BAKERSFIELD CITY COUNCIL
AGENDA
REGULAR MEETING
February 26, 2025, 5:15 p.m.
Council Chambers, City Hall, 1501 Truxtun Avenue
1. ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. PRESENTATIONS
5. PUBLIC STATEMENTS
5.a Non-Agenda Item Public Statements
5.b Agenda Item Public Statements
6. APPOINTMENTS
6.a One appointment (at large) to the Miscellaneous Civil Service Board to a term to expire December 31, 2026
due to the resignation of Ronald Wolfe.
Staff recommends Council determination.
6.b Eight appointments to the Keep Bakersfield Beautiful Committee
1. Ward 2 – Regular and alternate members, terms expired December 2024
2. Ward 3 - Regular member, resigned September 16, 2024
3. Ward 5 - Regular and alternate members term expired December 2024
4. Ward 6 - Regular and alternate members, terms expired December 2024
5. Mayor's appointment - Alternate member, term expired January 2025 Staff recommends Council determination.
7. CONSENT CALENDAR
7.a Minutes
7.a.1 Approval of minutes of the March 1, 2023, September 5, 2024, and February 6, 2025, Special City Council Meetings and February 12, 2025, Regular City Council Meetings.
Staff recommends approval of the minutes.
7.b Department Payments and Agreements
7.b.1 Receive and file department payments from January 31, 2025 to February 13, 2025 totaling $16,818,282.36
as follows: department payments in the amount of $16,405,364.83, and Self Insurance payments in the amount of $412,917.53.
Staff recommends receiving and filing the report.
7.b.2 Receive and file department agreements over $40,000 and under $100,000 executed between January 31, 2025
and February 13, 2025.
Staff recommends receiving and filing the report.
7.c Ordinances
7.d Resolutions
7.d.1 Resolution Establishing the Proposition 47 Local Advisory Committee.
Staff recommends adoption of the resolution.
7.d.2 Property Abatement Resolution for February 2025
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.
Staff recommends adoption of the resolution.
7.d.3 Annexation 722 Ashe No. 13
Resolution approving an application to the Kern County Local Agency Formation Commission to annex territory into the City located along the east side of Ashe Road, generally between Romero Road and Engle Road. Use of a Notice of Exemption will also be considered. (Ward 7) Staff recommends adoption of the resolution.
7.d.4 Cybersecurity products and services with Tec-Refresh Resolution authorizing the Finance Director to dispense with bidding for purchase of Tec-Refresh products and services.
1. Agreement with Tec-Refresh for purchase of cybersecurity products and services not to exceed $704,248.41.
2. Staff recommends adoption of the resolution and approval of the agreement.
7.d.5 Dispense with bidding for the purchase of a forklift for the Solid Waste Division
Resolution determining that a forklift can most efficiently be obtained through cooperative procurement bidding procedures from Hyster-Yale Group Material Handling Equipment and Solutions and authorizing the Finance Director to dispense with bidding thereof, not to exceed $108,179 for the Solid Waste Division.
1.
Appropriate and transfer $92,135 Refuse Enterprise Fund balance to the Public Works Operating Budget within the Equipment Management Fund.
2. Appropriate $16,044 Equipment Management Fund balance to the Public Works Operating Budget within the Equipment Management Fund.
3. Staff recommends adoption of the resolution and approval of the appropriation and purchase.
7.d.6 Resolution to add Area 4-299
(2105 Eye Street) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director’s Report Street Tier = 1; Park Tier = 0 (Ward 2)
Staff recommends adoption of the resolution.
7.d.7 Resolution of Intention No. 2225
to add Area 4-301 (1405 E. 9th Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director’s Report Street Tier = 1.5; Park Tier = 1.5 (Ward 2) Staff recommends adoption of the resolution of intention.
7.d.8 Job Specification Updates and Salary Resolution 2.26.25 Amendment No. 17 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.
1. Amendment No. 9 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.
2. Revised Job Specification: Fire Chief #89400 and Assistant Director of Recreation and Parks #88900.
3. Staff recommends adoption of the Resolutions and revised job specifications.
7.e Agreements
7.e.1 Agreements for Intensive Case Management Services Agreement with Psychiatric Wellness Center (not-to-exceed $858,750)
1. 2. Agreement with Garden Pathways Inc. (not to exceed $831,300) Staff recommends approval of the agreements.
7.e.2 Agreement with GEOCONVERGENCE, LLC
(not to exceed $200,000), for Geographic Information System Services to map city offices and create 3D floorplans for wayfinding, space planning and potentially mobile asset tracking.
Staff recommends approval of the agreement.
7.e.3 Consideration to Execute the Purchase and Sale Agreement with Dilip O. Desai, Trustee of the Asha Desai Irrevocable Trust, (not to exceed $10,500,000, contingent on award of grant) for real property located at 3210 Wible Road. (Ward 1)
Staff recommends Council approve the agreement
7.e.4 Agreement with Encanto Gardens IV LLC for the development, dedication, and reimbursement of Encanto Gardens Park
located along Allen Road, East of Alisa Lange (Ward 5)
Staff recommends approval of the agreement.
7.e.5 Agreement with EVALCORP, Inc. (not to exceed $100,500) for Independent Evaluation Services
for the Bakersfield Homeless Services and Prevention Initiative Staff recommend approval of the agreement.
7.e.6 Transportation Impact Fee Credit Agreement with Buena Vista 6577 LLC (not to exceed $130,330.33), for construction of additional lane on west half of Buena Vista Road along the frontage of Tract 6577 Phase 4 and 6 (Ward 5)
Staff recommends approval of the agreement.
7.e.7 Final Map, Improvement Agreement, and Landscape Agreement with Deertrail VAG 1 LLC for Tract 6859 Phase 2
Developer is requesting to enter into agreements in order for the final map for Tract 6859 Phase 2 located South of McKee Rd. and West of Gosford Rd. be approved and recorded. (Ward 5)
Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement.
7.e.8 Final Map and Improvement Agreement with Deertrail Abbey Court 1, LLC Tract 7152 Phase 2
Developer is requesting to enter into an improvement agreement in order for the final map for Tract 7152 Phase 2 located northeast corner of South Fairfax Road and (Future) East Wilson Road to be approved and recorded. (Ward 1)
Staff recommends approval of the Final Map, and Improvement Agreement.
7.e.9 Amendment No. 2 to Agreement No. 2022-263
with Tyack’s Tire Inc. (increase compensation $70,000; revised not to exceed $230,000), to continue repair and replacement services.
Staff recommends approval of the amendment.
7.e.10 Amendment No. 2 to Agreement No. 2021-065 with Nishikawa Property Maintenance Inc.
($89,913.60; not to exceed $432,529.60 and extend term for one year), for continued sports field maintenance for Bakersfield Sports Village maintenance. (Ward 7)
Staff recommends approval of the amendment.
7.e.11 Amendment No. 2 to Agreement No. 2021-066 with Nishikawa Property Maintenance Inc.
(increase compensation $125,862; revised not to exceed $654,922 and extend term by one year), for continued sports field maintenance at the Mesa Marin Sports Complex. (Ward 3)
Staff recommends approval of the amendment.
7.e.12 Contract Change Order No. 29 to Agreement No. 18-176 (BFC Project).docx
with Security Paving Company (increases compensation by $50,765.10; revised not to exceed $51,898,387.03), for the Bakersfield Freeway Connector Project. (Wards 1 & 2)
Staff recommends approval of the change order.
7.e.13 Contract Change Order No. 136 to Agreement No. 19-069 (Mainline Project) with Security Paving Company (decreasing compensation by $4,348.70; revised not to exceed $151,903,840.08) for the Centennial Corridor Mainline Project. (Wards 1, 2, & 3)
Staff recommends approval of the change order.
7.f Bids
7.f.1 Reject bids for Street Corridor Improvements along Chester Avenue from Brundage Lane to Truxtun Avenue.
(Ward 2)
Staff recommends the rejection of the bids.
7.g Miscellaneous
7.g.1 Review and Approval of the 2025 State Legislative Advocacy Platform.
Staff recommends Council approval of the 2025 State Legislative Advocacy Platform.
7.g.2 Review and Approval of the 2025 Federal Legislative Advocacy Platform.
Staff recommends Council approval of the 2025 Federal Legislative Advocacy Program.
7.h Successor Agency Business
7.i Public Safety/Vital Services Measure
7.i.1 Construction Project Agreement for Park Ranger Office Tenant Improvements
Accept Bid and approve Construction Projects Agreement with James E. Thompson, Inc. dba JTS Construction for the Park Ranger Office Tenant Improvement Project (not to exceed $842,500).
1. Authorize staff to approve, as necessary, up to $84,500 in CityControlled contingency for unforeseen conditions encountered during construction.
2. Staff recommends acceptance of bid and approval of agreement.
7.i.2 Transfer ($8,000,000) of Public Safety and Vital Services Affordable Housing Funds
from the Public Safety and Vital Services Economic and Community Development Capital Improvement Budget to the Affordable Housing Trust Fund.
Staff recommends approval of transfer.
8. CONSENT CALENDAR PUBLIC HEARINGS
9. HEARINGS
9.a Appeal Hearing to consider Traffic Impact Fees Imposed on Planet Fitness, located at 11425 Stockdale Hwy
at “The Village @ River Oaks” (Ward 5)
Staff recommends City Council deny the appeal and uphold the Traffic Impact Fee imposed on Appellant.
10. REPORTS
Public comments on each Report item will be received after Staff's presentation.
11. DEFERRED BUSINESS
Public comments on each Deferred Business item will be received after Staff’s presentation.
11.a Continued Discussion Regarding Amendment No. 3 to Agreement 2020-255 for the Hope to Home Down Payment Assistance Program
Amendment No. 3 to Agreement No. 2020-255 with Ventura County Community Development Corporation (VCCDC), (increase maximum purchase price to limits provided by HUD; increase grant funding to $770,000; and extend term to March 1, 2027), for continued operation of the Hope to Home Down Payment Assistance Program.
Staff recommends approval of the amendment.
12. NEW BUSINESS
Public comments on each New Business item will be received after Staff's presentation.
13. COUNCIL AND MAYOR STATEMENTS
14. CLOSED SESSION
15. ADJOURNMENT
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Appointments TO: Honorable Mayor and City Council
FROM: Julie Drimakis, City Clerk
DATE: February 20, 2025
SUBJECT: One appointment (at large) to the Miscellaneous Civil Service Board to a term to expire December, 31, 2026
due to the resignation of Ronald Wolfe
RECOMMENDATION:
Staff recommends Council determination
BACKGROUND:
There is one vacancy on the Miscellaneous Civil Service Board, due to the resignation of Ronald Wolfe on December 16, 2024. This appointment is to complete an unexpired term set to expire on December 31, 2026.
The Board is an advisory body to the City Council. It is composed of five Board members appointed by the City Council. Board members must be Bakersfield residents throughout their term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion, and discipline of employees affected by Civil Service. Meetings are held the third Tuesday of each month at 3:00 p.m. in City Hall North (1600 Truxtun Avenue).
FISCAL IMPACT:
This action will not result in an impact to the City General Fund.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Application for Frankie Sutton
2. Application for Ronald Wolfe
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Appointments TO: Honorable Mayor and City Council
FROM: Julie Drimakis, City Clerk
DATE: February 20, 2025
SUBJECT: Eight appointments to the Keep Bakersfield Beautiful Committee as follows:
1. Ward 2 – Regular and alternate members, terms expired December 2024
2. Ward 3 - Regular member, resigned September 16, 2024
3. Ward 5 - Regular and alternate members term expired December 2024
4. Ward 6 - Regular and alternate members, terms expired December 2024,
5. Mayor's appointment - Alternate member, term expired January 2025 RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are currently eight vacancies on the Keep Bakersfield Beautiful Committee (KBBC). The current vacancies are due to term expirations of Zechariah Garica (Ward 2) regular member, Sarah Huston (Ward 2) alternate member, Matthew Martin (Ward 5) regular member, Yahya Kazi (Ward 5) alternate member, Sue England (Ward 6) regular member in December 2024; resignations of Ray Scott (Ward 3) regular member on September 16, 2024, Tai Quan ( Ward 6) alternative member; and the appointment of Heather Panella (Mayor’s appointment) from alternate member to regular member in December 2024.
The positions run concurrent with the nominating Councilmembers’ term expirations.
Nominations are approved by a majority vote of the entire Council. Member must be City residents throughout their term. Terms for these committee positions run concurrent with the term of the nominating Councilmember; however, it is not necessary for the Mayor/Councilmember to nominate a resident from his or her Ward. Applications for appointment to the regular and/or alternate positions have been received from the following residents:
- Sarah Huston – Incumbent (Ward 2) alternate member
- Selena Pena
- Matthew Martin – Incumbent (Ward 5) regular member
- Vicheka Ek
- Frankie Sutton
- Jamie Little
KBBC was formed on June 28, 2000. The Committee is comprised of eight Mayor/Council-appointed members who take on the responsibility of decision making for the beautification program. On July 30, 2009, the City Council adopted Ordinance 4520 which allows each Councilmember and the Mayor to appoint one alternate member to the KBBC. Each alternate is allowed to vote with their corresponding appointed regular committee member.
The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the Mission Statement of the KBBC, as reflected by its bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC Mission Statement.
FISCAL IMPACT:
This action will not result in an impact to the City General Fund.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Application from Vicheka Ek
2. Application from Selana Pena
3. Application from Sarah Huston
4. Application from Matthew Martin
5. Application from Jamie Little
6. Application from Frankie Sutton
BAKERSFIELD CITY COUNCIL
MINUTES
SPECIAL MEETING OF MARCH 1, 2023
Mechanics Bank Convention Center, Potato Room, 1001 Truxtun Avenue Special Meeting – 8:30a.m.
SPECIAL MEETING - 8:43 AM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias, Weir, Smith (seated at 8:44 a.m.), Freeman, Gray and Kaur (seated at 10:04 a.m.)
2. PUBLIC STATEMENTS
a. Agenda Item Public Statements
None.
b. Non-Agenda Item Public Statements
None.
3. NEW BUSINESS
a. Council Goals Workshop
(Staff requests City Council feedback on the information presented.) City Manager Clegg made staff comments and introduced Patrick Ibarra and made additional comments.
Mayor Goh recessed the meeting at 10:05 a.m. and reconvened the meeting at 10:17 am.
Mayor Goh left the meeting at 11:51 a.m.
Vice Mayor Gonzales recessed the meeting at 11:45 a.m. and reconvened the meeting at 12:30 p.m.
Mayor Goh returned to the meeting at 1:00 p.m.
Bakersfield, California, March 1, 2023 - Page 2
4. ADJOURNMENT
Mayor Goh adjourned at 1:53 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 CITY COUNCIL
MINUTES
SPECIAL MEETING OF SEPTEMBER 5, 2024
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting – 12:00p.m.
SPECIAL MEETING - 12:00 PM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias, Smith, Freeman, Gray and Kaur
Absent: Councilmember Weir
2. PUBLIC STATEMENTS
a. Agenda Item Public Statements
None.
b. Non-Agenda Item Public Statements
None.
3. NEW BUSINESS
a. Accept the bid and award the contract with Granite Construction Company ($27,300,296.80) to construct Centennial Corridor East Bound 58 to North Bound Loop Connector Project.
City Manager Clegg made staff comments.
Acting Public Works Director Meyers made additional staff comments and submitted a map.
Motion by Vice Mayor Gonzales to approve staff recommendations. Motion approved with Councilmember Weir absent.
4. ADJOURNMENT
Mayor Goh adjourned at 12:06 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 5, 2024 - Page 2
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 6, 2025
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting–10:30 a.m.
SPECIAL MEETING - 10:30 AM
1. ROLL CALL
Present: Mayor Goh, Councilmembers Gonzales, Smith, Koman and Bashirtash
Absent: Vice Mayor Kaur, Councilmembers Arias and Weir
2. PUBLIC STATEMENTS
2.a. Non-Agenda Item Public Statements
None.
2.b. Agenda Item Public Statements
None.
3. CLOSED SESSION
3.a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding the following two matters:
1. Security Paving Company, Inc. v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-24-101097
2. Martinez Steel Corporation v. Security Paving Company, Inc.; The City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-102922
3.b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
3.c. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)(1) (one matter)
3.d. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 2800 Buck Owens Blvd. APN# 332-580-05
Agency Negotiators: City Manager Christian Clegg or Designee Negotiating Parties: Anthony Olivieri, CCIM, CRX
Under Negotiation: Price and terms of payment for purchase Property: 1430 Truxtun Ave. APN# 006-201-09, 01, 04 & 10 Agency Negotiators: City Manager Christian Clegg or Designee Negotiating Parties: Matthew Starr, Principal ASU Commerical Real Estate Under Negotiation: Price and terms of payment for purchase Bakersfield, California, February 6, 2025 - Page 2
3. CLOSED SESSION continued
Motion by Councilmember Gonzales to adjourn to Closed Session at 10:33 a.m.
The Closed Session meeting was adjourned at 3:24 p.m.
Meeting reconvened at 3:27 p.m.
4. CLOSED SESSION ACTION
3.a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding the following two matters:
1. Security Paving Company, Inc. v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-24-101097
No reportable action.
2. Martinez Steel Corporation v. Security Paving Company, Inc.; The City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-102922 No reportable action.
3.b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
No reportable action.
3.c. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)(1) (one matter) No reportable action.
3.d. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 2800 Buck Owens Blvd. APN# 332-580-05
Agency Negotiators: City Manager Christian Clegg or Designee Negotiating Parties: Anthony Olivieri, CCIM, CRX
Under Negotiation: Price and terms of payment for purchase No reportable action.
Property: 1430 Truxtun Ave. APN# 006-201-09, 01, 04 & 10 Agency Negotiators: City Manager Christian Clegg or Designee Negotiating Parties: Matthew Starr, Principal ASU Commerical Real Estate Under Negotiation: Price and terms of payment for purchase No reportable action.
Bakersfield, California, February 6, 2025 - Page 3
5. ADJOURNMENT
Mayor Goh adjourned the meeting at 3:28 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, February 6, 2025 - Page 4
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 12, 2025
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings –3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 PM
1. ROLL CALL
Present: Mayor Goh, Councilmembers Arias (seated at 3:44 p.m.) Gonzales, Smith, Koman and Bashirtash
Absent: Vice Mayor Kaur, Councilmember Weir
2. PUBLIC STATEMENTS
2.a. Non-Agenda Item Public Statements
None.
2.b. Agenda Item Public Statements
None.
3. REPORTS
None.
4. CLOSED SESSION
4.a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding the following five matters:
1. Blas Parra, by and through his guardian ad litem, Joseph Etienne v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-18-100718
2. Ana Hernandez, by and through her guardian ad litem, Rudy Hernandez, Yubani Lares, Roque Lares, Silvia Lares v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-101127
3. Kyle Peterson v. Cristina Moreno Gonzalez, The City of Bakersfield, et al.
Kern County Superior Court Case No. BCV-21-101694 (lead case) (Consolidated with Tiffany J. Peterson, individually and as Successor-InInterest to Nicholas Brendan Peterson; Johnathon M. Hernstedt-Deal Kern County Superior Court Case No. BCV-21-102578
4. Ingrid Crawford Smith, et al v. The City of Bakersfield, et al. United States District Court Case No. 1:18-CV-01526-DAD-JLT (Consolidated with A.J.C., v. The City of Bakersfield, et al. United States District Court Case No. 1:19-CV-01302-DAD-JLT & James Raymond v. Warren Martin United States District Court Case No. 1:18-CV-00307-DAD-JLT)
5. Jeffery Dibbern v. City of Bakersfield, et al. United States District Court Case No. 1:22-CV-00723-BAK
Motion by Vice Mayor Gonzales to adjourn to Closed Session at 3:32 p.m.
Bakersfield, California, February 12, 2025 - Page 2
4. CLOSED SESSION continued
The Closed Session meeting was adjourned at 5:09 p.m.
Meeting reconvened at 5:09 p.m.
5. CLOSED SESSION ACTION
1. Blas Parra, by and through his guardian ad litem, Joseph Etienne v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-18-100718
2. Ana Hernandez, by and through her guardian ad litem, Rudy Hernandez, Yubani Lares, Roque Lares, Silvia Lares v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-101127
3. Kyle Peterson v. Cristina Moreno Gonzalez, The City of Bakersfield, et al.
Kern County Superior Court Case No. BCV-21-101694 (lead case) (Consolidated with Tiffany J. Peterson, individually and as Successor-InInterest to Nicholas Brendan Peterson; Johnathon M. Hernstedt-Deal Kern County Superior Court Case No. BCV-21-102578
4. Ingrid Crawford Smith, et al v. The City of Bakersfield, et al. United States District Court Case No. 1:18-CV-01526-DAD-JLT (Consolidated with A.J.C., v. The City of Bakersfield, et al. United States District Court Case No. 1:19-CV-01302-DAD-JLT & James Raymond v. Warren Martin United States District Court Case No. 1:18-CV-00307-DAD-JLT)
5. Jeffery Dibbern v. City of Bakersfield, et al. United States District Court Case No. 1:22-CV-00723-BAK
No reportable action on all five matters.
5. ADJOURNMENT
Mayor Goh adjourned the meeting at 5:10 p.m.
Bakersfield, California, February 12, 2025 - Page 3
REGULAR MEETING - 5:15 PM
1. ROLL CALL
Present: Mayor Goh, Councilmembers Arias, Gonzales, Smith, Koman and Bashirtash
Absent: Vice Mayor Kaur and Councilmember Weir
2. INVOCATION
by Pastor Al Gascon, Christ’s Church of the Valley.
3. PLEDGE OF ALLEGIANCE
by Ridgeview High School Virtual Enterprise, Audrina Natividad, Yahaira Mata, Ravijot Sahota, Jocelyn Olivas, Sofia Pasumbal, Abigail Arellano, Miguel Garcia, Teacher and Ed Taylor, Advisor.
4. PRESENTATIONS
4.a. Proclamation to Kristy Torres, Chair of the Safe Surrender Coalition and Erin Rodgers, Member of the Safe Surrender Coalition, declaring February 2025 as Safely Surrender Baby Awareness Month in Bakersfield.
5. PUBLIC STATEMENTS
5.a. Non-Agenda Item Public Statements
1. Rocky Studer spoke regarding a bicycle pump track.
2. Lisa Smith spoke regarding continued problems regarding safety near the Centennial Corridor Freeway project.
Councilmember Gonzales requested staff investigate some type of signage that can help constituents understand which government entity is responsible in addressing concerns surrounding remnant lands and the area adjacent to Highway 58.
3. Adrian spoke regarding appreciation for continued pedestrian and bike safety.
4. Robert Hooks spoke regarding opposition to the elimination of DEI and Federal funding programs.
5. Hector Hernandez spoke regarding the school walkout in opposition to the federal immigration efforts.
6. Olivia Snider expressed continued support for pedestrian and bike safety improvements.
5.b. Agenda Item Public Statements
1. Cindi Wade spoke in support of Consent Calendar item 7.e.2.
2. Jessica Kirchner, Fernando Villa, Courtney Haddick and David Henderson spoke in support of Consent Calendar item 7.e.5.
6. APPOINTMENTS
6.a. One appointment (Ward 6 Alternate Member) to the Youth Commission to a term to expire July 2025 due to an existing vacancy.
(Staff recommends Council determination.)
Bakersfield, California, February 12, 2025 - Page 4
6. APPOINTMENTS continued
City Clerk Drimakis announced three applications were received from John Hyo-Jin Eoh, Malakhi Jayden Lopez and Oscar Cerano.
Councilmember Bashirtash, Ward 6, nominated John Hyo-Jin Eoh, alternate member.
Motion by Councilmember Bashirtash to appoint John Hyo-Jin Eoh, as the alternate member, to the Youth Commission. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.
7. CONSENT CALENDAR
a. Minutes:
7.a.1. Approval of minutes of the January 22, 2025, Regular City Council Meetings. (Staff recommends approval of the minutes.)
b. Payments:
7.b.1. Receive and file department payments from October 25, 2024, to November 7, 2024, in the amount of $19,692,808.39 and Self Insurance payments in the amount of $383,585.98 totaling $20,076,394.37.
(Staff recommends receive and file report.)
7.b.2. Receive and file department agreements over $40,000 and under $100,000 executed between January 10, 2025, and January 30, 2025. (Staff recommends receive and file report.)
c. Ordinances:
None.
d. Resolutions:
7.d.1. 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. (Staff recommends adoption of the resolution.)
RES 011-2025
7.d.2. Resolution to Authorize sale of surplus fire engines (equipment) to the City of Queretaro, Mexico, a governmental entity, for one dollar ($1.00). (Staff recommends adoption of the resolution.)
RES 012-2025
7.d.3. Dispense with Bidding Resolution for EOD Robot Upgrades and Repairs for the Bakersfield Police Department:
(Staff recommends adoption of the resolution.)
1. Resolution determining that the ANDORS hazardous duty robot upgrades and repairs, with Remotec, Inc. cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to Dispense with bidding therefore, not to exceed$210,000.
RES 013-2025
Bakersfield, California, February 12, 2025 - Page 5
7. CONSENT CALENDAR continued
item 7.d.3. continued
2. Agreement with Remotec, Inc. (not to exceed $210,000 and a term date of June 30, 2026), for EOD robot upgrade and repair services.
AGR 2025-006
7.d.4. Resolution to add Area T-31 (Parcel Map 12514) to the Traffic Signal Maintenance District and approving, confirming, and adopting the Public Works Director’s Report. (Ward 5)
(Staff recommends adoption of the resolution.)
RES 014-2025
7.d.5. Resolutions to add Areas 3-115, 3-121, 4-287, and 5-134 to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director’s Reports for each:
(Staff recommends adoption of the resolutions.)
1. Resolution adding Area 3-115 (Tentative Parcel Map 12522): Street Tier = 1; Park Tier = 0 – Ward 7
RES 015-2025
2. Resolution adding Area 3-121 (Tract 7408 & 7415): Street Tier = 3;Park Tier = 1 – Ward 5
RES 016-2025
3. Resolution adding Area 4-287 (1209 M Street): Street Tier = 1.5; Park Tier =
0.5 – Ward 2
RES 017-2025
4. Resolution adding Area 5-134 (9435 & 9601 S H Street): Street Tier = 1; Park Tier = 0 – Ward 7
RES 018-2025
7.d.6 Resolution of Intention No. 2224 to add Area 4-299 (2105 Eye Street): Street Tier = 1; Park Tier = 0 to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director’s Report. (Ward 1) (Staff recommends adoption of the resolution of intention.) ROI 2224
7.e. Agreements:
7.e.1. Naming Rights Agreement with Dignity Health for the Arena, Convention Center, and Theater. (Ward 2)
(Staff recommends approval of the agreement.)
REMOVED FOR SEPARATE CONSIDERATION. See page 11.
7.e.2. Economic Opportunity Area Grant Agreement with Animal Solutions ($77,900) for façade improvements, including the costs associated with exterior painting, stone masonry upgrades, and related work. (Ward 2)
(Staff recommends approval of the agreement.)
AGR 2025-008
Bakersfield, California, February 12, 2025 - Page 6
7. CONSENT CALENDAR continued
7.e.3. Agreement with BSK Associates (not to exceed $324,350) to provide Groundwater Monitoring and Reporting Services for the Wastewater Division. (Staff recommends approval of the agreement.)
AGR 2025-009
7.e.4. Agreement with Compass Equipment Inc. ($442,161.52), for long term rental of slowspeed shredder for the Mt. Vernon Organics Recycling and Composting Facility. (Staff recommends approval of the agreement.)
REMOVED FROM THE AGENDA.
7.e.5. Environmental Impact Report (EIR) for Site Plan Review 24-0027 and Zone Modification 24-0032 (Stockdale/Jewetta Religious Campus) (Staff recommends approval of the agreement.)
1. Applicant/Reimbursement Agreement with HKS Inc. ($209,524.80) for the preparation of an EIR.
AGR 2025-010
2. Consultant Agreement with Impact Sciences ($174,604) to prepare EIR.
AGR 2025-011
3. Appropriate $209,524.80 (HKS Inc. contribution) to the Development Services Operating budget in the General Fund. (Ward 2)
7.e.6. Agreement with Dee Jaspar and Associates Inc. ($149,208.50), to provide construction management and inspection services for the CBK-83 Tank and Booster Station Project. (Ward 5)
(Staff recommends approval of the agreement.)
AGR 2025-012
7.e.7. Final Map, Improvement Agreement, and Landscape Agreement with Jeremy Willer Construction, Inc. Tract 6426 Phase 3 Developer is requesting to enter into agreements so the final map for Tract 6426 Phase 3, located south of Paladino Drive and west of Rivani Drive, can be approved and recorded. (Ward 3) (Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement.)
AGR 2025-013, AGR 2025-014
7.e.8. Final Map Improvement Agreement and Landscape Agreement with LGI Homes California LLC for Tract 6873 Phase 3 Developer is requesting to enter into an agreement so the final map for Tract 6873 Phase 3, located North of McCutchen Road and East of Gosford Road, can be approved and recorded. (Ward 7) (Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement.)
AGR 2025-015, AGR 2025-016
7.e.9. Amendment No. 1 to Agreement No. 16-080 with the Housing Authority of Kern and Kern Villa San Dimas, LLC for the Assignment and Assumption of the Assigned Documents for the Villa San Dimas Affordable Housing Development Loan Agreement from the Housing Authority of the County of Kern to Kern Villa San Dimas, LP. (Ward 3)
(Staff recommends approval of the amendment.)
AGR 16-080 (1)
Bakersfield, California, February 12, 2025 - Page 7
7. CONSENT CALENDAR continued
7.e.10. Amendment No. 3 to Agreement No. 2022-237 with Flood Ministries, Inc. (increase compensation $300,000, revised not to exceed $900,000), for Street Outreach; Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4). (Staff recommends approval of the amendment.)
AGR 2022-237 (3)
7.e.11. Amendment No. 2 to Agreement No. 2024-277 with Unified Field Services Corporation to establish an escrow account in lieu of retention. (Ward 4) (Staff recommends approval of the amendment.)
AGR 2024-277 (2)
7.e.12. Amendment No. 3 to Agreement No. 15-263 with California Eminent Domain Law Group (amending fee schedule) to provide outside legal services for needed acquisitions for major road projects that require land acquisitions through the power of eminent domain.
(Staff recommends approval of the amendment).
AGR 15-263 (3)
7.e.13. Amendment No. 1 to Agreement No. 2022-021 with Trans West Security Services Inc. (increasing compensation by $60,000; revised no to exceed $463,953 and extend the term to January 19, 2026), to provide security services for various locations for the City of Bakersfield.
(Staff recommend approval of the amendment.)
AGR 2022-021 (1)
7.e.14. Amendment No. 1 to Agreement No. 2021-032 with Telstar Instruments (increasing compensation by $200,000; revised not to exceed $1,245,000; and extending term by one year) to continue electrical services at the Mount Vernon Recycling and Composting Facility and City Materials Recovery Facility. (Ward 1) (Staff recommends approval of the amendment.)
AGR 2021-032 (1)
7.e.15. Amendment No. 2 to Agreement No. 2024-125 with American International Environmental (increase compensation $220,000, total not to exceed $420,000, and extend term to May 22, 2026) for landfill gas system services at Bakersfield Sanitary Landfill (BSL).
(Staff recommends approval of the amendment.)
AGR 2024-125 (2)
7.e.16. Amendment No. 1 to Agreement No. 2022-029 with Safeway Sign Company (increase compensation $20,000; revised not to exceed $415,112.42; extend term by one year) to continue the supply of traffic signs.
(Staff recommends approval of the amendment.)
AGR 2022-029 (1)
7.e.17. Amendment No. 1 to Agreement No. 2020-059 with K and I Services Inc. (increase compensation $180,000; revised not to exceed $1,036,000), to continue the supply of wood chip hauling and other materials.
(Staff recommends approval of the amendment.)
AGR 2020-059 (1)
Bakersfield, California, February 12, 2025 - Page 8
7. CONSENT CALENDAR continued
7.e.18. Amendment No. 1 to Agreement No. 24-007 with Clean Energy ($200,000, not to exceed $400,000) to continue performing inspections, maintenance, and repairs of the Liquefied and Compressed Natural Gas (LCNG) fueling facilities located at the Corporation Yard and South Mt. Vernon Avenue
(Staff recommends approval of the amendment.)
AGR 2024-007 (1)
7.e.19. Amendment No. 5 to Agreement No. 2021-036 with Pavement Recycling Systems Inc. (increase compensation by $700,000; revised not to exceed $3,642,050 and extend term one year), to continue the supply of cold planning services. (Staff recommend approval of this amendment.)
AGR 2021-036 (5)
7.e.20. Amendments to various agreements with Ruettgers and Schuler Civil Engineers:
(Staff recommends approval of this amendment.)
1. Amendment No. 2 to Agreement No. 2021-132 (Assignment to change business name, address and Federal Tax ID numbers from Ruettgers & Schuler Civil Engineers to Provost & Pritchard
AGR 2021-132 (2)
2. Amendment No. 2 to Agreement No. 2023-072 (Assignment to change business name, address and Federal Tax ID numbers from Ruettgers & Schuler Civil Engineers to Provost & Pritchard Consulting Group) for Panama Lane At-Grade Crossing.
AGR 2023-072 (2)
3. Amendment No. 1 to Agreement No. 2023-102 (Assignment to change business name, address and Federal Tax ID numbers from Ruettgers & Schuler Civil Engineers to Provost & Pritchard Consulting Group) for Bakersfield Police Department Property Facility Addition.
AGR 2023-102 (1)
4. Amendment No. 1 to Agreement No. 2024-185 (Assignment to change business name, address and Federal Tax ID numbers from Ruettgers & Schuler Civil Engineers to Provost & Pritchard Consulting Group) for On-Call Civil Engineering and Surveying Services.
AGR 2024-185 (1)
7.e.21. Amendment No. 1 to Agreement No. 2024-157 with Loop Electric, Inc. (increasing compensation $330,000; revised not to exceed $819,100), to continue the supply of vehicle loop cutting and streetlight repair service.
(Staff recommends approval of the amendment.)
AGR 2024-157 (1)
7.e.22. Amendment No. 12 to Agreement No. 12-120 with TY LIN International (extending term to June 30, 2026) for closeout activities associate with the State Route 178 Widening Project. (Ward 3)
(Staff recommends approval of the amendment.)
AGR 12-120 (12)
Bakersfield, California, February 12, 2025 - Page 9
7. CONSENT CALENDAR continued
7.e.23. Contract Change Order Nos. 22 and 158 to Agreement No. 19-069 (Mainline Project) with Security Paving Company (decreasing compensation by $60,508.22; revised not to exceed $151,908,188.78) for the Centennial Corridor Mainline Project. (Wards 1, 2, & 3)
(Staff recommends approval of the change orders.)
CCO 19-069 (22), (158)
7.f. Bids:
7.f.1. Accept bid and approve contract with DOD Construction LTD ($659,000) for the Construction of HUD Funded Curb, Gutter, and Sidewalk for the East Truxtun Area. (Ward 2)
(Staff recommends acceptance of the bid and approval of the contract.) AGR 2025-017
7.f.2. Accept bid and approve contract with J.L. Plank, Inc., dba Cen-Cal Construction ($659,000) for the Construction of HUD Funded Curb, Gutter, and Sidewalk for the Alta Vista Area. (Ward 2)
(Staff recommends acceptance of the bid and approval of the contract.) AGR 2025-018
7.f.3. CBK-83 Tank and Booster Station Project
(Staff recommends acceptance of low bid, approval of contract, and appropriation of funds.)
1. Accept bid and approve contract with Nicholas Construction, Inc. ($3,070,004).
AGR 2025-019
2. Appropriate $900,000 from the Domestic Water Fund to the Water Department’s Capital Improvement Program budget for the project. (Ward 5)
7.f.4. Sewer Lift Station Rehabilitation at Ming Avenue and Grand Lakes Avenue (Staff recommends acceptance of low bid, approval of contract, and approval of Citycontrolled contingency.)
1. Accept bid and approve contract with GSE Construction ($1,207,800) for the project.
AGR 2025-020
2. Authorize staff to approve, as necessary, up to $120,000 in City controlled contingency for unforeseen conditions encountered during construction of project. (Ward 5)
7.f.5. Adaptive Signal Coordination White Ln from Wible Rd to Buena Vista Rd (RE-BID) (Staff recommends acceptance of low bid, authorization of change order, and approval of contract.)
1. Accept Bid and approve contract with Innovative Systems Inc, DBA Agilitech for $820,734.48.
AGR 2025-021
Bakersfield, California, February 12, 2025 - Page 10
7. CONSENT CALENDAR continued
item 7.f.5. continued
2. Authorize Change Order(s), as necessary, up to $40,000 in City-Controlled contingency for unforeseen conditions encountered during construction of said project. (Wards 1, 5, 6, & 7)
7.g. Miscellaneous:
7.g.1. Appropriate $77,219.41 in grant revenues received from San Joaquin Valley Air Pollution Control District.
(Staff recommends approval of the appropriation.)
7.g.2. Appropriate $150,000.00 in grant revenues received from Kaiser Permanente Foundation for the Sports and Education Academy to the Recreation and Parks Operating Budget within the General Fund. (Ward 2)
(Staff recommends approval of the appropriation.)
7.g.3. Acceptance of the Audit Reports for the 2022-23 Fiscal Year (Finance, Economic Development and Jobs Committee recommends acceptance of the fiscal year 2023 audit reports.)
1. Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2023.
2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2023.
3. Auditor Communication with Those Charged with Governance (SAS 114 Letter) for fiscal year ended June 30, 2023.
4. Independent Auditors Report – Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2023.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2023.
6. Independent Auditors Report – Mechanics Bank Arena, Theater, Convention Center, Dignity Health Amphitheatre & Valley Children’s Ice Center for the fiscal year ended June 30, 2023.
7. Agreed Upon Procedures Report (Public Safety and Vital Services) for the fiscal year ended June 30, 2023.
8. Single Audit Report for the fiscal year ended June 30, 2023.
7.h. Successor Agency Business:
7.h.1. Receive and file Successor Agency payments from January 10, 2025, to January 30, 2025, in the amount of $167,354.40.
(Staff recommends report be received and filed.)
7.i. Public Safety/Vital Services Measure:
7.i.1. Agreement with Shan Shan Sheng DBA East West Fine Arts ($600,000) for public art sculpture at Central Park. (Ward 2)
(Staff recommends approval of the agreement.)
REMOVED FROM THE AGENDA.
Bakersfield, California, February 12, 2025 - Page 11
7. CONSENT CALENDAR continued
City Clerk Drimakis announced a staff memorandum was received per staff for Consent Calendar item 7.e.4. requesting the item be removed from the agenda and 7.i.1. requesting the item be removed from the agenda for further analysis.
Councilmember Gonzales requested item 7.e.1. be removed for separate consideration.
Motion by Councilmember Gonzales to adopt Consent Calendar items 7.a. through 7.i., with the removal of Consent Calendar items 7.e.4. and 7.i.1. and removal of Consent calendar item 7.e.1. for separate consideration. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.
7.e.1. Naming Rights Agreement with Dignity Health for the Arena, Convention Center, and Theater. (Ward 2)
(Staff recommends approval of the agreement.)
AGR 2025-007
Motion by Councilmember Gonzales to adopt Consent Calendar item 7.e.1. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.
8. CONSENT CALENDAR PUBLIC HEARINGS
None.
9. HEARINGS
9.a. Tax Equity and Fiscal Responsibility Act Hearing on Behalf of the Housing Authority of the County of Kern.
(Staff recommends Council conduct a public hearing, adopt the resolution and approve the Indemnification Agreement.)
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the plan of finance for the issuance by the Housing Authority of Kern of Multifamily Housing Revenue Bonds in an amount not to exceed $12,000,000 of the Authority’s Revenue Bonds for the purpose of financing rental housing projects.
2. Adopt Resolution approving the plan of finance for the issuance by the Housing Authority of Kern of Multifamily Housing Revenue Bonds in an amount not to exceed $12,000,000 for the construction of a 51-unit affordable housing complex located on APN: 132-010-29 in Bakersfield California and certain other matters relating thereto.
RES 019-2025
3. Indemnification Agreement between the City of Bakersfield (City) and the Housing Authority of the County of Kern.
AGR 2025-022
City Manager Clegg made staff comments.
Economic and Community Development Director Byers made staff comments.
Hearing item 9.a. opened at 6:14 p.m.
No one spoke.
Hearing item 9.a. closed at 6:16 p.m.
Bakersfield, California, February 12, 2025 - Page 12
9. HEARINGS continued
Motion by Councilmember Koman to adopt Hearing item 9.a. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.
10. REPORTS
10.a. Public Safety Update and presentation will be provided by the Bakersfield Police Department Chief Greg Terry Public Safety Update regarding 2024 Traffic Collisions. (Staff recommend the Council receive and file the report.) City Manager Clegg made staff comments.
Assistant Chief of Police Stratton made staff comments and provided a PowerPoint presentation.
Councilmember Smith requested staff review the area around Liberty High School, near Jewetta Avenue and Brimhall Road, to determine which infrastructure improvements may be implemented to help improve the flow of traffic and safety of all in the area.
Motion by Councilmember Gonzales to receive and file the report. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.
Mayor Goh recessed the meeting at 6:51 p.m.
Meeting reconvened at 7:00 p.m.
10.b. Update on the Making Downtown Bakersfield Vision Plan A status update on the policy and physical implementation strategies in the Making Downtown Bakersfield Vision Plan. (Wards 2 & 3)
City Manager Clegg made staff comments.
Economic and Community Development Director Byers made staff comments and provided a PowerPoint presentation.
Assistant City Manager Valdez made additional staff comments.
Councilmember Gonzales requested staff analyze the priorities of the Downtown Master Plan and realign them to synchronize with current priorities of the Council and present the information to the Finance and Economic Development and Jobs Committee.
Councilmember Gonzales requested staff analyze the Police Department's ability to enhance patrolling in the downtown area between the hours of 3:00 and 6:00 am.
Councilmember Gonzales requested staff review the possibility of an ordinance that requires all property owners of downtown to place metal lids and locks on their dumpsters.
Councilmember Arias requested staff research the possibility of initiating a Downtown Circulator Bus in partnership with Golden Empire Transit.
Motion by Councilmember Gonzales to receive and file the report. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.
Bakersfield, California, February 12, 2025 - Page 13
11. DEFERRED BUSINESS
None.
12. NEW BUSINESS
None.
13. COUNCIL AND MAYOR STATEMENTS
Councilmember Smith expressed his appreciation for all the work that has done to revitalize downtown.
Councilmember Arias expressed his appreciation for all the work that has been done in the City and announced an invitation to the groundbreaking of the new sewer line near Del Oro High School and Martin Luther King.
Councilmember Gonzales requested staff search for new funding sources outside of Public Safety and Vital Services for the Public Art Program and Initiative. He also requested staff reconsider what type of public art projects that are local and small.
Councilmember Gonzales requested staff reallocate the funding set aside for the Public Art Program Initiative to public safety related program such as street improvements and/or streetlights.
Councilmember Gonzales requested staff provide an analysis of the protocol of awarding a "Key of the City" and establish a resolution recognizing former City Councilmembers Freeman and Gray as recipients for Council consideration.
Councilmember Koman made comments regarding the grand opening of Centric Health Clinic near Mercy Hospital Southwest and expressed support in the removal of the East West Fine Arts Agenda item.
Mayor Goh made comments regarding the Big City Mayors’ meeting in Sacramento, advocating for funding and regulatory reform to address homelessness, public safety housing and youth jobs.
14. ADJOURNMENT
Mayor Goh adjourned the meeting at 7:57 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, February 12, 2025 - Page 14
***THIS PAGE INTENTIONALLY LEFT BLANK***
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent – Payments and Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: February 13, 2025
SUBJECT: Receive and file payments from January 31, 2025 to February 13, 2025 totaling $16,818,282.36
as follows: department payments in the amount of $16,405,364.83, and Self Insurance payments in the amount of $412,917.53.
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.
FISCAL IMPACT:
$16,818,282.36
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. AP Check Register 2.26.25
2. Oracle AP Check Register 2.26.25
2/13/2025 CHECK REGISTER
FROM 01/31/2025 TO 2/13/2025
PAGE 1
Check Number Vendor Number Vendor Name Check Date Check Amount 775019 10204 ASSOCIATION BKFD POLICE OFFICER FCU Jan 31, 2025 $24,176.18 775020 10200 BAKERSFIELD CITY FIREFIGHTERS Jan 31, 2025 $7,883.47 775021 10211 BAKERSFIELD FIREMEN Jan 31, 2025 $14,277.96 775022 10203 BAKERSFIELD POLICE BENEFIT Jan 31, 2025 $35,990.87 775023 10205 MUTUAL BENEFIT ASSOCIATION Jan 31, 2025 $2,659.53 775024 26810 RELIASTAR LIFE INSURANCE CO Jan 31, 2025 $4,083.06 775025 22324 SEIU LOCAL 521 Jan 31, 2025 $24,098.67
775026 10047 MISC RECEIVABLE REFUND VENDOR Feb 6, 2025 $415.52 775027 33184 EYEMED Feb 6, 2025 $5,650.15
775028 10047 MISC RECEIVABLE REFUND VENDOR Feb 6, 2025 $102.75 775029 10047 MISC RECEIVABLE REFUND VENDOR Feb 6, 2025 $803.17 775030 26810 RELIASTAR LIFE INSURANCE CO Feb 6, 2025 $4,926.37 775031 30027 U S BANK - PARS #6746022400 Feb 6, 2025 $2,911.31 775032 30029 UNITED CONCORDIA DENTAL PLANS OF CA Feb 6, 2025 $67,049.28 775033 30020 UNUM Feb 6, 2025 $6,983.60
775034 10047 MISC RECEIVABLE REFUND VENDOR Feb 6, 2025 $1,021.99 775035 10047 MISC RECEIVABLE REFUND VENDOR Feb 6, 2025 $45.66 9997507 10199 BAKERSFIELD CITY EMPLOYEE Jan 31, 2025 $210,605.00 9997508 30014 EMPLOYMENT DEVELOPMENT DEPT Jan 31, 2025 $408,088.60 9997509 10217 I C M A RETIREMENT TRUST-303749 Jan 31, 2025 $53,195.70 9997510 30010 IRS Jan 31, 2025 $1,062,816.10
9997511 16863 NATIONWIDE RETIREMENT SOLUTIONS Jan 31, 2025 $176,248.66 9997512 20699 VANTAGEPOINT TRANSFER AGENTS C/O Jan 31, 2025 $66,068.83 9997513 30028 BLUE SHIELD OF CALIFORNIA-P Feb 6, 2025 $704,241.22 9997514 30021 KAISER PERMANENTE Feb 6, 2025 $328,161.88 9997515 10206 STATE OF CALIF - PERS Feb 6, 2025 $1,614,405.58 9997516 30025 STATE DISBURSEMENT UNIT Feb 13, 2025 $21,599.72 27 Overall - Count
Overall - Total $4,848,510.83
$4,848,510.83
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 1
Payment
Number Fund Vendor Name Check Date Check Amount
792208 5210 LEHIGH OUTFITTERS LLC 2/6/2025 $ 2,772.97
792218 5210 MEMORIAL OCCUPATIONAL MEDICINE 2/6/2025 $ 11,350.00 792240 5210 AIMS C/O HANNA BROPHY MACLEAN 2/6/2025 $ 94.50 792241 5210 AIMS C/O YRULEGUI & ROBERTS APC 2/6/2025 $ 8,268.56 792278 5210 Brandon S Yap 2/6/2025 $ 160.00
792280 5210 Brian D Jackson 2/6/2025 $ 160.00
792284 5210 Carlos Arceo 2/6/2025 $ 160.00
792292 5210 Clayton J Green 2/6/2025 $ 160.00
792311 5210 Faustino R Gonzales 2/6/2025 $ 131.24
792326 5210 Gustavo Garcia 2/6/2025 $ 160.00
792330 5210 HENRY RUIZ JR 2/6/2025 $ 1,600.00
792341 5210 Jaime Morales 2/6/2025 $ 160.00
792344 5210 Jessie J Ayala 2/6/2025 $ 160.00
792348 5210 Jose A Uribe 2/6/2025 $ 160.00
792349 5210 Jose D Peralta 2/6/2025 $ 160.00
792352 5210 Juan A Prado 2/6/2025 $ 160.00
792356 5210 Keith M Yowell 2/6/2025 $ 160.00
792393 5210 Manuel R Escudero 2/6/2025 $ 160.00
792406 5210 Miguel A Guzman 2/6/2025 $ 160.00
792414 5210 Nathaniel A Bonilla 2/6/2025 $ 160.00
792418 5210 Niarobi T Fletcher 2/6/2025 $ 160.00
792424 5210 Pablo Tapia-Gamino 2/6/2025 $ 160.00
792426 5210 Paul R Trammell 2/6/2025 $ 160.00
792440 5210 Raymond W Douglas Jr 2/6/2025 $ 160.00
792447 5210 Robert Garza 2/6/2025 $ 160.00
792466 5210 Terry G Mendenhall 2/6/2025 $ 160.00
792576 5210 AIMS 2/13/2025 $ 60,029.25
792590 5210 Antonio G Solis 2/13/2025 $ 135.30
792628 5210 CLIFFORD & BRADFORD INSURANCE INC 2/13/2025 $ 1,150.00 792659 5210 George Suarez 2/13/2025 $ 160.00
792666 5210 HANNA BROPHY MACLEAN MCALEER & JENSEN L 2/13/2025 $ 60.00 792724 5210 LEHIGH OUTFITTERS LLC 2/13/2025 $ 1,524.24
792731 5210 Luis S Contreras 2/13/2025 $ 160.00
792741 5210 Michael De La Cruz 2/13/2025 $ 117.45
792782 5210 RE POWERS & COMPANY 2/13/2025 $ 197.94
9998373 5210 WELLS FARGO BANK 2/6/2025 $ 177,115.74
9998377 5210 WELLS FARGO BANK 2/13/2025 $ 144,850.34
792153 0110 Julie A Houselog 1/31/2025 $ 251.35
792154 4210 CALIFORNIA DEPARTMENT OF TAX AND FEE AD 1/31/2025 $ 4,795.00 792155 0140 A T & T 2/6/2025 $ 18,455.61
792156 1860 BAKERSFIELD POLICE ACTIVITIES 2/6/2025 $ 1,000,000.00 792158 4110 CALIFORNIA WATER SERVICE 2/6/2025 $ 36,005.11 792159 4410 CALIFORNIA WATER SERVICE COMPANY 2/6/2025 $ 866,249.25 792160 0110 CHARTER COMMUNICATIONS 2/6/2025 $ 177.83
792161 5110 CITY OF BAKERSFIELD 2/6/2025 $ 858.30
792162 0110 CITY OF BAKERSFIELD 2/6/2025 $ 2,815.85
792163 4410 CITY OF BAKERSFIELD 2/6/2025 $ 219,365.28
792164 4120 CULLIGAN WATER CONDITIONING 2/6/2025 $ 605.48 792165 0110 DAYS GENERATOR SERVICE INC 2/6/2025 $ 126,293.00 792166 0110 DEPARTMENT OF INDUSTRIAL RELATIONS 2/6/2025 $ 350.00 792167 1510 GREEN GRASS LAWN CARE 2/6/2025 $ 350.00
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 2
Payment
Number Fund Vendor Name Check Date Check Amount
792168 4310 NORTH KERN WATER STORAGE DISTRICT 2/6/2025 $ 11,869.80 792173 1450 PACIFIC GAS & ELECTRIC COMPANY 2/6/2025 $ 464,882.29 792174 4120 SJVAPCD 2/6/2025 $ 2,540.00
792175 0140 SOCALGAS 2/6/2025 $ 1,046.96
792176 0110 SOCALGAS 2/6/2025 $ 280.90
792177 1510 SWRCB ACCOUNTING OFFICE 2/6/2025 $ 563.00
792179 5110 ADVANCED DISTRIBUTION CO 2/6/2025 $ 4,166.63 792181 5110 ALUMINUM CHUCK WAGON 2/6/2025 $ 28,356.24
792183 5110 AUTOZONE STORES INC 2/6/2025 $ 6,779.50
792185 0110 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 2/6/2025 $ 5,112.93 792187 4120 FERGUSON ENTERPRISES INC 2/6/2025 $ 7,996.49 792192 0110 GRAINGER INC, W W 2/6/2025 $ 12,854.25
792201 5110 HOME DEPOT 2/6/2025 $ 9,146.02
792203 5110 JIM BURKE FORD 2/6/2025 $ 5,000.87
792206 0110 KERN TURF SUPPLY 2/6/2025 $ 3,798.33
792215 3120 LOWES HOME IMPROVEMENT 2/6/2025 $ 5,424.41
792220 5110 MICHELIN NORTH AMERICA INC 2/6/2025 $ 17,990.44 792223 5110 O'REILLY AUTO PARTS 2/6/2025 $ 2,780.78
792225 4120 SILVAS OIL CO INC 2/6/2025 $ 45,779.67
792229 4210 STINSON STATIONERS 2/6/2025 $ 3,608.62
792230 4120 USP TECHNOLOGIES 2/6/2025 $ 25,763.73
792233 4210 VESTIS SERVICES LLC 2/6/2025 $ 1,595.26
792234 5110 Aaron E Harrington 2/6/2025 $ 302.02
792235 0110 ABATE A WEED 2/6/2025 $ 125.64
792236 5110 Adan Cuevas 2/6/2025 $ 4,239.56
792237 5110 ADVANCE MOBILE SECURITY 2/6/2025 $ 1,961.40 792238 4120 AECOM TECHNICAL SERVICES INC 2/6/2025 $ 3,867.50 792239 5110 AEGIS SAFETY COMPANY 2/6/2025 $ 994.22
792242 4410 ALL AMERICAN GLASS 2/6/2025 $ 871.20
792243 4120 ALLIANCE TECHNICAL GROUP LLC 2/6/2025 $ 357.50 792244 3120 ALTA PLANNING & DESIGN INC 2/6/2025 $ 45,481.55 792245 1110 AMERINATIONAL COMMUNITY SERVICES INC 2/6/2025 $ 3,562.72 792246 0110 Andrew D Shive 2/6/2025 $ 263.00
792247 0140 Anthony E Valdez 2/6/2025 $ 279.90
792248 5110 Anthony R Hernandez 2/6/2025 $ 433.00
792249 5110 APPLIED LNG TECHNOLOGIES LLC 2/6/2025 $ 7,491.27 792250 1860 ARDURRA GROUP INC 2/6/2025 $ 24,252.50
792251 5110 ATCO INTERNATIONAL 2/6/2025 $ 1,001.31
792252 0110 Austin T Haycock 2/6/2025 $ 1,377.00
792253 5110 AUTO TECH AND SMOG 2/6/2025 $ 811.44
792254 0110 AUTO TINT WEST INC 2/6/2025 $ 734.65
792255 5110 AUTOLIFT SERVICES INC 2/6/2025 $ 2,768.38
792256 0110 B & B SURPLUS 2/6/2025 $ 433.54
792257 4310 B & R TOOL SUPPLY INC 2/6/2025 $ 233.78
792258 4120 B S & E COMPANY INC 2/6/2025 $ 252.01
792259 0110 BAKER SUPPLIES AND REPAIRS 2/6/2025 $ 497.67 792260 0110 BAKERSFIELD ATHLETIC 2/6/2025 $ 291.25
792261 5110 BAKERSFIELD CHRYSLER-JEEP 2/6/2025 $ 211.09 792262 5110 BAKERSFIELD HARLEY DAVIDSON INC 2/6/2025 $ 1,027.15 792263 0110 BAKERSFIELD PLUMBING CO INC 2/6/2025 $ 192.00 792264 0110 BAKERSFIELD RUBBER STAMP CO 2/6/2025 $ 64.84 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 3
Payment
Number Fund Vendor Name Check Date Check Amount
792265 1110 BAKERSFIELD SENIOR CENTER 2/6/2025 $ 22,710.67 792266 5110 BAKERSFIELD TRUCK CENTER 2/6/2025 $ 1,074.98 792267 4410 BAKERSFIELD WELL & PUMP 2/6/2025 $ 300.00
792268 5110 BARNES WELDING SUPPLY 2/6/2025 $ 1,662.22
792269 5110 BEARCAT MFG INC 2/6/2025 $ 442.70
792270 0110 Beau R Williamson 2/6/2025 $ 263.00
792271 0110 BENJAMIN MOORE PAINTS 2/6/2025 $ 666.72
792272 5110 BERCHTOLD EQUIPMENT CO 2/6/2025 $ 1,903.97
792273 5110 BLACKHOLE TECHNOLOGIES INC 2/6/2025 $ 617.42 792274 3120 BLUEPRINT SERVICE CO 2/6/2025 $ 113.77
792275 5110 BOBS AUTO GLASS INC 2/6/2025 $ 1,405.67
792276 4210 BOWMAN ASPHALT 2/6/2025 $ 273,489.33
792277 4120 BRADY INDUSTRIES 2/6/2025 $ 1,029.73
792279 0110 Brett J Perry 2/6/2025 $ 1,919.72
792281 5110 Brian T Lynch 2/6/2025 $ 700.00
792282 0110 BUDGET BOLT INC 2/6/2025 $ 234.46
792283 5110 BUDS BRAKE & WHEEL PARTS 2/6/2025 $ 71.82
792285 1110 CEN-CAL CONSTRUCTION INC 2/6/2025 $ 98,704.80 792286 1810 CHAMPION HARDWARE 2/6/2025 $ 2,064.76
792287 5110 Che N Zuniga 2/6/2025 $ 493.97
792288 0110 Christian T Clegg 2/6/2025 $ 279.90
792289 0140 Christopher R Hinds 2/6/2025 $ 517.10
792290 0110 Christopher S Bowles 2/6/2025 $ 184.00
792291 0140 CITIGUARD INC 2/6/2025 $ 50,016.96
792293 5110 COASTLINE EQUIPMENT 2/6/2025 $ 141.67
792294 5110 Colin H Thomas 2/6/2025 $ 317.48
792295 5110 CUMMINS SALES AND SERVICE 2/6/2025 $ 6,490.50 792296 0110 DAVE BANG ASSOCIATES INC 2/6/2025 $ 4,863.34 792297 5110 DAVES FLEET MAINT & TOWING INC 2/6/2025 $ 50.00 792298 5110 David E Perez 2/6/2025 $ 127.74
792299 4120 DAVID JANES COMPANY 2/6/2025 $ 367.52
792300 0110 DELL MARKETING L P 2/6/2025 $ 1,070.41
792301 4210 DELTA LIQUID ENERGY 2/6/2025 $ 50.00
792302 0110 Dennis E Park 2/6/2025 $ 140.00
792303 0110 Dennis W Eddy 2/6/2025 $ 263.00
792304 1110 DIANA R ELROD CONSULTING 2/6/2025 $ 12,197.50 792305 4310 DUANE MORRIS LLP 2/6/2025 $ 80,360.46
792306 0140 EL POPULAR INC 2/6/2025 $ 225.00
792307 4120 ELECTRIC MOTOR WORKS INC 2/6/2025 $ 719.86
792308 0110 ENVIROTEK CORPORATION 2/6/2025 $ 5,389.38
792309 5110 FAST UNDERCAR LLC 2/6/2025 $ 197.31
792310 5110 FASTER 2/6/2025 $ 12,020.00
792312 4410 FEDEX 2/6/2025 $ 28.64
792313 5110 Francisco Martinez 2/6/2025 $ 700.00
792314 0110 FUN EXPRESS 2/6/2025 $ 193.38
792315 5110 Gabriel R Alvarado 2/6/2025 $ 800.00
792316 0110 GALLS, LLC 2/6/2025 $ 1,681.67
792317 0140 GBLA 2/6/2025 $ 37,036.00
792318 6110 GOLD COAST ELECTRIC-REFUND 2/6/2025 $ 300.00 792319 5110 GOLDEN EMPIRE TOWING INC 2/6/2025 $ 1,538.25 792320 5110 GOLDEN STATE PETERBILT 2/6/2025 $ 2,833.17
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 4
Payment
Number Fund Vendor Name Check Date Check Amount
792321 4120 GOLDSTREET DESIGN AGENCY INC 2/6/2025 $ 874.79 792322 3120 GRANITE CONSTRUCTION INC 2/6/2025 $ 8,911.09 792323 4120 GRAYBAR ELECTRIC COMPANY 2/6/2025 $ 46.08
792324 5110 GREGS PETROLEUM SERVICES INC 2/6/2025 $ 2,563.11 792325 3120 GRIFFIN STRUCTURES INC 2/6/2025 $ 15,781.25 792327 5110 H & S BODY WORKS & TOWING 2/6/2025 $ 100.00 792328 0110 HALL LETTER SHOP 2/6/2025 $ 502.00
792329 0110 HARDER + COMPANY COMMUNITY RESEARCH 2/6/2025 $ 11,809.86 792331 3110 HIGH LIGHT ELECTRIC INC 2/6/2025 $ 30,902.00 792332 3120 HIGHSTREET IT SOLUTIONS LLC 2/6/2025 $ 8,494.00 792333 0140 HINDERLITER DE LLAMAS & ASSOCIATES 2/6/2025 $ 378.78 792334 0110 HOME DEPOT PRO 2/6/2025 $ 3,818.87
792335 3120 HOUSING AUTHORITY OF KERN COUNTY 2/6/2025 $ 50,000.00 792336 1740 IMAGETREND LLC 2/6/2025 $ 7,425.00
792337 0110 Ines E Tolentino 2/6/2025 $ 86.00
792338 0110 J & E RESTAURANT SUPPLY INC 2/6/2025 $ 74.69 792339 3110 JAB COMMUNICATIONS INC 2/6/2025 $ 24,745.43 792340 0110 Jacob C Heinsohn 2/6/2025 $ 263.00
792342 0110 JAM SERVICES INC 2/6/2025 $ 3,658.85
792343 5110 JERRY & KEITHS INC 2/6/2025 $ 9,659.60
792345 5110 JIM BURKE FORD-EQ 2/6/2025 $ 380,458.68
792346 5110 JIMS TOWING INC 2/6/2025 $ 100.00
792347 5110 John Blizzard 2/6/2025 $ 595.38
792350 0140 JOSES ORNAMENTAL SUPPLY INC 2/6/2025 $ 141.81 792351 6110 JTJ CONSTRUCTION INC-REFUND 2/6/2025 $ 100.00 792353 6110 JW DESIGN & CONSTRUCTION INC-REFUND 2/6/2025 $ 100.00 792354 5110 K & R TOWING 2/6/2025 $ 319.00
792355 0110 Katie E Reed 2/6/2025 $ 488.20
792357 5110 KELLAR EQUIPMENT HOSE AND REPAIR INC 2/6/2025 $ 1,135.13 792358 1910 Kelly Kathleen Sloan 2/6/2025 $ 394.00
792359 1860 KERN COMMUNITY FOUNDATION 2/6/2025 $ 228,084.23 792360 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792361 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792362 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792363 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792364 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792365 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792366 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792367 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792368 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792369 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792370 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792371 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792372 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792373 6110 KERN COUNTY CLERKS 2/6/2025 $ 50.00
792374 4310 KERN COUNTY WATER AGENCY 2/6/2025 $ 32,118.00 792375 0110 KERN MACHINERY INC 2/6/2025 $ 4,743.74
792376 0110 KERN SPRINKLER LANDSCAPING INC 2/6/2025 $ 131,162.83 792377 0110 KILLIAN PEST CONTROL 2/6/2025 $ 470.00
792378 3140 KIMLEY HORN & ASSOCIATES INC 2/6/2025 $ 2,400.00 792379 6110 KINGDOM CONCRETE-REFUND 2/6/2025 $ 200.00
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 5
Payment
Number Fund Vendor Name Check Date Check Amount
792380 0110 KNIGHTS SITE SERVICES INC 2/6/2025 $ 139.98 792381 0110 KRONOS INCORPORATED 2/6/2025 $ 549.00
792382 0140 KURB KUT 2/6/2025 $ 850.00
792383 0110 KWIK SIGNS INC 2/6/2025 $ 212.85
792384 0110 L N CURTIS & SONS 2/6/2025 $ 5,877.52
792385 0110 LAWSON PRODUCTS INC 2/6/2025 $ 678.27
792386 5110 LEHR 2/6/2025 $ 2,794.16
792387 0110 LEVEL 3 COMMUNICATIONS LLC 2/6/2025 $ 2,350.94 792388 0110 LINDE GAS & EQUIPMENT DBA PRAXAIR 2/6/2025 $ 552.33 792389 0110 LOOP ELECTRIC INC 2/6/2025 $ 14,640.00
792390 0110 LRN TRANSPORTATION 2/6/2025 $ 5,000.00
792391 0140 M & J HANDIMAN HENRY 2/6/2025 $ 499.00
792392 5110 MAGNET FORENSICS 2/6/2025 $ 8,940.00
792394 5110 MAR-CO EQUIPMENT CORP 2/6/2025 $ 7,005.88
792395 0110 Marcela Haskins 2/6/2025 $ 114.00
792396 0140 Maricruz Blowers 2/6/2025 $ 39.98
792397 0110 Mary H Stratton 2/6/2025 $ 98.95
792398 1910 Matthew W Billingsley 2/6/2025 $ 394.00
792399 1860 MCINTOSH & ASSOCIATES 2/6/2025 $ 3,623.00
792400 4510 MEAD & HUNT INC 2/6/2025 $ 19,474.35
792401 0110 MERCHANTS PRINTING & ENVELOPE 2/6/2025 $ 69.28 792402 0140 MERCY HOUSE LIVING CENTERS 2/6/2025 $ 465,841.23 792403 1450 MESA ENERGY SYSTEMS INC 2/6/2025 $ 69,244.00 792404 0110 MGT OF AMERICA CONSULTING LLC 2/6/2025 $ 3,250.00 792405 4310 Miguel A Chavez 2/6/2025 $ 272.00
792407 5110 Miguiel Calistro 2/6/2025 $ 478.68
792408 0110 MINUTEMAN PRESS 2/6/2025 $ 1,371.48
792409 5110 MOBILE AG & INDUSTRIAL SUPPLY INC 2/6/2025 $ 11,920.16 792410 4120 MOTION INDUSTRIES INC 2/6/2025 $ 2,201.77
792411 0140 MOUNTAIN TEK 2/6/2025 $ 1,392.26
792412 0110 MUNICIPAL EMERGENCY SERVICES 2/6/2025 $ 54.13 792413 5110 MUNICIPAL MAINTENANCE EQUIP INC 2/6/2025 $ 155.28 792415 4210 NATIONAL CINEMEDIA LLC 2/6/2025 $ 4,982.50
792416 0110 NET TRANSCRIPTS, INC. 2/6/2025 $ 80.60
792417 3120 NEW GEN ENGINEERING GROUP INC DBA MCINT 2/6/2025 $ 3,740.00 792419 1520 NV5 INC 2/6/2025 $ 65,043.05
792420 0140 OAKLEAF GENERAL ENGINEERING CONSTRUCTIO 2/6/2025 $ 4,400.00 792421 5110 ONE SOURCE PARTS LLC 2/6/2025 $ 27,303.06
792422 3130 OVERLAND PACIFIC & CUTLER INC 2/6/2025 $ 148,718.28 792423 0110 P & D MACHINE 2/6/2025 $ 1,558.80
792425 0110 Paul H Yoon 2/6/2025 $ 140.00
792427 5110 PERFORMANCE TRUCK REPAIR 2/6/2025 $ 1,307.70 792428 0110 Peter J Diaz 2/6/2025 $ 50.00
792429 0110 PIONEER PAINT 2/6/2025 $ 443.99
792430 5110 PLUMBERS DEPOT 2/6/2025 $ 140.54
792431 4210 PREMIER VALLEY TRANSPORT INC 2/6/2025 $ 5,520.00 792432 0110 PRINTS MAVERICKS LLC 2/6/2025 $ 281.45
792433 4210 PROVOST & PRITCHARD CONSULTING INC 2/6/2025 $ 2,876.00 792434 5110 PULLTARPS MFG 2/6/2025 $ 1,678.58
792435 3110 QK 2/6/2025 $ 4,895.00
792436 5110 QUINN COMPANY INC 2/6/2025 $ 71.80
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 6
Payment
Number Fund Vendor Name Check Date Check Amount
792437 5110 RANDYS TOWING LLC 2/6/2025 $ 50.00
792438 5110 RAY GASKIN SERVICE INC 2/6/2025 $ 2,642.40
792439 0110 Raymond A Hackleman 2/6/2025 $ 4,280.35
792441 4410 RAYMONDS TROPHY AND AWARDS 2/6/2025 $ 100.14 792442 0120 READY REFRESH 2/6/2025 $ 616.27
792443 0110 REFRIGERATION SUPPLIES DIST. INC 2/6/2025 $ 490.38 792444 0110 Reynaldo Leal 2/6/2025 $ 160.00
792445 0110 Richard J Dossey 2/6/2025 $ 62.19
792446 5110 RICHARDS CRANE SERVICE LLC 2/6/2025 $ 1,230.12 792448 0120 Roy M Campos 2/6/2025 $ 172.00
792449 3310 RUETTGERS & SCHULER CIVIL ENG 2/6/2025 $ 10,875.00 792450 1510 SAFEWAY SIGN 2/6/2025 $ 1,022.96
792451 0110 Santiago Baltazar 2/6/2025 $ 114.00
792452 0110 Sean B Morphis 2/6/2025 $ 114.00
792453 5110 SJE DBA PRIMEX 2/6/2025 $ 4,950.00
792454 0110 SMART & FINAL IRIS COMPANY 2/6/2025 $ 495.94 792455 5110 SMITH & SON TIRE INC 2/6/2025 $ 2,045.71
792456 5110 SOLUTIONS 2/6/2025 $ 4,463.73
792457 3350 SQUARE GROVE LLC 2/6/2025 $ 1,311.59
792458 0110 STANDARD PLUMBING SUPPLY DBA FLOYDS 2/6/2025 $ 459.71 792459 0110 STEVE HOLLOWAY PAINTING 2/6/2025 $ 3,900.00 792460 5110 SUBURBAN PROPANE 2/6/2025 $ 2,104.02
792461 0110 SUNBELT RENTALS, INC. 2/6/2025 $ 573.59
792462 0110 SUNRISE ENVIRONMENTAL SCIENTIFIC 2/6/2025 $ 1,138.69 792463 0110 T-MOBILE 2/6/2025 $ 265.00
792464 4210 TELSTAR INSTRUMENTS 2/6/2025 $ 2,550.28
792465 5110 TEN EIGHT TOW INC 2/6/2025 $ 100.00
792467 0110 THE OPEN DOOR NETWORK 2/6/2025 $ 56,673.47
792468 0110 Theodore W King 2/6/2025 $ 114.00
792469 0110 TOTAL WESTERN INCORPORATED 2/6/2025 $ 151,942.05 792470 0140 TRANS-WEST SECURITY INC 2/6/2025 $ 23,627.19 792471 5110 TYACK TIRES INC 2/6/2025 $ 3,437.03
792472 0140 ULINE SHIPPING SUPPLY 2/6/2025 $ 622.51
792473 0110 UNITED REFRIGERATION INC 2/6/2025 $ 350.09
792474 4120 USP TECHNOLOGIES 2/6/2025 $ 5,191.66
792475 0110 VERIZON WIRELESS 2/6/2025 $ 675.00
792476 0110 VERMONT SYSTEMS 2/6/2025 $ 652.81
792477 4120 W M LYLES COMPANY 2/6/2025 $ 48,984.47
792478 0110 WHITE CAP CONSTRUCTION SUPPLY 2/6/2025 $ 75.69 792479 0110 WINSUPPLY BAKERSFIELD 2/6/2025 $ 126.76
792480 4410 WITCHER ELECTRIC INC 2/6/2025 $ 698.32
792481 0140 Zechariah R Garcia 2/6/2025 $ 3,211.00
792482 5110 A T & T 2/13/2025 $ 11,347.84
792483 5110 A T & T 2/13/2025 $ 24,009.56
792484 0110 ASCE MEMBERSHIP 2/13/2025 $ 321.00
792485 0110 BAKERSFIELD CITY EMPLOYEE FEDERAL CREDI 2/13/2025 $ 1,388.50 792486 3140 BURTCH CONSTRUCTION INC 2/13/2025 $ 138,520.50 792489 4120 CALIFORNIA WATER SERVICE 2/13/2025 $ 31,338.98 792490 0110 CITY OF BAKERSFIELD 2/13/2025 $ 6,586.23
792491 0110 CITY OF BAKERSFIELD 2/13/2025 $ 2,476.90
792492 0110 DEPARTMENT OF INDUSTRIAL RELATIONS 2/13/2025 $ 350.00 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 7
Payment
Number Fund Vendor Name Check Date Check Amount
792493 5110 DEPARTMENT OF MOTOR VEHICLES 2/13/2025 $ 5,859.00 792495 0110 EAST NILES COMMUNITY SERVICES 2/13/2025 $ 2,201.90 792496 0110 KERN COUNCIL OF GOVERNMENTS 2/13/2025 $ 7,500.00 792497 4510 KERN COUNTY DEPARTMENT OF AGRICULTURE A 2/13/2025 $ 148.20 792498 4310 KERN DELTA WATER DISTRICT 2/13/2025 $ 76,780.20 792499 0110 LEAGUE OF CALIFORNIA CITIES 2/13/2025 $ 2,096.73 792500 4410 NORTH KERN WATER STORAGE DISTRICT 2/13/2025 $ 10,771.86 792501 0110 OILDALE MUTUAL WATER COMPANY 2/13/2025 $ 45.10 792502 1910 ONE WEST TOURISM ALLIANCE 2/13/2025 $ 875.00 792503 1910 PACIFIC GAS & ELECTRIC COMPANY 2/13/2025 $ 24,066.75 792504 0110 SOCALGAS 2/13/2025 $ 604.36
792505 4310 SOCALGAS 2/13/2025 $ 834.39
792506 0110 T-MOBILE 2/13/2025 $ 338.97
792507 4210 WESTEC INC 2/13/2025 $ 150.00
792509 5110 ADVANCED DISTRIBUTION CO 2/13/2025 $ 6,612.88 792511 5110 AERIAL INSPECTION SERVICE 2/13/2025 $ 6,050.00 792515 0110 BAKER SUPPLIES AND REPAIRS 2/13/2025 $ 7,735.93 792518 0110 BRADY INDUSTRIES 2/13/2025 $ 6,355.87
792520 3350 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 2/13/2025 $ 8,425.48 792522 5110 FAST UNDERCAR LLC 2/13/2025 $ 2,000.82
792524 4120 FERGUSON ENTERPRISES INC 2/13/2025 $ 10,882.76 792527 4410 FRUIT GROWERS LABORATORY INC 2/13/2025 $ 4,958.00 792530 5110 GOLDEN STATE PETERBILT 2/13/2025 $ 20,428.01 792533 5110 GRAINGER INC, W W 2/13/2025 $ 2,939.73
792535 3120 GRANITE CONSTRUCTION INC 2/13/2025 $ 372,266.51 792540 4510 HOME DEPOT 2/13/2025 $ 6,584.18
792542 5110 JIM BURKE FORD 2/13/2025 $ 2,000.54
792546 0110 KERN TURF SUPPLY 2/13/2025 $ 23,512.13
792548 0110 KILLIAN PEST CONTROL 2/13/2025 $ 1,855.00
792550 4310 LOWES HOME IMPROVEMENT 2/13/2025 $ 4,423.61 792552 5110 O'REILLY AUTO PARTS 2/13/2025 $ 592.90
792554 4210 PREMIER VALLEY TRANSPORT INC 2/13/2025 $ 29,258.30 792562 4310 STINSON STATIONERS 2/13/2025 $ 27,711.36
792564 0120 SUNRUN INSTALLATION SERVICES, INC-REFUN 2/13/2025 $ 1,608.00 792569 4410 VESTIS SERVICES LLC 2/13/2025 $ 4,821.88
792570 5110 Aaron M Ponce 2/13/2025 $ 450.00
792571 5110 ADVANCE MOBILE SECURITY 2/13/2025 $ 653.80
792572 0140 ADVANCED DATA STORAGE INC 2/13/2025 $ 195.00 792573 1860 AECOM TECHNICAL SERVICES INC 2/13/2025 $ 17,927.00 792574 5110 AEP CALIFORNIA LLC 2/13/2025 $ 13,801.99
792575 5110 AFFINITY TRUCK CENTER 2/13/2025 $ 49.33
792577 0110 Alejandro Patino 2/13/2025 $ 503.00
792578 0110 Alexander J Clark 2/13/2025 $ 795.00
792579 5110 ALFREDOS TIRE AND AUTOMOTIVE 2/13/2025 $ 574.60 792580 4510 ALPHA & OMEGA GARDENING INC 2/13/2025 $ 9,969.75 792581 4120 ALPHA WELDING 2/13/2025 $ 1,500.00
792582 5110 ALTEC INDUSTRIES INC 2/13/2025 $ 98.62
792583 5110 ALUMINUM CHUCK WAGON 2/13/2025 $ 11,537.76
792584 0140 AMAROK LLC 2/13/2025 $ 8,197.53
792585 0110 AMERICAN FABRICATION 2/13/2025 $ 1,591.28
792586 3110 AMERICAN INCORPORATED 2/13/2025 $ 717,300.00 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 8
Payment
Number Fund Vendor Name Check Date Check Amount
792587 4210 AMERICAN INTERNATIONAL ENVIRONMENTAL 2/13/2025 $ 29,292.09 792588 1110 AMERINATIONAL COMMUNITY SERVICES INC 2/13/2025 $ 369.27 792589 0140 Anthony E Valdez 2/13/2025 $ 177.00
792591 5110 APPLIED LNG TECHNOLOGIES LLC 2/13/2025 $ 1,875.14 792592 5110 ARCHIVESOCIAL 2/13/2025 $ 9,588.00
792593 0110 ASELA ENVIRONMENTAL INC 2/13/2025 $ 46,647.19 792594 5110 AUTO TECH AND SMOG 2/13/2025 $ 2,904.51
792595 5110 AUTOMOTIVE ENGINEERING 2/13/2025 $ 1,270.14 792596 5110 AUTOZONE STORES INC 2/13/2025 $ 2,293.43
792597 0110 AWP SAFETY 2/13/2025 $ 4,768.50
792598 0110 B & B SURPLUS 2/13/2025 $ 347.75
792599 0110 B S & E COMPANY INC 2/13/2025 $ 359.03
792600 0110 BACSCO 2/13/2025 $ 724.46
792601 0120 BAKERSFIELD CALIFORNIAN 2/13/2025 $ 982.18
792602 0140 BAKERSFIELD DOWNTOWN BUSINESS ASSOCIATI 2/13/2025 $ 20,000.00 792603 0110 BAKERSFIELD IRRIGATION 2/13/2025 $ 1,474.35 792604 1740 BAKERSFIELD RUBBER STAMP CO 2/13/2025 $ 266.30 792605 1170 BAKERSFIELD SENIOR CENTER 2/13/2025 $ 1,616.45 792606 5110 BAKERSFIELD TRUCK CENTER 2/13/2025 $ 20.20
792607 0110 BARNES WELDING SUPPLY 2/13/2025 $ 700.43
792608 5110 BARNETT'S TOWING SERVICE INC 2/13/2025 $ 150.00 792609 5110 BAVARIAN AUTO 2/13/2025 $ 3,148.51
792610 4510 BUDGET BOLT INC 2/13/2025 $ 502.01
792611 0120 BUILDERS SERVICES NETWORK - REFUND 2/13/2025 $ 230.00 792612 0140 C A L E D 2/13/2025 $ 2,085.00
792613 1210 C A RASMUSSEN INC 2/13/2025 $ 42,235.00
792614 5110 CAL VALLEY EQUIPMENT INC 2/13/2025 $ 2,077.51 792615 5110 CALIFORNIA FUELS & LUBRICANTS 2/13/2025 $ 92,368.44 792616 4210 CALIFORNIA HIGHWAY ADOPTION CO 2/13/2025 $ 49,562.52 792617 1860 CALIFORNIA PARTNERSHIP FOR SAFE COMMUNI 2/13/2025 $ 6,000.00 792618 3160 CEN-CAL CONSTRUCTION INC 2/13/2025 $ 32,964.69 792619 5110 CENTRAL CALIFORNIA POWER INC 2/13/2025 $ 1,230.36 792620 4120 CHAMPION HARDWARE 2/13/2025 $ 658.85
792621 1810 Chase Z Hammons 2/13/2025 $ 211.00
792622 5110 CHESTER AVENUE BRAKE & SUPPLY 2/13/2025 $ 1,743.55 792623 0110 Christian E Flores 2/13/2025 $ 86.00
792624 0110 CHRISTMAS DECOR 2/13/2025 $ 32,826.20
792625 1110 Christopher R Hinds 2/13/2025 $ 168.00
792626 1170 CIRCLE OF LIFE DEVELOPMENT 2/13/2025 $ 4,804.80 792627 4410 CLARK PEST CONTROL INC 2/13/2025 $ 90.00
792629 0110 COMMUNITY ACTION PARTNERSHIP 2/13/2025 $ 29,623.44 792630 1860 COMPASSION CHRISTIAN CENTER 2/13/2025 $ 18,487.93 792631 1740 COMPLETE PAPERLESS SOLUTIONS 2/13/2025 $ 2,845.88 792632 1450 CONTACT SECURITY INC 2/13/2025 $ 16,763.04
792633 0110 CREATIVE FINANCIAL STAFFING LLC 2/13/2025 $ 2,231.25 792634 4120 CRIDER CONSTRUCTION INC 2/13/2025 $ 2,200.00 792635 0140 CRITTERS WITHOUT LITTERS 2/13/2025 $ 26,160.00 792636 5110 CUMMINS SALES AND SERVICE 2/13/2025 $ 137.07 792637 0110 CURTIS ELECTRICAL CONSTRUCTION 2/13/2025 $ 23,008.00 792638 0110 CVIN LLC DBA VAST NETWORKS 2/13/2025 $ 1,199.00 792639 5110 DAVES FLEET MAINT & TOWING INC 2/13/2025 $ 100.00 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 9
Payment
Number Fund Vendor Name Check Date Check Amount
792640 6110 DAVID GLIDDEN - REFUND 2/13/2025 $ 80.00
792641 0140 DELL MARKETING L P 2/13/2025 $ 26,681.87
792642 1510 DISPENSING TECHNOLOGY CORP 2/13/2025 $ 4,967.67 792643 0110 DR RONALD OSTROM 2/13/2025 $ 1,000.00
792644 4110 DXP ENTERPRISES INC 2/13/2025 $ 1,128.05
792645 5110 E J WARD INCORPORATED 2/13/2025 $ 267.37
792646 0140 EL POPULAR INC 2/13/2025 $ 247.50
792647 5110 ELBERT DISTRIBUTING 2/13/2025 $ 81.84
792648 4110 ELECTRIC MOTOR WORKS INC 2/13/2025 $ 758.84 792649 0110 ERNEST PACKING SOLUTIONS INC 2/13/2025 $ 2,490.18 792650 1510 FASTENAL COMPANY 2/13/2025 $ 1,882.91
792651 5110 FEDEX 2/13/2025 $ 191.59
792652 0110 FFP FUND VI P2 PROJECTCO3 LLC 2/13/2025 $ 7,618.86 792653 5110 FLEET SERVICES TOWING INC 2/13/2025 $ 50.00 792654 5110 FRANK J ZAMBONI & CO INC 2/13/2025 $ 7,794.93 792655 5110 FRED CUMMINGS MOTORSPORTS INC 2/13/2025 $ 27.00 792656 1860 GARDEN PATHWAYS INC 2/13/2025 $ 13,357.37
792657 0110 GARDENERS SUPPLY INC 2/13/2025 $ 1,345.55
792658 3160 GENERAL TREE SERVICE INC 2/13/2025 $ 1,040.63 792660 5110 GOLDEN EMPIRE TOWING INC 2/13/2025 $ 269.00 792661 1810 GRAYBAR ELECTRIC COMPANY 2/13/2025 $ 221.93 792662 0110 Greg Lee 2/13/2025 $ 516.00
792663 1170 GRID ALTERNATIVES CENTRAL VALLEY INC 2/13/2025 $ 4,529.03 792664 5110 H & S BODY WORKS & TOWING 2/13/2025 $ 100.00 792665 5110 HADDAD DODGE 2/13/2025 $ 599.27
792667 3120 HARKER STRIPING INC 2/13/2025 $ 49,479.14
792668 4210 HDR ENGINEERING INC 2/13/2025 $ 13,952.76
792669 0110 HENRIETTA WEILL MEMORIAL CHILD GUIDANCE 2/13/2025 $ 730.29 792670 3120 HIGHSTREET IT SOLUTIONS LLC 2/13/2025 $ 6,369.33 792671 0110 HOME DEPOT PRO 2/13/2025 $ 3,245.00
792672 4120 Husain I Ali 2/13/2025 $ 241.00
792673 0110 ICF JONES & STOKES INC 2/13/2025 $ 1,108.15 792674 0110 IRON MOUNTAIN 2/13/2025 $ 176.24
792675 1860 JAMES NARDUCCI DBA AMESTOY HOTEL 2/13/2025 $ 7,063.99 792676 0110 JAN-PRO CLEANING SYSTEMS 2/13/2025 $ 1,558.30 792677 0140 Jared C Diederich 2/13/2025 $ 349.00
792678 0140 Jason A Cater 2/13/2025 $ 464.23
792679 0140 Jennifer M Byers 2/13/2025 $ 168.00
792680 6110 JEREMY WILLER CONSTRUCTION INC - REFUND 2/13/2025 $ 1,368.00 792681 5110 JERRY & KEITHS INC 2/13/2025 $ 2,720.07
792682 0110 Jessica N Golden 2/13/2025 $ 168.00
792683 5110 JIM BURKE FORD-EQ 2/13/2025 $ 72,508.36
792684 5110 JIM BURKE LINCOLN MERCURY 2/13/2025 $ 3,004.19 792685 5110 JIMS TOWING INC 2/13/2025 $ 100.00
792686 0110 JOE O'GRADY 2/13/2025 $ 650.00
792687 1810 John B Bishop 2/13/2025 $ 203.94
792688 1810 John P Billdt II 2/13/2025 $ 250.00
792689 5110 Johnathen J Bejarano 2/13/2025 $ 97.40
792690 0110 Jorge Godinez 2/13/2025 $ 232.00
792691 1740 JORGENSEN & CO 2/13/2025 $ 1,245.19
792692 0140 JOSES ORNAMENTAL SUPPLY INC 2/13/2025 $ 2,389.86 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 10
Payment
Number Fund Vendor Name Check Date Check Amount
792693 0110 JULIE PARKER COMMUNICATIONS 2/13/2025 $ 1,375.00 792694 5110 K & R TOWING 2/13/2025 $ 50.00
792695 0110 KELLAR EQUIPMENT 2/13/2025 $ 10,825.00
792696 5110 KELLAR EQUIPMENT HOSE AND REPAIR INC 2/13/2025 $ 9,789.81 792697 1910 Kelly Kathleen Sloan 2/13/2025 $ 341.98
792698 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792699 0120 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792700 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792701 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792702 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792703 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792704 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792705 0120 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792706 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792707 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792708 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792709 6110 KERN COUNTY CLERKS 2/13/2025 $ 4,173.50
792710 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792711 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792712 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792713 6110 KERN COUNTY CLERKS 2/13/2025 $ 50.00
792714 0110 KERN COUNTY FIRE DEPARTMENT 2/13/2025 $ 136,746.14 792715 5110 KERN COUNTY SUPERINTENDENT OF SCHOOLS 2/13/2025 $ 88,986.16 792716 0140 KERN ECONOMIC DEVELOPMENT CORPORATION 2/13/2025 $ 5,000.00 792717 5110 KERN MACHINERY INC 2/13/2025 $ 2,815.44
792718 4210 KERN REFUSE DISPOSAL, INC 2/13/2025 $ 345,597.82 792719 3110 KIMLEY HORN & ASSOCIATES INC 2/13/2025 $ 8,281.00 792720 0110 KWIK SIGNS INC 2/13/2025 $ 390.35
792721 1810 Kyle J Buratto 2/13/2025 $ 211.00
792722 0140 L N CURTIS & SONS 2/13/2025 $ 1,501.28
792723 0110 LAWSON PRODUCTS INC 2/13/2025 $ 179.30
792725 5110 LEHR 2/13/2025 $ 269,733.92
792726 6110 LONI O'DONLEY 2/13/2025 $ 46.80
792727 0110 LOOP ELECTRIC INC 2/13/2025 $ 35,290.00
792728 0110 Lorena I Gregory 2/13/2025 $ 503.00
792729 4210 LOS DOS HERMANOS TRASH CREW LLC 2/13/2025 $ 16,500.00 792730 5110 LUCKY SPOT AUTO BODY & PAINT 2/13/2025 $ 2,104.77 792732 4310 M & S SECURITY SERVICES 2/13/2025 $ 1,944.00 792733 5110 MAGNET FORENSICS 2/13/2025 $ 5,250.00
792734 5110 MAR-CO EQUIPMENT CORP 2/13/2025 $ 581.78
792735 0110 Matthew A Patrick 2/13/2025 $ 464.00
792736 1910 Matthew W Billingsley 2/13/2025 $ 175.28
792737 0110 MEMORIAL OCCUPATIONAL MEDICINE 2/13/2025 $ 2,424.00 792738 0140 Mercedes J Mayers 2/13/2025 $ 222.00
792739 0110 MERCHANTS PRINTING & ENVELOPE 2/13/2025 $ 1,326.07 792740 4110 MEYER CIVIL ENGINEERING INC 2/13/2025 $ 13,679.70 792742 5110 MICHELIN NORTH AMERICA INC 2/13/2025 $ 15,745.89 792743 0110 MINUTEMAN PRESS 2/13/2025 $ 1,565.45
792744 1450 MJS SOLUTIONS LLC 2/13/2025 $ 12,616.00
792745 0110 MONROE SYSTEMS FOR BUSINESS 2/13/2025 $ 67.21 792746 3120 MOORE IACOFANO GOLTSMAN INC 2/13/2025 $ 54,596.20 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 11
Payment
Number Fund Vendor Name Check Date Check Amount
792747 5110 MOTION INDUSTRIES INC 2/13/2025 $ 1,415.50
792748 5110 MOTOR CITY SALES & SERVICE 2/13/2025 $ 56,716.23 792749 5110 MOTOROLA SOLUTIONS INC 2/13/2025 $ 711.55
792750 5110 MUNICIPAL MAINTENANCE EQUIP INC 2/13/2025 $ 1,206.75 792751 0110 NATIONAL BAND & TAG 2/13/2025 $ 2,208.30
792752 0140 NATIONAL SKI PATROL SYSTEM INC 2/13/2025 $ 660.00 792753 1810 Navejot Badhesha 2/13/2025 $ 127.00
792754 0140 Nayeli Y Franco 2/13/2025 $ 168.00
792755 0110 NISHIKAWA PROPERTY MAINTENANCE INC 2/13/2025 $ 16,971.40 792756 1520 NV5 INC 2/13/2025 $ 109,227.00
792757 0110 OFFICE1 2/13/2025 $ 389.17
792758 4210 OLD RIVER FARMING COMPANY I LLC 2/13/2025 $ 51,803.71 792759 3110 ORDIZ MELBY INC 2/13/2025 $ 23,040.00
792760 5110 Oscar Najera 2/13/2025 $ 2,000.00
792761 6310 P & A ADMINISTRATION SERVICES INC 2/13/2025 $ 18,713.36 792762 1510 PACIFIC PRODUCTS & SERVICES LLC 2/13/2025 $ 8,990.45 792763 5110 PARKHOUSE TIRE INC 2/13/2025 $ 1,524.62
792764 3160 PARSONS TRANSPORTATION GROUP INC 2/13/2025 $ 101,703.17 792765 5110 Patrick E Cruz 2/13/2025 $ 800.00
792766 5110 PAYLESS TOWING 2/13/2025 $ 100.00
792767 5110 PB LOADER MANUFACTURING CO 2/13/2025 $ 151.21 792768 0110 PEOPLE FACTS LLC 2/13/2025 $ 16.67
792769 5110 PERFORMANCE TRUCK REPAIR 2/13/2025 $ 418.32 792770 0110 PET WASTE ELIMINATOR BFT 2/13/2025 $ 1,472.20 792771 0140 PIONEER PAINT 2/13/2025 $ 290.44
792772 0110 POWER BUSINESS TECHNOLOGY LLC 2/13/2025 $ 63.57 792773 0110 POWERSTRIDE BATTERY CO INC 2/13/2025 $ 65.42 792774 0110 Priscilla C Martinez 2/13/2025 $ 287.40
792775 0110 PRO CLEANER UPPERS 2/13/2025 $ 3,333.33
792776 5110 QCS QUICK CUSTOM SIGNS 2/13/2025 $ 279.85
792777 5110 QUINN COMPANY INC 2/13/2025 $ 4,761.20
792778 1450 RAILWORKS TRACK SERVICES INC 2/13/2025 $ 15,985.00 792779 5110 RANDYS TOWING LLC 2/13/2025 $ 150.00
792780 5110 RAY GASKIN SERVICE INC 2/13/2025 $ 14,084.95 792781 0110 RAYMONDS TROPHY AND AWARDS 2/13/2025 $ 174.74 792783 0140 READY REFRESH 2/13/2025 $ 295.11
792784 0110 REFRIGERATION SUPPLIES DIST. INC 2/13/2025 $ 161.15 792785 6110 REGINA SHELTON DBA 2 QUEENS FITNESS 2/13/2025 $ 74.75 792786 0120 RIC ENERGY & ELECTRIC - REFUND 2/13/2025 $ 60.00 792787 3110 RLH FIRE PROTECTION 2/13/2025 $ 3,059.35
792788 0110 Ryan K Kroeker 2/13/2025 $ 299.00
792789 0110 S C ANDERSON INC 2/13/2025 $ 1,035,653.85
792790 0140 SAN DIEGO LANDSYSTEMS LLC 2/13/2025 $ 15,110.00 792791 5110 SAN JOAQUIN TIRES & WHEELS 2/13/2025 $ 1,529.11 792792 0140 Santiago Baltazar 2/13/2025 $ 349.00
792793 0110 SCP DISTRIBUTORS LLC 2/13/2025 $ 893.06
792794 4310 SIERRA HYDROGRAPHICS 2/13/2025 $ 32,363.74
792795 0110 SIGLER INC 2/13/2025 $ 1,886.86
792796 0110 SMART & FINAL IRIS COMPANY 2/13/2025 $ 253.80 792797 5110 SMITH & SON TIRE INC 2/13/2025 $ 1,093.64
792798 0110 SPARKLETTS 2/13/2025 $ 1,197.30
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 12
Payment
Number Fund Vendor Name Check Date Check Amount
792799 3120 SPERIDIAN TECHNOLOGIES 2/13/2025 $ 9,584.00 792800 4110 STANDARD PLUMBING SUPPLY DBA FLOYDS 2/13/2025 $ 68.64 792801 4210 STARS AND STRIPES 2/13/2025 $ 11,720.00
792802 5110 SUBURBAN PROPANE 2/13/2025 $ 1,936.63
792803 5110 SULLY & SON HYDRAULICS INC 2/13/2025 $ 2,320.82 792804 4310 SUNSHINE CLEANING SERVICES 2/13/2025 $ 950.00 792805 0110 SWEANEY INC 2/13/2025 $ 11,730.40
792806 5110 SYMPRO INC 2/13/2025 $ 5,894.06
792807 0110 T-MOBILE USA 2/13/2025 $ 115.00
792808 0110 TARGET SPECIALTY PRODUCTS 2/13/2025 $ 12,243.40 792809 3110 TDG ENGINEERING INC 2/13/2025 $ 1,285.00
792810 4110 TEL TEC SECURITY SYSTEM INC 2/13/2025 $ 548.61 792811 4210 TELSTAR INSTRUMENTS 2/13/2025 $ 1,335.91
792812 5110 TEN EIGHT TOW INC 2/13/2025 $ 50.00
792813 0110 TENNANT COMPANY 2/13/2025 $ 280.28
792814 0110 THE MISSION AT KERN COUNTY 2/13/2025 $ 47,172.96 792815 0110 THE OPEN DOOR NETWORK 2/13/2025 $ 54,061.61 792816 0140 Theodore W King 2/13/2025 $ 349.00
792817 5110 THREE-WAY CHEVROLET 2/13/2025 $ 46.18
792818 0110 Timothy A Berchtold 2/13/2025 $ 157.69
792819 0110 TK ELEVATOR 2/13/2025 $ 6,273.26
792820 6180 TODD GROUNDWATER 2/13/2025 $ 4,066.55
792821 4510 TRANS-WEST SECURITY INC 2/13/2025 $ 7,863.29 792822 4210 TRINITY CONSULTANTS 2/13/2025 $ 798.00
792823 5110 TRINITY SAFETY COMPANY 2/13/2025 $ 1,266.53 792824 5110 TYACK TIRES INC 2/13/2025 $ 423.75
792825 1810 Tyler J Beeson 2/13/2025 $ 100.50
792826 0110 U S BANK CM-9703 2/13/2025 $ 3,000.00
792827 0110 U.S. BEHAVIORAL HEALTH PLAN 2/13/2025 $ 1,514.54 792828 5110 ULINE SHIPPING SUPPLY 2/13/2025 $ 97.93
792829 6110 UNITED CONCORDIA DENTAL PLANS OF CA 2/13/2025 $ 4,487.75 792830 0110 UNITED REFRIGERATION INC 2/13/2025 $ 280.98 792831 4120 USP TECHNOLOGIES 2/13/2025 $ 23,547.05
792832 1450 V3 COMPANIES LTD 2/13/2025 $ 10,792.41
792833 1910 VANGUARD CLEANING SYSTEMS INC 2/13/2025 $ 616.75 792834 0110 VENTURI ENTERPRISES INC 2/13/2025 $ 8,040.00 792835 0110 VERIZON WIRELESS 2/13/2025 $ 489.20
792836 4120 VERIZON WIRELESS 2/13/2025 $ 1,832.26
792837 1710 VERRA MOBILITY DBA AMERICAN TRAFFIC SO 2/13/2025 $ 56,802.40 792838 0110 Victor J Huerta Jr 2/13/2025 $ 86.00
792839 4310 VULCAN MATERIALS CO 2/13/2025 $ 24,607.11
792840 4110 WATER TECHNOLOGY OF FRESNO LLC 2/13/2025 $ 1,202.20 792841 4310 WESTAIR GASES & EQUIPMENT INC 2/13/2025 $ 266.07 792842 0110 WESTERN EXTERMINATOR COMPANY 2/13/2025 $ 875.60 792843 4110 WHITE CAP CONSTRUCTION SUPPLY 2/13/2025 $ 703.11 792844 5110 WILLIAMS CLEANING SYSTEMS INC 2/13/2025 $ 71.06 792845 4110 WINSTON WATER SERVICES 2/13/2025 $ 845.00
792846 4410 WITCHER ELECTRIC INC 2/13/2025 $ 8,248.12
792847 0140 WITMER PUBLIC SAFETY GROUP 2/13/2025 $ 751.85 792848 3110 XIT SOLUTIONS 2/13/2025 $ 160,064.66
792849 5110 ZEP MANUFACTURING COMPANY 2/13/2025 $ 4,714.30 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\ 2/13/2025 ORACLE CHECK REGISTER
FROM 1/31/2025 TO 2/13/2025
PAGE 13
Payment
Number Fund Vendor Name Check Date Check Amount
792850 0110 ZOOM IMAGING SOLUTIONS, INC. 2/13/2025 $ 886.09 9998371 5110 DEPARTMENT OF THE TREASURY 2/6/2025 $ 212.04 9998372 0140 DP CAL CORPORATE PLAZA LP 2/6/2025 $ 125,627.39 9998374 0110 CARD CHAMP 2/13/2025 $ 15.00
9998375 0110 U S BANK 2/13/2025 $ 4,119.03
9998376 0110 VERMONT SYSTEMS 2/13/2025 $ 781.56
TOTAL $ 11,969,771.53
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\2.26.25\
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent – Payments and Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: February 13, 2025
SUBJECT: Receive and file department agreements over $40,000 and under $100,000 executed between January 31, 2025
and February 13, 2025.
RECOMMENDATION:
Staff recommends receiving and filing the report.
BACKGROUND:
In accordance with Bakersfield Municipal Code Chapter 3.20 the Finance Director must report other financial reports required to indicate the financial condition of the city periodically to the City Council. In conjunction with changes to Bakersfield Municipal Code Section 3.20, an informational report was requested to provide documentation of contracts between $40,000 and $100,000 to increase transparency and measure the effectiveness of the changes in contract authority threshold amounts.
FISCAL IMPACT:
$90,000.00
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Department Agreements report 2.26.25
Document Number Name Subject Amount Date Miscellaneous Information DS25-004 Diamond H
Hauling
Abate all violation on
each property
described on exhibit A
$40,000.00 2/4/2025
CM24-021(1) Lance, Soll &
Lunghard LLP
Amendment to
compensation and
extend term for
continued service
$50,000.00 2/6/2025
$90,000.00
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: February 14, 2025
SUBJECT: Resolution establishing the Proposition 47 Local Advisory Committee [Document Description]
RECOMMENDATION:
Staff recommend adoption of the resolution.
BACKGROUND:
In October 2024, the Community Vitality Unit was awarded a Proposition 47 Grant from the State of California’s Board of State and Community Corrections in the amount of $1,999,374. The Proposition 47 Grant was established to support mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system
As a requirement of the grant, the City must establish a Proposition 47 Local Advisory Committee (LAC).
The LAC must include a broad range of stakeholders from within the effected community, with appropriate experience and expertise in the programs to be implemented with Proposition 47 grant funding.
To meet this requirement, the City leveraged the Bakersfield Kern Regional Homeless Collaborative (BKRHC) Executive Board and the Brundage Lane Navigation Center (BLNC) Referral Network members to serve on the committee. Once established, an open recruitment process will be conducted, and three (3) members of the community will also be appointed to serve on the LAC.
Members of the LAC will have the opportunity to provide valuable input on the Proposition 47 grant program’s implementation, ensuring it effectively meets the needs of the community. The LAC will play a crucial role in advising City staff by identifying challenges, shaping service delivery recommendations, and offering insights to maximize the impact of the grant. However, the LAC will serve solely in an advisory capacity and does not have decision-making authority over program operations or funding allocations.
FISCAL IMPACT:
Due to the fact, the City has obtained Proposition 47 Grant, those funds are providing for the services to be rendered on these activities. Therefore, no fiscal impact to the City General Fund with the establishment of the Proposition 47 Local Advisory Committee.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Resolution
2. Exhibit A
RESOLUTION NO. ___________________
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD ESTABLISHING THE LOCAL
ADVISORY COMMITTEE FOR THE STATE OF
CALIFORNIA BOARD OF STATE AND
COMMUNITY CORRECTIONS (BSCC)
PROPOSTION 47 GRANT PROGRAM
WHEREAS, the Bakersfield City Manager’s Office was awarded a grant by the BSCC Proposition 47 Grant Program; and
WHEREAS, the grant will be utilized by the Community Vitality Initiative to establish intensive case management services for high utilizers of homeless services and fund comprehensive re-entry services; and
WHEREAS, the BSCC requires that the City of Bakersfield establish a Proposition 47 Local Advisory Committee (LAC) that includes local stakeholders who have experience and expertise in the programs and/or services being implemented by the grant; and WHEREAS, Section 2.02.020 of the Bakersfield Municipal Code authorizes the City Council to establish the LAC; and
WHEREAS, the LAC shall remain in place for six months following the grant funding period, through December 31, 2028; and
WHEREAS, the proposed membership of the LAC for the duration of the grant period is to consist of a diverse demographic cross section of applicable local stakeholders represented by the Executive Board of the Bakersfield Kern Regional Homeless Collaborative (BKRHC), the City’s Referral Network, and three community members to be selected through an open process and appointed by, the LAC; and WHEREAS, in the event of a resignation by a community member, the vacancy will be filled using the same open process; and
WHEREAS, the LAC will advise on ongoing implementation of the grant program; and
WHEREAS, this resolution establishes and sets the composition of the Proposition
47 LAC, its purpose, the terms of office and defining the scope of the LAC responsibilities and other related matters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and incorporated herein.
2. The City Council hereby establishes the Proposition 47 LAC, and sets forth its purpose, the composition, terms of office, and scope of responsibilities as described in Exhibit A to this resolution.
3. This resolution shall become effective immediately upon its passage and adoption.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________, by the following vote:
AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
____________________________________________
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: _______________________
________________________________
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
ASHLEY ZAMBRANO
Deputy City Attorney II
Attachments: Exhibit “A”
EXHIBIT “A”
CITY OF BAKERSFIELD
PROPOSITION 47 LOCAL ADVISORY COMMITTEE
1. Name of Committee
This committee shall be called the Proposition 47 Local Advisory Committee (the LAC).
2. Purpose
The LAC serves to advise on ongoing implementation of the Proposition 47 Grant Program.
3. Business Office
The LAC business office shall be located at the City of Bakersfield, City Clerk’s Office, 1600 Truxtun Avenue, Bakersfield, California 93301.
4. Duties & Activities
The LAC is formed to receive updates and advise on Proposition 47 Grant Program implementation, to provide feedback on strategies and services being funded through the Grant, to approve the Local Evaluation Plan, and to appoint members of the public through an open process. The LAC shall remain in place six months following the grant funding period, through December 31, 2028.
5. Committee Members
a. The LAC shall consist of nine (9) representatives of the Bakersfield-Kern Regional Homeless Collaborative, three (3) representatives of the City’s Referral Network; three (3) community members; and one (1) non-voting LAC Coordinator as appointed by the City Manager or designee. LAC members shall be appointed and serve for the duration of the grant funding period.
b. Members shall be at least 18 years of age.
c. The LAC may remove any LAC member for any reason by a simple majority vote. d. The LAC shall hold public meetings in compliance with the Brown Act.
6. Compensation/funding
There is no monetary compensation for serving on the LAC, and the LAC shall not have any form of budget for any purpose.
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Phil Burns, Development Services Director
DATE: February 13, 2025
SUBJECT: Property Abatement Resolution for February 2025 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.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on February 10, 2025, by the City Manager designee and all proposed charges were confirmed. The subject properties listed in Exhibit A and Exhibit B (attached) were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris, and waste matter and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed in Exhibit A and Exhibit B.
The owners of the listed properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed in Exhibit A and Exhibit B were abated under the direction of the Code Enforcement Manager. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution.
FISCAL IMPACT:
Results of this action places expenditures for abatements and staff cost recovery on the tax role for each Code case on an individual property where the cost has not been paid. Revenue from this action is received in the future from the County of Kern Tax Collector and placed into the general fund.
COUNCIL GOAL:
Community Character & Quality of Life
Neighborhood Vitality
ATTACHMENTS:
1. Resolution
2. Exhibit A
3. Exhibit B
4. Declaration
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF
THE REPORT OF THE CODE ENFORCEMENT MANAGER REGARDING
ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD
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.
WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" and Exhibit “B” were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and
WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and
WHEREAS, this assessment proceeding was duly noticed and a public hearing held on February 10, 2025, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and
WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield:
1. That the Code Enforcement Manager caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A" and Exhibit “B” and made a part hereof by this reference.
2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit “A” and Exhibit “B” are hereby confirmed.
3. The cost of the abatement on the properties as described in Exhibit "A" and Exhibit “B” are hereby made a lien and special assessment against said properties and the Code Enforcement Manager is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1(b)-(c).
4. The assessments enumerated herein are not subject to Proposition 218.
5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1(c).
6. That the property owners named in said Exhibit "A" and Exhibit “B” may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1600 Truxtun Avenue, Bakersfield, California, at any time prior to the time the 2 lien imposed under Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below.
7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" and Exhibit “B” are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein.
----------o0o----------
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________________, by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, 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
KAREN GOH
MAYOR
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:
ASHLEY ZAMBRANO
Deputy City Attorney II
2/10/25
EXHIBIT “A”
REPORT AND ASSESSMENT LIST
FOR WHICH DANGEROUS BUILDINGS
HAVE BEEN DEMOLISHED
APN PROPERTY ADDRESS PROPERTY OWNER COST TO
DO WORK
ADMIN
COST
TOTAL
COST
WARDS
1. 009-311-06-00-8 426 Chester Ave
24-00003734
Salomon & Janie Olvera
PO BOX 60126
Bakersfield, CA 93386
$0 $428 $428 2
2/10/25
EXHIBIT “B”
REPORT AND ASSESSMENT LIST FOR STRUCTURES
THAT HAVE BEEN SECURED AGAINST ENTRY
OR DECLARED SUBSTANDARD OR FOR
ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER
APN PROPERTY ADDRESS PROPERTY OWNER COST TO
DO WORK
ADMIN
COST
TOTAL
COST
WARDS
1. 023-281-04-00-8 2515 Agate St
24-0000219
Annie L. Slaughter
2515 Agate St.
Bakersfield, CA 93304
$499 $904 $1,403 1
2. 018-350-02-00-7 228 Clyde St
24-00004835
William R Edmonds
3601 Redlands Dr
Bakersfield, CA 93306
$396 $1,041 $1,437 2
3. 010-321-27-00-2 116 L St
24-00004731
Maria E Owens
116 L St
Bakersfield, CA 93304
$0 $173 $173 2
4. 015-220-06-00-0 1021 Niles St
24-00004977
Igelsia De Jesucristo Palabra
De Vida Eterma
27152 Cabrera Ave
Santa Clarita, CA 91350
$0 $173 $173 2
5. 167-051-14-00-9 2108 Padre St
24-00003974
David Lopez Melendez
2108 Padre St
Bakersfield, CA 93307
$2,250 $1,675 $3,925 2
6. 011-200-01-00-1 1031 Terrace Way
24-0000259
Jesus V Acosta
1031 Terrace Wy
Bakersfield, CA 93304
$1,469 $1,041 $2,510 2
7. 018-061-05-00-9 1409 E 10th St
24-00004262
Jaime A Molinero
1409 E 10th St
Bakersfield, CA 93307
$0 $428 $428 2
8. 126-020-60-00-7 2617 Haley St
24-0000355
Tacos El Superior Holdings LLC
1123 W L-14 Ave
Lancaster, CA 93534
$320 $904 $1,224 3
9. 383-151-24-00-3 3218 Kaibab Ave
24-00005081
Desiree Sandoval & Jose
Celio
3218 Kaibab Ave
Bakersfield, CA 93306
$0 $173 $173 3
10. 451-030-28-00-9 9628 Rosedale Hwy
24-00004520
Williams Woods & Mary
Corinth Tr
1 CVS Dr
Woonsocket, RI 02895
$499 $1,041 $1,540 4
11. 528-122-21-00-7 12311 Verdelho Ave
24-00005408
Christopher & Heather
Mountain
12311 Verdelho Ave
Bakersfield, CA 93312
$0 $173 $173 4
12. 512-451-14-00-1 8608 Beau Maison Wy
24-00005519
Shenauda Ashamalla
8608 Beau Maison Wy
Bakersfield, CA 93311
$0 $173 $173 5
13. 522-162-02-00-2 13004 Birkenfeld Ave
24-00004619
Steven J & Tasha S Claus
13004 Birkenfeld Ave
Bakersfield, CA 93314
$0 $173 $173 5
14. 522-594-20-00-3 12405 Crystal Cove
Ave
24-00005312
Mohd A Wani
12405 Crystal Cove Ave
Bakersfield, CA 93311
$0 $173 $173 5
15. 394-201-12-00-2 9703 Stonewood Ct
24-0000387
Mohammed Okoh
9703 Stonewood Ct
Bakersfield, CA 93311
$0 $173 $173 5
APN PROPERTY ADDRESS PROPERTY OWNER COST TO
DO WORK
ADMIN
COST
TOTAL
COST
WARDS
16. 409-281-15-00-2 331 Via Esperanza
24-00005387
Jazmin Salvador & Salvador
Lopez
2245 E White Ave, Apt A
Fresno, CA 93701
$0 $173 $173 5
17. 355-362-20-00-4 6404 Manchester Ln
24-00003756
Armando & Maria Rivera
6404 Manchester Ln
Bakersfield, CA 93309
$2,500 $1,675 $4,175 6
18. 392-112-13-00-2 9008 Thurber Ln
24-0000441
Juan J Vazquez
9008 Thurber Ln
Bakersfield, CA 93311
$0 $173 $173 6
19. 498-051-06-00-9 8000 Cold Creek Ct
24-00004339
Pedro Heredia & Cinthia N
Montellano
8000 Cold Creek Ct
Bakersfield, CA 93313
$420 $1,041 $1,461 7
20. 515-251-31-00-3 6903 Vanilla Ct
24-00005371
Ronald Bundy & Deena
Nelson
6903 Vanilla Ct
Bakersfield, CA 93313
$1,105 $1,933 $3,038 7
21. 514-020-16-00-9 9601 Wible Rd
24-00003877
Garfield Beach CVS LLC
PO BOX 1610
Cockeysville, MD 21030
$3,135.45 $904 $4,039.45 7
ADMINISTRATIVE REPORT
MEETING DATE: January 22, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: February 5, 2025
SUBJECT: Annexation 722 Ashe No. 13
Resolution approving an application to the Kern County Local Agency Formation Commission to annex territory into the City located along the east side of Ashe Road, generally between Romero Road and Engle Road. Use of a Notice of Exemption will also be considered. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the resolution
BACKGROUND:
Annexation Project Summary. The resolution proposes an application to LAFCo for the annexation of territory into the City of Bakersfield known as Annexation No. 722 (Ashe No. 13). The territory is adjacent to the City limits and is within the City’s Sphere of Influence boundary.
Annexation Project Description. Annexation No. 722 encompasses approximately 82.1 acres located along the east side of Ashe Road, generally between Romero Road and Engle Road. The parcels have a General Plan designations of R-IA (Resource - Intensive Agriculture), HMR (High Medium Residential), LR (Low Density Residential), and GC (General Commercial) and are City pre-zoned A (Agricultural), R-2 (Small Lot Single-Unit Dwelling), R-1 (Single-Unit Dwelling), and C-2 (Regional Commercial). This annexation was initiated by Swanson Engineering Inc. on behalf of the majority property owner, Raymond Roselle.
Public comment. One of the property owners sent an email opposing the annexation as she believed the applicant misrepresented her. Staff explained that the applicant applied for his parcels and, by request from the City, included her property as that is required by LAFCo as to not create a County island. Staff also mentioned to the property owner by phone and through email that she will have the opportunity to oppose the annexation when LAFCo holds a public hearing to determine if all parcels shall be annexed or not. A copy of the email is attached.
Land Uses. The project sites contain a few ranches, with no current plans to develop the property.
Surrounding land uses are predominantly agricultural (east, south, and west) with undeveloped land to the north.
Ward Inclusion. If the annexation is approved, the territory will be located in Ward 7.
Environmental Review and Determination. Staff has determined that the proposed annexation is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15319(a), because the proposal is for annexation of the territory and this action will not have a significant effect on the environment.
Exchange of Property Tax. The exchange of property tax revenues for this annexation is covered under the Master Tax Split Agreement (Memorandum of Understanding 15-277) between the City of Bakersfield and the County of Kern.
FISCAL IMPACT:
The proposal includes a request to adopt a resolution to submit an application to LAFCo to annex property into the City. The requested annexation will allow the applicant to obtain sewer and water services from the City. The cost for the annexation application and process is within the Departments Fiscal Year 2024- 25 budget.
COUNCIL GOAL:
Economic Opportunity for All
Reliable Infrastructure
ATTACHMENTS:
1. Resolution of Application with Exhibits
2. Public comment
RESOLUTION NO.
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO.
722, LOCATED ALONG THE EAST SIDE OF ASHE ROAD,
GENERALLY BETWEEN ROMERO ROAD AND ENGLE
ROAD (WARD 3).
WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the annexation to the City of Bakersfield of the hereinafter-described territory, pursuant to Section 56654 of the Government Code of the State of California; and WHEREAS, the proposed annexation territory is within and consistent with the City of Bakersfield Sphere of Influence boundary; and
WHEREAS, the City of Bakersfield agrees to annex the territory located along the east side of Ashe Road, generally between Romero Road and Engle Road.; and WHEREAS, the City agrees to serve the territory upon annexation; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows:
1. The above recitals, incorporated herein, are true and correct.
2. That the City of Bakersfield hereby proposes the annexation to the City of Bakersfield of the territory in Exhibit A and shown on map marked Exhibit B for the project attached hereto, and made a part of this resolution as though fully set forth herein, located along the east side of Ashe Road, generally between Romero Road and Engle Road.
3. That a plan for providing services within the affected territory of the proposed annexation, in accordance with the provisions of Section 56653 of the Government Code, is marked as Exhibit C, attached hereto and made a part hereof as though fully set forth herein.
4. That this proposal for change of organization, to wit, annexation, is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and it is requested that proceedings be authorized for annexation in accordance therewith.
5. That the reasons for the proposed change of organization are that some owners of the affected territory desire to receive municipal services from the City of Bakersfield.
6. That the laws and regulations relating to the preparation of a notice of exemption as set forth in the California Environmental Quality Act have been duly followed.
7. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to Section 56046 of the Government Code.
8. That the territory proposed for annexation as described herein has been determined to not have 100% property owners consenting toannexation.
9. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence boundary.
10. That the names of the officers of the City of Bakersfield who are to be furnished with copies of the Executive Officer’s Report and who are to be given mailed Notice of Hearing, if any, are:
Julie Drimakis
City Clerk
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Christian Clegg
City Manager
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Virginia Gennaro
City Attorney
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
11. That the appropriate City officials shall file the (10) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 5300 Lennox Street, Suite 303, Bakersfield, and CA 93309.
---------o0o--------
2 I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, 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:
VIRGINIA GENNARO, CITY ATTORNEY
By
VIRIDIANA GALLARDO-KING
DEPUTY CITY ATTORNEY
EXHIBITS:
A – Legal Description
B – Map
C – Plan for Services
S:\03_Advance Planning\03_Annexations\03_Active\722 - Ashe No. 13\Res_Ord\ROA 3 PLAN FOR PROVIDING SERVICES
SERVICE
Only provide information
on services authorized
for applying district.
CURRENT PROVIDER
Agency Which Presently
Provides Services
BEGIN DATE
City/District Will Provide Services
FINANCED
Indicate How Services Provided by City/District will
be Financed (i e , general tax rate or special
Upon assessment
Annexation
Future Date
(Specify)
Plan to Provide Services
S:\ANNEXATION\Form Docs\01-Plan for Providing Services Form Updated 7/21/2022
EXHIBIT C
County of Kern General Tax Revenues/Fire Fund County of Kern User Fee & Private Development City of Bakersfield Water Resources User Fee County of Kern General Tax Revenues County of Kern General Tax Revenues County of Kern N/A County of Kern Sheriff & California Highway Patrol General Tax Revenues County of Kern General Tax & Gas Tax Revenues County of Kern General Tax & Gas Tax Revenues County of Kern General Tax Revenues County of Kern General Tax Revenues County of Kern User Fee Fire Protection Sewage Water Planning Parks & Recreation Library Police Protection Street/Curb/Sidewalk Maintenance Street Sweeping Street Lighting Flood Solid Waste Other Other Other Other ✔ ✔
✔
✔
✔
✔
✔
✔
✔
Please provide the following information, when applicable, only for services which will be provided by the applicant City/District.
SERVICE
.
LOCATION
Indicate location from which service will
be provided (i.e., nearest fire station,
library, etc.)
SERVICE LEVEL CAPACITY
Indicate frequency and availability of service (i.e. street sweeping, emergency services response time, recreation
programs, etc.)
Plan to Provide Services
S:\ANNEXATION\Form Docs\01-Plan for Providing Services Form Updated 7/21/2022 County Fire Station No. 53
9443 Taft Hwy
provided on a 24-hour basis City of Bakersfield Sewer Treatment Plant No. 3 6901 McCutchen Road
Services will be on a regular basis and "as needed". City of Bakersfield Water Resources 1000 Buena Vista Road
Services will be on a regular basis and "as needed". City of Bakersfield Development Services 1715 Chester Ave
Office Hours: 8 a.m. to 5 p.m., Monday - Friday City of Bakersfield Recreation and Parks 1600 Truxtun Avenue
Existing neighborhood Parks (City, County & NORSD) are open to the public at reasonable hours.
City of Bakersfield Police Department
1601 Truxtun Avenue
24 hour patrol is provided in the immediate vicinity of this annexation. First priority response is approximately 7 minutes or less.
City of Bakersfield Police Department
1601 Truxtun Avenue
Services will be on a regular basis and "as needed". City of Bakersfield Police Department 1601 Truxtun Avenue Services will be on a regular basis and "as needed". City of Bakersfield Corporation Yard 4101 Truxtun Avenue
Services will be on a regular basis and "as needed". City of Bakersfield Corporation Yard 4101 Truxtun Avenue
Services will be on a regular basis and "as needed". City of Bakersfield Corporation Yard 4101 Truxtun Avenue Refuse pickup is once or twice a week. Kern County Library System Beale Memorial 701 Truxtun Ave Existing libraries are open to the public at reasonable hours. Fire Protection Sewage Water Planning Parks & Recreation Police Protection Street/Curb/ Sidewalk Maintenance Street Sweeping Street Lighting Flood Solid Waste Library Other Other Other From: Tracy
To: Yazid Alawgarey
Subject: Re: City of Bakersfield Planning Dept: Your request Date: Wednesday, January 22, 2025 2:41:39 PM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Thank you for the update. I just do not believe the application should be considered as it includes my property either under false pretenses or an error.
Cammy
On Tue, Jan 21, 2025, 10:52 AM Yazid Alawgarey <[email protected]> wrote:
Good morning Tracy,
Your email will be forwarded to our City Council along with our staff report once we submit the Annexation application for their review. I will keep you posted on the progress.
Yazid Alawgarey | Assistant Planner
Development Services Department
City of Bakersfield
email: [email protected]
web: www.bakersfieldcity.us
phone: 661-326-3191
From: Tracy <[email protected]>
Sent: Tuesday, January 14, 2025 12:14 PM
To: Yazid Alawgarey <[email protected]>
Subject: Re: City of Bakersfield Planning Dept: Your request CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hi. That corner piece should not be in the application. Whoever did the application used lies and fraud to complete the application as it not approved by the owners. The application should be denied with my property included. If they said it was approved it was flasified and I would like signatures saying they had permission. In addition, there's another APN on the same property that is not included and would be affected by this as well. There is a separate mobile home on the lot that has its own APN and not including it makes it not only a falsification and makes it incomplete. What do i need to do here? Cammy
On Thu, Jan 9, 2025, 4:35 PM Yazid Alawgarey <[email protected]> wrote:
Good afternoon Cammy,
I have attached the map showing the streets the City has planned for the future and I have marked your parcel. I have attached an image of what the current City zoning around you is and an image of what the future City zoning will be if the annexation occurs.
Attached you will find the documents submitted to us for the annexation. You will be received a letter from LAFCO (Local Agency Formation Commission) regarding the annexation in which you will have the opportunity to oppose the project. Please let me know if you have any further questions or concerns.
Yazid Alawgarey | Assistant Planner
Development Services Department
City of Bakersfield
email: [email protected]
web: www.bakersfieldcity.us
phone: 661-326-3191
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Gregory Pronovost
DATE: February 14, 2025
SUBJECT: Cybersecurity products and services with Tec-Refresh
1. Resolution authorizing the Finance Director to dispense with bidding for purchase of Tec-Refresh products and services
2. Agreement with Tec-Refresh for purchase of cybersecurity products and services not to exceed $704,248.41
RECOMMENDATION:
Staff recommends approval of the resolution and agreement BACKGROUND:
Technology use within our organization is increasing steadily, permeating all lines of business, including those that historically have not been technology users. We must adapt our efforts to combat increasing ongoing threats to our systems and data. Cyberattacks are becoming more frequent and sophisticated, and government agencies are increasingly targeted by ransomware, phishing, and advanced persistent threats. Any organization alone is outnumbered and overwhelmed by cybercriminal activity's sheer volume and relentless nature. We must partner with cybersecurity agencies for collaboration and information sharing to help us stay one small step ahead of those who wish to do us harm.
The Technology Services Department (TSD) maintains technology and cybersecurity infrastructure for the City organization. Current security hardware is aging and is due for replacement. A 2023 organizational assessment by Moss Adams found, “The TSD has many firewalls nearing [end of life]. Managing and replacing hardware firewalls can be disruptive, expensive, and cause downtime. The TSD should explore the use of software-based firewalls where possible. Using software-based firewalls to filter traffic between networks can provide robust filtering while reducing cost, procurement time, and administrative burden on TSD staff.” The purchase of the cybersecurity products from Tec-Refresh outlined in the agreement lays the foundation to address this portion of the organizational assessment and provides additional cybersecurity services to reinforce our current efforts to protect the city’s data and technical assets.
Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the City, and to the City’s economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency with the last 36 months or is one that is still current and active.
Tec-Refresh's products and services meet the criteria set forth in BMC Section 3.20.060(D)(6).
FISCAL IMPACT:
Funds for this purchase were included in Technology Services’ FY2025 budget COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Resolution
2. Agreement
RESOLUTION NO. _________________
A RESOLUTION OF THE BAKERSFIELD CITY
COUNCIL DISPENSING WITH FORMAL
BIDDING PROCEDURES IN THE PURCHASE OF
TEC-REFRESH, INC’S, SOFTWARE AND
SERVICES, AND AUTHORIZING THE USE OF
COOPERATIVE PROCUREMENT CONTRACTS
FOR THE PURCHASE OF TEC- REFRESH, INC’S
HARDWARE, SOFTWARE AND SERVICES.
WHEREAS, the City may enter into cooperative procurement contracts for work, supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(6); and
WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, 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 interest; and
WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the City, and to the City’s economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency with 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.
2. The Council finds that the purchase of Tec-Refresh, Inc’s hardware, software and services necessary for the City’s use 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 purchase 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 Tec-Refresh, Inc’s software, hardware and services.
4. The Finance Director or his designee is authorized to purchase TecRefresh, Inc’s software, hardware and services from Tec-Refresh, Inc pursuant to the terms and conditions of the State of California CMAS contract No. 240160 as may be amended from time to time and including any options to renew that may be exercised by the parties.
5. That in the event certain work, supplies, equipment, or materials needed by the City are available through more than one of these cooperative procurement contracts and within the timeframe required by the City, the Finance Director or his designee shall purchase such work, supplies, equipment, or materials, from the vendor offering the lowest price.
6. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from, the vendors herein. --oo0oo--
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:
YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, 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 ______________________________
VIRGINIA GENNARO
City Attorney
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 1 of 11 S:\Agreements\Palo Alto Networks\Palo Alto-Draft Agrmt Final.Docx Updated – August 15, 2022
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
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 TecRefresh, Inc. a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, CITY desires to contract for a web-based, hosted service to provide CyberSecurity products, Solutions and Services; and WHEREAS, CITY desires to continue using the “Tec-Refresh” hosted service to provide CyberSecurity products, Solutions, and Services for a new three (3) year term pursuant to the terms and conditions of this Agreement.
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: provide CITY a three-year recurring subscription to the “Tec-Refresh” service as set forth in more detail in Exhibit A & B 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 payment of $704,248.41 which shall be paid in three annual installments pursuant to Exhibit B, attached hereto and incorporated by reference herein, as follows:
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1. $350,768.23 in 2025
2. $176,740.09 in 2026
3. $176,740.09 in 2027
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 more than Seven Hundred and Four Thousand, Two Hundred and Forty-Eight Dollars and Forty One Cents $704,248.41for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on February 26, 2028.
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, thirty (30) days before the termination is effective. Upon termination, City shall pay CONTRACTOR all amounts outstanding for work performed prior to the termination becoming 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.
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8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY’s written approval, which shall not be unreasonably withheld. CONTRACTOR reserves all rights to make internal personnel decisions without consulting the City, however, the City retains approval rights for new personnel assigned to the Scope of Work.
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 Docusign Envelope ID: 54E56125-2C1C-458E-A7B1-EF7226ED64DA INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 4 of 11 S:\Agreements\Palo Alto Networks\Palo Alto-Draft Agrmt Final.Docx Updated – August 15, 2022
contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
16. INSURANCE.
16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
16.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
16.1.2 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
16.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
16.1.2.2 Provide products and completed operations
coverage;
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16.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
16.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
16.2 General Provisions Applying to All Insurance Types.
16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
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including other insurance or which is intended to defeat the intent or protection of an additional insured.
16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.
16.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiums which may be required by extensions of the
policies of insurance.
16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors Docusign Envelope ID: 54E56125-2C1C-458E-A7B1-EF7226ED64DA INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 7 of 11 S:\Agreements\Palo Alto Networks\Palo Alto-Draft Agrmt Final.Docx Updated – August 15, 2022
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. Notwithstanding anything to the contrary in this Agreement, the CONTRACTOR’s maximum liability to the CITY under this Agreement shall be the lesser of: 1) the amount actually paid by the CITY to the CONTRACTOR or 2) $704,248.41, inclusive of all attorney’s fees, costs and expenses.
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 Docusign Envelope ID: 54E56125-2C1C-458E-A7B1-EF7226ED64DA INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 8 of 11 S:\Agreements\Palo Alto Networks\Palo Alto-Draft Agrmt Final.Docx Updated – August 15, 2022
request at any time during regular business hours.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
29. MERGER AND MODIFICATION. This Agreement sets forth the entire Docusign Envelope ID: 54E56125-2C1C-458E-A7B1-EF7226ED64DA INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 9 of 11 S:\Agreements\Palo Alto Networks\Palo Alto-Draft Agrmt Final.Docx Updated – August 15, 2022
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: Tec-Refresh, Inc
100 Bayview Circle, Suite 230
Newport Beach, CA 92660
32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
34. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number 27-3186711
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.
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"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD Tec-Refresh, Inc.
By:________________________________ By:_________________________________
KAREN GOH EFREM GONZALES
Mayor President & CEO
APPROVED AS TO CONTENT:
TECHNOLOGY SERVICES DEPARTMENT
By:_______________________________
GREGORY PRONOVOST
Technology Services Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
ASHLEY E. ZAMBRANO
Deputy City Attorney
Insurance:____________
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COUNTERSIGNED:
By:_______________________________
RANDY MCKEEGAN
Finance Director
Attachment: Exhibit A – Master Service Agreement
Exhibit B – Pricing
Docusign Envelope ID: 54E56125-2C1C-458E-A7B1-EF7226ED64DA Created by:
Efrem Gonzales
Tec-Refresh, Inc.
Prepared for:
Chris Dorroh
City of Bakersfield
Exhibit A Docusign Envelope ID: 54E56125-2C1C-458E-A7B1-EF7226ED64DA 2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
Master Services Agreement
This Master Services Agreement (“Agreement”) is effective as of the last date on the signature block (“Effective Date”) and is made between Tec-Refresh, Inc., a California corporation, located at 100 Bayview Circle, Suite 230, Newport Beach, California 92660 (“Tec-Refresh”) and City of Bakersfield, located at 1600 Truxtun Avenue, Bakersfield, CA 93301 (“Client”, and collectively with Tec-Refresh, the “Parties” or a “Party”).
WHEREAS, Tec-Refresh is a Managed Security Services Provider which manages IT services, offer backup and disaster recovery, provides network visibility, security and network infrastructure and offers advisory services, business continuity services and cybersecurity services.
WHEREAS Client desires to engage Tec-Refresh to provide the personnel to perform services as may be set forth on individual Project Work Order(s).
NOW, THEREFORE, in consideration of covenants and agreements contained herein, the parties hereto agree as follows:
1. Services. Tec-Refresh shall, to the best of its abilities, provide the personnel (“Personnel”) and services (“Services”) as may be agreed to between the Parties and as necessary to complete the project work orders (“Project Work Order”), in the form attached as Appendix B hereto, requested by the Client.
a. Personnel. Tec-Refresh will source, assess, engage and select Personnel according to the applicable Project Work Order. Tec-Refresh shall have sole discretion over the personnel used to provide the Services, provided that Tec-Refresh shall consult with Client and ensure that the Personnel are in all cases suitably qualified. Tec-Refresh shall use reasonable efforts to provide the Services through the same personnel for the duration of a Project Work Order, provided that should the same personnel be unavailable to provide Services to Client and not at the option of Tec-Refresh, Tec-Refresh may be entitled to replace such personnel with personnel of equivalent qualification and experience on no less than five (5) business days’ notice to Client. Personnel may include Tec-Refresh’s employees, independent contractors, subcontractors, or agents. If any Personnel of Tec-Refresh is not an employee of Tec-Refresh but a third party engaged by TecRefresh to provide Services to Client (i.e., independent contractors, subcontractors or agents), Tec-Refresh understands and agrees that (i) Tec-Refresh shall at all times remain responsible for the performance of and payment for all work by Personnel; (ii) Client shall have no obligation to such third parties; and (iii) the use of such third parties Personnel shall not cause any increase in fees, costs, and/or expenses that would otherwise be payable under this Agreement.
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
Furthermore, all third parties Personnel providing Services under this Agreement must meet the same requirements and level of experience as required by Tec-Refresh and comply with all terms and conditions of this Agreement, including but not limited to, any obligations of confidentiality and data privacy.
2. Payments.
Payment shall be made to Tec-Refresh, Inc., 10 Stevens Street #190, Andover, Massachusetts 01810, in the amount of $704,248.41 and is due net 30. Payment discount terms include a one (1%) percent discount if the bill is paid within 10 days of receipt.
If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at ten (10%) percent per year, or the maximum percentage allowed under applicable laws, whichever is less.
Client shall pay all costs of collection, including without limitation, reasonable attorney fees, expert witness fees and court costs, whether or not litigation is commenced.
In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Tec-Refresh has the option to treat such failure to pay as a material breach of this Agreement, may stop work on Client’s project until undisputed payment in full is received and/or may cancel this Agreement and/or seek legal remedies.
3. Client Responsibilities.
a. Consistent and Reliable Communication. In many cases Tec-Refresh’s work is time sensitive.
Client will use its best efforts to respond to each communication within forty-eight (48) hours.
Tec-Refresh will have no responsibility for delays caused by Client’s delayed responses in excess of 24 hours and delays in responding to communications may cause Tec-Refresh to reassign its personnel to different projects. Tec-Refresh will require one point of contact during the Project for clarifying requirements for design, key features, service, security, usability and maintenance issues. If there is a delay in communications that prevents Tec-Refresh’s work from being completed, the particular delayed task, and all others relying on it, may be put on hold. b. Client Representative. Client will designate the individual as its representative, authorized to receive communications from Tec-Refresh, and to make decision of its behalf (“Client Representative”). Client will inform Tec-Refresh when Client changes the Client Representative. c. Client Information. Client will only provide Tec-Refresh with information and content that, to the best of its knowledge, does not infringe upon, nor misappropriate any U.S. patent, copyright,
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. trademark or trade secret or other proprietary rights of any third party.
4. Data Processing and Security.
a. The Client will select and maintain all appropriate passwords and change as necessary.
Client agrees to notify Tec-Refresh immediately if Client has any reason to believe that the security of its data has been compromised. Except as set forth in section (b) below, Client will be solely responsible for updating and maintaining all firewalls, virus/malware protection software as is necessary to protect Client’s property.
b. Tec-Refresh shall establish physical and technical safeguards designed to guard against the destruction, loss or alteration of Client’s Personal Data and Personal Information. Without limiting the foregoing, Tec-Refresh shall at all times in connection with this Agreement: (i) maintain and enforce an information security program including administrative, physical and technical security policies and procedures with respect to its processing of Personal Data (as defined below) and Personal Information (as defined below) consistent with commercially reasonable industry practices and standards; (ii) provide technical and organizational safeguards designed to protects against accidental, unlawful or unauthorized access to or use, destruction, loss, or alteration, disclosure, transfer, commingling or processing of such information and ensure a level of security appropriate to the risks presented by the processing of such information and the nature of such information, consistent with commercially reasonable industry practice and standards and (iii) take commercially reasonable efforts to secure its information systems against “hackers” and others who may seek, without authorization to disrupt, damage, modify, access of otherwise use the Personal Data and/or Personal Information contained therein. c. GDPR. If either (i) Directive 94/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data (as defined in the GDPR) and on the free movement of such data (“Directive”), or (ii) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”), are applicable to the Services provided by Tec-Refresh, then the parties will enter into a Data Processing Agreement (“DPA”) that is acceptable to Client and such DPA shall be incorporated herein. For the purposes of GDPR, Client shall be considered the “Controller” and Tec-Refresh shall be considered the “Processor”. Controller will determine the necessity of such an agreement.
d. CCPA. The parties acknowledge and agree that Tec-Refresh may be a service provider for the purposes of the California Consumer Privacy Act (“CCPA”) and may receive Personal
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
Information) from Client pursuant to this Agreement for a business purpose. Tec-Refresh shall not sell or share any such Personal Information. Tec-Refresh shall not access, retain, use, disclose or dispose any Personal Information provided by Client pursuant to this Agreement except as necessary for the specific purpose of performing the services for Client pursuant to the Agreement, or otherwise as set forth in this Agreement or as permitted by the CCPA. The terms “Personal Information,” “service provider,” “sale,” “share”, and “sell” are as defined in Section 1798.140 of the CCPA. Tec-Refresh certifies that it understands the restrictions of this section.
5. Intellectual Property Rights.
a. Tec-Refresh agrees that such information, work product, and other results, systems and information developed by Tec-Refresh and/or Client in connection with such Services (hereinafter referred to collectively as the "Work Product") shall, to the extent permitted by law, be a "work made for hire" within the definition of Section 101 of the Copyright Act (17 U.S.C. 101), and all Work Product shall remain the sole and exclusive property of Client. To the extent that any Deliverable does not constitute a “work made for hire” for Client, Tec-Refresh hereby irrevocably assigns, transfers, and conveys (and agrees to assign, transfer, and convey, without further consideration) to Client, on a worldwide and perpetual basis, all right, title, and interest in and to any and all Deliverables (including all intellectual property rights therein). Tec-Refresh agrees to execute such further documents or take such further actions that may be necessary to register or enforce Client’s intellectual property rights in the Deliverables. Tec-Refresh will assign, and cause all of its Personnel to assign, tall rights, titles, and interests of Tec-Refresh in and to any and all such intellectual property rights of the Work Product to Client. b. Copyright Exceptions: Tec-Refresh may have the right to reuse portions of the created project, as long as the portions are general solutions to common problems and are not specific to the Client’s project, breach any obligations of confidentiality, nor infringe on any of the Client’s intellectual property.
6. Confidentiality. In connection with entering into and performing under this Agreement and each SOW, each Party may receive or have access to commercially valuable technical and nontechnical confidential or proprietary information of the other Party (including confidential or proprietary information of a third party), including information in whatever form, relating to the business of such Party that is not generally known or available to others, including but not limited to, source code and documentation for software, trade secrets, know how, customer lists, pricing strategies, payment terms, the terms of this Agreement and each SOW, marketing and business plans, information concerning such Party’s vendors, and such Party’s contemplated plans, strategies and prospects (“Confidential Information”). Each Party hereby agrees that it will not use or disclose any Confidential Information
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. received from the other Party other than as expressly permitted under the terms and conditions of this Agreement or expressly authorized in writing by the other Party. Each Party will use the same degree of care to protect the other Party’s Confidential Information as it used to protect its own Confidential Information of like nature, but in no circumstances less than reasonable care. Neither Party will disclose the other Party’s Confidential Information to any person or entity other than its officers, principals, employees, and subcontractors who need access to such Confidential Information in order to effect the intent of this Agreement and who are bound by confidentiality and non-use terms no less restrictive that those in this Agreement. The restrictions set forth herein do not apply to Confidential Information that the Receiving Party can demonstrate (a) was known prior to its disclosure by the Disclosing Party; (b) is or becomes publicly known through no wrongful act of the Receiving Party; (c) has been rightfully received from a third party authorized to make such disclosure without restriction; (d) is independently developed by the Receiving Party; (e) has been approved for release by the Disclosing Party’s prior written authorization; or (f) has been disclosed by court order or as otherwise required by law, provided that the party required to disclose information provides prompt advance notice thereof, to the extent practicable, to enable the Disclosing Party to seek a protective order or otherwise prevent such disclosure. The Receiving Party shall promptly inform the Disclosing Party of all unauthorized disclosures of the Confidential Information of the Disclosing Party.
7. Non-Solicitation. During the term of this Agreement and continuing for one (1) year following the termination of the last date of services performed by Tec-Refresh under this Agreement, Client agrees that it will not solicit nor attempt to solicit, divert or hire away any person or otherwise recruit or induce any employee of Tec-Refresh, nor of any the contractors, subcontractors, vendors and/or third party suppliers introduced by Tec-Refresh to Client, to work on any Client project, other third party or to otherwise terminate their employment with Tec-Refresh to work elsewhere. For the avoidance of doubt, general solicitations that do not specifically target the Personnel will not be considered solicitations in breach of this provision.
8. Term; Termination.
a. Term. This Agreement shall be effective upon the date specified at the beginning of this Agreement, and shall remain in force until the last services have been provided by Tech-Refresh to Client, unless otherwise terminated as provided herein, provided, however, that this Agreement shall continue to remain in effect with respect to any Project Work Order already in effect hereunder until such Project Work Orders are themselves terminated or expired and/or performance thereunder is completed. The obligations contained in sections 6 (Confidentiuality), 7 (Non-Solicitation) and 9 (Indemnification) shall survive the termination of this Agreement for a period of four (4) years.
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. b. Termination Without Cause. Either Party may terminate this Agreement by giving at least thirty (30) days’ written notice to the other party.
c. Termination with Cause. Either party may immediately terminate the Agreement for a material breach of the Agreement after a written request to thirty (30) days to cure.
In the event of any termination/cancellation of this Agreement, Tec-Refresh may:
(1) Declare all amounts owed to be immediately due and payable; (2) Enter Client’s premises and repossess all supplies, spare parts and other items supplied by Tec-Refresh hereunder for which payment has not been received; and (3) Cease performance of all Services hereunder without liability to Service Recipient.
The foregoing rights and remedies of each party hereto shall be in addition to all other rights and remedies available to them in law and in equity.
9. Indemnification.
a. By Client. Client agrees to defend, indemnify and hold harmless Tec-Refresh and its affiliates and subsidiaries, and their respective directors, officers, affiliates, employees, personnel, representatives, and agents from any and all liabilities, costs and expenses, including reasonable attorneys' fees, arising from third party claims (“Claims”) related to or arising from: (a) infringement of such third party’s proprietary rights, including U. S. copyright, patent, trade secret and trademark rights; (b) any breach by Client of any material representation, warranty or obligation of Client hereunder.
b. By Tec-Refresh. Tec-Refresh agrees to defend, indemnify, and hold harmless Client and its affiliates and subsidiaries, and their respective directors, officers, affiliates, employees, personnel, representatives, and agents from any allegations related to or arising from: (a) Work Product, deliverables, developed content, or services (other than Client Property) which infringes or misappropriates any U.S. patent, copyright, trademark or trade secret or other proprietary right of such third party, (b) any unauthorized disclosure or loss of Client data or breach of applicable privacy and data security laws by Tec-Refresh, Personnel, or those acting on its behalf; (c) breach of any material provision of this Agreement or any applicable SOW by Tec-Refresh or Personnel; (d) any breach by Tec-Refresh or its Personnel of any material representation, warranty or obligation of Tec-Refresh hereunder.
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. c. Each indemnified Party shall (a) provide prompt written notice of such claim to the indemnifying Party, (b) grant the indemnifying Party the sole right to defend such claim using counsel reasonable acceptable to the indemnified Party, and (c) provide to the indemnifying Party reasonable assistance in such defense.
10. Representations and Warranties.
a. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE
LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND
GUARANTEES WITH RESPECT TO THE TEC-REFRESH SERVICES, SOFTWARE, PRODUCTS,
AND PROGRAMS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR
ORAL OR WRITTEN STATEMENTS BY TEC-REFRESH OR REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION,
AND FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED, AND DISCLAIMED. TEC-REFRESH MAKES NO WARRANTY THAT THE SERVICES OR DELIVERABLES WILL ACHIEVE ANY PARTICULAR CLIENT GOAL OR OBJECTIVE. b. Each Party represents and warrants that: (i) it is an entity duly organized and validly existing under the laws of its state of organization; (ii) it has the rights necessary to grant the licenses and permissions set forth in this Agreement; (iii) the execution of this Agreement and performance of its obligations do not and will not violate any other agreement to which it is a party; (iv) when signed by both parties, this Agreement constitutes a legal, valid, and binding obligation; and (v) it will abide by all Laws applicable to it.
11. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR A PARTY’S INTENTIONAL OR WILLFUL MISCONDUCT, A PARTY’S MATERIAL BREACH OF CONFIDENTIALITY, OR A PARTY’S INDEMNITY OBLIGATIONS ("EXCLUDED CLAIMS"), NEITHER
PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR
INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLIENT’S CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA,
GOODWILL, USE OF MONEY OR USE OF THE PRODUCTS / DELIVERABLES, INTERRUPTION IN
USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER
ASSETS OR FAILURE TO OBTAIN DESIRED RESULTS), ARISING OUT OF BREACH OR FAILURE OF
EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY AND FITNESS, BREACH
OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER USE. EXCEPT FOR EXCLUDED CLAIMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, FOR
EITHER PARTY EXCEED THE FEES PAID BY CLIENT UNDER THE AGREEMENT WITHIN THE ONE
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. (1) MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE OF THE CLAIM(S). The Parties agree that it may be difficult, if not impossible, to accurately determine the amount of damages that may be incurred in the event of any breach by the other Party, accordingly, it is agreed that one (1) month of fees paid in the month immediately prior to the breach, shall constitute the Parties best estimate of damages, and shall be considered as Liquidated Damages for any breach.
12. Mediation. If a dispute arises out of or relates to this Agreement, or its breach, and the parties have not been successful in resolving such dispute through negotiation, the Parties agree to attempt to resolve the dispute through mediation by submitting the dispute to a sole mediator selected by the Parties or, at any time at the option of a party, to mediation by any recognized alternative dispute resolution service with offices in Los Angeles County, California. Each Party shall bear its own expenses and an equal share of the expenses of the mediator and the fees of the mediation service provider. The Parties, their representatives, other participants and the mediator shall hold the existence, content and result of the mediation in confidence. If such dispute is not revolved by such mediation, the Parties shall have the right to resort to any remedies permitted by law. All defenses based on passage of time shall be tolled pending the termination of the mediation.
Nothing in this clause shall be construed to preclude any Party from seeking injunctive relief at any time to protect its rights. A request by a Party to a court for such injunctive relief or other equitable remedies shall not be deemed a waiver of the obligation to mediate.
13. Waiver of Right to Jury Trial. In the event of a dispute, the Party making a claim will be limited to equitable relief and to recovery of damages as limited herein. The Parties irrevocably waive trial by jury in any action, proceeding or counterclaim, whether at law or in equity, brought by either Party.
14. Amendment to Agreement. This Agreement cannot be modified or amended in any way except by a written instrument signed by both parties.
15. Waiver. No forbearance to exercise any rights or privileges under this Agreement or waiver of any breach of any of its terms shall be construed as a waiver of any such terms, rights or privileges, but the same shall continue and remain in full force and effect the same as if no such forbearance or waiver had occurred.
16. Conflict. Should there be any conflict between the terms and conditions of this Agreement and a Project Work Order, this Agreement shall prevail as the valid term and condition.
17. Venue and Jurisdiction. In the event of any dispute hereunder, the courts of Los Angeles County, California shall have exclusive jurisdiction over all such disputes. This Agreement shall be interpreted in accordance with the laws of the State of California applicable to contracts made and
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. performed entirely in California. The Client expressly consents to personal jurisdiction in Los Angeles County, and waives any claim of forum non-conveniens.
18. Validity. Should any provision of this Agreement be held to be void, invalid or inoperative by a court of competent jurisdiction, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
19. Force Majeure.The Parties shall be relieved of their respective obligations under this Agreement during a Force Majeure event. “Force Majeure” means any fire, flood, earthquake, pandemic or other Act of God or public disaster; strike or labor dispute; embargo, riot, war, act of terrorism, insurrection or civil unrest; pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, virus, government order, including stay-at-home orders, or any other cause beyond the reasonable control of the Parties, including any service interruptions by third parties (e.g.: Amazon Web Service or Google Cloud Platform), but excluding any negligence or willful misconduct of the Parties. The Parties shall resume their obligations, and the time for a Party’s performance shall be extended for a period similar to the Force Majeure period.
20. Entire Agreement. This Agreement and the applicable Service Order constitutes the entire agreement between the Parties, and supersedes all prior agreements, representations and understandings of the Parties, written or oral. Contract terms and conditions included in any “click wrap”, “shrink wrap”, or other license agreement that accompanies the Services, on any time sheet approval portal, or provided under any Project Work Order resulting from this Agreement are void and have no effect unless Client specifically agrees to such license terms in writing.
21. Assignment. This Agreement shall not be assigned by either Party without the consent of the other Party.
22. Notices. All notices permitted or required under this Agreement shall be in writing and shall be delivered in person or mailed by first class, registered or certified mail, postage prepaid, to the address of the Party specified in this Agreement or such other address as either Party may specify in writing, or to the email addresses noted herein.
23. Counterparts; Electronic Signature. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Counterparts may be signed and/or transmitted by e-mail of a .pdf document, or using electronic signature technology (e.g., via DocuSign or similar electronic signature technology), and that such signed electronic record shall be valid and as effective to bind
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. the Party so signing as a paper copy bearing such Party’s handwritten signature. The Parties further consent and agree that (1) to the extent a Party signs this Agreement using electronic signature technology, by clicking “SIGN”, such Party is signing this Agreement electronically, and (2) the electronic signatures appearing on this Agreement shall be treated, for purposes of validity, enforceability and admissibility, the same as handwritten signatures.
24. Authority. The undersigned warrant, covenant and represent that each of them is the agent of and has authority to execute and bind their principals to the terms of this Agreement if any such signatory is not a principal executing this Agreement for him or herself.
25. Relationship. Neither the making of this Agreement nor the performance of any provision hereunder shall be construed to constitute either Party or its personnel as the agent, employee or legal representative of the other for any purpose, nor shall this Agreement be deemed to establish a joint venture or partnership between Tec-Refresh and Client or to create any relationship between the parties hereto other than that of independent contracting parties. Tec-Refresh shall have no authority to bind, commit, contract for or otherwise obligate Client in any manner whatsoever.
26. Export Control. Tec-Refresh shall not: (a) permit any third party to access or use the Services; or (b) export any software, technology, or Work Product provided by Tec-Refresh or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, Tec-Refresh shall not permit any third party to access or use the Services or Work Product in, or export such software to, a country subject to a United States embargo (as of the Effective Date, Cuba, Iran, North Korea, Sudan, and Syria).
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
ACCEPTED AND AGREED TO BY THE AUTHORIZED REPRESENTATIVES OF THE PARTIES:
Client: City of Bakersfield
By:
Name: Chris Dorroh
Address: 1600 Truxtun Avenue, Bakersfield, CA 93301
Phone: 661-852-7010
E-Mail: [email protected]
Client Authorized Representative: ( ) Check box if same as above.
Name:
Phone:
E-Mail:
Tec-Refresh, Inc.
By:
Efrem Gonzales
Phone: 909-693-4011
E-Mail: [email protected]
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
Appendix A
Pricing Table 3-Year
This engagement will be conducted as a fixed-rate project (Paid upfront, annually). The total value for the Services pursuant to this SOW shall not exceed $704,248.41 as outlined in Sales Proposal QUO-2025 unless otherwise agreed to by both parties via the project change control procedure, as outlined within. A PCR will be issued specifying the amended value if any changes are needed. This is a 3-Year contract, billed annually broken down below:
Year 1: $350,768.23
Year 2: $176,740.09
Year 3: $176,740.09
The figures are based upon approved professional services to complete deliverables pursuant to this SOW. The Tec-Refresh will provide sufficient resources based on the following functional/rate structure.
Palo Alto Networks 3-Year Quantity Price Subtotal
PAN-PRISMA-ACCESS-MU-LCLENTERPRISE
Prisma Access Mobile User Local Enterprise
Edition includes private app access and
outbound internet security for mobile users,
premium security subscription, 5 service
locations, 2 service connections, and standard
success per mobile user per year.
500 $189.73 $94,865.00
PAN-PRISMA-ACCESS-PREMUSGSUCCESS
For US Government accounts only. Prisma
Access Premium Success
1 $49,505.73 $49,505.73
PAN-PRISMA-ACCESS-MU-ADEMAIOPS
Prisma Access AI-powered Autonomous
Digital Experience Management add-on ,
includes DEM for mobile user to application
monitoring, predictive analytics & Access
Analyzer powered by AI/ML/Formal and
standard customer success per unit
per year.
500 $121.18 $60,590.00
Exhibit B
Docusign Envelope ID: 54E56125-2C1C-458E-A7B1-EF7226ED64DA 2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
PAN-CDL-1TB-USG
Cortex Data Lake with 1TB of storage, 1-year,
includes US Government Premium Support
20 $4,511.80 $90,236.00
PAN-CONSULT-ACCESSQUICKSTART-MOB
QuickStart Service for Prisma Access Mobile
Users ZTNA SIG
1 $19,434.71 $19,434.71
PAN-EDU-TRAINING-100
Training Credit - To be redeemed with
Authorized Training Partners (ATPs)
400 $122.11 $48,844.00
PAN-PA-3410-AIOPS-NGFW-3YR
AIOps for NGFW subscription, 3-year, PA3410.
2 $11,450.41 $22,900.82
PAN-PA-3410-BND-CORESEC-3YR
PA-3410, Core Security Subscription Bundle
(Advanced Threat Prevention, Advanced URL
Filtering, Advanced Wildfire, DNS Security
and
SD-WAN ), 3 years (36 months) term.
2 $37,186.91 $74,373.82
PAN-IOT-ENT-PLUS
Enterprise IoT Security Plus product option.
Should be purchased with IoT Security
subscription.
1 $0.00 $0.00
PAN-PA-3410-IOT-DRDL-3YR
PA-3410, IoT subscription, does not require
data lake,
3 years (36 months) term.
2 $28,254.07 $56,508.14
PAN-SVC-PREMUSG-3410-3YR
For US Government accounts only. Premium
support
3 year prepaid, PA-3410
2 $40,620.38 $81,240.76
PAN-PA-3410
Palo Alto Networks PA-3410 with redundant
AC power supplies.
2 $18,729.53 $37,459.06
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
PAN-XDR-PRO-GB
Cortex XDR Pro for daily ingested GB.
Includes 30 days of ingested data retention,
180 days of alerts and incidents retention and
standard success
100 $0.00 $0.00
PAN-XDR-PREMUSG-SUCCESS
For US Government accounts only. Cortex
XDR Premium Success
1 $0.00 $0.00
PAN-CONSULT-XDR-TB-QS
QuickStart Services for Cortex XDR Pro per
TB
1 $0.00 $0.00
PAN-U42-EOD-24HR-L1
Unit 42 Public Sector Expertise on Demand
Subscription, 24-hour remote response time.
Up to 50 consulting hours.
1 $0.00 $0.00
PAN-CONSULT-DAY-FW
Palo Alto Networks consulting services (per
day) - Minimum 5 days
20 $2,600.00 $52,000.00
PAN-CONSULT-PRJM-DAY-FW
Palo Alto Networks professional services
Project Manager (per day)
5 $2,600.00 $13,000.00
Subtotal $700,958.04
Tax $3,090.37
Shipping $200.00
Total $704,248.41
Please initial that you agree to the price and payment schedule.
Upon completion of this Performance Period, Tec-Refresh and Client will have the option to renew this Agreement for an additional then-stated number of hours at the then-current daily rate for those resources identified.
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
Appendix B
Project Work Order
(Template Form)
Project Name Change Number
Requested By Date of Request
Presented To
Change Name
Description of Change:
Reason for Change:
Effect on Deliverables (including a list of any affected deliverables):
Effect on Organization:
Effect on Schedule (including Estimated Completion Date for this change):
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Effect on Project Cost:
Item Description Hours Dollars
Reduction Increase Reduction Increase
Total Net Change in Cost:
Effect of NOT Approving this Change:
Reason for Rejection (if applicable):
Functional Project Manager
Approved Signature:
Rejected Title: Date:
Tec-Refresh, Inc.
Approved Signature:
Rejected Title: Date:
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
Statement of Work
Palo Alto Networks
City of Bakersfield
Prepared for:
City of Bakersfield
Chris Dorroh
Prepared by:
Tec-Refresh, Inc.
Efrem Gonzales
SOW#: QUO-2025
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
THIS STATEMENT OF WORK (“SOW”) is entered into by and between City of Bakersfield ("Client") and Tec-Refresh, Inc. (“Tec-Refresh”). This SOW is subject to the terms and conditions contained in the Master Services Agreement (“MSA”) between the parties and is made a part thereof. Any term not otherwise defined herein shall have the meaning specified in the MSA. In the event of any conflict or inconsistency between the terms of this SOW and the terms of the MSA, the terms of the MSA shall govern and prevail.
This SOW #QUO-2025 (hereinafter called the “SOW”), effective as of 10/3/2024, is entered into by and between Tec-Refresh and Client and is subject to the terms and conditions specified below. The Exhibit(s) to this SOW, if any, shall be deemed to be a part hereof. In the event of any inconsistencies between the terms of the body of this SOW and the terms of the Exhibit(s) hereto, the terms of the body of this SOW shall prevail.
Term/Schedule
This project is pay in terms NET30
Functional Role Phone Email
Efrem Gonzales - President & CEO 909-694-4010 [email protected] Mike Tammaro - Sales Operations Manager 617-829-9153 [email protected] Stephen Carabajal - Director of Sales 909-366-2066 [email protected] Miguel Martinez - Chief Technology Officer 909-366-5616 [email protected] Cory Holmes - VP of Infrastructure Services 909-366-5615 [email protected] Mike Hang - Director of Managed Services 909-366-2022 [email protected] Jose Ayala - Information Technology Specialist 949-662-2755 [email protected] Project Start Date Project End Date
3/24/2025 3/23/2028
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Scope of Work
Tec-Refresh shall provide the Services and Deliverable(s) as follows: Tec-Refresh will provide engineers to support the creation and deployment of the new network infrastructure consisting of Palo Alto Networks Next-Generation Firewall Infrastructure. Our team will provide engineers for the new configuration and deployment for the established days of professional services.
Phased Implementation Timeline
Phase 1: Planning & Preparation (Days 1-5)
Day 1-2: Requirements Gathering & Environment Review
• Conduct kickoff meeting with the City of Bakersfield team. • Gather detailed network and security requirements.
• Identify networks, services, and VPNs to be migrated. • Review current Cisco ASA firewall rules, NAT policies, VPN settings, and network objects.
Day 3: Migration Strategy & Rollback Planning
• Develop migration strategy, including a step-by-step cutover plan. • Define rollback procedures for minimal downtime and risk mitigation. • Review migration strategy with stakeholders for approval.
Day 4-5: Prepare the Palo Alto PA-3410
• Install and apply the base configuration on the new firewall. • Configure interfaces, zones, and initial security policies. • Enable management access and configure authentication.
Phase 2: Configuration Migration (Days 6-12)
Day 6-7: Translate Cisco ASA Configuration to Palo Alto • Use Palo Alto migration tools to convert existing rules and policies. • Manually refine access control lists, NAT policies, and VPN settings. • Ensure alignment with best security practices.
Day 8-9: Review & Optimize Configuration
• Perform rule base cleanup to eliminate redundant or unused rules. • Optimize security policies for Zero Trust best practices. • Implement recommended Palo Alto security features such as WildFire, URL Filtering, and Threat Prevention.
Day 10-11: Client Review & Pre-Migration Validation
• Conduct configuration review session with the City of Bakersfield team.
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. • Validate configurations in a lab/test environment where possible. • Make final adjustments based on client feedback.
Day 12: Final Pre-Migration Checklist
• Verify rollback procedures.
• Ensure all necessary backups are in place.
• Confirm stakeholder approval for the cutover window.
Phase 3: Migration & Cutover (Days 13-16)
Day 13-15: Firewall Migration & Cutover Execution
• Implement scheduled cutover in the agreed maintenance window. • Migrate configurations to the Palo Alto firewall.
• Validate connectivity, rule enforcement, and VPN functionality.
Day 16: Immediate Post-Migration Validation & Troubleshooting • Conduct initial system health checks.
• Resolve any identified issues in real time.
• Fine-tune configurations based on observed network behavior.
Phase 4: Post-Migration Support & Documentation (Days 17-25) Day 17-20: Full Network Validation & Performance Optimization • Perform extensive testing for all network services, applications, and VPNs. • Address any post-migration issues.
• Optimize performance settings and logging configurations.
Day 21-23: Documentation & Knowledge Transfer
• Provide updated network diagrams and configuration documentation. • Conduct a knowledge transfer session with the City of Bakersfield team. • Deliver troubleshooting guides and key security recommendations.
Day 24 & 25: Final Review & Project Closure
• Conduct a final review meeting with stakeholders.
• Confirm that all objectives have been met.
• Obtain formal project acceptance and closure sign-off Configuration
Migrate existing firewall and network configurations to the new Palo Alto PA-3410 firewall. Additionally, we will ensure the best practices are met on the new configuration to ensure that the City of Bakersfield team is better protected from cybersecurity threats.
• Planning
• Requirements Gathering: Collaborate with the client to gather detailed requirements and identify networks and services to be migrated.
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. • Environment Review: Assess the existing Cisco ASA configuration and the target Palo Alto environment.
• Migration Strategy: Develop a comprehensive migration plan, including a rollback strategy. • Configuration Migration:
• Translate existing Cisco ASA configurations into the Palo Alto format, ensuring that all access control rules, NAT policies, VPN configurations, and network objects are accurately migrated.
• Utilize Palo Alto’s migration tools where applicable to streamline the process and reduce manual errors.
• Customize configurations to align with best practices for security and performance. • Conduct thorough review sessions with the client to verify the accuracy of the migrated configurations.
Migration
• Remote Support: Provide remote assistance during scheduled cutover windows to:
• Migrate configurations and services.
• Validate connectivity and functionality.
• Troubleshooting: Address any issues encountered during the migration.
Post-Migration Support
• Verification: Confirm all networks and services are functioning as expected. • Documentation: Deliver updated network diagrams and configuration documentation. • Support: post-migration support to resolve any unforeseen issues.
Additional services available during this engagement:
Advisory Services
Tec-Refresh will provide advisory services to City of Bakersfield's information technology team to assist with IT related project redesign and recommended best practices. This includes recommended next steps such as backup and disaster recovery with ransomware protection, managed detection and response, next generation endpoint protection, etc.
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
Tuning Services
Assist with tuning to ensure that your firewall and network infrastructure is running at peak performance.
Tuning services may include optimizing firewall rules, configuring policy settings, adjusting security profiles, and fine-tuning network settings to improve overall efficiency and throughput.
Upgrade Services
Assist with upgrading your firewall and network software to the latest version. This includes verifying that your system meets the minimum requirements, backing up your configuration, downloading and installing the new software, and testing to ensure that all features and functions are working correctly.
Troubleshooting Services
Help troubleshoot issues with your firewall and network infrastructure. This includes identifying the root cause of problems, diagnosing network connectivity issues, analyzing system logs and traffic patterns, and working with you to resolve any issues that are affecting the performance or security of your network.
Policy Review
Review your firewall policies to ensure that they are aligned with your organization's security requirements. This includes assessing your current security posture, reviewing your existing policies and rules, identifying areas where policies can be improved, and recommending changes to help mitigate security risks and improve overall protection.
Support
During this project, the Client will have direct access to Tec-Refresh engineers during standard business hours, Monday through Friday 8:00AM to 5:00PM PST. The Client will be able to contact Tec-Refresh engineers via the following methods:
• Email: [email protected]
• Phone: 909.366.5621
• Web: https://tec-refresh.com/support
Deliverable Materials
• Network Diagram
• Physical Topology
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States. • Logical Topology
• Deployment Documentation
• Summary of delivered services
• Recommendations
Assumptions
• The Client agrees to pay in terms NET30.
• The Client will provide access to necessary information regarding the implementation, migration and cutover of the new Palo Alto Firewalls.
• Services will be delivered remotely.
• The Client will provide necessary access to complete agreed upon scope.
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
Project Change Control Procedure
The following process will be followed if a change to this SOW is required:
● A Project Change Request (PCR) will be the vehicle for communicating change. The PCR must describe the change, the rationale for the change, and the effect the change will have on the project. ● The designated Project Manager of the requesting party (Tec-Refresh or Client) will review the proposed change and determine whether to submit the request to the other party. ● Both Project Managers will review the proposed change and approve it for further investigation or reject it. Tec-Refresh and Client will mutually agree upon any charges for such investigation, if any. If the investigation is authorized, the Client Project Managers will sign the PCR, which will constitute approval for the investigation charges. The Tec-Refresh will invoice the Client for any such charges. The investigation will determine the effect that the implementation of the PCR will have on SOW price, schedule, and other terms and conditions of the Agreement. ● Upon completion of the investigation, both parties will review the impact of the proposed change and, if mutually agreed, a change Authorization will be executed. ● A written Change Authorization and PCR must be signed by both parties to authorize the implementation of the investigated changes.
Completion Criteria
Tec-Refresh shall have fulfilled its obligations when any one of the following first occurs:
● Tec-Refresh accomplishes the activities described within this SOW, including delivery to Client of the materials listed in the section entitled “Deliverable Materials,” and Client accepts such activities and materials without unreasonable objections. No response from Client within two business days of deliverables being delivered by Tec-Refresh is deemed acceptance. ● The Tec-Refresh and/or the Client has the right to cancel services or deliverables not yet provided with 10 business days advance written notice to the other party.
2024 Tec-Refresh Corporation. All rights reserved. Tec-Refresh® is a trademark of the Tec-Refresh Corporation in the United States.
Invoice Schedule
The Client will be invoiced for the consulting services and T&L expenses. Standard Contractor invoicing is assumed to be acceptable. Invoices are due upon receipt and services are pay in terms NET30.
The Client will be invoiced all costs associated with out-of-pocket expenses (including, without limitation, costs, and expenses related to meals, lodging, local transportation, and any other applicable business expenses) listed on the invoice as a separate line item. Reimbursement for out-of-pocket expenses in connection with the performance of this SOW, when authorized and up to the limits set forth in this SOW, shall be in accordance with Client’s then-current published policies governing travel and associated business expenses, which information shall be provided by the Client Project Manager. The limit of reimbursable costs pursuant to this SOW is estimated to be 15% of the fees unless otherwise authorized in writing and agreed to by both parties via the project change control procedure outlined within.
Invoices shall be submitted, referencing this Client’s SOW Number to the address indicated above. Each invoice will reflect charges for the time period being billed and cumulative figures for previous periods. Terms of payment for each invoice are NET30. The Contractor shall provide Client with sufficient details to support its invoices, including timesheets for services performed and expense receipts and justifications for authorized expenses unless otherwise agreed to by the parties. Payments for services invoiced that are not received within 30-days from the date of invoice will be subject to a 2% penalty per calendar month.
Invoices shall be mailed to the following contact and address:
Ship to Address:
Bill to Address:
Accounts Payable Contact:
Accounts Payable Email Address:
Accounts Payable Phone Number:
Tax Exempt: (If yes, please upload file) Yes No
Agreed and Accepted:
Tec-Refresh, Inc.
Efrem Gonzales
City of Bakersfield
Chris Dorroh
Terms and Conditions: Net 30
Please remit all purchase orders and invoices to:
Tec-Refresh, Inc.
10 Stevens Street #190
Andover, MA, 01810
United States
1600 Truxtun Avenue Fl 3
Bakersfield, CA 93301
United States
Ship To
Ship To Name City of Bakersfield, CA
1600 Truxtun Ave Fl 3
Bakersfield, California 93301
United States
Bill To
Bill To Name City of Bakersfield, CA
Phone (661) 326-3506
Email [email protected]
Title Director, Technology Services
Contact Name Gregory Pronovost
Phone (617) 829-9617
Email [email protected]
Title Sales Operations Admin
Prepared By Matthew Tammaro
Opportunity Owner Stephen Carabajal
Expiration Date 1/30/2025
Quote # QUO - 2025
100 Bayview Circle, Suite 230
Newport Beach, CA 92660
US
Company Address
Contact Information
Address Information
Product Code Quote Line Item Description Quantity Sales Price Total Price
PAN-PRISMA-ACCESS-MU-LCL-ENTERPRISE
Prisma Access Mobile User Local Enterprise Edition
includes private app access and outbound internet
security for mobile users, premium security subscription, 5 service locations, 2 service connections, and standard success per mobile user per year
500.00 $189.73 $94,865.00
PAN-PRISMA-ACCESS-PREMUSG-SUCCESS For US Government accounts only. Prisma Access Premium Success 1.00 $49,505.73 $49,505.73
PAN-PRISMA-ACCESS-MU-ADEM-AIOPS
Prisma Access AI-powered Autonomous Digital
Experience Management add-on, includes DEM for
mobile user to application monitoring, predictive
analytics & Access Analyzer powered by AI/ML/Formal
and standard customer success per unit per year.
500.00 $121.18 $60,590.00
PAN-CDL-1TB-USG Cortex Data Lake with 1TB of storage, 1-year, includes US Government Premium Support 20.00 $4,511.80 $90,236.00 PAN-CONSULT-ACCESS-QUICKSTART-MOB QuickStart Service for Prisma Access Mobile Users ZTNA SIG 1.00 $19,434.71 $19,434.71
PAN-EDU-TRAINING-100 Training Credit - To be redeemed with Authorized Training Partners (ATPs) 400.00 $122.11 $48,844.00 PAN-PA-3410-AIOPS-NGFW-3YR AIOps for NGFW subscription, 3-year, PA3410 2.00 $11,450.41 $22,900.82 PAN-PA-3410-BND-CORESEC-3YR
PA-3410, Core Security Subscription Bundle (Advanced
Threat Prevention, Advanced URL Filtering, Advanced
Wildfire, DNS Security and SD-WAN ), 3 years (36
months) term
2.00 $37,186.91 $74,373.82
Enterprise IoT Security Plus product option. Should be
Terms and Conditions: Net 30
Please remit all purchase orders and invoices to:
Tec-Refresh, Inc.
10 Stevens Street #190
Andover, MA, 01810
United States
Grand Total $704,248.41
Shipping and $200.00
Handling
Tax $3,090.37
Subtotal $700,958.04
Palo Alto PA3410 (3 Year) w/ Unit 42 + Cortex
Add On & Professional Services
Cost Breakdown:
Year 1: $350,768.23 - Year 1 of subscriptions +
HW, Quickstart, Training, Taxes, Shipping and
Professional Services
Year 2: $176,740.09
Year 3: $176,740.09
TOTAL CONTRACT VALUE: $704,248.41
Memo
Vendor Quote # 0023256161
Axia Cooperative
CONTRACT NUMBER:
240160-12
CONTRACT EXPIRATION:
August 18, 2027
Contract #
PAN-IOT-ENT-PLUS purchased with IoT Security subscription. 1.00 $0.00 $0.00 PAN-PA-3410-IOT-DRDL-3YR PA-3410, IoT subscription, does not require data lake, 3 years (36 months) term. 2.00 $28,254.07 $56,508.14
PAN-SVC-PREMUSG-3410-3YR For US Government accounts only. Premium support 3-year prepaid, PA-3410 2.00 $40,620.38 $81,240.76 PAN-PA-3410 Palo Alto Networks PA-3410 with redundant AC power supplies 2.00 $18,729.53 $37,459.06
PAN-XDR-PRO-GB
Cortex XDR Pro for daily ingested GB.
Includes 30 days of ingested data retention, 180 days of alerts and incidents retention and standard success
100.00 $0.00 $0.00
PAN-XDR-PREMUSG-SUCCESS For US Government accounts only. Cortex XDR Premium Success 1.00 $0.00 $0.00
PAN-CONSULT-XDR-TB-QS QuickStart Services for Cortex XDR Pro per TB 1.00 $0.00 $0.00
PAN-U42-EOD-24HR-L1
Unit 42 Public Sector Expertise on Demand
Subscription, 24-hour remote response time. Up to 50
consulting hours.
1.00 $0.00 $0.00
PAN-CONSULT-DAY-FW Palo Alto Networks consulting services (per day) - Minimum 5 days 20.00 $2,600.00 $52,000.00
PAN-CONSULT-PRJM-DAY-FW Palo Alto Networks professional services Project Manager (per day) 5.00 $2,600.00 $13,000.00
Totals
Certificate Of Completion
Envelope Id: 54E56125-2C1C-458E-A7B1-EF7226ED64DA Status: Sent Subject: Complete with Docusign: Tec-Refresh Final Agrmt.pdf Source Envelope:
Document Pages: 39 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
2/14/2025 8:51:50 AM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bakersfield Location: DocuSign Signer Events Signature Timestamp
Efrem Gonzales
[email protected]
President and CEO
Tec-Refresh, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.147.209.140
Sent: 2/14/2025 8:53:47 AM
Resent: 2/14/2025 11:19:22 AM
Resent: 2/14/2025 11:19:53 AM
Viewed: 2/14/2025 11:27:11 AM
Signed: 2/14/2025 11:28:52 AM
Electronic Record and Signature Disclosure:
Accepted: 2/14/2025 11:27:11 AM
ID: 865c643b-20f2-48be-b11a-29f53df61c91
Gregory Pronovost
[email protected]
Technology Services Director
City of Bakersfield, Technology Services Department
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 174.46.226.5
Sent: 2/14/2025 11:28:56 AM
Viewed: 2/14/2025 11:31:28 AM
Signed: 2/14/2025 11:31:40 AM
Electronic Record and Signature Disclosure:
Accepted: 2/14/2025 11:31:28 AM
ID: f6fea8b7-f9d5-42c1-b256-fedd981ed31a
Jena Covey
[email protected]
RISK MANAGER
Security Level: Email, Account Authentication
(None)
Sent: 2/14/2025 11:31:43 AM
Electronic Record and Signature Disclosure:
Accepted: 2/12/2025 2:02:12 PM
ID: 84c274f6-db28-4379-a624-6eda59d45c52
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/14/2025 8:53:48 AM
Envelope Updated Security Checked 2/14/2025 11:19:21 AM Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
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Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Efrem Gonzales, Gregory Pronovost, Jena Covey Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bakersfield:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
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ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: February 18, 2025
SUBJECT: Dispense with bidding for the purchase of a forklift for the Solid Waste Division in the amount of $180,179.
1.Resolution determining that a forklift can most efficiently be obtained through cooperative procurement bidding procedures from Hyster-Yale Group Material Handling Equipment and Solutions and authorizing the Finance Director to dispense with bidding thereof, not to exceed $108,179 for the Solid Waste Division
2.Appropriate and transfer $92,135 Refuse Enterprise Fund balance to the Public Works Operating Budget within the Equipment Management Fund.
3. Appropriate $16,044 Equipment Management Fund balance to the Public Works Operating Budget within the Equipment Management Fund.
RECOMMENDATION:
Staff recommend adoption of the resolution and approval of the appropriation and purchase BACKGROUND:
This unbudgeted purchase of a forklift for the Solid Waste Division, previously approved by staff, will replace a unit that needs major repairs. It is not economically feasible to proceed with the repairs needed as the cost of the repairs exceeds the value of the unit. The unit meets the criteria for replacement as determined by the Fleet Division and will be replaced with a new unit providing more efficiency.
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 thirtysix months or is one that is still active and valid.
Hyster-Yale Group Material Handling Equipment and Solutions has entered into a competitive procurement contract with Sourcewell to offer discount pricing for their equipment. The delivering dealer will be Pape Material Handling, Bakersfield. Staff recommend adoption of the Resolution to dispense with bidding for the purchase of a forklift from Hyster-Yale Group Material Handling Equipment and Solutions, not to exceed $108,179 for the Solid Waste Division.
FISCAL IMPACT:
This unbudgeted purchase requires full appropriation in the amount of $108,179. An appropriation and transfer of $92,135 from the Refuse Enterprise Fund balance to the Public Works Operating Budget will be necessary to fund the purchase of the unit. Additionally, accumulated funds recovered through rental rates in the amount of $16,044 will need to be appropriated from the Equipment Management Fund balance to the Public Works Operating budget to be used towards the purchase of the unit. Due to the fact that almost 90% of the cost is being covered by the Enterprise Fund, there is little fiscal impact to the City General Fund.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Resolution
2. Quotes
- Page 1 of 3 Pages -
RESOLUTION NO. _________________
A RESOLUTION OF THE BAKERSFIELD CITY
COUNCIL DISPENSING WITH FORMAL
BIDDING PROCEDURES IN THE PURCHASE OF
A HYSTER FORKLIFT FROM PAPE MATERIAL
HANDLING AND AUTHORIZING THE USE OF
COOPERATIVE PROCUREMENT CONTRACTS
FOR THE PURCHASE OF ONE UNIT AS
QOUTED.
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 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; 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 2 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 the same.
4. The Finance Director or his designee is authorized to purchase one Hyster forklift through Sourcewell pursuant to the terms and conditions of Contract No. 053024-HYS with Hyster-Yale Material handling Equipment and Solutions and may be amended from time to time and including any options to renew that may be exercised by Sourcewell. Pape Material Handling, located in Bakersfield, CA, will be the authorized delivering dealer.
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. --oo0oo--
- Page 3 of 3 Pages -
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ____________________________, by the following vote:
YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, 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 ______________________________
VIRGINIA GENNARO
City Attorney
SALES ORDER
BILL TO SIC Code
Company/Contact Name Address
Address City State Zip
City State Zip County
County Customer No. Delivery Date (Est.) Customer No.
Ph. No. Fax No.
Email Cell No.
P.O. NO.
EQUIPMENT
MAKE MODEL
EQUIP. # TRANSACTION INVENTORY
SALE RPO NEW USED RENT
SER #
Description:
Attachments:
Del’y /F.O.B:
TRADE YEAR SERIAL #
MAKE
MODEL
Sales Tax ( )
Lienholder: Total Price
Trade-In Allowance ► Less (Est.) Payoff ► ► Net Trade-In < > Sales Tax ( )
CA Tire Fee
Balance Due
PAYMENT FINANCED ON ACCOUNT CASH/COD
Down Payment
Lease Doc Fees
< >
Amount to Finance
Length of Term
Estimated Payment
WARRANTY
NEW BASIC (DESCRIBE)
NEW EXTENDED (DESCRIBE)
AS IS / NO WARRANTY USED (DESCRIBE)
For terms and conditions visit pape.com/terms
BUYER
(Store Address) Title
City State Zip
By
By By Title
Title Date Date
Version 6/2021
PAPÉ MATERIAL HANDLING | PAPÉ RENTS
$
Ph. No.
REFERENCE NUMBER
Contact Name
SHIP TO Company
If Tax Exempt, Provide Certificate or enter Rate Below
This Sales Order is subject to Papé Material Handling’s Terms and Conditions of Sale effective on the date hereof, which are incorporated in full by this reference. The Terms and Conditions of Sale are available at www.pape.com/terms, and will also be sent by mail or e-mail to Buyer upon request. For each trade-in described herein (if any), Buyer certifies that there is no lien, claim, debt, mortgage or encumbrance of any kind, nature or description against this property now existing, of record or otherwise, and that the same is free and clear and is Buyer’s sole and absolute property except as noted above.
AGREED PRICE
LEASE: MONTHS /MONTH HOURS/YEAR
TELEMETRY:
CONTRACT MAINTENANCE: /MONTH
/MONTH
WA
Only
OR CAT Recovery ( )
SF PMH_SalesOrder_v4
JW11072024COB 9441City of Bakersfield - Bakersfield City of Bakersfield - Bakersfield 2260 South Union Avenue Bakersfield California 93307 Kern (661) 326-3795 (661) 326-3795 [email protected] Jaime Flores Jaime Flores 2260 South Union Avenue Bakersfield California 93307 Kern Hyster J90XN New TBD One (1) new Hyster J90XN matching quote 2024-1197696 $99,934.00 99,934.00 Core Rebate of $15,000.00 once approved with PO number Sourcewell Contract 053024-HYS exp. 7/23/2028 Delivery Included NA NA 99,934.00 NA NA 8.25% 8,244.56 108,178.56 ■ 0.00% 0.00 0.00% 0.00 ■ 12 Months / 2,000 Hours Manufacturer's Warranty, 36 Months/ 6,000 Hours Manufacturer's Powertrain Warranty 34782 Lencioni Ave John Wheelock 108,178.56 108,178.56 Bakersfield CA 93308-9768 Territory Manager 1/302025 ■ ■ Clear Form Clear Formula Jaime Flores
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: January 31, 2025
SUBJECT: Resolution to add Area 4-299
(2105 Eye Street) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director’s Report
Street Tier = 1; Park Tier = 0 (Ward 2)
RECOMMENDATION:
Staff recommends adopting the resolution.
BACKGROUND:
On February 12, 2025, the City Council adopted Resolution of Intention No. 2224 to add Area 4-299 the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. For an area where a park has been constructed and/or street landscaping has already been installed, the area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels during the next annual update. For an area where a park and/or street landscaping has not been installed, the area will be assigned appropriate tier levels when improvements are constructed.
The addition of this area to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property listed above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy subdivision requirements. The owner(s) also have submitted a Proposition 218 ballot indicating consent to the assessment.
In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor-Recorder’s Office upon approval of this resolution.
FISCAL IMPACT:
The revenue from Maintenance Assessment Districts partially supports ongoing maintenance in the districts for the year. There is some General Fund support on an annual basis for the short fall in the CMD revenue collected citywide.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Resolution adding Area 4-299 to the CMD
2. MD 4-299 Exhibit 1-H
RESOLUTION NO. _____________
A RESOLUTION ADDING TERRITORY, AREA 4-299 (2105 EYE
STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT;
APPROVING, CONFIRMING AND ADOPTING THE PUBLIC
WORKS DIRECTOR’S REPORT, THE BOUNDARIES OF THE
ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE
AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH
PARCEL. (WARD 2)
WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director’s Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District (“CMD”). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and WHEREAS, as set forth in the attached Public Works Director’s Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size.
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4-299 (2105 Eye Street) generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and
WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2224 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness
of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4-299, as shown and designated on that certain map entitled “Map and Assessment Diagram for Addition of Territory, Area 4-299 (2105 Eye Street), to the Consolidated Maintenance District, Bakersfield, California,” for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The Council hereby adds territory, Area 4-299 to the CMD and confirms and adopts the Public Works Director’s Report, including the amounts of assessment for each assessed parcel.
3. Exhibits "A" and "B" describe the additional territory.
4. All parcels within this additional territory shall be assessed at an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach – Anaheim /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape
improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above-described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit "E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit “H”) are attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect such assessments.
6. Beginning in the 2024-2025 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the
Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code.
7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and
assessment is approved for the year in question.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GOZALES, WEIR, SMITH, KOMAN, BASHIRTASH, 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:
VIRGINIA GENNARO, CITY ATTORNEY
By _________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit “1” Exhibit "D" Exhibit "H"
Exhibit “A” Exhibit "E"
Exhibit “B” Exhibit “F”
EXHIBIT 1
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-299
Fiscal Year 2024-2025
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2105 Eye Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways within parks now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made.
For many years, public parks, public hardscaped and/or landscaped street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, hardscaping and/or landscaping street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, hardscaping and/or landscaping street median and other street landscaping improvements to be constructed within the City.
Additional territory, as shown in Exhibit "B" is being added to the Consolidated Maintenance District for the maintenance of a park and public hardscaping and/or landscaping street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit “C”) per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price EXHIBIT 1
Index. However, parcels will not be assessed until park and/or street landscaping and/or hardscaping median improvements have been installed. When park and/or street landscape and/or hard-scaping median improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated by the above-described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping and/or hardscaping median improvements are aesthetic enhancement and open space enjoyment.
A public park will benefit all the residential lots and public median, and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, ZACHARY MEYER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2024-2025 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area.
Dated:
ZACHARY MEYER
Public Works Director
City of Bakersfield
Area 4-299
Containing: 0.74 Acres, more or less.
SPR 22-0120
2105 Eye Street Bakersfield California
LEGAL DESCRIPTION
An area located in Section 30, Township 29, Range 28 M.D.B. & M., more particularly described as follows:
EXHIBIT A
BENEFIT FORMULA
The factor for the tier level, which equals the street or tier number. This tier is assigned by the Parks and Recreation department for the entire area of the Consolidated Maintenance District.
Multiplied by
(Tier):
County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A “Consolidated Maintenance District Cost per Tier” as approved by City Council Resolution 019-15. As per the Resolution, “Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles – Riverside – Orange County / All Urban Consumers Consumer Price Index.” Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Parks and Recreation Dept. through separate policy.
The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel.
Multiplied by
(EDU):
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
Each parcel joining the Consolidated Maintenance Districtshall be assessed the amount as defined below:
EXHIBIT C
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Zone EDU's per gross acre
R-1 7.26
R-2 17.42
R-3 34.85
R-4 72.6
E: 4.36
R-S 1.82
R-S-1A 1
R-S-2.5A 0.4
R-S-5A 0.2 Commercial / Industrial / Mixed Use: 6 EDU per gross acre R-S-10A 0.1 Agricultural: 1 EDU per gross acre
Undeveloped ground in its natural state will be assigned EDU’s based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
“It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks.
Nothing shall preclude the city from requesting formation of a maintenance district, or joining a a maintenance district, or updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city."
2. Bakersfield Municipal Code 13.04.022 (a):
“No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-ofway and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver.”
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit.
Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU’s may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use.
EXHIBIT C
Said assessment is made in accordance with the benefit formula attached hereto. 2024-2025
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
MAINTENANCE DISTRICT AREA 4-299
EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2024-2025)
005-441-05-00-5 $0.00
005-441-06-00-8 $0.00
0 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00
FISCAL YEAR 2024-2025
MAINTENANCE DISTRICT AREA 4-299
ASSESSMENT ROLL
EXHIBIT E
EXHIBIT F
EXHIBIT F
EXHIBIT
G
EXHIBIT
H
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Resolution TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: January 31, 2025
SUBJECT: Resolution of Intention No.2225
to add Area 4-301 (1405 E. 9th Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director’s Report Street Tier = 1.5; Park Tier = 1.5 (Ward 2)
RECOMMENDATION:
Staff recommends adopting the resolution of intention.
BACKGROUND:
Written requests have been received by the City Engineer from the owner of the parcel to be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. For an area where a park has been constructed and/or street landscaping has already been installed, the area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels during the next annual update to the consolidated maintenance district. For an area where a park and/or street landscaping has not been installed, the area will be assigned appropriate tier levels when improvements are constructed.
The City of Bakersfield has received a letter from the owner of the property listed above which waived the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy subdivision requirements. The owner has also submitted a Proposition 218 ballot indicating their consent to the assessments.
To provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor‐Recorder's Office upon approval of this Resolution.
Staff recommend the new territory be added to the Consolidated Maintenance District at the next City Council meeting.
FISCAL IMPACT:
The revenue from Maintenance Assessment Districts partially supports ongoing maintenance in the districts for the year. There is some General Fund support on an annual basis for the short fall in the CMD revenue collected citywide.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. ROI 2225 Adding Area 4-301 to the CMD
2. MD 4-301 Exhibits 1-H
RESOLUTION OF INTENTION NO. 2225
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-301 (1405 E. 9th STREET) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY APPROVING,
CONFIRMING AND ADOPTING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 2)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and/or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel;
WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4-301 (1405 E. 9th Street) to the CMD. Said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; an
WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit "1," containing the following:
a) A description of the boundary of the additional territory, attached hereto as Exhibit "A";
b) A map and assessment diagram of the additional territory, attached hereto as Exhibit “B”;
c) The benefit formula attached hereto as Exhibit "C";
d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E";
f) The recorded covenant disclosing inclusion in maintenance district, attached hereto as Exhibit “F”;
g) The proposition 218 ballot signed by the property owner, attached hereto as Exhibit “G”;
h) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit “H”;
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price Index
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GOZALES, WEIR, SMITH, KOMAN, BASHIRTASH, 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:
VIRGINIA GENNARO, CITY ATTORNEY
By: _________________________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit “1” Exhibit "D" Exhibit "H"
Exhibit “A” Exhibit "E"
Exhibit “B” Exhibit “F”
EXHIBIT 1
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-301
Fiscal Year 2024-2025
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1405 E. 9th Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways within parks now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made.
For many years, public parks, public hardscaped and/or landscaped street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, hardscaping and/or landscaping street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, hardscaping and/or landscaping street median and other street landscaping improvements to be constructed within the City.
Additional territory, as shown in Exhibit "B" is being added to the Consolidated Maintenance District for the maintenance of a park and public hardscaping and/or landscaping street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit “C”) per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price EXHIBIT 1
Index. However, parcels will not be assessed until park and/or street landscaping and/or hardscaping median improvements have been installed. When park and/or street landscape and/or hard-scaping median improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated by the above-described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping and/or hardscaping median improvements are aesthetic enhancement and open space enjoyment.
A public park will benefit all the residential lots and public median, and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, ZACHARY MEYER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2024-2025 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area.
Dated:
ZACHARY MEYER
Public Works Director
City of Bakersfield
Area 4-301
Containing: SITE AREA IN ACRES Acres, more or less.
SPR 24-0295
1405 E. 9th Street Bakersfield California
LEGAL DESCRIPTION
An area located in Section 32, Township 29, Range 32 M.D.B. & M., more particularly described as follows:
EXHIBIT A
EXHIBIT A
BENEFIT FORMULA
The factor for the tier level, which equals the street or tier number. This tier is assigned by the Parks and Recreation department for the entire area of the Consolidated Maintenance District.
Multiplied by
(Tier):
County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A “Consolidated Maintenance District Cost per Tier” as approved by City Council Resolution 019-15. As per the Resolution, “Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles – Riverside – Orange County / All Urban Consumers Consumer Price Index.” Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Parks and Recreation Dept. through separate policy.
The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel.
Multiplied by
(EDU):
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
Each parcel joining the Consolidated Maintenance Districtshall be assessed the amount as defined below:
EXHIBIT C
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Zone EDU's per gross acre
R-1 7.26
R-2 17.42
R-3 34.85
R-4 72.6
E: 4.36
R-S 1.82
R-S-1A 1
R-S-2.5A 0.4
R-S-5A 0.2 Commercial / Industrial / Mixed Use: 6 EDU per gross acre R-S-10A 0.1 Agricultural: 1 EDU per gross acre
Undeveloped ground in its natural state will be assigned EDU’s based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
“It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks.
Nothing shall preclude the city from requesting formation of a maintenance district, or joining a a maintenance district, or updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city."
2. Bakersfield Municipal Code 13.04.022 (a):
“No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-ofway and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver.”
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit.
Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU’s may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use.
EXHIBIT C
Said assessment is made in accordance with the benefit formula attached hereto. 2024-2025
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
MAINTENANCE DISTRICT AREA 4-301
EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2024-2025)
018-062-08-00-5 $0.00
0 $0.00
0 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00
FISCAL YEAR 2024-2025
MAINTENANCE DISTRICT AREA 4-301
ASSESSMENT ROLL
EXHIBIT E
EXHIBIT
F
EXHIBIT G
EXHIBIT
G
EXHIBIT
H
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent – Resolutions TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Director
DATE: February 14, 2025
SUBJECT: Job Specification Update and Salary Resolutions 2.26.25
1. Amendment No. 17 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.
2. Amendment No. 9 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.
3. Revised Job Specification: Fire Chief #89400 and Assistant Director of Recreation and Parks #88900 RECOMMENDATION:
Staff recommends adoption of the Resolutions and revised job specifications.
BACKGROUND:
Human Resources oversees the administration of citywide class specifications. Periodically class specifications require updates to reflect changes and/or modernization to reflect current job duties and required minimum qualifications. These updates provide an accurate description of the job duties which is essential in providing candidates a comprehensive overview of positions during recruitment efforts. A summary of new positions and salary changes to support attraction, retention, and operational goals, is summarized below:
• Fire Chief #89400: The last approved update to the specification was made in November of 2009. The position is currently vacant, and the classification was updated to reflect current management competencies, responsibilities, and qualifications of a Fire Chief. Most notably, minimum qualifications were updated to support the attraction of the most qualified applicant pool in the upcoming open recruitment process. The City seeks to identify top applicants with broad knowledge and experience in the field of fire management. There is no salary change with this update or impact to the approved budget. The revised specification was presented to the Fire Civil Service Board at the February 25, 2025 meeting. • Assistant Director of Recreation and Parks #88900: The last approved update to the specification was made in June of 1998. The position is currently vacant, and the classification was updated to reflect current management roles and responsibilities of peer positions within the City in preparation for recruiting for the position. There is no salary change with this update or impact to the approved budget. The revised specification was presented to the Miscellaneous Civil Service Board at the February 18, 2025 meeting.
• Deputy City Attorney II and Assistant City Attorney: The City Council provided direction to the City Attorney to devise and implement a succession plan. One component of such plan is to develop current internal incumbents. In response, the City Attorney will be expanding the scope of duties and assignments for current Deputy City Attorney II positions and recommends increasing such salaries. This will allow the future City Attorney the opportunity to select an Assistant City Attorney. The immediate fiscal impact is an increase of the current salary grade of 5%. Approving the modification to the Deputy City Attorney II pay grade will create internal compaction with the Assistant City Attorney position so a recommended modification to the grade of the Assistant City Attorney of +3.3% is recommended to provide growth opportunities between the two classifications but will not yet be utilized.
This change will be an approximate increase of $23,054, fully benefited, annually. There is no budget request to amend the department budget for FY 24-25. • Wastewater Treatment Plant Operator III: Twelve (12) positions are currently allocated to the Wastewater Division of the Water Department to support wastewater treatment plant processes, equipment operation and maintenance of a wastewater treatment plant. The level-III is a lead and advanced position requiring a Grade III Operator’s Certificate issued by the California State Water Resources Control Board. There is a limited candidate pool for applicants with this skill level and recruitment is highly competitive, resulting in revolving loss of qualified staff to other agencies with higher salaries. In initial review, salary of comparison agencies was approximately
32.8% below the median base rate. While this has improved with recent unit salary increases, approximately 22.3% below, the position is still below market and vacancies persist. At this time the meet and confer process has been concluded and has resulted in a recommendation to increase salary by eleven (11%) percent, shown in the table below.
Step 1 Step 1 Step 3 Step 4 Step 5
Current 31.230 32.808 34.457 36.208 38.048
Proposed 34.665 36.417 38.247 40.191 42.233
These changes represent a salary increase to the authorized complement of approximately $141,696, fully benefited, annually. No additional budgetary allocation is necessary for these changes and there is no addition to the approved headcount.
Approval of the Resolution amendments updates the salary change on the approved salary schedule for the designated units.
FISCAL IMPACT:
Position funding is inclusive of the approved fiscal year 24-25 budget, no additional allocations are being requested and there is no request to amend the current budget.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Fire Chief 89400
2. Assistant Director of Recreation and Parks 88900
3. Resolution No. 098-23 Amend 17
4. Resolution No. 052-23 Amend 9
RESOLUTION NO. _______
AMENDMENT NO. 17 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:
88090 D Assistant City Attorney
Step1 Step 2 Step 3 Step 4 Step 5
$ 90.050 $94.553 $99.280 $104.244 $109.456
88090 D Deputy City Attorney II
Step1 Step 2 Step 3 Step 4 Step 5
$ 73.637 $77.318 $81.186 $85.248 $89.513
2. Except as amended herein, all other provisions of Resolution No. 98-23, together with amendatory resolutions, remain in full force and effect. ----------oOo----------
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, 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:
VIRGINIA GENNARO, CITY ATTORNEY
By _________________________
VIRGINIA A. GENNARO
CITY ATTORNEY of the City of Bakersfield
RESOLUTION NO. _______
AMENDMENT NO. 9 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
WHEREAS, Resolution No. 052-23 sets salaries and related benefits for employees of the Blue and White Collar 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. 052-23 is hereby amended as follows:
1. Resolution No. 052-23 is hereby amended by adding the following class titles to the Blue and White Collar Units:
14430 A Wastewater Treatment Plan Operator III
Step1 Step 2 Step 3 Step 4 Step 5
$34.665 $36.417 $38.247 $40.191 $42.233
2. Except as amended herein, all other provisions of Resolution No. 52-23, together with amendatory resolutions, remain in full force and effect. ----------oOo----------
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER ______________________________________________________________ _ ________________________________
JULIE DRIMAKIS
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 A. GENNARO
CITY ATTORNEY of the City of Bakersfield
CITY OF BAKERSFIELD CLASS SPECIFICATION: 89400
UNIT: MANAGEMENT
EEO4: OFFICIALS/ADMINISTRATORS
CLASS TITLE: FIRE CHIEF
CLASS SUMMARY:
Under administrative direction, of the City Manager, directs all the activities of the Fire Department. Work involves planning, organizing, directing, and coordinating activities of the City’s comprehensive fire services and fire related programs, including administrative and fire command responsibilities, and performs other work as required.
REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of this class. They are descriptive, not limiting.
Essential Duties:
Directs and manages all the divisions of the Bakersfield Fire Department including the administration of programs, policies and procedures and assignment of staff; Monitors developments related to fire service matters, evaluates their impact on the City operations, and implements policy and procedure improvements; Monitors, interprets, and implements applicable City, State and Federal regulations and ordinances;
Responds to major alarms and directs firefighting resources and service activities at the scene of major fires and disasters;
Monitors and directs employee relations and grievance procedures for the Department; Establishes and maintains effective firefighting and fire prevention programs, evaluates operations, and implements improvements when necessary; Develops, controls, and manages the budget for the department; Evaluates the need for and approves the purchase of apparatus and equipment; Plans and recommends proposed locations and construction requirements for fire stations;
Provides for staff development and training programs; Confers with the City Administration and elected officials in the planning and implementation of efficient and effective public safety measures, including disaster preparedness, designed to meet community expectations and needs; Prepare and submit reports and recommendations to the City Manager, City Council, Civil Service Commission, and others as directed;
Participates on a variety of boards, commissions, and professional groups; Serves as a spokesperson for the Fire Department at a variety of community events, meetings, and other public relations activities;
Acts as a liaison between the Fire Department and the general public to ensure the promotion of goodwill, cooperation, and open communications; Participates in training and education to remain current on principles, and practices, and current trends related to fire and emergency services;
Cooperates with other city, county, state, and federal agencies in a variety of fire service matters.
DISTINGUISHING CHARACTERISTICS:
CLASS TITLE: FIRE CHIEF (Continued) 89400
The Fire Chief functions as a department head with responsibility for policy development, program planning, fiscal management, administration, and operational direction of the Fire Department. The incumbent is responsible for accomplishing department objectives and goals within guidelines established by the City Council and City Manager.
MINIMUM QUALIFICATIONS:
Knowledge of:
Principles, practices, procedures, and apparatus used in modern firefighting and in the protection of life and property;
Principles and practices of fire prevention, suppression, containment, rescue, clean-up, and salvage;
Principles of fleet, equipment, and facilities management; Municipal and fire codes, ordinances, City policy, federal, and state regulating entities; Principles and applications of ethics, cultural diversity, socioeconomic status, and discrimination awareness;
Effective management and supervisory practices;
Management and public administrative principles and methods, including strategic leadership, planning, goal setting, program and budget development and implementation;
Related computer applications.
Ability to:
Organize, direct, and coordinate the activities of the Fire Department; Delegate responsibility and schedule work on a long-term basis; Develop and maintain cooperative working relationships with City officials and staff, labor organizations, members of boards and commissions and other fire service agencies;
Establish and uphold the community’s trust while effectively leading and commanding subordinates through Guiding Principles (C.A.R.E.S);
Analyze complex technical and administrative fire services problems, and identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals;
Remain calm, act quickly in emergency situations, and make effective decisions; Provide effective training in all aspects of fire prevention, suppression, and emergency management;
Communicate clearly and concisely, both orally and in writing; Establish and maintain a high level of discipline and morale.
Training and Experience:
A Bachelor’s Degree from an accredited college or university in Business or Public Administration, Fire Science, or related field; AND
Five (5) years of management experience in fire services ; OR Three (3) years of broad and increasingly responsible supervisory experience, demonstrated in assignments other than suppression, and two (2) years in a fire management position.
Licenses, Certificates or Special Requirements:
Possession of a valid California Class “C” driver's license. Must be able to pass a background check.
CLASS TITLE: FIRE CHIEF (Continued) 89400
Possession of a California State Chief Officer Certificate.
Physical Conditions or Special Working Conditions:
Standard office environment and working conditions.
Work with exposure to difficult circumstances, including exposure to dangerous situations.
Ability to, with or without reasonable accommodation, meet required physical abilities per the National Fire Academy Executive Fire Officer Physical Requirements.
Additional Information:
The City of Bakersfield is an Equal Opportunity Employer and supports workforce diversity. We are looking for individuals who represent and will uphold the values of our community. Fire Chief candidates who are professional, are respectful, demonstrate integrity, are dedicated, exude excellence, and possess a passion for public service are highly encouraged to apply. The Bakersfield Fire Department strongly believes that hiring and retaining the best employees provides the best service to the community.
Approved by the Fire Civil Service Board: October 20, 2009 Approved by the City Council: November 4, 2009
Updated to Form: March 11, 2022
Approved by the Fire Civil Service Board: February 25, 2025 Approved by the City Council:
CITY OF BAKERSFIELD CLASS SPECIFICATION: 88900
UNIT: MANAGEMENT
EEO4:
OFFIC
IALS/ADMINI
STRATORS
CLASS TITLE: ASSISTANT DIRECTOR OF RECREATION AND PARKS CLASS SUMMARY:
Under the direction of the Director of Recreation and Parks, assists in the managerial functions for planning, organizing and directing the day-to-day activities of the Recreation and Parks Department; monitors and coordinates all personnel related activities in the department; performs administrative work in planning, management and evaluation of recreation and parks facilities and programs; provides highly responsible and complex administrative assistance to the Director; performs other work as required; acts for the Director of Recreation and Parks as assigned.
REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of this class. They are descriptive, not limiting.
Essential Duties:
Assists the Director of Recreation and Parks in managing department services and activities;
Prepares, reviews, analyzes, and administers annual budget; recommends and administers goals, objectives, policies, and procedures; Researches grant opportunities;
Supervises the operation and use of recreation centers, swimming pools, public parks and other places used in recreational activities;
Directs the care and maintenance of parks, playgrounds, medians, and other public grounds;
Plans designs, constructions, and maintenance parks, medians, streetscapes, facilities, and other City properties;
Administers contracts and concession agreements; stays abreast of new trends and innovations in the recreation and parks field;
Administers monitors and coordinates all personnel related activities including recruitment, selection, training, and evaluation of performance; Oversees safety program;
Prepares and disseminates pertinent information and conducts meetings with community groups or officials to promote public interest and receive input on recreation and parks activities;
Provides staff support to boards, commissions, council, and City officials; Responds to and resolves difficult and sensitive citizen inquiries and complaints.
CLASS TITLE: ASSISTANT DIRECTOR OF RECREATION AND PARKS (continued) 88900 DISTINGUISHING CHARACTERISTICS:
This class is distinguished from the Director of Recreation and Parks in that it has responsibility for day-to-day operations, whereas the Director’s focus is on long-range planning, policy development and liaison activities with local, state, and federal agencies. This class is distinguished from the supervisory category in that the supervisors are responsible for direct supervision of an operational section, whereas the Assistant Director is responsible for all sections within the department.
MINIMUM QUALIFICATIONS:
Knowledge of:
Modern principles of public recreation and park administration and operations; Applicable federal, state, and local laws and regulations; Public administration principles and methods, program, and budget development; Principles and practices of fiscal planning, budget and contract administration; Principles of management and supervision of employees; Computer applications related to work;
Program planning/evaluation and project management.
Ability to:
Plan, organize, administer, and direct a variety of complex Recreation and Parks services and programs;
Analyze information and prepare appropriate recommendations; Assist with the development and implementation of department goals, recommend policies and internal controls, analyze complex technical and administrative problems; As directed by the Director or Recreation and Parks, may act as liaison to all City departments/divisions and local, state federal agencies, boards, etc.; Manage and prioritize multiple tasks with competing timelines; Meet critical project timelines;
Prepare clear and concise reports, both written and oral; Develop, monitor, and control a budget;
Manage, direct, and coordinate the work of department staff; Communicate articulately, both orally and in writing; Establish effective working relationships with both staff and the public; Training and Experience:
Graduation from an accredited college or university with a bachelor’s degree in Business or Public Administration, Recreation Administration, Park Administration, Horticulture; or a closely related field; AND
Five (5) years in recreation and parks management or related managerial experience OR;
An equivalent combination of training and experience which provides the capabilities to perform the described job duties.
Licenses, Certificates and Special Requirements:
Possession of a valid California Class “C” driver’s license.
Physical Conditions or Special Working Conditions:
CLASS TITLE: ASSISTANT DIRECTOR OF RECREATION AND PARKS (continued) 88900 Standard office environment and working conditions; however, must be willing to work outdoors in all weather conditions.
May include nights, weekends, and holidays.
Approved by the Miscellaneous Civil Service Board: June 16, 1998 Approved by the City Council: June 10, 1998
Updated to Form: February 24, 2022
Approved by the Miscellaneous Civil Service Board: February 18, 2025 Approved by the City Council:
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: February 26, 2025
SUBJECT: Agreements for Intensive Case Management Services
1. Agreement with Psychiatric Wellness Center (not-to-exceed $858,750)
2. Agreement with Garden Pathways Inc. (not to exceed $831,300) RECOMMENDATION:
Staff recommend approval of the agreements.
BACKGROUND:
In October 2024, the City of Bakersfield was awarded $1,999,374 million in state grant funding through the California Board of State and Community Corrections (BSCC) to address homelessness via supportive mental health services, substance use disorder treatment, and diversion programs. The funding will be administered by the City's Community Vitality Unit to enhance case management for treatment and supportive services, specifically targeting justice-impacted individuals and those experiencing chronic homelessness.
As part of this initiative, the City released a Request for Proposals (RFP) for Intensive Case Management services on October 7, 2024. Two service providers, Psychiatric Wellness Center (PWC) and Garden Pathways Inc., were selected under the following categories:
Category 1: Under the intensive case management model, dedicated case managers will work closely with a small caseload of clients. The awarded organization will maintain a caseload of no more than fifteen clients per case manager, with a total of three (3) full-time equivalent (FTE) case managers. Case managers will provide intensive case management to each client for up to a period of twelve months, depending on the rate of progress towards developing self-sufficiency, with an additional twelve months of periodic check-ins to provide after-care support. Immediate contact will be made with the client once assigned and the case manager will have an in-person connection with each new client within 48 hours. Case managers will develop Individualized Service Plans for each client, which will be a living document that is updated as goals are met and service connections are made. The Case Managers will maintain consistent contact with each client during the active phase of the intensive case management model. o Awarded Organization: Psychiatric Wellness Center (not to exceed $858,750). Category 2: The awarded organization will provide two (2) FTE case managers to work with the target population and maintain caseloads of up to 35 active individuals with warm handoff and re-entry intensive case management services for parolees releasing into Kern County. An additional 0.5 FTE Case Manager position will be dedicated to focusing on individuals with low needs and providing after-care support. Active case management service will be provided for a period of up to 12 months, and an additional 12 months of after-care follow-up with periodic contact. Case managers will develop Individualized Service Plans for each client, defining personal goals and outlining the individual’s unique needs and appropriate supportive services to address those needs.
o Awarded Organization: Garden Pathways Inc. (not to exceed $831,300).
These services directly align with the City's Homeless Strategic Action Plan which aims to reduce homelessness, prevent recidivism, and increase access to permanent supportive housing.
FISCAL IMPACT:
State grant funds will be allocated to support these programs and will not impact the City’s General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
Safety and Resilience
Innovative and Efficient City Government
ATTACHMENTS:
1. Garden Pathways Agreement
2. Psychiatric Wellness Center Agreement
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: February 7, 2025
SUBJECT: Agreement with GEOCONVERGENCE, LLC (not to exceed $200,000) for Geographic Information System Services to map city offices and create 3D floorplans for wayfinding, space planning and potentially mobile asset tracking RECOMMENDATION:
Staff recommends approval of the agreement
BACKGROUND:
In 2024, Technology Services (TS) released a bid request for GIS Services to map city offices and create 3D floorplans for wayfinding, space planning and potentially mobile asset tracking.
GeoConvergence, a company that specializes in implementing, integrating and extending ESRI technology, has been awarded this bid, and Technology Services now wishes to enter into an agreement with them for indoor mapping and data import services. This agreement also includes training TS staff to maintain the data and build on this work, laying the foundation for a more robust asset mapping and management process. This will also kickstart the development of a digital twin for our city. When fully developed, this 3D model can be used for emergency response, public safety simulations, and community and economic development visualization and planning.
FISCAL IMPACT:
Funds for this project were budgeted in the TS FY2025 Operating Budget within the Equipment Fund COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Agreement
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 1 of 11 S:\Agreements\Geoconvergence\Geoconv- Final Draft.Docx
Updated – August 15, 2022
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
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 GEOCONVERGENCE, LLC an authorized to do business in California.
R E C I T A L S
WHEREAS, CITY issued a Request for Proposals and CONTRACTOR submitted a proposal regarding ArcGIS Indoors data conversion and implementation; and WHEREAS, CONTRACTOR offers specialized experience in ArcGIS Indoors data conversion and implementation and
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of ArcGIS Indoors Data Conversion and Implementation.
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: ArcGIS Indoors Data Conversion and Implementation, Data Conversion Workshop, Tech Transfer, End User Indoor Viewer, and End User Mobile Application as set forth in more detail in Exhibit A attached hereto and incorporated herein by reference (“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”):
The CITY will pay the CONTRACTOR for milestones in the table below, subject to the pricing set forth in Exhibit A which is Docusign Envelope ID: F4E5297D-0FB6-4896-950F-AE51056D262C INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 2 of 11 S:\Agreements\Geoconvergence\Geoconv- Final Draft.Docx
Updated – August 15, 2022
attached hereto and incorporated by reference, when each milestone is completed to the CITY’s satisfaction.
MileStone Description Amount
Data
Conversion
Drawings for the building
floorplans converted to
ArcGIS INdoors
$69,278.28
Implementati
on
Deploy and Configure all
ArcGIS Indoors services and
applications
$69,278.29
Tech Transfer
and End User
Training
2 sessions each for Tech
Transfer, Indoor Viewer and
Mobile application Training
$7,500.00
Data
Conversion
Workshop
Completion of data
conversion workshop
$11,900.00
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 Two Hundred Thousand dollars ($200,000) for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on February 1, 2026.
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 Docusign Envelope ID: F4E5297D-0FB6-4896-950F-AE51056D262C INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 3 of 11 S:\Agreements\Geoconvergence\Geoconv- Final Draft.Docx
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performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above
10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY’s written approval.
11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.
13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
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14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
16. INSURANCE.
16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
16.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
16.1.2 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
16.1.2.1 Provide contractual liability coverage for the Docusign Envelope ID: F4E5297D-0FB6-4896-950F-AE51056D262C INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 5 of 11 S:\Agreements\Geoconvergence\Geoconv- Final Draft.Docx
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terms of this Agreement;
16.1.2.2 Provide products and completed operations
coverage;
16.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
16.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
16.2 General Provisions Applying to All Insurance Types.
16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
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contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.
16.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiums which may be required by extensions of the
policies of insurance.
16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
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of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their Docusign Envelope ID: F4E5297D-0FB6-4896-950F-AE51056D262C INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 8 of 11 S:\Agreements\Geoconvergence\Geoconv- Final Draft.Docx
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heirs, administrators, executors, personal representatives, successors and assigns.
22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Docusign Envelope ID: F4E5297D-0FB6-4896-950F-AE51056D262C INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 9 of 11 S:\Agreements\Geoconvergence\Geoconv- Final Draft.Docx
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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: GEOCONVERGENCE, LLC
25185 Madison Ave, Suite A
Murrieta, California 92562
32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
34. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number 26-3222-116
CONTRACTOR is a corporation? Yes No (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
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FOR CITY OF BAKERSFIELD FOR GEOCONVERGENCE, LLC
(“CITY”): (“PROVIDER”)
By:________________________________ By:_________________________________
KAREN GOH PREM RADHAKRISHNAN
Mayor President & CEO
APPROVED AS TO CONTENT:
TECHNOLOGY SERVICES
By:_______________________________
GREG PRONOVOST
Technology Services Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
ASHLEY ZAMBRANO
Deputy City Attorney
Insurance:____________
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COUNTERSIGNED:
By:_______________________________
RANDY MCKEEGAN
Finance Director
Attachment: Exhibit A – GeoConvergence Pricing
Docusign Envelope ID: F4E5297D-0FB6-4896-950F-AE51056D262C
EXHIBIT A
Docusign Envelope ID: F4E5297D-0FB6-4896-950F-AE51056D262C
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Anthony Valdez, Assistant City Manager
DATE: February 10, 2025
SUBJECT: Consideration to Execute the Purchase and Sale Agreement with Dilip O. Desai, Trustee of the Asha Desai Irrevocable Trust, (not to exceed $10,500,000, contingent on award of grant) for Real Property Located at 3210 Wible Road (Ward 1)
RECOMMENDATION:
Staff recommends Council approve the agreement
BACKGROUND:
After California voters passed Proposition 1 in March of 2024, the Department of Health Care Services (DHCS) was authorized to establish the Behavioral Health Continuum Infrastructure Program (BHCIP) to construct, acquire, and expand properties and invest in mobile crises infrastructure related to Behavioral Health.
On November 20, 2024, City Council approved Resolution 167-2024 authorizing staff to submit a grant application for the BHCIP Round 1 Launch Ready Program (Grant) to acquire and establish a new residential treatment facility for behavioral health and substance abuse. In the application, the City proposed to acquire and rehabilitate an existing property that meets the needs for an Adult Substance Abuse Treatment facility and in partnership with Kern County Behavioral Health (KCBH), who proposed to support the facility operator.
Staff from the City and KCBH, evaluated several locations and determined the property at 3210 Wible Road (a 68-room hotel) would best serve the requirements of the Grant. At this time, staff proposes council enter into the Purchase and Sale Agreement, contingent on award from the Grant.
FISCAL IMPACT: If awarded the grant requires a 10% match that staff proposes to utilize the Opioid Settlement Fund. If the City is not awarded the grant, the Purchase and Sale Agreement would be null and void. There is no impact to the General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
____________________________________________
CONTRACT TO PURCHASE REAL PROPERTY (ON THE MARKET)
Updated – March 21, 2023
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AGREEMENT NO. _______________
PURCHASE AGREEMENT AND JOINT ESCROW HOLDER INSTRUCTIONS
FOR THE SALE OF REAL PROPERTY
This Agreement is made and entered into on _____________________, by and between the CITY OF BAKERSFIELD, a municipal corporation and California charter city (hereinafter “BUYER” or “CITY”), and DILIP O. DESAI, TRUSTEE OF THE ASHA DESAI IRREVOCABLE TRUST DATED JULY 8, 2010 (hereinafter “SELLER”).
BUYER and SELLER are collectively referred to herein as Parties.
R E C I T A L S:
WHEREAS, SELLER holds fee title to 1.09 acres of land improved with a 66 unit motel with an approximate square footage of 37,281 square feet. The Property is located at 2310 Wible Road, Bakersfield, California (APN 023-050-40 and 023-050-39), hereinafter “The Property”; and
WHEREAS, BUYER has determined a need for The Property which includes a 66-unit motel commonly known as Country Inn & Suites, all accessory structures, and all onsite furniture fixtures, and equipment (FF&E) necessary to operate the motel and has authorized its purchase; and
WHEREAS, all parties to this transaction are aware that BUYER possesses eminent domain authority and BUYER’s staff will recommend the adoption of a resolution of necessity if the Parties are unable to complete a negotiated acquisition of the Property by BUYER; and
WHEREAS, it is the intent of the parties to set forth all the covenants and conditions for purchase by BUYER of said real property and improvements in the legal description Exhibit “A”, attached hereto and incorporated herein by reference along with the furniture, fixtures and equipment thereon listed in Exhibit “B” attached hereto and incorporated herein by this reference.
NOW, THEREFORE, incorporating the above recitals herein, BUYER and SELLER mutually agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell and BUYER agrees to purchase The Property in accordance with all the covenants and conditions set forth in this Agreement.
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2. PURCHASE PRICE. The purchase price of TEN MILLION FIVE HUNDRED THOUSAND AND NO/100 ($10,500,000) is a product of negotiations and includes any and all claims by SELLER for compensation arising from this transaction including, but not limited to, relocation assistance benefits and loss of goodwill. Prior to the close of escrow BUYER shall deposit the purchase price and closing costs into an escrow account with an escrow company mutually agreed by BUYER and SELLER(herein “Escrow Holder”).
2.1 TITLE VI MANDATE AND CALTRANS DIRECTIVE The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964.
This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 164, 49 C.F.R Section50.3.
2.2 No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.
3. DEPOSIT. Within TEN (10) business days of full execution of this Purchase Agreement BUYER shall deposit with Escrow holder a good faith deposit in the amount of TWO HUNDRED FIFTY THOUSAND AND NO/100 ($250,000) with “Escrow Holder”. The deposit will be placed in a non-interestbearing account with the Escrow company.
3.1 The Deposit will be credited to the Purchase Price at close of escrow and shall become nonrefundable upon BUYER’s herein.
3.2 All funds on deposit shall be refundable to BUYER in the event the BUYER does NOT receive sufficient grant funding as outlined in section 4.1 below.
3.3 In the event BUYER terminates the Purchase Agreement or cancels Escrow after the removal of contingencies, other than for SELLER's default, the Deposit shall be retained by SELLER as liquidated damages, with no further obligation of reimbursement to BUYER.
3.4 In the event of SELLER’s default, the Deposit shall be returned to BUYER in full.
4. BUYER’S CONTINGENCIES. The closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies.
Each of these contingencies must be satisfied prior to any obligation of the Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
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BUYER to become effective. The failure to complete and waive these contingencies within the time stated, or within any mutually agreed extension of time, shall terminate this Agreement with no liability of BUYER for any direct or consequential damages.
4.1 Funding Contingency. The acquisition of the Property is to be funded with funds sought from State of California grant sources.
4.1.1 The grant application was submitted to the State of California in December of 2024.
4.1.2 Upon the request of the SELLER or upon receipt of feedback from the State, BUYER shall provide the SELLER with full transparency of the grant funding process until such time as the State has made known the final awards.
4.1.3 BUYER’s failure to provide any new information,
released by the State of California, about the grant award will be considered ‘BUYER Default’.
4.1.4 The BUYER’s funding contingency shall be in place through May 31, 2025. This date represents the estimated timeline, set by the State of California, for the grant to be awarded.
4.1.5 In the event the BUYER is NOT awarded a grant in the amount of at least TWENTY-TWO MILLION EIGHT HUNDRED SIXTY-SEVEN THOUSAND THREE HUNDRED AND FORTY-FIVE DOLLARS ($22,867,345) all deposits shall be refunded in full to the BUYER, and the terms and conditions set forth in this agreement shall be null and void.
4.1.6 Funding Contingency Extension. In the event the
BUYER has not secured the funding by May 31, 2025, BUYER shall have the right to extend the Funding Contingency Period for two consecutive periods of thirty (30) days each.
4.1.6.1 The extension will be requested by written
notice to SELLER, prior to the expiration of the Funding Contingency Period or first extension of the Funding Contingency Period, whichever is applicable.
4.1.6.2 Upon acceptance of an extension, by
the SELLER, the BUYER must deposit additional funds in the amount of FIFTY THOUSAND AND N0/100 DOLLARS ($50,000) with Escrow Holder as an increased deposit for each approved 30-day extension of the Funding Contingency period.
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4.1.6.3 The Deposit for each extension shall be
governed under the same rules as the initial deposit.
4.2 City Council Approval. Approval of the Purchase
Agreement by the Bakersfield City Council to be completed on or before March 1, 2025.
4.3 Preliminary Title Report and Documents. Within TEN (10) business days of the opening of escrow, the following shall occur:
4.3.1 SELLER shall provide BUYER a preliminary title report (hereinafter “PTR”) concerning The Property, issued by Escrow Holder, together with copies of reproducible documents referred to in such PTR, if any;
4.3.2 SELLER shall provide BUYER copies of all currently effective unrecorded tenant leases, licenses, or other agreements known to SELLER and relating to The Property;
4.3.3 SELLER shall provide BUYER a copy of the agreement for the solar system and any other agreements for systems installed on site including but not limited to camera system, solar system, security and vending;
4.3.4 SELLER shall provide BUYER maintenance and
inspection records for improvements including but not limited to elevators and fire suppression systems;
4.3.5 BUYER shall deliver to Escrow Holder, its written approval or disapproval of any exceptions to title referred to in sections 4.3.1 and 4.3.2 above prior to 5:00 PM PT on March 17, 2025. If, after receipt of disapproval of any exceptions to the title, SELLER does not elect to cure all of said exceptions, then BUYER shall have the right either to accept title to The Property subject to said exceptions, thereby waving any and all claims against SELLER by reason thereof, or to terminate this Agreement. BUYER shall give SELLER such written notice of BUYER’s election within the TEN (10) business days after receipt of SELLER’s election not to cure. If BUYER elects to terminate this Agreement, thereafter neither SELLER nor BUYER shall have any further liability hereunder, except that BUYER shall be entitled to the prompt return of all funds deposited by BUYER with Escrow holder, less one-half ½ of reasonable Escrow Holder cancellation fees and costs and title company charges which BUYER hereby agrees to pay.
4.4 Due Diligence Period. Within NINETY (90) business days of execution of the PSA, unless extended in writing by both parties, the BUYER Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
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shall perform any/all inspections they deem necessary to determine the condition of the Property. Removal of the contingencies or decision not to proceed with the purchase of The Property shall be done in writing and shall be at the BUYER’s sole and absolute discretion. In the event BUYER elects not to proceed with the purchase of The Property the PSA shall terminate, and the Deposit shall be returned to BUYER.
4.4.1 SELLER shall make available to BUYER all areas of the hotel including all rooms. BUYER shall be required to plan so any, and all occupants can be given proper notice as to not disrupt hotel operations.
4.5 Site Assessment. A favorable environmental site assessment to be performed by BUYER, at BUYER’s expense.
4.5.1 SELLER to provide to BUYER copies of any surveys, including the most recent ALTA survey of the land showing all physical conditions affecting the Property, as well as copies of occupancy permits, all existing and proposed easements, covenants, restrictions, agreements, or other documents which affect title to The Property that are known by the SELLER and that are not disclosed by the Preliminary Report, inventory of any personal property in SELLER’s possession, if any.
4.5.2 SELLER to provide to BUYER any and all engineering studies, soils reports, environmental reports, assessments and other such studies in SELLER’s possession, if any.
4.6 Right to Enter. Upon 48 hours notice from BUYER, SELLER shall grant BUYER and its agents or consultants the right to enter The Property to conduct tests and inspections and BUYER agrees to indemnify, SELLER from any liability associated with BUYER, or BUYER’s agents, vendors, etc. when entering upon the Property. BUYER shall indemnify SELLER from any liability associated with BUYER and BUYER’s vendors entering the Property.
4.7 SELLER shall ensure that copies of any documents or information pertaining to The Property which BUYER may reasonably request, and SELLER has available, is provided in a timely manner.
4.8 Inspections BUYER shall have the opportunity to conduct a thorough review, investigation and inspection of the physical, environmental, economic and legal condition of The Property as well as the laws regulations, covenants, conditions and restrictions affecting or governing the use of the Property and all other matters which a prudent BUYER of commercial real estate should review, investigate or inspect in the course of a due diligence review. BUYER shall indemnify and hold harmless the SELLER against any losses Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
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actually suffered by SELLER to the extent it relates to BUYER’s gross negligence or willful misconduct in connection with investigations, testing, and on-site due diligence. The BUYER’s obligations under the PSA shall be contingent upon BUYER’s satisfaction and approval of all of the foregoing Due Diligence matters. If BUYER fails to approve any of the matters which are subject to BUYER’s Due Diligence review, BUYER shall have the right to cancel the PSA by written notice to SELLER on or before the expiration of the Due Diligence Period and have all deposits, including the Deposit, returned.
4.9 Seller’s Records. SELLER shall provide BUYER all
maintenance records for all equipment included in the Exhibit “B” being transferred to BUYER within FIFTEEN (15) days of execution of this agreement.
BUYER shall have through the end of the Due Diligence Period to review said records and disapprove of the condition of any said records. If BUYER fails to disapprove of any maintenance records prior to the expiration of the Due Diligence Period, BUYER shall accept the condition of the equipment with all Faults, except for any liens or encumbrances.
4.9.1 Any and all inspections BUYER chooses to perform or have performed shall be at BUYER’s expense. SELLER shall be relieved of any/all liability.
5. TITLE INSURANCE. At close of escrow, Escrow holder shall issue an ALTA Owners title policy covering The Property insuring title in BUYER’s name in an amount equal to the total purchase price.
5.1 The Title company for the ALTA Owner's title policy shall be SELLER’s choice and will be issued by ‘Ticor Title Company’.
6. DOCUMENTS. The delivery of all documents and the due performance by SELLER of each and every undertaking and agreement to be performed by SELLER under this Agreement.
7. MATERIAL CHANGE. No material change, as hereinafter defined, shall have occurred with respect to The Property which has not been approved in writing by BUYER. For purposes of this Agreement, a “material change” shall be a change in the status of the use, occupancy, tenants, or condition of The Property as reasonably expected by the BUYER, that occurs after the date of this Agreement and prior to the close of Escrow Holder. BUYER shall have twenty (20) days following receipt of written notice from any source of any such material change within which to approve or disapprove of the same. Unless otherwise notified, in writing by either party, Escrow Holder shall assume that no material change has occurred prior to the close of Escrow.
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Updated – March 21, 2023
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7.1 Due to the duration for this transaction BUYER shall be allowed to perform a second inspection just prior to the closing of escrow to insure the Property, in its entirety, is still in the same condition as originally agreed upon.
8. NO EXISTING LEASES AND TENANCY STATEMENTS. SELLER represents that there are no leases, subleases, or rental arrangements affecting The property herein except for those with the BUYER (herein the “existing leases”) and there will be no undisclosed existing leases at the close of Escrow holder.
9. DISCLOSURE OF CONDITIONS. SELLER shall disclose all known conditions affecting The Property, and SELLER will provide to BUYER within five (5) business days of the parties’ execution of this Agreement all documents, reports, plans, and citations pertaining to The Property possessed by SELLER or SELLER’s employees, agents or contractors. BUYER will have ten (10) business days to review such disclosures and material and to determine whether BUYER will proceed with the purchase.
10. OTHER AGREEMENTS. SELLER shall within five (5) business days of the date of this Agreement provide BUYER with legible copies of all other agreements known to SELLER that will affect The Property after the closing.
11. UNRECORDED TITLE MATTERS. SELLER has no actual knowledge of any encumbrances, covenants, conditions, restrictions, easements, licenses, liens, charges, or other matters which affect the title of The Property that are not recorded in the Official Records of the Kern County Recorder.
11.1 Possessory Rights. SELLER has no knowledge that anyone or any entity will, at the time of closing, have any right to possession of The Property, except as disclosed by the SELLER in writing to BUYER.
All of the above contingencies are for the benefit of, and may be waived in writing by, BUYER and may be elsewhere herein referred to as “BUYER’s contingencies.”
12. ADDITIONAL CONDITIONS.
12.1 UCC Search. In order to establish proof of clear title to the FF&E, Escrow Holder, shall open a Bulk Sale escrow along with the land purchase and publish a Notice to Creditors pursuant to the Laws of the State of California, and obtain a UCC search and a title report and/or a report from the Secretary of State’s Office as to filings of security interests covering the Improvements.
Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
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12.2 BUYER and SELLER warrant there is no business being transferred herein and there is no stock in trade being sold. Only Furniture Fixtures & Equipment (FF&E) and Real Property.
12.3 Conveyance of interest in improvements. Escrow Holder is instructed to prepare and SELLER agrees to execute a Bill of Sale for all FF&E and will also convey from SELLER to BUYER all of SELLER’s interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes.
12.4 Prior to the close of escrow, Escrow Holder, BUYER, and SELLER shall provide separate the land value from the value of the FF&E and provide Escrow Holder with the value of the FF&E which is subject to Sales Tax.
12.5 Escrow Holder is authorized and instructed to charge BUYER and credit SELLER for the amount required for sales tax and forward said amount to the State of California Board of Equalization at the close of Escrow for payment of sales tax on FF&E.
12.6 All equipment titles shall be free and clear from all liens and encumbrances and shall be signed over to BUYER and deposited with Escrow holder prior to close of escrow. Said original titles and registrations shall be transferred to BUYER at close of escrow.
12.7 Alcoholic Beverage License. BUYER is not purchasing the Type 41- ON-SALE BEER AND WINE license owned by the SELLER and assigned to The Property. Prior to close of escrow SELLER shall process paperwork with Alcoholic Beverage Control to remove said License from The Property.
12.8 Termination of License/Affiliation/Brand Agreement. BUYER and SELLER acknowledge that the Property is encumbered by a “License Agreement” between SELLER and Country Inns & Suites by Carlson, Inc. (“Licensor”). SELLER shall be solely responsible for all fees and costs associated with the termination.
12.8.1 SELLER shall initiate the termination process with Licensor and provide BUYER proof of said initiation prior to the close of escrow.
In the event the License Agreement has not been fully terminated prior to close of escrow, Escrow Holder shall be instructed to hold ONE MILLION DOLLARS ($1,000,000) from SELLER’s proceeds until full termination of the License Agreement and Licensor releases all FF&E being transferred to the BUYER in this transaction. In the event Licensor requires SELLER to surrender any FF&E, included in this agreement to Licensor then BUYER shall be compensated for the replacement costs of any FF&E not transferred to Buyer Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
CONTRACT TO PURCHASE REAL PROPERTY (ON THE MARKET)
Updated – March 21, 2023
-- Page 9 of 16 Pages --
through a reimbursement of funds deducted out of the ONE MILLION DOLLARS ($1,000,000) being held in escrow.
12.9 Solar Contract. According to SELLER there is an agreement signed between SELLER, GreenDay Finance(GDF), and their contractors, for installation of an additional 150KWH to160KWH system to be added to the existing 42.5 kWH Solar Carport. SELLER states there is a reimbursement of ONE HUNDRED FIFTY THOUSAND DOLLAR ($150,000) due to RPGold for all costs incurred. The BUYER and SELLER agree to allow the contractor on the solar project to complete the installation of additional carport sections and roof panels for which the plans have already been submitted to the City of Bakersfield Building Department for final revision and approval. So long as BUYER is not responsible for any construction costs BUYER shall not be entitled to this $150,000 reimbursement to be given by GDF Solar upon completion.
BUYER requires the solar project to be completed in full including but not limited to final sign off by the City of Bakersfield Building Department, the system energized and online with PG&E, and with all consideration for the installation paid to the GDF Solar by SELLER prior to the close of escrow. In the event BUYER and SELLER are prepared to close escrow and are awaiting the completion of the solar project, BUYER reserves the right, but shall not be obligated, to elect to close escrow prior to the solar project completion.
12.10 1031 or 1033 Exchange. SELLER may dispose of the Property by means of an exchange for like-kind property qualifying for tax-deferred treatment pursuant to Internal Revenue Code Section 1031 or 1033 whichever is applicable. So long as it would not change the Contingency Period or the Closing Date, the parties shall cooperate with each other in effectuating its exchange(s).
13. SELLER’S WARRANTIES. SELLER hereby makes the following warranties and representations to BUYER which shall survive the closing and delivery of the Grant Deed for a period of five (5) years;
13.1 Authority of SELLER. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property t the BUYER as set forth in this Agreement;
13.2 Legal Proceedings. SELLER has no knowledge of any
actions, lawsuits, or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court, or tribunal that would affect The Property or the right to occupy or utilize same;
13.3 Bankruptcy Proceedings. SELLER is not the subject of a bankruptcy, insolvency, or probate proceeding and has no notice or Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
CONTRACT TO PURCHASE REAL PROPERTY (ON THE MARKET)
Updated – March 21, 2023
-- Page 10 of 16 Pages --
knowledge that any tenant, lessee, or other person/entity possessing an interest in The Property is the subject of a bankruptcy or insolvency proceeding.
14. CONVEYANCE OF TITLE. SELLER agrees to convey to BUYER marketable fee simple title to The Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, licenses, leases, and taxes, excepting those agreed to in writing by BUYER. The amount of any bond or assessment which is a lien shall be paid by SELLER, subject to approval of title report. SELLER shall execute a Grant Deed which conveys clear title to The Property to BUYER and deliver same to Escrow Holder at least FIFTEEN (15) days prior to close of escrow. Any and all water and mineral rights accruing to The Property shall also be transferred to BUYER without reservation. Further, SELLER acknowledges that the purchase of The Property includes all abutters’ rights of SELLER’s remaining property adjacent to The Property.
15. CLOSING COSTS.
15.1 BUYER herein agrees to pay BUYER’s usual costs and charges in this transaction which may include but are not limited to one- half (½) the standard and customary escrow fees.
15.2 SELLER herein agrees to pay all SELLER’s usual costs and charges in this transaction which may include but are not limited to the costs to clear title ½ standard and customary escrow fees, ALTA Owners Title policy.
16. TAX EXEMPT AGENCY. All parties hereto acknowledge that the BUYER Is a public entity and exempt from payment of any real property taxes.
Therefore, SELLER acknowledges that they are solely responsible for payment of any and all real property taxes due through the date of close of escrow, including any pending supplemental bills.
16.1 In the event that the current year's property tax bill has been Issued at the time of the close of escrow, Escrow Holder is authorized and instructed to pay any and all installments, currently due, along with any delinquencies. Escrow holder Is instructed to NOT prorate said taxes. Any potential refund due to the SELLER, for partial tax period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the County as per their guidelines. BUYER and Escrow holder are not responsible for the same.
16.2 In the event the close of escrow occurs after July 1 and before the new tax bill has been Issued, Escrow holder Is authorized and instructed to prorate taxes based on the last available tax bill and forward the prorated amount to the BUYER at close of escrow. BUYER will accept Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
CONTRACT TO PURCHASE REAL PROPERTY (ON THE MARKET)
Updated – March 21, 2023
-- Page 11 of 16 Pages --
responsibility to forward said prorations to the Kern County Tax Collector once the bills are created. SELLER herein agrees to forward to BUYER any tax bills they receive from the County of Kern.
17. ESCROW HOLDER INSTRUCTIONS. Within THIRTY (30) business days of execution of this Agreement by all parties, each shall deliver to the Escrow Holder any appropriately executed Escrow holder instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties’ instructions to the Escrow Holder and shall become part of the Escrow Holder instructions for consummation of the purchase and sale of The Property. BUYER and SELLER agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary Escrow holder instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary. Said Escrow holder instructions are incorporated herein by this reference.
18. CLOSING DATE. Close of Escrow holder shall be the later of i) within twenty (20) business days after BUYER’s satisfaction of all contingencies set forth herein, unless extended by mutual written agreement of both parties, final inspections, City approval, and all lien releases or ii) within TEN (10) days of BUYER’s receipt and verification that SELLER has initiated the Affiliation agreement termination.
19. POSSESSION OF SELLER’S PARCEL. SELLER agrees to give possession of The Property to BUYER at the close of escrow, at which time The Property will be totally vacated and cleared of all debris, encumbrances and tenancies.
20. 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.
21. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
22. TIME. Time is of the essence in this Agreement.
23. BROKERS AND FINDERS. BUYER and SELELR agree that there is no broker, finder or intermediary with whom they have dealt in connection with this contemplated transaction other than Matthew E. Starr of ASU CRE Partners, Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
CONTRACT TO PURCHASE REAL PROPERTY (ON THE MARKET)
Updated – March 21, 2023
-- Page 12 of 16 Pages --
Inc., a California corporation doing business as ASU Commercial ("BUYER's Broker"), who represents BUYER and Vishesh Sharma of Century 21 Commercial Union Realty Co. ("SELLER's Broker"), who represents the SELLER. Each party agrees to indemnify, hold harmless and defend the other party against all claims for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom the indemnifying party may have dealt in connection with the transaction contemplated by this letter. SELLER shall pay BUYER's Broker a commission in the amount of one and a half percent (1.5%) of the Purchase Price from the sales proceeds upon Closing, without right of reimbursement from BUYER.
24. 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.
25. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
26. 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.
27. 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.
28. 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.
29. HAZARDOUS MATERIALS.
29.1 SELLER knows of no hazardous material(s) stored, dumped or in any way placed in, on, over or about The Property. SELLER knows of no activities, either public or private, wherein SELLER or a third party has placed or dumped any hazardous material of any nature in, on, over, or about The Property. SELLER takes full responsibility for cleaning up any hazardous material Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
CONTRACT TO PURCHASE REAL PROPERTY (ON THE MARKET)
Updated – March 21, 2023
-- Page 13 of 16 Pages --
placed in, on or about The Property at any time prior to BUYER taking title and will fully indemnify, defend, and hold BUYER, and BUYER’s Council, Mayor, officers, agents, representatives, employees, successors, and assigns, harmless from any and all liability, claims, actions, injuries, losses, causes of action or demands whatsoever arising from hazardous materials found in, on, over, or about The Property placed prior to BUYER taking title.
29.2 As used herein, the term “hazardous material” shall mean any hazardous or toxic wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Section 172.101) or by the United States Environmental Protection Agency as Hazardous Substances (40 CFR Part 3.02) and amendments thereto, or any substances, materials, and wastes that are or become regulated under any applicable local, state, or federal law.
30. 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 nonassigning party or parties.
31. BINDING EFFECT. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns.
32. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
33. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which will be considered as an original and be effective as such
34. NON-INTEREST. No officer or employee of BUYER shall hold any interest in this Agreement (California Government Code section 1090).
Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
CONTRACT TO PURCHASE REAL PROPERTY (ON THE MARKET)
Updated – March 21, 2023
-- Page 14 of 16 Pages --
35. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows or at any other address designated by notice:
To BUYER: CITY OF BAKERSFIELD
Attention: City Manager’s Office
1600 Truxtun Avenue
Bakersfield, CA 93301
To: SELLER: ASHA DESAI IRREVOCABLE TRUST
Attn: DILIP O. DESAI, TRUSTEE
24068 Corte La Brocha,
Santa Clarita, CA 91354
36. TAX EFFECT. None of the parties (nor such parties’ counsel or accountants) has made or is making in this Agreement any representation to any other party (or such party’s counsel or accountants) concerning any of the tax effects or consequences on the other party of the transactions provided for in this Agreement. Each party represents that it has obtained, or may obtain, independent tax advice with respect thereto and upon which it, if so obtained, has solely relied.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
“BUYER” “SELLER”
CITY OF BAKERSFIELD ASHA DESAI IRREVOCABLE TRUST
By:__________________________ By:_______________________________ KAREN GOH DILIP O. DESAI
Mayor Trustee
Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
CONTRACT TO PURCHASE REAL PROPERTY (ON THE MARKET)
Updated – March 21, 2023
-- Page 15 of 16 Pages --
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
VIRGINIA GENNARO
City Attorney
APPROVED AS TO CONTENT:
CITY MANAGER’S OFFICE
By:___________________________
ANTHONY VALDEZ
Assistant City Manager
COUNTERSIGNED:
By:__________________________
RANDY MCKEEGAN
Finance Director
Attachments: Exhibit “A” – Legal Description
Exhibit “B” – Equipment List
Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 ____________________________________________
CONTRACT TO PURCHASE REAL PROPERTY (ON THE MARKET)
Updated – March 21, 2023
-- Page 16 of 16 Pages --
Exhibit “A”
For APN/Parcel ID(s): 023-050-40-00-8 and 023-050-39-00-8
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Parcel 1:
The South 100 feet of the West 428 feet of the North half of the Southwest quarter of the Northwest quarter of Section 12, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield County Kern, State of California, according to the Official Plat thereof.
APN: 023-050-40-00
Parcel 2:
The South 100 feet of the East 100 feet of the West 528 feet of the North half of the Southwest quarter of the Northwest quarter of Section 12, Township 30 South, Range 27 East, Mount Diablo and Meridian, in the City of Bakersfield, County of Kern, State of California, according to the Official Plat thereof.
APN: 023-050-39-00
Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3 FF&E Country Inn & Suites Bakerfield, CA
Guest Room Quantity Room Bathroom: Quantity Business Center Quantity Exterior Quantity King size mattress 31 Whirlpool Jacuzzi 8 Computer 1 Solar carport 3 King premium mattresss 11 Walk-in shower Tubs 13 Keyboard 1 Solar panels 1 Queen size mattress 26 Handicap walk in showers 3 Printer 1 Charging station 1 Double(full bed) mattress 22 Baththubs shower 42 Desk chair 1 20 ft Lights 12 Frames 90 Shower system 66 Picture frame 3 Mounted lights 14 Headboard 90 Shower handrail 3 Water Fountain 1
Total Bed set 90 Handicap shower bench 3 Front Desk Electronic Gate 1 Sofa 52 Sink and Faucet 66 Ceiling dropdown
Mounted lights
3 Waste dumpster 1
Pull out Bed from soft 52 Vanity 66 Computers 2 Pylon sign 1 Single seat chair 65 LED mirror, bathroom 63 Key programmer read 1 Building sign 1 ACs/Heater 66 Standard mirrors, bathroom 3 Tablets 2 Trash cans 3 Pull out Bed 52 Overhead LED lamps
bathroom
9 Printer 2 Fence 1
Nightstands 132 Toilet 66 Monitor 4 Barb Wire 1
Pillows 360 Picture frame 132 Key board 3 Entrance tap 4 Sheets 180 Shower rod 54 Picture frame 4 Handicap signs 3 Towels 450 Shower curtains 54 Tall chair 1
Night stand LED Lamp 132 Electric stapler 1 Swimming Pool Area Entryway bench 66 Hotel Interior Hallway Phone system 1 Swimming Pool 1 Cabinet(TV stand area) 66 Cameras(exterior as well) 30 Table 1 Heated Jacuzzi 1 TV(remote included) 102 Overhead hallway LED
Lights
34 Plaques 5 Swimming Pool shower 1
Standing LED Lamp 66 Wall mount led lights 63 Outdoor chairs 8 Desk 65 Guest Washer 1 Breakfast Room/
Lounge, Bar
Entrance lock 1
Desk LED lamp 65 Guest Dryer 1 Low tables 8 Fence 1
Desk Chair 66 Wifi Access Points 3 Low Chairs 13 Fence lamps 8 Coffee maker 66 Air freshener dispenser 9 High table 1
Fridge(built in freezer) 65 High chairs 9 Maintenance
Mirror 58 Lobby Ceiling dropdown
Mounted lights
4 Fire alarm 1
Iron board 66 Sofa 1 Picture frame 18 Elevator 2
Iron 66 TV 1 Kitchen hood 1 Elevator control units 2
Trash can 132 Standing lamp 1 3 comportment sink 2 Water heaters 5 Ceiling lights 92 Coffee Table 1 Microwave 1 Rooftop HVAC unit 2 Window curtain 50 Ceiling light 10 Mini-cookie oven 1 Rooftop exhausts 4 Telephone 66 Extended chair and footrest 1 Commercial freezer 1 Skylights 4 Door Hinge and parts 82 LED Chandelier 1 Commercial fridge 2 Aprox tools 25 Gift shop fridge 1 dual fridge/freezer 1
Meeting room 1 Mini-Freezer 1 Beer chiller/dispenser 1 Housekeer Storage Room
Chairs 32 Cabinet 1 Wine rack 1 Camera unit 1
Foldup tables 10 Kitchen rack 2 Housekeeper carts 5
Podium 1 Guest Restroom in Lobby Steel table 1 Linen Shelves 6 Sofa 1 Toilet 1 Exit sign 10 Equipment Shelf 1
Kitchenette fridge/freezer 1 Urinal 1
- stove 1 Sink/vanity 1 Fitness Room Manager Office
- cabinets 1 Baby changing pad 1 Multi-cable gym 1 Computer 1 - kitchen sink 1 Toilet roll dispenser 1 Treadmill 2 Printer 1 Laundry Room 1 Soap dispenser 1 Eliptical 1 Desk 1
Commercial Washer 1 Paper towel dispenser 1 Dumbbells 20 Chair 1 Commercial Dryer 1 Mirrors 2 Dumbell rack 1 Scanner 1
Deep sink 1 Light 4 Water dispenser 1 Lamp 1
Trash 2 Trash 1
Picture frame 1 Towel disposal 1
Handle bar 1 A/C 1
Docusign Envelope ID: 08FFE1E4-A3FE-49FD-9EE7-9E93740769B3
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: CONSENT - Agreements TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: February 11, 2025
SUBJECT: Agreement with Encanto Gardens IV LLC for the development, dedication, and reimbursement of Encanto Gardens Park
located along Allen Road, East of Alisa Lange Ward 5
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Encanto Gardens IV, LLC (Developer) is developing Tract 7408 (northern tract) and Tract 7415 (southern tract) located along Southern Pacific Railroad from east to west (northern portion), Allen Road from north to south (across the tracts), and Pensinger Road from east to west (southern portion). Tract 7408 includes 248 residential lots, a sump and 2.11 acres of parkland (Exhibit A). Tract 7415 includes 249 residential lots, a drill island and 2.66 acres of parkland (Exhibit B). The layout is such that the parkland between Tracts 7408 and 7415 are each half of the whole park.
On December 21, 2023, City’s Planning Commission adopted Resolution Numbers 89-23 and 90-23, approving Vesting Tentative Tract Maps (VTT’s) 7408 and 7415. VTT 7408 includes Condition #12 which requires the Developer to construct a park, dedicate 2.11 acres of parkland and enter into a reimbursement agreement with the City for the park. VTT 7415 includes Condition #12 which requires Developer to construct a park, dedicate 2.66 acres of parkland and enter into a reimbursement agreement City for the park. The Developer is ready to meet Condition #12 within each respective VTT by constructing and dedicating 2.11 acres of parkland within VTT 7408 and constructing and dedicating 2.66 acres of parkland within VTT 7415. The combined park site of 4.77 acres will be known as Encanto Gardens Park (Park) within the designated parkland of VTT’s 7408 and 7415.
On March 15, 2024 the City’s Public Works Department approved a revised phasing plan for Tract 7408 as shown in Exhibit C. On November 5, 2024, City’s Public Works Department approved a revised phasing plan for Tract 7415, as shown in Exhibit D.
As part of Condition #12, Developer is required to submit a conceptual plan for the Park that depicts (but not limited to), landscaping, location, playground equipment, playing fields, benches, picnic areas, walkways, and other amenities consistent with City standards and policies. The Developer has submitted it to the Recreation and Parks Director for review and approval (Exhibit E). Prior to the recordation of the final map for the last phase of either VTT 7408 or VTT 7415, the Developer shall submit a detailed park construction plans to the Recreation and Parks Department for review and approval.
The Developer is required to begin construction of Park when a total of seventy percent (70%) of the planned residential building permits have been issued for the combined VTT’s 7408 and 7415. The Developer is required to complete construction of the Park within one (1) year of beginning, unless an extension of time is granted by the City.
Condition #12 in both VTT 7408 and 7415 requires a mechanism for reimbursement to the Developer for the construction of the Park. The City is willing to reimburse Developer for the development and dedication of the Park from the Park Development and Improvement fees collected within VTT’s 7408 and 7415 (Zone of Benefit), cumulatively consisting of 497 buildable lots. If the number of buildable lots increases or decreases upon recordation of a final map(s), the park land requirement and reimbursement will change accordingly. The time period for reimbursement to Developer for the development of the Park will be fifteen (15) years from the date of the agreement. The fully constructed Park shall be maintained by the City once dedicated.
FISCAL IMPACT: The reimbursement to the Developer for the development and dedication of the park will be paid through the Park Improvement and Development fees that will be collected within the Zone of Benefit of VTT’s 7408 and 7415. There is no impact to the General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
Innovative and Efficient City Government
ATTACHMENTS:
1. Encanto Gardens Park Developer Agreement
2. Encanto Gardens Insurance
3. Exhibit A: VTT 7408
4. Exhibit B: VTT 7415
5. Exhibit C: Phasing Map 7408
6. Exhibit D: Phasing Map 7415
7. Exhibit E: Encanto Gardens Park Conceptual
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY)
POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBERINSR
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Bakersfield CA 93301
1600 Truxtun Ave
City of Bakersfield
4,000,000
4,000,000
2,000,000
15,000
2,000,000
6808160X63A 10/1/2024 10/1/2025
✘
✘
A
Travelers 24082
1 [email protected]
6613275531
Ryan Crosby
Bakersfield CA 93304
111 "H" Street
Crosby and Crosby Insurance Services
01/23/2025
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Encanto Gardens IV LLC
Urban Land Advisors, LL&
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. Section II – Who Is An Insured is amended to
include as an insured the person or organization
shown in the Schedule, but only with respect to
liability arising out of your ongoing operations
performed for that insured.
B. With respect to the insurance afforded to these
additional insureds, the following exclusion is
added:
2. Exclusions
This insurance does not apply to "bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or
(2) That portion of "your work" out of which
the injury or damage arises has been
put to its intended use by any person or
organization other than another contractor or subcontractor engaged in performing operations for a principal as
a part of the same project.
6808160X63A
THE CITY OF BAKERSFIELD, ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, 1600 TRUXTUN AVE, BAKERSFIELD, CA 93301
EXHIBIT A
EXHIBIT C
EXHIBIT B
EXHIBIT "C" Phasing Map 7408
EXHIBIT "D" - Phasing
Map 7415
2 132844 DECK TO GRADE RAMP
153021 DECK LINK ONE STEP
153021 DECK LINK TWO STEPS
153077 CLIMBER MINI SUMMIT
135346 POD CLIMBER W/HANDHOLDS
16 8 181114 WIGGLE LADDER CORNER 8 EXTENSION 8 EXTENSION 8 24 48 8 SOUND CHIMES 113211 PANEL 111289 FINGER MAZE PANEL (AT GRADE) 127685 176 BLOCK IMAGE PANEL 159460 RING A BELL PANEL 144984 STORE PANEL (AT GRADE) W/WHEEL WIRE BARRIER 117946 ABOVE DECK WIRE BARRIER 117946 ABOVE DECK HANDLOOP 119977 TRANSITION HANDLOOP 119977 TRANSITION HANDLOOP 119977 TRANSITION HANDLOOP 119977 TRANSITION 115198 TALK TUBE DIRECT BURY 115198 TALK TUBE DIRECT BURY -111362 TALK TUBE 1 40' TUBING KIT 179225 SQUARE POLY ROOF W/ CUST LOGO 179239 SUPER SQUARE SHINGLE ROOF W/ POLY CAP RH LH SLIDEWINDER2 132117 8"HEIGHT POD CLIMBER 120710 8 182503 WELCOME SIGN (LSI PROVIDED) 2-5 YEARS 1664
3280
5696
2472
4088
4896
16 48 8 TRANSFER POINT TABLE WITH SEATSLOLLILADDER XYLOFUN PANEL LOWER SWITCHBACK CLIMBER
SUMMIT CLIMBER DOUBLE SWIRL SLIDE
FACET AND WALL CLIMBER
UPPER SWITCHBACK CLIMBER
ALPINE SLIDE
CABLE RUNG CLIMBER
RAIN SOUND WHEEL PANEL
TELESCOPE PANEL
ZENITH CLIMBER
SEEK AND FIND PANEL
MARBLE PANEL
COUNTING PANEL
298814 SUMMIT DB ONLY
182503 WELCOME SIGN (LSI PROVIDED) 5-12 YEARS
174018 8' BEAM HEIGHT W/PROGUARD CHAINS BELT SEAT
174018 8' BEAM HEIGHT W/PROGUARD CHAINS BELT SEAT
176038 FOR TODDLER SWING FULL BUCKET SEAT W/PROGUARD CHAINS 218671 MOLDED SEAT(2-5)/HARNESS W/PROGUARD CHAINS 8' BEAM HEIGHT 177351 MOLDED SEAT/HARNESS W/PROGUARD CHAINS 8' BEAM HEIGHT DB ONLY SINGLE POST SWING 177332 ADDITIONAL BAY SINGLE POST SWING 177333 DB ONLY
TODDLER SWING 177337 SINGLE SEAT (NO POST INCLUDED)
205800 TOPSYTURNY SPINNER 42" BURY DB ONLY
154397 IP COOLTOPPER SINGLE POST PYRAMID ROOF DB ONLY NOTE: THE SINGLE POST COOLTOPPER IS NOT IPEMA CERTIFIED. 141683 TENDERTUFF 72" BENCH W/BACK
141683 TENDERTUFF 92" BENCH W/BACK W/1 ARMREST
141683 TENDERTUFF 92" BENCH WITHOUT BACK
141683 TENDERTUFF 92" BENCH WITHOUT BACK
111413 RAMP EXIT PLATE FOR 8" DECK
5-12
2-5
5-12
5-12
5-12
5-12
2-5
2-5
FUTURE SPORTS
COURT AREA
60'-0" X 108'-0"
SOCCER FIELD
135'-0" X 195'-0" SOCCER FIELD 135'-0" X 195'-0" 16 453 2 6 12 410 7 8911 12 2 SHADE TREE 74 PISTACIA CHINENSIS 'KEITH DAVEY' / KEITH DAVEY CHINESE PISTACHE PLATANUS X ACERIFOLIA 'BLOODGOOD' / BLOODGOOD LONDON PLANE TREE QUERCUS ILEX / HOLLY OAK ACCENT TREE 24 CERCIDIUM X 'DESERT MUSEUM' / DESERT MUSEUM PALO VERDE LAGERSTROEMIA INDICA / CRAPE MYRTLE PRUNUS CERASIFERA 'KRAUTER VESUVIUS' / KRAUTER VESUVIUS PURPLE-LEAF PLUM DROUGHT TOLERANT PLANTER AREAS 56,296 SF ACACIA REDOLENS 'LOW BOY' / LOW BOY BANK CATCLAW HESPERALOE PARVIFLORA / RED YUCCA JUNIPERUS HORIZONTALIS 'BAR HARBOR' / BAR HARBOR CREEPING JUNIPER LEYMUS CONDENSATUS 'CANYON PRINCE' / CANYON PRINCE GIANT WILD RYE MUHLENBERGIA RIGENS / DEER GRASS MYOPORUM PARVIFOLIUM / TRAILING MYOPORUM TURF 127,929 SF CYNODON DACTYLON 'GN-I' / GN-I HYBRID BERMUDAGRASS CONCEPT PLANT SCHEDULE REFERENCE NOTES SCHEDULE SYMBOL DESCRIPTION QTY DETAIL CITY OF BAKERSFIELD STD. PARK SIGN CITY OF BAKERSFIELD STD. PARK RULES SIGN PICNIC TABLE SINGLE CHARCOAL BBQ TRASH RECEPTACLE DOG WASTE STATION DRINKING FOUNTAIN TOT LOT (2-5 & 5-12 YR. OLD) POURED IN PLACE RUBBER SAFETEY SURFACING PICNIC GAZEBO NATURAL GREY CONCRETE WALKS DECOMPOSED GRANITE WALING TRAIL W/ 6X6 MOW CURB 123456789101112 REFERENCE NOTES SCHEDULE DATE: SCALE: DRAWN BY: JOB NUMBER: SHEET: SHEET OF N/A Know what's below. Call before you dig. PE SCA HC TECT I AR AND LICENSED L Signature Renewal Date Date A RNI CALIFO STATE OF M I CHAEL O . MCDON EL L NO . L A 5 6 9 NOV. 30, 2023 May. 16, 24 - - --/--/---- - - - --/--/---- - - - --/--/---- - - - --/--/---- - - - --/--/---- - - - --/--/---- - - - --/--/---- - - - --/--/---- - - - --/--/---- - - - --/--/---- - 88 N OAK STREET, SUITE 1A VENTURA, CA 93001 PHONE: (661) 295-1970 WWW.DESIGNSTUDIOSLD.COM REVISION: NOTES: DATE: DR BY: DRAWING TITLE:
PREPARED FOR
4/XX/2024
ENCANTO GARDENS
LANDSCAPE IMPROVEMENT PLANS
TRACTS 7408 & 7415
BAKERSFIELD, CA
LANDSTONE REALITY ADVISORS, INC
11837 BOLTHOUSE DR., BLDG. B, STE. 600
BAKERSFIELD, CA 93311
(661) 427 - 3084 MM 1 ENCANTO GARDENS PARK LANDSCAPE IMPROVEMENT PLANS BAKERSFIELD, CA 0 15' 30' 60' N Scale: 1" = 30'-0" LP.011 PRELIMINARY LANDSCAPE PLAN EXHIBIT "E" - Encanto Garden Park Conceptual
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Agreements TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: February 13, 2025
SUBJECT: Agreement with EVALCORP, Inc. (not to exceed $100,500) for Independent Evaluation Services
for the Bakersfield Homeless Services and Prevention Initiative RECOMMENDATION:
Staff recommend approval of the agreement.
BACKGROUND:
In October 2024, the City of Bakersfield received $1.99 million in state grant funding through the California Board of State and Community Corrections (BSCC) to address homelessness via supportive mental health services, substance use disorder treatment, and diversion programs. The grant requires an independent evaluation of the initiative’s effectiveness, including data collection, performance tracking, and outcome assessment.
On January 13, 2025, the City released a Request for Proposals (RFP) seeking qualified independent evaluators to conduct a comprehensive assessment of the initiative. The evaluation includes:
Developing a Local Evaluation Plan (LEP) and Local Evaluation Report (LER) to assess program effectiveness.
Tracking and analyzing recidivism rates, housing stability, and service utilization among justiceimpacted individuals. Conducting quarterly progress reports and stakeholder engagement to ensure alignment with BSCC reporting requirements.
Two proposals were received from EVALCORP, Inc. and Insight Analytics. Following a competitive selection process, EVALCORP, Inc. was selected. The total cost for their services is $100,500.
FISCAL IMPACT:
The contract will be funded entirely through state grant funds and will not impact the City’s General Fund.
COUNCIL GOAL:
Innovative and Efficient City Government
Safety and Resilience
Economic Opportunity for All
Community Character & Quality of Life
ATTACHMENTS:
EVALCORP, Inc. Agreement
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: January 29, 2025
SUBJECT: Transportation Impact Fee Credit Agreement with Buena Vista 6577 LLC (not to exceed $130,330.33) for construction of additional lane on west half of Buena Vista Road along the frontage of Tract 6577 Phase 4 and 6 (Ward 5).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Metropolitan Bakersfield Transportation Impact Fee program assures that new development bears a proportionate share of the cost of capital expenditures necessary to provide a regional transportation system consistent with the Circulation Element of the Metropolitan Bakersfield General Plan. Funds collected from transportation impact fees are used for the purpose of capital improvements to the transportation facilities contained within the Regional Transportation Facilities (RTIF) List. The Phase III RTIF list was adopted October 10, 2007 (Resolution 221-07). Such improvements shall be of the type as are made necessary by new development, including, but not limited to widening of roadways or installation of a traffic signal. No funds generated by the program are used for periodic or routine maintenance.
When a developer is required to construct an improvement that is on the Regional Transportation Facilities List, the developer is eligible to receive a credit against the traffic impact fees for that project.
The developer must submit a credit request, project description, and a complete cost estimate consistent with the unit costs established by the facilities list.
As a requirement of development of Tract Map 6577 Phase 4 & 6, Buena Vista 6577, LLC has constructed one northbound lane of Buena Vista Road along the frontage of Tract 6577 Phase 4 & 6. The City has listed these improvements on the Phase III Regional Facilities List as required facilities for the orderly development of the transportation infrastructure required by the expected development of the Metropolitan Bakersfield General Plan. The City has budgeted $135,330.33 for the construction of these improvements. Buena Vista 6577, LLC wishes to receive a transportation impact fee credit (not to exceed $135,330.33) for the construction of the above-listed improvement. Buena Vista 6577, LLC would like to transfer this credit to Froelich Signature Homes, Inc. and apply the credit to Tracts 6577 Phase 4 and 5 as listed on Exhibit C (attached).
FISCAL IMPACT:
This credit is given to cover future transportation impact fees in exchange for work completed by developer that is on the Regional Transportation List. There is no impact to the General Fund COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Transportation Impact Fee Credit Agreement with Buana Vista 6577 LLC
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: January 23, 2025
SUBJECT: Final Map, Improvement Agreement, and Landscape Agreement with Deertrail VAG 1 LLC for Tract 6859 Phase 2
Developer is requesting to enter into agreements in order for the final map for Tract 6859 Phase 2 located South of McKee Rd. and West of Gosford Rd. be approved and recorded (Ward 5).
RECOMMENDATION:
Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement.
BACKGROUND:
Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 6859 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Deertrail VAG 1 LLC, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded.
The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.
The Landscape Improvement Agreement requires the Developer to complete the required landscape and irrigation improvements within the time frame and in the manner outlined in the agreement’s terms. A landscape agreement is required whenever the Developer desires to record their final map before the landscaping improvements are in.
FISCAL IMPACT:
Proposed street improvements are being bonded for and included within the proposed improvement agreement and landscape agreement. Therefore, no financial impact to the City General Fund.
COUNCIL GOAL:
Reliable infrastructure
ATTACHMENTS:
1. TR 6859-2 Final Map
2. TR 6859-2 Imp Agr
3. TR 6859-2 LS Agr
4. TR 6859-2 Vicinity Map
5. TR 6859-2 covenants
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ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: January 22, 2025
SUBJECT: Final Map and Improvement Agreement with Deertrail Abbey Court 1, LLC Tract 7152 Phase 2.
Developer is requesting to enter into an improvement agreement in order for the final map for Tract 7152 Phase 2 located northeast corner of South Fairfax Road and (Future) East Wilson Road to be approved and recorded (Ward 1).
RECOMMENDATION:
Staff recommends approval of the Final Map, and Improvement Agreement.
BACKGROUND:
Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7152 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Deertrail Abbey Court 1, LLC, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded.
The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.
FISCAL IMPACT:
Proposed street improvements are being bonded for and included within the proposed improvement agreement. Therefore, no financial impact to the City General Fund.
COUNCIL GOAL:
Reliable Infrastructure.
ATTACHMENTS:
1. Tract 7152-2 – Final Map
2. Tract 7152-2 – Improvement Agreement
3. Tract 7152-2 – Vicinity Map
4. Tract 7152-2 – Covenants
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: February 12, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2022-263
with Tyack’s Tire Inc (increase compensation $70,000; revised not to exceed $230,000) to continue repair and replacement services.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
The Public Works Department’s Fleet Division is responsible for the maintenance and repair of City vehicles and equipment. The City’s vehicles and equipment often need additional resources primarily for road call tire repairs and replacements.
On December 14, 2022, the City entered into Agreement No. 2022-263 with Tyack’s Tire Inc to provide tire repair and replacement services for City’s vehicles and equipment. Tyack’s Tire Inc was selected through a formal Request for Proposal and Qualifications process.
On February 28, 2024, Amendment No. 1 to Agreement 2022-263 was approved to increase the compensation by $80,000, for a revised not to exceed amount of $160,000, and to extend the term for an additional year.
The City’s partnership with Tyack’s Tire Inc has been a successful as the vendor is efficient in responding to and performing road on-call services to City vehicles and equipment in a timely manner and provides quality work.
Amendment No. 2 will extend the term one year to continue tire repair and replacement services and increase compensation by $70,000 for a revised not to exceed amount of $230,000.
FISCAL IMPACT:
Sufficient funds are within the Fiscal Year budget and available in the Equipment Fund to cover costs associated with this amendment.
COUNCIL GOAL:
Innovative and Efficient City Government
Safety and Resilience
ATTACHMENTS:
Amendment No. 2 to Agreement 2022-263
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: February 12, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2021-065 with Nishikawa Property Maintenance, Inc.
($89,913.60; not to exceed $432,529.60 and extend term for one year), for continued sports field maintenance for Bakersfield Sports Village maintenance Ward 7 RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
Bakersfield Sports Village (BSV) stadium field provides championship style experience for soccer and football games. The maintenance agreement will ensure the best possible field conditions for programmed events. The maintenance and condition of the stadium field is important for marketing the complex for regional, state and national tournaments.
On March 17, 2021, Council approved Agreement No. 2021-065 with Nishikawa Property Maintenance, Inc. (Contractor) to provide sports field maintenance. The initial term of the agreement was for a 3-year period terminating on March 17, 2024 in the amount not to exceed $214,092.00.
On February 14, 2024, Council approved Amendment No. 1 to Agreement No. 2021-065 which increased the compensation by $128,524, to a new not to exceed amount of $342,616 and extend the term of the agreement by one year period terminating on March 17,2025.
The City and Contractor have agreed to continue sports field maintenance at BSV. Amendment No. 2 to Agreement No. 2021-065 will increase compensation by $89,913.60 to a new not to exceed amount of $432,529.60 and extend the term by one year terminating on March 17, 2026.
FISCAL IMPACT: Recreation and Parks Department’s FY 2024/25 adopted operating budget within the General Fund has sufficient funds to allow for the continuance of the maintenance agreement. No additional appropriation is required.
COUNCIL GOAL:
Reliable Infrastructure
Community Character & Quality of Life
ATTACHMENTS:
Amendment No. 2 to Agreement No. 2021-065
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: CONSENT - Agreements TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: February 12, 2025
SUBJECT: Amendment No. 2 to Agreement 2021-066 with Nishikawa Property Maintenance (increase compensation $125,862.00; revised not to exceed $654,922.00 and extend term by one year), for continued sports field maintenance at the Mesa Marin Sports Complex (Ward 3)
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
Mesa Marin Sports Complex (MMSC) provides year-round softball league play and tournament rentals.
The facility allows three seasonal City-run leagues serving approximately 500 teams annually and attracts regional, state, and national tournament play. The maintenance and conditions of the sport fields is imperative to ensure the facility provides the best possible field conditions to market the complex for regional, state, and national tournaments.
On March 17, 2021, Council approved Agreement No. 2021-065 with Nishikawa Property Maintenance, Inc. (Contractor) to provide sports field maintenance. The initial term of the agreement was for a 3-year period terminating on March 17, 2024 and a not to exceed amount of $354,060.00.
On February 14, 2024, Council approved Amendment No. 1 to Agreement No. 2021-066 by increasing the compensation by $175,000.00 with a new not to exceed amount of $529,060.00 and extended the term of the agreement by one year terminating on March 17, 2025.
The City and Contractor have agreed to continue sports field maintenance at MMSC. Amendment No. 2 to Agreement No. 2021-066 will increase the compensation by $125,862.00 to a new not to exceed amount of $654,922.00 and extend the term of the agreement by one year terminating on March 17, 2026.
FISCAL IMPACT: Recreation and Parks Department’s FY 2024/25 adopted operating budget within the General Fund has sufficient funds to allow for the continuance of the maintenance agreement. No additional appropriation is required.
COUNCIL GOAL:
Reliable Infrastructure
Community Character & Quality of Life
ATTACHMENTS:
Amendment No. 2 to Agreement 2021-066
ADMINISTRATIVE REPORT
MEETING DATE: 2/26/2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and Council
FROM: Zachary Meyer, Public Works Director
DATE: 2/12/2025
SUBJECT: Contract Change Order No. 29 to Agreement No. 18-176 with Security Paving Company (increases compensation by $50,765.10; revised not to exceed $51,898,387.03), for the Bakersfield Freeway Connector Project. (Wards 1 & 2) RECOMMENDATION:
Staff recommends approval of the change order.
BACKGROUND:
The Bakersfield Freeway Connector Project will construct improvements along westbound State Route (SR) 58 and southbound SR-99. The improvements include an additional auxiliary lane on westbound SR58, realignment of the westbound SR-58 to southbound SR-99 connector, construction of a branch connector for SR-58 to southbound SR-99 and construction of a collector distributor along southbound SR-99 for the Ming Avenue off-ramps.
Change Order No. 29 provides compensation to the contractor for providing and installing the PG&E power service underground ducts and transformer pad per the PG&E design drawings for the loop ramp lighting and Belle Terrace Pump Plant. The PG&E power service designs were completed after the project bid drawings were issued. This change order results in an increase of $50,765.10.
The Contractor has refused to sign this change order alleging additional time and money. However, the Contractor needs to substantiate the request for time and money. In a good faith effort to make payments to the Contractor, staff recommends unilateral approval of this change order using the engineer's calculated quantities and without the Contractor's signature. If the Contractor later submits acceptable justification for revisions to this change order, staff will review the additional information and, if changes are warranted, a supplemental change order may be in place on a future City Council Agenda.
FISCAL IMPACT:
The sum of all change orders to date on this project reflects a total cost increase of $3,311,992.03 which results in a 6.82% increase of the original contract amount as illustrated below:
Original Contract Amount = $48,586,395.00
Previous Change Orders = $3,261,226.93
Current Change Order = $50,765.10
Amended Contract Agreement after CCOs = $51,898,387.03
Net Increase to date = $3,311,992.03
There is no General Fund impact associated with this change order.
Federal, State, and Local Funding for this change order is available in Project TRCC22 Centennial Corridor Bakersfield Freeway Connector.
COUNCIL GOAL:
Reliable infrastructure
ATTACHMENTS:
CCO 029 – PGE Loop Ramp BTPP Power Services
CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF
CONTRACT NO. P.O. NO.
PROJECT: Bakersfield Freeway Connector Project
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Andres Roldan, Construction Manager, AECOM DATE: 5/5/2020 CHANGE REQUESTED BY: Andres Roldan, Construction Manager, AECOM DATE: 5/5/2020 ACCOUNT NO (S) 122-4021-825-8041 TRCC22 - (144)
126-4021-825-8041 TRCC22 - (245)
151-4021-825-8041 TRCC22 - (245) INCREASE $50,765.10
335-4021-825-8041 TRCC22 - (245) DECREASE $0.00
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: Deferred NO
Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Accepted, Date: Contractor: Title:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 18-176 29
PRNSL-5109(245)
CHANGE ORDER NO.
Extra Work at Agreed Lump Sum:
As directed by the Engineer, in accordance with Section 4-1.05 "Changes and Extra Work" incorporate the changes as required by the PG&E power service design drawings for the loop ramp lighting (3400 Stockdale Highway) and the Belle Terrace Pump Plant (3234 Mona Lane).
For this work, the Contractor will be paid the agreed lump sum of $50,765.10. This sum constitute full and complete compensation for providing all labor, material, equipment, tools and incidentals, including all markups by reason of this change.
Loop Ramp (3400 Stockdale Highway) $27,978.83
Pump Plant (3234 Mona Lane) $22,786.27
Total $50,765.10
Adjustment of contract time is deferred pending completion of the specified work, and the submittal of the required time impact analysis, as it may affect or become the controlling operation. Submit the required time impact analysis within 30 days of completing the work.
UNILATERAL
29 2 4
7186
SHEET 1 OF 1
PROJECT:
PREPARED BY:
TEXT FILE:
DESCRIPTION:
29 3
4 29
4 4
ADMINISTRATIVE REPORT
MEETING DATE: 2/26/2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: 2/12/2025
SUBJECT: Contract Change Order No. 136 to Agreement No. 19-069 with Security Paving Company (decreasing compensation by $4,348.70; revised not to exceed $151,903,840.08) for the Centennial Corridor Mainline Project. (Wards 1, 2, & 3) RECOMMENDATION:
Staff recommends approval of the change order.
BACKGROUND:
The Centennial Corridor Mainline Project (Project) proposes to extend State Route 58 (SR-58) from the current terminus as a freeway at State Route 99 (SR-99) to the Westside Parkway. At the SR-58/SR-99 interchange, the Project adds a collector-distributor on the northbound SR-99 and constructs a new northbound to westbound connector. The Project also includes various local road improvements including; realignment and introducing cul-de-sacs at the end of local roads along the corridor, widening and realignment of Chester Avenue at SR-58, and construction of a traffic signal at the eastbound SR-58 ramps/Brundage Lane intersection (which is part of the SR-58/Cottonwood Road interchange). This Project was awarded in July of 2019.
Change Order No. 136 decreases compensation to the contractor as a result of changing the striping within the Mohawk Park and Ride lot from permanent tape to thermoplastic. It was agreed by Caltrans, City, and designer that wheel turning in the parking lot would result in the deterioration of the tape. This change order results in an estimated decrease of $4,348.70.
The Contractor has refused to sign this change order alleging additional time and money. However, the Contractor needs to substantiate the request for time and money. In a good faith effort to make payments to the Contractor, staff recommends unilateral approval of this change order using the engineer's calculated quantities and without the Contractor's signature. If the Contractor later submits acceptable justification for revisions to this change order, staff will review the additional information and, if changes are warranted, a supplemental change order may be in place on a future City Council Agenda.
FISCAL IMPACT:
The sum of all change orders to date on this project reflects a total cost increase of $4,890,183.83 which results in a 3.33% increase of the original contract amount as illustrated below:
Original Contract Amount = $147,013,656.25
Previous Change Orders = $4,894,532.53
Current Change Orders = -$4,348.70
Amended Contract Agreement after CCOs = $151,903,840.08 Net Increase to date = $4,890,183.83
There is no General Fund impact associated with this change order.
Federal, State, and Local funding for these change orders is available in project TRCC21 Centennial Corridor Phase 4 Mainline.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
CCO 136 - Park and Ride Lot Striping Change
CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 1
CONTRACT NO. P.O. NO.
PROJECT:
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 4/24/2024 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 4/24/2024 ACCOUNT NO (S) 122-4021-825.80-41 TRCC21
127-4021-825.80-41 TRCC21 INCREASE $0.00
335-4021-825.80-41 TRCC21 DECREASE ($4,348.70)
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: NONE NO
Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Contractor: Title:
CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 19-069 136
NCIIPL-5109(251)
CHANGE ORDER NO.
Centennial Corridor MAINLINE
Accepted, Date:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
As authorized by the Engineer, and in accordance with section 4-1.05 "Changes and Extra Work", stripe the Park and Ride lot on Mohawk Ave with Thermoplastic striping instead of the permanent tape shown on the contract plans.
ELIMINATE CONTRACT ITEM AT CONTRACT ITEM PRICE:
Item No. A249, 4" Traffic Stripe Tape (Warranty) -1,630 LF (-100%) @ $3.65/LF = $-5,949.50 (-100%) TOTAL = $-5,949.50
DECREASE IN CONTRACT ITEM AT CONTRACT ITEM PRICE:
Item No. A252, 6" Traffic Stripe Tape (Warranty) -275 LF (-0.49%) @ $4.77/LF = $-1,311.75 (-0.49%) Item No. A254, 6" Traffic Stripe Tape (Warranty) (Broken 17-7) With Contrast Treatement -45 LF (-11.25%) @ $1.95/LF = $-87.75 (11.25%) Item No. A259, Pavement Marking Tape (Warranty) -283 SQFT (-8.25%) @ $15.90/SQFT = $-4,499.70 (-8.25%) TOTAL = $-5,899.20
EXTRA WORK AT FORCE ACCOUNT:
Provide all labor, materials, equipment, tools and incidentals to stripe the Park and Ride lot with Thermoplastic Traffic Stripe matching the colors and layout shown on the contract plans.
EXTRA WORK AT FORCE ACCOUNT: $7,500.00
TIME ADJUSTMENT:
NO ADJUSTMENT
UNILATERAL
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: February 5, 2025
SUBJECT: Reject bids for Street Corridor Improvements along Chester Avenue from Brundage Lane to Truxtun Avenue.
(Ward 2)
RECOMMENDATION:
Staff recommends the rejection of the bids.
BACKGROUND:
The Street Corridor Improvements along Chester Avenue from Brundage Lane to Truxtun Avenue is part of the Downtown Master Streetscape Plan that will enhance various improvements in downtown Bakersfield along one of its main roadway networks. The work consists, in general, of roadway excavation, rehabilitation of the existing pavement, adjusting manholes and monument covers, construction of minor concrete curb/gutter and access ramps, medians, decorative and stamped concrete, decorative pavers, landscaping improvements, irrigation systems, storm drainage improvements, bioswales, street lighting improvements, street furniture, monuments (decorative), aesthetic features, installation of striping, pavement marking, bike lane striping, and traffic signal detector loops.
This project is predominately federally funded through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant. The City was able to obtain a $10,000,000 RAISE grant through a competitive grant process. The grant funding stipulates that a construction contract must be awarded by June 30, 2027 and the grant funding must be expended by June 30, 2032. This project also includes $3,000,000 in Public Safety and Vital Services (PSVS) funding.
The Engineer’s Estimate for the Base Bid of this project was $15,500,000. The project also had an Additive Alternate, but the lowest bid was based on who submitted the lowest base bid amount.
On November 14, 2024, the City received four (4) bids out of the five (5) pre-approved bidders on the Final Bidders List for this project. All bids came in significantly higher than the budgeted funds for this project. Those submitted bids are listed below:
Griffith Company
1128 Carrier Parkway Ave in the amount of Base Bid: $19,619,155.00 Bakersfield, CA 93308
Bowman Asphalt, Inc.
3333 Gibson Street in the amount of Base Bid: $21,969,297.00 Bakersfield, CA 93308
Cen-Cal Construction
34762 Lencioni Avenue in the amount of Base Bid: $22,093,871.40 Bakersfield, CA 93308
C.A Rasmussen, Inc.
28548 Livingston Avenue in the amount of Base Bid: $25,211,785.61 Valencia, CA 91355
Staff recommends that all bids be rejected and that the project be readvertised at a later date. Staff will work with various contractors to get value engineering items implemented into the redesign which will bring down the overall costs without jeopardizing the scope of work or RAISE grant funding. Staff has already received positive feedback about lowering some of the costs of the project which will help reduce the funding shortfall.
Public Works staff and City Managers Office staff will continue to seek for and recommend additional funds when this is brought back to City Council in the new Fiscal Year (FY 2025-2026). Staff anticipate readvertising the project once the redesign is implemented and the project is fully funded.
FISCAL IMPACT:
There are no City General Funds impacts associated with the rejection of bids, also the primary source of fund for the project is a Federal RAISE Grant program which the City successful was awarded in 2023.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
N/A
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2025 AGENDA CATEGORY: Consent - Miscellaneous TO: Honorable Mayor and Council
FROM: Anthony Valdez, Assistant City Manager
DATE: February 19, 2025
SUBJECT: Review and Approval of the 2025 State Legislative Advocacy Platform [Document Description]
RECOMMENDATION:
Staff recommends Council approval of the 2025 State Legislative Advocacy Platform.
BACKGROUND:
Each year, the Bakersfield City Council adopts a Legislative Platform which outlines the City’s legislative priorities and interests. The platform provides general authority and direction regarding advocacy efforts on behalf of the City to the City Manager’s Office, City departments and the City’s legislative advocate.
Following approval of the platform, the City’s advocate will return to the Committee for quarterly updates on positioned bills and activity in the Capitol.
FISCAL IMPACT:
None.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Draft 2025 State Legislative Advocacy Platform