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03/06/19 CC AGENDA PACKET
'Al - , �'rm II BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MARCH 6, 2019 Council 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 —Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding DCM Assets Management, LLC v. City of Bakersfield Kern County Superior Court Case No. BCV -17-100311, JEB b. Conference with Legal Counsel —Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)3 regarding Claim No.: 19-02-041, Date of Loss: June 25, 2018, Claimant Shinsuke Nakamura 5. CLOSED SESSION ACTION 6. ADJOURNMENT WLf [,Ylj R KCMA , ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DAT E: 2/12/2019 SUBJECT: Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding DCM Assets Management, LLC v. City of Bakersfield Kern County Superior Court Case No. BCV -17-100311, JEB STAFF RECOMMENDATION: BACKGROUND: WLf [,Ylj Vj L4 MA , ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Closed Session 4. b. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DAT E: 2/12/2019 SUBJECT: Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)3 regarding Claim No.: 19-02-041, Date of Loss: June 25, 2018, Claimant: Shinsuke Nakamura STAFF RECOMMENDATION: BACKGROUND: WLf [,Ylj R K4 MA , BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MARCH 6, 2019 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS 5. PUBLIC STATEMENTS a. Written material submitted during the Public Statements portion of the meeting. 6. WORKSHOPS a. Keep Bakersfield Beautiful Committee Update. Receive and file. 7. APPOINTMENTS Ward 7 a. Appointment of one Regular Member and one Alternate Member (Ward 7) to the Bakersfield Youth Commission due to vacancies (terms expire July 20, 2020). Staff recommends City Council determination. Ward I b. One appointment (Ward 1) to the Planning Commission due to the termination of David Strong (term to expire April 30, 2023). Staff recommends City Council determination. C. Appointment of one Regular Committee Member to the Bakersfield Public SafetyNital City Services Measure Citizens Oversight Committee (term to expire February 6, 2022). Staff recommends Council determination. 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: Vf f [,7A Pj L4 MA ,L a. Approval of minutes of the February 6, 2019, Special and Regular City Council Meetings. Payments: b. Receive and file department payments from January 25, 2019 to February 21, 2019 in the amount of $36,508,721.07, Self Insurance payments from January 25, 2019 to February 21, 2019, in the amount of $1,079,975.72, totaling $37,588,696.79. Ordinances: Ward 4 C. Zone Change No. 18-0386: 1. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from a PCD (Planned Commercial Development) zone to a C-2/PCD (Regional Commercial/Planned Commercial Development Combining) zone, on 10.59 acres located at southwest corner of Stockdale Highway and Buena Vista Road (11301 Stockdale Hwy). 2. Resolution adopting a Mitigated Negative Declaration. (ZC # 18-0386 - KSA Group Architects, representing ABS Surplus -0, LLC). d. Adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code within Chapter 17.32 A (Agriculture Zone) relating to the Agricultural Zone regulations. Resolutions: Ward(s) 2, 3, 4, 5 e. Resolution requesting the route transfer and adoption of the Westside Parkway and the Centennial Corridor as the new State Route 58 alignment. Ward 3 f. Sewer construction fee assessment for 7900 Kimberly Avenue: 1. Resolution confirming assessment for sewer construction fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Kody J. Allred, 7900 Kimberly Avenue, to pay the sewer construction fee through the Kern County Tax Collector. Ward 2 9. Fire Station 2 Bathroom/Locker Room Remodel: 1. Resolution dispensing with normal bidding procedures and determining that Sourcewell (Formerly National Joint Powers Alliance -(NJ PA)) is the most efficient way to WLf [,Ylj M Eq MA , Ward(s) 2, 6 Ward 6 Ward I obtain contract pricing from a cooperative procurement bidding process, and authorizing the Finance Director to dispense with bidding thereof, not to exceed $422,000. 2. Accept and approve agreement with Haus Construction, I nc. ($382,383.71) for said project. 3. Appropriate $250,000 from the Facility Replacement Reserve to the Fire Department Capital Improvement Budget within the Capital Outlay Fund. h. Amendment No. 23 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit (Wage adjustments -Animal Control Officer) i. Resolutions of Intention to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1993 adding Area 2-72 (4250 Ashe Road) — Ward 6 2. ROI No. 1994 adding Area 4-191 (2443 Oak Street) — Ward 2 3. ROI No. 1995 adding Area 4-192 (1705 Baker Street) — Ward 2 4. ROI No. 1996 adding Area 4-193 (1836 Orange Street) — Ward 2 5. ROI No. 1997 adding Area 4-194 (3130 24th Street) — Ward 2 Agreements: j. Sale of Surplus Property at 3531 Adanac Ct. in the amount of $15,000. k. Agreement with Nearmap US Inc. (not to exceed $5,000), for trial subscription service of aerial imagery. I. Agreement with Carollo Engineers, Inc. ($80,000) for providing consulting services for odor control in the wastewater collection system. M. Final Map for Tract 6297, Phase 4, located North of Redbank Road, between S. Oswell Street and S. Sterling Road. n. Agreement with United Way of Kern County ($67,388) for Homeless Youth Services. 0. Agreement with Brown Armstrong Accountancy Corporation ($58,000) for a full scope annual audit of the 2018-19 fiscal year. P. Amendment No. 1 to Agreement No. CA18-006 with Clifford & Brown ($110,000) to provide outside legal services in the VfLf 0, IIJ M L4 MA , matter of Yunk v. City of Bakersfield. q. Amendments No. 3 & No. 4 to Agreement No. 06-023 with Avenu Insights & Analytics for Sales Tax Consulting and Auditing Services. Ward 6 r. Amendment No. 2 to Agreement No. PW 17-235 with AECOM Technical Services, Inc. ($25,000; revised not to exceed $62,500 and extend term by one year until July 31, 2020), to provide design and engineering services for Wastewater Treatment Plant No. 3 Primary Clarifiers #5 - #8 Rehabilitation project. Ward 6 S. Amendment No. 3 to Agreement No. 17-053 with Solenis, LLC ($500,000; revised not to exceed $1,360,000 and extend term one year to April 30, 2020) to provide dewatering polymer for Wastewater Treatment Plant No. 3 and to acknowledge a price increase from $1.105 to $1.16 per pound of polymer due to rise in raw material costs. t. Amendment No. 3 to Agreement No. 16-036 with Gilliam & Sons Inc. ($1,000,000; revised not to exceed $8,857,300 and extend term one year), for the continued service of earthmoving and hauling. U. Amendment No. 2 to Agreement No. 17-043 with Burtch Construction, Inc. ($800,000; revised not to exceed $2,410,000 and extend the term one year), for the continued service of asphalt rejuvenator sealant. V. Amendment No. 1 to Agreement No. 18-051 with K & I Services, Inc. (extend the term one year), for the continued service of hauling wood chips. W. Amendment No. 1 to Agreement No. 18-052 with J. Garcia Trucking, Inc. ($100,000; revised not to exceed $200,000 and extend the term one year), for the continued service of hauling wood chips. Bids: Ward(s) 2, 3, 4, 5 X Reject bid for the Pedestrian Countdown Timers - Part 7 project. Ward 6 Y. Accept bid and approve contract to Kemira Water Solutions, Incorporated ($85,000) for the annual contract to supply ferric chloride. Ward 2 Z. Accept bid and approve contract to Pacific West Controls, Inc., Visalia, California ($183,000) for the legacy control module upgrade at the Rabobank Arena. Ward(s) 1, 2, 6 aa. Accept bid and approve contract to Argo Chemical, Incorporated ($45,000) for the annual contract to supply pool chemicals. WLf [,Ylj a LM MA , M iscellaneous: Successor Agency Business: ab. Receive and file Successor Agency payments from January 25, 2019, to February 21, 2019, in the amount of $1,100.00. 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 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 03106119 CC AGENDA PACKET PG 8 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DAT E: 3/12/2019 WARD: SUBJECT: Written material submitted during the Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Wir'ittein irnateirila. Sdbiryftted lby Robin Robirlsoin D Widttein irnateirila. Sdbiryftted by'Feirid PalIMIJLJSt Type Correspondence Correspondence 03106119 CC AGENDA PACKET PG 9 alb— Press Release For Immediate Release Media Contact: Robin Robinson, 661-632-6478 cell robin@cityserve.us CityServe Announces its Official Launch in Bakersfield, Reveals Partnership from Large Local Non -Profit Press conference scheduled for Friday, March 15th at 10 a.m., City Center - Downtown (3201 F St) AKSFIEL, Calif. - March 4, 2019—CityServe will officially launch to the Bakersfield community on March 15, 2019. In conjunction with its launch, CityServe directors are excited to announce special partnership with a large local non-profit organization. All media are invited to the press conference on Friday, March 15th, 10 a.m. at City Center, 3201 F St. "We are so excited to be positioned in our community to make a difference in the lives of those who are in need of help and support --all for the common good of Kern County," says Robin Robinson, CityServe Community Development and Church Engagement Director. - - *vercome brokenness with compassion and kindness --from the neighborhood The CityServe warehouse, which resides on the west side of the 165,000 square foot City Center building, receives multiple shipments each week of goods -in-kind that are like -new returned merchandise or overproduction goods from multiple large retailer chains. Loads of goods -in-kind are then sorted and shelved by CityServe volunteers from across the community. They are then prepared for delivery to designated local churches, also known as PODs (point of delivery). Church PODs are supplied with goods -in-kind and are trained by CityServe to give to individuals and families in their neighborhoods that have tangible needs. "There are broken people in our neighborhoods with great needs and very little resources. Meanwhile, our country's overproduction of material goods places the environment and landfills at risk," CityServe Executive Director, Karl Hargestam explains. "CityServe connects these resources to the most needy instead of wasting it and our environment." Bakerafie|d's population is growing and with it the state of brokenness is also increasing. Local broken because of a lack of its own resources. Since CityServe piloted at City Center in the fall of 2017, $10.8 million of product has been distributed, 6 HUBS have been opened in California, and 3 more HUBS are scheduled to be opened this year. National efforts are underway. CityServe believes God's answer to a broken world is the local church, and not just local in regional terms, but to every city and every neighborhood. CityServe is a collaborative network empowering the local church to offer solutions to brokenness through God's template found in the Bible. CityServe serves the local church to focus on ten areas: The hungry, the orphan, the widow, the poor, the addicted, the oppressed, the prisoner, the vulnerable, the unreached, and the nation of Israel. CITYSERVE .,,1,a,.., HUB DETAILS - 5 Active Warehouse Locations (Bakersfield, Fresno, Fowler, Victorville and San Diego) - 2 Locations Being Onboarded (Anaheim and a Second San Deigo HUB) - Approx $10 Million in GIK received in 2018. - The first HUB (Bakersfield) currently serves 100 Points of Distribution (PODS) — neighborhood churches. - The goal is to scale the HUBS to serve up to 300 PODs through a network of primary HUBs (Bakersfield) servicing emerging HUB'S. - Over 200 PODs currently in operation in Southern California. - Projecting 250 PODS by 2020 - Approx 15,000 volunteer hours recorded - Neighborhood churches growing spriritually and nurmerically as a result of the CityServe partnership. 1E0UALS2 CAMPAIGN Provides CityServe's network of churches a simple platform (1equals2.com) to raise recurring funds to support local HUBs servicing the PODs. Half the donation goes to the donor's local HUB and the other half goes towards an international corripasslon initiative (currently the Refugee, Crisis in partnership with SoCal Assemblies of God Missions and World Vision). CITYSERVE ISRAEL CityServe hosts pastors and business leaders on a exclusive trip to Israel to enrich their lives, ministries and businesses. We seek to subsidize these trips for pastors that have never had the opportunity to visit Israel. Additionally, CityServe resources compassion initiatives that empower the local church, both Arab and Messianic congregations, as well as help those impoverished in the land. CITYSERVE BOOK CityServe: A Guide to Church -Based Compassion will be available later in 2018. The book features over 40 contributors from nonprofit, church and business sectors providing church -based models, best practices, and expertise. ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Nick Filder, Public Works Director DAT E: 2/4/2019 VITI-11 N SUBJECT: Keep Bakersfield Beautiful Committee Update. STAFF RECOMMENDATION: Receive and file. BACKGROUND: Heather Pennella, the current Chair of the Keep Bakersfield Beautiful Committee (KBBC) and the City's KBBC coordinatorwill provide an update on the committee's 2019 calendar year goals and upcoming events and activities. ATTACHMENTS: Description D PoweirP6int Ipireavreintatfioin Type Piresentadoin 03106119 CC AGENDA PACKET PG 16 RECD & PLACED ON FILE ATCOUNCIL MEETING OF 10 Lq KEEP BAKERSFIELD BEAUTIFUl COMMITTEE UPDATE' March 6, 2019 Update KEEP AMERICA BEAUTIFUL AFFILIATE L� iscal Year Highlights Volunteers 7,402 Litter/illegal Dumps Cleaned Up Tires Cleaned Up: 2,304 lbs. Recycled: 84,428 lbs. Trees Planted: 43 197,671 lbs. M @KeepBakersfield Beautiful fn,,, @Keep. Bakersfield. Beautiful 3/5/2019 0 Notable Ir i °° r a� After School Presentations Adopt A Street Adopt A Garden Yard of the Season Beautiful Business Freeway Litter fj @Keep Bakersfield Beautiful n„,f @Keep. Bakersfield. Beautiful 13 II1 KeepOok— leieBeauteul Freeway Litter Program $500 K More in 2019 Thanks to Mayor Goh Attending the KBB Litter Subcommittee Meeting with Caltrans Currently 8 Crews Westside Parkway Sponsors Needed , public signage starting at $6,700 per year @KeepBakersfieldBeautiful @Keep. Bakersfield. Beautiful 13 Qi Keep@akeroHelAB—tiful 3/5/2019 2 KBB Committee Members Chair Heather Pennella, Mayoral Alternate Appointee Vice -Chair Nate Meeks, Ward 4 Alternate John Ennquez, Mayoral Appointee Anastasia Lester, Ward 1 Anna Smith, Ward 1 Alternate Ray Scott, Ward 3 Jenifer Pitcher, Ward 3 Alternate Brooks Douglass, Ward 4 Crystal Pinthong, Ward 5 Matthew Martin, Ward 5 Alternate Bob Lerude, Ward 6 Sophia Felix, Ward 6 Alternate Paul Yanez, Ward 7 Theresa Olson, Ward 7 Alternate Jessica Felix, Staff Coordinator Advisory Board: Chair Cathy Butler, Steve Montgomery, Tony Martinez, Midge Jimerson @Keep Bakersfield Beautiful Of @Keep. Bakersfield. Beautiful Is Seeking New Sponsors Improve Communication Among KBB Committee Members Increase Social Media Presence Increase Tree Plantings Allow Public Nominations for Beautiful Business Program in @KeepBakersfieldBeautiful @Keep. Bakersfield. Beautiful Keep®akenfleld8eauldul 5 Kaep®akanfleltlBeauUlul 3/5/2019 3 April 6- Grea-thmerican Cleanup March 18: Volunteer Crew Captain Meeting Naep6 aksrcA®�tl9eautiNi Cleanup Litter or Community Garden Outstanding Volunteer Awards, Picnic, and More Sponsors Needed eve, 11mml VIII uup^ @Keep Bakersfield Beautiful n. @Keep. Bakersfield. Beautiful Questions? MCL, , E, N, of www.1Keep8akersfl f Beaufifuiais ( °t) 326-3599 Heather Pennella, Chair, Keep Bakersfield Beautiful Jessica Felix, Coordinator, Keep Bakersfield Beautiful @KeepBakersfieldBeautiful 13 I! ,,,r,!? @Keep. Bakersfield. Beautiful KeepBakerst3eIdBeau rrful 3/5/2019 121I ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Appointments 7. a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DAT E: 11/14/2018 LVITIM N I SUBJECT: Appointment of one Regular Member and one Alternate Member (Ward 7) to the Bakersfield Youth Commission due to vacancies (terms expire July 20, 2020). STAFF RECOMMENDATION: Staff recommends City Council determination. BACKGROUND: The Youth Commission was established to engage and empower local youth in having a voice on relevant issues pertaining to City policies, programs, and projects. The Youth Commission collaborates with City staff on improving the community by making recommendations to the Mayor and City Council. Duties include, but are not limited to, identifying concerns and needs of local youth on matters related to recreational opportunities, park amenities, student safety, and volunteer opportunities. Currently, the Youth Commission has several vacancies; one regular member vacancy (Ward 7) and three alternate member vacancies (Wards 3 4 & 7). Two applications for appointment have been received from Merari Banuelos and Adai Merino. The Councilmember from their respective ward may nominate a candidate to be appointed by the City Council. ATTACHMENTS: Description D eirairIBaIrIlLiecrs/klpIpIIi'cati'icririi D /kdaIMeiri'iino/kpphcadoin Type Ba. ckUIMateir4� Ba. ckUIMateir4� Vf f [,71J a Le MA ,L SUBMIT TO: it Clerk CLERK'S OFFICE USE ONLY� C, ity_cl e rk@ kersfuel d City. U S 1600 TrUXtUn Avenue CITY RESIDENT:o NO Bakersfield, CA 93301 RESIDENCE WARD: 1 2 3 4 5 6,D661) 3,26-3767 Phone Inc. SCHOOL WARDr` J, 3 4 5 6 7 (661) 3,23-3780 Fax No. Ir i;iiiii;rllw Im 1. Student Name: Meran Eflzabeth BanueIos 3. Gender (MaIe/Femalle) 4. High School: Golden Valley Hiigh Schooi School Address" 801 Hosking Ave City: Bakersfield County: Kern State: CA Zip: 93313 Grade Level: 12 GP,A: 4.16 51. Occupation (if applicable): Company: Hours per Week: Address'. City County State Zip Please note; You may be eligible to, serve in several different positions. Please indicate which wards and positions you are, most interested in serving in order of preference: Ward- Regular/Alternate Member (please drcle one) Ward: Regular/Alternate Member (please circle one) Ward: Regular/Alternate Member (please circle one) Ward: Regular/Alternate Member (please circle one) Youth Commission Application Applicant Contact Information Date of Bhrth: O�8//2001 Home Address: 6201 'ruble Road City: Bakersfield County: Kern State: CA Zip: 93313 No Home Phone Cell Phone (661) 314-5478 Organuzaflon: We the I ople Club I heard about the Youth Commission through the virtuous citizen Joseph! Moralles, which was introduced to this program through the city council member Chris Parfier. 7. Why would you like to become a Youth Commissioner? A youth commiissioner represents a voice arnong the youth of the city of Bakersfield, which is immensely important to me. Other than helping my peers and friends, becoming a youth commissioner would mean helping other youth in Bakersfield as well. The youth commission appeals to me particularly since it is a way the youth of Bakersfield call be heard since we are not allowed to, vote as, of yet. 8, What specific youth or community issues WOUIld you like to see addressed by the Youth Commission? Do you have any ideas on how the community should address those issues? Some issues with the youth I would like to see addressed is drug and alcohol reg�ulationsi, Lol policies, STD awareness, and safety issues, � believe funding and bringing 2wareness to these issues call be a major help to the yoIuiith of Bakersfield, 9, The Youth Commission requires a time commitment from each student. Please list alp other commitments You have during the school year (e.g., job, clubs, and sports) and in what ways are you prepared to dedicate time to rneet the Commission's goals? Your extracurricular activities wiIII not disqualify your application, I am currently in the We the People class/club, French Club, AVID Club, and Math Club in school, and have activities pertaining to my church outside of school. All of these caro be treated accordingly, however; my activfties, are flexible and can be worked around, the Youth Commission requirement, The Commission would becorne one of my top priorities, '1 41 W111 it rt 'Nf a), Concern, 1,elicr or ItecoinalendAtion I have knolAn Merari Mruoekv. aq ;I %judew for ovefolle Fear. As, a juniOr Nierad cease 14111Y fecofluncrided to me by licr cwt' If S I I istor� Tca,chcr dew,, s 10,ppigcandidaie for oil), We tile m wirs GoNcrunIvIlt cta,,' It #14, rl.4PPIA�. '' is a sjx�ciajl here slodent coll"Pele in Cnsig-rcodowd Il aarine, reg-W(fing $-PO66C nrcai' f,)f f1j, litntioll. For a siudcri'baa Ile vagcr to ch"Illtmge lhemsVIN C -S arld u", 1"V Orkol to conlPOC is a Special ability a0d it is an abiliO, Merarli has denionstratcd -,'irxx I jjawc knovn hcf, WNIC ill 171� We tile F"ol"k 1 cliv's hlerari dcrnowziratied! the abiliity to C111PET in, hi, her level thinking xnij learTling, [it N)O her counw iNork and in, Itic coniNtition she 1143% demonstrated a high COMPFC1101sion of the couric conicnk and dCjjjq,,jusjra1Cd 41,11 eagerness to lead Other sludefni41 learner she is quick to adapt to challeng A es and while she is quiet learner "he'll She sfvaiw'-s up tier an-,%,%ers are always %%ell spoken and nisightful. AddilionallY, when Mcrari needed help with ideas 4:q coricepts iJic did not fully understand alae Put in extra Nvork, on the subject or askord' for fic1p, and was not satisfied until she undc-rmmd the concept. Her Nvork ethic in class is one of the stnxigest among her peers and she is always couricous, arid ,complimentary with her ix-ers and her instructors. From conversations with Merari I tnoA she is as kind, nwitkaled. arid inle4ligvoit young woman who wants to to her interest in Ci% ics info majoring, in Political Science wid Iving involved in politics. or guinto teaching social studies. Moreover, Merari is, as self -motivated %ludent arid is involved in countless on carripus and dal' f-camptrs acilvilies and gToupK, On -campus Merad is involved in several clubs and activities including Math Club. We the People, French Chub. and AVID, Club. Nloreover, she has been nctive in her Church and has participated in many cclrnrnunity service activilies with her Church as %cll, As such I would high]), reconlinend Mer-ari Banuelos, for Ow Bakersficid CitYouth Cornmisslion as I feel She m-ould benefit from the experience and I believe she would be an excell rat representative of the youth in our city. John H. Tfartsen Golden Valley II Smial Studies Teacher Me Me People... Coach a' 11 0 YAW y,r�njjj,ji C.ornmizirin ApPfication prjgp 2 c)f 7 P16,030 fespond to l,ti+ followinj) $vppj#j,-tjjjjoj qu#stlons on 0 Separoje store ell(s) of POPef- 6w How cjd you hear ot'wout Iho 7, WhY wook,1 you liko lo b%"'tCC'N1'1)'0'oY("�'n'rig What spt"mCffic ~fir', uflc�r Convilor"Illy wot;jrj y0ij like) to see cirJoressocl! by the, Youffi Cornmhikin'� C.)lo yot # I I <, I v ( (,,j 0,1 V 14,jqj (Ij Oq 1-jcrw 11) p c,-, a i nuriHy shom address tk"jose lsweO 9 They Youth Con"iniksion a cl',q�nwo from Pach etude t, l(,ase list oil other Yoko dultln"j III(:) schc)(A ytlCit job, clubs, and arts) and in whot WOYS k-110 you P'VOP(jq)Cj 101 10 firTI'(p, 10 f'j'q�q",yj jjAiv� Cornm,Mion's g0015V Your extrocuirvi�culac Oefivifies �'S(M not dls(" luaNy, yO'%)r ("'lPf""Acation" 10. In v ter to hovei a vokxIt4o or, Itle yrpill-I (-.ornml,Oon, it is Implorlont to haye '11"If'A support fron') ('I (y'S'01001-1011 ,mj f,rOrn your current high school. This person st wtve in n monkiishilzi Joh"'� 1:1P,ltoi,)Ir,Ib'1(,')CL,tl�your, 1((.4rrn, on jrje,,,m yr>tim CZornamiss ion. Hease iderifify who sofve as your n'senlor (iac_ twinAle and job kflo3� andprovidca their contoct information (i, r.. phone numbei and ernail or" diejp, AlSo, pleaw be odvis,ed 1t)O g I your mentor must tj n 1he apNp4cofion and skibmil cl 4,11jer rpt q*c4,-rn'wrnen dc,,i I Ion, Please Oflach to this appficafion your responses to the supplemental qjestiwrens and ar)y oddilioren ort infotniotion that you feel wouild bo tie4pfvf ir), tevrevvinjj your qualificallons. Alsoplease note JI)t1t your transcripts, wN be reqvesled by the it if you we recommended jC>r thenen yoi,&i Comrnlssicn, I hove reviewed Chapter 2.60 in 11 e Braker sfilield mur,cif>al Code, and unirstand the expt,'clIciflons 01 becoming a member or alternalfe of the Youlh COMMAsion. I hove discussed the time comrnitmeni with my par(-'mt(s) or guor'dian(s) and schoot reprosentotive, and can cornmil a sufficient arnount of time to fjje Yc)jjtj) Commission, l underslond that �,n conneoto oiren When this Cpplication for appointment the information conloined' herein, WR be jnodervq0c.-ible to the gemerort public upon request. Ile C, epr n ctive 4Daieq Sigr urs of School'R epr 5 Signafure of Applicant's Parent/Guardia"'n SignotUre of'AppliCant --- i I -+ ISI ILI Date Date gote: This document is o pfvbllc recoid and may be, disclosed/released pursuanj Jo Jhe Callifornic Pubjlc Records Act. SUBWT To' UTY dy dal 6'3 A.1 3 ",/ CI E 9,G< S 0 F,"',f C E d, N I Y R I VVWN), i'fir s CITY OF BAKERSHIELD YOUTH COMMISSION APPUCA110N fOR APPOINTMENT 03106119 CC AGENDA PACKET PG 27 M nqe 1,4crnbti (pk 03106119 CC AGENDA PACKET PG 27 Me(,,mv mspond to thr,�, fcM()Vdr'lg sheet(s) alp(q),ev J C g lj�-� 'j rni, n- v ""I i" c C e n <,i r�,,i d t, "J A W [1+,.,,p, f "I rP J Authorization and Wease f, "'All", 4, 1 Y✓I 'I v C, C`j °jtd I I S , n J`vrl p Ju� A �r Note: This document is a ptpbkc uecofd (.vid may be disirAlosed/releused pursuuM to lb�'-, Cofifomia Public Records Act. Appkant Contact Into"Whin t p1so IlIk bt 01 (I-Mv. Recommender Confacl Wormation NO Nftir ,f(- ���,, V' 4r, 07 I ) "I Il 3,3 03106119 CC AGENDA PACKET PIS 29 0 N , t � I a 1 "A% j I'l il r ef,n c ri P r t t" u k c ko [,wc SL'ff IWAOvIke "J, and icy S''A S", I X, A44i" 'a hC� and lemin shc presvin's 'v, J" , Ohink, ,!m.d k6ho', v t � I a 1 "A% j I'l il r ef,n c ri P r t t" u k c ko [,wc SL'ff IWAOvIke "J, and icy S''A S", I X, 6 1, io % ihdl you d I I d,rl m I I I 'i'lm o h r, r,,&i mn" " I 'I N I heasti, ah,4'imi, 1hil: �"'Iokjlh 1h"t)o)v'Jj( Chrl.' 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R, kge (y shinluld bt"' m14Jrf3P,'d (M h(ON 10 l"C"dLIC"c' mirH an(A lhwl "I hv� :s t,,cmlr'lhtve Nc)' J"!ImAha"'Ion' The Vimith (,'omlIrnmIion ricquwcs a urnic, Irorn c,"wh miIiibms, Ncasc'drMar aH cml 'Ytm dwing, lhe sichoul lKd h fe'v, , joK I flmd nwid in oJulil Urlllllo WIfl �'HA I dkoncq hJVC1 clIxIing, th,.scAwol year such as cWhis"job"S or spon's, church ani piicparfir:d ia:r iJcc14:aw dine rliy inidret the Cmnrmsr;,ion s gic)Iak hocause l�r us" allportaM to mle w be p,,l ot' "I ( 'olclunlssiojn' ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Appointments 7. b. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DAT E: 2/21/2019 WARD: Ward 1 SUBJECT: One appointment (Ward 1) to the Planning Commission due to the termination of David Strong (term to expire April 30, 2023). STAFF RECOMMENDATION: Staff recommends City Council determination. BACKGROUND: There will be one appointment to the Planning Commission (Commission) due to the termination of David Strong, whose terms expires on April 30, 2023. Applications for appointment have been received from Michael Bowers, Gilberto De La Torre, and Yazmin De LaTorre. The Commission is an advisory body to the City Council. It is composed of seven regular members, nominated by the Councilmember of the ward that corresponds with the Commission vacancy. Commissions must be Bakersfield residents throughout their four-year terms, but do not have to reside in the specific ward of the nominating Councilmember. Commission duties include maintaining and interpreting the City's General Plan and recommending methods of implementation; maintaining the City's zoning ordinance and making recommendations for improvement; reviewing the City's Capital Improvement Plan for consistency with the General Plan; reviewing and approving subdivisions and parcel maps; and conducing hearings on all of the above items and on any appeals of site plan review. ATTACHMENTS: Description D Micha6I IE. oweirs/kpphcadoni D Gilbeirlo De I a'1'oirire/kpphcadoni D Y..izrrnini De II....a..Fa hire /k Ip Ip II i' ca d o in Type Ba. ckU�pMateir4� Ba. ckU�pMateir4� Ba. ckU�pMateir4� t 0 2 SUBMIT TO: CITY CLERK'S OFFICE CITY CLERK 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3767 Phone No. (661) 323-3780 Fax No. CLERK'S OFFICE USE ONLY: CITY OF BAKEJ90FIELD RESIDENT: NO WARD NO.(1 Y 3 4 5 6 7 CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. 1. Mrs.V Michael Tyrone Bowers Ms. First Middle Last 2. —Residence address- 1208 Gorrill St Bakersfield Kern CA 93307 City County State Zip Phone ( 661 ) 348-5 983 3. Position(s) sought: (List in order of preference) 1) Plannin'g Commissioner a a a 4) Business Title or Occupation: Director Of Public Relations Company: Centric Health 9060 California Ave Address - Bakersfield Kern California 93309 City County State Zip Phone (_661 ) 371-2767 5. Education - List schools attended and/or graduated/degree(s): Texas Southern University (Political Science) Vf /r PJLSMA , 6. Other Special Training or Experience: I have legislative experience on how to navigate both Federal and State legislative offices regarding legislation. 7. Previous and present governmental and civic experience. Indicate when, position and duties: 2012-2014 Congressman David Valadao Senior District Staffer. Worked on complex Federal issues related to OiI&Gas, Water, Farming, and Healthcare. 2014-2019 Senator Andy Vidalk Deputy District Director. Managed Kern County Field Office. Worked with Legislative team on Bill ideas for the 14th Senatorial District. 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield: As a result of my years and experience in Government, I have a keen understanding of the role and function of local municipalities. I am fortunate to live in a city that puts so much value in community service. I think community service is often felt to be a civic duty, I consider it a humanity duty. I want to be part of the solution, and the only way to do that is through service opportunities. 9. Do you have any interests or associations which might present a conflict of interest? if yes, please explain: The company I work for Centric Health, will likely start new construction projects within the city and may possibly submit plans, that may come before the Planning Commission for approval. Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE I understand that in connection with this application for appointment, the information contained herein Will be Made av#lal gener public upon request. 7/131"; 210 9 Signature of 9P-00-1cant Date W /r PJLSMA , INFORMATION FOR CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information: NAME: Michael Bowers ADDRESS: 1208 Gorri II St Bakersfield, CA PHONE NUMBERS: HOME: 661 348-5956 AND/OR 661 348-5956 WORK: E-MAIL ADDRESS Mbowers@Centrlchcare.com AUTHORIZATION AND RELEASE If appointed, this information will be printed in the Roster of Councilmembers and Officials, Commissions/Commiffees. In addition, this Information will be provided on the City's Internet site at www.bakersfieldcity.us. I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. � t Signature of Applicant Date NOTE: This document is a public record and may be disclosed/released pursuant to the California Public Records Act. V:\8ds&C0mm\MISC\App1ic0tion 2010.docx Vf /' r ' a' 11 a f t f Name: Michael Bowers CITY OF BAKERSFIELD PLANNING COMMISSION SUPPLEMENTAL QUESTIONNAIRE 1. Describe what you believe would be your role as a member of the Planning Commission? I believe my central duty is to determine how to balance the public good with private rights and interests. Being a good listener is key and following standard meeting rules, to create public meetings that feel fair and civil to all involved. 2. What professional or personal experiences have prepared you to serve as a Commissioner? The Years that I have spent in government, have taught me the importance of listening even when I disagree. I can work with other members of the board in a bipartisan fashion to move our community forward. 3.What major issue(s) do you see facing the Planning Commission in the upcoming year? The Measure N campaign was an unprecedented coalition of business, public safety, labor and community groups that came together to build a better Bakersfield. With that said, I believe that this commission will be asked to consider bringing back redevelopment dollars or create opportunity zones in the city for economic development. 4. As a member of the Planning Commission, what issues would you advocate addressing? As Chairman, of the Board for the Housing foundation of Kern County. I see myself advocating for Housing & Homelessness issues in the city of Bakersfield. W Lf [,7A PJ L4 as s s S. Describe how you would arrive at a decision when confronted with different points of view derived from the same set of facts. When there are different points of view. I consider which approach is the most likely to solve the problem for the long term. And which approach is the most realistic to accomplish for now. Most of the times, I ask myself are there resources available? How do we pay for it? This typical helps me arrive at my decision. Much of what people do is solve problems and make decisions. Often, "under the gun", stressed and very short for time. Consequently, when they encounter a new problem or decision they must make, they react with a decision that seemed to work before. It's easy with this approach to get stuck in a circle of solving the same problem over and over again. I believe an organized approach to problem solving and decision making is paramount when confronted with different options on the same issue. Please return this CITY CLERK 1600 Tru xtun Avenule Bakersfield, CA 933,011';T7 (661) 326-3767 Phone N. (661) 323-37Fax No, CLERKS OFFICE USE ONLY: 11011MM 1111';YMX'042� CITY OF BAKERSFIELD dy-id'glft Mr. i. Mrs. f, . ..... ....... . ...... . ... ... . ms. First Midde 2. Residence address' - City County S,tate Zip Phone 3. Position(s), soulglhit: (List in + rdler of preference) N. . . . ... . ...... .. . . 3 Company. Address: z2 L' 7"1 2 . ...... . .. .. . ........ ... .... . .... ... ... . ...... City County State Zip Phone 5. Education, - List schools attended and/or graduated/degree(s): 62 ? 03106119 CC AGENDA PACKET PG 38 EMOM ME= 8. Please explain why you, wish to serve on a Roard/Comr-nission for the City of Bakersfield , e AL' 7 Ale_ A" .. ... ... /X - c f V Ce -A) V T t. . . . . . . ..... �': 4 1,"A"'7 , , ' )"M "I �4 9. Do you have any interests or assbcia'' ions, which might present a conflict of interest? If yes, please ex maim Please attach your resume, and any additiond infornicition or statements wh,ich you feel would be helpfUll in reviewing your qualifications,. I understand that in connection with this, application, for appolintryien,t, the information contained herein will be made available to t,,h,,e general' pub�ip,Aupon re utast. . . . . ........ . ..... Signature of Applicant Date 03106119 CC AGENDA PACKET PG 39 v"q'I z"') "k4 f 7. Previous and present governmental and civic experience. Indicate when, position and duties: Al 4 4 J, 8. Please explain why you, wish to serve on a Roard/Comr-nission for the City of Bakersfield , e AL' 7 Ale_ A" .. ... ... /X - c f V Ce -A) V T t. . . . . . . ..... �': 4 1,"A"'7 , , ' )"M "I �4 9. Do you have any interests or assbcia'' ions, which might present a conflict of interest? If yes, please ex maim Please attach your resume, and any additiond infornicition or statements wh,ich you feel would be helpfUll in reviewing your qualifications,. I understand that in connection with this, application, for appolintryien,t, the information contained herein will be made available to t,,h,,e general' pub�ip,Aupon re utast. . . . . ........ . ..... Signature of Applicant Date 03106119 CC AGENDA PACKET PG 39 Name CITY OF BAKERSFIELD PLANNING COMMISSION SUPPLEMENTAL QUESTI 1, Describe what you believe would be you�r role as a member of the Planning D Commission. J -�A 2. What professional or personal experiences have prepared you to serve as a Planning Commissioner? 1-1"--e . . .. . . . . tly � G,;.r J �R '� div �, � ) � F .y� ��o r'� �+ ,„ J'o? g rd r � ,,„ � d � 4 �, �"" v � I,,,� r' f'bh�, a"` ." �,x + !'". c4/1, 0,41 ?/ "k, 3. What major issue(s) do you see facing the Planning Commission in the p, 'M t > rr ,J Nifr N"'f 1"'I"""'"l, 4, 4. As a member of the Planning Commission, what issues would you advocate addressing? 5, 16 tet t- r f V� J, f 5. Describe how you woluld arrive at ai decision when, confronted with different points of view derived from the some set of facts. 1, ewv'A Please return this supplemental questionnaire with youir application to serve on the City Planning Commission. 03106119 CC AGENDA PACKET PG 40 PHONE NUMBERS: HOME: rly/ w�q�' M�, E-MAIL ADDRESS LIL if • '.ster of Councilmernb. Officials, Cornmissions/Cornmittees. In addition, thils information will' be provided on the City's Internet site of r understand that in connection with thiis app l -41 contained herein will be made available to the genera;l public upon request. F p Signature of A pfi rpt Date _..._._....._��. NOTE: This document is, a public record aind may be disc losed/re le aised pursuant o the Calffornia Public Records V:\.Bd5&Cf.'YYT'grf"M\M6C kApp14cd.Tfloil"ri 20 O.docx SUBMIT TO: ij ary CLERK I 600T1IL.PXtUn Avenue Bakersfield, CA 93301 �661) 326-37,67 PhonEn 1"), (661) 32,33780 Fcm No. CLERK'S OFFICE US�E ONLY� (33TY OF! BAKE&9,flB.D RESIDENT. NO WARD NO 01 2 3 4 5 6 7 CIT'Y OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH (','=NC1LMEM8ER TO COMMUNICATETHEIR INTEREST FOR APPOINTMENT, 2� m Is a --W17" in"'I'a i ire.. . . . ....... ... ................. . ... .... .. . .. ................ . . .. ..... . . .... ... ms" Firsi Middle Last LIL Residenc,e addirew� j . . ... . .................. . . - ----- I . . .... . ............. ..... . .. ...... ........... .. . . . .......... . . ...... .... 11.1- - - - ----------- . .. . ....... . . . . . . . ......... City CC)Wlty Stafe Zi Phone Position(s) SOUght: (Ust nni ordfai, of preference) Business T" Ile or OCCUPC'34WT . ... . ...... . .......... --- ---- ------ - -_ ... . ........ . . ... .................. .. (.-,'or n P cl nn Y -, .... . .... ut .. . .. . .......... . . ............. ... . .. . .. ... ......... . . . . .... ......... . .... .. . . . . .............. . . ....... 0ty County slale Zip Phc)rve ) Education - List sdhoois at'�ended cu'id/or graduafed/degree(s)� --- i, '' . ...... . .. Vf L f [,YA Pj KWA , A & Other SpecialTraiNnig or Experieric'e'. . n . . ........... . . ...... . ...... 6 . . ....... . j� c v A . .... .. .. j_� -La� 7. Previous and presenf governmentol and cMc experience. �ndicate when, position and duties'- J,j I p, & Mease expt ain why you wish to serve on a Bocird/( oryiry,iission for the City of Bakersfield: 6- 1 du.vv "o" 12 010,0A W"4 Vk 7 va, J 9, DO YOU have (,,)riy interests cw ec.rissociaHions which rnigtit preseint e,,.] coriffict of gyntereSfr? If yes, p�ease explain: Mease (zittach your resurne, and ar.uy ajr,,,ftflrk)ndiriformofilori or staternents which you feel wc,)did be helpful in reviewing your r ualific-afions. AURIORIZA10N AND Nit LEA E N Understand fl-IC)t nr'j corrmechor'u wilh 1his rata plicaflon foi appdritment, the inforination contaimed hereln Mfl be made avaflable to ffie gervaral pubfic upon . req.�esl- - -_ - - -------------- ............ . Applican t Date "IS Please provide the it 0erk's Office with the foflowirig informaflom NAME: PHONE NUMBERS: AND/OR WO.'� E. -MAIL ADDRESS ff aj,,)pohted, ihis inforrnation wfll be printed in Roster of Councilmembers and Officials, Commissions/Committees. In addition, this h1formation will be, prolvied on th:e City's Intemet site at www.bakersfieldcltyms. � understand that in connection with ffiis applicaflorri for appointn,-ient, the inforn'lation contairied herf.-in will be maide ava�lable to the general pUblic upon request. tune Of App-lic'ant 24 Date . .. . . . . . ........................ . ...... NOTE: This document Is a plublic record and may be disc losed fteleased pursuant fo Hie California Public Records Act. -------- . . . . . . ...... ....... . ...... ..... ............. . .. .. . . .. ........... .... .. ... .................. ... . ..... ........ . .. ............... . ...... . . .. . ........ ............ . . ....... ........ .......... .. ............ . . .................. .. . . . ... .. .. . ......... ....... ... Yumin De La Torre 308 ChIOTCAIM D� �Ve RakerM41d, ('a 933107 (661)-37R'-5 r r I Y de-hf 4m VC r W)mh edia Work Swap meet, 13akersfield., Califioniia Experience Stock (-'.Iei-k/ " ales assiociate, June 2011 - Preseni * C",reate dis,play tables of mercharidise * Stock rnissing rnerchandise Assists clients with Fmrchasing Package memIumdise in appropriatie conlainers, Self-employment, Bakersfield,Clalifomia 13abysiffi.,.r, January 2017- VreserO * C'an:,r Ibr child Irl 3 * ProvidcAnieals * Planned schedule activities ,a Picked ul) ftwom preschooL Education ("ahrom-nin State (Juivershy of Rakersfield, Bakersfiekl, California F'Ingfish, Present Bakersfield College, 13akersfield, ("." all f'ornia A,A-'I-' L,ibiera] Studies, August 2018 Volunteer Houchin Blood Bank, Bakersfield, California Donator, October 2009 .-Present * Donate a pint of' blood every 16 w.,,eks * MainUiin a healthy immune in order to provide blood supply, Q, Maintain appoirarnents on fimen.nd on schedule C'Stftl ("Ireative Writer, (.,,'Iub, Bakersfield, California Club rnember, "resent * Ilecoming involved in the luirming brow ss ofwrifing * Mingling with Reminded peers, with cultural approl)ria�,e,,,i,wv�,treii(-ws Candidate of Ward 1, Bakersfield, Califfirnia VOILUI(ee,r, June 2018- Novemtwr 2018 Door to door meet and grevts with one ofthe ward ean'didates Provided door hangers oftheir potential represent',ifive l)rovided qveecli ewduations Helped the Public Rej,)resenlafivc with media sknirces like facA� book posling, and vk'leo generation. Roughneck Review, Bakersfield, Colleg ge Additional Skills, Writer, 2017 * Submitted as research style paper, Flerceptions, to the Roughneck Review * PIWAished in Issm, 1, Volunw 5 Bakersfield Symphony Orchestm,Baa kersfield, Calilbrnia Grecter, 2017 * Greeted patrorm w'ith as warni and welcoming smile * I landed the events Pamphlet * Directed guest to the appropriate ushers Young Writers at Bakersfield College., Bakersdield, Spersker, 2016 * Presented The Tortures qf"Vzopping, at the young writers of Bakersfield College confi.j.rence * Provided concise arid clear thotight process in (,q)en floor discussion Roughimeck Review, Bakersfield, Califorriia Writer, 2015 * FIected by Dr. Rae Ann Kuniclos ft)r an in,-ehiss assignment called, to Tortures, q 'Shan pfmin g * ptiblishc-,d in the R(,xighneck Review Issue 1, VOILmic 4 Conversationally Nent in Sj:ninish Persistent with a tenacity, to finish any task, giver� too Stnmi� .!, comm.miicafions skills thatallow any position to be done wifti olxn dialogue with (,,)I,her members and, or, gtiesi Name CITY OF BAKERSFIELD EL&NNING MMISSION SUPPLEMENTAI. QUESTIONNAIRE I . Describe what YOU believe woud be your role as a miernber of the Pk.xnri�ng Corniii. sion. 'V j)(�h e N 'q% Y% k C, k icy I+,, 9�, 'knc e Jr V"'P,&O 41, J Z C, V Y V 2. What profsoon d or persorial experiences have prepared YOU toserve as a Pianning Con'u-nissioner? A k,q - ) �, v, �,, �e�,k �L Y,, ,, a: ii, l�, ) 1", AJ, V, 'i 4("d 4u., 14" V, 0 4" + AA i V1 fl 'e" 41 e Ir�� v i V) e .,v�, ""k "A VV,wJNL V'S k What major L)e(s) do you see ft�iding ihe Mainning Cornmissorl en ffmle upcoming year? 4 4. As a member of the Planning Corny ission, WN)ti5SL)eot,)U you advocaie addressing? t \A w.TI Ck, k", V Iq! �j 3 A t:p '41 N 5. Descrfl:)e �iow you would arrive at a decision when cor"Ifronted with different points, of view de6ved frorn the sarne set of facts. 3,` V qm Ae \p o Please return this supplemental quesfionnaive with your appUcation to serve on the City Planning CornmNslon. ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Appointments 7. c. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DAT E: 2/25/2019 SUBJECT: Appointment of one Regular Committee Member to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee (term to expire February 6, 2022). STAFF RECOMMENDATION: Staff recommends Council determination. BACKGROUND: The Bakersfield Public Safety and Vital Services Measure required the creation of a Citizen Oversight Committee (Committee). The Committee is comprised of nine members, who represent adiverse demographic cross section of the community with experience in business, leadership, accounting and related fields for the purposes of ensuring the proceeds of any revenues pursuant to the measure are expended in a manner consistent with the priorities of the measure. The City Council formed the Citizens Oversight Committee on January 9, 2019 and appointed nine members to the Committee on February 6, 2019. On February 24, 2019, Pritesh Patel resigned from the Committee, creating one vacancy to be filled. There are multiple options for the Council to consider for the appointment of an individual to fill this vacancy: 1. Appoint an individual from the last ballot (attached, Exhibit A) from the appointment process that was completed on February 6, 2019. This ballot included five individuals who were not selected for appointment at that time. The individuals on the last ballot are: Melanie Farmer, Andrew Flores, Sally Herald, Linda Jay and Elsa Martinez. Staff has contacted each of these individuals and determined everyone with the exception of Ms. Jay is still interested in serving on the Committee. 2. Direct the City Clerk's Office to begin a new recruitment process, which will allow all eligible individuals (regardless if they were on the last ballot or not) to submit a an application, with a new appointment process to be conducted at a future Council meeting. This option will require a recruitment period of up to two weeks and the applicants will be brought to the Council at a future meeting, whereby an appointment can be made pursuant to the voting process established by the City Council on January 23, 2019. Due to the time required to undertake a full recruitment, the process to appoint a new member utilizing option no. 2 may result in the appointed individual not being able to participate in the Citizens Oversight Committee meetings that are anticipated to take place in the next three weeks. City Council Approved Citizens Oversight Committee Voting Process The voting process to appointment members was adopted by Council at the meeting on January 23, 2019 and is summarized below. 1) The City Clerk provides a ballot to the Council that includes the name of all applicants. Councilmembers each have nine votes on the first ballot. All applicants that receive a majority vote (four or more votes) will be considered appointed to the Committee and confirmed by a vote of the Council, however, if more than 9 candidates receive 4 votes or more, a second vote would occur with only the names of those candidates who received 4 or more votes and the 9 candidates with the most votes will be considered appointed and confirmed by a vote of the Council. 2) If there are any remaining positions available on the Committee following the initial vote, a subsequent vote would take place with the names of the applicants who were appointed in the first round as well as the candidates who received zero votes removed from the ballot. This process continues until the positions are filled. 3) If none of the candidates receive four or more votes on the initial ballot, a new ballot will be distributed with the candidates who received zero votes names deleted. 4) In the event that there is a tie in determining a position under these rules the Mayors vote breaks the tie. ATTACHMENTS: Description Type D Exhbt"/V' I ast IBaIIlot firoirn FebrUairy 6, .a'4 ,19 EkNbt BALLOT NINE APPOINTMENTS BAKERSFIELD PUBLIC SAFETY/VITA!. CITY SERVICES MEASURE CITIZENS OVERSIGHT COMMITTEE FEBRUARY b. 2019 VOTE NO. 3 VOTE FOR 2 By: Councilmember, Ward NOTE: Return Ballot to Clerk for tabulation of results. Clerk will announce the candidate3//1 CCAGENDA PACKETPG BALLOT NINE APPOINTMENTS BAKERSFIELD PUBLIC SAFETY/VITAL CITY SERVICES MEASURE CITIZENS OVERSIGHT COMMITTEE FEBRUARY 6, 2019 VOTE NO. 2 VOTE FOR 2 By: Councilmember, Ward NOTE: Return Ballot to Clerk for tabulation of results, Clerk will announce the candidal3//1 CCAGENDA PACKETPG1 BALLOT NINE APPOINTMENTS BAKERSFIELD PUBLIC SAFETY/VITAL CITY SERVICES MEASURE CITIZENS OVERSIGHT COMMITTEE FEBRUARY 6. 2019 VOTE NO. 3 VOTE FOR 2 By: Councilmember, Ward 3 NOTE: Return Ballot to Clerk for tabulation of results. Clerk will announce the candidate 3/ 6/I CC A GENDACKET PG 52 BALLOT NINE APPOINTMENTS BAKERSFIELD PUBLIC SAFETY/VITAL CITY SERVICES MEASURE CITIZENS OVERSIGHT COMMITTEE FEBRUARY 6, 2019 VOTE NO. 3 VOTE FOR 2 By: Councilmember, Ward %/ NOTE: Return Ballot to Clerk for tabulation of results. Clerk will announce the candidat3/6/1 9 CCAGENDA PACKETPG3 BALLOT NINE APPOINTMENTS BAKERSFIELD PUBLIC SAFETY/VITAL CITY SERVICES MEASURE CITIZENS OVERSIGHT COMMITTEE FEBRUARY b, 2019 VOTE NO. 3 VOTE FOR 2 By: Councilmember, Ward NOTE: Return Ballot to Clerk for tabulation of results. Clerk will announce the candidat a/ 6/I CCAGENDA PACKETPG BALLOT NINE APPOINTMENTS BAKERSFIELD PUBLIC SAFETY/VITAL CITY SERVICES MEASURE CITIZENS OVERSIGHT COMMITTEE FEBRUARY 6, 2019 VOTE NO, 3 VOTE FOR 2 By: COuncilmember, Ward —�- NOTE: Return Ballot to Clerk for tabulation of results. Clerk will announce the candidal 3/ 6/1 9 CCAGENDA PACKETPG BALLOT I1112Iva g&]1L9I1; 11m AIN, ►� BAKERSFIELD PUBLIC SAFETY/VITAL CITY SERVICES MEASURE CITIZENS OVERSIGHT COMMITTEE FEBRUARY 6, 2019 VOTE NO. 3 VOTE FOR 2 By: Councilmember, Ward NOTE: Return Ballot to Clerk for tabulation of results. Clerk will announce the candidate3/6/1 9 CCAGENDA PACKETPG ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent— Minutes a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DAT E: 1/3/2019 WARD: SUBJECT: Approval of minutes of the February 6, 2019, Special and Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Bkie IMeirno D WrIlUtes Type Coveir IMeirno BackUIMateir4� 03106119 CC AGENDA PACKET PG 57 March 6, 20,19, Attachment A, K F March 6, 20,19, Attachment BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 6, 2019 Council Chambers,. City Hall, 15.01 Truxtun Avenue Special Meeting- 4:00 p.m, Regular Meeting -5:15 p.m. SPECIAL MEETING -- 4:O0 PM 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera,. Gonzales, Weir (seated at 4:17 p.m.); Smith, Freeman, Sullivan (seated at 421 p.m.) Absent: None. .2. PUBLIC STATEMENTS None. 3. CLOSED SESSION a. Conference with Legal Counsel —Existing Litigation; Closed Session pursuant to Government Code,section 54956.9(d) (1) regarding Brandi Lee v. City of Bakersfield, David Brantley, et al; :Kern County Superior Court Case Na. BCV -1.7 -101201 -TSC Motion by Vice -Mayor Parlier to adjourn to Closed Session at 4:41 p.m. Motion passed with Councilmembers Weir and.Suliivan absent. Motion passed. The Closed Session meeting was adjourned at 4:32.p.m. Meeting reconvened at 5:08 p.m. 4. CLOSED SESSION ACTION a_ Conference with Legal Counsel -- Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d).(1) regarding Brandi Lee v. City of Bakersfield, David. Brantley, et al, Kern County Superior Court Case No. BCV -17 -101201 -TSC By a unanimous vote, the City Attorney was given direction. 5. ADJOURNMENT Mayor Goh adjourned the 4:00 p.m. meeting at 5:09 p.m. 3/06/19 CC AGENDA PACKET PG 59 Bakersfield, California, February 5, 2019- Page 2 REGULAR MEETING- 5:15 p.m. 1 2. 0 4. .5. G ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, Weir, Smith, Freeman, Sullivan Absent: None INVOCATION by Pastor Dennis Hilken, Pastor of St. John Lutheran Church. PLEDGE OF ALLEGIANCE by Nick Oosthuizenl, Senior at Bakersfield High School.. PRESENTATIONS. a. Proclamation to the Safely Surrendered Baby Coalition declaring Safe Surrender Baby Awareness Month in Bakersfield during February 2019. Ms. Carter-Pscudero accepted the proclamation, made comments, and submitted written,material. PUBLIC. STATEMENTS a. Melanie Farmer, Downtown Business Association and Downtown Development Corporation, invited the Mayor and Council to attend the State of the.Downtown Breakfast on February 14.1h, at the Marriott Hotel. b. James Francisco spoke regarding community service and expressed concern with threats he has received from other church organizations. Vice --Mayor Parlier requested staff reach out to Mr. Francisco regarding his concerns. C. Michael Turnipseed, Kern County Taxpayers Association, and Nick Ortiz,. Greater Bakersfield Chamber of Commerce, spoke regarding. their recommendations for appointment to the Bakersfield Public Safety/Vi faI City Services. Measure Citizens Oversight Committee. WORKSHOPS None. 3/06/19 CC AGENDA PACKET PG 6 Bakersfield,. California, February 6,.2019- Page 3 7. APPOINTMENTS a. Appointment of nine Regular Committee Members to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee. (Staff recommends Council determination.) City Clerk Drimakis announced a staff memorandum was received transmitting correspondence regarding this item. City Clerk Drimakis announced applications for appointment were .received from eighty-seven (87) individuals, however, five candidates indicated they reside in the County and are ineligible for appointment. First vote (vote for 9): Ward 1 Robin Fernandez, Andrew Flores, Barry Hibbard, Brian Holt, Kenneth Keller; Wayland Louie; Ryan Nance, Mitchell Rowland, Beatris Sanders Ward.2 Andrew Flores, Barry Hibbard, Brian Holt, Kenneth Keller; Tracy Lopez, Wayland Louie,, Frederick Prince, Beatris Sanders, Jeremy Tobias Ward 3 Jeffrey Chinn, Barry Hibbard, Linda Jay,. Kenneth Keller, Valari Lee; Wayland Louie, Elsa Martinez, Pritesh Patel, Frederick Prince Ward 4. Sally Herald, Barry Hibbard, Kenneth Keller, Volari.Lee, .tiro Luff, Elsa Martinez. Frederick Prince, Mitchell Rowland, Beatris Sanders Ward.5 Mary Barra, Melanle. Farmer, Barry Hibbard, Linda .lay, Kenneth Keller, Wayland Louie, Pritesh Patel, Frederick Prince, Jeremy Tobias Ward 6 Norma Dioz. Melanie Former, Barry Hibbard, Linda Jay., Wayland Louie, Pritesh Patel, Frederick Prince, Mitchell Rowland; Beatris. Sanders Ward 7 Barry Hibbard, Brian. Holt, Kenneth Keller, Wayland. Louie; Ryan Nance, Prifesh Patel, Frederick. Prince, Mitchell Rowland, Beatris Sanders City Clerk Drimakis announced the following seven candidates received four votes or more: Barry Hibbard; Kenneth feller; Wayland Louie; Pritesh Patel; Frederick Prince; Mitchell Rowland; and Beatris Sanders. Second vote (vote for 2): Ward 3 Sally Herald; Brian Holt Ward 2 Brian Holt,:Jeremy Tobias Ward 3 Linda .lay,. Elsa Martinez Ward 4 Andrew Flares, Jeremy Tobias Ward 5 Melanie Farmer, Jeremy Tobias Ward.6 Melanie Farmer, Linda Jay Ward 7 Sally Herald, Brian Holt Bakersfield., California, February 6, 2019- Page 4 7. APPOINTMENTS continued City Cleric Drimakis announced. no candidates received four votes or more. Third vote (vote for 2) Ware( T Man Holt, Jeremy Tobias Ward 2 Brian Holt, Jeremy Tobias Ward 8 Linda Jay, Elsa Martinez Ward 4 Brian Holt, Jeremy Tobias Ward 5. Melanie Farmer, Jeremy Tobias Ward .6 Melanie Farmer, Linda Jay Ward .1 Sally Herold, Brian Half City. Clerk Drimakis announced the candidates that received four or more votes this round were Brian Holt and Jeremy Tobias. City Clerk Drimakis announced the. candidates appointed to the Bakersfield Public Safety/Vital City Services Measure Citizens oversight Committee include the following: Brian Halt; Barry Hibbard; Kenneth Keller; Welland Louie; Pritesh Patel; Frederick Prince; Mitchell Rowland; Beatris Sanders; and Jeremy Tobias. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items..) Minutes: a. Approval of minutes of the January 23, 2019,. Regular City Council Meeting. Payments: b. Receive and file department payments from January 11, 2.019 to January 24, 2019 in the amount of $1.3,901,165.70, Self-insurance payments from January 1. 1, 2019 to January 24. 2019, in the amount of $439,153.14, totaling $14,34.0,318:84. Ordinances: c. First reading of an ordinance. amending Title 17 of the Bakersfield Municipal Code within Chapter 17.32.A (Agricultural Zone) related to the Agricultural Zone regulations, FR ONLY Bakersfield, California, February 6, 2019— Page 5. 8. CONSENT CALENDAR continued d. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R�l (One Family Dwelling) to R=1.7 -CH (One Family Dwelling - Church Overlay) on approximately 27 acres, located at 12225 Stockdole Highway, ais.o being along the south side of 5tockdale Highway, approximately'/ mile east of South Allen Road. A resolution adopting a Negative Declaration will also be considered. (ZC # 18-0270 -Paul. Dhanens Architect, representing the property owner, Bridge. Bible Church of Mennonite Brethren) e. Adoption of ordinance amending the Official zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1 (One Family Dwelling) to C�21FCD (Regional Commercial/Planned Commercial Development) on .6.66. gross acres located on the southwest corner of the Hosking Avenue/South H Street intersection. (FR o1/23119) ORD 4968. Adoption of ordinance amending. the Official Zoning Map in Title 1.7 of the Bakersfield Municipal Code by changing the zone district from R�-2 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 6.938 gross acres and C-2 to R--2 on 6.938 gross acres located south of Stockdale Highway and north of Stockdale Ranch Road, between Wegis Avenue and Heath Road. (FR 81123119) ORD 4969 Resolutions: g. Resolution confirming approval by the City 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 the demolishment of dangerous. buildings and authorizing collection of the assessments by the Kern County Tax Collector. RES 079-19 Bakersfield, California, February 6, 2019- Page 0 8. CONSENT CALENDAR h. Resolution conditionally committing $1.5 Million in Home Investment Partnerships. (HOME) Funds to the Housing Authority of the County of Kern for the purpose of acquiring and developing an 8I -unit affordable housing complex located at 3345 Bernard.Street (APN 130-162-24) in Northeast Bakersfield. RES 026-19 Mount Vernon Recycling Facility: Resolution dispensing with the normal bidding procedure for the purchase of a wood waste grinder for the Mount Vernon Green Waste Facility from Pape Machinery Inc, not to exceed $808,098. RES 021-79 2. Appropriate $730,000 in Equipment Management Fund balance to the Public Works Department's operating budget to fund said purchase. 3. Appropriate and transfer. $78,100 from the Refuse Enterprise Fund balance to the Public Works Department operating budget Within the twquipment Management Fund to fund balance of said purchase. Auction of Bultman Collection: Resolution to authorize disposal of Bultman Collection at public :auction. RES 022-19 2. Consignment agreement with US Auctions to inventory, advertise sale, and hold public auction of Bultman Collection in exchange for receiving a 1017o to 13% commission fee on items sold. F-T-C&+elf Me L ie: Resolutions to. add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 2-71 (6500. District Avenue) -- Ward 6 RES 023-19 2. Area 4-19.0 (3310 California Avenue) - Ward 2 RES 024-19 / /r �r a 11a f1 f �♦ Bakersfield, California, February 6, 2019- Page 7 8. CONSENT CALENDAR Resolution adopting an amended conflict of interest code. RES 025-19 Agreements: m. Agreement with York Risk, Inc_ (not to exceed $675,377, for a three-year term, starting April 1, 2019), to provide liability adjusting services for claims filed against the City of Bakersfield. AGR 19-019 n. Agreement for acquisition of real property with Olive Drive Partners for the City to purchase the property located at 4646 California Avenue for $2,500,000. AGR 1.9-420 o. Master License Agreement with New Cingular Wireless. PCS, LLC. (AT&T) for the installation of wireless communication. equipment on City street lights. AGR 19-021 P. Implementation and Cooperation Agreement with the Housing Authority of the County of Kern for Affordable Housing and Sustainable Communities Program Project. AGR 19-022 q. Reimbursement agreement with AEC Management Bakersfield, LLC (riot to exceed $60,000)., for the reimbursement of costs with renting the Rabobank. Arena for the Christian Congregation of Jehovah's Witnesses conventions. AGR 19-023 r. Final. Map, Improvemerlt Agreement, and Landscape Agreement with Old River Road, LLC (Developer) for Tract 7304, Phase 1, located north of Berkshire and east of Old River Road. AGR 19-024; AGR 19-025 Arnendment No. I to Agreement No. 16-037 with Nishikawa Property Maintenance, Inc. ($186,62.2; revised not to exceed $532,318 and. extend term one year), for continued sports field maintenance. AGR 16-037(1) Bakersfield, California, February 5, 2019-- Page 8 8. CONSENT CALENDAR continued Amendment No. 3 to Agreement No. 15-057 with Stinson Stationers, Inc.. ($375;000; revised not to exceed $1,825,000 .and extend term one year), for the continued .supply of office supplies. AGR 15-057(3) u. Amendment No.l to Agreement No. 17=193 with NV5, Inc. ($200.000; revised not to exceed $400.0.00), to provide on-call construction inspection services for development projects and the Capital improvement Program. AGR 17=193(1). V. Amendment No. 4 to. Agreement No. 167035 with .Ferguson Enterprises Inc. (extend the term one year and increase compensation $45.,000; revised not to exceed $117.010.48) for the continued supply of fire hydrants. AGR 76-035(4) Bids: W. Accept bid and approve contract with Crosstown Electrical Data, Inc. {$224;736], for the project Traffic Signal Inierconnecf on Jewetta. Avenue from Hageman Road to Olive Drive. AGR 79-026 X, Accept bid from Gibbs International, Inc.. Bakersfield ($289,601.64) for two axle dump trucks for use by the Streets Division. Y. Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($35.0,00.0) for the construction of HUD curb, acid gutter for the Wilson Area. AGR 19-027 Z. Accept bid, approve contract to J. L. Plank, Inc., dba Gen -Cal Construction, Bakersfield ($300,000) for the construction of HUD curb, and gutter for the Old Town Kern/Beale Area. AGR 19-028 aa. Accept bid, approve contract to DOD Construction, Bakersfield ($153,000) for the construction of HUD curb, and gutter fo.r the Oleander Area. AGR 19-029 Bakersfield, California,. February B, 2019—Page 9 8. CONSENT CALENDAR continued ab. Accept bid, approve contract to J. L. Plank, Inc- dba Cen-Cal Construction; Bakersfield ($152,989.10) for the construction of HUD curb, and gutter for the East California Area. AGR 19-030 ac. Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($300,000) for the construction of HUD curb, and gutter for the East Belle Terrace Area. AGR 19-031 ad. Purchase of GPS Survey Equipment: 1. Extend bid from Engineering Supply Company, Inc. ($54,038.99) for the purchase of GPS Survey Equipment for the Public Works Department, Construction Division. 2. Appropriate $55,000 Equipment Fund balance to the. Public Works Department's Operating Budget within the Equipment Management Fund. Miscellaneous: ae. Quitclaim Deed to relinquish all rights of the Flowage and Drainage Easement to MQ Insurance Brokers, Inc. Profit Sharing Plan DEED 8994 Successor Agency Business: af. Receive and file Successor Agency payments from January 11, 20.19, to January24; 2019, in the amount of $294,233,70. Motion by Vice -Mayor Parlier to adopt Consent Calendar items. 8. a. through 8. of. Motion passed. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approval of items.) None. 10. HEARINGS None. 11. REPORTS None. 3/06/19 CC AGENDA PACKET PG 67 Bakersfield, California, Pebruary.6, 2019— Page 10 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Parlier amended his referral from the last meeting asking staff to set the workshop he requested for some time.in late April. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6.:31 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 3/06/19 CC AGENDA PACKET PG 68 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 6, 2019 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 4:00 p.m. Regular Meeting -5:15 p.m. SPECIAL MEETING - 4:00 PM 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, Weir (seated at 4:17 p.m.), Smith, Freeman, Sullivan (seated at 4:21 p.m.) Absent: None. 2. PUBLIC STATEMENTS ao"@- 3. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Brandi Lee v. City of Bakersfield; David Brantley, et al, Kern County Superior Court Case No. BCV -17 -101201 -TSC Motion by Vice -Mayor Smith to adjourn to Closed Session at 4:01 p.m. Motion passed with Councilmembers Weir and Sullivan absent. The Closed Session meeting was adjourned at 4:32 p.m. Meeting reconvened at 5:08 p.m. 4. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Brandi Lee v. City of Bakersfield; David Brantley, et al, Kern County Superior Court Case No. BCV -17 -101201 -TSC By a unanimous vote, the City Attorney was given direction. 5. ADJOURNMENT Mayor Goh adjourned the 4:00 p.m. meeting at 5:09 p.m. W Lf [,71J VJ Lq as Bakersfield, California, February 6, 2019- Page 2 REGULAR MEETING- 5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, Weir, Smith, Freeman, Sullivan Absent: None 2. INVOCATION by Pastor Dennis Hilken, Pastor of St. John Lutheran Church. 3. PLEDGE OF ALLEGIANCE by Nick Oosthuizen, Senior at Bakersfield High School. 4. PRESENTATIONS a. Proclamation to the Safely Surrendered Baby Coalition declaring Safe Surrender Baby Awareness Month in Bakersfield during February 2019. Ms. Carter-Escudero accepted the proclamation, made comments, and submitted written material. 5. PUBLIC STATEMENTS a. Melanie Farmer, Downtown Business Association and Downtown Development Corporation, invited the Mayor and Council to attend the State of the Downtown Breakfast on February 14th, at the Marriott Hotel. b. James Francisco spoke regarding community service and expressed concern with threats he has received from other church organizations. Vice -Mayor Parlier requested staff reach out to Mr. Francisco regarding his concerns. C. Michael Turnipseed, Kern County Taxpayers Association, and Nick Ortiz, Greater Bakersfield Chamber of Commerce, spoke regarding their recommendations for appointment to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee. 6. WORKSHOPS Bakersfield, California, February 6, 2019— Page 3 7. APPOINTMENTS a. Appointment of nine Regular Committee Members to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee. (Staff recommends Council determination.) City Clerk Drimakis announced a staff memorandum was received transmitting correspondence regarding this item. City Clerk Drimakis announced applications for appointment were received from eighty-seven (87) individuals, however, five candidates indicated they reside in the County and are ineligible for appointment. First vote (vote for 9): Ward 1 Robin Fernandez, Andrew Flores, Barry Hibbard, Brian Holt, Kenneth Keller, Wayland Louie, Ryan Nance, Mitchell Rowland, Beatris Sanders Ward 2 Andrew Flores, Barry Hibbard, Brian Holt, Kenneth Keller, Tracy Lopez, Wayland Louie, Frederick Prince, Beatris Sanders, Jeremy Tobias Ward 3 Jeffrey Chinn, Barry Hibbard, Linda Jay, Kenneth Keller, Valari Lee, Wayland Louie, Elsa Martinez, Pritesh Patel, Frederick Prince Ward 4 Sally Herald, Barry Hibbard, Kenneth Keller, Valari Lee, Jim Luff, Elsa Martinez, Frederick Prince, Mitchell Rowland, Beatris Sanders Ward 5 Mary Barro, Melanie Farmer, Barry Hibbard, Linda Jay, Kenneth Keller, Wayland Louie, Pritesh Patel, Frederick Prince, Jeremy Tobias Ward 6 Norma Diaz, Melanie Farmer, Barry Hibbard, Linda Jay, Wayland Louie, Pritesh Patel, Frederick Prince, Mitchell Rowland, Beatris Sanders Ward 7 Barry Hibbard, Brian Holt, Kenneth Keller, Wayland Louie, Ryan Nance, Pritesh Patel, Frederick Prince, Mitchell Rowland, Beatris Sanders City Clerk Drimakis announced the following seven candidates received four votes or more: Barry Hibbard; Kenneth Keller; Wayland Louie; Pritesh Patel; Frederick Prince; Mitchell Rowland; and Beatris Sanders. Second vote (vote for 2): Ward 1 Sally Herald, Brian Holt Ward 2 Brian Holt, Jeremy Tobias Ward 3 Linda Jay, Elsa Martinez Ward 4 Andrew Flores, Jeremy Tobias Ward 5 Melanie Farmer, Jeremy Tobias Ward 6 Melanie Farmer, Linda Jay Bakersfield, California, February 6, 2019- Page 4 Ward 7 Sally Herald, Brian Holt 7. APPOINTMENTS continued City Clerk Drimakis announced no candidates received four votes or more. Third vote (vote for 2): Ward 1 Brian Holt, Jeremy Tobias Ward 2 Brian Holt, Jeremy Tobias Ward 3 Linda Jay, Elsa Martinez Ward 4 Brian Holt, Jeremy Tobias Ward 5 Melanie Farmer, Jeremy Tobias Ward 6 Melanie Farmer, Linda Jay Ward 7 Sally Herald, Brian Holt City Clerk Drimakis announced the candidates that received four or more votes this round were Brian Holt and Jeremy Tobias. City Clerk Drimakis announced the candidates appointed to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee include the following: Brian Holt; Barry Hibbard; Kenneth Keller; Weiland Louie; Pritesh Patel; Frederick Prince; Mitchell Rowland; Beatris Sanders; and Jeremy Tobias. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the January 23, 2019, Regular City Council Meeting. Payments: b. Receive and file department payments from January 11, 2019 to January 24, 2019 in the amount of $13,901,165.70, Self -Insurance payments from January 11, 2019 to January 24, 2019, in the amount of $439,153.14, totaling $14,340,318.84. Ordinances: C. First reading of an ordinance amending Title 17 of the Bakersfield Municipal Code within Chapter 17.32 A (Agricultural Zone) related to the Agricultural Zone regulations. Bakersfield, California, February 6, 2019- Page 5 FR ONLY 8. CONSENT CALENDAR continued d. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1 (One Family Dwelling) to R -1 -CH (One Family Dwelling - Church Overlay) on approximately 27 acres, located at 12225 Stockdale Highway, also being along the south side of Stockdale Highway, approximately'/4 mile east of South Allen Road. A resolution adopting a Negative Declaration will also be considered. (ZC # 18-0270 - Paul Dhanens Architect, representing the property owner, Bridge Bible Church of Mennonite Brethren) FR ONLY e. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 6.66 gross acres located on the southwest corner of the Hosking Avenue/South H Street intersection. (FR 01/23/19) ORD 4968 Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 6.938 gross acres and C-2 to R-2 on 6.938 gross acres located south of Stockdale Highway and north of Stockdale Ranch Road, between Wegis Avenue and Heath Road. (FR 01/23/19) ORD 4969 Resolutions: g. Resolution confirming approval by the City 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 the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. RES 0 19- 19 Bakersfield, California, February 6, 2019- Page 6 8. CONSENT CALENDAR h. Resolution conditionally committing $1.5 Million in Home Investment Partnerships (HOME) Funds to the Housing Authority of the County of Kern for the purpose of acquiring and developing an 81 -unit affordable housing complex located at 3345 Bernard Street (APN 130-162-24) in Northeast Bakersfield. RES 020-19 Mount Vernon Recycling Facility: Resolution dispensing with the normal bidding procedure for the purchase of a wood waste grinder for the Mount Vernon Green Waste Facility from Pape Machinery Inc. not to exceed $808,098. RES 021-19 2. Appropriate $730,000 in Equipment Management Fund balance to the Public Works Department's operating budget to fund said purchase. 3. Appropriate and transfer $78,100 from the Refuse Enterprise Fund balance to the Public Works Department operating budget within the Equipment Management Fund to fund balance of said purchase. j. Auction of Bultman Collection: Resolution to authorize disposal of Bultman Collection at public auction. RES 022-19 2. Consignment agreement with US Auctions to inventory, advertise sale, and hold public auction of Bultman Collection in exchange for receiving a 10% to 13% commission fee on items sold. AGR 19-018 Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: Area 2-71 (6500 District Avenue) - Ward 6 RES 023-19 2. Area 4-190 (3310 California Avenue) - Ward 2 RES 024-19 Vf Lf [,Ylj a Le as s s Bakersfield, California, February 6, 2019- Page 7 8. CONSENT CALENDAR Resolution adopting an amended conflict of interest code. RES 025-19 Agreements: M. Agreement with York Risk, Inc. (not to exceed $675,377, for a three-year term, starting April 1, 2019), to provide liability adjusting services for claims filed against the City of Bakersfield. AGR 19-019 n. Agreement for acquisition of real property with Olive Drive Partners for the City to purchase the property located at 4646 California Avenue for $2,500,000. AGR 19-020 o. Master License Agreement with New Cingular Wireless PCS, LLC (AT&T) for the installation of wireless communication equipment on City street lights. AGR 19-021 P. Implementation and Cooperation Agreement with the Housing Authority of the County of Kern for Affordable Housing and Sustainable Communities Program Project. AGR 19-022 q. Reimbursement agreement with AEG Management Bakersfield, LLC (not to exceed $60,000), for the reimbursement of costs with renting the Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions. AGR 19-023 r. Final Map, Improvement Agreement, and Landscape Agreement with Old River Road, LLC (Developer) for Tract 7304, Phase 1, located north of Berkshire and east of Old River Road. AGR 19-024, AGR 19-025 S. Amendment No. 1 to Agreement No. 16-037 with Nishikawa Property Maintenance, Inc. ($186,622; revised not to exceed $532,318 and extend term one year), for continued sports field maintenance. AGR 16-037(1) / /'r �r a 11 a f t f Bakersfield, California, February 6, 2019- Page 8 8. CONSENT CALENDAR continued t. Amendment No. 3 to Agreement No. 15-057 with Stinson Stationers, Inc. ($375,000; revised not to exceed $1,825,000 and extend term one year), for the continued supply of office supplies. AGR 15-057(3) U. Amendment No.l to Agreement No. 17-193 with NVS, Inc. ($200,000; revised not to exceed $400,000), to provide on-call construction inspection services for development projects and the Capital Improvement Program. AGR 17-193(1) V. Amendment No. 4 to Agreement No. 16-035 with Ferguson Enterprises Inc. (extend the term one year and increase compensation $45,000, revised not to exceed $117,010.48) for the continued supply of fire hydrants. AGR 16-035(4) Bids: W. Accept bid and approve contract with Crosstown Electrical & Data, Inc. ($224,736), for the project Traffic Signal Interconnect on Jewetta Avenue from Hageman Road to Olive Drive. AGR 19-026 X. Accept bid from Gibbs International, Inc., Bakersfield ($289,601.64) for two axle dump trucks for use by the Streets Division. Y. Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($350,000) for the construction of HUD curb, and gutter for the Wilson Area. AGR 19-027 Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($300,000) for the construction of HUD curb, and gutter for the Old Town Kern/Beale Area. AGR 19-028 aa. Accept bid, approve contract to DOD Construction, Bakersfield ($153,000) for the construction of HUD curb, and gutter for the Oleander Area. AGR 19-029 Bakersfield, California, February 6, 2019- Page 9 8. CONSENT CALENDAR continued ab. Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($152,989.10) for the construction of HUD curb, and gutter for the East California Area. AGR 19-030 ac. Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($300,000) for the construction of HUD curb, and gutter for the East Belle Terrace Area. AGR 19-031 ad. Purchase of GPS Survey Equipment: Extend bid from Engineering Supply Company, Inc. ($54,038.99) for the purchase of GPS Survey Equipment for the Public Works Department, Construction Division. 2. Appropriate $55,000 Equipment Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund. Miscellaneous: ae. Quitclaim Deed to relinquish all rights of the Flowage and Drainage Easement to MBO Insurance Brokers, Inc. Profit Sharing Plan DEED 8994 Successor Agency Business: af. Receive and file Successor Agency payments from January 11, 2019, to January 24, 2019, in the amount of $290,233.70. Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.af. Motion passed. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approval of items.) None. 10. HEARINGS None. 11. REPORTS None. Bakersfield, California, February 6, 2019- Page 10 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Parlier amended his referral from the last meeting asking staff to set the workshop he requested for some time in late April. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:31 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 3/06/19 CC AGENDA PACKET PG 7 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 1/11/2019 VITI-11 N SUBJECT: Receive and file department payments from January 25, 2019 to February 21, 2019 in the amount of $36,508,721.07, Self Insurance payments from January 25, 2019 to February 21, 2019, in the amount of $1,079,975.72, totaling $37,588,696.79. STAFF RECOMMENDATION: Staff recommends receiving and filing the report. BACKGROUND: ATTACHMENTS: Description D 1 /kPCI�iec,IkRegi'isteir/kdiry)i'iiriiO3O620,19 D 2 E/kPCI�iec,IkRegi'isteir/kdiry)i'iiriiO3O620'19 Type BackUIMateir4� Ba. ckUIMateir4� 03106119 CC AGENDA PACKET PG 79 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686193 10037 MISCELLANEOUS TRUST VENDOR Jan 25, 2019 $400.00 686194 10037 MISCELLANEOUS TRUST VENDOR Jan 25, 2019 $400.00 686195 15461 ALVIDREZ, TONY M Jan 25, 2019 $26.33 686196 359 ANDERSON, ALLEN M Jan 25, 2019 $6.13 686197 10037 MISCELLANEOUS TRUST VENDOR Jan 25, 2019 $200.00 686198 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $645.00 686199 24927 ARRIBILLAGA, ROSEMARIE Jan 25, 2019 $42.50 686200 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $293.00 686201 541 AVALOS, JOHN Jan 25, 2019 $26.33 686202 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $377.00 686203 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $1,492.00 686204 15209 BERTRAND, FLOYD Jan 25, 2019 $18.88 686205 1111 BLACKBURN, CLEO Jan 25, 2019 $26.33 686206 70385 BLAND AIR CONDITIONING & HEATING Jan 25, 2019 $543.18 686207 17192 BOWEN, CECIL Jan 25, 2019 $35.05 686208 70490 BRAUN ELECTRIC COMPANY Jan 25, 2019 $500.00 686209 70491 BSK ASSOCIATES Jan 25, 2019 $1,000.00 686210 1463 CADENA, JAKE Jan 25, 2019 $26.33 686211 1771 CARROLL, EUGENE J Jan 25, 2019 $13.07 686212 24395 CERDA CONCRETE SERVICES Jan 25, 2019 $1,145.00 686213 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $490.00 686214 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $382.00 686215 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $754.00 686216 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $980.00 686217 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $308.00 686218 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $219.00 686219 10037 MISCELLANEOUS TRUST VENDOR Jan 25, 2019 $200.00 686220 12236 COLBURN, NORMA Jan 25, 2019 $42.50 686221 70019 COLOMBO CONSTRUCTION CO INC Jan 25, 2019 $400.00 686222 70017 CONCASTCO Jan 25, 2019 $1,200.00 686223 2224 CORE, FLORN R Jan 25, 2019 $42.50 686224 10697 CRAWFORD, KAREN Jan 25, 2019 $4.42 686225 2435 DE LAURIE, JERRY Jan 25, 2019 $13.07 686226 2630 DOYLE, MIKE Jan 25, 2019 $32.64 686227 10037 MISCELLANEOUS TRUST VENDOR Jan 25, 2019 $300.00 686228 11696 FRALEY, DEBORAH Jan 25, 2019 $18.18 686229 12742 GEORGE, PRESTON Jan 25, 2019 $26.33 686230 3360 GILLBURG, GEORGE Jan 25, 2019 $26.33 686231 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $870.00 686232 3452 GRAYBAR ELECTRIC COMPANY Jan 25, 2019 $157.12 686233 24139 GUTIERREZ TIRE & WHEEL INC Jan 25, 2019 $4,170.15 686234 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $464.00 686235 25970 HACKER, ROBERT Jan 25, 2019 $42.50 686236 3593 HALL LETTER SHOP Jan 25, 2019 $109.80 686237 11942 HALL, DENNIS Jan 25, 2019 $26.33 686238 3660 HARBOR FREIGHT TOOLS Jan 25, 2019 $212.33 686239 3770 HERRERA, FRANK R Jan 25, 2019 $26.11 686240 10037 MISCELLANEOUS TRUST VENDOR Jan 25, 2019 $142.00 686241 18263 HUB CONSTRUCTION SPECIALTIES INC Jan 25, 2019 $809.89 686242 11438 HUNTINGTON, LORRAINE Jan 25, 2019 $25.41 686243 16912 JOHN BALFANZ HOMES INC Jan 25, 2019 $14,368.28 686244 24194 JOHNSON, CLARISSE Jan 25, 2019 $26.33 686245 4243 JORGENSEN & CO Jan 25, 2019 $50.00 686246 27671 KELLER, MAXINE Jan 25, 2019 $42.50 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/06/19 C.0 AGENDA PACKET PG 80 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686247 4435 KERN COUNTY CLERKS Jan 25, 2019 $450.00 686248 15335 KERN COUNTY COUNSEL Jan 25, 2019 $991.10 686249 4581 KERN ELECTRIC DISTRIBUTORS Jan 25, 2019 $254.87 686250 7492 KERN MACHINERY INC Jan 25, 2019 $601.64 686251 4680 KERN RIVER POWER EQUIPMENT INC Jan 25, 2019 $122.65 686252 4740 KERN TURF SUPPLY Jan 25, 2019 $368.52 686253 21175 KISBEY, KAREN Jan 25, 2019 $13.07 686254 5163 LOPEZ, FRANK Jan 25, 2019 $26.33 686255 24061 MAHAFFEY, BOBBY Jan 25, 2019 $26.33 686256 7064 MERCHANTS PRINTING & ENVELOPE Jan 25, 2019 $583.18 686257 5547 MINUTEMAN PRESS Jan 25, 2019 $1,561.20 686258 10600 MOYER, MICKEY D. Jan 25, 2019 $42.50 686259 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $538.00 686260 5896 NEWTON, KENNETH RAY Jan 25, 2019 $12.85 686261 30170 O RAND, BOB L Jan 25, 2019 $26.33 686262 24279 O'REILLY AUTO PARTS Jan 25, 2019 $374.52 686263 5963 OFFENBURGER, BILL Jan 25, 2019 $42.50 686264 27975 OWEN, M ROSE Jan 25, 2019 $6.13 686265 29655 P &A ADMINISTRATION SERVICES INC Jan 25, 2019 $2,034.00 686266 29655 P &A ADMINISTRATION SERVICES INC Jan 25, 2019 $225.70 686267 11451 PHILLIPS, SHIRLEY A Jan 25, 2019 $4.42 686268 12132 QUON, MICHAEL F Jan 25, 2019 $35.05 686269 26318 RIGHT OF WAY INC Jan 25, 2019 $200.00 686270 28060 ROBERTS, EMMA Jan 25, 2019 $42.50 686271 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $464.00 686272 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $2,014.00 686273 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $1,703.00 686274 7337 SHERFY, ROBERT M. Jan 25, 2019 $35.05 686275 7357 SHERMAN, THOMAS Jan 25, 2019 $26.33 686276 7351 SHIPES, HENRY Jan 25, 2019 $26.33 686277 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $2,014.00 686278 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $1,703.00 686279 70011 TERRY BEDFORD CONCRETE Jan 25, 2019 $200.00 686280 20357 TEUTIMEZ, DONALD Jan 25, 2019 $25.41 686281 26861 TORRES, SHIRLEY Jan 25, 2019 $26.33 686282 24193 URSIN, MARGARET Jan 25, 2019 $42.50 686283 29174 VALLIANT, JOHN Jan 25, 2019 $1.31 686284 19844 VAN WYK, MITCH Jan 25, 2019 $4,293.00 686285 17940 VINCENT, LESLIE Jan 25, 2019 $6.83 686286 15380 WILLIAMS, ISABEL Jan 25, 2019 $26.33 686287 9052 WISHAM, DARLENE Jan 25, 2019 $26.33 686288 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $293.00 686289 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $293.00 686290 10047 MISC RECEIVABLE REFUND VENDOR Jan 25, 2019 $219.00 686292 3403 GOLDEN STATE PETERBILT Jan 25, 2019 $5,956.05 686294 3427 GRAINGER INC, W W Jan 25, 2019 $3,884.36 686297 7933 HOME DEPOT Jan 25, 2019 $2,366.91 686298 4573 KERN COUNTY WATER AGENCY Jan 25, 2019 $356,081.66 686300 15624 LOWE'S HOME IMPROVEMENT Jan 25, 2019 $1,505.29 686301 10204 ASSOCIATION BKFD POLICE OFFICER FCU Jan 25, 2019 $14,548.77 686302 10211 BAKERSFIELD FIREMEN Jan 25, 2019 $9,153.85 686303 10200 BAKERSFIELD FIREMEN RELIEF ASS Jan 25, 2019 $7,673.28 686304 10203 BAKERSFIELD POLICE BENEFIT Jan 25, 2019 $25,728.28 686305 10205 MUTUAL BENEFIT ASSOCIATION Jan 25, 2019 $2,130.74 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/06/19 C.0 AGENDA PACKET PG 81 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686306 26810 RELIASTAR LIFE INSURANCE CO Jan 25, 2019 $1,880.60 686307 22324 SEIU LOCAL 521 Jan 25, 2019 $14,942.45 686308 25208 ACCESS CONTROLS INC Jan 31, 2019 $3,351.00 686309 25365 AECOM TECHNICAL SERVICES INC Jan 31, 2019 $28,113.12 686310 160 ALL THAT LETTERING SIGN COMPNY Jan 31, 2019 $34.32 686311 176 ALLSTAR FIRE EQUIPMENT Jan 31, 2019 $2,901.11 686312 26835 AMERICAN RED CROSS -HEALTH & Jan 31, 2019 $1,212.00 686313 16235 APPLIED CONCEPTS INC Jan 31, 2019 $12,957.83 686314 1049 APPLIED LNG TECHNOLOGIES LLC Jan 31, 2019 $21,701.45 686315 20521 ARIES INDUSTRIES INC Jan 31, 2019 $905.90 686316 13049 ARMA COATINGS OF BAKERSFIELD Jan 31, 2019 $429.00 686317 22986 ATHENS TECHNICAL SPECIALISTS INC Jan 31, 2019 $690.89 686318 675 BAKERSFIELD CALIFORNIAN Jan 31, 2019 $64.71 686319 19911 BAKERSFIELD HARLEY DAVIDSON INC Jan 31, 2019 $107,542.84 686320 866 BAKERSFIELD TOOL REPAIR Jan 31, 2019 $830.03 686321 875 BAKERSFIELD TRUCK CENTER Jan 31, 2019 $13.16 686322 877 BAKERSFIELD WELL & PUMP Jan 31, 2019 $444,761.88 686323 28617 BALANDRAN, MARTHA Jan 31, 2019 $3,854.82 686324 910 BALLARD, WILLIAM J Jan 31, 2019 $100.00 686325 557 BARO Jan 31, 2019 $217.80 686326 13424 BARNES WELDING SUPPLY Jan 31, 2019 $43.10 686327 20234 BARTHELMES, DEAN Jan 31, 2019 $66.00 686328 18398 BATTERY SYSTEMS INC Jan 31, 2019 $64.03 686329 306 BEARCAT MFG INC Jan 31, 2019 $332.74 686330 19513 BELL, CHRIS Jan 31, 2019 $10.00 686331 28231 BIG BRAND TIRE & SERVICE Jan 31, 2019 $721.69 686332 21172 BLACKHOLE TECHNOLOGIES INC Jan 31, 2019 $189.05 686333 28341 BOB'S AUTO GLASS INC Jan 31, 2019 $459.81 686334 22817 BORN AGAIN BODYWORKS Jan 31, 2019 $1,699.19 686335 10351 BOWMAN ASPHALT Jan 31, 2019 $192,271.30 686336 1249 BRANDCO Jan 31, 2019 $156.51 686337 1292 BROWN ARMSTRONG Jan 31, 2019 $5,500.00 686338 10267 BUDGET BOLT INC Jan 31, 2019 $233.81 686339 1359 BUDS BRAKE & WHEEL PARTS Jan 31, 2019 $130.42 686340 23090 BURTONS FIRE INC Jan 31, 2019 $2,060.80 686341 27941 CAL PRIME INC Jan 31, 2019 $222,520.62 686342 1477 CAL VALLEY EQUIPMENT INC Jan 31, 2019 $145.00 686343 1495 CALGON CARBON CORPORATION Jan 31, 2019 $185,104.00 686344 1695 CALIFORNIA WATER SERVICE CO Jan 31, 2019 $74,308.00 686345 1695 CALIFORNIA WATER SERVICE CO Jan 31, 2019 $612,375.59 686346 27074 CEN -CAL CONSTRUCTION INC Jan 31, 2019 $11,038.98 686347 21938 CHAMPNESS, DANIEL Jan 31, 2019 $363.00 686348 23786 CHART INDUSTRIES Jan 31, 2019 $992.73 686349 28192 CHAVEZ, RAMON Jan 31, 2019 $190.00 686350 28780 CLEAN CUT LANDSCAPE MGMT INC Jan 31, 2019 $7,710.00 686351 29966 CODE PUBLISHING COMPANY Jan 31, 2019 $1,664.20 686352 21034 COLEMAN, VERION Jan 31, 2019 $419.00 686353 11167 COLES ENVIRONMENTAL Jan 31, 2019 $480.75 686354 4433 COUNTY OF KERN ENVIRONMENTAL Jan 31, 2019 $11,280.48 686355 22374 CSI SERVICES INC Jan 31, 2019 $1,388.00 686356 24231 DORLIS, TOM Jan 31, 2019 $25.00 686357 23538 DOYLE, BRANDON Jan 31, 2019 $66.00 686358 30184 DTIS DIESEL LLC Jan 31, 2019 $1,018.88 686359 14298 EMBASSY SUITES Jan 31, 2019 $1,408.74 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 82 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686360 16624 FASTENAL COMPANY Jan 31, 2019 $407.56 686361 2901 FEDEX Jan 31, 2019 $20.06 686362 20844 FERGUSON, PRAET & SHERMAN Jan 31, 2019 $1,580.00 686363 15252 FIDLER, NICK Jan 31, 2019 $117.00 686364 12577 FINDLEY, KEVIN Jan 31, 2019 $338.00 686365 19657 FIRST CHOICE SERVICES INC Jan 31, 2019 $186.98 686366 2980 FISHER SCIENTIFIC Jan 31, 2019 $1,074.83 686367 27788 FLOW N CONTROL INC Jan 31, 2019 $4,535.23 686368 30120 FOLEY, BREANNA Jan 31, 2019 $193.00 686369 30212 GARY FRIEDMAN RETIREMENT DINNER Jan 31, 2019 $120.00 686370 28064 GENERAL TREE SERVICE INC Jan 31, 2019 $18,001.00 686371 29376 GLENN, STEVEN Jan 31, 2019 $1,998.00 686372 3403 GOLDEN STATE PETERBILT Jan 31, 2019 $204.00 686373 3450 GRANITE CONSTRUCTION INC Jan 31, 2019 $2,786,225.55 686374 24247 GREGS PETROLEUM SERVICES INC Jan 31, 2019 $921.32 686375 24139 GUTIERREZ TIRE & WHEEL INC Jan 31, 2019 $53.63 686376 30216 HARTMAN, GARRET Jan 31, 2019 $132.00 686377 27818 HAYNES, NICHOLAS Jan 31, 2019 $83.00 686378 26384 HOGAN LAW APC Jan 31, 2019 $2,047.50 686379 18263 HUB CONSTRUCTION SPECIALTIES INC Jan 31, 2019 $180.45 686380 23351 HOOT, CHRISTOPHER Jan 31, 2019 $231.00 686381 20621 ICF JONES & STOKES INC Jan 31, 2019 $37,890.82 686382 70390 IPC USA INC Jan 31, 2019 $1,304.60 686383 19283 JAM SERVICES INC Jan 31, 2019 $1,174.39 686384 28917 JAN -PRO CLEANING SYSTEMS Jan 31, 2019 $2,116.00 686385 28363 JEFFRIES, RONNIE Jan 31, 2019 $363.00 686386 28396 JOHNS, VICTORIA Jan 31, 2019 $1,364.00 686387 21945 JUAREZ, FELIPE Jan 31, 2019 $66.00 686388 29699 JUSTIN CHRISTENSEN CONST & CLEANUP Jan 31, 2019 $679.00 686389 28989 K & I SERVICES INC Jan 31, 2019 $3,576.00 686390 19554 K & R TOWING Jan 31, 2019 $35.00 686391 26914 KAHANIC, NICHOLAS Jan 31, 2019 $87.00 686392 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Jan 31, 2019 $49.98 686393 4423 KERN COUNCIL OF GOVERNMENTS Jan 31, 2019 $440.00 686394 4500 KERN COUNTY FIRE DEPARTMENT Jan 31, 2019 $53,783.03 686395 4573 KERN COUNTY WATER AGENCY Jan 31, 2019 $9,669.82 686396 4581 KERN ELECTRIC DISTRIBUTORS Jan 31, 2019 $1,121.30 686397 7492 KERN MACHINERY INC Jan 31, 2019 $577.66 686398 4740 KERN TURF SUPPLY Jan 31, 2019 $890.02 686399 14219 L A GRINDING INC Jan 31, 2019 $455.50 686400 12553 LEAGUE OF CALIFORNIA CITIES Jan 31, 2019 $1,306.00 686401 1030 LEXISNEXIS MATTHEW BENDER Jan 31, 2019 $136.41 686402 15624 LOWE'S HOME IMPROVEMENT Jan 31, 2019 $1,387.57 686403 25105 M & J PLASTERING Jan 31, 2019 $2,495.00 686404 26124 MARANATHA LANDSCAPE INC Jan 31, 2019 $840.00 686405 26427 MARTIN, KARL Jan 31, 2019 $419.00 686406 23758 MARTINEZ, LYNN Jan 31, 2019 $66.00 686407 10998 MARTINEZ, RUBEN Jan 31, 2019 $425.00 686408 18657 MCAFEE, DANIEL Jan 31, 2019 $419.00 686409 5328 MCCAIN TRAFFIC SUPPLY Jan 31, 2019 $26,937.33 686410 27490 MCINTYRE, FRANK Jan 31, 2019 $419.00 686411 27825 MELENDEZ, DANNI Jan 31, 2019 $107.00 686412 14119 METRO RECORD STORAGE INC Jan 31, 2019 $75.00 686413 29671 MEYER, JORDAN Jan 31, 2019 $132.00 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 83 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686414 1316 MICHELIN NORTH AMERICA INC Jan 31, 2019 $8,618.95 686415 22070 MOE, RANDY Jan 31, 2019 $83.00 686416 5681 MOSS, ROBERT B JR Jan 31, 2019 $14,128.37 686417 5688 MOTION INDUSTRIES INC Jan 31, 2019 $501.55 686418 28735 MULLAHEY CDJR Jan 31, 2019 $146,561.45 686419 5790 MUXLOW CONSTRUCTION Jan 31, 2019 $3,500.00 686420 20361 NOSSAMAN LLP Jan 31, 2019 $32,981.64 686421 3910 O'CONNOR PEST CONTROL Jan 31, 2019 $295.00 686422 24279 O'REI LLY AUTO PARTS Jan 31, 2019 $110.81 686423 29655 P &A ADMINISTRATION SERVICES INC Jan 31, 2019 $661.95 686424 18661 PARK, DENNIS Jan 31, 2019 $104.00 686425 13209 PARKHOUSE TIRE INC Jan 31, 2019 $580.24 686426 20828 PARSONS TRANSPORTATION GROUP INC Jan 31, 2019 $1,649.35 686427 6263 PENSINGER TRAILER RENTALS Jan 31, 2019 $2,049.13 686428 29817 PERKINS, CHRISTINA Jan 31, 2019 $107.00 686429 28869 PERRY, BRETT Jan 31, 2019 $87.00 686430 27911 PORTERVILLE FORD Jan 31, 2019 $221.13 686431 984 POWERSTRIDE BATTERY CO INC Jan 31, 2019 $209.14 686432 28405 PRATT, CHARLES Jan 31, 2019 $2,860.00 686433 6653 RAIN FOR RENT INC Jan 31, 2019 $1,178.15 686434 20713 RANDY'S TOWING LLC Jan 31, 2019 $35.00 686435 3249 RAY GASKIN SERVICE INC Jan 31, 2019 $631.12 686436 6682 RAYMONDS TROPHY AND AWARDS Jan 31, 2019 $204.53 686437 6727 REFRIGERATION SUPPLIES DIST. INC Jan 31, 2019 $352.54 686438 12665 SAN JOAQUIN FENCE & SUPPLY Jan 31, 2019 $22,992.85 686439 15481 SAN JOAQUIN VALLEY RAILROAD CO INC Jan 31, 2019 $5,692.50 686440 22538 SANTA BARBARA CONTROL SYSTEMS INC Jan 31, 2019 $288.49 686441 29729 SCREEN 2 CRUSH INC Jan 31, 2019 $18,232.50 686442 26203 SIERRA CONST & EXCAVATION INC Jan 31, 2019 $24,184.65 686443 29651 SINGH, PARMINDER Jan 31, 2019 $300.00 686444 21703 SLAGLE'S MATTRESS FACTORY INC Jan 31, 2019 $867.89 686445 18005 SLATER PLUMBING & MECHANICAL Jan 31, 2019 $1,491.13 686446 7434 SMART & FINAL IRIS COMPANY Jan 31, 2019 $421.19 686447 11566 SOIL CONTROL LAB INC Jan 31, 2019 $968.00 686448 25502 SPARTAN TRUCK CO INC Jan 31, 2019 $791.02 686449 22147 STANTEC CONSULTING SERVICES INC Jan 31, 2019 $2,462.25 686450 28923 STARS AND STRIPES Jan 31, 2019 $18,200.00 686451 25207 SUNBELT CONTROLS Jan 31, 2019 $2,063.96 686452 28496 SUPPLYWORKS Jan 31, 2019 $3,608.01 686453 7750 SURFACE PUMPS INC Jan 31, 2019 $12,112.25 686454 19143 SUZETTE'S CLEANERS Jan 31, 2019 $641.25 686455 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Jan 31, 2019 $294.49 686456 25338 TEN EIGHT TOW INC Jan 31, 2019 $70.00 686457 6732 THE REGENTS OF THE UNIVERSITY OF C Jan 31, 2019 $1,565.00 686458 25991 TRAMEL, MATTHEW Jan 31, 2019 $83.00 686459 21369 TRANS -WEST SECURITY INC Jan 31, 2019 $5,458.47 686460 70200 TRINITY SAFETY CO Jan 31, 2019 $136.74 686461 96 TYACK TIRES INC Jan 31, 2019 $202.30 686462 15212 U.S. BEHAVIORAL HEALTH PLAN Jan 31, 2019 $4,646.40 686463 30211 UBM EVENTS REGISTRATION Jan 31, 2019 $1,699.00 686464 21501 URBAN RESTORATION GROUP USA INC Jan 31, 2019 $1,425.35 686465 21513 USABLUEBOOK Jan 31, 2019 $1,771.51 686466 8520 VALLEY POWER SYSTEMS, INC Jan 31, 2019 $58.53 686467 8400 VWR SCIENTIFIC Jan 31, 2019 $841.96 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 84 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686468 28176 W L CONSTRUCTION SUPPLY INC Jan 31, 2019 $448.99 686469 5158 W M LYLES COMPANY Jan 31, 2019 $1,495,827.25 686470 17159 WEST, BRIAN Jan 31, 2019 $419.00 686471 26447 WESTCOAST HYDRAULICS Jan 31, 2019 $729.37 686472 21212 WHITE CAP CONSTRUCTION SUPPLY Jan 31, 2019 $269.08 686473 20165 WILLDAN ENGINEERING Jan 31, 2019 $750.00 686474 16906 WILLIAMS, JOHN G Jan 31, 2019 $10.00 686475 26474 WILLOW RANCH RESTAURANT LLC Jan 31, 2019 $625.27 686476 13371 WIMBISH, RICK Jan 31, 2019 $419.00 686477 18790 WINSTON WATER SERVICES Jan 31, 2019 $1,690.00 686478 25542 WOLFE, RONALD Jan 31, 2019 $25.00 686479 22612 YOON, PAUL Jan 31, 2019 $104.00 686480 9234 ZALCO LABORATORIES INC Jan 31, 2019 $335.00 686481 9244 ZEP MANUFACTURING COMPANY Jan 31, 2019 $616.01 686482 25815 1 800 RADIATOR & A/C INC Jan 31, 2019 $250.96 686483 70001 A C ELECTRIC COMPANY Jan 31, 2019 $10,000.00 686486 78 ADVANCED DISTRIBUTION CO Jan 31, 2019 $23,864.91 686487 12516 AIMS Jan 31, 2019 $1,751.74 686489 8530 AMERIPRIDE UNIFORM SERVICES Jan 31, 2019 $3,474.31 686490 10199 BAKERSFIELD CITY EMPLOYEE Jan 31, 2019 $2,102.50 686491 10320 BAKERSFIELD HOMELESS CENTER Jan 31, 2019 $16,689.32 686494 1696 CALIFORNIA WATER SERVICE Jan 31, 2019 $15,475.51 686495 29955 CHRISP COMPANY Jan 31, 2019 $124,791.75 686496 11937 CITY OF BAKERSFIELD Jan 31, 2019 $1,446.00 686497 17023 CITY OF BAKERSFIELD Jan 31, 2019 $8,618.00 686498 25786 G S E CONSTRUCTION CO INC Jan 31, 2019 $80,593.57 686500 3358 GILLIAM & SONS INC Jan 31, 2019 $66,669.25 686502 3427 GRAINGER INC, W W Jan 31, 2019 $7,778.11 686503 3450 GRANITE CONSTRUCTION INC Jan 31, 2019 $24,457.83 686504 3511 GRIFFITH COMPANY INC Jan 31, 2019 $15,480.61 686505 30046 HERRERA, MARISOL Jan 31, 2019 $176.00 686507 7933 HOME DEPOT Jan 31, 2019 $3,270.21 686508 28914 IAPMO Jan 31, 2019 $85.00 686511 26387 JIM BURKE FORD -EO Jan 31, 2019 $804,314.20 686512 4494 KERN COUNTY CLERK Jan 31, 2019 $100.00 686513 4577 KERN DELTA WATER DIST Jan 31, 2019 $83.75 686514 4677 KERN REFUSE DISPOSAL, INC Jan 31, 2019 $121,448.12 686515 30034 MECHANIC'S BANK Jan 31, 2019 $4,241.77 686516 11346 NATIONAL FIRE PROTECTION ASSOC Jan 31, 2019 $350.00 686517 15695 NENA Jan 31, 2019 $284.00 686524 6114 PACIFIC GAS & ELECTRIC COMPANY Jan 31, 2019 $266,995.60 686526 6114 PACIFIC GAS & ELECTRIC COMPANY Jan 31, 2019 $60,870.95 686528 27361 SC FUELS Jan 31, 2019 $16,036.97 686530 14647 WAXIE SANITARY SUPPLY INC Jan 31, 2019 $5,055.28 686531 14027 WOLF, GREG Jan 31, 2019 $176.00 686532 30002 MEDICAL EYE SERVICE COMPANY Jan 31, 2019 $5,089.16 686533 26810 RELIASTAR LIFE INSURANCE CO Jan 31, 2019 $3,695.91 686534 30027 U S BANK - PARS #6746022400 Jan 31, 2019 $1,569.55 686535 30029 UNITED CONCORDIA DENTAL PLANS OF CA Jan 31, 2019 $49,207.15 686536 30020 UNUM Jan 31, 2019 $5,064.73 686537 24130 ALDACO, RODRIGO Feb 1, 2019 $125.00 686538 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $200.00 686539 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $15.00 686540 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $400.00 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/06/19 C.0 AGENDA PACKET 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686541 19085 BAKERSFIELD CHRISTIAN HIGH SCHOOL Feb 1, 2019 $500.00 686542 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $200.00 686543 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $400.00 686544 70113 BOLTHOUSE PROPERTIES LLC Feb 1, 2019 $10,000.00 686545 70492 BOSCO CONSTRUCTORS Feb 1, 2019 $5,000.00 686546 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $148.00 686547 22305 CALVILLO, JUAN Feb 1, 2019 $125.00 686548 22395 CARMONA, ARTHUR Feb 1, 2019 $125.00 686549 10047 MISC RECEIVABLE REFUND VENDOR Feb 1, 2019 $77.52 686550 30217 CHAVEZ, MICHAEL Feb 1, 2019 $125.00 686551 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $200.00 686552 2170 CONTROL FIRE PROTECTION INC Feb 1, 2019 $400.00 686553 12632 DERRELL'S MINI STORAGE Feb 1, 2019 $200.00 686554 70495 DLB FIRE PROTECTION Feb 1, 2019 $550.00 686555 70163 EAST NILES COMMUNITY SERVICE DIST Feb 1, 2019 $384.00 686556 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $81.00 686557 27995 FLORES, ERIK Feb 1, 2019 $112.59 686558 18687 GEORGE, STEPHEN A Feb 1, 2019 $75.05 686559 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $400.00 686560 23204 GONZALEZ RIOS, ALBINO Feb 1, 2019 $118.25 686561 3452 GRAYBAR ELECTRIC COMPANY Feb 1, 2019 $1,388.82 686562 7933 HOME DEPOT Feb 1, 2019 $49.71 686563 10047 MISC RECEIVABLE REFUND VENDOR Feb 1, 2019 $293.00 686564 70494 JONES, MICHAEL Feb 1, 2019 $800.00 686565 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Feb 1, 2019 $1,431.45 686566 28770 KIDZ LOVE SOCCER Feb 1, 2019 $2,652.00 686567 10047 MISC RECEIVABLE REFUND VENDOR Feb 1, 2019 $377.00 686568 21688 MARTINEZ, NOE Feb 1, 2019 $120.63 686569 29655 P &A ADMINISTRATION SERVICES INC Feb 1, 2019 $227.55 686570 10047 MISC RECEIVABLE REFUND VENDOR Feb 1, 2019 $98.00 686571 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $200.00 686572 20394 RODRIGUEZ, RAYMOND Feb 1, 2019 $101.88 686573 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $200.00 686574 29634 SAENZ, STEVEN Feb 1, 2019 $125.00 686575 10047 MISC RECEIVABLE REFUND VENDOR Feb 1, 2019 $1,771.16 686576 23990 TAPIA-GAMING, PABLO Feb 1, 2019 $125.00 686577 10047 MISC RECEIVABLE REFUND VENDOR Feb 1, 2019 $142.64 686578 17322 THORNBURG, RANDY Feb 1, 2019 $78.79 686579 10047 MISC RECEIVABLE REFUND VENDOR Feb 1, 2019 $275.43 686580 70401 TURNER TRANS LIFT INC Feb 1, 2019 $500.00 686581 30209 WFG NATIONAL TITLE INSURANCE CO Feb 1, 2019 $47.84 686582 70493 WOMENS MARCH LA FOUNDATION Feb 1, 2019 $500.00 686583 28865 BLUE SHIELD OF CALIFORNIA Feb 1, 2019 $650,924.82 686584 10047 MISC RECEIVABLE REFUND VENDOR Feb 1, 2019 $252.50 686587 3427 GRAINGER INC, W W Feb 1, 2019 $4,639.77 686588 12857 KAISER PERMANENTE Feb 1, 2019 $36,188.58 686589 10037 MISCELLANEOUS TRUST VENDOR Feb 1, 2019 $406.00 686590 29221 UNITED CONCORDIA DENTAL PLANS OF CA Feb 1, 2019 $4,854.25 686591 28 A C ELECTRIC COMPANY Feb 7, 2019 $4,274.47 686592 22721 ACCELERATED ENVIRONMENTAL SERV INC Feb 7, 2019 $10,242.00 686593 20576 ACTION GLASS INC Feb 7, 2019 $115.00 686594 15433 ADVANCE MOBILE SECURITY Feb 7, 2019 $458.40 686595 28831 ADVANCED INDUSTRIAL SERVICES Feb 7, 2019 $2,662.40 686596 28011 AG EXPO MAGAZINE INC Feb 7, 2019 $500.00 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/06/19 C.0 AGENDA PACKET 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686597 29926 AG WELD Feb 7, 2019 $3,113.58 686598 12516 AIMS Feb 7, 2019 $35,459.83 686599 19696 ALEMAN, KIM Feb 7, 2019 $130.50 686600 24462 ALIANZA RECYCLING & RECOVERY LLC Feb 7, 2019 $189.00 686601 160 ALL THAT LETTERING SIGN COMPNY Feb 7, 2019 $1,461.28 686602 23588 ALUMINUM CHUCK WAGON Feb 7, 2019 $2,065.48 686603 1049 APPLIED LNG TECHNOLOGIES LLC Feb 7, 2019 $12,237.29 686604 13049 ARMA COATINGS OF BAKERSFIELD Feb 7, 2019 $858.00 686605 652 BACSCO Feb 7, 2019 $122.37 686606 675 BAKERSFIELD CALIFORNIAN Feb 7, 2019 $132.16 686607 10320 BAKERSFIELD HOMELESS CENTER Feb 7, 2019 $20,367.25 686608 841 BAKERSFIELD RUBBER STAMP CO Feb 7, 2019 $92.88 686609 857 BAKERSFIELD S P C A Feb 7, 2019 $72,240.00 686610 875 BAKERSFIELD TRUCK CENTER Feb 7, 2019 $216.27 686611 13424 BARNES WELDING SUPPLY Feb 7, 2019 $349.34 686612 945 BARNETT'S TOWING SERVICE INC Feb 7, 2019 $70.00 686613 28231 BIG BRAND TIRE & SERVICE Feb 7, 2019 $60.00 686614 23444 BILLINGSLEY, MATTHEW Feb 7, 2019 $648.10 686615 21172 BLACKHOLE TECHNOLOGIES INC Feb 7, 2019 $8,837.36 686616 26219 BLOORE K9 TRAINING & CONSULTING Feb 7, 2019 $1,050.00 686617 29657 BLUE, SAMUEL Feb 7, 2019 $105.28 686618 28341 BOB'S AUTO GLASS INC Feb 7, 2019 $1,623.66 686619 22817 BORN AGAIN BODYWORKS Feb 7, 2019 $1,997.16 686620 10351 BOWMAN ASPHALT Feb 7, 2019 $76,721.82 686621 28382 BR FROST COMPANY Feb 7, 2019 $26,683.55 686622 30231 BRACKETT, KELSEY Feb 7, 2019 $82.00 686623 19303 BRIGHT HOUSE NETWORKS Feb 7, 2019 $249.96 686624 1271 BROCKS TRAILER Feb 7, 2019 $1,263.90 686625 10267 BUDGET BOLT INC Feb 7, 2019 $430.35 686626 15292 BURDICK, JEFFREY Feb 7, 2019 $363.00 686627 23090 BURTONS FIRE INC Feb 7, 2019 $583.17 686628 1477 CAL VALLEY EQUIPMENT INC Feb 7, 2019 $252.41 686629 1687 CALIFORNIA TRUCK ACCESSORIES Feb 7, 2019 $477.36 686630 30213 CAMFIL USA Feb 7, 2019 $3,568.76 686631 18347 CAROLINA SOFTWARE Feb 7, 2019 $500.00 686632 30228 CASTRO, SHANTILL Feb 7, 2019 $166.75 686633 27074 CEN -CAL CONSTRUCTION INC Feb 7, 2019 $27,347.28 686634 14931 CHEM PRO LABORATORY INC Feb 7, 2019 $5,748.48 686635 2016 CLARK PEST CONTROL INC Feb 7, 2019 $48.00 686636 11167 COLES ENVIRONMENTAL Feb 7, 2019 $225.00 686637 27839 CRITTERS WITHOUT LITTERS Feb 7, 2019 $2,200.00 686638 30197 CROMER MATERIAL HANDLING/GRAYLIFT Feb 7, 2019 $3,445.00 686639 18600 CSAC EXCESS INSURANCE AUTHORITY Feb 7, 2019 $33,261.00 686640 27218 CUMMINS PACIFIC LLC Feb 7, 2019 $295.10 686641 27296 D & D DISPOSAL INC Feb 7, 2019 $1,848.00 686642 25337 DAVIES FLEET MAINT & TOWING INC Feb 7, 2019 $105.00 686643 4140 DAVID JANES COMPANY Feb 7, 2019 $240.90 686644 24213 DIAMOND H HAULING Feb 7, 2019 $700.00 686645 2558 DISPENSING TECHNOLOGY CORP Feb 7, 2019 $4,832.69 686646 22659 DRV TECHNOLOGIES INC Feb 7, 2019 $529.75 686647 30210 E Z GO A TEXTRON COMPANY Feb 7, 2019 $1,685.75 686648 20062 ECOLINE INDUSTRIAL SUPPLY Feb 7, 2019 $2,487.17 686649 2752 ELBERT DISTRIBUTING Feb 7, 2019 $118.17 686650 2811 ENTENMANN ROVIN CO Feb 7, 2019 $494.41 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 87 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686651 546 ENVIRONMENTAL CONCEPTS Feb 7, 2019 $2,964.46 686652 2901 FEDEX Feb 7, 2019 $343.30 686653 15252 FIDLER, NICK Feb 7, 2019 $299.70 686654 25339 FLEET SERVICES TOWING INC Feb 7, 2019 $35.00 686655 27788 FLOW N CONTROL INC Feb 7, 2019 $37,736.88 686656 21457 FUNCTIONAL ERGONOMICS INC Feb 7, 2019 $750.00 686657 308 GARDENERS SUPPLY INC Feb 7, 2019 $37.54 686658 26885 GARRETT, CHAD Feb 7, 2019 $493.88 686659 28064 GENERAL TREE SERVICE INC Feb 7, 2019 $19,357.00 686660 3358 GILLIAM & SONS INC Feb 7, 2019 $47,506.00 686661 18722 GLOBALSTAR USA INC Feb 7, 2019 $89.96 686662 30230 GO WEST SUMMIT Feb 7, 2019 $2,695.00 686663 29928 GOLDEN STAR TECHNOLOGY Feb 7, 2019 $13,669.45 686664 3403 GOLDEN STATE PETERBILT Feb 7, 2019 $13,859.09 686665 24247 GREGS PETROLEUM SERVICES INC Feb 7, 2019 $9,005.62 686666 3569 H & S BODY WORKS & TOWING Feb 7, 2019 $290.00 686667 30000 H&H AUTO PARTS WHOLESALE Feb 7, 2019 $352.40 686668 3593 HALL LETTER SHOP Feb 7, 2019 $108.65 686670 3714 HEALTH METRICS INC Feb 7, 2019 $6,500.00 686671 19200 HERNANDEZ, ANTHONY Feb 7, 2019 $300.00 686672 20053 HLP, INC Feb 7, 2019 $3,840.00 686673 18263 HUB CONSTRUCTION SPECIALTIES INC Feb 7, 2019 $289.48 686674 27898 IES ENGINEERING Feb 7, 2019 $21,695.15 686675 70390 IPC USA INC Feb 7, 2019 $4,127.29 686676 24099 J GARCIA TRUCKING INC Feb 7, 2019 $4,980.00 686677 19283 JAM SERVICES INC Feb 7, 2019 $2,496.78 686678 147 JIM ALFTER CEMENT CONTRACTOR Feb 7, 2019 $62,923.60 686679 26387 JIM BURKE FORD -EQ Feb 7, 2019 $123,678.08 686680 4243 JORGENSEN & CO Feb 7, 2019 $25.97 686681 28989 K & I SERVICES INC Feb 7, 2019 $8,791.00 686682 19554 K & R TOWING Feb 7, 2019 $35.00 686683 4500 KERN COUNTY FIRE DEPARTMENT Feb 7, 2019 $37,008.37 686684 4573 KERN COUNTY WATER AGENCY Feb 7, 2019 $3,231.09 686685 4577 KERN DELTA WATER DIST Feb 7, 2019 $57,496.32 686686 7492 KERN MACHINERY INC Feb 7, 2019 $462.70 686687 26248 KERN PRINT SERVICES INC Feb 7, 2019 $349.56 686688 4680 KERN RIVER POWER EQUIPMENT INC Feb 7, 2019 $817.47 686689 4740 KERN TURF SUPPLY Feb 7, 2019 $1,651.94 686690 4861 KISCO SALES INC Feb 7, 2019 $178.38 686691 4277 KME FIRE APPARATUS Feb 7, 2019 $1,063.67 686692 26294 KRONOS INCORPORATED Feb 7, 2019 $1,710.00 686693 14219 L A GRINDING INC Feb 7, 2019 $85.50 686694 22408 LEHR AUTO ELECTRIC Feb 7, 2019 $1,881.36 686695 5133 LOOP ELECTRIC INC Feb 7, 2019 $1,800.00 686696 27933 MALLORY SAFETY & SUPPLY LLC Feb 7, 2019 $1,743.20 686697 22386 MCCAULEY, NATHAN Feb 7, 2019 $82.00 686698 7064 MERCHANTS PRINTING & ENVELOPE Feb 7, 2019 $903.48 686699 14119 METRO RECORD STORAGE INC Feb 7, 2019 $732.40 686700 19252 MEYER CIVIL ENGINEERING INC Feb 7, 2019 $15,840.00 686701 1316 MICHELIN NORTH AMERICA INC Feb 7, 2019 $9,317.88 686702 5547 MINUTEMAN PRESS Feb 7, 2019 $2,801.13 686703 26760 MISTRY, RAJAH Feb 7, 2019 $714.11 686704 20547 MITCHELL 1 Feb 7, 2019 $4,972.62 686705 20733 MOBILE AG & INDUSTRIAL SUPPLY INC Feb 7, 2019 $6,239.41 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 88 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686706 18659 MORPHIS, SEAN Feb 7, 2019 $231.00 686707 5681 MOSS, ROBERT B JR Feb 7, 2019 $435.00 686708 5688 MOTION INDUSTRIES INC Feb 7, 2019 $37.89 686709 29249 MOTOR VEHICLE NETWORK Feb 7, 2019 $812.00 686710 885 MSC INDUSTRIAL SUPPLY CO INC Feb 7, 2019 $638.55 686711 5804 NAPA AUTO PARTS Feb 7, 2019 $115.70 686712 24167 NOLTE ASSOCIATES INC Feb 7, 2019 $48,388.39 686713 25953 NVB EQUIPMENT INC Feb 7, 2019 $439.71 686714 28687 NV5 INC Feb 7, 2019 $318,044.16 686715 10361 OPEN & SHUT ENTERPRISES Feb 7, 2019 $360.00 686716 6025 ORR SAFETY Feb 7, 2019 $1,697.12 686717 19012 ORTIZ, CARINA Feb 7, 2019 $82.00 686718 22301 OVERLAND PACIFIC & CUTLER INC Feb 7, 2019 $104,621.33 686719 14515 OXLEY'S PEST CONTROL INC Feb 7, 2019 $285.00 686720 19049 PACIFIC PRODUCTS & SERVICES LLC Feb 7, 2019 $16,918.20 686721 20828 PARSONS TRANSPORTATION GROUP INC Feb 7, 2019 $256,713.97 686722 29637 PINNACLE PETROLEUM INC Feb 7, 2019 $83,067.85 686723 6376 PIONEER PAINT Feb 7, 2019 $1,681.71 686724 27911 PORTERVILLE FORD Feb 7, 2019 $611.01 686725 25313 R & A UPHOLSTERY Feb 7, 2019 $460.00 686726 20713 RANDY'S TOWING LLC Feb 7, 2019 $697.50 686727 3249 RAY GASKIN SERVICE INC Feb 7, 2019 $195.59 686728 6682 RAYMONDS TROPHY AND AWARDS Feb 7, 2019 $338.48 686729 28480 READY REFRESH Feb 7, 2019 $208.12 686730 19224 REDFLEX INC Feb 7, 2019 $62,247.26 686731 29099 ROTATIONAL MOLDING INC Feb 7, 2019 $27,530.13 686732 6915 ROUND -UP FEED AND PET SUPPLY Feb 7, 2019 $478.23 686733 28000 RUSH TRUCK CENTERS OF CAL INC Feb 7, 2019 $551.27 686734 7029 SAN DIEGO POLICE EQUIPMENT CO Feb 7, 2019 $2,121.76 686735 12665 SAN JOAQUIN FENCE & SUPPLY Feb 7, 2019 $7,783.00 686736 25220 SANDYS COMMUNICATIONS Feb 7, 2019 $181.79 686737 27361 SC FUELS Feb 7, 2019 $22,222.33 686738 21489 SCP DISTRIBUTORS LLC Feb 7, 2019 $271.34 686739 28327 SJE RHOMBUS Feb 7, 2019 $5,010.00 686740 16913 SKARPHOL ASSOCIATES Feb 7, 2019 $4,477.15 686741 18005 SLATER PLUMBING & MECHANICAL Feb 7, 2019 $3,493.63 686742 7434 SMART & FINAL IRIS COMPANY Feb 7, 2019 $465.69 686743 29897 SOLUTIONS Feb 7, 2019 $7,948.26 686744 11907 SPARKLETTS/SIERRA SPRINGS Feb 7, 2019 $451.88 686745 26607 SPARKLING IMAGE CAR WASH Feb 7, 2019 $14.99 686746 25140 SPECIAL SERVICES GROUP LLC Feb 7, 2019 $4,800.00 686747 28923 STARS AND STRIPES Feb 7, 2019 $2,400.00 686748 70488 STATEWIDE TRAFFIC SAFETY Feb 7, 2019 $6,772.76 686749 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Feb 7, 2019 $313.23 686750 29458 SUPERION, LLC Feb 7, 2019 $4,056.19 686751 28496 SUPPLYWORKS Feb 7, 2019 $2,264.04 686752 8180 T & T TRUCK AND CRANE INC. Feb 7, 2019 $740.00 686753 26369 T Y LIN INTERNATIONAL INC Feb 7, 2019 $46,112.32 686754 28832 T -MOBILE USA Feb 7, 2019 $255.00 686755 21158 TARGET SPECIALTY PRODUCTS Feb 7, 2019 $6,260.72 686756 12103 TERRY, GREG Feb 7, 2019 $82.00 686757 7999 THREE-WAY CHEVROLET Feb 7, 2019 $641.85 686758 27852 TINER, KYLE Feb 7, 2019 $625.00 686759 22218 TOPETE, LUIS Feb 7, 2019 $442.70 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/06/19 C.0 AGENDA PACKET PG 89 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686760 23837 TPX COMMUNICATIONS Feb 7, 2019 $1,601.26 686761 19213 TREMCO Feb 7, 2019 $2,499.00 686762 70200 TRINITY SAFETY CO Feb 7, 2019 $425.78 686763 96 TYACK TIRES INC Feb 7, 2019 $1,115.46 686764 584 ULINE SHIPPING SUPPLY Feb 7, 2019 $682.56 686765 27786 UNION BANK TRUST DEPT -FEES Feb 7, 2019 $875.00 686766 8319 UNITED PARCEL SERVICE Feb 7, 2019 $8.91 686767 13920 UNITED SITE SERVICES OF CA INC Feb 7, 2019 $137.25 686768 8520 VALLEY POWER SYSTEMS, INC Feb 7, 2019 $2,304.59 686769 5158 W M LYLES COMPANY Feb 7, 2019 $65,816.57 686770 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 7, 2019 $313.69 686771 20165 WILLDAN ENGINEERING Feb 7, 2019 $2,640.00 686772 29642 WSP USA INC Feb 7, 2019 $174,827.62 686773 18167 ZAP MANUFACTURING INC Feb 7, 2019 $2,014.99 686774 27706 ZOHO CORP Feb 7, 2019 $300.00 686775 17690 ZONES Feb 7, 2019 $1,077.54 686776 70001 A C ELECTRIC COMPANY Feb 7, 2019 $94,421.20 686777 537 AT&T Feb 7, 2019 $15,964.59 686778 18484 AT&T Feb 7, 2019 $301.31 686781 78 ADVANCED DISTRIBUTION CO Feb 7, 2019 $26,302.69 686784 8530 AMERIPRIDE UNIFORM SERVICES Feb 7, 2019 $2,877.87 686785 15471 BAKERSFIELD COLLEGE Feb 7, 2019 $85.00 686786 18159 C W E A Feb 7, 2019 $280.00 686789 1696 CALIFORNIA WATER SERVICE Feb 7, 2019 $18,288.32 686791 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 7, 2019 $3,511.92 686793 1888 CHAMPION HARDWARE Feb 7, 2019 $6,035.64 686794 11572 CPRS Feb 7, 2019 $1,080.00 686795 15063 CPRS DISTRICT 15 Feb 7, 2019 $1,485.00 686796 70397 DAYS GENERATOR SERVICE INC Feb 7, 2019 $0.00 686797 12533 DEPT OF TOXIC SUBSTANCES CONTR Feb 7, 2019 $1,287.50 686798 23708 DMA WEST Feb 7, 2019 $400.00 686799 25786 G S E CONSTRUCTION CO INC Feb 7, 2019 $86,538.40 686801 3213 GALLS, LLC Feb 7, 2019 $9,984.94 686803 3427 GRAINGER INC, W W Feb 7, 2019 $5,043.12 686804 15629 GREATER BAKERSFIELD VISION 2020 Feb 7, 2019 $10,000.00 686807 7933 HOME DEPOT Feb 7, 2019 $4,637.12 686808 15624 LOWE'S HOME IMPROVEMENT Feb 7, 2019 $1,176.67 686809 30034 MECHANIC'S BANK Feb 7, 2019 $2,800.00 686811 24279 O'REI LILY AUTO PARTS Feb 7, 2019 $438.84 686812 25787 SCOTT VALLEY BANK Feb 7, 2019 $1,754.65 686813 7509 SOCALGAS Feb 7, 2019 $356.56 686814 29582 STOCKBRIDGE GENERAL CONTRACTING Feb 7, 2019 $11,877.97 686815 29758 SW CONSTRUCTION Feb 7, 2019 $46,225.43 686816 20601 VERIZON WIRELESS Feb 7, 2019 $19,745.96 686817 20601 VERIZON WIRELESS Feb 7, 2019 $25.02 686818 20601 VERIZON WIRELESS Feb 7, 2019 $1,642.46 686819 20601 VERIZON WIRELESS Feb 7, 2019 $694.62 686820 23003 WESTEC INC Feb 7, 2019 $175.00 686821 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $250.00 686822 70060 ALPINE CHRISTMAS TREES Feb 8, 2019 $1,250.00 686823 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $69.96 686824 70105 BAKERSFIELD HOMELESS CTR Feb 8, 2019 $250.00 686825 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $241.32 686826 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $608.34 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 90 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686827 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $400.00 686828 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $418.00 686829 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $200.00 686830 70480 CROWN CASTLE Feb 8, 2019 $600.00 686831 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $126.00 686832 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $200.00 686833 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $323.18 686834 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $200.00 686835 70118 FROSTY'S FOREST Feb 8, 2019 $200.00 686836 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $200.00 686837 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $200.00 686838 70036 GENERAL TREE SERVICE INC Feb 8, 2019 $200.00 686839 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $120.72 686840 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $167.04 686841 70498 HCI INC Feb 8, 2019 $526.00 686842 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $149.08 686843 70192 HP COMMUNICATIONS INC Feb 8, 2019 $2,000.00 686844 24241 HUB INTERNATIONAL Feb 8, 2019 $314.90 686845 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $21.90 686846 24599 JED FRANCIS INC Feb 8, 2019 $400.00 686847 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $278.57 686848 4429 KERN COUNTY AUDITOR CONTROLLER Feb 8, 2019 $2,189.53 686849 4435 KERN COUNTY CLERKS Feb 8, 2019 $200.00 686850 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $107.78 686851 70497 MEENACH, JUSTIN Feb 8, 2019 $500.00 686852 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $100.81 686853 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $207.07 686854 70496 OMNI FAMILY HEALTH Feb 8, 2019 $15,473.00 686855 29655 P &A ADMINISTRATION SERVICES INC Feb 8, 2019 $4,975.76 686856 29655 P &A ADMINISTRATION SERVICES INC Feb 8, 2019 $12,323.21 686857 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $106.61 686858 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $192.59 686859 20713 RANDY'S TOWING LLC Feb 8, 2019 $930.00 686860 70025 ROBO PLUMBING Feb 8, 2019 $316.00 686861 70065 S C ANDERSON INC Feb 8, 2019 $1,200.00 686862 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $23.78 686863 70004 SIERRA CONSTRUCTION Feb 8, 2019 $356.00 686864 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $20.95 686865 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $382.87 686866 70086 TOWERY COMMERCIAL Feb 8, 2019 $1,704.00 686867 21113 TOWERY HOMES Feb 8, 2019 $400.00 686868 70401 TURNER TRANS LIFT INC Feb 8, 2019 $500.00 686869 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $20.68 686870 10047 MISC RECEIVABLE REFUND VENDOR Feb 8, 2019 $92.29 686871 70397 DAYS GENERATOR SERVICE INC Feb 8, 2019 $17,402.40 686872 2468 DEPARTMENT OF JUSTICE Feb 8, 2019 $572.00 686873 2468 DEPARTMENT OF JUSTICE Feb 8, 2019 $750.00 686874 24369 FELIZ, ANTHONY Feb 8, 2019 $125.00 686875 10037 MISCELLANEOUS TRUST VENDOR Feb 8, 2019 $416.00 686876 23127 KERN COUNTY TREASURER TAX COLLECTOR Feb 8, 2019 $33.74 686877 23127 KERN COUNTY TREASURER TAX COLLECTOR Feb 8, 2019 $17.43 686878 23127 KERN COUNTY TREASURER TAX COLLECTOR Feb 8, 2019 $130.75 686879 23127 KERN COUNTY TREASURER TAX COLLECTOR Feb 8, 2019 $23.51 686880 23127 KERN COUNTY TREASURER TAX COLLECTOR Feb 8, 2019 $139.91 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/06/19 C.0 AGENDA PACKET PG 91 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686881 23127 KERN COUNTY TREASURER TAX COLLECTOR Feb 8, 2019 $23.51 686882 23127 KERN COUNTY TREASURER TAX COLLECTOR Feb 8, 2019 $106.90 686883 23127 KERN COUNTY TREASURER TAX COLLECTOR Feb 8, 2019 $33.74 686884 23127 KERN COUNTY TREASURER TAX COLLECTOR Feb 8, 2019 $33.72 686887 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 8, 2019 $19,089.35 686888 7637 SWRCB - STORM WATER SECTION Feb 8, 2019 $1,870.00 686889 10204 ASSOCIATION BKFD POLICE OFFICER FCU Feb 8, 2019 $14,548.77 686890 10211 BAKERSFIELD FIREMEN Feb 8, 2019 $9,153.85 686891 10200 BAKERSFIELD FIREMEN RELIEF ASS Feb 8, 2019 $7,734.04 686892 10203 BAKERSFIELD POLICE BENEFIT Feb 8, 2019 $26,071.62 686893 10205 MUTUAL BENEFIT ASSOCIATION Feb 8, 2019 $2,083.35 686894 26810 RELIASTAR LIFE INSURANCE CO Feb 8, 2019 $1,860.29 686895 22324 SEIU LOCAL 521 Feb 8, 2019 $14,889.92 686896 497 AT&T Feb 14, 2019 $125.00 686897 30229 ABM INDUSTRY GROUPS LLC Feb 14, 2019 $808.07 686898 78 ADVANCED DISTRIBUTION CO Feb 14, 2019 $6,737.27 686899 28688 ALLIED UNIVERSAL SECURITY SERVICES Feb 14, 2019 $9,062.65 686900 27366 AMERICAN MESSAGING Feb 14, 2019 $198.96 686901 26835 AMERICAN RED CROSS -HEALTH & Feb 14, 2019 $506.00 686902 340 AMERIGAS Feb 14, 2019 $430.58 686903 17585 AMERINATIONAL COMMUNITY SERV INC Feb 14, 2019 $1,065.31 686904 30102 ARMAGOST, PETER Feb 14, 2019 $148.00 686905 25610 AUTO DAMAGE APPRAISERS Feb 14, 2019 $120.00 686906 30162 BAKER & HOSTETLER LLP Feb 14, 2019 $451.50 686907 675 BAKERSFIELD CALIFORNIAN Feb 14, 2019 $2,223.20 686908 19911 BAKERSFIELD HARLEY DAVIDSON INC Feb 14, 2019 $24,735.35 686909 971 BAKERSFIELD PLUMBING CO INC Feb 14, 2019 $95.00 686910 857 BAKERSFIELD S P C A Feb 14, 2019 $1,983.06 686911 877 BAKERSFIELD WELL & PUMP Feb 14, 2019 $42,842.89 686912 557 BARC Feb 14, 2019 $526.10 686913 14470 BAUER COMPRESSORS INCORPORATED Feb 14, 2019 $2,798.90 686914 306 BEARCAT MFG INC Feb 14, 2019 $462.81 686915 1069 BETHANY SERVICES Feb 14, 2019 $4,778.76 686916 23444 BILLINGSLEY, MATTHEW Feb 14, 2019 $864.08 686917 28341 BOB'S AUTO GLASS INC Feb 14, 2019 $343.13 686918 10351 BOWMAN ASPHALT Feb 14, 2019 $129,000.05 686919 28382 BR FROST COMPANY Feb 14, 2019 $4,700.00 686920 1271 BROCKS TRAILER Feb 14, 2019 $91.97 686921 16565 BTE COMMUNICATIONS Feb 14, 2019 $205.69 686922 10267 BUDGET BOLT INC Feb 14, 2019 $306.95 686923 24240 BUILDING ELECTRONIC CONTROLS INC Feb 14, 2019 $405.00 686924 23090 BURTONS FIRE INC Feb 14, 2019 $374.36 686925 12549 C C A S A Feb 14, 2019 $225.00 686926 30238 CA ANIMAL WELFARE ASSOC Feb 14, 2019 $250.00 686927 1495 CALGON CARBON CORPORATION Feb 14, 2019 $138,828.00 686928 12366 CALIFORNIA ASSOCIATION OF CODE Feb 14, 2019 $430.00 686929 29489 CALIFORNIA SURFACE SOLUTIONS INC Feb 14, 2019 $900.00 686930 1694 CALIFORNIA WATER SERVICE Feb 14, 2019 $557,287.35 686931 26499 CALISTRO, MIGUIEL Feb 14, 2019 $65.00 686932 27074 CEN -CAL CONSTRUCTION INC Feb 14, 2019 $5,894.35 686933 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 14, 2019 $213.66 686934 16974 CERTEX WEST USA INC Feb 14, 2019 $73.75 686935 1888 CHAMPION HARDWARE Feb 14, 2019 $584.10 686936 2016 CLARK PEST CONTROL INC Feb 14, 2019 $300.00 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/06/19 C.0 AGENDA PACKET PG 92 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 14 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686937 28780 CLEAN CUT LANDSCAPE MGMT INC Feb 14, 2019 $3,265.00 686938 29966 CODE PUBLISHING COMPANY Feb 14, 2019 $208.45 686939 11167 COLES ENVIRONMENTAL Feb 14, 2019 $2,886.80 686940 25259 COMMERCIAL CLEANING SYSTEMS INC Feb 14, 2019 $5,798.35 686941 27218 CUMMINS PACIFIC LLC Feb 14, 2019 $2,191.95 686942 25337 DAVES FLEET MAINT & TOWING INC Feb 14, 2019 $35.00 686943 25962 DEFINITI COMP SOLUTIONS Feb 14, 2019 $171.71 686944 18556 DIAZ, OLIVIA Feb 14, 2019 $182.00 686945 25742 DISCOUNT RADIATOR CENTER Feb 14, 2019 $644.71 686946 11104 DURAN, ESTHER Feb 14, 2019 $148.00 686947 2811 ENTENMANN ROVIN CO Feb 14, 2019 $331.54 686948 16624 FASTENAL COMPANY Feb 14, 2019 $46.40 686949 2901 FEDEX Feb 14, 2019 $64.14 686950 28511 FIRST ADVANTAGE BACKGROUND Feb 14, 2019 $529.21 686951 19657 FIRST CHOICE SERVICES INC Feb 14, 2019 $501.96 686952 2980 FISHER SCIENTIFIC Feb 14, 2019 $479.17 686953 25339 FLEET SERVICES TOWING INC Feb 14, 2019 $35.00 686954 22966 FORENSIC NURSE SPECIALISTS INC Feb 14, 2019 $9,000.00 686955 14236 FRANDO, JOHN Feb 14, 2019 $111.00 686956 28326 FUN EXPRESS Feb 14, 2019 $39.14 686957 29826 FWD MG INC Feb 14, 2019 $90.09 686958 3213 GALLS, LLC Feb 14, 2019 $3,566.05 686959 29172 GILL, SAMEENA KAUR Feb 14, 2019 $1,141.99 686960 3358 GILLIAM & SONS INC Feb 14, 2019 $30,050.49 686961 28714 GOLDEN STATE GOLF TOURS INC Feb 14, 2019 $1,000.00 686962 3427 GRAINGER INC, W W Feb 14, 2019 $2,536.22 686963 25155 GRANT WRITING USA Feb 14, 2019 $1,365.00 686964 3511 GRIFFITH COMPANY INC Feb 14, 2019 $583,994.34 686965 24429 H & E EQUIPMENT SERVICES LLC Feb 14, 2019 $3,282.92 686966 29303 HARDCASTLE SPECIALTIES INC Feb 14, 2019 $260.00 686967 30236 HARD, DALLAS Feb 14, 2019 $6,018.61 686968 20543 HOOVER, DIANNE Feb 14, 2019 $75.00 686969 30237 HOTEL ROSEDALE Feb 14, 2019 $309.12 686970 18263 HUB CONSTRUCTION SPECIALTIES INC Feb 14, 2019 $227.80 686971 3929 HYDRAULIC CONTROLS INC Feb 14, 2019 $172.31 686972 11375 1 C M A CONFERENCE REGISTRATI Feb 14, 2019 $75.00 686973 27898 IES ENGINEERING Feb 14, 2019 $2,871.09 686974 19632 INSIGHT ENVIRONMENTAL CONSULTANTS Feb 14, 2019 $271.25 686975 25575 J & M LAND RESTORATION, INC Feb 14, 2019 $22,820.00 686976 28917 JAN -PRO CLEANING SYSTEMS Feb 14, 2019 $1,365.00 686977 4243 JORGENSEN & CO Feb 14, 2019 $1,480.43 686978 28989 K & I SERVICES INC Feb 14, 2019 $7,897.00 686979 19554 K & R TOWING Feb 14, 2019 $35.00 686980 22379 KEMIRA WATER SOLUTIONS INC Feb 14, 2019 $5,554.26 686981 23915 KERN COUNTY NETWORK FOR CHILDREN Feb 14, 2019 $300.00 686982 19570 KERN COUNTY RECORDER Feb 14, 2019 $94.00 686983 4577 KERN DELTA WATER DIST Feb 14, 2019 $15,575.31 686984 4581 KERN ELECTRIC DISTRIBUTORS Feb 14, 2019 $2,622.76 686985 4677 KERN REFUSE DISPOSAL, INC Feb 14, 2019 $1,452,414.71 686986 4740 KERN TURF SUPPLY Feb 14, 2019 $770.98 686987 4750 KERN VALLEY SUN Feb 14, 2019 $64.60 686988 23434 KINNEY, STEVEN P Feb 14, 2019 $1,972.00 686989 4861 KISCO SALES INC Feb 14, 2019 $549.92 686990 4875 KNIGHTS PUMPING & PORTABLE SVC INC Feb 14, 2019 $84.87 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/06/19 C.0 AGENDA PACKET PG 93 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 15 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 686991 12552 KURB KUT Feb 14, 2019 $650.00 686992 14219 L A GRINDING INC Feb 14, 2019 $45.00 686993 23743 LANDSCAPE DEVELOPMENT INC Feb 14, 2019 $875.00 686994 12553 LEAGUE OF CALIFORNIA CITIES Feb 14, 2019 $67,167.00 686995 22408 LEHR AUTO ELECTRIC Feb 14, 2019 $1,953.67 686996 25044 LEXISNEXIS RISK SOLUTIONS INC Feb 14, 2019 $1,445.85 686997 30056 LIBERTY COMPOSTING INC Feb 14, 2019 $13,447.10 686998 16380 LUFF, HILLARY Feb 14, 2019 $82.00 686999 28310 M-1 LLC Feb 14, 2019 $28,705.39 687000 5291 MARTIN & CHAPMAN Feb 14, 2019 $263.80 687001 5369 MCMASTER CARR SUPPLY CO Feb 14, 2019 $115.36 687002 20156 MEAD & HUNT INC Feb 14, 2019 $17,389.00 687003 23771 MEDINA, ERNIE Feb 14, 2019 $148.00 687004 28760 MEDIWASTE DISPOSAL LLC Feb 14, 2019 $124.00 687005 25190 MEMORIAL OCCUPATIONAL MEDICINE Feb 14, 2019 $407.00 687006 18520 METROPOLITAN RECYCLING LLC Feb 14, 2019 $59,634.45 687007 19252 MEYER CIVIL ENGINEERING INC Feb 14, 2019 $212.90 687008 1316 MICHELIN NORTH AMERICA INC Feb 14, 2019 $3,463.79 687009 27634 MID VALLEY PUBLISHING Feb 14, 2019 $308.00 687010 5547 MINUTEMAN PRESS Feb 14, 2019 $147.94 687011 26625 MOORE, MALCOLM Feb 14, 2019 $148.00 687012 28984 MORALES & MORALES GARDENING Feb 14, 2019 $3,000.00 687013 885 MSC INDUSTRIAL SUPPLY CO INC Feb 14, 2019 $429.58 687014 29828 MT POSO COGENERATION COMPANY LLC Feb 14, 2019 $450.00 687015 5790 MUXLOW CONSTRUCTION Feb 14, 2019 $2,320.00 687016 21773 NATIONAL HOSE TESTING SPEC INC Feb 14, 2019 $5,235.00 687017 22058 NET TRANSCRIPTS, INC. Feb 14, 2019 $490.50 687018 18888 NIEMEYER & ASSOCIATES INC Feb 14, 2019 $2,676.46 687019 25752 NISHIKAWA PROPERTY MAINTENANCE INC Feb 14, 2019 $9,309.00 687020 3910 O'CONNOR PEST CONTROL Feb 14, 2019 $295.00 687021 24279 O'REI LILY AUTO PARTS Feb 14, 2019 $94.89 687022 10361 OPEN & SHUT ENTERPRISES Feb 14, 2019 $222.16 687023 14515 OXLEY'S PEST CONTROL INC Feb 14, 2019 $45.00 687024 29987 PACIFIC TENNIS COURTS INC Feb 14, 2019 $44,268.10 687025 18041 PANNU, BIK Feb 14, 2019 $182.00 687026 25076 PAPE KENWORTH Feb 14, 2019 $177,531.95 687027 13209 PARKHOUSE TIRE INC Feb 14, 2019 $666.97 687028 27742 PATRICK T PAW & CAROLINE M WONG Feb 14, 2019 $754.50 687029 11272 PEOPLE FACTS LLC Feb 14, 2019 $16.67 687030 29817 PERKINS, CHRISTINA Feb 14, 2019 $22.00 687031 25424 PET WASTE ELIMINATOR Feb 14, 2019 $800.00 687032 29384 PETERSON PACIFIC CORPORATION Feb 14, 2019 $20,508.81 687033 178 PRAXAIR DISTRIBUTION INC Feb 14, 2019 $231.52 687034 20713 RANDY'S TOWING LLC Feb 14, 2019 $70.00 687035 6682 RAYMONDS TROPHY AND AWARDS Feb 14, 2019 $341.27 687036 28480 READY REFRESH Feb 14, 2019 $525.88 687037 28499 RELEVANT SOLUTIONS LLC Feb 14, 2019 $3,748.39 687038 6617 RLH FIRE PROTECTION Feb 14, 2019 $9,806.75 687039 12699 ROCKMOUNT RESEARCH & ALLOYS INC Feb 14, 2019 $498.52 687040 6915 ROUND -UP FEED AND PET SUPPLY Feb 14, 2019 $1,811.99 687041 6953 S & S WORLDWIDE INC Feb 14, 2019 $167.25 687042 7133 SC COMMUNICATIONS INC Feb 14, 2019 $1,200.24 687043 21489 SCP DISTRIBUTORS LLC Feb 14, 2019 $63.06 687044 22839 SECURITY PAVING CO, INC Feb 14, 2019 $1,030,372.70 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 94 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 16 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 687045 13375 SERIO-US INDUSTRIES INC Feb 14, 2019 $1,762.96 687046 27951 SOLENIS LLC Feb 14, 2019 $106,320.07 687047 18357 SOUTHWEST VETERINARY HOSPITAL Feb 14, 2019 $146.57 687048 11907 SPARKLETTS/SlERRA SPRINGS Feb 14, 2019 $186.82 687049 29986 STANDARD PLUMBING SUPPLY CO Feb 14, 2019 $74.09 687050 28923 STARS AND STRIPES Feb 14, 2019 $1,800.00 687051 30145 STONHARD, DIV OF STONCOR GROUP Feb 14, 2019 $47,823.00 687052 20597 STOP STICK LTD Feb 14, 2019 $404.65 687053 20245 STRATTON, BRENT Feb 14, 2019 $2,867.00 687054 29458 SUPERION, LLC Feb 14, 2019 $155.44 687055 7750 SURFACE PUMPS INC Feb 14, 2019 $5,745.03 687056 7637 SWRCB - STORM WATER SECTION Feb 14, 2019 $1,638.00 687057 26369 T Y LIN INTERNATIONAL INC Feb 14, 2019 $2,775.64 687058 28733 TELELANGUAGE INC Feb 14, 2019 $120.78 687059 27973 TEMPEST INTERACTIVE MEDIA LLC Feb 14, 2019 $200.00 687060 25338 TEN EIGHT TOW INC Feb 14, 2019 $35.00 687061 851 TENNANT COMPANY Feb 14, 2019 $751.59 687062 21369 TRANS -WEST SECURITY INC Feb 14, 2019 $5,660.59 687063 27876 TRIPP, EDWINA Feb 14, 2019 $22.00 687064 96 TYACK TIRES INC Feb 14, 2019 $404.59 687065 15212 U.S. BEHAVIORAL HEALTH PLAN Feb 14, 2019 $1,194.37 687066 24913 UNITED STATES INDOOR SOCCER ASSN Feb 14, 2019 $295.00 687067 26060 VANGUARD CLEANING SYSTEMS INC Feb 14, 2019 $1,126.75 687068 1286 VBI PAINTING Feb 14, 2019 $2,281.91 687069 28739 WESTAIR GASES & EQUIPMENT INC Feb 14, 2019 $49.13 687070 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 14, 2019 $1,188.94 687071 28563 WILSONS INDUSTRIAL PUMP Feb 14, 2019 $4,227.89 687072 19876 WINTHER, EMILY Feb 14, 2019 $1,574.30 687073 26909 YORK RISK SERVICES GROUP INC Feb 14, 2019 $12,906.54 687074 9244 ZEP MANUFACTURING COMPANY Feb 14, 2019 $970.26 687075 25879 ZOOM IMAGING SOLUTIONS, INC. Feb 14, 2019 $414.15 687076 28854 3C PAYMENT (USA) CORP Feb 14, 2019 $100.00 687077 12516 AIMS Feb 14, 2019 $223.50 687079 8530 AMERIPRIDE UNIFORM SERVICES Feb 14, 2019 $2,581.49 687080 10320 BAKERSFIELD HOMELESS CENTER Feb 14, 2019 $43,828.99 687081 1694 CALIFORNIA WATER SERVICE Feb 14, 2019 $23,803.00 687084 1696 CALIFORNIA WATER SERVICE Feb 14, 2019 $19,462.92 687085 27074 CEN -CAL CONSTRUCTION INC Feb 14, 2019 $203,954.60 687086 10914 CITY OF BAKERSFIELD Feb 14, 2019 $707.00 687087 11937 CITY OF BAKERSFIELD Feb 14, 2019 $240.37 687088 2714 EAST NILES COMMUNITY SERVICES Feb 14, 2019 $2,335.02 687090 3427 GRAINGER INC, W W Feb 14, 2019 $2,700.54 687092 3488 GREENFIELD COUNTY WATER DIST Feb 14, 2019 $654.74 687095 7933 HOME DEPOT Feb 14, 2019 $4,617.66 687096 15744 I A C P Feb 14, 2019 $570.00 687097 30239 1 A L E F I Feb 14, 2019 $55.00 687098 28084 KERN COUNTY SUPERIOR COURT Feb 14, 2019 $30.00 687099 28084 KERN COUNTY SUPERIOR COURT Feb 14, 2019 $30.00 687100 28084 KERN COUNTY SUPERIOR COURT Feb 14, 2019 $30.00 687101 28084 KERN COUNTY SUPERIOR COURT Feb 14, 2019 $30.00 687102 4577 KERN DELTA WATER DIST Feb 14, 2019 $621.11 687103 4577 KERN DELTA WATER DIST Feb 14, 2019 $3,241.62 687104 4577 KERN DELTA WATER DIST Feb 14, 2019 $4,953.73 687106 15624 LOWE'S HOME IMPROVEMENT Feb 14, 2019 $1,933.75 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 95 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 17 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 687107 29917 MAILFINANCE INC Feb 14, 2019 $1,936.26 687108 23346 NATIONAL ASSOC OF SPORTS COMMISSION Feb 14, 2019 $1,970.00 687109 18230 OILDALE MUTUAL WATER COMPANY Feb 14, 2019 $33.26 687112 6376 PIONEER PAINT Feb 14, 2019 $9,465.62 687113 29358 PYRAMID BUILDING & ENGINEERING INC Feb 14, 2019 $178,833.24 687114 7096 SJVAPCD Feb 14, 2019 $1,142.00 687115 7096 SJVAPCD Feb 14, 2019 $1,535.00 687116 7509 SOCALGAS Feb 14, 2019 $2,158.76 687117 11709 STATE OF CALIFORNIA Feb 14, 2019 $115.00 687118 8611 VAUGHN WATER CO., INC. Feb 14, 2019 $236.52 687119 8611 VAUGHN WATER CO., INC. Feb 14, 2019 $4,989.44 687121 9234 ZALCO LABORATORIES INC Feb 14, 2019 $5,230.00 687122 30002 MEDICAL EYE SERVICE COMPANY Feb 14, 2019 $5,052.47 687123 26810 RELIASTAR LIFE INSURANCE CO Feb 14, 2019 $3,683.99 687124 30027 U S BANK - PARS #6746022400 Feb 14, 2019 $1,440.73 687125 30029 UNITED CONCORDIA DENTAL PLANS OF CA Feb 14, 2019 $48,924.15 687126 30020 UNUM Feb 14, 2019 $5,040.83 687127 10037 MISCELLANEOUS TRUST VENDOR Feb 15, 2019 $35.48 687128 10037 MISCELLANEOUS TRUST VENDOR Feb 15, 2019 $80.00 687129 70501 CALLAHAN THOMPSON SHERMAN & CAUDILL Feb 15, 2019 $825.00 687130 10037 MISCELLANEOUS TRUST VENDOR Feb 15, 2019 $23.83 687131 10037 MISCELLANEOUS TRUST VENDOR Feb 15, 2019 $200.00 687132 10047 MISC RECEIVABLE REFUND VENDOR Feb 15, 2019 $161.25 687133 10047 MISC RECEIVABLE REFUND VENDOR Feb 15, 2019 $20.00 687134 70500 JERRYS TRENCHING SERVICE Feb 15, 2019 $700.00 687135 26622 JOHNSON CONTROLS SECURITY SOLUTIONS Feb 15, 2019 $836.95 687136 4435 KERN COUNTY CLERKS Feb 15, 2019 $450.00 687137 15335 KERN COUNTY COUNSEL Feb 15, 2019 $56.10 687138 10037 MISCELLANEOUS TRUST VENDOR Feb 15, 2019 $200.00 687139 70026 KLASSEN CORP Feb 15, 2019 $480.00 687140 24298 LARRIBAS, LORRIE Feb 15, 2019 $16.25 687141 10037 MISCELLANEOUS TRUST VENDOR Feb 15, 2019 $47.04 687142 10037 MISCELLANEOUS TRUST VENDOR Feb 15, 2019 $275.00 687143 10114 O'DONLEY, LONI Feb 15, 2019 $78.00 687144 29655 P &A ADMINISTRATION SERVICES INC Feb 15, 2019 $10,060.12 687145 29655 P &A ADMINISTRATION SERVICES INC Feb 15, 2019 $9,937.89 687146 29655 P &A ADMINISTRATION SERVICES INC Feb 15, 2019 $8,114.58 687147 29655 P &A ADMINISTRATION SERVICES INC Feb 15, 2019 $227.55 687148 70028 PAVLETICH ELECTRIC INC Feb 15, 2019 $200.00 687149 10037 MISCELLANEOUS TRUST VENDOR Feb 15, 2019 $60.00 687150 70148 RODRIGUEZ & ASSOCIATES Feb 15, 2019 $1,375.00 687151 28920 SIMS, RONALD Feb 15, 2019 $68.25 687152 29365 STONE, ROSA Feb 15, 2019 $71.50 687153 29088 TODD GROUNDWATER Feb 15, 2019 $31,969.30 687154 28829 VASQUEZ, ROSARIO Feb 15, 2019 $152.75 687155 10037 MISCELLANEOUS TRUST VENDOR Feb 15, 2019 $47.06 687156 70389 VICTORY OUTREACH Feb 15, 2019 $600.00 687157 70499 AUBURN OAKS DEVELOPERS LLC Feb 15, 2019 $75,590.88 687160 10623 CALIFORNIA DEPARTMENT OF TAX AND Feb 15, 2019 $2,545.00 687161 14088 PACIFIC GAS & ELECTRIC Feb 15, 2019 $53.87 687164 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 15, 2019 $206,595.22 687165 20576 ACTION GLASS INC Feb 21, 2019 $1,316.18 687166 81 ADVANCED DATA STORAGE INC Feb 21, 2019 $44.00 687167 25365 AECOM TECHNICAL SERVICES INC Feb 21, 2019 $212,727.99 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 96 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 18 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 687168 160 ALL THAT LETTERING SIGN COMPNY Feb 21, 2019 $1,087.54 687169 29956 ALLIED NETWORK SOLUTIONS INC Feb 21, 2019 $2,255.65 687170 23588 ALUMINUM CHUCK WAGON Feb 21, 2019 $2,200.31 687171 212 AMERICAN DATAVAULT INC Feb 21, 2019 $126.60 687172 987 AMERICAN FABRICATION Feb 21, 2019 $643.50 687173 347 AMREP INC Feb 21, 2019 $115.79 687174 29827 AMS LEGAL SUPPORT SERVICES INC Feb 21, 2019 $125.00 687175 13049 ARMA COATINGS OF BAKERSFIELD Feb 21, 2019 $429.00 687176 523 ATCO INTERNATIONAL Feb 21, 2019 $315.40 687177 520 AUTO TINT WEST INC Feb 21, 2019 $140.87 687178 536 AVERY ASSOCIATES Feb 21, 2019 $6,300.00 687179 28630 AVERY, DANIEL Feb 21, 2019 $363.00 687180 675 BAKERSFIELD CALIFORNIAN Feb 21, 2019 $1,002.92 687181 20979 BAKERSFIELD CITY SCHOOL DISTRICT Feb 21, 2019 $485.00 687182 19911 BAKERSFIELD HARLEY DAVIDSON INC Feb 21, 2019 $24,857.74 687183 30245 BAKERSFIELD SOUTHWEST BASEBALL INC Feb 21, 2019 $4,000.00 687184 875 BAKERSFIELD TRUCK CENTER Feb 21, 2019 $455.81 687185 877 BAKERSFIELD WELL & PUMP Feb 21, 2019 $580.00 687186 557 BARO Feb 21, 2019 $19,330.71 687187 13424 BARNES WELDING SUPPLY Feb 21, 2019 $327.09 687188 945 BARNETT'S TOWING SERVICE INC Feb 21, 2019 $70.00 687189 29350 BEST SMOG & TUNE UP Feb 21, 2019 $109.50 687190 26982 BESTWAY LAUNDRY SOLUTIONS Feb 21, 2019 $241.00 687191 28231 BIG BRAND TIRE & SERVICE Feb 21, 2019 $3,327.54 687192 28341 BOB'S AUTO GLASS INC Feb 21, 2019 $100.00 687193 15538 BOLLES NURSERY LANDSCAPE Feb 21, 2019 $1,077.86 687194 22817 BORN AGAIN BODYWORKS Feb 21, 2019 $3,994.32 687195 18692 BOUND TREE MEDICAL LLC Feb 21, 2019 $1,376.38 687196 10351 BOWMAN ASPHALT Feb 21, 2019 $36,520.69 687197 1249 BRANDCO Feb 21, 2019 $1,238.74 687198 19303 BRIGHT HOUSE NETWORKS Feb 21, 2019 $174.57 687199 613 BSK ASSOCIATES Feb 21, 2019 $6,979.00 687200 10267 BUDGET BOLT INC Feb 21, 2019 $383.01 687201 1359 BUDS BRAKE & WHEEL PARTS Feb 21, 2019 $91.51 687202 28063 CALLYO 2009 CORP Feb 21, 2019 $2,280.00 687203 27074 CEN -CAL CONSTRUCTION INC Feb 21, 2019 $2,788.81 687204 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 21, 2019 $3,651.00 687205 1888 CHAMPION HARDWARE Feb 21, 2019 $809.12 687206 24168 CHERRY, JAMES Feb 21, 2019 $607.50 687207 2050 CLIFFORD & BROWN Feb 21, 2019 $14,789.50 687208 801 CLIFFORD & BROWN TRUST Feb 21, 2019 $8,761.08 687209 2248 COURTYARD BY MARRIOT FRESNO Feb 21, 2019 $508.50 687210 27839 CRITTERS WITHOUT LITTERS Feb 21, 2019 $3,280.00 687211 27218 CUMMINS PACIFIC LLC Feb 21, 2019 $3,286.55 687212 25337 DAVES FLEET MAINT & TOWING INC Feb 21, 2019 $35.00 687213 4140 DAVID JANES COMPANY Feb 21, 2019 $176.29 687214 26895 DE LAGE LANDEN INC Feb 21, 2019 $594.32 687215 25962 DEFINITI COMP SOLUTIONS Feb 21, 2019 $44.67 687216 2442 DELANEY & AHLF DIESEL SERVICE INC Feb 21, 2019 $28.16 687217 2449 DEPARTMENT OF GENERAL SERVICES Feb 21, 2019 $70.00 687218 24854 DEWEY PEST CONTROL INC Feb 21, 2019 $754.00 687219 2558 DISPENSING TECHNOLOGY CORP Feb 21, 2019 $2,261.66 687220 28574 DR RONALD OSTROM Feb 21, 2019 $1,000.00 687221 24974 DUO SAFETY LADDER CORPORATION Feb 21, 2019 $94.55 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/06/19 C.0 AGENDA PACKET PG 97 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 19 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 687222 16511 EAN SERVICES LLC Feb 21, 2019 $15,916.60 687223 2769 EL POPULAR CALIFORNIA Feb 21, 2019 $540.00 687224 2752 ELBERT DISTRIBUTING Feb 21, 2019 $62.55 687225 24865 ELEMECH INC Feb 21, 2019 $491.05 687226 30246 EUCCE, ERIC Feb 21, 2019 $901.96 687227 2901 FEDEX Feb 21, 2019 $19.96 687228 30249 FIORE, CJ Feb 21, 2019 $710.00 687229 19657 FIRST CHOICE SERVICES INC Feb 21, 2019 $115.12 687230 29824 FREDS BARBECUE FACTORY Feb 21, 2019 $416.66 687231 13278 FS31NC Feb 21, 2019 $5,916.55 687232 308 GARDENERS SUPPLY INC Feb 21, 2019 $1,325.61 687233 3403 GOLDEN STATE PETERBILT Feb 21, 2019 $2,004.66 687234 3427 GRAINGER INC, W W Feb 21, 2019 $2,740.79 687235 3450 GRANITE CONSTRUCTION INC Feb 21, 2019 $1,100,964.40 687236 3452 GRAYBAR ELECTRIC COMPANY Feb 21, 2019 $4,655.10 687237 24247 GREGS PETROLEUM SERVICES INC Feb 21, 2019 $323.39 687238 21689 GRIEGO, CECELIA Feb 21, 2019 $170.00 687239 24139 GUTIERREZ TIRE & WHEEL INC Feb 21, 2019 $4,785.25 687240 3571 H & S HOSE & SUPPLY INC Feb 21, 2019 $1,033.43 687241 30000 H&H AUTO PARTS WHOLESALE Feb 21, 2019 $360.79 687242 162 HADDAD DODGE Feb 21, 2019 $497.64 687243 3593 HALL LETTER SHOP Feb 21, 2019 $108.00 687244 3660 HARBOR FREIGHT TOOLS Feb 21, 2019 $123.22 687245 18263 HUB CONSTRUCTION SPECIALTIES INC Feb 21, 2019 $717.72 687246 24099 J GARCIA TRUCKING INC Feb 21, 2019 $6,930.00 687247 28989 K & I SERVICES INC Feb 21, 2019 $8,791.00 687248 23915 KERN COUNTY NETWORK FOR CHILDREN Feb 21, 2019 $100.00 687249 4529 KERN COUNTY PUBLIC WORKS Feb 21, 2019 $151,214.30 687250 30243 KERN COUNTY RACEWAY PARK Feb 21, 2019 $3,000.00 687251 4439 KERN COUNTY WASTE MANAGEMENT Feb 21, 2019 $109,936.31 687252 7492 KERN MACHINERY INC Feb 21, 2019 $18.37 687253 26248 KERN PRINT SERVICES INC Feb 21, 2019 $106.91 687254 4680 KERN RIVER POWER EQUIPMENT INC Feb 21, 2019 $3,157.05 687255 23434 KINNEY, STEVEN P Feb 21, 2019 $850.00 687256 4861 KISCO SALES INC Feb 21, 2019 $350.13 687257 4875 KNIGHTS PUMPING & PORTABLE SVC INC Feb 21, 2019 $347.50 687258 18654 LANTZ, ERIC Feb 21, 2019 $231.00 687259 5133 LOOP ELECTRIC INC Feb 21, 2019 $6,900.00 687260 28037 LYNCH, BRIAN Feb 21, 2019 $419.28 687261 25274 MARTIN & SONS UPHOLSTERY Feb 21, 2019 $210.00 687262 7064 MERCHANTS PRINTING & ENVELOPE Feb 21, 2019 $3,414.52 687263 18520 METROPOLITAN RECYCLING LLC Feb 21, 2019 $55,377.61 687264 5486 METTLER TOLEDO LLC Feb 21, 2019 $842.15 687265 23916 MEYER, ZACHARY Feb 21, 2019 $458.08 687266 24077 MICHEL AUTO TECH Feb 21, 2019 $2,236.63 687267 1316 MICHELIN NORTH AMERICA INC Feb 21, 2019 $495.64 687268 18161 MORALES, IGNACIO Feb 21, 2019 $722.52 687269 5681 MOSS, ROBERT B JR Feb 21, 2019 $519.09 687270 5687 MOTOR CITY SALES & SERVICE Feb 21, 2019 $374.02 687271 885 MSC INDUSTRIAL SUPPLY CO INC Feb 21, 2019 $18.32 687272 5804 NAPA AUTO PARTS Feb 21, 2019 $79.02 687273 30250 NEARN, KASSANDRA Feb 21, 2019 $316.00 687274 25788 NETXPERTS INC Feb 21, 2019 $14,686.39 687275 18089 NISSAN OF BAKERSFIELD Feb 21, 2019 $25,227.91 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 98 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 20 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 687276 24167 NOLTE ASSOCIATES INC Feb 21, 2019 $9,195.00 687277 20584 NORTHWEST METROLOGY Feb 21, 2019 $140.00 687278 20361 NOSSAMAN LLP Feb 21, 2019 $1,698.50 687279 28687 NV5 INC Feb 21, 2019 $335,686.06 687281 24279 O'REI LLY AUTO PARTS Feb 21, 2019 $449.16 687282 7619 ORION SAFETY PRODUCTS Feb 21, 2019 $6,782.49 687283 6025 ORR SAFETY Feb 21, 2019 $747.74 687284 14515 OXLEY'S PEST CONTROL INC Feb 21, 2019 $50.00 687285 6122 PACIFIC POWER INC Feb 21, 2019 $199.12 687286 13209 PARKHOUSE TIRE INC Feb 21, 2019 $854.40 687287 24029 PAYLESS TOWING Feb 21, 2019 $35.00 687288 25270 PENINSULA MESSENGER INC Feb 21, 2019 $467.54 687289 6263 PENSINGER TRAILER RENTALS Feb 21, 2019 $298.72 687290 30202 PERFORMANCE TRUCK REPAIR Feb 21, 2019 $229.14 687291 6376 PIONEER PAINT Feb 21, 2019 $2,970.34 687292 24483 POLLARD CO., JOSEPH G. DBA Feb 21, 2019 $265.77 687293 27911 PORTERVILLE FORD Feb 21, 2019 $849.79 687294 28827 PRO GRADE IRON, LLC Feb 21, 2019 $144.98 687295 6527 PULLTARPS MFG Feb 21, 2019 $745.60 687296 26242 QUALITY FIRE TRUCK PARTS Feb 21, 2019 $357.25 687297 25313 R & A UPHOLSTERY Feb 21, 2019 $320.00 687298 20713 RANDY'S TOWING LLC Feb 21, 2019 $182.25 687299 3249 RAY GASKIN SERVICE INC Feb 21, 2019 $541.85 687300 6682 RAYMONDS TROPHY AND AWARDS Feb 21, 2019 $80.28 687301 28499 RELEVANT SOLUTIONS LLC Feb 21, 2019 $3,538.56 687302 22679 ROBINSON & KELLAR Feb 21, 2019 $1,323.00 687303 6915 ROUND -UP FEED AND PET SUPPLY Feb 21, 2019 $63.27 687304 6995 SAFEWAY SIGN Feb 21, 2019 $65,238.94 687305 27361 SC FUELS Feb 21, 2019 $18,609.38 687306 13990 SCARAB MANUFACTURING Feb 21, 2019 $4,149.89 687307 27232 SCELZI EQUIPMENT INC Feb 21, 2019 $239.87 687308 7290 SERVICEMASTER OF BAKERSFIELD Feb 21, 2019 $1,420.00 687309 21782 SGS TESTCOM Feb 21, 2019 $8.68 687310 11907 SPARKLETTS/SIERRA SPRINGS Feb 21, 2019 $292.38 687311 28923 STARS AND STRIPES Feb 21, 2019 $2,400.00 687312 16685 STIERN VETERINARY HOSPITAL Feb 21, 2019 $101.08 687313 7719 SUBURBAN PROPANE Feb 21, 2019 $2,948.41 687314 28496 SUPPLYWORKS Feb 21, 2019 $1,823.14 687315 7810 SYLVIA MENDEZ & ASSOCIATES Feb 21, 2019 $540.49 687316 28832 T -MOBILE USA Feb 21, 2019 $458.00 687317 29474 TASMARK ENTERPRISES Feb 21, 2019 $3,100.00 687318 7878 TELECOM LAW FIRM PC Feb 21, 2019 $712.50 687319 14693 THE LIFEGUARD STORE Feb 21, 2019 $693.20 687320 245 TURK'S KERN COPY INC Feb 21, 2019 $745.42 687321 96 TYACK TIRES INC Feb 21, 2019 $746.08 687322 584 ULINE SHIPPING SUPPLY Feb 21, 2019 $1,208.38 687323 10428 UNITED REFRIGERATION INC Feb 21, 2019 $264.69 687324 26780 UNIVERSAL BACKGROUND SCREENING INC Feb 21, 2019 $206.55 687325 30247 US TRAVEL ASSOCIATION Feb 21, 2019 $7,340.00 687326 8520 VALLEY POWER SYSTEMS, INC Feb 21, 2019 $1,682.28 687327 15132 VALLEY PROPANE SERVICE Feb 21, 2019 $318.54 687328 1286 VBI PAINTING Feb 21, 2019 $2,473.96 687329 29636 VENTURI ENTERPRISES INC Feb 21, 2019 $3,660.00 687330 27836 WATTREE, TRISHA Feb 21, 2019 $66.00 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 99 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 21 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 687331 14647 WAXIE SANITARY SUPPLY INC Feb 21, 2019 $1,618.05 687332 21702 WESTERN STATE DESIGN INC Feb 21, 2019 $412.50 687333 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 21, 2019 $2,978.19 687334 28182 WIN -911 SOFTWARE Feb 21, 2019 $495.00 687335 11228 WOOD & RANDALL INC Feb 21, 2019 $1,612.50 687336 25879 ZOOM IMAGING SOLUTIONS, INC. Feb 21, 2019 $693.19 687337 27986 ZUNIGA, CHE'SR Feb 21, 2019 $300.00 687338 537 AT&T Feb 21, 2019 $2,327.24 687339 6129 AT&T Feb 21, 2019 $210.02 687340 18484 AT&T Feb 21, 2019 $8,643.35 687341 537 AT&T Feb 21, 2019 $1,108.90 687346 78 ADVANCED DISTRIBUTION CO Feb 21, 2019 $8,815.35 687347 10777 AFSS SOUTHERN DIVISION Feb 21, 2019 $325.00 687348 12516 AIMS Feb 21, 2019 $5,824.75 687349 12516 AIMS Feb 21, 2019 $1,336.50 687351 290 AMERICAN PUBLIC WORKS ASSN Feb 21, 2019 $3,120.00 687354 8530 AMERIPRIDE UNIFORM SERVICES Feb 21, 2019 $3,352.97 687355 30215 APL MEDIA LTD Feb 21, 2019 $5,000.00 687356 10320 BAKERSFIELD HOMELESS CENTER Feb 21, 2019 $19,084.75 687358 857 BAKERSFIELD S P C A Feb 21, 2019 $8,807.05 687366 21172 BLACKHOLE TECHNOLOGIES INC Feb 21, 2019 $5,470.79 687370 1696 CALIFORNIA WATER SERVICE Feb 21, 2019 $26,518.91 687371 1941 CHEVRON U S A Feb 21, 2019 $1,028.53 687372 11937 CITY OF BAKERSFIELD Feb 21, 2019 $27.29 687374 2050 CLIFFORD & BROWN Feb 21, 2019 $3,971.36 687375 2050 CLIFFORD & BROWN Feb 21, 2019 $17,500.00 687376 2214 COUNTY OF KERN Feb 21, 2019 $100.00 687377 2469 DEPARTMENT OF JUSTICE Feb 21, 2019 $882.00 687378 2469 DEPARTMENT OF JUSTICE Feb 21, 2019 $2,638.00 687379 11271 DEPARTMENT OF TRANSPORTATION Feb 21, 2019 $31,157.64 687382 3427 GRAINGER INC, W W Feb 21, 2019 $6,315.29 687385 7933 HOME DEPOT Feb 21, 2019 $3,300.73 687386 14857 1 M S A Feb 21, 2019 $1,315.00 687390 26387 JIM BURKE FORD -EQ Feb 21, 2019 $946,252.00 687391 30248 JOHN DUHE & HIS ATTRNY OF RECD Feb 21, 2019 $50,000.00 687392 4435 KERN COUNTY CLERKS Feb 21, 2019 $2,354.75 687393 4435 KERN COUNTY CLERKS Feb 21, 2019 $2,354.75 687394 4435 KERN COUNTY CLERKS Feb 21, 2019 $2,354.75 687395 28084 KERN COUNTY SUPERIOR COURT Feb 21, 2019 $325.00 687398 4740 KERN TURF SUPPLY Feb 21, 2019 $1,800.13 687400 15624 LOWE'S HOME IMPROVEMENT Feb 21, 2019 $1,009.40 687402 12627 MARDEROSIAN & COHEN Feb 21, 2019 $88,960.67 687403 12673 MARRIOTT HOTEL ANAHEIM Feb 21, 2019 $926.15 687404 12673 MARRIOTT HOTEL ANAHEIM Feb 21, 2019 $969.44 687405 12673 MARRIOTT HOTEL ANAHEIM Feb 21, 2019 $926.15 687406 27682 MERINO, TIMMY Feb 21, 2019 $1,500.00 687407 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 21, 2019 $16,680.61 687408 7096 SJVAPCD Feb 21, 2019 $92.03 687409 7096 SJVAPCD Feb 21, 2019 $714.00 687410 7096 SJVAPCD Feb 21, 2019 $573.00 687411 17986 SPRINT/NEXTEL COMMUNICATIONS Feb 21, 2019 $1,198.17 687412 11709 STATE OF CALIFORNIA Feb 21, 2019 $115.00 687413 8023 TIME Feb 21, 2019 $30.00 687414 8611 VAUGHN WATER CO., INC. Feb 21, 2019 $52.54 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 100 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 22 FROM 1/25/2019 to 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Amount 687418 20601 VERIZON WIRELESS Feb 21, 2019 $14,115.87 687419 20601 VERIZON WIRELESS Feb 21, 2019 $3,441.19 687420 20601 VERIZON WIRELESS Feb 21, 2019 $289.75 9994700 30206 AVENU MUNISERVICES LLC Jan 25, 2019 $72,058.04 9994701 10199 BAKERSFIELD CITY EMPLOYEE Jan 25, 2019 $187,524.00 9994702 24821 DEPARTMENT OF THE TREASURY Jan 25, 2019 $1,118.99 9994703 30014 EMPLOYMENT DEVELOPMENT DEPT Jan 25, 2019 $181,130.38 9994704 10217 1 C M A RETIREMENT TRUST -303749 Jan 25, 2019 $49,380.21 9994705 30010 IRS Jan 25, 2019 $518,542.11 9994706 30022 IRS / FDRF Jan 25, 2019 $191.00 9994707 16863 NATIONWIDE RETIREMENT SOLUTIONS Jan 25, 2019 $112,269.93 9994708 20699 VANTAGEPOINT TRANSFER AGENTS C/O Jan 25, 2019 $35,928.40 9994709 10206 STATE OF CALIF - PERS Jan 31, 2019 $919,587.00 9994710 16504 STATE TREASURER'S CONDEMNATION Jan 31, 2019 $116,370.00 9994711 13709 U S BANK TRUST NA Jan 31, 2019 $3,499,375.00 9994713 19630 UNION BANK Jan 31, 2019 $212,864.40 9994714 11811 WELLS FARGO BANK Jan 31, 2019 $171,761.03 9994715 30028 BLUE SHIELD OF CALIFORNIA -P Feb 1, 2019 $510,032.24 9994716 30021 KAISER PERMANENTE Feb 1, 2019 $211,594.37 9994717 30025 STATE DISBURSEMENT UNIT Feb 7, 2019 $18,863.36 9994719 19630 UNION BANK Feb 7, 2019 $359,006.26 9994720 11811 WELLS FARGO BANK Feb 7, 2019 $169,960.75 9994721 10199 BAKERSFIELD CITY EMPLOYEE Feb 8, 2019 $187,935.00 9994722 24821 DEPARTMENT OF THE TREASURY Feb 8, 2019 $831.53 9994723 30014 EMPLOYMENT DEVELOPMENT DEPT Feb 8, 2019 $185,173.85 9994724 10217 1 C M A RETIREMENT TRUST -303749 Feb 8, 2019 $49,672.03 9994725 30010 IRS Feb 8, 2019 $537,433.97 9994726 16863 NATIONWIDE RETIREMENT SOLUTIONS Feb 8, 2019 $111,937.55 9994727 20699 VANTAGEPOINT TRANSFER AGENTS C/O Feb 8, 2019 $35,921.22 9994728 10206 STATE OF CALIF - PERS Feb 14, 2019 $925,637.04 9994729 21314 TICOR TITLE COMPANY INC Feb 14, 2019 $2,509,383.50 9994730 11811 WELLS FARGO BANK Feb 14, 2019 $337,543.98 9994731 30206 AVENU MUNISERVICES LLC Feb 15, 2019 $3,216.55 9994732 30028 BLUE SHIELD OF CALIFORNIA -P Feb 15, 2019 $505,359.62 9994733 30021 KAISER PERMANENTE Feb 15, 2019 $211,570.50 9994734 30025 STATE DISBURSEMENT UNIT Feb 21, 2019 $18,835.66 9994743 10206 STATE OF CALIF - PERS Feb 21, 2019 $2,092,497.00 9994744 11811 WELLS FARGO BANK Feb 21, 2019 $97,238.19 $37,213,381.74 S:\Accounting\Robert Z\Admin - Council\2019\C0UNClL-ADMlN\ 03//06//1 9 CC AGENDA PACKET PG 101 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I FROM 1/25/2019 to 2/21/2019 E -Payable Vendor E -Payable Number Number Vendor Name Date E -Payable Amount 16791 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Jan 25, 2019 $401.96 16792 4171 JERRY & KEITHS INC Jan 25, 2019 $631.88 16793 1390 JIM BURKE FORD Jan 25, 2019 $4,887.58 16794 4178 JIM BURKE LINCOLN MERCURY Jan 25, 2019 $2,352.38 16795 23984 MECHANICAL DRIVES & BELTING INC Jan 25, 2019 $1,456.93 16796 57 ABATE A WEED Jan 31, 2019 $1,061.53 16797 29 AFFINITY TRUCK CENTER Jan 31, 2019 $6,743.23 16798 180 AMBER CHEMICAL INC Jan 31, 2019 $1,353.92 16799 576 B & B SURPLUS Jan 31, 2019 $61.13 16800 575 B C LABORATORIES Jan 31, 2019 $638.00 16801 611 B S & E COMPANY INC Jan 31, 2019 $467.44 16802 1163 BLUEPRINT SERVICE CO Jan 31, 2019 $267.56 16803 18753 BRIDGEPORT TRUCK MANUFACTURING Jan 31, 2019 $64.41 16804 5147 COASTLINE EQUIPMENT Jan 31, 2019 $898.83 16805 2162 CONSOLIDATED ELECTRICAL DIST INC Jan 31, 2019 $8,161.30 16806 13912 DIRECT SAFETY SOLUTIONS INC Jan 31, 2019 $327.41 16807 27459 EVOQUA WATER TECHNOLOGIES Jan 31, 2019 $30,942.70 16808 14055 FAST UNDERCAR LLC Jan 31, 2019 $902.28 16809 2874 FERGUSON ENTERPRISES INC Jan 31, 2019 $4,165.23 16810 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Jan 31, 2019 $174.39 16811 21739 GOLDEN EMPIRE TOWING INC Jan 31, 2019 $1,090.00 16812 4171 JERRY & KEITHS INC Jan 31, 2019 $786.80 16813 1390 JIM BURKE FORD Jan 31, 2019 $1,819.31 16814 2267 L IN CURTIS & SONS Jan 31, 2019 $604.86 16815 6555 QUINN COMPANY INC Jan 31, 2019 $145.98 16816 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Jan 31, 2019 $2,173.62 16817 7685 STINSON STATIONERS Jan 31, 2019 $4,980.31 16818 7728 SULLY & SON HYDRAULICS INC Jan 31, 2019 $1,167.89 16819 13646 UNITED ROTARY BRUSH CORP Jan 31, 2019 $6,994.11 16820 9010 WILLIAMS CLEANING SYSTEMS INC Jan 31, 2019 $653.23 16821 57 ABATE A WEED Feb 7, 2019 $613.47 16822 29 AFFINITY TRUCK CENTER Feb 7, 2019 $8,637.42 16823 576 B & B SURPLUS Feb 7, 2019 $1,296.65 16824 611 B S & E COMPANY INC Feb 7, 2019 $1,992.77 16825 1037 BERCHTOLD EQUIPMENT CO Feb 7, 2019 $3,471.01 16826 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC Feb 7, 2019 $863.78 16827 20747 CENTRAL SANITARY SUPPLY INC Feb 7, 2019 $849.65 16828 5147 COASTLINE EQUIPMENT Feb 7, 2019 $165.42 16829 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 7, 2019 $4,672.59 16830 13912 DIRECT SAFETY SOLUTIONS INC Feb 7, 2019 $989.01 16831 27459 EVOQUA WATER TECHNOLOGIES Feb 7, 2019 $31,058.50 16832 14055 FAST UNDERCAR LLC Feb 7, 2019 $2,753.12 16833 2874 FERGUSON ENTERPRISES INC Feb 7, 2019 $2,171.72 16834 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Feb 7, 2019 $254.13 16835 21739 GOLDEN EMPIRE TOWING INC Feb 7, 2019 $555.00 16836 3570 HAAKER EQUIPMENT COMPANY Feb 7, 2019 $364.91 16837 4171 JERRY & KEITHS INC Feb 7, 2019 $3,364.24 16838 1390 JIM BURKE FORD Feb 7, 2019 $3,526.15 16839 15694 DIMS TOWING INC Feb 7, 2019 $2,430.00 16840 23984 MECHANICAL DRIVES & BELTING INC Feb 7, 2019 $9.09 16841 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 7, 2019 $1,937.33 16842 1279 QUALITY HEAVY DUTY DIESEL ELEC Feb 7, 2019 $187.69 16843 6555 QUINN COMPANY INC Feb 7, 2019 $1,873.65 16844 7231 SEAL & PACKING SUPPLY CO Feb 7, 2019 $572.68 S:\Accounting\Robert Z\Admin - CounciI\2019\C0UNClL-ADMlN\ 03/0 /19 CC AGENDA PACKET PG 102 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 1/25/2019 to 2/21/2019 E -Payable Vendor E -Payable Number Number Vendor Name Date E -Payable Amount 16845 19584 SMITH & SON TIRE INC Feb 7, 2019 $2,174.84 16846 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 7, 2019 $220.47 16847 25604 STAY GREEN INC Feb 7, 2019 $134.54 16848 7685 STINSON STATIONERS Feb 7, 2019 $7,813.94 16849 7728 SULLY & SON HYDRAULICS INC Feb 7, 2019 $225.05 16850 15868 TEL TEC SECURITY SYSTEM INC Feb 7, 2019 $100.00 16851 9010 WILLIAMS CLEANING SYSTEMS INC Feb 7, 2019 $179.55 16852 57 ABATE A WEED Feb 14, 2019 $442.76 16853 63 ACE HYDRAULIC SALES & SERVICE Feb 14, 2019 $109.81 16854 64 ADAMSON POLICE SUPPLY Feb 14, 2019 $277.78 16855 29 AFFINITY TRUCK CENTER Feb 14, 2019 $19.25 16856 180 AMBER CHEMICAL INC Feb 14, 2019 $931.79 16857 575 B C LABORATORIES Feb 14, 2019 $1,320.00 16858 611 B S & E COMPANY INC Feb 14, 2019 $493.93 16859 1037 BERCHTOLD EQUIPMENT CO Feb 14, 2019 $606.18 16860 1163 BLUEPRINT SERVICE CO Feb 14, 2019 $109.93 16861 20747 CENTRAL SANITARY SUPPLY INC Feb 14, 2019 $3,557.54 16862 5147 COASTLINE EQUIPMENT Feb 14, 2019 $2,090.43 16863 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 14, 2019 $409.99 16864 13912 DIRECT SAFETY SOLUTIONS INC Feb 14, 2019 $318.22 16865 13088 E J WARD INCORPORATED Feb 14, 2019 $37.14 16866 2874 FERGUSON ENTERPRISES INC Feb 14, 2019 $2,075.99 16867 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Feb 14, 2019 $11,876.89 16868 21739 GOLDEN EMPIRE TOWING INC Feb 14, 2019 $255.00 16869 1390 JIM BURKE FORD Feb 14, 2019 $8,142.01 16870 15694 DIMS TOWING INC Feb 14, 2019 $255.00 16871 6205 PAVEMENT RECYCLING SYSTEMS INC Feb 14, 2019 $41,808.00 16872 21873 RM INDUSTRIES INC Feb 14, 2019 $3,051.13 16873 19584 SMITH & SON TIRE INC Feb 14, 2019 $821.89 16874 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 14, 2019 $1,224.50 16875 25604 STAY GREEN INC Feb 14, 2019 $1,200.00 16876 7685 STINSON STATIONERS Feb 14, 2019 $9,064.70 16877 7840 TALLEY COMMUNICATIONS CO INC Feb 14, 2019 $937.05 16878 15868 TEL TEC SECURITY SYSTEM INC Feb 14, 2019 $735.92 16879 13646 UNITED ROTARY BRUSH CORP Feb 14, 2019 $4,270.52 16880 4925 KRAZAN & ASSOCIATES INC Feb 15, 2019 $1,800.00 16881 57 ABATE A WEED Feb 21, 2019 $634.19 16882 29 AFFINITY TRUCK CENTER Feb 21, 2019 $8,591.18 16883 436 ARGO CHEMICAL INC Feb 21, 2019 $3,321.98 16884 576 B & B SURPLUS Feb 21, 2019 $735.74 16885 575 B C LABORATORIES Feb 21, 2019 $3,324.00 16886 611 B S & E COMPANY INC Feb 21, 2019 $2,278.35 16887 1037 BERCHTOLD EQUIPMENT CO Feb 21, 2019 $1,970.74 16888 1163 BLUEPRINT SERVICE CO Feb 21, 2019 $80.82 16889 18753 BRIDGEPORT TRUCK MANUFACTURING Feb 21, 2019 $4,265.50 16890 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC Feb 21, 2019 $589.08 16891 20747 CENTRAL SANITARY SUPPLY INC Feb 21, 2019 $418.23 16892 5147 COASTLINE EQUIPMENT Feb 21, 2019 $506.44 16893 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 21, 2019 $5,901.22 16894 13912 DIRECT SAFETY SOLUTIONS INC Feb 21, 2019 $3,135.56 16895 27459 EVOQUA WATER TECHNOLOGIES Feb 21, 2019 $31,038.88 16896 14055 FAST UNDERCAR LLC Feb 21, 2019 $5,195.10 16897 2874 FERGUSON ENTERPRISES INC Feb 21, 2019 $990.01 16898 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Feb 21, 2019 $1,624.05 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03/0 /19 C.0 AGENDA PACKET PG 103 2/22/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 1/25/2019 to 2/21/2019 E -Payable Vendor E -Payable Number Number Vendor Name Date E -Payable Amount 16899 21739 GOLDEN EMPIRE TOWING INC Feb 21, 2019 $1,110.00 16900 3570 HAAKER EQUIPMENT COMPANY Feb 21, 2019 $416.95 16901 4171 JERRY & KEITHS INC Feb 21, 2019 $692.06 16902 1390 JIM BURKE FORD Feb 21, 2019 $3,776.42 16903 15694 DIMS TOWING INC Feb 21, 2019 $545.00 16904 2267 L N CURTIS & SONS Feb 21, 2019 $4,697.65 16905 24086 MAR -CO EQUIPMENT CORP Feb 21, 2019 $561.58 16906 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 21, 2019 $6,283.76 16907 1279 QUALITY HEAVY DUTY DIESEL ELEC Feb 21, 2019 $604.22 16908 6555 QUINN COMPANY INC Feb 21, 2019 $4,209.20 16909 7685 STINSON STATIONERS Feb 21, 2019 $7,378.33 16910 7728 SULLY & SON HYDRAULICS INC Feb 21, 2019 $9.84 16911 15868 TEL TEC SECURITY SYSTEM INC Feb 21, 2019 $300.00 16912 9010 WILLIAMS CLEANING SYSTEMS INC Feb 21, 2019 $51.05 375,315.05 37,588,696.79 S:\Accounting\Robert Z\Admin - Council\2019\C0UNCIL-ADMIN\ 03106119 C.0 AGENDA PACKET PG 104 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent — Ordinances c. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Development Services Director DAT E: 1/27/2019 WARD: Ward 4 SUBJECT: Zone Change No. 18-0386: 1. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from a PCD (Planned Commercial Development) zone to a C-2/PCD (Regional Commercial/Planned Commercial Development Combining) zone, on 10.59 acres located at southwest corner of Stockdale Highway and Buena Vista Road (11301 Stockdale Hwy). 2. Resolution adopting a Mitigated Negative Declaration. (ZC # 18- 0386 - KSA Group Architects, representing ABS Surplus -0, LLC). STAFF RECOMMENDATION: Staff recommends first reading of the ordinance and adoption of the resolution. BACKGROUND: PROJECT SUMMARY: This project is a request by KSA Group Architects, representing ABS Surplus -0, LLC (property owner) to change the zone district from a PCD (Planned Commercial Development) zone to a C- 2/PCD (Regional Commercial/Planned Commercial Development Combining) zone, or more restrictive district on 10.59 acres, located on the southwest corner of Stockdale Highway and Buena Vista Road (11301 Stockdale Hwy) in southwest Bakersfield. BACKGROUND August 11, 1992: Annexed to the City of Bakersfield as part of the Buena Vista Annexation. November 3, 1999: City Council approved G PA/ZC No. P99-0203 (Resolution No. 160-99) to amend the land use designation on the Metropolitan Bakersfield General Plan Land Use map from Low Density Residential to General Commercial. The City Council also approved Kern River Plan Element Amendment No. P99-0203 (Resolution No. 161-99) to amend the land use designation of the Kern River Plan Element from 5.35 (Residential- Maximum 7.25 d.u. per net acre) to 6.2 (General Commercial). A Mitigated Negative Declaration was adopted for this project. March 29, 2000: City Council approved Zone Change No. P99-0919 (Ord. 3957) to change the zone district from an R-1 (One Family Dwelling) zone to a PCD (Planned Commercial Development) zone on 13 gross acres. A Mitigated Negative Declaration was adopted. January 3, 2019: The Planning Commission held a public hearing for this zone change and the concurrent application for a Planned Development Review (PDR) No. 18-0385 requesting approval for an approximately 73,796 square foot mixed-use shopping center site plan. Both this zone change application and the related PDR were referred back to staff to be re -advertised for a future public hearing. February 7, 2019: Planning Commission held a public hearing to consider this zone change and an updated site plan that responded to comments given at the January 31d hearing. The Commission approved the site plan and recommended the City Council approve the Mitigated Negative Declaration and the zone change request. SURROUNDING LAND USES DIRECTION LAND USE ZONE EXISTING LAND USE DESIGNATION DISTRICT SITE GC P.C.D. Undeveloped NORTH OS -P OS The Park at Riverwalk; Riverwalk Shopping Center SOUTH LR R-1 Single-family residential EAST OC C-0 Office development WEST LR R-1 Single-family residential General Plan Key Zoning Key GC:General Commercial P.C.D.: Planned Commercial OC: Office Commercial Development Zone LR: Low Density Residential R-1: One -Family Dwelling Zone OS-P:Open Space -Park C-0: Professional & Administrative Office OS: Open Space PROJECT DESCRIPTION A proposed zone change from a PCD (Planned Commercial Development) zone to a C-2/PCD (Regional Commercial/Planned Commercial Development Combining) zone on 10.59 acres fol purposes of development of an approximately 73,796 square foot multiple tenant commercia shopping center. ENVIRONMENTAL REVI EW AND DETERMINATION Pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the original project (GPA/ZC # P99-0203) of the subject property and a Mitigated Negative Declaration was adopted on November 3, 1999. In accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. Mitigation measures from the related project addressing public services, traffic, biological, and cultural resource impacts have been included in attached to the resolution. Pursuant to the California Fish and Game Code § 711.4, the de minimis finding filed in 1999 is invalid, and current filing fees are due at the time a Notice of Determination is filed with the county clerk's office for this project. Therefore, staff recommends the Mitigated Negative Declaration prepared for GPA/ZC # P99-0203 be re -adopted for this Project. PUBLIC NOTIFICATION Notice of public hearing before the Planning Commission of the City of Bakersfield for the project with the associated proposed Negative Declaration was advertised in the newspaper and posted on the bulletin board of the Bakersfield City Planning Department. All property owners within 300 feet of the project site were notified about the hearing and the proposed subdivision at least 20 days prior to the public hearing in accordance with State law. The applicant has provided proof that signs giving public notice of the proposed tract map were posted on the property 20 to 60 days prior to the public hearing before the Planning Commission. CONCLUSIONS Consistency with General Plan and Zoning Ordinance. The project site is depicted as GC (General Commercial) on the Land Use Element of the Metropolitan Bakersfield General Plan. The site is shown as 6.2 (General Commercial) on the Kern River Plan Element. The C-2/PCD zone is consistent with the Metropolitan Bakersfield General Plan and existing land uses. In accordance with Bakersfield Municipal Code Section 17.54.070, the project will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community; and justifies exceptions from the normal application of this code related to the site plan design. Necessary Findings. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area, published in the Bakersfield Californian, a local newspaper of general circulation, and posting of on-site signs at least 20 days prior to the hearing. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. In accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. Mitigation measures related to air quality emissions, biological resources, cultural resources, and public services have been incorporated into the project. Re -adoption of the Mitigated Negative Declaration is recommended pursuant to California Fish and Game Code § 711.4. Overall Recommendation. Overall, Staff finds that the applicable provisions of CEQA have been complied with, that the applicant has designed the project to site commercial uses in a way that will be compatible with the residential land uses in the immediate surrounding area, and the proposal sufficiently demonstrates compliance with the necessary findings pursuant to Section 17.54.070 of the P.C.D. Chapter of the Bakersfield Zoning Ordinance. Additionally, a separate application for a Planned Development Review places conditions of approval to further ensure that the project will be developed in compliance with the applicable regulations. Therefore, Staff recommends approval subject to the recommended mitigation measures. PLANNING COMMISSION ACTION This project was heard by the Planning Commission on January 3, 2019, and referred back to staff to allow the applicant time to address concerns from the Commission and public speakers. At the hearing, four people spoke in favor and three individuals spoke in opposition to the request. Those opposed expressed concerns related to design aesthetics such as need for upgraded landscaping and architectural elements, and drive through shielding. The Commission added the need for pedestrian connectivity and circulation within the site. The updated plans presented to the Commission and public at the February 7, 2019 hearing addressed these concerns, and the Commission voted in favor of the project and recommended approval to the City Council. ATTACHMENTS: Description Type D 131kie irneirno Coveir Meirno D Ordnance Il rst Reading Ordnance D Resoklfl&rl M ffigated Neg IDec Resoklf101rl Develop,metit Services, Department jucquetyn k Kitchen, Developm—oint S001ces Offector MEMORANDUM March 6,2019 TO: Honorable Mayor and City Council FROM: Jacqt;ielyn R. Kitchen, Develo,prnentServices Director SUBJECT: Counc[f meeting ofMarch 6,,2 18 -- AGENDA ITEM #Sx, (ZONE CHANGE NO, 18-0386) Du.ring the Planning Commission 's, consideration olf th�llis, request �ebruary 7, 2,01, 9, the appvt[cBrut agreed to increase the Width of the landscape areae alaw gStockdale Highway and Buena Vista Road! to, 10feet" as reflected on th,e site plan (Planiried Devellopimern, Review No. 18-0385). has agreed to also Tina creasetyre width of, the meanidering sidewalk allong5tockdale Highway and Buena Vista Road from 6 feet to 8 feet, in accordarice with, new development standards that are under development. Therefore, this mernoirandum will be inrorporated into PDR, NO, 18-0385 and will slup,eirsedle reference to the 16, -foot sidewalk included In Condition ILEA. ATTACRIII ENTS March 6, 2019 Email, James L Hafferty, Presiden""Half r Development Cu airy, LLC ,s �'�cojunteir operations\IPW & M),\2018\19 -038A 11301 Stocidaw & riv-stiopplog cntr 03106119 CC AGENDA PACKET PG 109 From: To; Cc. jEI&.uj—N2'1q ; k,&(j-Lcxt; hi,YJiJndkaf Subj"Ll RE: Bakersfield - Stockdale Hwy and Buena Vista Date; Wedinesday, March 6, 2019 12:07:20 PIM '1"0 Clarify, we, will agrec,,� to an 8' wide silkwullo I ViSt',L James L. Halferty, President jj"IL J�'Lc 199 South Los Robles Avenue, Suite 840 Pasadena, Califorriia. 91101. wL (626)405-0956x]115 fax(626) 405-0632 ceiI (626) 233-1001 From- Jacqui Kitchen <jkit(.hen@bakersfjeIdcity.us> Sent. Wednesday, March 6, 2019 12:02 PM To. Jim Hafferty <jhalferty@halferty.corn> Cc: Derek Holdsworth <dholdsworth@ksaBr-ouparchitects.com>; Bob Swanson <bob@swansonengr.com>; Paul Johnson <pjohnson@bakersfieldcity,us>; Jasen Lewy <jzIewy@gmaiLcorn>; Nick Fidler <inf idler@ bakersf ieldcjty.lus> Subject; RE: Bakersfield - S,tockda;le Hwy and Buena Vista (,R)od l',k,'afmng Jim, I harr�k you Yor yo(,a rnessa,-,,e �,ind jahcne call rhr rr�caa "t,"fff will a wm,,,,Nrzirlclwn k,) City Council, JO Ilich IInclude, below ai! I ;f, uct �in 8 -foot s6,,walk, (r,'RJif,,r th,-,in ^ h)(A� r,,'Jne point of cU Ok'lcjtlr.n - hv h st"')ckdali- and an, I tf',,rial slieet�, wl'iich 'irE' sub�.-xO the new Vic'iol to boOl S placquelyn R. Kitchen Developinent Servicies Director CqV of Dent Nvenue 661 2D lsi ff—A—K F.—R--.1L-L-........ L - 1—P Liopwem I, -,, D,4)wom "F"Ifilating4 he fututo of N"i " wK, h ononu, "', ummmmv,, `r,w opv, tt. Juddhing 1 From:,hrn Halferty Sent: Wednesday, March 6, 2019 11:16 AM To: Jacqui Kitchen C�c. Derek Holdsworth Bab Swanson Paul Johnson >I- Jasen Lewy <'j'Ir y' (,'Jac'�'J —ci I j'> Subject: BakersfieW - Stockdale Hwy and Buena, Vista Good morning Jacqui, The purpose of this email is to confin-n our telephone conversation earlier this morning. TTL Marketplace, LLC is the owner of the proposed I 01 -acre shopping center at SWC Stockdale Highway and Buena Vista and has agreed that the meandering sidewalk along Stockdale Highway will be 8 feet in width rather than the 6 feet that is shown on the site plan and that the landscaping will remain at a minimum of 10, feet in width. If the City Council keeps this project on its consent calendar toinight we will agree to make these changes on the site work drawings that we will submit to the City for our building permit(s). Please assure the Council of our agreement. If you need any further clarification and/or confirmation, please feel free to call me. Thank you for taking care of this. Warmest regards and much appreciation to you and your staff, A�41 James L. Halferty, President UAILLE=Ai�-' 'NTCOMFIANY.LL�,'-', 199 South Los Robles Avenue, Suite 840 Pasadena, California 91101 1,eh (626)405-0956x1115 fax(626) 405-0632 o�,dl: (626)233-1001 ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE SOUTHWEST CORNER OF STOCKDALE HIGHWAY AND BEUNA VISTA ROAD. (ZC NO. 18-0386). WHEREAS, KSA Group Architects, for ABS Surplus -O, LLC, filed an application with the City of Bakersfield Development Services Department requesting to change the zone district from a PCD (Planned Commercial Development) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 10.59 acres located at the southwest corner of Stockdale Highway and Buena Vista Road, as shown in attached Exhibit "A" (the "Project"); and WHEREAS, the Planning Commission held a public hearing on February 7, 2019, and approved Resolution No. 20-19, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Mitigated Negative Declaration for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 20-19 are hereby adopted. 3. The Project is subject to mitigation measures found the adopted Mitigated Negative Declaration for the Project. 4. The Project is hereby approved and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. Page 1 of 2 SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 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 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 MI - RICHARD IGER Deputy City Attorney JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Exhibits: A Zone Change Location Map B Legal Description By: jeng \ S:\Zone Change\01_Active\2018\18-0386 (11301 Stockdale)\l CC Docs\1st Reading\Ord\ZC 18-0386 CC ZC Ordinance.docx Page 2 of 2 C) Z- - P E G- G q c E c - - o o G rn N o H H o c o o. - - E E° o Z LLJW i/i o = o 03 '" _ s' o rn < EE - - " o `�= V Q o c_ c c� c - - `m o w o g c ✓n �.. 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U d J •- w R\pVNW Dv, m a d W � r t LLI LL MW a W z O d \S\QUO \ oES`N��ES OW LL U m 2 Q 1 a yy 00 00 a b� do LL �d `z' O X y b 11 Y W E 0 z z to ay QQ\ O✓J d 0 NV L d LL � m c yda 60,6 Q wU 3/®6/19 CC AGENDA PACKET PG 114 Exhibit B-2 Legal Description Zone Change 18-0386 APN 522-300-02, -03, -04, -05, -06, and 07 Parcels 1, 2, 3, 4, 5 and 6 of Parcel Map No. 10764 as recorded in Parcel Map Book 51 Pages 159 and 160 in the Office of the Kern County Recorder, also being a portion of the Northeast quarter of Section 1, Township 30 South, Range 26 East, and a portion of the Northwest quarter of Section 6, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California. Na SO 0 'P, :3 . , -31 Y VfL f [,YA Pj KWA , A ILI] i 'CN' E R a: c o. X,323 -r, Fw X13-31.4 0 t P. M. NO 10764 PM BK 51 PG. 159 - 160 522 300-02 AS TO PARCEL I PM NO 10764 522-300-03 AS TO PARCEL 2 PM NO. 10764 522-300-04 AS TO PARCEL J PM NO. 10764 522-300-05 AS TO PARCEL 4 PM NO 10764 522-300-06 AS TO FARCE 5 PM NO, 10764 522--300-07 AS TO PARCEL 6 PM NO 10764 NOTE PARCEL LINES EXTEND TO S7REFT CENTERLINES PER PM NO 10764. OMITTED FOR CLARITY. EAST LINE SEC I T JOS, R. 26F., M. D. 8 & M. A /50 00M TJOS, R.27F, M.D.B & M. f PAR( 4 D- 18'0931 PY 10164 4, fly 10164 N 183851" E 56.75'_` PARCEL 2 PARff'l flM 10764 N 183851" E 46 47-"',, 1: 1901,"52' 209.24' i fililmoo, PARCEL 6 i 'CN' E R a: c o. X,323 -r, Fw X13-31.4 0 t P. M. NO 10764 PM BK 51 PG. 159 - 160 522 300-02 AS TO PARCEL I PM NO 10764 522-300-03 AS TO PARCEL 2 PM NO. 10764 522-300-04 AS TO PARCEL J PM NO. 10764 522-300-05 AS TO PARCEL 4 PM NO 10764 522-300-06 AS TO FARCE 5 PM NO, 10764 522--300-07 AS TO PARCEL 6 PM NO 10764 NOTE PARCEL LINES EXTEND TO S7REFT CENTERLINES PER PM NO 10764. OMITTED FOR CLARITY. PARCEL J PM 10764 EAST LINE SEC I T JOS, R. 26F., M. D. 8 & M. WEST LINE SEC 6 TJOS, R.27F, M.D.B & M. e2 1'60 83kp' ve- --tw000rYLINt 4, fly 10164 N 183851" E PARCEL J PM 10764 N 33587' —PROPUTYUNE N 8936:20"E 568.51' SWANSON ENGINEERING, INC. 5500 Ming Ave., Suite 250 — &*ersfWd. CA 93309 P4660 did—#919; F_ (661) all -Mg `PROPERTY LINE a7 L=280.32' R=2000, 00' D=M'50" 110' WIDE STREET RICHT OF WA Y DEDICATION TO THE CITY OF SAKERSFIFLI) PER 8K. 6655, PC. 2291, OR. EAST 114 CORNER SECT I 3 . "* TJOS, R.26E., M.D.M. N 077238" E 55.02' T.30S, R.261-, MD -8 & M M) .WEST LINE SEC 6 TJOS., R27F, MOB & M. THIS MAP IS PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY ZONE CHANGE pOH NO 18027 IFI I" rt DAIE` 9113118 PCD C-2 In GRD BUENA VISTA ROAD FR)'G NAIL zc I 18027FU07-PUE M 7F,dwo tv go V0,00, w 1'60 83kp' PARC11 5 4, fly 10164 N 183851" E 56.75'_` PARCEL 2 PM 10764 N 183851" E 46 47-"',, 1: 1901,"52' 209.24' i fililmoo, PARCEL 6 0', 1,5:P3'42" PM 10764 "q N 89:36:20" E-2 3Ld 1106..3' N 33587' —PROPUTYUNE N 8936:20"E 568.51' SWANSON ENGINEERING, INC. 5500 Ming Ave., Suite 250 — &*ersfWd. CA 93309 P4660 did—#919; F_ (661) all -Mg `PROPERTY LINE a7 L=280.32' R=2000, 00' D=M'50" 110' WIDE STREET RICHT OF WA Y DEDICATION TO THE CITY OF SAKERSFIFLI) PER 8K. 6655, PC. 2291, OR. EAST 114 CORNER SECT I 3 . "* TJOS, R.26E., M.D.M. N 077238" E 55.02' T.30S, R.261-, MD -8 & M M) .WEST LINE SEC 6 TJOS., R27F, MOB & M. THIS MAP IS PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY ZONE CHANGE pOH NO 18027 IFI I" rt DAIE` 9113118 PCD C-2 In GRD BUENA VISTA ROAD FR)'G NAIL zc I 18027FU07-PUE M 7F,dwo RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE SOUTHWEST CORNER OF STOCKDALE HWY AND BUENA VISTA ROAD. (ZC NO. 18-0386). WHEREAS, KSA Group Architects, for ABS Surplus -O, LLC„ filed an application with the City of Bakersfield Development Services Department to change the zone district from a PCD (Planned Commercial Development) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 10.59 acres at the southwest corner of Stockdale Highway and Buena Vista Road, shown in attached Exhibit "B", (the "Project"); and WHEREAS, on February 7, 2019, the Planning Commission recommended adoption of a Mitigated Negative Declaration for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, March 6, 2019 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place before the City Council to consider the proposed Mitigated Negative Declaration; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Mitigated Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 19-19 are hereby adopted. 3. The Mitigated Negative Declaration for the Project is hereby adopted subject to the mitigation measures in Exhibit "A" for the Project located on the map as shown in Exhibit B, both of which are incorporated herein. ---------000-------- Page 1 of 2 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on , by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: jeng/ S:\Zone Change\01_Active\2018\18-0386 (11301 Stockdale)\l CC Docs\1st Reading\Res MND\ZC 18-0386 CC RES ENV.docx Page 2 of 2 EXHIBIT "A-1" ZONE CHANGE 18-0386 MITIGATION MEASURES (From General Plan Amendment/Zone Change P99-0203 Public Health and Safety Agricultural Use of Property/Adiacent Properties Prior to issuance of any grading permit, the project applicant shall perform soil tests to determine concentrations of pesticide and fungicide residues which may be present within the project site. Should contaminant levels be in excess of acceptable Federal, State and/or County levels, the project applicant shall identify and implement remedial action, subject to approval by the City of Bakersfield and responsible regulatory agencies to reduce contaminants to acceptable levels. Valley Fever 2. At the initial construction meeting prior to grading activities, all construction workers must be informed as to the symptoms of Valley Fever. Flooding/Kern River 3. Prior to recording of any Final Map with parcels less than 20 acres for land located within Zone A, a levee shall be constructed. The location and dimensions of the levee proposed in the northern portion of the Kern River Ranch project site shall be reviewed and approved by the City of Bakersfield Public Works Department. The levee shall be located outside the limits of the primary and secondary floodways. 4. Prior to recordation of a final map with less than 20 acres for land located within Zone A, as defined on the Federal Emergency Management Agency (FEMA) "Flood Rate Insurance Map," the developer shall comply with the requirements of FEMA or revise the FEMA map. The Kern River Ranch project applicant shall furnish to the City of Bakersfield all documentation required by FEMA. Traffic and Circulation Trip Generation and Distribution 5. Prior to the issuance of building permits, the project applicant(s) shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. The project applicants shall participate in the improvements required on a pro -rata fair -share basis as determined by a final traffic study of the future P.C.D. (Planned Commercial Development). Pending final determination provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO -RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact Study for Buena Vista & Kern River Ranch Cumulative Impact, dated June 1997. To accommodate 2020 cumulative traffic plus Buena Vista and Kern River Ranch project traffic volumes, the above referenced fees shall be used to provide the following improvements: Exhibit "A-1 " ZC 18-0386 Mitigation Measures Page 2 Intersection Improvements • Rosedale Highway and Renfro Road: add eastbound through lane and westbound through lane (LOS C); • Rosedale Highway and Fruitvale Drive: add southbound left turn lane and southbound right turn lane (LOS C); • Brimhall Road and Allen Road: add eastbound left turn lane, westbound left turn lane, northbound through lane, and southbound through lane (LOS C); • Brimhall Road and Calloway Drive: add southbound right turn lane (LOS C); • Stockdale Highway and Heath Road: provide exclusive turn lanes for southbound approach (LOS B); • Stockdale Hiahway and Renfro Road: add eastbound lane (LOS C); • Stockdale Highway and Allen Road: add northbound left turn lane, northbound through lane, southbound left Turn lane, southbound through lane, eastbound left turn lane, eastbound right turn lane, and westbound left turn lane (LOS C); • Stockdale Highway and Buena Vista Road: add westbound left turn lane and eastbound right turn lane (LOS C); • Kern River Ranch Entrance #1 and By-ena Vista Road: add eastbound left turn lane, eastbound right turn lane, northbound left turn lane, and southbound right turn lane (with Kern River Ranch) (LOS B); • Deer Peak Drive and Buena Vista Road: add northbound through lane, southbound through lane and southbound left turn lane (LOS B); • Ming Avenue and Allen Road: add westbound left turn lane, northbound right turn lane, and two southbound left turn lanes (LOS B); • Ming Avenue and Buena Vista Road: full expansion per City of Bakersfield's Standard Detail T-4 (LOS C); • Ming Avenue and Ashe Road: add northbound left turn lane (LOS C); • Chamber Boulevard and Buena Vista Road: provide two left turn lanes/one through lane/one right turn lane for eastbound approach, one left turn lane/one through lane/one right turn lane for westbound approach, one left turn lane/two through lanes/one right turn lane for northbound approach, and one left turn lane/two through lanes/one right turn lane for southbound approach (with Buena Vista) (LOS C); • White Lane and Buena Vista Road: add two eastbound left turn lanes, eastbound right turn lane, northbound through lane, northbound right turn lane, southbound left turn lane, southbound through lane, and southbound right turn lane (LOS C); and • Panama Lane and Gosford Road: add northbound left and southbound left (LOS A). Segment Improvements Rosedale Highway (Calloway Drive to Fruitvale Avenue): widen to six lanes (LOS A); Brimhall Road (Jewetta Road t4 Calloway Road): widen to four lanes (LOS A); Stockdale Highway (Buena Vista Road to Old River Road): widen to six lanes (LOS A); Stockdale Hiahway (Cosford Road to Ashe Road): widen to six lanes (LOS A); Stockdale Highway (Real Road to Wible Road): widen to six lanes (LOS A); Ming Avenue Allen Road to Buena Vista Road) widen to four lanes (LOS B)-,, Taft Hiahway (Buena Vista Road to Old River Road): widen to four lanes (LOt Nf /,Y� '� Exhibit "A-1 " ZC 18-0 386 Mitigation Measures Page 3 A); • Allen Road (Hageman Road to Rosedale Highway): widen to four lanes (LOS A); • Allen Road (Rosedale Highway to Stockdale Highway): widen to four lanes (LOS C); • Allen Road (Stockdale Highway to Ming Avenue) widen to four lanes (LOS C); • Buena Vista Road (Stockdale Highway to Mina Avenues widen to six lanes/add median (LOS A); • Buena Vista Road (Mina Avenue to White Lane): widen to six lanes/add median (LOS B); • Buena Vista Road (White Lane to Pacheco): widen to four lanes (LOS A); and • Gosford Road (Pacheco Road to Panama Lane): widen to four lanes (LOS A). Traffic Sianal Warrant 6. The applicant(s) shall participate in the improvements required on a pro -rata fair -share basis as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO -RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact Study for Buena Vista & Kern River Ranch Cumulative Impact, dated June 1997. To accommodate Year 2020 cumulative traffic with projects condition, traffic signals are projected to be required at the following intersections and the above referenced fees shall be used to provide the following improvements: • Stockdale Highway and Heath Road; • Stockdale Highway and Renfro Road; • Kern River Ranch Entrance #1 and Buena Vista Road; • Deer Peak Drive and Buena Vista Road; • Chamber Boulevard and Buena Vista Road; • Pacheco Road and Gosford Road; and • Ming Avenue and Allen Road. 7. The traffic signals required as a result of the proposed project shall include an interconnect of the signals to function in a coordinated system with existing and planned signals. Noise 8. Prior to the issuance of a building permit for the proposed commercial uses, the project applicant shall demonstrate that project commercial noise source impacts on nearby residences are below those indicated in the City's hourly noise level performance standards. To demonstrate commercial noise source impacts are below the City's standards, the project applicant may need to include project design features such as setbacks, barriers, building location/orientation, acoustical design of buildings, etc. Air Quality Exhibit "A-1" ZC 18-0386 Mitigation Measure s Page4 Short -Term Impacts 9. Prior to the approval of a grading plan for any commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities in order to comply with SJVUAPCD Regulation VIII, 10. Prior to the approval of a grading plan for any commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJUAPCD stating the measures that shall be completed during asphalt paving in order to comply with SJVUAPCD Rule 4641. 11. The construction grading plans shall include a statement that all construction equipment shall be tuned and maintained in accordance with the manufacture's specifications. 12. The construction grading plans shall include a statement that work crews shall shut off construction equipment when not in use. Long -Term Impacts 13. The project applicant shall incorporate the following in building plans: • Solar or low -emission water heater shall be used. • Central water heating systems shall be used. • Double -paned glass shall be used in all windows. • Energy efficient low -sodium parking lot lights shall be used. • One (1) bicycle rack shall be provided in each of the proposed commercial areas. Biological Resources Sensitive Resources 14. Prior to the issuance of a grading permits, the project proponents shall comply with all appropriate terms and conditions of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) to the City. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: A preconstruction survey shall be conducted prior to site grading to search for native kit fox dens (specifically tracking shall be conducted at the potential active den located in the southeastern portion of the Kern River Ranch project site). All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they shall be inspected daily prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. Exhibit "A-1" ZC 18-0386 Mitigation Measures Page 5 Excavations shall either be constructed with escape ramps or be covered to prevent entrapment. Or the site(s) could be protected during construction, such as with a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed during construction. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting ranging kit fox or other animals. With the exception of Swainson's hawk (see following mitigation measure), impacts to special - status species on the project site are covered under the terms and conditions of the MBHCP and associated Implementing Agreement. The compensation and avoidance requirements of the MBHCP and buffer zones proposed as part of this project are consistent and follow an ecosystem management approach for endangered species, and provide adequate compensation of the Swainson's hawk and all other potentially occurring special -status species. 15. Prior to issuance of grading permit(s), the project applicant(s) shall comply with the following raptor nest mitigation requirements: If grading is proposed to occur during the raptor nesting season (February through September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. If construction is proposed to take place during the raptor nesting/breeding season (February through September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non -breeding season (October through January). 16. Construction directly adjacent to sensitive riparian habitat potentially occupied by threatened, endangered and other protected species may result in take of listed species ranging through the construction site. During construction and development on the Kern River Ranch project site, the following mitigation measure is recommended to help prevent indirect or direct take of species within the primary floodplain directly adjacent to the project area, for which the MBHCP does not cover take or provide compensation or mitigation: River Access Management: The area alongside the Kern River riparian corridor should be fenced -off, and signs put up, during construction to protect it and prevent damage to vegetation, burrows and nests from heavy equipment, construction vehicles, and to control public access. The off-site adjacent sycamore specimen tree is located within this area just north of the carrot field and special attention should be made to prevent damage to this tree. Trees and shrubs should be planted along the Kern River interface to help mitigate for noise, provide protective cover, and minimize adverse impacts of night lighting on a wildlife species which inhabit the adjacent floodplain and river riparian habitat. Exhibit "A-1 " ZC 18-038 6 Mitigation Measures Page 6 17. The presence of any previously unidentified protected species which are not addressed in the MBHCP, including those protected under the Federal Migratory Bird Treaty Act, should be avoided and evaluated by a qualified biologist prior to construction. The Fish & Wildlife Service (USFWS) and California Department of Fish & Game (CDFG) should be notified of previously unreported protected species. Any unanticipated take of protected wildlife shall be reported immediately to the CDFG and USFWS. Cultural Resources 10- - 0 • • • 18. If archeological or paleontological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the developer shall retain a qualified archeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements in Appendix K of the California Environmental Quality Act Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State codes regulations of the Native American Heritage Commission. Archaeology 19. An archaeological monitor shall be present at CA-KER-3964 during any subsurface construction activities. If significant cultural resources are discovered during monitoring, more testing or data recovery may be required. 20. Should human remains be discovered at any time on any portion of the project, work shall halt and the coroner be notified immediately (Section 7050.5 of the Health and Safety Code). In the absence of an archaeological monitor, a qualified archaeologist and the local Native American community, shall also be notified. Public Services and Utilities Schools 21. The following shall apply to the Kern River Ranch portion of the project located within the Rosedale Union School District. In accordance with the Kern County Plan, the Kern High School district has identified that the mitigation required of projects such as this is an inflation - indexed $1.42. Payment shall not be required to the Kern High School District if it has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. With respect to the Rosedale Union School District, residential property would Exhibit "A-1" ZC 18-0386 Mitigation Measures Pag 7 require either annexation of the property into the CFD 92-1; or, prior to issuance of a building permit within this portion of the project area, the Rosedale Union School District must be paid the following amounts as applicable: (a) $6637.47 per single-family residence; or (b) $2,504.75 per multi -family residence; or (c) $0.5954 per square foot of commercial/ industrial "gross floor area"; or (d) such higher or lower amount that is then equal to such higher amount that may have been lawfully established by CFD 92-1 as the amount required to prepay its Single Payment and Annual Special Taxes. 22. The following mitigation measure applies to the Kern River Ranch prowect site in lieu of moti9,a on Measure #21 above in the event that the Kern County Board of Supervisors orders the transfer of territocy within the project site to the Panama -Buena Vista Union School District pursuant to Education Code Section 35765: "Prior to issuance of a building permit for any residence within the project area, the Kern High School District and Panama -Buena Vista Union School District must be paid the amount of $4.06 per square foot of assessable space (as defined in Section 65995 of the Government Code) for each such residence for the purpose of providing school facilities. This amount shall increase in even numbered years according to the adjustment for inflation determined by the State Allocation Board for Class B construction at its January meeting, which increase shall be effective as of the date of that meeting. Payment shall not be required to a district which has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding." Om_ 23. The City's normal fire protection service flows are 2,500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2,500 g.p.m. limit. Fire flow requirement in excess of 2,500 g.p.m. shall require developer fees of $.0.50/g.p.m./acre in excess of 2,500 g.p.m. or equivalent facilities. 24. Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. 25. City fees for inspection of installation of water facilities are currently calculated at four (4) percent of the estimated construction costs of the in -tract water facilities. In addition, a $10 meter installation fee for each service will be assessed for two inch (2") and less in size. The inspection fees are due and payable to the City by the landowner/developer within thirty (30) days of invoice. Exhibit "A-1 " ZC 18-0386 Mitigation Measures Page 8 26. Prior to final recordation of the map for the subdivision, water availability fees for water service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code 14.04.120(8.) And set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of this date, the fees are set at $2,000 per gross acre. This tract contains approximately 13.65 acres, therefore, fees due are $27,300. However, the fees may be paid upon further subdivision or phasing of the tract. 27. All water mains, service connections, and fire hydrants shall be installed by developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. RM 2B. Applicant shall record, prior to issuance of any building permit, CC & R's (Conditions, Covenants and Restrictions) which state that the site will be annexed to the park maintenance district for the 30 -acre park site located along the north side of Stockdale Highway near Buena Vista Road and pay a pro -rata share of the annual maintenance costs for the 30 -acre park, which will run with the project site. Applicant shall further annex the site to the park maintenance district for the 30 -acre park prior to issuance of any building permit for the site. 29. Applicant shall pay to the city of Bakersfield, prior to the issuance of any building permit on the project site, $100,000 for development of the 30 -acre park located along the north side of Stockdale Highway and Buena Vista Road. C) - _ rn 'E� H_ H 9 = H 9 a _ - E E° Z W E o = rn o 03 c = o < EE 2 1�'s V Q o c_ c c� c o w o o ✓','. _ LU �' E q E E ti m o- E E o o E -' E o- c E_ G - `° `-° c m p J W�o E °' E Z v c _ - - O O p a C¢ •- O p p a O ,n L p o u= p ra o rn000 a� f a g f g a cai O x p `n x 3 ... � SNB y \V O r r>. � � yly', eOpRNE ST z BECKE�Rp LL E U a cn ac i3 N o LL >, 0 W LL S3)4VI ONd89 co U aLL r?, d LL N i 04108ONns W �6 o � U o '� LPQe O �b vN LL W" Lj U >' CL U n. LL Y N >, (t 00 o S� 1J a3n � V1730 LL Q QQ' �> LL QQ� ��� Avm W CREEK Cl �f Q y\Q QVQ J 1118 NV3183 V PQO Orb �yb. y 83n18S90 R\VERWaV �'oi t c( ff J? U d J •- w R\pVNW Dv, m a d /�/ W J a 2 �O��t aio a6 W M LLLL 0 M H d W Z O d \S\P�0 oES`N��ES LV LL U m y Q � M Y o Mw yyb W Y.1 m N 1 di LL jy d Q l o 1 1 i add \EQ' d`�d 60 V iil 0 NV CC d m c dda 60,6 LL Q O W 3/®6/19 CC AGENDA PACKET Pu 127 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent— Ordinances d. TO: Honorable Mayor and City Council FROM: Jacqui Kitchen, Development Services Director DAT E: 2/13/2019 VITI-11 N SUBJECT: Adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code within Chapter 17.32 A (Agriculture Zone) relating to the Agricultural Zone regulations. STAFF RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 6, 2019. In 2014, Governor Brown signed into law a series of bills collectively known as the Sustainable Groundwater Management Act (SGMA). In part, SGMA requires governments and water agencies to halt overdraft and bring groundwater basins into balanced levels of pumping and recharge. Recently, the City has received a number of inquiries from water purveyors that are interested in pursuing "water banking" activities on properties located near the outer edges of the City limits. These activities typically include the storing of water by flooding a specified surface area with water and allowing it to percolate directly to an underground water basin, where it could then be pumped out at a later time. Currently, the City's Municipal Code allows "surface water spreading grounds" as a permitted use in the following zone districts: • FP -P (Floodplain Primary); See 17.42.030.13 • FP -S (Floodplain Secondary); See 17.44.030.A This term includes water banking/recharge facilities. Therefore, any use of property for water banking would require the appropriate zone (FP -P or FP -S). The new A -WR combining zone would create a mechanism for future requests for water- banking/recharge, and could facilitate implementation of State SGMA requirements. This approach will also ensure that all future water -banking activities outside of the flood -plain are Vf f [,Ylj M L4 MA ,L reviewed and evaluated by City staff on a case -by case basis; and allows public noticing and ultimate approval by City Council. The combination within the A -zone would also ensure that new water -banking activities could only occur in areas designed as "Open -Space" or "Resource" areas by the General Plan, and these areas are generally located in the periphery areas of the City and not in areas incompatible with urban activities and infrastructure. The Planning Commission unanimously approved the revision at their meeting on November 1, 2018 after conducting a public hearing. F-11 6 us] M I Llfi 14 LI h Description Type D I7'.32 A (Aglrk'UtU4Zone) Oir&naince Mf f [,Ilfflj Le MA ,L ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17.32 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO A (AGRICULTURE ZONE). BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 17.32 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 17.32 A (AGRICULTURE) 17.32.010 Generally. 17.32.020 Uses permitted. 17.32.030 Uses permitted subject to planning director review and approval. 17.32.040 Building height, yards and distance between buildings on same lot. 17.32.050 A-20 A (agricultural twenty -acre minimum lot size) zone. 17.32.060 A -WR (Agricultural - Water Recharge Combining) zone. 17.32.010 Generally. The regulations set out in this chapter shall apply in the A agricultural zone unless otherwise provided in this title. 17.32.020 Uses permitted. The following uses are permitted in an A zone: A. Any use permitted in the R-1 zone; B. Accessory agricultural buildings and uses, including farm buildings, housing for agricultural workers, garages and implement shelters, provided no livestock or any building or enclosure used in connection with livestock shall be located nearer than one hundred feet to the front lot line, nor nearer than fifty feet to any existing dwelling on any contiguous property, nor nearer than one hundred feet to any public park, school, hospital or similar institution; C. Hatching, raising and fattening of chickens, turkeys, or other fowl, or poultry or rabbits, fish or frogs for domestic or commercial use; provided, that no commercial poultry pen or coop or commercial rabbitry shall be maintained on a building site containing an area of less than one acre; Page 1 of 3 Pages 3106/19 CC AGENDA PACKET PG 13 D. Agricultural and horticultural uses including nurseries, greenhouses, orchards, the keeping of one or more beehives or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening on a commercial scale; E. The keeping of bovine animals, horses, mules, sheep, goats and hogs (none garbage fed); provided, that the number thereof shall not exceed a number per acre equal to four adult animals in any combination of the foregoing animals and their immature offspring and; provided, that in no event shall there be more than five hogs kept on any premises. 17.32.030 Uses permitted subject to planning director review and approval. The following uses may be permitted subject to review and approval by the planning director: Private or public open recreational or sporting uses or events for a period of not to exceed one week at a time. 17.32.040 Building height, yards and distance between buildings on same lot. None, except that on parcels or lots of less than fifteen thousand square feet in area and recorded as a separate lot in the office of the county recorder prior to the enactment of Ordinance No. 1010 (1954), the parcel or lot may be occupied by not more than one dwelling unit. Regulations shall be the same as required in the R-1 zone; provided, that all buildings shall be located not nearer than one hundred ten feet from the centerline of any existing or planned public street or highway. 17.32.050 A-20 A (agricultural twenty -acre minimum lot size) zone. All permitted uses and regulations in the A -20A (agricultural twenty -acre minimum lot size) zone shall be the same as for the A zone, except that the minimum lot size shall not be less than twenty acres. 17.32.060 A -WR (Agricultural - Water Recharge Combining) zone. All permitted uses and regulations in the A -WR zone shall be the same as for the A zone, except that "surface water spreading grounds" may also occur as a permitted use. SECTION 2. 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. ---------000---------- Page 2 of 3 Pages 03/06/19 CC AGENDA PACKET PG 131 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: 1.2 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER RICHARD IGER, Deputy City Attorney RI:vlg S:\COUNCIL\Ords\ 18-19\1 7.32A(AgriculturalZone).Rdln.docx JULIE DRIMAKIS, CMC CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 3 of 3 Pages 3/06/19 CC AGENDA PACKET PG 132 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Resolutions e. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 1/28/2019 WARD: Ward (s) 2, 3, 4, 5 SUBJECT: Resolution requesting the route transfer and adoption of the Westside Parkway and the Centennial Corridor as the new State Route 58 alignment. STAFF RECOMMENDATION: Staff recommends the approval of the resolution. BACKGROUND: The City and the State Department of Transportation (Caltrans) have worked cooperatively for the last several years to bring the Centennial Corridor Project to the construction phase. Several phases of this project are already under construction, and the mainline, which is the last phase, is currently advertising to receive bids from general contractors for the construction of the project. The Centennial Corridor Project is expected to be fully constructed by 2022. The City has requested Caltrans to initiate the process for the route transfer and adoption of the Westside Parkway and the Centennial Corridor as the new alignment for State Route 58. This route transfer and adoption will cause the Westside Parkway and Centennial Corridor to be part of the State Highway System. Caltrans will be responsible for the management and maintenance of this facility. Before Caltrans can present this request to the California Transportation Commission for final approval, this resolution from the City is required. It is anticipated that this action will take place during the summer of this year. Staff is in full support and recommends the approval of this resolution. F-11 6 us] M I Llfi 14 Ll h Description D ResdU601r1l D ROUte Transfer IMa p Type ResokldOlrl Ba. ckUIMateir4� RESOLUTION NO. A RESOLUTION REQUESTING THE ROUTE TRANSFER OF STATE ROUTE 58 TO A NEW LOCATION ALONG THE WESTSIDE PARKWAY AND CENTENNIAL CORRIDOR ALIGNMENT WHEREAS, On February 15th 2012, CALTRANS relinquished a portion of the existing State Route 58 to the City and County of Kern under Relinquishment Agreement No. 12-037; and WHEREAS, it is proposed that the WESTSIDE PARKWAY and CENTENNIAL CORRIDOR be adopted as the new State Route 58 in Bakersfield, California as set forth in Exhibit "A"; and WHEREAS, the CENTENNIAL CORRIDOR is currently under construction and scheduled to be complete by 2022; and WHEREAS, CALTRANS has determined that the state and condition of the WESTSIDE PARKWAY is suitable to serve as a State Highway; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and are incorporated herein by reference. 2. The CITY requests the Route Transfer and Adoption of the State Route 58 to the WESTSIDE PARKWAY and CENTENNIAL CORRIDOR alignment by future Route Adoption action by the California Transportation Commission. ------------000------------ 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: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, CMC 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 1.2 ANDREW HEGLUND Deputy City Attorney II Attached: Exhibit "A" 2 C:\Users\Itopete\Desktop\Route Adoption\Route Adoption RESOLUTION -FINAL-.docx ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Resolutions f. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 1/24/2019 WARD: Ward 3 SUBJECT: Sewer construction fee assessment for 7900 Kimberly Avenue: 1. Resolution confirming assessment for sewer construction fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Kody J. Allred, 7900 Kimberly Avenue, to pay the sewer construction fee through the Kern County Tax Collector. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and approval of the agreement. BACKGROUND: The owner of the property at 7900 Kimberly Avenue desires to connect said property to the City sewer system. The property owner claims that to pay the Hooper Avenue and Kimberly Avenue Planned Sewer Area sewer construction fee in one payment would produce an economic hardship. To assist in paying the construction fee of $10,000, the City has contracted with the property owner to spread the construction fee over an eight year period to be collected with the property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County Tax Collector to collect the construction fee in eight equal payments over the next eight years. ATTACHMENTS: Description Type D Seweir C01r]St1rLX.d01r]1 fee assessiment resokidoin roar 7900 ResokldOlrll K�irybeidy/kvelr]Ue D Seweir C01r]St1rLX.d01r]1 fee assessiment agireeirneirlit roar 7900 /kgireeirneint K�irybeidy/kvelr]Ue RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING ASSESSMENT FOR SEWER CONSTRUCTION FEE AND AUTHORIZING THE COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the owner of the property at set forth in Exhibit "A" in the City, will connect the property to the City sewer system; and WHEREAS, the City finds that to pay the cost of the sewer construction fee in one payment would produce an economic hardship on the property owner; and WHEREAS, to assist the property owner in paying the sewer construction fee the City has agreed to spread the cost of the fee over an eight year period; and WHEREAS, the property owner (set forth in Exhibit "A") has entered into an agreement with the City to pay the cost of the construction fee through the property taxes over the next eight years. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby confirms and approves the individual assessments for sewer construction fee set forth in Exhibit "A". 3. The Kern County Tax Collector is hereby authorized to collect the assessments for sewer construction fee to be collected in eight equal payments over the next eight years. 4. The provisions of Proposition 218 do not apply as the sewer connection fee and sewer construction fee were imposed at the written request of the property owner. ---------000 --------- 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 JULIE DRIMAKIS, CMC 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 RICHARD IGER Deputy City Attorney Attachment: Exhibit "A" EXHIBIT "A" Property Owner and Individual Assessment ATN: 507-122-07-00-7 Kody J. Allred 7900 Kimberly Avenue Bakersfield, CA 93308 Sewer Construction Fee $10,000.00 Total to be assessed on taxes is $10,000.00 Mailing Address Same as above AGREEMENT NO. AGREEMENT TO PAY SEWER CONSTRUCTION FEE IN INSTALLMENTS AND NOTICE OF SPECIAL ASSESSMENT LIEN THIS AGREEMENT is made and entered into on , 2019 by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation ("CITY") herein, and KODY J. ALLRED, an unmarried man ("PROPERTY OWNER") herein. RECITALS WHEREAS, PROPERTY OWNER wishes to connect to the City sewer; and WHEREAS, CITY agrees to allow PROPERTY OWNER to pay the sewer construction fee by installment and PROPERTY OWNER agree that the sewer construction fee will be placed on the property tax rolls for collection and placed as a special assessment lien thereon, NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. LOCATION OF PROPERTY. PROPERTY OWNER owns a single-family residence located at 7900 Kimberly Avenue, (ATN 507-122-07-00-7) within the city limits of the CITY. 2. SEWER CONSTRUCTION FEE. The sewer construction fee shall be in the amount of Ten Thousand Dollars ($10,000.00). PROPERTY OWNER hereby requests, and CITY agrees to allow PROPERTY OWNER to pay the sewer construction fee by installment as provided for herein. PROPERTY OWNER also agrees to 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, arising out of, connected with or in any way arising from, the terms and provisions of this Agreement. 3. ECONOMIC HARDSHIP. PROPERTY OWNER represents and the City hereby finds that to pay the cost of the sewer connection fee and sewer construction fee in one payment would produce an economic hardship on PROPERTY OWNER. 4. PAYMENT. PROPERTY OWNER agree to pay the sewer construction fee in eight equal annual installments of $1,250.00, each of which shall be -1- placed on the tax assessment rolls, the first payment to be due and payable on the next Kern County Assessors tax bill. 5. CONSENT FOR SPECIAL ASSESSMENT LIEN PLACEMENT ON PROPERTY. PROPERTY OWNER further agrees and consents to the CITY placing a special assessment lien on the above property for the amount of the sewer construction fee which will remain until such time as PROPERTY OWNER pays off the total sewer construction fee. 6. 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. 7. 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. 8. 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 City Hall 1600 Truxtun Avenue Bakersfield, California 93301 PROPERTY OWNER: Kody J. Allred 7900 Kimberly Avenue Bakersfield, California 93308 -2- 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 CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ANDREW HEGLUND Deputy City Attorney NELSON SMITH Finance Director "PROPERTY OWNER" KODY J. ALLRED By. "�r�J I l Kody J. Allred S:\PROJECTS\SewerConFee\agrments\7900 Kimberly Ave AGRMT.doc -3- CALIFORNIA • • • CIVIL • DE § 1189 c CMt <... . : . .... Com.:.{.CCI.,<—.rC .�•: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of A t� On Ild /9 before me)MAmpg ET S, ky-, AJOIA9-y 41AWL Date Here Insert Name and Title of the Officer personally appeared K d D t(J _-C-007A A L L e-vt NameAV of Signe* who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MANPREET SINGH BEHL Notary Public -California z Z Kern County z Commission # 2180844 My Comm, Expires Jan 28, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signatur of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc ment ,/ Title or Type of Document: T hrW COl" 6714.&&9jnj.Document Date: Number of Pages: _�— Signer(s) Other Than 11amed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I I Corporate Officer — Title(s): 1 _I Partner — ❑ Limited LJ General C:l Individual CI Attorney in Fact 11 Trustee D Guardian or Conservator El Other: Signer Is Representing: Signer's Name: :I Corporate Officer.— Title(s): I Partner — n Limited LJ General U Individual 1_l Attorney in Fact 11 Trustee 17 Guardian or Conservator Cl Other: Signer Is Representing: ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Resolutions g. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 1/23/2019 WARD: Ward 2 SUBJECT: Fire Station 2 Bathroom/Locker Room Remodel: 1. Resolution dispensing with normal bidding procedures and determining that Sourcewell (Formerly National Joint Powers Alliance -(NJ PA)) is the most efficient way to obtain contract pricing from a cooperative procurement bidding process, and authorizing the Finance Director to dispense with bidding thereof, not to exceed $422,000. 2. Accept and approve agreement with Haus Construction, I nc. ($382,383.71) for said project. 3. Appropriate $250,000 from the Facility Replacement Reserve to the Fire Department Capital Improvement Budget within the Capital Outlay Fund. STAFF RECOMMENDATION: Staff recommends adoption of resolution, acceptance of bid and approval of contract and appropriation of funds. BACKGROUND: Contained within the FY 2017-18 Adopted Capital Improvement Budget is a project to rehabilitate and remodel the existing locker rooms and bathroom area at Fire Station 2. This fire station is the oldest station that the City of Bakersfield currently operates. The locker room and bathroom areas have not been updated for over 30 years and show significant wear and plumbing issues. The general scope of work includes the rehabilitation of the existing footprint within the locker room and bathroom area with new plumbing, sewer drains, tiling, sinks, ADA accessible toilets and showers, which would meet current standards. This remodel would provide more privacy to all Fire personnel. Fire Department worked with Design Engineering Staff to solicit architectural services from RRM Design Group to help prepare construction documents for this project. This project was originally bid in June 2018; however, at that time no bids were received by contractors. Staff followed up with several local contractors who attended the pre-bid job walk as well as those listed on the prospective bidders list. The consensus was that the project's schedule was too aggressive and that their bids would HXCHHd the project budget. {lnH prospective contractor indicated that their bid would have been around $500,000. Additionally, the prospective COrtr8CtOr8 indicated that the current VO|U0OH Of VVOd< throughout the regional precluded them from being 8b|H to commit to the project. Staff from Public Works, City ManagersOffice and Fire Department met 0Oseveral occasions to rH8H8rCh options for constructing this project. It was determined that going through 8 pre-bid vendor would be the most HCOnO0OiC8| and fH88ib|H 8O|UtiOn to CO0Op|HtH the 0OUCh-nHHdHd project, 88 opposed to re -advertising the project. Therefore, staff contacted the Gordian Group that 8pHCi8|izH8 in contract administration through Job Order Contracting (jOC) through SOUrCHVVH||, fOrDHdV known 88 the National Joint POVVHr8 /\||i8nCH (NjFA). The City has purchased 8HVHr8| itH0O8 and equipment through the NjFAinthe past, such 88 the Mi1SCO sports field lighting at the Sports \/i||8gH. Through this program, City Staff had 8 job walk with the contractor so they could better understand the 8COpH Ofwork and provide CO0OpHtitiVH pricing through SOUrCHVVH||. Through SOUrCHVVH||, the bid itH0O8 are pre-set, the 8COpH Of VVOd< is determined, and the COntF8CtOr8 provide 8prOpO88| based on the 8COpH using predetermined phCH8. For this particular project, the prOpO88| C80OH at 8pprO>j0O8tH|V $382,383.71, which is higher than the city's engineers estimate, however still less costly than what could bHexpected in 8 re -bid. Based On this information, staff bH|iHVH8 this prOpO88| from H8U8 Construction is rH88On8b|H given the current situation. Since this project was bid the first time and no bids were received, staff rHCOnlnlHnd8 approval of the rH8O|UtiOn dispensing with formal bidding prOCHdUrH8 and Obtaining prOpO8Ed8 through 8OUrCHVVH||. Through this prOCH88, the construction projects 8grHH0OHrt VVOU|d be 8VV8rdHd to H8U8 Construction, Inc. H8U8 Construction has entered into 8competitive procurement contract with SOUrCHVVH|| to offer discount pricing for the construction project. The City 0OUniCip8| COdH 8||OVV8 the City to dispense with formal bidding when there are no |OC8| bids rHCHiVHd and we are 8b|H to obtain discount pricing from 8 company that has dHVH|OpHd pricing through 8 CO0OpHtitiVH bidding process with another governmental agency The current proposal the City received from H8U8 Construction, Inc., who will be the ph0OH contractor on this job, is as follows: H8U8 Construction, Inc. 1479 B8r8tOVVAve in the amount of $382,383.71 Fresno, CA93711 Currently $172,000 is budgeted for this project. Additional funds are needed to fully fund this project. Therefore, staff recommends appropriation Of$250,000 from the Facility Replacement RH8HrVH. Staff recommends adoption of the resolution to dispense with bidding, appropriation, and award Of the 8grHH0OH[t to H8U8 Construction for the Fire Station 2 Locker Room/Bathroom RH0OOdH| ATTACHMENTS: Description Type D HauaConet Reeo Reeo|udon C0Ir]StIrUC'd0lr]l PirojectsAgireeirneinit Agreement RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE CONSTRUCTION OF THE FIRE STATION 2 LOCKER ROOM/BATHROOM REMODEL AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE CONSTRUCTION OF SAID PROJECT, NOT TO EXCEED $422,000. WHEREAS, the City's Fire Department has budgeted a project to rehabilitate and remodel the existing locker rooms and bathroom area at Fire Station 2, which is the oldest station that the City of Bakersfield currently operates; and WHEREAS, the City's Public Works Department requested bids from qualified bidders, including local bidders, for the project, but no bids were submitted; and WHEREAS, under the Bakersfield Municipal Code Section 3.20.060(D) (6), the City may enter into cooperative procurement contracts for the work in question, if the work, supplies, equipment, or materials are not available from local vendors and if it is in the City's best interests and economic advantage to do so as long as the cooperative procurement contract was competitively awarded by another governmental agency within the last thirty-six months; and WHEREAS, purchasing work, supplies, equipment or materials for the City through national cooperative procurement contracts is in the City's economic advantage and best interests because local bidders, who elected not to bid on the project, indicated that if they had bid on the project, the bid would have been significantly more than the engineer's estimate for the project; and WHEREAS, Haus Construction, Inc., from Fresno, California, has a cooperative procurement contract through Sourcewell, formerly, the National Joint Powers Alliance; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein, which occurred within the last thirty-six months, substantially complies with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value; and WHEREAS, Haus Construction, Inc., is qualified to perform the scope of work for the project. - Page 1 of 3 Pages - 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. No bidder submitted a bid for the rehabilitation and remodeling of the existing locker rooms and bathroom area at Fire Station 2. 3. For the reasons stated above, purchasing work, supplies, equipment or materials for the project through a national cooperative procurement contract for this project is in the City's economic advantage and best interests. 4. Haus Construction, Inc., has a cooperative procurement contract through Sourcewell, formerly, the National Joint Powers Alliance, that was competitively awarded by another governmental agency within the last thirty- six months. 5. The Finance Director or his designee is authorized to execute an agreement for the construction of the project at Sourcewell pricing with Haus Construction and negotiate the purchase of that contract, not to exceed $422,000. 6. 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, Haus Construction. - 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: ABSTAI N ABSENT: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER JULIE DRIMAKIS, CMC 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 1.2 ANDREW HEGLUND Deputy City Attorney AH/vlg S:\COUNCIL\Resos\18-19\HausConstruction.Reso.docx - Page 3 of 3 Pages - AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT This CONSTRUCTION PROJECTS AGREEMENT ("Agreement") is made and entered into on ("Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and HAUS CONSTRUCTION, INC., a California Corporation) ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that 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 retain CONTRACTOR to construct the Bakersfield Fire Station 2 Locker Room Renovation ("Project"), as set forth herein which is not paid for with federal funds. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. 1.1. In exchange for the Compensation (defined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project ("Scope of Work"). 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. The following documents are incorporated herein as if fully set forth: ➢ Notice to Contractors ➢ Special Provisions ➢ Bid Proposal ➢ Bidder's Bond ➢ Performance Bond ➢ Material and Labor Bond ➢ Letters of transmittal, if any ➢ All provisions required by law to be inserted in this Agreement whether actually inserted or not C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pn ni- 1 of 19 3/06/19 CC AGENDA PACKET PG 151 ➢ Current State of California DAS 140 Form (if required by Specifications) ➢ Drawings, if any ➢ Public Contract Code § 22300 (Escrow Accounts) ➢ Current State of California DIR - PWC 100 Form ➢ Required Federal -Aid Contract Language (Exhibit 12-G) (if Project Federally Funded) ➢ Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12-G) (if Project Federally Funded) ➢ Subcontracting Request Form (Exhibit 16-13, LAPM) (if Project Federally Funded) ➢ Prevailing Wage Rates (Davis -Bacon) (if Project Federally Funded) ➢ Title VI Assurances and Appendices (if Project Federally Funded) 1.2. If CITY is receiving federal -aid for the construction of all or a portion of the Project, CONTRACTOR must physically incorporate all federally required contract provisions, including Form FHWA-1273, in their 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 this Agreement. 2. COMPENSATION/PAYMENT PROCEDURE. 2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project, in an amount not to exceed Three Hundred Eighty Two Thousand, Three Hundred Eighty Three Dollars and Seventy One Cents ($382,383.71) ("Compensation"). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pnna 9 of 19 03/06/19 CC AGENDA PACKET PG 152 Part 26.29, 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 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 from payments to CONTRACTOR, unless otherwise prohibited by law. 3. 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 those 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. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 5. TERMINATION. 5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 5.1.1. A material breach of the contract where CONTRACTOR fails to cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot reasonably be cured within ten days, CONTRACTOR must have taken significant steps to cure the breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately beginning to cure the default; 5.1.2. CONTRACTOR's violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency applicable to the Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure; 5.1.3. CONTRACTOR makes an assignment for benefit of creditors, C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pnna 4 of 19 3/06/19 CC AGENDA PACKET PG 153 admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; and 5.1.4. CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances within ten days with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. CONTRACTOR's failure to provide all information requested by CITY will be a material breach of this Agreement. 5.2. 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 those subcontracts at its sole discretion. 5.3. 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. 6. 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. 7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pnna d of 19 03/06/19 CC AGENDA PACKET PG 154 Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 8. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. 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 and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 12. 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. 13. 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. 14. INSURANCE AND SECURITY. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pnna .5 of 19 03/06/19 CC AGENDA PACKET PG 155 14.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 14.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos 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 $1,000,000 per occurrence. 14.1.2. Commercial general liability insurance, unless otherwise approved by 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 $1,000,000 per occurrence. The policy must: 14.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 14.1.2.2. Provide products and completed operations coverage; 14.1.2.3. Provide premises, operations, and mobile equipment coverage; and 14.1.2.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pnna A of 19 03/06/19 CC AGENDA PACKET PG 156 provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.2. General Provisions Applying to All Insurance Types. 14.2.1. All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may 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. 14.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 14.2.3. The insurance required above, except for workers' compensation insurance, must 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 CITY in writing. 14.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pnna 7 of 19 3/06/19 CC AGENDA PACKET PG 157 evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 14.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 14.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 14.3. Security. CONTRACTOR shall provide performance and labor and material security in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR begins to perform the Scope of Work. 15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's 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 or 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. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pnna R of 19 3/06/19 CC AGENDA PACKET PG 158 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 that CITY may withhold from any funds held by CITY concerning CONTRACTOR's performance of the Scope of Work 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. 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. 21. 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 made available to CITY representatives upon request at any time during regular business hours. 22. 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pnna 9 of 19 03/06/19 CC AGENDA PACKET PG 159 assigns. 23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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. 24. COUNTERPARTS. 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. 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. 26. 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. 27. 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. 28. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 29. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 30. 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 and signed by all the parties. If any modification of this Agreement results in total Compensation which exceeds $40,000, the modification must be approved by the City Council. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721 A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pn ni- 1 n of 19 03/06/19 CC AGENDA PACKET PG 160 31. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 32. 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 CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: HAUS CONSTRUCTION, INC. 1479 W. Barstow Fresno, California 93711 33. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 34. 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 CITY property. 35. CONTRACTOR'S LICENSE INFORMATION. License Number 1012660 Expiration Date 04/30/2020 License Classification B - General Building Contractor C33 - Painting and Decorating 36. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 47-5103316 CONTRACTOR is a corporation? Yes x No (Please check one.) C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pn ni- 11 of 19 03/06/19 CC AGENDA PACKET PG 161 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" HAUS CONSTRUCTION, INC. in PRINT NAME: Title: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\01748892-0451-4127-9B50- A6EAE721 A5F8\Bakersfield.14756.1.Construction_Projects_Agr.docx Pt ni- 19 of 19 3/06/19 CC AGENDA PACKET PG 162 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Resolutions h. TO: Honorable Mayor and City Council FROM: Lisa McGranahan, HR Manager DAT E: 2/8/2019 VITI-11 N SUBJECT: Amendment No. 23 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit (Wage adjustments -Animal Control Officer) STAFF RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: After recent negotiations concluded with SEI U, Council approved an equity pay increase for the position of Animal Control Officer. The newly negotiated rate for a Step 1 Animal Control Officer is now $18.786/hr. While reviewing the staffing complement for the Animal Control facility, the Police Department approached Human Resources with a request to make a subsequent adjustment to the Animal Control Officer - Temp position. The current hourly rate for a temporary Animal Control Officer is $14.361/hr. In comparison, the disparity of pay between the full-time and the temporary Animal Control Officer is now nearly 27%. The Police Department traditionally experiences recruitment challenges when trying to fill this temporary role therefore in a joint effort, we are requesting that the temporary position rate of pay be increased as well. A more competitive rate should assist both the Police Department and Human Resources to more efficiently fill these critical positions. Further review of various temporary positions within the City of Bakersfield reveal the pay disparity between full time and temporary positions ranges between 10 to 15%. The Bakersfield Police Department requests an increase of the Animal Control Officer - Temp position to $16.556/hr. This increase will to bring the temporary Animal Control position more in line with existing temporary pay rates, as compared to the respective full time permanent position pay rates across the City. Finally, this role is viewed as a critical public service as some of the main job duties may include, but are not limited to: explaining and enforcing animal laws and ordinances specific to rabies vaccinations and licensing for dogs over the age of three months; assist at weekly clinics and Animal Control park vaccination and licensing clinics; processing paperwork, assisting with line control, checking city/county jurisdictions; visit dog parks and ensure vaccination and licensing compliance; routinely pick up and deliver licenses to outside agencies; Critters without Litters, SPCA; transport deposits to treasury and retrieve change when needed; canvass specific beats within the city limits to provide clinic and licensing information. The following table outlines the temporary current rate and proposed new rate for the Animal Control Officer -Temp position. Classification Current Rate/HR Proposed New Rate/HR Animal Control Officer- Temp $14.361 $16.556 ATTACHMENTS: Description Type D /kirneindirnent No 23 to Resokldoin No 44 93 ResokldOlrl RESOLUTION NO. AMENDMENT NO. 23 TO RESOLUTION NO. 44-93 SETTING SALARIES AND RELATED BENEFITS FOR THE TEMPORARY UNIT WHEREAS, Resolution No 44-93 sets salaries and related benefits for employees of the Temporary Unit; and WHEREAS, the City desires to make amendment thereof; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that effective immediately following Council action, a portion of the Salary Schedule, a part of Resolution No. 44-93, is hereby amended as follows: 1. Resolution No. 44-93 is hereby amended by revising the salaries of the following class titles in the Temporary Unit: Step I 27209 A Animal Control Officer- Temp $16.556 ---000---------- 1 r 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 on by the following vote: AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED: In KAREN GOH Mayor APPROVED AS TO FORM: IS JULIE DRIMAKIS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield VIRGINIA A. GENNARO CITY ATTORNEY of the City of Bakersfield I ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Resolutions i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 2/8/2019 WARD: Ward (s) 2, 6 SUBJECT: Resolutions of Intention to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1993 adding Area 2-72 (4250 Ashe Road) — Ward 6 2. ROI No. 1994 adding Area 4-191 (2443 Oak Street) — Ward 2 3. ROI No. 1995 adding Area 4-192 (1705 Baker Street) —Ward 2 4. R01 No. 1996 adding Area 4-193 (1836 Orange Street) — Ward 2 5. R01 No. 1997 adding Area 4-194 (3130 24th Street) — Ward 2 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 will provide for the maintenance of a public park and street landscaping. For an area where a park has been constructed and/or street landscaping has already been installed, the area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels during the next Annual Update to the consolidated maintenance district. For an area where a park and/or street landscaping has not been installed, the area will be assigned appropriate tier levels when improvements are constructed. The City of Bakersfield 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 the City 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 Q 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. Staff is recommending the new territories be added to the consolidated maintenance district at the next City Council meeting. ATTACHMENTS: Description D RU #1993 adding/kirea 2 72 to the CMf.:� D MD 2 72 EkNbtl D MD 2 72 EkNbt/k D MD 2 72 EkNbt IB D D 2 72 EkNbt C D �M D 2 72 EkNbt D D �M D 2 72 EkNbt E D D 2 72 EkNbt F D RO #1994 add ing /kirea 4 191 to the CM 1'.) D �M D 4 191 Exhbtl D �M D 4 191 Exhbt/k D D 4 191 E xh Ib t IB D D 4 191 E xh lb t C D D 4 191 Exhbt D D D 4 191 Exhbt E D D 4 191 Exhbt F D RO #1995 add ing /kirea 4...'192 to the CM 1'.) D D 4.-'192 Exhbtl D D 4.-'192 Exhbt/k D D 4 192 Exhbt IB D D 4 192 Exhbt C D D 4 192 E xh Ib i'i t D D D 4 192 Exhbt E D D 4 192 Exhbt F D RO #1996 add ing /kirea 4...'193 to the CM 1'.) D �M D 4 '193 Exhbtl D �M D 4 '193 Exhbt/k D D 4..'193 Exhbt lB D D 4 193 Exhbt C D �M D 4 193 Exhbt E D D 4 193 Exhbt F D RO #1997 add ing /kirea 4...'194 to the CM 1'.) D MD 4 '194 Exhbtl D MD 4 '194 Exhbt/k Type ResokldOlrl EkNbt EkNbt EkNbt EkNbt EkNbt EkNbt EkNbt ResokldOlrl EkNbt EkNbt EkNbt EkNbt EkNbt EkNbt EkNbt ResokldOlrl EkNbt EkNbt EkNbt EkNbt EkNbt EkNbt EkNbt ResokldOlrl EkNbt EkNbt EkNbt EkNbt EkNbt EkNbt EkNbt ResokldOlrl EkNbt EkNbt 03106119 CC AGENDA PACKET PG 168 D 9D ml E xhb i B EkNbt D MID ml Exhbt C EkNbt D MID ml Exhbt D EkNbt D MID ml Exhbt E EkNbt D MID ml Exhbt F EkNbt Mf f [,Ylj a Le MA ,L RESOLUTION OF INTENTION NO. 1993 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2-72 (4250 ASHE 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 6) 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 2-72 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"; SAPROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-72\R0I 1993 EST CMD.docx Page 1 of 3 03/06/19 CC AGENDA PACKET PG 170 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. SAPROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-72\R0I 1993 EST CMD.docx Page 2 of 3 03/06/19 CC AGENDA PACKET PG 171 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 JULIE DRIMAKIS, CMC 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 RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-72\110I 1993 EST CMD.docx Page 3 of 3 3/06/19 CC AGENDA PACKET PG 172 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2-72 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 4250 Ashe 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 reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-72\PW DIRECTOR'S REPORT.docx EXHIBIT 1 03/06/19 CC AGENDA PACKET PG 173 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 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 2018-2019 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\MAIN DIST\ Format ion Documents\Area 2\MD 2-72\PW DIRECTOR'S REPORT.docx EXHIBIT 1 03/06/19 CC AGENDA PACKET PG 174 LEGAL DESCRIPTION Area 2-72 An area located in Section 15, Township 30, Range 27 M.D.B. & M., more particularly described as follows: SPR 18-0290 4250 Ashe Road Bakersfield California Containing: 4 Acres, more or less. I *AV : I 1 1.1111 W-11 EXHIBIT'Bw I 03106119 CC AGENDA PACKET PG 176 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 tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) 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- l 0A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre MAINTENANCE DISTRICT AREA 2-72 Said assessment is made in accordance with the benefit formula attached hereto. 2018-2019 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 MAINTENANCE DISTRICT AREA 2-72 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Assessor's Tax No. 384-370-19-00-3 I Total Date: Total amount to be collected for FY (2018-2019) $0.00 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield I *AV: I 1 1.1 k IN 4 KEVIN SILBERBERG, d.D. District Superintendent 4200 Ashe Road Bakersfield, CA 93313 (661) 831- 331 FAX (661) 398-2141 January 9, 2019 Panama -Buena Vista Union School District Inclusion of a, Subdivision into the Consolidated Maintenance District City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 BOARD OF TRUSTEES Dean Haddock, Psy.D. John P. Lake Flynor Cherie Col in Greg White Keith C. Wolaridge Dear Mr, Padilla: RE. Inclusion of (choose one of the following) Tract Map - Parcel Map - Parcel Map Waiver No. in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (choose one of the following) Tract Map e Parcel Map - Parcel Map Waiver - No. 384-37-01 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 93301. We hereby waive our right to further notice of that hearing. Respectfully, Glenn lmke, CPA, CBO Assistant Superintendent, Business Services RESOLUTION OF INTENTION NO. 1994 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-191 (2443 OAK STREET) 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 2) 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 4-191 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"; SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-191\ROI 1994 EST.docx Page 1 of 3 03/06/19 CC C i 181 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. SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-191\ROI 1994 EST.docx Page 2 of 3 03/06/19 CC AGENDA PACKET PG 182 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 JULIE DRIMAKIS, CMC 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 LIN RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-191\110I 1994 EST.docx Page 3 of 3 3/06/19 CC AGENDA PACKET PG 183 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-191 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2443 Oak Street 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 SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-191\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 2018-2019 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 SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-191\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 4-191 An area located in Section 26, Township 29, Range 27 M.D.B. & M., more particularly described as follows: SPR 17-0428 2443 Oak St Bakersfield California Containing: 0.73 Acres, more or less. I *AV : I 1 1.1111 W-11 ...... . .. ..... . V ON.- I ho EXHIBIT'Bw I 03106119 CC AGENDA PACKET PG 187 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 4-191 Said assessment is made in accordance with the benefit formula attached hereto. 2018-2019 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. 332-222-39-00-2 Total Date: MAINTENANCE DISTRICT AREA 4-191 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Total amount to be collected for FY (2018-2019) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *:/:Il1.1ki4 ABLE – Oak, LLC, 1925 G Street, Bakersfield, CA 93301 Attn: Mark Alexander December 20, 2018 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 We, the undersigned, as owners of the property included within Parcel Map No. 3493 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 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 1 20 —at 5,15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, 1�7 _A:1 6z` -- Mark Alexander ABLE – Oak, LLC. Manager Member RESOLUTION OF INTENTION NO. 1995 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-192 (1705 BAKER STREET) 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 2) 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 4-192 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"; SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-192\R0I 1995 EST.docx Page 1 of 3 03/06/19 CC AGENDA PACKET PG 192 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. SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-192\R0I 1995 EST.docx Page 2 of 3 03/06/19 CC AGENDA PACKET PG 193 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 JULIE DRIMAKIS, CMC 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 LIN RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-192\110I 1995 EST.docx Page 3 of 3 3/06/19 CC AGENDA PACKET PG 194 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-192 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1705 Baker Street 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 SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-192\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 2018-2019 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 SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-192\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 4-192 An area located in Section 20, Township 29, Range 28 M.D.B. & M., more particularly described as follows: CUP 18-0357 1705 Baker St. Bakersfield California Containing: 0.16 Acres, more or less. I *AV : I 1 1.1111 W-11 a 8r, EXHIBIT'Bw I 03106119CCAGENDAPACKETPG 1-q;, 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 as MAINTENANCE DISTRICT AREA 4-192 Said assessment is made in accordance with the benefit formula attached hereto. 2018-2019 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. 013-130-13-00-0 Total Date: MAINTENANCE DISTRICT AREA 4-192 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Total amount to be collected for FY (2018-2019) $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 Miguel Navarro City Of Bakersfield — Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of 1705 Baker St in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included at 1705 Baker St 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 as required by the City to cover the cost 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 wiII 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___ 0 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301, We hereby waive our right to further notice of that hearing. Respectfully, 4 pavcxrf-o Miguel Navarro RESOLUTION OF INTENTION NO. 1996 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-193 (1836 ORANGE STREET) 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 2) 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 4-193 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"; SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-193\R0I 1996 EST.docx Page 1 of 3 03/06/19 CC AGENDA PACKET PG 203 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. SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-193\R0I 1996 EST.docx Page 2 of 3 03/06/19 CC AGENDA PACKET PG 204 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 JULIE DRIMAKIS, CMC 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 LIN RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-193\110I 1996 EST.docx Page 3 of 3 3/06/19 CC AGENDA PACKET PG 205 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-193 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1836 Orange Street 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 SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-193\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 2018-2019 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 SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-193\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 4-193 An area located in Section 36, Township 29, Range 27 M.D.B. & M., more particularly described as follows: 1836 Orange Str Bakersfield California Containing: 0.13 Acres, more or less. I *AV : I 1 1.1111 W-11 F"WER''FAMA ORMM ST EXHIBIT'Bw I 03106119 CC AGENDA PACKET PG 205 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 4-193 Said assessment is made in accordance with the benefit formula attached hereto. 2018-2019 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. 007-170-11-00-1 Total Date: MAINTENANCE DISTRICT AREA 4-193 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Total amount to be collected for FY (2018-2019) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *:/:Il1.1ki4 O�LIV I E R1 =01=11 In, URVIOUM January 25, 2019 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 We, the undersigned, as owners of the property included within Parcel Map No. 001- 310-05-1 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 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 P 210 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing, Respectfully, Anthony Olivieri President, Olivieri Commercial Group RESOLUTION OF INTENTION NO. 1997 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-194 (3130 24TH STREET) 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 2) 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 4-194 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"; SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-194\R0I 1997 EST.docx Page 1 of 3 03/06/19 CC AGENDA PACKET PG 214 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. SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-194\R0I 1997 EST.docx Page 2 of 3 03/06/19 CC AGENDA PACKET PG 215 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 JULIE DRIMAKIS, CMC 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 LIN RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-194\110I 1997 EST.docx Page 3 of 3 3/06/19 CC AGENDA PACKET PG 216 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-194 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 3130 241h Street 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 SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-194\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 2018-2019 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 SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-194\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 4-194 An area located in Section 25, Township 29, Range 27 M.D.B. & M., more particularly described as follows: 3130 24th Street Bakersfield California Containing: 0.52 Acres, more or less. I *AV : I 1 1.1111 W-11 I/ z 1-11 7 EXHIBIT'Bw I 03106119 CC AGENDA PACKET PG 22# 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 4-194 Said assessment is made in accordance with the benefit formula attached hereto. 2018-2019 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. 001-310-05-002 Total Date: MAINTENANCE DISTRICT AREA 4-194 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Total amount to be collected for FY (2018-2019) $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 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakeirsfi0d, California 93301 RE* Site Plan, Review 18-0166 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Parcel Map No. 001- 310-05-1 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 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 210 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 9330I . We hereby waive our right to further notice of that hearing. RespectfuHy, Anthony Olivieri President, Olivieri Commercial Group ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Agreements j. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DAT E: 1/24/2019 WARD: Ward 6 SUBJECT: Sale of Surplus Property at 3531 Adanac Ct. in the amount of $15,000. STAFF RECOMMENDATION: Staff recommends approval of sale agreement. BACKGROUND: The parcel at 3531 Adanac Court is a former sump, which has been abandoned and vacant for over 25 years. On February 9, 1994 the property was declared surplus and the Finance Director was authorized to negotiate the sale by City Council. Since that time, several City departments have been responsible for providing periodic maintenance to ensure the property remains free of weeds and unlawful dumping. The property is zoned R-1 and is located in a fully developed neighborhood off of White Lane and Wible Road. The neighborhood itself is made up of 1200 — 1500 sq.ft. homes built in the 1970's. The neighborhood is currently a mix of homes in different stages of care and maintenance. The lot size of approximately 13,000 square feet would normally be highly desirable for a residential home. However, this lot is very shallow and setback requirements significantly restrict the size and position of any future home on the property. Additionally, the property was originally developed as a sump and the City did not compact the lot for a building when it abandoned the sump in 1994. As such, a prospective purchaser, prior to building on the lot, may be subject to more extensive and expensive soil testing and compaction than would be required of a purchaser of a typical residential lot. Lastly, due to the prior use of this lot there were likely no utility laterals put in place to this lot and any buyer will potentially have to bring utilities a farther distance than a normal residential lot on the market today. Property management did obtain an appraisal on the property in 2014. At that time the appraisal came in at $58,000. However, the appraisal did not take into account the costs of additional testing and compaction due to the prior use, the added expense of running utilities and the building restrictions due to the depth of the lot. Vf f L [,Ylj M Eq MA , The City received a cash offer to purchase the property for $15,000. The Buyer is aware of the conditions and i8willing tOpurchase the property "AS |S" There are nOother vacant lot sales in the i0O0OHdi8tH area 88 this area is CO0Op|HtH|V built out. After reviewing current CO0Op8r8b|H lot 88|H8 in other 8rH88 and taking into consideration the added CO8t8 and restrictions 888OCi8tHd with building On this lot, Property Management rHCO0O0OHnd8 the offer be accepted. This VVOU|d p|8CH the property back onto the tax rO||8, which in tU0O generates inCO0OH, stops the ongoing 0O8intHn8nCH CO8t8 bVCity departments, helps i0OprOVH the neighborhood 8ppH8r8nCH and adds proceeds back tOthe City. ATTACHMENTS: Description O /kgnaemeint D map Type /kgreemeint BaohupMa0eha| • THIS AGREEMENT is made and entered into on ................. by and between the CITY OF BAKERSFIELD, a municipal corporation an I California charter city (herein "SELLER"), and REGAN WALKER, A SINGLE WOMA (herein "BUYER"). 11 WHEREAS, SELLER holds fee title to certain real property located AT 3531 Adanac Court in the City of Bakersfield, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference ("The Property"); and WHEREAS, the Planning Commission of the City of Bakersfield has fount' the sale of The Property to be consistent with the City's General Plan; and 141AEREAS, SELLER has declared The Property as surplus to the needs of fh,.-I City of Bakersfield and authorized its sale; and WHEREAS, it is the intent of the parties to set forth all the covenants ana.* conditions for the sale by SELLER and the purchase by BUYER of The Property. j NOW, THEREFORE, incorporating the above recitals herein, SELLER and 1WUYER mutually agree as follows: I . AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell anal BUYER agrees to purchase The Property in accordance with all of the covenan and conditions set forth in this Agreement. I 2. PURCHASE PRICE. BUYER shall pay to SELLER the sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) payable in cash, as hereinafter provided. BUYER has deposited ONE THOUSAND DOLLARS ($ 1,000.00) with Escrow as an earnest money deposit. Said deposit shall be credited towards the sales price at close of escrow. C ontractToSel I Real Property -=Z 4•. 't IN40 4 MUEEME�� HMMR�� 3.1 Escrow Holder. The purchase and sale of The Property sh• be consummated by means of an escrow to be opened at the office FIRST AMERICAN TITLE (herein "Escrow Holder") located at 5060 Californi Avenue., 4fh Floor Bakersfield, CA 93309. 3.2 Escrow Instructions. Within ten (10) working days of executicil of this Agreement by all parties, each shall deliver to Escrow Hold -41 appropriately executed escrow instructions or file a written protest detailin what instructions are not acceptable. This Agreement shall serve as the partie instructions to the Escrow Holder and shall become part of the escro instructions for consummation of the purchase and sale of The Pr••- • • peand BUYER agree to execute such additional and supplementary instructions• may be appropriate or required by Escrow Holder to comply with the terms• this Agreement; provided, however, that in the event of any conflict betwee this Agreement and any additional or supplementary escrow instructions, th terms of this Agreement shall control, unless the parties jointly agree to th contrary. Said escrow instructions are incorporated herein by this r--- • • ee and SELLER shall each pay 1/2 escro costs including, but not limited to: recording fees, documentary transfer taxe *nd the escrow fees. SELLER shall be responsible for owners title insurance 1 -eal property taxes and assessments accruing up to the close of escrow and th cost, if any, to clear title to The Property. 1 Le•Loi , 12 X0J E7.4 A-7 LWI q I I Lo J N K*J M I I I IN 3 4, 111 -, a I IM I I K•141014J 4.1 SELLER shall obtain a preliminary title report, herein "PTR", concerning The Property, issued by FIRST AMERICAN TITLE COMPANY, together with copies of reproducible documents referred to in such PTR, if any. 4.2 SELLER shall provide BUYER copies of all currently effective unrecorded tenant leases, licenses or other agreements, if any, relating to The Property. 4.3 BUYER shall deliver to Escrow Holder its written approval or disapproval of any exceptions to the title within ten (10) working days after BUYER's receipt thereof. In the event such written approval or disapproval is not received by Escrow Holder on or before the date due, it shall be presumed BUYER has approved each of said exceptions. If, after receipt of disapproval o'] any exceptions to the title, SELLER does not elect to cure all of said exceptions, Contract-roSel I Rea I Property PASURPLUS\3531 Adanac\adanac ct contract.doc Updated — February 3, 2010 -- Page 2 of 9 Pages -- then BUYER shall have the right either to accept title to The Property subject to said exceptions, thereby waiving any and all claims against SELLER by reason thereof, or to terminate this Agreement. BUYER shall give SELLER such written notice of BUYER's election within the ten (10) working days otter receipt of SELLER's election not to cure. If BUYER elects to terminate this Agreement, thereafter neither SELLER nor BUYER shall have any further liability hereunder, except that BUYER shall be entitled to the prompt return of all funds deposited by BUYER with Escrow Holder, less reasonable escrow cancellation fees and costs and title company charges which BUYER hereby agrees to pay. 5. CLOSING DATE. Escrow shall close on or before March 29, 2019, unless extended by mutual written agreement of all parties. 6. CONVEYANCE OF TITLE. SELLER agrees to convey to BUYER fe r simple title to The Property, subject only to the permitted exceptions as set fo ' in the title policy or elsewhere in this Agreement. On or before close of escro SELLER shall execute a Grant Deed which conveys fee simple title to Th Property to BUYER and shall deliver same to Escrow Holder. A copy of the for of said I deed is attached hereto as Exhibit "B" and incorporated herein reference. 7.1 BUYER is purchasing the Property upon their personal nspection, without any representations or warranties either expressed or implied *nd accepts said property in its present "AS IS" condition. 7.2 BUYER acknowledges the Property does NOT have utilitiE�y,. installed at the Property line. BUYER accepts all responsibility and cost to exfen any/all utilities as deemed necessary to the Property. I 7.3 BUYER acknowledges the Property was originally used as drainage basin and was not compacted when abandoned. BUYER accepts responsibility as to any/all requirements including but not limited to testing compacting which will be necessary to prepare the Property for building. I 7.4 BUYER acknowledges Seller is not making any representations or warranties either expressed or implied as to type, size or location requirements of any structure BUYER intends to place on the Property. It is buyer's sole responsibility to obtain the proper permits required from the appropriate agencies prior to construction of any structure on the Property. 7.5 BUYER acknowledges SELLER is in the process of creating an accurate legal description depicting the parcel being sold. The current UontractToSel I Real Property 10 00 100 MW Oft available legal description does not reflect the current position of Adanac Cou and York Way. Once completed BUYER authorizes Escrow and/or SELLER substitute the new legal description with the one currently attached as Exhi 8. NO WAIVER OF DEFAULT. The failure of any party to enforce again another party any provision of this Agreement shall not constitute a waiver that party's right to enforce such a provision at a later time, and shall not sery to vary the terms of this Agreement. t] 9. BINDING EFFECT. The rights and obligations of this Agreement sh inure to the benefit of, and be binding upon, the parties to the contract an I their heirs, administrators, executors, personal representatives, successors an assigns. 11 10. GOVERNING LAW. The laws of the State of California will goverr the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, Cwlifor,i,i#. 12. MERGER AND MODIFICATION. This Agreement sets forth the entirm- agreement between the parties, and supersedes all other oral or wrift representaf ions. This Agreement may be modified only in a writing approved the City Council and signed by all the parties. I 13. CORPORATE AUTHORITY. Each individual signing this Agree7endto behalf of entities represent and warrant that they are, respective Y, u truthorized to sign on behalf of the entities and to bind the entities fully to eac wnd all of the obligations set forth in this Agreement. 14. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 15. EXHIBITS. in the event of a conflict between the term conditions, or specifications set forth in this Agreement and those in exhibi attached hereto, the terms, conditions, or specifications set forth in t Agreement shall prevail. All exhibits to which reference is made in t Agreement are incorporated, whether or not actually attached. I ContractToSel I Real Property Mly W4 OTO F -H Atilt mm��� 16. ASSIGNMENT. Neither this Agreement nor any rights, interes duties, liabilities, obligations or responsibilities arising out of, concerning related in any way to this Agreement (including, but not limited to, accoun actions, causes of action, claims, damages, demands, liabilities, losse obligations, or reckonings of any kind or nature whatsoever, for compensatory exemplary and punitive damages, or declaratory, equitable or injunctive reli t whether based on contract, equity, tort or other theories of recovery provide'.i for by the common or statutory law) may be assigned or transferred by a party. Any such assignment is prohibited, and shall be unenforceable an# otherwise null and void without the need for further action by the non-assignin* party or parties. 17. NOTICES. All notices relative to this Agreement shall be given writing and shall be served or sent by certified or registered mail and shall effective upon actual personal service or depositing in the United States m The parties shall be addressed as follows, or at any other address designated notice: To SELLER: CITY OF BAKERSFIELD 1600 Truxtun Avenue Bakersfield, California 93301 Attention: Renee Williams To BUYER: Regan Walker 8000 Hampshire Ct Bakersfield, CA 93311 Either party may change its address for notice by delivering written notice to the other party as provided herein. 18. 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. 19. BROKERS AND FINDERS. The parties acknowledge and represe that SELLER shall pay no commission to any broker or finder in connection wi the purchase and sale of The Property. 20. HAZARDOUS MATERIALS. SELLER is transferring property AS IS. SELL knows of no hazardous materials upon the property. BUYER has the right of ent during escrow to examine The Property to determine the existence of hazardo materials. Should hazardous materials be found on The Property, BUYER m �] c either accept the full responsibility and costs of clean-up or cancel the escro C ontractToSel I Real Property PASURPLUS\3531 Adanac\adanac ct contract doc Updated — February 3, 2010 -- Page 5 of 9 Pages -- Once escrow closes, BUYER takes the property AS IS and assumes all responsibility • • liability for• •i•• • • of • found on Property • • but • "• to, `• • costs. 21. WATERAND MINERALotherwise agreed conveyance of Property ••` not •e the water and/or miner• • ditches, appropriations, fr• privileges• • easements on, • `• with, or usually had and enjoyed in connection with The Property. 22. LIQUIDA7ED DAMAGES. THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLEOR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT,DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYERFAILS O PERFORM r OBLIGATIONS UND■ AGREEMENT. THEREFORE, INTEREST,IF BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($ 5,000.00) PLUS . ■ r ■O r . . D O r i r `LL BE RELEASED ` ■O ANY FURTHER LIABILITY ■r O SELLER,EXCEPT ESCROW CANCELLATION FEES AND ANY OTHER FEES SET OUT IN THIS AGREEMENT WHICH BUYER r Y AGREES TO PAY. SELLER's initials BUYER's initials 23. TAX EFFECT. None of the parties (nor such parties' counsel accountants) h• ••• or • • in this Agreement any -• - • • • • • •• • party's• • accountants) • • • of * • • • • e• •• •transactionsprovided • Agreement.in this • •• represents • ♦ obtained, • • •• • independent tax advice with respect thereto and upon which it, if so obtaine •s solely relied. IN WITNESS WHEREOF, the parties hereto have caused this Agreement t* be executed, the day and year first -above written. •, • ` • • • ; • r•• C&: tractToSellRealProperty P:ASURPLUS\3531 Adanac\adanac ct contract.doc Updated - February 3, 2010 -- Page 6 of 9 Pages -- m KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 0 ANDREW HEGLUND la .1ICK FIDLER m L I BIA= -- -16, 1d1fiL*1mM7-Awj 0 ContractToSell Real Property Updated — February 3, 2010 ma=«> < ! f=«>< A L /1A 11F JL Attachments:Exhibit "A" - 1:::Iropeily Description Exhibit ""B'" ...... Grant Deed Fbi'm Lot 25 of Tract No. 3950, in the City of Bakersfield, County of Kern, State of California, as per Map recorded October 31, 1977 in Book 27, Page 123 of Maps, in the Office of the County Recorder of said County. Excepting that area along the northerly boundary lying in Adanac Court and York Way. Excepting therefrom all oil, gas and other Hydro Carbon Substances, as previously reserved of record. ContractToSel I Real Property 949M% 6 &WQ 944 -, 4&S 1 A 5,.*&* 1, .. Updated —February 3, 2010 ma��� Regan Walker SPACE ABOVE THIS LINE FOR RECORDER'S U) —X— Computed on the consideration or value of property conveyed; Computed on the consideration or value less encumbrance remaining at time of sale. Grantee is Exempt Gov't Agency (Gov't Code Sec. 27383) FOR A VALUABLE CONSIDERATION, receipt of which is whereby acknowledged, City of Bakersfiel a municipal corporation and California Charter City, "Grantor" hereby grants and conveys to Reg Walker, a single woman "Grantee", all of Grantor's right, title and interest in and to that real property the City of Bakersfield, County of Kern, State of California more particularly described as: I Legal Description attached hereto and made apart hereof eoEXHIBIT �" Dated: January |7.20|9 City of Bakersfield document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF } On before me. Notary Pub|ic, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed tothe within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the permon(e) acted, executed the instrument. | certify under PENALTY (}FPERJURY under the laws ofthe State OfCalifornia that the foregoing paragraph ie true and correct. WITNESS myhand and official seal, Signature Updated —February 3, 2010 �e �; ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent—Agreements k. TO: Honorable Mayor and City Council FROM: Gregory Pronovost, Technology Services Director DAT E: 1/29/2019 VITI-11 N SUBJECT: Agreement with Nearmap US I nc. (not to exceed $5,000), for trial subscription service of aerial imagery. STAFF RECOMMENDATION: Staff recommends approval. BACKGROUND: The Technology Services division is evaluating a subscription based service for aerial imagery (Nearmap US I nc.) to be utilized internally by city departments. Aerial imagery as a service is preferred over existing "free to use" online resources as the imagery provided by a subscription service can be utilized within the City's mapping system. In addition, all the images are taken during the same time period (with online imagery resources, sections of the City could have photos taken years apart, which is not suitable for the majority of the City's needs). Previously, Technology Services partnered with Kern County Mosquito Abatement (for cost sharing purposes) to have a service take aerial photographs and provide the processed imagery every four or five years at a cost to the City in the amount of $40,000. The quality of the imagery provided and the time between updates (due to costs) became unsuitable for public safety and community development needs. The proposed subscription based service will have imagery updated annually, at a higher quality and resolution and at a lower cost. Nearmap is providing the City a five -month -trial -service at a discounted cost of $5,000. The terms associated with the agreement requires the City to indemnify Nearmap as provided in more detail in the agreement, therefore it is before the City Council for approval. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint Vf f [,Ilfflj Le MA ,L ..0�� r d���", 0 ,"°®oar 6 current: clearnea�r: ctt0'n e NEW SUBSCRIPTION QUOTE Nearmap US Inc. 10897 South River Front Parkway, Suite 150 South Jordan, UT 84095 USA Phone: +1 (801) 609 7250 Customer Name City of Bakersfield Quote Number 0037103 Type New Subscription Quote Expiry 03/29/2019 Contract Commencement Contract commences upon Contract Term 5 Months signing of quote. Subscription Start Date 02/20/2019 Sales Rep Regan Bushnell Sales Rep Email regan.bushnell@nearmap.com Auto Renew No Payment Term Net 30 Bill To City of Bakersfield Ship To City of Bakersfield Katie Reed Katie Reed 1600 Truxtun Avenue, 1600 Truxtun Avenue, Bakersfield, California, 93301 Bakersfield, California, 93301 (661)326-3439 (661)326-3439 kereed@bakersfieldcity.us kereed@bakersfieldcity.us PRODUCT ANNUALIZED ESTIMATED COVERAGE SEATS TOTAL USAGE Nearmap Vertical for 50 GB Nationwide Unlimited $12,166.67 Government Subtotal $5,000.00 Estimated Tax $0.00 Total USD $5,000.00 ACCEPTANCE OF Q037103 By selecting "Yes" or signing below, you acknowledge that (a) you have read, understood and agree to the Products Agreement and Product -Specific Terms which can be found at http://go.nearmap.com/legal/us-agreements-page, (b) you have the authority to agree to this New Subscription Quote and (c) you agree to pay the fees set forth herein. This New Subscription Quote constitutes a binding commitment for the Contract Term stated above. You acknowledge that the Coverage Area by Nearmap is outlined at https://go.nearmap.com/current- aerial-maps. Signature / Digital Acceptance: Date: Full Name: Position: PO Number (if required): If printed, please sign, scan and email to: orders. usanearmap.com 1 3/®6/19 CC AGENDA PACKET PG 238 Schedule 1 Additional Terms and Conditions 1)roposed Nearniap Now Survey for nearmap", City of Bakersfield, CA . ......... ........ Legend . .......... ............ . . CA 4, Customer A01 �1� .. ........ Planned survey region ..... ..... .... .. Planned published area .... . . . ........ Z MW Nearmap standard coverage 63 q yE ........... . A Ir, Ic 10 km . . .. . . ............ ...................................................................................................................................................................................................................................................................................................... Area of Interest (A01) Details Customer Name: City of Bakersfield, CA Customer AOI File: Bakersf ieldCityLim its. kmz Analysis run by: M.Alaupovic, Survey Operations Analysis date: 2018 - 12 - 03 Customer requested area (AOI): 159 mi' Additional Survey Area Required: 67 Mi2 rechnical F)roduct Offering GSD: High resolution 6 — 10 cm. Accuracy: Nearmap standard (better than 75cm RMSE horizontal accuracy). Captures: One per contract, unless otherwise agreed. Timing: To be captured as part of next scheduled capture of adjacent Nearmap coverage area. Subscription: Required. Offer includes: Vertical and Oblique View Offer does not include: 3D, LiDAR/elevation data, infrared, video, ground control. 03106119 CC AGENDA PACKET PIS 240 "I 'en -ns and C anditions licdt)le to Neannal) ifior Government products SecitJor'i 1 3 of the agreerrier"it does not appy to Ns and any a),ito rer"Iewal Of te Agreement wQKHoe by rnutuakegreenient between ll e pates 2 Sec, itJor'i I ("i of the agreerrient does not appy to Ns License &ADefintons of "Periodl [Date Mowence" and "Excess, l)aita Iaite" ir"i the agreerrier'iit do not appy to Uts License 4—The Psensee agrees that the rg�,"'it to � ),�,.,,e the I'rod� only to be ),�,.,,ed, solely by the Licensee and at aH Urnes exdudes maing the avaiia�oie lei any rriedi� ), rri o i, manner Onduding lout not tilt Ited to sharing or using the i (as defir"ied ir"I the ro d t.;l'r� Agreerrier'iit)) a an I OWer ber government indudIng but not RmIted to and b anyo(/.:,zl �govenirnENQS, lMu ding lout not RmIted to courry, pariAl &Q, or tOWI"'I arid/oIr C arlyi�gl"',ejr itJeIr ir'i(,',Jk d i "I c, )'t iloit irr-flited to co� ),ir"iity, pajrjs, or agency 5—Annual Actual Usage i Ieajrrr-iaj,,,,a ),Ires data),4,.,,a�ge by the i k/.:,,er"i:,,,ee i,",i d e Ir it i i as fOHOWS',: a the data allowance used by the Licensee SH be ),laited at the end of the "eIrnri (Or RenewaVerrij, based on the total data i ),sage of aH users �M""("), and e tl ic;; I i e i,",i e e i learnap account during te"Term (ar RenewakKern) (Annual Actual Usaget and b lI the lh,er"i:,ee eiecit�,,.,, to eveMe to the i k/.:,,er"i�,,,ee on the VVesite or tIr f -j- he �:I'roduct through aMer dehvery rneUio,.W, r,riade avaiia��oie by i I e a rri a jr(,,,, ) I tJrrie to tJrrie, U,"'!s wQKHoe appied to the Ar'ir'ivaKAcWaKWsage.7he LRmnsee may have the opt on to elect to resdubon hmage& [DownbadIng these hmages wKi lead to a lMgher AnnuakActuakWsage than downloading a IOWeIr resok ), it i o "I 11ii age. 6—lienewal if the Agreement Is renewed by rnuWaKqgjreerrier'iit between the the pates wKKA good f5di dW,ithe aj,,,,rq,,,rrophate Mivaiized E�,,.,,itJrriaited IJ�,.,,age of the RenewakKerrn based on the Wensee's usage pattErn and/or the PwnnuaKAcWaKWsage during the current Te"n 7.—Tqe Qmnsee is not peuntized to a i ),:,.,,e acc.,e:,.*,:,.*, to the VVeL),i„,,iite or the I'imducts under AgIreerrier"iit for the of c1reaitJr,icp a database of Un ales for resaie, Ile i,",i e 0I t leIr 'r -I "r -I e jr(” puToses (urdess expasAy pe"Mized under the Agreemer'it) and ), i fc,e4p4,, of a i,",i y i rri a �g e Iry � b �ire fel,(,J,°", Irebrieve, (.',z(.',d,"'e, 11 idex, ojr :;l,(-,)'jre aiI of J. of l1,,"e )j()d W i l' "'l 1-1-1 a y 0 1 e„ x e o i,i e I i,",i c e i,",i e e e hrrfll,ed arrim of sddo U,"'e of U,"'e a(.',x.-,lle,,.',,,.', lo U,"'e c,)d d ),e Eo r'iebA/Ojrk I a,eir'lc,-y, ar"Id or” fly if U,"e doe�,.*, a,*,o '�'jrj�y' Ire � y, ar"id ir"i a "riar"ir"ieI l ',�ft doe:, ':�ejrnrfll, s, e of U,"'e m of U,"'e dm,.', )dae olr ojr y o ii e i,i ,jgi,e('Jm,e ari of U,e :)jr(",)d ar"id dm',', ,','Yjreveir'i�, leajrrr-jaj,,','�' Ady I "I C" c e a i,",i d 4 foe i,",i o l rri o4 I f y a I j I ") I I""I I""I Y ill f y', gal fd C jrevieW, ar"id dal ��,��,°;,��:�d,"'e (',r4 of "I "I'll" ,, k I i,",i e I I i,",i),de�,', (,','jreaboir'i of aiI r'ieW I (",), d ��.),y U,"'e I f 0 1 (" , - - " � ) I d "ejr 8 1' c) r Ii e r o e o f I I e a nri a c e vI, ri i, i, i e ri nri a Cc,'�iilteiilt rriade avaHa.fle to ll we I I eir'i:,ee ire U,"'e .al "id ll Ma,, ar"Id b AiiliiluaflI:z,ed Usage d,"'e ':a,ejrnrfllted),;,.',e of dal,a ir"i U,"'e I IeW C),,u,,),o,e (Olr C),,�),o,e ar"id Lay ll ie folrU,"'Ie of or"ie f1) yealr U,"'e Dal,e PLEASE READ THIS PRODUCTS AGREEMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR EXECUTING A QUOTE, YOU AGREE TO BE BOUND BY THIS PRODUCTS AGREEMENT, THE QUOTE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE, YOU MUST NOT ACCEPT THIS PRODUCTS AGREEMENT AND NOT USE ANY NEARMAP PRODUCTS AND SERVICES. PRODUCTS AGREEMENT Recitals A. Nearmap is a provider of aerial photography and associated products and services. B. Nearmap agrees to supply the Licensee with the Products described in the Quote, subject to the terms of this agreement and the Schedules, which together make up the legal agreement between the Licensee and Nearmap (Agreement). Definitions of capitalized words are set out in section 18 of the Agreement. GRANT OF LICENSE TO USE PRODUCTS 1.1 Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable license for the Term to use the Products in the Coverage Area for the Permitted Purpose (License). 1.2 Authorized Users The Products available under this License are only to be used by the total number of Authorized Users. The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Authorized Users. If you exceed the total number of Authorized Users, you will be in breach of this Agreement. 1.3 Renewal Upon the expiration of the initial Term, this Agreement subject to any amendments to this Agreement required by Nearmap, shall be renewed automatically for successive renewal terms of twelve (12) months each (each a Renewal Term) unless terminated by either party by providing at least 30 days' written notice of its intention not to renew this Agreement prior to the expiry of the initial Term or any current Renewal Term. The Licensee will receive notice of any pricing changes or changes to the terms of this Agreement prior to the commencement of each Renewal Term. If Auto Renew is marked "No" in the Quote, this section 1.3 is not applicable to the Licensee. 1.4 Replacement Product Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement Product from date of delivery from Nearmap. 1.5 Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee use, copy, modify or distribute. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. 1.6 Periodic Data Allowance Nearmap measures data usage by the Licensee under this License. In using the Products, the Licensee's consumption of data in the Period must not exceed the Periodic Data Allowance. The following conditions apply to the Licensee's Periodic Data Allowance: (a) the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data usage of all users who access and use the Licensee's Nearmap account during that Period; (b) if the Licensee elects to download Products available to the Licensee on the Website, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will use a higher portion of the Periodic Data Allowance than downloading a lower resolution image; (c) if the amount of data consumed by the Licensee in any given Period is less than the Periodic Data Allowance, the balance will not be rolled over to a following Period; (d) the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption in excess of the Periodic Data Allowance; (e) Nearmap will provide notice to the Licensee if it exceeds its Periodic Data Allowance for any Period; and (f) if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: (i) restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or (ii) immediately cease the Licensee's access to the Products for the remainder of the Period. 1.7 Unavailability Subject to section 12, if a Product is not available for a period of 3 consecutive days the Term will be extended by the period of unavailability. 2. RESTRICTIONS ON RIGHT TO USE PRODUCTS 2.1 Permitted Purpose The Products must only be used for the Permitted Purpose. 2.2 No right to distribute, transfer, resell, assign or sublicense This License is granted only to the Licensee. The Licensee must not distribute, transfer, resell, assign, rent, lease or sublicense any Product or any of the Licensee's rights under this License without Nearmap's prior written consent. 2.3 No third party access Unless otherwise provided in this Agreement, the Licensee must not make any Product available in any medium or manner to any third party (including the Licensee's subsidiaries and affiliates). Nearmap US, Inc. Version: 29 May 2018 2.4 Employees The Licensee may make Products available to any employee, subject to that person complying with the terms of the Agreement as if they were a party to it and the total number of Authorized Users has not been exceeded. The Licensee is responsible and liable for any Authorized User who uses the Licensee's account access details or uses Products made available to the Licensee in breach of this Agreement, including, without limitation, for any additional fees that become payable if the Licensee exceeds the number of Authorized Users. 2.5 No machine learning The Licensee must not conduct machine learning work which includes but is not limited to any: (a) machine learning models (including the model form and model parameters); (b) outputs of machine learning models; (c) software that processes or transforms input data for training a machine learning model or getting a prediction from a machine learning model into a format suitable for training or making such prediction; or (d) software used to train a machine learning model or compute outputs of a machine learning model for a given set of input data. 2.6 No caching and creation of database Except as expressly permitted under this Agreement, the Licensee is not permitted to: (a) use its access to the Products under this Agreement for the purposes of creating a database of imageries for resale, distribution, sub -license or other commercial purposes and mass downloads or bulk feeds of any imagery; and (b) pre -fetch, retrieve, cache, index, or store any Content or portion of the Products. 2.7 Limits on use of Website In the Licensee's use of the Website, the Licensee must not (without the prior written consent of Nearmap): (a) provide a link to another URL; (b) upload content or other information to the Website; (c) do anything to damage, interfere or disrupt access to the Website or do anything which might impair its functionality; (d) use the Website in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse of either; (e) publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable or confidential material or information; (f) make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses', "worms' or any other harmful software; (g) remove any content or information from the Website, other than that permitted under the terms of this License; (h) falsify the true ownership of a Product or other material or information made available via the Website; (i) obtain or attempt to obtain unauthorized access, through whatever means, to the Website; Q) use the Website other than in accordance with the Agreement; (k) attempt any of the above acts or engage, encourage or permit another person to do any of the above acts; or (1) provide or allow access which exceeds the total number of Authorized Users in connection with use of the Product. 2.8 Breach If the Licensee breaches any of sections 2.1 to 2.5 inclusive, Nearmap reserves its rights to terminate the Agreement in accordance with section 6.2, restrict the Licensee's access to the Products and/or take any other steps available to it at law. 3. THE LICENSEE'S ACCESS TO PRODUCTS AND SERVICES 3.1 Any password/ID issued by Nearmap to an Authorized User is personal and confidential to that Authorized User. If Nearmap suspects that any password/ID is being used by an unauthorized user, by a different Authorized User to the person whom it was issued to or the number of Authorized Users has been exceeded, Nearmap may: (a) cancel that password/ID; (b) restrict the Licensee's access to the Product including but not limited to low resolution imagery for the remainder of the month; (c) immediately cease the Licensee's access to the Product; (d) require the Licensee to pay for any additional charges in accordance with Nearmap's then current price list for the applicable Product, in respect of any such unauthorized use; and/or (e) exercise any other right available to Nearmap under the terms of this Agreement. 3.2 Downtime Nearmap will use reasonable efforts to ensure that the Website remains available but cannot guarantee that this will be the case at all times. Nearmap agrees that, wherever possible, all planned maintenance will be done out of normal Operational Hours to ensure optimal uptime of the Website. When Nearmap becomes aware of any Fault, Nearmap will use reasonable efforts to: (a) allocate such resources as may be necessary to remedy the Fault; and (b) otherwise take all reasonable steps to remedy the Fault so as to minimize any disruption to the Licensee's use of the Products. 3.3 Expiry The Licensee's License will expire at the end of the Term unless renewed in accordance with section 1.3 and may be suspended or terminated in accordance with section 6.2 if the Licensee is in breach of this Agreement. 3.4 Unauthorized Use Licensee shall take reasonable steps to prevent unauthorized access to the License, including without limitation protect its passwords and other log -in information. The Licensee shall notify Nearmap immediately of any known or suspected unauthorized use of the License or breach of its security and shall use best efforts to stop said breach. 3.5 Audit During the Term of this Agreement and for two (2) years after termination or expiry of this Agreement, the Licensee shall maintain accurate and complete records regarding its use of the Products and the Licensee shall permit Nearmap (or its auditors) access to the business location(s), books and records, employees and/or contractors pertaining to the Licensee's use of the Products. Nearmap will give at least thirty (30) days prior written notice of an audit and will not conduct an audit more than once per calendar year unless non-compliance findings are noted and in which case the audit period can be expanded. 3.6 Audit Findings If an audit results in findings of non-compliance, Nearmap may, at its discretion (a) invoice any additional license fees due based on the standard Nearmap Fees in place at the time of the original license grant, (b) recover the reasonable cost of the audit if additional Fees exceed five (5) per cent of the Fees paid during the audit period and (c) terminate this Agreement in accordance with section 6.2. Licensee must pay all invoices issued under this section within thirty (30) days following the date of invoice. 4. FEES 4.1 Fees The Fees payable by the Licensee are set out in the Quote. 4.2 Payment The Fees are payable by the Licensee to Nearmap in the manner and by the due date as set out in the Quote at the beginning of each Term unless otherwise agreed by Nearmap. 4.3 No cancellation Subject to section 4.4, all Fees are non -cancellable and non- refundable except as expressly set out in the Agreement. 4.4 Refund of Fees If the Licensee is not in breach of the Agreement, and Nearmap elects to terminate the Agreement under section 6.3, Nearmap will refund the Licensee any pre -paid fees relating to the portion of Term remaining as at the date of termination. 4.5 Taxes Unless otherwise stated, Fees and Late Payment Fee do not include any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, excise, use or withholding taxes (collectively, "Taxes"). Licensee is responsible for paying all Taxes except those assessable against Nearmap based on its income. Nearmap will invoice Licensee for such Taxes if Nearmap believes it has a legal obligation to do so and Licensee agrees to pay such Taxes if so invoiced. 4.6 Late Payment If a scheduled Fee payment is not made in full for any reason, the Licensee gives Nearmap permission to charge a Late Payment Fee and/or immediately limit or terminate access to the Products provided under this License. 4.7 Acceleration In the event of the Licensee failing to pay Nearmap the Fees in full in accordance with the terms of this Agreement, all Fees (whether accrued or not) will become immediately due and payable. 4.8 Amendments Fees at the end of the Term may only be increased subject to Nearmap and the Licensee agreeing in writing. 5. THE LICENSEE'S WARRANTIES 5.1 Warranty The Licensee warrants that: (a) any information the Licensee supplies to Nearmap in respect of the Agreement is complete and correct. The Licensee must keep Nearmap informed of any change to the Licensee's information provided to Nearmap, including any change to the Licensee's contact details, or the details of a credit card used for payment; (b) the Licensee will immediately notify Nearmap of any usage of any Product outside the Permitted Purpose, and provide any other information reasonably requested by Nearmap; (c) the Licensee has the power to enter into this Agreement and to perform the obligations under it; and (d) the Licensee has and will comply with all relevant laws relating to the Licensee's use of the: (i) License; (ii) Products; and (iii) Website. 6. TERMINATION AND EXPIRY 6.1 Initial Term This Agreement commences on the Commencement Date and continues until expiry of the Term unless terminated earlier in accordance with the terms of this Agreement or renewed under section 1.3. 6.2 Termination by Either Party Either party may terminate this Agreement with immediate effect by giving notice to the other party if: (a) the other party breaches any of its obligation under this Agreement capable of remedy and fails to remedy that breach within fourteen (14) days after receiving notice requiring it to do so; (b) the other party breaches any of its obligations under this Agreement incapable of remedy; or (c) the other party files for protection under bankruptcy laws, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has any such petition filed against it which is not discharged within sixty (60) days of the filing thereof or admits in writing its inability to pay its debt generally as they become due. 6.3 Termination by Nearmap Regardless of anything else in the Agreement but subject to section 4.4, Nearmap has the right, in its absolute discretion and upon giving the Licensee 10 Business Days' notice, to terminate the Agreement and the License. 6.4 Consequences If the Agreement is terminated under sections 6.2 or 6.3 or expires at the end of the Term: (a) the License immediately terminates and the Products will no longer be available to the Licensee; (b) The Licensee must immediately destroy, delete or return to Nearmap all Products; and (c) subject to section 7.3, the Licensee and the Authorized Users are not permitted to use any Products for any purpose. 6.5 Costs Nearmap reserves all rights following termination of this Agreement, including any rights available to Nearmap to collect any outstanding Fees which may be owed by the Licensee. The Licensee will be liable for any reasonable legal costs incurred by Nearmap in enforcing its rights following termination of this Agreement. 6.6 Continuing obligations After expiry or termination of the Agreement or a License, sections 1.5, 2, 7, 8, 9, 10, 13, 14, 15, and 17 will still be binding on the Licensee in relation to Products licensed or obtained during the Term. 7. INTELLECTUAL PROPERTY 7.1 Ownership Unless otherwise indicated, the Website, the Products and all associated Intellectual Property Rights, data, information and software are owned by Nearmap and are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property. Nearmap reserves all of its Intellectual Property Rights. Except forthe limited License granted to the Licensee in section 1.1, no ownership or Intellectual Property Rights in the Website or any Product will pass to the Licensee. 7.2 Trademarks The Nearmap trademarks and all associated Intellectual Property Rights are owned by Nearmap. Nothing in the Agreement confers upon the Licensee any rights to use or modify any of Nearmap's trademarks, except that Nearmap grants the Licensee a royalty free, limited non-exclusive, non- transferrable, non-sublicensable license to use Nearmap trademarks to the extent necessary to comply with the Licensee's obligations under the Agreement. 7.3 Derivative Works Subject to compliance with all other terms of this Agreement, the Licensee is granted a non-exclusive right to produce and use Derivative Works for a Permitted Purpose. Unless otherwise notified to the Licensee by Nearmap, the Licensee may continue using Derivative Works following termination or expiry of this Agreement. The Licensee and Nearmap will jointly own all rights in and to any Product embedded in a Derivative Work. 8. THIRD PARTY PROVIDERS 8.1 Nearmap engages Third Party Providers in order to provide the Products. The Licensee agrees to comply with all requirements and restrictions that Third Party Providers may impose on Licensee directly or indirectly by imposition on Nearmap, in relation to their respective products and/or services, at the time of, or subsequent to, the Agreement. The Licensee acknowledges that provision of the Products is subject to, and dependent upon, adequate delivery of products and services by the Third Party Providers. In accordance with section 9 of the Agreement, Nearmap's liability is reduced to the extent that loss or damage of any kind is caused or contributed to, by Third Party Providers. For the Licensee's convenience, Nearmap has set out in this section 8 links to the terms and conditions of these Third Party Providers with which the Licensee is required to comply. The Licensee further acknowledges that by entering into the Agreement, the Licensee agrees to comply with the respective terms and conditions of Third Party Providers, which currently include the Third Party Providers set out below. Third Party Providers and their terms of supply may change from time to time during the Term of the Agreement. (a) Google Nearmap engages Google to supply navigation and geo-location data, and related content. By entering into the Agreement, the Licensee agrees to the Google Terms of Service as they apply to the Licensee. https://www.google.com/enterprise/earthmaps/legal/us/maps purchase agreem ent apac.html (b) Amazon Web Services (AWS) Nearmap engages Amazon Web Service, Inc. to provide services (AWS Services) which enables delivery of the Products. By entering into the Agreement, the Licensee agrees to comply with the AWS Customer Agreement (http://aws.amazon.com/agreement/) as it applies to the Licensee. Use of the Products is also subject to the Licensee's compliance with the following AWS policies: (i) Privacy Policy (http://aws.amazon.com/privacy/) (ii) Acceptable Use Policy (http://aws.amazon.com/aup/) (iii) Terms of Use (http://aws.amazon.com/terms/) (iv) Service Terms (http://aws.amazon.com/serviceterms/) (v) Trademark Use Guideline (htti)://aws.amazon.com/trademark-ciuidelines/); (c) NASAINCAS By entering into the Agreement, the Licensee agrees to the following NASA/NCAS terms and conditions: (https://www.nearmai3.com/legal- inform ation/copyrig ht) 9. WARRANTY AND LIABILITY 9.1 Warranty Nearmap agrees to use industry standard GPS to ensure captured imagery has accurate geographical positioning. 9.2 DISCLAIMER OF WARRANTIES OTHER THAN AS SET FORTH IN SECTION 9.1, THE WEBSITE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO Vesionp29 May 2018 3/®6/19 CC AGENDA PACKET PG 244 9.3 9.4 9.5 9.6 9.7 9.8 (a) (b) (c) 9.9 10. 10.1 10.2 (a) (b) (c) (d) 10.3 (a) (b) 10.4 THE FULLEST EXTENT PERMITTED BY LAW. NEARMAP AND ITS CONTENT PROVIDERS, AGENTS AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON - INFRINGEMENT, AND COURSE OF DEALING OR PERFORMANCE. NO REPRESENTATIONS WHILE NEARMAP USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE PRODUCTS AND THE WEBSITE, NEARMAP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS OR RELIABILITY OF ANY PRODUCT OR CONTENT CONTAINED ON THE WEBSITE. THE PRODUCTS AND THE WEBSITE ARE SUBJECT TO ERRORS, OMISSIONS, INACCURACIES AND DISTORTIONS AND NEARMAP WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR ANY CLAIMS MADE BY OR ARISING OUT OF, ANY PERSON OR ENTITY SEEKING TO RELY ON ANY OF THE PRODUCTS OR THE WEBSITE. LIMIT OF LIABILITY NEARMAP'S LIABILITY FOR: (A) A BREACH OF A WARRANTY UNDER SECTION 9.1; OR (B) A BREACH OF A WARRANTY WHICH IS IMPLIED OR IMPOSED IN RELATION TO THIS LICENSE UNDER LEGISLATION AND CANNOT BE EXCLUDED, WILL BE LIMITED TO, AT NEARMAP'S OPTION, REPLACING OR REPAIRING THE PRODUCTS OR SUPPLYING PRODUCTS EQUIVALENT TO THE RELEVANT PRODUCTS, OR PAYING THE COST OF REPLACING OR REPAIRING THE PRODUCTS. NO LIABILITY FOR CLAIMS TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEARMAP, ITS CONTENT PROVIDERS, AGENTS OR AFFILIATES BE LIABLE FOR ANY CLAIMS OF ANY KIND ARISING FROM OR CONNECTED WITH THE USE OF THE WEBSITE OR THE PRODUCTS, OR THE UNAVAILABILITY OF THE SAME, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE. THE LICENSEE IS RESPONSIBLE FOR THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION REQUIRED DUE TO THE LICENSEE'S USE OF THIS WEBSITE OR THE PRODUCTS. THIS EXCLUSION APPLIES, WITHOUT LIMITATION, TO ANY CLAIMS CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM NEARMAP. AGGREGATE LIMIT IN NO EVENT WILL THE AGGREGATE LIABILITY OF NEARMAP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE PRODUCTS EXCEED ANY COMPENSATION OR FEE THE LICENSEE HAS PAID, IF ANY, TO NEARMAP FOR ACCESS TO OR USE OF THE PRODUCTS OVER THE 12 MONTH PERIOD PRIOR TO THE ALLEGED DEFAULT, BREACH OR EVENT GIVING RISE TO THE LIABILITY. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney's fees and costs) arising from or out of: the Licensee's actual or alleged breach of any provisions of this Agreement; the Licensee's use of the Product for any purpose; and the Licensee's use of, or any third party's use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Nearmap will provide the Licensee with notice of any such claim or allegation, and Nearmap has the right to participate in the defense of any such claim at its expense. COPYRIGHT COMPLAINTS Subject to section 9, if any third party brings a Claim against the Licensee alleging that the Licensee's use of the Products in accordance with this License infringes their copyright ("Infringement Claim"), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court - awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Infringement Claim; not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; permit Nearmap to conduct the defense of the Infringement Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Infringement Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: (i) use of the Product in violation of this Agreement; (ii) modification of the Product by anyone other than Nearmap or a party authorized by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or (iii) third -party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with section 10.2. To the maximum extent permitted by law, this section 10 sets out Nearmap's sole and exclusive liability, and the Licensee's sole and exclusive remedy, for any third party Infringement Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. 11. PRIVACY POLICY 11.1 Nearmap will use any data supplied by the Licensee as set out in Nearmap's Privacy Policy, available at http://go.nearmap.com/legal/privacy-policy. 11.2 By entering into this Agreement, the Licensee expressly consents to receiving by email direct marketing communications from Nearmap. 11.3 By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap's third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products. 12. FORCE MAJEURE 12.1 Force Majeure Event If a party is unable to perform or is delayed in performing an obligation under this Agreement (except for any obligation to pay money, including Fees) because of an acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party's reasonable control (Force Majeure Event): (a) that obligation is suspended but only so far and for so long as that party is affected by the Force Majeure Event; and (b) the affected party will not be responsible for any loss or expense suffered or incurred by the other party as a result of, and to the extent that, the affected party is unable to perform or is delayed in performing its obligations under this Agreement because of the Force Majeure Event. 12.2 Notice of Force Majeure Event If a Force Majeure Event occurs, the party affected by the Force Majeure Event must: (a) promptly give the other party notice of the Force Majeure Event and an estimate of the non-performance and delay; (b) take all reasonable steps to overcome the effects of the Force Majeure Event; and (c) resume compliance as soon as practicable after the Force Majeure Event no longer affects it. 13. CONFIDENTIALITY 13.1 The Product includes metadata and other confidential and proprietary information of Nearmap (Confidential Information). The Licensee must not use any Confidential Information for any purpose not expressly permitted hereunder and will disclose Confidential Information only to its employees who have a need to know for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Licensee's duty hereunder. The Licensee will protect Confidential Information from unauthorized user, access, or disclosure in the same manner as it would protect its own confidential or proprietary information of similar nature and with no less than reasonable care. 14. NOTICES 14.1 All notices and consents will be in writing and will be considered delivered and effective upon receipt (or when delivery is refused) when (a) personally delivered; (b) sent by registered or certified mail (postage prepaid, return receipt requested); (c) sent by nationally recognized private courier (with signature required and all fees prepaid); or (d) sent by email with confirmation of transmission. Notices must be sent to the Licensee at the address set forth in the Quote (or if none is specified, the address to which Nearmap sends invoices) and for Nearmap to 10897 South River Front Parkway, Suite 150 South Jordan, UT 84095, USA, or at another address as a party may designate in writing. 15. TECHNOLOGY EXPORT 15.1 16. The Licensee shall not: (a) permit any third party to access or use the Product in violation of any U.S. law or regulation; or (b) export any software provided by Nearmap or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, the Licensee shall not permit any third party to access or use the Product in, or export such software to, a country subject to a United State embargo (as of the Effective Date, Cuba, Iran, North Korea, Sudan, and Syria). NEARMAP NOW 16.1 Survey During the Term, the Licensee may request a survey of an area which is not covered (in its entirety or in part) by the Coverage Area (Survey). The Licensee must provide a detailed description of the area that is to be covered by the Survey and which is to be included in the Survey Specification. Upon receipt of such a request in writing, Nearmap may,in its absolute discretion, agree to provide the Survey to the Licensee. 16.2 Delivery of Survey Subject to sections 12 and 16.1, Nearmap will deliver the Survey to the Licensee by uploading the Survey to the Website within 6 months of the date on which Nearmap receives payment of the Survey Fee in full from the Licensee. Nearmap will notify the Licensee in writing once the Survey has been uploaded to the Website. 16.3 Availability to other Nearmap customers Nearmap may, at its absolute discretion, allow other customers of Nearmap to access the Survey on the Website. 16.4 Refund of Survey Fee If the Licensee is not in breach of the Agreement and Nearmap elects to terminate the Agreement under section 6.3 prior to delivery of the Survey, Nearmap will refund the Survey Fee to the Licensee. 16.5 Nearmap Basic This Section 16 will not be applicable to the Licensee if the License purchased is for a Nearmap Basic Product. 17. MISCELLANEOUS TERMS 17.1 Nearmap customer The Licensee agrees that Nearmap may identify the Licensee as a Nearmap customer in Nearmap business materials. Vesionp29 May 2018 3/06/19 CC AGENDA PACKET PG 245 17.2 Additional Terms and Conditions The Additional Terms and Conditions form part of, and should be read in conjunction with, this Agreement. 17.3 Precedence of Documents This Agreement is comprised of: (a) the Quote; (b) the Additional Terms and Conditions; and (c) this agreement. If there is any ambiguity or inconsistency between the documents comprising the Agreement, the document appearing higher in the list will have precedence. 17.4 Independent Contractors The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other's behalf. The parties agree that no Nearmap employee or contractor will be an employee of the Licensee. 17.5 Construction The parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor of or against either party by reason for authorship. 17.6 Waiver Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement. 17.7 Severability If one or more of the terms of the Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining terms will not be affected. 17.8 Amendments Other than as expressly specified in this Agreement, this Agreement may only be varied with the written consent of Nearmap and the Licensee. 17.9 Assignment This Agreement shall not be assigned by either party without the prior written consent of the other party which shall not be unreasonably withheld; provided, however, that Nearmap may, upon written notice to the Licensee, assign all of its rights under this Agreement to (i) a parent, subsidiary or Affiliate of Nearmap, (ii) a purchaser of all or substantially all assets related to this Agreement, or (iii) a third party participating in a merger, acquisition, sale of assets or other corporate reorganization in which Nearmap is participating. Any attempt to assign this Agreement in violation of this provision shall be void and of no effect. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. 17.10 Entire Agreement This Agreement: (a) comprises the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement; and (b) supersedes any prior agreement or understanding on anything connected with that subject matter. 17.11 Counterparts This Agreement may consist of a number of counterparts and if so the counterparts taken together constitute one and the same instrument. This Agreement is not binding on any party unless one or more counterparts have been duly executed by, or on behalf of, Nearmap and the Licensee. 17.12 Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed within the State of Utah, without resort to its conflict of law provisions. 18. DEFINITIONS In this Agreement: Additional Terms and Conditions means the additional terms and conditions (if any) set out in Schedule 1. Affiliate means, with respect to Nearmap, any entity that controls or is controlled by such party, or is under common control with Nearmap. For purposes of this definition, an entity shall be deemed to control another entity if it owns or controls, directly or indirectly, at least fifty per cent (50%) of the voting equity of another entity (or other comparable interest for an entity other than a corporation) Authorized User means the number of person specified in the "Seats" section of the Quote, who have been granted access to the Product by the Licensee pursuant to the term and conditions of this Agreement and who either has been assigned a unique Nearmap user login credential or whom the Licensee has assigned a user login credential that enables access to the Product. Auto Renew means the section of the Quote titled "Auto Renew". Business Days means any day other than a Saturday, a Sunday or a recognised public holiday. Claim means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expense, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic. Commencement Date means the date as specified in the "Contract Commencement" section of the Quote. Commercial Purpose means to distribute, transfer, sell, sub -license or pass possession of any Products (in whole or in part) for the purpose of direct commercial benefit or gain by the Licensee. Content means any content made available to the Licensee in connection with the License. Coverage Area means the area specified in the "Coverage" section of the Quote for which Nearmap has available Products, which may cover part or all of that area and which may cover part (but not all) of the area covered by the Survey. Derivative Work means any new work created by or for the Licensee that includes or embeds all or part of a Nearmap Product. Excess Data Rate means the rate of additional fees that the Licensee pays per megabyte for its use of the Products beyond the Period Data Allowance, being: (a) if the Licensee pays its Fees on a monthly basis, the Fees per month divided by the Periodic Data Allowance; or (b) if the Licensee pays its Fees on a yearly basis, the Fees per year divided by 12 divided by the Periodic Data Allowance. Fault means any fault, failure, error or defect which prevents the Licensee from accessing the Products, other than where access is prevented due to a planned outage, because of an unforeseeable event beyond Nearmap's reasonable control or any conduct or activity undertaken by the Licensee, the Licensee's employees or agents. Fees means the fees specified in the Quote payable by the Licensee for the License, or as otherwise agreed in writing between Nearmap and the Licensee. Intellectual Property Rights includes all industrial and intellectual property rights throughout the world including copyright, moral rights, trademarks, patents, rights to protect confidential information and any similar rights. Late Payment Fee means a fee, as notified by Nearmap to the Licensee, corresponding to the costs incurred by Nearmap (including, without limitation, administrative and other costs) in recovering any payment not made by the Licensee on the due or scheduled date for payment. Late fees incur interest at the rate of 1.5% per month. License means the license granted in section 1.1. Licensee means the person or entity specified in the "Customer Name" section of the Quote. Nearmap means Nearmap US, Inc. Operational Hours means 9am to Spm PT. Period means the period specified in the "Allowance" section of the Quote unless otherwise agreed in writing between Nearmap and the Licensee. Periodic Data Allowance means the data allowance specified in the "Allowance" section of the Quote unless otherwise agreed in writing between Nearmap and the Licensee. Permitted Purpose means the use of Products by the Licensee in the Licensee's ordinary business and at all times excludes any: (a) Commercial Purpose; (b) Unlawful Purpose; (c) Integration or attempt to integrate the Product in an internal system of the Licensee or of a third party; and (d) Redistribution or copying of files, images, photographs or making such files, images or photographs available in any medium or manner that is contained in the Products to any third party (except as expressly permitted under this Agreement). Products means any Nearmap products specified in the Quote and, if applicable, the Survey. Quote the document produced after the Licensee places an initial order for the Product(s), requests any changes to its' License, or renews its License, which may be titled "New Subscription Quote", "Renewal Quote' or "Amendment Quote". Schedules means the schedules to the Quote, which form part of this Agreement. Subscription Period means the period stated in the "Subscription Period" column of the Quote. Subscription Start Date means the date specified in the "Subscription Start Date" section of the Quote. Survey has the meaning (if any) given to that section 16.1. Survey Fee means the fee for the Survey as agreed in writing between Nearmap and the Licensee. Survey Specification means the survey specification referred to in the Quote. Term means the term specified in the "Contract Term" section of the Quote, commencing on the (a) Commencement Date, or(b) Subscription Start Date (if a date is specified), whichever is a later date unless a Subscription Period is stated. Third Party Providers means third party providers of products and services to Nearmap. Unlawful Purpose means any unlawful purpose, including but not limited to stalking, harassing or intimidating any person or engaging in misleading or deceptive conduct. Website means all pages and sub -sites available within the nearmap.com domain. Vesionp29May 2018 3/06/19 CC AGENDA PACKET PG 246 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Agreements i TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 2/14/2019 SUBJECT: Agreement with C8rO|k]Engineers, |mC./$A0,@00\for providing consulting services for odor control in the wastewater collection system. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: City of Bakersfield'8wastewater collection system consists ofunderground sewer pipelines and lift stations which transport wastewater tO two wastewater treatment plants. Since the COUHCtiOn 8V8tH0O runs throughout the City, it is ChtiC8| to address odor issues in the CO||HCtiOn 8V8tH0O for the benefit and 88fHh/ Of the public. Currently, the City has 8 8O|H 8OUrCH rH8O|UtiOn with 8 chemical supplier for the supply and injection OfBiO>jdH,VVhiChh88bHHnin place for 8number Of VH8r8. BiO>jdH rHdUCH8 hydrogen sulfide in the wastewater treatment 8V8tH0O which COntrO|8 odor and rHdUCH8 corrosion. At this time, the City wishes to conduct 8 study On the VV88tHVV8tHr CO||HCtiOn 8V8tH0O to HV8|U8tH the HffHCtiVHnH88 of the current product used and propose new products for consideration, if any, to 8ChiHVHd reduced odors. The 8COpH of work Of the study inC|UdH8 HV8|U8tiOn of the current collection 8V8tH0O conditions, perform sampling and 8n8|V8H8, and rHCO0O0OHnd products, which i8 beyond the expertise Ofstaff. On November 6, 2018, the City i88UHd 8 Request for Qualifications (RFQ) for developing an odor and corrosion control plan for City Of B8kHr8fiH|d'8 VV88tHVV8tHr CO||HCtiOn 8VGtH0O. On []HCH0ObHr 11, 2018, the City received one statement Ofqualifications (SOQ)frO0O the fO||OVVng engineering firm: e C8rO||O Engineers, Inc. (Fresno, C/\) The SOQ submitted bVC8rO||O Engineers, Inc. (C8rO||O) demonstrates that the COn8U|t8nt is qualified to provide the 8HrViCH8 required. The intent Of the City was to have 8 two-step RFQ prOCH88, hOVVHVHr, since the City rHCHiVHd only one SOQ and bHC8U8H it was determined that C8rO||O is qualified, the City sent 8 Request for PrOpO88| to C8rO||O. The 8COpH Ofwork was revised tOfit budgeted funds and OnFebruary 4,2019,C8rO||Osubmitted 8proposal. City staff rHCO0O0OHnd8 8pprOV8| Of an agreement with C8rO||O based On their qualifications and prOpO88| being the most favorable to the City Sufficient funds are budgeted in the SHVVHr Enterprise Fund to fund this agreement. Therefore, there is no impact to the General Fund associated with this agreement. ATTACHMENTS: Description D /kgireeirneint D Exhbt/k D E xh lb i'i t IB Type /kgireeirneint EkNbt EkNbt Vf f [,Ylj a Le MA ,L AGREEMENT NO. DESIGN CONSULTANT AGREEMENT This DESIGN CONSULTANT AGREEMENT is made and entered into on ("Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and CAROLLO ENGINEERS, INC., a California Corporation ("DESIGN CONSULTANT"). R E C I T A L S WHEREAS, CITY is currently developing an Odor Control Study for Bakersfield City Wastewater Collection System (the "Project"); and WHEREAS, since CITY does not have expertise currently on staff to perform the study, CITY has issued a Request for Qualifications and Proposal ("Request") for those services; and WHEREAS, after reviewing the Request, dated November 6, 2018, and being satisfied that it understands the Project's requirements, DESIGN CONSULTANT has submitted a response to the Request, which includes a scope of work and cost proposal; and WHEREAS, DESIGN CONSULTANT represents that it is experienced in the fields of engineering services as required for the Project and that all of its officers, partners, and/or principals are licensed professionals in engineering, design, or similar professional areas with the appropriate professional degrees; and WHEREAS, DESIGN CONSULTANT also represents that it has an adequate number of properly licensed and experienced employees on its staff to accomplish the Scope of Work, as defined below, and that it is competent to undertake the Scope of Work; and WHEREAS, based on these representations and all other representations made by DESIGN CONSULTANT to CITY, CITY desires to retain DESIGN CONSULTANT to perform the Scope of Work. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), DESIGN CONSULTANT must competently and thoroughly design and DESIGN CONSULTANT AGREEMENT Page 1 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 engineer the Project as more specifically described in the Request and the Revised Scope of Work, attached hereto as Exhibit A and incorporated herein by reference, and in DESIGN CONSULTANT's scope of work, attached hereto as Exhibit B and incorporated herein by this reference (collectively, the project description in the Revised Scope of Work and DESIGN CONSULTANT's scope of work are referred to as "Scope of Work"). DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. 2. COMPENSATION/PAYMENT PROCEDURE. In exchange for performing the Scope of Work and subject to the terms of this section, CITY will pay DESIGN CONSULTANT as follows ("Compensation"): Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of Eighty Thousand Dollars ($80,000.00) on a monthly basis based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work. CITY will pay DESIGN CONSULTANT within 30 days after DESIGN CONSULTANT submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to DESIGN CONSULTANT for performing the Scope of Work and includes, but is not limited to, all out-of- pocket costs and taxes. CITY will pay no other compensation to DESIGN CONSULTANT. In no case will CITY compensate DESIGN CONSULTANT more than $80,000.00 for performing the Scope of Work. 3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on January 31, 2020. 4. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the DESIGN CONSULTANT's performance under this Agreement, CITY may terminate this Agreement after providing DESIGN CONSULTANT with ten - days written notice. 5. STARTING WORK. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 6. TIME FOR COMPLETION. DESIGN CONSULTANT must complete all assigned tasks set forth in the Scope of Work no later than January 31, 2020. DESIGN CONSULTANT AGREEMENT Page 2 of 13 S:\Enaineerina\Annual Contract & Reauest For Proposal\RFQP Wastewater Collection System Studv\Aareement - Carollo.docx February 28, 2019 7. CONTRACT ADMINISTRATOR. CITY's Contract Administrator is: Name: Sameena K. Gill City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3249 DESIGN CONSULTANT's Project Manager shall be designated as: Penny Carlo Carollo Engineers, Inc. 710 West Pinedale Avenue Fresno, CA 93711 Telephone: (559) 436-6616 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT, respectively. 8. 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. 9. INDEPENDENT CONTRACTOR. This Agreement calls for DESIGN CONSULTANT's performance of the Scope of Work as an independent contractor. DESIGN CONSULTANT is not an agent or employee of 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. 10. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 11. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. DESIGN CONSULTANT AGREEMENT Page 3 of 13 S:\Enaineerina\Annual Contract & Reauest For Proposal\RFQP Wastewater Collection System Studv\Aareement - Carollo.docx February 28, 2019 12. KEY PERSONNEL. DESIGN CONSULTANT shall name all key personnel to be assigned to perform the Scope of Work. 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 performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, DESIGN CONSULTANT shall not change such personnel without CITY's written approval. 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 and perform the Scope of Work. DESIGN CONSULTANT must also ensure that all employees or subcontractors assigned to perform any portion of the Scope of Work are properly licensed. If DESIGN CONSULTANT is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If DESIGN CONSULTANT is a partnership, at least one partner shall hold the required licensees or professional degrees. DESIGN CONSULTANT must provide proof that the requirements of this section are met when requested by CITY. 14. CONFLICTS OF INTEREST. DESIGN CONSULTANT hereby represents that both corporately and individually the firm and its employees and subconsultants: 14.1 Do not have, and will not have, financial interest in either the success or failure of any project which is dependent upon DESIGN CONSULTANT's performance of the Scope of Work; and 14.2 Are not currently, and will not be, employed by or under contract to any contractor who may be awarded the contract to construct the Project. 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 DESIGN CONSULTANT AGREEMENT Page 4 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 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. ACCEPTANCE OF WORK. CITY's acceptance of work or payment for work shall not constitute a waiver of any portion or any provision of this Agreement. 17. 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. 18. INSURANCE. 18.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, DESIGN CONSULTANT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 18.1.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1,000,000 per occurrence. 18.1.2 Automobile liability insurance, providing coverage for owned, non -owned, and hired autos 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 $1,000,000 per occurrence. 18.1.3 Commercial general liability insurance, unless otherwise approved by 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 $1,000,000 per occurrence. The policy must: 18.1.3.1 Provide contractual liability coverage for the DESIGN CONSULTANT AGREEMENT Page 5 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 terms of this Agreement; 18.1.3.2 Provide products and completed operations coverage; 18.1.3.3 Provide premises, operations, and mobile equipment coverage; and 18.1.3.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 18.1.4 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, DESIGN CONSULTANT must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, DESIGN CONSULTANT is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 18.2 General Provisions Applyinq to All Insurance Types. 18.2.1 All policies required of DESIGN CONSULTANT must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, DESIGN CONSULTANT may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by DESIGN CONSULTANT AGREEMENT Page 6 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 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. 18.2.2 Except for professional liability insurance, all policies required of DESIGN CONSULTANT must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of DESIGN CONSULTANT's insurance and must not contribute with it. 18.2.3 The insurance required above, except for workers' compensation insurance, must 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 CITY in writing. 18.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 18.2.5 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 18.2.6 It is further understood and agreed by DESIGN CONSULTANT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by DESIGN CONSULTANT in DESIGN CONSULTANT AGREEMENT Page 7 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 connection with this Agreement. 18.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for DESIGN CONSULTANT, and all subcontractors must agree in writing to be bound by the provisions of this section. 19. 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. 20. INDEMNITY. 20.1 DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY and CITY's 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 or 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. 20.2 To the extent Civil Code Section 2782.8 is applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY and CITY's 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. In no event shall the cost to defend charged to DESIGN CONSULTANT exceed DESIGN CONSULTANT's proportionate percentage of fault. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. DESIGN CONSULTANT AGREEMENT Page 8 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 20.3 DESIGN CONSULTANT shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to CITY or any third party arising out of breach of contract, termination, or for professional negligence. Additionally, DESIGN CONSULTANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than DESIGN CONSULTANT's subconsultants, that impact project completion and/or success. 21. 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. 22. 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 CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY's prior written consent. 23. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at 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 made available to CITY representatives upon request at any time during regular business hours. DESIGN CONSULTANT AGREEMENT Page 9 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 24. 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. 25. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 27. 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. 28. 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. 29. 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. 30. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 31. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 32. 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. DESIGN CONSULTANT AGREEMENT Page 10 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 33. 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 CITY. 34. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 35. 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 CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 DESIGN CONSULTANT: CAROLLO ENGINEERS, INC. 710 West Pinedale Avenue Fresno, CA 93711 36. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 37. 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 CITY property. 38. TAX NUMBERS. DESIGN CONSULTANT's Federal Tax ID Number 86-0899222 DESIGN CONSULTANT is a corporation? Yes X No (Please check one.) 39. STANDARD OF CARE. DESIGN CONSULTANT shall perform the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. DESIGN CONSULTANT AGREEMENT Page 11 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 40. CITY -PROVIDED INFORMATION AND SERVICES. CITY shall furnish DESIGN CONSULTANT available studies, reports and other data pertinent to DESIGN CONSULTANT's services; obtain or authorize DESIGN CONSULTANT to obtain or provide additional reports and data as required; furnish to DESIGN CONSULTANT services of others required for the performance of DESIGN CONSULTANT's services hereunder, and DESIGN CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing DESIGN CONSULTANT's services under this Agreement. 41. ESTIMATES AND PROJECTIONS. DESIGN CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, over the incoming wastewater quality and/or quantity, or over the way CITY's plant and/or associated processes are operated and/or maintained. Data projections and estimates are based on DESIGN CONSULTANT's opinion based on experience and judgment. DESIGN CONSULTANT cannot and does not guarantee that actual costs and/or quantities realized will not vary from the data projections and estimates prepared by DESIGN CONSULTANT and DESIGN CONSULTANT will not be liable to and/or indemnify CITY and/or any third party related to any inconsistencies between DESIGN CONSULTANT's data projections and estimates and actual costs and/or quantities realized by CITY and/or any third party in the future. 42. THIRD PARTIES. The services to be performed by DESIGN CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on DESIGN CONSULTANT's performance of its services hereunder, and no right to assert a claim against DESIGN CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of DESIGN CONSULTANT's services hereunder. DESIGN CONSULTANT AGREEMENT Page 12 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date. "CITY" CITY OF BAKERSFIELD By: KAREN GOH, Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney II Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Exhibits A. B Insurance documents "DESIGN CONSULTANT" CAROLLO ENGINEERS, INC. Type or Print Na Title: DESIGN CONSULTANT AGREEMENT Page 13 of 13 S:\Enaineerina\Annual Contract & Request For Proposal\RFQP Wastewater Collection System Study\Aareement - Carollo.docx February 28, 2019 EXHI......BIT A ............... .............................................................................................................................................................................................. BAKES OONPORARequest for Qualifications (RFQ) U O�yTfO tile. Odor and Corrosion Control Plan for Bakersfield City Wastewater Collection System and Treatment Plants rAir oR�� Public Works Department Wastewater Division Bakersfield, California Revised Scope of Work II. SERVICES TO BE PROVIDED BY THE CONSULTANT (SCOPE OF WORK) The Consultant shall have professional staff to provide all the services necessary for the project as defined in Section I of this RFQ. At a minimum, the Consultant's team shall include a California registered civil or chemical engineer experienced in wastewater collection systems. The services the Consultant shall be required to provide include, but are not limited to: evaluate current wastewater collection system, perform sampling and analyses, and recommend products. The Consultant shall be responsible for providing details of the proposed products and techniques. The proposed product may be a chemical, a biological product, a media filter or a combination of these. The final deliverable shall be a comprehensive engineering report which establishes the proposed odor control method for the wastewater collection system. The engineering report shall, at a minimum, include: 1. Evaluation of the City's wastewater collection system conditions as it relates to odor control. 2. Perform sampling and analyses in the collection system at locations where Bioxide is injected. 3. Summarize sampling activities in the collection system. 4. Develop and evaluate alternatives to mitigate odor within the collection system. 5. Determine if Bioxide is the most efficient product to control odor. Recommend better products available to achieve reduced odor in the collection system, if any. Recommend more cost effective/efficient products which may have beneficial impacts to the wastewater reaching the wastewater treatment plants in addition to achieving reduced odors in the collection. Proposed products shall not harm existing equipment or infrastructure in the collection system and treatment plants. 6. Provide cost estimates for recommended odor control alternatives. 7. Prepare engineering report which establishes the proposed odor control alternatives for the collection system. City staff to review recommendations and participate in selection of alternative prior to submission of final report. When the contracted work is accepted by the City, all completed reports, documents, studies, etc., used in the research and completion of the project shall become the property of the City, including their copyrights and any inherited interests. EXHIBIT B February 4, 2019 Ms. Sameena K. Gill City of Bakersfield - Public Works 6901 McCutchen Road Bakersfield, CA 93313 / I(( Wf,,,t I'! wd, I'!I(, Avf,nm,, I if -mo, (,,I!f,i Illi 9i/'L `I. Subject: Odor and Corrosion Control Plan for Bakersfield City Wastewater Collection System Dear Ms. Gill: We appreciate the opportunity to support the City of Bakersfield (City) with Consulting Services for Odor and Corrosion Control in the wastewater collection system. The purpose of the project is to develop an odor and corrosion control plan for the City of Bakersfield, CA wastewater collection system. The work will be completed for the Public Works Department (PWD) Wastewater Division. The Request for Fee Proposal (RFP) indicates the primary objectives of this project include: « Reduce odors in the collection system « Select supplier to provide odor and corrosion control products and services The City's objectives for the scope of work for this project include, but are not limited to: « Evaluation of the City's wastewater collection system conditions as it relates to odor control. « Perform sampling and analyses in the collection system at locations where Bioxide is injected. « Summarize sampling activities in the collection system. « Develop and evaluate alternatives to mitigate odor within the collection system. « Determine if Bioxide is the most efficient product to control odor. Recommend better products available to achieve reduced odor in the collection system, if any. Recommend cheaper/ more efficient products which may have beneficial impacts to the wastewater reaching the wastewater treatment plants in addition to achieving reduced odors in the collection. Proposed products shall not harm existing equipment or infrastructure in the collection system and treatment plants. « Provide cost estimates for recommended odor control alternatives. « Prepare engineering report which establishes the proposed odor control alternatives for the collection system. City staff to review recommendations and participate in selection of alternative prior to submission of final report. In order to meet these objectives, Carollo Engineers, Inc. (Carollo) and Webster Environmental Associates, Inc. (WEA) will: « Meet with PWD staff to gather a full understanding of project goals and history of odor and corrosion issues. « Collect and review drawings of the collection system in those areas where Bioxide is currently being fed. « Develop and implement testing program « Conduct HSS monitoring within the collection system using Odalog/Acrulog HSS monitors for a period of two weeks. 300.€6.BAK003IGill .201.9..0204i.locx h luum wllllllll �,. OUR FOCUS OUR BUSINESS 03/06/19 CC -Pry C i PG 263 Ms. Sameena K. Gill City of Bakersfield - Public Works February 4, 2019 Page 2 « Conduct liquid sampling and testing over a four-day period. Wastewater samples will be collected from various locations and tested for pH, sulfides, oxidation reduction potential (ORP) and temperature. « Evaluate the condition and performance of the existing Bioxide feed systems. « Develop and evaluate odor control alternatives to Bioxide and determine if Bioxide is the best choice at these eight locations. « Provide recommendations for odor and corrosion mitigation. May include liquid anid/or air treatment systems. « Prepare budget level cost estimates for recommended odor and corrosion mitigation systems. « Prepare a Report of Findings. Project Approach andProposed Scope of Werk The following proposed scope of work and level of effort is based on information included in the RFP, experience at other similar facilities and our best estimate of what is needed to accomplish the project objectives. Task I - Meetings Carollo/WEA will meet with Bakersfield staff to discuss and review the goals, expectations, and schedule for the project. The following meetings are proposed: 1. Kick-off meeting. Our team will request and gather existing information. A meeting agenda and meeting minutes will be prepared. 2. Meeting to present and discuss report and recommendations Task 2 - Review Conditions of existing Collection Systean. and Wastewater Treatm.ent Plants Our team will review existing information related to the collection system and treatment for odors including: « Relevant drawings for the eight areas in the collection system that currently receive Bioxide treatment « Records relating to odors and corrosion. « Reports from Evoqua on H2S monitoring and Bioxide usage. « Historical odor complaint records « Operating data and wastewater analyses related to odors and corrosion « Other relevanit information available from PWD, including any hydrogen sulfide monitoring data « Previous engineering reports related to odors and corrosion within the Bakersfield collection system. After reviewing this information and discussions with the City staff, we will prepare for a site visit to conduct the testing. Task 3 -f-'erform. Sampling and 'resting Slihtask 3.1 C nidtict Collection System Sampq ing and Te=sting Program, The scope of work for this task is based on the following assumptions: 1. One round of testing will be conducted in June or July 2019 during warm weather conditions. 2. Carollo/WEA will spend a total of four days at the site conducting the testing program. 3. Carollo/WEA will monitor H2S concentrations at eight (8) locations for two weeks. More locations can be added as required for ani additional cost. Ms. Sameena K. Gill City of Bakersfield - Public Works February 4, 2019 Page 3 4. Liquid samples will be collected and tested from eight (8) locations during the week of testing. The on-site testing will take about four days and include the following: « OdaLog/Acrulog H2S data loggers will be used to log H2S concentrations at specific locations within the collection system and lift stations. The data loggers will be used to log diurnal H2S concentration measurements to determine peak and average H2S concentrations at key locations within the collection system. « Wastewater samples will be collected from key locations within the collection system during the field testing and analyzed for sulfide concentrations, pH, oxidation-reduction potential (ORP) and wastewater temperatures. « Existing visible corrosion within the inspected and tested collection system structures and lift stations, and at the treatment plait, will also be documented. « Odor control chemicals are currently being fed at eight pump stations in the collection system. These chemical feed systems will be evaluated during this project. A condition assessment of the equipment will be conducted, and a performance evaluation will be done to determine if the chemical is being dosed properly and if the chemicals being used are properly applied. Seihtask 3.2 - Analysis and Presentation of Te=sting Results Our team will analyze, evaluate, and summarize the results of the sampling and testing data. Data from each testing trip will be summarized for discussion with Bakersfield staff. Following the final testing period, our team will meet with your staff via conference call to review and discuss the results and preliminary conclusions, based on the data. Task 4 - Evaluation of Odor and Corrosion Mitigation Alternatives Our team will develop alternatives for mitigating odors and corrosion in the priority areas. The alternatives will define odor and corrosion control goals and potential odor and corrosion control technologies. The technologies to be evaluated may include both liquid stream chemical treatment and/or air treatment technologies. Alternative operating and maintenance modifications related to minimizing odor and corrosion may also be developed, if appropriate. Our team will evaluate selected alternatives to determine expected effectiveness, estimate capital and operating costs, and other relevant factors. The selected alternatives will be determined based on the results of the evaluations and discussions with Bakersfield staff. Task .5 - Devetopinent of Odor and Corrosion Control Co n:prehesnslve Engineering Report We will prepare a draft Odor and Corrosion Control Comprehensive Engineering Report based on the results of the evaluations and discussions with the City staff, which will include the following: « Introduction « Description of odor and corrosion evaluation methodology « Detailed description of odor sampling and testing results « Evaluation of selected odor and corrosion control alternatives « Conclusions and recommendations of full service suppliers and vendors for the supply and application of the prosed alternatives product technologies. Ms. Sameena K. Gill City of Bakersfield - Public Works February 4, 2019 Page 4 « Budget level capital and operating cost estimates for recommended odor and corrosion control alternatives Our team will meet with the City staff to discuss the draft report. Following the review of the draft report and comments from City of Bakersfield staff, a final report will be prepared and submitted to PWD wastewater division staff. Project Schedule Carollo understands that timing is of the essence on this project and our team is prepared to start immediately. A project timeline and general overview is provided in Table 1 on the following page. The overall time period to complete the work is 10 months. We propose to conduct the work for the total not -to -exceed fee of $71,718. Payment will be billed to the City based on the hourly rates shown in Table 2, on page 6. Table 2 provides the level of effort estimated for each task. As aui optional task we added the services related to odor dispersion modeling. I . F t co �J . F t (A c .2 r" Lm 0 OL �2 E . 0 Cu 0 0 m 0 .2 16 CL u —0 6w t C M 0 0 c 0 m 'ou E68o -000 t 0 c 0 0 iti Or a r o o E E C-1 LA CL 7t 7— v tD CD co -T by �o CD O ll� Iq C I- to — d:Y V9 60 CNr- 6.) 64" &4 O C:, U�l to 05 0 6 6 11 1 W!, Ilm", 1 10", C4 cn CD tO LO Q- m CN V, W), 64 64 69 co cv S 0 wIT -IT Om E fVu 00 m to to to q 01 11 cll� Iq Iq h, (R LO LO m M to w ull 6. CD C. 0 Cl C14 N co 0 u > 4 to ma 0 H v7 2EL U -06 0 .2 > 0 UU m❑ E - t o 1 1 XIU M Z to C-4 M � LO LL 0 -6 FR 0 0 R m 0 3: 0 0 =w u u 0 r m E w N M %pJ 60 0 C', tti - 0 (n LL, N m m E N GH 0 (L ml m Oro ID -- 40 m to IL tD CD co -T by �o CD O ll� Iq C I- to — d:Y V9 60 CNr- 6.) 64" &4 O C:, U�l to 05 0 6 6 11 1 W!, Ilm", 1 10", C4 cn CD tO LO Q- m CN V, W), 64 64 69 co co cv S wIT -IT Om E fVu 00 m to to to q 11 cll� Iq Iq h, (R LO LO m M to w ull 6. CD C. 0 Cl C14 N co 0 u > co co cv S 0 0 03106119 CC AGENDA PACKET PG 268 E fVu m .s 0 u > H 2EL -06 0 .2 > 0 UU m❑ E - t o 1 1 XIU M Z C-4 M � LO 0 0 03106119 CC AGENDA PACKET PG 268 Ms. Sameena K. Gill City of Bakersfield - Public Works February 4, 2019 Page 7 We appreciate the opportunity to continue to support you with this important project and look forward to working with the City of Bakersfield. Please let us know if you have any questions. Sincerely, CAROLLO ENGINEERS, INC. Penny Carlo, P.E. Associate Vice President PLC/KK:cjp ialil Kairouz, Ph.L)., P.E. Associate ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Agreements m. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 2/15/2019 WARD: Ward 1 SUBJECT: Final Map for Tract 6297, Phase 4, located North of Redbank Road, between S. Oswell Street and S. Sterling Road. STAFF RECOMMENDATION: Staff recommends approval of map. BACKGROUND: The Public Works Department has completed the review of the final map for Tract 6297, Phase 4, as submitted by the developer and is recommending that the City Council approve the map. Typically, the City Council will consider simultaneous approval of a tract map and improvement agreement. An improvement agreement is required when the developer elects to record a final map prior to completing the required improvements, such as streets, sidewalks and sewer infrastructure. Occasionally, a developer completes the improvements first and then, when recording the map, will be required to enter into a maintenance agreement to warranty period of one year as required by City ordinances. In this case the improvements, which are private, were completed over a year ago so that no improvement agreement is required nor is an additional warranty period required. Completion of onsite improvements have been certified by the engineer of record. Therefore, this map is being transmitted to the Council for approval without an improvement or maintenance agreement. ATTACHMENTS: Description D 'Fina ct 6297 Iphase 4 Mdrifty irna p D 'Firact Irna p 6297 Iphase 4 D 'Fina ct 6297 phase 4&am 5 'Firct ipiroveirneint Coirnpbdoirl CeirICil cadoin Type Ba. ckUIMateir4� Ba. ckUIMateir4� Ba. ckUIMateir4� m i i 0 m i Lq 03106119 CC AGENDA PACKET PG 271 LU co m i Lq 03106119 CC AGENDA PACKET PG 271 ¢Y -WOm>Z ol HO p�QFm?ZO 5� p y�.t !✓R�'R `-b' 11 ow p� " _ s po '�sWrrm 8,513 "U �Ow� OQ�wm �3Ji� MSS SQO=O �QQ� tl 4 Q ONO O�w dN p�NFO _ a Z aw> Q ZQ ¢ O Jrw LLzw =wY �� Q�WOamaw wOY�� I�Q YOp¢¢ ��wE3 0�6 �o Ilam HQ w0 m a Q p p z < Y w m waW owoF3 O ¢ r mOZN� _ IWQ Y- m H� �w xKpYO Z Hw QOwo�OZw '\A =ZZ op Z xl��wJ=O 0 Ow 6� Oz IIS Q O W V• w f Z �~ Ism ~ QQ H QO�¢�z�ro Z O "off wg mY3�oa IIIzF (n oF� voi Q o• N �wN a w _m Y p O m pzo"O z OOw�Io (n mm�mz�>o z3 o IIwQ� Q a U.Q N you o wll�� oamaw Q>�a� (n �g N a pU U- �~ W Z Z p a0 x 6 OZ F Z Z Y w p Y U ¢ Y a 0 ¢ 0p N�Zwo 3owo�mzcwip �� Z zaa~¢o awQ z O ��¢�F`r°�aw W O M V FNQQ Z Z Xwz a' Z V1aH =Z �QCJJ W 0 ¢ Z QOYOwwO VJ w W Q >�F�O� y¢ 00 O Gt w > �wQaaO-� m� Z a�¢3�a } j30 g } o��¢QFF"m O m6 zEm Z z -Na m o �aamQ m Q woa a s s_ aQmQ z U LL -m s pO=cnK pOwa H r0� g H z W z¢ O¢Qz w w 1ELD QN � drw UO Z U a w O O a xf.��� �r O (J Z Z d OwQo vi 6g Q?z � �O> - m N O OM O - o � m o a vmi umi n j Nw zp m m m op op op m m `jZI� mowQOQ a� ojo ?0 0 0 0 w� in oh ��s w a� z� �o p p 'o- << - - - p o a wQ�U3m wpU w0 �O Do �Q v Ow OY pQ�- wU Om Ott O� OLL OLL O� O� O� rpQFG �Fz a0 pQo -00- 00 OHO mQ - �O �O �O - Z CwiO�w� m UOUz - O O - _ _ _ _ O Q -- z Eow 1, FNK a o a� a� o Qw w=Qo O - Zy z�¢ KO �O �p �^ �N- Q010000 VOO ttwaa wo wo0 ' �� K¢ _ YQp�x OJ ~ O4 mOmpWm �mQ Zw p O z NZUwox O O�Zp ��m wZ� wm - W�H 3 ZOQom Z w '�0 - O¢OQs �¢ wE Oman Q - N p Q OOp¢ Y - 3xw tim N� �w ¢ u3a _ mm mm om> zcwi ¢a�a w - Y� �o wjo p - z aim m�� Qo 3Qzo x 4 �o� w3Z ¢wyz¢ ¢o - aaa�mJu w - - zOwm¢ w _am3x o UY aw oma z - ma oa - zo¢ ~w - mo W j_- ¢Qo oo �O mNNOn - UOZ OaOFUwZQp ~so-oQOQ o ¢ - - ��voiW gzz>rn a �WJ zF U� ooav=i� �o Uo UaU x ���N a��tt� a z3z o ¢ OU pOz-- > �O zE o - �w ¢ 30o Qz_x Q3N�p= - - O Q ¢ Oz=� VQ F �Q W- - oWmz�wW VQi>m - -^noo O �3a -~ - Fmc~i act �Q o Z� �a oQa of of r ¢omQo z.'O� w - oz V UNO -� 3�Ow �Gw �UQ U Y Vo aZU U > wQ�N a� w- z_ Q w3� oz a _� o - ap. ¢� a"Yz�3Q o �OFOFwEO EF�U ttpj OOOxXO OY�mm Z QO - ZO �Q�z Z O ZO,�~ K - - wac~i o?a�N�o - _ aawm oW - - � .5 wo �s�zooi a5�Y zzz>��5 06 aoo �3Q " - - F a eo3 - _ oQ w 3p�ZZQ -Vo Uz a Q Opm =0�� OOx - w z003Qo _ _ z a� �Ytt SOF_- ZOm �OwZJ ompo p00 O o - O Fzzwoop mz- _ r oa _ �Q'�� o3s Qoo sa o-Qm� o�aoaz r� oEZ - �o�¢o zw(n �E 3 W 3o03w NOpo - ¢Ow J �¢� - _ Q - m3Y Q Win N ¢ O �¢a Noomo NQ ���Qo�z� Nw3w �Oz J - om woa - QF w3 Fo �O�Fwa� ¢m - EKi-- - (n Q w?3J - W o= U v~i Y �Ow = 4W zo oQw -p Q U -g m Y N m p O �00=UaU0 �LLOUF apQ OO WpF�\ma Owl U¢�m0 030 2'xQZw OF� O¢O\o� o Ezra Q��cwi Q ¢O O ¢oQ ¢OOaOg\¢� F _ W. 30aa- 3x,- 3<3 x 11 I .i zazx�w-F3 a 'aa xv�aroe ttQ o: � a `JNI"Ia�iS 'SAkNf10�� AHT"'. 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Thomas Hardt @ Advantage Homes P:TROJECTS\03146\SPECS\Fn1 confUnit 2&3.doe Roger A. McIntosh RCE 33322 03106119 CC AGENDA PACKET PG 275 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Agreements n. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Development Services Director DAT E: 2/5/2019 VITI-11 N SUBJECT: Agreement with United Way of Kern County ($67,388) for Homeless Youth Services. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In February of 2018, the mayors of California's eleven largest cities, including Mayor Goh, united in an effort to urge the Legislature and Governor to provide funding to assist California cities in dealing with the impacts of homelessness. Citing concerns over the size and scope of the ongoing homelessness crisis in California, the Big 11 Mayors outlined a proposal for the state to allocate $1.5 billion of the estimated $6.1 billion state budget surplus to combat homelessness in cities throughout the state. The focus of this effort was to provide one-time state funding directly to communities in a streamlined fashion so that funds could be disbursed quickly and immediately put to work. The Big 11 effort ultimately resulted in the Governor signing a state budget that included $500 million in block grant funding to address the homelessness crisis throughout California. The vehicle for these funds to be distributed to cities, counties and Continuums of Care is the Homeless Emergency Aid Program (HEAP). The total allocation of HEAP funding awarded to City of Bakersfield is $1,247, 753.53, which was received on January 8, 2019. At the January 23, 2019, City Council meeting, $1,247,753.53 in HEAP funds was appropriated to the Development Services Department budget to implement the HEAP program in Bakersfield; and Agreement No. 19-019 granting $1,122,978.53 in HEAP funds to expand the Mission at Kern County's emergency shelter -bed capacity at 816 E. 21st Street, and establish an off -campus community resource/day center at 800 Baker Street was approved. The second component of the HEAP Program is to establish and expand services meeting the VfLf [,Ylj M Eq MA , needs of homeless youth and/or youth at risk of homelessness. A minimum of five (5%) percent of the grant award is required to be used for this purpose. The project under consideration is to grant $67,388 to United Way of Kern County to provide permanent supportive housing and increase access to housing by paying for move -in costs for homeless youth. The United Way will use $5,000 of the $67,388 to pay for staff costs in executing the program. The remainder of the HEAP funds, $57,987, will be used to pay City of Bakersfield administrative costs associated with the HEAP program. A summary of funds and uses is shown below. Total HEAP Grant to City of Bakersfield: $1,247,753.53 Capital Improvements —The Mission at Kern County: $1,122,978.53 Homeless Youth - United Way of Kern County: $ 67,388.00 (5.4%) City Of Bakersfield Administrative Costs: $ 57,387.00 (4.6%) All HEAP funds must be fully expended by June 30, 2021. F-11 6 us] M I Llfi 14 Ll h Description Type D Agireeirnent Agireeirnent AGREEMENT NO. UNITED WAY OF KERN COUNTY SUBRECIPIENT AGREEMENT FOR HOUSING AND EMERGENCY ASSISTANCE PROGRAM (HEAP) THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY' herein) and UNITED WAY OF KERN COUNTY, a California non-profit, public -benefit corporation ("CORPORATION" herein). RECITALS WHEREAS, California Governor Edmund G. Brown, Jr., and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, the Governor and Legislature have provided funding to local governments under the Homeless Emergency Aid Program as part of SB 850 and the 2018-19 Budget Act (Chapter 48, Statutes of 20 18); and WHEREAS, the Kern County Homeless Collaborative, which the City of Bakersfield is a member of, has developed a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; and WHEREAS, City of Bakersfield finds that the health and safety of unsheltered persons in the City is threatened by a lack of shelter; and WHEREAS, the State of California has granted Homeless Emergency Assistance Program (HEAP) funds to CITY and CITY desires to grant HEAP funds to CORPORATION to increase access to affordable housing and provide permanent supportive housing to homeless youth; and WHEREAS, CORPORATION represents that CORPORATION is experienced and well qualified in the field of homeless shelter and services; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MISSION mutually agree as follows: 1. HEAP FUNDING TERMS. CORPORATION and its subcontractors must abide by all terms of the HEAP State of California Standard Agreement, which is attached hereto and incorporated by reference herein as Exhibit "A". United Way Service Agreement 2. SCOPE OF WORK. The scope of the grant is set forth in Exhibit "B" which is attached hereto and incorporated herein by reference as if set forth in full. 3. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of SIXTY SEVEN THOUSAND, THREE HUNDRED AND EIGHTY-EIGHT DOLLARS and no cents ($67,388) which shall be paid as follows: FIVE THOUSAND DOLLARS ($5,000) for Administration of the HEAP grant by United Way, and SIXTY TWO THOUSAND, THREE HUNDRED AND EIGHTY-EIGHT DOLLARS $62,388 to use for homeless youth services. Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. Such compensation shall only be used to pay for costs provided as set forth in Exhibit "B." and in accordance with this Agreement. 3.1. Disbursement of Funds. CITY shall not be obligated to disburse, or pay to, CORPORATION or any third party, any funds until and after CITY receives HEAP funds from the state government. If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to CORPORATION or its subrecipients until CITY receives such funds. CORPORATION shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if CORPORATION or any third party has detrimentally relied upon this Agreement. 3.1.1. CORPORATION shall conform to the "time frame" as set forth in Exhibit "B," attached hereto and incorporated herein by reference. CORPORATION shall pay for any and all costs greater than SIXTY SEVEN THOUSAND, THREE HUNDRED AND EIGHTY-EIGHT DOLLARS and no cents ($67,388) . 3.2. Eligible Claims for Payment. CITY agrees to pay eligible claims for payment to CORPORATION within thirty (30) days after CITY receives an eligible claim for payment as set forth herein, and a properly -designated CORPORATION official certifies the claim. 3.3. Method of Payment. CORPORATION shall submit an invoice to the CITY within two weeks of executing the agreement for the total COMPENSATION amount of SIXTY SEVEN THOUSAND, THREE HUNDRED AND EIGHTY-EIGHT DOLLARS ($67,388.00) . 3.4. Term. The term of this Agreement shall begin January 23, 2019 and end December 30, 2020. This term may be extended for up to six months in the event all funds are not expended by October 30, 2020. United Way Service Agreement 11 4. CORPORATION'S OBLIGATIONS. In addition to the terms stated herein, CORPORATION shall comply with the following Federal and State laws and regulations: 4.1. Laws and Regulations 4.1.1. Federal. CORPORATION shall comply with all provisions of Federal law applicable to this Agreement. 4.1.2. California. CORPORATION shall comply with all provisions of California law applicable to this Agreement. 4.1.3. Independent Contractor. CORPORATION understands and agrees that it is an "independent contractor' with respect to the services to be performed under this Agreement. CORPORATION is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance. This agreement shall not be construed as forming a partnership or any other association with CORPORATION other than that of an independent contractor. 4.1.4. Indemnification. CORPORATION 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 CORPORATION, CORPORATION'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. 4.1.5. Insurance. In addition to any other insurance or bond required under this Agreement, CORPORATION shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): 4.1.5.1. 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: United Way Service Agreement 3 4.1.5.1.1. Provide coverage for owned, non -owned and hired autos. 4.1.5.2. 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: 4.1.5.2.1. Provide contractual liability coverage for the terms of this Agreement. 4.1.5.2.2. Provide products and completed operations coverage. 4.1.5.2.3. Contain an additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and volunteers. 4.1.5.2.4. 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. 4.1.5.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of CITY, its mayor, council, officers, agents, employees and designated volunteers. 4.1.5.4. Except for professional liability, all policies required of CORPORATION shall be primary insurance as to CITY, its mayor, council, officers, agents, employees or designated volunteers, and any insurance or self-insurance maintained by CITY shall be excess of CORPORATION's insurance and shall not contribute with it. 4.1.5.5. Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self-insurance retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise United Way Service Agreement n required by this Agreement, or insurance rated below Bests' A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 4.1.5.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing 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. 4.1.5.7. The insurance required hereunder shall be maintained at all times during the term of this Agreement or any extension thereof. 4.1.5.8. CORPORATION shall furnish CITY's 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. 4.1.5.9. Full compensation for all premiums which the CORPORATION 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 therefore or for additional premiums which may be required by extensions of the policies of insurance. 4.1.5.10. It is further understood and agreed by CORPORATION that its liability to CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by CORPORATION in connection with this Agreement. 4.1.5.11. Unless otherwise approved by 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 CITY has approved lesser insurance requirements for CORPORATION. 5. ADMINISTRATIVE REQUIREMENTS. 5.1. Financial Management. 5.1.1. Accounting Standards. CORPORATION agrees to employ generally accepted accounting principles, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. United Way Service Agreement ,Rig 5.1.2. Documentation and Record Keeping. 5.1.2.1. Records to be Maintained. CORPORATION shall maintain all records required by the State regulations specified in "Exhibit A" and "Exhibit B" that are pertinent to the activities to be funded under this Agreement. Such records include, but are not limited to: 5.1.2.2. Retention. CORPORATION shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the expiration of this Agreement. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three-year period, whichever occurs later. 5.1.2.3. Client Data. CORPORATION shall maintain client data demonstrating client eligibility for services provided. Such information shall include, but not be limited to, client name, address, income level, or other basis for determining eligibility, and description of service provided. Such information shall be submitted to CITY or its designees for review on a quarterly basis using the attached Activity Beneficiary Report or alternative form approved by CITY (Exhibit C). 5.1.2.4. Close -Outs. CORPORATION's obligation to CITY shall not end until all close-out requirements are completed. Activities during this close- out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. 5.1.2.5. Audits and Inspections. All CORPORATION records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the State Government, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the CORPORATION within 30 days after receipt by it. Failure of CORPORATION to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. CORPORATION hereby agrees to have an annual audit conducted in accordance with current CITY policies concerning subrecipient audits. 5.2. Personnel and Participant Conditions 5.2.1. Nondiscrimination Requirements United Way Service Agreement I During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor or subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 5.2.2 Conflict of Interest All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code, sections 10410 and 10411, for State conflict of interest requirements. 5.2.3 Drug Free Workplace Certification Certification of Compliance: By signing this Agreement, Contractor, and its subcontractors, hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug -Free Workplace Act of 1990 (Government Code 8350 et seq.) See Exhibit "D". 5.2.4 Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Contractor acknowledges in accordance with Public Contract Code 7110, that: The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as United Way Service Agreement FA provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 5.3. Environmental Conditions. 5.3.1. Environmental Considerations. CITY and CORPORATION want to assure that the policies of the California Environmental Quality Act of 1970 (CEQA), as amended, are most effectively implemented, CITY shall comply with the CEQA review procedures (Title 14, Section 15000 et. seq. of the California Administrative Code) in connection with this Project as rapidly as possible. Project delay occasioned by delay in the CEQA review procedures shall extend the estimated work completion time frame. 6. COMPLIANCE WITH STATE AND FEDERAL LAWS, RULES, GUIDELINES AND REGULATIONS. The CONTRACOR agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HEAP program, the CONTRACTOR, its Subcontractors, and all eligible activities. CONTRACTOR shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. CONTRACTOR shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. CONTRACTOR shall provide copies of permits and approvals to The City upon request. 7. CITY's OBLIGATIONS. 7.1. Copy of Regulations and Statutes. CITY will make available to CORPORATION a copy of any regulation CITY enacts to facilitate administration of said Program. 8. CITY'S REMEDIES. If CORPORATION fails to materially comply with the terms of this Agreement, CITY, at its option, may suspend or terminate this Agreement United Way Service Agreement P-0, and may demand CORPORATION return all funds granted to CORPORATION pursuant to this Agreement. 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 made the remedies incompatible. 8.1. Concurrent Remedy. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. 9. MISCELLANEOUS. 9.1. 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. 9.2. 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. 9.3. 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 CITY Council and signed by all the parties. 9.4. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants 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. 9.5. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation United Way Service Agreement 6 arising in any way from this Agreement shall be brought in Kern County, California. 9.6. Termination of Agreement. CITY reserves the right to terminate this AGREEMENT upon giving CORPORATION notice of intention to terminate at least 30 days prior to the effective date of the termination. CITY shall only convey to CORPORATION funds for work done prior to the effective date of termination. This Agreement may be terminated by any party upon 30 days written notice, served by mail or personal service, to all other parties. 9.7. 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: If directed to CITY, addressed to: City Clerk City of Bakersfield 1600 Truxtun Ave. Bakersfield, CA 93301 If directed to CORPORATION, addressed to: CEO/President of the Board United Way of Kern County 5405 Stockdale Highway, # 200 Bakersfield, California, 93309 9.8. 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. 9.9. 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 United Way Service Agreement and void without the need for further action by the non -assigning party or parties. 9.10. Negation of Partnership. CITY shall not become or be deemed a partner or joint venturer with CORPORATION or associate in any such relationship with CORPORATION by reason of the provisions of this Agreement. CORPORATION shall not for any purpose be considered an agent, officer or employee of CITY. 9.11. Conflicts of Interest. CORPORATION stipulates that corporately, or individually, the firm, its employees and sub -consultants have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement and funds provided for herein (California Government Code Section 1090). 9.12. Tax Numbers. "CORPORATION's" Federal Tax Identification No. 95-227-4560. "CORPORATION" is a corporation? Yes ✓ No (Please check one.) 9.13 HMIS Reporting Requirements. CONTRACTOR will collect and evaluate data to be entered into the Homeless Management Information System (HMIS). The data will be entered into a local HMIS using HUD's standards for participation. (the remainder of this page intentionally left blank) United Way Service Agreement 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 K. GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney II APPROVED AS TO CONTENT: DEVELOPMENT SERVICES DEPARTMENT 1.2 JACQUELYN R. KITCHEN Development Services Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director United Way Service Agreement 12 "CORPORATION" UNITED WAY OF KERN COUNTY President and CEO [,Ylj a Eq a EXHIBIT "A" HEAP STANDARD AGREEMENT m IFf I,Y� '� EXHIBIT "B" HOMELESS EMERGENCY AID PROGRAM GRANT UNITED WAY OF KERN COUNTY Purpose of Project: To address the Homeless Collaborative goal of providing permanent supportive housing and increasing access to housing by paying for move -in costs for at least 48 homeless youth. Description: The United Way of Kern County will use HEAP funding to pay move -in costs for homeless youth and contract with Housing Authority of the Kern for housing vouchers to provide supportive housing to homeless youth. Timeline: • Agreement Executed by CORPORATION: January 13, 2019 • CORPORATION /City Agreement to Council: January 23, 2019 • Agreement Executed by CITY: January 23, 2019 • CORPORATION Invoices CITY for Entire Agreement Amount: February 1, 2019 • City Disburses funds to CORPORATION: February 20, 2019 • Commence Work: February 1, 2019 • Submit Reports: Quarterly and Annually • Funds Fully Expended: December 30, 2020 • Submit Final Report: July 30, 2021 Budget: Homeless Youth Shelter Services: $62,388.00 Homeless Youth Admin and Reporting: $ 5,000.00 Program Total: $67,388.00 Eligible Expenses A total of SIXTY TWO THOUSAND, THREE HUNDRED EIGHTY-EIGHT DOLLARS ($62,388) may be used for eligible program costs. A maximum of FIVE THOUSAND DOLLARS ($5,000) may be used for administration and reporting requirements for the City of Bakersfield Youth Set -Aside HEAP Grant. An itemized invoice will need to be submitted by United Way to the CITY for payment. Disbursement of Funds: CORPORATION shall invoice City for the Homeless Youth and Program Administration funds in their entirety upon notification from City that the project agreement has been approved by City Council and fully executed. Data Submission Requirements and Timeline: CORPORATION shall submit quarterly and annual reports to the City on forms provided by The City: quarterly reports shall be submitted three months after the Subrecipient receives the disbursement of funds from CITY, and quarterly thereafter until all funds are expended; annual reports are due by November 1, 2019 and November 1, 2020. If the CORPORATION fails to provide such documentation, The City may disencumber any portion of the amount authorized by this Agreement with a 14 -day written notification. The Contractor shall also submit a final report by July 30, 2021. The quarterly and annual reports shall be detailed reports containing the following: 1. Contract expenditures. 2. Unduplicated number of homeless persons or persons at imminent risk of homelessness served. 3. Number of instances of service (defined in September 5, 2018 HEAP NOFA. 4. Increases in capacity for new and existing programs. (This item reported annually only). 5. The number of unsheltered homeless persons becoming sheltered. 6. The number of homeless persons entering permanent housing. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development (HUD): 1. Chronically homeless 2. Homeless veterans 3. Unaccompanied homeless youth 4. Homeless persons in families with children The CONTRACTOR will also be asked to comment annually on the following: 1. Progress made toward local homelessness goals. 2. The alignment between HEAP funding priorities and "Housing First" principles adopted by the Homeless Coordinating and Financing Council 3. Any other effects from HEAP funding. The CONTRACTOR further agrees to retain all records for a minimum period of five (5) years after the termination of this Agreement. Other Requirements HMIS CONTRACTOR will collect and evaluate Management Information System (HMIS). using HUD's standards for participation. data to be entered into the Homeless The data will be entered into a local HMIS Housing First Any housing -related activities funded with HEAP funds must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b). Im Exhibit "C" Activity Beneficiary Report Activity Beneficiary Table Total Population Unduplicated Persons Homeless persons or persons at imminent risk of homelessness served: Chronically Number of instances of service: Unaccompanied Number of unsheltered homeless persons becoming sheltered Number of homeless persons entering permanent housing Veterans Subarour)s 1. Please provide a detailed list of contract expenditures. 2. Please describe the increases in capacity for new and existing programs. 3. Progress made toward local homelessness goals. 4. How has your project aligned with HEAP funding priorities and "Housing First" principles adopted by the Homeless Coordinating and Financing Council 5. Please provide additional effects from HEAP funding that have come through implementation of the program. CORPORATION shall submit annual reports to the City by November 1, 2019, November 1, 2020 and submit a final report by July 30, 2021. Data should be supported by HMIS backup whenever possible. C-1 Chronically Homeless Unaccompanied Homeless Persons Homeless Veterans Homeless Youth in Families with Children Unduplicated Persons Homeless persons or persons at imminent risk of homelessness served: Number of instances of service: Number of unsheltered homeless persons becoming sheltered Number of homeless persons entering permanent housing 1. Please provide a detailed list of contract expenditures. 2. Please describe the increases in capacity for new and existing programs. 3. Progress made toward local homelessness goals. 4. How has your project aligned with HEAP funding priorities and "Housing First" principles adopted by the Homeless Coordinating and Financing Council 5. Please provide additional effects from HEAP funding that have come through implementation of the program. CORPORATION shall submit annual reports to the City by November 1, 2019, November 1, 2020 and submit a final report by July 30, 2021. Data should be supported by HMIS backup whenever possible. C-1 EXHIBIT "D" DRUG FREE WORKPLACE CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief, that: Corporation, representing the facility known as located at will continue to provide a drug- free workplace by meeting all standards and requirements of the Code of Federal Regulations, Part 24, Subpart F as follows: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Establishing an ongoing drug-free awareness program to inform employees about: (a)The dangers of drug abuse in the workplace; (b)The grantee's policy of maintaining a drug-free workplace; (c)Any available drug counseling, rehabilitation, and employee assistance programs; and (d)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1. 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4 (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. D-1 Vf /r ' as �a 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a)Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2,3,4,5, and 6. 8. This certification meets the objectives and requirements of the United States Department of Housing and Urban Development (HUD). President and CEO United Way of Kern County Dated: D-2 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Agreements o. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DAT E: 2/20/2019 VITI-11 N SUBJECT: Agreement with Brown Armstrong Accountancy Corporation ($58,000) for a full scope annual audit of the 2018-19 fiscal year. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In March 2017, a request for proposal for auditing services was posted on the City's online vendor and bid management system. Fourteen firms showed an interest in the process. Two firms submitted proposals which were reviewed by the Finance Department. Both firms met the experience requirements to perform the City's audit and were sent to the Budget and Finance Committee. The Budget and Finance Committee reviewed the proposals on April 27, 2017. The Budget and Finance committee recommended the selection of Brown Armstrong Accountancy Corporation to perform the annual audit work for the 2016-17 fiscal year ($51,300), with the option of up to four (4) one year extensions. The request for proposal issued contemplated a five-year commitment with the selected firm, with the Fiscal Year 2016-17 being the first year. A cost of living factor was built into the contract so that future year costs do not exceed Consumer Price Index (CPI) inflation measures, assuming no change in the scope of the audit and assuming no significant change in the audit workload as a result of Governmental Accounting Standards Boards (GASB) actions that might take place in the future. Due to the passage of Measure N, an agreed upon procedure (AUP) compliance audit will be required. Since Measure N will take effect in the final quarter of fiscal year 2018-19, the additional fees are $3,200 for the current fiscal year, and $6,600 for fiscal years 2019-20 and 2020-21. a The CPI for this contract period represents a 3.2% increase. When this CPI adjustment along with the additional AUP review for Measure N are applied to the year three contract amount, it results in an $4,900 increase from the prior year. The cost is budgeted as a "non -departmental" line item in the General Fund. A small portion of costs are charged to the Wastewater Enterprise Fund regarding a compliance review letter associated with the Sub -Regional Wastewater/ User Agency agreement. F-11 6 us] M I Llfi 14 LI h Description Type D /Wdt Seirvkes Contract Agireeirnent D /Wdt Cost PirqposaEkNbt D 20,17 AU6t Services RF P EkNbt Vf f [,7JJ a Le MA ,L AGREEMENT NO. CONSULTANT'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY" herein), and BROWN ARMSTRONG ACCOUNTANCY CORPORATION ("CONSULTANT" herein). RECITALS WHEREAS, the CITY issued a Request for Proposals in March 2017 and CONSULTANT has submitted a proposal concerning a full scope annual audit; and WHEREAS, the Budget and Finance Committee recommended CONSULTANT as provider of the City's audit services; and WHEREAS, CONSULTANT represents CONSULTANT is experienced, well qualified and a specialist in audit services; and WHEREAS, the CITY'S audit proposal contemplated a five year term beginning with the 2016-17 fiscal year, subject to annual review and satisfactory negotiation of terms (including a price acceptable to both the CITY and the selected firm); and WHEREAS, CONSULTANT is required and does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the CONSULTANT; and WHEREAS, Section 41 of the CITY Charter requires the Council to employ a certified public accountant to conduct an annual audit and the CITY does not have expertise currently on staff to conduct such large-scale audits; and WHEREAS, CONSULTANT is aware that information may come into CONSULTANT's possession which may impact the CITY's legal position in the event such information was released to outside parties; and WHEREAS, CITY desires to employ CONSULTANT to perform a full scope annual audit of the CITY for the 2018-19 fiscal year ended June 30, 2019 (year 3 of 5), as set forth herein; and CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 1 of 13 Pages -- /r; WHEREAS, the original year one contact amount was established at $51,300; and WHEREAS, with the passage of Measure N, which added a one percent transaction and use tax, the CITY is required by Section 3.38.090 of Ordinance 4958 to conduct an agreed upon procedure (AUP) compliance audit to account for tax revenues received and expenditures made in relation to the tax, and to ensure consistency with spending priorities; and WHEREAS, Measure N takes effect on the last quarter of the 2018-19 fiscal year; the additional fee for AUP compliance audit is $3,200; and WHEREAS, the contract amount for year three of five is proposed to increase by the consumer price index (CPI) as described in the contract, which for this contract period represents a 3.2% increase; and WHEREAS, this CPI adjustment is to be applied to the adjusted year two contract amount of $53,100; which when combined with the additional AUP compliance audit results in an increase of $4,900 from the prior year; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: performance of a full scope annual audit. The scope of work shall include all items contained in CONSULTANT's Proposal and CITY's Request for Proposals, marked as Exhibits "A" and "B" respectively, and attached hereto and incorporated by reference as though fully set forth herein. CONSULTANT's services will include all the procedures necessary to properly complete the task CONSULTANT has been hired to perform whether specifically included in the scope of work or not. (The CITY does not anticipate any activity in the CITY's Public Financing Authority for the audit year 2018-19.) 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Fifty-eight Thousand Dollars ($58,000) which shall be paid as follows: in increments as set forth in paragraph 3 and upon completion to the satisfaction of the CITY, of those items described in CONSULTANT's proposal. 2.1 At the completion of each of the items, all documents shall have been completed by CONSULTANT, and shall be submitted to CITY by CONSULTANT. Three (3) copies of each document shall be included in the compensation set forth herein. Upon the review and approval of CITY staff of the CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 2 of 13 Pages -- CONSULTANT's work and submission of an invoice as set forth herein, the sums stated above shall be paid. 2.2 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. CONSULTANT shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of CONSULTANT's itemized invoice. Ten percent (10%) shall be withheld from each payment pending delivery of the firm's final reports. 4. STARTING WORK. 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 CONSULTANT and CITY. 5. KEY PERSONNEL. At request of CITY, CONSULTANT shall name all key personnel to be assigned to the work set forth herein. 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 right to approve key personnel. Once the key personnel are approved CONSULTANT shall not change such personnel without the written approval of 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. TITLE TO DOCUMENTS. All working papers and related documents prepared by CONSULTANT shall remain property of CONSULTANT. All working papers and related documents must be retained by CONSULTANT, at the CONSULTANT's own expense, for a minimum of five (5) years, unless the firm is notified in writing by the CITY of the need to extend the retention period. CONSULTANT will be required to make working papers available, only upon written request by the CITY. In addition, CONSULTANT shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. All other documents, reports and other papers that may become part of CITY financial reports, or copies thereof, prepared by CONSULTANT pursuant to the CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 3 of 13 Pages -- terms of this Agreement, shall, upon preparation, become the property of the CITY. 8. LICENSES. CONSULTANT shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONSULTANT to practice its profession. 9. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT will be dealing with information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents CONSULTANT prepares and confidential information given to CONSULTANT under this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 9.1 No information shall be considered "confidential" for purposes of this Agreement, however, unless so identified in writing by one of the authorized CITY representatives, identified on page 8 of the RFP pertaining to "Irregularities and illegal acts," and served upon CONSULTANT. If the non -disclosure of such confidential information would cause the pertinent financial statements (including footnotes) to be materially misleading or would compel CONSULTANT'S breach of professional and/or legal standards to which it is subject, then CONSULTANT shall be entitled to withdraw with full compensation paid to it by CITY for the value of the services rendered by CONSULTANT to the date of withdrawal. 9.2 CITY acknowledges that CONSULTANT is required to comply with the provisions of Statement of Auditing Standards No. 99 (SAS 99), pertaining to potentially fraudulent or abusive circumstances within the City operations. Notwithstanding any other provision to the contrary in this Agreement, the parties agree to the following in connection with CONSULTANT'S SAS 99 work: 9.2.1 Information obtained by CONSULTANT from individuals who provide information to CONSULTANT on the condition that their identity be protected from disclosure (Confidential Informants) shall only be disclosed by CONSULTANT without court order if the Confidential Informant's identity can be reasonably protected from disclosure. Such information and the identity of the Confidential Informant shall be confidential trade secrets of CONSULTANT, and shall be privileged information of CONSULTANT as between the parties, and shall not be subject to disclosure except upon lawful subpoena and in compliance with CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 4 of 13 Pages -- the procedures for the protection of trade secrets set forth in California Code of Civil Procedure Section 2019(d). 9.2.2 CONSULTANT shall be entitled to report to the three members of the Budget and Finance Committee specified on page 8 of the RFP, or their successors, any matter requiring disclosure under SAS 99. Such persons are designated as the exclusive CITY authorized representatives for these purposes. However, if the report involves one of these authorized representatives then CONSULTANT shall bear no responsibility for not reporting the SAS 99 information to such individual; provided that CONSULTANT reports to the other individuals not implicated. If all three persons are implicated then CONSULTANT shall be entitled to report its findings directly to the city council. 10. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by CONSULTANT shall be prohibited unless authorized by CITY. 11. 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. 12. 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. 13. 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. 14. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California 93301 CONSULTANT: BROWN ARMSTRONG 4200 Truxtun Avenue, Suite 300 CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 5 of 13 Pages -- Bakersfield, CA 93309 15. 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. 16. 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. 17. 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. 18. 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. 19. CONFLICTS OF INTEREST. CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement. 20. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 21. 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. CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 6 of 13 Pages -- 22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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. 23. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on March 31, 2020. 24. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the "Notices" paragraph of this Agreement. In the event of early termination, CONSULTANT shall be compensated only for work satisfactorily completed up to the date of termination and delivered to and accepted by CITY. 25. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at CONSULTANT's sole cost, comply with all of the requirements of Municipal, State and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 26. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the service of CONSULTANT as an independent contractor. CONSULTANT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONSULTANT other than that of an independent contractor. 27. DIRECTION. CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 28. EQUIPMENT. CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 29. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 7 of 13 Pages -- 29.1 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 29.2 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: 29.2.1 Provide coverage for owned, non -owned and hired autos. 29.3 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: 29.3.1 Provide contractual liability coverage for the terms of this Agreement. 29.3.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 29.3.3 All policies shall be written on a first -dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, 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. 29.4 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. CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 8 of 13 Pages -- 29.5 Except for professional liability, all policies required of the CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees or 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 CONSULTANT's insurance and shall not contribute with it. 29.6 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-insurance 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. 29.7 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. 29.8 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. 29.9 The CONSULTANT shall furnish the CITY's 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. 29.10 Full compensation for all premiums which the CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under this Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 29.11 It is further understood and agreed by the CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONSULTANT in connection with this Agreement. CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated - April 27, 2017 -- Page 9 of 13 Pages -- [ffiffiPjLdMA 'a 'a , 29.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONSULTANT. 30. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from CONSULTANT, and CONSULTANT shall pay on demand, all costs of notification. 31. INDEMNITY. 31.1 CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONSULTANT, CONSULTANT's employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 31.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the 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 CONSULTANT. 32. 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. is: 33. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY Nelson Smith, Finance Director CITY OF BAKERSFIELD 1600 Truxtun Avenue Bakersfield, California 93301 Telephone (661) 326-3740 CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 10 of 13 Pages -- CONSULTANT's Project Manager shall be: Eric H. Xin, Certified Public Accountant BROWN ARMSTRONG ACCOUNTANCY CORPORATION 4200 Truxtun Avenue, Suite 300 Bakersfield, CA 93309 Telephone (661) 324-4971 33.1 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and CONSULTANT. It is expressly understood that only the City Council 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. 34. ACCOUNTING RECORDS. CONSULTANT shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 35. TAX NUMBERS. CONSULTANT's Federal Tax ID Number 95-3109182 CONSULTANT is a corporation? Yes _X No (please check one) 36. NON-INTEREST. No officer or employee of CITY shall hold any interest in this Agreement (California Government Code section 1090). 37. 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. CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 11 of 13 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written. "CITY" "CONSULTANT" CITY OF BAKERSFIELD BROWN ARMSTRONG ACCOUNTANCY CORP KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney II Insurance: in Print Nam Title: Additional Signatures on Following Page CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated - April 27, 2017 -- Page 12 of 13 Pages -- APPROVED AS TO CONTENT: FINANCE DEPARTMENT 1.2 RANDY MCKEEGAN Assistant Finance Director COUNTERSIGNED: NELSON SMITH Finance Director Attachments: Certificates of Insurance Attachment: Exhibit "A" Exhibit "B" CONSULTANT'S AGREEMENT C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8167D6E2-27E7-4843-9268-EC3EED1B8DA9\Bakersfield.14693.1.Audit_Services_2019.docx Updated — April 27, 2017 -- Page 13 of 13 Pages -- 11 A ".., F. 3/06/19 CC AGENDA PACKET PG 312 Rill( WN RM, S T R0.1'�sl .. .. . ..... G ........... 11 1 OW" " — W i rotal AHLncIII usiiive 1\1aximur''n 13irice a) Name of Firm: Brown Armstrong Accountancy Corporation b) Certification: Brown Armstrong certifies that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign a contract with the City of Bakersfield (the City). c) Total All -Inclusive Maximum Annual Price The total all-inclusive maximum price contains all direct and indirect costs, including all out-of-pocket expenses. The total all-inclusive maximum price, broken down by fiscal year, is as follows: Financial Statements Full Scope City of Bakersfield - Comprehensive Annual Financial Report and Management Letter 41,610 Public Finance Authority - Annual Financial Report 4,500 Single Audit 7,080 Gann Limit 790 Wastewater Management Plan 1,820 Total 55,800 BROWN ARMSTRONG Certified Public Accountants Providing Auditing & Accounting Services for Over 40 Years Vf f [,Ylj a Le MA ,L 2.Rates IIS y Paftarier, Speda�lst, St,jpervisury &rid Staff L_ev6I Positior is Tirnes HOUrs Anticipated for" �Each The schedules of professional fees and expenses below provide the staff levels, hours assigned to these levels, and the assigned hourly rates. SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016-2017 FZNANCZAL STATEMENTS TOTAL ALL SE VICES Standard Quoted Hourly Hourly Hours Rates Rates Total Partners 43 $ 250 $ 160 6,880 Managers 63 200 120 7,560 Supervisory Staff 172 130 90 15,480 Staff 354. 100 70 24,780 Other (Clerical) 22 70 50 1,100 Subtotal 654 $ 55,800 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) 55,800 Out-of-pocket expenses: Meals and lodging Transportation Other (specify) - Total all-inclusive maximum price: $ 55,800 BROWNARMSTRONG Certified Public Accountants 2 Providing Auditing & Accounting Services for Over 40 Years 03106119 CC AGENDA PACKET PG 314 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016-2017 FZNANCZAL STATEMENTS: COMBZNZNG SCHEDULE — ALL SERVZCES Aature of Service To Be Provided Schedule Total Price • City of Bakersfield - Comprehensive Annual Financial Report and Management Letter Public Finance Authority - Annual Financial Report Compliance Audit: Single Audit Waste water Management Plan Gann Limit Total rk", R 0 W NARMSTRONG Certified Public Accountants 3 1 $ 41,610 2 4,500 3 7,080 4 1,820 5 790 55,800 Providing Auditing & Accounting Services for Over 40 Years 03106119 CC AGENDA PACKET PG 315 SCHEDULE % O; ;;• AND EXPENSES FOR THE AUDZT OF THE 2016-2017 FZNANCZAL STATEMENTS SUPPORTZNG SCHEDULE • COMPREHENSZVE ANNUAL FZNANCZAL REPORT AND MANAGEMENT LETTE.1 SCHEDULEI Hours Standard Hourly Rates Partners 29 $ Managers 39 Supervisory Staff 138 Staff 276® Other (Clerical) 11 Subtotal 493 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) Out-of-pocket expenses: Meals and lodging Transportation Other (specify) Total all-inclusive maximum price: BROWNARMSTRONC Il 250 $ 200 130 100 70 Quoted Hourly Rates Total 160 $ 4,640 120 4,680 90 12,420 70 19,320 50 550 41,610 41,610 $ 41,610 Providing Auditing & Accounting Services for Over 40 Years 03/06/19 CC AGENDA PACKET PG 316 SUPPORTZNG SCHEDULETHE ANNUAL PUBLZC FZNANCE AUTHORZTY SCHE ULE Standard Quoted Hourly Hourly Hours Rates Rates Total Partners 4 $ 250 $ 160 $ 640 Managers 9 200 120 1,080 Supervisory Staff 10 130 90 900 Staff 24 100 70 1,680 Other (Clerical) 4 70 50 200 Subtotal 51 4,500 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) 4,500 Out-of-pocket expenses: Meals and lodging - Transportation - Other (specify) - Total all-inclusive maximum price: $ 4,500 BROWN ARMSTRONG Certified Public Accountants 5 Providing Auditing & Accounting Services for Over 40 Years 03/06/19 CC AGENDA PACKET PG 317 SCHEDULE OF PROFESSZONAL FEES AND EXPENSES OR THE iii Dj OF THE i lfly' 0 FZNANCZAL STATEMENTS SUPPOR �x 1 9SCHEDULE�; GI' j SCHEDULE 1 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) 7,080 Out-of-pocket expenses: Meals and lodging - Transportation - Other (specify) - Total all-inclusive maximum price: $ 7,080 BROWNARMSTRONG Providing Auditing & Accounting Accountants Certified PublicAccountantsServices for Over 40 Years 03/06/19 CC C i 31 Standard Quoted Hourly Hourly Hours Rates Rates Total Partners 8 $ 250 $ 160 $ 1,280 Managers 11 200 120 1,320 Supervisory Staff 18 130 90 1,620 Staff 38 100 70 2,660 Other (Clerical) 4 70 50 200 Subtotal 79 7,080 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) 7,080 Out-of-pocket expenses: Meals and lodging - Transportation - Other (specify) - Total all-inclusive maximum price: $ 7,080 BROWNARMSTRONG Providing Auditing & Accounting Accountants Certified PublicAccountantsServices for Over 40 Years 03/06/19 CC C i 31 Partners 1 ¢ Managers 3 Supervisory Staff 4.— Staff Staff 12 Other (Clerical) 2 Subtotal 22 Total for Services Described in Section ll B & D of the RFP (Detail on subsequent pages) Out-of-pocket expenses: Meals and lodging Transportation Other (specify) Total all-inclusive maximum price: W40 19,171 MMel VA 70 360 360 840 100 1,820 1,820 - Providing Auditing & Accounting Jervicnu6orOver 40Years 03106119 CC AGENDA PACKET PG 319 SCHEDULE i' i I i •i 14 i/ ', ill I AND EXPENSES P FOR THE �'�; ,� f OF THE /. 2'6it SCHEDULE ,l 1 .,.. Ift9 'v'.,. Op Ail✓ R ' a 4i -fiffiffiPIALPJA ijaka Quoted Hourly Rates Total $ 160 $ 160 120 120 90 180 70 280 50 50 790 790 $ 790 Providing Auditing & Accounting Services for Over 40 Years 03/06/19 CC AGENDA PACKET PG 320 Standard Hourly Hours Rates Partners 1 $ 250 Managers 1 200 Supervisory Staff 2 130 Staff 4 100 Other (Clerical) 1 70 Subtotal 9 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) Out-of-pocket expenses: Meals and lodging Transportation Other (specify) Total all-inclusive maximum price: Ift9 'v'.,. Op Ail✓ R ' a 4i -fiffiffiPIALPJA ijaka Quoted Hourly Rates Total $ 160 $ 160 120 120 90 180 70 280 50 50 790 790 $ 790 Providing Auditing & Accounting Services for Over 40 Years 03/06/19 CC AGENDA PACKET PG 320 3. Otk,,of-I�)ocket Expe�iises lncW(Jed 'in the I otal AH,,,JnCl Usiii ve 1A a x i �n � jiiirn Phce and IR6flbwseiirneiiit Rates All Out-of-pocket Expenses Included in the Total All-inclusive Maximum Price and Reimbursement Rates are indicated in the respective schedules. 4. Rates for Additiona�I Nessiii u'4I Services We do not anticipate that additional services will be necessary to complete the audit. If it should become necessary for the City to request Brown Armstrong to render any additional services to either supplement the services requested in the Request for Proposal, or to perform additional work as a result of the specific recommendations included in any report issued on this engagem- .•• • additional work shall be performed only if set forth in an amendmenj to the contract between the City and the Firm. Any such additional work agreed to between the City and the Firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the sealed dollar cost bid. 5. Mamier (")f Payrnent Brown Armstrong agrees to progress payments on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with our dollar cost bid proposal. Interim billings shall cover a period of not less than a calendar month. Interim billings shall cover a period of not less than a calendar month. We understand that 10% may be withheld from each billing pending delivery of the firm's final reports. BROWNARMSTRONG Certified Public Accountants Providing Auditing & Accounting Services for Over 40 Years M, I I ff 0 fp, r REQUEST FOR PROPOSALS m PROFESSIONAL AUDITING SERVICES February 22, 2017 1600 Truxtun Avenue Bakersfield, CA 93301 W f L [,Ylj R Kj MA , City of Bakersfield REQUEST FOR PROPOSALS TABLE OF CONTENTS INTRODUCTION A. General Information B. Term of Engagement II. NATURE OF SERVICES REQUIRED A. General B. Scope of Work to be Performed C. Auditing Standards to be Followed D. Reports to be Issued E. Special Considerations F. Working Paper Retention and Access to Working Papers III. DESCRIPTION OF THE GOVERNMENT A. Name and Telephone Number of Contact Persons/Organizational Chart/Location of Offices B. Background Information C. Fund Structure D. Budgetary Basis of Accounting E. Pension Plans F. Component Units G. Joint Ventures H. Magnitude of Finance Operations I. Computer Systems J. Availability of Prior Reports and Working Papers IV. TIME REQUIREMENTS A. Proposal Calendar B. Notification and Agreement Dates C. Date Audit May Commence D. Schedule for the 2016-2017 Fiscal Year Audit 1. Interim Work 2. Detail Audit Plan and Programs 3. Fieldwork 4. Draft Reports E. Entrance Conferences, Progress Reporting and Exit Conferences F. Date Final Report is Due V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance B. Information Technology Service (IT) Assistance C. Statements and Schedules to be Prepared by the Staff of the City of Bakersfield D. Work Area, Telephone, Photocopying and FAX Machines E. Report Preparation VI. PROPOSAL REQUIREMENTS A. General Requirements 1. Submission of Notification of Interest 2. Inquiries 3. Submission of Proposals B. Technical Proposal 1. General Requirements 2. Independence 3. License to Practice in California 4. Firm Qualifications and Experience 5. Partner, Supervisory and Staff Qualifications and Experience 6. Prior Engagements with the City of Bakersfield 7. Similar Engagements with Other Government Entities 8. Specific Audit Approach 9. Identification of Anticipated Potential Audit Problems 10. Report Format Vf [,Ylj a Eq MA 'a �, C. Sealed Dollar Cost Bid 1. Total All -Inclusive Maximum Price 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each 3. Out-of-pocket Expenses in the Total All-inclusive Maximum Price and Reimbursement Rates 4. Rates for Additional Professional Services 5. Manner of Payment VII. EVALUATION PROCEDURES A. Audit Committee B. Review of Proposals C. Evaluation Criteria 1. Mandatory Elements 2. Technical Qualifications 3. Price D. Oral Presentations E. Final Selection F. Right to Reject Proposals APPENDICES A. Management Letter for June 30, 2016 audit B. Organizational Chart C. List of Key Personnel, Office Locations and Telephone Numbers D. Proposing Firm Guarantees E. Proposing Firm Warranties F. Format for Schedule of Professional Fees and Expenses to Support the Total All -Inclusive Maximum Price G. Copy of City Policy Regarding Selection of Auditors 03/06/19 CC AGENDA PACKET PG 325 City of Bakersfield REQUEST FOR PROPOSALS INTRODUCTION A. General Information The City of Bakersfield is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal year ending June 30, 2017, with the option of auditing its financial statements for each of the four (4) subsequent fiscal years. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accountability Office's (GAO) Government Auditing Standards (201 1) issued by the Comptroller General of the United States, the provisions of the federal Single Audit Act of 1984 (as amended in 1996) and the associated requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). There is no expressed or implied obligation for the City of Bakersfield to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered, five (5) copies of a proposal must be addressed to Randy McKeegan and RECEIVED at the Finance Department at 1600 Truxtun Avenue, Bakersfield, CA 93301 by 5:00 p.m. on March 31, 2017. The City of Bakersfield reserves the right to reject any or all proposals submitted. Proposals submitted will be evaluated by City staff with recommendation for the City Council. During the evaluation process, the Audit Committee and the City of Bakersfield reserve the right, where it may serve the City of Bakersfield's best interest, to request additional information or clarifications from proposing firms, or to allow corrections of errors or omissions. At the discretion of the City of Bakersfield, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City of Bakersfield reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates E acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Bakersfield and the firm selected. It is anticipated the selection of a firm will be completed by April 7, 2017. Following the notification of the selected firm it is expected a contract will be in final form with insurance certificates on file by April 28, 2017 with City Council approval of the contract scheduled for May 10, 2017. B. Term of Engagement A five (5) year commitment is contemplated (in the form of five separate one year agreements), subject to the annual review and recommendation of City staff, the satisfactory negotiation of terms (including a price acceptable to both the City of Bakersfield and the selected firm), the concurrence of the City Council and the annual availability of an appropriation. If any of the above criteria cannot be satisfied, the City retains the right to give a thirty (30) day cancellation notice. The compensation for audit reports for fiscal years subsequent to 2016-17 shall be adjusted annually by the cost of living increase reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index according to the percentage of difference between the cost of living factor reflected by such publication for the month of January for the fiscal year under consideration and the cost of living factor reflected by the publication for the month of January of the year before. II. NATURE OF SERVICES REQUIRED A. General The City of Bakersfield is soliciting the services of qualified firms of certified public accountants to audit its financial statements for the fiscal year ending June 30, 2017, with the option to audit the City of Bakersfield's financial statements for each of the four (4) subsequent fiscal years. These audits are to be performed in accordance with the provisions contained in this request for proposals. D B. Scope of Work to be Performed The City of Bakersfield desires the auditor to express an opinion on the fair presentation of its government wide and fund financial statements in conformity with generally accepted accounting principles. Also refer to exhibit `G' for Council policy on audit reporting. Full Scope: The City of Bakersfield desires the auditor to express an opinion on the fair presentation of its basic financial statements, but also the fair presentation of the financial statements of individual funds and component units, in conformity with generally accepted accounting principals and government auditing standards. If applicable, the auditor is to provide an "in -relation -to" report on any supporting schedules based on the auditing procedures applied during the audit of the basic financial statements and the individual fund financial statements, component units and other schedules. The auditor is not required to audit the statistical section of the report. C. Auditing Standards To Be Followed To meet the requirements of this request for proposals, the audit shall be performed in accordance with generally accepting auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the Government Auditing Standards (201 1) issued by the Comptroller General of the United States, the provisions of the federal Single Audit Act of 1984) and the associated requirements of the Uniform Guidance. D. Reports to be Issued Upon completion of the audit for each fiscal year the auditor shall issue the following reports: An audit opinion on the fair presentation of the City's Comprehensive Annual Financial Report (CAFR) in conformity with generally accepted accounting principles. This opinion should be compliant with all provisions of GASB pronouncements. 7 2. All reports required for compliance with the provisions of the federal Single Audit Act of 1984 and the associated requirements of the Uniform Guidance. 3. A report of Agreed -Upon Procedures relative to the City's calculation of its Appropriation Limit in accordance with the Article XIIIB Appropriations Limit Uniform Guidelines and as mandated by the California Constitution. 4. A report of Agreed -Upon Procedures relative to the City's Sub - regional Wastewater Management Plan. 5. An audit report for the Bakersfield Public Finance Authority. Please note, for past several fiscal years this report has not been required due to lack of activity. However, the activation of the PFA is anticipated within this five year period. In the required report[s] on compliance and internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non -reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the report[s] on compliance and internal controls. The report on compliance and internal controls shall include all material instances of noncompliance. All non -material instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance and internal controls. Irregularities and illegal acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: Alan E. Tandy, City Manager Virginia Gennaro, City Attorney Nelson K. Smith, Finance Director Reporting to the Budget and Finance Committee. Auditors shall assure themselves that the City of Bakersfield is informed of each of the following: The auditor's responsibility under generally accepted auditing standards 2. Significant accounting policies 3. Management judgments and accounting estimates 4. Significant audit adjustments 5. Other information in documents containing audited financial statements 6. Disagreements with management 7. Management consultation with other accountants 8. Major issues discussed with management prior to retention 9. Difficulties encountered in performing the audit E. Special Considerations The City of Bakersfield will send its comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will be required to provide special assistance to the City of Bakersfield to meet the requirements of that program. 2. The City of Bakersfield has determined that the State Department of Transportation will function as the cognizant agency in accordance with the provisions of the Single Audit Act of 1984 and the associated requirements of the Uniform Guidance. 3. The City of Bakersfield currently anticipates it will prepare one or more official statements in connection with the sale of debt securities which will contain the basic financial statements and the auditor's report thereon. The auditor shall be required, if requested by the fiscal advisor and/or the 0 underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters." 4. The City may also require special consulting services such as federal tax advice regarding the payroll of the City. Any charge for such services should be negotiated separately. 5 The Schedule of Expenditures of Federal Awards (Single Audit) and related auditor's report, as well as the reports on compliance and internal controls are not to be included in the comprehensive annual financial report, but are to be issued separately. 6 A Management Letter listing of findings and other weaknesses from the City of Bakersfield's most recent financial statement audit, as well as a list of findings from internal audits conducted during the most recent fiscal period to be audited, are attached to this document (Appendix A). There were no reportable findings during the 2015-16 fiscal year audit. F. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of five (5) years, unless the firm is notified in writing by the City of Bakersfield of the need to extend the retention period. The auditor will be required to make working papers available, only upon written request by the City's Finance Director. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. DESCRIPTION OF THE GOVERNMENT A. The auditor's principal contact with the City of Bakersfield will be Sandra Jimenez, Assistant Finance Director, or a designated representative, who will coordinate the assistance to be provided by the City of Bakersfield to the auditor. An organizational chart (Appendix B) and a list of key personnel with the location of their principal offices (Appendix C) are attached. 10 B. Background Information The City of Bakersfield serves an area of 150 square miles with a population of approximately 380,000. The City of Bakersfield's fiscal year begins on July 1 and ends on June 30. The City of Bakersfield provides the following services to its citizens: 1. Fire and Police Protection 2. Streets and Infrastructure Maintenance 3. Planning and Community Development 4. Parks and Recreation Services 5. Water Utility 6. Municipal Airpark - General Aviation 7. Refuse Collection 8. Wastewater Treatment The City of Bakersfield has a total personnel cost of approximately $193 million covering a compliment of 1,520 employees. The City of Bakersfield operates under a Council -Manager form of government and is organized into eight (8) departments and agencies. The accounting and financial reporting functions of the City of Bakersfield are centralized. 11 C. Fund Structure The City of Bakersfield currently uses the following fund types and account groups in its financial reporting: Fund Type General fund Number of Funds Number of Funds with Legally Adopted Annual Budgets Special Revenue 8 8 Debt Service 1 1 Capital Project 4 4 Permanent 0 0 Enterprise 6 0 Internal Service 2 2 Pension Trust 2 0 Investment Trust 0 0 Private Purpose Trust 2 0 Agency 1 0 D. Budgetary Basis of Accounting The City of Bakersfield prepares its budgets on a basis consistent with generally accepted accounting principles. E. Pension Plans The City of Bakersfield participates in the following pension plans: State of California - Public Employee Retirement System (PERS) - (multiple employer defined benefit pension plan) Actuarial services for these plans are provided by State of California (PERS). F. Component Units The City of Bakersfield is defined, for financial reporting purposes, in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2100. Using these criteria, component units are included in the City of Bakersfield's financial statements. 12 Public Finance Authority** ** Authority is expected to be reactivated. The successful audit firm will be expected to provide an opinion on each Component Unit Financial Statement, as well as Compliance Reports. The component units are to be audited as part of the audit of the City of Bakersfield's financial statements. Costs of audit services should be segmented to allow for inclusion or removal during the five year period. G. Joint Ventures The City of Bakersfield does participate in joint ventures with other governments. NAME OF NAME OF OTHER TYPE OF JOINT VENTURE PARTICIPATING GOVERNMENT(S) SERVICES PROVIDED Authority for City of: Self Insurance for California Cities Anaheim liability and Joint Excess Liability Burbank Purchase for (ACCEL) Modesto Workers Modesto Insurance Monterey Mountain View Ontario Palo Alto Santa Barbara Santa Cruz Santa Monica Visalia 13 I J. Magnitude of Finance Operations The finance department is headed by Nelson K. Smith, Finance Director and consists of thirty (32) employees. The principal functions performed and the number of employees assigned to each are as follows: Function Administration/Property Mgmt Accounting Treasury Purchasing Computer Systems Number of Employees 5 16 8 3 The City of Bakersfield maintains its major financial accounting systems operate on an IBM AS400 based system using Naviline software from Sungard Public Sector. Availability of Prior Audit Reports and Working Papers Interested proposing firms who wish to review prior years' audit reports and management letters should contact Sandra Jimenez at (661) 326-3031. The City of Bakersfield will use its best efforts to make prior audit reports and supporting working papers available to proposing firms to aid their response to this request for proposals. IV. TIME REQUIREMENTS 0 Proposal Calendar The following is a list of key dates up to and including the date proposals are due to be submitted: Request for proposal issued Due date for proposals Notification and Agreement Dates Recommendation/Interviews with Budget and Finance Committee 14 February 28, 2017 March 31, 2017 April 14, 2017 Deadline for signed contract and April 28, 2017 Insurance certificates Agreement date - Council Approval May 10, 2017 C. Date Audit May Commence Interim work may begin as soon as the contract is fully executed by the City. The City will have all records ready for audit and all management personnel available to meet with the firm's personnel on or about September 18, 2017. D. Schedule for the 2016-2017 Fiscal Year Audit (A similar time schedule will be developed for audits of future fiscal years if the City of Bakersfield exercises its option for additional audits). Each of the following should be completed by the auditor no later than the dates indicated. Interim Work The auditor shall complete interim work by June 30, 2017. 2. Detailed Audit Plan The auditor shall provide City of Bakersfield by July 14, 2017 both a detailed audit plan and a list of all schedules to be prepared by the City of Bakersfield. 3. Fieldwork The auditor shall complete all fieldwork by October 20, 2017. 4. Draft Reports The auditor shall have drafts of the audit report[s] and recommendations to management available for review by the Finance Director by November 10, 2017. E. Entrance Conferences, Progress Reporting and Exit Conferences (A similar time schedule will be developed for audits of future fiscal years if the City of Bakersfield exercises its option for additional audits). 15 At a minimum, the following conferences should be held by the dates indicated on the schedule: Entrance conference with Finance Director June 1, 2017 Entrance conference with all key finance department personnel and department heads of key offices or programs June 1, 2017 - The purpose of this meeting will be to discuss prior audit problems and the interim work to be performed. This meeting will also be used to establish overall liaison for the audit and to make arrangements for work space and other needs of the auditor Progress conference with Finance Director and Assistant Finance Director June 30, 2017 - The purpose of this meeting will be to summarize the results of the preliminary review and to identify the key internal controls or other matters to be tested Entrance conference with Finance Director to commence year-end audit work September 25, 2017 Exit conference with Finance Director and department heads of key offices or programs October 20, 2017 - The purpose of this meeting will be to summarize the results of the field work and to review significant findings 16 In addition, the auditor shall provide written reports on the progress of the audit on the following dates: September 25, 2017 October 20, 2017 F. Date Final Report is Due (Comprehensive Annual Financial Report Only) The City Finance Department shall prepare draft financial statements, related notes and all required supplementary schedules (and statistical data) by October 31, 2017. The auditor shall provide all recommendations, revisions and suggestions for improvement to the Finance Director by November 14, 2017. A final report will be delivered to the printer by the City on or about November 30, 2012. The printed CAFR will be submitted to the City Council for their review and acceptance at the next available Council meeting date. During the period of October 20, 2017 to October 31, 2017 the auditor should be available for any meetings that may be necessary to discuss the audit reports. Once all issues for discussion are resolved, the auditor will be given a final draft of the report. It is anticipated that this process will be completed and the final report delivered to the printer by November 30, 2017. The Single Audit report and any other remaining reports are to be completed by January 31, 2018. V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance The finance department staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City of Bakersfield. City staff will prepare trial balances and other supporting schedules that are to remain the property of the City but will be available to auditors. 17 B. Technology Services (TS) Assistance The Technology Services staff, equipment and generalized user software have not been used in the past for auditing purposes. However, the City is willing to commit a reasonable amount of computer time to assist an audit program. This assistance may vary depending on computer time available. TS personnel will also be available to provide systems documentation and explanations. C. Statements and Schedules to be prepared by the Staff of the City of Bakersfield The staff of City of Bakersfield will prepare the following statements and schedules for the auditor by the dates indicated: Statement or Schedule Date Trial Balance: All Funds September 20 Accounts Payable Reconciliation September 20 Property Tax Reconciliation September 20 Compensated Absences September 20 Federal Financial Assistance September 20 Interest Allocation September 20 Bank Transfers September 20 Appropriations Reconciliation September 20 Government Wide Statements October 20 Statistical Schedules October 20 D. Work Area, Telephones, Photocopying and FAX Machines The City of Bakersfield will provide the auditor with reasonable work space, desks and chairs. The City Finance Department uses a "flex- time" schedule for its employees; therefore, the Finance offices may be available for 9 hour workdays, from 7:30 a.m. to 5:30 p.m. (except for Fridays, which would be 5:00 p.m.). The auditor will also be provided with access to photocopying facilities and FAX machines. E. Report Preparation Financial statement preparation and printing shall be the responsibility of the City of Bakersfield. The auditor will be responsible as editing and proofing the final draft CAFR. IN VI. PROPOSAL REQUIREMENTS A. General Requirements Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals must be made to either: Randy McKeegan, Accounting Supervisor 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3030 or Sandra Jimenez, Assistant Finance Director 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3031 CONTACT WITH PERSONNEL OF THE CITY OF BAKERSFIELD OTHER THAN SANDRA JIMENEZ, RANDY MCKEEGAN, OR NELSON K. SMITH REGARDING THIS REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. 2. Submission of Proposals The following material is required to be received by March 31, 2017 for a proposing firm to be considered: a. A master copy (so marked) of a Technical Proposal and six (4) copies to include the following: i. Title Page Title page showing the request for proposals subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. 19 ii. Table of Contents iii. Transmittal Letter A signed letter of transmittal briefly stating the proposing firm's understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for one hundred and twenty days (120) days. iv. Detailed Proposal The detailed proposal should follow the order set forth in Section VI B of this request for proposals. V. Executed copies of Proposing Firm Guarantees and Proposing Firm Warranties, attached to this request for proposal (AI212endix D and A1212endix E) b. The proposing firm shall submit one (1) original and one (1) copy of a dollar cost bid in a separate sealed envelope marked as follows: SEALED DOLLAR COST BID PROPOSAL FOR City of Bakersfield FOR PROFESSIONAL AUDITING SERVICES 2016-2017 C. Proposing firms should send the completed proposal, with the sealed dollar cost bid in a separate enclosed envelope, to the following address: City of Bakersfield Finance Dept. - Attn: Sandra Jimenez 1600 Truxtun Avenue Bakersfield, CA 93301 20 B. Technical Proposal General Requirements The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Bakersfield in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements. THERE SHOULD BE NO DOLLAR UNITS OR TOTAL COSTS INCLUDED IN THE TECHNICAL PROPOSAL DOCUMENT. The Technical Proposal should address all the points outlined in the request for proposals (excluding any cost information which should only be included in the sealed dollar cost bid). The Proposal should be prepared simply and economically, providing a straightforward, concise description of the proposing firm's capabilities to satisfy the requirements of the request for proposals. While additional data may be presented, the following subjects, items Nos. 2 through 10, must be included. They represent the criteria against which the proposal will be evaluated. 2. Independence The firm should provide an affirmative statement that it is independent of the City of Bakersfield as defined by the U.S. General Accounting Office's Government Auditing Standards (1994)] The firm also should provide an affirmative statement that it is independent of all of the component units of the City of Bakersfield as defined by those same standards. The firm should also list and describe the firm's (or proposed subcontractors') professional relationships involving the City of Bakersfield or any of its component units or primary government for the past five (5) years, together with a 21 statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City of Bakersfield written notice of any professional relationships entered into during the period of this agreement. 3. License to Practice in California An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in California. 4. Firm Qualifications and Experience The proposing firm should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part- time basis. If the proposing firm is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. The firm is also required to submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific government engagements. The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. 22 5. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is registered or licensed to practice as a certified public accountant in California. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the term of the agreement will be assured. The proposing firm should identify the extent to which staff to be assigned to the audit reflect the City of Bakersfield's commitment to Affirmative Action. Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City of Bakersfield. However, in either case, the City of Bakersfield retains the right to approve or reject replacements. Consultants and firm specialists mentioned in response to this request for proposal can only be changed with the express prior written permission of the City of Bakersfield, which retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposing firm, provided that replacements have substantially the same or better qualifications or experience. 23 6. Prior Engagements with the City of Bakersfield List separately all engagements within the last five years, ranked on the basis of total staff hours, for the City of Bakersfield by type of engagement (i.e., audit, management advisory services, other). Indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed, and the name and telephone number of the principal client contact. 7. Similar Engagements with Other Government Entities For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum - 5) performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 8. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Section II of this request for proposal. In developing the work plan, reference should be made to such sources of information as City of Bakersfield's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Proposing firms will be required to provide the following information on their audit approach: a. Proposed segmentation of the engagement b. Level of staff and number of hours to be assigned to each proposed segment of the engagement NO DOLLARS SHOULD BE INCLUDED IN THE TECHNICAL PROPOSAL C. Sample size and the extent to which statistical sampling is to be used in the engagement 24 d. Extent of use of EDP software in the engagement e. Type and extent of analytical procedures to be used in the engagement f. Approach to be taken to gain and document an understanding of the City of Bakersfield's internal control structure g. Approach to be taken in determining laws and regulations that will be subject to audit test work h. Approach to be taken in drawing audit samples for purposes of tests of compliance. 9. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City of Bakersfield. 10. Report Format The proposal should include sample formats for required reports. NO DOLLARS SHOULD BE INCLUDED IN THE TECHNICAL PROPOSAL C. Sealed Dollar Cost Bid Total All -Inclusive Maximum Price The sealed dollar cost bid should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. The City of Bakersfield will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs should not be included in the proposal. 25 The first page of the sealed dollar cost bid should include the following information: ►. in M-11110TEENO b. Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign an agreement with the City of Bakersfield. C. A Total All -Inclusive Maximum Price for the 2017 engagement. Financial Statements Full Scope City of Bakersfield - Comprehensive Annual Financial Report and Management Letter $ Public Finance Authority - Annual Financial Report $ Compliance Report Single Audit $ Wastewater Management Plan $ 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each The second page of the sealed dollar cost bid should include a schedule of professional fees and expenses, presented in the format provided in the attachment (Appendix F) that supports the total all-inclusive maximum price. The cost of special services described in Section II E of this request for proposal should be disclosed as separate components of the total all-inclusive maximum price. 26 3. Out-of-pocket Expenses Included in the Total All-inclusive Maximum Price and Reimbursement Rates All estimated out-of-pocket expenses to be reimbursed should be presented on the second page of the sealed dollar cost bid in the format provided in the attachment (Appendix F). All expense reimbursements will be charged against the total all-inclusive maximum price submitted by the firm. 4. Rates for Additional Professional Services If it should become necessary for City of Bakersfield to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the agreement between City of Bakersfield and the firm. Any such additional work agreed to between City of Bakersfield and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the sealed dollar cost bid. 5. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of- pocket expenses incurred in accordance with the firm's dollar cost bid proposal. Interim billing shall cover a period of not less than a calendar month. Ten percent (10%) will be withheld from each billing pending delivery of the firm's final reports. VII. EVALUATION PROCEDURES A. Review Committee Proposals submitted will be evaluated by the Finance Director, the Assistant Finance Director, and the City Treasurer. B. Review of Proposals A point formula will be used during the review process to score proposals. A firm with an unacceptably low technical score will be eliminated from further consideration. 27 160 After the composite technical score for each firm has been established, the sealed dollar cost bid will be opened and additional points will be added to the technical score based on the price bid. The maximum score for price will be assigned to the firm offering the lowest total all-inclusive maximum price. Appropriate fractional scores will be assigned to other proposing firms. The City of Bakersfield reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. Evaluation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria which will be considered during the evaluation process. 1. Mandatory Elements a. The audit firm is independent and licensed to practice in California b. The firm has no conflict of interest with regard to any other work performed by the firm for the City of Bakersfield C. The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal d. The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work. e. The audit firm's professional personnel have received adequate continuing professional education within the preceding two years. 2. Technical Quality: (Maximum Points - 70) a. Expertise and Experience (Maximum Points - 40) (1) The firm's past experience and performance on comparable government engagements (with special emphasis on City audits). (2) The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation (3) Support services available (i.e. actuarial, bond arbitrage, refinancing, etc.) b. Audit Approach (Maximum Points - 30) (1) Adequacy of proposed staffing plan for various segments of the engagement (2) Adequacy of sampling techniques (3) Adequacy of analytical procedures 3. Price: (Maximum Points - 30) COST WILL NOT BE THE PRIMARY FACTOR IN THE SELECTION OF AN AUDIT FIRM D. Oral Presentations During the evaluation process, the Review and/or Audit Committee may, at its discretion, request any one or all firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Committees may have on a firm's proposal. Not all firms may be asked to make such oral presentations. E. Final Selection The City Council will select a firm based upon the recommendation of City Staff and/or the Budget and Finance Committee. It is anticipated that a firm will be selected by April 14, 2017. Following notification of the firm selected, it is expected an agreement will be in final form with insurance certificates on file by April 28, 2017, with City Council approval scheduled for the May10, 2017 meeting date. 29 F. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Bakersfield and the firm selected. The City of Bakersfield reserves the right without prejudice to reject any or all proposals. APPENDICES A. Findings from Recent External and Internal Audits B. Organizational Chart C. List of Key Officials, Office Locations and Telephone Numbers D. Proposing Firm Guarantees E. Proposing Firm Warranties F. Format for Schedule of Professional Fees and Expenses to Support the Total All-inclusive Maximum Price G. Copy of City Policy Regarding Selection of Auditors 30 FINDINGS FROM RECENT EXTERNAL AND INTERNAL AUDITS Al"W', I R( )NA' AGREED-UPON CONDITIONS REPORT DESIGNED TO INCREASE EFFICIENCY, INTERNAL CONTROLS, AND/OR FINANCIAL REPORTING To the Honorable Mayor and Members of the City Council Bakersfield, California We have audited the basic financial statements of the City of Bakersfield, California, (the City) for the year ended June 30, 2016, and have issued Our report thereon dated December 12, 2016. In planning and performing our audit of the financial statements of the City, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control structure. As a result Of Our audit, we noted no agreed-upon conditions involving the internal control structure or its operation. This report is intended solely for the information and use of the Budget and Finance Committee, Mayor, City Council, management of the City, others within the City, and the regulatory agencies, and is not intended to be, and should not be, used by anyone other than these specified parties. Bakersfield, California December 12, 2016 31 BROWN ARMSTRONG ACCOUNTANCY CORPORATION im None. FINDINGS FROM RECENT EXTERNAL AND INTERNAL AUDITS Current Year Agroed-Upon Conditions and Recommendations Status of Prior Year Agreed -Upon Conditions and Recommendations 32 4-- ORGANIZATIONAL CHART 33 LIST OF KEY PERSONNEL AND TELEPHONE NUMBER Nelson K. Smith, Finance Director 326-3740 Sandra Jimenez, Assistant Finance Director 326-3031 Randy McKeegan, Accounting Supervisor 326-3030 Connie Walls, Accounting Supervisor 326-3799 Sarah Hunley, Accounting Supervisor 326-3058 Tessa Andrews, Treasurer 326-3032 Marnie Ashford, Treasury Supervisor 326-3761 Don Anderson, Property Management 326-3061 Kim Berrigan, Purchasing Officer 326-3744 34 PROPOSING FIRM GUARANTEES I. The proposing firm certifies it can and will provide and make available, as a minimum, all services set forth in Section 11, Nature of Services Required. Signature of Official: Name (typed): Title: Firm: Date: 35 VAI " ►FBI . PROPOSING FIRM WARRANTIES A. The Proposing firm warrants that it is willing and able to comply with State of California laws with respect to foreign (non -state of California) corporations. B. The Proposing firm warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof. C. The Proposing firm warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Bakersfield. D. The Proposing firm warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Name (typed): Title: Firm: Date: 36 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016-2017 FINANCIAL STATEMENTS Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff Staff Other (specify): Subtotal Total for services Described in Section II E of the RFP (Detail on subsequent pages) Out-of-pocket expenses: Meals and lodging Transportation Other (specify): Total all-inclusive maximum price for 2017 audit = $ Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all- inclusive maximum price. 37 /r ' SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016-2017 FINANCIAL STATEMENTS: COMBINING SCHEDULE - ALL SERVICES DESCRIBED IN RFP SECTION II E Nature of Service To Be Provided Schedule Total Price EACH SERVICE DESCRIBED IN RFP SECTION II E SHOULD BE SUPPORTED BY AN INDIVIDUAL SCHEDULE IN THE FORMAT PROVIDED ON PAGE 3 OF THIS APPENDIX. Appendix F Page 3 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016-2017 FINANCIAL STATEMENTS: SUPPORTING SCHEDULE FOR [NAME OF SERVICE] Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff Staff Other (specify Subtotal Out-of-pocket expenses: Meals and lodging Transportation Other (specify): Total price for [NAME OF SERVICE] Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all- inclusive maximum price 39 RON COPY OF CITY POLICY REGARDING SELECTION OF AUDITORS 2 WHEREAS, the City Council adopted a Council Policy on Audit Reporting Practices in February 2005; and WHEREAS, the policy adopted in 2005 required the mandatory rotation of audit firms every five years; and WHEREAS, the Government Finance Officers Association �GFOA) is a nationally recognized association of cities and counties throughout the Unite d States; and WHEREAS, the GFOA best practices supports allowing the audit firm currently providing services to participate in future competitive selection processes where availability of well qualified public sector audit firms may be ir-nited; and WHEREAS, the Budget and Finance Committee reviewed the current policy at their September 26, 2011 committee meeting; and WHEREAS, the Budget and Finance Committee recommend amending the current policy to allow the current audit firm to participate in future competitive selection processes; assuming that post performance of the current auditors has proven satisfactory. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct and incorporated in their entirety herein by reference. 2. This Resolution supersedes the previous audit practices policy adopted by Resolution 040-05. S,\Adnr,\Admiri Reperts\keso for avdit pokoy 2011.doc --00000-- -- Page I of 2 Pages ORIGINAL M APPENDIX Q Page 2 COPY OF CITY POLICY REGARDING SELECTION OF AUDITORS � HEREBY CERTIIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield of a regular meeting thereof held on __a0T_L_g_jLt by the followIng vote: COUNCILMEMBER SALAS WEIR, coUrCH. HANSOM. SUI I IVAN, JOHNSON NOES: COUNCILMEMBER._ _ OQnj A fBS E !11;4;' COUNCILMEMBER ........ -- ----------- ROBERTA GAFFORD, City Clerk and Ex Offido Clerk of the Council of the City of BakersfieVd APPROVED AS TC FORM: VIRGIINIIA GENNARO City Attorney By 2 5i�.U-- A- M. RUDNICK -.--.- Deputy City Attorney 11 VG:CKI/isc/nKs fin 5,\Ade—\Admin Re Rom\ Re%. far -dIl policy 2011,d- -- Page 2 of 2 Pages s. ORIG NAI 41 Page 3 COPY OF CITY POLICY REGARDING SELECTION OF AUDITORS Council Policy Statement Background - The Government Finance Officers Association (GFOA) has long recommended that state and local governmental entities obtain independent audits of their financial statements performed in accordance with the appropriate professional auditing standards. Properly performed audits play a vital role in the public sector by helping to preserve the integrity of the public finance functions and by maintaining citizens' confidence in their elected leaders. It is the City Council's desire to incorporate the recommendations of GFOA into a Council Policy regarding procurement of annual financial auditing services. Recommendations — The City Council makes the following policy statements and recommendations regarding the selection of auditing services: The scope of the independent audit should encompass not only the fair presentation of the basic financial statements, but also the fair presentation of the financial statements of individual funds and component units. The cost of extending full audit coverage to the financial statements of individual funds and component units can be justified by the additional degree of assurance provided. The City of Bakersfield shall require in their audit contracts that the auditors of their financial statements conform to the independence standard promulgated in the General Accounting Office's Government Auditing Standards even for audit engagements that are not otherwise subject to generally accepted government auditing standards, The City of Bakersfield shall enter into multiyear agreements not to exceed five years in duration when obtaining the services of independent auditors. Such multiyear agreements can take a variety of different forms (e.g., a series of single -year contracts), consistent with applicable legal requirements. Such agreements allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit. Multiyear agreements can also help to reduce audit costs by allowing auditors to recover certain 11 startup" costs over several years, rather than over a single year. The City of Bakersfield shall undertake a full-scale competitive process for the selection of independent auditors at the end of each five year term of each audit contract, consistent with applicable legal requirements, In order to promote competitive bidding among audit firms who are fully qualified to perform public -sector audits, the City shall actively seek the participation of all qualified firms, including the S � N I3 LS () N \co un e 6 l p,, I icy omsed -,obit nrl uCS d0C 42 81 R G I N A 012121M � we yg� r_1 On COPY OF CITY POLICY REGARDING SELECTION OF AUDITORS current auditors, assuming that past performance of the current auditors has proven satisfactory. The City may desire on occasion to hire an independent auditor to perform certain types of non -audit services for the City. Any non -audit services that require Council approval per Bakersfield Municipal Code section 3,20.105 C (which currently reads "amounts over $40,000) should first be reviewed by the budget and finance committee. Furthermore, The City should routinely explore the possibility of alternative service providers before making a decision to engage their independent auditors to perform significant non -audit services. The audit procurement process should be structured so that the principal factor in the selection of an independent auditor is the auditor's ability to perform a quality audit. In no case should price be allowed to serve as the sole criterion for the selection of an independent auditor. S \NFLSON\coun,d pohcq rcliwd akidit wices.doc -2 - nRIGINAi 43 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Agreements p. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DAT E: 2/22/2019 LVITI-11 N SUBJECT: Amendment No. 1 to Agreement No. CA1 8-006 with Clifford & Brown ($110,000) to provide outside legal services in the matter of Yunk v. City of Bakersfield. STAFF RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On March 14, 2018, the City entered into Agreement No. CA18-006 with Clifford & Brown for legal representation in the matter of Yunk v. City of Bakersfield, Kern County Superior Court case number BCV -18-100371, TSC. It was a departmental agreement for $40,000. This case is being handled outside the cap, but at a reduced hourly rate, since it is a wrongful death matter. At this time, the City Attorney's Office requests that we amend the contract to add additional compensation. This Amendment No. 1 to Agreement No. CA1 8-006 will result in a total Not to Exceed amount of $150,000 in order for outside counsel to take this matter to trial which is set for November 4, 2019. There are adequate funds in the CAO budget to cover the legal fees. ATTACHMENTS: Description D /kirneindirnent No 1 to /kgireeirneint No Ckl (13 006 Wth Cfiffoird & IBirown Type /kgireeirneint AGREEMENT NO, AMENDMENT NUMBER ONE (1) TO ATTORNEY RETAINER AGREEMENT NO. CA18-006 THIS AMENDMENT NUMBER ONE TO AGREEMENT NO. CA18-006 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation (referred to herein as "CITY'), and CLIFFORD & BROWN (referred to herein as "ATTORNEY'). R E C I T A L S WHEREAS, CITY and ATTORNEY entered into Agreement for Legal Services No. CA18-006 on March 14, 2018, for legal services not to exceed $40,000 in the matter of: ELI PUNK, JESSIE PUNK, CALLA YUNK v. CITY OF BAKERSFIELD, RAFAEL GUTIERREZ, JR., individually, DOES 1 TO 50 Kern County Superior Court Case No. BCV -18-100371, TSC WHEREAS, additional monies are needed to continue with outside legal services in connection with this matter; WHEREAS, CITY and ATTORNEY desire to amend Agreement No. CA18-006 to increase the amount of compensation to ATTORNEY by the sum of One Hundred and Ten Thousand Dollars ($110,000) for a total not to exceed of One Hundred and Fifty Thousand Dollars ($150,000) for this action. NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. Paragraph 2 of Agreement for Legal Services No. CA18-006 dated March 14, 2018, is hereby amended in its entirety to read as follows: -- Page 1 of 3 Pages -- ®3/06/19 CC AGENDA PACKET PG 366 2. COMPENSATION TO ATTORNEY. Compensation for all work, services or products called for under this Agreement shall be paid as follows: City shall compensate ATTORNEY for all services performed by ATTORNEY on an hourly basis in an amount of One Hundred Ninety -Five Dollars ($195) per hour. In no event shall this Agreement exceed the total amount of One Hundred and Fifty Thousand Dollars ($150,000). ATTORNEY shall not engage in any services above or beyond this amount and CITY shall not be obligated to pay ATTORNEY for excess work, services or products beyond this amount. CITY shall pay ATTORNEY thirty (30) days after receipt and approval of billing. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation under this Agreement, excluding out-of- pocket costs. Prior to payment all bills shall be reviewed and approved by the City Attorney or his/her designee. 2. EFFECT OF THIS AMENDMENT. Except as amended in this Agreement, all of the provisions of Agreement for Legal Services No. CA18-006, dated March 14, 2018, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF BAKERSFIELD ("CITY") CLIFFORD & BROWN ("ATTORNEY") By: KAREN GOH PATRICK J. OSBORN Mayor President Additional Signatures on Following Page -- Page 2 of 3 Pages -- 03106119 CC AGENDA PACKET PG 367 APPROVED AS TO FORM: VIRGINIA GENNARO City ATTORNEY VIRGINIA GENNARO City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director VG:ac -- Page 3 of 3 Pages -- 3/®6/19 CC AGENDA PACKET PG 368 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent—Agreements q. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/1/2019 LVITI-11 N SUBJECT: Amendments No. 3 & No. 4 to Agreement No. 06-023 with Avenu I nsights & Analytics for Sales Tax Consulting and Auditing Services. STAFF RECOMMENDATION: Staff recommends approval of amendments. BACKGROUND: The City has been using the services of a special consultant for sales tax auditing purposes since 2006. The special consultant provides detailed analysis of sales tax collections and trends to assist the City in monitoring this important General Fund revenue source. The company also conducts routine audits of the State of California data base to ensure the City is receiving all sales taxes that it is entitled to receive. On January 9, 2019, the City Council approved Resolution No. 008-019, which in part, designated Avenu Insights and Analytics, LLC, as an authorized party for the purposes of examining state records associated with the Bakersfield Public Safety and Vital Services Measure (Measure N). Therefore, it is necessary to amend the consulting agreement to include audit and review of the new one -cent tax scheduled to begin collection on April 1, 2019. This action is contained within Amendment # 3 to the agreement. Additionally, given the inherent efficiencies of already monitoring the City's base sales tax revenues, the firm has agreed to lower its fee structure on the audit services. Historically they have been paid 25 percent of new revenue they find for the City as a result of the audit review work. They have agreed to lower this cost down to 15 percent going forward. This action is Amendment #4 to the agreement. ATTACHMENTS: Description Type D /kirneindirnent #3 /kgireeirneint D /kirneindirnent #4 /kgireeirneint Vf f [,Ilj a Le MA ,L AMENDMENT NO 3TO CONSIULTANT'S AGREEMENT NO. 06-023 BETWEEN CITY OF BAKERSFIELD AINID MBIA MUNISER\fliCES COMPANY THIS CONTRACT AMENDMENT No. 3(the "Amendrnent") is enNered into between Oty of BakersfieId ("City") and AveMl insights & Analyflics, LLC �Xonsultant") ("fonTwrly known as IC BM IMUniSeirvices Corn pany"), (coillective ly the "Pairties"), The City and Consultant agree as follows: WHEREAS, the City and Corrsultaint, entered iinto as Consultant SeirOces Agreement Noi. 06-023, on or about January 25, 20016 (hereinafter "Agreement") to perform, aniong other things, Sales and Use Tax Audit Services; 'WH�EREAS,,can or about Noverinbier 6, 2018 the C'ity adopted Measure N 1% Sales TaX to SIUNJport the City's General Fund, which wffl becorne effective on gar.about April 1, 2019 (the "District Tax"); WHEREAS, the California Departrnent of Tax and Fee Adnhflslration (formerly State Board of Equalization) (XDTFA") Naas taken the position; that general references to "sales/transacfion and Use tax" are insufficient to allow access to information reiating the collection of the District 'rax by the CDTFA; WHEREAS, the City and Consuftant, with conceding the correctness of the CDTFA's interpretation, deern It prudent to comply with the interpretation by ameinding the Agreen,ierA to splecifiicailly refer to the District Tax; WHEREAS, section 70,56 of the C'afiforriiia Revenue and faxation Code imposes condltjon5 on the access, to inforination related to the c0ection of saes, trawsaction, and use tax by the, CD ITA, NIOWi THEREFORE, in order to safisfy the requrren'ients of se(Ak)n 7056, the parties hereby arnend the Agreement as foe lows: 1. The following lariguage is incorporated into Exhibit A of the Consuftar�t Services Agreement as if set forth therein. Transactionl5ales gad' Use Tax "Consultont qualifies under Section 7056 of the Reverun,,? i l-axation Code to review (Brodley-Burns) confidential taxpayer infnrniiation and doc'umentotion bef'cwe ffie Cahfornia Departaient of 'Tax and Fee Aid min istiration (CDlFA). Consultiont is hereby autha rized by tf iis Agreement to examine troi osactio n ti i, st'de s tax and use t ax records of the C07 -FA, including but not fimited to the transaction cm use tax that becomes effective an or, about April 1, 20119 known as the City of Bakersfield Measure N 1% Soles Tax pertoining to the oscer-taiament of those so'les or tronsoctiorIS ai3O use taxes to be collectedfor the City. Cotisuitcmit is required to disclose info ror a No n contained in, or derived from, those transoction, saiies and use tox records only to on officer or ernployee of the City who is authorized by resolution to examine the hirformation. I I Vf f [,Ylj a Le MA ,L Cons Wf a nt is proffibited.frorn perfor-o0ig consulting servicesfor are toile r during ffle term of this Agreement.. Consultont is proWbited ftotn retainirag the informotion contained in, or derived fropr), those tronsoction, sates and use traria n --,,cords, after. this Agreement has expired. " The City and Consultant agree that afthough the scope of work generically refers to "sale's and use tax" those references are meaniL to include "sales, transaction, artd use tax" as part ofthe Scope of work, including but not limited to any transaction and use taxes adopted after the effective date of tl'ie AgireernenL The P,arliies agree that Agreernent is apphcable to all Wes, Transaction and Use Tax Ordinances CUrrenfly enacted in the City and which may becorne enacted whiie the Agreement is in effect, 4The Parties agree that the City will adopt an updateci resolution in substantially the sarne form as the sampe provided as Exhibit A to this Aimenchment, 5Except as herein modified, all other provisions of the Agreernent, including any exhibits and subsequent amendments thereto, shall remahi in full 'force and effect. 6, In case of a conflict between the terms, of this Amendment and the terms ofthe Contract, the ternis of this AimencIrnent shall strictly prevad, M WTNESS WHEREOF, the Parties have caused this Aniendment to be executed by their dWy authorized representatives as of the date set forth below, DATED: M�rch 6 2019 CITY OF BAKIERSHIELD By: Name: Title: AVFEN�)�INSJG TS & ANALYTIICS, LLC By - I)oi R as Seniov,1 ice PresWent Mf f [,Ylj a LS MA ,L IN WITNESS WHEREOF, the parties hereto 1-iove caused thlis Agreen"Ient to be executed as, of the Effeclive Date. "CITY" "CONSULTANT" CIT' BAKERSFIELD By: . . . . . . ........... . . ......... .. ____ ...... ........ . By" ................. . . .. - Se(,�,,, Attached KAREN GOH Mayor Title:__-, . . . . . . . .................. . ............. . . . . . . . . ..... . ............................................... ... . . 11 APPROVED AS TO FORM: VIRGINIA GENNARO 01y Atfoirney m JOSHUA RUDNIICK Deputy CRy Aftoriney 11 I n s u ra n c e'. m RANDY MCKEEGAN Assistant Finance Dire(, ,tor COUNTERSIGNED' B. NELSON SMITH Finance Direclor. Attachn,-)ent. Exhibif.&_ C'tiUSERSNSMII WDESK"TORSIGNATUM FIAGIE DOC U pdate d - S Ppte m hp r 11, 2017 EXHIBIA' "A" RESOLUTION INN. _,-0-0--8..-.77 19 A RESOLUTION AUTHORIZING THE E"Tili;AT1*4 I TAX RECORDS WHEREAS, pursuant to Ordinance No. 4958 of City of Bakersfield hereinafter coiled District and Section 7270 of the Revenue and Taxation Code, the District entered into a contract with: the California lpartrrient of Tax and Fee Administration (CDTFA) to perform all functions incident to the administration and operafion of the Transactions and Use Tax Ordinance; and WHEREAS, the District deems it desirable and necessary for authorized representatives of the District to examine confidential transactions and use lax records of the California Department of Tax and Fee Administration pertaining to transactions and use taxes collected by the Board, for the Districi pursuant to that contract; and WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain I i requirements and conditrions for the disclosure of California Diepartmie,nt of Tax and Fee Administration records and establishes criminal penalties for the unlawfull disclosure of i:nformiation contained in or deriVeld frorTl, the transactions and use tax records of the Board; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 , Th�at the it Manager', Assistant City Manager, City Clerk, Finance Director, Assistant Finance Director and City Treasurer or other officer or ernployee of the District designated in wrifing: by the City Manager to the California Dept of Tax and Fee Administration (hereafter referred to as ffie CDTFA) is hereby appointed to represent the Disirict with authority to exarnine transactions and use tax records, of the CDTFA pertainingto transoctions and We taxes collected for the District by the CDTFA pursluant to the contract between the District and the CDTFA, The information obtained by examination of CDTFA records shall be used only for purposes related to the collection of the Dis�trici"s, transactions and use taxes by the CDTFA purssuant to the contract, 1 That the City Manager, Assistant City M(. -,wager, City Clerk, Finance Director, Assistant Finance Director and City Treasurer or other officer or employee of the District designated in writing by the It Manager to the Caliform a Dept of Tax and fee Administration, is hereby appointed to represent the District with authority to examine those transactions and use tax records, of the Board for purposes related to the following governlrnental functions of the Districi. 0} General Finarcial Administrailion b) BUdget Development and Planning c) Public Safety di) Economic Development rn e) Legal or Risk Management f) Technology Services g) Development Services hi) Quality of: I-Ife Services The information obtained by examination of Boc:ird records shall be used only for those governmental functions of the District listed above. 3, That Avenu Insights & Analyfics, is hereby designated to exam,ine the transactions and use tax records of the California Department of Tax. and Fee Administration pertaining to transactions and use faxes collected for the District by the Board, The person or entity desib. ratEapt by this section meets all of the following conditions - a) has an existing contract with the District to examine ihose transactions and use tax records, b) is required by that contract io disclose information contained in, or derived from, those transactions and use: fox records oNy f the officer or mplo,yee authorized Linder Section I (or Section 2), of this resolution to examine the information; c) is prohibited by that contract from perforrning consulting services for a retailer during the trmi of that contrac-tl d) is prohibited by that contract from reiairning the information contained in, or derived from those transoctions and use tax records ofter that contract has expired, BE IT FURTHER RESOLVED that the information obtained by arnincifion of Board records shalt be used onVy for au irposes related to the collection of Disfrict's transactions and use taxes by the Board PUrSLJOiIt tai the contracts between the District and Board. 4. That this resol Ution supersedes ailt prior transactions and iuse tax resolutions of the City of Bakersfield adopted pursuant to subdivision (b) of Revenue On Taxation Section 7056. w >� tz I HEREBY CERTIFY that the foregicing ResolUflOn was passed and adopted by the Co�u�ncil of the City of Bakersfield at a regular meeting thereof held on -J - b the following vote: I./ to" ve Wsw, %le, COUNCILMFWER� RIVERA, GONZALES, Wflk, SWK FREEMAN, SULLIVAN, PARUER NOES: COUNCII,MEMSER,.__..%13—,4,1�,,— ABSTAIN, ABSENT: iUL416RIM ia"-111 APPROVED, JAN 0 9 '2019 — Aft If & y KAREN GOH, Mayor City of Bakersfield Alot City AttorII l ney P, ''11 08101NAL AMENDIVIENT NOS, 4 TO CONSULTANT'S AGREEMIEN'r NO, 06-023 BETWEEN CITY OF BAKERSFIELD AND MWA MUMSERWCES COMPANY H I IS COINTR ACT AM ENDIMEN T NO'. 4(the "A rnen d rnent") is entered into between the City of Balkersfield ("City"), and Avenu Insights & Ainalytics, LLC ("COMLdtant") (forn,wrly known as, MBIA MuniServices Company"), (collectively the "Parties."), The City and ConsuKant aV,ee as follows: RECITALS k On or about.January 25, 20,06, (,Jty and Consultant entered into a Consult,mt Services Agreernent No, 06-023 ("Agreement") to perform, an non other thhigs, Sales and Use Tax Audit services, B. T'he compensation for providing the audit services was, a confingency fee of 25�0/6. C. Consultant has agreed to reduce the conthigency fee to 15%, NIOW, THEREFORE, in, consideration of the =Wal promises ani:J r-,ovenants contained here, the Parties agree as follows: AGREEMENT 1, Amend Exhibit B SUTA Cyst Prop al. Add the foHowing language to the end of the first paragraph: Effective Januciry 1, 2015), ConsWtant's compensationfor', rovidlog the 0ocotion audit service is 15% of the OeW 501eS W)d U5e or tronsaction to revenue received by the City as a result of Consultont, detecting and correcting the reloted point of soles ond use or transaction distribution error. Said 15% opplies to correC.:ti0r15 identified On Jontiory 1, 20,19 going forward, 2 Other terms: All other ternis, and conditiionns of the Agreernent remained unchanged, IN WITNESS WHEREOF, the parties are signihig this ArnendiTient on the date stated hl the 1VATOdUctory paragraph, Consultant Avenu hoghts & Analytics, L1C Do'j 5 e 111 Sent rMce President City of BakeirsfieId, a Municipal Corporation (signaturre) (I;)i1nt narne/titie) IN WITNESS WHEREOF, the parties hereto have caused teras Agreernent to be executed as of the Effective Date, "CITY" "CONSULTANT" CITY OF BAKERSFIELD B�y: . ..... . ............... ...... . ......... . . . . . .......... ............... . . By:-_ - ------------------ See Attached KAREI N GOH Mayor Prr1 Tptle,,, APPROVED AS TO IFORM: VIRGINIA GENNARO City Attorney a JOSHA RUDNICK Depulty City Attorney 11 �nsurance: APPROVED AS TO cor,,,ITENT., FINANCE DEPARTMENT m AND M,CKEEGAN Assistant IFinance Direclor COLJNTERS�GNED-. 0 NELSON SMITH Hnance Director G",,LJSERSNSMITH",DE'S K-TO��l',S�CAF[JREPA(3E DOC Updmed - September 11, 2017 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent—Agreements r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 2/14/2019 WARD: Ward 6 SUBJECT: Amendment No. 2 to Agreement No. PW 17-235 with AECOM Technical Services, Inc. ($25,000; revised not to exceed $62,500 and extend term by one year until July 31, 2020), to provide design and engineering services for Wastewater Treatment Plant No. 3 Primary Clarifiers #5 - #8 Rehabilitation project. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: The purpose of primary clarifiers is to remove organic solids from the wastewater, the efficiency of which can greatly impact the overall ability of the plant to treat the influent. Wastewater Treatment Plant No. 3 has eight primary clarifiers. This project involves rehabilitation of primary clarifiers #5 - #8, three of which are currently non -operational. On November 27, 2017, City entered into a department agreement with AECOM Technical Services, Inc. (AECOM) to provide design and engineering services for the Wastewater Treatment Plant No. 3 Primary Clarifiers #5 - #8 Rehabilitation project. AECOM was selected after responding to the City's Request for Qualifications and Proposals (RFQ/P) for consulting services for the rehabilitation. On June 8, 2018, City and Consultant approved Amendment No. 1 to extend the term of the agreement until July 31, 2019. Due to operational considerations, this project was divided into two phases, the first phase to address primary clarifiers #6 and #8, the second phase to address primary clarifiers #5 and #7. Since the agreement was awarded, the consultant has completed design and engineering services for rehabilitation of primary clarifiers #6 and #8. At this time, staff recommends increasing the total compensation of the agreement to account for design and engineering services for primary clarifiers #5 and #7 and extending the term. This amendment will increase the not to exceed compensation by $25,000, for a revised not to exceed amount of $62,500 and extend the term to July 31, 2020. Sufficient funds are budgeted within the Sewer Enterprise Fund to fund this amendment. There is no General Fund impact associated with this amendment. F-11 6 us] M I Llfi 14 LI h Description D Airneindirnent No 2 D E xh lb i'i t IB Type Agireeirnent EkNbt AGREEMENT NO. AMENDMENT NO. [2] TO AGREEMENT NO. PW 17-235 THIS AMENDMENT NO. 2 TO AGREEMENT NO. PW 17-235 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and AECOM TECHNICAL SERVICES, INC., a California Corporation (referred to herein as "DESIGN CONSULTANT"). RECITALS WHEREAS, CITY and DESIGN CONSULTANT entered into Agreement No. PW 17-235 on November 27, 2017 wherein DESIGN CONSULTANT would provide design and engineering services for Wastewater Treatment Plant No.3 Primary Clarifiers rehabilitation project; and WHEREAS, CITY and DESIGN CONSULTANT entered into Amendment No. 1 to Agreement No. PW 17-235 on June 8, 2018, wherein the parties extended the term of the original agreement until July 31, 2019; and WHEREAS, CITY is in need of continued design and engineering services to complete the project; and WHEREAS, the parties now desire to enter into Amendment No. 2 to Agreement No. PW 17-235 to increase the compensation amount of Agreement No. PW 17-235 by Twenty Five Thousand Dollars ($25,000) and to extend the term until July 31, 2020 in accordance with the original terms of said agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. PW 17-235 entitled "Compensation/Payment Procedure" is hereby amended to read as follows: 2. COMPENSATION/PAYMENT PROCEDURE. In exchange for performing the Scope of Work and subject to the terms of this section, CITY will pay DESIGN CONSULTANT as follows ("Compensation"): AMENDMENT TO AGREEMENT S:\Projects\E8K201 WWTP3 Primary Clarifiers 5-8 Rehab\Primary Clarifier 5-8 Rehab\5 & 7Wmendment No. 2 - AECOM.doc February 11, 2019 -- Page 1 of 3 Pages -- Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of Sixty Two Thousand Five Hundred Dollars ($ 62,500.00) on a monthly basis based upon the percentage of the Scope of Work completed as described in the submitted proposal, attached hereto as Exhibit B and incorporated by reference herein. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work. CITY will pay DESIGN CONSULTANT within 30 days after DESIGN CONSULTANT submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to DESIGN CONSULTANT for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to DESIGN CONSULTANT. In no case will CITY compensate DESIGN CONSULTANT more than $ 62,500.00 for performing the Scope of Work. 2. Section 3 of Agreement No. PW 17-235 entitled "TERM" is hereby amended to read as follows: 3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on July 31, 2020. 3. Section 6 of Agreement No. PW 17-235 entitled "TIME FOR COMPLETION" is hereby amended to read as follows: 6. TIME FOR COMPLETION. DESIGN CONSULTANT must complete all assigned tasks set forth in the Scope of Work no later than July 31, 2020. 4. Except as amended herein, all provisions of Agreement No. PW 17-235 shall remain in full force and effect. AMENDMENT TO AGREEMENT S:\Projects\E8K201 WWTP3 Primary Clarifiers 5-8 Rehab\Primary Clarifier 5-8 Rehab\5 & 7Wmendment No. 2 - AECOM.doc February 11, 2019 -- Page 2 of 3 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. PW 17-235 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney II COUNTERSIGNED: NELSON SMITH Finance Director "DESIGN CONSULTANT" AECOM TECHNICAL SERVICES, INC. By: Print Name: Title: AMENDMENT TO AGREEMENT S:\Projects\E8K201 WWTP3 Primary Clarifiers 5-8 Rehab\Primary Clarifier 5-8 Rehab\5 & 7Wmendment No. 2 - AECOM.doc February 11, 2019 -- Page 3 of 3 Pages -- AAM ........... October 10, 2017 Sameena Gill, Engineer I CITY OF BAKERSFIELD Public Works Wastewater Division, 6901 McCutchen Road Bakersfield, CA 93313 022 =1- AECOMI 5001 E. Cornmercenter Drive Suite 100 Bakersfield, CA 93309 vvwwae�m.com EXHIBIT B 661,823,2323 tel 661,395,0359 fax This proposal lists our fee for the project as described in the request for qualifications. It is based on research and our knowledge of the project, After selection, we would be happy to sit down with City representatives and adjust the scope and fee to meet your expectations, The Project Budget indiicates the time estimated for our work effort on the various individual tasks, f As shown on the Project Budget spreadsheet included after this narrative, the proposed fee for Phase 1 and 2 services is detailed below. The fee breakdown by work items shown below reflects the schedule of deliverables described in Section 2 on page 2 of the RI=CA. These figures are based on the fee schedule that AECOM has with the City of Bakersfield for Cin -Call services. Phase 1: n Phase 1I $27,1000 Phase l 3 Construction Phase 7 1210T.W; n Phase Phase I 3 Construction Phase I7 If0mT 1111121T7TT-IN Assumptions: 1. Record drawings and specifications for past projects of Plant III provided by City of Bakersfield. 2. Meetings with the City for design will be limited to three total per phase. Vf f [,71J a LS MA ,L 3. Additional specialized services provided in the event that degradation is found to be significant or if additional work is required beyond the defined soope of work will be charged on a fixed fee basis with a negotiated not to exceed amount. 4. In a manner similar to the Plant No. 2 Coating Project we will prepare a project schedule on Microsoft Project to deliver both projects within the agreed to tirnie constraints. Our schedule assumes that the City of Bakersfield reviews will be within a two-week turnaround. If You have questions or if you need additional information, please contact us. Sincerely, AEGON "p '7 Principal Engineer willliam,black@aecom.com Ben Horn, PE Principal — in - Charge ben.horn@aecom.com AECOM (BAKERSFIELD OFFICE) FEE SCHEDULE FOR PROFESSIONAL SERVICES Effective October 10. 2017 Engineers, Planners, Architects, Scientists: Principal Engineer Senior Engineer Process Engineer Senior Process Engineer Principal Electrical Engineer Associate Civil or Electrical Engineer Assistant Engineer Student Intern Technical Support Staff: Designer Senior Design CADD Operator Drafter/CADD Operator Clerical/General Office Sub Consultants, Services, Supplies and Mileage: Sub Consultants Outside Reproduction and Services Inside copying and supplies Mileage $210.00 .per hour $180.00 per hour $240.00 per hour $210.00 per hour $240.00 per hour $145.00 per hour $125.00 per hour $85.00 per hour $140.00 per hour $115.00 per hour $100.00 per hour $70.00 per hour Cost Cost + 10% Cost IRS Rate U 0 O c O C 8 c ^ p n CC x W 4 N H C f.V 6R 69X6S�69 I g} 0 * 3. 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TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 2/15/2019 WARD: Ward 6 SUBJECT: Amendment No. 3 to Agreement No. 17-053 with Solenis, LLC ($500,000; revised not to exceed $1,360,000 and extend term one year to April 30, 2020) to provide dewatering polymer for Wastewater Treatment Plant No. 3 and to acknowledge a price increase from $1.105 to $1.16 per pound of polymer due to rise in raw material costs. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: The wastewater treatment process at Plant No. 3 requires digested sludge to undergo a dewatering process. The goal of the dewatering process is to efficiently produce a substance that can be transported off-site for disposal or beneficial use. Polymers are an essential component in the dewatering process. The City Council approved Agreement No. 17-053 with Solenis, LLC (Solenis) on May 10, 2017 for $430,000. Solenis was selected after responding to the City's Request for Qualifications and Proposals for dewatering polymer. Agreement No. 17-053 provided for renewal of the agreement for three consecutive one-year periods upon mutually agreeable terms. On May 23, 2018 City Council approved Amendment No. 1 to Agreement No. 17-053 which extended the term to April 30, 2019, and increased the compensation by $430,000 for a revised not to exceed compensation amount of $860,000. On June 6, 2018 City Council approved Amendment No. 2 to Agreement No. 17-053 which increased the price per pound of polymer from $1.069 to $1.105. At this time, based on current operations, staff recommends exercising the option to extend the contract for one additional year through April 30, 2020 and increase the compensation by $500,000 for anticipated annual polymer usage. The increased annual polymer cost is due to operational changes made to address unforeseen upsets in the treatment process which required annual polymer usage to exceed previously anticipated volumes. This amendment revises the not to exceed amount to $1,360,000. Additionally, on February 19, 2019, City staff received a request from Solenis to increase the unit pricing of polymer from $1.105 to $1.16 per pound. The requested increase in price is due to cost increases of raw materials and is in accordance with the terms and conditions of the original agreement. City staff has reviewed the request and finds the proposed unit pricing increase reasonable. Sufficient funds are budgeted within the Sewer Enterprise Fund to fund this amendment. There is no General Fund impact associated with this amendment. ATTACHMENTS: Description D /kirneindirnent No 3 D E xh lb i'i t IB Type /kgireeirneint EkNbt AGREEMENT NO. AMENDMENT NO. [3] TO AGREEMENT NO. 17-053 THIS AMENDMENT NO. 3 TO AGREEMENT NO. 17-053 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and SOLENIS LLC (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, CITY and CONTRACTOR entered into Agreement No. 17-053 on May 10, 2017 wherein CONTRACTOR would provide centrifuge polymer in bulk to WWTP 3, make monthly service call to monitor polymer performance and provide customer service support on as -needed basis; and WHEREAS, CITY and CONTRACTOR entered into Amendment No. 1 to Agreement No. 17-053 on May 23, 2018 wherein the parties extended the term of the original contract to April 30, 2019 and increased the compensation by an additional Four Hundred Thirty Thousand Dollars ($430,000), for a total payment of Eight Hundred Sixty Thousand Dollars ($860,000) for additional required polymer and service; and WHEREAS, CITY and CONTRACTOR entered into Amendment No. 2 to Agreement No. 17-053 on June 6, 2018 wherein the CONTRACTOR requested a price increase from $1.069 to $1.105 per pound of polymer in accordance with the original terms of said agreement and the CITY agreed to the requested price increase; and WHEREAS, the parties now desire to enter into Amendment No. 3 to Agreement No. 17-053 to renew and extend the term until April 30, 2020 in accordance with the original terms of the said agreement; and WHEREAS, the CONTRACTOR has requested a price increase from $1.105 to $1.16 per pound of polymer in accordance with the original terms of said agreement and the CITY has agreed to the requested price increase; and WHEREAS, CITY and CONTRACTOR have agreed to additional compensation of Five Hundred Thousand Dollars ($500,000) above the previously established compensation of Eight Hundred Sixty Thousand Dollars ($860,000) for the required polymer and service. S:\Engineering\Annual Contract & Request For Proposal\RFP Dewater Polymer\2017\Agr 17-053\Amendment 3 to Agreement 17-053.doc February 21, 2019 -- Page 1 of 3 Pages -- NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 17-053 entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of One Million Three Hundred Sixty Thousand Dollars ($ 1,360,000.00) which shall be paid as follows: upon successful delivery of centrifuge polymer and completion of tasks assigned to CONTRACTOR as described in the RFQ/P. The unit price for the centrifuge polymer shall be as described in the proposal dated February 19, 2019, attached hereto as Exhibit B 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 No. 17-053 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on April 30, 2020. The contract is renewable for an additional one-year period at the CITY's option and upon mutually agreeable terms. 3. Except as amended herein, all provisions of Agreement No. 17-053 shall remain in full force and effect. S:\Engineering\Annual Contract & Request For Proposal\RFP Dewater Polymer\2017\Agr 17-053\Amendment 3 to Agreement 17-053.doc February 21, 2019 -- Page 2 of 3 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 17-053 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney II COUNTERSIGNED: NELSON SMITH Finance Director "CONTRACTOR" SOLENIS LLC By: Print Name: Title: S:\Engineering\Annual Contract & Request For Proposal\RFP Dewater Polymer\2017\Agr 17-053\Amendment 3 to Agreement 17-053.doc February 21, 2019 -- Page 3 of 3 Pages -- ........................................................................... EXHIBIT B s o Le n i s. Strong bonds. Trusted solutions. solenis.com EXHIBIT B February 19, 2019 City of Bakersfield Wastewater Treatment Plant No. 3 Attn: Sameena Gill 6901 McCutchen Road Bakersfield, CA 93313 RE: RFQ/P Centrifuge Polymer for Public Works Wastewater Division - renewal In response to the City's request for renewal for Centrifuge Polymer, Solenis LLC, is pleased to submit the following, to be effective May 1, 2019. PRODUCT I PRICE REQUESTED Praestol K148LJ BULK(current price $1.105) 1 $1.16 Packaging: Delivery: Terms: Bulk Delivery or Tote Bins 7-10 days after receipt of order Net 30 Due to significant rising raw material costs, particularly in petroleum, we are requesting the full price increase allowed of 5%. Please see the enclosed pricing indices which demonstrate the increases. We've included the Allied Chemicals and the Petroleum and Coal Products PPIs. Solenis manufactures among the highest quality, most cost effective polymers in the world and provides reliable technical service and sales support to our customers. Thank you for this opportunity, and we look forward to hearing from you soon. Sincerely, Christopher Kollman Municipal Sales Manager Solenis LLC • 3 Beaver Valley Road • Suite 500 • Wilmington, DE • 19803 • solenis.com Vf /r ' �� '� 0 0 zi a an CI] "7. C 0 Lo M r {- :r co (0 (D, CD CO C7 c+) N X3 d I� c•7 N c')M, CO co N m .s• M C N ca: N T- N N N N. 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N N cV N N 00 .t-- o CC) i- m co I- N - I- 6 M o d�-- r 6 CO 00 CD f-_ LO .07 N (O CD CD LC) M 0 ' i" f, - N r N N N N N N N N Cq Cf] {- r M N CO M (O LO LC) M I• m 00 (D Ul) a. 00 0) CD CA 0 Ln. 0) M CO r CO. � M r r (0 N N N N CV N N N Cil 1- CO CD N N -q co CO U-) r 1- m -t CC) in 'MC7. !-� CQ' m M 7, Cc) M 'C7) CO ['- CO Lc) CO r ti- CD IG r r r N N Ctrl N' N N N N ti 3/®6/19 CC AGENDA PACKET PG 394 CD CO 0) CO T` T` M r r- N .CD 1- M M- M f� V :00 r q* 01 CA. .� LC). O.07: CD ti CO.N •V' -l" r r LC) Q. r .N r .N N N N N N N Q 0) W. r co co M 00 m in L{) O L LC) 0 M 'd' CO co' n "T m 'r Cy r N N N N 'N N N N C3) cq Uf N r r C7. N co O) 0 1� CO. C; (D 0 0 r r CO CD .r ;Q Ln' CD M M f,- CO LC) c N r .M p) r N r N N N N N N CV cV + LL LI) Cs): co c0 a co 'C7 LC). to r� .CO l`. CZ .00 r- m M o0 0 00 Co. 'M co N LC) p co M f- co ' St N O N �) r N r N N N' N 'N N N N fl U L r .00 C7 0 r N. :M .� LS) CC ti co L CD G r r r r r r r r r D v 'v is v v o. v v v 0 v. O N N N N N N N. LSI. 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Q U �- C4 00 r 09. O] C7) 90 00 ro CD L(] I--. U w o. Q C t6 47 = 0 .L6 '.N CD O. in r m r .(37 I� N D CO CO .M rn CO: :00. CO (D LC] (o U r 6cm Qi "t3. CSO U- w In �. v N V. co Lo O V T I� d .Lo rb co L © (b N O C7 .i co O co .m O O I� 'r N m N '(O � CD D U L(7 :� CA R co .t-- co rn T cm. r- m .aa .--. co m t-- (9 r .m �--. .ti T cc CO -� ..-. 4- 7nw7aa��o v' .'I- km N. G1 N E G7' 'N cn o r N m� M (O [r W m i 0 '' CC Com' c7 r (7 r .0 r G r Q r fl r C r O r O v- C7 r .v a VI z G7 .' Lid J" cm .CSE N N " 'N N N .N N N 3/®6/19 CC AGENDA PACKET PG 395 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent —Agreements t TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DAT E: 1/23/2019 SUBJECT: Amendment No. 3tOAgreement NO. 16-036with Gilliam & Sons Inc. ($1,000,000; revised not tOexceed $8,857,300and extend term one VH8h,for the continued service Ofearthmoving and hauling. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The City annually utilizes earthmoving and hauling services across various departments. |ngeneral, 82rthOlOVOg and hauling [8fe[S to moving large qU8DUUeS Of earth or [Uhh|e for [jVi| engineering or building purposes. Examples include, but are not limited to, the pUh|iC VVO[kS Department (Streets OiViSiOD) hauls asphalt materials for paving projects; the VV8te[ ReSOU[CeS Department removes S8Dd from the hOttO0 Of the Kern River; and the pUh|iC VVO[kS Department (Solid VV85te [}iViSiOD) DlOVeS heavy equipment (e.g., water trucks and |O8de[S) requiring Dl8iDteD8DQ8 Sen/iQ8S. OnMarch 2.2O16.the City Council approved the contract for earthmoving and hauling with Gilliam & GOnS Inc., in the amount Of$3.Q57.3OO for 2 one-year p8hOd. n8n8vv2b|8 annually thereafter for four 0OnS8CUUm8 one-year periods. On K42nCh 8, 2017. the City Council approved Amendment NO. 1 extending the term one year. On April 11, 2018. City Council approved Amendment NO. 2 extending the term one year and increasing compensation $46O.00O. Currently, there is $2.300.000 2v2|2b8 On this contract. K approved, Amendment NO. 3 extends the hSnn one year and inCr82S8S COnp8nS2UOn $1.000.000 for 2 revised not to exceed amount Of $8.757.300. Funds are budgeted invarious sources, including the General Fund, R8fUS8, G8vv8r, Water, Capital Outlay, and Improvement funds within department budgets. ATTACHMENTS: Description Type O /kmen6mert No30o/kgmL16-036GiUiam& Sona /kgreemeint AGREEMENT NO. 16-036 (3) AMENDMENT NO. [3] TO AGREEMENT NO. 16-036 THIS AMENDMENT NO. 3 TO AGREEMENT NO. 16-036 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and GILLIAM AND SONS, INCORPORATED (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on the March 2, 2016, the CITY and CONTRACTOR have entered into Agreement No. 16-036 in the amount of $3,957,300 for the supply of earthmoving and hauling; and WHEREAS, on March 8, 2017, Council approved Amendment No. 1 extending the term one year; and WHEREAS, on April 11, 2018, Council approved Amendment No. 2 extending the term one year and increasing compensation $3,900,000; and WHEREAS, the parties desire to amend Agreement No. 16-036 to extend the agreement term one year and increase compensation ONE MILLION DOLLARS ($1,000,000) to allow continuance of providing earthmoving and hauling; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 16-036 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 MILLION EIGHT HUNDRED FIFTY-SEVEN THOUSAND THREE HUNDRED DOLLARS ($8,857,300) 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. -- Page 1 of 3 Pages -- 2. Section 12 of Agreement No. 16-036 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 agreement shall be renewable for one consecutive one-year periods at the City's option and upon mutually agreeable terms. 3. Except as amended herein, all provisions of Agreement No. 16-036 shall remain in full force and effect. 111 •�• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 16-036 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD GILLIAM AND SONS, INCORPORATED 1.2 KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT By: RANDY MCKEEGAN Assistant Finance Director 119017111 nol-. Title: -- Page 2 of 3 Pages -- APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: 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: 3/6/2019 Consent —Agreements u. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DAT E: 2/15/2019 ►t . SUBJECT: Amendment No. 2 to Agreement No. 17-043 with Burtch Construction, I nc. ($800,000; revised not to exceed $2,410,000 and extend the term one year), for the continued service of asphalt rejuvenator sealant. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: As part of a street maintenance program, the Public Works Department's Streets Division applies an asphalt rejuvenator sealant to surface streets to extend the life of the asphalt. The contractor supplies and spreads approximately 500,000 gallons of asphalt rejuvenator annually on an on-call, as needed basis. On March 29, 2017, City Council approved the contract for supply of asphalt rejuvenator sealant in the amount of $810,000 with Burtch Construction Inc., for a one-year period renewable annually thereafter for four consecutive one-year periods. On March 7, 2018, City Council approved Amendment No. 1 extending the term one year and increasing compensation $800,000. Currently there is $230,000 available on this contract. If approved, Amendment No. 2 will extend the term one year and increase compensation $800,000 for a revised not to exceed amount of $2,410,000. Funds are budgeted in the General Fund, Capital Outlay, Gas Tax, and SB1 Fund for this contract. Approval of this amendment allows the City to continue to meet the demand for asphalt rejuvenator sealant for the street maintenance program. ATTACHMENTS: Description Type D /k irneir7dirneint No 2 to /kgirnt. 17 043 IBUirtch C:'perinst. /kgireeirneint AGREEMENT NO. 17-043(2) AMENDMENT NO. [2] TO AGREEMENT NO. 17-043 THIS AMENDMENT NO. 2 TO AGREEMENT NO. 17-043 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and BURTCH CONSTRUCTION INC., (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on the March 29, 2017, the CITY and CONTRACTOR entered into Agreement No. 17-043 in the amount of $810,000 for the supply of asphalt rejuvenator sealant; and WHEREAS, on March 7, 2018, Council approved Amendment No. 1 extending the term one year and increasing compensation $800,000 to allow the continuance of asphalt rejuvenator sealant; and WHEREAS, the parties desire to amend Agreement No. 17-043 to extend the agreement term one year and increase compensation EIGHT HUNDRED THOUSAND DOLLARS ($800,000) to allow continuance of providing the supply of asphalt rejuvenator sealant; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 17-043 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 FOUR HUNDRED TEN THOUSAND DOLLARS ($2,410,000) 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 32 of Agreement No. 17-043 entitled "TERM" is hereby amended to read as follows: -- Page 1 of 3 Pages -- 32. TERM. Contractor shall provide services in strict accordance with the terms set forth herein for one (1) year from March 29, 2019, unless sooner terminated as set forth in this Agreement. The Agreement shall be renewable annually thereafter for two (2) consecutive one-year periods. Renewal options shall be exercised at the sole option and discretion of the City of Bakersfield. 2. Except as amended herein, all provisions of Agreement No. 17-043 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 17-043 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT By: RANDY McKEEGAN Assistant Finance Director "CONTRACTOR" BURTCH CONSTRUCTION INC By: 119017111 nol-. 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: 3/6/2019 Consent—Agreements v. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DAT E: 2/15/2019 LVITI-11 N SUBJECT: Amendment No. 1 to Agreement No. 18-051 with K & I Services, Inc. (extend the term one year), for the continued service of hauling wood chips. STAFF RECOMMENDATION: Staff recommends the approval of the amendment. BACKGROUND: The Public Works Department, Solid Waste Division, utilizes trucking contractors to distribute processed wood chips from the Mt. Vernon Green Waste Facility to various drop-off locations on an on-call basis. On March 21, 2018, City Council approved the annual contract for wood chip hauling with K & I Services, Inc. in the amount of $400,000. Currently there is $240,000 available on this contract. If approved Amendment No. 1 will extend the term one year, no additional funding required at this time. Funds are budgeted in the Refuse Fund for these contracts. Approval of this amendment will allow the City to continue to meet the demand for wood chip hauling. ATTACHMENTS: Description Type D /kirneindirnent No 1 to /kgirntl43...051 IK & II Services Iliriic /kgireeirneint AGREEMENT NO. 18-051(1) AMENDMENT NO. ONE [11TO AGREEMENT NO. 18-051 THIS AMENDMENT NO. ONE (1) TO AGREEMENT NO. 18-051 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 K & SERVICES, INC. (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on the March 21, 2018, the CITY and CONTRACTOR entered into Agreement No. 18-051 to provide trucking and transport services within the City's Mount Vernon Recycling Center; to transport materials from the Mount Vernon's Recycling Center to various locations; and other transportation services as needed; and WHEREAS, Agreement No. 18-051 was entered into with a total compensation of Four Hundred Thousand Dollars ($400,000) and a termination date of March 20, 2019, and a renewable option for four consecutive one year periods; and WHEREAS, the term of the agreement is nearing expiration and the parties desire to extend the term of Agreement No. 18-051 for another one year period; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. 18-051 as follows: 1. Section 12 of Agreement No. 18-051 entitled "Term" is hereby amended to read as follows: 12. TERM. The term of this Agreement shall be one (1) year after the date of execution. The agreement may be extended for three one year increments under the same terms and conditions upon the mutual, written consent of the CITY and CONTRACTOR. 2. Except as amended herein, all other provisions of Agreement No. 18-051 shall remain in full force and effect. AMENDMENT TO AGREEMENTC:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\DF967BFD-B2CC-4F01-8OF4- D9BOA0614DAA\Bakersfield. 14753.1.Amendment_1 to 18-051 K_I Services Inc.doc -- Page 1 of 2 Pages -- 03106119 CC AGENDA PACKET PG 405 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One [1 ] to Agreement No. 18-051 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DIRECTOR NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 JOSHUA H. RUDNICK Deputy City Attorney II Insurance: COUNTERSIGNED: NELSON SMITH Finance Director "CONTRACTOR" K & I SERVICES, INC. By: Print Name: Elizabeth Olaquez Title: C. E. O. AMENDMENT TO AGREEMENTC:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\DF967BFD-B2CC-4F01-8OF4- D9BOA0614DAA\Bakersfield. 14753.1.Amendment_1 to 18-051 K_I Services Inc.doc -- Page 2 of 2 Pages -- 03106119 CC AGENDA PACKET PG 406 ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent—Agreements w. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DAT E: 2/15/2019 LVITI-11 N SUBJECT: Amendment No. 1 to Agreement No. 18-052 with J. Garcia Trucking, I nc. ($100,000; revised not to exceed $200,000 and extend the term one year), for the continued service of hauling wood chips. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The Public Works Department, Solid Waste Division, utilizes trucking contractors to distribute processed wood chips from the Mt. Vernon Green Waste Facility to various drop-off locations on an on-call basis. On March 21, 2018, City Council approved the annual contract for wood chip hauling with J. Garcia Trucking Inc. in the amount $100,000. Currently there is $14,000 available on this contract. If approved Amendment No. 1 will extend the term one year and increase compensation $100,000 for a revised not to exceed amount of $200,000. Funds are budgeted in the Refuse Fund for this contract. Approval of this amendment will allow the City to continue to meet the demand for wood chip hauling. ATTACHMENTS: Description Type D /kirneindirnent No 1 to /kgirnt 1 (13 052J Ga lrda 'FIrUcHing /kgireeirneint AGREEMENT NO. 18-052(l) AMENDMENT NO. [1] TO AGREEMENT NO. 18-052 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 18-052 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and J. GARCIA TRUCKING, INC., (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on the March 21, 2018, the CITY and CONTRACTOR entered into Agreement No. 18-052 in the amount of $100,000 for the hauling wood chip material; and WHEREAS, the parties desire to amend Agreement No. 18-052 to extend the agreement term one year and increase compensation $100,000 to allow continuance of providing the hauling wood chip material; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 18-052 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 HUNDRED THOUSAND DOLLARS ($200,000) 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 32 of Agreement No. 18-052 entitled "TERM" is hereby amended to read as follows: 32. TERM. Contractor shall provide services in strict accordance with the terms set forth herein for one (1) year from March 22, 2019, unless sooner terminated as set forth in this Agreement. The Agreement shall be renewable -- Page 1 of 3 Pages -- /r; annually thereafter for three (3) consecutive one-year periods. Renewal options shall be exercised at the sole option and discretion of the City of Bakersfield. 2. Except as amended herein, all provisions of Agreement No. 18-052 shall remain in full force and effect. 121 •�• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 18-052 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT RANDY McKEEGAN Assistant Finance Director "CONTRACTOR" J. GARCIA TRUCKING, INC. By: 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: 3/6/2019 Consent -Bids x. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 2/19/2019 WARD: Ward (s) 2, 3, 4, 5 SUBJECT: Reject bid for the Pedestrian Countdown Timers - Part 7 project. STAFF RECOMMENDATION: Staff recommends rejection of low bid. BACKGROUND: The City successfully applied for a Highway Safety Improvement Program (HSI P) grant to install pedestrian countdown timers at 57 different locations throughout Northwest Bakersfield. These timers will be installed at signalized intersections with high pedestrian volumes near shopping centers and schools. The new pedestrian countdown timers will replace the existing "Walk/Don't Walk" signal heads with a countdown timer allowing pedestrians to better judge if they have enough time to safely cross the street. This project is part seven of eight total projects to install pedestrian countdown timers at all City signalized intersections. This project is 90% federally funded through HSI P and 10% locally funded with Capital Outlay Funds. The engineers estimate for this project is $98,700. On February 12, 2019, one bid was received; due to bidding irregularities, this bid was found to be not acceptable.This project will be re -advertised for bids. Anticipated council award date for the construction agreement is April 10, 2019. Vf f L [,Ylj M L4 MA , ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent- Bids y TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DAT E: 2/19/2019 WARD: Ward 6 SUBJECT: Accept bid and approve contract to Kemira Water Solutions, Incorporated ($85,000) for the annual contract to supply ferric chloride. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for an annual contract to supply ferric chloride. Wastewater Plant 3 uses ferric chloride in the digesters to reduce the concentration of hydrogen sulfide in order to maintain compliance with permit requirements issued by the San Joaquin Valley Unified Air Pollution Control District Air Board. Two bids were received in response to solicitation. To determine the lowest bidder, the bid specifications required bidders to provide a price per dry ton with a specific saturation per gallon based on the estimated usage of 50,000 gallons per year. The contract award is for a one-year period and the amount of the award ($85,000) is based on the budgeted funds available for this work. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Sewer Enterprise funds are available for this contract. The two bids received are as follows. PRICE TOTAL AFTER APPLIED BIDDER PER FORMULA DRY TON INCLUDING SALES TAX Kemira Water Solutions, Inc. $629.00 Lawrence, KS California Water Technologies, LLC $651.00 $79,376.77 $87,651.78 Santa Fe Springs, CA Staff finds the bid submitted by Kemira Water Solutions, Inc., Lawrence, KS to be acceptable and recommends approval of the contract in the amount of $85,000. ATTACHMENTS: Description Type D /kgireeirneint /kgireeirneint AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and KEMIRA WATER SOLUTIONS, INC. ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of supplying ferric chloride. 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 providing all materials, labor, equipment, permits and services necessary to fulfill the requirements of Bid No. 18-19-63 and any addenda thereto, all incorporated as though fully set forth 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. The following shall be deemed to be part of this Agreement as if fully set forth herein: • Invitation to Bid No. 18-19-63 • Bid Proposal • Non -Collusion Affidavit • Worker's Compensation Insurance Certification • Statement of OSHA Compliance • State of Compliance with Insurance Requirements • All provisions required by law to be inserted in this Agreement whether actually inserted or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of EIGHTY FIVE THOUSAND DOLLARS ($85,000) 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. 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. 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. The term of this Agreement shall be one (1) year from the date of execution. The Agreement may be extended for four one (1) year increments under the same terms and conditions upon the mutual, written consent of CITY and CONTRACTOR. 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 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. Vf / a s s a s 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 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: 19.1.1 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, council, 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 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. 19.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.4 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. 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 -:VII, 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 completed 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 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. 19.10 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. 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 subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 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: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: KEMIRA WATER SOLUTIONS, INC. 4321 W. 6t" St. Lawrence, KS 66049 785-842-7424 785-842-2629 (Fax) 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. 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: 59-3657872 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" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT 1.2 NICK FIDLER Public Works Director COUNTERSIGNED: 1.2 NELSON SMITH Finance Director "CONTRACTOR" KEMIRA WATER SOLUTIONS, INC. in Print Name: Title: Insurance: ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent- Bids z. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DAT E: 2/19/2019 WARD: Ward 2 SUBJECT: Accept bid and approve contract to Pacific West Controls, I nc., Visalia, California ($183,000) for the legacy control module upgrade at the Rabobank Arena. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited from contractors for the legacy control module upgrade at the Rabobank Arena. One bid in the amount of $183,000 was received from Pacific West Controls, Inc. The HVAC control system at Rabobank Arena is over 20 years old and is obsolete. Replacement parts are not available and hardware is starting to fail. Maintaining the system has become troublesome and some controllers are abandoned when replacements are not available. This project will upgrade the system to the most current hardware, thereby providing years of serviceable equipment. Funds are budgeted in the Capital Improvement Fund for this project. Staff concluded only one bid was received due to the limited authorized dealers for the specialized equipment at the facility. Staff finds the bid submitted by Pacific West Controls, Inc., Visalia, California, in the amount of $183,000 to be acceptable. ATTACHMENTS: Description Type D /kgireeirneint /kgireeirneint AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY") and PACIFIC WEST CONTROLS, INCORPORATED ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of electrical work. 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 providing all materials, labor, equipment, permits and services necessary to fulfill the requirements of Bid No. 18-19-58 and any addenda thereto, all incorporated as though fully set forth 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. The following shall be deemed to part of this Agreement as if fully set forth herein: • Invitation to Bid No. 18-19-58 • Bid Proposal • Bidder Security • Non -Collusion Affidavit • Workers Compensation Insurance Certificate • Statement of OSHA Compliance • Statement of Compliance with Insurance Requirements • Insurance • Performance and Labor & Materials Bonds • All provisions required by law to be inserted in this Agreement Whether actually inserted or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of ONE HUNDRED EIGHT THREE THOUSAND DOLLARS ($183,000) in accordance with the bid Vf /; a Eq a 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. 3. TERM. The term of this Agreement shall be six (6) months from the date of execution. All work must be completed 12 weeks from the date of the contract. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. 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. 6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work 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. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. 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 performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval. 11. 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 herein. 12. 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 and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 14. 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. 15. 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 Vf / a s s a s party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement. 16. INSURANCE. 16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 16.1.1 Automobile liability insurance, providing coverage for owned, non -owned, and hired autos 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 $1,000,000 per occurrence. 16.1.2 Commercial general liability insurance, unless otherwise approved by 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 $1,000,000 per occurrence. The policy must: 16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1.2.2 Provide products and completed operations coverage; 16.1.2.3 Provide premises, operations, and mobile equipment coverage; and 16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.2 General Provisions Applyinq to All Insurance Types. 16.2.1 All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may 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. 16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 16.2.3 The insurance required above, except for workers' compensation insurance, must 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 CITY in writing. 16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's 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 or CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the Vf I,7� '� 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. 19. 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. 20. 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 made available to CITY representatives upon request at any time during regular business hours. 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. 22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. 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. 25. 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. 26. 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. 27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. 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. 30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. 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 CITY HALL 1600 Truxtun Avenue Bakersfield, CA 93301 CONTRACTOR: PACIFIC WEST CONTROLS 7230 W Pershing Ct Visalia, CA 93291 Lf [,Y� �� 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. 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 CITY property. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 77-0420758 CONTRACTOR is a corporation? Yes X No (Please check one.) [Signatures on Following Page] Mf /, ' a s 'a IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" PACIFIC WEST CONTROLS, INC. in Print Name: Title: Insurance: ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent- Bids aa. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DAT E: 2/15/2019 WARD: Ward(s) 1, 2, 6 SUBJECT: Accept bid and approve contract to Argo Chemical, Incorporated ($45,000) for the annual contract to supply pool chemicals. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for an annual contract to supply pool chemicals for use by the Recreation and Parks Department at McMurtrey Aquatic Center, Silver Creek, Jefferson Park and Martin Luther King. Two bids were received in response to solicitation. To determine the lowest bidder, the bid specifications required bidders to provide prices on various pool chemicals with an estimated annual usage. The contract award is for a one-year period and the amount of the award ($45,000) is based on the budgeted funds available for this work. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. The two bids received are listed below. BIDDER AMOUNT Argo Chemical, Inc. $52,512.07 Shafter, CA Brenntag Pacific Inc $53177.77 Santa Fe Springs, ,, CA Funds are budgeted in the Recreation and Parks Department's operating budget for this contract. Staff finds the low bid submitted by Argo Chemical, Inc., Shafter, CA, to be acceptable and recommends approval of the contract in the amount of $45,000. ATTACHMENTS: Description Type Agireeirneinit Agreement AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY") and ARGO CHEMICAL, INCORPORATED ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of supplying pool chemicals. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following:_supplying pool chemicals in accordance with Bid No. 18-19-65 ("Scope of Work"). 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. The following shall be deemed to be part of this Agreement as if fully set forth herein: • Invitation to Bid No. 18-19-65 • Bid Proposal • All provisions required by law to be inserted in this Agreement whether actually inserted or not. 2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"): CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than FORTY FIVE THOUSAND DOLLARS ($45,000) for performing the Scope of Work. Vf / a s s a s 3. TERM. CONTRACTOR shall provide services in strict accordance with the terms set forth for one (1) year from execution of the Agreement, unless terminated sooner, as set forth in this Agreement. The Agreement shall be renewable annually thereafter for four (4) consecutive one-year periods. Renewal options shall be exercised at the City's option and upon mutually agreeable terms. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. 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. 6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work 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. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. 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 Vf I,Y� '� personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval. 11. 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 herein. 12. 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 and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 14. 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. 15. 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. 16. INSURANCE. 16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 16.1.1 Automobile liability insurance, providing coverage for owned, non -owned, and hired autos 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 $1,000,000 per occurrence. 16.1.2 Commercial general liability insurance, unless otherwise approved by 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 $1,000,000 per occurrence. The policy must: 16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1.2.2 Provide products and completed operations coverage; 16.1.2.3 Provide premises, operations, and mobile equipment coverage; and 16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be Vf I,7� '� insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.2 General Provisions Applying to All Insurance Types. 16.2.1 All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may 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. 16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 16.2.3 The insurance required above, except for workers' compensation insurance, must 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 CITY in writing. 16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's 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 or 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. 19. 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. 20. 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 made available to CITY representatives upon request at any time during regular business hours. 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. 22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. 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. 25. 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. 26. 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. 27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. 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. 30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. 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 CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: ARGO CHEMICAL, INC. 30933 Imperial Street Shafter, CA 93263 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. 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 CITY property. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95-3631863 CONTRACTOR is a corporation? Yes X No (Please check one.) [Signatures on Following Page] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: RECREATION AND PARKS DEPARTMENT By: DIANNE HOOVER Recreation and Parks Director COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" ARGO CHEMICAL, INC. By: Print Name: Title: Insurance: ADMINISTRATIVE REPORT MEETING DATE: 3/6/2019 Consent— Successor Agency Business ab. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DAT E: 12/3/2018 VITI-11 N SUBJECT: Receive and file Successor Agency payments from January 25, 2019, to February 21, 2019, in the amount of $1,100.00. STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency has a Recognized Obligation Payment Schedule (ROPS) approved by both the Bakersfield Oversight Board and the DOF. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the SuccessorAgency. A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #686669 to HDL Coren & Cone Inc for $1,100.00 is a payment for statistical information for tax allocation bonds continuing disclosure report. Payment approved as ROPS 18-19, line item #3. ATTACHMENTS: Description Type D 1 C heck Reg i'i steir /kd rni'i in S /k P yrnints 03...06...,a'0,19 Ba ckU�p Ma. teir4� 2/22/2019 AP - CHECK REGISTER - SUCCESSOR AGENCY PAGE 1 FROM 1/25/2019 TO 2/21/2019 Check Vendor Number Number Vendor Name Check Date Check Total 636669 10323 HDL COREN & CONE INC Feb 7, 2019 $1,100.00 $1,100.00 E -Payables Vendor E -Payables Number Number Vendor Name E -Payable Date Amount 0.00 in Disbursement Total 1 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN-SA\03-06-2019\ $0.00 $1,100.00 /, ' a