Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10/11/2023 5:15 CC AGENDA PACKET
0 BAK LD BAKERSFIELD CITY COUNCIL THE SOUNDND OF OE�jnn2e,(G/iNvy�e((cY AGENDA MEETING OF OCTOBER 11, 2023 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. Agenda Item Public Statements b. Non-Agenda Item Public Statements 6. APPOINTMENTS 7. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. M inutes: a. Approval of the minutes of the September 27, 2023, Regular City Council meetings. Payments: b. Receive and file department payments from September 15, 2023, to September 28, 2023, in the amount of $24,353,806.10, Self Insurance payments from September 15, 2023, to September 28, 2023, in the amount of $445,141.83, and true-up payment to the SPCA in the amount of$50,717.60, totaling $24,849,665.53. Ordinances: Resolutions: c. Resolution calling for the Primary Municipal Election for the Office of Mayor and requesting consolidation with the County of Kern for the Statewide Direct Primary Election to be held on Tuesday, March 5, 2024. d. Resolution authorizing the Establishment and Formation of the Bakersfield Community Land Trust. e. Resolution declaring any COVI D-19 Related Mandates Unenforceable. Ward 6 f. Resolution determining that a replacement biosolids spreading trailer cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $129,900. g. Resolution determining that skid steer/compact track loaders can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding thereof, not to exceed $247,000. h. Dispense with Bidding for the purchase of a forklift for the Solid Waste Division: 1. Resolution determining that a forklift can most efficiently be obtained through cooperative procurement bidding procedures Quinn Lift and authorizing the Finance Director to dispense with bidding thereof, not to exceed $139,400. 2. Appropriate and transfer $44,400 Refuse Enterprise Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase of four(4) units for the Solid Waste Division. i. Dispense with Bidding for the purchase of one high-top front loader compactor for the Mechanics Bank Arena: 1. Resolution determining that a high-top front loader compactor can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding thereof, not to exceed $65,000. 2. Appropriate $20,000 Equipment Management Fund Balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase of a high-top front loader for the Rabobank Arena. j. Amendment No. 3 to Resolution No. 098-23 setting salaries and related benefits for officers and employees of the General Supervisory and Management Units and adopting salary schedule and related benefits. Agreements: k. Agreement with MI G, Inc. (not to exceed $70,000), for consulting services and project management to establish a Public Arts Program to commission various public arts installations within the City. 1. Independent Contractor's Agreement with community-based organization, Community Action Partnership of Kern, (not to exceed $225,000), to provide intervention, prevention, and mentoring services with a mission to educate, motivate and rehabilitate those at the highest risk of gun violence. m. Agreement with Greater Bakersfield Legal Assistance, Inc. (GBLA) (not to exceed $100,000), of Community Development Block Grant funds for Fair Housing Program Services. n. Amendment No. 1 to Agreement No. 2020-082 with The Segal Company (not to exceed $99,000 in 2023-2024) for continued Health Care Consulting. o. Amendment No. 1 to Agreement No. 18-174 with the Bakersfield Homeless Center (BHC) ($64,500, revised not to exceed $196,850), to provide assistance with basic cleanup of sumps, canals and basins and related work. Ward(s) 1,2, 3,6, 7 p. Amendment No. 3 to Agreement No. 19-070 with AECOM ($287,065.56; revised not to exceed $24,578,221.22) for additional construction management services for the Centennial Corridor Mainline Project. Bids: q. Accept bid from Jim Burke Ford, Bakersfield, CA ($59,598.30), for the purchase of two Compact Crew Cab Pickups, All-Wheel Drive for the Police Department. r. Accept bid from Stommel, Inc., dba LEHR ($361,222.23), for Panasonic CF-33 Toughbook Laptops for the Technology Services Department. s. Accept bid and approve contract with Brazos Urethane, Inc. (not to exceed $180,100), for Bakersfield Police Department Headquarters East Wing Roof Restoration. Ward(s) 4, 5 t. Yellow Flashing Beacons: Mountain Vista Drive (near Earl Warren Junior High School)and Old Farm Road (near Veterans Elementary School) 1. Accept bid and approve contract with Loop Electric, Inc. ($279,406). 2. Authorize staff to approve, as necessary, up to $30,000 in City-controlled contingency for unforeseen conditions encountered during construction for said project. Miscellaneous: Successor Agency Business: u. Receive and file Successor Agency payments from September 15, 2023, to September 28, 2023, in the amount of$825.00. Public Safety/Vital Services Measure: Ward(s) 3,4 v. Reject all bids for the Westside Parkway Landscaping Phase One Project and reappropriate funds to the Friant-Kern Multi Use Path Project. 8. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 9. HEARINGS 10. REPORTS 11. DEFERRED BUSINESS 12. NEW BUSINESS 13. COUNCILAND MAYORSTATEMENTS 14. CLOSED SESSION ( if continued from 3:30 meeting) 15. ADJOURNMENT (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF Gievle(G(inc��e4(ev MEETING DATE: 10/11/2023 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DATE: WARD: SUBJECT: Agenda Item Public Statements STAFF RECOMMENDATION: BACKGROUND: Speakers: 1. Mary Helen Barro spoke regarding item 7.e. (written material provided) 2. Wendell Wesley Jr. spoke regarding item 7.d. & 7.e. 3. Emma De La Rosa, Leadership Counsel for Justice & Accountability, spoke about item 7.d. ATTACHMENTS: Description Type a Written material provided by I ery II Nelen li:lerro Correspondence a Written material provided by 1::.:lrmrme IDe Il...e IRosa Correspondence Rec'd & Placed on file at City 1 Council Meeting of: Date:_.IC7__I 1_ � r Agenda Item: _ Submitted Bakersfield it it to decideenforce future t BY JOHN DONBGAN jdonegan@bakersfield.com Oct 10, 2023 1/! f f 7 i Ad i i i ;;Y� ✓°G��/ x /;; �tF� ' � ;rYGj �li'�; ;7�'��!✓i � �, ;ll ��� r<� ea ✓� �;�%r 1l i� '� 9 fly/'� fri�� Ih�� �(r r1 ,�rr r 14, V ✓ ✓'7 rr 1� � �ff i �✓� f G ii�p F � �;f f�` �, ✓i/r;yS d42 t i Protesters gathered in the front of Bakersfield City Hall in downtown Bakersfield on May 1, 2020 to rally against California's closed economy during the COVID-19 pandemic. Jennifer Johnson / For The Californian / File Bakersfield's elected will hear a resolution Wednesday night over whether the will choose to enforcea f ��w COVI 19 mandates in the event of iu,mther o i. lllbreak. 1 The resolUtion cornes at.t liie irefer,ra l °.°of Ward 3 COLIncHnIan i ein Weir, who said at the Sept. 13 Bakersfieldit uncil meeting that these mw° dates l avc come i l',i conseqUence to local bLJSiinesses and prevente, ..the ublic from e life." c� i�� yin th ..W°°�°.�W.�, "We've l been throughl we've cornet other out the e," Weir said t the tin r side of COVID i mandatorbusiness closures, school clostires, economicdecline .mm li j, r° i l inflation, interest rates.thaftt.Lefy a mf r i it n, fadinghomelessness, !gLLMce and the dream of homeownershi seems to be " (green items were here long beforel , and or wereprimarily caused by other factors.) An approval by the City Council would have it that Bakersfield wouldt a federal l mandates that arise from enforce future ,.m. " c ro it r ni°° °t, t variants. This include mandates i s on n �mw ° irc u� in cnll "n,a " " cis and "But it's not t eir yet," itsaid. ,"There have begn sey&ral news outlets lumps 2rltiirI, � ,§,,li,i,,Iit t �'ill'���� °1 � rtick and with it the likelihood w° thatnational n a ,t , er Wme t ill issue., �� , , c it safe distancemandates." an s." 'Thiso r a summer that saw an uptickin cases statewide. According to Kern' COVID-19 dashboard, thereweiire morethari 2.600 c n Kern compared to t° l iw i 1 . ti rn p ww fin " U I. 2 4 el R Im agency1 A local governmental does i�m� t1,mve� , m 1 Override most CALIFORNIA� state and/or federal regulations 2 Students,, school teachers, schoolsdistricts l 'i s, . illnessIn a close COVID spreads quickly. The disruption, confusion and d achievernent. ALSOSIDS mm s,es 'that have state arid/or federal ficensing, would l be risk a N a ! m l mm i and also i loss N� l lce i se, and i interacting4. Additionally, the city and/or btisiriesses, would be o civil lawsuits by businesses,, or customers/families� N suffer h��� t i 1 . e ��to exposure in a non-complian environment. 5. w' e — LOSS OF CUS"11:10MERCONFIDENCE/TRUST. If a custorner gets ill after visiting yotir business, !,, _A!21)[TIQN 1`0 THE BAD 13tJB,[J n ��� subject possible ��pq legal a , IF A BUSINESS WON'T ' mw M gym m I mu r 1 f i 3 Rec'd & Placed on file at City Council Meeting of: Date: lo-1t ' .�3 Agenda Item: 71 YEARS Submitted by:�GY1r'v(Y Or\Ck LEADERSHIP COUNSEL for JUSTICE&ACCOUNTABILITY October 1lth, 2023 Bakersfield City Council 1501 Truxtun Ave, Bakersfield, 93301 RE: Resolution authorizing the Establishment and Formation of the Bakersfield Community Land Trust Leadership Counsel for Justice and Accountability ("LCJA") works alongside the most impacted communities aiming to eradicate injustice, advocating for sound policy and securing equal access to opportunity regardless of wealth, race, income and place. We work alongside some of the most vulnerable communities within the City of Bakersfield at risk of displacement, and communities experiencing overcrowding, rent burden and poverty. Rental prices within the City of Bakersfield have skyrocketed approximately 39% since March of 2020.' This is an incredibly high percentage which affects communities like Southeast and Central Bakersfield that are the most prone to displacement.2 Additionally, a low supply of affordable housing is what has contributed to the disadvantages and displacement risks these communities face.' LCJA supports the establishment of a Community Land Trust("cur,,). We urge the City Council to adopt the resolution with edits to include language committing the City and non profit to collaborate with community to develop policies and procedures for the CLT, language to equitably distribute CLTs, and language to commit to a transparent community engagement process. We also urge the City to include a CLT ordinance in the 6th Cycle 2023-2031 Housing Element. I. The non-profit must collaborate with community California remains in a housing crisis and Bakersfield is no exception to this. The most recent Point-in-Time Count identified 1,755 residents within the City to be currently experiencing homelessness.' A lack of available affordable housing is another barrier prohibiting ' Some of California's"cheapest"have seen the biggest rent hikes,(July 21 st,2023)available at https://calmatters.oi,g/housing/2023/07/chew-places-to-live-california/. 2 Bakersfield Draft Housing Element,Appendix D;Affirmatively Furthering Fair Housing,p.D-82 https://bakersfield2O45.com/wp-content/uploads/2023/09/Appendix-D-AFFH Revised-Sept-2023.pdf. s Bakersfield Draft Housing Element,Appendix D;Affirmatively Furthering Fair Housing,p.D-7 https://bakersfield2O45.coni/wp-content/uploads/2023/09/Appendix-D-AFFH Revised-Sept-2023.pdf. a Bakersfield Draft Housing Element,Appendix D;Affirmatively Furthering Fair Housing,p. D-79 4 a 1O YEARS OPP— LEADERSHIP COUNSEL forIUSTICE&ACCOUNTABILITY current homeless individuals from finding permanent housing. Establishing a CLT is one way the City can assure that the community has access to long-term affordable housing. In order to effectively establish a CLT, the City must commit to inclusive, direct and enforceable language in the resolution. The CLf resolution attached to the October 11, 2023 City Council agenda contains vague and broad language. It fails to identify the non-profit who will partner with the City on this project, the scope of work, and commitments to conduct community outreach and engagement throughout this process. For example, the resolution states, "a community land trust(CLT) is an independent section 501(c)(3) nonprofit organization created to oversee permanent affordable housing and preserve it for future generations." The resolution should identify the non-profit. If the City has yet to identify the non-profit, the City must commit to working with the community to do so. The resolution should include guidelines to commit the City and the non-profit to work with the community in various capacities such as with a community steering committee to identify the location for CLTs, policies and procedures. II. The City Must Place Community Land Trusts Equitably Throughout the City The most recent Bakersfield Draft Housing Clement at page D-18 admits segregation has worsened in the last decade in the City. The Housing Element identified that Southeast and Central Bakersfield are most at risk of displacement, poverty, overcrowding, rent burden and many other housing issues. These areas also tend to hold the most non-white populations.' The City has the duty to Affirmatively Further Fair Housing ("AFFH") in which the City must meaningfully undo the racial and historical segregation and discrimination Black, Indigenous, Peoples of Color("BIPOC") have faced throughout the past centuries (§ 665583(c)(5),(10)). While the resolution does not specify where the CLT's will be placed, we strongly urge the City to identify various locations within Southeast and Central Bakersfield as well as present these sites to community residents so they can ultimately make the decision. Additionally, we reiterate the need to intentionally target low income communities with information on CLT's and invite them to multiple workshops led by the City. httl2s://bakersfield2045.corn/wp-content/uploads/2023/09/Appendix-D-AFFH Revised-Sept-2023,pd 'Bakersfield Draft Housing Element,Appendix D;Affirmatively Furthering Fair Housing,p. D-18-19 https://bakersfield2045.com/wp-content/uploacls/2023/09/Appendix-D-AFFI-1 Revised-Sept-2023.pdf. .T 10 YEARS LEADERSHIP COUNSEL for JUSTICE&ACCOUNTABILITY The City must also identify areas within Northwest and Southwest Bakersfield where CLT's can be placed.' These two areas were identified as Racially Concentrated Areas of Affluence ("RCCA") within the Draft Housing Element. Placing CLT's in RCAA will strategically ensure that low income housing is placed in areas that have essential resources like grocery stores, medical facilities and pedestrian safe infrastructure. 'Phis will also ensure development barriers for low income housing are removed and that the City is complying with its duty to Affirmatively Further Fair Housing (§ 665583(c)(5),(l0)). III. The City must commit to a transparent community engagement process A. Community Steering Committee A CLT is designed to help the community build generational wealth and live in affordable housing. To effectively and adequately set up a CLT, the community must be at the forefront of this process. In order for this to effectively happen, the City must hold a transparent and inclusive community engagement process. The City should establish a community steering committee and ensure the initiative is community led and community focused. This committee shall be majority community residents and rules, authorizations and powers shall be identified with the creation of the steering committee. Additionally, this committee shall be the one who decides which non-profit leads the work on the CLTs and what their scope of work will be. The steering committee should also have final say in where the CLTs will be placed and who will ultimately be eligible for a unit under the CLT. The City must amend the resolution to include commitments to work with the community such as requirements to conduct well-rounded outreach for the CLT. This can include door to door outreach, tabling at events, sharing fliers and partnering with Community Based Organizations ("CBOs") and reaching out to multi-language media. The City must also provide informational materials in multiple languages including but not limited to—English, Spanish, Punjabi, Mixtec, and Nahuatl. In identifying the locations for the CLTs, the City must provide a list of eligible parcels and provide them to the community steering committee to choose where the CLTs will be placed. 6 Bakersfield Draft Housing Element,Appendix D;Affirmatively Furthering Fair Housing,p. D-38 his://bakersfield2O45.com/wp-content/uploads/2023/09/Appendix-D-AFFH Revised-Sept-2023 pdf. ]Q YEARS LEADERSHIP COUNSEL for JUSTICE&ACCOUNTABILITY B. The City must prioritize special populations Housing Element Law identifies "special populations" as persons with disabilities, farmworkers, homeless individuals and seniors, section 65583, subdivision (a)(7). The City has identified that these special needs groups are particularly at high risk of becoming homeless or living in substandard conditions.' These groups should be prioritized and targeted for outreach for the CLT as well as prioritized when a CLT is made available to occupy. In particular, farmworkers currently have little to no housing within the City of Bakersfield. The Draft Housing Element identifies the City only hosts two farmworker housing complexes.' This is a very small amount of farmworker units that are available, meaning that farmworkers would have to live in regular housing that may be too expensive for them. Additionally, the state Department of Housing and Community Development("HCD") identified that the current Housing Element Draft for the City of Bakersfield failed to adequately analyze the needs of farmworkers in the most recent HCD findings letter from September 20th, 2023. Missing from this analysis is the actions the City will take to assist in the development of more farmworker housing within the City of Bakersfield. Having a CLT specifically aimed at ensuring farmworkers have access to living and purchasing affordable housing is one way the City can meet this need. We recommend the City to additionally create a CLT aimed at ensuring seniors have access to living and purchasing affordable housing. Around 19%of all voucher holders within the City of Bakersfield are seniors and most are living on a very tight budget.' Seniors are most prone to live in low income housing and approximately 35%of seniors within the City have a disability.10 A Senior focused CLT should be located in an area close to public transportation, grocery stores and clinics. Many seniors that work alongside LCJA often express frustrations with mobility and living far away from essential services and resources. IV. The City must include the CLT in the 6th Cycle Bakersfield Housing Element 2023-2031. 'Bakersfield Draft Housing Element,Appendix D;Affirmatively Furthering Fair Housing,p.D-5-7 https•//bakersfield2045.com/wp-content/uploads/2023/09/Appendix-D-AFFH Rev ised-Sept-2023.pdf. 'Bakersfield Draft Housing Element,Appendix D;Affirmatively Furthering Fair Housing,p.D-101 littps://bakersfield2O45.com/wp-content/up load s/2023/09/A ppendix-D-AFFH Revised-Sept-2023 pdf. s Bakersfield Draft Housing Element,Appendix D;Affirmatively Furthering Fair Housing,p.D-100 h //bakersfield2045 com/wp-content/uploads/2023/09/Appendix-D-AFFH Revised-Sept-2023 pdf. 10 Bakersfield Draft Housing Element,Appendix D;Affirmatively Furthering Fair Housing,p.D-22 https•//bakersfield2O45 com/wp-content/uploads/2023/09/Appendix-D-AFFH Revised-Sept-2023 pdf. 10 YEARS Vv- LEADERSHIP COUNSEL for JUSTICE&ACCOUNTABILITY LCJA strongly encourages the City to include a Community Land Trust program within the Draft Housing Element to ensure that this program is implemented in an efficient and timely manner. Action 5.8 of the 6th Cycle Draft Housing Element provides technical assistance from the City when developers apply for Project Homekey Funding for low income and extremely low income housing. The action also provides various examples in which this funding can be used and listed in those examples is a CLT". While we acknowledge this mention of potential funding for a CLT, we still urge the City to include a program specifically implementing an ordinance for a CLT program. Including a CLT program within the City's 6th Cycle Housing Element will abide by the City's duty to Affirmatively Further Fair Housing(§665583(c)(5),(l0)) and will help address revisions that HCD has flagged in their findings letter. Additionally, a CLT ordinance is used as an example of a Fair Housing Law practice in the AFFH HCD memo.12 Consequently, this same memo explains that CLTs also fall under housing mobility strategies that can help remove barriers to low income housing in areas of opportunity and strategically enhance access. Including a CLT ordinance in the 6th Cycle Housing Element will support the City's duty to Affirmatively Further Fair Housing and compliance with housing element law. LCJA urges the City to include our above recommendations into the current resolution. The City must commit to a transparent community engagement process, detailed and enforceable language and inclusion of a CLT ordinance within the Bakersfield 6th Cycle Housing Element. We appreciate your time and consideration, we look forward to continuing to work with the City to establish an inclusive and transparent Community Land Trust program within the City of Bakersfield. Respectfully, /s/ Sandra Plascencia-Rodriguez Kern Policy Advocate Leadership Counsel for Justice and Accountability 11 Bakersfield Draft Housing Element,Appendix A;Draft 2023-2031 Draft Housing Element p.2-13 https://bakersfield2045.com/wp-content/uploacls/2023/09/Bakersfield-Housing-Element_Revised-Sept-2023.pdf 12 California Department of Housing and Community Development: Affirmatively Furthering Fair Housing. Guidance for all Public Entities and Housing Elements. P.72. https•//www lied ca gov/community-development/affli/does/affli document final_4-27-2021 pdf. (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF Gievle(G(inc��e4(ev MEETING DATE: 10/11/2023 Public Statements 5. b. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DATE: WARD: SUBJECT: Non-Agenda Item Public Statements STAFF RECOMMENDATION: BACKGROUND: Speakers: 1. Pastor Mike Jenkins spoke regarding "Unity in the City" Prayer event, October 22, 2023. 2. Wendell Wesley Jr. spoke regarding pedestrian safety concerns near California Avenue Senior Housing. (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Minutes a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DATE: WARD: SUBJECT: Approval of the minutes of the September 27, 2023, Regular City Council meetings. STAFF RECOMMENDATION: Staff recommends approval. BACKGROUND: ATTACHMENTS: Description Type a September 27 minutes li:leck up I eteriel A OR"'�� �,. BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 27, 2023 IO Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting s-3:30 p.m.and 5:15 p.m. REGULAR MEETING - 3:35 PM 1. ROLL CALL Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers, Weir, Smith, Gray Absent: Councilmembers Arias, Freeman, and Kaur 2. PUBLIC STATEMENTS a. Agenda Item Public Statements None. b. Non-Agenda Item 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 Martinez Steel Corporation v. Security Paving Company Inc.; The City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-102922 (one matter) b. Conference with Legal Counsel— Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2)(e)(1) (one matter) C. Conference with Legal Counsel— Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(4) (one matter). Motion by Vice Mayor to adjourn to Closed Session at 3:38 p.m. The Closed Session meeting was adjourned at 5:04 p.m. Meeting reconvened at 5:05 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 Martinez Steel Corporation v. Security Paving Company Inc.; The City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-102922 (one matter) No Reportable Action. b. Conference with Legal Counsel— Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2)(e)(1) (one matter) No Reportable Action. Bakersfield, California, September 27, 2023 - Page 2 4. CLOSED SESSION ACTION continued C. Conference with Legal Counsel— Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(4)(one matter) By a vote of 4-0, City Attorney was given direction with Councilmembers, Arias, Freeman, and Kaur absent. 5. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:06 p.m. Bakersfield, California, September 27, 2023 - Page 3 REGULAR MEETING - 5:17 PM 1. ROLL CALL Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias (seated at 5:19 p.m.), Weir, Smith, Gray, and Kaur Absent: Councilmember Freeman 2. INVOCATION By Pastor Andrew Spradlin, Co-Senior Pastor of Valley Baptist- Fruitvale. 3. PLEDGE OF ALLEGIANCE By Tanvi Thallapalle, Sophomore at Stockdale High School, Ward 5 Youth Commissioner. 4. PRESENTATIONS a. Proclamation to Jennifer Henry, Executive Director of Links for Life, declaring Paint the Town Pink Month in Bakersfield during October 2023. Mayor Goh read a Proclamation regarding National Hispanic Heritage Month in Bakersfield, September 15, 2023, through October 15, 2023. 5. PUBLIC STATEMENTS a. Agenda Item Public Statements 1 . Ricardo Ybarra and Cathy Butler spoke regarding item 7.e. 2. Lori Pesante spoke regarding item 7.d. b. Non-Agenda Item Public Statements 1 . Zac Griffin spoke regarding road safety at the intersection of Panorama and Monte Vista. Councilmember Arias requested staff speak with Mr. Griffin to learn more about the cyclist challenges caused by Monte Vista and Panorama Drive Improvement Project and provide a presentation to the Ad Hoc Multimodal Transportation Committee on the issues. 2. Kelly James spoke regarding misuse of funds for Inmate Legal Assistance Program (written material provided). Vice Mayor Gonzales requested staff from the City Attorney's Office speak with Ms. James and provide her with contact information to the Kern County Bar Association who oversees the IDP Program. 6. APPOINTMENTS None. Bakersfield, California, September 27, 2023 - Page 4 7. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the September 13, 2023, Regular City Council Meetings. Payments: b. Receive and file department payments from September 1, 2023, to September 14, 2023, in the amount of $16,535,731.22, and Self Insurance payments from September 1, 2023, to September 14, 2023, in the amount of $563,395.28, totaling $17,099,126.50. Ordinances: C. Adoption of ordinance amending the official zoning map of the Bakersfield Municipal Code Section 17.06.020 by changing the zone classification from R-1 (Single Family Dwelling), R-1/PUD (Single Family Dwelling/Planned Unit Development), R-2/PUD (Limited Family Dwelling/Planned Unit Development), C-1 (Limited Commercial), C-2/PCD (Regional Commercial/Planned Commercial Development), and DI (Drilling Island) to M-1 (Light Manufacturing) on approximately 920 acres located at the southeast corner of Seventh Standard Road and Rudd Avenue. The applicant is McIntosh & Associates on behalf of the property owner, Keith Gardiner. (ZC No. 23-0015) (FR 9/13/23). ORD 5138 d. Adoption of ordinances amending the official zoning map of the Bakersfield Municipal Code Section 17.06.020 by changing the prezone classification on approximately 1,601 acres located within the City of Bakersfield's Sphere of Influence. The applicant is the City of Bakersfield. (No. 23-0244) (FR 9/13/23) 1 . From C-2 (Regional Commercial), R-S-20A (Residential Suburban- 20 acre), R-S-5A (Residential Suburban-5 acre), RS-2.5A (Residential Suburban-2.5 acre), and A (Agricultural) to C-2 (Regional Commercial), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Multiple Family Dwelling), R-4 (High Density Multiple Family Dwelling), and R-5 (Very High Density Residential) located generally on Taft Highway and Gosford Road. ORD 5139 2. From A (Agricultural) and C-1 (Neighborhood Commercial) to C-1 (Neighborhood Commercial), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), and R-3 (Multiple Family Dwelling), located generally on Snow Road and Calloway Drive. ORD 5140 Bakersfield, California, September 27, 2023 - Page 5 7. CONSENT CALENDAR continued Item 7.d.continued 3. From A (Agricultural) and M-3 (Heavy Industrial) to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Multiple Family Dwelling), R-4 (High Density Multiple Family Dwelling), R-5 (Very High Density Residential), and OS (Open Space), located generally on Cottonwood Road and Pacheco Road. ORD 5141 4. From A (Agricultural) to IRS (Residential Suburban), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-4 (High Density Multiple Family Dwelling), R-5 (Very High Density Residential), and C-2 (Regional Commercial), located generally southeast of Zerker Road and Seventh Standard Road. ORD 5142 Resolutions: e. Resolution of the Bakersfield City Council authorizing the City Manager or his designee to reimburse a portion of the internal costs incurred by the City due to the Veterans Day and Christmas Parades from the Community Events Fund for Fiscal Year 23-24. RES 138-2023 f. Resolution confirming approval by the City Manager designee of the Code Enforcement Manager'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 139-2023 g. Resolution determining repairs to a Solid Waste loader cannot be reasonably obtained through the usual bidding procedures, and authorizing the Finance Director to dispense with bidding, not to exceed $85,000. RES 140-2023 h. Resolution to dispense with formal bidding procedures in the purchase of Dell Hardware and authorizing the use of cooperative procurement contracts, not to exceed $300,000. RES 141-2023 i. Resolution determining that an asphalt roller can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding thereof, not to exceed $351,200 for the Streets Division. RES 142-2023 Bakersfield, California, September 27, 2023 - Page 6 7. CONSENT CALENDAR continued j. Resolution determining that a backhoe loader can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding thereof, not to exceed $173,300. RES 143-2023 k. Revised, New Job Specifications and Salary Updates: 1. Amendment No.2 to Resolution No. 098-23 setting salaries and related benefits for officers and employees of the General Supervisory and Management Units and adopting salary schedule and related benefits. RES 098-23 2. Amendment No. 2 to Resolution No. 052-23 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. RES 052-23 3. New Job Specifications: Fiscal and Administrative Services Supervisor #57075, Communications and Marketing Manager #88495, Senior Planner # 27085; Administrative and Fiscal Services Specialist 1/11 #26235/26240. 4. Revised Job Specification: Assistant Planner #25040, Associate Planner #27060; Marketing and Events Specialist #25010, Economic and Community Development Director #88100. Agreements: I. Agreement with JustFOIA Inc. (not to exceed $57,927.19, over three years), for public records request tracking web service. AGR 2023-232 M. Agreement with Datafy, LLC (not to exceed $259,500), for visitor and consumer insights and advertising. AGR 2023-233 n. Agreement with Ikegami Electronics, USA, Inc., ($160,001), for the purchase, replacement and installation of the Digital HDTV Cameras and Equipment at Mechanics Bank Arena. AGR 2023-234 o. Independent Contractor's Agreement with community-based organization, Stay Focused Ministries, (not to exceed $225,000), to provide intervention, prevention, and mentoring services with a mission to educate, motivate and rehabilitate those at the highest risk of gun violence. AGR 2023-235 Bakersfield, California, September 27, 2023 - Page 7 7. CONSENT CALENDAR continued P. Agreement with Cal Valley Equipment LLC (not to exceed $200,000), to provide inspection, maintenance, and repair services to City owned Fleet Division's fueling stations. AGR 2023-236 q. Final Map and Improvement Agreement with IDS Bako Properties, LLC (Developer) for Tract 7390 located on the east side of Buena Vista Road, north of Vista Del Christo Drive. AGR 2023-237 r. Amendment No. 1 to Agreement No. 2022-203 with Cooperative Personnel Services, dba CPS HR Consulting (extending term to December 31, 2024) to continue ongoing recruitment services. AGR 2022-203 (1) S. Amendment No. 1 to Agreement No. 2023-042 (B) with Clariti Cloud, Inc. ($787,398; revised not to exceed $2,540,983), for additional user licenses for Clariti Community Development software. AGR 2023-042 (B) (1) t. Amendment No. 3 to Agreement No. 2021-216 with Contact Security, Inc. (increasing compensation by $222,960.48; revised not to exceed $657,907.44, and extending term one year until September 30, 2024), to continue onsite security at the Bakersfield Amtrak Station. AGR 2021-216 (3) U. Amendment No. 3 to Agreement No. 2021-199 with Bakersfield ARC Inc. ($75,000, revised not to exceed; $396,000 and extend term one year), to continue routine maintenance services at the Bakersfield Material Recovery Facility. AGR 2021-199 (3) V. Amendment No. 3 to Agreement No. 2020-154 with Centrisys Corporation ($150,000; revised not to exceed $350,000 and extend term to September 30, 2024) to provide sludge dewatering centrifuge repair and maintenance services for Wastewater Treatment Plant No. 3. AGR 2020-154 (3) W. Amendment No. 2 to Agreement 2021-218 with Morales and Morales Landscape, ($96,000; for a total compensation not to exceed $232,200 and extend term to September 30, 2024) for landscape maintenance services at Wastewater Treatment Plant No. 3. AGR 2021-218 (2) Bakersfield, California, September 27, 2023 - Page 8 7. CONSENT CALENDAR continued X. Amendment No. 5 to Agreement No. 19-181 with DXP Enterprises, Inc. ($260,000; not to exceed $822,000 extend term to December 31, 2024), to provide on-call wastewater equipment maintenance services for the Wastewater Division. AGR 19-181 (5) Y. Amendment No. 2 to Agreement No. 2021-217 with Pace Analytical Services, LLC ($77,000; revised not to exceed $206,316 and extend term to September 30, 2024), for laboratory services for the Wastewater Division. AGR 2021-217 (2) Z. Amendment No. 1 to Agreement No. 2022-207 with AAA Oil, Inc., dba California Fuels & Lubricants (increase compensation by $2,600,000; revised not to exceed $6,200,000 and extend term one year), to continue the supply of truck/trailer fuel deliveries. AGR 2022-207 (1) Bids: aa. Accept bid and approve contract to J.L. Plank, Inc., dba Cen-Cal Construction ($1,51 1,500), for the Annual Contract for Concrete Construction. (Citywide) AGR 2023-238 ab. City of Bakersfield Animal Care Center Shelter Expansion: 1. Accept bid and approve contract with JTS Construction ($579,040.12) for said project. AGR 2023-239 2. Authorize Staff to approve, as necessary, up to $20,000 in City controlled contingency for unforeseen conditions encountered during construction of said project. ac. Accept bid from Questivity, Inc. ($68,156.98), for SentinelOne®Software for the Technology Services Department. Miscellaneous: ad. Appropriate $50,000 Transportation Development Fund Balance (TDF) to the Public Works Department Capital Improvement Program Budget for the acquisition of Lot C of Tract 7350 (project T41(301). Successor Agency Business: ae. Receive and file Successor Agency payments from September 1, 2023, to September 14, 2023, in the amount of $4,070.00. Bakersfield, California, September 27, 2023 - Page 9 7. CONSENT CALENDAR continued Public Safety/Vital Services Measure: af. Agreement with Home Rescue Development LLC (not to exceed $1 13,000), for the Purchase of Real Property located at 808 and 812 Baker Street. AGR 2023-240 ag. Amendment No. 3 to Design Consultant Agreement No. 2021-257 with MIG, Inc. (increasing compensation $2,427,282; revised not to exceed $3,552,042; and extending term to May 3, 2024), for the preparation of 30% construction documents of Dr. Martin Luther King (MLK) park, buildings, and pool. REMOVED FOR SEPARATE CONSIDERATION. Seepage 10. ah. Construction of Jefferson Park Pool Fence: 1. Accept bid and approve constructions projects agreement with DOD Construction LTD. (not to exceed $518,205), for the construction of Jefferson Park Pool Fence Renovation (P3C143). AGR 2023-241 2. Budget transfer of $182,000 from project Sister Cities Garden Fence Renovation project P3C 134 to project P3C 143. 3. Authorize staff to approve, as necessary, up to $52,000 in City- controlled contingency for unforeseen conditions encountered during construction of the Jefferson Park Pool Fence Renovation project. ai. Construction of Sister Cities Garden Fence: 1. Accept bid and approve constructions projects agreement with Synergy Construction & Development Corp. (not to exceed $253,150), for the construction of Sister Cities Garden Fence Renovation (P3C134). AGR 2023-242 2. Authorize staff to approve, as necessary, up to $25,000 in City- controlled contingency for unforeseen conditions encountered during construction of the Sister Cities Garden Fence Renovation project. Councilmember Smith abstained from item 7.c., due to source of income and item 7.ai. due to adjacent real estate. Councilmember Kaur abstained from item 7.c., due to reasons of impropriety. Councilmember Gray requested item 7.ag. be removed for separate consideration. Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.a. through 7.ai., with Councilmember Smith abstaining from item 7.c., due to source of income and 7.ai.,due to adjacent real estate. Councilmember Kaur abstained from item 7.c., due to reasons of impropriety and with the removal of item 7.ag. for separate consideration. Motion approved with Councilmember Freeman absent. Bakersfield, California, September 27, 2023 - Page 10 7. CONSENT CALENDAR continued ag. Amendment No. 3 to Design Consultant Agreement No. 2021-257 with MIG, Inc. (increasing compensation $2,427,282; revised not to exceed $3,552,042; and extending term to May 3, 2024), for the preparation of 30% construction documents of Dr. Martin Luther King (MLK) park, buildings, and pool. AGR 2021-257 (3) Motion by Councilmember Gray to adopt Consent Calendar item 7.ag. Motion approved with Councilmember Freeman absent. B. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approval of items.) None. 9. HEARINGS None. 10. REPORTS None. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS None. 13. COUNCIL AND MAYOR STATEMENTS Vice Mayor Gonzales requested staff review the Downtown Station Area Plan document and provide an update on the action items contained in the report. Councilmember Arias requested staff provide an update on the Park Ranger Program to the Safe and Healthy Neighborhoods Committee. Update to include information on Municipal Code relevant to the program, citations, and citywide park hours. Councilmember Arias expressed his appreciation to the Public Works department for the street humps near South High School. Councilmember Smith requested staff prepare a resolution for Council consideration asking that Congress, at state and federal levels, acknowledge veterans who have provided their service and should now be provided with medical services and that each veteran should receive a Medicare card to receive services locally in their own respective communities. Councilmember Kaur expressed appreciation to Congressional Representatives from California for their concerns and calls to action regarding threats to the Sikh Communities. Bakersfield, California, September 27, 2023 - Page 11 14. ADJOURNMENT Mayor Goh adjourned at 6:23 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST: JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Bakersfield, California, September 27, 2023 - Page 12 ***THIS PAGE INTENTIONALLY LEFT BLANK*** (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(Wf 6*ef MEETING DATE: 10/11/2023 Consent— Payments b. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 9/29/2023 WARD: SUBJECT: Receive and file department payments from September 15, 2023, to September 28, 2023, in the amount of $24,353,806.10, Self Insurance payments from September 15, 2023, to September 28, 2023, in the amount of$445,141.83, and true-up payment to the SPCA in the amount of$50,717.60, totaling $24,849,665.53. STAFF RECOMMENDATION: Staff recommends receiving and filing the report. BACKGROUND: In accordance with Bakersfield Municipal Code Section 2.08.020 the Finance Director must report the City's disbursements periodically to the City Council. This report also includes a one-time annual true-up payment due and owing to the SPCA in the amount of $50,717.60, pursuant to Agreement No. 2022-185(1)for operation of the City Animal Care Center (CBACC). Specifically, section 2.3 of that Agreement provides for City review of animal intake statistics and costs of supplies and services to proportionally increase or decrease payments and reimbursement to the SPCA if annual intake volume necessitates adjustments due to costs of staffing, food, medical supplies, cleaning expenses or surgical supplies. City staff has reviewed costs and accounting submitted by the SPCA and determined that increased costs justify a true-up reimbursement to the SPCA in the amount of $50,717.60. These costs can be explained as follows: Total intake in 2017 was 4916 which has rocketed to 6228 in 2022/2023 and is projected based on current data to hit 7137 in the new fiscal year. • Amounts to an increase of 46% in just the last 3 years and an increase of 96% in the past 6 years. The majority of intakes are received from the field. • Animal Control Officers are at full complement compared to previous years. The amount of food, medical care, etc. has doubled in volume with the increase in intake. • Since COVID the intake of animals has skyrocketed. • Over the last 4 years, food costs have increased by 418% due to the high demand, compounded by increase in amount of food by 415% • The increase in cost for feed, medical supplies, and spay/neuter has resulted in an upward expense between 11% and 23%just over years 2022/2023 vs. 2021/2022. Accounting sheets reflecting the increased costs to justify the payment is attached as supporting documentation. ATTACHMENTS: Description Type a 1-AIF' Check IRegister'10.'1'1.23 li:leck up IMeteriel a IF:YJ uly2l.-J une 22 Accounting li:leck up IMeteriel a IF::YJ uW2 .-June 23 Accounting Back up lMeteriel 9/29/2023 CHECK REGISTER PAGE 1 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 764619 10037 MISCELLANEOUS TRUST VENDOR Sep 15, 2023 $115.02 764620 10037 MISCELLANEOUS TRUST VENDOR Sep 15, 2023 $123.00 764621 10037 MISCELLANEOUS TRUST VENDOR Sep 15, 2023 $112.00 764622 25660 HORIZON WATER& ENVIRONMENT LLC Sep 15, 2023 $253.75 764623 4550 K C S O S Sep 15, 2023 $970,297.22 764624 4435 KERN COUNTY CLERKS Sep 15, 2023 $200.00 764625 70791 NEXT PHASE ELECTRIC Sep 15, 2023 $129.00 764626 10037 MISCELLANEOUS TRUST VENDOR Sep 15, 2023 $115.02 764627 10114 O@DONLEY, LONI Sep 15, 2023 $46.80 764628 29655 P &A ADMINISTRATION SERVICES INC Sep 15, 2023 $2,479.50 764629 29655 P &A ADMINISTRATION SERVICES INC Sep 15, 2023 $818.10 764630 29655 P &A ADMINISTRATION SERVICES INC Sep 15, 2023 $4,379.60 764631 10037 MISCELLANEOUS TRUST VENDOR Sep 15, 2023 $112.00 764632 10037 MISCELLANEOUS TRUST VENDOR Sep 15, 2023 $123.00 764633 70330 SUNRUN INSTALLATION SERVICES 250V Sep 15, 2023 $485.00 764634 10199 BAKERSFIELD CITY EMPLOYEE Sep 15, 2023 $200.00 764635 2553 EMPLOYMENT DEVELOPMENT DEPT Sep 15, 2023 $18,453.08 764636 10204 ASSOCIATION BKFD POLICE OFFICER FC Sep 15, 2023 $23,719.24 764637 10211 BAKERSFIELD FIREMEN Sep 15, 2023 $13,842.81 764638 10200 BAKERSFIELD FIREMEN RELIEF ASS Sep 15, 2023 $8,178.57 764639 10203 BAKERSFIELD POLICE BENEFIT Sep 15, 2023 $33,030.82 764640 10205 MUTUAL BENEFIT ASSOCIATION Sep 15, 2023 $2,266.50 764641 26810 RELIASTAR LIFE INSURANCE CO Sep 15, 2023 $3,807.02 764642 22324 SEIU LOCAL 521 Sep 15, 2023 $22,669.50 764643 19552 A S C A P Sep 21, 2023 $3,348.33 764644 537 AT&T Sep 21, 2023 $3,557.20 764645 33309 A-1 PLUMBING INC Sep 21, 2023 $108,415.27 764646 17111 AARDVARK Sep 21, 2023 $2,638.00 764647 32474 ABC OCCUPATIONAL MEDICAL CENTER Sep 21, 2023 $570.00 764648 81 ADVANCED DATA STORAGE INC Sep 21, 2023 $30.19 764649 78 ADVANCED DISTRIBUTION CO Sep 21, 2023 $10,063.23 764650 25365 AECOM TECHNICAL SERVICES INC Sep 21, 2023 $447,475.38 764651 25074 AEP CALIFORNIA LLC Sep 21, 2023 $46,803.64 764652 29 AFFINITY TRUCK CENTER Sep 21, 2023 $238.15 764653 30989 AIMS C/O HANNA BROPHY MACLEAN Sep 21, 2023 $18,511.89 764654 32553 ALLIANCE SOURCE TESTING LLC Sep 21, 2023 $357.50 764655 26713 ALTA PLANNING & DESIGN INC Sep 21, 2023 $28,004.00 764656 23588 ALUMINUM CHUCK WAGON Sep 21, 2023 $1,710.36 764657 30846 AMERICAN INTERNATIONAL ENVIRONME Sep 21, 2023 $8,607.73 764658 30035 ANDERBERG, NICOLE Sep 21, 2023 $409.00 764659 371 ANDERSON, STEVE Sep 21, 2023 $75.00 764660 1049 APPLIED LNG TECHNOLOGIES LLC Sep 21, 2023 $2,469.23 764661 436 ARGO CHEMICAL INC Sep 21, 2023 $6,943.90 764662 32524 ASCENT ENVIRONMENTAL INC Sep 21, 2023 $6,300.00 764663 32761 AUTO TECH AND SMOG Sep 21, 2023 $495.00 764664 520 AUTO TINT WEST INC Sep 21, 2023 $879.41 764665 29945 AXON ENTERPRISE INC Sep 21, 2023 $328,264.58 764666 576 B & B SURPLUS Sep 21, 2023 $1,993.97 764667 652 B A C S CO Sep 21, 2023 $834.23 764668 611 B S & E COMPANY INC Sep 21, 2023 $1,400.51 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 2 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 764669 675 BAKERSFIELD CALIFORNIAN Sep 21, 2023 $1,403.54 764670 971 BAKERSFIELD PLUMBING CO INC Sep 21, 2023 $3,297.46 764671 841 BAKERSFIELD RUBBER STAMP CO Sep 21, 2023 $284.10 764672 857 BAKERSFIELD S P C A Sep 21, 2023 $434,718.00 764673 25203 BAKERSFIELD SIGNS INC Sep 21, 2023 $779.40 764674 13424 BARNES WELDING SUPPLY Sep 21, 2023 $660.47 764675 30446 BERNAL, ALEX Sep 21, 2023 $350.00 764676 1069 BETHANY SERVICES Sep 21, 2023 $87,055.10 764677 9117 SILL WRIGHT TOYOTA Sep 21, 2023 $436.46 764678 21172 BLACKHOLE TECHNOLOGIES INC Sep 21, 2023 $10,665.89 764679 28341 BOB'S AUTO GLASS INC Sep 21, 2023 $885.88 764680 22817 BORN AGAIN BODYWORKS Sep 21, 2023 $7,453.47 764681 29997 BOVEE ENVIRONMENTAL MGMT INC Sep 21, 2023 $550.00 764682 33220 BRADY INDUSTRIES Sep 21, 2023 $1,541.77 764683 33234 BRAZOS URETHANE INC Sep 21, 2023 $13,572.20 764684 10037 MISCELLANEOUS TRUST VENDOR Sep 21, 2023 $221.00 764685 1292 BROWN ARMSTRONG Sep 21, 2023 $5,400.00 764686 29802 BULLOCK, JACQUELINE Sep 21, 2023 $150.00 764687 1470 CALIFORNIA BUILDING OFFICIALS Sep 21, 2023 $995.00 764688 29852 CALIFORNIA FIRE MECHANICS ACADEMI Sep 21, 2023 $2,940.00 764689 26548 CALIFORNIA PARTNERSHIP FOR SAFE C Sep 21, 2023 $6,000.00 764690 1695 CALIFORNIA WATER SERVICE CO Sep 21, 2023 $857,785.30 764691 1720 CALPELRA Sep 21, 2023 $1,140.00 764692 18017 CANNON CORP Sep 21, 2023 $535.00 764693 33582 CASA MUNOZ Sep 21, 2023 $19,500.00 764694 24379 CCI OFFICE TECHNOLOGY Sep 21, 2023 $274.92 764695 27074 CEN-CAL CONSTRUCTION INC Sep 21, 2023 $38,484.40 764696 16974 CERTEX WEST USA INC Sep 21, 2023 $333.41 764697 1888 CHAMPION HARDWARE Sep 21, 2023 $146.46 764698 19303 CHARTER COMMUNICATIONS Sep 21, 2023 $176.30 764699 1924 CHESTER AVENUE BRAKE & SUPPLY Sep 21, 2023 $142.24 764700 20260 CIMCO REFRIGERATION INC Sep 21, 2023 $150,610.50 764701 33228 CITIGUARD INC Sep 21, 2023 $90,741.34 764702 21220 CLEAN ENERGY INC Sep 21, 2023 $1,957.13 764703 2050 CLIFFORD & BROWN Sep 21, 2023 $22,326.45 764704 2157 COMSEARCH INC Sep 21, 2023 $700.00 764705 33655 CONCRETE SCIENCE INC Sep 21, 2023 $4,850.00 764706 2162 CONSOLIDATED ELECTRICAL DIST INC Sep 21, 2023 $3,236.45 764707 27509 CONTRERAS, ANGEL Sep 21, 2023 $100.00 764708 31107 CORNERSTONE COMMUNICATIONS & PF Sep 21, 2023 $5,000.00 764709 32246 COSSEY, SHANNON Sep 21, 2023 $148.00 764710 33580 COUNTY OF KERN Sep 21, 2023 $13,927.92 764711 10285 CRIDER CONSTRUCTION INC Sep 21, 2023 $9,353.12 764712 27218 CUMMINS PACIFIC LLC Sep 21, 2023 $6,919.28 764713 32437 DALMAS, KEVI N Sep 21, 2023 $475.00 764714 25337 DAVES FLEET MAINT& TOWING INC Sep 21, 2023 $50.00 764715 4140 DAVID JANES COMPANY Sep 21, 2023 $260.21 764716 2442 DELANEY &AHLF DIESEL SERVICE INC Sep 21, 2023 $4,487.55 764717 13970 DELL MARKETING L P Sep 21, 2023 $1,282.08 764718 15998 DELTA LIQUID ENERGY Sep 21, 2023 $149.72 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 3 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 764719 11271 DEPARTMENT OF TRANSPORTATION Sep 21, 2023 $675,000.00 764720 24854 DEWEY PEST CONTROL INC Sep 21, 2023 $498.00 764721 32663 DICKSON, CHAD Sep 21, 2023 $53.85 764722 22002 DIEDERICH, JARED Sep 21, 2023 $261.00 764723 13912 DIRECT SAFETY SOLUTIONS INC Sep 21, 2023 $487.41 764724 26953 DIVISION OF THE STATE ARCHITECT Sep 21, 2023 $250.00 764725 18544 DUANE MORRIS LLP Sep 21, 2023 $80,006.00 764726 13088 E J WARD INCORPORATED Sep 21, 2023 $907.34 764727 21215 EAVES, DR RONALD W Sep 21, 2023 $25.00 764728 32411 ECONORTHWEST Sep 21, 2023 $2,465.00 764729 20563 EDMONDS, TOM Sep 21, 2023 $25.00 764730 28725 ELITE SIGNS AND PROMOTIONS Sep 21, 2023 $1,657.04 764731 29111 ENVIROTEK CORPORATION Sep 21, 2023 $4,981.33 764732 32941 ESOUIVEL, ANDREW Sep 21, 2023 $425.00 764733 20541 EVANS, JENNIFER Sep 21, 2023 $335.00 764734 2901 FEDEX Sep 21, 2023 $26.51 764735 2874 FERGUSON ENTERPRISES INC Sep 21, 2023 $2,257.46 764736 32968 FFP FUND VI P2 PROJECTC03 LLC Sep 21, 2023 $26,498.16 764737 33609 FFP FUND VI P2 PROJECTC05 LLC Sep 21, 2023 $9,793.23 764738 19657 FIRST CHOICE COFFEE SERVICES INC Sep 21, 2023 $441.55 764739 25339 FLEET SERVICES TOWING INC Sep 21, 2023 $400.00 764740 24606 FLOOD BAKERSFIELD MINISTRIES Sep 21, 2023 $20,453.99 764741 28326 FUN EXPRESS Sep 21, 2023 $68.14 764742 3213 GALLS, LLC Sep 21, 2023 $9,919.39 764743 21315 GAME TIME Sep 21, 2023 $38,798.63 764744 28976 GANDOLA-KINNETT, MARY Sep 21, 2023 $375.00 764745 33386 GARCIA, JUAN Sep 21, 2023 $475.00 764746 308 GARDENERS SUPPLY INC Sep 21, 2023 $184.03 764747 23087 GARNETT, JEFF Sep 21, 2023 $1,415.50 764748 15925 GB SERVICES Sep 21, 2023 $2,575.00 764749 13174 GEORGE, MIKE Sep 21, 2023 $25.00 764750 17350 GHA TECHNOLOGIES INC Sep 21, 2023 $5,742.91 764751 21739 GOLDEN EMPIRE TOWING INC Sep 21, 2023 $1,035.00 764752 3403 GOLDEN STATE PETERBILT Sep 21, 2023 $4,655.05 764753 33508 GRAMMARLY INC Sep 21, 2023 $13,050.00 764754 33664 GRANDMA WHOOPLE Sep 21, 2023 $5,000.00 764755 3450 GRANITE CONSTRUCTION INC Sep 21, 2023 $112,033.67 764756 3452 GRAYBAR ELECTRIC COMPANY Sep 21, 2023 $135.18 764757 24247 GREGS PETROLEUM SERVICES INC Sep 21, 2023 $4,118.68 764758 33497 GUZMAN, BRIGIETT Sep 21, 2023 $152.00 764759 12686 GW SCHOOL SUPPLY Sep 21, 2023 $97.87 764760 30000 H&H AUTO PARTS WHOLESALE Sep 21, 2023 $273.93 764761 15652 HABITAT FOR HUMANITY Sep 21, 2023 $15,000.00 764762 32403 HERITAGE CRYSTAL CLEAN LLC Sep 21, 2023 $415.00 764763 32978 HIGHSTREET IT SOLUTIONS LLC Sep 21, 2023 $300,000.00 764764 10915 HINDERLITER DE LLAMAS &ASSOC Sep 21, 2023 $4,605.87 764765 20053 HL , INC Sep 21, 2023 $18.55 764766 20491 HOLCOMBE, BRIAN Sep 21, 2023 $49.89 764767 30391 HOME DEPOT PRO Sep 21, 2023 $3,996.45 764768 3929 HYDRAULIC CONTROLS INC Sep 21, 2023 $513.04 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 4 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 764769 32521 HYPERTEC USA INC Sep 21, 2023 $80,321.45 764770 17179 IAEI SOUTHWESTERN SECTION Sep 21, 2023 $2,500.00 764771 31124 IBI GROUP Sep 21, 2023 $152,575.85 764772 33263 INFRASTRUCTURE ENGINEERS Sep 21, 2023 $13,707.00 764773 32436 ISBELL, AMBER Sep 21, 2023 $131.96 764774 4089 J & E RESTAURANT SUPPLY INC Sep 21, 2023 $69.35 764775 4171 JERKY & KEITHS INC Sep 21, 2023 $424.26 764776 12016 JERKY'S PIZZA& PUS Sep 21, 2023 $7,210.00 764777 147 JIM ALFTER CEMENT CONTRACTOR Sep 21, 2023 $4,817.14 764778 4178 JIM SURKE LINCOLN MERCURY Sep 21, 2023 $7,525.81 764779 29624 JIMS STEEL SUPPLY Sep 21, 2023 $564.88 764780 15694 JIMS TOWING INC Sep 21, 2023 $250.00 764781 24916 JMPE ELECTRICAL ENGINEERING Sep 21, 2023 $16,400.00 764782 4226 JOHNSTONE SUPPLY OF BAKERSFIEL Sep 21, 2023 $828.39 764783 32269 JOSES ORNAMENTAL SUPPLY INC Sep 21, 2023 $1,484.04 764784 28989 K& I SERVICES INC Sep 21, 2023 $6,456.99 764785 4550 K C S O S Sep 21, 2023 $8,669.77 764786 4435 KERN COUNTY CLERKS Sep 21, 2023 $150.00 764787 15335 KERN COUNTY COUNSEL Sep 21, 2023 $1,202.80 764788 33268 KERN COUNTY HOSPITAL AUTHORITY Sep 21, 2023 $297,500.00 764789 4529 KERN COUNTY PUBLIC WORKS Sep 21, 2023 $253,987.38 764790 4581 KERN ELECTRIC DISTRIBUTORS Sep 21, 2023 $2,343.90 764791 7492 KERN MACHINERY INC Sep 21, 2023 $472.45 764792 4677 KERN REFUSE DISPOSAL, INC Sep 21, 2023 $2,003,169.04 764793 4680 KERN RIVER POWER EQUIPMENT INC Sep 21, 2023 $2,508.65 764794 33421 KILEY &ASSOCIATES LLC Sep 21, 2023 $3,000.00 764795 24522 KILLIAN PEST CONTROL Sep 21, 2023 $605.00 764796 23434 KINNEY, STEVEN P Sep 21, 2023 $5,991.00 764797 4875 KNIGHTS SITE SERVICES INC Sep 21, 2023 $92.03 764798 33665 KOKO@S DESIGNS & CONSULTING Sep 21, 2023 $10,000.00 764799 32429 KONA ICE OF CENTRAL BAKERSFIELD Lt Sep 21, 2023 $450.00 764800 14219 L A GRINDING INC Sep 21, 2023 $55.00 764801 17229 L C ACTION SUPPLY INC Sep 21, 2023 $4,634.70 764802 2267 L N CURTIS & SONS Sep 21, 2023 $450.26 764803 32467 LANCE SOLL& LUNGHARD LLP Sep 21, 2023 $8,445.00 764804 30593 LEHIGH OUTFITTERS LLC Sep 21, 2023 $113.69 764805 22408 LEHR AUTO ELECTRIC Sep 21, 2023 $73.70 764806 28755 LEVEL 3 COMMUNICATIONS LLC Sep 21, 2023 $12,734.60 764807 25066 LEXISNEXIS RISK DATA MGMT Sep 21, 2023 $4,909.10 764808 33568 LINKO TECHNOLOGY INC Sep 21, 2023 $3,007.00 764809 29708 LUCAS, KELLY Sep 21, 2023 $75.00 764810 18492 M &S SECURITY SERVICES Sep 21, 2023 $14,031.92 764811 24086 MAR-CO EQUIPMENT CORP Sep 21, 2023 $2,702.82 764812 30640 MARTINEZ, PRISCILLA Sep 21, 2023 $335.34 764813 30621 MCADIRECT Sep 21, 2023 $171.65 764814 33626 MCCORMICKS LANDSCAPE SERVICES I Sep 21, 2023 $7,053.57 764815 28760 MEDIWASTE DISPOSAL LLC Sep 21, 2023 $101.48 764816 25190 MEMORIAL OCCUPATIONAL MEDICINE Sep 21, 2023 $451.00 764817 7064 MERCHANTS PRINTING & ENVELOPE Sep 21, 2023 $1,018.64 764818 31037 MERCY HOUSE LIVING CENTERS Sep 21, 2023 $1,179,230.31 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 5 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 764819 30587 METZLER, DEIDRA DVM Sep 21, 2023 $1,515.00 764820 19252 MEYER CIVIL ENGINEERING INC Sep 21, 2023 $24,112.30 764821 1316 MICHELIN NORTH AMERICA INC Sep 21, 2023 $1,287.43 764822 5547 MINUTEMAN PRESS Sep 21, 2023 $1,005.30 764823 28975 MISSION COMMUNITY SERVICES CORP Sep 21, 2023 $82,372.77 764824 30126 MODERN OFFICE Sep 21, 2023 $1,849.00 764825 25269 MONTELONGO, JOE Sep 21, 2023 $250.00 764826 19305 MOORE IACOFANO GOLTSMAN INC (MIG Sep 21, 2023 $5,817.50 764827 5666 MORGAN, ROBERT Sep 21, 2023 $115.57 764828 5687 MOTOR CITY SALES &SERVICE Sep 21, 2023 $43.15 764829 453 MUNICIPAL MAINTENANCE EQUIP INC Sep 21, 2023 $53.08 764830 33308 M8 SYSTEMS Sep 21, 2023 $10,000.00 764831 30091 NAPA TRUCK &TRAILER Sep 21, 2023 $470.89 764832 29814 NATIONAL COMMUNITY DEVELOPMENT,Sep 21, 2023 $1,500.00 764833 32897 N2 PUBLISHING Sep 21, 2023 $16,200.00 764834 3910 O@CONNOR PEST CONTROL Sep 21, 2023 $139.00 764835 30905 OLAGUEZ TRANSPORT Sep 21, 2023 $75,602.57 764836 32671 ONE SOURCE PARTS LLC Sep 21, 2023 $871.20 764837 29655 P &A ADMINISTRATION SERVICES INC Sep 21, 2023 $285.66 764838 29655 P &A ADMINISTRATION SERVICES INC Sep 21, 2023 $5,181.06 764839 20414 P & D MACHINE Sep 21, 2023 $216.50 764840 6448 P T O SALES CORP/TRUCKPRO LLC Sep 21, 2023 $350.73 764841 32232 PACIFIC FLOOR COMPANY Sep 21, 2023 $4,020.00 764842 25076 PAPE KENWORTH Sep 21, 2023 $429.67 764843 20828 PARSONS TRANSPORTATION GROUP IN Sep 21, 2023 $12,565.45 764844 24029 PAYLESS TOWING Sep 21, 2023 $50.00 764845 33380 PEREZ, JOSEPH Sep 21, 2023 $194.25 764846 6376 PIONEER PAINT Sep 21, 2023 $4,323.42 764847 29409 POWELL, KEITH Sep 21, 2023 $64.92 764848 6430 POWER MACHINERY CENTER Sep 21, 2023 $3,563.67 764849 33221 QK Sep 21, 2023 $750.00 764850 6550 QUAD KNOPF INC Sep 21, 2023 $750.00 764851 1279 QUALITY HEAVY DUTY DIESEL ELEC Sep 21, 2023 $244.74 764852 6555 QUINN COMPANY INC Sep 21, 2023 $9,248.48 764853 20713 NDY@S TOWING LLC Sep 21, 2023 $1,911.00 764854 6682 RAYMONDS TROPHY AND AWARDS Sep 21, 2023 $132.88 764855 6727 REFRIGERATION SUPPLIES DIST. INC Sep 21, 2023 $40.46 764856 6617 RLH FIRE PROTECTION Sep 21, 2023 $672.50 764857 33411 ROBERTSON, CHRISTOPHER Sep 21, 2023 $550.00 764858 70885 ROBINSON, SHAMEKA Sep 21, 2023 $500.00 764859 33387 RODRIGUEZ, ALEXANDER Sep 21, 2023 $425.00 764860 23302 ROTARY CLUB OF BAKERSFIELD Sep 21, 2023 $485.00 764861 12665 SAN JOAQUIN FENCE &SUPPLY Sep 21, 2023 $40,675.19 764862 33435 SAN JOAQUIN TIRES &WHEELS Sep 21, 2023 $89.95 764863 29931 SANDOVAL, ANGEL ESPI NOZA Sep 21, 2023 $300.00 764864 70886 SAVE A LIFE TODAY Sep 21, 2023 $500.00 764865 27361 SC FUELS Sep 21, 2023 $6,135.77 764866 32358 SERBAN SOUND& COMMUNICATIONS Sep 21, 2023 $3,777.43 764867 33628 SHIELDING THE FRONT LINE Sep 21, 2023 $5,640.00 764868 29694 SIERRA HYDROGRAPHICS Sep 21, 2023 $3,838.22 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 6 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 764869 25246 SIGLER INC Sep 21, 2023 $243.03 764870 29322 SITEONE LANDSCAPE SUPPLY HOLDING Sep 21, 2023 $34,998.45 764871 7103 SJVACD Sep 21, 2023 $2,213.65 764872 7434 SMART& FINAL IRIS COMPANY Sep 21, 2023 $489.04 764873 25239 SMITH, TAMIA Sep 21, 2023 $461.57 764874 18507 SNAP-ON INDUSTRIAL Sep 21, 2023 $15,416.04 764875 7459 SNIDER°S INC Sep 21, 2023 $102.84 764876 22473 SOILS ENGINEERING INC Sep 21, 2023 $5,348.00 764877 29897 SOLUTIONS Sep 21, 2023 $14,287.02 764878 22664 SOURCE GRAPHICS Sep 21, 2023 $4,445.00 764879 14700 SOUTH COAST EMERGENCY VEHICLE SI Sep 21, 2023 $396.79 764880 11907 S ARKLETTS Sep 21, 2023 $1,389.47 764881 29986 STANDARD PLUMBING SUPPLY DBA FLC Sep 21, 2023 $164.89 764882 33217 STAPLES ENERGY Sep 21, 2023 $1,526.39 764883 28923 STARS AND STRIPES Sep 21, 2023 $2,490.00 764884 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Sep 21, 2023 $120.00 764885 7685 STINSON STATIONERS Sep 21, 2023 $4,218.98 764886 20245 STRATTON, BRENT Sep 21, 2023 $357.00 764887 33666 S3 CONSULTING SOLUTION Sep 21, 2023 $10,000.00 764888 28832 T-MOBILE USA Sep 21, 2023 $125.00 764889 33349 TDG ENGINEERING INC Sep 21, 2023 $31,515.00 764890 28268 TEAGUE, STEHANIE Sep 21, 2023 $150.00 764891 15868 TEL TEC SECURITY SYSTEM INC Sep 21, 2023 $17,610.49 764892 32148 TELSTAR INSTRUMENTS Sep 21, 2023 $11,605.39 764893 27973 TEMPEST INTERACTIVE MEDIA LLC Sep 21, 2023 $18,400.00 764894 7892 TEN-WEST TOWING INC Sep 21, 2023 $8,623.05 764895 33025 THE GENTLEMAN INVESTMENTS LP Sep 21, 2023 $93,880.00 764896 30845 THOMPSON, KATHLEEN Sep 21, 2023 $75.00 764897 17175 TK ELEVATOR Sep 21, 2023 $5,800.00 764898 21369 TRANS-WEST SECURITY INC Sep 21, 2023 $26,946.05 764899 33331 TRANSFORMING LOCAL COMMUNITIES I Sep 21, 2023 $2,088.75 764900 32159 TRINITY SAFETY COMPANY Sep 21, 2023 $378.88 764901 96 TYACK TIRES INC Sep 21, 2023 $2,562.52 764903 15212 U.S. BEHAVIORAL HEALTH PLAN Sep 21, 2023 $1,476.82 764904 13646 UNITED ROTARY BRUSH CORPORATION Sep 21, 2023 $11,350.69 764905 29016 VALLEY PRESSURE PROS INC Sep 21, 2023 $11,350.00 764906 30678 VERDE DESIGN INC Sep 21, 2023 $7,065.00 764907 20601 VERIZON WIRELESS Sep 21, 2023 $29,292.18 764908 22840 VIDEO INSPECTION SPECIALIST INC Sep 21, 2023 $12,012.50 764909 8878 WELLS ACOUSTICS Sep 21, 2023 $1,130.34 764910 21212 WHITE CAP CONSTRUCTION SUPPLY Sep 21, 2023 $2,347.50 764911 32360 WITCHER ELECTRIC INC Sep 21, 2023 $2,448.00 764912 32170 ZAMORA, DIADIRA Sep 21, 2023 $40.35 764913 9244 ZEP MANUFACTURING COMPANY Sep 21, 2023 $276.14 764914 6129 AT&T Sep 21, 2023 $197.86 764915 20606 A T&T MOBILITY Sep 21, 2023 $8,420.94 764916 33669 ALVARADO, ERNESTO Sep 21, 2023 $491.75 764918 26538 ARAMARK UNIFORM & CAREER A PARE Sep 21, 2023 $2,490.26 764920 28830 AUTOZONE STORES INC Sep 21, 2023 $7,479.22 764922 10267 BUDGET BOLT INC Sep 21, 2023 $1,228.55 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 7 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 764926 1696 CALIFORNIA WATER SERVICE Sep 21, 2023 $132,133.79 764927 11937 CITY OF BAKERSFIELD Sep 21, 2023 $19.25 764928 30960 CLEGG, CHRISTIAN Sep 21, 2023 $279.00 764929 2050 CLIFFORD & BROWN Sep 21, 2023 $18,750.00 764930 29854 DURABAC Sep 21, 2023 $33,664.10 764932 14055 FAST UNDERCAR LLC Sep 21, 2023 $2,269.90 764934 3427 GRAINGER INC, W W Sep 21, 2023 $5,739.12 764935 3511 GRIFFITH COMPANY INC Sep 21, 2023 $148,535.09 764936 30537 GUTIERREZ, NATHAN Sep 21, 2023 $391.55 764937 33037 HALLEN, GARY Sep 21, 2023 $723.40 764941 7933 HOME DEPOT Sep 21, 2023 $5,926.09 764944 1390 JIM SURKE FORD Sep 21, 2023 $10,846.25 764945 4435 KERN COUNTY CLERKS Sep 21, 2023 $50.00 764947 15663 KERN COUNTY SHERIFF CIVIL SECTION Sep 21, 2023 $42,547.13 764949 4740 KERN TURF SUPPLY Sep 21, 2023 $4,293.96 764950 5133 LOOP ELECTRIC INC Sep 21, 2023 $8,093.19 764951 5133 LOOP ELECTRIC INC Sep 21, 2023 $13,779.10 764954 15624 LOWE@S HOME IMPROVEMENT Sep 21, 2023 $5,373.98 764955 12627 MARDEROSIAN &COHEN Sep 21, 2023 $100,000.00 764958 24279 O@REILLY AUTO PARTS Sep 21, 2023 $3,024.09 764962 6114 PACIFIC GAS & ELECTRIC COMPANY Sep 21, 2023 $143,386.56 764963 7096 SJVACD Sep 21, 2023 $143.00 764965 19584 SMITH & SON TIRE INC Sep 21, 2023 $16,918.40 764966 7509 SOCALGAS Sep 21, 2023 $297.64 764967 7509 SOCALGAS Sep 21, 2023 $94.67 764969 7685 STINSON STATIONERS Sep 21, 2023 $5,309.27 764970 32503 STRAKALUSE, GREGG Sep 21, 2023 $522.62 764972 96 TYACK TIRES INC Sep 21, 2023 $47,692.82 764980 29109 UNIFIED FIELD SERVICES CORPORATIOI Sep 21, 2023 $284,632.65 764981 21212 WHITE CAP CONSTRUCTION SUPPLY Sep 21, 2023 $267.05 764982 33184 EYEMED Sep 21, 2023 $5,599.66 764983 26810 RELIASTAR LIFE INSURANCE CO Sep 21, 2023 $4,688.11 764984 30027 U S SANK- PARS#6746022400 Sep 21, 2023 $5,274.20 764985 30029 UNITED CONCORDIA DENTAL PLANS OF Sep 21, 2023 $61,209.97 764986 30020 UNUM Sep 21, 2023 $6,836.10 764987 497 AT&T Sep 28, 2023 $70.00 764988 537 AT&T Sep 28, 2023 $806.08 764989 18484 AT&T Sep 28, 2023 $328.90 764990 26559 A 1 PRECISION BUILDERS Sep 28, 2023 $4,075.00 764991 33047 A-1 ALTERNATIVE FUEL SYSTEMS Sep 28, 2023 $447.77 764992 28831 ADVANCED INDUSTRIAL SERVICES Sep 28, 2023 $934.00 764993 29 AFFINITY TRUCK CENTER Sep 28, 2023 $143.06 764994 30989 AIMS C/O HANNA SROHY MACLEAN Sep 28, 2023 $6,484.52 764995 28968 ALEMAN III, SATURNINO Sep 28, 2023 $381.00 764996 10158 ALEXANDER, SUSAN Sep 28, 2023 $26.33 764997 31308 ALL AMERICAN CARPET Sep 28, 2023 $9,846.62 764998 152 ALL AUTOMATIC TRANSMISSION SER Sep 28, 2023 $4,948.08 764999 160 ALL THAT LETTERING SIGN COMPNY Sep 28, 2023 $550.00 765000 17228 ALONSO, LINDA Sep 28, 2023 $42.50 765001 32849 ALPHA WELDING Sep 28, 2023 $400.00 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 8 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 765002 26713 ALTA PLANNING & DESIGN INC Sep 28, 2023 $57,761.60 765003 15461 ALVIDREZ, TONY M Sep 28, 2023 $26.33 765004 29089 ANTHEM SPORTS LLC Sep 28, 2023 $821.83 765005 436 ARGO CHEMICAL INC Sep 28, 2023 $2,820.67 765006 30102 ARMAGOST, PETER Sep 28, 2023 $296.00 765007 32217 ARMOR COATINGS Sep 28, 2023 $162.38 765008 32357 ARMORERLINK Sep 28, 2023 $10,200.00 765009 32524 ASCENT ENVIRONMENTAL INC Sep 28, 2023 $2,645.00 765010 514 AUSTIN, MARK W Sep 28, 2023 $42.50 765011 25610 AUTO DAMAGE APPRAISERS Sep 28, 2023 $120.00 765012 32761 AUTO TECH AND SMOG Sep 28, 2023 $2,354.20 765013 29945 AXON ENTERPRISE INC Sep 28, 2023 $194,616.74 765014 13028 B & H PHOTO VIDEO INC Sep 28, 2023 $2,722.38 765015 652 B A C S CO Sep 28, 2023 $536.74 765016 611 B S & E COMPANY INC Sep 28, 2023 $265.30 765017 27774 BAKER DISTRIBUTING CO Sep 28, 2023 $3,588.40 765018 675 BAKERSFIELD CALIFORNIAN Sep 28, 2023 $2,357.44 765019 19911 BAKERSFIELD HARLEY DAVIDSON INC Sep 28, 2023 $78,315.96 765020 13592 BAKERSFIELD IRRIGATION Sep 28, 2023 $1,533.81 765021 841 BAKERSFIELD RUBBER STAMP CO Sep 28, 2023 $12.99 765022 875 BAKERSFIELD TRUCK CENTER Sep 28, 2023 $2,666.87 765023 877 BAKERSFIELD WELL& PUMP Sep 28, 2023 $2,388.86 765024 945 BARNETT@S TOWING SERVICE INC Sep 28, 2023 $50.00 765025 18398 BATTERY SYSTEMS INC Sep 28, 2023 $215.28 765026 14470 BAUER COMPRESSORS I NCORPORATEE Sep 28, 2023 $600.00 765027 32581 BEAR CLOUD TECHNOLOGIES Sep 28, 2023 $5,895.74 765028 306 BEARCAT M FG INC Sep 28, 2023 $3,163.93 765029 31105 BENCHMARK POLYGRAPH &TRUTH ASS Sep 28, 2023 $2,925.00 765030 1037 BERCHTOLD EQUIPMENT CO Sep 28, 2023 $2,234.89 765031 25797 BERCHTOLD, TIMOTHY Sep 28, 2023 $187.00 765032 28231 SIG BRAND TIRE &SERVICE Sep 28, 2023 $367.20 765033 23444 BILLINGSLEY, MATTHEW Sep 28, 2023 $349.00 765034 1111 BLACKBURN, CLEO Sep 28, 2023 $26.33 765035 21172 BLACKHOLE TECHNOLOGIES INC Sep 28, 2023 $946.16 765036 22550 BLOWERS, MARI Sep 28, 2023 $122.00 765037 28865 SLUE SHIELD OF CALIFORNIA Sep 28, 2023 $611,649.25 765038 1163 BLUEPRINT SERVICE CO Sep 28, 2023 $74.92 765039 19088 BNSF RAILWAY CO INC Sep 28, 2023 $2,045.14 765040 28341 BOB'S AUTO GLASS INC Sep 28, 2023 $65.00 765041 22817 BORN AGAIN BODYWORKS Sep 28, 2023 $15,812.31 765042 17192 BOWEN, CECIL Sep 28, 2023 $42.50 765043 33220 BRADY INDUSTRIES Sep 28, 2023 $1,463.18 765044 33676 BREZI STYLES AT CRIMSON SALON Sep 28, 2023 $10,000.00 765045 23000 BUDAK, MICHAEL D Sep 28, 2023 $333.00 765046 10267 BUDGET BOLT INC Sep 28, 2023 $37.46 765047 15292 BURDICK, JEFFREY Sep 28, 2023 $187.00 765048 23090 BURTONS FIRE INC Sep 28, 2023 $515.21 765049 12366 C A C E O Sep 28, 2023 $1,200.00 765050 1463 CADENA, JAKE Sep 28, 2023 $26.33 765051 31799 CALIFORNIA HIGHWAY ADOPTION CO Sep 28, 2023 $52,905.61 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 9 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 765052 11655 CALIFORNIA MUNICIPAL STATISTIC Sep 28, 2023 $550.00 765053 26499 C,ALISTRO, MIGUIEL Sep 28, 2023 $87.00 765054 1771 C,ARROLL, EUGENE J Sep 28, 2023 $13.07 765055 10321 C,ARSON, IRM,A Sep 28, 2023 $26.33 765056 27074 CEN-CAL CONSTRUCTION INC Sep 28, 2023 $89,906.77 765057 19922 CENTRAL CALIFORNIA BOWER INC Sep 28, 2023 $960.56 765058 33643 CH BULL COMPANY Sep 28, 2023 $8,700.82 765059 1888 CHAMPION HARDWARE Sep 28, 2023 $51.96 765060 33653 CITIBOT INC Sep 28, 2023 $48,900.00 765061 29127 CLARK, DERRICK Sep 28, 2023 $279.03 765062 5147 COASTLINE EQUIPMENT Sep 28, 2023 $465.91 765063 32267 COMPASSION CHRISTIAN CENTER Sep 28, 2023 $9,988.49 765064 32455 CONTACT SECURITY INC Sep 28, 2023 $4,053.84 765065 26869 COWAN, FRANKIE Sep 28, 2023 $175.00 765066 10697 CRAWFORD, KAREN Sep 28, 2023 $26.33 765067 33681 CRUZ, ,ANDREIN,A Sep 28, 2023 $122.00 765068 2253 CULLIG,AN WATER CONDITIONING Sep 28, 2023 $370.00 765069 27218 CUMMINS PACIFIC LLC Sep 28, 2023 $1,637.37 765070 32915 D,ARBEE, PATRICIA Sep 28, 2023 $26.33 765071 14582 D,AVE BANG,ASSOCIATES INC Sep 28, 2023 $3,245.49 765072 25337 D,AVES FLEET M,AINT& TOWING INC Sep 28, 2023 $496.00 765073 19391 DAVIS, VICTORIA Sep 28, 2023 $13.61 765074 2435 DE LAURIE, JERKY Sep 28, 2023 $13.07 765075 70752 DEERTRAIL,ABBEY COURT 1 LLC Sep 28, 2023 $130,844.00 765076 2442 DELANEY &,AHLF DIESEL SERVICE INC Sep 28, 2023 $1,108.81 765077 32838 DELFINO, S,ANTINO Sep 28, 2023 $345.00 765078 13970 DELL MARKETING L P Sep 28, 2023 $19,684.82 765079 28388 DID,ARIO, M,AXWELL Sep 28, 2023 $1,130.00 765080 25634 DIMBERG, LAUREN Sep 28, 2023 $35.66 765081 13912 DIRECT SAFETY SOLUTIONS INC Sep 28, 2023 $1,272.30 765082 22952 DORKIN, MIKE Sep 28, 2023 $21.94 765083 2630 DOYLE, MIKE Sep 28, 2023 $42.50 765084 25689 DXP ENTERPRISES INC Sep 28, 2023 $1,634.85 765085 33167 EMBREY, JULENE Sep 28, 2023 $42.50 765086 2811 ENTENM,ANN ROVIN CO Sep 28, 2023 $502.12 765087 13257 ESTRADA, DON Sep 28, 2023 $26.33 765088 2830 EWING IRRIGATION PRODUCTS Sep 28, 2023 $77.51 765089 16624 F,ASTEN,AL COMPANY Sep 28, 2023 $1,472.03 765090 2901 FEDEX Sep 28, 2023 $111.14 765091 2874 FERGUSON ENTERPRISES INC Sep 28, 2023 $4,807.60 765092 2925 FIDLER, DENNIS Sep 28, 2023 $13.07 765093 33601 FIRE APPARATUS SOLUTIONS Sep 28, 2023 $347.40 765094 28511 FIRST,ADVANTAGE BACKGROUND Sep 28, 2023 $145.96 765095 31010 FIRST,AMERIC,AN TITLE COMPANY Sep 28, 2023 $682.00 765096 19657 FIRST CHOICE COFFEE SERVICES INC Sep 28, 2023 $257.33 765097 2980 FISHER SCIENTIFIC Sep 28, 2023 $5,435.40 765098 25339 FLEET SERVICES TOWING INC Sep 28, 2023 $150.00 765099 14001 FRITZ, BRUCE Sep 28, 2023 $38.11 765100 29826 FWD MG INC Sep 28, 2023 $90.93 765101 12688 G H SLACK& SON Sep 28, 2023 $59.42 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 10 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 765102 21315 GAME TIME Sep 28, 2023 $39,555.00 765103 308 GARDENERS SUPPLY INC Sep 28, 2023 $828.12 765104 10037 MISCELLANEOUS TRUST VENDOR Sep 28, 2023 $107.00 765105 12742 GEORGE, PRESTON Sep 28, 2023 $26.33 765106 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Sep 28, 2023 $43.20 765107 29172 GILL, SAMEENA KAUR Sep 28, 2023 $530.92 765108 3360 GILLBURG, GEORGE Sep 28, 2023 $26.33 765109 21739 GOLDEN EMPIRE TOWING INC Sep 28, 2023 $3,832.75 765110 3403 GOLDEN STATE PETERBILT Sep 28, 2023 $3,934.23 765111 3452 GRAYBAR ELECTRIC COMPANY Sep 28, 2023 $1,949.59 765112 24247 GREGS PETROLEUM SERVICES INC Sep 28, 2023 $3,303.79 765113 70887 GRIFFCO INC Sep 28, 2023 $706.00 765114 33035 GULLEY, CHRISTINA Sep 28, 2023 $122.00 765115 3569 H & S BODY WORKS &TOWING Sep 28, 2023 $100.00 765116 15652 HABITAT FOR HUMANITY Sep 28, 2023 $4,500.00 765117 3593 HALL LETTER SHOP Sep 28, 2023 $665.90 765118 11942 HALL, DENNIS Sep 28, 2023 $26.33 765119 3660 HARBOR FREIGHT TOOLS Sep 28, 2023 $240.28 765120 10037 MISCELLANEOUS TRUST VENDOR Sep 28, 2023 $62.00 765121 3770 HERRERA, FRANK R Sep 28, 2023 $26.33 765122 33403 HIGGS FLEET SERVICES Sep 28, 2023 $20,124.87 765123 32978 HIGHSTREET IT SOLUTIONS LLC Sep 28, 2023 $51,503.33 765124 28525 HINKLE, KEVIN Sep 28, 2023 $381.00 765125 11250 HINSON, LAURA Sep 28, 2023 $42.50 765126 30391 HOME DEPOT PRO Sep 28, 2023 $2,399.12 765127 17133 HOWELL, KEITH THOMAS Sep 28, 2023 $333.00 765128 15384 HOWLETT, JOHN P Sep 28, 2023 $26.33 765129 3929 HYDRAULIC CONTROLS INC Sep 28, 2023 $60.19 765130 33338 INFLUENCERS YOUTH SPORTS Sep 28, 2023 $1,500.00 765131 32657 INIGUEZ, RICARDO Sep 28, 2023 $2,000.00 765132 11855 JACK DAVENPORT SWEEPING SERVICE Sep 28, 2023 $49,998.00 765133 19283 JAM SERVICES INC Sep 28, 2023 $8,995.58 765134 28917 JAN-PRO CLEANING SYSTEMS Sep 28, 2023 $3,116.60 765135 32341 JAYNE, MARIA MAGDELENA Sep 28, 2023 $480.00 765136 25838 JCI JONES CHEMICALS INC Sep 28, 2023 $12,198.73 765137 4171 JERKY & KEITHS INC Sep 28, 2023 $5,135.62 765138 4178 JIM BURKE LINCOLN MERCURY Sep 28, 2023 $11,525.67 765139 15694 JIMS TOWING INC Sep 28, 2023 $100.00 765140 33506 JOHNSON FLOORING INC Sep 28, 2023 $33,265.00 765141 24194 JOHNSON, CLARISSE Sep 28, 2023 $26.33 765142 4226 JOHNSTONE SUPPLY OF BAKERSFIEL Sep 28, 2023 $639.81 765143 4243 JORGENSEN &CO Sep 28, 2023 $672.23 765144 13344 JUDSON, DAVID Sep 28, 2023 $38.11 765145 28989 K& I SERVICES INC Sep 28, 2023 $4,532.24 765146 19554 K& R TOWING Sep 28, 2023 $50.00 765147 12857 KAISER PERMANENTE Sep 28, 2023 $26,986.64 765148 10294 KERN BUILDING MATERIAL INC Sep 28, 2023 $965.31 765149 10037 MISCELLANEOUS TRUST VENDOR Sep 28, 2023 $500.00 765150 10037 MISCELLANEOUS TRUST VENDOR Sep 28, 2023 $500.00 765151 4435 KERN COUNTY CLERKS Sep 28, 2023 $2,814.00 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 11 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 765152 4439 KERN COUNTY WASTE MANAGEMENT Sep 28, 2023 $156,059.08 765153 4577 KERN DELTA WATER DIST Sep 28, 2023 $45,099.87 765154 7492 KERN MACHINERY INC Sep 28, 2023 $1,294.15 765155 26248 KERN PRINT SERVICES INC Sep 28, 2023 $3,956.95 765156 4680 KERN RIVER BOWER EQUIPMENT INC Sep 28, 2023 $1,697.37 765157 4790 KGET TV Sep 28, 2023 $400.00 765158 24522 KILLIAN BEST CONTROL Sep 28, 2023 $1,320.00 765159 193 KIM LEY HORN &ASSOCIATES INC Sep 28, 2023 $24,367.50 765160 23434 KINNEY, STEVEN P Sep 28, 2023 $2,823.00 765161 21175 KISBEY, KAREN Sep 28, 2023 $13.07 765162 24478 KOHLER, KAROL Sep 28, 2023 $122.00 765163 4931 KULLRICH, DAN Sep 28, 2023 $42.50 765164 12552 KURB SCUT Sep 28, 2023 $4,600.00 765165 17229 L C ACTION SUPPLY INC Sep 28, 2023 $4,198.89 765166 2267 L N CURTIS & SONS Sep 28, 2023 $7,786.18 765167 14749 LANDSCAPE STRUCTURES INC Sep 28, 2023 $965.16 765168 11525 LEON, JOHN Sep 28, 2023 $42.50 765169 23942 LINEAR SYSTEMS INC Sep 28, 2023 $7,500.00 765170 12054 LIVERMORE, PATRICIA Sep 28, 2023 $40.56 765171 5133 LOOP ELECTRIC INC Sep 28, 2023 $13,829.00 765172 29711 LOPEZ JR, JOHNNY Sep 28, 2023 $11.16 765173 5163 LOPEZ, FRANK Sep 28, 2023 $26.33 765174 33456 LUCKY SPOT AUTO BODY & PAINT Sep 28, 2023 $3,739.01 765175 5160 LYM,AN, D,AVID Sep 28, 2023 $136.12 765176 24061 M,AH,AFFEY, BOBBY Sep 28, 2023 $26.33 765177 30673 MAN-IC9 Sep 28, 2023 $12,448.75 765178 10037 MISCELLANEOUS TRUST VENDOR Sep 28, 2023 $112.00 765179 33682 MARTIN, JEFFREY Sep 28, 2023 $187.00 765180 32612 MCLAY, M,ARY,ANNE Sep 28, 2023 $42.50 765181 30689 MEDIN,A, EVANGELIN,A Sep 28, 2023 $1,268.30 765182 5446 MELTON, ROBERT D Sep 28, 2023 $13.07 765183 70292 METROPOLITAN RECYCLING LLC Sep 28, 2023 $281,634.78 765184 19252 MEYER CIVIL ENGINEERING INC Sep 28, 2023 $1,575.00 765185 33670 MEYER, CAMERON Sep 28, 2023 $1,675.00 765186 1316 MICHELIN NORTH,AMERICA INC Sep 28, 2023 $18,271.53 765187 16428 MICKEY CAS,ANOVA& S,ACK CP,A@S Sep 28, 2023 $1,950.00 765188 5629 MONSIB,AIS, IS,A,AC O. Sep 28, 2023 $2.34 765189 23178 MOSQUED,A, ROGELIO Sep 28, 2023 $242.00 765190 5687 MOTOR CITY SALES &SERVICE Sep 28, 2023 $162.71 765191 10600 MOYER, MICKEY D. Sep 28, 2023 $42.50 765192 885 MSC INDUSTRIAL SUPPLY CO INC Sep 28, 2023 $19.53 765193 12111 MUNOZ, STEVE Sep 28, 2023 $400.00 765194 31094 NATIONAL,AUTO FLEET GROUP Sep 28, 2023 $75,398.38 765195 23732 NEW GENERATION GRAPHICS Sep 28, 2023 $5,560.80 765196 5896 NEWTON, KENNETH RAY Sep 28, 2023 $13.07 765197 32463 O,AKLE,AF GENERAL ENGINEERING CON;Sep 28, 2023 $3,479.00 765198 28633 OCHO,A, ,ASCENCION Sep 28, 2023 $305.00 765199 5963 OFFENBURGER, BILL Sep 28, 2023 $42.50 765200 33488 OGET Sep 28, 2023 $275.00 765201 14676 OJED,A, D,AVID Sep 28, 2023 $530.00 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 12 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 765202 30905 OLAGUEZ TRANSPORT Sep 28, 2023 $30,170.96 765203 32671 ONE SOURCE PARTS LLC Sep 28, 2023 $3,086.19 765204 10361 OPEN &SHUT ENTERPRISES Sep 28, 2023 $59.54 765205 6022 ORTIZ, JULIO P. Sep 28, 2023 $11.13 765206 32606 OUTSIDE INTERACTIVE INC Sep 28, 2023 $4,895.00 765207 27975 OWEN, M ROSE Sep 28, 2023 $42.50 765208 29655 P &A ADMINISTRATION SERVICES INC Sep 28, 2023 $4,015.40 765209 24965 PARAGON PARTNERS LTD INC Sep 28, 2023 $7,926.25 765210 20828 PARSONS TRANSPORTATION GROUP IN Sep 28, 2023 $145,712.67 765211 24458 PAVLETICH ELECTRIC Sep 28, 2023 $240.00 765212 24029 PAYLESS TOWING Sep 28, 2023 $150.00 765213 32971 PAYMENTUS Sep 28, 2023 $368.55 765214 6263 PENSINGER TRAILER RENTALS Sep 28, 2023 $69.11 765215 33551 PENTON, TREY Sep 28, 2023 $1,528.00 765216 29817 PERKINS, CHRISTINA Sep 28, 2023 $265.20 765217 11451 PHILLIPS, SHIRLEY A Sep 28, 2023 $26.33 765218 31533 POWER BUSINESS TECHNOLOGY LLC Sep 28, 2023 $345.77 765219 12132 OUON, MICHAEL F Sep 28, 2023 $42.50 765220 25756 RANCHO TREE SERVICE Sep 28, 2023 $13,050.00 765221 20713 NDY@S TOWING LLC Sep 28, 2023 $150.00 765222 3249 RAY GASKIN SERVICE INC Sep 28, 2023 $9,698.87 765223 28480 READY REFRESH Sep 28, 2023 $32.51 765224 32460 RENNE PUBLIC LAW GROUP Sep 28, 2023 $3,000.00 765225 28837 RICHARDS CRANE SERVICE LLC Sep 28, 2023 $1,808.74 765226 28060 ROBERTS, EMMA Sep 28, 2023 $42.50 765227 33524 ROMINES, PAULA Sep 28, 2023 $26.33 765228 30797 ROWE, ANITA J Sep 28, 2023 $42.50 765229 698 SAN JOAQUIN INTERIORS Sep 28, 2023 $789.21 765230 33435 SAN JOAQUIN TIRES &WHEELS Sep 28, 2023 $4,001.22 765231 7216 SCRIVANO, JAMES Sep 28, 2023 $26.33 765232 7357 SHERMAN, THOMAS Sep 28, 2023 $26.33 765233 7351 SNIPES, HENRY Sep 28, 2023 $26.33 765234 27222 SHORT, RONALD Sep 28, 2023 $40.56 765235 25246 SIGLER INC Sep 28, 2023 $4,620.11 765236 7103 SJVAPCD Sep 28, 2023 $463.30 765237 7424 SLATER, TRUDY Sep 28, 2023 $7.24 765238 21467 SLAYTON, RACE Sep 28, 2023 $62.77 765239 19584 SMITH & SON TIRE INC Sep 28, 2023 $3,420.93 765240 7493 SNYDER, RHENDA Sep 28, 2023 $38.11 765241 22473 SOILS ENGINEERING INC Sep 28, 2023 $7,811.00 765242 27951 SOLENIS LLC Sep 28, 2023 $73,540.29 765243 11907 SPARKLETTS Sep 28, 2023 $1,915.77 765244 28923 STARS AND STRIPES Sep 28, 2023 $3,225.00 765245 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Sep 28, 2023 $1,099.25 765246 24391 STAY FOCUSED MINISTRIES Sep 28, 2023 $675.21 765247 13760 STURTEVANT, LARRY Sep 28, 2023 $13.07 765248 25704 SUAREZ, GEORGE Sep 28, 2023 $28.29 765249 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Sep 28, 2023 $712.29 765250 70330 SUNRUN INSTALLATION SERVICES 250V Sep 28, 2023 $476.00 765251 29458 SUPERION, LLC Sep 28, 2023 $7,220.00 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 13 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 765252 24575 SWANK MOTION PICTURES INC Sep 28, 2023 $510.00 765253 28832 T-MOBILE USA Sep 28, 2023 $100.00 765254 7835 TABLIT, ROSERT Sep 28, 2023 $13.07 765255 11227 TARANGO, EMILIO Sep 28, 2023 $26.33 765256 21158 TARGET SPECIALTY PRODUCTS Sep 28, 2023 $27,330.67 765257 25338 TEN EIGHT TOW INC Sep 28, 2023 $50.00 765258 20357 TEUTIMEZ, DONALD Sep 28, 2023 $42.50 765259 33656 THE NATIONAL INSTITUTE FOR CRIMINA Sep 28, 2023 $130,000.00 765261 451 THE OPEN DOOR NETWORK Sep 28, 2023 $225,097.85 765262 26861 TORRES, SHIRLEY Sep 28, 2023 $26.33 765263 30881 TOTAL LANDSCAPE MAINTENANCE Sep 28, 2023 $1,700.00 765264 33685 TRAMPE JR, WERTHER Sep 28, 2023 $48.00 765265 21369 TRANS-WEST SECURITY INC Sep 28, 2023 $10,946.62 765266 15212 U.S. BEHAVIORAL HEALTH PLAN Sep 28, 2023 $1,476.00 765267 29109 UNIFIED FIELD SERVICES CORPORATIOI Sep 28, 2023 $11,294.92 765268 29221 UNITED CONCORDIA DENTAL PLANS OF Sep 28, 2023 $4,882.96 765269 24193 URSIN, MARGARET Sep 28, 2023 $42.50 765270 17940 VINCENT, LESLIE Sep 28, 2023 $26.33 765271 30432 V3 COMPANIES LTD Sep 28, 2023 $5,305.46 765272 14647 WAXIE SANITARY SUPPLY INC Sep 28, 2023 $555.94 765273 29153 WENDALE DAVIS FOUNDATION Sep 28, 2023 $13,706.31 765274 15380 WILLIAMS, ISASEL Sep 28, 2023 $26.33 765275 9052 WISHAM, DARLENE Sep 28, 2023 $26.33 765276 32693 WOFFORD, TAYLOR Sep 28, 2023 $385.11 765277 18167 ZAP MANUFACTURING INC Sep 28, 2023 $5,929.78 765278 9244 ZEP MANUFACTURING COMPANY Sep 28, 2023 $1,463.35 765279 32613 ZINK, LEROY Sep 28, 2023 $42.50 765281 78 ADVANCED DISTRIBUTION CO Sep 28, 2023 $15,065.17 765282 25365 AECOM TECHNICAL SERVICES INC Sep 28, 2023 $794,755.00 765284 23588 ALUMINUM CHUCK WAGON Sep 28, 2023 $15,631.75 765287 26538 ARAMARK UNIFORM & CAREER A PARE Sep 28, 2023 $3,152.74 765289 28830 AUTOZONE STORES INC Sep 28, 2023 $8,382.84 765292 32795 BAKER SUPPLIES AND REPAIRS Sep 28, 2023 $5,906.16 765293 982 CA RASMUSSEN INC Sep 28, 2023 $133,895.90 765294 18159 C W E A Sep 28, 2023 $221.00 765298 1696 CALIFORNIA WATER SERVICE Sep 28, 2023 $122,970.98 765299 11937 CITY OF BAKERSFIELD Sep 28, 2023 $300.00 765300 32267 COMPASSION CHRISTIAN CENTER Sep 28, 2023 $35,000.00 765302 2162 CONSOLIDATED ELECTRICAL DIST INC Sep 28, 2023 $13,848.16 765303 11572 CRS Sep 28, 2023 $145.00 765304 2469 DEPARTMENT OF JUSTICE Sep 28, 2023 $688.00 765305 2469 DEPARTMENT OF JUSTICE Sep 28, 2023 $256.00 765307 14055 FAST UNDERCAR LLC Sep 28, 2023 $9,957.94 765309 3213 GALLS, LLC Sep 28, 2023 $12,778.20 765311 3427 GRAINGER INC, W W Sep 28, 2023 $4,033.69 765314 7933 HOME DEPOT Sep 28, 2023 $6,367.56 765316 1390 JIM BURKE FORD Sep 28, 2023 $3,485.17 765317 33680 JOHANSEN, ARNOLD Sep 28, 2023 $275.00 765319 4740 KERN TURF SUPPLY Sep 28, 2023 $3,780.09 765320 5133 LOOP ELECTRIC INC Sep 28, 2023 $185,779.07 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ 9/29/2023 CHECK REGISTER PAGE 14 FROM 9/15/2023 TO 9/28/2023 Check Number Vendor Number Vendor Name Check Date Check Amount 765322 15624 LOWE@S HOME IMPROVEMENT Sep 28, 2023 $2,299.47 765323 12627 MARDEROSIAN &COHEN Sep 28, 2023 $66,179.47 765325 24279 O@REILLY AUTO PARTS Sep 28, 2023 $1,813.71 765326 14088 PACIFIC GAS & ELECTRIC Sep 28, 2023 $49.81 765328 6114 PACIFIC GAS & ELECTRIC COMPANY Sep 28, 2023 $2,388,979.14 765329 33612 SAN DIEGO LANDSYSTEMS LLC Sep 28, 2023 $15,110.00 765332 27361 SC FUELS Sep 28, 2023 $89,423.50 765333 32892 SINEWATTS INC Sep 28, 2023 $30,000.00 765334 7096 SJVACD Sep 28, 2023 $580.00 765335 7096 SJVACD Sep 28, 2023 $802.00 765336 7509 SOCALGAS Sep 28, 2023 $14.44 765337 21314 TICOR TITLE COMPANY INC Sep 28, 2023 $159,917.00 765340 25879 ZOOM IMAGING SOLUTIONS, INC. Sep 28, 2023 $4,155.38 9997021 10199 BAKERSFIELD CITY EMPLOYEE Sep 15, 2023 $197,513.00 9997022 30014 EMPLOYMENT DEVELOPMENT DEFT Sep 15, 2023 $322,401.53 9997023 10217 I C M A RETIREMENT TRUST-303749 Sep 15, 2023 $54,406.78 9997024 30010 IRS Sep 15, 2023 $904,222.49 9997025 16863 NATIONWIDE RETIREMENT SOLUTIONS Sep 15, 2023 $154,272.69 9997026 20699 VANTAGE DINT TRANSFER AGENTS C/1 Sep 15, 2023 $57,462.89 9997027 30028 SLUE SHIELD OF CALIFORNIA-P Sep 21, 2023 $619,444.85 9997028 33667 CARD CHAMP Sep 21, 2023 $104.28 9997029 32616 DP CAL CORPORATE PLAZA LP Sep 21, 2023 $56,645.70 9997030 30021 KAISER PERMANENTE Sep 21, 2023 $260,014.10 9997031 10206 STATE OF CALIF - PERS Sep 21, 2023 $1,512,351.72 9997032 11811 WELLS FARGO SANK Sep 21, 2023 $91,427.87 9997033 32428 CALIFORNIA DEFT OF JUSTICE Sep 28, 2023 $500,000.00 9997034 30022 IRS/ FDRF Sep 28, 2023 $146.00 9997035 30025 STATE DISBURSEMENT UNIT Sep 28, 2023 $24,719.90 9997037 18560 U S BANK N.A. MINNESOTA Sep 28, 2023 $1,241,992.25 9997038 11811 WELLS FARGO BANK Sep 28, 2023 $155,071.23 680 Overall -Count Overall -Total $24,798,947.93 $24,798,947.93 S:\Accounting\LACEY\AD M I N-COU NCI L\2023\COU NCI L-AD M I N\10-11-2023\ City of Bakersfield Animal Care Center Expenses Month Illll lllf Beginning Balance ill1111111 11� �1 ill11111 �� ��l�l July 2021 Payment 85,815.00 85,815.00 BALANCE 258,763.52 251,529.41 Salary/Benefit Expenses Salary Expenses: 6560-Payroll Service 225.35 238.48 6561-Worker's Compensation 992.50 992.50 7200-Director& PR 5,130.76 7,446.14 7240-Clerical/Office 9,848.00 10,830.75 7241-Clerical/Office OT 7250-Kennel (RVT&Vets) 19,042.27 22,369.27 7251-KennelOT 460.13 321.96 Total Salaries& Related Expenses 35,699.01 42,199.10 7222-Social Security/Medicare 2,438.60 2,935.78 7300-Other Personnel Expenses 7335-Personnel Education - 7342-Vision Insurance Covid - - 7346-Mutual of Omaha 10.72 13.92 7340-Health Insurance 760.53 1,308.23 7341-Dental Insurance 69.37 - 7345-Unemployment Insurance - - 7347-Uniform 791.30 656.25 7355-Drug Screening 130.00 - 7551-Employee Relations - - Total Other Pesonnel Expenses 4,200.52 4,914.18 8101-Feed 2,032.89 4,009.58 8102-Feed Foster Care 338.73 - 8103-Medical Supplies 11,825.50 12,751.98 8104-Medical Care (except S/N) 3,959.99 4,635.80 8105-Shelter Supplies 6,952.69 5,429.56 8106-Office Supplies 388.61 - 8107-Merchandise Resale - - 8110-Advertising& Promotions 1,225.03 196.13 8111-Computer Service - 8112-CCP/Shelter - 8122-Spay/Neuter Procedures 17,500.00 32,480.00 8123-Disposal 89.00 89.00 8130-Communications 80.81 80.74 8140-Postage, Shipping - 16.26 8152-Rescue Supplies - - 8155-ACO Expenses 150.69 1,059.63 8157-Special Events Expense-CBACC - - 8160-Equipment Repair - - 8161-Shelter Maintenance - 64.00 8165-Fuel - - 8166-Monthly Maintenance 390.36 293.52 8168-Shelter Equipment - - 8171-Microchip Registration - - 8180-Dues, Fees, Subscriptions 100.00 - 8181-Late Fees - - 8182-Finance Charges - - 8193-Membership Expenses - - 8228-Surgical Supplies 182.64 182.64 8300-Meeting Expense - - 8500- Misc Expense - - Total Operating Expenses 45,216.94 61,288.84 SUB TOTAL EXPENSE 85,116.47 108,402.12 4991-Animal Control Reimbursement 150.69 1,059.63 4992-Special Events Income-CBACC - - 4993-CBACC Donations - - 4017-Spay/Neuter Grant - - 4025-Sale of Merchandise - - Total Other Income 150,69 1,059,E TOTAL OPERATING EXPENSE 84,965.78 107,342.49 Other Expenses: 8998-SPCA Management Fee 8,083.33 8,083.33 8,083.33 8,083.33 93,049.11 115,425.82 ENDING BALANCE There is a credit IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII (IIIIIIIIIIIIIIIIIIIIIIIIIIII "' (IIIIIIIIIIIIIIIIIIIIIIIIIIII 85,815.00 91,136.00 91,136.00 91,136.00 91,136.00 91,136.00 221,918.59 183,240.50 166,258.74 163,231.88 156,509.44 141,181.60 234.48 348.65 240.96 235.33 444.71 40.91 992.50 992.50 - 1,386.00 - 1,198.00 5,130.77 7,753.83 10,629.63 6,492.32 11,914.14 6,492.32 9,860.25 17,071.13 14,638.08 14,584.58 15,181.38 15,044.99 23,100.89 31,998.29 17,233.89 20,328.63 21,726.75 21,960.88 272.82 406.32 406.88 330.57 337.32 1,096.50 39,591.71 58,570.72 43,149.44 43,357.43 49,604.30 45,833.60 2,743.19 4,094.36 3,031.83 2,947.67 3,481.90 3,137.46 9.12 9.12 7.52 9.44 9.44 9.44 622.16 622.16 730.51 730.51 730.51 730.51 181.07 90.51 64.82 - 66.30 405.20 92.67 - 885.18 - 2,946.33 801.42 (1,157.83) 696.97 344.12 325.81 35.00 70.00 - - 70.00 6,761.00 5,778.13 2,795.21 4,449.41 5,451.15 4,339.52 3,233.17 2,653.69 4,035.25 1,831.90 1,662.14 978.70 371.73 648.54 - - 323.57 - 12,790.72 9,423.87 12,228.74 11,398.48 13,316.21 6,357.90 9,500.84 9,488.97 10,161.48 4,299.13 6,862.40 4,576.92 8,659.05 6,691.49 3,444.06 4,701.75 3,108.49 3,296.87 1,339.28 50.71 30.29 - 34.64 10.00 1,418.00 1,514.00 208.98 1,198.00 - 35,000.00 3,980.00 7,250.00 17,810.00 14,250.00 14,000.00 89.00 89.00 178.00 89.00 89.00 - 80.78 80.72 80.72 103.78 103.69 103.69 10.71 - 60.00 118.00 - 629.39 108.56 602.15 1,159.23 249.25 3,350.91 2,769.99 - 85.92 - 213.80 75.97 86.22 - - 364.00 283.36 542.49 357.13 308.45 311.26 550.00 207.89 75.00 48.00 572.41 - 188.30 457.60 - 669.85 819.32 1,937.11 430.16 76,007.44 35,794.14 40,737.03 43,127.50 43,574.31 33,629.35 122,360.15 100,142.99 86,681.68 90,934.34 98,629.76 83,802.47 629.39 108.56 602.15 1,159.23 249.25 3,350.91 629, 9 108 56 602,15 1,159,23 249,25 ",350,91 121,730.76 100,034.43 86,079.53 89,775.11 98,380.51 80,451.56 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 129,814.09 108,117.76 94,162.86 97,858.44 106,463.84 88,534.89 in here PY PY IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII AVG MAX 91,136.00 91,136.00 91,136.00 91,136.00 143,782.71 122,863.94 89,015.97 78,809.96 248.45 365.88 240.95 247.66 259.32 444.71 995.50 995.50 995.50 995.50 878.00 1,386.00 6,492.32 11,660.00 13,312.65 6,790.94 8,270.49 13,312.65 16,627.86 22,062.40 13,463.99 13,452.53 14,388.83 17,071.13 22,631.63 33,104.88 18,773.76 18,596.00 22,572.26 33,104.88 528.01 592.13 537.76 1,387.63 556.50 1,387.63 47,523.77 68,780.79 47,324.61 41,470.26 46,925.40 68,780.79 3,269.45 4,770.44 3,241.78 2,793.05 3,240.46 4,770.44 38.08 50.16 15.76 26.16 17.41 50.16 730.51 1,389.85 1,060.18 1,060.18 872.99 1,389.85 66.30 66.30 66.30 66.30 61.44 181.07 885.18 - 885.18 262.78 885.18 415.90 325.12 325.12 406.40 573.08 2,946.33 - - - - 25.41 130.00 79.74 6.65 79.74 5,405.42 6,601.87 4,709.14 5,317.01 5,060.21 6,761.00 3,155.49 1,699.94 2,223.39 5,396.31 2,742.70 5,396.31 460.83 615.22 681.46 286.67 681.46 13,000.38 10,741.98 11,201.82 12,607.27 11,470.40 13,316.21 4,122.29 4,761.89 2,185.50 1,595.60 5,512.57 10,161.48 7,282.86 6,811.66 5,787.17 10,837.71 6,083.61 10,837.71 - 70.35 511.84 - 202.14 1,339.28 - 199.00 - 1,797.00 647.18 1,797.00 21,190.00 14,000.00 17,500.00 14,000.00 17,413.33 35,000.00 89.00 97.90 97.90 97.90 91.23 178.00 103.69 103.67 103.67 110.01 94.66 110.01 118.00 - 118.00 118.00 46.58 118.00 1,030.54 6,954.03 3,350.91 230.83 2,769.99 - 30.31 213.80 - 75.97 367.64 1,906.77 322.86 391.61 12.52 1,906.77 888.00 50.00 17.00 18.75 162.89 888.00 - 63.39 572.41 264.07 459.60 474.32 517.20 532.88 1,937.11 52,072.79 41,517.98 41,224.93 47,487.36 46,806.55 76,007.44 105,001.98 116,900.64 93,258.68 94,274.63 98,792.16 122,360.15 1,030.54 - - - 1,030,54 - - - 3,350.91 103,971.44 116,900.64 93,258.68 94,274.63 121,730.76 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 8,083.33 112,054.77 124,983.97 101,342.01 102,357.96 City of Bakersfield Animal Care Center Expenses Month Beginning Balance Monthly Payment 91,136.00 91,136.00 Management Fee One-Time Outstanding Fee Monthly Back Pay BALANCE 67,588.00 57,706'9.6 Salary/Benefit Expenses Salary Expenses: 6560-Payroll Service 255.55 251.60 6561-Worker's Compensation 992.50 994.00 7200-Salaries& Related Expenses-Other 6,790.94 6,790.94 7240-Clerical/Office 14,362.96 10,373.52 7241-Clerical/Office OT - - 7250-Kennel (RVT&Vets) 20,376.75 22,808.25 7251-Kennel OT 1,543.06 526.71 Total Salaries& Related Expenses 44,321.76 41,745.02 7222-Social Security/Medicare 3,018.01 2,824.37 7300-Other Personnel Expenses - - 7335-Personnel Education - - 7340-Health Insurance 1,060.18 1,241.26 7341-Dental Insurance 66.30 66.30 7342-Vision Insurance Covid - - 7345-Unemployment Insurance - - 7346-Mutual of Omaha 40.56 28.56 7347-Uniform Expense 270.38 215.64 7355-Drug Screening - - 7551-Employee Relations - - Total Other Personnel Expenses 4,455.43 4,376.13 8101-Feed 2,593.84 1,660.64 8102-Feed Foster Care - - 8103-Medical Supplies 14,475.40 12,923.56 8104-Medical Care (except S/N) 2,167.06 1,441.48 8105-Shelter Supplies 5,772.17 7,142.57 8106-Office Supplies - - 8107-Merchandise Resale - - 8110-Advertising& Promotions 199.00 831.00 8111-Computer Service - - 8112-CCP/Shelter - - 8122-Spay/Neuter Procedures 17,500.00 28,885.00 8123-Disposal 97.90 195.80 8130-Communications 110.31 109.30 8140-Postage, Shipping 122.10 - 8141-City Service-SNIP - - 8149-SNIP Bus - 8152-Rescue Supplies - - 8155-Animal Control Expense - - 8157-Special Events Expense-CBACC 106.30 1,709.38 8160-Equipment Repair - - 8161-Shelter Maintenance - - 8165-Fuel 80.00 - 8166-Monthly Maintenance 329.85 366.80 8168-Shelter Equipment - - 8171-Microchip Registration - - 8180-Dues, Fees, Subscriptions 68.75 - 8181-Late Fees - - 8182-Finance Charges - - 8193-Membership Expenses - - 8228-Surgical Supplies 533.84 566.32 8300-Meeting Expense - - 8500- Misc Expense - - 8606-Staff Training - - Vendor Discount - Total Operating Expenses 44,156.52 55,831.85 SUB TOTAL EXPENSES 92,933.71 101,953.00 4017-Spay/Neuter Grant - 4025-Sale of Merchandise - - 4991-Animal Control Reimbursement - - 4992-Special Events Income-CBACC - - 4993-CBACC Donations - - 4995-City Service-SNIP - - Total Other Income TOTAL OPERATING EXPENSE 92,933.71 101,953.00 Professional Services: - - 8600-Professional Services - 8601-Veterinarian Consulting 8620-Use tax expense - 8625-Accounting Expense - - Total Professional Services - - Other Expenses: 8998-SPCA Management Fee 8,083.33 8,083.33 Total Other Expenses 8,083.33 8,083.33 Total All Expenses 101,017.04 110,036.33 Ending Balance '� �% IIIIIIIIIIIIIIIIIIIIIIIIIIII��, 1� IIIIIIIIII �,,� r� � IIIIIIIIIIIIIIIIIIIIII���� � IIIIIIIIIIIIIIIIIIIIII������ IIIIIIIIIIIIIIIIIIIIIIIIIIIII�IV� 1 ���!!lr IIIIIIIIIIIIIIIIIIIIII�'���' 91,136.00 99,065.00 99,065.00 102,406.00 102,406.00 102,406.00 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 85,000.00 6,682.00 38,806.63 86,162.36 100,267.23 113,684.47 127,924.48 135,846.15 375.42 243.70 249.63 247.66 457.73 257.17 995.50 1,080.50 - - 1,758.00 - 27,453.77 3,461.54 9,115.70 6,961.55 8,595.75 6,961.54 16,418.69 10,403.63 11,038.30 11,177.55 111932.40 12,346.98 30,379.88 18,894.88 21,080.00 20,589.38 251361.25 21,338.50 1,508.72 1,946.20 1,865.63 1,357.00 1,861.88 1,959.58 77,131.98 36,030.45 43,349.26 40,333.14 49,967.01 42,863.77 5,416.56 2,406.66 3,044.89 2,816.08 3,374.78 3,003.15 269.13 542.17 1,067.63 519.85 519.85 519.85 66.30 66.36 93.80 135.00 91.52 91.52 885.18 - - 549.50 - - 14.40 21.60 26.40 24.00 24.00 28.80 269.55 215.64 215.64 269.55 215.64 215.64 - 35.00 - - - 35.00 - - - 907.11 203.48 - 6,921.12 3,287.43 4,448.36 5,221.09 4,429.27 3,893.96 6,844.63 - 3,930.70 7,277.11 1,528.84 2,902.25 11,925.87 14,699.15 20,145.31 12,721.05 13,020.68 15,282.97 817.88 3,236.33 986.52 2,758.11 3,343.78 3,102.67 11,527.16 3,420.73 7,408.66 3,832.79 4,059.52 7,220.99 - 24.89 141.70 338.18 358.88 505.54 1,198.00 1,080.27 - - 1,145.00 1,244.00 21,000.00 21,280.00 14,235.00 14,000.00 141405.00 14,000.00 97.90 97.90 97.90 97.90 97.90 97.90 118.45 - - - - 680.67 - 82.59 1,248.60 460.43 - - - - 223.12 - 412.58 334.71 397.50 951.27 327.44 325.94 156.25 256.15 106.25 198.23 100.00 31.25 890.79 1,212.12 423.60 437.12 1,477.89 352.88 55,670.18 45,642.25 47,955.73 43,860.36 40,548.48 45,066.39 139,723.28 84,960.13 95,753.35 89,414.59 94,944.76 91,824.12 680.67 - 82.59 1,248.60 460.43 6 0,67 82 1,248 60 460,43 139,042.61 84,960.13 95,670.76 88,165.99 94,484.33 91,824.12 8,083.33 10,416.47 10,416.67 10,416.67 10,416.67 10,416.67 8,083.33 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 147,125.94 95,376.80 106,087.43 98,582.66 104,901.00 102,240.79 PY PY AVG MAX IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ��� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII f IIIIIIIIIIIIIIIIIIIIIIIIII'ION@ IIIIIIIIIIIIIIIIIIIIIIIIIII " r ��� 102,406.00 102,406.00 102,406.00 102,406.00 10,416.67 10,416.67 10,416.67 10,416.64 1.46r428' .3. 91,959.04 77,036.36 67,314.68 383.33 251.60 251.60 269.20 new new 4,138.00 - 1,109.50 1,109.50 1,130.32 1,612.00 11,307.69 6,961.54 6,961.54 6,961.54 17,191.26 11,191.50 11,114.23 11,766.35 35,816.63 24,755.63 24,222.25 25,743.00 3,401.49 2,498.97 2,480.01 1,976.65 72,238.40 45,659.24 46,139.13 47,826.24 4,802.90 3,206.49 3,144.12 3,277.92 456.17 912.33 519.85 519.85 519.85 519.85 1,041.73 1,546.96 91.52 91.52 91.52 91.52 102.78 181.61 - - 265.51 26.40 26.40 26.40 26.40 269.55 215.64 206.97 255.10 452.28 900.63 360.00 - - 485.00 - 24.75 - 6,070.22 4,084.65 4,254.37 4,655.79 3,785.81 2,955.00 7,278.97 3,823.82 23,091.30 24,760.11 24,148.88 22,682.91 10,365.83 3,770.32 2,319.68 2,431.49 9,457.72 10,203.45 8,003.59 5,825.81 231.21 571.57 179.64 561.20 - - 122.32 29,562.50 23,906.25 16,781.25 17,156.25 97.90 107.69 107.69 130.19 - 58.84 - 144.91 386.57 362.39 352.90 437.13 360.75 180.74 74.25 74.25 1,226.78 543.23 2,364.98 2,010.53 79.13 57.52 1,192.12 78,566.37 67,643.63 61,734.15 55,133.58 156,874.99 117,387.52 112,127.65 107,615.61 58.84 58 f 4 0.00 156,874.99 117,328.68 112,127.65 107,615.61 - 5.00 60.00 - - - 0.00 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 8,083.33 8,083.33 167,291.66 127,745.35 122,544.32 118,032.28 66,827.82 93,582.36 1,188,380.00 (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Resolutions c. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DAT E: 9/22/2023 WARD: SUBJECT: Resolution calling for the Primary Municipal Election for the Office of Mayor and requesting consolidation with the County of Kern for the Statewide Direct Primary Election to be held on Tuesday, March 5, 2024. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The California Statewide Direct Primary Election is set for March 5, 2024. The City Charter requires that a primary municipal election for the Office of Mayor be held concurrently with the statewide direct primary. This resolution requests the County Board of Supervisors take the necessary steps to consolidate this election. The nomination period for the Office of Mayor begins November 13, 2023, and ends December 8, 2023. The nomination period will be extended to December 11, should the incumbent not file by the deadline. If no one candidate receives more than 50 percent of the total votes cast in the election, the Charter provides for a run-off election to be held November 3, 2020. If this should occur, the names of the two candidates who receive the most votes in the primary election will appear on the ballot. The elected Mayor will take office on January 6, 2025. I ncluded for City Council review is the City Clerk's election calendar. This calendar provides information regarding filing deadlines, campaign reporting deadlines and other important dates. It is not intended for legal advice and is for general guidance only. The calendar is available to the public from the City Clerk's Office and on the City's web site. ATTACHMENTS: Description Type a IResolution IResolution a Calendar li:leck up I eteriel RESOLUTION NO. A RESOLUTION CALLING AND GIVING NOTICE OF HOLDING A PRIMARY MUNICIPAL ELECTION FOR THE OFFICE OF MAYOR AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 WHEREAS, pursuant to Section 67.1(a) of the Charter of the City of Bakersfield, the Primary Municipal Election for election of Mayor of the City of Bakersfield shall be held concurrently with the California State Primary Election; and WHEREAS, the California Statewide Direct Primary Election will be held on Tuesday, March 5, 2024; and WHEREAS, in accordance with Section 10403 of the California Elections Code, it is desirable that the Primary Municipal Election be consolidated with the California State Primary Election and held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department canvas the returns of the Primary Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, the City of Bakersfield acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: SECTION 1 . That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolidation of a Primary Municipal Election with the Statewide Direct Primary Election, on Tuesday, March 5, 2024, for the purpose of electing the Mayor of the City of Bakersfield for the full term of four years which ends January 1, 2029; SECTION 2. That the Board of Supervisors of the County of Kern is hereby requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the consolidated election. SECTION 3. That the Board of Supervisors of Kern County is further requested to cause the list of candidates for Mayor of the City of Bakersfield to be printed upon each of the ballots to be used in the City of Bakersfield at said Primary 1 Municipal Election, including absent voter ballots. Said Board is further requested to cause to be set forth said office on all sample ballots relating to the City election called and consolidated, and to mail to the qualified electors within the City said sample ballots and voter's pamphlets, all in the time and in the form required by law, and to provide absent voter ballots for said consolidated election for use by electors of the City of Bakersfield who may be entitled thereto in the manner provided by law. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the California Elections Code. SECTION 5. That the Board of Supervisors of the County of Kern is hereby authorized to canvass, or cause to be canvassed, the returns of said Primary Municipal Election for Mayor, to certify such canvass of the votes so cast and provide a "Statement of Election Results" to the City Clerk. SECTION 7. The City Clerk is hereby authorized and directed to certify the adoption of this resolution, transmit and file it with the Board of Supervisors and the County Elections Department of the County of Kern. SECTION 6. That the City of Bakersfield recognizes that additional costs will be incurred by the County and shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 8. The City Clerk is hereby authorized and directed to give all notices and perform all advertising as required by law and perform, or cause to be performed, all the duties and functions in the conduct of the election as required by State law. ----------000---------- 2 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 October 11, 2023, by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES,WEIR,SMITH, FREEMAN, GRAY, KAUR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: By VIRGINIA GENNARO City Attorney S:\COUNCIL\Resos\23-24\CALLING MAYOR PRIMARY March 5 CAO.doc S:\Election\RESOLUTIONS\2024\CALLING MAYOR PRIMARY March 5.doc 9/22/2023 3 ELECTION CALENDAR GENERAL MUNICIPAL ELECTION MAYOR MARCH 5, 2024 ELECTION CODE PROVISIONS DATES 1. City Council Meeting adopting Resolution calling election requesting Kern October 11, 2023 County to conduct. (E.C. §10402, §10403) 2. Publication of Notice of Election (Publish one time. (G.0 .§6061, E.C. §10242, §12101, §12102, §12109) Not earlier than 127th day prior to election October 30, 2023 Not later than 113th day prior to election November 13, 2023 3. First day to file Nomination Papers November 13, 2023 Requires no less than 20 nor more than 30 signatures. E.C. §10220, §10224, §10407- 113th day prior to Election 4. Last day to submit Resolution to County Board of Supervisors and County December 8, 2023 Clerk calling election and requesting consolidation E.C. §10403 5. Last day to file Nomination Papers and Candidate Statements. Must be December 8, 2023 filed concurrently. (E.C. §10220, §10224, §10407, §13307—88th day prior to Election) 6. Last day for candidates to withdraw his/her Nomination papers, excluding December 8, 2023 extended filing period. (E.C. §10224) 7. Last day to withdraw Candidate's Statement. May not be altered or December 11, 2023 changed once filed. (E.C. §13307, §13311) 8. First day of extension period for Nomination Papers to be filed. (Applicable December 9, 2023 only for Non-incumbent, when the incumbent does not file by the deadline E.C. §10225, §10407 9. Last day to file Nomination Papers and Candidate Statements under the December 13, 2023 extension period provision. Must be filed concurrently (E.C. §10224, §10225— 83rd day prior to Election 10. Last day for candidates to withdraw his/her Nomination papers filed under December 13, 2023 the extension period provision (E.C. §10225) 11. Last day to withdraw Candidates' Statement filed under the extension December 14, 2023 period provision (E.C. §13307) 12. Randomized Alphabet Drawing by Secretary of State (E.C.§13112, §13113— December 14, 2023 8211 day prior to Election) 13. Last day for City Clerk to certify and file with Kern County the List of December 15, 2023 Candidates (G.C. §6066, E.C. §10403—8111 day prior to Election) 14. First day filing period for Write-In Candidates,( E.C.§8600-8604, §10103, §10220) January 8, 2024 15. First Pre-Election Campaign Statement due to City Clerk (Filing Officer) * January 25, 2024 16. Publication of List of Nominees as they shall appear on the ballot (Publish February 27, 2024 once and no later than the 7th day prior to Election. E.C.§12110) 17. Last day to Register to Vote for the November election. February 19, 2024 18. Last day to file as a Write-in Candidate and file Nomination Petitions February 20, 2024 E.C. 8600-8604, 10103, 10220 19. Second Pre-Election Campaign Statement due to City Clerk * February 22, 2024 20. ELECTION DAY March 5, 2024 21. Kern County to Canvass Election Returns (E.C. §10411, §10262(b), §10263(b), March 6, 2024- §15372) April 4, 2024 22. Swearing in Ceremony of newly elected Mayor January 6, 2025 * Refer to March 5, 2024 Election Filing Schedule and Campaign Disclosure Manual 2 for complete information on Campaign Finance. 10/05/23 SAElection\CALENDAR\2024\March 5 Mayor.doc (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Resolutions d. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DAT E: 10/2/2023 WARD: SUBJECT: Resolution authorizing the Establishment and Formation of the Bakersfield Community Land Trust. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On September 13, 2023, Vice Mayor Andrae Gonzales made a referral to establish and form a Bakersfield community land trust (CLT) to develop another tool to address homelessness and affordable housing in Bakersfield. A CLT is a non-profit organization whose primary mission is to oversee permanently affordable housing and preserve it for future generations. There are various CLT models in existence, including 225 CLTs in the United States and 28 CLTs in California. In California, the CLTs steward over 1,500 units of housing with over 3,500 residents. The fundamental mechanism that allows for securing affordable housing is ownership of land by the CLT, and the leasing of that land to those who live in homes built on it. The CLT can acquire properties and retain ownership of the land while entering into a 99-year ground lease with the owner of the improvements, usually homes or apartment buildings. The ground lease requires that the buildings remain permanently affordable to low-income households whether renters or homeowners. CLTs monitor and enforce the ground lease while also supporting residents with services that ensure their financial stability and ability to thrive. CLTs are 501(C)(3) non-profit organizations and governed by a board of directors that include members of the community so that the C LTs remain rooted in the communities they serve. The City Council hereby authorizes and directs the City Attorney and City Manager to take the necessary steps to establish and form the Bakersfield Community Land Trust. ATTACHMENTS: Description Type D 13akerstield Il...and Trust IReso IResolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING THE ESTABLISHMENT AND FORMATION OF THE BAKERSFIELD COMMUNITY LAND TRUST. WHEREAS, the City of Bakersfield (the "City") in compliance with State of California law and its Housing Element must provide affordable housing in the City to meet the full spectrum of housing needs of its population, and particularly to provide housing opportunities for low-and moderate-income residents of the City; and WHEREAS, the City Council recommends that the City improve the provision of affordable housing in the City by directing the formation of a "community land trust," a nonprofit organization that develops and implements strategies for preserving the permanent affordability of residential facilities; and WHEREAS, a community land trust (CLT) is an independent section 501 (c)(3) nonprofit organization created to oversee permanent affordable housing and preserve it for future generations; and WHEREAS, a CLT has the ability to acquire real property and apply for grant and loan funds for the purpose of increasing the supply of affordable housing in the community; and WHEREAS, a CLT owns the underlying land and sells the houses to individual homeowners at affordable prices in order to preserve affordable housing in the community; and WHEREAS, a CLT also leases land to affordable rental housing developers and restricts the rent they charge typically through a 99-year, renewable ground lease; and WHEREAS, the City Council determined that it is in the best interest of the City and furthers the City's interest to establish and form the Bakersfield Community Land Trust for the permanent preservation of affordable housing in Bakersfield. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and incorporated herein by reference. - Page 1 of 2 Pages - 2. The City Council hereby authorizes and directs the City Attorney and City Manager to take the necessary steps to establish and form the Bakersfield Community Land Trust. 3. This resolution shall take effect immediately upon its passage. ---00000--- 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: COUNCIL MEMBER ARIAS,GONZALES,WEIR,SMITH,FREEMAN,GRAY,KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio of the Council of the City of Bakersfield APPROVED By KAREN K. GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By JOSHUA H. RUDNICK Deputy City Attorney II JHR:ag S:\CO U NCIL\Resos\2324\Ba kersfield LandTrusf.d ocx - Page 2 of 2 Pages - (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Resolutions e. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DAT E: 9/29/2023 WARD: SUBJECT: Resolution declaring any COVI D-19 Related Mandates Unenforceable. STAFF RECOMMENDATION: Staff recommends Council Consideration. BACKGROUND: During the City Council meeting of September 13, 2023, Councilmember Weir requested staff return to Council with a Resolution that declares the City will not impose any government mandates that are a direct result of COVI D-19 or any variants. This includes mandates related to wearing a mask, distance requirements and administration of vaccines. In response, the City Attorney's Office prepared a Resolution declaring any COVI D-19 related mandates unenforceable. ATTACHMENTS: Description Type a COVlllD 19 IMenctetes Unenforceable IResolution IResolution a 13lue IMerno li:leck up IMeteriel RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DECLARING ANY COVID-19 RELATED MANDATES UNENFORCEABLE. WHEREAS, the citizens of the State of California and the City of Bakersfield were subjected to injustices in the form of overreaching government imposed mandates during the pandemic; and WHEREAS, unquantifiable damage was done to the citizens of the City of Bakersfield, mentally, emotionally, and financially, by the imposition of such overreaching government imposed mandates during the pandemic; and WHEREAS, unquantifiable damage was done to the business and commerce of the City of Bakersfield by the imposition of such overreaching government imposed mandates for the pandemic; and WHEREAS, mandates, such as masking mandates, violate the free conduct a citizen should expect to enjoy; and WHEREAS, enforcement of mandates, such as masking mandates, put law enforcement in an unenviable position of enforcement; and WHEREAS, mandates, such as compulsory vaccination mandates, imposed by government or business, violate a citizen's right to control over their own body; and WHEREAS, mandates, such as compulsory lockdown mandates, imposed by an overreaching government violate a citizen's right to freedom and liberty guaranteed by the Constitutions of the United States and the State of California; and WHEREAS, the City Council of the City of Bakersfield has been entrusted with the protection of the City's citizens, businesses, and those that are employed in or otherwise enjoy the conveniences of the City: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and are incorporated herein by reference. Resolution Declaring Any COVID-19 Related Mandates Unenforceable. - Page 1 of 3 Pages - 2. That the City of Bakersfield will not enforce any mandate: (a) that requires a person to wear a mask or any other face covering; (b) that confines a citizen to their domicile; (c) that requires businesses to alter their business operation including but not limited to spacing requirements, modified hours of operations, or cessation of operations; (d) requiring the administration of a vaccine; further within the City of Bakersfield: a. a person shall not compel or coerce an individual lawfully residing or employed in in or otherwise enjoy the conveniences of the City into obtaining a medical treatment involving the administration of a vaccine, whether or not approved or authorized by the United States Food and Drug Administration, contrary to the individual's vaccination preference; (e) a health care provider may not provide to an individual lawfully residing in the City a medical treatment involving the administration of a vaccine approved or authorized by the United States Food and Drug Administration unless the provider obtains the individual's informed consent before administering the vaccine; (f) an individual lacks the capacity to provide informed consent for a medical treatment involving the administration of a vaccine if the individual has been compelled or coerced into being vaccinated contrary to the individual's vaccination preference; and (g) a person may not take an adverse action or impose a penalty of any kind against an individual lawfully residing in this City for the individual's refusal or failure to obtain a medical treatment involving the administration of vaccine. 3. That the City Manager or his designee is authorized to execute any documents necessary to implement this resolution. 4. That this resolution shall be effective at the time of its adoption. ----------000---------- Resolution Declaring Any COVID-19 Related Mandates Unenforceable. - 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: COUNCIL MEMBER ARIAS, GONZALES, WEIR,SMITH, FREEMAN, GRAY, KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, CPMC, MMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By VIRGINIA GENNARO City Attorney EV/vlg S:\COUNCIL\Resos\23-24\COVID-19 Mandates Unenforcable.Reso.docx Resolution Declaring Any COVID-19 Related Mandates Unenforceable. - Page 3 of 3 Pages - ( 03 BAKERSFIELD THE SOUND OF CITY CLERK'S OFFICE MEMORANDUM October 11, 2023 TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: JULIE DRIMAKIS, CITY CLERK SUBJECT: COUNCIL MEETING OF OCTOBER 11, 2023, 5:15 PM AGENDA ITEM 7.e. This memorandum is to transmit written material received regarding Consent Calendar item 7.e. Last Name First Name Position Kuekes Thomas Opposed Perales Carlos Opposed Pittser Kymberly Support Garza Abraham Opposed Dalton Ben Support Peeler Dan Opposed Attachments JD From: Microsoft Power Apps and Power Automate To: WebMaster;City Council Subject: Ward 7; Kaur; Feedback and Questions Date: Monday,October 9,2023 5:56:12 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. "NewResponse** Ward 7 Feedback and Questions Name: Thomas Kuekes Phone Number: 661-345-9293 Email: tkuekes@gmail.com Comments or Feedback: Dear Ms. Kaur, I am writing to express my views on the question of banning Covid 19 mandates, which I understand the Council will take up this week. There are no Covid 19 mandates in effect now, because the virus has morphed into something much less deadly than the original strain. But, this virus is constantly evolving, and if a new deadly strain were to emerge, we don't want our public health professionals hands to be tied. Please vote AGAINST this measure. Thank you! If you want to unsubscribe from these emails,please use this form. From: Carlos Perales To: City Council Subject: Covid mandate. Did I hear correctly,you are wanting to pass a law that throws away protection for your constituents.You want for sick people to run around and infecting others.Our young children that rely on adults to protect them. Do you not have s... Date: Monday,October 9,2023 11:36:14 PM CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links,especially from unknown senders. Sent from my Whone From: Abraham Garza To: City Council Subject: About the COVID mandate proposal Date: Tuesday,October 10, 2023 3:09:29 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, Ken Weir is my councilman and I'd like him to know that I find his proposal to ban mask mandates embarrassing. I find Weir is more into theater than into improving our community. Please focus on bread and butter issues like keeping people housed, fed, and alive. Thank you, Abraham Garza Ward 3 From: Microsoft Power Apps and Power Automate To: WebMaster;City Council Subject: Ward 5; Freeman; Feedback and Questions Date: Tuesday,October 10, 2023 8:11:45 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. "NewResponse** Ward 5 Feedback and Questions Name: Kymberly Pittser Phone Number: 6612475443 Email: orghunt@hotmail.com Comments or Feedback: I am asking you to Vote YES, to banning all Covid related mandates. Our personal freedom should be number 1. All Governments have overreached in this matter. So please encourage all your colleagues to pass this Ban on Mandates. Those Covid shots agave harmed and killed so many people and our kids need to be protected from this garbage. If you want to unsubscribe from these emails,please use this form. From: Ben Dalton To: City Council Subject: Banning Covid Mandates Date: Wednesday,October 11,2023 8:18:43 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Ken Weir, Thank you for introducing the Resolution for banning Covid 19 mandates to the City Council. My family and friends agree with this resolution where the people should be given the choice to make an informed decision on whether to mask, take the so called vaccine, or any other related Covid 19 situation. The people of Bakersfield should make their own choice and not by the government. We support you and hope the resolution passes. Thank you for looking out for the people of Bakersfield and helping to preserve our Constitutional rights. Thank you- Ben From: Dan Peeler To: City Council Subject: COVID safety mandates Date: Wednesday,October 11,2023 10:20:22 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. A blanket rejection of future government COVID control mandates would endanger children, senior citizens, immunocompromised individuals, and those fighting chronic illnesses. Councilman Weir should be required to provide the names of the medical experts who have publicly stated that COVID-19 control mandates are of no value in controlling the spread of COVID-19. If he can do so, the council should review the credentials of those he cites before discussing Mr. Weir's resolution. (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(Wf 6*ef MEETING DATE: 10/11/2023 Consent— Resolutions f. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 9/26/2023 WARD: Ward 6 SUBJECT: Resolution determining that a replacement biosolids spreading trailer cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $129,900. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The Wastewater Division currently owns three (3) trailers for hauling and spreading biosolids. This purchase of a biosolids spreading trailer will replace a standardized unit (manufactured by ARTEX) that is more than eight years old and deteriorating. The existing unit meets the criteria for replacement by the Fleet Division. The City municipal code allows the City to dispense with bidding when it is determined that equipment must integrate into our existing system. Staff requests this trailer be replaced with a same model spreading trailer by Artex Manufacturing as this purchase completes the standardization of the City's biosolids trailers to the brand Artex. Artex Manufacturing, the manufacturer, is the sole provider of the biosolids spreading trailers. Staff recommends adoption of the resolution to dispense with bidding for the purchase of a replacement biosolids spreading trailer from Artex Manufacturing, not to exceed $129,900. Funds are budgeted in the Equipment Management Fund to complete this purchase. ATTACHMENTS: Description Type a Artex 13iosolids Trailer Integrate (Resolution, October'1'1, (Resolution 2023 RESOLUTION NO. A RESOLUTION DETERMINING THAT A BIOSOLID TRAILER CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND THEREFORE AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING FOR THE PURCHASE AN ARTEX CT3604 COMBINATION BIOSOLIDS TRAILER FROM ARTEX MANUFACTURING, NOT TO EXCEED $129,900. WHEREAS, the City has three (3) existing biosolids trailers and one is in need of replacement; and WHEREAS, Artex Manufacturing makes a trailer that is compatible with the needs of the Wastewater Treatment Plant 3 Dewatering Building and sludge spreading process for an amount not to exceed $129,900; and WHEREAS, an Artex combination biosolids trailer can only be acquired through the manufacturer, Artex Manufacturing; and WHEREAS, the Public Works Director recommends the Council find that said biosolids trailer can only be reasonably obtained from Artex Manufacturing due to the need to integrate said equipment into an existing system and has recommended that the Council authorize dispensing with bidding requirements in accordance with Section 3.20.060(D)(2) of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and incorporated herein by reference. 2. The Council hereby finds that the purchase of a replacement biosolids trailer can only be reasonably obtained from one supplier (Artex Manufacturing) due to the necessity to successfully integrate equipment into an existing city system. 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060(D)(2) of the Bakersfield Municipal Code. -------000------- -- Page 1 of 2 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: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, MMC CITY CLERK and EX Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By JOSHUA H RUDNICK Deputy City Attorney -- Page 2 of 2 Pages -- (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Resolutions g. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 9/29/2023 WARD: SUBJECT: Resolution determining that skid steer/compact track loaders can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding thereof, not to exceed $247,000. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and approval of the purchase. BACKGROUND: This purchase of two (2) track loaders will replace units that are unreliable and meet the criteria for replacement by the Fleet Division. The units will be replaced with newer and more efficient units. The City municipal code section 3.20.060(D)(6) allows the City to dispense with bidding when it is determined that the equipment is not available from local vendors and that it is in the best interests of the City, and to the City's economic advantage that such equipment be obtained at the lowest possible cost by entering into a cooperative procurement contract that was competitively bid within the last thirty-six months or is one that is still active and valid. Quinn Cat has entered into a competitive procurement contract with Sourcewell to offer discount pricing for their equipment. Staff recommends adoption of the Resolution to dispense with bidding for the purchase of two (2) track loaders 289D3/262D3 from Quinn Cat, not to exceed $247,000 for the Streets Division within the Public Works Department. Sufficient funds are budgeted in the Equipment Management Fund for this purchase. ATTACHMENTS: Description Type © Quin Cat Skid Steer.-Compact Track Il...oeders,dispense (Resolution with bidding, October 11,2023 RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF SKID STEER/COMPACT TRACK LOADERS FROM QUINN CAT AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF TWO VEHICLES, NOT TO EXCEED $247,000. WHEREAS, the City may enter into cooperative procurement contracts for supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(6); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, the City is currently paying; and WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interests; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost forthe quality needed by entering into a city, county, state orfederal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially comply with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and are incorporated herein by reference. - Page 1 of 3 Pages - 2. The Council finds that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active. 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(6) of the Bakersfield Municipal Code and to negotiate the purchase of same, not to exceed $247,000. 4. The Finance Director or his designee is authorized to purchase two Skid Steer/Compact Track Loaders through Sourcewell pursuant to the terms and conditions of Contract No. 020223-CAT with Quinn Cat and may be amended from time to time and including any options to renew that may be exercised by Sourcewell. 5. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from the vendors herein. --00000-- - 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: COUNCIL MEMBER ARIAS,GONZALES,WEIR,SMITH, FREEMAN,GRAY, KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By JOSHUA H. RUDNICK Deputy City Attorney - Page 3 of 3 Pages - (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(Wf 6*ef MEETING DATE: 10/11/2023 Consent— Resolutions h. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 9/29/2023 WARD: SUBJECT: Dispense with Bidding for the purchase of a forklift for the Solid Waste Division: 1. Resolution determining that a forklift can most efficiently be obtained through cooperative procurement bidding procedures Quinn Lift and authorizing the Finance Director to dispense with bidding thereof, not to exceed $139,400. 2. Appropriate and transfer$44,400 Refuse Enterprise Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase of four(4) units for the Solid Waste Division. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and approval of the purchase. BACKGROUND: This purchase of a forklift will replace a unit that is more than seventeen years old and meets the criteria for replacement by the Fleet Division. The existing unit will be replaced with a larger and more efficient unit. The City municipal code section 3.20.060(D)(6) allows the City to dispense with bidding when it is determined that the equipment is not available from local vendors and that it is in the best interests of the City, and to the City's economic advantage that such equipment be obtained at the lowest possible cost by entering into a cooperative procurement contract that was competitively bid within the last thirty-six months or is one that is still active and valid. Quinn Lift has entered into a competitive procurement contract with Sourcewell to offer discount pricing for their equipment. Staff recommends adoption of the Resolution to dispense with bidding for the purchase of a Harlo HP10500 Forklift from Quinn Lift, not to exceed $139,400 for the Solid Waste Division within the Public Works Department. An appropriation and transfer amount of $44,400 is necessary to complete the purchase. Funds are budgeted in the Equipment Management Fund for this purchase. ATTACHMENTS: Description Type D I Narlo F:orklift,Quinn I ift,dispense with bidding,October Resolution 11,2023 RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF A HARLO FORKLIFT FROM QUINN LIFT AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF TWO VEHICLES, NOT TO EXCEED $139,400. WHEREAS, the City may enter into cooperative procurement contracts for supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(6); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, the City is currently paying; and WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interests; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost forthe quality needed by entering into a city, county, state orfederal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially comply with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and are incorporated herein by reference. - Page 1 of 3 Pages - 2. The Council finds that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active. 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(6) of the Bakersfield Municipal Code and to negotiate the purchase of same, not to exceed $139,400. 4. The Finance Director or his designee is authorized to purchase one Harlo HP10500 Forklift through Sourcewell pursuant to the terms and conditions of Contract No. 091520-MCF with Quinn Lift and may be amended from time to time and including any options to renew that may be exercised by Sourcewell. 5. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from the vendors herein. --00000-- - 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: COUNCIL MEMBER ARIAS,GONZALES,WEIR,SMITH, FREEMAN,GRAY, KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By JOSHUA H. RUDNICK Deputy City Attorney - Page 3 of 3 Pages - (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(Wf 6*ef MEETING DATE: 10/11/2023 Consent— Resolutions i. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 9/29/2023 WARD: SUBJECT: Dispense with Bidding for the purchase of one high-top front loader compactor for the Mechanics Bank Arena: 1. Resolution determining that a high-top front loader compactor can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding thereof, not to exceed $65,000. 2. Appropriate $20,000 Equipment Management Fund Balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase of a high- top front loader for the Rabobank Arena. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and approval of the purchase. BACKGROUND: This purchase of a K-Pac 25-yard high-top front loader compactor will replace a unit that is more than twenty-five years old and meets the criteria for replacement by the Fleet Division. The unit will be replaced with newer and more efficient unit. The City municipal code section 3.20.060(D)(6) allows the City to dispense with bidding when it is determined that the equipment is not available from local vendors and that it is in the best interests of the City, and to the City's economic advantage that such equipment be obtained at the lowest possible cost by entering into a cooperative procurement contract that was competitively bid within the last thirty-six months or is one that is still active and valid. Ray Gaskin Service has entered into a competitive procurement contract with Sourcewell to offer discount pricing for their equipment. Staff recommends adoption of the Resolution to dispense with bidding for the purchase of a K-Pac 25-yard high-top front loader compactor from Ray Gaskin Service, not to exceed $65,000 for the Mechanics Bank Arena. An appropriation in the amount of $20,000 is necessary to complete the purchase. Funds are budgeted in the Equipment Management Fund for this purchase. ATTACHMENTS: Description Type K.-IFlac I flgh Top IF:ont I oader Compactor, Ray Gaski n Resolution Service,dispense with bidding, October 11,2023 RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF A K-PAC HIGH-TOP FRONT LOADER COMPACTOR FROM RAY GASKIN SERVICE AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF TWO VEHICLES, NOT TO EXCEED $65,000. WHEREAS, the City may enter into cooperative procurement contracts for supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(6); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, the City is currently paying; and WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interests; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost forthe quality needed by entering into a city, county, state orfederal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially comply with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and are incorporated herein - Page 1 of 3 Pages - by reference. 2. The Council finds that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active. 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(6) of the Bakersfield Municipal Code and to negotiate the purchase of same, not to exceed $65,000. 4. The Finance Director or his designee is authorized to purchase one K- Pac High-Top Front Loader Compactor through Sourcewell pursuant to the terms and conditions of Contract No. 091219-NWY with Ray Gaskin Service and may be amended from time to time and including any options to renew that may be exercised by Sourcewell. 5. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from the vendors herein. --00000-- - 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: COUNCIL MEMBER ARIAS,GONZALES,WEIR,SMITH, FREEMAN,GRAY, KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By JOSHUA H. RUDNICK Deputy City Attorney - Page 3 of 3 Pages - (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Resolution j. TO: Honorable Mayor and City Council FROM: Christi Tenter, Human Resources Director DAT E: 8/1/2023 WARD: SUBJECT: Amendment No. 3 to Resolution No. 098-23 setting salaries and related benefits for officers and employees of the General Supervisory and Management Units and adopting salary schedule and related benefits. STAFF RECOMMENDATION: Staff recommends adoption of the amendment. BACKGROUND: The Bakersfield Police Department is adding two (2) new positions, a Technology Development Manager — Police and a Technology Development Supervisor — Police, to oversee core technology functions related to law enforcement platforms. Management of technology has traditionally been performed as a collateral duty by a police lieutenant and police sergeant. Regular turnover of sworn personnel in this position has led to instability of the management and timely implementation of technology, directly impacting the delivery of police services. Due to the specialized nature of police technology, this position should be staffed by a designated specialized employee, not subject to frequent transfer. The complexities of police technology are rapidly evolving, and the size of the Bakersfield Police Department necessitates the formation of civilian specialized positions. Positions will be responsible for the following: • Administration of the 10+ pieces of technology equipment and computer programs attached to every sworn officer, in addition to the technology equipment utilized by most professional staff. • Research and implementation of emerging police technologies. • Increased efficiency with the distribution of technology and reduction in workload for City technologies services. • Administer the use and inventory of all police technology. • Implement police technology products and their related policies. • Supervise support staff in the administration of equipment and technology software. • Collaborate with police technology staff and City Technology Services Department. The addition of these new positions will allow current staff to be reassigned to full-time sworn duties and responsibilities. The new job specifications were presented and approved by the Police Civil Service Board at their October 4, 2023, meeting. Position funding was approved in the fiscal year 23-24 budget, no additional allocations are being requested. Approval of the Resolution amendment adds the classifications to the salary schedule and the general supervisory and management units. ATTACHMENTS: Description Type a IReso 98..23..3 IResolution RESOLUTION NO. AMENDMENT NO. 3 TO RESOLUTION NO. 098-23 SETTING SALARIES AND RELATED BENEFITS FOR OFFICERS AND EMPLOYEES OF THE GENERAL SUPERVISORY AND MANAGEMENT UNITS WHEREAS, Resolution No. 098-23 sets salaries and related benefits for employees of the General Supervisory and Management Units, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that effective immediately following Council action, the Salary Schedule, a part of the Resolution No. 098-23 is hereby amended as follows: 1. Resolution No. 098-23 is hereby amended by including and revising the salaries of the following class titles in the General Supervisory and Management Units: 89336 A Technology Development Supervisor— Police Step1 Step 2 Step 3 Step 4 Step 5 $37.798 $39.688 $41.674 $43.757 $45.944 57162 A Technology Development Manager— Police Step1 Step 2 Step 3 Step 4 Step 5 $46.457 $48.781 $51.219 $53.781 $56.469 ----------000---------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COLINCILMEMBER ARIAS, GONZALES,WEIR, SMITH, FREEMAN, GRAY, KALIR NOES: COLINCILMEMBER ABSTAIN: COLINCILMEMBER ABSENT: COLINCILMEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By VIRGINIA A. GENNARO CITY ATTORNEY of the City of Bakersfield (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent—Agreements k. TO: Honorable Mayor and City Council FROM: Christian Clegg, City Manager DAT E: 8/15/2023 WARD: SUBJECT: Agreement with MI G, Inc. (not to exceed $70,000), for consulting services and project management to establish a Public Arts Program to commission various public arts installations within the City. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In early 2022, City Council identified multiple goals and strategic focus areas, including the aim to "Enhance Quality of Life and Public Amenities" for the City of Bakersfield's residents. To actualize this priority, Council established the Public Art Program with $1,250,000 in Public Safety & Vital Services Measure (PSVS) funding which will go toward commissioning various public art installations throughout the City. These installations will work in conjunction with the City's capital improvement projects to enhance community character. As a result of the establishment of the Public Art Program, the City Manager's Office solicited a Request for Proposals (RFP)to enlist a professional public art consultant. The consultant will act on behalf of Council to commission artists and projects and provide consulting services for the Public Art Program on an as-needed basis. The RFP for Public Art Consulting Services was issued on March 8, 2023, and closed on April 5, 2023. The RFP required extensive knowledge of public art practices, examples of similar engagements with other government or private entities, and pricing that attests to the proposer's ability to provide comprehensive consulting services and project management. In total, the RFP generated four responses from the following consultants: NINE dot ARTS Wraps and Prints, Inc. Dyson & Womack MIG, Inc. Once the proposals were scored, it was determined that MIG, Inc., could best meet the demands and requirements of the City based on their proven expertise in public art, competitive pricing for services, and understanding of the Public Art Program's purpose and goals. Under this agreement, MIG, Inc., will execute a multiphase approach to soliciting artists and projects. The phases will include project refinement and review, a Request for Qualifications (RFQ)for artists, interviews, finalization of plan, and installation of projects. Unless terminated sooner, this agreement with MIG, Inc., shall terminate on August 31, 2024, with the option for a one (1) year renewal. The agreement may be renewed with approval from both parties upon a satisfactory review of MIG, Inc.'s work with the City of Bakersfield. The agreement includes the hourly rate for each project phase, staff costs, and consultant visits to the City of Bakersfield for a total lump sum amount not to exceed Seventy Thousand dollars ($70,000). ATTACHMENTS: Description Type a Agreement with l llG Inc for lFl ublicArt Consulting Agreement DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT [Over $40,000] This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and MIG INC., a corporation authorized to do business in California (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of public project art consulting and project management. 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: assist in the development of the CITY's public arts program by refining Project Scopes of Work, develop a Request for Qualifications (RFQ) for potential artists, conduct interviews, select final candidate, coordinate with the artist, and serve as the project manager, including project installation oversight ("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. 2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"): A total, lump sum payment of Seventy Thousand Dollars ($70,000.00) after the Scope of Work is completed to CITY's satisfaction. CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 1 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 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 Seventy Thousand Dollars ($70,000) for performing the Scope of Work. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on September 30, 2024. 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 INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 2 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 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 party's right to enforce such a provision at a later time and shall not serve INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 3 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 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: INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 4 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 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 orwhich 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 INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 5 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 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. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 6 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 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 INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 7 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 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: MIG INC. DANIEL IACOFANO, CEO, PRESIDENT 800 Hearst Avenue Berkeley, CA 94710 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 8 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 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 94-3116998 CONTRACTOR is a corporation? Yes x No (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD MIG INC. DocuSigned by: By: By: IVcun it (aCbrmh KAREN GOH Daniel Iacofano Mayor Print Name: Title: President and CEO APPROVED AS TO CONTENT: CITY MANAGER'S OFFICE rD,occutSiigned by: By: r CHRISTIAN CLEGG City Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney II (Additional Signatures on Following Page) INDEPENDENT CONTRACTOR's AGREEMENT-Over$40,000 Page 9 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 hh DS J� Insurance: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachment: Exhibit INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 10 of 10 C:\Users\Ngutierrez\Desktop\MIG Inc Agreement-Over 40k.Docx Updated-August 15,2022 DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 8/15/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jo Lusk AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 A/c No Ext: 510-272-1465 (A/C,No): Lafayette CA 94549 ADMDRESS: CertsDesignPro@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA: The Travelers Indemnity Company of Connecticut 25682 INSURED MIGINCO-01 INSURERB: The Travelers Indemnity Company 25658 MIG, Inc. Moore Iacofano Goltsman, Inc. INsuRERc: 800 Hearst Ave INSURER D 7 Berkeley CA 94710 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1943812216 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY A X COMMERCIAL GENERAL LIABILITY Y Y 6801H899998 8/31/2023 8/31/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGETORENTED PREMISES Ea occurrence $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 Included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECTRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y BAOS579947 8/31/2023 8/31/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION Y UB2L553909 8/31/2023 8/31/2024 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re:City of Bakersfield Public Art Consulting Services. City Bakersfield, its mayor,council,officers,agents,employees and volunteers are named as an additional insured as respects general liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bakersfield ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 1600 Truxton Avenue AUTHORI DREPRESENTATIVE Bakersfield CA 93301 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 POLICY NUMBER:690-11H80998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s)or Organ lzation(s): Arry person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in eftct when, the"bodily injury"or"property damage" occurs or the"personal injury"or"advertising injury"offense is ,committed, Location of Covered Operations: Any project to which a Written contract,with the Additional Insured Person(s)or Organization(s)in the Schedule applies. (InforMAtion required to complete this Schedule, if not shown alvve,Will be shown in the Declarations)I A. Section 11 —Who Is An Insured is amended to in- This insurancedoes not apply to "bod ily injury" or clude as an additional insured the person(s) or property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only, or "advert* ' Injury" risina out of an offense !sMg a with respect to liability for "bodily injury". "property committed, after: damage", "personal injury' or "advertising injury' 1. All work, including materials,, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your ads or omissions;or on the project. (other than service, mainte- 2. The ads or omissions of those acting on your nance or repairs) to be peribrmed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations, has been com- in the peftrmanoe of your ongoing operations for pleted; or the additional insured(s) at the to desig- nated above. 2. That portion of "your world" out of which the S. With rasped to the insurance afforded to these injury or damage arises has been put to its,in- tended use by any person or organization additional insureds, the IbItowing additional exclu- other than another contractor or subcontrac- sions apply: tor engaged in perforating operations for a principal as a part of the same project. CG D3 fit 03 05 Copyright 2005 The St. Paul Travelers Companies,Inc.All rights reserved. CG T8 03 08 23 ncludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 08/06/2023 Page I of I DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 POLICY NUMBER:680-IHSSW98 COMMERCIAL GENEML UABJLITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE D - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury" or"property damage!'included in the,products-completed operations hazard, provided that such contract was signed by you before, and is in effect when,the "bodily injury or"property damage"occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- location designated and described in the schedule of olude, as an additional insured the person(s), or or- this endorsement performed, for that additional in- gianization(s) shown in the Schedule, but only with sured and included in the "products-completed opera respect to liability for "bodily injury" or "property darn- tions hazard". age"caused, in whole or in part, by "your work" at the CG 20 37 07 04 CG T8 04 08 23 @ ISO Properties,Inc.,2004 DATE OF ISSUE: 08/06/2023 Page I of I DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 y .. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance .......... d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract ...................... 7 Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury' or"property damage" for 8• Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, agreement by you. the insured will bring suit or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured. The due date proof of notice. for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 Policy#6801H899998 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS— INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan services" during their work hours for you SECTION III — LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION — PROFESSIONAL LIABILITY services" to any one person will be deemed to be one "occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance knowledge pharmaceuticals for ll committed of the insured wlith the M. BLANKET WAIVER OF SUBROGATION — relating to the WHEN REQUIRED BY WRITTEN CONTRACT 5. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 Policy Number: BAOS579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE — INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE— INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE —GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II — COVERED AUTOS under the Who Is An Insured provision contained in Section II. LIABILITY COVERAGE: Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.S., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us us advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved ing a covered "auto" you don't own, hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (iv) We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE— INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE —GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV— BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III —PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES— INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS : The following is added to Paragraph A.4., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Compa ny.All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 Policy#: BAOS579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. DocuSign Envelope ID: D826C5E9-EBA7-4275-979A-6C41 F2139F085 TRAVELERS_ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)— POLICY NUMBER: U1321-553909 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by The Travelers Indemnity Company DATE OF ISSUE: 8/15/2023 Page 1 of 1 (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent—Agreements I. TO: Honorable Mayor and City Council FROM: Christian Clegg, City Manager DAT E: 9/12/2023 WARD: SUBJECT: Independent Contractor's Agreement with community-based organization, Community Action Partnership of Kern, (not to exceed $225,000), to provide intervention, prevention, and mentoring services with a mission to educate, motivate and rehabilitate those at the highest risk of gun violence. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In September 2020, the Board of State and Community Corrections' (BSCC) awarded the City of Bakersfield a multi-year $1,500,000 California Violence Intervention and Prevention (CALVI P) Cohort 3 Grant to implement a program to reduce violence city wide and strengthen community-police relations. In July 2022, the BSCC awarded the City a multi-year $3,114,624 CALVIP Cohort 4 Grant to implement a socioecological Model focused on using a public health approach to expand the City's gun violence reduction strategies. The City's CALVI P strategy's goal include: (1) reducing violence as measured by homicides and non-fatal injury shootings; (2) promoting opportunity and reducing recidivism for young people at highest risk o violence; and (3) strengthening community-police relations, particularly with residents at disproportionately high risk of involvement in violence. On September 21, 2022, the City entered into Agreement No. 2022-199 with Community Action Partnership of Kern to perform work in accordance with the CALVIP Program's goals and objectives. The City proposes to enter into an additional agreement with Community Action Partnership of Kern to provide immediate incident response and mediation to prevent retaliation between individuals and groups within the City, by way of outreach worker services. Under the direction of the City's Violence Intervention and Prevention program management and technical assistance team, Community Action Partnership of Kern will work in a concerted effort with City, the Bakersfield Police Department, and other partners to: 1) Participate in the City's new prevention strategy, 2) Work with the City to integrate evidence-based treatment models into prevention, case management and life coaching; and 3) Maintain the effectiveness and assess the impact of these efforts through participation in performance management processes and through a cooperative partnership with the City's youth and families at highest risk of homicide. Additionally, strengthening community-police relations, with a particular focus on trust-building initiatives aimed at young individuals who are at the highest risk of being involved in violence. As per BSCC's policies and procedures, the City's CALVI P grant award provides a comprehensive description of the CBO's and responsibilities under the terms of the grant. BUDGET/COSTS Funding for this agreement is derived solely from grant proceeds. No impact on the General Fund. ATTACHMENTS: Description Type a Agreement with CAIi1IK Agreement AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT [Over$40,000] This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and COMMUNITY ACTION PARTNERSHIP OF KERN, a Non-profit Corporation, authorized to do business in California (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, in September 2020, the Board of State and Community Corrections' (BSCC) awarded the CITY a $1,500,000 California Violence Intervention and Prevention (CALVIP) Cohort 3 Grant which expired on June 30, 2023; and WHEREAS, in July 2022, BSCC awarded the CITY a multi-year $3,114,625 CALVIP Cohort 4 Grant to implement a Socioecological Model focused on using a public health approach to expand the CITY's gun violence reduction strategies; and WHEREAS,the CITY's CaIVIP initiative consists of a proven, effective,focused deterrence strategy that has four parts: (1) the analysis of serious violent incidents and trends to identify individuals at highest risk of violence; (2) respectfully communicating to those individuals the risks associated with violence; (3) offers of supportive relationships leading to safety and opportunity; and (4) procedurally just enforcement efforts targeted to individuals that persist in violence; and WHEREAS, the CITY's CaIVIP strategy's goals include: (1) reducing violence as measured_ by homicides and non-fatal injury shootings; (2) promoting opportunity'and reducing recidivism for young people at highest risk of violence; and (3) strengthening community-police relations, particularly with the residents at disproportionately high risk of involvement in violence; and WHEREAS, the CITY developed a partnership-focused, project support/management team, to work with key community stakeholders to build a INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 1 of 17 SAViolence Interventlon\1 City OVIP\I.AgreementACAPK-Outreach Worker\CaMp CAPK Agreement-Fnal.Doa Updated-August 15,2022 comprehensive and detailed "shared understanding" of the issues, opportunities, and solutions; and WHEREAS, CONTRACTOR represents CONTRACTOR is an intervention, prevention, mentoring foundation with a mission to educate, motivate, and rehabilitate at-risk youth; and WHEREAS, on August 31, 2022, the CITY entered into Agreement No. 2022- 19E with CONTRACTOR to perform work in accordance with the CaIVIP program's goals and objectives; and WHEREAS, as a result, homicides within the CITY have reduced, hundreds of firearms have been removed from the streets and community-police relations show improvement, proving program efforts to be successful; and WHEREAS, the CITY wishes to enter into an additional agreement with CONTRACTOR for an outreach worker who will provide immediate incident response and mediation to prevent retaliation between individuals and groups within the CITY. 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 ("Scope of Work") under the direction of the CITY's CaIVIP program management and technical assistance teams: 1.1 In coordination with the CITY's Violence Intervention and Prevention program, law enforcement and community-based- organizations, the outreach worker will provide intensive case management to individuals, groups, and neighborhoods at the highest risk of gun violence; exercise sound judgement in assessing members of the community, carry out appropriate responses, and make referrals to appropriate services. The Outreach Workers' duties included but are not limited to: 1.1.1 Conduct outreach to the community to build strong relationships with high-risk individuals, residents, businesses, and community groups. 1.1.2 Establish and maintain contacts with community-based INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 2 of 17 S:\Violence Interveniton\1 City OVIP\l.Agreemenls\CAPK-Outreach Worker\CaMp CAPK Agreement-Final.Docx Updated—August 15,2022 organizations, school officials, and resources; collaborate with City and County partners to align efforts and sustain a network of intervention services and violence prevention. 1.1.3 Interact with individuals, groups, and neighborhoods at the highest risk of gun violence, as well as the individuals in their support networks; establish trust; seek answers to questions to better understand situation. 1.1.4 Assess each situation quickly and thoroughly; determine the best course of care for the individual. 1.1.5 Provide program clients with intensive case management, including daily client contact and coaching as well as support and linkages to programs and opportunities in the community (e.g.,job programs, health and wellness and social services, GED, drug treatment, and mentoring). 1.1.6 Provide program clients with intensive case management, including daily client contact and coaching as well as support and linkages to programs and opportunities in the community (e.g.,job programs, health and wellness and social services, GED, drug treatment, and mentoring). 1.1.7 Participate in weekly strategic planning, to include research of shootings to identify and diffuse "hot spots" for shootings and violence. 1.1.8 Assist in mediating situations and preventing retaliation between individuals and groups (e.g., working with the community, outreach programs and local law enforcement). 1.1.9 Attend, facilitate, and plan community events and incident responses. 1.1.10 Respond to calls to serve as a liaison between health/social services and the community; assist with crisis management; deescalate tense situations. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 3 of 17 S:\Vlolence Intervention\1 City OVIP\1.Agreements\CAPK-Outreoch Worker\CoMp CAPK Agreement-Flnal.Docx Updated-August 15,2022 1.1.11 Respond to call outs for incidents of violence at any time of day, including immediate emergency responses as directed, to diffuse retaliation, mediate, and build relationships of trust. 1.1.12 Maintain awareness of Bakersfield geography; utilize maps and traffic navigation platforms to report to call locations in a timely manner; operate communication equipment and electronic mobile devices. 1.1.13 Attend community meetings, staff meetings, and training; promote community education, community- based counseling, social support, and advocacy; participate in outreach activities. 1.1.14 Cultivate, foster, and maintain positive working relationships among crew members and with those contacted in the performance of duties, including co- workers and supervisory staff. 1.1.15 Identify youth who are involved in high-risk activities and intervene in their lives through case management to aid in solving current problems and preventing future ones. Provide clients with support and linkages to programs and opportunities in the community (e.g.,job programs, GED, drug treatment, and mentoring). 1.1.1 b Focus on the goals of the program in serving 150 individuals; school age, youth, adults and families over the grant period. 1.2 Research causes of shootings/killings to assist in mediating situations and preventing retaliation between individuals and groups (e.g., working with the community, outreach programs and local law enforcement to gain information that may be helpful in preventing additional killings). 1.3 Document all work performed, including prevention of shootings and other acts of violence, through case notes, referrals, and changes in participant's status as directed by Program Manager. Document case management efforts, update individual case files, and make all required entries into the City's case management database. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Poge 4 of 17 $:\Volence Intervention\1 City OMP\I.Agreements\CAPK-Outreach Worker\CaMp CAPK Agreement-Rnal.Docx Updated—August 15,2022 1.4 Consistently attend and participate in all training (i.e., data management system), coaching, planning/program development, professional development and capacity- building associated with the above operational components and recommendations. This includes twice-monthly CaIVIP planning and coordination meetings. 1.5 Conduct at least fifty (54) safety meetings.Safety meetings are small meetings including 1-3 members of the Ceasefire partnership - typically a police leader, a community leader and/or a "credible messenger" - and an individual at imminent risk of violence. CONTRACTOR will follow the safety meetings process outlined by the CITY. 1.6 Conduct at least five (5) call-ins focused on influencing individual behavior when they reflect the principles of procedural justice. CONTRACTOR will follow the call-ins outlined by the CITY. 1.7 Build a strong resource network within the community to utilize resources to impact client lives as it relates to the outcomes of the program. 1.8 Provide timely, comprehensive, and detailed financial reporting and documentation as required by (1) BSCC reporting requirements and (2) City of Bakersfield and policies and procedures. 1.8.1 BSCC fiscal and related expense reporting and documentation requirements as specified in the following BSCC CALVIP policies and procedures: CALVIP Fiscal Responsibilities, Invoice Workbook, Invoice Supporting Documentation guidelines, Budget Modification Scenarios, Eligible & Ineligible Project Expenditures, Grant Incentive Inventory and Log, BSCC Grant Administration Guide (attached hereto as, EXHIBIT C). 1.8.2 Fiscal and related expense reporting and documentation requirements as required by the City of Bakersfield for: (a) auditing purposes; and (b) for program management, particularly as it applies to the financial self- sufficiency program component specified above. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 5 of 17 S:\Violence tntervention\3.City OVIP\I.Agreements\CAPK-Outreach Worker\Catvip CAPK Agreement-Rnol.Docx Updated-August 15,2022 2. GOVERNING DOCUMENTS. All work performed under this Agreement is subject to the rules, requirements, proposals, objectives and guidelines set forth in the following documents,attached hereto and incorporated herein as follows: • CaIVIP Request for Proposal (EXHIBIT A) • BSCC Grant Award # BSCC 873-22 (EXHIBIT B) • BSCC Grant Administration Guide (EXHIBIT C) • Certification of Compliance (EXHIBIT D) • Contractor Certification Clause (EXHIBIT E) 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. 3. COMPENSATION/PAYMENT PROCEDURE. Compensation for all work, services or products called for under this Agreement shall not exceed Two Hundred and Twenty-Five Thousand Hundred Dollars ($225,000) and is 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. 3.1 In the event that expenditures submitted for reimbursement to CITY are determined to be ineligible expenses, per the BSCC Grant Administration Guide, CITY is not obligated to pay CONTRACTOR for reimbursement of ineligible expenses. 3.2 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. Invoices shall be accompanied with source documentation that support contract billings. Time and attendance reports must support hours charged. Travel vouchers detailing the purpose, time, and destination must support travel claims. Purchase orders, invoices, etc., must support operating expense claims. Dual compensation (i.e., payment to a party more than once for the same work) is specifically prohibited. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Poge 6 of 17 SAViolence Intervention\1 City OVIP\l.AgreementACAPK-Outreach Worker\CaMp CAPK Agreement-Final.Docx Updated-August 15,2022 5�i�a �s and��eril�tlfs, Pry ase Outreach worker (personnel and fringe) 1.0 FTE $73,046 $73,046 TOTAL Tirr�ns �alrip�otl+mr� Mileage 'Reimbursement $3,668 $3,668 TOTAL P"ro rom Casts Program Mana event $ 142,286 Outreach worker Training 2,000 Client Focused Incentives $4,000 $2jQO TOTAL 4. TERN... Unless terminated sooner, as set forth herein, this Agreement shall remain in effect through the close of the grant period on December 31, 2025, plus the three-year minimum records retention period, required by BSCC guidelines. 5. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 6.. COMP L,IANCE 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. PENALTY CLAUSE. In the event of a CONTR'ACTOR's breach of any of the provisions under this, Agreement, resulting in the BSCC to disallow reimbursement to CITY for the costs of this Agreement, CONTRACTOR shall be liable to CITY for the amount disallowed, without prejudice to any other rights provided for by law or under this Agreement, including but not limited to the right to seek specific performance, an injunction or claim, for damages. NNDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 7 of 4 7 &\Violence InterveratlDn\1 City C VlP\1,Agreerrenas\CA.PK-Ou�tie®ch Worker\C:alvip CAM Agreemcnt-Firrral,[aacx Updated-August 15,2022 8. BUDGET CONTINGENCY. In the event that the BSCC exercises its right to cancel BSCC Grant Award #BSCC 873-22 or to offer an amendment to reduce the grant award amount, per the BSCC Budget Detail and Payment Provisions in the BSCC Grant Administration Guide (attached hereto as, EXHIBIT C), CITY reserves the right to cancel this Agreement, without penalty, or offer an amendment to reduce the compensation amount proportionate to the reduction in grant award. 9. BOOKS AND RECORDS. CONTRACTOR shall maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the CONTRACTOR'S performance under this Agreement in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit, under BSCC Grant Award # BSCC 873-22, and shall be subject to examination and/ or audit by the CITY, BSCC or designees, state government auditors or designees, or by federal government auditors or designees. CONTRACTOR shall make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The CONTRACTOR shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project. 10. AUDIT REQUIREMENT. The CITY, as grantee, is required to provide BSCC with a financial audit no later than December 31, 2025. The audit will be conducted between July 1, 2025 and December 31, 2025. 11. DEBARMENT, FRAUD,THEFT OR EMBEZZLEMENT. It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the CITY is not permitted to enter into contracts or provide reimbursement to sub-contractors that have been debarred by any federal, state, or local government entities during the period of debarment; or convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction. Furthermore, the BSCC requires grant recipients and subcontractors to provide an assurance that there has been no applicable debarment, INDEPENDENT CONTRACTOR'S AGREEMENT-Over s40,000 Page 8 of 17 S:\Violence Intervention\3.City OVIP\1.Agreements\CAPK-Outreoch Worker\CcMp CAPK Agreement-Finol.Docx Updated-August 15,2022 disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract. CONTRACTOR must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (attached hereto as, EXHIBIT D). 12. PROJECT ACCESS. CONTRACTOR shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period. Access to program records will be made available by CONTRACTOR for a period of three (3) years following the end of the grant period. 13. CERTIFICATION CLAUSES.The Contractor Certification Clauses contained in the document CCC 04/2017 (attached hereto as EXHIBIT E), is hereby incorporated by reference and made a part of this Agreement. Per the BSCC Grant Administration Guide, sub-contractors must notify their employees that they are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of controlled substances. 14. 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. 15. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 16. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 17. 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. 18. KEY PERSONNEL. CONTRACTOR shall include CITY staff in the selection of key personnel. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 9 of 17 S.\Violence Intervention\3.City OVCP\I.AgreementACAPK-Outreoch Worker\CaNfp CAR Agreement-Final.Docx Updated-August 15,2022 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. CONTRACTOR shall comply with Equal Employment Opportunity per Executive Order 11246 as amended by Executive Order 11375 and supplemented at 41 CFR 60. Notwithstanding, to the extent possible, CONTRACTOR shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code § 10353, per BSCC Grant Award #BSCC 873-22, General Terms and Conditions. 19. 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. 20. 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. 21. 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. 22. 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 INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 10 of 17 5:\Vlolence Intervention\1 City OVIP\l.Agreemenls\CAPK-Outreach Worker\CaMp CAPK Agreement-Rnat.Docx Updated-August 15,2022 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. 23. 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. 24. INSURANCE. 24.1 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"). 24.1.1 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. 24.1.2 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: 24.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 24.1.2.2 Provide products and completed operations coverage; 24.1.2.3 Provide premises, operations, and mobile equipment coverage; and 24.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 11 of 17 S:Wiotence Intervention\1 Cly OVIP\t.Agreements\CAPK-Outreach Worker\Catvip CAPK Agreement-Final.Docx Updated-August 15,2022 24.1.3 Workers' com ensation 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. 24.2 General Provisions APPIVIng to All Insurance Types. 24.2.1 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. 24.2.2 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 INDEPENDENT CONTRACTOR'S AGREEMENT-Over s40,000 Page 12 of 17 SAViolence Intervention\1 City OVIP\l.Agreements\CAPK-Outreach Worker\Calvip CAPK Agreement-Flnal.Dom Updated-August 15,2022 contribute with it. 24.2.3 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-:VI1, must be declared prior to execution of this Agreement and approved by CITY in writing. 24.2.4 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. 24.2.5 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. 24.2.6 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. 24.2.7 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. 25. 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. 26. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 13 of 17 $AViolence Intervention\1 CHy OYIP\I.Agreements\CAPK-Outreach Worker\CoMp CAPK Agreement-Pinal.Docx Updated-Avgvst 15,2022 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. 27. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 28. 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. 29. 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. 30. 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. 31. 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. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 14 of 17 S:\Violence tnterventiion\l City OMP\l.Agreements\CAPK-Outreach Worker\Cah+ip CAPK Agreement-Ftnol.Docx Updated-August 15,2022 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. 33. 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. CITY and CONTRACTOR agree that in the event of any inconsistency between the Agreement and BSCC Grant Award No. BSCC 873-22, the language in the Grant Award will prevail. 34. 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. 35. 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. 36. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 37. 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. 38. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 39. 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: INDEPENDENT CONTRACTOR'S AGREEMENT-Over s4o,000 Page 15 of 17 S:\Viotence Intervention\1 City OVIP\1.Agreements\CAPK-Outreach Worker\Calvip CAPK Agreement-Rncl.Docx Updated-August 15,2022 CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: COMMUNITY PARTNERSHIP OF KERN ATTN: Jeremy Tobias 5005 Business Park North Bakersfield, CA 93309 40. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 41. 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. 42. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95-2402760 CONTRACTOR is a corporation? Yes X No (Please check one.) IN WITNESS WHEREOF, the parties hereto, have caused this Agreement to be executed as of the date first written above. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD COMMUNITY ACTION PARTNERSHIP OF KERN By: By: KAREN GOH JEREMY TOBIAS Mayor CEO (Signatures on following page) INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 16 of 17 S:\Violence Intervenflon\3.City OVIP\I.Agreements\CAPK-Outreach Worker\CaNip CAPK Agreement-Rnal.Docx Updated-Augiust 15,2022 APPROVED AS TO CONTENT: CITY MANAGER'S OFFICE By: CHRISTIAN CLEGG City Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney 11 Insurance: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachments: Attachments: Exhibit A-CalVIP Request for Proposal Exhibit B-BSCC Grant Award# BSCC 873-22 Exhibit C-BSCC Grant Administration Guide Exhibit D-Certification of Compliance Exhibit E-Contractor Certification Clause INDEPENDENT CONTRACTOR'S AGREEMENT-over$40,000 Page 17 of 17 SAViolence Intervenuon\1 City OVIP\1.Agreements\CAPK-Outreach WorkerWalvip CA PK Agreement-Final.Docx Updated-August 15.2022 (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent—Agreements m. TO: Honorable Mayor and City Council FROM: Jennifer Byers,Acting Economic and Community Development Director DAT E: 9/29/2023 WARD: SUBJECT: Agreement with Greater Bakersfield Legal Assistance, Inc. (GBLA) (not to exceed $100,000), of Community Development Block Grant funds for Fair Housing Program Services. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: As a recipient of U.S. Department of Housing and Urban Development (HUD) entitlement grant funding and other federal grant funds, the City of Bakersfield is required to comply with the Fair Housing Act of 1968, and HUD's Affirmatively Furthering Fair Housing Rule (AF F H). The Fair Housing Act and AFFH require that, at least once every five (5) years, the City identify impediments to fair housing, take actions to prevent housing discrimination, and take meaningful action to affirmatively further fair housing. The City achieves compliance with these requirements by preparing an Analysis of Impediments to Fair Housing Choice (AI) document. The Al identified a need for the City to expand its fair housing services; including, but not limited to: education, outreach, intake of complaints, tenant-landlord dispute resolution, proactive testing, and fair housing enforcement and referral. Furthermore, HUD's Office of Fair Housing and Equal Opportunity (FHEO) strongly recommends that entitlement communities ensure the quality of fair housing activities and services by partnering with Qualified Fair Housing Enforcement Organizations (QFHOs). On May 11, 2021, the Economic and Community Development Department issued a Request for Proposals to provide fair housing program services pursuant to the city's analysis of Impediments to Fair Housing Choice. Greater Bakersfield Legal Assistance, Inc. (GBLA) submitted the sole proposal on May 26, 2021. G B LA's proposal earned an average score of 90.3%from the evaluation committee and was therefore recommended for award. As part of the FY2022-23 HUD Action Plan approved by the City Council on May 4, 2022, grant funds were set aside for fair housing program services. This attached agreement outlines the terms and scope of fair housing services to be provided by GBLA. This agreement is funded in whole by Community Development Block Grant funds and will have no impact on the General Fund. ATTACHMENTS: Description Type a Agreement 22-23 Agreement a Insurance li:leck up I eteriel DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B AGREEMENT NO. GREATER BAKERSFIELD LEGAL ASSISTANCE GRANT AGREEMENT FOR FAIR HOUSING SERVICES This AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation (referred to herein as "CITY'), and GREATER BAKERSFIELD LEGAL ASSISTANCE, INC., a California non-profit, legal aid organization ("CORPORATION" herein). RECITALS WHEREAS, the Congress of the United States has enacted Title I of the Housing and Community Development Act of 1974, and amendments (the "Act"), and the Act authorizes the use of Community Development Block Grants for eligible activities; and WHEREAS, CITY has submitted required documents to the Department of Housing and Urban Development ("HUD") for receipt of a Community Development Block Grant ("Grant") pursuant to the Act; and WHEREAS, as part of the FY2023-24 HUD Action Plan, approved by the City Council on April 26, 2023, grant funds were set aside for CORPORATION; and WHEREAS, California Government Code Section 53703 authorizes cities to participate in federally-funded health, welfare, public works, and community- improvement programs, and empowers cities to contract with public and private agencies; and WHEREAS, CITY shall not be obligated to disburse, or pay to, CORPORATION or any third party, any funds until and after CITY receives Grant funds from the federal government; and WHEREAS, CORPORATION provides legal assistance to low- and moderate- income citizens in the Bakersfield area; and WHEREAS, CORPORATION has requested assistance in providing Fair Housing Services as set forth in Schedule "A"; and GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 1 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B WHEREAS, CITY desires to assist CORPORATION by making grant funding available for providing Fair Housing legal services to low- and moderate-income citizens in the Bakersfield area; and WHEREAS, HUD requires CITY to provide an annual report which identifies the level of progress and accomplishments in meeting HUD's goals; and WHEREAS, CITY requires CORPORATION to participate in reporting information on low- and moderate-income persons served to meet HUD's goals. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CORPORATION mutually agree as follows: 1. NATIONAL OBJECTIVES. CORPORATION certifies that the activities carried out with funds provided under this AGREEMENT will meet the Grant program's National Objective - principally benefit low/moderate income persons as defined in 24 CFR Part 570.208(a)(2)(A). 2. DEFINITIONS. Except as modified by the "Grant Agreement," to be entered into by CITY, CORPORATION, and HUD, any term defined in Title I of the Act, or the HUD Grant Fund Regulations at 24 CFR 570, shall have the same meaning in this Agreement. 2.1. "Program" means CITY's Community Development Program, and its administration. 2.2. "Activities" means Fair Housing Services as set forth in Schedule "A" attached hereto and incorporated by reference herein, by CORPORATION. 2.3. "Fiscal Year' means a twelve-month period between July 1 and June 30 to coincide with the CITY's budget year. 3. GRANT. It is expressly agreed and understood that the total amount granted by CITY to CORPORATION under this Agreement shall not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000.00). Such grant shall only be used to pay for services provided in Schedule "A", attached hereto and incorporated by reference herein 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 Grant funds from the federal government. If CITY does not receive such funds, CITY or CORPORATION, at its option, may terminate this Agreement without any liability to the other. GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 2 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B CORPORATION shall not be entitled to any damages from CITY and CORPORATION shall not be entitled to any remedy against CITY if CITY terminates the Agreement, 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 Schedule "A". CORPORATION shall pay for any and all costs greater than ONE HUNDRED THOUSAND DOLLARS ($100,000.00). 3.2. Scope of Grant. The scope of grant is set forth in Schedule "A". 3.2.1. That portion of the scope of grant related to the operation of the senior center grant activities shall specifically comply with the requirements set forth in 24 CFR 570, 24, Subpart J; CFR 570.60, 24 Subpart K, 24 CFR Part 84; OMB Circular A- 122; and OMB Circular A-133. 3.3. 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. 3.4. Method of Payment. CORPORATION shall properly itemize and document claims for payment to show clearly the items, tasks, or services for which CORPORATION claims reimbursement, as well as describing to which of the Activities the payment is related. CORPORATION shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may review the claim for completeness and accuracy, and may refuse to pay any claim until explained to CITY's satisfaction. 3.4.1. All amounts requested by CORPORATION shall conform to the restrictions of 24 CFR 576.21 (b) and the requirements set forth in Exhibit "A" attached hereto and incorporated by reference and entitled Invoicing and Budget Detail. 3.5. Term. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 30, 2024. 4. CORPORATION'S OBLIGATIONS. In addition to the terms stated herein, CORPORATION shall comply with the following Federal and State laws and regulations: GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 3 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 4.1. Compliance with All Laws. CORPORATION shall, at CORPORATION'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. 4.1.1. Independent Contractor. This Agreement calls for CORPORATION'S performance of the Scope of Work as an independent CORPORATION. CORPORATION is not an agent or employee of the CITY for any purpose and is not entitle 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 CORPORATION other than that of an independent CORPORATION. 4.1.2. Indemnity. CORPORATION shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees and HUD 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. 5. INSURANCE 5.1. Types and Limits of Insurance. In addition to any other insurance or security requires underthis Agreement, CORPORATION must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements") 5.1.1. 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 GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 4 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B persons, property damage and personal injury, with limits of not less than $1,000,000 per occurrence. 5.1.2. 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: 5.1.2.1. Provide contractual liability coverage for the terms of this Agreement. 5.1.2.2. Provide products and completed operations coverage. 5.1.2.3. Provide premises, operations, and mobile equipment coverage; and 5.1.2.4. Contain an additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and volunteers. 5.1.3. Workers' compensation insurance with limits not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Sections 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 the CITY the following certification begore 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, CORPORATION 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. GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 5 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 5.2. General Provisions Applying to All Insurance Types. 5.2.1. All policies required of CORPORATION must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CORPORATION 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 orwhich is intended to defeat the intent or protection of an additional insured. 5.2.2. All policies required of CORPORATION 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 CORPORATION's insurance and must not contribute with it. 5.2.3. 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. 5.2.4. 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. 5.2.5. Full compensation for all premiums which the CORPORATION 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 GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 6 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B additional premiums which may be required by extensions of the policies of insurance. 5.2.6. It is further understood and agreed by CORPORATION that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CORPORATION in connection with this Agreement. 5.2.7. 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 CORPORATION, and all subcontractors must agree in writing to be bound by the provisions of this section. 5.3. Third Party Claims. In the case of public works contracts, City will timely notify the CORPORATION of third-party claims relating to this Agreement. City shall be allowed to recover from CORPORATION, and CORPORATION shall pay on demand, all costs of notification. 6. ADMINISTRATIVE REQUIREMENTS. 6.1. Financial Management. 6.1.1. Accounting Standards. CORPORATION agrees to comply with 24 CFR Part 84 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 6.1.2. Cost Principles. CORPORATION shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations." 6.1.3. Documentation and Record Keeping. 6.1.3.1. Records to be Maintained. CORPORATION shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records include, but are not limited to: GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 7 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 6.1.3.1.1. Records providing a full description of each activity undertaken; 6.1.3.1.2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; 6.1.3.1.3. Records required to determine the eligibility of activities; 6.1.3.1.4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with Grant assistance; 6.1.3.1.5. Records documenting compliance with the fair housing and equal opportunity components of the Grant program; 6.1.3.1.6. Financial records as required by 24 CFR Part 570.502, and 24 CFR Part 84; and 6.1.3.1.7. Other records necessary to document compliance with Subpart K of 24 CFR 570. 6.1.3.2. Retention. CORPORATION shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the expiration of the Future Use Restriction Period under this Agreement. Records for non- expendable property acquired with funds under this contract shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. 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 GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 8 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B issues, or the expiration of the three-year period, whichever occurs later. 6.1.3.3. 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. CORPORATION shall also collect and maintain data regarding race, ethnicity, female head of household, and disability status of clients. 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 "B"). 6.1.3.4. Property Records. CORPORATION shall accept title to and be responsible for the maintenance and operation of the improvements made under this Agreement. 6.1.3.4.1. CORPORATION shall maintain real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Part 570.503(b)(8) as applicable. 6.1.3.5. 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. 6.1.3.6. Audits and Inspections. All CORPORATION records with respect to any matters covered by this Agreement shall be made available to CITY, GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 9 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B its designee or the Federal 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 and, as applicable, OMB Circular A-133, "Single Audit". 6.2. Reports and Payment Procedures. 6.2.1. Program Income. CORPORATION shall report annually all program income as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by CORPORATION shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, CORPORATION may use such income during the Agreement period for activities permitted under this and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to CITY at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to CITY. 6.2.2. Indirect Costs. If indirect costs are charged, CORPORATION will develop an indirect cost allocation plan for determining its appropriate share of administrative costs and shall submit such plan to CITY for approval, in a form specified by CITY. 6.2.3. Progress Reports. CORPORATION shall submit regular Progress Reports to CITY in the form, content and frequency as required by CITY. GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 10 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 6.3. Personnel and Participant Conditions, 6.3.1. Non-discrimination Requirements. Under any related agreements or contracts, CORPORATION shall provide that no person, on the grounds of race, color, national origin, religion, sex or physical handicap, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG Program funds. In addition, CDBG Program funds must be made available in accordance with the following: 6.3.1.1. The requirements of the Fair Housing Act and implementing regulations at 24 CFR 100. 6.3.1.2. Executive Order 11063 (Equal Opportunity in Housing). 6.3.1.3. Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Title VIII of the Civil Rights Act of 1968 (Public Law 90-284 nondiscrimination and fair housing on federally assisted programs). 6.3.2. Rehabilitation Act of 1973 and Americans with Disabilities Act. This Agreement is subject to the provisions of Section 503 and 504 of the Rehabilitation Act of 1973 (Public Law 9301 12), 29 USC 706, and attendant regulations at 24 CFR, Part 8, which provide that no otherwise qualified, disabled individual shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. This Agreement is also subject to the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended, 42 USC 12101 , et. seq.; and, facilities operated by CORPORATION under this Agreement shall comply with Americans with Disabilities Act Accessibility Guidelines (ADAAG) 2010, under which CORPORATION will be monitored annually by CITY or designee. 6.3.3. Non-discrimination Because of Age. This Agreement is subject to the Age Discrimination Act of 1975, as amended, (Title III of Public Law 94-135) and attendant Code of Federal Regulations at 48 CFR, Part 22, Subpart GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 11 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 22.9. That Act sets forth that, except as otherwise provided, no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 6.3.4. Equal Employment Opportunity (Non-discrimination Clause). CORPORATION shall not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, national origin, age, disability, or sexual orientation. CORPORATION shall take affirmative action to insure that applicants for employment and employees are treated during employment, without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CORPORATION shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY or HUD setting forth the provisions of this nondiscrimination clause. CORPORATION shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. 6.3.5. Women- and Minority-Owned Business Enterprises. CORPORATION agrees to abide by the requirements of Executive Orders 11625, 12432 and 12138, the HUD regulations issued pursuant thereto at 41 CFR Part 24, 41 CFR Subpart 1-1 .13, and any applicable rules and orders of HUD. The foregoing require the maximum practicable opportunity to participate, in contracts funded in whole or in part with federal funds, be provided to women- and minority-owned business enterprises, as subcontractors and suppliers to CORPORATIONs performing work, or rendering services as prime CORPORATIONs or subcontractors, under federally-funded procurement contracts. 6.3.6. Affirmative Action for the Vietnam-Era Veterans. CORPORATION shall comply with 48 CFR, Chapter 1 , Subpart 22.13 and shall take affirmative action to employ, GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 12 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based on disability or veteran's status in all employment practices such as employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 6.3.7. Small Business Concerns. This Agreement is subject to the requirements of the Small Business Act (15 USC 631 et seq.), as amended, applicable HUD regulations at 48 CFR, Part 19, and any applicable rules and orders of HUD requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small-business concerns in order to preserve free competitive enterprise; and placement with small businesses of a fair proportion of the total federally-funded purchases and contracts for property and services. 6.3.7.1. CORPORATION shall implement the specific small- business policies herein below to further the goals of the Small Business Act: 6.3.8. Equitable Opportunity. CORPORATION shall give small businesses an equitable opportunity to compete for prime contracts and subcontracts. CORPORATION shall include the applicable "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns" clause in all contracts in connection with this Activity in amounts which may exceed $10,000 except: 6.3.8.1. Contracts which are to be performed entirely outside the United States; and 6.3.8.2. Contracts for personal services. 6.3.8.3. Bidder mailing lists shall include established and potential qualified small-business concerns; 6.3.8.4. CORPORATION shall send invitations for bids, or request for proposals, to all firms on the appropriate mailing list which shall include an appropriate number of small businesses; GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 13 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 6.3.8.5. CORPORATION shall publicize proposed procurement and contract awards in accordance with these policies; 6.3.8.6. CORPORATION shall divide procurement of property and services into reasonably small lots (not less than economic production runs) to permit bidding on quantities less than the total requirements; 6.3.8.7. CORPORATION shall allow the maximum amount of time practical for preparation and submission of bid and proposals; 6.3.8.8. CORPORATION shall establish realistic delivery schedules to encourage small business participation; 6.3.8.9. CORPORATION shall furnish applicable specifications, plans, and drawings with invitations for bids and request for proposals or information as to locations where they may be obtained, or examined; 6.3.8.10. CORPORATION shall treat equal low bids in accordance with 48 CFR Subpart 14.408-1 ; 6.3.8.11. CORPORATION shall encourage subcontracting to enroll small businesses. 6.3.8.12. CORPORATION shall place small purchases (amounts under $25,000) with small businesses whenever appropriate; 6.3.8.13. CORPORATION shall refer small businesses seeking federal contracts, but lacking qualifications as contractors, to CITY and the Small Business Administration for assistance as may be appropriate; 6.3.8.14. CORPORATION shall refer offers from small business concerns otherwise qualified, to perform specific federal contracts but ineligible under Walsh-Healey Public Contract Acts, to City and GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 14 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B Small Business Administration for possible certification of eligibility to receive and perform the contract; 6.3.8.15.To the extent practicable, CORPORATION shall place work to be performed, which exceeds the maximum amount of any contract for which a surety may be guaranteed against loss, so that more than one small-business concern may perform the work; and 6.3.8.16.The Small Business Administration may certify a small business, otherwise qualified to receive and perform specific federal contracts but determined to be non-responsible, to be competent under the provisions of the Small Business Act. 6.3.9. Federal Labor Standards Provisions. CORPORATION shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provision of Contract Work Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276a- 276a5; 40 U.S.C. 327 and 40 U.S.C. 276c) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. CORPORATION shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to CITY for review upon request. 6.3.9.1. Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, CORPORATION, and all contractors engaged under contracts in excess of $2,000 for the construction, alteration, and/or repair of any building or work financed in whole or in part with Federal funds provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR parts 3, 5, and 5.5a, governing the payment of wages and the ratio of GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 15 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve CORPORATION of its obligation, if any, to require payment of higher rates. CORPORATION shall cause or require to be inserted in full, in all such contracts subject to such regulations, the clause, or any modification thereof, set out in 29 CFR parts 3, 5, and 5.5a. CORPORATION shall comply with the procedures set out in the HUD handbook 1344.1 , "Federal Labor Standards Compliance in Housing and Community Development Programs" (as amended). 6.3.9.2. CORPORATION shall make no awards of contracts under this Agreement to any contractor ineligible under any applicable regulations of the Department of Labor. 6.3.10. Use of Grant Funds for Religious Purpose. CORPORATION shall permit no CDBG funds to be expended for the design, construction, operation, or maintenance of any facility to be used for sectarian instruction or as a place for religious worship, except in situations where such use is incidental and does not favor one religious group over another, as further described at 24 CFR 576.22. 6.3.11. Prohibited Interest of Officials and Employees. No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from it. No member, officer or employee of CORPORATION, or its designees or agents, no member of CITY's Council or any other public official who exercises any functions or responsibilities with respect to the CDBG Program during their tenure, or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement and the requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR 60 . GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 16 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 6.3.12. Political Activity. CORPORATION shall expend no Grant funds to finance any political activity in contravention of the Hatch Act (Chapter 15 of Title 5 of the United States Code). 6.3.13. Lobbying. CORPORATION certifies, to the best of its knowledge and belief, no Federally-appropriated funds have been paid or will be paid, by or on behalf of CORPORATION, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 6.3.13.1. If funds, other than Federally-appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, CORPORATION shall complete and submit, in accordance with its instruction, Certification Regarding Lobbying, Exhibit "C" attached hereto. 6.3.14. Druq-Free Workplace Act of 1988. CORPORATION, in executing this, certifies that it and any of its agents or subcontractors will maintain a drug-free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F. CORPORATION shall complete and submit, in accordance with its instruction, Certification Regarding Drug Free Workplace, Exhibit "D" attached hereto. 6.4. Environmental Conditions. 6.4.1. Environmental Considerations. CITY and CORPORATION want to assure that the policies of the National Environmental Policy Act of 1969 (NEPA), as amended, GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 17 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B and the California Environmental Quality Act of 1970 (CEQA), as amended, are most effectively implemented, CITY shall comply with HUD Environmental Review Procedures (24 CFR Part 58) leading to certification of release of funds for particular projects, and 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 obtaining HUD approval or in the CEQA review procedures shall extend the estimated work completion time frame. 6.4.2. Clean Air and Water Acts. This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., Executive Order 11738, dated September 10, 1973, and the regulations of the Environmental Protection Agency at 40 CFR Part 15, as amended. 6.4.2.1. CORPORATION shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt (exceed $100,000, or involve a facility the subject of a conviction under the Clean Air Act, or the Federal Waste Pollution Control Act, and listed by the Environmental Protection Agency, or not otherwise exempt) transaction, the clause set out in 48 CFR 52.223-2. 6.4.2.2. CORPORATION shall also cause or require to be inserted in full, the certification set forth in 48 CFR 52.223-1 , in each solicitation and resulting contract and contracts it awards without a solicitation. 6.4.2.3. CORPORATION shall not use any funds under this Agreement for a facility which has a conviction under Section 1 13(c)(1 ) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 6.4.3. Relocation Assistance and Acquisition Policies. This Agreement is subject to the requirements of the Uniform GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 18 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 ), and the HUD implementing regulations. 6.4.4. Architectural Barriers Act of 1968. This Agreement is subject to the requirements of the Architectural Barriers Act of 1968, as amended (42 USC 4151 , et. seq.) and its regulations (41 CFR Subpart 101-19.6). 6.4.5. Historic Preservation. CORPORATION shall take into account the effect of the Project on any corporation, site, building, structure or object listed in or found by the Secretary of Interior, pursuant to 36 CFR 800, to be eligible for inclusion by the National Park Service. CORPORATION shall eliminate or minimize any adverse impact on a historic property. Activities affecting such properties must comply with Section 106 of the National Historic Preservation Act of 1966 (16 USC 470f), P.L. 89-665, Executive Order 11593, May 13, 1971 , the Preservation of Archaeological and Historical Data Act of 1960 (16 USC 469a-1 , et. seq.), the Archaeological and Historic Preservation Act of 1974 (P.L. 93-291 ), and their implementing regulations. 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 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. GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 19 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 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. This Agreement sets for the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in writing approved by the City Council and signed by all the parties. 9.4. Counterparts. This Agreement may be executed in anu number of counterparts, each of which shall be considered as an original and effective as such. 9.5. 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. 9.6. Exhibits. In the event of a conflict between the terms, conditions or specifications set forth on this Agreement and those in exhibits attached hereto, the terms, conditions, or specification 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. 9.7. Governinq 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. 9.8. Interpretation. Whenever the context so required, the masculine gender includes the feminine and neuter, and the singular number includes that plural. GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 20 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 9.9. 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. 9.10. 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 Ave. Bakersfield, CA 93301 CORPORATION: GREATER BAKERSFIELD LEGAL ASSISTANCE INC. Giovanna Fournier Ocampo, Interim Executive Director 530 4t" Street Bakersfield, California, 93304 9.11. 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. 9.12. 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. 9.13. 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 GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 21 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B this Agreement. CORPORATION shall not for any purpose be considered an agent, officer or employee of CITY. 9.14. 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). 9.15. Tax Numbers. "CORPORATION's" Federal Tax ID No. 77-0013149 "CORPORATION" is a corporation? Yes X No Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first-above written. "CITY" "CORPORATION" CITY OF BAKERSFIELD GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. DocuSigned by: J tjft&n.U.A bltiYtn tt V OGA*fb By: By: KAREN K. GOH GIOVANNA FOURNIER OCAMPO Mayor Interim Executive Director APPROVED AS TO CONTENT: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT DocuSigned by: By: �MIA�rr h, blUIS JENNIFER M. BYERS Acting Economic & Community Development Director Insurance: (Additional Signatures on Following Page) GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 22 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAPIVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney II COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director JHR:ag Attachments: Schedule "A" Exhibit "A" - Invoicing and Budget Detail Exhibit "B" -Activity Beneficiary Report Exhibit "C" -Certification Regarding Lobbying Exhibit "D" - Drug Free Workplace Certification GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Page 23 of 23 C:AProgramDafaAacfivePDF\TempADocConverferVAP IVInput\$682e443aaf30$269517BB7E5A4DDF8BA28FD6433CF83D.docx DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B SCHEDULE "A" Community Development Block Grant Greater Bakersfield Legal Assistance Inc. Purpose Pursuant to the Fair Housing Act of 1968 the City of Bakersfield is required to promote fair housing choice to all persons and take measures to prevent housing discrimination. Additionally, according to HUD's Office of Fair Housing and Equal Opportunity, HUD entitlement communities are strongly encouraged to partner with existing Qualified Fair Housing Organizations (QFHO) to provide adequate fair housing services. Pursuant to the City of Bakersfield's Analysis of Impediments (AI) to Fair Housing choice, the City issued a request for proposals in February 2016 to contract with a Fair Housing Provider for fair housing education, training, outreach, case management, investigation, and enforcement, in addition to making related referrals and tenant-landlord dispute resolution. Description GBLA will receive up to $100,000.00 in FY 2022-23 Community Development Block Grant (CDBG) funds to provide fair housing services pursuant to the City of Bakersfield's Analysis of Impediments. The following describes the services to be provided under this agreement, along with performance goals of each activity: Activity Annual Goal I. Fair Housing Education and Training a. Seminars: GBLA will develop seminars to housing 3 seminars providers, tenants, agencies, community groups, real estate brokers, agents, and lenders. b. Annual Conference: GBLA will coordinate an Annual annual Fair Housing Conference during fair housing conference month (in April). c. Training & Technical Assistance: GBLA will provide Upon request training and technical assistance to City staff and others, upon request, regarding fair housing issues, laws, reasonable accommodations, and current events at no cost. 1 Each seminar or conference held in Bakersfield will include an acknowledgment that the activity is supported in part by HUD and the City. SA - 1 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B II. Fair Housing Outreach a. Fair Housing Literature: In addition to current fair 2000 pieces housing brochures and flyers regarding federal and distributed state protected classes, GBLA will develop and distribute new fair housing brochures and other fair housing educational materials for tenants, housing seekers, and housing providers related to reasonable accommodations and modifications, language access, and discriminatory harassment. Literature will be available in English and Spanish. b. Media Exposure: GBLA will develop and maintain 4 Media a fair housing website and social media presence. Ads/Posts on Fair GBLA's Internet presence will include fair housing Housing information in English and Spanish, including the Information ability to contact GBLA via email to request information or assistance. In addition, GBLA will post fair housing information on brochures, on the website and various social media venues and make weekly postings on Craigslist about GBLA's fair housing services. c. Community Events: GBLA will participate in 6 events or community events in the City each year to presentations distribute fair housing information and answer residents' questions about fair housing in English and Spanish. GBLA will also conduct presentations to the City Council, City commissions, community organizations, and collaboratives in Bakersfield each year. GBLA will offer presentations of up to one hour to civic organizations and other groups at no cost. d. Analysis of Impediments: GBLA will continue to As necessary provide data and information to the City pursuant to the Analysis of Impediments (AI) to Fair Housing Choice. In consultation with the City or designated consultant(s), GBLA will collect and share non- privileged fair housing data with the City pursuant to the goals of the Al. e. Analysis of Impediments Progress Reporting: GBLA Once Annually will review impediments described by the City's Al SA -2 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B and report progress toward eliminating impediments to fair housing choice. III. Fair Housing Complaints & Investigations a. Receive & Track Housinq Discrimination Complaints: Residents and prospective residents of the City will be directed to contact GBLA by telephone, either by redirecting the City's Fair Housing hotline to GBLA or by directing inquiries to GBLA's local or toll-free telephone numbers, website, or email address. All fair housing contacts involving a current City resident or a prospective resident seeking housing within the City limits will be tracked and reported to the City. Non-privileged information, such as type of allegation, race, national origin, sex, female-headed household, income range, disability, or other information requested by the City will be elicited from each inquirer and reported to the City. b. Rental &Sales Audits: In addition to systemic testing 10 rental & 1 currently conducted under the GBLA HUD Fair sales audits Housing Initiatives Program (FHIP) grant, GBLA will conduct rental and sales audits in Bakersfield each year. GBLA will also explore the potential for conducting sales audits that do not require testers, such as REO audits, which compare the way REO properties are maintained in areas of the City with different racial or ethnic concentrations. c. Rental & Sales Complaint Investigations: GBLA will 35 complaint- review resident allegations to determine any based occurrence of housing discrimination per state and investigations federal fair housing laws. Investigations may include but are not limited to testing, witness interviews, resident or neighbor surveys, site visits, and document review. IV. Fair Housing Enforcement & Referral a. Legal Representation: GBLA will engage in three 9 clients seeking primary types fair housing enforcement: 1 ) informal informal advocacy with housing providers, 2) administrative enforcement housing discrimination complaints filed with HUD, DFEH or other agencies, and 3) litigation in federal SA -3 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B or state courts. The method of enforcement will be 5 clients seeking determined on a case-by-case basis, accounting administrative for but not limited to the following: 1 ) nature of housing discrimination, 2) likelihood and effectiveness of complaints or obtaining compliance, and 3) resources available. litigation by program b. Monitor Settlement Compliance: In instances 1 client where informal or formal enforcement activities result in settlements, GBLA will monitor housing providers to determine compliance and, in the case where a housing provider fails to comply, GBLA will take appropriate steps to respond. In cases where compliance monitoring is under the jurisdiction of the court or another agency, GBLA will track and confirm compliance with the court or agency. V. Landlord-Tenant, Housing Dispute Resolution & Referral a. Counseling, Mediation & Referral Services: GBLA As necessary will provide counseling and referral services to Bakersfield tenants and landlords based on the nature of the dispute. b. Unlawful Detainer Assistance: GBLA will provide As necessary unlawful detainer assistance to fair housing clients facing eviction. Additionally, GBLA will provide appropriate referrals, information or legal services related to unlawful detainer inquiries as appropriate. GBLA shall submit documentation of expenses to be reimbursed at time payment is requested under this Agreement. A certification that all financial obligations are met and services are being provided to the senior citizens shall be signed and submitted with each payment request. Invoicing requirements are included in Exhibit "A" of this document. Time Frame All funds granted to GBLA shall be completely expended within the term of the Agreement. SA -4 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B EXHIBIT "A" INVOICING AND BUDGET DETAIL 1. INVOICE PACKAGES. 1 .1 No disbursement under this Agreement will be made except (a) after Corporation's Executive Director and Financial Manager(s) attend a Contract Workshop conducted by CITY, and (b), upon receipt of an acceptable "Corporation Payment Request" duly executed by or on behalf of the Corporation. The Corporation must execute all Payment Request forms. A completed Corporation Payment Request form must accompany all invoice packages. All invoice packages shall be submitted to City's Economic and Community Development Department not to exceed one invoice package per month and in the minimum amount of $500.00 except for the final funding draw invoice. Each month's Payment Request shall be for a one calendar month period of time such as July, August, September, etc. Except for the first Payment Request to be processed which may include all months beginning with the new fiscal year of July 1 , 2022 and prior to the month ending for the date of the execution of the agreement. The address for submittal is: Economic & Community Development Department City of Bakersfield 1600 Truxtun Avenue, 3rd Floor Bakersfield, CA 93301 1 .2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Invoices received by City that are not consistent with the approved format will be cause for an invoice to be disputed. In the event of an invoice dispute, City will notify the Corporation by initiating an "Invoice Dispute Notification" form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Corporation. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by City. 1 .3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations. 1 .4 Corporation shall provide proof of payment to City for each invoice submitted for payment under this Grant. If the Corporation is not able to demonstrate proof of payment, City, at its discretion, may not issue a check. 1 .5 The invoice shall contain the following information: 1 .5.1 The word "INVOICE" and a sequential invoice number should appear in a prominent location at the top of the page(s); A-1 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 1 .5.2 Printed name of the service provider or contractor, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number; 1 .5.3 Printed name of the Corporation, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number; 1 .5.4 The date of the invoice along with the number of the Agreement upon which the invoice is based; 1 .5.5 All subcontractor invoices must be listed on the invoice; a copy of the subcontractor invoice should be attached to the service provider/contractors invoice; and, 1 .5.6 A brief description of the work performed, including dates of performance and the name or initials of the person performing the work; 1 .5.7 The method of computing the amount due. Invoices must be itemized based on the tasks specified in the Agreement. 1 .5.8 The total amount due; this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Corporation under the terms of this Agreement; and, 1 .5.9 The invoice shall include a calculation of CDBG-eligible programs and activities as a percentage of all programs and activities provided at the senior center. Only the CDBG-eligible share of costs is qualified for reimbursement under this agreement. 1 .6 The following items will not be allowed: 1 .6.1 Late fees, Gambling Debts, Debts of Board Members, Invoices for which no dollar amount due on payments shows on the invoice, submissions of payment requests which do not balance, donations, Bingo game expenses, and expenses related to raffles and any other game of chance. 1 .6.2 Proof of payment must be provided with invoice and Corporation payment request. Proof of payment may be a copy of an issued or cancelled check or copy of credit card payment. 1 .6.3 Identifying information about Corporation employees or volunteers other than employee or volunteer names. Information such as Social Security numbers and addresses of employees or volunteers should not be included. 1 .7 Original signature and date (in ink) of Corporation or its authorized representative on the Corporation Payment Request. 1 .8 Final invoice shall be clearly marked `FINAL INVOICE' and be submitted along with supporting documentation within the time as designated within the terms of the agreement. A-2 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 2. BUDGET CLAUSE. The amount will not exceed the amount as stated in Section 3 of the Agreement. If funding for any fiscal year is reduced or deleted by the HUD for purposes of the program, City shall have the option to either cancel this Agreement with no liability occurring to City, or offer an Agreement amendment to Corporation to reflect the reduced amount. Updated budget information shall be provided at the request of City. 3. PAYMENT OF COSTS. The Corporation agrees that it will provide for payment of its operating costs and that all costs connected with the facility will be paid by the Corporation on a timely basis. 4. AUDIT DISALLOWANCES. The Corporation agrees it shall return any audit disallowances funding to City. DocuSigned by; Read and Agreed By: .tb�aunlnA FeuVtnittr �Gaaw�b Corporation Name: Greater Bakersfield Legal Assistance Date: A-3 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B CORPORATION PAYMENT REQUEST Grant Funding: Encircle grant type CDBG / ESG Grant Agreement No. Purchase Order No. Payment No. To: City of Bakersfield Attn: Economic & Community Development Dept Address: 1600 Truxtun Ave., 3rd Floor Bakersfield, CA 93301 From: Corporation Mailing Address: Grant Agreement Award Amount: $ 100,000 Reimbursement Requested $ Program Income from ESG/CDBG $ 1 have reviewed and certify the allowable costs associated with this payment request reimbursement submittal were paid for with available funding and any match requirements have been met. In addition, I certify that all financial obl �c ;ljgps are met and services are being provided to intended clients. L�Ib�A In In A F6ltiYtn tt V ot4wrb se�aea�7... GBLA Inc. Date Giovanna Fournier Ocampo Interim Executive Director Giovanna Fournier Ocampo GBLA Inc. Giovanna Fournier Ocampo (Printed) Interim Executive Director A-4 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B CORPORATION PAYMENT REQUEST DISPUTE NOTIFICATION FORM Name of Corporation: Address of Corporation: Date Payment Request Received: Date Payment Request Declined: Reason for Decline/Dispute: —.0cuSigned by' Reviewed By: Ctbka�n,U.A. FbW'IAA' V' Ot4 wpb 4-4 Interim Executive Director Title: Dated: A-5 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B EXHIBIT "B" ACTIVITY BENEFICIARY REPORT Facility Name: Service Provider Agency: Reporting Period: Number of Persons Assisted Who Are: 1 2 3 Total Extremely Very Low Low Persons Female Limited Number Low Income Income with Head-of- English Assisted Income (50%of (80%of Disability Household Proficiency (30%of Median) Median) Median Total Number of Individuals RACE/ETH N I CTY Total Number Hispanic or Total Number Hispanic or Assisted Latino Assisted Latino (unduplicated) (duplicated) undu licated (duplicated) American White Indian or Alaskan Native AND White Black or African Asian AND American White Black or African Asian American AND White American Indian or American Alaskan Native Indian or AND Black or Alaskan Native African American Native Balance of Hawaiian or individuals Other Pacific reporting more Islander than one race Comments: B-1 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B EXHIBIT "C" CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1 ) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 , U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. �ocuSigned by; J tjft&n.U.A bltiYtn tt V �GruM�b Giovanna Fournier Ocampo, GBLA Inc. Date C-1 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 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: 1 . 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; 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 D-1 DocuSign Envelope ID:4D865537-9071-4F7A-BF64-FCE75F2DC98B 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 a 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). DocuSigned by: 3AEMQWB6394A7__ Giovanna Fournier Ocampo (Signature) GBLA Inc Dated: D-2 DATE(MM/DD/YYYY) ACCAR"® CERTIFICATE OF LIABILITY INSURANCE 4/14/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kariss Perry (BK) Heffernan Insurance Brokers PHONE FAx 1675 Chester Avenue, Suite 310 A/c No Ext: 661-489-7380 A/c No:415-778-0301 Bakersfield CA 93301 ADMDRESS: karissp@heffins.com INSURER(S)AFFORDING COVERAGE NAIC# License#:0564249 INSURERA: Sentinel Insurance Company, Limited 11000 INSURED GREABAK-01 INSURERB: State Compensation Insurance Fund 35076 Greater Bakersfield Legal Assistance Inc., 615 California Ave INSURERC: Bakersfield CA 93304 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:242919917 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YWY MM/DD/YWY A X COMMERCIAL GENERAL LIABILITY Y Y 57SBABL6151 4/5/2023 4/5/2024 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) ccurrence $1,000,000 X 2,500 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $4,000,000 X JECT OTHER: $ A AUTOMOBILE LIABILITY 57SBABL6151 4/5/2023 4/5/2024 COMBINED SINGLE LIMIT $2,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION Y 908266923 4/1/2023 4/1/2024 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re:As Per Contract or Agreement on File with Insured.City of Bakersfield, Economic&Community Development Department, its mayor,council,agents, employee or designated and volunteers are included as an additional insured on General Liability policy per the attached endorsement,if required.Waivers of Subrogation are included on General Liability and Workers Compensation policies per the attached endorsement, if required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bakersfield, Economic&Community Development ACCORDANCE WITH THE POLICY PROVISIONS. Department 1600 TruXtun Ave. AUTHORIZED REPRESENTATIVE Bakersfield, CA 93301 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent—Agreements n. TO: Honorable Mayor and City Council FROM: Christi Tenter, Human Resources Director DAT E: 9/27/2023 WARD: SUBJECT: Amendment No. 1 to Agreement No. 2020-082 with The Segal Company (not to exceed $99,000 in 2023-2024) for continued Health Care Consulting. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Since 2008 Segal has worked to establish an exceptional track record of providing sound strategic guidance and overall management of the City's healthcare benefit programs. Through the establishment of an excellent working relationship with the City's Insurance Committee, Personnel Committee and staff, Segal has been able to effectively carry out their scope of work to the betterment of the City and its employees. These duties include, but are not limited to, the following activities: • Health benefit consulting and cost management; • Health benefit renewal management; • Vendor marketing and management; • Compliance management; This is an extension of an Agreement for an additional one-year period, which will expire on June 30, 2024. The last agreement for 2020 — 2023 was proposed with no rate increases and the current agreement remains the same. ATTACHMENTS: Description Type D Amendment Agreement DocuSign Envelope ID:01 FCE328-6A02-4FA9-88FF-52558CDF5737 AGREEMENT NO. 2020-082 (1) AMENDMENT NO. [11 TO AGREEMENT NO. 2020-082 THE SEGAL COMPANY (WESTERN STATES), INC., dba SEGAL CONSULTING This AMENDMENT NO. 1 TO AGREEMENT NO. 2020-082 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY" herein), and THE SEGAL COMPANY (WESTERN STATES), INC., dba SEGAL CONSULTING, ("CONTRACTOR" herein). RECITALS WHEREAS, on June 10, 2020, CITY and CONTRACTOR entered into Agreement No. 2020-082 to provide legal counsel, training, and communication to HR and/or other CITY staff of state and/of federal laws and regulation changes impacting CITY; and WHEREAS, Agreement No. 2020-082 expressly provides for extension of this Agreement for an addition one-year period; and WHEREAS, this amendment is to extend the term of Agreement No. 2020- 082 to June 30, 2024 and to provide for an annual amount of compensation to CONTRACTOR not to exceed $99,000.00 as set forth and approved in Agreement No. 2020-082. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. 2020-082 as follows: 1. Section 12 of Agreement No. 2020-082 entitled "Term" is hereby amended to read as follows: 12. Term. The Term of this Agreement shall begin upon execution of Agreement No. 2020-082 and end on June 30, 2024. 2. Except as amended herein, all other provisions of Agreement No. 2020-21 1 , as amended shall remain in full force and effect. AMENDMENT NO. 1 TO AGREEMENT NO.2020-082 SEGAL CONSULTING -- Page 1 of 2 Pages -- DocuSign Envelope ID:01 FCE328-6A02-4FA9-88FF-52558CDF5737 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2020-082 to be executed the day and year first above written. "CITY' "CONTRACTOR" CITY OF BAKERSFIELD THE SEGAL COMPANY (WESTERN States) INC. DocuSigned by: By: By: �i r� wff'c-� n . KAREN K. GOH Richard Ward Mayor Senior Vice President APPROVED AS TO CONTENT: CHRISTIAN CLEGG City Manager rD,occuSigned by: rBy: CHRISTIAN CLEGG City Manager APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY By: VIRGINIA GENNARO City Attorney II DS Insurance: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachment: Certificate of Insurance HR/kk AMENDMENT NO. 1 TO AGREEMENT NO.2020-082 SEGAL CONSULTING -- Page 2 of 2 Pages -- (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent—Agreements o. TO: Honorable Mayor and City Council FROM: Daniel R. Maldonado,Assistant Water Resources Director DAT E: 9/29/2023 WARD: SUBJECT: Amendment No. 1 to Agreement No. 18-174 with the Bakersfield Homeless Center (BHC) ($64,500, revised not to exceed $196,850), to provide assistance with basic cleanup of sumps, canals and basins and related work. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: For the past several years, the Water Resources Department has utilized Bakersfield Homeless Center (BHC) labor under the current litter removal contract (a separate contract not included in this action) to perform specific tasks. These tasks include removal of trash, brush, and tumbleweeds along canals and in sumps; cleanup of trash sites associated with encampments; and other related activities. Since 2009, the City has utilized contracts with BHC to obtain cost effective labor resources to supplement certain components of City work. This relationship has provided BHC clients with opportunities to obtain employment and develop their job skills. The Water Resources Department has viewed the BHC labor assets in such a positive light, that they requested their own contract be established for the consistent use of BHC staff on an annual basis. On November 7, 2018, City entered into a five-year contract with BHC to perform the tasks mentioned above. This five-year agreement facilitated that request and provided for the continued use of BHC labor for the Water Department activities previously identified. At this time, given the need for continued services during this high-water year, the Water Resources Department desires to amend Agreement No. 18-174. This proposed amendment will increase the compensation by$64,500, for a revised not to exceed amount of $196,850. The costs associated with this amendment are budgeted for in the Water Resources Department budget within the River and Agriculture Enterprise Fund, so no budget adjustment is necessary. ATTACHMENTS: Description Type Amendment INo. 1 Agreement AGREEMENT NO. AMENDMENT NO. [1] TO AGREEMENT NO. 18-174 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 18-174 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and BAKERSFIELD HOMELESS CENTER, a Corporation authorized to do business in California (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, CITY entered into Agreement No. 18-174 with BAKERSFIELD HOMELESS CENTER (BHC) on November 7, 2018 wherein BHC would provide trained labor to perform services including removal of brush, trash and tumbleweeds along basins, sumps, and canals, cleanup trash sites and encampments as necessary, and provide minor landscaping assistance around City facilities; and WHEREAS, the parties desire to amend Agreement No. 18-174 to increase compensation by Sixty Four Thousand Five Hundred Dollars ($64,500) for a total not to exceed to One Hundred Ninety Six Thousand Eight Hundred Fifty Dollars ($196,850). NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 18-174 entitled "COMPENSATION/PAYMENT PROCEDURE" us hereby amended to read as follows: 2. COMPENSATION/PAYMENT PROCEDURE. 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. Compensation shall be made on a per worker basis. Compensation for all work, services or products called for under this Agreement shall be paid in accordance with the following table: AMENDMENT TO AGREEMENT S:\14-CONTRACTS-AGREEMENTS\2018 CONTRACTS\Amendment 1 to Agreement 18-174.doc -- Page 1 of 3 Pages-- Calendar Year Hourly Rate Annual Worker Not to Exceed (Jan 1 - Dec 31) Hours Amount 2019 $20.81 5,000 $104,050 2020 $22.68 5,000 $1 13,400 2021 $24.56 5,000 $122,800 2022 $26.47 5,000 $132,350 2023 $26.47 5,000 $196,850 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 withing thirty (30) days after receipt and approval by CITY to CONTRACTOR's itemized invoice. 2. Except as amended herein, all provisions of Agreement No. 18-174 shall remain in full force and effect. -- 000 — IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 18-74 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD BAKERSFIELD HOMELESS CENTER By: By: KAREN GOH Mayor Print Name: Lauren Skidmore Title: Chief Executive Officer AMENDMENT TO AGREEMENT S:\14-CONTRACTS-AGREEMENTS\2018 CONTRACTS\Amendment 1 to Agreement 18-174.doc -- Page 2 of 3 Pages-- APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: KRISTINA BUDAK Water Resources Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: MATTHEW COLLOM Deputy City Attorney I COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director AMENDMENT TO AGREEMENT S:\14-CONTRACTS-AGREEMENTS\2018 CONTRACTS\Amendment 1 to Agreement 18-174.doc -- Page 3 of 3 Pages-- (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent—Agreements p. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DAT E: 9/28/2023 WARD: Ward(s) 1, 2, 3, 6, 7 SUBJECT: Amendment No. 3 to Agreement No. 19-070 with AECOM ($287,065.56; revised not to exceed $24,578,221.22)for additional construction management services for the Centennial Corridor Mainline Project. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The Centennial Corridor Mainline Project proposes to extend State Route (SR) 58 from the current terminus as a freeway at SR 99 to Westside Parkway. At the SR 58/S R 99 interchange, the project proposes to add a collector distributor on the northbound SR 99 and construct the northbound to westbound connector. The project also includes various local road improvements through realigning them and installing cul-de-sacs along the corridor. The other local road improvements include widening and realignment of Chester Ave at SR 58, and installation of a traffic signal at the eastbound SR 58 ramps/ Brundage Lane intersection which is part of SR 58/Cottonwood interchange. Amendment No. 3 with AECOM Technical Services, Inc is for additional construction management (CM) services including construction inspection, material testing, biological monitoring, surveying, critical path model (CPM) analysis, contract administration, and project closeout. Amendment No. 2 was executed in May of 2023 to extend the CM services with an anticipation of completing the project construction by October 2023. However, the construction schedule is expected to extend out to December 2023. Amendment No. 3 will compensate AECOM for their services for the extended duration. The project is funded with 26% Federal I NFRA Grant, 24% SAFETEA-LU Federal funds, 34% State STIP funds, and 16% Local Funds. Local funds will be comprised of Utility Surcharge funds, Traffic Development funds, and Gas Tax funds. There is no General Fund Impact associated with this amendment. ATTACHMENTS: Description Type AGREEMENT NO. AMENDMENT NO. 3 TO AGREEMENT NO. 19-070 This AMENDMENT NO. 3 TO AGREEMENT NO. 19-070 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation ("CITY"), and AECOM Technical Services, Inc., a California Corporation ("MANAGER"). R E C I T A L S WHEREAS, on May 8, 2019, CITY and MANAGER entered into Agreement No. 19-070 ("AGREEMENT" herein), wherein MANAGER would provide Construction Management Services ("CM Services" herein) for the Centennial Corridor Mainline Project (Centennial Corridor) (the "PROJECT") for an amount not to exceed $18,349,852.40; and WHEREAS, on August 31 , 2022, CITY and MANAGER entered into Amendment No. 1 to this Agreement for additional CM Services for extending the project completion to June of 2023 for an additional amount not to exceed $3,729,925.20; and WHEREAS, on May 24, 2023, CITY and MANAGER entered into Amendment No. 2 to this Agreement for additional CM Services for extending the project completion to August of 2023 for an additional amount not to exceed $2,21 1,378.06; and WHEREAS, the PROJECT is now anticipated to be completed in December of 2023; and WHEREAS, MANAGER has provided to the CITY the Supplemental Scope of Work attached hereto as Exhibit B-3 and Supplemental Cost Proposal attached hereto as Exhibit C-3; and WHEREAS, CITY and MANAGER now desire to enter into Amendment No. 3 to Agreement No. 19-070, to address additional CM Services for the construction of the PROJECT and to increase compensation by an amount not to exceed $287,065.56 for a total compensation of $24,578,221 .22. MANAGER AGREEMENT Revised-February 24,2022 Page 1 of 4 Pages NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MANAGER mutually agree as follows: 1. Section 1 of AGREEMENT entitled "SCOPE OF WORK" is hereby amended to read as follows: 1. SCOPE OF WORK. MANAGER must competently and thoroughly provide construction management services as described in the RFQ/RFP (Exhibit A), and as provided in the scope of work description in Exhibits B, B-1, B-2 and B-3. Collectively, the RFQ/RFP and the scope of work description are referred to herein as "Scope of Work." MANAGER's services must include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. 2. Sections 2, 2.1 , and 2.2 of AGREEMENT entitled "ALLOWABLE COSTS AND PAYMENT PROCEDURE" is hereby amended to read as follows: 2. ALLOWABLE COSTS AND PAYMENT PROCEDURE. The method of payment for this Agreement will be based on actual cost plus a fixed fee. CITY will reimburse MANAGER for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead, and other direct costs) incurred by MANAGER in performance of the work. MANAGER will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved MANAGER'S Cost Proposal as provided in Exhibits C, C-1, C-2, and C-3, incorporated herein by reference, unless additional reimbursement is provided for by amendment of the Agreement. In no event will MANAGER be reimbursed for overhead costs at a rate that exceeds CITY's approved overhead rate set forth in the original Cost Proposal, Exhibit C. In the event that CITY determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the time to perform the obligations of this Agreement or actual costs reimbursable by CITY shall be adjusted by amendment of the Agreement to accommodate the changed work. Notwithstanding anything contrary herein, the total paid for actual costs herein may not exceed $23,493,752.39. 2.1. In addition to the allowable incurred costs, CITY will pay MANAGER a fixed fee of $1,084,468.83. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the Scope of Work and such adjustment is made by amendment of the Agreement. MANAGER AGREEMENT Revised-February 24,2022 Page 2 of 4 Pages 2.2. The total amount payable by CITY for performing the Scope of Work, inclusive of aclual co-sts and the fixed fee, shall not exceed $24,578,221.22 ("Compensation"). 3. Section 8 of AGREEMENT entitled' "CONTRACT ADMINISTRATOR"' is hereby amended to read as, follows: 8. CONTRACT ADMINISTRATOR. The Contract Administrator for CITY is: Paul Archer City of Bakersfield 1501 Truxtun Avenue Bakersfield,, California 93301 (661) 3�26-3350 MANAGER's Construction Manager is designated as: Ziad Rizk AECOM Technical Services, Inc. 50�O 11 East Commercenfer Drive, Suite 100 Bakersfield, CA 93309 (510) 325-4772 The, Contract Administrator and the Construction Manager will be the primary contaict persons for CITY and MANAGER, respectively, 4. Except as amended herein, all other provis,ions of Agreement No. 19-070, as amended, shall remain in fuill force and effect. IN 'WITNESS WHEREOF, the parties, hereto have caused this Agreement to be execulteld, the day and year first-above written, "CITY" "MANAGER" CITY OF BAKERSFIELD AE'COM Technical Services,, Inc. By: By: KAREN GOH, Mayor M TTHE LLAN Managing Engineer �Signatures on F'oflowing Page] MANAC',EIR AGRUMIENT Rev��,edFebruary 24�202'2 Page 3 o� 4 P�Ves APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: GREGG STRAKALUSE Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ASHLEY ZAMBRANO Deputy City Attorney II Insurance: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Exhibits: Exhibit B-3-Supplemental Scope of Work Exhibit C-3-Supplemental Cost Proposal G:\trip\Shared\1 -TRIP PROJECTS\04f-Mainline and Ramps\550-Construction\550B-Contract Amendments\AECOM\Amendment 3\Amendment 3 to 19-070.doc MANAGER AGREEMENT Revised-February 24,2022 Page 4 of 4 Pages EXHIBIT B-3 �com Exhibit B-3 — Supplemental Scope of Work Centennial Corridor Mainline Project (Mainline) — Construction Management Services Contract / Scope of Services through December 15, 2023 AECOM has made significant progress in delivering the Construction Management Services for the Mainline Project. The project's construction progress is approximately 95% complete. AECOM's construction management goals of expediting issue resolution, partnering, communication &coordination with the City, Designer, Caltrans, Contractor and other Agencies has continued with only minimal staff allowed due to budget constraints. Construction is anticipated to be substantially complete by December 2023. Below is a list of the progress related to AECOM's CM Services: • Review and Responding to Schedule Updates & TIA's • Coordinating, tracking and responding to RFIs (Over 290 RFI's have been processed) • Coordinating, tracking and responding to submittals (Over 140 submittals have been processed) • Continue Change Order management (Over 35 Change Orders have been fully executed, and 30 additional change orders are pending the Contractor's signature) • Continue Weekly Progress Meetings • Continue Document Control Process • Conducting QA inspection activities • Performing Material QA Testing • Performing Safety Oversight • On-Going inspection of roadway, structures, concrete barrier, overhead signs, abutment slope paving, drainage, finish grading, lighting, electrical work, signing & striping, local streets, bike path and signalization improvements and as well as implementation of storm water pollution control measures. During the execution of the Construction Management Services on the project, AECOM has managed the services within the original budget and schedule duration assumptions. However, AECOM has encountered items that have required additional effort that were not included in the original scope of work and budget assumptions. The following describes the items that have required additional effort- 1. Extended Construction Duration AECOM commenced "project set up" CM services on the project in June 2019 and "full" CM services in July 2019 based on the contractor's NTP date of July 17, 2019. During the course of the project, there has been impacts to the project schedule resulting from delays associated with other adjacent projects such as the Belle Terrace Project and BFC project. PG&E utility relocations also affected the project schedule and project sequencing. AECOM received Amendment 1 and Amendment 3-Scope of Work October 2023 �com Amendment 2 from the City which included additional budget authorization to continue CM services on the project based on the extended construction duration. The current schedule projections indicates that construction will be substantially complete December 2023. This results in a total project duration for AECOM from June 2019 through December 2023 (57 months). AECOM is requesting additional budget authorization to account the extended construction duration. 2. Increased Staffing Effort AECOM received Amendment 1 and Amendment 2 from the City to continue CM services on the project, which included staffing reductions and hourly reductions "part time" estimates based on the work tapering off as the project approaches completion. AECOM has reduced staffing consistent with Amendment 2 for close out, even though construction work continues. However, the amendment 2 budget will expire per the original date of amendment 2, but on-going construction work will require continued staffing hours to cover the work. The following describes the continued staffing effort: • Continued full time staffing effort from Resident Engineer and Structures Representative to cover project work. • Continued full time staffing effort from Construction Inspectors to cover on-going project work including final grading, paving, barrier rail, electrical, signing, stripping, drainage construction and punch list items. • Continued full time staffing effort based on Caltrans oversight expectations for full time inspection staffing covering the ongoing construction work. • Continued part time staffing effort from Office Engineer for on-going project administrative work. The following summarizes the extended construction duration, continued staffing efforts and request for additional budget: Original Proposal Schedule Estimate • AECOM's original proposal was based on an estimated project duration of March 2019 through March 2022 (total of 37 months). Actual Project Schedule and Staffing Effort Conditions • At the start of the project, AECOM Implemented a budget plan based on the actual project schedule (starting June 2019 and ending September 2022) which included 1 month project set up, 37 months construction duration and 2 months post construction (total of 40 months / 3 months more than the original estimate). • Based on actual project conditions, AECOM anticipates that the original authorized budget plus the Amendment 1 & 2 budget will be expended in October 2023. The staffing noted in this amendment request is considered by Amendment 3-Scope of Work October 2023 �com AECOM to be the minimal staff required to complete the construction items remaining only. Additional staff and time would be necessary for project close out and claims. • The current schedule projections indicate substantial completion of project construction in December 2023. AECOM anticipates a longer close out period beyond December 2023 given the amount of change orders and claims. Based on the City's request, AECOM is requesting additional budget authorization to account for the extended project duration and continued staffing effort to oversee remaining construction items performed from mid- October 2023 through mid-December 2023 only. Additional Staffing Costs • AECOM & V&A— October 16, 2023 through December 15, 2023 /Additional 2 months per the City's request. Additional Staff Costs for Increased Staffing and Extended Duration $278,065.56 Additional Subconsultant Costs • BSK Inc. - Materials Testing & Inspection - October 16, 2023 through December 15, 2023 /Additional 3 months — Continued materials testing and inspection including completion of bridge profilographs, miscellaneous concrete and compaction testing. • Diversified Project Services International (DPSI) — City has requested that no more survey work be performed. No budget added for DPSI. Additional Subconsultant Costs for Extended Construction Duration $9,000.00 Total Requested Additional Budget $287,065.56 Below is a summary of the original contract amount and previous amendments: Construction Management Agreement 19-070 $ 18,349,852.40 Total Value of Amendment 1 (Am#1) $ 3,729,925.20 Total Value of Amendment 2 (Am#2) $ 2,211,378.06 Total Value of this request-Amendment 3 (Am#3) $ 287,065.56 Total : $ 24,578,221.20 Please see the attached Exhibit C-3 for a breakdown of the additional funding request. Amendment 3-Scope of Work October 2023 EXHIBIT C-3 J F O 1- Fj O O O O O p= rn rn rn N o 0 0 0 0 0 0 a ry o 0 0 0 0 0 0 o 0 0 0 0 0 0 Ins N v N v m ro N o w v r o N O �n N N N 500 p Z m N n d p �o E o� NUNN NUNN summ Iloilo lllowlllll p N N N O� 4 N E E U G m W W F N p U W O o 3 [[ � ...N¢ �� > Jilla N x [ v / W O (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Bids q. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 9/11/2023 WARD: SUBJECT: Accept bid from Jim Burke Ford, Bakersfield, CA($59,598.30), for the purchase of two Compact Crew Cab Pickups, All-Wheel Drive for the Police Department. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the purchase. BACKGROUND: Bids were solicited for two (2) compact crew cab pickups, all-wheel drive for the Police Department. One bid in the total of $59,598.30 ($29,799.15 per unit)was received in response to the solicitation. This purchase will replace units in need of costly repairs that exceed the value of the units. The units being replaced are more than ten years old and meet the criteria for replacement by the Fleet Division. Sufficient funds are budgeted in the Equipment Management Fund for two (2)compact crew cab pickups, all-wheel drive for the Police Department. Staff find the bid submitted by Jim Burke Ford, in Bakersfield for $59,598.30 to be acceptable and recommends approval of the purchase. (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Bids r. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 9/11/2023 WARD: SUBJECT: Accept bid from Stommel, Inc., dba LEHR ($361,222.23), for Panasonic CF-33 Toughbook Laptops for the Technology Services Department. STAFF RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited for replacement Panasonic CF-33 Toughbook laptops for the Police Department. Twelve (12) bids were received in response to the solicitation. This purchase will replace 85 Panasonic CF-33 Toughbook laptops. These Toughbooks are a type of laptop computers which carried in vehicles for technology needs in daily fieldwork. The Panasonic Toughbook CF-33 is drop-tested and water and dust resistant which makes it a suitable product for Police Department field operations. The twelve (12) bids are as follows: BIDDER AMOUNT Stommel, Inc., dba LEHR, Reno, NV $361,222.23 Southern Computer Warehouse, Inc., Marietta, GA $398,905.03 Zones Inc. Auburn WA $404,079.81 I CT Resources Roseland NJ $490,771.92 -Hypertec USA Inc. Tempe,AZ $492,376.84 Questivit Inc. Santa Clara CA $500,545.77 Horizon ATM LLC Coral Springs, FL $502,726.40 Princeton IT Services Inc. Princeton NJ $505,228.68 Alpine Systems Technology, Torrance CA $512,217.50 Mei'un LLC San Diego, CA $515,095.65 Artistic Resources Corp., Burbank CA $523,615.09 Howard Technology Solutions Ellisville MS $532,448.29 Funds are budgeted in the Equipment Management Fund to complete this purchase. Staff find the bid submitted by Stommel, Inc., dba LEHR in Reno, Nevada to be acceptable. (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Bids s. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 9/19/2023 WARD: SUBJECT: Accept bid and approve contract with Brazos Urethane, Inc. (not to exceed $180,100), for Bakersfield Police Department Headquarters East Wing Roof Restoration. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and award of contract. BACKGROUND: Bids were solicited for roof restoration services for the Bakersfield Police Department (BPD) Headquarters east wing. Four bids were received in response to the solicitation. The existing roof for BPD Headquarters east wing is a composition roof that is over 23 years old and in need of restoration. Due to its current condition, interior areas, specifically the BPD Communications Center, is adversely affected during inclement weather such as rain. The BPD Communications Center houses critical telecommunications and electronic equipment for BPD. This roof restoration project supports infrastructure enhancement goals previously set by Council. Funds are budget in the Public Works Capital Outlay Fund for this project. The four(4) bids received are as follows: BIDDER AMOUNT Brazos Urethane, Inc. $180,100 Madera CA Pacific Polymers, Inc., dba American Foam Experts $189,900 Herald CA PAC Shield Roof Services, Inc. $208,289 Modesto CA Best Contracting Services, Inc. $337,029 Gardena CA Staff find the bid from Brazos Urethane, Inc in Madera, Ca, to be acceptable and recommends approval of the contract in the amount of $180,100. ATTACHMENTS: Description Type AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT [Over$40,000] This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and BRAZOS URETHANE, INC., a Corporation authorized to do business in California (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of roof restoration. 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: Roof Restoration for the Bakersfield Police Department Headquarters East Wing in accordance with bid specifications No. 23-24-22 attached hereto and incorporated herein ("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. 2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"): A total, lump sum payment of ONE HUNDRED EIGHTY THOUSAND ONE HUNDRED DOLLARS ($180,100) after the Scope of Work is completed to CITY's satisfaction. 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 $180,100 for performing the Scope of Work. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 1 of 10 S:\Purchasing\PURCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate within one year. 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. S. 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 way 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 like the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 2 of 10 S:\Purchasing\PURCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 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 always obtain 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 later 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 INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 3 of 10 S:\Purchasing\PORCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 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 INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 4 of 10 S:\Purchasing\PURCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 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 Aaalvina 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 INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 5 of 10 S:\Purchasing\PORCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 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 INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page b of 10 5:\Purchasing\PORCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 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. Everyone 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 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 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. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 7 of 10 S:\Purchasing\PURCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 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: BRAZOS URETHANE, INC. 28770 AVE 14 1/2 Madera, CA 93638 Phone: 559-674-1111 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. INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 8 of 10 S:\Purchasing\PURCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 74-2466058 CONTRACTOR is a corporation? Yes X No (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD BRAZOS URETHANE, INC. By: By: KAREN GOH �A� Mayor Print Name: YV A 'v I f TitleKejika:�_ APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: GREGG STRAKALUSE Public Works Director INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 9 of 10 S:\Purchasing\PORCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachment: Bid Specifications No. 23-24-22 INDEPENDENT CONTRACTOR'S AGREEMENT-Over$40,000 Page 10 of 10 S:\Purchasing\PURCH\Olimpia-Main\Agreementts 23-24\BPD HQ Roof Restoration,October 11,2023 (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(Wf 6*ef MEETING DATE: 10/11/2023 Consent— Bids t. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DAT E: 9/26/2023 WARD: Ward(s)4, 5 SUBJECT: Yellow Flashing Beacons: Mountain Vista Drive (near Earl Warren Junior High School)and Old Farm Road (near Veterans Elementary School) 1. Accept bid and approve contract with Loop Electric, Inc. ($279,406). 2. Authorize staff to approve, as necessary, up to $30,000 in City- controlled contingency for unforeseen conditions encountered during construction for said project. STAFF RECOMMENDATION: Staff recommends acceptance of low bid, approval of contract, and approval of City-controlled contingency funds. BACKGROUND: In accordance with the City's commitment to increase roadway safety for all users, the City applied for a grant to install yellow flashing beacons near schools through the Highway Safety Improvement Program (HS I P). HS I Pisa core Federal-aid program with the purpose to achieve significant reduction in traffic fatalities and serious injuries on all public roads. Installing yellow flashing beacons at school crossings will increase driver awareness of potential pedestrian crossing. Item No.1 The Engineer's Estimate for this project is $219,273. On September 21, 2023, a total of two bids were received; all of these bids are acceptable. The acceptable bids are as follows: Loop Electric, Inc. in the amount of $279,406 7040 Downing Ave. Bakersfield, CA 93308 A-C Electric Company in the amount of $301,567.55 2921 Hanger Way Bakersfield, CA 93308 There is no General Fund impact associated with this project. Funds are available for this project within projects T4K320 and T41<324. Item No. 2 Staff is requesting the approval of $30,000 for City-controlled contingency for unforeseen conditions encountered during construction of this project. Any exceedance of the City Council approved contingency, cumulative, or otherwise, would require the action and approval from the City Council. This City-controlled contingency also saves staff time by not having to prepare multiple Council reports for individual routine change orders throughout the project. All remaining contingency funds not used will be returned to the project balance at the end of the project. Due to ongoing material shortages, particularly for steel and electrical equipment, the project is anticipated to be completed in Spring of 2024. ATTACHMENTS: Description Type a Contractor Signed Agreement Agreement 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 (referred to herein as "CITY"), and LOOP ELECTRIC INC., a Corporation authorized to do business in California (referred to herein as "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 Yellow Flashing Beacons: Mountain it Drive (Near Earl Warren Junior High School); Old Farm Road (Near Veterans Elementary School) ("Project"), as set forth herein, part or all of which is paid for with federal funds. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: I SCOPE OF WORK. 111. 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 on ➢ Performance Bond ➢ Material and Labor on ➢ Letters of transmittal, if any ➢ All provisions required by law to be inserted in this Agreement G,\GROUPDAT\AGREEMENTS\Loop Bectdc\Yellow FIshng Beacons T2021,Min Vista DACons1ruction Projects Agr.dGcx Page 1 of 13 whether actually inserted or not > Current State of California DAS 140 Form (if required by Specifications) > Drawings, if any > Public Contract Code § 22300 (Escrow Accounts) > Current State of California DI R - PWC 100 Form > Required Federal-Aid Contract Language (Exhibit 12-G) (if Project Federally Funded) > Required Contract Provisions Federal-Aid Contracts (Form FHWAI 273, Exhibit 12-G) (if Project Federally Funded) > Subcontracting Request Form (Exhibit 16-B, 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-1 273 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. COMPENSATIONIPAYMENT PROCEDURE. 2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of or as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project, in an amount not to exceed Two Hundred Seventy-Nine Thousand, Four Hundred Six Dollars and Zero Cents ($279,406.00) ("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 failing under Title 49 Code of Federal Regulations (CFR) G1\GR0UP1DAr\AGREEMENTS\Loap ElecMcVeHow Fllshng Beacons-12021-MIn Vis#a Dr\Cons1rucfion Projects Agr.docx Page 2 oaf Q 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. 2.3. Prompt Progress_Payment to Subcontractor. A prime contractor or subcontractor shall pay any subcontractor not later than (7) days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The (7) days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good use and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. The Contractor and Subcontractors on federally funded projects shall incorporate the (7) day prompt progress payments clause in all of their agreements, contracts, subcontracts, and sub-agreements. 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 ismade. Failure to comply may result in termination of this Agreement. (if Project Federally Funded) 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 for requested by CITY. CON TRACT OR'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 in work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. GAGROUPDAT\AGREEMENTMoop laectdc\Yeflow Flshng Beacons-T21(321-Min Vista Dr\Construction Projects Agr.docx Page 3 of 13 5. TERMINATION. 5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If not rmin i n 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 materiial breach oft 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, its 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 aII 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 ofthis 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 oftermination, 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. G�\GROUPDAT\AGREEMENTMoop Electdc\Yellow Ashng Beacons-T2K321-Mtn Vista Dr\Consiruction Projects AgOom Page 4 of 13 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 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. EggLtMENT. 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 or . 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 CONTR ACT OR's profession in California. 12. SB 854 COMPLIANCE. To the extent Labor Code Section 1771 .1 applies to GAGROUPDAT\AGREEMENTMoop Elecldc\Yellow Fishng Beacons-T2K321-Mtn Vista Dr\Consirucilon Projects Agr.docx Page 5 of 13 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. 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 11abillilly 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; G�\GROUPDAT\AGREEMENTS\Loop Eleclk\Yellow Fishng Beacons T2K321 ,Mtn Vista DrWonsiruclion Projects Agr.docx Page 6 of 13 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' comDensation 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. 14.2. General Provisions Ap )Iving 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 GAGR0UPDAT\AGREEMEN7S\Loop Electdc\Yellow Fishng Beacons-T21(321 ,Min Vista Dr\Construction Projects Agr.docx Page 7 of 13 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-:Vll. 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-: II, 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 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 ofthis section. 14.3. 5ecurity. CONTRACTOR shall provide performance and labor and material security in amounts and in a for suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR GAGROUPDAT\AGREEMENTMoop Electiic\Yellow Fishng Beacons,T2K321 -Mtn Vista Dr\Construction Projects Agr docx Page 8 of 13 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 CONTR ACT OR'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. 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 CONTR ACT OR's performance of the Scope of Work amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY use 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, G,,\GROUPDAT\AGREEMENTS\LoopEleciric\YellowFishngBeocons-T2K321 Mtn Vista Dr\Construclion Projects Agr.docx Page 9o[ 13 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 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 G!\GR0UP1DAF\AGREEMENTS\Loop 6eddcVollow FIshng Beacons 72K321-Mlin Msla Dr\Construction Projects Agr.docx Page 10 of 13 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. 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: IT CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: LOOP ELECTRIC INC. Andy Kitsch 7040 Downing Avenue Bakersfield, California 93308 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, as, 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. G\GR0UPDAT\AGREEMENTS\toop Electdc\Yellow Fishng Beacons--T2021,Mtn Vista Dr\Construclion Projects Agr,docx Page 1 I of 13 License Number 496032 Expiration Date 02/29/24 License Classification C-10 - Electrical C31 -- Construction Zone Traffic Control A- General Engineering 36. TAX NUMBERS. CONTRACTOR's Federal Tax 1D Number 32-0167263 CONTRACTOR is a corporation? Yes X No (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to b executed, as of the Effective Date. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD LOOP ELECTRIC INC. By: By: KAREN GOH Mayor PRINT NAME: p Title: [Signatures on Fallowing Page] G:\GRQUPDAT\AGREEMENTS\Loop Electric\Yellow Rshng Beacons-T2021-Mtn Vista Dr\Construction Projects Agr, ocx Page 12 of 1 APPROVED AST CONTENT: PUBLIC WORKS DEPARTMENT By: GREGG STRAKALUSE Public Works Director APPROVED AST FORM: VIRGINIA GENNARO City Attorney By: ASHLEY ZAMBRANO Deputy District Attorney 11 Insurance: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director GNGR0UPDA'r\AGREEMENTS\Loop Sectdc\'Vellow%hng Beacons-T2021 -MIn Vista Dr\Conslruchon Nojeds Agr,doex Page 13 of 13 (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF GiWe(GWf 6*er MEETING DATE: 10/11/2023 Consent— Successor Agency Business u. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 9/29/2023 WARD: SUBJECT: Receive and file SuccessorAgency payments from September 15, 2023, to September 28, 2023, in the amount of$825.00. 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 Successor Agency. A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #764902 to US BANK TRUST NA for $825.00 for HUD Section 108 Program Administration Fees. ATTACHMENTS: Description Type D SA.-Ad mein 10.11.2023 li:leck up IMeteriel 9/29/2023 AP - CHECK REGISTER - SUCCESSOR AGENCY PAGE 1 FROM 09/15/2023 - 09/28/2023 Check Vendor Number Number Vendor Name Check Date Check Total 76 902 13216 U S BANK TRUST NA Sep 21, 2023 $325.00 1 $825.00 Number Number Vendor Name E-Payable Date Amount 0.00 0 $0.00 Disbursement Total 1 $825.00 S:\Accounting\LACEY\ADMIN-COUNCIL\2023\COUNCIL-SA\10-11-23\ (03 BAKERSFIELD ADMINISTRATIVE REPORT THE SOUND OF Gievle(G(inc��e4(ev MEETING DATE: 10/11/2023 Public SafetyNital Services Measure v. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DAT E: 5/8/2023 WARD: Ward(s)3, 4 SUBJECT: Reject all bids for the Westside Parkway Landscaping Phase One Project and reappropriate funds to the Friant-Kern Multi Use Path Project. STAFF RECOMMENDATION: Staff recommends rejecting all bids and reappropriating funds. BACKGROUND: The Westside Parkway Landscaping Project (Phase 1) (Centennial Corridor) consists of the installation of drought tolerant plants, irrigation systems, and hardscape features along the Westside Parkway (SR 58) from the Coffee Road Interchange to Truxtun Avenue with an additive package that begins 0.25 miles west of Coffee Road and ends at the Coffee Road I nterchange. On May 11, 2023, the City received one acceptable bid for this project. The Engineer's Estimate for this project was $2,779,266.56. The bid was significantly higher than the budgeted amount. The bid was as follows: Griffith Company 3050 E. Birch Street!, I!in the amount of '$3,675,331.80' Brea, CA92821 Staff recommends that all bids be rejected. The Westside Parkway Landscaping project will be deferred and presented for consideration in the upcoming 5 year C I P Budget review. Staff also recommends re-appropriating funds from the project to the Friant-Kern Multi Use Path Project (P1 K304) to facilitate construction. The Friant-Kern Multi Use Path includes approximately 6 miles of new asphalt concrete multi use trail from 7th Standard Road to the Kern River Parkway, a pedestrian bridge over the Kern River and an equestrian bridge over the Friant- Kern Canal. I n 2019 construction costs were estimated to be $8.2 million. The project was awarded $4,306,000 in ATP funds, $3,447,358 in CMAQ funds, with the City to cover the remaining $446,642. Bids were opened on June 29, 2023 with the lowest acceptable bid coming in at $15,752,847.75 from C. A. Rasmussen, Inc. Friant-Kern strongly aligns with City Council goals of providing reliable and resilient infrastructure, safe alternative means of transportation, and increased quality of life for not only the surrounding community, but the City of Bakersfield. Re-appropriating these funds will continue to alleviate the current budget shortfall while Staff continues to look into additional funding sources.