject any or all proposals. Provider Qualifications: This criterion will measure the ability of the prospective physician to successfully complete the contract as required. Consideration will be given, but not limited to, the following, with points or rating factors applied. The sum of the factors will be the total given to this grouping. 1. Expertise, Experience, Education, License and Certification. 2. Ability to write comprehensive, logical and concise reports. 3. Ability to be on -call 24 hours, 7 days a week. 4. Prior experience in toxic and pesticide exposures, disability evaluation, and drug testing. (Include documentation.) 5. Review of listed references. 6. Professional training or other experience that qualifies physician to testify in areas of claims liability and Americans with Disabilities Act. 7. Professional training of other members of professional staff. 8. Experience in testifying in court. This should include, but not be limited to, the number of times physician has testified in court and in what areas of expertise physician has been certified by the Superior Court. In addition, experience testifying at Workers' Compensation Appeals Board Hearing. Administrative Hearings and at depositions. (Submit any relevant documentation.) 9. Adequacy of facilities and equipment. 10. Ability to conduct physical examinations within a reasonable time and provide medical reports within a maximum of three (3) days of the examination. 11. Ability to see employees or applicants within a reasonable time of scheduled appointment. 12. Availability for telephone and /or in person conferences by City management staff. 13. Cost of services including sufficiency of detail. 14. Ability to commence services upon contract approval. 15. PROFESSIONAL MERIT: The soundness of the program and professionalism of the content will be evaluated by this criteria. This is to include such things as knowledge of content, the types of medical issues, and the varied services the City Physician will perform. In addition, reasonableness of staffing plans, soundness of approach and quality of the total program offered will be considered. /. a �a .a APPFNnix INSTRUCTIONS FOR EACH SERVICE OR EXAMINATION SPECIFIED IN THE FOLLOWING EXHIBITS A - J, INDICATE THE COMPONENT FEE CHARGED FOR THAT SERVICE OR EXAMINATION. ALSO INDICATE THE TITLE OF THE INDIVIDUAL ADMINISTERING THE TEST. INCLUDE ADDITIONAL TESTS OR SERVICES AS APPROPRIATE WITH THE FEE SCHEDULE FOR EACH TEST. 12 Wf as .a EXHIBIT A City Of Bakersfield Fee Schedule for Hazardous Materials Physicals for Fire Department RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular (including interpretation) $ Oxygen Uptake for MET Level $ Audiogram $ Spirometry with completed Respiratory Questionnaire $ Urinalysis $ Cholinesterase Levels $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ Occult Feces Blood Screen $ Heavy Metal Testing Cadmium Beryllium Lead Mercury Arsenic $ X -ray Lumbar 5 views (at discretion of physician) $ X -ray Lumbar 3 views $ X -ray Chest 2 views $ Functional Capacity Evaluation $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 13 W as .a EXHIBIT B City Of Bakersfield Fee Schedule for Pre - Employment Physical for Fire Department RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular $ Electrocardiogram $ Oxygen Uptake for MET Level ** $ Audiogram $ Spirometry $ Urinalysis $ TB Skin Test $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ Drug Screen $ X -ray Lumbar 5 views (at discretion of physician) $ X -ray Lumbar 3 views $ X -ray Chest 2 views $ Occult Feces Blood Screen * * $ Respiratory Questionnaire $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 14 W as .a EXHIBIT C City Of Bakersfield Fee Schedule for Voluntary Annual Physical for Fire and Police RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular $ Electrocardiogram $ Audiogram $ Spirometry $ Urinalysis $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ PSA if over 40 years old $ X -ray Chest 2 views $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. IN /. a �a .a EXHIBIT n City Of Bakersfield Fee Schedule for Police Department Clandestine Lab Training Physical RFP 2017 Service Fee Title of Person Performinlz Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular (including interpretation) $ Electrocardiogram $ Audiogram $ Spirometry $ Urinalysis $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ X -ray Chest 2 views $ Respiratory Questionnaire $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 16 W as .a EXHIBIT E City Of Bakersfield Fee Schedule for Police Department FBI Hazardous Devices School Physical RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular (including interpretation) $ Electrocardiogram $ Audiogram $ Spirometry $ Urinalysis $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ X -ray Chest 2 views $ Functional Capacity Evaluation $ Respiratory Questionnaire $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 17 W as .a , EXHIBIT F City Of Bakersfield Fee Schedule for Pre - Employment Physical for Police Department RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular $ Electrocardiogram $ Audiogram $ Spirometry $ TB Skin Test $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ Drug Screen $ X -ray Lumbar 5 views (at discretion of physician) $ X -ray Lumbar 3 views $ X -ray Chest 2 views $ Respiratory Questionnaire $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 18 W as .a EXHIBIT G City Of Bakersfield Fee Schedule for Miscellaneous Services RFP 2017 Service Fee Title of Person Performing Services Educational Programs Heart Disease $ Hypertension $ Colon Cancer $ Back Care $ Heat Illness $ Exercise and Fitness $ Nutrition/Weight Control $ Substance Abuse $ Stress Management $ Tobacco & Alcohol $ Screening Programs $ Diabetes $ Weight Control $ Hypertension $ MMR Titer $ Varicella/Zoster Titer $ TDAP- Tetanus, Diphtheria, Pertussis $ Tuberculosis Skin Test $ Tuberculosis Chest X -ray $ MMR Booster $ Varicella/Zoster Vaccine $ 19 W1 as .a Respirator Fit Test $ Respirator Fit Test Full Face $ Respirator Questionnaire $ Spirometry $ Seasonal Influenza $ *On -Site Clinic Fee $ Hepatitis Vaccination (A, B, A/B Twinrix) $ Near Vision Testing $ Medical Consultation for Committees or Boards Regarding Medical Appeals $ Fitness for Duty $ Functional Capacity Evaluations $ Med /Legal Witness for the City Attorney's Office and Risk Management $ DMV Recertification Physical $ Urine Drug Screen (DOT) $ Management of DOT Program $ Any Additional Tests Or Pricing That Is Pertinent To Include Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. *Seasonal Influenza and other vaccinations are typically administered as an on -site clinic at our employer location. Indicate if there is a fee for services involving an on -site clinic, and what the fees are for the clinic. If no fee is applicable, indicate NO FEE. 20 W aa .a EXHIBIT H City Of Bakersfield Fee Schedule for Pre - Employment Physical for Group A (Med -Heavy Laborer) RFP 2017 Service Fee Title of Person Performing Services Drug Screen — Rapid *Do not proceed unless negative results $ Complete History and Physical Exam $ Functional Capacity Evaluation $ DOT Physical /Drug Screen *As requested per position requirements $ Audiogram *As requested per position requirements $ Spirometry *As requested per position requirements $ TB Skin Test *As requested per position requirements $ $ $ $ $ $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. NN W as .a , EXHIBIT I City Of Bakersfield Fee Schedule for Pre - Employment Physical for Group B (Professional/Light Work) RFP 2017 Service Fee Title of Person Performing Services Drug Screen — Rapid *Do not proceed unless negative results $ Complete History and Physical Exam $ TB Skin Test *As requested per position requirements $ $ $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 22 W as .a EXHIBIT J City Of Bakersfield Fee Schedule for Disability Retirement Medical Evaluations RFP 2017 Pursuant to state statutes, the City of Bakersfield is responsible for recommending disability retirements for safety members of the City of Bakersfield, through the Disability Retirement Committee. In some cases the Disability Retirement Committee may request an independent medical evaluation by the City Physician in order to obtain clarification on a medical condition, or additional information regarding work restrictions. Depending on the medical condition, the City Physician may elect to also refer the case to a specialist for an evaluation to assist in making a comprehensive opinion about an employee's medical condition and ability to work. Service Fee Title of Person Performing Services Complete History and Physical Exam $ Functional Capacity Evaluation *Physician to determine ifnecessaryfor medical determinations. $ $ $ $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 23 W as the SAMPLE AGREEMENT NO. CITY PHYSICAN'S AGREEMENT THIS AGREEMENT is made and entered into on CITY OF BAKERSFIELD, a municipal corporation, ( "CONTRACTOR" herein). RECITALS , by and between ( "CITY" herein) and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and WHEREAS, the CITY does not have expertise currently on staff to perform City physician services; and WHEREAS, CITY desires to employ CONTRACTOR for pre - employment physicals, fitness for duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services, and WHEREAS, on CONTRACTOR submitted a response to Request for Proposals issued by CITY. Said Request for Proposal and CONTRACTOR's response are incorporated herein by reference as though fully set forth. 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, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre - employment physicals, fitness for duty physicals, drug testing and other medical services as set forth in the City's Request for Proposal attached hereto and incorporated herein as Exhibit "A." CONTRACTOR may perform other work as agreed to by the parties in writing. CONTRACTOR agrees to provide the above - referenced services to the CITY on a priority basis for CITY employees and management. 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 payment of the appropriate fee as set forth in the Proposal to Provide Medical Services from the Contractor. The total compensation paid to the CONTRACTOR shall not exceed Dollars ($ ) for any given year. 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. 24 • as .a 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. 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. TERM. This Agreement shall continue for a period of three (3) years commencing November 1, 2017. The CITY, as an option, may extend the contract for one additional year with the same terms and conditions. 13. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business fax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 25 • as 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. 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. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. 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: 19.1 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 19.2 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: 19.2.1 Provide coverage for owned, non -owned and hired autos. 19.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.3.1 Provide contractual liability coverage for the terms of this Agreement. 19.3.2 Provide unlimited products and completed operations coverage. 19.3.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval 26 I• ,&VJJWEqMA +h a +► a +► by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.4 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 in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.5 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. 19.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 19.7 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. 19.8 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. 19.9 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. 19.10 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. 19.11 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. 19.12 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 CONTRACTOR. 19.13 CONTRACTOR shall provide, when required by CITY, performance, labor 27 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. 20. 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. 21. 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. 22. 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. 23. 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: LISA MCGRANAHAN HUMAN RESOURCES MANAGER CITY OF BAKERSFIELD CITY HALL 1600 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 CONTRACTOR: 24. 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. 25. 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. 26. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of -any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 28 27. 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. 28. 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. 29. 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. 30. 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. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: (NAME & TITLE) Insurance: By: Print "CONTRACTOR" Title: Additional Signatures on Following Page 29 VjAVjJWLfMA APPROVED AS TO CONTENT: CITY MANAGER M ALAN TANDY City Manager COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit A - Request for Proposal Exhibit B - Proposal from "CONTRACTOR" 30 • ,&[VjjWEqMA REQUEST I I' PROPOSAL PROVIDE Name of Firm and Proposal Title Organizational Information Specification re Computer - Integrated Linkup Qualifications and Experience Professional Team Insurance Cost of Services Sample Reports Exceptions (General) Exceptions to Contract Terms -1_ Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 09120117 CC AGENDA PACKET PG 251 SECTION 1: ORGANIZATIONAL INFORMATION Central Valley Occupational Medical (CVO) is a privately owned corporation established in July of 2000. Today, a multi - lingual staff of Fifty Five (55) employees, five (5) Physicians, Two (2) Physician Assistants and One (1) Nurse Practitioner provide comprehensive medical services to more than 700 Kern County employers. Address: Central Valley Occupational Medical Group, Inc. 4100 Truxtun Avenue, Suite 200 Bakersfield, CA 93309 Telephone: (661) 632 -1540 Fax: (661) 632 -1538 Tax ID Number: 77- 0544635 Individual(s) Authorized to Execute Proposal: J.R. Carrera Director of Operations (661) 632 -1540 I, J.R. Carrera have reviewed the sample agreement and will agree to the terms contained therein if selected. My signature below authorizes this proposal: j' J.R. Carrera Director of Operations Central Valley Occupational Medical Group, Inc. represents that at the time of execution of this proposal said provider is solvent, can pay debts in the ordinary course of business and as they become due; that the aggregate of provider's property is at a fair valuation sufficient to pay all debts; and provider will be able to continue paying debts for the coming year as they become due. Provider has not filed, is not now in the process of filing, and is not contemplating filing bankruptcy as of the date of this proposal. W as .a Section 1 (a): Contract Information Central Valley Occupational Medical Group, Inc. (CVO) currently provides the medical services outlined in this RFP for the City of Bakersfield and is a preferred medical provider for its workers compensation network. Section 1 (b): Medical Practice Information The medical practice is located at 4100 Truxtun Avenue, Suite 200, in Bakersfield, California. CVO is currently housed in a facility with approximately 11,000 square feet assigned for operational use. Regular business hours are 7:30 a.m. to 5:30 p.m. — Monday through Friday with after hours and weekend care available for on -the -job injuries. The medical practice at CVO is comprised of 100% Occupational /Industrial Medicine. Approximately 57% of the occupational visits are injuries and 40% coming from pre - placement screenings, periodic and DOT physicals, functional capacity exams and medical surveillance testing. Preventive Health Care Services is comprised of about 3 %. Scope of services include, but are not limited to: Work Site Injury Mana eq_ ment ® Pre - Injury: Job Safety Programs, Work Site Evaluations, Prevention and educational programs to reduce incidence of injury. Initial Injury: Immediate patient care and evaluation, diagnostic services, clear and prompt communication with supervisor, expedient return to work at appropriate duty level. Post - Injury: Return to work at appropriate level of duty, follow -up care and management until condition is stable and stationary. Diagnostic & Screening Services ® X -ray services ® Laboratory services ® DOT and Non -Dot Drug /Alcohol screening Vision Screening ® Pulmonary Function Testing (PFT) Audiometry testing ® EKG and treadmill testing Evaluations & Examinations ® Pre- employment examinations ® Periodic Health & Screening Examinations ® Department of Transportation Examinations e Functional Capacity Exams (FCE) - utilizing state of the art equipment. Section 1 (b): Continued Occupational Rehabilitation Services Physical and Occupational Therapy ® Work Reconditioning Preventive Health Care Services ® Educational Programs (Heat Illness Prevention) ® Safety Programs (Back Safety and Blood Borne Pathogens) ® Health Promotion Programs (Customized per client industry) ® Screening Programs (Glucose, Body Fat and Blood Pressure) ® Immunization Programs (Influenza and Hepatitis B Vaccines) Section 1 (c): Other Central Valley Occupational Medical Group, Inc. declares that it maintains a satellite facility in Delano, CA. This facility will not be utilized to perform the services outlined in this Request for Proposal (RFP). Our mission at Central Valley Occupational Medical Group, Inc. is to provide quality medical services by promoting an awareness of the employer's and employee's needs. CVO would find it an honor if awarded the opportunity to continue conducting business with the City of Bakersfield. W as .a Section 2: SPECIFICATION RE COMPUTE'."t- INTEGRATED LINKUP Agility (NL-t Health) Client Portal Access Central Valley Occupational Medical Group, Inc. (CVO) recently has implemented an EMR system (Agility) to better serve its clients. Through the Agility portal, our clients have access to necessary data to expedite every day business functions. Typical access includes: ® Work Comp Data ® Scheduling ® Selective Clinical Visit Records ® Surveillance ® Demographics This data is provided as "Read Only" and cannot be altered. The data can be verified real time. This portal provides a means to track lost time, incidents and injuries, employee worker's compensation visits, work restrictions and current scheduling that is pertinent for our clients to monitor and track the status of its work force. To ease any security concerns, Agility has taken care to ensure that access to any information can be completely controlled on either the client access level or individual user access level. Agility has allowed for the use of standard secure socket layer encryption technologies to be implemented seamlessly on our client's web server (s) to avoid the transmitted data from being intercepted and interpreted. Agility also has provided dual layer user authentication and session timers to protect the information from being accessed by any unauthorized person (s) on the inside of your network. Finally, all session security parameters are not passed to the client as they actually reside in an encrypted form resident in the processing web server's memory. Program methodology: 1. The CVO portal coordinator identifies data and level of data, to be accessed by the client and sends an invitation to the designated remote employer user. 2. Prior to use, the company representative accepts and signs a confidentially agreement. Portal Access is still be developed by CVO IT Personnel as licenses and configurations are being tested and verified. SECTION 3: QUALIFICATIONS AND EXPERIENCE Central Valley Occupational Medical Group, Inc. (CVO) has performed a variety of the services listed in this proposal to both the private and public sectors for seventeen (17) years. More specifically, CVO has been providing much of the same services requested for the City of Bakersfield, County of Kern, Correctional Facilities, Hospitals, School Districts, Petroleum industries and Agricultural clients. Jeffery Freesemann, M.D. is Co- Medical Director of Central Valley Occupational Medical Group, Inc. and brings over 7 years of Occupational Medicine experience to CVO. His primary duties include the treatment of occupational injuries /illnesses, pre- employment physicals, substance of abuse screening, disability evaluations and Permanent & Stationary Evaluations. Dr. Freesemann earned his medical degree at Georgetown University of Medicine and Internal Medicine internship at Oregon Health Sciences University. Freesemann is a Qualified Medical Evaluator (QME), Medical Review Officer (MRO) and National Registry Certified Medical Examiner (NRCME). Richard Sall, M.D is a Staff Physician at Central Valley Occupational Medical Group, Inc. (CVO) and brings over 36 years of Occupational Medicine experience to CVO. His primary duties include the treatment of occupational injuries /illnesses, pre - employment physicals, substance of abuse screening, disability evaluations and P &S Evaluations. Sall received his Doctor of Medicine degree from Wayne State University Medical School in Detroit, Michigan. Conducted his residency training in General Surgery at St. John Hospital. He received his Board Certification in Occupational Medicine at Medical College of Wisconsin. Sall is a member of the American College of Occupational and Environmental Medicine and is certified as a Medical Review Officer. He is also a National Registry Certified Medical Examiner (NRCME). Maurice Minervini, D.O. has been a Staff Physician at Central Valley Occupational Medical Group, Inc. (CVO) since June of 2015 and brings over 35 years of Occupational Medicine experience. His primary duties include the treatment of occupational injuries /illnesses, pre - employment physicals and medical surveillance exams. Dr. Minervini received his Doctor of Osteopathic Medicine degree from Kirksville College of Osteopathic Medicine. Minervini has held several Director positions in Occupational, Emergency and Therapy Medicine. He was also a preferred provider for the City of Des Moines in Des Moines, Iowa and provided medical surveillance supervision to the city's Police and Fire Departments. Minervini is a National Registry Certified Medical Examiner (NRCME). Sheryl Haggerty, M.D. is a Staff Physician at Central Valley Occupational Medical Group, Inc. (CVO) and brings over 11 years of Occupational Medicine experience to CVO. Her primary duties include the treatment of occupational injuries /illnesses, conducting pre- employment and DOT physicals. Prior to arriving to CVO, Dr. Haggerty was a Medical Director at two prominent Occupational and Urgent Care Medical facilities and provided much of the same services referenced in this agreement to hundreds of employers. Haggerty has also provided Occupational Medicine to the United States Air Force while in the USAF Reserves and is currently a Lt. Colonel. She .� .� SECTION 3: QUALIFICATIONS AND EXPERIENCE ® cont. earned her medical degree at the University of Nebraska College of Medicine in Omaha, NE. And an internship at David Grant Medical Center, Travis Air Force Base, CA. She is a National Registry Certified Medical Examiner (NRCME) and MRO. Joshua Leichtberg, M.D. is a Staff Physician at Central Valley Occupational Medical Group, Inc. (CVO). He has been in Occupational Medicine for the past year but has developed the necessary skills to conduct the services outlined in the Request for Proposal (RFP). His primary duties include the treatment of occupational injuries /illnesses, pre - employment physicals, medical surveillance and DOT exams. Dr. Leichtberg earned his medical degree at Sackler School of Medicine in New York. His residency was at the University of Rochester in New York. Leichtberg is a National Registry Certified Medical Examiner (NRCME). Kent Simmons, Family Nurse Practitioner (FNP) assists the medical staff with the evaluation and treatment of injured workers as they present in the clinic. He also performs pre - employment physicals, periodic health & screening exams, and department of transportation exams. Simmons brings over 18 years of Occupational Medicine experience to CVO. He earned his Masters Degree in Nursing & Family Nurse Practitioner at the University of California, Los Angeles, Los Angeles. Attended and earned his Bachelors Degree in Nursing at Walla Walla College. Simmons is a National Registry Certified Medical Examiner (NRCME). Michael Riley, Physicians Assistant (PA) assists the medical staff with the evaluation and treatment of injured workers as they present in the clinic. He also performs pre- employment physicals, periodic health & screening exams, and department of transportation exams. Riley brings over 16 years of Occupational Medicine experience to CVO. He earned his Bachelors of Science Degree in Health Management and his Physician Assistant Certification at Charles Drew University. Riley is a National Registry Certified Medical Examiner (NRCME). John Cates, Physicians Assistant (PA) assists the medical staff with the evaluation and treatment of injured workers as they present in the clinic. He also performs pre- employment physicals, periodic health & screening exams, and department of transportation exams. Cates brings over 12 years of Occupational Medicine experience to CVO. He earned his Bachelors of Science Degree, PA Program at the University of Texas Health Science Center and Bachelors of Science Biology at Abilene Christian University. Cates is a National Registry Certified Medical Examiner (NRCME). Marco A. Barba is a Registered Kinesiotherapist whose areas of expertise include Work Conditioning programs and functional capacity testing for post -offer of employment evaluation, fitness for duty assessment, or permanent and stationary/case resolution. He also conducts treadmill stress testing, and provides aquatic therapy treatments. Marco is a 2003 graduate of San Diego State University, with a Bachelor's SECTION 3: QUALIFICATIONS AND EXPERIENCE — cont. degree in Applied Arts and Sciences, & Associates training in both Conditioning /Hardening programs, and is a Capacity test. Marco is a member of the A California Kinesiotherapy Association, and the Kinesiology Functional Marco has completed Roy Matheson Capacity Evaluation and Work certified Evaluator for the E.P.I.C. Lift merican Kinesiotherapy Association, the Golden Empire Safety Society. SECTION 3: QUALIFICATIONS AND EXPERIENCE — cont. AM[ Hall Ambulance 100121" Street Bakersfield, CA 93301 661-322-8741 Ms. Anna Aguilera City of Shafter 336 Pacific Avenue Shafter, CA 93263 661-746-5000 Ms. Karen Wilkins Bakersfield City School District 1300 Baker Street Bakersfield, CA 93305 661-631-4867 Ms. Christine Comejo City of Delano P.O. Box 3010 Delano, CA 93216 661-720-2210 Ms. Noerni Zaniudio SECTION 4: PROFESSIONAL TEAM All clinical services will be performed at Central Valley Occupational Medical Group, Inc. (CVO). The medical practice is located at 4100 Truxtun Avenue, Suite 200, Bakersfield, California 93309. CVO key staff members are listed below: 1NAME JPO 'jTION DEPARTMENT LENGTH OF EMPLOYMENT ("rears) J.R. Carrera Director of Operations Admin 12 Years Alex Benavides Office Manager Admin 16 Years Jeffery Freesemann, M.D. Co- Medical Director Admin /Provider 3 Years Richard Sall, M.D. Medical Provider Provider 9 Years Maurice Minervini, D.O. Medical Provider Provider 2 Years Joshua Leichtberg, M.D. Medical Provider Provider 1 Year Sheryl Haggert, M.D. Medical Provider Provider 2 Months Kent Simmons, NP Medical Provider Provider 10 Years Michael Riley, PA Medical Provider Provider 5 Years John Cates Medical Provider Provider 1 Year Jackie Tinoco Director of Client Services Client Services 14 Years Mandy Alaniz Client Services Assistant Client Services 2 Years Diana DeLeon Billing Supervisor Billing 14 Years Marina Figueroa Billing Billing 7 Years Maricela Sanchez Billing Billing 9 Years Samanatha Farias Billing Billing 3 Years Maria Garza (Sutton) Receptionist Supervisor Front Office 10 Years Claudia Sosa Receptionist Front Office 6 Years Myrna Medina Receptionist Front Office 6 Years Darline Rodriguez Receptionist Front Office 6 Months Deanna Cardiel PBX Operator Front Office 1 Year Maryhelen Osenbaugh Case Manager Case Management 7 Years Theresa Hardin Medical Records Medical Records 16 Years Mariela Gutierrez Discharge Supervisor Discharge 14 Years Anna Romero Discharge Clerk Discharge 7 Years Adriana Cisneros Discharge Clerk Discharge 5 Year Bryan Patterson X- ray/Nursing Supervisor Nursing 14 Years Mayra Zamora Medical Assistant Lead Nursing 10 Years Inder Singh Medical Scribe Lead Nursing 7 Years Maria Garcia Referrals Coordinator A -L Referrals 10 Years Angie Salas Referrals Coordinator M -Z Referrals 2 Years Rey Locquiao, P.T. Physical Therapist Rehab 9 Years Mary Kay Atchison, O.T. Occupational Therapist Rehab 9 Years Tiffany Ramirez Rehab Supervisor /Referrals Rehab 9 Years Marco Barba, RKT Kinesiotherapist/ Supervisor Work Diagnostics 13 Years SECTION 4: PROFESSIONAL TEAM - continued Education & Training Graduated May 1993 Medical School Degree, Georgetown University of Medicine Honors: AOA, Class President Graduation May 1988 June 1993 — June 1996 Work Experience 2001 -2008 2008 -2001 2011 -2013 2011 -2014 December 2014 — Present Licenses Bachelor of Arts in Biological Sciences University of California, Berkeley Internship - Internal Medicine, Oregon Health Sciences University Portland, Oregon Medical Partnership, Highgrove Medical Clinic, Bakersfield Sabbatical Central Valley Medical Group, Bakersfield, California Industrial Medical Group, Bakersfield, California Co- Medical Director Central Valley Occupational Medical Group, Bakersfield California License #G- 083122 NRCME (DOT) License #8144345640 X -Ray Supervisor and Operator Cert# RHCO0148442 Medical Review Officer Cert# 15 -11263 Occupational Medicine: Management of industrial injuries including but not limited to oil fields, farm and agronomical injuries in a busy industrial clinic in Bakersfield and Delano. References: Available upon request. Hospital Affiliation: San Joaquin Hospital W1 as SECTION 4: PROFESSIONAL. TEAM - continued Employment Profile June 1, 2009 — Present Medical Associate — Central Valley Occupational Medical Group, Education and Professional Training Medical College of Wisconsin, Milwaukee, WI — MPH Program: Occupational Medicine St. John Hospital, Detroit, MI — Residency: General Surgery Detroit Memorial Hospital, Detroit, MI — Internship PGY — 1 Wayne State University Medical School, Detroit, MI — Doctor of Medicine Licenses California License — C27702 X -Ray Supervisor and Operator # RHD137532 Qualified Medical Examiner (QME), California Bakersfield, CA June 2008 — May 2009 Occupational Physician — US Health Works, Bakersfield, CA June 2007 - May 2008 Medical Director — Concentra, Bakersfield, CA Feb. 2005 — June 2007 Medical Director — Business Health Network, Bakersfield, CA Jan.2004 — Jan. 2005 Medical Director — Inland Industrial Medical Group, Ontario, Ca Nov. 2003 — Dec. 2003 Medical Director — US Health Works, Santa Ana, CA Oct. 2002 - Oct. 2003 Medical Director — Boeing Integrated Defense Systems, Anaheim, CA 2000 — Oct. 2002 Medical Director — Business Health Network, Occupational Medical Center, Bakersfield, CA 1998— 2000 Medical Director — Eisenhower Occupational Health, Cathedral City, CA 1996-1998 Medical Director — Rural & Occupational Health Clinic, Exeter Hospital, Exeter, CA 1980-1995 General Surgery and Industrial Medicine — Private Practice, Los Angeles, CA Education and Professional Training Medical College of Wisconsin, Milwaukee, WI — MPH Program: Occupational Medicine St. John Hospital, Detroit, MI — Residency: General Surgery Detroit Memorial Hospital, Detroit, MI — Internship PGY — 1 Wayne State University Medical School, Detroit, MI — Doctor of Medicine Licenses California License — C27702 X -Ray Supervisor and Operator # RHD137532 Qualified Medical Examiner (QME), California SECTION 4: PROFESSIONAL. TEAM — continued Certifications American Board of Preventive Medicine, Occupational Medicine American Board of Forensic Medicine American Board of Surgery Memberships American College of Occupational & Environmental Medicine American College of Preventive Medicine Medical Review Officer Certification Council (MROCC) and AAMRO Certified Rater in the use of the AMA Guides by Brigham & Associates Hospital Affiliation: San Joaquin Hospital W as .a SECTION 4: PROFESSIONAL TEAM - continued Maurice Minervini, Do ®m Education and Professional Training 1961 -1966 Undergraduate School - Truman State University 1966 -1967 Fellowship- Physical Science - Truman State University 1968 -1971 Medical School — Kirksville College of Osteopathic Medicine 1971 -1972 Internship- Doctor's Hospital - Erie, PA 1972 -1973 Residency- Doctor's Hospital — Erie, PA Medical Career June 2015 to present Staff Physician Central Valley Occupational Medical Group Bakersfield, CA November 2013 to May 2015 Staff Physician Irene Sanchez, M.D Bakersfield, CA September 2010 to October 2013 Managing Physician U.S. HealthWorks Medical Group Sacramento, CA August 2004 to August 2010 Medical Director Freemont - Rideout Medical Center Marysville, CA Responsibilities encompassed clinical, administrative and educational. Orientation of new medical staff, mentoring, and the education of the appropriate process and content management to the staff, physicians and physical therapists. Established and conducted a quarterly breakfast forum for insurers, adjusters, human resource personnel and employees to discuss frequently asked questions regarding workmen's compensation SECTION 4: PROFESSIONAL TEAM — continued August 2004 to August 2010 Medical Director - Department of Physical Therapy Freemont - Rideout Medical Center Marysville, CA Developed and administrated a sports medicine model for the physical therapy department. Orientation and mentoring of physical therapists in the process and content management of Occupational Medicine. Developed job specific human performance evaluations for the hospital and local business clients. September 1994 to August 2004 Medical Director *Concentra Medical Center *Mercy Hospital *City of Des Moines, Des Moines, IA Developed and implemented a wellness program for Des Moines Police and Fire Departments. Developed respiratory protection guidelines for the Des Moines Fire Department which included laboratory testing and medical surveillance. Established age group requirement for V02 uptake for firefighters wearing SCBA respiration equipment. September 1991 — September 1994 Family Practice — Private Practice Des Moines, IA March 1980 — August 1991 Family Practice and Occupational Medicine — Private Practice St. Louis, MO June 1974 — March 1980 Director of Emergency Medicine Milford, DE June 1974 — March 1980 EMS Training Coordinator Milford, DE June 1974 — March 1980 Assistant Coroner for South Delaware Milford, DE /. / a SECTION 4: PROFESSIONAL TEAM a continued Medical Licenses *California #20A6087 * Missouri #33566 *Iowa #02690 Professional Associations *ACPFP *AOA *ACOM Board Certifications *American Oseopathic College of Family Physicians SECTION 4: PROFESSIONAL TEAK — continued Sheryl A Ida ty2 M.D., Ph*D* Lt. Col Sheryl Haggerty, Flight Surgeon; MC, USAF -R PROFESSIONAL EDUCATION 2013 (December) Commercial Driver Medical Examiner Course (for NRCME certification) 2010 (August) Medical Review Officer Course (MRO) Certification; Civilian Medical Review Officers (AAMRO) - American Association of 2008 (January) Instructor of Advanced Cardiac Life Support (ACLS) 2007 (December) Medical Review Officer Course (MRO) Certification; Military - USAF, Wilford Hall Medical Center; San Antonio, Texas 2007 (April) Survival, Evasion, Resistance (SERE) Military Training - Classified (Secret Clearance Required); USAF 2006-2007 Flight Surgeon Certification- United States Air Force (USAF) - Aerospace Medicine Primary (AMP) Course; Brooks City -Base, Texas 2006 (Apr -Nov.) Acupuncture Comprehensive Training Long Course for Physicians - Academy of Pain Research; San Francisco, CA 2006 (May -Dec.) Comprehensive Training Course on Herbal Medicine - Academy of Pain Research; San Francisco, CA 2001-2002 Internal Medicine Residency - David Grant Medical Center, Travis AFB CA 2000-2001 Internship, Internal Medicine Program - David Grant Medical Center, Travis AFB CA 1996-2000 M.D Degree - University of Nebraska College of Medicine; Omaha NE 1989-1991 Ph.D. Post - Doctoral Fellowship- HIV Research - University- Nebraska Medical Center - Department of Pathology and Medical Microbiology 1987- 1989 Ph.D. Post - Doctoral Fellowship- JC Virus Research & PML Disease - Pennsylvania State University; Department of Molecular and Cell Biology W1 as .a SECTION 4: PROFESSIONAL TEAM — continued 1984- 1987 Ph.D. Degree - University of Wisconsin- Madison Medical School - Medical Microbiology (Molecular Virology) - Thesis: "A Study of JC Virus Genomic Sequences Controlling its Restrictive Phenotype" 1981 - 1984 M.S. Degree - University of Wisconsin- Madison Medical School - Medical Microbiology (Molecular Virology) AWARDS AND HONORS ® Meritorious Service Medal, USAF; 2006 ® Cambridge Who's Who 2006 ® Health Professions Scholarship, USAF (full medical school tuition, expenses and stipend) ® Regents Scholarship; University of Nebraska Medical Center (full medical school tuition, declined) ® National Institutes of Health (NIH) Research Grant (R29S34572 -01); 1995 -2000 ® American Foundation for AIDS Research (AMFAR) Scholar; 1992 -1995 • National Research Service Award, National Cancer Institution (NCI); 1990 -1991 • Sigma XI, Phi Kappa Phi and Sigma Zeta Honor Societies' Member ® Summa Cum Laude (GPA 4.0/4.0) Biology & Chemistry Double Majors; BS and BA degrees; Mathematics minor POSITIONS HELD June 2017 to Present Staff Physician; Central Valley Occupational Medical Group; Bakersfield, CA Jan 2015 - June 2017 Medical Director; ProActive Work Health Services; Lancaster, CA Oct 2013 - Jan 2015 Acting Medical Director; US Health Works Medical Group; Sacramento, CA July 2008 - 2015 Occupational Medicine; Urgent Care Physician; US Health Works Medical Group Dec 2008 - Apr 2009 Flight Surgeon active duty orders; Travis AFB CA SECTION 4: QUALIFICATIONS AND EXPERIENCE — cont. 2007-2013 QTC Medical Group; Independent Contractor; Occupational Exams for CDCR(Califomia Department of Corrections and Rehabilitation 2006-2009 Physician; SA Haggerty, Inc., A Medical Corporation - Independent Contract Services, Medi -Spa, Locums Tenens July 2006 - Present Flight Surgeon, USAF Reserves; Travis Air Force Base, California - Aerospace Medicine - (Occupational Medicine with aerospace environment emphasis) 2002-2006 Physician, Active Duty, United States Air Force (USAF) (2005 —2006) Primary Care Physician, Flight Medicine Clinic, Beale Air Force Base (2004 —2005) Primary Care Physician, Travis Air Force Base (2003— 2004) Emergency and Primary Care Physicians (split assignment) Osan Air Base, Republic of Korea (2002 - 2003) Staff Physician, Internal Medicine Clinic; Travis Air Force Base 1993- 1996 Assistant Professor, University of Nebraska Medical Center - Taught Medical Students (Virology) - Performed post - doctoral Molecular Virology Research 1989-1991 Postdoctoral Research Associate; Molecular Pathogenesis of AIDS Virus Dept. Pathology & Medical Microbiology; University- Nebraska Medical Center 1987- 1989 Postdoctoral Research Associate; Molecular Biology of JC Virus Department of Molecular and Cell Body; Pennsylvania State University PUBLICATIONS Book Chapter Hinrichs, S., S. Haggerty, and C. Harrison. "Viral Diseases" Chapter; In Anderson's Pathology, Tenth Edition; (I. Damjanov and J.Linder, eds.) Review Article Stevenson, M. and S. Haggerty. 1992. HIV -1 replication and potential targets for intervention. Special Issue I: Strategies for therapeutic intervention. AIDS Research and Human Retroviruses. MEDICAL LICENSURE California — A98050 Hawaii — MD 12052 SECTION 4: PROFESSIONAL TEAM - continued Education and Professional Training MD: New York State Program at Sackler School of Medicine Residency: University of Rochester (New York) /Strong Memorial Hospital, internal Medicine Program, Primary Care Division Practice Experience Over 18 years in practice. 2 years in emergency medicine (Rochester, NY; Los Angeles, CA), plus over 16 years in private practice focusing on internal and family medicine, urgent care, and nutrition and metabolic disorders Employment Profile August 2016 - Present Staff Physicians, Central Malley Occupational Medical Group Bakersfield, CA 2010-2016 Self Employed 2001-2010 Private Practice - J. Leichtberg, MD Corona Del Mar and Pacific Palisades, CA 1997-2001 Self Employed 1992-1997 Private Practice - Summa Medical Group Woodland Hills and Calabasas, CA 1987-1992 Private Practice - Calabasas Medical Group Calabasas, CA 1986-1987 Self Employed 1984-1986 Residency training at Rochester School of Medicine Primary Care Track 1980-1984 Medical School - NY State Program of Medicine Sackler School of Medicine Licenses CA Medical License: A43282 DEA: BL0832510 SECTION 4: PROFESSIONAL TEAM - continued Publications Three books on nutrition, diet and weight loss. Other ® Received awards form City of Los Angeles for service rendered t community through medical practice. ® Appeared widely in television, radio and print media as an expert on variety of subjects dealing with weight loss, nutrition and weight control. Ran several clinical trials in areas related to nutrition and weight control. Founder and creator of the BioSlim Weight Loss System. ® Expertise in primary internal medicine, family medicine, urgent care, nutrition and weight management. 2• as .a SECTION 4: PROFESSIONAL TEAM - continued July 2008 Nurse Practitioner — Central Valley Occupational Medical Group, Bakersfield, CA 2007 -July 08 Nurse Practitioner, Concentra Medical Center, Bakersfield, CA 1999 -2007 Nurse Practitioner, Business Health Network, Bakersfield, CA Provide direct care for injured workers, pre - placement physicals and Health Care screening. 1996 -1999 Family Nurse Practitioner, Valley Medical Group, Inc., Bakersfield, CA Provide direct patient urgent care to patients, which included workers compensation, internal and family medicine. 1995 -1996 Lecturer, University of California, Los Angeles, CA Lectured for the School of Nursing and Physical Assessment class N192. 1987 -1993 Joaquin Community Hospital, Bakersfield, CA During my tenure, I occupied the following positions: Emergency Department Shift Leader, Assistant Vice President of Nursing, Director of Critical Care and Director of Emergency Department. Supervised and coordinated critical care for Departmental Directors for ICU, Surgery, PACU, Cardiac Cath Labs and directly responsible for Emergency Department. Coordinated staff in providing patient care, chairman disaster committee, and assisted with staff evaluations. Also, recruited for Human Resource Department. 1984 -1987 Director Emergency Services, Hanford Community Medical Center, Hanford, CA Set up newly opened emergency department, developed and implemented an Occupational Medicine program, helped designed and initiated an urgent care facility, supervised the implementation of a telemarketing program for the hospital. Served on and elected chairperson of county Emergency Cardiac Care committee. 1978 -1984 Emergency Department shift Leader, Portland Adventist Medical Center, Portland, Oregon SECTION 4: PROFESSIONAL TEAM - continued Coordinated patient care for shift. Proctor for nursing and paramedic students in emergency department, departmental educational coordinator, and ACLS program facilitator. 1975 -1978 Emergency Department Shift Leader, St. Joseph Hospital, Aberdeen, WA Directed patient care for shift, assisted with patient transfers to tertiary hospitals. Organized and coordinated the Poison Control Center including the development and initiation of community poison prevention presentations. 1974 -1975 Staff Nurse, Kettering Memorial Hospital Kettering, OH Provided patient care and triage of patients in the Emergency Department. Education and Professional Training University of California, Los Angeles, CA — Masters Degree in Nursing and Family Nurse Practitioner (1995) Walla Walla College, College Place, WA — Bachelor Degree in Nursing (19 83) Kettering College of Medial Arts, Kettering, OH — Associate Degree in Nursing (1974) Licenses RN 380780 NP 7720 Furnishing #NPF7720 DEA # MS0552922 Certifications American Nurses Credentialing Center National Certification as Family Nurse Practitioner Previous certification as Emergency Department Nurse 1982 -1988 SECTION 4: PROFESSIONAL TEAM - continued z EDUCATIONAL ® National Commission on Certification of Physicians Assistants, Charles Drew University, Los Angeles 1990 ® Bachelor of Science in Health Management, Charles Drew University, Los Angeles 1990 EXPERIENCE February 2012 to present CENTRAL VALLEY OCCUPATIONAL MEDICAL GROUP, INC. Bakersfield, CA Physicians Assistant (PA): As a PA I assist the medical staff with the evaluation and treatment of injured workers as they present in the clinic. Perform pre - employment physicals, periodic health & screening exams, and department of transportation exams. The practice is composed of 100% Occupational Medicine. January 2012 to February 2012 YOH, PROFESSIONAL STAFFING SERVICES (Staffing Agency) California Assignment: St. Jude Occupational Health Clinic, Fullerton. Conducted History and Physical examinations, treatment /evaluation of work related injuries, DOT physical examinations, drug testing, wound suturing, and EMR entry. All under an Occupational /Industrial Medicine environment. November 2011 to February 2012 COMPHEALTH (Staffing Agency) California Assignment: T.H.E. Clinic, Los Angeles. Conducted History and Physical examinations, treatment /evaluation of all ages of patients, wound suturing and EMR entry. All under an Urgent Care and Family Practice environment. SECTION 4: PROFESSIONAL TEAM o continued March 2009 to March 2011 US HEALTHWORKS (Per Diem) California Assignments: Clinics in Riverside, San Diego, Orange, Los Angeles, Ventura, and Bakersfield. Urgent Care, Family Practice, Occupational Medicine and Industrial Care. Conducted History and Physical examinations, treatment /evaluation of all ages of patients, employment physicals, drug testing, wound suturing and EMR entry. June 2000 to December 2008 HEALTH FIRST MEDICAL CLINIC Santa Fe, California Conducted History and Physical examinations, treatment /evaluation of work related injuries, DOT physical examinations, drug testing, wound suturing, and EMR entry. All under an Occupational Medicine /Industrial Care environment. July 1997 to June 2000 LONG BEACH MEDICAL CLINIC Conducted History and Physical examinations, treatment and evaluation of all ages of patients, wound suturing, drug testing and treatment /evaluation of work related injuries. All under an Urgent Care, Family Practice, and Occupational Medicine /Industrial Care environment. CERTIFICATION NUMBERS License Dumber — PA12751 Issuance Date — 06/17/1991 1 SMA .� SECTION 4: PROFESSIONAL TEAM - continued John Ha Cateso, PA. Education & Training 6/1978 BS Degree, PA Program, University of Texas Health Science Center Dallas, TX 5/1976 BS Degree, Biology, Abilene Christian University Abilene, TX Work Experience 1978 -1980 Primary Care Fresno, CA Marvin Matlock, MD — Internal Medicine Kathleen Barron, MD — Family Practice 1980 -1982 Allistor Little, Farming Bakersfield, CA 1982 -1985 Cleveland Chiropractic Los Angeles, CA BS Degree Chiropractic Worked as Clinic Advisor supervised by Dr. Abodu 1986 -1995 Craig Swanson, MD — Private Practice Bakersfield, CA Primary Care 1995 -2004 Dr. Raymond Helston Bakersfield, CA Primary Care 2005 -2016 Larry Cho, MD Bakersfield, CA Occupational Medicine 2016 — Present Central Valley Occupational Medical Croup, Inc Bakersfield, CA Occupational Medicine Licenses California License #PA10552 09120117 CC AGENDA PACKET PG 280 SECTION 4: PROFESSIONAL TEAM - continued ® Bachelors of Science Degree from the Department of Exercise and Nutritional Sciences in Pre - Physical Therapy with an emphasis on Kinesiotherapy ® Active member of American Kinesiotherapy Association, California Kinesiotherapy Association and the Golden Empire Safety Society ® Sat for Kinesiotherapy registration exam in July 2004 erience Central Valley Occupational Medical Group Bakersfield, CA Present ® Perform pre - employment physicals, fitness for duty evaluations, functional capacity evaluations, ergonomic evaluations and cardiovascular stress testing with metabolic measurement. ® Direct aquatic therapy and work conditioning program. Bonita Physical 'Therapy Chula. Vista, CA 2002 -2004 ® Administration of therapeutic exercise, massage, modalities, paperwork, and janitorial duties, and translated materials into Spanish. Internships San Diego /Bakersfield 2001 -2003 ® Provided therapeutic exercise, stretching, home exercise programs. I assisted in various aquatic therapy programs for patients ranging from adolescents to elderly individuals. I also took part in an adapted physical education program for children with developmental disabilities. ® Completed 1000 hours of clinical experience under the direct supervision of Physical Therapists, Occupational Therapists, Kinesiotherapists and Adapted Physical Education Teachers. Skills and Interest Fluent in oral and written Spanish, knowledgeablee in proprioceptive neuromuscular facilitation, and active isolated stretching, plyometrics, resistance and cardiovascular training techniques. J,oshualeichtbe Sheryl Haggerty Kent Simmon! Michael Rilc? E Sl Dig Mariela R JPERVISRR utierrez SECTION 5: INSURANCE DECLARES THAT IT WILL MAINTAIN THE NECESSARY INSURANCE AS REQUIRED IN THE AGREEMENT. WE HAVE INCLUDED CURRENT CERTFICA TES, LISTING THE CITY OF BAKERSFIELD AS AN ADDITIONAL INSURED. Policy Number: see Below Date Entered: 8/4/2017 ,�� " CERTIFICATE OF LIABILITY INSURANCE D8 /4/ IDDnYYY) 8/4/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FALSKEN & ASSOCIATES INSURANCE AGENCY 3262 E. Thousand Oaks Blvd. #207 Thousand Oaks, CA 91362 CONTACT NAME: i Christina Monhem PHONE (805) 494 -4187 FAX (805) 494 -4197 (A/C. Ext: AIC No: L EMAIL Christina .Tfalsken @£armersagency.com ADDRESS: INSURERS) AFFORDING COVERAGE NAIC# INSURER A: Truck Insurance Exchange 21 -709 X INSURED Pro Health Medical Group, Inc. INSURER B; Farmers Insurance Exchange 21 -652 INSURER C: Mid- Century Insurance Company 21 -687 INSURER D : 16055 Ventura Blvd #100 INSURER E: Encino, CA 91436 INSURER F V V V Ct[Hl7CA vr-r� 1 Ir vrs , � ..v,v vim... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY INSD INSD WVD SUER POLICY NUMBER MMIDDY EFF MM DIDYIYYYY LIMITS EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence) $ 75,000 A CLAIMS -MADE OCCUR X 606286677 6/25/2017 6/25/2018 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY F—] PRO- LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 11000,000 OTHER: AUTOMOBILE LIABILITY Ea D accidetSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO X 606286677 6/25/2017 6/25/2018 BODILY INJURY (Per accident) $ A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY AGE PRO accident) Per aPccident $ $ A UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 606286926 6/25/2017 6/25/2018 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH- STATUTE ER E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY YIN FU ANY PROPRIETOPARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICERWEMBER EXCLUDED? ❑ (Mandatory in NH) NIA E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CENTRAL VALLEY OCCUPATIONAL MEDICAL GROUP, INC., 4100 TRUXTUN AVE, BAKERSFIELD, CA 93309 The City of Bakersfield, it Is mayor council, officers, agents, employees and volunteers are listed as additional insureds 30 Day NOC - T ICIl ATC Uf%l r1C0 CANCELLATION ^'City of `Bakersfield SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1501 Truxton Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bakersfield, CA 93301 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Christina Monheim II hts ^• °^' ©1988- 2015ACORD CORPORA I1UN. A rtg Iese ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plussoftware. www.FormsBoss.com; Impressive Publishing800- 208 -1977 POLICY NUMBER: 606286677 BUSINESSOWNERS BP 04 48 01 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: CITY OF BAKERSFIELD " Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. BP 04 48 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 W / a La +►a +► �• ENTITY CERTIFICATE OF PROFESSIONAL LIABILITY COVERAGE I THROUGH MUTUAL PROTECTION TRUST (MPT) AND CLAIMS HISTORY Name of Entity: Central Valley Occupational Medical Group Inc MPT Entity: 6628 Effective Period: August 1, 2012 through December 31, 2017 Retroactive Date: April 28, 2008 The limit of liability of $1 million per Occurrence and $3 million aggregate will be *shared with the limits of the MPT Members of the above named Entity. * A shared limit of liability for the Entity means the Entity will share the limit of the MPT Member(s) whose acts, errors or omissions gave rise to the Occurrence. In the event that an Occurrence arises solely out of the acts, errors and omissions of a non -MPT Healthcare Practitioner who provides Professional Services for the Entity, the MPT Members of covered Entity shall share their limits of liability with the Entity. ** A separate limit of liability for the Entity means that the limits of the liability shall be in addition to and separate from (not shared with) the limits of liability of the MPT Member(s) whose acts, errors or omissions gave rise to the Claim. In the event that an Occurrence arises solely out of the acts, errors and omissions of a non -MPT Healthcare Practitioner who provides Professional Services for the Entity, the MPT Members of covered Entity shall share their limits of liability with the Entity. Nothing in this Certificate of Coverage shall be construed to increase the limits of liability set forth in Part 1, Section 6.A of the MPT Agreement. • Claims Information: No Claims Reported The Mutual Protection Trust will provide the Claims defense and Claims payment services described in the MPT Agreement to the Entity named above, subject to all terms, conditions, and exclusions contained in the MPT Agreement, and subject to payment of any annual fees for Claims arising out of an Occurrence during the effective period set forth above. The coverage is continuous and uninterrupted unless cancelled or amended by MPT or the MPT Entity above. This certificate is incorporated by this reference and is a part of the MPT Agreement. This Entity's principals are responsible for notifying all recipients of this certificate should the Entity discontinue operation or dissolve before the end date shown above. Date: April 20, 2017 MUTUAL PROTECTION TRUST a Alfred De Leon Vice President, Membership Services COOPERATIVE OF AMERICAN PHYSICIANS CERTIFICATE OF COVERAGE AND CLAIMS HISTORY Coverage through December 31, 2017 Member: Jeffrey M. Freesemann, MD Address: 4100 Truxtun Ave Ste 200 Bakersfield, CA 93309 This certificate confirms that, on the date below, the above -named physician is a member of the Cooperative of American Physicians, Inc. (CAP) and a participant in the Mutual Protection Trust (MPT). MPT is an unincorporated interindemnity arrangement organized under California Insurance Code section 1280.7. This certificate confers no rights upon the member and does not amend, extend or alter the coverage afforded under the terms, conditions and exclusions of the MPT Agreement. Membership Number Medical Specialty Coverage Date Retroactive Coverage Date 27677 Occupational Medicine 3/1/2017 March 15, 2011 Subspecialty None Coverage (Claims made and paid) Current Limits of Liability $ 1 Million for all Claims based upon Medical Professional Liability Coverage an Occurrence $ 3 Million each calendar year aggregate Claims History No Claims Reported The member must remain a Member in good standing or arrange for Tail Coverage for any open or potential Claim that may arise during the Coverage Period. Neither CAP nor MPT undertake any obligation to advise any party, other than the named member, of any changes to or termination of this coverage. Cooperative of American Physicians, Inc. �a+�•!+""`"" March 16, 2017 Alfred De Leon Date Vice President, Membership Services Mutual Protection Trust V a L a +► a +► i COOPERATIVE CAF AMERICAN PHYSICIANS CERTIFICATE OF COVERAGE Coverage through December , 2017 Member: Maurice A. Minervini, DO Address: 4100 Truxtun Ave # 200 Bakersfield, CA 93309 This certificate confirms that, on the date below, the above -named physician is a member of the Cooperative of American Physicians, Inc. (CAP) and a participant in the Mutual Protection Trust (MPT). MPT is an unincorporated interindemnity arrangement organized under California Insurance Code section 1280.7. This certificate confers no rights upon the member and does not amend, extend or alter the coverage afforded under the terms, conditions and exclusions of the MPT Agreement. Membership Number 25156 Medical Specialty Occupational Medicine Coverage Date May 13, 2015 Retroactive Coverage Date None Subspecialty Coverage (Claims made and paid) Current Limits of Liability $1,000,000 for all Claims based Medical Professional Liability Coverage upon an Occurrence $3,000,000 each calendar year aggregate The member must remain a Member in good standing or arrange for Tail Coverage for any open or potential Claim that may arise during the Coverage Period. Neither CAP nor MPT undertake any obligation to advise any party, other than the named member, of any changes to or termination of this coverage. Cooperative of American Physicians, Inc. January 03, 2017 Alfred De Leon Date Vice President, Membership Services Mutual Protection Trust COOPERATIVE OF AN/lERICAN PHYSICIANS CERTIFICATE OF COVERAGE Coverage through December 31, 2017 Member: Richard E. Sall, MD Address: 4100 Truxtun Ave # 200 Bakersfield, CA 93309 This certificate confirms that, on the date below, the above -named physician is a member of the Cooperative of American Physicians, Inc. (CAP) and a participant in the Mutual Protection Trust (MPT). MPT is an unincorporated interindemnity arrangement organized under California Insurance Code section 1280.7. This certificate confers no rights upon the member and does not amend, extend or alter the coverage afforded under the terms, conditions and exclusions of the MPT Agreement. Membership Number 21886 Medical Specialty Occupational Medicine Coverage Date August 1, 2012 Retroactive Coverage Date August 1, 2009 Subspecialty Coverage (Claims made and paid) Current Limits of Liability $1,000,000 for all Claims based Medical Professional Liability Coverage upon an Occurrence $3,000,000 each calendar year aggregate The member must remain a Member in good standing or arrange for Tail Coverage for any open or potential Claim that may arise during the Coverage Period. Neither CAP nor MPT undertake any obligation to advise any party, other than the named member, of any changes to or termination of this coverage. Cooperative of American Physicians, Inc. January 03, 2017 Alfred De Leon Date Vice President, Membership Services Mutual Protection Trust ($(I)i AjM1`-'R1('AN PHYSICIANS CERTIFICATE OF COVERAGE Coverage through December 31, 2017 Member: Joshua Leichtberg, MD Address: 4100 Truxtun Ave Ste 200 Bakersfield, CA 93309 This certificate confinns that, on the date below, the above -named physician is a member of the Cooperative of American Physicians, Inc. (CAP) and a participant in the Mutual Protection Trust (MPT). MPT is an unincorporated interindernmity arrangement organized under California Insurance Code section 1280.7. This certificate confers no rights upon the member and does not amend, extend or alter the coverage afforded under the terns, conditions and exclusions of the MPT Agreement. Membership Number 27277 Medical Specialty Occupational Medicine Coverage Date October 25, 2016 Retroactive Coverage Date None Subspecialty Coverage (Claims made and paid) Current Limits of Liability $1,000,000 for all Claims based Medical Professional Liability Coverage upon an Occurrence $3,000,000 each calendar year aggregate The member must remain a Member in good standing or arrange for Tail Coverage for any open or potential Claim that may arise during the Coverage Period. Neither CAP nor MPT undertake any obligation to advise any party, other than the named member, of any changes to or termination of this coverage. Cooperative of American Physicians, Inc. Alfred De Leon Date Vice President, Membership Services Mutual Protection Trust January 13, 2017 Jan, 19, 2017 3:27PM EMPLOYEE No, 0295 P. 4 CERTIFICATE OF PROFESSIONAL LIABILITY COVERAGE THROUGH MUTUAL PROTECTION TRUST (MPT) Name of Worker: Kent Simmons Type of Worker: Nurse Practitioner Employed by or related to the practice of the Member /Covered Entity: Central Valley Occupational Medical Group Inc Membership # or Entity #: 6628 Effective Date: August 1, 2012 through December 31, 2017 Retroactive Date: July 1, 2008 Mutual Protection Trust (MPT) will provide to the above -named Worker, the medical professional liability coverage described the MPT Agreement, Part 1, subject to all terms, conditions, and exclusions therein, and subject to payment of all obligations required thereby, for any Occurrence upon which the Claim is based, arising on or after the above- mentioned Effective Date, in the conduct of Professional Services by such Worker, provided that such Worker was acting within the course and scope of his or her duties and licensure as an actual employee of such Member/ Covered Entity at the time of the Occurrence. This Certificate of Professional Liability Coverage is not a contract of insurance or of liability protection services as between MPT and the above -named Worker and does not afford membership in the Cooperative of American Physicians, Inc. (CAP) to such Worker. This Certificate of Professional Liability Coverage does not amend, extend or alter the professional liability protection services afforded by the MPT Agreement to the above -named Member /Covered Entity. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate of Professional Liability Coverage may be issued or pertain, the medical professional liability coverage afforded by the MPT Agreement described herein are subject to all terms, conditions, and exclusions of the MPT Agreement. The limit of liability through MPT is $1 Million per occurrence /$3 Million Aggregate. Such limit of liability is shared with the Member /Covered Entity. A shared limit of liability means that the Member /Covered Entity shares his/her limit of liability with the Worker for any Occurrence upon which a Olalm against the Member /Covered Entity and the Worker Is based. This Certificate shall remain in force unless cancelled or amended by MPT or the Member/Covered Entity, This Certificate of Professional Liability Coverage is incorporated by this reference into the MPT Agreement. MPT does not track Claims asserted against employees or Other Related Physicians. The above -named Member /Covered Entity is responsible for notifying MPT and all recipients of this Certificate of Professional Liabl[Ity Coverage in the event of the termination of the employment of or other relationship with the above -named Worker. Such )Member /Covered Entity Is also responsible for notifying all recipients of this Certificate of Professional Liability Coverage in the event that any term of this Certificate of Professional Liability Coverage Is modified. Date: January 19, 2017 MUTUAL PROTECTION TRUST By Alfred De Leon Vice President, Membership Services VJ as .a Jan.19.2017 3:30PM No. 0295 P. 15 EMPLOYEE CERTIFICATE OF PROFESSIONAL LIABILITY COVERAGE THROUGH MUTUAL PROTECTION TRUST (MPT) Name of Worker: Michael( Riley Type of Worker: Physician Assistant Employed by or related to the practice of the Member /Covered Entity: Central Valley Occupational Medical Group inc Membership # or Entity #, 6628 Effective Date: August 1, 2012 through December 31, 2017 12etroactivo Date: April 2, 2012 Mutual Protection Trust (MPT) will provide to the above -named Worker, the medical professional liability coverage described the MPT Agreement, Part 1, subject to all terms, conditions, and exclusions therein, and subject to payment of all obligations required thereby, for any Occurrence upon which the Claim is based, arising on or after the above - mentioned Effective Date, in the conduct of Professional Services by such Worker, provided that such Worker was acting within the course and scope of his or her duties and licensure as an actual employee of such Member/ Covered Entity at the time of the Occurrence. This Certificate of Professional Liability Coverage is not a contract of insurance or of liability protection services as between MPT and the above -named Worker and does not afford membership in the Cooperative of American Physicians, Inc, (CAP) to such Worker. This Certificate of Professional Liability Coverage does not amend, extend or alter- the professional liability protection services afforded by the MPT Agreement to the above -named Member /Covered Entity. Notwithstanding any requirement, term or condition of -any contract or other document with respect to which this Certificate of Professional Liability Coverage may be issued or pertain, the medical professional liability coverage afforded by the MPT Agreement described herein are subject to all terms, conditions, and exclusions of the MPT Agreement. The limit of liability through MPT Is $1 Million per Occurrence /$3 Million Aggregate. Such limit of liability is shared with the Member /Covered Entity. A shared limit of [[ability means that the Member /Covered Entity Shares his /her limit of liability with the Worker for any Occurrence upon which a Claim against the Member /Covered Entity and the Worker is based. This Certificate shall remain in force unless cancelled or amended by MPT or the Member /Covered Entity. This Certificate of Professional Liability Coverage is incorporated by this reference into the MPT Agreement. MPT does not track Claims asserted against employees or Other Related Physicians The above -named Member /Covered Entity is responsible for notifying MPT and all recipients of this Certificate of Professional Liability Coverage in the event of the termination of the employment of or other relationship with the above -named Worker. Such Member /Covered Entity Is also responsible for notifying all recipients of this Certificate of Professional Llablllty Coverage in the event that any term of this Certificate of Professional Liability Coverage is modified. Date: January 19, 2017 MUTUAL. PROTECTION TRUST Alfred De Leon Vice President, Membership Services VJ a� .� , Jan, 19. 2017 3 :28PM No, 0295 P. 7 EMPLOYEE CERTIFICATE OF PROFESSIONAL LIABILITY COVERAGE THROUGH MUTUAL PROTECTION TRUST (MPT) Name of Worker: John Cates, PA Type of Worker; Physician Assistant Employed by or related to the practice of the Member /Covered Entity: Central Valley Occupational Medical Group Inc Membership # or Entity #; 6628 Effective Date; August 29, 2016 through December 31, 2017 Mutual Protection Trust (MPT) will provide to the above -named Worker, the medical professional liability coverage described the MPT Agreement, Part 1, subject to all terms, conditions, and exclusions therein, and subject to payment of all obligations required thereby, for any Occurrence upon which the Claim is based, arising on or after the above - -mentioned Effective Date, in the conduct of Professional Services by such Worker, provided that such Worker was acting within the course and scope of his or her duties and licensure as an actual employee of such Member/ Covered Entity at the time of the Occurrence. This Certificate of Professional Liability Coverage is not a contract of insurance or of liability protection services as between MPT and the above -named Worker and does not afford membership in the Cooperative of American Physicians, Inc. (CAP) to such Worker. This Certificate of professional Liability Coverage does not amend, extend or alter the professional liability protection services afforded by the MPT Agreement to the above -named Member /Covered Entity. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate of Professional Liability Coverage may be issued or pertain, the medical professional liability coverage afforded by the MPT Agreement described herein are subject to all terms, conditions, and exclusions of the MPT Agreement. The limit of ((ability through MPT Is $1 Million per Occurrence /$3 Million Aggregate. Such limit of liability is shared with the Member /Covered Entity. A shared limit of liability means that the Member /Covered Entily shares his /her limit of liability with the Worker for any occurrence upon which a Claim against the Member /Covered Entity and the Worker Is based. This Certificate shall remain in force unless cancelled or amended by MPT or the Member /Covered Entity. This Certificate of Professional Liability Coverage is incorporated by this reference into the MPT Agreement, MPT does not track Claims asserted against employees or Other Related Physicians. The above - named Member /Covered Entity is responsible for notifying MPT and all recipients of this Certificate of Professional Liability Coverage in the event of the terminatlon of the employment of or other relationship with the above -named Worker. Such Member /Covered Entity is also responsible for notifying all recipients of this Certificate of Professional Liability Coverage In the event that any term of this Certificate of Professional Llabillty Coverage is modified. Date; January 19, 2017 MUTUAL PROTECTION TRUST By Alfred De Leon Vice President, Membership Services CERTII+ICATE OF INSURANCE This is to certify that the Policy of Insurance listed below has been issued to a Primary Insured and is in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the Policy described herein is subject to all the terms, exclusions, endorsements and conditions of such Policy. This Certificate does not constitute a contract between the issuing insurer, authorized representative or producer, or the certificate holder. No rights are conferred to the certificate holder. Name and Address of Primary Insured: Sheryl Ann Haggerty, MD. 4100 Truxtun Avenue, Suite 200 Bakersfield, CA 93309 Telephone Number: 661 -632 -1540 Specialty: Occupational Medicine Additional Insureds: (Shared limits of coverage and subject to additional coverage limitations) N/A Policy Number PPL0500473 Limits of Liability: $1,000,000/$3,000,000 Policy Effective Date: Policy Expiration Date: 6/9/2017 6/9/2018 Policy Retroactive Date: 6/9/2017 Type of Insurance: Physicians Professional Liability Insurance Carrier: Agency: Mike Haffar Ins Serves, Inc. CARE Risk Retention Group, Inc. Agent: Mike Haffar • L L . L . • City Of Bakersfield Fee Schedule for Hazardous Materials Physicals for Fire Department RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $55.00 MD/DO /PA/FNP Stress Test Cardiovascular (including interpretation) $180.00 MD/Kinesiotherapist Oxygen Uptake for MET Level $20.00 Kinesiotherapist Audiogram $25.00 Nurse Spirometry with completed Respiratory Questionnaire $25.00 Nurse Urinalysis $18.00 Nurse Cholinesterase Levels $35.00 Nurse CBC with Differential $15.00 Nurse Comprehensive Metabolic Panel $35.00 Nurse Lipid Profile $25.00 Nurse Occult Feces Blood Screen $20.00 Nurse Heavy Metal Testing Cadmium Beryllium Lead Mercury Arsenic $170.00 Nurse X -ray Lumbar 5 views (at discretion of physician) $80.00 X -Ray Tech. X -ray Lumbar 3 views $50.00 X -Ray Tech. X -ray Chest 2 views $45.00 X -Ray Tech. Functional Capacity Evaluation $100.00 Kinesiotherapist Total $898.00 MD: Medical Doctor DO: Doctor of Osteopathic Medicine PA: Physicians Assistant FNP: Family Nurse Practitioner City Of Bakersfield Fee Schedule for Pre- Employment Physical for Fire Department ItFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $55.00 MD/DO /PA/FNP Stress Test Cardiovascular $180.00 MD/Kinesiotherapist Electrocardiogram $40.00 Nurse Oxygen Uptake for MET Level ** $20.00 Kinesiotherapist Audiogram $25.00 Nurse Spirometry $25.00 Nurse Urinalysis $18.00 Nurse TB Skin Test $15.00 Nurse CBC with Differential $15.00 Nurse Comprehensive Metabolic Panel $35.00 Nurse Lipid Profile $25.00 Nurse Drug Screen (Non -DOT) $35.00 Nurse X -ray Lumbar 5 views (at discretion of physician) $80.00 X -Ray Tech. X -ray Lumbar 3 views $50.00 X -Ray Tech. X -ray Chest 2 views $45.00 X -Ray Tech. Occult Feces Blood Screen $20.00 Nurse Respiratory Questionnaire (Review /clearance) $15.00 MD/DO /PA/FNP Total $698.00 MD: Medical Doctor DO: Doctor of Osteopathic Medicine PA: Physicians Assistant :! FNP: Family Nurse Practitioner Imo; i. i City Of Bakersfield Pee Schedule for Voluntary Annual Physical for Fire and Police P 2017 Service Fee Title of Persona Performing Services Complete History and Physical Exam (Visual Acuity included) $55.00 MD/D® /PA /FNP Stress Test Cardiovascular $180.00 MD/Kinesiotherapist Electrocardiogram $40.00 Nurse Audiogram $25.00 Nurse Spirometry $25.00 Nurse Urinalysis $18.00 Nurse CBC with Differential $15.00 Nurse Comprehensive Metabolic Panel $35.00 Nurse Lipid Profile $25.00 Nurse PSA if over 40 years old $50.00 Nurse X -ray Chest 2 views $45.00 X -Ray Tech. Total $513.00 MD: Medical Doctor i' DO: Doctor of Osteopathic Medicine PA: Physicians Assistant FNP: Family Nurse Practitioner • as +►a +► • i ; _ City Of Bakersfield Fee Schedule for Police Department Clandestine Lab Training Physical RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $55.00 MD/DO /PA /FNP Stress Test Cardiovascular (including interpretation) $180.00 MD/Kinesiotherapist Electrocardiogram $40.00 Nurse Audiogram $25.00 Nurse Spirometry $25.00 Nurse Urinalysis $18.00 Nurse CBC with Differential $15.00 Nurse Comprehensive Metabolic Panel $35.00 Nurse Lipid Profile $25.00 Nurse X -ray Chest 2 views $45.00 X -Ray Tech. Respiratory Questionnaire (Review /Clearance) $15.00 MD/DO /PA /FNP Total $478.00 MD: Medical Doctor DO: Doctor of Osteopathic Medicine PA: Physicians Assistant F FNP: Family Nurse Practitioner I• ,&[VAffAL4MA s +►a IL EXHIBIT E City Of Bakersfield Fee Schedule for Police Department FBI Hazardous Devices School Physical RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $55.00 MD/DO /PA /FNP Stress Test Cardiovascular (including interpretation) $180.00 MD /Kinesiotherapist Electrocardiogram $40.00 Nurse Audiogram $25.00 Nurse Spirometry $25.00 Nurse Urinalysis $18.00 Nurse CBC with Differential $15.00 Nurse Comprehensive Metabolic Panel $35.00 Nurse Lipid Profile $25.00 Nurse X -ray Chest 2 views $45.00 X -Ray Tech. Functional Capacity Evaluation $100.00 Kinesiotherapist Respiratory Questionnaire (Review /clearance) $15.00 MD/DO /PA /FNP Total $578.00 MD: Medical Doctor DO: Doctor of Osteopathic Medicine r PA: Physicians Assistant FNP: Family Nurse Practitioner I • I as +►a r� City Of Bakersfield Fee Schedule for Pre- Employment Physical for Police Department RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $55.00 MD/DO /PA /FNP Stress Test Cardiovascular $180.00 MD/Kinesiotherapist Electrocardiogram $40.00 Nurse Audiogram $25.00 Nurse Spirometry $25.00 Nurse TB Skin Test $15.00 Nurse CBC with Differential $15.00 Nurse Comprehensive Metabolic Panel $35.00 Nurse Lipid Profile $25.00 Nurse Drug Screen (Non -DOT) $35.00 Certified Collector X -ray Lumbar 5 views (at discretion of physician) $80.00 X -Ray Tech. X -ray Lumbar 3 views $50.00 X -Ray Tech. X -ray Chest 2 views $45.00 X -Ray Tech. Respiratory Questionnaire (Review /Clearance) $15.00 MD/DO /PA /FNP Total $640.00 MD: Medical Doctor DO: Doctor of Osteopathic Medicine PA: Physicians Assistant FNP: Family Nurse Practitioner /' / a La +►a EXHIBIT G City Of Bakersfield Fee Schedule for Miscellaneous Services RFP 2017 Service Fee Title of Person Performing Services Educational Programs Heart Disease $120 per class MD/DO /PA /FNP Hypertension $120 per class MD/DO /PA /FNP Colon Cancer $120 per class MD/DO /PA/FNP Back Care $120 per class MD/DO /PA/FNP Heat Illness $120 per class MD/DO /PA/FNP Exercise and Fitness $120 per class MD/DO /PA/FNP Nutrition/Weight Control $120 per class MD/DO /PA /FNP Substance Abuse $120 per class MD/DO /PA /FNP Stress Management $120 per class MD/DO /PA /FNP Tobacco & Alcohol $120 per class MD/DO /PA /FNP Screening Programs $120 per class MD/DO /PA/FNP Diabetes $120 per class MD/DO /PA /FNP Weight Control $120 per class MD/DO /PA /FNP MMR Titer $90.00 Nurse Varicella /Zoster Titer $45.00 Nurse TDAP- Tetanus, Diphtheria, Pertussis $60.00 Nurse Tuberculosis Skin Test $15.00 Nurse Tuberculosis Chest X -Ray (1 view) $35.00 X -Ray Tech MD: Medical Doctor DO: Doctor of Osteopathic Medicine PA: Physicians Assistant P FNP: Family Nurse Practitioner EXHIBIT G - continued Service Fee Title of Person Performing Services MMR Booster $80.00 Nurse Varicella /Zoster Vaccine $160.00 Nurse Respirator Fit Test (Qualitative) $20.00 Nurse /Tech Respirator Fit Test Full Face (Qualitative) $20.00 Nurse /Tech Respirator Fit Test (Quantitative) $40.00 Nurse /Tech Respirator Fit Test Full Face (Quantitative) $40.00 Nurse /Tech Respirator Questionnaire (Review /Clearance) $15.00 MD/DO /PA /FNP Spirometry $25.00 Nurse Seasonal Influenza Vaccine $20.00 Nurse *On -Site Clinic Fee Nurse /Tech Time (Per Hour) $30.00 Nurse /Tech Hepatitis A Vaccination (per vaccine) Hepatitis B Vaccination (per vaccine) Hepatitis Vaccination Twinrix (per vaccine) $100.00 $60.00 $160.00 Nurse Nurse Nurse Near Vision Testing $15.00 Nurse Medical Consultation for Committees or Boards Regarding Medical Appeals $ No Fee MD/DO Fitness for Duty $60.00 MD/DO /PA /FNP Functional Capacity Evaluations $100.00 Kinesiotherapist Med /Legal Witness for the City Attorney's Office and Risk Management $200 -300 per hour depending on time /complexity MD/DO DMV Recertification Physical $60.00 MD/DO /PA /FNP Urine Drug Screen (DOT) $45.00 Certified Collector Management of DOT Program $ NO FEE Program Manager MD: Medical Doctor DO: Doctor of Osteopathic Medicine PA: Physicians Assistant z F N P: Family Nurse Practitioner City Of Bakersfield Fee Schedule for Pre - Employment Physical for Group A (Med -Heavy Laborer) P 2017 Service Fee Title of Person Performing Services Drug Screen — Rapid *Do not proceed unless negative results $28.00 Nurse Complete History and Physical Exam $55.00 MD /DO /PA /FNP Functional Capacity Evaluation $100.00 Kinesiotherapist DOT Physical *As requested per position requirements $60.00 MD/DO /PA/FNP DOT Drug Screen *As requested per position requirements $45.00 Certified Collector Audiogram *As requested per position requirements $25.00 _ Nurse Spirometry *As requested per position requirements $25.00 Nurse TB Skin Test *As requested per position requirements $15.00 Nurse $ $ $ $ Total $353.00 MD: Medical Doctor DO: Doctor of Osteopathic Medicine PA: Physicians Assistant s FNP: Family Nurse Practitioner I • I as +►a EXHIBIT I City Of Bakersfield Fee Schedule for Pre - Employment Physical for Group B (Professional/Light Work) I2FP 2017 Service Fee Title of Person Performing Services Drug Screen — Rapid *Do not proceed unless negative results $28.00 Nurse Complete History and Physical Exam $55.00 MD/D® /PA /FNP TB Skin Test *As requested per position requirements $15.00 Nurse Total $98.00 MD: Medical Doctor DO: Doctor of Osteopathic Medicine PA: Physicians Assistant FNP: Family Nurse Practitioner I• I a r1 a +► a EXHIBIT J City Of Bakersfield Fee Schedule for Disability Retirement Medical Evaluations RFP 2017 Pursuant to state statutes, the City of Bakersfield is responsible for recommending disability retirements for safety members of the City of Bakersfield, through the (Disability Retirement Committee. In some cases the Disability (Retirement Committee may request an independent medical evaluation by the City Physician in order to obtain clarification on a medical condition, or additional information regarding work restrictions. Depending on the medical condition, the City Physician may elect to also refer the case to a specialist for an evaluation to assist in making a comprehensive opinion about an employee's medical condition and ability to work. Service Fee Title of Person Performing Services Complete History and Physical Exam $70.00 MD/D ®//PA /FNP Kinesiotherapist Functional Capacity Evaluation $100.00 *Physician to determine if necessary for medical determinations. Total $170.00 MD: Medical Doctor DO: Doctor of Osteopathic Medicine 'i PA: Physicians Assistant FNP: Family Nurse Practitioner Employee: Tester Tester Employer: Private Pay - CVO Date of Birth: Jan 01,1985 Time ln:5:41 PM Date: Aug 10, 2017 Time Out: Type of Exam: ❑ Pre - Placement Physical ❑ DMV Initial ❑ DMV Recertification ❑ Fit for Duty ❑ Functional Capacity Exam ❑ Other: Applicant: ❑ Qualified without restrictions as a: ❑ Qualified with the following restrictions: © NOT Qualified ❑ NOT Fit for Duty ❑ MEDICAL HOLD ❑ Released from Medical Hold on: Type of Drug Screen: ❑ Non -DOT Drug Screen ❑ DOT Drug Screen ❑ Rapid Drug Screen Results of Drug Screen: ❑ Negative ❑ Positive ❑ Non - Negative (Rapid Test) ❑ PENDING Breath Alcohol Test: ❑ Non -DOT ❑ DOT Results: ❑ Negative ❑ Positive Other Testing Components: Type of Test: ❑ Audio ❑ Spirometry ❑ TB ❑ TB Risk Assessment ❑ Other: Type of Lab: ❑ Hep B Titer ❑ Hep A Titer Vaccines: ❑ HEP A ❑ HEP B X-Ray: ❑ Chest ❑ Lumbar Comments: Examiner Name: Examiner's Signature: ❑ MMR Titer ❑ Other © MMR ❑ Other ❑ Other Title: Date ❑ Faxed ❑ E- Mailed ❑ Mailed ❑ Called To: ❑ Bakersfield Office - 4100 Truxtun Ave. Suite 200 Bakersfield, CA 93309 Phone: (661) 632 -1540 Fax (661) 632 -1538 ❑ Delano Office: 1427 South Lexington Ave. Suite #9, Building A Delano, CA 93215 Phone (661) 725 -1034 Fax (661) 725 -1096 09120117 CC AGENDA PACKET PG 309 r � ra l �(Atr�!lrli >r�lk� ('t<sx'!r< +.1if3rral 11ftli(;di Examinee: Post -Offer / Pre - Placement Functional Capacity Evaluation Summary Test Date: Employer: DOB: Job Title: Case #: Contact Person: According to the job description provided by your firm, the applicant must demonstrate the ability to safely meet the following essential job demand: Lift and Carry 50 pounds on an Occasional basis. Our test results found that the applicant was able to safely Lift and Carry a load of 50 pounds on an Occasional basis. Required Demand Capacity Medium Demonstrated Capacity Medium The examinee: ❑ Results of the examination indicate the prospective employee demonstrated the ability to perform the physical demands required of the essential job functions. ❑ Results of the examination indicate the prospective employee did not demonstrate the ability to perform the physical demands required of the essential job functions. COMMENTS: Marco Aurelio Barba, RKT# 1691 Date Physician Date 4100 Truxturi Avenue, Suit � Kitt ?3309.6 1 1-31 1 540 ,'.ix: 661.6`2.1 :;t> 09120117 CC AGENDA PACKET PG 310 Form MCSA -5875 OMB No. 2126 -0006 Expiration Date: 8/31/2018 atement may not conduct orspons4r, and a person is not required to respond to, nor shall a person be subject to a penalty, for failure to comply with a collection of information subject to the requirements of iuction Act unless that collection of information displays a current valid OMB Control Number.The OMB Control Numberfor this information collection is 2126 -0006. Public reporting for this collection stimated to be approximately 25 minutes per response, including the time for reviewing instructions gathering the data needed, and completing and reviewing the collection of information. All :ollectiori of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: :tion'Ciearance officer, Federal Motor Carrier Safety Administration, MC -RRA, 1200 New Jersey Avenue, SE, Washington, D.C. 20590. spprtation Medical Examination Report Form ( for Commercial Driver Medical Certification) I PRIVACY ACT STATEMENT: This statement is provided pursuant to the Privacy Act of 1974, 5 USCG 55 2a. MEDICAL RECORD AUTHORITY: Title 49, United States Code (USC), 49 USC 31133(a)(8) and 31149 19 c 1. 1URPOSE: To record results of a driver's physical examination, to determine qualification to operate a commercial motor vehicle (CMV), and to promote driver health in interstate commerce according to the requirements in 49 CFR 391.41 -49. Providing this information is mandatory. f this information is not provided, the medical examiner will not be able to determine qualification to operate a CMV in interstate commerce (Or sticker) I according to the requirements in 490M 391.41_49.To record results of a driver's physical examination and to determine qualification to operate i CMV in intrastate commerce when the driver is required by a State to be examined by a medical examiner listed on the National Registry of Certified Medical Examiners in accordance with the provisions of 49 CFR 391.41 -49 and any variances from the physical qualification standards adopted by such State. I Medical examiners are required to complete the Medical Examination Report Form for every driver physical examination performed in accordance with 49_C_.FR 391.41_. Each original paper or electronic) completed Medical Examination Report Form must be retained on file at the office ofthe medical examiner for at least 3 years from the date of examination. The I medical examiner must make all records and information in these files available to an authorized representative of FMCSA or an authorized Federal, State, or local enforcement agency epresentative, within 48 hours after the request is made [49 CFR 391.43(i)]• ROUTINE USES: The information is used for the purpose set forth above and may be forwarded to Federal, State, or local law enforcement agencies for their use. Medical Examination Report Forms collected by FMCSA will be stored in FMCSA's automated National Registry of Certified Medical Examiners System and will be used to monitor the performance of medi- -.al examiners listed on the National Registry. I In addition to those disclosures permitted under 5 USC 552Aa W.. of the Privacy Act of 1974, additional disclosures may be made in accordance with the U.S. Department ofTransporta- ion (DOT) Prefatory Statement of General Routine Uses published 1n the Federal Register on December 29, 2010 75 FR 82132 ,under "Prefatory Statement of General Routine I Uses" (available at http://www.dot.gov/privacy/privacyactnotices ). I ACKNOWLEDGMENT :I understand the provisions of the PrivacyAct of 1974 as related to me through the above - mentioned statement. I Driver's Signature: ;ECTION 1. Driver Information (to be filled out by the driver) I Last Name: I Street Address: Driver's License Number: E -mail (optional): First Name: City: Date: Middle Initial: Date of Birth: State /Province: Zip Code: Issuing State /Province: Phone: CLP /CDL Applicant /Holder *: 0 Yes O No I Driver ID Verified By * *: I Has your USDOT /FMCSA medical certificate ever been denied or issued for less than 2 years? 0 Yes 0 No 0 Not Sure Age: Gender: 0 M OF *CLP/CDL ApplicantlHolder: See instructions for definitions. **Driver ID Verified By: Record what type of photo ID was used to verify the identity of the driver, e.g., CDL, driver's license, passport. C HISTORY Have you ever had surgery? If "yes;' please list and explain below. 0 Yes 0 No 0 Not Sure Are you currently taking medications (prescription, over - the - counter, herbal remedies, diet supplements)? 0 Yes 0 No 0 Not Sure If "ves." please describe below. (Attach additional sheets if necessary) • 09120117 PACKET a ' Form MCSA -5875 OMB No. 2126 -0006 Expiration Date: 8/31/2018 ast Name: First Name: DOB: Exam Date: __�RIVEIR HEALTH HISTORY Not Not i Do you have or have you ever had: Yes No Sure Yes No Sure 1. Head /brain injuries or illnesses (e.g., concussion) Q Q Q 16. Dizziness, headaches, numbness, tingling, or memory Q Q Q 2. Seizures, epilepsy Q Q Q loss i 3. Eye problems (except glasses or contacts) Q Q Q 17. Unexplained weight loss Q Q Q 4. Ear and /or hearing problems Q Q Q 18. Stroke, mini - stroke (TIA), paralysis, or weakness Q Q Q i 5. Heart disease, heart attack, bypass, or other heart Q Q Q 19. Missing or limited use of arm, hand, finger, leg, foot, toe Q Q Q problems 20. Neck or back problems Q Q Q i 6. Pacemaker, stents, implantable devices, or other heart Q Q Q 21. Bone, muscle, joint, or nerve problems Q procedures 22. Blood clots or bleeding problems Q Q Q 7. High blood pressure Q Q Q 23. Cancer Q Q Q 8. High cholesterol Q Q Q 24. Chronic (long -term) infection or other chronic diseases Q Q Q 9. Chronic (long -term) cough, shortness of breath, or other Q Q Q 25. Sleep disorders, pauses in breathing while asleep, Q Q Q breathing problems daytime sleepiness, loud snoring 0. Lung disease (e.g., asthma) Q Q Q 26, Have you ever had a sleep test (e.g., sleep apnea)? Q Q Q i 11. Kidney problems, kidney stones, or pain /problems with Q Q Q 27. Have you ever spent a night in the hospital? Q Q Q urination 28. Have you ever had a broken bone? Q Q Q 12. Stomach, liver, or digestive problems � Q Q Q 29. Have you ever used or do you now use tobacco? Q Q Q .3. Diabetes or blood sugar problems i Q Q Q 30. Do you currently drink alcohol? Q Q Q Insulin used Q Q Q 31. Have you used an illegal substance within the past two Q Q Q i 14. Anxiety, depression, nervousness, other mental health Q Q Q years? problems i 32. Have you ever failed a drug test or been dependent on Q Q Q 15. Fainting or passing out i Q Q Q an illegal substance? Other health condition(s) not described above: QYes QNo Q Not Sure I I I Did you answer "yes" to any of questions 1 -32? If so, please comment further on those health conditions below. Q Yes Q No Q Not Sure (Attach additional sheets if necessary) DRIVER'S I certify that the above information is accurate and complete. I understand that inaccurate, false or missing information may invalidate the examination and my Medical Examiner's Certificate, that submission of fraudulent or intentionally false information is a violation of 49 CFR 390.35, and that submission I of fraudulent or intentionally false information may subject me to civil or criminal penalties under 49 CFR 390.37 and 49 CFR 386 Appendices A and B. i Driver's Signature: Date: Page 2 091201117 CC AGENDA PACKET PG 312 Form MCSA -5875 I -ast Name: First Name: DOB: OMB No. 2126 -0006 Expiration Date: 8/31/2018 Exam Date: ?ulse rate: Pulse rhythm regular: Q Yes Q No Height: _feet _inches Weight: _pounds I Blood Pressure Systolic Diastolic Urinalysis Sp. Gr. Protein Blood Sugar Sitting Urinalysis is required. Numerical readings Check the body systems for abnormalities. Second reading (optional) must be recorded. Abnormal 1. General Q Q 8. Abdomen Q I Other testing if indicated Protein, blood, or sugar in the urine may be on indication for further testing to rule out any underlying medical problem. I� Vision Hearing Standard is at least 20140 acuity (Snellen) in each eye with or without correction. At Standard: Must first perceive whispered voice at not less than 5 feet OR average I least 70 °field of vision in horizontal meridian measured in each eye. The use of car- hearing loss of less than or equal to 40 dB, in better ear (with or without hearing aid). rective lenses should be noted on the Medical Examiner's Certificate. I Acuity Uncorrected Corrected Horizontal Field of Vision Check if hearing aid used for test: ❑Right Ear ❑Left Ear El Neither Whisper Test Results Right Ear Left Ear Right Eye: 20/ 20/ Right Eye: _degrees — Record distance (in feet) from driver at which a forced Left Eye: 20/ 20/ Left Eye: _ degrees whispered voice can first be heard Both Eyes: 20/ 20/ Yes No OR I Applicant can recognize and distinguish among traffic control 00 Audiometric Test Results signals and devices showing red, green, and amber colors Right Ear Left Ear Monocular vision 00 500 Hz 1000 Hz 2000 Hz 500 Hz 1000 Hz 2000 Hz Referred to ophthalmologist or optometrist? 00 Received documentation from ophthalmologist or optometrist? 00 Average (right): Average (left): The presence of a certain condition may not necessarily disqualify a driver, particularly if the condition is controlled adequately, is not likely to worsen, or I is readily amenable to treatment. Even if a condition does not disqualify a driver, the Medical Examiner may consider deferring the driver temporarily. Also, the driver should be advised to take the necessary steps to correct the condition as soon as possible, particularly if neglecting the condition could result in a more serious illness that might affect driving. Check the body systems for abnormalities. Body System Normal Abnormal Body System Normal Abnormal 1. General Q Q 8. Abdomen Q 0 1 2. Skin Q Q 9. Genito- urinary system including hernias Q Q 3. Eyes Q Q 10. Back/Spine Q 0 4. Ears Q Q 11. Extremities /joints Q 0 1 5. Mouth /throat Q Q 12. Neurological system including reflexes Q Q 6. Cardiovascular Q Q 13. Gait Q 0 1 7. Lungs /chest Q Q 14. Vascular system Q 0 1 Discuss any abnormal answers in detail in the space below and indicate whether it would affect the driver's ability to operate a CMV. Enter applicable item number before each comment. (Attach additional sheets it necessary) 09120117 CC AGENDA PACKET PG 313 Corm MCSA -5875 I _ast Name: First Name: -*lease complete only one of the following (Federal or State) Medical Examiner Determination sections: OMB No. 2126 -0006 Expiration Date: 8/31/2018 Exam Date: 'Jse this section for examinations performed in accordance with the Federal Motor Carrier Safety Regulations (49 CFR 391.41- 391.49): 0 Does not meet standards (specify reason): Q Meets standards in 49 CFR 391.41; qualifies for 2 -year certificate 0 Meets standards, but periodic monitoring required (specify reason): Driver qualified for: 0 3 months 0 6 months 0 1 year 0 other (specify): ❑Wearing corrective lenses E] Wearing hearing aid ❑Accompanied by a waiver /exemption (specify type): ❑ Accompanied by a Skill Performance Evaluation (SPE) Certificate ❑ Qualified by operation of 49 CFR 391.64 ('Federal) ❑ Driving within an exempt intracity zone (see 49 CFR 39162)_(Federall I ❑ Determination pending (specify reason): ❑ Return to medical exam office for follow -up on (must be 45 days or less): ❑ Medical Examination Report amended (specify reason): (if amended) Medical Examiner's Signature: Date: ❑ Incomplete examination (specify reason): If the driver meets the standards outlined in 49 CFR 391.41, then complete a Medical Examiner's Certificate as stated in 49 CFR 391.43(h), as appropriate. I have performed this evaluation for certification. I have personally reviewed all available records and recorded information pertaining to this evaluation, and attest that to the best of my knowledge, I believe it to be true and correct. Medical Examiner's Signature: I Medical Examiner's Name (please print or type): I I Medical Examiner's Address: I Medical Examiner's Telephone Number: I Medical Examiner's State License, Certificate, or Registration Number: City: Date Certificate Signed: State: Zip Code: Issuing State: I ❑ MD ❑ DO ❑ Physician Assistant ❑ Chiropractor ❑ Advanced Practice Nurse I ❑ Other Practitioner (specify): I National Registry Number: Medical Examiner's Certificate Expiration Date: � . . 09120117 a La +►a P 314 corm MCSA -5875 i .ast Name: First Name: =: OMB No. 2126 -0006 Expiration Date: 8/31/2018 Exam Date: Ise this section for examinations performed in accordance with the Federal Motor Carrier Safety Regulations (4.9 CFR. 3...91.41-- 3.97,49) with any applicable State variances (which will only be valid for intrastate operations): 1 Q Does not meet standards in 49 CFR 391.41 with any applicable State variances (specify reason): 1 Q Meets standards in 49 CFR 391.41 with any applicable State variances 1 Q Meets standards, but periodic monitoring required (specify reason): Driver qualified for: O 3 months O 6 months O 1 year O other (specify): ❑ Wearing corrective lenses ❑ Wearing hearing aid ❑ Accompanied by a waiver /exemption (specify type): ❑ Accompanied by a Skill Performance Evaluation (SPE) Certificate ❑ Grandfathered from State requirements (State) —_ If the driver meets the standards outlined in 49 CFR 391.41, with applicable State variances, then complete a Medical Examiner's Certificate, as appropriate,, have performed this evaluation for certification. I have personally reviewed all available records and recorded information pertaining to this evaluation, and attest that to the best of my knowledge, I believe it to be true and correct. i Medical Examiner's Signature: Medical Examiner's Name (please print or type): Medical Examiner's Address: i Medical Examiner's Telephone Number: City: Date Certificate Signed: i Medical Examiner's State License, Certificate, or Registration Number: i ❑ MD ❑ DO ❑ Physician Assistant ❑ Chiropractor ❑ Advanced Practice Nurse i I] Other Practitioner (specify): National Registry Number: State: Zip Code: Issuing State: Medical Examiner's Certificate Expiration Date: Page 5 091201117 CC AGENDA PACKET PG 315 SECTION 8: EXCEPTIONS GENERAL CENTRAL VALLEY OCCUPATIONAL MEDICAL GROUP, INC., DECLARES THAT THERE ARE O GENERAL EXCEPTIONS SECTION 9: EXCEPTION TO CONTRACT TERMS CENTRAL VALLEY OCCUPATIONAL MEDICAL GROUP, INC., DELL S ES THAT THERE ARE NO EXCEPTIONS TO THE CONTRACT TER W� .� AGREEMENT NO. CITY PHYSICIAN'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY'' herein) and VERNON C. SORENSON M.D., DBA MEMORIAL OCCUPATIONAL MEDICINE ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and WHEREAS, the CITY does not have expertise currently on staff to perform City physician services; and WHEREAS, CITY desires to employ CONTRACTOR for pre - employment physicals, fitness for duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services, and WHEREAS, on August 9, 2017, CONTRACTOR submitted a response to Request for Proposals issued by CITY. Said Request for Proposal and CONTRACTOR's response are incorporated herein by reference as though fully set forth, as Exhibit "B." 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, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre - employment physicals, fitness for duty physicals, drug testing and other medical services as set forth in the City's Request for Proposal attached hereto and incorporated herein as Exhibit "A." CONTRACTOR may perform other work as agreed to by the parties in writing. CONTRACTOR agrees to provide the above - referenced services to the CITY on a priority basis for CITY employees and management. The scope of work shall include all items and procedures necessary to INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for MOM 2017.docx B Updated - March 9, 2015 -- Page 1 of 10 Pages -- 09120117 CC AGENDA PACKET PG 320 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 payment of the appropriate fee as set forth in the Proposal to Provide Medical Services from the Contractor. The total compensation paid to the CONTRACTOR shall not exceed One Hundred Thousand Dollars ($100,000) for any given year. 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. INDEPENDENT CONTRACTOR's AGREEMENT S: \RFPs \City Physician 2017 \Agreement for MOM 2017.docx B Updated - March 9, 2015 -- Page 2 of 10 Pages -- 09120117 CC AGENDA PACKET PG 321 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. TERM. This Agreement shall continue for a period of three (3) years commencing November 1, 2017. The CITY, as an option, may extend the contract for one additional year with the same terms and conditions. 13. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for MOM 2017.docx B Updated - March 9, 2015 -- Page 3 of 10 Pages -- 09120117 CC AGENDA PACKET PG 322 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. 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. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. 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: 19.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of insurance ( "basic insurance requirements ") herein: 19.2 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: 19.2.1 Provide coverage for owned, non -owned and hired autos. 19.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for MOM 2017.docx B Updated - March 9, 2015 -- Page 4 of 10 Pages -- 09120117 CC AGENDA PACKET PG 323 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: 19.3.1 Provide contractual liability coverage for the terms of this Agreement. 19.3.2 Provide products and completed operations coverage. 19.3.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.4 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 in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.5 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. 19.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for MOM 2017.docx B Updated - March 9, 2015 -- Page 5 of 10 Pages -- 09120117 CC AGENDA PACKET PG 324 execution of this Agreement and approved by the CITY in writing. 19.7 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. 19.8 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. 19.9 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. 19.10 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. 19.11 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. 19.12 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 CONTRACTOR. 19.13 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. 20. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for MOM 2017.docx B Updated - March 9, 2015 -- Page 6 of 10 Pages -- 09120117 CC AGENDA PACKET PG 325 shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 21. 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. 22. 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. 23. 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: LISA MCGRANAHAN HUMAN RESOURCES MANAGER CITY OF BAKERSFIELD - CITY HALL 1600 TRUXTUN AVENUE BAKERSFIELD, CA 93301 CONTRACTOR: VERNON C. SORENSON, M.D. DBA MEMORIAL OCCUPATIONAL MEDICINE 3838 SAN DIMAS STREET, SUITE B100 BAKERSFIELD, CA 93301 24. 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. 25. 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 INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for MOM 2017.docx B Updated — March 9, 2015 -- Page 7 of 10 Pages -- 09120117 CC AGENDA PACKET PG 326 parties to this Agreement. 26. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 27. 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. 28. 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. 29. 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. 30. 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. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 770323273. INDEPENDENT CONTRACTOR'S AGREEMENT S: \RFPs \City Physician 2017 \Agreement for MOM 2017.docx B Updated - March 9, 2015 -- Page 8 of 10 Pages -- 09120117 CC AGENDA PACKET PG 327 CONTRACTOR is a corporation? Yes X No_ (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. 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. 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 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney Insurance: VERNON C. SORENSON Title: Additional Signatures on Following Page INDEPENDENT CONTRACTOR's AGREEMENT S: \RFPs \City Physician 2017 \Agreement for MOM 2017.docx B Updated - March 9, 2015 -- Page 9 of 10 Pages -- APPROVED AS TO CONTENT: CITY MANAGER go ALAN TANDY City Manager COUNTERSIGNED: .2 NELSON SMITH Finance Director Attachment: Exhibit A - Request for Proposal Exhibit B - Proposal from "CONTRACTOR" INDEPENDENT CONTRACTOR'S AGREEMENT S:\RFPs\City Physician 2017\Agreement for MOM 2017.docx B Updated — March 9, 2015 -- Page 10 of 10 Pages -- 09120117 CC AGENDA PACKET PG 329 EXHIBIT A CITY OF BAKERSFIELD REQUEST FOR PROPOSAL (RFP) TO PROVIDE MEDICAL SERVICES (CITY PHYSICIAN) PROPOSALS DUE AUGUST 14, 2017 W• as .a The City of Bakersfield is seeking qualified physicians to provide medical services as described herein, other than treating workers' compensation claimants, as the City's Physician. All inquiries concerning this RFP are to be directed to: Lisa McGranahan Human Resources Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326 -3408 Proposals are to be marked: City Physician RFP ALL PROPOSALS MUST BE RECEIVED BYAUGUST 14, 2017, AT 5:00 P.M. PDT AT THE ABOVE OFFICE ADDRESS. PROPOSALS RECEIVED AFTER THE ABOVE DEADLINE WILL NOT BE ACCEPTED. GENERAL INFORMATION The City of Bakersfield desires proposals from qualified physicians who will perform Pre - employment Physicals, Drug Screening, Fitness - for -Duty Physicals, Driver's License Physicals, Hazardous Materials Physicals and Disability Retirement Evaluations. The following physicals were completed in a recent 12 -month period. 120 Pre - employment Physicals 230 Pre - employment Drug Screens 110 Random Drug Screening (includes DOT testing) 70 Fitness for Duty (Non - Industrial and Industrial) 170 Driver's License 35 Functional Capacity The City of Bakersfield has approximately 1,500 full -time, regular employees, and approximately 125 temporary employees, depending on seasonal fluctuations. The services of the City Physician will be retained for a three -year period beginning on November 1, 2017. The Agreement between the City of Bakersfield and the City Physician will be reviewed on an annual basis. The City reserves the right to contract with more than one service provider. SERVICES PROVIDED BY CITY PHYSICIAN 1) Pre - employment physical examinations; 2) Functional capacity evaluation /assessment (including ADA assessments); 3) Department of Motor Vehicle physicals; 4) Fitness - for -Duty evaluations and Disability Retirement evaluations; 5) Drug Screening (includes DOT regulated tests); 6) Hepatitis B inoculations including Firefighters, Police Officers, Lifeguards and other at -risk employees; (on -site and in- office); 7) Hazardous materials physicals for Fire Department Hazardous Materials Team; 8) Medical /legal witness for the City Attorney's Office and Risk Management Division; 9) Medical consultation for three (3) Civil Service Boards regarding medical appeals; 10) On -site presentations and discussions with staff and employees regarding a variety of medical related employee wellness issues (i.e., weight control, cholesterol level, blood pressure, exercise), and other Risk Management related issues as requested; 11) Annual influenza inoculations and vaccinations. SERVICES TO BE PROVIDED BY CITY STAFF City staff will review and evaluate the proposals submitted and will present a report with a recommendation to the City Council. Final selection will be made by the City Council. RFP INTERPRETATION AND ADDENDA Interpretation of RFP: All proposers shall carefully examine the requirements, specifications and conditions expressed in the RFP and fully inform themselves as to the quality and type of services required. Discrepancies, omissions or requests for interpretation should be submitted in writing to: LISA MCGRANAHAN Human Resources Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326 -3408 Addenda: Any change in the RFP will be made only by written addenda. Addenda issued by the City interpreting or changing any of the items in this RFP shall be incorporated into this RFP. The vendor shall sign and date the Addenda Cover Sheet, if any, and submit them with the proposal (or deliver them to the City Human Resources Office, if vendor has previously submitted its proposal to City). Failure to receive any addenda shall be the sole responsibility of the vendor. Vendor shall check with City to insure all addenda have been received prior to submitting any proposal. City shall not be held liable in any event for failure of vendor to receive addenda or letters of clarification. 4 WNIVAULSMA TERMS AND CONDITIONS Contract: A sample contract detailing the terms and conditions under which work is to be performed is attached. Although minor changes may be negotiated, the sample contract is substantially as it will be in its final form. Requested changes to the terms and conditions of the contract must be included in the contract section of the proposal. Compensation: It is the City's preference to contract for the services to be performed under this Agreement on a fixed fee schedule. Other Physicians: City physician shall supply to City a complete listing of, and payment schedule for, all physicians, physical therapy facilities, laboratories, and other medical services which City physician uses as subcontractors for medical services provided to City. The cost of these subcontractors will be the sole responsibility of the City Physician. The City will contract only with the City Physician who will be solely responsible for providing the services agreed to in the contract. Local Preference: Whenever possible, the City requests the use of local health care providers and service facilities in close proximity to City facilities and operations. However, outside providers will not be excluded and are encouraged to submit a Request for Proposal. Invoicing: Provider's clerical staff will work closely with the City's Human Resources and Risk Management staff in ensuring, to the extent possible, the following: 1) Invoices and statements are issued at approximately the same time and in a consistent time frame; 2) On follow -up appointments, the original appointment date will be referenced on the new invoice; 3) For drug screens and pre - employment physicals, note on the invoice whether the test is for a regular or temporary employee; 4) The City employee authorizing any appointment will be noted on the invoice. s /. / a �a .a GENERAL INSTRUCTIONS The submission of a proposal shall be conclusive evidence that the provider has investigated and is satisfied as to the conditions to be encountered, the type, quality and scope of work to be performed and the requirements of the City. Proposal to Remain Firm: All proposals shall remain firm for a period of at least one hundred twenty (120) days from August 14, 2017. Compliance with all Laws: Vendor shall, at vendor's sole cost, in responding to this RFP, and in carrying out the terms of the contract, should a contract be awarded, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, and shall faithfully observe in all activities relating to or growing out of this proposal all municipal ordinances and state and federal statutes, rules and 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 §5.02) where required. Signature of Provider: The proposal and any clarification thereto shall be signed by an officer of the provider company or designated agent empowered to bind the firm in a contract. Complete Written Proposal: Only written proposals will be accepted. No oral, facsimile, telegraph, telephone or electronic proposals or submissions will be considered. The completed proposal shall be without interlineation, alteration or erasers. Unnecessarily lengthy documents are discouraged. PROPOSAL FORMAT AND CONTENTS For ease in review and to facilitate evaluation, the proposals submitted for this project should be organized and presented in the following requested order: Cover Page Name of Firm and Proposal Title Organizational Information Provide specific information concerning your firm in this section. If two or more firms are involved, information concerning the working relationship between the firms, i.e., primary physician /other physician must be provided. rel W as .a (a) Contract Information Provide a list of any contracts you may have with the City of Bakersfield. (b) Medical Practice Information Describe your current medical practice and the approximate percentage of time dedicated to various medical services. (c) Other Provide a list of any ownership interests you may have with any medical facility, including, but not limited to, laboratories, radiology, and equipment. Specification re Computer - Integrated Linkup: Provide specifications regarding computer- integrated communication linkup to City's Risk Management and Human Resources Divisions for purposes of billing and accessing patient status. Provide security measures for same. Describe how the program works. Qualifications and Experience: Provide specific information in this section concerning your firm's and /or other physicians' capabilities and experience as it relates to the services provided. Provide a list of other organizations which your firm works with, and provides medical services that are of similar nature to the City of Bakersfield. Include names and telephone numbers of three (3) references for these services provided. Professional Team: Include the name and location of the office where the work is to be performed. Provide a list of personnel who are part of your staff and the length of time employed. Attach curriculum vitae for medical doctors (including any board certifications), and all significant members of the professional staff which reflect their experience in this type of work. Indicate hospital(s) affiliation for each physician. Finally, provide an organizational chart for the professional staff which identifies their titles. W as .a Insurance Reauirements: Prior to beginning work, the vendor will provide evidence of the following insurance coverage: 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); 2. Workers' Compensation 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. 3. General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; Two Million Dollars ($2,000,000) in the aggregate; 4. Each physician named in the proposal must carry Medical Professional Liability Insurance at no less than $1,000,000. Attach proof of endorsements and certificates of insurance to this proposal. The Workers' Compensation insurance policy shall include a Waiver of Subrogation endorsement in favor of the City of Bakersfield. The General Liability insurance policy shall include an Additional Insured endorsement naming the City of Bakersfield, its mayor, council members, agents and employees as additional insureds. All policies required of the vendor shall be primary insurance as to the City, its mayor, council members, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the City shall be excess of the vendor's insurance shall not contribute with it. 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. 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. The vendor 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. Full compensation for all premiums which the vendor is required to pay on all of 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 for additional premiums which may be required by extensions of the policies of insurance. s I• as .a It is further understood and agreed by the vendor 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 vendor in connection with this Agreement. 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. Cost of Services: An itemized fee schedule should be included based upon scope of work to be performed as enumerated in the attached Fee Schedule Exhibits A - I. Sample Reports: Proposal shall contain written samples of status reports that would be submitted to the City on a Pre - employment Physical, a Driver's License Physical, and a Fitness -for- Duty Physical. Exceptions (General): If you cannot comply with any conditions of the scope of work to be performed, explain what conditions cannot be complied with and the reason. Exceptions to Contract Terms: If you cannot comply with any conditions of the contract, explain what the conditions cannot be complied with, and the reason. SELECTION PROCESS Solicitation Caveat: The issuance of this solicitation does not constitute an award commitment on the part of the City nor shall the City pay for costs incurred in the preparation of, or submission of proposals. Proposal Submission: Submit four (4) copies of your proposal to: LISA MCGRANAHAN Human Resources Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 ALL PROPOSALS MUST BE RECEIVED BY AUGUST 14, 2017, AT 5:00 P.M. PDT AT THE ABOVE OFFICE ADDRESS. PROPOSALS RECEIVED AFTER THE ABOVE DEADLINE WILL NOT BE ACCEPTED. Initial Screening: All proposals received by the specified deadline will be reviewed by the City staff for content, fee charges, related experience and professional qualifications of physicians and other professional staff (including length of the employment with facility). City staff will then make a recommendation to the City Council. Included in the review may be an inspection of the facility. Interviews of those selected firms may be conducted as part of the final selection process. Award of contract is contingent upon approval by the Bakersfield City Council. The City reserves the right to select the Proposal(s) which, in its sole judgment, best meets the needs of the City. Resection of Proposals: The City reserves the right to reject any and all proposals received and to waive any informality, technical defect or clerical error in any proposal as the interest of the City may require. Applicants submitting proposals which do not substantially meet the requirements will be considered noncompliant. Notification: After evaluation of proposals and approval by the City of Bakersfield, all proposers will be notified by letter of the new provider(s), within twenty (20) days of the final selection. The contents of the proposal and any clarification thereto submitted by the successful proposer shall become part of the contractual obligation and incorporated by reference into the ensuring contract. All proposals become the property of the City of Bakersfield and will not be returned to the proposer. SELECTION CRITERIA The City of Bakersfield reserves the right to award this contract not necessarily to the firm with the lowest cost, but to the firm which will provide the best overall match to the RFP requirements. Failure to provide requested information or unwillingness to accept the terms, conditions and other requirements of this RFP may result in rejection of the proposal. Firms will be selected for oral interviews based on their overall quality of written response to the RFP, public entity cost containment experience, computer systems and compatibility, fee structure and overall costs, and experience and skill of staff. An evaluation team comprised of representatives of the City of Bakersfield and other team members as deemed necessary will review all proposals meeting the criteria of 10 WJAVJJWLMMA .� this RFP. Proposals will be evaluated using a weighting factor for criteria listed below. The weighting factors and total scores will remain confidential. Failure to provide requested information or unwillingness to accept terms, conditions and other requirements of this RFP may result in rejection of the proposal. The City of Bakersfield reserves the right without prejudice to reject any or all proposals. Provider Qualifications: This criterion will measure the ability of the prospective physician to successfully complete the contract as required. Consideration will be given, but not limited to, the following, with points or rating factors applied. The sum of the factors will be the total given to this grouping. 1. Expertise, Experience, Education, License and Certification. 2. Ability to write comprehensive, logical and concise reports. 3. Ability to be on -call 24 hours, 7 days a week. 4. Prior experience in toxic and pesticide exposures, disability evaluation, and drug testing. (Include documentation.) 5. Review of listed references. 6. Professional training or other experience that qualifies physician to testify in areas of claims liability and Americans with Disabilities Act. 7. Professional training of other members of professional staff. 8. Experience in testifying in court. This should include, but not be limited to, the number of times physician has testified in court and in what areas of expertise physician has been certified by the Superior Court. In addition, experience testifying at Workers' Compensation Appeals Board Hearing. Administrative Hearings and at depositions. (Submit any relevant documentation.) 9. Adequacy of facilities and equipment. 10. Ability to conduct physical examinations within a reasonable time and provide medical reports within a maximum of three (3) days of the examination. 11. Ability to see employees or applicants within a reasonable time of scheduled appointment. 12. Availability for telephone and /or in person conferences by City management staff. 13. Cost of services including sufficiency of detail. 14. Ability to commence services upon contract approval. 15. PROFESSIONAL MERIT: The soundness of the program and professionalism of the content will be evaluated by this criteria. This is to include such things as knowledge of content, the types of medical issues, and the varied services the City Physician will perform. In addition, reasonableness of staffing plans, soundness of approach and quality of the total program offered will be considered. W as .a APPENDIX INSTRUCTIONS FOR EACH SERVICE OR EXAMINATION SPECIFIED IN THE FOLLOWING EXHIBITS A - J, INDICATE THE COMPONENT FEE CHARGED FOR THAT SERVICE OR EXAMINATION. ALSO INDICATE THE TITLE OF THE INDIVIDUAL ADMINISTERING THE TEST. INCLUDE ADDITIONAL TESTS OR SERVICES AS APPROPRIATE WITH THE FEE SCHEDULE FOR EACH TEST. 12 WM as .a , EXHIBIT A City Of Bakersfield Fee Schedule for Hazardous Materials Physicals for Fire Department RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular (including interpretation) $ Oxygen Uptake for MET Level $ Audiogram $ Spirometry with completed Respiratory Questionnaire $ Urinalysis $ Cholinesterase Levels $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ Occult Feces Blood Screen $ Heavy Metal Testing Cadmium Beryllium Lead Mercury Arsenic $ X -ray Lumbar 5 views (at discretion of physician) $ X -ray Lumbar 3 views $ X -ray Chest 2 views $ Functional Capacity Evaluation $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 13 W / a La +►a +► -� EXHIBIT B City Of Bakersfield Fee Schedule for Pre - Employment Physical for Fire Department RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular $ Electrocardiogram $ Oxygen Uptake for MET Level ** $ Audiogram $ Spirometry $ Urinalysis $ TB Skin Test $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ Drug Screen $ X -ray Lumbar 5 views (at discretion of physician) $ X -ray Lumbar 3 views $ X -ray Chest 2 views $ Occult Feces Blood Screen * * $ Respiratory Questionnaire $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 14 W as .a EXHIBIT C City Of Bakersfield Fee Schedule for Voluntary Annual Physical for Fire and Police RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular $ Electrocardiogram $ Audiogram $ Spirometry $ Urinalysis $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ PSA if over 40 years old $ X -ray Chest 2 views $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 15 W / a La +►a �� EXHIBIT D City Of Bakersfield Fee Schedule for Police Department Clandestine Lab Training Physical RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular (including interpretation) Electrocardiogram $ Audiogram $ Spirometry $ Urinalysis $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ X -ray Chest 2 views $ Respiratory Questionnaire $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. lro, EXHIBIT E City Of Bakersfield Fee Schedule for Police Department FBI Hazardous Devices School Physical RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular (including interpretation) $ Electrocardiogram $ Audiogram $ Spirometry $ Urinalysis $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ X -ray Chest 2 views $ Functional Capacity Evaluation $ Respiratory Questionnaire $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 17 W / a La +►a +► -�* EXHIBIT F City Of Bakersfield Fee Schedule for Pre - Employment Physical for Police Department RFP 2017 Service Fee Title of Person Performing Services Complete History and Physical Exam (Visual Acuity included) $ Stress Test Cardiovascular $ Electrocardiogram $ Audiogram $ Spirometry $ TB Skin Test $ CBC with Differential $ Comprehensive Metabolic Panel $ Lipid Profile $ Drug Screen $ X -ray Lumbar 5 views (at discretion of physician) $ X -ray Lumbar 3 views $ X -ray Chest 2 views $ Respiratory Questionnaire $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 18 W as .a EXHIBIT G City Of Bakersfield Fee Schedule for Miscellaneous Services RFP 2017 Service Fee Title of Person Performing Services Educational Programs Heart Disease $ Hypertension $ Colon Cancer $ Back Care $ Heat Illness $ Exercise and Fitness $ Nutrition/Weight Control $ Substance Abuse $ Stress Management $ Tobacco & Alcohol $ Screening Programs $ Diabetes $ Weight Control $ Hypertension $ MMR Titer $ Varicella/Zoster Titer $ TDAP- Tetanus, Diphtheria, Pertussis $ Tuberculosis Skin Test $ Tuberculosis Chest X -ray $ MMR Booster $ Varicella/Zoster Vaccine $ Z, /. a �a .a . -��• Respirator Fit Test $ Respirator Fit Test Full Face $ Respirator Questionnaire $ Spirometry $ Seasonal Influenza $ *On -Site Clinic Fee $ Hepatitis Vaccination (A, B, A/B Twinrix) $ Near Vision Testing $ Medical Consultation for Committees or Boards Regarding Medical Appeals $ Fitness for Duty $ Functional Capacity Evaluations $ Med /Legal Witness for the City Attorney's Office and Risk Management $ DMV Recertification Physical $ Urine Drug Screen (DOT) $ Management of DOT Program $ Any Additional Tests Or Pricing That Is Pertinent To Include Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. *Seasonal Influenza and other vaccinations are typically administered as an on -site clinic at our employer location. Indicate if there is a fee for services involving an on -site clinic, and what the fees are for the clinic. If no fee is applicable, indicate NO FEE. P /. / a EXHIBIT H City Of Bakersfield Fee Schedule for Pre - Employment Physical for Group A (Med -Heavy Laborer) RFP 2017 Service Fee Title of Person Performing Services Drug Screen — Rapid *Do not proceed unless negative results $ Complete History and Physical Exam $ Functional Capacity Evaluation $ DOT Physical /Drug Screen *As requested per position requirements $ Audiogram *As requested per position requirements $ Spirometry *As requested per position requirements $ TB Skin Test *As requested per position requirements $ $ $ $ $ $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 21 I • I as +►a ' L EXHIBIT I City Of Bakersfield Fee Schedule for Pre - Employment Physical for Group B (Professional/Light Work) RFP 2017 Service Fee Title of Person PerforminIZ Services Drug Screen — Rapid *Do not proceed unless negative results $ Complete History and Physical Exam $ TB Skin Test *As requested per position requirements $ $ $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 22 EXHIBIT .I City Of Bakersfield Fee Schedule for Disability Retirement Medical Evaluations RFP 2017 Pursuant to state statutes, the City of Bakersfield is responsible for recommending disability retirements for safety members of the City of Bakersfield, through the Disability Retirement Committee. In some cases the Disability Retirement Committee may request an independent medical evaluation by the City Physician in order to obtain clarification on a medical condition, or additional information regarding work restrictions. Depending on the medical condition, the City Physician may elect to also refer the case to a specialist for an evaluation to assist in making a comprehensive opinion about an employee's medical condition and ability to work. Service Fee Title of Person Performing Services Complete History and Physical Exam $ Functional Capacity Evaluation *Physician to determine if necessary for medical determinations. $ $ $ $ Total $ Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. 23 the SAMPLE AGREEMENT NO. CITY PHYSICAN'S AGREEMENT THIS AGREEMENT is made and entered into on CITY OF BAKERSFIELD, a municipal corporation, ( "CONTRACTOR" herein). RECITALS , by and between ( "CITY" herein) and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and WHEREAS, the CITY does not have expertise currently on staff to perform City physician services; and WHEREAS, CITY desires to employ CONTRACTOR for pre - employment physicals, fitness for duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services, and WHEREAS, on , CONTRACTOR submitted a response to Request for Proposals issued by CITY. Said Request for Proposal and CONTRACTOR's response are incorporated herein by reference as though fully set forth. 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, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre - employment physicals, fitness for duty physicals, drug testing and other medical services as set forth in the City's Request for Proposal attached hereto and incorporated herein as Exhibit "A." CONTRACTOR may perform other work as agreed to by the parties in writing. CONTRACTOR agrees to provide the above - referenced services to the CITY on a priority basis for CITY employees and management. 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 payment of the appropriate fee as set forth in the Proposal to Provide Medical Services from the Contractor. The total compensation paid to the CONTRACTOR shall not exceed Dollars ($ ) for any given year. 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. 24 W as .a 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. 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. TERM. This Agreement shall continue for a period of three (3) years commencing November 1, 2017. The CITY, as an option, may extend the contract for one additional year with the same terms and conditions. 13. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 25 V1 / a La +►a 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. 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. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. 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: 19.1 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 19.2 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: 19.2.1 Provide coverage for owned, non -owned and hired autos. 19.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.3.1 Provide contractual liability coverage for the terms of this Agreement. 19.3.2 Provide unlimited products and completed operations coverage. 19.3.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval 26 by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.4 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 in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.5 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. 19.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 19.7 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. 19.8 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. 19.9 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. 19.10 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. 19.11 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. 19.12 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 CONTRACTOR. 19.13 CONTRACTOR shall provide, when required by CITY, performance, labor 27 W as .a , 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. 20. 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. 21. 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. 22. 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. 23. 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: LISA MCGRANAHAN HUMAN RESOURCES MANAGER CITY OF BAKERSFIELD CITY HALL 1600 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 CONTRACTOR: 24. 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. 25. 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. 26. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 28 • as .a 27. 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. 28. 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. 29. 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. 30. CORPORATE AUTHORITY. Each individual entities represent and warrant that they are, respectively the entities and to bind the entities fully to each and Agreement. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes_ signing this Agreement on behalf of duly authorized to sign on behalf of all of the obligations set forth in this No (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. 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. 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 By: By:— KAREN GOH Mayor Print Na APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney M (NAME & TITLE) Insurance: Title: Additional Signatures on Following Page 29 I • I a' +►' APPROVED AS TO CONTENT: CITY MANAGER By: ALAN TANDY City Manager COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit A - Request for Proposal Exhibit B - Proposal from "CONTRACTOR" 30 W ,&[VjjWEqMA EXH 1 BIT B ORGANIZATIONAL INFORMATON Vernon C. Sorenson M.D., DBA Memorial Occupational Medicine, was incorporated in 1992. The original location was located at the corner of Ming and Ashe, in Bakersfield Ca and upon opening operated under the name of Memorial Urgent Care and later Ming and Ashe Urgent Care. Services provided at that location were urgent care medicine and occupational medicine. IN May 2005 the business was moved to its current location of 3838 San Dimas St., Ste B100, Bakersfield, Ca 93301. The move was to a much larger 15,000 sq, ft facility located adjacent to Memorial Hospital with a focus on expanding services and a stronger market presence in both urgent care and occupational medicine. The name Memorial Urgent Care was reinstituted for the urgent care brand name and the occupational medical practice was branded under the name Vernon C. Sorenson, M.D. Occupational Medicine. In September 2007 the DBA, Memorial Occupational Medicine, was assumed for branding of the occupational medical portion of the practice. Although the business operates under the DBA's Memorial Urgent Care and Memorial Occupational Medicine, there is no affiliation with Memorial Hospital, Dignity Healthcare or any of their entities. Vernon C. Sorenson is a structured as a sole proprietor and is registered as a California corporation under the Tax ID #770323273. Company officers authorized to execute a contract on behalf of the corporation are as follows: Vernon C. Sorenson M.D Medical Director (661) 326 -0088 Jennifer Sorenson Business Manager (661) 326 -0088 Contract Information At the time of submission of the RFP, Memorial Occupational Medicine is a contracted provider on the Medical Provider Network for the City of Bakersfield Workers Compensation program. IffAVArAEqMA MEDICAL PRACTICE INFORMATION Memorial Occupational Medicine provides services exclusively to area employees and businesses. Memorial Occupational Medicine is the only dedicated occupational medical practice that operates from 7:00 a.m. to 7:00 p.m., 7 days a week. Injuries are seen on a walk -in basis, including weekends. This avoids the need to use a hospital or emergency room for injuries on Saturday or Sunday. In addition to weekend injury treatment we also have certified staff available to perform essential (post accident, reasonable suspicion) urine drug screen collections and breath alcohol screening, both under Non -Dot and Dot SAMSHA protocols. During the hours of 7:00 p.m. to 7:00 a.m. we have a medical provider and medical support staff available on -call who will respond to the clinic in the event of an emergency after -hours on- the -job injury to evaluate and treat the patient. In addition to the after -hours injury treatment, our staff are also available to respond to the clinic to collect an essential urine drug screen or breath alcohol screen. Memorial Occupational Medicine is staffed with two physicians, four physician assistants and one nurse practioner dedicated to the occupational medicine practice. They are supported by 12 medical assistants and certified x ray technologists. Client service is supported by dedicated medical surveillance staff who transmits information to clients through our electronic medical records system, as well as a customer service representative and account/executive. We provide comprehensive occupational medical services to a wide variety of Kern County industry including petroleum, agriculture, manufacturing, construction, staffing and city, county, state, federal and special assessment district entities. 2VAVArAEqMA a +► a +► Percentage of time dedicated from M.D. and PA for occupational medicine breaks down is as follows: 25% workers compensation, 35% for re- checks, 25% pre - placements and 15% Fit for duty /return to work. Memorial Occupational Medicine provides a comprehensive menu of service designed to meet a variety of the City's needs. The following list is an overview of the primary occupational medicine service offering: Physical Examinations Pre- Employment/Post Offer Physicals Wellness Evaluations Dmv /Dot Physicals Fit - For -Duty /Return -To -Work Haz -Mat Physicals Fire Dept Executive Physicals Disability Evaluations Evaluation and Treatment of Occupational Injury /Illness AOE /COE (Causation Analysis) Evaluation Determination of Maximum Medical Improvement (PR -4) Disability Evaluation Medical Surveillance /Specialized Testing Audiogram Pulmonary Function Testing Quantitative Mask Fit Testing Laboratory (Cholinesterase, CBC, Chemistry Panel) EKG (Resting and Treadmill) Titmus Vision Screen Hepatitis Screening and Vaccination X -Ray Tetanus Immunization Hepatitis B Inoculations Treadmill or Cycle Ergo meter Cardiac Stress Testing On Site inoculations - Influenza or Hepatitis B Vol Metabolic Level Testing Vo2 Metabolic Equivalent Testing Functional Capacity Evaluation (FCE) Pre- Placement/Post -Offer Fit-For-Duty/Return-To-Work Worker's Compensation Evaluation for PR -4 Report ADA Assessments Substance Abuse Testing Dept. of Transportation (DOT) 5 Panel Non -DOT 14 Panel Screen Rapid, In -Office Screening (5 and 10 Panel) Medical Review Officer (MRO) Breath Alcohol Testing Saliva Alcohol Screening Hair Testing Memorial Occupational Medicine utilizes the lates electronic medical record software to store and manage patient information and medical records. The system was implemented in May of 2009, and the trade name Agility EMR. One feature of Agility is the ability to give our client direct, client specific, and access to selected patient information using a password. This employer link is known by the term "employer remote access ". Typical reports an employer may access would be the work status report on a worker's comp injury visit, doctor's first report of injury, physical exam results and drug test/BAT results. Other specialized result forms include specialized testing such a audiogram, respirator fit test and respirator mask fit test. Information under an employer's remote access can be accessed 24 hours per day. In the event of a security breach, the password can easily be changed. Sample reports available through Agility employer remote access have been included for your review. QUALIFICATIONS AND EXPERIENCE Dr. Vernon C. Sorenson has practiced medicine in the state of California for the past forty -two years. Dr. Sorenson is board certified in Emergency Medicine and was Medical Director and an attending physician at Memorial Hospital Emergency Department from 1976 until January 1st 2007. In addition to his Emergency Physician duties, Dr. Sorenson took over an Urgent Care Center at 650 Ming Avenue in 1985. It was during his time as an Urgent Care Physician that Dr. Sorenson began to practice occupational medicine. Although the primary focus in the urgent care was treatment of minor non industrial injury/illness, the practice began to provide treatment of Worker's Compensation injury/illness, physical examination, drug testing and medical surveillance for a variety of Bakersfield employers including Big West Refinery and Mercy Healthcare. During his years in Urgent Care Dr. Sorenson also began to provide specialized worker's compensation examinations at the request of the Worker's Compensation Insurance Carriers. These examinations consisted of AEO /COE or Causation Analysis and in Permanent Disability Examinations. In addition to his duties in urgent care, Dr. Sorenson also worked as an associate physician in the office of Willard B. Christiansen, M.D. Dr. Sorenson worked in this capacity part -time for approximately three years (199 1 -1994) In May of 2006 Dr. Sorenson moved his urgent care practice to the current location. For the past eleven years, Memorial Occupational Medicine practice has experienced steady growth due to our expertise and convenient hours. We have been able to meet the needs of both the private sector employer as well as the private employers such as the City of Bakersfield, County of Kern, Kern High School Transportation Division and Kern Mosquito Abatement District. W as We have developed specific expertise and utilizing P.O.S.T. guidelines in providing law enforcement pre - placement/post -offer history and physical exams for the Bakersfield Police Department, Kern County Sheriff's Department and most recently McFarland Police Department. In addition we have performed extensive port- offer /pre- placement exams for the State of California Department of Corrections through their third party contractor Emeryville Occupational Medical Center. We have performed a large quantity of Hazardous Materials (Haz Mat) exams for the Bakersfield Fire Department's Haz Mat team members. These physical exams were extensive consisting of history and physical, blood chemistry evaluation, audiogram, pulmonary function testing, cardiac treadmill, and metabolic equivalent testing utilizing V02 pulmonary gas exchange testing. IN addition to the aforementioned public service entities, we perform medical screening, surveillance, and fit - for - duty /return -to -work exams services for Sunview Vineyards, Nestle Ice cream, Empire Ag, and Ensign Drilling. Our Medical staff also includes Dr. Virgina Alvidrez who joined Memorial Occupational Medicine in May of 2009. She is a native of Taft, Ca. After graduation from medical school in 2000, Dr Alvidrez completed her family practice residency in 2004 at University Medical Center in Fresno, Ca. Dr. Alvidrez worked as a primary care and urgent care physician at clinics in Fresno and Taft until she joined our practice. Over the last eight years Dr. Alvidrez has gained extensive experience in providing a complete range of occupational medical services for Memorial Occupational Medicine clients including the county of Kern, Nestle, Ensign Drilling and Self Insured Schools of California. Manuel Garcia, PA -C, joined our clinic in 2012 but began working per diem and became full time in 2014. He graduated with a Masters in Physician Assistant Studies from Western University of Health Services in 2007. After completing his Pa studies, Manuel worked for Clinica Sierra Vista where he provided primary and chronic healthcare services in a high volume setting. Manuel has gained knowledge in occupational medicine as he is one of our providers who providers after hours worker's compensation injury treatment for our clients. Alan Bankhead, PA -C, is a full time provider in our clinic. He graduated with a Masters of Physician Studies from the University of Iowa Carver College of Medicine in 2011. After completing his PA studies , Alan worked for Clinica Sierra Vista where provided primary medicine and urgent care services in a high volume practice. Alan is also one of our providers providing after -hours worker's compensation injury treatment for our clients. Julie Gentry N.P joined our practice in 2015 and has experience with urgent care and case management with chronic diagnosis such as diabetes, and asthma. Although she primarily works in our urgent care department she is gaining more knowledge with pre - placement physicals and worker's compensation injuries. Scott Newdang PA-C, as well as Arleada Robertson PA -C are newest to Memorial Occupational medicine and have been here both for about a year and work mostly weekends and do see some of the weekend and night workers compensation injuries. Functional Capacity Testing will be provided by Joel Cardoza who is a graduate in Kinesiology from California State University Bakersfield. Joel has over six and a half years experience providing functional capacity evaluations at Memorial Occupational Medicine. During that time Joel has performed a variety of functional capacity evaluations including pre- placement/post offer and fit - for -duty /return -to -work for employers such as Nestle Ice Cream, City of Bakersfield, County of Kern and Ensign Drilling. Prior to his employment with Memorial Occupational Medicine Joel was employed for three years at Terrio Physical Therapy. The Functional Capacity Evaluation unit at Memorial Occupational Medicine also utilizes the services of Bob Pair, Registered Physical Therapist. Bob has over thirty years experience as a physical therapist and is owner of Pair and Marotta Physical Therapy. Bob serves as a consultant and assists in performing the Workers Compensation FOE'S where sincerity of effort is the focus. PROFESSIONAL TEAM: Services for the City of Bakersfield will be provided at our office located at 3838 San Dimas St, Ste B100, Bakersfield, Ca 93301. The office is directly behind Memorial Hospital. Key staff members who will be a part of the care delivery team for the City of Bakersfield will be: Vernon C. Sorenson M.D. Medical Director President/Founder 23 yrs employment occupational medicine /urgent care Virginia Alvidrez M.D. Associate Physician 8 years with Memorial Occupational Medicine Manuel Garcia Physician Assistant 5 years with Memorial Occupational Medicine Alan Bankhead PA -C Physician Assistant Four years with Memorial Occupational Medicine Julie Gentry NP Nurse Practioner Two years with Memorial Occupational Medicine Scott Newdang PA -C Physician Assistant 1 year with Memorial Occupational Medicine Arleada Robertson PA -C Physician Assistant 1 year with Memorial Occupational Medicine Rhiannon Aleman Account Executive 9 years with Memorial Occupational Medicine Rosemary Hernandez Medical Assistant Medical Surveillance Mro Assistant 10 years with Memorial Occupational Medicine Further supporting the City of Bakersfield will be Rhiannon Aleman, Account Executive she started out in the front office where she gained knowledge of occupational medicine and workers compensation but also forged relationships with employers that would later prove vital in handling customer service concerns or questions. Rhiannon would be the point of contact for the City of Bakersfield HR staff should any customer service issues or concerns arise. Rhiannon has been with Memorial Occupational Medicine for over 9 years. Rosemary Hernandez, Medical Assistant, Mro Assistant coordinates our medical surveillance department. Her primary duties will be to provide all medical results and information to the City of Bakersfield. We utilize a state -of — the -art electronic medical record system that allows us to send results via encoded email. Rosemary is always available to city staff for any inquires or requests regarding test results or medical information. I• as .a .. ' The Medical Board of California ===_3 2005 Evergreen Street, Suite 1200 Sacramento, GA95B15 0 PHYSICLOIN AND SURGEON CERTIFICATE No, 624764 EXPIRATION 07/31/2018 VERNON CLIFFORD SORENSON 3838 SAN DIMAS ST STIE Bloo BAKERSFIELD CA 93301-2285 ORH3jNAL ISSUANCE DATE RECEIPT No, 06126/1973 I00002492 VERNON C. SORENSON, M.D. Curriculum Vitae Education: 1973 Surgical Internship Los Angeles County — University of Southern California Medical Center. 1972 Doctor of Medicine (UCLA) 1968 Bachelor of Science in Chemistry (UCLA) Employment: 1975 . — Present Vernon C. Sorenson, M.D., A Professional Corporation (APC) 1973-197.5 Self Employed Vernon C Sorenson, M.D., APC Business Affiliations: 08/07 — Present Vernon C. Sorenson, M.D., Inc. now doing business as Memorial Occupational Medicine and Memorial Urgent Care Center 2003 — Present Owner of Ming & Ashe Medical Center — now doing business as, Memorial Urgent Care, Vernon C. Sorenson, M.D., Inc., an urgent care clinic in Bakersfield, California. 1986— 2003 Owner of Bakersfield Primary Physicians, Inc., which operated as Ming & Ashe Medical Center, an urgent care and industrial medicine clinic in Bakers(eld, California. 11102 —12106 Owner of Bakersfield Emergency Medical Corporation which was contracted with Catholic Healthcare West to provide emergency department physicians to Bakersfield Memorial Hospital 1 999 —1 0102 General Partner — Central Valley Emergency Medical Group which was contracted with Catholic Healthcare West to provide emergency department physicians to Bakersfield Memorial Hospital and Mercy Hospital Bakersfield in Bakersfield, California and Mercy Westside Hospital in Taft, California. 1985 — Present Owner of Vinaka L.L.P. — Billing company specializing in emergency department physician billing. 1985-1999 Contracted with Bakersfield Memorial Hospital to provide emergency department physician services. 1975-1985 Senior Partner — California Emergency Physicians. VI as .a Page 2 Medical Practice: 2005 — Present Medical Director — Memorial Occupational Medicine and Memorial Urgent Care. 2005— 2007 Vice Chief of Medicine — Bakersfield Memorial Hospital, Bakersfield, California. 1999 —10/02 Emergency Department Physician and Director — Mercy id'estside Hospital, Taft, California. 1999-10102 Emergency Department Physician, Mercy Hospital, Bakersfield. 1974 — Present Emergency Department Physician and Director — Bakersfield Memorial Hospital, Bakersfield, California. 1974-1977 Emergency Department Physician — Westlake Community hospital, Westlake Village, California. Certification: 2014 Re- certification -Medical Review Officer 2010 Re- certification — American Board of Emergency Medicine 1998-2015 State of California Qualified Medical Evaluator (QME #915737) 1994 — Present American Association of Medical Review Officers 2010 Re- certification — American Board of Emergency Medicine 1983 — Present Fellow of the American College of Emergency Medicine 1982 American Board of Emergency Medicine 1979-1986 American Heart Association Certified Instructor in Advanced Cardiac Life Support 1973 National Board of Medical Examiners 2013 — Present National Registry of Certified Medical Examiners( 45 7863044 79) Associations: 1994-2014 American College of Occupational and Environmental Medicine 1980-2010 California Medical Association 1980-2010 Kern County Medical Society 1975 — Present American College of Emergency Physicians 09120117 CC AGENDA PACKET PG 373 The Medical Board of Cal'dornie �Ca 2005 Evergreen Street Sure 1200 S8cmmento,CA9581� PHYMAN AND SURGEON CERTIFICATE NO. A97759 EXPIRATION 06302018 VIROINIA ALWDREz 208 PIERCE ST TAFT CA 93268 ORIGINAL ISSUANCE DATE RECEIPT NO. 0612312004 100055791 09120117 CC AGENDA PACKET FIG 374 Virginia Afvidrez M.D. 209 Pierce St. Taft, CA 93268 Tel: (661) 763 -3630 CURRICULUM VITAE OBJECTIVE I would like to obtain a per diem/independent contractor position as an Urgent Care Physician in a solid, well rounded and comprehensive medical facility. I am willing to work morning or evening shifts during the week and /or weekends and will cover for other providers on vacation or sick leave. I am also willing to assist in any local community health services affiliated with the hospital. I have over four years experience working in fast paced, high volume Urgent Care Clinics. I am highly skilled in acute and critical healthcare, minor surgical procedures and family medicine. I am experienced in full office management and proper coding and documentation. I would greatly appreciate the opportunity and privilege to join your staff at the Memorial Hospital Urgent Care. EDUCATION . UMC Fresno/University of California School of Medicine San Francisco — 2002 -2004. Family Practice Residency Program — R2 & R3. Graduation: 9/7/04. Diploma: Physician & Surgeon — Family Practice. . Scott & White Hospital/Fort Hood Army Base Affiliation: Texas A &M University — 2001-2002. Family Practice Residency Program Internship. • Ross University Medical School of Medicine — 1996 -2000. Graduation 12/2000. Degree: Medical Doctor. Basic Sciences completed in Dominica, British West Indies. All Clinical Rotations completed at Kern Medical Center in Bakersfield California • New College of California — 1995 -1996. Undergraduate Studies. • California State University of Bakersfield —1984 -1986. Degree: Bachelors of Arts Degree (BA). Elementary and Middle School Education. Taft Community College —1982 -1984. Degree: Liberal Arts (AA) EMPLOYMENT • Vernon C. Sorenson MD, Inc dba: Memorial Occupational Medicine/Memorial Urgent Care, Bakersfield California — 5/09 — present. Medical Care Provider in a high volume Occupational Medicine/Urgent Care Facility. Westside Urgent Care, Taft California— 5/08 — 1/09. Medical Care Provider for a rural Urgent Care Facility. Independent Contractor. Reason for leaving: Medical Illness- Position Refilled. Status of health: Full Recovery. Medical Director: Steve Washington MD /Office Manager Donna Warwick. Tel: (661)765 -1935. Everyday Health Care, Fresno California 2/07 -4/08. Urgent Care Provider in a high volume medical facility. Subcontractor. Reason for leaving: Relocation to Taft. Medical Director Challa Reddy M.D. Peachwood Medical Group and Urgent Care Fresno CA— 8/19/04 - 9/3/07. Independent Contractor. Reason for leaving: Excessive Provider Coverage. Director: Dr Copland. Urgent Care Director: Margaret Smith MD. Tel: (559)324 -6201. University Medical Center, Fresno,CA — 2002 -2004. Family Practice Residency. Skilled in obstetrics, pediatrics, adult and geriatric health care. Director: John Zwiefler MD. Tel: (559)459 -5707. • Scott & White Hospital, Temple Texas — 2001 -2002. Family Practice Residency Internship. Director: John Manning. Tel: (254) 724 -2242. National Health Services Inc. 1991 -1994. Health Educator. Provided patient education in collaboration with Bakersfield County Health Department on anti - tobacco coalition task force, family planning, prenatal healthcare counseling and became a certified HIV /AIDS counselor. Coordinated and promoted immunization clinics, diabetic, cholesterol and women's breast screenings, STD awareness lectures and Lamaze classes throughout the central California rural communities. Worked in conjunction with Kern County's Health Task Forces in writing and procuring grants for immigrant farm workers in the San Joaquin Valley. Director Wiggis Michaels. Tel: (661) 764 -5211. Reason for leaving. Attend Medical School. Bakersfield City School District —1988 -1993. Long and short term substitute school teacher. AWARDS /ACHIEVEMENTS /CERTIFICATIONS California Medical Board — Licensed — Current. Expiration 04/16 DEA — Registration Current. Expiration 06/2016 USMLE : I,II, III — passed ECFMG — Certified/Permanent BCLS & ACLS — certified NRCME - #3996682250 Education Acknowledgement — KMC Hospital Medical Student Assessment Ranked Stn in class Immigrant Farm Workers Grant HIV /AIDS — Co- authored and assisted in procuring a grant for $12,000 to coordinate a Health Fair for Immigrant Farm Workers with an educational emphasis on HIV /AIDS awareness. Received support from the Cdsar Chavez family. Over 800 farm workers W1 as .a attended the fair. Received exemplarily recognition from National Health Services Inc. for the success of this fair. CBEST (California Board Education State Test)- passed Urgent Care Certification — Pending SKILLS Fluent in both English and Spanish. Extremely dedicated, conscientious and hardworking. Capable of completing tasks efficiently and accurately. Highly motivated team player who gets along with superiors and co- workers. Mature, professional with excellent work ethics and great communication skills. PROCEDURES Proficient in minor surgery cases, laceration repairs, splinting fractures, OB deliveries and Code team. VOLUNTEER EXPERIENCE Rural Community Health Fairs & Indian Association of San Joaquin Valley Health Fair Lecturer on various health awareness issues with Chambers of Commerce in Taft, Buttonwillow and McFarland. Woman's Health Center — Breast Examination Screening Cholesterol Screening at KMC for employees and the general public. Kern Medical Center's OB /GYN Research Project of Urinary Incontinence following Birch Procedures PERSONAL Enjoy reading, needlepoint and spending time with my family. .l........'....'. The Physician Assistant Committee E3 2005 Evergreen Street, Suite I 100 Sacramento, CA 95615 VAVW.PaC C8.90V MYSICIANASSIST'UNT 11-ATIFWAITNO PA19517 I-XPIRATION' 14131-120111 MANUEL VALUO.Z GARCIA 560 BUTTE C7 sm-tyuk CA 93263 ORIGINAL !S`'UAN(T. DAT4 iu-.t I; IF, 11.129(2007 274)(914M Ml VjjWL A M ,M[ Manuel V. Garcia 560 Butte Ct Shafter, CA. 93263 323 - 842 -3643 E -mail: mvgar6a2007(tgmail.com Objective To obtain a clinical position in (irgent we as a Physician Assistant Education California State University Long Beach 2001 -04 Long Beach, CA Major. Bachelor of Science, Health Care Administration Graduates Minor: Chemistry Charles R. Drew University, Phlebotomy Tech #1 Certification Los Angeles, CA Western University of Health Sciences 2005 -07 Pomona, CA Graduate School: Masters In Physiciml Assistant Studies MSPAS Licensed /Certified to practice as a PA by the Academy of Physician Assistants Committee Work Experience 2007- Current Clinica Sierra Vista McFarland /Delano Community Health Center Certified Physician Assistant Provide primary and chronic healthcare services to primarily Spanish speaking indigent populations such as assessments, diagnosis, and management for infant, pediatric, adult, and geriatric populations. 2001-2005 The Limited Inc. Express Sherman Oaks, CA Sales Associate /('ash Wrap Desk coordinator Responsible for increasing sales volume and enhancing customer satisfaction. 2001 -2002 Excel Communications Los Angeles, CA Managing Representative Responsible for significantly increasing sales volume of telecommunications service. 2000 -2001 California State Los Angeles Los Angeles, CA Application Analyst Worked in Admissions/Records Department educating students on the enrollment process 1998 -1999 Sacramento City Unified School District Sacramento, CA Bi- lingual Instructional Aide j Tutored bilingual students on various subjects and provided interpretation for students _ parents and faculty. Community Service ! Primary Organizer of First Annual Cinco de Mayo Parade in Ripon, CA. Organized voter registration drive to vote on ballot initiative Organized high school outreach conference at California State University Sacramento Outreached to high school students at California State University Long Beach Active in the preservation and promotion for higher education through coalitions Performed glucose and cholesterol testing at High School Outreach Health Fair Adult Education Officer for Pomona Community Health Action Team (PCHAT) Conference Coordinator of the Latino Mental Health Summitsponsored by (NCLR) Accreditations Language Proficiency Certificate in Spanish from Sacramento City Unified School District Awards/Activities ( Placed 6th in the State of California in Intercollegiate Wrestling Scholar, Latino Health Professionals Project (LHPP) Scholar, College Assistant Migrant Program (CAMP) Scholar, National Health Service Corps (NHSC) Recipient, 2003 SCAN scholarship Recipient, Lion Club scholarship Administrative Internship, St Jude Medical Center 2004 Member of the Health Care Administration Student Forum at CSULR Member of Chicanos For Creative Medicine (CCM) at CSUI..A Dean Honor list: Spring 98, Winter 2000, Spring 03, Spring 04 W1 aa .� Languages I Oral and written fluency in Spanish Clinical Training September October General Surgery 2006 Arrowhead Regional Medical Center Training in wound care and suturing techniques. Assisted in general surgical procedures in the OR. Gained experience in Pre opt, post opt care/note. October November Community Health 2006 ! Share Our Selves Clinic Provided primary and chronic healthcare services to Spanish speaking indigent populations Minor procedures performed were pelvic exams pap smears, I & Ds, and anoscopies. November December Obstetrics and .Gynecology 2006 Riverside County Regional Medical Center Serving the gynecological and obstetric indigent population Provided, well woman exams, prenatal and post natal care, and patient education Minor procedures performed were pelvic exams, pap smears, breast exams, fetal heart monitoring and fundai height measurements February March : Family Practice 2007 Western University Medical Center in Pomona Provided primary and chronic healthcare services to primarily Spanish speaking indigent populations but also to geriatric and pediatric populations. Made assessments diagnosis, and plans of management i for these populations March April Orthopedics 2007 Arrowhead Regional Medical Center -Dept of Orthopedics Assisted in surgical procedures in the OR. Performed casting, splinting, joint injections, and displacement reductions in the ER. Worked in the orthopedic clinic, managing patients with acute or chronic fractures or dislocations. Other duties involved preoperative assessment, east removal, wound I changes, staple removal and placement, and interpretation of X- rays. April May Internal Medicine 2007 Garey La Vern Medical and Dental clinic, Dr. Bao Tmn MD. Provided primary and chronic healthcare services for patients with multiple comorbidities. Gained experience assessing diagnosing and treating psychiatric, geriatric, and mentally challenged patients in nursing homes. Performed IM injections, rectal exams. and breast exams. May June 2007 Cardiology 1902 Royalty Dr. Pomona, CA 91767 Provided cardiac chronic healthcare services for patients with multiple comorbidities such as COPD, CHF and Angina. Performed ECGs and Stress testing. Gained experience diagnosing, treating and managing the care of patients with coronary artery disease. Witnessed cardiac catheterization procedures in the Cardiac Cath Lab. June July 2007 Emergency Medicine Coast Plaza Doctors Hospital Provided emergency medical services for multiple patients simultaneously. Assisted in the ' resuscitation of two full arrest patients. Performed procedures such as iV placement, venipuncture, i.M injections, incision and drainage of abscesses, suturing of wounds and nasal gastric tube placement. i July September 2007 i 3 Months of Preceptor -ship i Clinica Sierra Vista McFarland Community Clinic Provided primary and chronic healthcare services to primarily Spanish speaking indigent populations. Assessments, diagnosis, and plans of management were carried out for infant, pediatric, adult, and geriatric populations: Minor procedures performed were pelvic exams, pap smears, I & Ds, and wound suturing. Yearly physical exams were conducted for pediatric, adult, and geriatric populations. December 2007- Current i Current Professional Occupation Clinica Sierra Vista McFarland/Delano Community Health Center Provide primary and chronic healthcare services to primarily Spanish speaking indigent populations such as assessments, diagnosis, and management for infant, pediatric, adult, and geriatric populations Minor procedures performed are pelvic exams, pap smears, I & Ds, and wound suturing. Yearly 1 physical exams are conducted for pediatric._ adult, and geriatri;- populations. i Professional California Association of Physician Assistants (CAPA) Affiliations 1 American Academy of Physician Assistants (AAPA) Physician Assistant 8138rd j==Zq 2005, Evergreen Street, Suite, 1100 SBcramento. CA 95815 ..... . 3jVjvq.PUc.c3.gov PHYSICIAN AS-SUSTAN'r LICENSBNO. 21727 1;\11110:170N 12131I2016 ALAN W BANKHBAD 6424 GYPSY ROSF(f IIAXLIM s, CA 93308 ORIGINAL Rl"CIMITNO. ISSlvNcFDA'fE 431801216 07129/2011 E ALAN BANKHE.AD 6424 Gypsy Rose Court Bakersfield CA 93308 (661) 248 -9714 alan.bankhead @gmail.com EDUCATION UNIVERSITY OF IOWA CARVER COLLEGE OF MEDICINE Iowa City, IA Master of Physician Assistant Studies June 2011 PANCE exam certified June 25, 2011 Rotations in.family medicine, emergency medicine, orthopedics, internal medicine, pediatrics, psychiatry, dermatology, general surgery. BRIGHAM YOUNG UNIVERSITY B.S. Psychology EXPERIENCE Provo, UT April 2009 EMPLOYMENT CLINICA SIERRA VISTA Bakersfield, CA Physician Assistant - Certified — Family Practice August 2011- Present • Diagnosis and management of acute and chronic disease, infectious illness, dermatologic and orthopedic ailments, women's health, and health maintenance for patients of all ages. UTAH VALLEY PHYSICAL THERAPY Provo, UT Physical Therapy Aide August 2007 - December 2008 • Provided inpatient physical therapy services including gait training, passive range of motion, and strengthening exercises in a hospital setting. AMERICAN FORK PHYSICAL THERAPY American Fork, UT Physical Therapy Aide January 2007 - August 2007 • Provided outpatient physical therapy services including ultrasound, electrical stimulation, massage, and exercise training. VOLUNTEER EXPERIENCE REX MONTGOMERY PHYSICIAN ASSISTANT STUDENT SOCIETY Iowa City, IA Vice President June 2009 -June 2011 C Organized and participated in community service, fundraising, and PA advocacy activities. UTAH STATE MENTAL HOSPITAL Provo, UT Mentor January 2008- December 2008 • Weekly mentoring of young men ages 12 -17 who suffer from mental illnesses. • Organized and attended sporting events, Boy Scout activities, dances, and field trips. PERSONAL INTERESTS I am an avid sports fan and also love skiing, snowboarding, water sports, and triathlon. I have a wife and two sons with whom I enjoy doing most anything. REFERENCES AVAILABLE UPON REQUEST a a +► a +► JULIE C. GENTRY 12715 Lanai Ave Cell: 661- 364 -9018 jujubee68@sbcglobal.net PROFESSIONAL SUMMARY Sixteen years of nursing experience that includes primary care in hospital, home health and case management setting. Advanced Registered Nurse Practitioner with 5 years' experience in diagnosis, treatment, prescription and follow -up with patients from pediatrics, OB /Gyn to geriatrics. Maintain strong reputation for achieving high levels of patient satisfaction. LICENSES Registered Nurse (MSN) 525819 exp 9/2016 Basic Life Support (BLS) Certification exp 8/2016 Advanced Cardiac Life Support (ACLS) exp 8/2016 Pediatric Advanced Life Support (PALS) exp 5/2017 Family Nurse Practitioner in the State of CA, 11945 exp. 9/2016 NPI# 1639587579 DEA#.MG3244566 exp 8/11/2017 SKILL HIGHLIGHTS * Health and wellness expertise Medication administration expert Skilled in conducting physical examinations -o Skilled cardiac care nurse Geriatric treatment knowledge Broad medical terminology knowledge • Culturally sensitive • Strong medical ethic • Computerized charting specialist • Enthusiastic caregiver • Diabetes, Hospice • Familiarity with disease management programs and Stroke Patient Care • Wound cleaning/care expertise • N drug therapy management • Colostomy care • ER/ACLS experience PROFESSIONAL EXPERIENCE MEE MEMORIAL CLINICIURGENT CARE King City, CA Family Nurse Practitioner. 8/2014 to 7/2015. Manage acute and chronic medical conditions (both physical and mental) through comprehensive histry taking, physical exam, and the ordering of diagnostic tests and medical treatments. As well as diagnose medical problems, order treatments, prescribe medications, and make referrals for a wide range of acute and chronic medical conditions in an urgent care setting ALERE HEALTH Bakersfield, CA Case Manager 05/2011 to 08/2014 Provide necessary health education training for patients. Support patients with customized patient teaching tools. Assist patients with multiple chronic diagnoses including COPD, diabetes and asthma. Responsible for primary care, case management and medication management of Catastrophic cases that include brain and spinal cord injury. BAKERSFIELD COLLEGE Bakersfield, CA Clinical Educator 08/2008 to 05/2011 Provided classroom education for student nurses in all areas of nursing regarding diagnosis, treatment and patient care. Trained and supervised student nurses in all tasks with a patient - centered focus while assisting them in seeking opportunities for improvement of knowledge, processes and treatments. WAVArAL4MA �a .a .......................... ................. ....... .. . REFERENCES----_-.................... ............................... Larry Yokoyama MD /Supervising Physician 16 years known 661- 326- 8989/661- 619 -5445 cell Jann Truitt RN /Supervisor ( Mercy Home Health) 14 years known 661- 632 - 5000/661 -204 -7005 Hilda Alejandre MD /Supervising Physician Mee Memorial Hospital 646- 345 -6394 Camille Sana ?Clinic Director Mee Memorial Hospital 831- 385 -7100 Physician assistant Board 2005 Evc, "gi,.en Street, Suite 110D Sec, r@n)efjto, CA 95815 vjww par-ra 90IJ T 07/312017 j,-,CjZNSF'No ARLIADA FAYV : P-1) (085 FIlc,.XLYII,l 11%; ROAD 1,4k,,o RoBI,FI_ c 93446 ORIGIN AL RFcElpl' NO. jSS1 ' 1ANCE, MV! i'- 100006017 12rZ22O05 Page 1 of S ARLEADA F. ROBERTSON., PA 09/26/15 OBJECTIVE As a Physician Assistant, I am interested in progressive and chal7eng -ing employment in the patient healthcare environment. I desire to utilize every aspect of my life and work experience, along with my advance education. These experiences will assistgready to meet my personalgoals fot professional advancement, increased knowledge, exposure to new emerging treatments, and enhanced patient care capabilities. I believe in Providing the community with the highest professional services and care. I seek an organization that is oriented towards patient care, with longevity and retention ofquality healthcare providers. BRILLS SUMMARY Clinical Shills: ■ 'lU dears experience in Urgent care, Wall, in clinic., and I amtly Practice medicine. Ernconnpassing all facets of carve frorn minor surgical procedures, Orthopedic and Cardiac Emergencies.: \long with managitng chronic illness, new diagnosis, ordering diagnostic iesting and interpretation of such test's. Requesting referral for specialist consult and preventative healthcare•, ■ 20 + years clinical experience with all facets of cardlo"ascular cuncr•gencies; including cardioversiorn, defibrillation, external pacing, au�var innrbatiort, IV medication administration during; full codes, 3 leas] & 1? Icad .E(-(, interpretation and intervention. Efficient diaglx)'sls Pild field treatment of cardiovascular disease processes. • Orthopedic neurovascular assessnnent and intery nti m including splirntirng;, immobilization and reduction with vascular compromise when indicated. • Competent A4anagemernt of Patients at the Physician :lssistant Lcvcl with a High I level of Patient & superxising Physician Satisfaction • Iffective Communicadons with Patients and other Healthcare Pers'otnnel ■ Effective NLznagement of Siressftil and Emcr'g;ent Situations, including Extreme Patient pruergencies ■ Efficient Management of Workload & Schedule ■ Effective Supervision of Personnel ■ F,fficient and Cost Effective l_tse of I lealthcare Resources ■ Effective Management of Minor Office Sugt"Cal Procedures including: ■ .Srrturirrg ■ Incision and Drainage ■ 1) 41al Block.,r ■ Cautery ■ Ext.ision • Crgo Procedures • Shave Biopg • EHR/EMR NexlGen and Do.Tap ARLEADA F. ROBERTSON o E -NAIL ARLEADARC YAHOO. Com 6085 EUCALYPTUS RD. PASO ROBLES, CA, 93446 CELL (661) 706 -8915 I• I a ,rlt a +► a _■ � Pagc2of8 Diverse Clinical Skills Practice during UCDasds FNP /I -A Program. s 1350 Hours of Clinical Practice (2 years hands on) ; including the Following: ■ A total of 582 Hours of Traci;•.+ in an Under- Served, Falm Worker Population 0 90.Hoerr of Skilled NInisrn,, I'acihlr Experience m Minimum of 80 Hours of Acute Care Hospital Emergency Department Experience at Kern Medical Center ® 959 Hours of Acute Care Hospital In- Aatient Experience at University 1l edie al Center Fnsno Medicine D Unit ® 130 Hours of 7iturrna Suroi,•rrl /Medical Experience at Kern .19e(k:al Center (24 hour call "I rrru,»a Surgery) F- meraerrc,},_Medicine Skills: • Adult & Pediatric Advanced Cardiac Life Support • Oral & Nasal Adult & Pediatric Endotracheal Intubation • Intraosseous Infusion • Peripheral IV Establishment, including External jugular • Administration of IV Bolus, W Drip, IM, SQ, and SL, Emergency Medications • Thoracic Decompression • Cricothyrotomy • Critical Care Intervention and Interfacility Transfer of Critical Care Patients ACADEMICS/ LICENSES 0710112003 to 0912612005 UCDavis F7VP/PfI Program Sacramento, CA Completed Family Nurse Practitioner /Physician Assistant Program - Year 2003/2005. 1998- 2002 Bakersfield Community Collet e Bakersfield, CA Coursework toward completion of an AS in Human Biology (1 chemistry course left for degree.) 1989 - 2002 Cerro Coso College Lake Isabella, CA AA Degree May 31, 2002 2000-2001 Critical Incident Stress Management Bakersfield, C4 Completed Level I & Level II Critical Incident Stress Management Training Program 1991 -1992 Kern County Paramedic Training Program Baker4kld, C4 Completed Paramedic Training, Kern County Paramedic Certified. 1989 Cerro Coso EMT -1 Training Program Lake Isabella, CA Completed Emergency Medical Technician -1 Training and became Kern County EMT -1 Certified California State Physician Assistant License # PA18251 07/31/2017 DEA # MR1368667 04/30/2018 NPI # 1275595563 NCRME # 4632487374 05/05/2025 NCCPA # 1068679 (Not renewed), but Board Eligible BLS Certified 04/28/2015 — 04/2017 Paramedic State of California Licensed # P04737 until 04/30/2007 ARLEADA F. ROBERTSON e E -MAIL ARLEADAR(n' YAHOO. COM 6085 EUCALYPTUS RD. PASO ROBLES, CA. 93446 -CELL (661) 706 -8915 Pagc 3 of 8 EMPLOYMENT HISTORY 0611.512015 to 911812015 Marysville Immediate Care Vista Staffing Solutions Locums Marysville, CA 275 East 200 South Salt Lake City, UT 84111 PA Provide medical care in an Urgent care, and walk in patient facility. Manage Pediatrics, Adult, Geriatric, Women's Health. Performed evaluation's on new patients to include: obtaining basic medical information and history, reviewing patient's medical record, performing physical exam. Evaluation and management of patient's status for chronic or new onset conditions. Orders and reviews appropriate, laboratory and x -ray studies; assists with technical management of patients. Schedules appropriate follow up of medications and effectiveness of chronic conditions. Including vital signs, labs, and appropriate diagnostic studies if indicated. Minor surgical procedures to include I & D, Suturing, Cryotherapy, Caughtery, Punch /Shave Biopsy. Referral to appropriate specialized services as indicated. 0710112013 to Current MedPost Urgent Care Tenet Health Per Diem 500 First Street Paso Robles, CA 93446 PA Provide medical care in an Urgent care, Occupational Medicine and walk in patient facility. Manage Pediatrics, Adult, Geriatric, Women's Health. Performed evaluation's on new patients to include: obtaining basic medical information and history, reviewing patient's medical record, performing physical exam. Evaluation and management of patient's status for chronic or new onset conditions. Orders and reviews appropriate, laboratory and x -ray studies; assists with technical management of patients. Schedules appropriate follow up of medications and effectiveness of chronic conditions. Including vital signs, labs, and appropriate diagnostic studies if indicated. Minor surgical procedures to include I & D, Sterile surgical excisions, Suturing, Cryotherapy, Caughtery, Punch /Shave Biopsy. Referral to appropriate specialized services as indicated. ARLEADA F. ROBERTSON o E -MAIL ARLEADAR@ YAHOO. COM 6085 EUCALYPTUS RD. PASO ROBLES, CA. 93446 -CELL (661) 706 -8915 page 4of8 0 611312 0 11 to 0710112013 MED +S7' ®P URGENT CARE Brian Roberts, M.D. (Sold to Tenet Health) 283 Madonna Rd. Ste. B, San Luis Obispo, CA PA Provide medical care in an Urgent care, Occupational Medicine and walk in patient facility. Manage Pediatrics, Adult, Geriatric, Women's Health. Performed evaluation's on new patients to include: obtaining basic medical information and history, revie-,ving patient's medical record, performing physical exam. Evaluation and management of patient's status for chronic or new onset conditions. Orders and reviews appropriate, laboratory and x -ray studies; assists with technical management of patients. Schedules appropriate follow up of medications and effectiveness of chronic conditions. Including vital signs, labs, and appropriate diagnostic studies if indicated. Minor surgical procedures to include I & D, Sterile surgical excisions, Suturing, Cryotherapy, Caughtery, Punch /Shave Biopsy. Referral to appropriate specialized services as indicated. 11/11/2011 to 111412012 Lags Spine and Sportscare Francis P Lagattuta, M.D. Physical Medicine & Rehabilitation 135 Carmen Lane Santa Maria, CA PA Performed evaluation's on new patients to include: obtaining basic medical information and history, reviewing patient's medical record, performing physical exam. Evaluation and management of patient's status for chronic or new onset conditions. Orders and reviews appropriate, laboratory and x -ray studies, assists with technical management of patients. Schedules appropriate follow up of medications and effectiveness of chronic conditions. Including vital signs, labs, and appropriate diagnostic studies if indicated. Referral to appropriate specialized services as indicated. 0412912009 to 0510512011 Paso Robles Urgent Care Charles Moran, M.D. 1763 Ramada Dr., Paso Robles CA. PA Provide medical care in an Urgent care and walk in patient facility. Manage Pediatrics, Adult, Geriatric, Women's Health, Occupational Medicine, and Preventative Care. ARLEADA F. ROBERTSON • E -MAIL ARLEADAR(n.) YAHOO. COM 6085 EUCALYPTUS RD. PASO ROBLES, CA. 93446 CELL (661) 706 -8915 Page 5 of 8 Performed evaluation's on new patients to include: obtaining basic medical information and history, reviewing patient's medical record, performing physical exam. Evaluation and management of patient's status for chronic or new onset conditions. Orders and reviews appropriate, laboratory and x -ray studies; assists with technical management of patients. Schedules appropriate follow up of medications and effectiveness of chronic conditions. Including vital signs, labs, and appropriate diagnostic studies if indicated. Minor surgical procedures to include I & D, Sterile surgical excisions, Suturing, Cryotherapy, Caughtery, Punch /Shave Biopsy. Referral to appropriate specialized services as indicated. 0410612009 to 0812112009 Coastal Wellness Medical Group, Warren Wisnoff, D. ®. 292 Posada Lane ,Ste. A, Templeton, CA. 93465 PA Provide medical care in a Family Practice environment. Urgent care and walk in patients. Manage Pediatrics, Adult, Geriatric, Women's Health, and Preventative Care. Performed evaluation's on new patients to include: obtaining basic medical information and history, reviewing patient's medical record, performing physical exam. Evaluation and management of patient's status for chronic or new onset conditions. Orders and reviews appropriate, laboratory and x -ray studies; assists with technical management of patients. Schedules appropriate follow up of medications and effectiveness of chronic conditions. Including vital signs, labs, and appropriate diagnostic studies if indicated. Referral to appropriate specialized services as indicated. 07121108 to 0110812009 Harris Medical Associates, LLC Locums Ten ens At Livmgaston Medical Group. Bethany Blacketer, M D. Suwanee, GA Karen Romero, M.D. PA Provide medical care in a Family Practice environment. Urgent care and walk in patients. Manage Pediatrics, Adult, Geriatric, Women's Health, and Preventative Care. Performed evaluation's on new patients to include: obtaining basic medical information and history, reviewing patient's medical record, performing physical exam. Evaluation and management of patient's status for chronic or new ARLEADA F. ROBERTSON - E -MAIL ARLEADARi�YAHOO.COM 6085 EUCALYPTUS RD. PASO ROBLES, CA. 93446 -CELL (661) 706 -8915 Page 6 of 8 onset conditions. Orders and reviews appropriate, laboratory and x -ray studies; assists with technical management of patients. Schedules appropriate follow up of medications and effectiveness of chronic conditions. Including vital signs, labs, and appropriate diagnostic studies if indicated. Minor surgical procedures to include I & D, Sterile surgical excisions, Suturing, Cryotherapy, Caughtery, Punch /Shave Biopsy. Patient documentation for consent of procedures and charting Referral to any specialized care as indicated. 02105107 to 0.510.17108 NorthwestMedlcal Clinic Bradley Davis, D. ®. Stephen Newbrough, M.D. 3400 Calloway Dr. Bdlg. 400, Bakersfield, CA 93312 PA -C Provide medical care in a Family Practice environment. Urgent care and walk in patients. Manage Pediatrics, Adult, Geriatric, Women's Health, and Preventative Care. Performed evaluation's on new patients to include: obtaining basic medical information and history, reviewing patient's medical record, performing physical exam. Evaluation and management of patient's status for chronic or new onset conditions. Orders and reviews appropriate, laboratory and x -ray studies; assists with technical management of patients. Schedules appropriate follow up of medications and effectiveness of chronic conditions. Including vital signs, labs, and appropriate diagnostic studies if indicated. Minor surgical procedures to include I & D, Sterile surgical excisions, Suturing, Cryotherapy, Caughtery, Punch /Shave Biopsy, Joint Injections. Patient documentation for consent of procedures and charting Referral to any specialized care as indicated. 0111612006 to 0112.1712007 Chris Fadeff, M.D. 8501 Camino Media Ste. 100 Bakersfield, CA 93311 PA -C Performed evaluation's on new patients to include: obtaining basic medical information and history, reviewing patient's medical record, perfornng physical exam. Evaluation and management of patient's status for chronic or new onset conditions. ARLEADA F. ROBERTSON ^ E -MAIL ARLEADAR@YAHOO.COM 6085 EUCALYPTUS RD. PASO ROBLES, CA. 93446 -CELL (661) 706 -8915 Page i of 8 Orders and reviews appropriate, laboratory and x -ray studies; assists with technical management of patients. Schedules appropriate follow up of medications and effectiveness of chronic conditions. Including vital signs, labs, and appropriate diagnostic studies if indicated. Provide medical care in a Family Practice environment. Manage Pediatrics, Adult, Geriatric, Women's Health, and Preventative Care. Minor surgical procedures to include I & D, Sterile surgical excisions, Suturing, Cryotherapy, Caughtery, Punch /Shave Biopsy. Patient documentation for consent of procedures and charting Referral to any specialized care as indicated. 0010112002 to 0011212003 Med -mart PPSC' Bakersfield, CA Reimbursement Supervisor — Compounding Pharmacy Supervision of Reimbursement billing of Medicare, Medi -Cal, Private and Managed care sources Supervision of Insurance Verification Staff Managed Support Team Staff Managed Staff Schedules & Personnel Issues Managed Interview Process, Application Verification & Hiring of Staff Managed Employee Performance Reports & Employee Problem Resolution Generated Monthly and Weekly Computer Past Due Reports Interaction with 96 Customer Service Centers in 11 Western States 0212111992 to 0010112001 CAPE Ambulance Lake Isabella, CA Paramedic, Field Paramedic Supervisor ■ Provided Advanced Life Support Patient Care in the Prehospital Environment and during Critical Care Patient Transfer in a Rural Healthcare Setting ■ Kern County Paramedic Training Program, field preceptor ■ Managed Continuous Quality Improvement, Continuing Education & Advancement in Scope of Practice for the Service Evaluated and Monitored Prehospital Patient Care Data Reports and Service Performance in Accordance with County Standards ■ Managed EMT -1 & Paramedic Personnel 0 Managed Payroll and Scheduling * Managed Supply Procurement ■ Reimbursement billing of Medicare, Medi -Cal, Private and ARLEADA F. ROBERTSON • E -MAIL ARLEADAR @ YAHOO. COM 6085 EUCALYPTUS RD. PASO ROBLES, CA. 93446 CELL (661) 706 -8915 Page 8 of S Managed care sources • Provided Area EMS System Needs Feedback to the County EMS Agency ■ Initiated a Progressive Model for Schools to Determine when EMS is Needed ■ Provided Community Service Promotion of CPR & First Aid REFERENCES Letters Provided Upon Request ARLEADA F. ROBERTSON - E -MAIL ARLEADAR @ YAHOO. COM 6085 EUCALYPTUS RD. PASO ROBLES, CA. 93446 -CELL (661) 706 -8915 SECTION VI - INSURANCE The City of Bakersfield's RFP outlines the insurance requirements for providing services under the RFP. Memorial Occupational Medicine already carries malpractice insurance in the amount of $1,000,000./$3,000,000 and General liability insurance in the amount of $4,000,000 which we believe meets the current requirements. Memorial Occupational Medicine will obtain any other insurance with the appropriate coverage limits an A -VII or better to fulfill the requirements of the RFP and will be able to provide appropriate certificates of insurance. DATE(MMIDD7 AC -ORD. CERTIFICATE OF LIABILITY INSURANCE 8/8/2077 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R.W.Morit Omer Insurance S9rV]Ce9 { ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Y I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR i 5500 Ming Ave, Suite #220 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bakersfield, CA 93309 (661) 832 -9311 _ INSURERS AFFORDING COVERAGE _ NAIC# INSURED VERNON C. SORENSON , M.D., INSURER A: AMCO INSURANCE COMPANY 19100 MEMORIAL OCCUPATIONAL MEDICINE AND INSURER B: MEMORIAL URGENT CARE -INSURER C: 3838 SAN DIMAS STREET, SUTIE B100 INSURER D; BAKE FED 93301 -2285 INSURER E: rnvennr_ce THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN d" OD '� POLICY EFFFECTIVE POLICYE PIRATION LTR NGRD YP F 5 AN'F POLICY NUMBER DATE ':ADNY O+YrE M DDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2 OOOLOOO i X COMMFI2C IAL GFIJERAL LIABILITY 6AM•AGETn RENTED- - - -_ - PREMISES Ga orrulenco $ 300 000 CLAIMSMAUE ® OCCUR _ $ 5,0001 MEDFXW (Any one person) - A - ACP 7893184193 01/12/17 01/12/18 $ 21000,000 PERSONAL$ADVINJURY GENERAL AGGREGATE $ 4,00 '000 s GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG $ 4 , 000 f 000 POLICY PRO- JE T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ INCLUDED ANYAUTO (Ea ecoldont) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) A g HIRED AUTOS ACP 7893184193 ! 01/12/17 01/12/18 BODILY INJURY $ X NON•OWNEOAUTOS (Peraccldent) PROPERTY DAMAGE $ (Peracoldent) GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ ANYAUTO - — EAACC $ �J OTHER7HAN AUTOONLY: AGG $ EXC�ESSIUMBRELLALIABILITY EACH OCCURRENCE $ 3,000,000 F+ OCCUR CLAIMS MADE I AGGREGATE $ 3 r 000 000 ACP 7893184193 01/12/17 01/12/18 - �$ $ A DEDUCTIBLE - $ RETENTION $ WORKERSCOMPENSATIONAND E R- rQRYLIMITS_ I ER EMPLOYERS'LIARILITY __ E.L. EACH ACCIDENT ANY PROPRIETOWPARTNEWMCU71VE __ _ E.L. DISEASE - EA EMPLOYEL OFFICERIMEMBER EXCLUDED? $ Iryyes doscribaunder ---- - - - - -- SPE�IRL PROVISIONS below EA. DISEASE -POLICY LIMIT $ OTHER BUSINESS A PERSONAL PROPERTY ACP 7893184193 01/12/17 01/12/18 $900,400/$1,000 DED DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS COUNTY, AND THE COUNTY'S BOARD MEMBERS, OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES AS ADDITIONAL INSURED TO GENERAL LIABILITY RISING OUT OF THIS AGREEMENT AND FOR ANY QUESTIONS RELATED THERE TO. CITY OF BAKERSFIELD 1600 TRUXTUN AVENUE BAKERSFIELD, CA 93301 ACORD26(2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION i ! DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT, BUT FAILURE TO 00 .90 SHALL ` IMPOSE NO OBLIGATION OR LIAOAITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I VRD CORPORATION 1988 / /17 CC A GENDA PA CKET PG 396 A6 RDA CERTIFICATE OF LIABILITY INSURANCE PATE (MMIODNYYY) 8/8/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pOltcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements). PRODUCER KIA Insurance Associates, Inc. License # 0415101 P.O. Box 11390 Bakersfield CA 93389 -1390 N NI OONT!" CT Dorothy Ferrell N (661) 035 -4542 FAX 0.(661)835 -4800 E-MAII .dferrell @kernins.com INSURERS AFFORDING COVERAGE NAIC 4 INSURER A:Technology Insurance CO. 42376 INSURED Vernon C Sorenson MD, Inc., Memorial Occupational Medicine 3838 San Dimas St. #B100 ]Bakersfield CA 93301 INSURER 0: INSURER C: EACH OCCURRENCE INSURERD: R s�E$l �RSFStt115AL INSURERS: MED EXP (Any one person) INSURER F: PERSONAL & ADV INJURY COVERAGES CFRTIFICATF_ NIIMRFRc2016 REVISION MUMRER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T ILR -------TYPE ADD U R POLICYNUMBER �WCYYF N POLICY 1fYY YP LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 0 OCCUR EACH OCCURRENCE $ R s�E$l �RSFStt115AL & MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE _ S GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- LOC PRODUCTS - COMPIOPAGG $ $ ^ AUTOMOBILE LIABILITY ANY AUTO ALL AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS EO BIIINEED SINGLE LIMIT S BODILY INJURY (Per person) S BODILY (Per BODILY INJURY Per exident S PROPERfYDAMAGE �POr a -,dorA $ $ UMBRELLA LIAR EXCESS LIA.B HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE S DED I I RETENTION$ S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory In NH) IF yE, dosvlbo under DESCRIPTION OF OPERATIONS below NIA y TWC3580560 1/2/2016 11/2/2017 v I WC STATU• OG H- - E.L. EACH ACCIDENT S 1 000 000 f E.L. DISEASE - EA EMPLOYE $ 1 000 000 E.L. DISEASE -POLICY LIMIT $ 1:000:000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORO 181, Additional Ramnrks Scheduls, If more npaco Is roqulrod) Waiver of Subrogation under work comp applies per attached endorsement. City of Bakersfield 1600 Truxtun Ave Bakersfield, CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Lynn /DOROTH e`-> ACORD 26 (2010106) 0 1988 -2040 ACORD CORPORATION. All rights reserved, INS026 (2010D5).01 The ACORD name and logo are registered "0912 1117 CC AGENDA PACKET PG 397 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 01-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records aocurately segregating the remuneration of your employees while engaged in the work describer} in the Schedule. The additional premium for this endorsement shall be 0% of the California workers' compensation premium otherwise due on such remuneration. Person. or Organization City of Bakersfield its officers, directors, supervisors, employee,9 & volunteers Schedule Job Description Specific waiver per vM ten contract This endorsement changes the policy to which It Is attached and Is effective on the data issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective I lIV2016 Policy No, TWC3500500 Endorsement No. Insured Vernon C. Sorenson MD Inc Premium $ Insurance Company Technology Insurance Company, Inc. R Countersigned by WC 04 03 06 (Ed. 01-84) 1 24953 I • I a +lra +►a • NORCAL MUTUAL! Certificate of Insurance Certificate Holder: insured's Name and Address: Vernon C. Sorenson MD, Inc. Vernon C. Sorenson MD, Inc. 3838 San Dimas Street, Suite 13100 3838 San Dimas Street, Suite B100 Bakersfield, CA 93301 Bakersfield, CA 93301 Policy Number: 707304N Effective Date: 01/01/2017 Expiration Date: 01/01/2018 Insured Type: IM Named Insured ❑ Insured ❑ Locum Tenens Coverage A Type: ❑ Shared Limits ❑x Separate Limits Specialty: organization Important: This certificate certifies that the policy shown above has been issued and includes coverage for the Insured shown for the period indicated, subject to the policy's provisions and the required payment of premium. It is not an insurance policy and is Issued for informational purposes only. It confers no rights upon the certificate holder and does not create a contract between NORCAL Mutual Insurance Company ( NORCAL Mutual) and the certificate holder, nor does it amend, extend, or alter the policy's coverage. Notwithstanding any requirement or provision of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy is subject to the provisions of the policy. The Insured is responsible for informing certificate recipients of any policy changes, including declination of issuance or cancellation before the expiration date. An Insured's failure to provide such notice imposes no obligation or liability of any kind upon NORCAL Mutual, its agents or representatives. Coverages and Limits of Coverage Provided Coverage A: Medical Professional Limits of Coverage: Liability Insurance - Claims Made Retroactive Date: 01/01/2003 $1,000,000 Each Claim limit $3,000,000 Aggregate Limit Per Policy Period Coverage B: Administrative Defense Limits of Coverage: Insurance - Claims Made Retroactive Date: 01/01/2003 $50,000 Each Administrative Proceeding or Employment - Related Civil Action Limit $100,000 Aggregate Limit Per Endorsement Period Coverage C: Information and Network Limits of Coverage: Security Insurance - Claims Made Retroactive Date: 01/01/2003 $100,000 Each Claim, Regulatory Privacy Proceeding, or Loss Limit $200,000 Aggregate Limit Per Endorsement Period By: NORCAL Mutual Insurance Company Date Issued: October 29, 2016 T. Scott Diener Kara M. Ricci President & CEO Secretary HCPCOI -001 12/01/2014 Page 1 of 1 560 DAVIS STREET, SUITE 200, SAN FRANCISCO, CA 94111 -1966 T 844ANORCAL NORCALMUTUALCOM A NORCAL MUTUAL! Certificate of Insurance Certificate Holder: Insured's Name and Address: Vernon C. Sorenson MD, Inc. Virginia Alvidrez, M.D. 3838 San Dimas Street, Suite B100 3838 San Dimas Street, Suite 8100 Bakersfield, CA 93301 Bakersfield, CA 93301 Policy Number: 707304N Effective Date: 01/01/2017 Expiration Date: 01/01/2018 Insured Type: ❑ Named Insured ® Insured 0 Locum Tenens Coverage AType: 0 Shared Limits 1Z Separate Limits Specialty: Family Medicine (Minor Surgery) Important: This certificate certifies that the policy shown above has been issued and Includes coverage forthe Insured shown for the period indicated, subject to the policy's provisions and the required payment of premium. It is not an insurance policy and is issued for informational purposes only. It confers no rights upon the certificate holder and does not create a contract between NORCAL Mutual Insurance Company ( NORCAL Mutual) and the certificate holder, nor does it amend, extend, or alter the policy's coverage. Notwithstanding any requirement or provision of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy is subject to the provisions of the policy. The Insured Is responsible for Informing certificate recipients of any policy changes, including declination of issuance or cancellation before the expiration date. An insured's failure to provide such notice imposes no obligation or liability of any kind upon NORCAL Mutual, its agents or representatives. Coverages and Limits of Coverage Provided Coverage A: Medical Professional Limits of Coverage: Liability Insurance - Claims Made Retroactive Date: 05/16/2009 $1,000,000 Each Claim limit $3,000,000 Aggregate Limit Per Policy Period Coverage B: Administrative Defense Limits of Coverage: insurance - Claims Made Retroactive Date: 05/16/2009 $50,000 Each Administrative Proceeding or Employment - Related Civil Action Limit $50,000 Aggregate Limit Per Endorsement Period By: NORCAL Mutual Insura�nce - Company Date Issued: October 29, 2016 T. Scott Diener Kara M. Ricci President & CEO Secretary HCPCOI -001 12/01/2014 Page 1 of 1 560 DAVIS STREET, SUITE 200, SAN FRANCISCO, CA 94111 -1966 T 844ANORCAL NORCALMUTUAL.COM %%% NORCAL MUTUAL° Certificate of Insurance Certificate Holder: insured's Name and Address: Vernon C. Sorenson MD, Inc. Manuel Valadez Garcia, P.A. 3838 San Dimas Street, Suite B100 3838 San Dimas Street, Suite B100 Bakersfield, CA 93301 Bakersfield, CA 93301 Policy Number: 707304N Effective Date: 01/01/2017 Expiration Date: 01/01/2018 Insured Type: ❑ Named Insured IM Insured ❑ Locum Tenens Coverage A Type: IK Shared Limits ❑ Separate Limits Specialty: Physician Assistant Important: This certificate certifies that the policy shown above has been issued and includes coverage for the Insured shown for the period indicated, subject to the policy's provisions and the required payment of premium. It is not an insurance policy and is issued for Informational purposes only. it confers no rights upon the certificate holder and does not create a contract between NORCAL Mutual Insurance Company (NORCAL Mutual) and the certificate holder, nor does it amend, extend, or alter the policy's coverage. Notwithstanding any requirement or provision of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy is subject to the provisions of the policy. The Insured is responsible for informing certificate recipients of any policy changes, Including declination of issuance or cancellation before the expiration date. An Insured's failure to provide such notice imposes no obligation or liability of any kind upon NORCAL Mutual, its agents or representatives. Coverages and Limits of Coverage Provided Coverage A: Medical Professional Liability Insurance - Claims Made Retroactive Date: 03/04/2010 Limits of Coverage: Shares in the limits of coverage of other Insureds, subject to the following maximum available limits of coverage: $1,000,000 Each Claim Limit /$3,000,000 Aggregate Limit Per Polic Period Coverage B: Administrative Defense Insurance - Claims Made Retroactive Date: 03/04/2010 Limits of Coverage: Shares in the limits of coverage of other Insureds, subject to the following maximum available limits of coverage: $50,000 Each Claim limit /$100,000 Aggregate Limit Per Policy Period By: NORCAL Mutual Insurance Company Date Issued: October 29, 2016 HCPCOI -001 12/01/2014 T. Scott Diener \Kara M. Ricci President & CEO Secretary Page 1 of 1 560 DAVIS STREET, SUITE 200, 5AN FRANCISCO, CA 94111.1966 T 844ANORCAL NORCALMUTUAL.COM %%, NORCAL MUTUAL Certificate of Insurance Certificate Holder: insured's Name and Address: Vernon C. Sorenson MD, Inc. Alan W Bankhead, P.A. 3838 San Dimas Street, Suite B100 3838 San Dimas Street, Suite 8100 Bakersfield, CA 93301 Bakersfield, CA 93301 Policy Number: 707304N Effective Date: 01/01/2017 Expiration Date: 01/01/2018 Insured Type: ❑ Named Insured © Insured O locum Tenens Coverage A Type: 0 Shared Limits 0 Separate Limits Specialty: Physician Assistant Important: This certificate certifies that the policy shown above has been issued and includes coverage for the Insured shown for the period indicated, subject to the policy's provisions and the required payment of premium. It is not an insurance policy and Is issued for informational purposes only. It confers no rights upon the certificate holder and does not create a contract between NORCAL Mutual Insurance Company (NORCAL Mutual) and the certificate holder, nor does it amend, extend, or alter the policy's coverage. Notwithstanding any requirement or provision of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy is subject to the provisions of the policy. The Insured is responsible for Informing certificate recipients of any policy changes, including declination of issuance or cancellation before the expiration date. An Insured's failure to provide such notice imposes no obligation or liability of any kind upon NORCAL Mutual, its agents or representatives. Coverages and Limits of Coverage Provided Coverage A: Medical Professional Liability Insurance - Claims Made Retroactive Date: 03/18/2014 Limits of Coverage: Shares In the limits of coverage of other Insureds, subject to the following maximum available limits of coverage: $1,000,000 Each Claim Limlt /$3,000,000 Aggregate Limit Per Poli Period Coverage B: Administrative Defense Insurance - Claims Made Retroactive Date: 03/18/2014 Limits of Coverage: Shares in the limits of coverage of other insureds, subject to the following maximum available limits of coverage: $50,000 Each Claim Limit/$100,000 Aggregate Limit Per Policy Period By: NORCAL Mutual Insurance Company HCPCOI -001 12/01/2014 I-,-` � T. Scott Diener President & CEO Date Issued: October 29, 2016 Kara M. Ricci Secretary Page 1 of 1 560 DAVIS STREET, SUITE 200, SAN FRANCISCO, CA 94111 -1966 T 844ANORCAL NORCALMUTUAL.COM NORCAL MUTUAL Certificate Holder: Vernon C. Sorenson MD, Inc. 3838 San Dimas Street, Suite 13100 Bakersfield, CA 93301 Certificate of Insurance Insured's Name and Address: Julie Gentry, NP 3838 San Dimas Street, Suite 8100 Bakersfield, CA 93301 Policy Number: 707304N Effective Date: 01/01/2017 Expiration Date: 01/01/2018 Insured Type: O Named Insured O Insured ❑ Locum Tenens Coverage A Type: © Shared Limits ❑ Separate Limits Specialty: Nurse Practitioner Important: This certificate certifies that the policy shown above has been issued and includes coverage for the Insured shown for the period indicated, subject to the policy's provisions and the required payment of premium. It is not an insurance policy and is issued for informational purposes only. It confers no rights upon the certificate holder and does not create a contract between NORCAL Mutual Insurance Company ( NORCAL Mutual) and the certificate holder, nor does it amend, extend, or alter the policy's coverage. Notwithstanding any requirement or provision of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy is subject to the provisions of the policy. The Insured is responsible for Informing certificate recipients of any policy changes, including declination of issuance or cancellation before the expiration date. An Insured's failure to provide such notice imposes no obligation or liability of any kind upon NORCAL Mutual, its agents or representatives. Coverages and Limits of Coverage Provided Coverage A: Medical Professional Liability Insurance - Claims Made Retroactive Date: 07/06/2015 Limits of Coverage: Shares in the limits of coverage of other Insureds, subject to the following maximum available limits of coverage: $1,000,000 Each Claim Limit /$3,000,000 Aggregate Limit Per Policy Period Coverage B: Administrative Defense Insurance - Claims Made Retroactive Date: 07/06/2015 Limits of Coverage: Shares in the limits of coverage of other Insureds, subject to the following maximum available limits of coverage: $50,000 Each Claim Limit /$100,000 Aggregate Limit Per Policy Period By: NORCAL Mutual Insurance Company Date Issued: October 29, 2016 HCPCOI -001 12/01/2014 T. Scott Diener Kara M. Ricci President & CEO Secretary Page 1 of 1 560 DAVIS STREET, SUITE 200, SAN FRANCISCO, CA 94111 -1966 T 844ANORCAL NORCALMUTUAL.COM NORCAL MUTUAL2 1 Certificate Holder: Vernon C. Sorenson MD, Inc. 3838 San Dimas Street, Suite B100 Bakersfield, CA 93301 Certificate of insurance Insured's Name and Address: Scott Somsai Newdang, PA 3838 San Dimas street, Suite 8100 Bakersfield, CA 93301 Policy Number: 707304N Effective Date: 01/01/2017 Expiration Date: 01/01/2018 Insured Type: ❑ Named insured n Insured O Locum Tenens Coverage A Type: x❑ Shared Limits ❑ Separate Limits Specialty: Physician Assistant Important: This certificate certifies that the policy shown above has been issued and includes coverage for the Insured shown for the period indicated, subject to the policy's provisions and the required payment of premium. It is not an insurance policy and is issued for informational purposes only. It confers no rights upon the certificate holder and does not create a contract between NORCAL Mutual Insurance Company (NORCAL Mutual) and the certificate holder, nor does it amend, extend, or alter the policy's coverage. Notwithstanding any requirement or provision of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy is subject to the provisions of the policy. The Insured is responsible for informing certificate recipients of any policy changes, including declination of issuance or cancellation before the expiration date. An Insured's failure to provide such notice imposes no obligation or liability of any kind upon NORCAL Mutual, its agents or representatives. Coverages and Limits of Coverage Provided Coverage A: Medical Professional Liability Insurance - Claims Made Retroactive Date: 05/30/2016 Limits of Coverage: Shares in the limits of coverage of other Insureds, subject to the following maximum available limits of coverage: $1,000,000 Each Claim Limit /$3,000,000 Aggregate Limit Per Policy Period Coverage B: Administrative Defense Insurance - Claims Made Retroactive Date: 05/30/2016 Limits of Coverage: Shares in the limits of coverage of other insureds, subject to the following maximum available limits of coverage: $50,000 Each Claim Limit/$100,000 Aggregate Limit Per Policy Period By: NORCAL Mutual Insurance Company HCPCOI -001 12/01/2014 T. Scott Diener President & CEO Date Issued: October 29, 2016 Kara M. Ricci Secretary Page 1 of 1 560 DAVIS STREET, SUITE 200, SAN FRANCISCO, CA 94111 -1966 T WANORCAL NORCALMUTUAL.COM It a L a +► a _ +► � � NORCAL MUTUAL Certificate of Insurance Certificate Holder: Insured's Name and Address: Vernon C. Sorenson MD, Inc. Arleada F Robertson, PA 3838 San Dimas Street, Suite B100 3838 San Dimas Street, Suite B100 Bakersfield, CA 93301 Bakersfield, CA 93301 Polity Number: 707304N Effective Date: 01/01/2017 Expiration Date: 01/01/2018 Insured Type: ❑ Named Insured O Insured ❑ Locum Tenens Coverage A Type: <] Shared Limits ❑ Separate Limits specialty: Physician Assistant Important: This certificate certifies that the policy shown above has been issued and includes coverage for the Insured shown for the period indicated, subject to the policy's provisions and the required payment of premium. It is not an insurance policy and is issued for informational purposes only. It confers no rights upon the certificate holder and does not create a contract between NORCAL Mutual Insurance Company (NORCAL Mutual) and the certificate holder, nor does it amend, extend, or alter the policy's coverage. Notwithstanding any requirement or provision of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy is subject to the provisions of the policy. The Insured is responsible for Informing certificate recipients of any policy changes, including declination of issuance or cancellation before the expiration date. An Insured's failure to provide such notice Imposes no obligation or liability of any kind upon NORCAL Mutual, its agents or representatives, Coverages and Limits of Coverage Provided Coverage A: Medical Professional Liability Insurance - Claims Made Retroactive Date: 02/05/2016 Limits of Coverage: Shares in the limits of coverage of other insureds, subject to the following maximum available limits of coverage: $1,000,000 Each Claim Limit /$3,000,000 Aggregate Limit Per Policy Period Coverage B: Administrative Defense Insurance - Claims Made Retroactive Date: 02/05/2016 Limits of Coverage: Shares in the limits of coverage of other Insureds, subject to the following maximum available limits of coverage: $50;000 Each Claim Limit /$100,000 Aggregate Limit Per Policy Period By: NORCAL Mutual Insurance Company Date Issued: October 29, 2016 r T. Scott Diener Kara M. Ricci President & CEO Secretary HCPCOI -001 12/01/2014 Page 1 of 1 560 DAVIS STREET, SUITE 200, SAN FRANCISCO, CA 94111 -1966 T 844.4NORCAL NORCALMUTUAL.COM EXHIBIT A City of Bakersfield Fee Schedule for Hazardous Materials Physicals for Fire Department RFP 2017 Service Fee Title of Person Performing Complete History and $55.00 Physical exam (Visual Acuity ncluded Stress Test Cardiovascular (including interpretation_) $200.00 ------ MD /Kinesiologist Oxygen Uptake for Met Level Inc. in stress MD /MA Audiogram -- $30.00 — -1 MA Spirometry with completed $25.00 MA Respiratory Questionnaire Urinalysis (Dipstick) $10.00 MA Cholinesterase Levels $35.00 MA CBC with Differential $20.00 ! MA Comprehensive Metabolic _ $27.00 �— MA Panel Lipid Profile $24.00 MA Occult Feces Blood Screen $12.00 MA Heavy Metal Testing $202.00 MA Cadmium Beryllium Lead Mercury Arsenic _ X -Ray Lumbar 5 views (at $95.00 X -Ray Technician discretion of Physician) _ X -ray Lumbar 3 views $75.00 X -Ray Technician X -ray Chest 2 views $55.00 X -Ray Technician Functional Capacity $110.00 Kinesiologist Evaluation _._ ____.__ Total $975.00 i I Include any additional tests as appropriate with the reason for the test and the tee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. EXHIBIT B City of Bakersfield Fee Schedule for Pre - Employment Physical for Fire Department RFP 2017 Service Fee Title of Person Performing Complete History and $55.00 _ MD /PA j Physical exam (Visual Acuity included Stress Test Cardiovascular $200.00 MD /Kinesiologist (including interpretation Oxygen Uptake for MET Level Inc. in Stress MA Electrocardiogram $45.00 MA Audiogram $30.00 MA Spirometry $25.00 MA With completed questionnaire Urinalysis (Dipstick) $10.00 MA TB Skin Test _ I $15.00 MA CBC with Differential $20.00 MA - -- -- __ Comprehensive Metabolic $27.00 -- MA Panel Lipid Profile $24.00 MA Drug Screen $35.00 MA Occult Feces Blood Screen $12.00 _ Ma I X -Ray Lumbar 5 views (at $95.00 X -Ray Technician discretion of Physician) i X -ray Lumbar 3 views $75.00 X -Ray Technician X -ray Chest 2 views $55.00 X -Ray Technician Total $723.00 Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. EXHIBIT C City of Bakersfield Fee Schedule for Voluntary Annual Physical for Fire and Police RFP 2017 Service Fee Title of Person Performing Complete History and Physical exam (Visual Acuity included $55.00 MD /PA Stress Test Cardiovascular (including interpretation i $200.00 MD /Kinesiologist Oxygen Uptake for MET Level Inc. in Stress ` MA Electrocardiogram $45.00 y MA_._ Audiogram $30.00 _ - MA - - -_ - Spirometry With completed questionnaire $25.00 -- �- MA -- Urinalysis (Dipstick) No Charge MA CBC with Differential $20.00 MA Comprehensive Metabolic Panel $27.00 MA Lipid Profile $24.00 MA PSA if over 40 years old $34.00 MA X-ray Chest 2 views $55.00 X -Ray Technician -- Total $515.00 --- ------------ EXHIBIT D City of Bakersfield Fee Schedule for Police Department Clandestine Lab Training Physical RFP 2017 Service Fee Title of Person Performing Complete History and $55.00 MD /PA Physical exam (Visual Acuity included) Stress Test Cardiovascular $200.00 MD /Kinesiologist (including interpretation Oxygen Uptake for MET Level Inc. in Stress MA Electrocardiogram $45.00 MA Audiogram $30.00 MA Spirometry $25.00 MA With completed questionnaire i Urinalysis (Dipstick) No Charge MA CBC with Differential $20.00 MA _ Comprehensive Metabolic $27.00 MA Panel Lipid Profile $24.00 MA X -ray Chest 2 views $55.00 X -Ray Technician Total $481.00 -- Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. EXHIBIT E City of Bakersfield Fee Schedule for Police Department FBI Hazardous Devices School Physical RFP 2017 Service Fee Title of Person Performing Complete History and Physical exam (Visual Acuity included $55.00 MD /PA Stress Test Cardiovascular (including interpretation $200.00 MD /Kinesiologist Oxygen Uptake for MET Level Inc. in Stress MA Electrocardiogram $45.00 MA Audiogram _._.. $30.00 _.... MA Spirometry � With completed questionnaire $25.00 MA _ Urinalysis (Dipstick) No Charge MA _ CBC with Differential $20.00 MA I i Comprehensive Metabolic Panel $27.00 MA v Lipid Profile $24.00 MA X -ray Chest 2 views $55.00 X -Ray Technician Functional Capacity Evaluation $65.00 Kinesiologist Total $546.00 Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. EXHIBIT F City of Bakersfield Fee Schedule for Pre - Employment Physical for Police Department RFP 2017 Service Fee Title of Person Performing Complete History and Physical exam (Visual Acuity included) $55.00 MD /PA J Stress Test Cardiovascular (including interpretation $200.00 MD /Kinesiologist Oxygen Uptake for MET. Level Inc. in Stress MA Electrocardiogram Audiogram i V$45.00 � $30.00 MA MA Spirometry With completed questionnaire $25.00 _ MA -" Tb Skin Test $15.00 CBC with Differential $20.00 MA Comprehensive Metabolic Panel $27.00 i MA I — Lipid Profile _ $24.00 l MA Drug Screen i $35.00 MA q X -Ray Lumbar 5 views (at discretion of physician $95.00 X -Ray Technician X -ray Lumbar 3 views $75.00 X -Ray Technician X -ray Chest 2 views $55.00 X -Ray Technician Total $701.00 Include any additional tests as appropriate with the reason for the test and the tee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. EXHIBIT G City of Bakersfield Fee Schedule for Miscellaneous Services RFP 2017 Service Fee Title of Person Performing Educational Programs r Heart Disease Hypertension Colon Cancer Back Care $50 hr _ ; $50 hr $50 hr $50 hr MD /PA __..._. MD /PA __._ MD /PA MD /PA/PT u Heat Illness $50 hr MD /PA _ Exercise and Fitness I $50 hr Kinesiologist/Exercise Physiologist _ NutritionANei ht Control $50 hr Kinesiologist Substance Abuse $50 hr MRO Stress Management $50 hr PA Tobacco & Alcohol $50 hr PA _ Screening Programs $50 hr MA Diabetes $50 hr MA Weight Control $50 hr MA Hypertension $50 hr MD /PA MMR Titer $100.00 MA _ Varicella /Zoster Titer $25.00 i MA TDAP- Tetanus, Diptheria, Pertussis $45.00 MA M_ Tuberculosis Skin Test $15.00 MA Tuberculosis Chest X -Ray $45.00 X -Ray Technician MMR Booster Varicella /Zoster Vaccine Respirator Fit Test $66.00 $130.00 $30.00 MA MA MA Respirator Fit Test Full Face L$30.00 __ —LMA Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. *Seasonal Influenza and other vaccinations are typically administered as an on-site clinic at our employer location. Indicate if there is a fee for services involving an on-site clinic, and what the fees are for the clinic. If no fee is applicable, indicate NO FEE. Respirator Questionnaire No Charge.. Spirometry $25.00 Seasonal Influenza $22.00 *On-Site Clinic Fee No Charge Hepatitis Vaccination (A,B, A/B Twinrix) $151.00 Near Vision Testing No Charge Medical Consultation for Committees or Boards Regarding Medical Appeals $200.00 Fitness for Duty $75-$250 Functional Capacity Evaluations 1 $110.00 Med/Legal Witness for the City Attorney's Office and Risk Management $200 per Hr DMV Recertification Ph sical $6000 Urine Drug Screen (DOT) $45.00 Management of DOT Program No Charge Any Additional Test or Pricing that is Pertinent to Include Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. *Seasonal Influenza and other vaccinations are typically administered as an on-site clinic at our employer location. Indicate if there is a fee for services involving an on-site clinic, and what the fees are for the clinic. If no fee is applicable, indicate NO FEE. EXHIBIT H City of Bakersfield Fee Schedule for Pre - Employment Physical for Group A (Med -Heavy Laborer) RFP 2017 Service Fee Title of Person Performing Complete History and Physical Exam $55.00 W_ M MA Drug Screen —Rapid MDlPA *Do not proceed unless negative $30.00 results Functional Capacity Evaluation $100.00 Kinesiologist i Dot Physical /Drug Screen *As requested per position $105.00 MA requirements Audiogram *As requested per position $30.00 MA requirements Spirometry *As requested per position $25.00 MA requirements Total Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield. /. / a the SAMPLE AGREEMENT NO. CITY PHYSICAN'S AGREEMENT THIS AGREEMENT is made and entered into on CITY OF BAKERSFIELD, a municipal corporation ( "CONTRACTOR" herein). RECITALS , by and between ( "CITY" herein) and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and WHEREAS, the CITY does not have expertise currently on staff to perform City physician services: and WHEREAS, CITY desires to employ CONTRACTOR for pre - employment physicals, fitness for duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services, and WHEREAS, on CONTRACTOR submitted a response to Request for Proposals issued by CITY. Said Request for Proposal and CONTRACTOR's response are incorporated herein by reference as though fully set forth. 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, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre - employment physicals, fitness for duty physicals, drug testing and other medical services as set forth in the City's Request for Proposal attached hereto and incorporated herein as Exhibit "A." CONTRACTOR may perform other work as agreed to by the parties in writing. CONTRACTOR agrees to provide the above - referenced services to the CITY on a priority basis for CITY employees and management. 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 payment of the appropriate fee as set forth in the Proposal to Provide Medical Services from the Contractor. The total compensation paid to the CONTRACTOR shall not exceed Dollars ($ ) for any given year. 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. 24 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. 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. U. TERM. This Agreement shall continue for a period of three (3) years commencing November 1, 2017. The CITY, as an option, may extend the contract for one additional year with the some terms and conditions. 13. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 25 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. 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. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. 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: 19.1 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 19.2 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: 19.2.1 Provide coverage for owned, non -owned and hired autos. 19.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.3.1 Provide contractual liability coverage for the terms of this Agreement. 19.3.2 Provide unlimited products and completed operations coverage. 19.3.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval 26 by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.4 Workers' comraens -g ion 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. 19.5 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. 19.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 19.7 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. 19.8 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. 19.9 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. 19.10 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. 19.11 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. 19.12 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 CONTRACTOR. 19.13 CONTRACTOR shall provide, when required by CITY, performance, labor 27 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. 20. THIRD EARTY 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. 21. 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. 22. 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. 23. NOTI E . 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: LISA MCGRANAHAN HUMAN RESOURCES MANAGER CITY OF BAKERSFIELD CITY HALL 1600 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 CONTRACTOR: 24. 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. 25. 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. 26. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 28 27. 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. 28. 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. 29. 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 sold records shall be made available to CITY representatives upon request of any time during regular business hours. 30. 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. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: By:_ KAREN GOH Mayor Print APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: (NAME & TITLE) Insurance: "CONTRACTOR" Title: Additional Signatures on Following Page 29 APPROVED AS TO CONTENT: CITY MANAGER By: ALAN TANDY City Manager COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit A- Request for Proposal Exhibit B - Proposal from "CONTRACTOR" 30 Date Vernon C. Sorenson M.D. Inc. Page 1 3838 San Dimas Street Ste B100 Bakersfield, CA 93301 -2285 (661) 326 -0088, Fax: (661) 322 - 3156_ — Encounter Summary Company: City Of Bakersfield -HR Dept Employee: 1600 Truxtun Ave Bakersfield, CA 93301 Attention: Ident: DOB: Telephone: Department: Fax: Job Title: Police Trainee Provider: Sorenson, Vernon MD Phone: (661) Visit Date: Time In: 10:41AM Out: 1:19PM Purpose: Occ Med Physical Post Offer Description of Services PxIntermed Physical: Intermediate 93015 Treadmill Cardiovascular Stress Test - Treadmill 93000 ECG Electrocardiogram - Complete 92552 Audio Audiometry Test 94010 Spirometry Spirometry 86580 TST TB Intradermal Test 85025 CBCDiff Lab - CBC With Differential 80053 80053 Lab - Comprehensive Metabolic Panel 80061 80061 Lab - Lipid Panel Profile 80100- DS22225 Drug Screen OUR Nat Tox Panel 225 ConsentDS Consent: Drug Screen 72100 72100 X -Ray Lumbar /Sacral Spine 2 Or 3 View 71020 CXR X -Ray Chest PA/Lateral 2view 99173 Snellen Visual Acuity: Snellen POP PO Passed Orders & Instructions Return Follow -Up * *POPE Full Release The prospective employee was evaluated on, A history was taken and physical exam performed. There is no medical condition that would interfere with the performance of the essential functions of the job. This clearance is conditional and may be revoked if there are disqualifying results of any pending laboratory tests, drug screens or functional capacity testing. The results of those tests will be reported separately if applicable. Radiology Order: Radiology Order 3 View Lumbar and 2 View Chest Follow -up Appointments: 4/24/17 Date Vernon C. Sorenson M.D. Inc. 3838 San Dimas Street Ste B100 Bakersfield, CA 93301 -2285 (661) 326 -0088, Fax: (661) 322 -3156 Encounter Summary Company: City Of Bakersfield -HR Dept Employee: 1600 Truxtun Ave Bakersfield, CA 93301 Attention: Telephone: Fax: Provider: Sorenson, Vernon MD Visit Date: - Time In:10:41AM Out: 1:19PM Ident: DOB: Department: Job Title: Police Trainee Page 2 Phone: (661) Purpose: Occ Med Physical Post Offer Comments Drug screen is Negative. PFT class A. Tb skin test given, this patient was instructed to return within 48 -72hrs for the tb reading. -This patient failed to return within the allotted time for the tb reading, the tb skin test is now void and will need to be re -done. Stress test MET level 12.2 Audio meets POST medical screening guidelines. 09120117 CC AGENDA PACKET PG 423 Date t Vernon C. Sorenson M.D. Inc. 3838 San Dimas Street Ste 13100 Bakersfield, CA 93301 -2285 (661) 326 -0088, Fax: (661) 322 -3156 Encounter Summary Company: City Of Bakersfield -HR Dept Employee: 1600 Truxtun Ave Bakersfield, CA 93301 Attention: Telephone: Fax: Provider: Bankhead, Alan W. PA Visit Date: Time In: 9:30AM Out: 10:31AM 99070- AUTAuth 99203 -DT PxDOT 99173 Snellen Page 1 Ident: DOB: Department: Job Title: Solid Waste Equipment Operator Phone:(661) Purpose: Occ Med Physical: DOT Description of Services Authorization For Visit Physical: DOT Visual Acuity: Snellen Orders & Instructions Return Follow -Up *DOT Physical The examinee meets the standards in 49 CFR 391.41; however requires evaluation in one year because of hypertension. Only qualified when wearing corrective lenses. This does not include drug/lab screening results, if applicable. 09120117 CC AGENDA PACKET PG 424 oorm MCSA -5875 OMB No oc 2126.0006 Npiration Date: $/11 /2011 Public burden Stau(nant Afedofal a941M may not (060W or sponot, and a person Is notroquired.to tesporld 10, not SW a petso , be stdrlec(to ppemby for failurato comply with a collection of Infomsanon stiblect in the requlroinenas of &Paperwork Reduction Act uniessthotcollectionof information displaysacurron( valid OW Control Number. HseOMaControl Number for lidsInfornsaooncoii ctlonis 2IXO 0c PublicM",dis3 to, lilt, cnllccann Oflnrnrmallonh1111ctfmatedto bit approFinuiloly7S ndnutos (lot ntsP011se hsedstdln9ill* tire# for t evieWinglmt ructions,aalhedng the dautim dad, and comptetln9andm0owingthetnl (ectionof.Mmmatior, All moonsas to this 6lieetton of tnrormatlon are true dainty; Send comments "aiding tills Written estirrMte of anyolW aspect of tills cnnetdtin of (nformotUn, including suggest lo n5 (or fell u<frTv it A burdi!m w irformattontF011ocdo , CloatancoOtQcor, ruda ralMotorCar( *SafaryAdmintsuailon,MC- RRA,1700 Now letsey Avenue, SE,.Wat111ngmn bt_.20,90, US. Fed rCtorC Carrier Transportation Medical Examination Report Form Federal fNotofCarrler SaferyAtirNfil trattort (for CommerdalDriver Medical Certification) PRIVACY ACT STATEMENT- This statement is provided pursuant to the Privacy Act of 7974, AUTHORITY: Title 49, United States Code(USQ,42tl5c_ 1 }13fttj %and�11a stet. MEDICAL RECORD# PURPOSE: To record results.of a driver's physical examination, to determine qualification to operate it commercial motor vehicle (CMV), and I (�, } .z 7 I-1 q to promote driver health.in interstate commer ce according to the requirements in 1 C x1,11 •_g7. Providing this information Is mandatory, j If this information is not provided, the medical examiner will not be able to determine qualification to operate a CMV in interstate commerce according to the requirements ing4 (f.R_321.9t -42_ To record results of a driver's physical examination and to determine ryualifiaation to operate - -- - - - -- — -- a CMV in intrastate commerce when the driver is required by a State to be examined by a medical examiner listed on the National Registry of Certifiers Medical t- xaminer. in accordance with the provisions'of.49.i;Elt :sf)i,hr -49 and any variances from the physical qualification standards adopted by such State. Medical examiners are required to complete the Medical Examination Report Form for every driver physical examination performed in accordance with 49 Cf'R 391.4 1, Each original (paperer electronic),c6mple'ted Medical Examination Report rorm must be retained on file at the office of the medical examiner for at least 3 years from she date of examinatinn.111r medical examiner must make all records and information In these files available to aria uthorized representative of FMCSA or an autl lot ized Federal, State, or local onfotcemetx agency ft.piesentai(ve, wlthifi'4$.hours after the request Is made 149,_ 1 R 391 a 3(1)1, ROUTINEUSES: The information is used for the purpose sctforth #brave and may be forswarded to federal; State pr lorcal fain ertforctmeni agencies for their use. Riled :' ®1 Examination Report Formstcollected by FMCSA wiil be stored In FMrSNs automated National Registry of Certified Medical Naminers System andwiii be used to monitor life performance of medi- cal it*aminers listed orf the National Registry, In addition to those disclosoms, permitted under $-IISf„ 55 sf6) of the Privacy Act of 1974, additional disclnsutr_s may be made in accordance wim the u.S. Department of Transporta- tion (DOT) PrefatoryStatenlent of General Routine Uses published In the Federal Register on December 29, 2010 ((5 Fl;,hyt- 3), ur.;ler'Prctau,ry Statr..ment bf General Boutin, Uses' (available attg3j?:[i)Y!!fSJ +C1(?t,ggy Pf!s,IfY /fl(iw3udatrtntices). ACKNOWLEDGMENT;l1 understond thWovisions of the PrivacyAct`of 1974 os related to rrle through the above - mentioned statiemerst, Driver's Signature:. bate:,, SECTION 1. driver` nformation (w be ffffed our by the driver) Last Name: ^ I First Name: , Street Address: ' Middle InitiA, Date ofRirth: j .m_ Age, _cs1 State /Province _ Zip Con �: Driver`s License .Number:. _ Issuing State /Province: _ Phone:, !E-mail (oprional)i CLP /CDL Applicant /Holder`: 0"Yes O No Driver ID Verifies! By ": � — I Hass yourllSC)OTIFNIGA medicalcertifrcete -ever been denied or issued for less than 2 years? 0 Yes1No (_) Not Sure '[tPIC(tt. ApplfunUiiplder. SEe inslr(xtifFns fa t1NuflUans: Gendel;_em v is °sOttmt tB yerlliNi9y:Attold svli7t type of photo IFs etas iReli 1a v¢rily t)tr lftnll(y of 11ie. ,)liver; e,ry: Cq(. rt�is ^r s I(arlse� p�sspnrt. Have You ever had surctery? if "yes;' please 115t and explain below —Ii;� Yes 0 No 0 Not Sure Are you currently taking medications (prescription, over - the- countei-, herbal r3rnedies, diet supplemren(s)? 3 Yes 0 No 0 Not Sure lf'yesrn please describe below. L (Artachtreidrflnnofsheets ifw !csG'r)!j Farm MC ^A -5875 Last Name: -- First Name: Do you have or have you ever had: 'f, Head /brain injuries or illnesses (e;g.; cuncussion) 2; Seizures; epilepsy 3: Eye problems (exceprglosses or con rocrs) 4. Ear and /or hearing problems 5. hieaO disease; heart attack, !bypass, or other heart problems 6, Pacemaker, stents, Implantzible devices, or other heart procedures 7. Mott blood pressure S. Nigh cholesterol 9. Chronic (long -term) cough, shortness of breath, orother breathing problems 142. Lunq:dNease,(Pa,, asfhma) 11. Kidney problems, kidney stones, or pale /problems with. urination U. Stomach, liver, or digestive problems 11 Diabetes or blood sugar problems, lnsutiri used 14. Anxiety, depressioni nervousness, other .mental health problems 15. Fainting or,passing out Other health candition(s) not described above: OM8 No, zM -G006 Expiralmn Dble.W311201 DOB: EXamDate: _ (;) YesA No (D Not Sure D)d you answet ".yes" :to any of questions 1 -32? if so, please comment further on those health conditions below. O Yes i_.) No O Not Scare (Anoch ac1c htiobal st) eo5 it oece5 ,©ty) 4i certify that the above information is accurate and complete, l understand that inaccurate, false or missing information may invalidate the examination and my Medical Examiner's Certificate, that submission of fraudulent or intentionally false Information is a violation of .199 CFn 39U.,i; , and that submission 'of fraudulent or intentinmally false information may Subject me to civil or criminal penalises under 4g _C,i'f; _1.50,37 and a9 (Ct;.stic; Itppenciice� A and B. Driv,ei!$Signature-. - ____ Date-F4 5EC1'110N 2. Extamination Report (ro he tilled out by the medicol examiner) Review and discuss pertinent d Civet of )swers and ot)y ottoil able nietlictll /ecord,i. CArr1ment CHI rlle d ilvef s reipanses 1110i 100Y pfk(, ( the dri'ver's safe opero fson ofo eommereiol motor vehicle ((MV), -�--- - ---- -- ----------', fc a��7» rlrl�tit »�,?l;irrt�r,,�;t;r, =�,:r:rti'• Not Not Yes No Sure Yes No Surf l O 0 16. Dizziness, head ches, numbnessi tingling; or memory C' Ic O O loss O C 17, Unexplained weight loss O Y1__) O O 4R v 1 & Stroke, mini - stroke {'nN, paralysis, 6t weakness O -i) CJ O ?3 & 14: Missing or limited use of arm, hand, finger, leg, foot; toe 0-(.,) O 20. Neck or back problems 19 O O f& 0 21, Pone, muscle, joint, or nerve problems O _Q 0 22; Blood dots or bleeding problems 0___Q. O 0 O 23. Cancer O Q 0 0 O 0 24. Chronic (long-term) infection or other chronic diseases O O d V O 25, Sleep disorders, pauses in breathing while asleep, O _�p c) daytime sleepiness, loud snoring O O 26, Have you ever had a sleep test `(a.y., sleep opneofl CJ ( ) O O 27. Have you ever spent a night in the hospital? )a 0 O O 28. Have you ever had a broken bone? O 0 0 O 29. Have you ever used or do you now use tobacco! � :.) (.- O _ 0 30. Do you currently drink alcohol,' O O O O 31. ) lave you used i n illegal substa nce Wffiin the past Wo O Years? O 32, Have you r_ver failed a drug test or been deliendent on O _�D 0 an illegal substance? (;) YesA No (D Not Sure D)d you answet ".yes" :to any of questions 1 -32? if so, please comment further on those health conditions below. O Yes i_.) No O Not Scare (Anoch ac1c htiobal st) eo5 it oece5 ,©ty) 4i certify that the above information is accurate and complete, l understand that inaccurate, false or missing information may invalidate the examination and my Medical Examiner's Certificate, that submission of fraudulent or intentionally false Information is a violation of .199 CFn 39U.,i; , and that submission 'of fraudulent or intentinmally false information may Subject me to civil or criminal penalises under 4g _C,i'f; _1.50,37 and a9 (Ct;.stic; Itppenciice� A and B. Driv,ei!$Signature-. - ____ Date-F4 5EC1'110N 2. Extamination Report (ro he tilled out by the medicol examiner) Review and discuss pertinent d Civet of )swers and ot)y ottoil able nietlictll /ecord,i. CArr1ment CHI rlle d ilvef s reipanses 1110i 100Y pfk(, ( the dri'ver's safe opero fson ofo eommereiol motor vehicle ((MV), -�--- - ---- -- ----------', fc a��7» rlrl�tit »�,?l;irrt�r,,�;t;r, =�,:r:rti'• orm MCSA•S875 Last Name: _ First Name:: DOB: t wise rate: Pulse rhythm regular. Yes 0 No Height: lest OMrt Na. 217 ; -0006 Expirarian Date: @/3112016 Exam Date: inches Weighty0150ounds Blood pressure systolic Diastolic Urinalysis Sp, Gr. Protein Blood Sugar Urinalysis is required. Numerical readings roust he recorded. �1 is not likely to worsen, or Second reading (optional) Other testing.1f indicated Protein, blared Of sucgor in the urine rnray bean indicotion for him .1e. testtrlq to 'Lilt, our arty underlyir.,,g .medical probe °rn. Vision Standard is at least 20140 acuity (Snellen) in each eye with or withour correction. At least 70' field of vision in horizonrol meridian nleosured in each eye The use of car- °eclive lenses should be noted on the Medical £xorniner's cerbfieate. Acuity Uncorrected Corrected Horizontal Field of Vision Right : Eye: 20/,0 20/ P, Right Eye: <() degree's Left Eye: 20/100 20/11 Left Eye: G� degrees Both Eyes: 201 1D 20724"- 7 Yes No Applicant can recognize and distinguish among traffic control (] signals and devices showing red, green, and amber colors Manocabr vision Q Referred to ophthalmotogistpr optometrist? Q 01 Received documentation frorn,ophthalmologist or optometrist? Q i Hearing Standard. Roust first perceive whispered voice or nor less rhon 5 li>et OR avm., e hearing loss of less than or equal to 40:18, in better ea; /with or without heatina aid). Check it hearing aid used for test: ❑ Right far (] Left far E 64her Whisper Test Results Right Ear Left Ear Recard distance (in feet) frorn driver at which a forcer/ whispered voice can first be heard OR ` Audiometric Test Results Right Ear Left Ear 500 Hz 1000 Hz 2000 Hz 500 Hz t 000 Hz 2000 Hz Average (light): Average (left): 08cus5 any abnormal answers in detail in the space below and indicate whether it would affect tlhe drivers ability to operate a Chit? [nterapplicable item number before each comment. fAttaell aciciiiional.Sheer -s ifne.- °s5dry) PHYSICAL EXAMINATION - The presence of a certain condition may not necessarily disqualify a driver, particularly if the condition is controlled adequately. is not likely to worsen, or is readily amenable to treatment. Even if a condition does not disqualify a driver, the Medical Examiner may consider deferring the driver temporarily. Also, the driver should be advised to take the necessary steps to correct the condition as soon as possible, particularly if nehler_tir7y the cranditicm could result in a more serious illness that might affect driving, Check the body systems :for abnotmalities. Body System Normal Abnormal Body System Norn-ial Abnormal 1. General C) B. Abdomen 0 2, Skin ( 0 'g. Genito- urinary system including hernias ) 0 3. Eyes (�j 10, Back/Spine C C) 4. EarS r 0 11. Extremitie0nints () 0 5, Mouth /throat L) 12: Neurological system including reflexes ) 0 6. Cardiovascular L 13, Gait { 0 7,Lunc�s /chest r +4 14.Vasettlarsy5tem r 0 08cus5 any abnormal answers in detail in the space below and indicate whether it would affect tlhe drivers ability to operate a Chit? [nterapplicable item number before each comment. fAttaell aciciiiional.Sheer -s ifne.- °s5dry) ro I n `n n I' OL ro �D rD o x cc `r m �* �, Ll � N rD Uf � » �.1 9 � � �' n• n1 nt '[j RI DI � .s 9+ D 4 O ID CA aj ° ko CL M ro M n � a r- :� to 0- ('`� { to o O ❑ ! —! a S cr @ 3 to O j <v 3 t n i '4 1 a ro a- s n •C •K d M tit? Im ° °' °' i 7 tr °- ,F ro .. n C '{ S 3 o ro 7, 1 3 Q D n 5 M + O. to un N um tro m D 1 O rD -h rp � 1 ^ ro l ID N © Q y cj ._. i•� n a. _ t cu s].. x x ❑❑ ❑° nl ai '� ro ID ro a ro III, O rD to �y � 0 0 @ w d CL n CL US. i t fi . CX 7 .� r'. IV CL CL y 4 eN tb? m nr o X a 'p � •�' CL Cl • � �"> � it � ro. 09120117 CC AGENDA P d +Y;N ' tr j . Q o U .•f D- 2 G 7 � n r. z Q c_ 3 13 n CL - ,j 3 0 v ,�u y (D Sroo, O : O' ^. iK ri �tic ,c:? b m : Q G e �q n ex � • J n �•'% ti m D �� nD �a '•��3 rl � `••e b N• f L A T ' Via' � 7 0 7 0 f {) o O C C a -. iu s r � cr T V v Y. r " H 1 titA �� U•• CY '� C r � n r S { c Q L 9 Fenn MCSA•Se75 0Mi1 No. 2126.0006 ERpirat.on Date; p /31 /2D ?f Last Name: First Narne: DOB: t:xarn Date: Please complete only one of the following (Federal or State) Medicol.Fxamirwr Determination sections: MEDICAL DETERMINATION Use this section for examinations performed in acrordonce with the federal Motor Carrier 5afery Reg itloriorts {A9,CFIx 39.0,91.39 1.49). 0 Do#s not meet standards (sped redsoh), 0 Meets standards in a9.Q -R 397.4 t; qualifies far 2 -year certificate �dt+teets stanndards, but periodic monitoring required (speci(y reason): Driver qualified for 0 3 months 0 G months tear 0 other (specify): wring corrective lenses ❑ Wearing hearing aid Cl Accompanied by a waiver /exemption (specify rype): — [� Accompanied by a Skill Performance Evaluation (SPE) Certificate D Qualified by operation of ,119 US 391.61 [] Driving within an exempt intracity zone (see ri) 1. ,;),�` c? leer,;_ Q Determination pending (specifyreoson): [] Return to medical exam office for follow -up on (rnus( be 45 days ?essl Medical Examination Report amended (specify rensnn) fdomended)VIedical Examiner's Signature: _ -. -_ -- Date: F1 Incomplete examination (specify reason): If the ddy.er,meett.the standards outlined in 49 Cf11397_.41, then complete a Medical Examiner's Certificate as stater) in A9 CfR 391 430), as appropriate. have performed this evaluation for certification. I have personally reviewed all available records and recorded information pertaining to this evaluation, )nd attest that to the best of my knowledge,.) believe it to be true and correct. Vedical Examiner's Signature: r, Medical Exarnioer's Name (please pt,ii)tortype): !� Medical Examiner's Address: 3838 San Dimas 5re S zoo _City: Bakersfield State: C! _ Zip Code; 933 0_1 AedicaltExarniner's Telephone Number (661) 326.0088 Date Certificate Signed: Medical Examiner's State License, Certificate, or Registration Number: 45�/"Vf 717 _ issuing State: C I ] MD IF DO Physician Assistant Chiropractor ❑ Advanced Practice Nurse ] {ether Practitioner (specify). Jational Registry plumber. }_ _ Medical Cxaminer's Certificate Expiration Date: / 7 W1 SMA Date Vernon C. Sorenson M.D. Inc. 3838 San Dimas Street Ste 13100 Bakersfield, CA 93301 -2285 (661) 326 -0088, Fax: (661) 322 -3156_ Work Status Summary J Company: City Of Bakersfield -HR Dept Employee: 1600 Truxtun Ave Bakersfield, CA 93301 Attention: Ident: Telephone: Department: Fax: Job Title: Provider: Bankhcad. Alan W. PA Visit Date: - Time In: 9:40AM Out: 10:07AM Purpose: Presenting Problem Police Officer Phone: I Return To Work / FFD New Date of Injury: 7/10/17 Case Number: 2017-00011 Claim Number: Description of Services 99070- FFDIFFDintermed FFD/RTW Intermediate Orders & Instructions Return Follow -Up *FFD Full Release The employee was evaluated on' A history was taken and physical exam performed. The employee has no medical condition that would interfere with the performance of the essential functions of the job. Page 1 This clearance is conditionary and may be revoked if there are disqualifying results of any pending laboratory tests, drug screens or functional capacity testing. The results of those tests will be reported separately if applicable. Work Status Work Status: Return to Work without Restrictions, as of ' SAMPLE TEST BATTERY Medical History: The medical information collected by the medical provider is review with the conditional employee. In the event they do not meet the medical screening criteria she /he will not be tested physically until she /he can obtain a medical clearance from their primary care physician indicating they are medically able to perform the physical test outlined in the screening, and find that they are safe to perform that type of work. Pre -Test: In the event the conditional employee is found to be positive for both history and clinical finding, she /he will not be tested physically until she /he returns with a medical release. Cardio respiratory Monitoring: The heart rate will be continually monitored during all phases of the physical testing using a heart rate monitor. All testing will be stopped if the heart rate exceeds 85% of the maximum age adjusted heart rate at any time during the testing for safety (75% of maximum for those with a history of cardiac condition). Anyone who presents with a resting heart rate of 100 beats per minute or greater will not be tested until the physician providing medical clearance is consulted. Blood pressure readings are taken prior to and after physical testing or at any time indicated during the testing process that may warrant it. Anyone who presents with a pre -test blood pressure of 150/100 or greater will not be tested until the physician providing medical clearance is consulted. Other terminating criteria for heart rate and blood pressure are from the following publication: American College of Sports Medicine, 2000 ACSM's guidelines for exercise testing and prescription, 6th ed. (Baltimore: Lippincott Williams & Wilkins), 104. Upper /Lower Flexibility: The conditional employee is asked to demonstrate the following: IN sitting they are asked to raise his /her arms together in flexion and then in abduction through their full range of motion. Shoulder internal rotation behind the back and external rotation to behind the head. Shoulder extension is demonstrated with hand cupped behind the back and moved away from the body. Cervical range of motion is demonstrated in all directions of movements; any restrictions and asymmetries will be noted. Lower body flexibility includes the demonstration to perform a full squat, forward and back bending without difficulty. Grossly limited movements will be measured. Repetitive Movements: Overhead Reaching: The conditional employee is asked to reach one time fully overhead, if no restrictions are noted then asked to demonstrate 10 repetitions as fast as she /he is able. This should not exceed 10 seconds. Forward /. / a �a .a Bending: The conditional employee is asked to bend, slowly, forward one time. If no restrictions are noted they are then asked to repeat the movement pattern 10 times as quickly as she/he is able to; not to exceed 15 seconds. The conditional employee must also demonstrate the ability to do one backbend without difficulty. Squatting: The conditional employee is asked to squat once, if no restrictions are noted, asked to demonstrate 10 repetitions at their own pace. Grip Strength: The conditional employee is asked to grip a Hand Dynamometer with his /her elbow at 90degrees and squeeze as hard as they can for 5 seconds, move it to the other and repeat the procedure. Three trials are completed and the results are documented. Cardio respiratory Test: Sub maximal cardio respiratory resting is completed at 96 beats per minute up and down a 12" step for 3 minute duration. The conditional employee will have heart rate and blood pressure taken prior to this test. They are given a heart rate monitor to wear for the remainder of the testing procedure. The test instructions are given to them, with time to ask questions or clarification of the procedure. The metronome is started, a timer set, they assume the starting position, and are informed that they can begin when they are ready. Testing is stopped for the following reasons: self- termination for any reason, inability to adhere to testing protocol, or their heart rate meets the 85% maximum. Physical Agility: The conditional employees must demonstrate she /he is able to crawl on their hands and knees a distance of 10 feet and climb a distance of 5 rungs at their own pace per the job task analysis. They are asked to demonstrate each of these. Lift Tests: Occasional Lift Test: The conditional employee is asked to lift an empty 12" wooden box at the bottom handles, from the floor to knuckle height and returned to the starting position. Weight will be gradually added in 10 pound increments up the 50 pounds ( the last 2 increments at 5 pounds) as tolerated by the conditional employee. She /he is then asked if this can be accomplished once every 30 minutes throughout the work day. Per testing protocol, testing is stopped if the heart rate exceeds target heart rate, the conditional employee indicates she /he cannot lift the weight, or they demonstrate unsafe lifting techniques. Frequent Lift Test: the conditional employee is asked to lift an empty 12" wooden box, by the bottom handles floor to a shelf 33" high. Five repetitions for each weight must be demonstrated within 30 seconds. Increments of 10 pounds up to 30 pounds or as tolerated. She /he is asked if this task can be accomplished every 30 minutes throughout the day. Per testing protocol, testing is stopped if the heart rate exceeds target heart /. / a �a .a rate, the conditional employee indicates she /he cannot lift the 30 pounds, or they demonstrate unsafe lifting techniques. Carry Test: The conditional employee is asked to carry the empty wooden box 20 feet for 2 repetitions. Weight is added in 10 pound increments (the last is 5 pounds). Per testing protocol, testing is stopped if the heart rate exceeds target heart rate, the conditional employee indicates she /he cannot lift the 40 pounds, or they demonstrate unsafe lifting techniques. Employee's Response: The conditional employee's ending heart rate and blood pressure is taken. Their overall body mechanics and lifting techniques are noted, as well as their tolerance to the test battery. Exit Release Form: This is read, signed and dated by the conditional employee to confirm they suffered no injury or adverse effects during or upon completion of the test battery. Scoring: All scoring of the test components is done upon the completion of each test module. Test Results: A Post Offer Pre - Placement test results form is completed with the appropriate pass /fail results, Physical Demand Level, and given to the designated administrative staff to complete. Additional Information Memorial Occupational Medicine views our relationship with any client, not as a vendor, but as a business partner. Because of this philosophy, it is our intent to be available to assist the City of Bakersfield, where our experience and expertise could be of benefit. Additional services beyond the RFP that Memorial Occupational Medicine can offer include but are not limited to: 1. Consultation with Personnel Department for determining job- specific medical requirements. 2. Ergonomic consultation should the City develop a rapid response program for early intervention of cumulative trauma disorders. 3. Assist City with developing essential physical demands on job task analysis. 4. Assist City of Bakersfield wellness coordinator by being a speaker. 5. Expert witness for the City of Bakersfield Counsel's Office Memorial Occupational Medicine is the only occupational health provider that is open from 7:00 a.m. to 7:00 p.m. seven days a week. While the majority of client's schedule services Monday through Friday from 8:00 a.m. to 5:00 p.m. We are willing to provide flexible scheduling if that would be beneficial to the City of Bakersfield while physical exams with a Functional Capacity Evaluation will be scheduled during the business week. We realize that some applicants, as well as current employees might not be able to make an appointment for services during normal business hours. For any physical that does not require a Functional Capacity Evaluation, Memorial Occupational Medicine is willing to schedule these physicals on a weekend by prior arrangement. Based upon the volume of examinations outlined Memorial Occupational Medicine has the staff, physical plant, and resources to handle all the City of Bakersfield's needs. References Sean Carlsen, R.N. Medical Coordinator Nestle Grand Ice Cream 7301 District Blvd. Bakersfield, Ca 93311 (661) 978 -2538 Sean. carlson aC..us.nestle,corn Bj Weidenger, R.N. Aera Energy 59231 Main Camp Rd McKittrick, Ca 93251 (661) 201 -4707 bweidinger anaeraener y.com Matthew Gutierrez County of Kern Risk Mgmt. 1115 Truxtun Avenue Bakersfield, Ca 93301 (661) 868 -3808 m utierrez(@- co.kern.Ca.us Russ Clark Kern High School District Personnel 5801 Sundale Ave Bakersfield, CA 93309 (661) 827 -3205 rclarko,kernhigh.org George Harmer General Production Services 1333 Kern St Taft, Ca 93268 (661) 340 -7266 gharmer @genprod.com ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 9/8/2017 WARD: Ward 2, 3, 4, 5, 6, 7 SUBJECT: Professional engineering services agreement for the 1,2,3 - Trichloro propane (TCP) Mitigation Project: 1. Agreement with Meyer Civil Engineering, Inc., for professional engineering services for the TCP Mitigation Project (not to exceed $275,000). 2. Appropriate $275,000 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. STAFF RECOMMENDATION: Staff recommends approval of the agreement and appropriation of the funds. BACKGROUND: On July 18, 2017, the State Water Board adopted a new maximum contaminate level for the contaminate 1,2,3 - Trichloropropane (TCP) in groundwater. These new regulations are applicable to drinking water served by public water systems, including the City's domestic water system. In an effort to comply with the new regulations, the City adopted a resolution in May 2017, which allowed the City to dispense with bidding for, among other items, engineering and construction services. In June 2017, the City contracted with W.M. Lyles (Lyles) to perform Phase 1 of the emergency TCP Mitigation Project. The Phase 1 scope of work included 70 percent design drawings for the project, permitting assistance, site investigations, geotechnical investigations, and the development of a Guaranteed Maximum Price (GMP) for the Phase 2 portion of the project. It is anticipated that staff will bring an agreement amendment (for the GMP amount) with Lyles to Council for approval at the October 11, 2017, City Council Meeting. Phase 2 of the TCP Mitigation Project includes preparing 100 percent design plans and specifications, construction management services, and construction, which includes installing granular activated carbon filtration systems at 24 City water wells, installation of eight off-site storm drain systems, four new bolted steel backwash tanks, off-site water pipeline improvements, and other ancillary items. WAVArAEqMA In anticipation of the approval of the Phase 2 agreement with Lyles, staff recommends that an agreement be entered into between the City and Meyer Civil Engineering, Inc. (Meyer CE) to provide professional engineering services for the project. These professional services includes construction management services and oversight of construction management services for the project. As part of Lyles' scope of work, they will provide some construction management services that includes project management and administration, monthly progress meetings and reports, schedule coordination and correspondence, monthly billing and budget review, field review and design intent, and weekly meetings. Meyer CE is needed for this project to act as the owner's representative and provide oversight and construction management over Lyles and their design-build construction team. Staff recommends Meyer CE to act as the owner's representative since the City has experience with Meyer CE performing similar work under as a City on-call engineering consultant. Meyer CE is currently one of the City's on-call engineering consultants, and was selected via the City standard request for proposal process. Meyer CE's engineering services for this project will be on a time - and - materials basis. Staff recommends approval of the agreement with Meyer CE for an amount not-to-exceed $275,000. Staff also recommends an appropriation of funds from the Water Enterprise Fund for this amount. ATTACHMENTS: Description Type D /kgireeirneint /kgireeirneint D ExhbUk IMeyeirCE Pirqposa ExhNt AGREEMENT NO. DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ( "CITY" herein), and MEYER CIVIL ENGINEERING, INC., a Corporation, ( "DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of Wellhead Treatment Facilities Construction Management and Observation Services as part of its TCP Mitigation Project; and WHEREAS, the State Water Resources Control Board Division of Drinking Water (DDW) recently adopted a new maximum contaminant level (MCL) of 5 parts per trillion for the synthetic organic chemical 1,2,3- trichloropropane (TCP); and WHEREAS, the City of Bakersfield operates 64 groundwater wells, of which 41 are contaminated with TCP levels exceeding the MCL; and WHEREAS, the CITY adopted Resolution No. 050 -17 on May 10, 2017, dispensing with bidding procedures due to the Emergency TCP Mitigation Project for the City of Bakersfield Domestic Water System; and WHEREAS, the CITY does not have sufficient staff to conduct Wellhead Treatment Facilities Construction Management and Observation Services as part of its TCP Mitigation Project; and DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 1 of 12 Pages -- /. / a WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, DESIGN CONSULTANT has submitted a proposal in response to the CITY's Request for Proposal, and said proposal is attached as Exhibit "A" and incorporated herein by referenced; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Proposal; and WHEREAS, DESIGN CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in Exhibit A and is generally described as follows: provide professional engineering services for the City's TCP Mitigation Project to include construction management and administration, monthly progress meetings and reports, schedule coordination and correspondence, monthly billing and budget review, field review and design intent, and weekly meetings as referenced on Exhibit A ( "Scope of Work). DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon 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 payment not to exceed Two Hundred Seventy Five Thousand Dollars ($275,000) which shall be paid for completed services after receipt of an itemized invoice approved by the Water Resources Manager or his designee. 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. TIME FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks set forth in the scope of work no later than two (2) years from the DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 2 of 12 Pages -- WAVArAL4MA �a .a date of execution of this Agreement. 4. PAYMENT PROCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an itemized invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. 5. STARTING WORK. DESIGN CONSULTANT 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 DESIGN CONSULTANT and CITY. 6. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is: Jason Meadors Water Resources Director City of Bakersfield 1000 Buena Vista Road Bakersfield, California 93311 Telephone: (661) 326 -3715 DESIGN CONSULTANT's Project Manager shall be designated as: Richard Meyer Meyer Civil Engineering, Inc. 110 S. Montclair Street, Suite 104 Bakersfield, CA 93309 Telephone: (661) 836 -9834 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. 7. KEY PERSONNEL. At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT 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 DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 3 of 12 Pages -- WAVArAL4MA right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. 8. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF INTEREST. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, 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 or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 11. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY shall not constitute a waiver of any portion or any provision of this Agreement. 13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 4 of 12 Pages -- WAVArAL4MA upon bid or proposal submission. 14. 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. 15. 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. 16. 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. 17. TERM. Unless terminated sooner as set forth herein this Agreement shall terminate two (2) years from the date of execution of this Agreement. 18. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of DESIGN 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. 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 Rd Bakersfield, California, 93311 DESIGN CONSULTANT: MEYER CIVIL ENGINEERING, INC. 110 S. Montclair Street, Suite 104 Bakersfield, CA 93309 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 5 of 12 Pages -- /. / a duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, 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. 22. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 23. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable 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. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 6 of 12 Pages -- /. / a contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 25. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN 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 DESIGN CONSULTANT other than that of an independent contractor. 26. INDEMNITY. 26.1 DESIGN 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, arising from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT, DESIGN 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 for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN 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, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of DESIGN CONSULTANT. 27. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 27.1 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 DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 7 of 12 Pages -- WAVArAL4MA �a +►a . iii 27.2 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: 27.2.1 Provide coverage for owned, non -owned and hired autos. 27.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operations coverage. 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 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 in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.5 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 8 of 12 Pages -- /. / a 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 DESIGN CONSULTANT's insurance and shall not contribute with it. 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 27.7 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. 27.8 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. 27.9 The DESIGN 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. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT 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. 27.11 It is further understood and agreed by the DESIGN 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 DESIGN CONSULTANT in connection with this Agreement. 27.12 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 DESIGN CONSULTANT. DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 9 of 12 Pages -- /. / a 28. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. 29. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN 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. 30. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN 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 DESIGN CONSULTANT prepares and confidential information given to DESIGN 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. 31. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 32. TAX NUMBERS. DESIGN CONSULTANT's Federal Tax Identification No. 26- 0060350. DESIGN CONSULTANT is a corporation? Yes x No (Please check one) 33. 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. 34. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 10 of 12 Pages -- /. / a this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 35. NEWS RELEASES /INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 36. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH, Mayor APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT Arthur Chianello, P.E. Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney "DESIGN CONSULTANT" MEYER CIVIL ENGINEERING, INC. By: Type or Print Na Title: Additional Signatures on Following Page DESIGN CONSULTANT AGREEMENT S: \TCP Removal Project \Agreements \Meyer Civil Engineering \Design- Consultant.Agr_Meyer Civil Engineering.docx Updated - March 9, 2015 -- Page 11 of 12 Pages -- /. / a Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Exhibit "A" Certificate of Insurance DESIGN CONSULTANT AGREEMENT S:\TCP Removal Project\Agreements\Meyer Civil Engineering\Design-Consultant.Agr_Meyer Civil Engineering.docx Updated — March 9, 2015 -- Page 12 of 12 Pages -- WAVArAL4MA August 30, 2017 Mr. Art Chianello, Manager City of Bakersfield Water Resources Department 1000 Buena Vista Road Bakersfield, CA 93311 Exhibit A 110 S. Montclair Street -Suite 104, Bakersfield, CA 93309 Phone 661. 836 -9834 FAX 661.836 9761 In Regard to: Professional Engineering Services for the City of Bakersfield TCP Mitigation Project Dear Mr. Chianello, I am pleased to provide this proposal to you for engineering services for the City of Bakersfield TCP Mitigation Project. Meyer Civil Engineering, Inc. is to provide limited construction management services for the design -build project. Scope of Services: Meyer Civil Engineering, Inc. will perform the following services to assist in the above referenced project: 1. Participate in weekly project construction meetings. 2. Assist in Coordination of field inspection staff and Cal Water to support construction operations. 3. Assist and assure documentation of construction operations (as -built plans). 4. Maintain a written record of the events of the project (monthly reports). 5. Review monthly pay estimates. 6. Assist in maintaining project documents. 7. Confirm receipt of record drawings, O &M manuals, warranties, etc. 8. Assist in coordination of shutdown and return to service for wells for water lube conversion. 9. Observe and inspect field construction activities. 10. Schedule, coordinate and document third party inspection. 11. Confirm construction is in compliance with plans and specs. 12. Prepare daily reports that describe work performed, manpower, equipment, etc. 13. Assist in the operational start -up and testing of facilities. 14. Perform walk- through and prepare preliminary punch list for Substantial Completion and document completion. 15. Other tasks that may be required at the request of the City. The above tasks are as listed on the "CM Scope of Work" prepared by WM Lyles Co. N: \COB \Well Inspection\Proposal -TCP_ Mitigation- ConstMang- 8- 30- 17.docx Water RPSOureeEngineeiing -Drainage wtUdiea and Design • Sewe.r Design -Pump Station Design *FEMA &LAes -Plan ail Map .dhec'kOg SG'rViC➢eS wMuniciPaI . 0nSuliir'Ig MI ,&[VJJrA&JMA La +►a +► Exhibit A Letter Proposal for the City of Bakersfield TCP Mitigation Project Page 2 Schedule: We will schedule personnel as required by the construction schedule for the project. Presently this time frame is estimated to be from October 25, 2017 to June 14, 2018. Planned personnel are Rick Millwee and Aaron Meyer. Richard Meyer will also be available to assist with technical issues as needed. Cost of Services: Meyer Civil Engineering, Inc. proposes to perform the above described work on a time and materials basis with an estimate not -to- exceed the amount of $275,000.00. Please find our attached Work Breakdown Schedule for details. The hours posted on the Work Breakdown Schedule are based on the proposed WM Lyles Company project schedule plus a 10% contingency. The rate included on the schedule is based on the current prevailing wage as established by the State of California. The next scheduled date for wage increase for this inspector category is July 1, 2018. In the event the project extends past this date the higher rate will have to be paid from that date forward. Thank you for the opportunity to provide the proposal. We very much look forward to assisting you on this very important project. Sincerely, Richard Meyer Meyer Civil Engineering, Inc. N: \COB \Well Inspection\Proposal -TCP_ Mitigation- ConstMang- 8- 30- 17.docx Wator R0S0Urcx¢r Erigfinoerinq •Drainaga, rtudic s and Dosigrr - S wef Desiig; n -Purnp Station Design -FEMA Stc 6c.s -Plan and Map t hoc kk)g Sorvlrci3 • ML4rllf ipal Cc7nsulling ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Agreements n. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 9/7/2017 111-11 N 03 SUBJECT: Amendment No. 2 to Agreement No. 13-165 with Bakersfield Society for the Prevention of Cruelty to Animals for the management of the City's Animal Care Center. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Since October 1, 2013, the City has contracted with the Bakersfield Society for the Prevention of Cruelty to Animals (SPCA) to operate the City of Bakersfield Animal Care Center (CBACC) located at 201 South Mount Vernon Avenue. The original contract with the SPCA was for one year and included three consecutive one-year extensions (through September 30, 2017), provided neither party terminated the agreement. The initial annual contract cost was $742,000 and was based on estimates of expected costs with no direct knowledge of the actual costs due to this being a new endeavor at the time. Under the existing contract, the SPCA has a broad range of responsibilities related to the management of CBACC which include, but are not limited to, the following: • Intake and processing of animals during the hours the facility is open to the public • Daily management and staffing of the facility including: • Appropriately placing animals within the facility • Daily cleaning of kennels and feeding of animals housed at the facility • Supervision of daily operations including contract animal care workers • Facilitate adoption and rescue activities • Provide for needed veterinary services On September 16, 2015, the City Council approved Amendment No. 1 to Agreement 13-165, which adjusted the annual contract compensation from $742,000 to $802,000 and included an annual Consumer Price Index adjustment for the remaining term of the agreement. The expiration of the last of the three one-year extension periods is set for September 30, 2017, and W ,&VffJWLqMA included an annual contract cost of $806,812. This amendment will provide a new term effective October 1, 2017, through September 30, 2018, and will also include four consecutive one-year extension periods, unless either party terminates the agreement. In addition, this amendment will adjust the annual compensation to $840,000 beginning October 1, 2017. The annual contract increase of $33,188 or roughly four percent is necessary to compensate for a couple of factors including projected annual increases to minimum wage and minor staffing adjustments related to program expansion. Consistent with the existing contract with the SPCA, future extension years provided for under this amendment will be subject to an annual Consumer Price Index adjustment in order to keep up with annual cost increases associated with necessary products and supplies utilized in the operation of CBACC. During the past four years, the City has been very pleased with the relationship that has been established with the SPCA via the agreement that is subject to this amendment. In the opinion of staff, the SPCA has gone beyond the requirements of the agreement with the City to provide value added benefits which have led to the consistent annual improvements we have enjoyed with respect to reductions in animal intake and increases in live release rates. These value added benefits include development of partnerships with rescue organizations, media relation activities that have bolstered adoption efforts, securing of grant funds to further CBACC programs and donation generation which has led to expansion of onsite surgical capabilities. It is for these reasons that staff strongly supports the approval of this amendment and the continuation of the City's partnership with the SPCA to operate CBACC. The costs associated with this amendment are accounted for in the Police Department's Operating Budget and no budgetary action is necessary in relation to the requested action. F-11 1i all M I ��i 14 Ll k &I Description Type D Amendment No 2 to Agireeirnent No 13 '165 Agireeirnent AGREEMENT NO. 13- 165(2) AMENDMENT NO. 2 TO AGREEMENT NO. 13 -165 ANIMAL SHELTER MANAGEMENT AGREEMENT THIS AMENDMENT NO. 2 TO AGREEMENT NO. 13 -165 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and THE BAKERSFIELD SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, a corporation ( "SPCA' herein). RECITALS WHEREAS, on September 25, 2013, CITY and SPCA entered into Agreement No. 13 -165 for the management of the City of Bakersfield Animal Care Center ( "CBACC "); and WHEREAS, said Agreement No. 13 -165 was for an initial one -year term beginning October 1, 2013 with three additional one -year extensions, making the expiration date of the Agreement September 30, 2017; and WHEREAS, since assuming management of CBACC on October 1, 2013, SPCA has successfully managed CBACC in a manner that has resulted in reduced annual intake numbers and increases in annual live release numbers; and WHEREAS, in order to maintain the forward momentum at CBACC, CITY desires to extend this contract for an additional one -year term with four additional one -year extensions; and WHEREAS, the compensation amount in the original agreement was based on estimates of the costs that would be required to operate CBACC in an efficient manner; and WHEREAS, due to the increased cost of shelter supplies and employee costs, it is necessary to increase the compensation paid to SPCA; and WHEREAS, accordingly, CITY and SPCA desire to amend Agreement No. 13 -165 to increase the annual compensation component. Amendment No. 2 to Agreement No. 13 -165 S: \Steve Teglia \Animal Control \CBACC_2013_2017 \SPCA 2017 Contract Extension \SPCA.13- 165(2)_Final.docx -- Page 1 of 3 Pages -- /. / a NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SPCA mutually agree as follows: 1. Section 1 of Agreement No. 13 -165 entitled "TERM" is hereby amended to read as follows: 1. TERM. This Agreement will be effective from October 1, 2017 through September 30, 2018. The term of this Agreement will be extended for four consecutive one -year periods unless either party terminates this Agreement as set forth below. 2. Section 2 of Agreement No. 13 -165 entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. 2.1. Payment for Services. City will compensate SPCA a total of $840,000.00, which includes a management fee of $97,000.00, for performing the services called for in this Agreement. The compensation may be increased or decreased pursuant to paragraph 2.3 below. City will make twelve monthly payments of $70,000.00 beginning October 1, 2017 through September 1, 2018. Beginning October 1, 2018, the Payment for Services will be adjusted annually by the Consumer Price Index per the U.S. Department of Labor, Bureau of Labor Statistics (1982 - 1984 =100) for west B/C (less than 1.5 million population) urban wage earners and Clerical Workers (CPI -W). 2.2. Accounting. On a monthly basis, SPCA will provide CITY with an accounting of actual and necessary expenditures reasonably incurred in the performance of this Agreement. In addition, SPCA will provide CITY with an accurate accounting of the number and type of animals taken into the Facility as well as the disposition of those animals. 2.3. Evaluation of Costs. Every six months of the term of this Agreement including any extension, or at an alternate time mutually agreed to by City and SPCA, City and SPCA will review the animal intake statistics and Costs to determine if adjustments (either increase or decrease) in Payment for Services are necessary. The Management fee of $97,000 shall not be subject to adjustment. Adjustments will be for changes in supplies or staffing. City will proportionately increase or Amendment No. 2 to Agreement No. 13 -165 S: \Steve Teglia \Animal Control \CBACC_2013_2017 \SPCA 2017 Contract Extension \SPCA.13- 165(2)_Final.docx -- Page 2 of 3 Pages -- /. / a �a .a decrease the total monthly payments if the annual intake necessitates an increase or decrease in staff, food, medical supplies, cleaning expenses or surgical supplies. 3. Except as amended herein, all provisions of Agreement No. 13 -165 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 13 -165 to be executed the day and year first above written. "CITY" "SPCA" CITY OF BAKERSFIELD SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS KAREN GOH Mayor APPROVED AS TO CONTENT: OFFICE OF THE CITY MANAGER ALAN TANDY City Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney LIN LIN JULIE JOHNSON Executive Director KATY CHRISTENSON President of the Board COUNTERSIGNED: By: NELSON SMITH Finance Director Amendment No. 2 to Agreement No. 13 -165 S: \Steve Teglia \Animal Control \CBACC_2013_2017 \SPCA 2017 Contract Extension \SPCA.13- 165(2)_Final.docx -- Page 3 of 3 Pages -- WAVArAL4MA a . a ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Agreements o. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/2/2017 111-11 V 03 SUBJECT: Amendment No. 4 to Agreement No. 14-272 with Equarius Waterworks, Meter & Automation Group ($100,000; revised not to exceed $816,229.29 and extend term one year) for the continued supply of water meters. Staff recommends approval of the amendment. BACKGROUND: On October 22, 2014, the City Council approved the annual contract for the supply of water meters with the low bidder EQUARILIS Waterworks, in the amount of $716,229.29; renewable annually there after for four consecutive one-year periods. On April 22, 2015, the City Council approved Amendment No. 1 allowing the name change to Ferguson Enterprises, Inc. dba Equarius Waterworks, Meter & Automation Group. On September 16, 2015, the City Council approved Amendment No. 2 extending the term one year. On September 28, 2016 the City Council approved Amendment No. 3 extending the term one year. Currently, there is $201,000 available on this agreement. The vendor has performed satisfactory per the terms of the agreement. This amendment allows a three percent increase in the unit price due to the rising cost of metal products. This increase is allowed per the terms of the agreement. Extending the term one year and adding $100,000 allows the City to continue to meet the need to supply water meters. If approved, Amendment No. 4 extends the term one year and add $100,000. Funds are budgeted in the Water Resources Department operating budget for this contract. There is no General Fund impact associated with this agreement. Approval of the amendment allows the City to continue to meet the demand for water meters. ATTACHMENTS: Description Type D Amendment No 4 to /kgirntl 4 272 E(jUaidUS fir iteirworks /kgireeirneint AGREEMENT NO. 14 -272 (4) AMENDMENT NO. [4] TO AGREEMENT NO. 14 -272 THIS AMENDMENT NO. 4 TO AGREEMENT NO. 14 -272 is made and entered into on , by and between the City of Bakersfield, a municipal corporation (referred to herein as "CITY "), and FERGUSON ENTERPRISES, INC., DBA EQUARIUS WATERWORKS, METER & AUTOMATION GROUP (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the October 22, 2014, the CITY and CONTRACTOR have entered into Agreement No. 14 -272; and WHEREAS, on April 22, 2015, council approved Amendment No. 1 changing the name of the company; and WHEREAS, on September 16, 2015, council approved Amendment No. 2 extending the term one year; and WHEREAS, on September 28, 2016, council approved Amendment No. 3 extending the term one year; and WHEREAS, the parties desire to amend Agreement No. 14 -272 to extend the agreement term to, October 22, 2018, and increase compensation ONE HUNDRED THOUSAND DOLLARS ($100,000) with an increase in unit cost of three percent (3 %) per Exhibit A attached hereto and incorporated by reference herein to allow continuance of providing supply of water meters. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 14 -272 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 NOT TO EXCEED EIGHT HUNDRED SIXTEEN THOUSAND TWO HUNDRED TWENTY -NINE DOLLARS AND 29/100 CENTS ($816,229.29) in accordance with the bid documents. -- Page 1 of 3 Pages -- 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. 2. Section 12 of Agreement No. 14 -272 entitled "TERM" is hereby amended to read as follows: 12. TERM. Contractor shall provide services in strict accordance with the terms set forth in this Agreement through October 22, 2018, unless sooner terminated as set forth in this Agreement. The Agreement shall be renewable annually thereafter for one (1) consecutive one -year periods. Renewal options shall be exercised at the sole option and discretion of the City of Bakersfield. 3. Except as amended herein, all provisions of Agreement No. 14 -272 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to Agreement No. 14 -272 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor "CONTRACTOR" EQUARIUS WATERWORKS, METER & AUTOMATION GROUP By: Print Name: Title: -- Page 2 of 3 Pages -- APPROVED AS TO CONTENT: FINANCE DEPARTMENT 1.2 RANDY MCKEEGAN Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director Insurance Approved by Risk Management -- Page 3 of 3 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Agreements p. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/1/2017 N11-11 V SUBJECT: Amendment No. 1 to Agreement No. 15-219 with BC Laboratories ($50,000; revised not to exceed $200,000 and to extend term one year) to provide laboratory services for the Public Works Department, Wastewater Division. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The Public Works Department, Wastewater Division, is required to regularly collect and analyze samples from Wastewater Treatment Plants Nos. 2 and 3, industrial waste customers, groundwater monitoring wells, and other compliance monitoring related projects. These laboratory results are submitted to federal and state monitoring agencies; therefore, laboratory analyses must be performed by a certified laboratory. On September 16, 2015, the City Council approved Agreement No. 15-219 with BC Laboratories to provide the required laboratory services and perform required laboratory analyses. BC Laboratories was selected through a formal request for qualifications/proposal (RFQ/P) process. The original agreement provided for laboratory services for a two year term, not to exceed $150,000. The original agreement also provided for an option to extend the term for one additional year. Because of the satisfactory service provided by the contractor, staff recommends extending the term for one additional year. Currently, $46,000 of compensation remains under the original agreement. Staff recommends increasing the compensation by $50,000, for a revised not to exceed amount of $200,000, to provide sufficient funding for an additional year. This proposed amendment extends the term for one additional year and increases the compensation amount by $50,000. Staff anticipates that a formal RFQ/P process will commence in early summer 2018 for a new agreement for laboratory services and required laboratory analyses. Sufficient funds are budgeted to fund this amendment. Sewer Enterprise funds provide the funding source for this agreement; therefore, there is no General Fund impact associated with this amendment. F-11 Ii all M I ��i 14 LI 11 &1 Description Type D Agireeirneint '1 5 219/kirneindirneintl Agireeirneint AGREEMENT NO. AMENDMENT NO. ONE [11 TO AGREEMENT NO. 15 -219 THIS AMENDMENT NO. ONE (1) TO AGREEMENT NO. 15 -219 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as "CITY "), and BC LABORATORIES, INC., a Corporation, (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the 16th of September of 2015, the CITY and CONTRACTOR, entered into Agreement No. 15 -219 wherein CONTRACTOR would provide laboratory services for the Wastewater Division; and WHEREAS, the parties now desire to enter into Amendment No. One (1) to Agreement No. 15 -219, to renew and extend Agreement No. 15 -219 in accordance with the original terms of said agreement; and WHEREAS, additional work shall be required by CONTRACTOR to provide the required laboratory services; and WHEREAS, CONTRACTOR has agreed to additional compensation of Fifty Thousand Dollars ($50,000) above the previously established compensation of One Hundred Fifty Thousand Dollars (S150,000) for the additional required laboratory services. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. 15 -219 as follows: 1. Section 2 of Agreement No. 15 -219 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 Hundred Thousand Dollars ($200,000) which shall be paid as follows: upon successful completion of laboratory services as requested by the Wastewater Division and at the rates specified in Exhibit B, AMENDMENT TO AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Laboratory Services \2015Wgreement 15 -219 Amendment 1.docx September 6, 2017 -- Page 1 of 3 Pages -- 09120117 CC AGENDA PACKET PG 463 attached hereto and incorporated by reference herein. 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. 2. Section 12 of Agreement 15 -219 entitled "Term" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on September 30, 2018. 3. Except as amended herein, all other provisions of Agreement No. 15 -219 shall remain in full force and effect. AMENDMENT TO AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Laboratory Services \2015Wgreement 15 -219 Amendment 1.docx September 6, 2017 -- Page 2 of 3 Pages -- 09120117 CC AGENDA PACKET PG 464 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One [1] to Agreement No. 15 -219 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney II Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" BC LABORATORIES, INC. By: Print Name: Title: AMENDMENT TO AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Laboratory Services \2015Wgreement 15 -219 Amendment 1.docx September 6, 2017 -- Page 3 of 3 Pages -- 09120117 CC AGENDA PACKET PG 465 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Agreements q. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/6/2017 111-11 V 03 SUBJECT: Amendment No. 1 to Agreement No. 16-220 with Tate's Janitorial Service ($51,135; revised not to exceed $98,935 and extend term one year) for the continued supply of janitorial service at the Amtrak Station. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On September 28, 2016, the City Council approved the annual contract for janitorial services for the Amtrak Station with Tate's Janitorial Service in the amount of $48,700; renewable annually thereafter for four one-year periods. This amendment allows a five percent increase in the compensation to meet the increased cost of minimum wage effective January 1, 2018. The annual increase amount if approved will be $2,435. This increase is allowed per the terms of the agreement. If approved, Amendment No. 1 extends the term one year and add $51,135. The funding source for this service is Transportation Development Act Article 4 Public Transportation funds administered by the Kern Council of Governments. There is no General Fund impact associated with this contract. Approval of the amendment allows the City to continue to meet the demand for janitorial service at the Amtrak Station. ATTACHMENTS: Description Type D Amendment No 1 to /kgirnt 16 220 '11ites JaiNtoir4 Sari vice /kgireeirneint AGREEMENT NO. 16 -220 (1) AMENDMENT NO. [1] TO AGREEMENT NO. 16 -220 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 16 -220 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and TATE'S JANITORIAL SERVICE (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the September 28, 2016, the CITY and CONTRACTOR have entered into Agreement No. 16 -220; and WHEREAS, the parties desire to amend Agreement No. 16 -220 to extend the agreement term one year and increase compensation FIFTY -ONE THOUSAND ONE HUNDRED THIRTY -FIVE DOLLARS AND no /100's); to allow continuance of providing Amtrak Station janitorial service; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 16 -028 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 NOT TO EXCEED NINETY -EIGHT THOUSAND NINE HUNDRED THIRTY -FIVE DOLLARS AND no /100's ($98,935.00) in accordance with the bid documents. 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. 2. Section 12 of Agreement No. 16 -220 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term. The -- Page 1 of 3 Pages -- agreement shall be renewable for three consecutive one -year periods at the City's option and upon mutually agreeable terms. 3. Except as amended herein, all provisions of Agreement No. 16 -220 shall remain in full force and effect. •�• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 16 -220 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD TATE'S JANITORIAL SERVICE KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT RANDY McKEEGAN Assistant Finance Director in Print Name: Title: -- Page 2 of 3 Pages -- APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director Insurance Approved by Risk Management -- Page 3 of 3 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Agreements r. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 9/7/2017 WARD: Ward (s) 2, 3, 4, 5, 6, 7 SUBJECT: Design/build agreement for the 1,2,3 - Tric hloro propane (TCP) Mitigation Project: 1. Amendment No. 2 to Agreement No. 17-084 ($1,000,000; revised not to exceed $2,839,662) for design and construction costs associated with the TCP Mitigation Project. 2. Appropriate $1,000,000 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Water Fund. STAFF RECOMMENDATION: Staff recommends approval of the amendment and appropriation of the funds. BACKGROUND: On July 18, 2017, the State Water Board adopted new maximum contaminate levels for the contaminate 1,2,3 - Trichloropropane (TCP) in groundwater. These new regulations are applicable to drinking water served by public water systems, including the City's domestic water system. To come into compliance, the City must install treatment infrastructure at certain impacted City-owned wells and make other improvements to the City's domestic water system. As part of this effort, the City entered into a design/build contract with W. M. Lyles for Phase 1 work of the TCP Mitigation Project. This agreement was approved at the June 15, 2017, City Council meeting. The Phase 1 work included design of treatment and other system improvements for 27 of the City's 41 wells that have TCP contamination. Phase 1 has been completed and now the project must continue into Phase 2. Phase 2 includes final design, permitting, and construction costs associated with treating TCP at the 27 City wells. City staff has been working with W.M. Lyles to develop a guaranteed maximum price (GMP). The GMP for the Phase 2 is approximately $19.3 million and will be presented for City Council consideration on October 11, 2017. The GMP cannot be approved by the City Council until that date since the City does not have full funding from the issuance and sale of the Domestic Water Revenue Bonds. A resolution for the sale of the bonds was approved on September 6, 2017. It is anticipated the bonds will be sold and the City will have the available funding just prior to the City Council meeting on October 11, 2017. It is critical to the TCP Mitigation Project that W.M. Lyles has authorization to begin small portions of the Phase 2 project prior to funding from the sale of the bonds being received by the City so the project can remain on schedule. The schedule must be adhered to so the City's water system remains in compliance with the State's regulations during construction. Project activities covered under this amendment will include (in the early work items of Phase 2) completion of the 100 percent design plans, related pre-construction project costs, and permitting activities. These tasks will be completed on a time and materials basis, and the $1,000,000 will be deducted from the $19.3 million GMP, which is anticipated to be approved at the City Council meeting on October 11, 2017, if the sale of the bonds proceed as planned. The compensation for the contract to W. M. Lyles per Agreement No. 17-084 is currently a not to exceed amount of $1,839,662.00. City staff recommends the appropriation of $1,000,000 from fund balance to the Water Resources Capital Improvement Program budget within the Domestic Water Fund. If approved, Amendment No. 2 revises the not to exceed amount of the contract to $2,839,662. There will be no impact to the General Fund with approval of the amendment and appropriation of funds. ATTACHMENTS: Description D Amendment No 2 D EkNNt IB Type /kgireeirneint BackU IMateir4� AGREEMENT NO. 17-084(2) AMENDMENT NO. TWO [21 O AGREEMENT NO. 17 -084 THIS AMENDMENT NO. TWO (2) TO AGREEMENT NO. 17 -084 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as "CITY "), and W. M. LYLES, a California corporation, (referred to herein as "DESIGN /BUILDER "). RECITALS WHEREAS, on the 28th of June of 2017, the CITY and DESIGN /BUILDER entered into Agreement No. 17 -084, wherein DESIGN /BUILDER shall complete the scope of work relating to Phase 1 of the "TCP Mitigation Project" as described in Exhibit "A" of the agreement; and WHEREAS, on the 16th of August of 2017, the CITY and DESIGN /BUILDER entered into Amendment No. 1 to Agreement No. 17 -084 for design and construction of a pipeline connecting Olcese 2 to Olcese 3 in association with Phase 1 of the TCP Mitigation Project; and WHEREAS, Phase 1 of the TCP Mitigation Project as described in Exhibit "A" of Agreement No. 17 -084 has been completed and the parties now desire to enter into Amendment No. 2 to Agreement No. 17 -084 to begin the scope of work relating to Phase 2 as described in Exhibit "C "; and WHEREAS, CITY and DESIGN /BUILDER have agreed to increase compensation by ONE MILLION DOLLARS ($1,000,000) to begin Phase 2 of the TCP Mitigation Project. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN /BUILDER mutually agree to amend Agreement No. 17 -084 as follows: 1. Section 2 of Agreement No. 17 -084 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 not to exceed TWO MILLION EIGHT HUNDRED THIRTY -NINE THOUSAND SIX HUNDRED SIXTY -TWO Dollars ($2,839,662.00) which shall be paid as follows: -- Page 1 of 3 Pages -- 09120117 CC AGENDA PACKET PG 472 2.1. Payment for Phase 1 Services shall be made on a monthly basis for services provided and according to the schedule of values in Attachment C of the Special Provisions; 2.2. The compensation set forth in this section shall be the maximum compensation which DESIGN /BUILDER may receive under this Agreement including, but not limited to, all out - of- pocket costs and taxes. CITY shall pay nothing above the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a five percent (5 %) retention shall be withheld from payments to DESIGN /BUILDER by CITY. The five percent (5 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been released or otherwise cleared to the satisfaction of the CITY. 2. Except as amended herein, all other provisions of Agreement No. 17 -084 shall remain in full force and effect. -- Page 2 of 3 Pages -- 09120117 CC AGENDA PACKET PG 473 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Two [2] to Agreement No. 17 -084 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT ART CHIANELLO Water Resources Manager COUNTERSIGNED: By: NELSON SMITH Finance Director "DESIGN /BUILDER" W. M. Lyles IN Print Name: Title: Attachment - Exhibit "B" - Letter to City from W. M Lyles -- Page 3 of 3 Pages -- 09120117 CC AGENDA PACKET PG 474 Exhibit B Corporate Office P.O. Box 4377 Fresno, CA 93744-4377 Telephone (559) 441-1900 Fax (559) 487-7958 www.wmlyles.com An Equal Opportunity Employer California Contractor's License No. 422390 September 1, 2017 Mr. Art Chianello Water Resources Manager City of Bakersfield 1000 Buena Vista Road Bakersfield, CA 93311 Email: achianel@bakersfieldeity.us Subject: TCP Mitigation Project Phase 2 Limited Scope of Work Amendment Dear Mr. Chianello: The Phase 2 GMP Proposal for Design-Build services for the TCP Mitigation Project is scheduled to be presented for City Council approval on September 20, 2017. The value of the package will require the City to secure bond financing and that is scheduled to occur in mid-October. In order for the Phase 2 work to proceed without impacting the project completion schedule, we are requesting that an amendment be executed that will authorize the W. M. Lyles Co. Design-Build Team to proceed with a Phase 2 Limited Scope of Work, as defined below. We are requesting that the amendment have a value of $1,000,000. Phase 2 Limited Scope of Work • Perform General Project Administration • Proceed with Completion of 100% Design Plans and Specifications • Prepare QA/QC Program • Prepare Health and Safety Program • Participate in Project Meetings • Perform Preconstiuction Planning • Continue with Permitting Tasks • Issue Limited Purchase Orders and Subcontracts • Process Submittals and RFI's Please give this matter your consideration and contact me with any questions or concerns. Sincerely, Corporate Office: 1210 W. Olive, Fresno, CA 93728 Bakersfield (661) 387-1600 i Fresno (559) 268-1540 P Temecula (951) 973-7393 J S00912011 7 CC AGENDA PACKET PG 475 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent - Agreements s. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/24/2017 iTiff-11 1.1 SUBJECT: Contract Change Order Nos. 3, 4, 5, 6, and 7 to Agreement No. 17-044 with Security Paving Company ($134,049.80; revised not to exceed $41,293,271.90; change orders funded 80 percent with Federal Earmark funds and 20 percent with Capital Outlay Utility/Roads funds) for the Kern River Bridge Improvement Project. (TRIP) Staff recommends approval of the contract change orders. BACKGROUND: The Kern River Bridge Improvements Project (KRBI) is the first phase of the Centennial Corridor Project. The project includes the widening of two existing bridges that cross over the Kern River and Truxtun Avenue. These widened bridges will ultimately become the mainline freeway for both eastbound and westbound traffic on future State Route (SR) 58. The project also includes the construction of the future westbound SR 58 off-ramp to Mohawk Street. This off-ramp requires the construction of two new bridges: one to cross over the Kern River and one to cross over Truxtun Avenue. Other improvements include widening of the existing on-ramp from Mohawk Street to eastbound SR 58 and installation of ramp metering facilities; storm drainage facilities including retention basins; traffic signal system modifications; a retaining wall along the future westbound SR 58 off-ramp to Mohawk Street; signing and striping improvements; and replacement of the metal beam guardrail around the perimeter of the eastbound off-ramp to Truxtun Avenue with a concrete barrier. Change Order No. 3 provides compensation to the contractor for modifications and repairs to a storm drain system. During the construction of a new storm drain system, it was discovered that various field conditions were not compatible with the proposed grades and alignments shown in the design plans for this storm drain system. Redesign or field modifications are necessary to the storm drain system to adjust to these unexpected field conditions. This work includes the removal of an existing manhole, the installation of additional reinforced concrete pipe, and the removal of 18 inch reinforced concrete pipe. This contract change order results in an estimated increase of $34,049.80. WAVArAEqMA Change Order No. 4 provides compensation to the contractor to pay for the City's share of the cost for the Partnering Program. Per Caltrans Standard Specifications, for all projects with a construction cost of over $10 Million, the contractor and the contracting agency (City) are required to participate in a Partnering Program for the duration of the construction activities. This Partnering Program promotes a better relationship and a long-term commitment between the construction contractor and the agency to achieve a common goal. This requires changing traditional adversarial relationships into team-based relationships. Partnering promotes open communication among participants, trust, understanding, and teamwork. The expenses include a certified facilitator for the Partnering Program, two initial sessions, monthly surveys, and quarterly follow-up meetings. All associated partnering costs are split equally between the City and the contractor. The contractor is required to front the cost of the Partnering Program and the City will reimburse the City's share through a Contract Change Order. While the City's share of the cost of this item is budgeted for in the project budget as a "Supplemental Work Item," it is not included in the contractor's bid. The estimated cost for this change order is $20,000. Change Order No. 5 provides compensation to the contractor for the maintenance of the Storm Water Pollution Prevention Plan (SWPPP) devices installed throughout the project. The contractor initially implements these SWPPP measures according to the construction plans. However, through the course of the construction activities, these measures need maintenance or replacement. The City and the contractor equally share the cost for this required maintenance. The project engineer orders this additional maintenance work and approves the costs for payment. This contract change order results in an estimated increase of $35,000. Change Order No. 6 compensates the contractor for implementing and paying the City's share for the Caltrans' required Dispute Resolution Board (DRB). In accordance with Caltrans Specifications, a DRB is to be established at the beginning of the project. Meetings every three months are required to keep the DRB updated on the progress of the project and to help in the resolution of any informal claims from the contractor or the City. The contractor and the City equally share the cost of this DRB. This contract change order results in an estimated increase of $20,000. Change Order No. 7 provides compensation to the contractor for 50 percent of the flagging services cost. In accordance with the contract documents, the contractor and the City share the cost related to flagging services when required by the specifications and directed by the City. Once the costs have been incurred, the City reimburses half of this cost when the proper documentation and justification has been reviewed and approved by the City. This contract change order results in an estimated increase of $25,000. The net cost increase of Contract Change Order Nos. 3, 4, 5, 6 and 7 is $134,049.80. The sum of all change orders to date on this project reflects a total cost increase of $134,049.80 (which results in a 0.3 percent increase of the original contract amount) as illustrated below: Original Contract Amount = $41,159,222.10 Previous Change Orders = $ 0 Current Change Orders Nos. 3,4,5,6 and 7 = $ 134,049.80 Amended Contract Agreement after CCOs = $41,293,271.90 Net Increase to date = $ 134,049.80 Adequate federal and local funds have been previously budgeted to cover these additional costs. There is no General Fund impact associated with these change orders. ATTACHMENTS: Description D KR& CCO 3 D KR&i CC04 D KR& CCO 5 D KR& CCO 6 D KR& CCO 7 Type /kgireeirneint /kgireeirneint /kgireeirneint /kgireeirneint /kgireeirneint CITY 0FBAKERSFlEU0 81 Thomas Roads Im nt Program CONTRACT CHANGE ORDER Or e CONTRACT NO, CHANGE ORDER NO, 3 pn,l___________ pncuEcr: Kern River Bridge CONTRACTOR-. -Security ADDRESS: 2915 Fairhaven Drive mc pL FEDERAL NO. (S) Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIi7_6E_SC9i9E5 ANGES FROM THE PLANS AND SPECIFICATIONS onoo THE FOLLOWING WORK DESCRIBED NOT INCLUDED /m THE PLANS AND SPECIFICATIONS om THIS CONTRACT, NOTE: This change order is not effective until approved by City Council L, Cily Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle tinle. CHANGE SUBMITTED BY: Andres Roldan Construction Mana er AECOM DATE: 8/11/2017 CHANGE REQUESTED BY: Andres Rodan. Construction Mpng_qLr -AFCOM DATE: 8/11/2017 Ad justment in Compensation at Contract Unit Prices Incorporate the changes associated with Drainage System 318 into the contract work in accordance with the revised drawings D-8, DP-4, DQ-5 and l The adjustment of compensation for the Drainage System 318 changes will be per contract unit items at contract prices as follows: Decrease in Contract Item at Contract Item Price: Itern No. zo 24^ Reinforced Concrete Pipe Increase m Contract Item at Contract Item Price: Item No. as Abandon Culvert Item No. m Remove Storm Drain Item No. 4a Remove Manhole Item No, so' Sand oackhU Item mvsz(p) Minor Concrete (Minor Structure) Item No. o1 or Reinforced Concrete Pipe Item No. 1o'aa''Precast Concrete Pipe Item No. 130(F) - Miscellaneous Iron & Steel ~8 li0,35%W@ $1zs.no/Lr~$<szom»(-orasu) Total Decrease $yz000 51.3LF (+7332m)@ $11-oo/Lr~$56*30 (+2z2%) 37Lp(+2*.67%)@ $37,00V1-F=$1,369.00 (+24,67%) 2cx(+100.00%)@g2450.00/EA=$4,900.00(+10o00m) 13cY(+19A1m) @$165.00Vc,~$5*4s0 (+19A1m) 5�2c,(+4.00%) @$1'920o0.00/cv~$9'984o0 (+*.00m) m4Lr(+z4.4zY.) 0g$sxVO/e~$14,1zzoo(+z4.m%) 8e(+53»3)@g302.00VLF~$2'416u0 (+5333%) 432msl@$2.50/Les=$1'080,00 (+2,68w) Total Increase $34969�e0 Net Increase $34049.80 The quantity inov shown for bid item No. e1(p), "Minor Concrete (Minor 6trucmre)^ and bid item No. 13V(l "Miscellaneous Iron and smel,^when combined with the quantity shown in the bid item list, and as modified by any previous change orders or revisions to dimensions made by the engineer, shall hc the final quantity for which payment will hpmade. Costs are to include all labor, equipment and material, shipping fees and applicable taxes. ACCOUNT NO (S) 125-4021-825-8041 TRCC17 335-4021-825-8041 TRCC17 Total Adjustment nt Contract WnhPnicem� *34,049.88 INCREASE $34,049,80 DECREASE $M0 By reason of this order the time of City Council Approval Required YES x completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Countersigned: Finance Director Mayor I m We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that We Will provide all equipment, furnish all materials, except as may otherwise be noted above, and Derforin all services nece."ary for the work above snecified. and will accentms hill navrnew therefore the nrir- shnwn ihnvp 2! Accepted, Date: --------- Contractor :�"/ Title D — itle C- -//,X" PETE TUCCILLO uJ X .2 "P, rD Yc < 4 0 xr O -Z Nz QN ..... -- ----------- -- - WNW NGUYEN RYAN LLMO AI Z on rn 09120117 CC AGENDA PACKET PG 481 IJI T-1 Fu. t,T WI 11 -1 1' SONNY NGUYEN KMY 7/� 9/17 PETE 7 MLLO RYAN LONG I R F I' "GO �7 w 0 0 u 0 0 0 0 0 a0 a bo 0 0 0 0 0 0 Fx 0 0 0 10 C, 0 0 0 0 0 0 0 ml w 0 (A 0 0 0 0 0 0 0 y J7 q 0 alp .01 cr Z 0 0- -u4 G11. � - rNli-I 12- 30- 161 --------09120117 CC AGENDA PACKET PG 482 I r lil 01111 1, 1 ,,, ' f PETE TUCCILLO I ,I I -.y C 0 RYAN WONG "I Iz 0 I"�; $4 Ji, ..... _.J..__ --f -..._. ... ._.L -_ .� _..._ > 18" CONCRETE FES 24' CONCRETE FES 18" RCP 24" RCP 24 FRCP BORE/JACK . .. . ....... . REMOVE STORM GRAIN �o ABANDON CULVERT SAND BACKFILL (N) HEIGHr OF COVER P w, :1 A (N) HEIGHT OF INLET/MH (N) HEIGHT OF MH BOX STRUCTURE MINOR CONCRETE (MINOR STRUCTtjRE) MISCELLANEOUS IRON AND STEEL IN) MANHOLE FRAME & COVER RSP (FACING, METHOD B) RSP FABRIC (CLASS 8) Rsp (N0, 2, METHOD B) CAP INLET N 3IR . ........... 16" PRECAST Cane PIPE Al bi ... . . REMOVE INLET REMOVE MH REMOVE CONCRr CONCRETE (MISCS) —4— (N) CONCRETE COLLAR Q MINOR CONCRETE IE- (N) CONCRETE GRADE RINGS �JIN) CONCRE 'ER < 'E o x �n n m < A o 0 + 2. -F-T- + , -i- G 71 )DRAINAGE PLAN SHEET DRAINAGE SYSTEM ifWTGE7 UUUNIT al z M z BNO W.T'�'j U.7/ z- U/ L / a— 4— /-i k-7 L- I V Lf/-i r /-i a— r\ L- I r k-7 -r rA&� A nl W.T'�'j U.7/ z- U/ L / a— 4— /-i k-7 L- I V Lf/-i r /-i a— r\ L- I r k-7 -r rA&� PETE TUCC➢LLO CttkC f1' Rl- L-G -11, H111 0 o j 0 0 > 18" CONCRE FE FES 24'" CONCRETE FES 18" RC 24" RCP 24 RCP BORE/JACK REMOVE STORM DRAIN ABANDON CULVERT m Q SAND 8 ACKFgLl- MINOR CONCRETE (MIND c 6 1, R STRUCTURE) )p MISCELLANEOUS IRON AND STEEL c - M A -NH 0 L E -FRAME C -OV E R RSP (FACING, MFTHOD B) c RSP FABRIC fCLASS B) 6, RSP (NO. 2, METHOD 8) M CAP INLET (N) 36R 36" PRECAST Cone PIPE REMOVE INLEr > REMOVE MH Q REMOVE CONCRETE (MISCS) (N) CONCRETE COLLAR MINOR CONCRETE m (N) CONCRETE GRADE RINGS (N) CONCRE I'E REDUCER > > z M m 0 (A 01 P M ;=W m ' Gpl PI W 11: �' " 3 4m ail �ITE 11.1l'U -1 —,111 1 'o1-04-F7 1 n.0 Pt.TIV�� U-V12Q1l I C.C. AULNUA /'/CKt:/ PU 4d4 CONTRACTOR: Security Paving Company ADDRESS: oo1s Fairhaven Drive Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECJFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description m work mbe done, estimate m quantities, and prices *be paid, Segregate between additional work m contract price, agreed price and force account, Unless otherwise state rates for / of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Andres Roidan, Construction Manaaer. AECOM DATE: 811112017 CHANGE REOLIESTED BY: Andres Rolclan, Con gLgg�� DATE: 811112017 Adjustment in Compensation on Force Account Basis Compensate the contractor for partnering workshops during the project which is shared between the City and the Contractor in accordance with Sections 5-1.09D, "Partnering" of the Standard Specifications, Compensation for the partnering workshops will be made pursuant to Standard Specification Section g'1 .04^ "Force Account" and Special Provision Section 5-138` "Force Account Paymonr. ACCOUNT NO (S) 125-4021-825-8041 TRCC17 335-4021-825-8041 TRCC17 Total Estimate of Extra Work at Force Account Not to Exceed: $20,000.00 INCREASE DECREASE $0.00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows� None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield »pnro"alnecwmme"uvu City Engineer mav^ Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration m the change proposed and hereby agree, a this proposal is approved, that .m will provide all equipment. furnish all materials, excep ,j. as may otherwise be noted above. and perform all services necessary for the work above specified, and4ill accept as bill navinent therefore the cures shown abme Accepted, Date: �Z — Coot Title:) 6 CITY OF BAKERSFIELD NIX A a�11 P.W. Thomas Roads Improvement Program CONTRACT CHANGE ORDER OF CONTRACT NO, 17-044 CHANGE ORDER NO. 5 P.O. NO, PROJECT: -Kern River Bridge Improvements Project (KRBI) NCIIPL - 5109 (106) TRCC17 FEDERAL NO. (S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT, NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is CHANGE SUBMITTED BY: Andres Roldan. Construction Manager AECOM DATE: 8111/2017 CHANGE REQUESTED BY: Andres Rodan Construction Managg_r-AECOM DATE: 8/11/2017 Adjustment in Compensation on Force Account Basis Compensate the contractor for required SW PPP maintenance during construction activities which is shared between the City and the Contractor in accordance with Sections 13-5.04, 6.04 and 7.04, "Water Pollution Control" of the Standard Specifications, Compensation for the SWPPP maintenance work will be made pursuant to Standard Specification Section 9-1.04, "Force Account" and Special Provision Section 5-1.33, "Force Account Payment", ACCOUNT NO (S) 125-4021-825-8041 TRCC17 335-4021-825-8041 TRCC17 Totall Estimate of Extra Work at Force Account Not to Exceed: $35,000.00 INCREASE $35,000.00 DECREASE $0,00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date - -- — -------- I We. the undersigned contractor. have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we vJ11 provide all equipment. furnish all materials. except as may otherwise be noted above. aag peif2rriL Bservices, necessary for the work above specified. and will awQt m full r)avment therefore the, Writ rhown ihnvp k V 7 Accepted, Date: Y> 2> 00 1 Tille: Z -/Ar" o, 61LZ2` lz� -7 "4' CITY OF BAKERSFlELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET rem CONTRACT NO. CHANGE ORDER NO. 6 po,wu_________ PROJECT: Kern River en moorL rnoo17 FEDERAL NO. (S) CONTRACTOR: Security Paving Company Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT, NOTE: Description m work m»* done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental mequipment cover only such time i nt is actually used and no allowance will be made for idle t/ ANGE SUBMITTED BY: Andres Roldan, Construction Man�lggr_&ECOM DATE: 8/11/2017 CHANGE REQUESTED mp oxre: Adiustment in Compensation on Force Account Basis Compensate the contractor for Dispute Review Board activities and costs during the project which is shared between theQtyandthe Contractor in accordance with Sections 5-1.43E, "Alternative Dispute Resolution" of the Standard Specifications. Compensation for the invoiced costs of the Dispute Review Board will be made pursuant to Standard Specification Section 9-1 .04, "Force Account" and Special Provision Section 5-1.33."Force Account Payment". ACCOUNT NO (S) 125-4021-825-8041 TRCC17 335-4021-825-8041 TRCC17 Total Estimate of Extra Work at Force Account Not to Exceed: $20,080.OD INCREASE DECREASE $0.03 By reason of this order the time of City Council Approval Required YES X completion will »m adjusted msfollows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We. the undersigned contractor. have given carefid consideration w the change proposed and hereby agree, ifthi` proposal u approved. that wo will provide all equipmcri.furnish all materials, except as rnav otherwise he noted above, and nerform all services necessary for the work above specified. and willi accent as bull n2vrneta thereffire the - ir- �hf—n Ah—P, Title: CITY OF BAKER SFIELD R1 Thomas Roads Improvement Program CONTRACT CHANGE ORDER �Imll#m R] CONTRACT NO. 17-044 CHANGE ORDER NO. 7 P.O. NO. PROJECT: Kern River Bridge Improvements Project (KRBI) NCIIPL - 5109 (106) TRCC17 FEDERAL NO. (S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This chan e order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: ' Andres Roldan, Construction Manager,AECOM DATE: 8/30/2017 CHANGE REQUESTED BY: Andres Roldan, Construction ManagaL. �ECQMM DATE: 8/30/2017 Adjustment in Compensation on Force Account Basis Maintain roadway and provide traffic control for public convenience, as ordered by the Engineer and in accordance with Section 12-4 "Maintaining Traffic" and Section 7-1.03 "Public Convenience," and Section 7-1.04 "Public Safety" of the Contract Documents. Flagging costs will be compensated in accordance with Setion 12-1.03 "Flagging Costs," of the Contract Documents. EXTRA WORK AT FORCE ACCOUNT For the work of this change, the Contractor will be paid at extra work at force account, in accordance with Standard Specification Section 9-1,04, "Force Account" and Special Provision Section 5-1.33, "Force Account Payment". ACCOUNT NO (S) 125-4021-825-8041 TRCC17 335-4021-825-8041 TRCC17 Total Estimate of Extra Work at Force Account Not to Exceed: $25,000.00 INCREASE $25,000.00 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all maters jls,_excepLas ma otherwise be noted above, and perform all services necessary for the Work above; specified, and wjW�accept as full t)avment therefore the nrice.q shown above, -) / Z Contractor: Accepted, Date: 2 � Title: I- —) )e 0,,)q�;, c-[ IX) K, q,, ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent- Property Acquisition Agreements - TRIP t. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/8/2017 iTiff-11 1.1 SUBJECT: Contract Change Order No. 1 to Agreement No. 17-067 with Interior Demolition ($19,260; not to exceed $177,622) for demolition of improvements for Phase 20 of the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of the contract change order. BACKGROUND: This project is for the demolition of improvements, removal of structures, foundations and grading of sites to match the existing grade for miscellaneous addresses known as phase 20 of the Centennial Corridor Project. During demolition, a 30 inch concrete irrigation pipe was discovered approximately three feet below grade. At the time of bid, staff was unaware of the existence of this pipe. The contractor has agreed to remove and dispose of the pipe for a lump sum price of $19,260.00. The cost increase of Contract Change Order No. 1 is $19,260.00. The sum of all change orders to date on this project reflects a total increase of $28,260.00 (resulting in a 17.8 percent increase of the original contract amount) as illustrated below: Original Contract Amount =$158,362.00 Amended Contract Agreement after Change Orders =$186,622.00 Net Increase to Date =$ 28,260.00 This project is funded by Federal earmark funds; therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description Type D Chair ge Order /kgireeirneint CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT Memorandum TO: NICK FIDLER FROM: DON ANDERSON CCO NO: 1 SUP NO. N/A $ 19,260.00 INCREASE THIS CHANGE ORDER PROVIDES FOR: DATE: August 4, 2017 FILE: DEMOLITION OF IMPROVEMENTS PHASE 20 CCO - 001 CONTRACT AGREEMENT: 17 -067 Original Contract Amount $ 158,362.00 Is this in accordance with Environmental documents? YES X NO City Council approval required? YES X NO Work required to remove and dispose 30" diameter concrete irrigation pipe 3 feet below grade from south of Wood Lane to Belle Terrace. CCO DISCUSSED WITH: 1) 2) 3) 4) Assistant Director of Public Works Engineer IV - Design District 06 Construction Demolition Manager Name Name Prior Approval By: Date Prior Approval By: Date Suppl. Funds Provided $ David M. Cosper ESTIMATE OF COST This CCO Total to Date Items $0.00 Force Amount $0.00 Agreed Price $19,260.00 $19,260.00 Adjustment $0.00 Total $19,260.00 $19,260.00 Fund Segregation: Federal No. NCIIPL 5109 (210) 100 % COPY DIS'IR IM l'I' ]ON . tIRR;INAL41 I C'I.I:RK. WI I] I FCON IRAC'IY IR. I iLUF- ONS'I R IIC I' R IN. GREEN- CO N ' I RAC IOR 'S IN] 0,YITLOW- C'AI.IBANS, PINK EN6R.60LD-11IRCHASINO CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 17 -067 CHANGE ORDER NO. CCO - 001 P. O. NO. 18003 PROJECT: DEMOLITION OF IMPROVEMENTS SHEET 1 OF 1 PHASE 20 TRCC 14 CONTRACTOR: Interior Demolition, Inc. NCIIPL 5109 (210) ADDRESS: 2621 Honolulu Avenue FEDERAL NO. (S) Montrose, CA 91020 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate bel—en additional work of contract price, agreed price and force account . Uri— other, ise stated, rates for rental of equipment corer only such time as equipment is actualh used and no allowance will be made for idle time. CHANGE REQUESTED BY: David M. COsper SUBMITTED BY: Don Anderson DATE: August 4 2017 Demolition Manager Project Manager Work required to remove and dispose 30" diameter concrete irrigation pipe 3 feet below grade from south of Wood Lane to Belle Terrace. ACCOUNT NO (S) 125 - 4021- 825- 80.11(TRCC14 INCREASE $19,260.00 DECREASE By reason of this order£ h time of City Council Approval Required YES X completion will be a ustel as follows: N 4 Working Days NO Approved As tdtkorm: CITY ATTORNEY 6 ® , I Approved by the CouncAdWCityofBakersfieId Approval Recommended: City Eplgitl'er ,sr° Mayor Countersigned: Finance Director W, the eede go,,d m Mwl <n_ le,e given umh l emuldernnon to the dcaige proposed and perch, agree, aldu, pmlxrml is >pmvcd, nun �� will pmv de all equipment, lumish all malenal., c eta as na, "Ilx .w I nolcd ;dxivc, W re'llimn all sc , I—.....r, lie the ..ark al spec 'cd, and will ace ryx kal P:nmenl III—on We paces shown ulx,vc ev- Accepted, Date: August 4, 2017 Contractor: Date Title: CONTRAC MR COPY ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent- Bids u. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/5/2017 111-11 V 03 SUBJECT: Extend bid from Golden State Peterbilt, Bakersfield, ($1,363,835.56) for four replacement three-axle side-loading refuse trucks for the Public Works Department, Solid Waste Division. STAFF RECOMMENDATION: Staff recommends extension of the bid. BACKGROUND: The Public Works Department, Solid Waste Division, uses a three-axle style side loading refuse trucks for household refuse collection and in instances of smaller areas such as refuse pickup in alleys. On September 22, 2010, Council accepted the bid from Golden State Peterbilt, Bakersfield, for a three-axle side loading refuse truck. The bid specifications included a provision whereby, the City may purchase additional units with modifications for an additional seven years, with price adjustments due to increases in the Consumer Price Index (CPI). Golden State Peterbilt has offered to extend its bid price with a five percent increase, which is well below the 7.8 percent CPI fluctuation since the original bid was approved. The adjusted unit price will be $340,958.89 for a total cost of $1,363,835.56 for the purchase of four trucks. The four refuse trucks to be replaced are past recommended replacement dates and will soon require major hydraulic and body repairs. Funds are budgeted in the Equipment Management Fund for the purchase of four three-axle side-loading refuse trucks for the Solid Waste Division. ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent -Bids v. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/5/2017 111-11 V 03 SUBJECT: Extend bid from Golden State Peterbilt, Bakersfield, ($331,329.71) for a replacement four-axle front-loading refuse trucks for the Public Works Department, Solid Waste Division. STAFF RECOMMENDATION: Staff recommends extension of the bid. BACKGROUND: The Public Works Department, Solid Waste Division, uses four-axle front-loading refuse trucks for commercial bin refuse collection. On September 2, 2015, the City Council accepted the bid from Golden State Peterbilt, Bakersfield, for seven four-axle front loading refuse trucks. The bid specifications included a provision whereby, the City may purchase additional units for an additional seven years, with price adjustments due to increases in the Consumer Price Index (CPI). Golden State Peterbilt has offered to extend their bid price with a 3.17 percent increase, which is below the 3.7 percent CPI fluctuation since the original bid was approved. The adjusted unit price will be $331,329.71 for the purchase. The refuse truck to be replaced is past the recommended replacement date and will soon require major hydraulic and body repairs. Funds are budgeted in the Equipment Management Fund for the purchase of a four-axle front - loading refuse truck for the Solid Waste Division. ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent- Bids w. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/5/2017 111-11 V 03 SUBJECT: Extend bid from Golden State Peterbilt, Bakersfield, ($356,585.12) for an additional four-axle side-loading refuse truck for the Public Works Department, Solid Waste Division. STAFF RECOMMENDATION: Staff recommends extension of the bid. BACKGROUND: The Public Works Department, Solid Waste Division, has added an operator position as part of the recycling collection program. An additional side-loading refuse truck will be assigned to the new position. On February 11, 2015, the City Council accepted the bid from Golden State Peterbilt, Bakersfield, for a four-axle side-loading refuse truck. The bid specifications included a provision whereby, the City may purchase additional units for an additional seven years, with price adjustments due to increases in the Consumer Price Index (CPI). Golden State Peterbilt has offered to extend its bid price with a 3.17 percent increase, which is below the 3.7 percent CPI fluctuation since the original bid was approved. The adjusted unit price will be $356,585.12 for the purchase. Funds are budgeted in the Equipment Management Fund for the purchase of an additional four- axle side-loading refuse truck for the Solid Waste Division. ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent- Bids x TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/6/2017 111-11 V 03 SUBJECT: Accept bid from Johnson Equipment Company, Perris, California, ($94,378.66) for Code 3@ light bars and accessories. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for Code 3@ light bars and accessories for outfitting Police Department vehicles. Two bids were received in response to the solicitation. This purchase of light bars and accessories is part of the outfitting requirements for 41 replacement police interceptors that are currently on order. The two bids received include: •ffl Johnson Equipment Co. $94,378.66 Perris, CA Burton's Fire, Inc. $120,718.95 Modesto, CA Staff finds the bid submitted by Johnson Equipment Company, Perris, California, to be acceptable. Funds are budgeted in the Equipment Management Fund to complete this purchase. 0 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent -Bids y TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/5/2017 WARD: Ward (s) 4, 5, 6, 7 SUBJECT: Accept and approve contract with Cal-Stripe Inc. ($79,549.20) for the construction of Remove II Program: Bicycle Lane Improvements Project (various locations). Staff recommends acceptance of the low bid and approval of the contract. BACKGROUND: The San Joaquin Valley Air Pollution Control District manages a Remove I I Incentive Program that provides incentives for projects intended to reduce motor vehicle emissions within the region. This program allocates funds to cost-effective projects that have the greatest motor vehicle emission reductions resulting in positive impacts on the Central Valley's air pollution problems. The Bicycle Infrastructure Component of the Remove 11 Program provides incentives for Class I and I I bicycle path construction. The City applied and was approved for grant funding to install signing and striping for Class 11 bike lanes on both sides of Harris Road from Buena Vista Road to Gosford Road, and from Gosford Road to Wible Road. In addition, the City applied and was approved for grant funding to install signing and striping for Class 11 bike lanes on both sides of Clay Patrick Farr Way from Granite Falls Drive to Hageman Road and on Meacham Road from Calloway Drive to Clay Patrick Farr Way. Installation of these bike lanes increases the number of travel modes available on existing streets, provides connection to existing bike lanes in the area, and reduces vehicular congestion. Additional bike lanes to existing roadways also furthers the City's efforts to provide opportunities for multi-modal forms of transportation and its commitment to the implementation of the Complete Streets Policy. On August 24, 2017, a total of three bids were received; all of these bids are acceptable. The acceptable bids are as follows: Cal-Stripe, Inc. 2040 E. Steel Road W1 ,&[VffJWEqMA Colton, CA 92324 in the amount of $79,549.20 Super Seal & Stripe, Inc. 310 A Street Fillmore, CA 93015 in the amount of $95,417.00 Stemdahl Enterprises, Inc. 11861 Branford Street Sun Valley, CA 91352 in the amount of $109,473.50 Staff recommends accepting and awarding the contract to Cal-Stripe Inc. Sufficient grant funds are budgeted to award the contract. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint W1 SMA ,&[VjjWL AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and CAL STRIPE, INC., a California Corporation, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR to install REMOVE II PROGRAM - BICYCLE LANE IMPROVEMENTS: Harris Road from Buena Vista Road to Gosford Road: C- 30326 -A (T5K224), Harris Road from Gosford Road to Wible Road: C- 30325 -A (T5K223), Clay Patrick Farr Way from Granite Falls Drive to Hageman Road, and on Meacham Road from Calloway Drive to Clay Patrick Farr Way: C- 40409 -A (T6K225) ( "Project" herein), 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 to be performed consists, in general, of installation of bike lane striping, markings, and roadside signs within the City of Bakersfield ( "Project" herein). 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. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. 1.1 The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1 Notice to Contractors 1.1.2 Special Provisions CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 1 of 11 Pages -- 09120117 CC AGENDA PACKET PG 498 1.1.3 Bid Proposal 1.1.4 Bidder's Bond 1.1.5 Performance Bond 1.1.6 Material and Labor Bond 1.1.7 Letters of transmittal, if any 1.1.8 All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9 Current State of California DAS 140 Form (if required by Specifications) 1.1.10 Drawings, if any. 1.1.11 Public Contract Code § 22300 (Escrow Accounts). 1.1.12 Current State of California DIR - PWC 100 Form. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of SEVENTY -NINE THOUSAND, FIVE HUNDRED FORTY -NINE DOLLARS AND TWENTY CENTS ($79,549.20). 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. Unless otherwise required by State law, a ten percent (10 %) retention shall be withheld from payments to CONTRACTOR by CITY. The ten percent (10 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. 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. CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 2 of 11 Pages -- 09120117 CC AGENDA PACKET PG 499 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 specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement 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. 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. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 3 of 11 Pages -- 09120117 CC AGENDA PACKET PG 500 violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. 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. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 13. INSURANCE and BONDS. 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: 13.1. 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: 13.1.1. Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1. Provide contractual liability coverage for the terms of this Agreement. 13.2.2. Provide unlimited products and completed operations coverage. CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 4 of 11 Pages -- 09120117 CC AGENDA PACKET PG 501 13.2.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. 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. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. 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 CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 5 of 11 Pages -- 09120117 CC AGENDA PACKET PG 502 delivered to CITY on demand. 13.7. 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. 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. 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. 13.10. 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. 13.11. 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. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. 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. 15. 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, CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 6 of 11 Pages -- 09120117 CC AGENDA PACKET PG 503 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. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 7 of 11 Pages -- 09120117 CC AGENDA PACKET PG 504 CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 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 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 PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: CAL STRIPE, INC. 2040 East Steel Road CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 8 of 11 Pages -- 09120117 CC AGENDA PACKET PG 505 Colton, California 92324 (909) 884 -7170 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. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 24. 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. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 27. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 9 of 11 Pages -- 09120117 CC AGENDA PACKET PG 506 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. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 26- 0147786 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 685387 Expiration Date 1/31/2018 License Classification A 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. 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 CAL STRIPE, INC. By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney By: PRINT NAME: Title: Insurance: JENA COVEY Risk Manager CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 10 of 11 Pages -- 09120117 CC AGENDA PACKET PG 507 -- Additional Signatures on Following Page -- APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: NELSON SMITH Finance Director CONSTRUCTION PROJECTS AGREEMENT —Updated —March 9, 2015 Date Prepared: 09/06/2017 Remove II- Bicycle Lane Improvements L.Skinner for Project Designer: City Project No. T5K224; T5K223; T6K225 Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4D1BF1D- E248- 4BBA- BD1D- 39C4B867527D\ PDFConvert.9230.1.Removell_Program- BicycleLane I mprov_Agr.docx -- Page 11 of 11 Pages -- 09120117 CC AGENDA PACKET PG 508 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 Consent- Bids z. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 7/10/2017 WARD: Ward (s) 4, 5 SUBJECT: Accept bid and approve contract with California Professional Engineering, Inc. ($462,027.50), for the Traffic Signal Interconnect - Part 14 Project on Stockdale Highway from Allen Road to Coffee Road. Staff recommends acceptance of the low bid and approval of the contract. BACKGROUND: This proposed project installs traffic signal interconnect conduit and wiring along Stockdale Highway from Allen Road to Coffee Road. With this new interconnect installed, traffic signal timing along this segment can be optimized to improve traffic flow and improve air quality by reducing vehicle pollutants. This project is 88.53 percent federally funded through the Congestion Mitigation and Air Quality Program (CMAQ) and 11.47 percent locally funded with Capital Outlay funds.The engineer's estimate for this construction contract was $400,000. On July 20, 2017, a total of three bids were received; all of these bids are acceptable. The acceptable bids are as follows: California Professional Engineering, Inc. 929 Ofterbein Ave. Unit E La Puente, CA 91748 in the amount of A-C Electric Company 315 30th Street Bakersfield, CA 93301 DBX, Inc. 42024 Avenida Alvarado, Ste A Temecula, CA 92590 in the amount of in the amount of $462,027.50 $476,082.50 $526,260.00 Sufficient funds are budgeted to award the contract. ATTACHMENTS: Description Coinstial(.'601rl /kgireeirneint Type /kgireeirneint AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and CALIFORNIA PROFESSIONAL ENGINEERING, INC., a California Corporation, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for Traffic Signal Interconnect - Part 14 ( "Project" herein), 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 to be performed consists, in general, of installation of conduit, fiber optic cable, modems, networking equipment, other fiber optic equipment, and surge suppression equipment along Stockdale Highway from Allen Road to Coffee Road within the City of Bakersfield ( "Project" herein). 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. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. 1.1. The following shall be deemed to be part of this Agreement as if fully set forth herein: I.I.I. Notice to Contractors 1.1.2. Special Provisions CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14.Agr.FF.docx -- Page 1 of 11 Pages — 09120117 CC AGENDA PACKET PG 511 1.1.3. Bid Proposal 1.1.4. Bidder's Bond I.I.S. Performance Bond 1.1.6. Material and Labor Bond 1.1.7. Letters of transmittal, if any 1.1.8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9. Current State of California DAS 140 Form (if required by Specifications) 1.1.10. Drawings, if any. 1.1.11. Public Contract Code § 22300 (Escrow Accounts). 1.1.12. Required Federal -Aid Contract Language (Exhibit 12 -G). 1.1.13. Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12 -G). 1.1.14. Subcontracting Request Form (Exhibit 16 -13, LAPM). 1.1.15. Prevailing Wage Rates (Davis- Bacon). 1.1.16. Title VI Assurances and Appendices. 1.1.17. Current State of California DIR - PWC 100 Form. 1.2. CONTRACTOR acknowledges that CITY is receiving federal - aid for the construction of a portion of this Project. CONTRACTOR agrees to physically incorporate all federally required contract provisions, including Form FHWA -1273, in his various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA -1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of FOUR HUNDRED SIXTY -TWO THOUSAND, TWENTY -SEVEN DOLLARS AND FIFTY CENTS ($462,027.50). 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. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29 the CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14— Agr.FF.docx -- Page 2 of 11 Pages — 09120117 CC AGENDA PACKET PG 512 Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent (10 %) from payments to CONTRACTOR, unless otherwise required by State law, and does not limit or prohibit CONTRACTOR from requiring retention from subcontractors. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. 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. 7. 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. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14.Agr.FF.docx -- Page 3 of 11 Pages — 09120117 CC AGENDA PACKET PG 513 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. 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. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. 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. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14.Agr.FF.docx -- Page 4 of 11 Pages — 09120117 CC AGENDA PACKET PG 514 Agreement. 13. INSURANCE and BONDS. 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: 13.1. 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: 13.1.1. Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1. Provide contractual liability coverage for the terms of this Agreement. 13.2.2. Provide unlimited products and completed operations coverage. 13.2.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14— Agr.FF.docx -- Page 5 of 11 Pages — 09120117 CC AGENDA PACKET PG 515 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. 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. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. 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. 13.7. 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. 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14— Agr.FF.docx -- Page 6 of 11 Pages — 09120117 CC AGENDA PACKET PG 516 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. 13.10. 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. 13.11. 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. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. 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. 15. 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. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14.Agr.FF.docx -- Page 7 of 11 Pages — 09120117 CC AGENDA PACKET PG 517 commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14.Agr.FF.docx -- Page 8 of 11 Pages — 09120117 CCAGENDA PACKETPG 1 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 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 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 PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: CALIFORNIA PROFESSIONAL ENGINEERING, INC. 929 Otterbein Avenue, Unit E La Puente, California 91748 (626) 810 -1338 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. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14— Agr.FF.docx -- Page 9 of 11 Pages — 09120117 CC AGENDA PACKET PG 519 for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 24. 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. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. The term "Accounting Records" includes the various subcontracts and purchase orders that CONTRACTOR has issued on this Project. CITY reserves the right to review any or all those documents to ensure compliance with the federal contract provisions. 27. 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. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95- 4837794 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 793907 Expiration Date April 30, 2019 License Classification A, C10 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14— Agr.FF.docx -- Page 10 of 11 Pages — 09120117 CC AGENDA PACKET PG 520 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: "CONTRACTOR" CALIFORNIA PROFESSIONAL ENGINEERING, INC. in PRINT NAME: Title: Insurance: JENA COVEY Risk Manager CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14— Agr.FF.docx -- Page 11 of 11 Pages — 09120117 CC AGENDA PACKET PG 521 By: NELSON SMITH Finance Director CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 08/29/2017 Traffic Signal Interconnect — Part 14 L.Skinner for Project Designer: City Project No. T6K203; CML- 5109(224) Joe Catalan:Tele phone: (661)326 -3597 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \1E8786D9 - 04024C27- 8A1F- 0777DE277023 \PDFConvert. 9204 .13rafficSignallnterconnect - Part14.Agr.FF.docx -- Page 12 of 12 Pages — 091201117 CC AGENDA PACKET PG 522 ADMINISTRATIVE REPORT MEETING DATE: 9/20/2017 New Business 13. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 9/8/2017 111-11 N 03 SUBJECT: First reading of an ordinance adding Sections 17.04.129 and 17.04.154 and amending Section 17.08.050 of the Bakersfield Municipal Code relating to Commercial Cannabis Activity. STAFF RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: Over the last several years, California has seen a move towards legalizing the sale of adult-use cannabis throughout the State through the adoption of the following bills and propositions: On October 9, 2015, Governor Brown signed three bills into law (AB 266, AB 243, and SB 643) that collectively were known as the Medical Marijuana Regulation and Safety Act (hereafter "MMRSA'), and set up a State licensing program for commercial medical marijuana activities. On November 8, 2016, California voters approved Proposition 64, which set forth the framework for the State to begin issuing permits for a multitude of commercial activities related to non-medical or adult-use marijuana including: cultivation, manufacturing, distribution, and sale. On June 27, 2017, the State adopted SB 94, which repealed MMRSA and merged the regulation of medical marijuana into the regulation of adult use marijuana. The new regulatory scheme is now referred to as the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA'). After passage of MAUCRSA the term "cannabis" has become the favored term when discussing regulations related to both adult use and medicinal use of marijuana/cannabis. The City has a permissive zoning code specifically identifying the uses permitted in each zone of City, and marijuana dispensaries, medical or otherwise, have never been allowed within the City. In addition, the City expressly bans medical marijuana within the City pursuant to BMC section 17.08.050. The State will not issue permits for a commercial cannabis activity if it violates the provisions of any local ordinance or regulation. While the City clearly bans medical marijuana dispensaries, relying on permissive zoning for other commercial cannabis activities may not be enough to prevent the State from issuing a permit for other commercial activities, such as manufacturing or distribution. Accordingly, this ordinance makes it clear that all commercial cannabis activities, including cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products are banned in the City. It also makes the terms "marijuana" and "cannabis" interchangeable throughout the Bakersfield Municipal Code. Finally, staff suggests a letter be sent to the County encouraging them to ban cannabis within the boundaries of the Metropolitan Bakersfield General Plan. Council also finds that, under the General Rule of CEQA in accordance with Section 15061(b) (3), it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment because the regulatory environment related to commercial cannabis activities does not change as a result of the adoption of this ordinance. F-11 1i all M I ��i 14 Ll k &-] Description D PoweirP6int Piresentadoin D First Rea&ng of Oir 6na ince Type Piresentadoin Ordinance LU n' a 0 410 haw 0" • 1� 0 1�+ 0 N 0 > 'C LM Dppp- ll ®, • n �J a �v i L 0 T) nl • • • ORDINANCE NO. AN ORDINANCE ADDING SECTIONS 17.04.129 AND 17.04.154 AND AMENDING SECTION 17.08.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS ACTIVITY. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Sections 17.04.129 and 17.04.154 of the Bakersfield Municipal Code are hereby enacted to read as follows: Chapter 17.04 Definitions i I5, I forth in state law. Page 1 of 3 Pages SECTION 2. Section 17.08.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.08.050 Prohibited uses. The following uses are specifically prohibited within any zone district: A. Medical marijuana dispensary. B. Qom m erciaal �oininolbis acHvity. SECTION 3. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -- 00000-- - - - - -- Page 2 of 3 Pages HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Rl:lsc S: \COUNCIL \Ords \17-18\1 7.04.129etc.CommercialCannabis.docx Page 3 of 3 Pages