Agenda, regular meeting, second session — Bakersfield City Council, May 28, 2025 (part 2 of 5)

^.tharp. PROPOSAL 9
E.M. Tharp Inc., d.b.a. Golden State Peterbilt
1450 South Union Bakersfield, CA 93307 (661) 833-1700 Phone (661) 833-2788 Fax City of Bakersfield CY2024-2028 Sourcewell Customer Pricing 032824-PMC May 1, 2025 4101Truxtun Ave
Bakersfield Ca 93309
Stock Number
Quote Number
0 25 VIN -
661-326-3795 Contact- Jamie Floes Estimated Delivery Date - May 20, 2025 Thank you for the opportunity to earn your business. We lookforward to working with you on your business needs.

Please accept the following proposal
Make
Peterbilt
Year Model Cab Configuration
Day Cab
Market Segment
Government
Vehicle Config.

Refuse (GG)
Miles
2024 567
GVW 66,000 Lbs. GVWR jNn^£Ol^s^to^0£00^L^ CGVWR (N) 75,001 Lbs, to 80,000 lbs. | QTY 1 Per Unit Total Units
Vehicle Price $ 208,865.00 $ 208,865.00
Surcharges
$ s
s s
s s
$ $
Body Co / Dealer Installed / Accessories
s s
0 $ s
Supper Dump Assembly Industral $ 92,050.00 $ 92,050.00
0 S s
$ $
0 s $
Sourcewell ft 032824 $ $
TAX
Federal Excise Tax (F.E.T.) S S
Federal Excise Tax Tire Credit $ $
Net Sales Price $ 300,915.00 $ 300,915.00
Estimated License, License Transfer, Reg. Fee S 45.00 s 45.00 State Tax, Local Tax, & Document Fee Tax 8.250% $ 24,858.08 $ 24,858.08 Tire Recycling Fee s 17.50 s 17.50
Documentary Fee (rand) S 45.00 s 45.00
Administration Fee (Taxed) $ 350.00 S 350.00
Delivery Fee S (350.00) S (350.00)
Optional Extended Warranty / Non Taxable Items
s s
engine warranty 5 year 200,000 miles $ 9,500.00 S 9,500.00 $ $
S $
s $
s $
Total Sales Price $ 335,380.58 $ 335,380.58
Trade Allowance
Deposits
Down Payments
$
s
Please Remit Total $ 335,380.58
Proposal Valid For: 30 Days ●See DISCUMMER(Page2) Page 1 of 2 Version 25.0

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent – Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: April 29, 2025
SUBJECT: Resolutions adding Areas 1-140, 1-141, 3-122, and 4-304 to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director’s Report for each:

1. Resolution adding Area 1-140 (7820 Allen Road): Street Tier =0.5; Park Tier = 0 – (Ward 4)

2. Resolution adding Area 1-141 (13004 Stockdale Highway): Street Tier = 0.5; Park Tier = 0 – (Ward 5)

3. Resolution adding Area 3-122 (9001 Panama Lane): Street Tier = 1.5; Park Tier = 0 – (Ward 5)

4. Resolution adding Area 4-304 (710 Jackson Street): Street Tier = 1; Park Tier = 0 – (Ward 2) RECOMMENDATION:

Staff recommends adopting the resolutions.

BACKGROUND:

On May 14, 2025, the City Council adopted Resolution of Intention No 2230, 2231, 2232, 2233, to add Areas 1-140, 1-141, 3-122, 4-304 to 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 these areas to the Consolidated Maintenance District is not prohibited by Proposition 218.

The City of Bakersfield has received letters from the owners of the properties 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 owners 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 city wide.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Resolution adding Area 1-140 to the CMD

2. MD 1-140 Exhibits 1-H

3. Resolution adding Area 1-141 to the CMD

4. MD 1-142 Exhibits 1-H

5. Resolution adding Area 3-122 to the CMD

6. MD 3-122 Exhibits 1-H

7. Resolution adding Area 4-304 to the CMD (revised)

8. MD 4-304 Exhibits 1-H

Page 1 of 4 ends

RESOLUTION NO. _____________
A RESOLUTION ADDING TERRITORY, AREA 1-140 (7820 ALLEN
ROAD) 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 4)
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 1-140 (7820 Allen Road) 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. 2230 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

Page 2 of 4 ends

of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 1-140, as shown and designated on that certain map entitled “Map and Assessment Diagram for Addition of Territory, Area 1-140 (7820 Allen Road), 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 1-140 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

Page 3 of 4 ends

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

Page 4 of 4 ends

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 1-140
Fiscal Year 2024-2025
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 7820 Allen Road 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 1-140
Containing: 12.7 Acres, more or less.

SPR 24-0269
7820 Allen Road Bakersfield California

LEGAL DESCRIPTION
An area located in Section 1, Township 29, Range 26 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 1-140

EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2024-2025)
530-030-15-00-7 $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 1-140

ASSESSMENT ROLL

EXHIBIT E

EXHIBIT F

EXHIBIT
G

EXHIBIT
H

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RESOLUTION NO. _____________
A RESOLUTION ADDING TERRITORY, AREA 1-141 (13004

STOCKDALE HIGHWAY) 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 5)
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 1-141 (13004 Stockdale Highway) 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. 2231 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

Page 2 of 4 ends

of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 1-141, as shown and designated on that certain map entitled “Map and Assessment Diagram for Addition of Territory, Area 1-141 (13004 Stockdale Highway), 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 1-141 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.

5. The Kern County Tax Collector is hereby authorized to collect such assessments.

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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.

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

Page 4 of 4 ends

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 1-141
Fiscal Year 2024-2025
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 13004 Stockdale Highway 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.

Dated:

ZACHARY MEYER
Public Works Director
City of Bakersfield
Area 1-141
Containing: 1.38 Acres, more or less.

SPR 24-0198
13004 Stockdale Hwy Bakersfield California

LEGAL DESCRIPTION
An area located in Section 35, Township 29, Range 26 M.D.B. & M., more particularly described as follows:

EXHIBIT A

Multiplied by
(Tier):

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

Rate:

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:

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

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.

NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.

MAINTENANCE DISTRICT AREA 1-141

EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2024-2025)
409-122-21-00-9 $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 1-141

ASSESSMENT ROLL

EXHIBIT E

EXHIBIT F

EXHIBIT G

EXHIBIT I
Exhibit H

Page 1 of 4 ends

RESOLUTION NO. _____________
A RESOLUTION ADDING TERRITORY, AREA 3-122 (9001

PANAMA LANE) 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 5)
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 3-122 (9001 Panama Lane) 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. 2232 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

Page 2 of 4 ends

of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 3-122, as shown and designated on that certain map entitled “Map and Assessment Diagram for Addition of Territory, Area 3-122 (9001 Panama Lane), 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 3-122 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.

5. The Kern County Tax Collector is hereby authorized to collect such assessments.

Page 3 of 4 ends

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.

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

Page 4 of 4 ends

By: _________________________________________

VIRIDIANA GALLARDO-KING
Deputy City Attorney

Attachments: Exhibit “1” Exhibit “D”
Exhibit “A” Exhibit “E”
Exhibit “B” Exhibit “F”
Exhibit “C”
EXHIBIT 1

PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-122
Fiscal Year 2024-2025
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 9001 Panama Lane and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield.

Dated:

ZACHARY MEYER
Public Works Director
City of Bakersfield
Area 3-122
Containing: SITE AREA IN ACRES Acres, more or less.

SPR 23-0502
9001 Panama Lane Bakersfield California

LEGAL DESCRIPTION
An area located in Section 29, Township 30, Range 27 M.D.B. & M., more particularly described as follows:

EXHIBIT A

Multiplied by
(Tier):

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

Rate:

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:

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

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.

NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.

MAINTENANCE DISTRICT AREA 3-122

EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2024-2025)
540-010-42-00-2 $0.00
540-010-43-00-5 $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 3-122

ASSESSMENT ROLL

EXHIBIT E

EXHIBIT F

EXHIBIT
G

EXHIBIT
H
EXHIBIT 1

PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-304
Fiscal Year 2024-2025
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 710 Jackson 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.

Dated:

ZACHARY MEYER
Public Works Director
City of Bakersfield
Area 4-304
Containing: 0.21 Acres, more or less.

SPR 24-0460
710 Jackson Street Bakersfield California

LEGAL DESCRIPTION
An area located in Section 29, Township 29, Range 28 M.D.B. & M., more particularly described as follows:

EXHIBIT A

EXHIBIT A
BAKER

JACKSON
01431014
±
0 12.5 25 50 75
Feet

MAP AND ASSESSMENT DIAGRAM
Prepared by the City of Bakersfield, CA, Department of Technology Services, Geographic Information Services and Public Works, Sub-Division The City of Bakersfield makes no warranty, representation ,or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents.

FOR ADDITION OF TERRITORY
(AREA 4-304) TO THE

CONSOLIDATED MAINTENACE DISTRICT

BAKERSFIELD, CALIFORNIA
EXHIBIT "B"
FILE: MD 4-304 SHEET 1 of 1
MD 4-304

Multiplied by
(Tier):

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

Rate:

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:

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

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.

NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.

MAINTENANCE DISTRICT AREA 4-304

EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2024-2025)
014-310-14-00-2 $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 4-304

ASSESSMENT ROLL

EXHIBIT E

EXHIBIT F

EXHIBIT
G

EXHIBIT
H

Page 1 of 4 ends

RESOLUTION NO. _____________
A RESOLUTION ADDING TERRITORY, AREA 4-304 (710

JACKSON 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 4-304 (710 Jackson 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. 2233 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

Page 2 of 4 ends

of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4-304, as shown and designated on that certain map entitled “Map and Assessment Diagram for Addition of Territory, Area 4-304 (710 Jackson 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 4-304 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.

5. The Kern County Tax Collector is hereby authorized to collect such assessments.

Page 3 of 4 ends

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.

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

Page 4 of 4 ends

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”

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent – Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 6, 2025
SUBJECT: Resolution of Intention No. 2235 for 2025-2026 CMD Budget for Park Landscaping Assessments.

Preliminarily adopting, confirming, and approving the Public Works Director’s Report for the Consolidated Maintenance District (“CMD” herein) and the 2025-2026 CMD budget and setting the time and place for hearing protests regarding the amount of park landscaping assessments to be levied throughout the CMD
RECOMMENDATION:

Staff recommends adoption of the resolution of intention.

BACKGROUND:

On January 12, 2005, the City Council passed Resolution No. 019-05 adopting the City Council policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the CMD.

Assessment rates for all existing developments prior to that were not increased and the rates remain at the 2004-2005 level. Since January 12, 2005, all new territories added to the CMD that benefit from public parks and/or street landscaping have been assessed and will continue to be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Resolution No. 019-05. Said amounts shall be increased annually by the cost-of-living increase reflected in the Los Angeles – Long Beach – Anaheim/All Urban Consumers Consumer Price Index.

This is a 5.43% increase over the previous year’s budget of $4,200,464.14. Per Resolution No. 63-96, the city shall subsidize 66% ($2,923,105.76) of the park landscaping budget. Therefore, the 2025-2026 amount of the park landscaping budget to be assessed to property owners is $1,505,842.36.

Each territory currently within the CMD was added by City Council resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor’s Roll for each territory within the CMD are on file in the City Clerk’s Office with its respective Council resolution.

This resolution of intention sets the protest hearing for the Council meeting on Wednesday, June 11, 2025, at 5:15 P.M.

FISCAL IMPACT:

The revenue from Maintenance Assessment Districts supports ongoing maintenance in the districts for the year. The General Fund subsidizes the CMD cost due to the amount of fees collected falling short, however this is consistent with the resolution and policy enacted by City Council in prior years.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Resolution of Intent # 2235

2. Exhibit 1 – Director’s Report

3. Exhibit A – Director’s Report Benefit Formula

4. Exhibit B – Director’s Report Budget
S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\CSMD\Park Landscaping\ROI 2235 Park.docx RESOLUTION OF INTENTION NO. 2235

A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING,

CONFIRMING, AND APPROVING THE PUBLIC WORKS

DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE
DISTRICT AND THE 2025-2026 BUDGET AND SETTING THE TIME

AND PLACE FOR HEARING PROTESTS REGARDING THE

AMOUNT OF PARK LANDSCAPING ASSESSMENTS TO BE

LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE
DISTRICT. (ALL WARDS)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative 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 several lots or parcels of property within the maintenance district established therefore; and
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", which includes the following attachments:
a) The benefit formula, attached to the Director’s Report as Exhibit "A”; b) The proposed 2025-2026 budget, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached to the Director’s Report as Exhibit "B"; and
WHEREAS, the amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in CD format with the office of Public Works Subdivisions.

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 reserves the right to perform the work of maintenance and operation of the public improvements within the Consolidated Maintenance District 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.

3. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territories within the boundaries so specified and described in the Consolidated Maintenance District benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\CSMD\Park Landscaping\ROI 2235 Park.docx territories, as previously passed by their respective Council Resolutions and are now on file with those Resolutions in the Office of the City Clerk of the City of Bakersfield, California.

4. The City Council hereby sets WEDNESDAY, JUNE 11, 2025, AT 5:15 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters:
 Fairness of the benefit formula;
 Zone of benefit including tier level;
 The amount of the park landscaping assessment on any parcel of property to be assessed; and
 Reservation by city of right to elect whether to proceed to perform work by city forces or by private contractor.

Any interested person may object to any of the above-listed matters by filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said hearing shall present to the Council all such protests filed with said Clerk.

5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code.
-oOo-
S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\CSMD\Park Landscaping\ROI 2235 Park.docx I HEREBY CERTIFY that the foregoing Resolution of Intention 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
ACTING CITY CLERK and Ex Officio
Clerk of the Council of the City of Bakersfield
APPROVED _______________________
By: _______________________________

KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:

VIRGINIA GENNARO

CITY ATTORNEY
By: ________________________________

VIRIDIANA GALLARDO-KING
Deputy City Attorney II
Attachments: Exhibit 1 - Director’s Report
Exhibit A - Director’s Report Benefit Formula
Exhibit B - Director’s Report Budget
EXHIBIT 1

PUBLIC WORKS DIRECTOR'S REPORT FOR THE

CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2025-2026
The City of Bakersfield Consolidated Maintenance District consists of all existing territories, separately and specifically described, in part, in the County of Kern Assessors Tax Number of each territory for the various areas of benefit within the City of Bakersfield, County of Kern, State of California. The amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in the office of the City Clerk. The 2025-2026 budget for the Consolidated Maintenance District, Exhibit “B,” is attached hereto and incorporated by reference as though fully set forth herein.

Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the areas of the district for the cost of maintaining and operating public parks, public street medians and other public street landscaping improvements. The improvements for the Consolidated Maintenance District Street Landscaping Zone of Benefit generally include but are not limited to: Public Street Landscaping Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, lighting, irrigation systems, conduits, water mains; and Public Street Median Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits and water mains. The improvements for the Consolidated Maintenance District Park Zone of Benefit generally include, but are not limited to: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains, playground equipment, picnic tables, drinking fountains, barbecue pits, security lighting and restrooms.

The improvements in this Consolidated Maintenance District are of a public nature. The assessment includes the cost of necessary repairs, replacements, water, equipment, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof.

For many years, parks, street medians and other street landscaping improvements in the City were maintained through traditional tax revenues. After the passage of Proposition 13 in 1978, funds available for maintenance and operation of local public improvements were substantially reduced.

At present the City's budget does not allow for the cost of all maintenance and operation of local public improvements of the types described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new parks, public street median or other public street landscaping improvements to be constructed within the City. The funds generated as the result of this district are utilized strictly for the purpose of and applied to the maintenance and upkeep of public parks, public street median and other public street landscaping within the district. The Consolidated Maintenance District has been specifically designated to address park maintenance and operation, and maintenance of public street median and other public street landscaping improvements and all parcels within the district are affected.

EXHIBIT 1
The benefits from the installation of street landscaping accrue to all the lot or parcel owners within the Consolidated Maintenance District Street Landscaping Zone of Benefit. The benefits of the street landscaping inure to all lots or parcels uniformly, and are based on an Equivalent Dwelling Unit basis, in accordance with Exhibit “A” attached hereto.

Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of Benefit. These benefits are, therefore, uniformly assessed on an Equivalent Dwelling Unit basis, in accordance with Exhibit “A” attached hereto. No assessment for park benefits is made on non-residential lots.

Historically, the City has identified the costs of street and median landscaping and park maintenance amenities that are not within the boundaries of the Consolidated Maintenance District and are therefore paid for out of the General Fund. The City then provided a subsidy to parcels within the Consolidated Maintenance District up to the amount of those costs (i.e., as of 1996, a 66% subsidy for park maintenance costs and 7.3% for street and median landscape maintenance costs). After the passage of Proposition 218 in 1996, the City has not raised assessment rates within the Consolidated Maintenance District even though maintenance costs have risen. Consequently, the subsidies to parcels within the Consolidated Maintenance District have continued to rise since 1996.

On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District.

As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit “A” of Resolution No. 019-05. As per that 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,” which is currently known as the “Los Angeles – Long Beach – Anaheim/All urban Consumers Consumer Price Index.”
NOW, THEREFORE, I, ZACHARY MEYER, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Benefit Formula and Budget for the Consolidated Maintenance District for FY 2025-2026, attached hereto as Exhibit “A” & “B” respectively. The Assessment Roll for the Consolidated Maintenance District for all parcels of property within the various areas of benefit of the Consolidated Maintenance District, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory, is on file in the City Clerk’s Office.

Dated: _________________
_____________________________________

ZACHARY MEYER
Public Works Director
City of Bakersfield
Exhibit “A”

BENEFIT FORMULA

CONSOLIDATED MAINTENANCE DISTRICT

CITY OF BAKERSFIELD
Each parcel in the Consolidated Maintenance District shall be assessed the sum of the amounts as defined below:

Rate:

The rate shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District as approved by City Council Resolution 019-05 and incorporated herein. As per that 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,” which is currently known as the “Los Angeles – Long Beach – Anaheim/All urban Consumers Consumer Price Index.” The CPI for the 2025-2026 fiscal year increased by 3.02%; the measurement was taken from a March 2024 through March 2025 assessment. Tier levels for both Parks and Street Landscaping within the Consolidated Maintenance District are established by the Parks and Recreation Department through separate policy.

FORMULA
TOTAL ASSESSMENT AMOUNT = ((PARK RATE X PARK TIER) + (STREET RATE X STREET TIER) X EDU’S + ANY COUNTY FEES.)
PARK RATE AND STREET RATE: Amount assessed annually based upon either the proposition 218 ballots or if the parcel joined prior to proposition 218, the rate in effect when proposition 218 was passed in November 1996.

PARK TIER AND STREET TIER: The factor for the tier level is assigned by the Recreation and Parks Department and is based upon
the level of amenities in proximity to the parcels
receiving special benefit.

COUNTY FEE: Any fees applied by the Kern County Tax Assessors office for the addition and any collections of this
assessment on the annual Tax roll. The fee for the
2025-2026 tax year is $0.20 per billed parcel.

EDU’s: EDU’s or Equivalent Dwelling Units are assigned by the Bakersfield Planning Department as the theoretical
maximum population density by planning zone. If a
parcel is completely developed, then the actual
number of dwelling units will be used for this value.

Any parcel may be added to the City of Bakersfield Consolidated Maintenance District if they fall under the criteria as described in Bakersfield Municipal Code section 13.04 or as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, grading permit or Conditional Use Permit.

Gross Park Budget Amount Required $4,428,948.12
Less: City Contributions per Resolution 63-96 (66%) $2,923,105.76 NET AMOUNT TO BE ASSESSED $1,505,842.36
** Deficits not carried over from previous years. Deficits to be paid by the City of Bakersfield.
(City Staff Services or Contract, Supplies, Materials and Utilities) 2025-2026 BUDGET

CONSOLIDATED MAINTENANCE DISTRICT (CMD)

PARK MAINTENANCE

EXHIBIT B

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent Calendar - Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 6, 2025
SUBJECT: Resolution of Intention No. 2234 for 2025-2026 CMD Budget for Street and Median Landscaping Assessments.

Preliminarily adopting, confirming, and approving the Public Works Director’s Report for the Consolidated Maintenance District (“CMD” herein) and the 2025-2026 CMD budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD.

RECOMMENDATION:

Staff recommends adoption of the resolution of intention.

BACKGROUND:

This resolution of intention preliminarily approves the Public Works Director’s Report, attached and hereto as Exhibit 1, which includes the benefit formula and proposed 2025-2026 budget for the CMD in its entirety. The benefit formula and proposed budget are attached to the Public Works Director’s Report as Exhibit A and B respectively. The 2025-2026 benefit formula notes that the Consumer Price Index (CPI) was calculated to be 3.02%. This percentage is based on the calculated CPI increased from the March 2024 CPI and the March 2025 CPI. The 2025-2026 proposed CMD budget for street and median landscaping is $10,247,397.48. This is an 11.81% increase over the previous year’s budget of $9,165,158.84. Per Resolution No. 63-96, the city shall subsidize 7.33% ($751,134.24) of the street and median landscaping budget. Therefore, the 2025-2026 amount of the street and median landscaping budget to be assessed to property owners is $9,496,263.24.

This resolution of intention sets the protest hearing for the Council meeting on Wednesday, June 11, 2025, at 5:15 P.M.

FISCAL IMPACT:

The revenue from Maintenance Assessment Districts supports ongoing maintenance in the districts for the year. There is no General Fund impact.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. ROI 2234 Street

2. Exhibit 1 – Director’s Report

3. Exhibit A – Director’s Report Benefit Formula

4. Exhibit B – Director’s Report Budget
S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\CSMD\Street-Median Landscaping\ROI 2234 Street.docx RESOLUTION OF INTENTION NO. 2234

A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING,

CONFIRMING AND APPROVING THE PUBLIC WORKS

DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE
DISTRICT AND THE 2025-2026 BUDGET AND SETTING THE TIME

AND PLACE FOR HEARING PROTESTS ON THE AMOUNT OF

STREET AND MEDIAN LANDSCAPING ASSESSMENTS TO BE

1. The benefit formula, attached to the Director’s Report as Exhibit "A";

2. The proposed 2025-2026 budget, containing the matters specified in Section

13.04.120 of the Bakersfield Municipal Code, attached to the Director’s Report as Exhibit "B"; and
WHEREAS, the amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in CD format with the office of Public Works Subdivision.

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.

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.

3. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territories within the boundaries so specified and described in the Consolidated Maintenance District benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said territories, as previously passed by their respective Council Resolutions and are now on file with those Resolutions in the Office of the City Clerk of the City of Bakersfield, California.

S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\CSMD\Street-Median Landscaping\ROI 2234 Street.docx

4. The City Council hereby sets WEDNESDAY, JUNE 11, 2025, AT 5:15 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1600 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters:
 Fairness of the benefit formula;
 Zone of benefit including tier level;
 The amount of the park landscaping assessment on any parcel of property to be assessed; and
 Reservation by city of right to elect whether to proceed to perform work by city forces or by private contractor.

5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code.
-oOo-
S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\CSMD\Street-Median Landscaping\ROI 2234 Street.docx 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 of the City of Bakersfield
APPROVED as to form:

VIRGINIA GENNARO

CITY ATTORNEY
By: ________________________________________

VIRIDIANA GALLARDO-KING

DEPUTY CITY ATTORNEY II
Attachments: Exhibit “1” - Director’s Report
Exhibit “A” - Director’s Report Benefit Formula
Exhibit “B” - Director’s Report Budget
S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\CSMD\Street-Median Landscaping\Exhibit 1 - Director's Report.docx EXHIBIT 1

PUBLIC WORKS DIRECTOR'S REPORT FOR THE

CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2025-2026
The City of Bakersfield Consolidated Maintenance District consists of all existing territories, separately and specifically described, in part, in the County of Kern Assessors Tax Number of each territory for the various areas of benefit within the Consolidated Maintenance District within the City of Bakersfield, County of Kern, State of California. The amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in the office of the City Clerk.

The 2025-2026 Budget for the Consolidated Maintenance District, Exhibit “B” is attached hereto and incorporated by reference as though fully set forth herein.

Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the areas of the district for the cost of maintaining and operating public parks, public street medians and other public street landscaping improvements. The improvements for the Consolidated Maintenance District Street Landscaping Zone of Benefit generally include, but are not limited to: Public Street Landscaping Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, lighting, irrigation systems, conduits, water mains; and Public Street Median Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits and water mains. The improvements for the Consolidated Maintenance District Park Zone of Benefit generally include, but are not limited to: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains, playground equipment, picnic tables, drinking fountains, barbecue pits, security lighting and restrooms.

The areas within the boundary of the Consolidated Maintenance District receive benefits from the improvements and maintenance thereof. These benefits include street beautification, open S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\CSMD\Street-Median Landscaping\Exhibit 1 - Director's Report.docx EXHIBIT 1
space enjoyment, recreation and noise reduction due to the installation of street landscaping, walls, and parks.

The benefits from the installation of street landscaping accrue to all the lot or parcel owners within the Consolidated Maintenance District Street Landscaping Zone of Benefit. The benefits of the street landscaping inure to all lots or parcels uniformly, and are based on an Equivalent Dwelling Unit basis, in accordance with Exhibit “A” attached hereto.

Dated: _________________
_____________________________________

ZACHARY MEYER
Public Works Director
City of Bakersfield
Exhibit “A”

BENEFIT FORMULA

CONSOLIDATED MAINTENANCE DISTRICT

CITY OF BAKERSFIELD
Each parcel in the Consolidated Maintenance District shall be assessed the sum of the amounts as defined below:

Rate:

Gross Street Budget Amount Required $10,247,397.48
Less: City Contributions per Resolution 63-96 (7.33%) $751,134.24 NET AMOUNT TO BE ASSESSED $9,496,263.24
** Deficits not carried over from previous years. Deficits to be paid by the City of Bakersfield.
(City Staff Services or Contract, Supplies, Materials and Utilities) EXHIBIT "B"
2025-2026 BUDGET

CONSOLIDATED MAINTENANCE DISTRICT (CMD)

STREET & MEDIAN LANDSCAPING

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent – Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 6, 2025
SUBJECT: Resolution of Intention No. 2236 for 2025-2026 Traffic Signal Maintenance District Budget for Traffic Signal Assessments.

Preliminarily adopting, confirming, and approving the Public Works Director’s Report for twenty-six (26) Traffic Signal Maintenance District (“TSMD” herein) and the 2024-2025 TSMD budget and setting the time and place for hearing protests regarding the amount of traffic signal assessments to be levied throughout the TSMD.

RECOMMENDATION:

Staff recommends adoption of the resolution of intention.

BACKGROUND:

On September 28, 1994, the City Council passed Resolution No. 161-94 which instituted the collection of maintenance and operating costs for convenience traffic signals through maintenance districts (TSMD). A convenience traffic signal is a traffic signal not required by the traffic authority to regulate traffic flow, but is a traffic signal installed by a developer of a commercial site. Under the user-pay concept, the private property owner deriving benefits bears the costs of maintenance and operation of convenience traffic signals through assessments with the Kern County Tax Collector. Maintenance and operation of these traffic signals is performed by City forces or by private contractor.

Since July 1, 1997, each territory that creates a TSMD has been assessed and will continue to be assessed an amount consistent with the requirements of Proposition 218. Said amounts shall be increased annually by the cost-of-living increase reflected in the Los Angeles – Long Beach – Anaheim/All Urban Consumers Consumer Price Index (CPI). For the 2025-2026 budget the CPI increased was calculated to be 3.02%, which is based on calculating the change from the March 2024 CPI and the March 2025 CPI. The current annual cost for each signal system’s maintenance and operation is $3,995.95. This is a 3.02% increase from the previous cost of $3,878.81.

This resolution of intention preliminarily approves the Public Works Director’s Report which includes the 2025-2026 budget for each TSMD attached hereto as Exhibit B.

Each territory comprising a TSMD was individually added by City Council resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor’s Roll for each TSMD are on file in the City Clerk’s Office with its respective Council resolution.

This resolution of intention sets the protest hearing for the Council meeting on Wednesday, June 11, 2025, at 5:15 P.M.

FISCAL IMPACT:

The revenue from Traffic Signal Maintenance Districts supports ongoing maintenance for these services in the districts for the year. There is no General fund impact.

COUNCIL GOAL:

Reliable infrastructure
ATTACHMENTS:

1. Resolution of Intent # 2236

2. Exhibit 1 – Director’s Report

3. Exhibit A – Director’s Report Benefit Formula

4. Exhibit B – Director’s Report Budget
S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\TSMD\Director's Report, Budget, ROI, Resolution\ROI 2236 Traffic.docx

RESOLUTION OF INTENTION NO. 2236

A RESOLUTION OF INTENTION PRELIMINARILY

ADOPTING, CONFIRMING AND APPROVING THE

PUBLIC WORKS DIRECTOR'S REPORT FOR TWENTY-SIX
(26) TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND
THEIR 2025-2026 BUDGETS AND SETTING THE TIME AND

PLACE FOR HEARING PROTESTS REGARDING THE

AMOUNT OF ASSESSMENTS TO BE LEVIED

THROUGHOUT EACH OF THE TRAFFIC SIGNAL
MAINTENANCE DISTRICTS. (ALL WARDS)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative 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 several lots or parcels of property within the maintenance district established therefore; and
WHEREAS, the Council approved Resolution 161-94 on September 28, 1994, which provides for the collection of maintenance and operating costs for “convenience” traffic signals (as that term is defined in said resolution) through a maintenance district; and 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", which includes the following attachments:
a) The Director’s Report benefit formula, attached to the Director’s Report as Exhibit "A";
b) The Director’s Report budget for each district, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached to the Director’s Report as Exhibit “B”; and
WHEREAS, the amount of assessment to be levied against each parcel within the Traffic Signal Maintenance Districts is on file with the office of Public Works Subdivisions.

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 reserves the right to perform the work of maintenance and operation of the public improvements within each of the Traffic Signal Maintenance Districts 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.

S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\TSMD\Director's Report, Budget, ROI, Resolution\ROI 2236 Traffic.docx

3. 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 are the Traffic Signal Maintenance Districts which benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon the parcels and lots within each district; and that the exterior boundaries of said Traffic Signal Maintenance Districts are hereby specified and described on the "Map and Assessment Diagram for Traffic Signal Maintenance Districts, Bakersfield, California" now on file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, attached as Exhibit "B" to the respective Resolution creating each Traffic Signal Maintenance District.

4. The City Council hereby sets WEDNESDAY, JUNE 25, 2025, AT 5:15 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters:
 Fairness of the benefit formula;
 The amount of the assessment on any parcel of property to be assessed;
 Reservation by City of right to elect whether to proceed to perform work by city forces or by private contractor.

Any interested person may object to any of the above-listed matters by filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointed for said hearing shall present to the Council all such protests filed with said Clerk.

5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code.

-oOo-
S:\PROJECTS\MAINDIST\2025-2026 MD Info\Folder for City Info\TSMD\Director's Report, Budget, ROI, Resolution\ROI 2236 Traffic.docx

I HEREBY CERTIFY that the foregoing Resolution of Intention 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 of the City of Bakersfield
APPROVED as to form:

VIRGINIA GENNARO

CITY ATTORNEY
By: _______________________________________

VIRIDIANA GALLARDO-KING

DEPUTY CITY ATTORNEY II
Attachments: Exhibit “1” - Director’s Report Traffic
Exhibit “A” - Benefit Formula
Exhibit “B” - Budget 2025-2026 TS
EXHIBIT 1

PUBLIC WORKS DIRECTOR'S REPORT FOR

TRAFFIC SIGNAL MAINTENANCE DISTRICTS
City of Bakersfield
Fiscal Year 2025-2026
The City of Bakersfield Traffic Signal Maintenance Districts are specifically described in each of the resolutions establishing the districts and approved by the city council and all are on file in the office of the City Clerk and incorporated by reference as though fully set forth herein.

Developers often request permission to install traffic signals on major streets to enhance access to their development. These “convenience” traffic signals are not required by the Traffic Authority to regulate traffic flow, but are installed solely at the discretion of the developer of a commercial site. Such signals do not provide a general public traffic benefit.

Under the “user pay” concept, the private property deriving benefits should bear the costs of maintenance and operation of convenience traffic signals. On September 28, 1994 the City Council approved Resolution 161-94 instituting the collection of maintenance and operating costs of future convenience traffic signals through maintenance districts.

The traffic signals that are operated and maintained under these maintenance districts benefit the parcels within the various districts. Each parcel is assessed an amount based on formulas set forth in each of the districts’ Exhibit “C” on file with the City Clerk’s Office.

NOW, THEREFORE, I, ZACHARY MEYER, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Benefit Formula and Budget for the Traffic Signal Maintenance Districts for FY 2025-2026, attached hereto as Exhibit “A” and “B” respectively. The Assessment Roll for the Traffic Signal Maintenance Districts for all parcels of property within the areas of benefit of the Traffic Signal Maintenance Districts, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory, is on file in the office of Public Works Subdivision.

Dated: ________________
________________________________

ZACHARY MEYER

PUBLIC WORKS DIRECTOR

CITY OF BAKERSFIELD
EXHIBIT “A”

TRAFFIC SIGNAL MAINTENANCE DISTRICTS

CITY OF BAKERSFIELD

BENEFIT FORMULA
Each parcel in the Traffic Signal Maintenance District shall be assessed the sum of the amounts as defined below:

Rate:

The rate shall equal the dollar amount shown on the proposition 218 Ballot used in the formation of the Traffic Signal District and approved by City Council at the time of the formation and is included as if incorporated herein. Pursuant to the proposition 218 ballot, “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 (CPI),” which is currently known as the “Los Angeles – Long Beach – Anaheim/All urban Consumers Consumer Price Index.” The CPI for the 2025- 2026 fiscal year increased by 3.02%; the measurement was taken from a March 2025 through March 2026 assessment.

FORMULA
TOTAL ASSESSMENT AMOUNT = ((ANNUAL COST OF AN AVERAGE COST OF A TRAFFIC SIGNAL X No. of Signals) / % of acreage of parcel in the district) + ANY COUNTY FEES) ** ** Fee will never be greater than allowed per the prop. 218 ballot(s). If the district formed before prop 218, than the fee charged at the time prop. 218 passed will be carried over as the flat rate.

AVERAGE TRAFFIC SIGNAL COST: The public works department will calculate the amount of electricity, maintenance & operation costs
are involved with the average traffic signal in the City of Bakersfield. That amount will be used for this Value. % OF ACREAGE Each parcel within a specific district will be assessed based upon their acreage within their district. E.g. If an owner owns 50% of the acreage in a district, then
they will pay 50% of the cost of any signals included
with the district.

COUNTY FEES: The County Assessors office charges a fee to collect these assessments on the regular property tax bill. For the FY 2025-2026 this fee is $0.20 per parcel billed.
(City Staff Services or Contract, Supplies, Materials and Utilities) Cost per Signal = $3,995.95
No. Of Signals Budget
1 $ 3,995.95
1 $ 3,995.95
2 $ 7,991.90
2 $ 7,991.90
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
3 $ 11,987.85
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
1 $ 3,995.95
$ 115,882.55
$ 115,882.55

TRAFFIC SIGNAL MAINTENANCE DISTRICTS
2025-2026
BUDGET
TS-1 Marketplace (Ming & Haggin Oaks)
TS-2 NW Promenade (Rosedale & Coffee)
TS-3 (Rosedale & Jet way / Rosedale & Coffee)
TS-4 (Calloway & Gleneagles & Jewetta @ Milverton)
TS-5 NW Promenade #2 (Rosedale & Main Plaza)
TS-6 (E. Brundage & Hayes)
TS-7 (Mt Vernon & N. Bernard)
TS-8 (Calloway & Hageman)
TS-9 Gosford Village (Gosford & Harris)
TS-10 The Crossings (Stockdale & Riverrun)
TS-12 (Panama & Wible)
TS-13 (Panama & Stine)
TS-16 (Buena Vista & White Lane)
TS-17 The Grove (3015 Calloway)
TS-18 Kaiser Entrance( South H & Berkshire)
TS-19 Memorial Hospital (34th Street Entrance)
TS-20 The Grove #2 (Panama South of S. H Street)
TS-21 Stockdale Hwy(Cancer Center/BCHS Entrance)
TS-22 San Joaquin Hospital Entrance
TS-23 Winco Entrance (Panama Lane and Ashe Road)
TS-24 Riverlakes Galleria (Olive Drive and Calloway Drive) TS-25 Artisan Square (Brimhall Road and Allen Road)
Gross Budget Amount Required

NET AMOUNT TO BE ASSESSED
TS-26 Rio Bravo Medical Entrance (Morning Drive)
TS-27 (Ashe Road & Sunrise Crest Street)
TS-28 (Panama Ln. & East of Wible Rd. (Panama Entrance) TS-30 Del Oro High School (Cottonwood Road Entrance)

EXHIBIT B

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent – Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 9, 2025
SUBJECT: Resolution of Intention 2237 to add Area 4-298 to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director’s Report:

ROI No. 2237 adding Area 4-298 (6201 Auburn Street): Street Tier = 1; Park Tier = 0 – (Ward 3)
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:

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. ROI 2237 ADDING AREA 4-298 TO THE CMD

2. MD 4-298 Exhibit 1-H

Page 1 of 3 ends

RESOLUTION OF INTENTION NO. 2237

A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-298 (6201 AUBURN 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 3)

WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit");

WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and/or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel;

WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD;

WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4-298 (6201 Auburn 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";

Page 2 of 3 ends

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

Page 3 of 3 ends

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 4-298
Fiscal Year 2024-2025
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 6201 Auburn 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.

Dated:

ZACHARY MEYER
Public Works Director
City of Bakersfield
Area 4-298
Containing: 3.56 Acres, more or less.

SPR 05-1724
6201 Auburn Street Bakersfield California

LEGAL DESCRIPTION
An area located in Section 24, Township 29, Range 28 M.D.B. & M., more particularly described as follows:

EXHIBIT A

AUBURN OAKS
178
178 E OFF

TO MORNING

SEALARK
178
178 W OFF

TO AUBURN

AUBURN OAKS
178 E ON FR FAIRFAX
AUBURN
43401002
±

FOR ADDITION OF TERRITORY
(AREA 4-298) TO THE

CONSOLIDATED MAINTENACE DISTRICT

BAKERSFIELD, CALIFORNIA
EXHIBIT "B"
FILE: MD 4-298 SHEET 1 of 1
MD 4-298
0 65 130 260 390
Feet

Multiplied by
(Tier):

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

Rate:

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:

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

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.

NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.

MAINTENANCE DISTRICT AREA 4-298

EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2024-2025)
434-010-02-00-2 $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 4-298

ASSESSMENT ROLL

EXHIBIT E

EXHIBIT F

EXHIBIT
G

EXHIBIT
H

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers
DATE: May 16, 2025
SUBJECT: Agreement with Niles RAD, LP ($2,324,446) for the Development of Affordable Housing (Ward 3)
HOME and HOME-ARP Loan Agreement with Niles RAD, LP ($2,324,446) for the Construction of Fifteen (15) New Affordable Housing Units at 7410 Niles Street (Ward 3) RECOMMENDATION:

Staff recommends approval of the Agreement.

BACKGROUND:

Niles RAD, LP has site control of 7410 Niles Street, Bakersfield, California 93306 and proposes to construct a total of fifty-one (51) new affordable housing units targeted toward low-income senior residents, and has requested financial assistance from the CITY’s federal HOME and HOME-ARP funding toward the eligible costs of constructing fifteen (15) of the fifty-one (51) new affordable housing units.

In Fiscal Year 2023-24, the City received an award of $1,801,273 in HOME Investment Partnership Program (HOME) funding to assist in the development of new units and preservation of existing affordable rental housing for low-income and other qualifying households. Niles RAD, LP submitted a project application for the Niles Street Apartments (Project). On January 22, 2025, the Bakersfield City Council committed a total of $1,399,260 in HOME program funding to Niles RAD, LP for the construction of the Project under the HOME funding guidelines.

In Fiscal Year (FY) 2020-21, the City received an award of $5,458,039 in HOME Investment Partnerships American Rescue Plan (HOME-ARP) program funding to reduce homelessness and increase housing stability through the development of affordable rental housing. Niles RAD, LP submitted a project application for the Project and after review, City staff have recommended a HOME-ARP award of $925,186 to Niles RAD, LP for the construction of the Project under the HOME-ARP funding guidelines.

The City’s HOME and HOME-ARP awards are federally funded and have already been received by the City, and therefore have no fiscal impact on the General Fund. Niles RAD, LP shall obtain any additional funding for all other amounts required to complete the project.

Staff recommends that the City Council assists Niles RAD, LP with a construction loan in an amount not to exceed $2,324,446, to be used for eligible costs related to the development of fifteen (15) new affordable housing units within the fifty-one (51) unit Niles Street Apartments multifamily housing development.

FISCAL IMPACT:

No fiscal impact. This project is funded by Federal HOME and HOME-ARP Programs.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENT:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jena Covey, Risk Manager
DATE: May 28, 2025
SUBJECT: Attorney Services Workers’ Compensation Defense

1. Agreement with Hanna, Brophy, Maclean, McAleer & Jensen (not to exceed $1,425,000) to perform legal services

2. Agreement with Yrulegui & Roberts (not to exceed $625,000) to perform legal services RECOMMENDATION:

Staff recommends approval of the agreements.

BACKGROUND:

The City’s contract with Yrulegui & Roberts and Hanna, Brophy, MacLean, McAleer & Jensen, LLP (Hanna Brophy) for workers’ compensation defense, and subrogation services, expires on June 30, 2025. In February 2025, a Request for Proposal was issued and the City received nine (9) proposals from interested law firms. After a thorough review of the proposals submitted, staff are recommending to enter into an agreement with two law firms, Hanna Brophy and Yrulegui & Roberts for a five year period.

Since March 2004, the City has maintained an agreement with Hanna Brophy to provide legal defense services for the City’s workers’ compensation claims program. As Hanna Brophy specializes in the defense of workers’ compensation claims, they provide a high level of expertise for which the City does not have attorneys on staff to perform such services. Yrulegui & Roberts provides a high level of expertise in both workers’ compensation defense services and comprehensive subrogation services, which is a service not provided through Hanna Brophy, which is why the City needs to maintain retainer agreements with two firms to provide the needed capacity to support the workers’ compensation program.

Hanna Brophy has increased their hourly base rate by a marginal amount since 2004 going from $135 to $155, and their offices are located in the same building as the Bakersfield Workers’ Compensation Appeals Board, therefore we do not incur mileage charges for their court appearances. They do charge higher fees for some of their other services depending on the severity of the issues being litigated on a claim. Yrulegui & Roberts are also located in Bakersfield and will not charge for local travel expenses, and fees are an hourly rate of $185 for all defense services. The hourly rates foe these firms are lucrative and City staff is recommending to contract for a five (5) year term to secure the rates to control litigation costs for the workers’ compensation program.

FISCAL IMPACT:

Due to proposed pricing and the high level of expertise from Hanna Brophy and Yrulegui & Roberts, staff recommends approval of the agreement with Hanna Brophy in an amount not to exceed $275,000 for the first year, $280,000 for the second year, $285,000 for the third year, $290,000 for the fourth year, and $295,000 for the fifth year, for a five (5) year period not to exceed $1,425,000; and the agreement with Yrulegui & Roberts not to exceed $125,000 annually for a five (5) year period not to exceed $625,000.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Hanna Brophy RFP

2. Yrulegui Roberts RFP

3. Agreement – Hanna Brophy

4. Agreement – Yrulegui Roberts

CITY OF BAKERSFIELD

REQUEST FOR PROPOSALS
ATTORNEY SERVICES WORKERS’ COMPENSATION DEFENSE
PROPOSAL DUE DATE: March 28, 2025

CITY OF BAKERSFIELD

OFFICE OF RISK MANAGEMENT
1600 TRUXTUN AVENUE, 4th FLOOR
BAKERSFIELD, CA 93301
(661) 326-3738
2 Workers’ Compensation Defense Services RFP 2025

OBJECTIVES
Request for Proposals – Professional Services
Attorney Services Workers’ Compensation Defense
The City of Bakersfield (City) is interested in obtaining competitive proposals from qualified law firm(s) to provide attorney services to defend litigated Workers’ Compensation claims.

GENERAL BACKGROUND
The City currently employs approximately 2,029 permanent employees, including 505 police officers and 198 fire personnel.

The City encompasses an area of 150 square miles and covers a variety of services including: Police, Fire, Water Utility, Streets Maintenance, Solid Waste Refuse, Wastewater Treatment, and Recreation and Parks Maintenance.

There are approximately 235 litigated workers’ compensation claims handled by the outside defense firm. Virtually all litigated claims are handled through the Bakersfield Workers’ Compensation Appeals Board. The City has two alternative dispute resolution programs, “carve-outs”, one with our police department, Bakersfield Police Officers Association (BPOA) and the other with our fire department, Bakersfield Professional Firefighters Local 246 (Local 246).

SCHEDULED ACTIVITES
To the extent achievable, the following schedule shall govern the review, evaluation and award of the proposal. The City reserves the right to modify the dates below in accordance with its review process.

Activity Estimated Schedule Date

1. Availability of the Request for Proposal February 28, 2025

2. Closing Date for the Request for Proposal March 28, 2025

3. Review/Interviews (if needed) April 2025

4. Evaluation Committee's Selection April 2025

5. Agreement to Council for approval May 14, 2025

6. Agreement Performance to Commence July 1, 2025

SCOPE OF SERVICES
The City seeks qualified law firm(s) specializing in the defense of litigated Workers’ Compensation claims to provide legal services for the City. This service specifically entails providing legal review, advice and representation of the City before the California Workers’ Compensation Appeals Board. Law firms should specify if they handle: serious and willful actions, Labor Code § 132a, subrogation, and industrial disability retirement. It is anticipated that, unless terminated earlier, the term of this Agreement is five years, with pricing established as part of the law firms submitted proposals. 3 Workers’ Compensation Defense Services RFP 2025

PROPOSALS
The following criteria shall be required of all proposals submitted to provide some consistency for the Selection Committee reviewing these proposals. Any proposal not conforming to these requirements may be rejected.

Written proposals should be submitted from firms capable of performing services required. Specific performance criteria will be incorporated into the final agreement. A draft agreement is included as Exhibit A.

Proposals should detail the services that the law firm will provide to the City. Additional supporting materials may accompany the law firm’s response.

A. Transmittal/Cover Letter
Proposals shall be addressed to Jena Covey, Risk Manager, City of Bakersfield, and include the name, title, address, and telephone number of the contact person responsible for the proposal so that the City may contact them regarding the proposal throughout the period of evaluation. Acknowledgement of receipt of any addenda shall be made in the Transmittal/Cover Letter, and the letter must be signed by the law firm’s principal with contractual responsibility to bind the firm to the terms of the agreement.

B. Personnel/Experience
This section shall include:

1. Name and experience of the Attorney(s) who will be assigned to this agreement. The Attorney(s) shall, in addition to meeting the minimum qualifications as shown in Item “2” in this Section, have at least three years’ experience as an attorney handling workers’ compensation claims.

2. Minimum Qualifications that must be met by individual(s) who will be assigned to the project are as follows:
a) Member in good standing of the California State Bar Association. b) Three years’ experience as a defense attorney handling public entity workers’ compensation claims.

3. Resumes should include previous experience that most closely relates to the type and scope of work for this Request for Proposal (RFP).

The City of Bakersfield Risk Management Division reserves the right to interview attorneys that are proposed for this account. The City reserves the right to reject any attorney proposed to perform services for the City’s account.

C. Exhibit A – Sample Attorney Retainer Agreement
The sample Attorney Retainer Agreement for the City of Bakersfield is attached to this RFP as Exhibit A.
4 Workers’ Compensation Defense Services RFP 2025
D. Fees, Costs and Expenses
The RFP must contain a detailed listing of the law firm’s hourly billing rates, including a breakdown by additional staff, if applicable, i.e. Lead Attorney, Associate Attorney, Paralegal, Legal Assistant, Clerical Support Personnel. In addition, the RFP must list all costs, fees and other charges to be anticipated during the term of the Agreement and which will be charged to the City of Bakersfield in connection with work performed under the Agreement. All fees, costs and expenses should be completed and attached to the proposal as Appendix A.

SELECTION OF ATTORNEY
Firms submitting a proposal must provide, in their submittal, verifiable evidence, such as references, demonstrating that they have considerable current and past experience in providing the services necessary for the work as described in this RFP.

The City will evaluate law firms based on demonstrated experience in workers’ compensation defense, hourly fee schedule, other charges, expenses and fees, and location of servicing office.

The City’s Risk Manager and the evaluation team will review each proposal for completeness. Responding firms may be invited for personal interviews prior to final selection to further elaborate on their proposals, if deemed necessary by the City.

The City reserves the right to award an agreement or agreements to the firm or firms which, in the sole judgment of the City, best accomplishes the desired results.

The City reserves the right to reject any or all proposals, or to waive minor irregularities in a proposal.

The City reserves the right to negotiate minor deviations to the proposal(s) with the successful firm(s). However, final agreement language rests with the City in its sole discretion. The firm(s) chosen will be required to sign an agreement with the City attached as Exhibit A.

The top qualified firm(s) will then be recommended to the City Council.

The City reserves the right to assign each claim, individually, to the best qualified firm.

City may negotiate fee with best qualified successful firm(s). If agreement is not reached, City reserves the right to negotiate with next qualified firm(s).

SOLICITATION CAVEAT
The law firm understands and agrees that the City shall have no financial responsibility for any costs incurred by the law firm in responding to this RFP and shall not be liable for any costs attributed to their own study and investigation of the proposal. The City shall also have no financial responsibility for any costs incurred by the law firm until an executed agreement with the City has been authorized in writing to proceed. The City reserves the right to terminate this RFP at any time.

The submission of a proposal shall be conclusive evidence that the law firm has investigated and satisfied themselves as to the conditions to be encountered; the 5 Workers’ Compensation Defense Services RFP 2025
character, quality, and scope of work to be performed; and any municipal and ordinance requirements of the City of Bakersfield.

AGREEMENT DOCUMENTS
A sample copy of the Agreement is included as Exhibit A to this RFP. Please review the agreement carefully. The law firm agrees, that if selected, to enter into a written agreement, substantially the same as the draft attached hereto.

The City will not approve any requested modifications to the agreement, including the insurance clause and the indemnity clause of this agreement. At the time of agreement execution, the law firm will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement.

Failure to execute the agreement without alteration may result in the rejection of the proposal and retaining of a different attorney by the City.

An acknowledgement line that reads as follows will be found below the signature line on the sample agreement. The law firm must review the sample agreement carefully prior to signing it.
“I have received and reviewed the sample ATTORNEY RETAINER AGREEMENT, which was included in the City’s RFP, including the INDEMNITY clause. My signature on the Sample Attorney Retainer Agreement signifies our firm’s acceptance of said agreement if our firm is selected for awarding an agreement for the project as described in said RFP. This acceptance is made with the understanding that the Compensation clause will be modified to contain the amounts and dates established for this agreement.”

CONFLICTS AND COVENANT NOT TO USE
The selected law firm shall represent no client adverse to the interests of the City and shall covenant not to bring or participate in any legal action against the City. Review the attached agreement for more information.

TERM OF THE AGREEMENT
The term of this Agreement shall continue for a period of five (5) years commencing July 1, 2025. Pricing for renewal years is to be agreed upon in the Agreement. The Agreement shall contain a clause providing for ten (10) days written Notice of Cancellation by either party without cause.

SELECTION PROCESS
The most qualified respondents may be interviewed by a selection committee, if needed. It may be necessary to request a more detailed written proposal from those finalists.

REJECTION OF PROPOSALS
The City reserves the right to reject any and all proposals received and to waive any informality, technical defect or clerical error in any proposal as the interest of the City may require. Applicants submitting proposals which do not substantially meet the requirements will be considered noncompliant.
6 Workers’ Compensation Defense Services RFP 2025

SELECTION CRITERIA
The City reserves the right to award this agreement to the firm which, in the opinion of the City, most closely demonstrates compatibility with the City’s expressed goals and objectives, service needs, references, experience of the firm, and pricing options, and not necessarily to the firm with the lowest cost.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. Any material misrepresentation or material falsification of information provided to the City in the proposal submission, or at any point in the proposal evaluation process is basis for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s discretion.

Failure to provide requested information or unwillingness to accept the terms, conditions and other requirements of the RFP and sample agreement may result in rejection of the proposal.

ADDENDA
Addenda issued by the City interpreting or changing any of the items of this RFP shall be incorporated into this RFP. The law firm shall sign and date the addenda cover sheet, if any, and submit them with the proposal (or deliver them to the Risk Management Division, if law firm has previously submitted its proposal to City). Failure to receive any addenda shall be the sole responsibility of the law firm. Law firm shall check with City to ensure all addenda have been received prior to submitting any proposal. City shall not be held liable in any event for failure of law firm to receive addenda or letters of clarification.

ADDRESS
It shall be the sole responsibility of the law firm to ensure City has the firm’s proper address. City is not responsible for any misdirection, late delivery, or non-delivery of mail to law firm.

RELIANCE
Law firm shall rely only upon the RFP, letters of clarification and addenda in submitting proposals. Said proposal, letters of clarification and addenda shall include only those documents so labeled and mailed, faxed or hand-delivered by City to all law firms.

RIGHT TO REJECT OR AWARD
The issuance of this RFP does not constitute an award commitment on the part of the City, neither shall the City pay for costs incurred in the preparation of or submission of proposals. City reserves the right to reject all proposals. City reserves the right to award all, or a portion of, or none of the work set forth in this RFP. City does not, by publishing this RFP, or by awarding an agreement to any law firm, guarantee any quantity of work.

City reserves the right to terminate this RFP for any reason or for no reason at all.

TIME
Time is of the essence in this RFP and all responses thereto. 7 Workers’ Compensation Defense Services RFP 2025

CITY PROPERTY
Unless otherwise required by law, all proposals submitted and accepted by City shall, upon acceptance, become the property of the City and shall become a public record upon acceptance and award.

IRREGULARITY WAIVER
The right is reserved by the City of Bakersfield to reject any or all proposals and to waive any irregularities or informalities not affected by law in any proposals received, to evaluate in its absolute discretion, the proposals submitted and to award the agreement according to the proposal which best serves the interests of the City.

UNDERSTANDING PROPOSAL
In submitting this proposal, the law firm agrees that they have carefully examined the specifications herein and all other provisions applying thereto and understands the intent, meanings, and requirements of the same. The law firm agrees, that if selected, to enter into a written agreement, substantially the same as the draft attached hereto, to furnish the items and/or services in the time specified, in strict conformity with the specifications and conditions proposed for the sum stated in said proposal. If the law firm has ANY changes to the attached draft agreement or does not understand any intent, meaning, or requirement of the draft agreement or City’s Request for Proposal, the firm shall state questions, in writing, to the City of Bakersfield prior to signing the proposed draft agreement. Failure to fully clear up any questions in a timely manner shall rest solely and totally upon the law firm and City reserves the right to de-select the law firm for failure to execute the agreement as proposed.

DEADLINE
Five (5) copies of your proposal should be received via mail or hand delivery no later than Friday, March 28, 2025 at 4:00 p.m., Pacific Standard Time, at the following address. No proposals will be accepted via facsimile or by email. The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the proposer’s responsibility to meet the deadline stated above. There will be no exceptions to the deadline.

CITY OF BAKERSFIELD
Attention: Jena Covey, Risk Manager
1600 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301

QUESTIONS CONCERNING THE PROPOSAL OR SPECIFICATIONS SHOULD BE DIRECTED TO JENA COVEY, RISK MANAGER (661) 326-3738.

Workers’ Compensation Defense Services RFP 2025
AGREEMENT NO.

ATTORNEY RETAINER AGREEMENT
THIS AGREEMENT is made and entered into on , by and
between the CITY OF BAKERSFIELD, a chartered municipal corporation, (referred to herein as "CITY") and (referred to herein as "ATTORNEY").

R E C I T A L S
WHEREAS, it is necessary and appropriate that legal services be performed for CITY to represent CITY, its officers and employees with respect to workers’ compensation defense and subrogation legal services for which counsel with specialized knowledge and experience is needed; and
WHEREAS, CITY desires to retain ATTORNEY to perform legal services on behalf of CITY with respect to the matters described below.

NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows:

1. SERVICES TO BE RENDERED: ATTORNEY will represent the CITY in workers compensation matters as requested by City in accordance with the Request for Proposals attached as Exhibit A.

General Miscellaneous Issues

2. COMPENSATION TO ATTORNEY. Compensation for all work, services or products called for under this Agreement shall be paid as follows: CITY shall compensate ATTORNEY for all services performed by ATTORNEY on an hourly basis, at the rates set forth in Appendix A, attached hereto and incorporated herein by reference. The maximum amount of fees payable under this Agreement shall NOT EXCEED ANNUALLY. All payments for services will be made by the City’s third party claims administrator after their review and approval. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation for service by ATTORNEY, including all approved out-of-pocket costs incurred. CITY shall pay no other fee than the compensation listed in this section unless otherwise agreed to in writing by the CITY.

3. TERM. This Agreement shall continue for a period of five (5) years commencing July 1, 2025. The CITY may terminate the Agreement upon thirty (30) days written notice. In the event of early termination, ATTORNEY shall be paid only Workers’ Compensation Defense Services RFP 2025
for work satisfactorily completed up to the date of termination and delivered to and accepted by the CITY.

4. ACCEPTANCE OF ASSIGNMENTS AND REPRESENTATIONS. ATTORNEY, with respect to the matter(s) assigned, represents as follows:

4.1 ATTORNEY has the expertise, support staff and facilities necessary to fully represent CITY's interests in the litigation described herein; and

4.2 ATTORNEY does not have an actual or potential interest adverse to CITY nor does ATTORNEY presently represent a person or firm with an interest adverse to CITY with respect to the matter(s) accepted; and

4.3 ATTORNEY shall diligently provide such legal services as are necessary in a professional, timely manner upon the terms and conditions as set forth herein.

5. REPORTING REQUIREMENTS. ATTORNEY shall provide to the Risk Manager, or designee, appropriate reports as requested by CITY.

5.1 SETTLEMENT PROPOSALS-ATTORNEY shall notify the Risk Manager of any settlement proposal received whether such proposal is oral or in writing. Oral reports of settlement demands will be followed as soon as is practical by a written confirmation of the demand. Offers or counteroffers to be initiated by ATTORNEY shall be in writing and contain the details of the proposal along with the ATTORNEY’s recommendation and be submitted to the Risk Manager for approval prior to communicating any such offer or counteroffer to otherparties.

5.2 CLOSING REPORT-In the event this Agreement is terminated as set forth herein or for any reason ATTORNEY is to no longer represent CITY with respect to the matters, ATTORNEY shall submit a report, herein referred to as a Closing Report, describing the status of the matters, listing future court dates and other pertinent dates and setting forth any other information needed by another attorney to handle the matters. The Closing Report will be expeditiously submitted, together with necessary executed Substitutions of Attorneys, to the Risk Manager.

5.3 ORAL REPORTS-ATTORNEY shall immediately report orally to the Risk Manager in person or by telephone any event or discovery which is of an urgent nature or requires the immediate attention of the CITY. When requested, ATTORNEY shall follow up such oral report with a written summary reiterating such event or discovery. ATTORNEY shall immediately advise Risk Manager in writing if an actual or potential conflict of interest arises or is discovered.

Workers’ Compensation Defense Services RFP 2025

6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in anway 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.

7. INDEMNITY. ATTORNEY shall indemnify, defend and hold harmless CITY, its mayor, Council, officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by ATTORNEY, ATTORNEY’s employees, agents, subcontractors, or independent contractors or companies under the provisions of this Agreement.

8. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with ATTORNEY or associate in any such relationship with ATTORNEY by reason of the provisions of this Agreement. ATTORNEY shall not for any purpose be considered an agent, officer or employee of CITY.

9. INSURANCE. In addition to any other insurance or bond required under by this Agreement, ATTORNEY shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein):

9.1 Professional liability insurance providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and

9.2 Automobile liability insurance providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall:

9.2.1 Provide coverage for owned, non-owned and hired
autos.

9.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and
employees.

Workers’ Compensation Defense Services RFP 2025

9.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation and additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and volunteers.

9.4 Except for workers’ compensation, insurance is to be placed with insurers with a Bests' rating of no 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 Bests' A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.

9.5 All policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.

9.6 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by CITY.

9.7 The ATTORNEY shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement.

9.8 Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for ATTORNEY.

10. TERMINATION. Either party may terminate this Agreement upon thirty (30) days written notice. ATTORNEY shall, upon termination, forthwith deliver to new counsel as directed by the Risk Manager a Substitution of Attorney form signed by ATTORNEY. CITY may terminate this Agreement immediately without notice upon determining that such action is necessary to protect the interests of CITY.

11. OWNERSHIP AND INSPECTION OF FILES. All files, pleadings, reports, documents and other items remitted to ATTORNEY pursuant to this Agreement are and shall remain the property of CITY and shall be returned to CITY upon full completion of each matter after the time for appeal has run. During the Workers’ Compensation Defense Services RFP 2025
pendency of the case remitted, all billing, invoice, time and other non-privileged portions of the file shall be made available for inspection by the Finance Director and Internal Auditor of CITY or other person designated by the Risk Manager at all reasonable times. It is understood and agreed during the pendency of any conflict representation case, physical possession of the file shall remain with ATTORNEY who shall hold inviolate the confidences of client as required by law.

Should this Agreement be terminated, the files shall be returned to CITY with all privileged materials appropriately sealed for transmittal to successor attorney of record for client.

12. 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
Risk Management
1600 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
Telephone: (661) 326-3738
Facsimile: (661) 852-2030
ATTORNEY: _______________________________
Telephone:____________________
Facsimile: _____________________

13. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.

14. 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 and signed by all the parties.

Workers’ Compensation Defense Services RFP 2025

15. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to this Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

16. 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.

17. TIME. Time is of the essence of this Agreement.

18. ACCOUNTING RECORDS. ATTORNEY shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall be kept at ATTORNEY's office during the period of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours.

19. 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.

20. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein, and this Agreement is binding upon said corporation or organization in accordance with its terms.

21. 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.

22. TAX NUMBERS.

ATTORNEY's Federal Tax Identification No.___________________ ATTORNEY is a corporation? Yes No
(Please check one.)

23. 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, Workers’ Compensation Defense Services RFP 2025
pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written.

CITY OF BAKERSFIELD ("CITY") (“ATTORNEY”)
By: By:

KAREN GOH, MAYOR
APPROVED AS TO CONTENT:

CITY MANAGER’S DEPARTMENT
By:

CHRISTIAN CLEGG

CITY MANAGER
Print Name:

Title:

Additional Signatures on Following Page
Workers’ Compensation Defense Services RFP 2025
APPROVED AS TO FORM:

VIRGINIA GENNARO

CITY ATTORNEY
By:

VIRGINIA GENNARO

CITY ATTORNEY
Insurance:

COUNTERSIGNED:

By:

RANDY MCKEEGAN

FINANCE DIRECTOR
By:
(Print Name)
(Title)
“I have received and reviewed the sample ATTORNEY
RETAINER AGREEMENT including the INDEMNITY clause
which was included in the City’s RFP. My signature above shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract as described in said RFP. This acceptance is made with the understanding that the Compensation and time for Completion clauses
will be modified or created to contain the amounts and
dates established for this contract.”
Workers’ Compensation Defense Services RFP 2025

APPENDIX A
Attorney Defense Service Rates for Workers’ Compensation Claims

SERVICES RATES
A. Defense of Workers’ Compensation Claims
B. Defense of Workers’ Compensation Subrogation
C. Defense of Workers’ Labor Code Section 132a and seriouis and willful claims, O.B.A.E. audits, Disability Retirement Claims, and Americans with Disabilities Act Claims.

D. Paralegals and Law Clerks
E. Other- Please describe: Industrial Retirement and Americanswith Disabilities Act Claims
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Los Angeles
Oakland
Orange
Redding
Riverside
Sacramento
San Diego
San Francisco
San Jose
Santa Rosa
Stockton
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Hanna Brophy, LLP
Sc-,anning Center
P.0, Box 12488
Oakland, California
94604-2488 !
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March 24, 2025
City of Bakersfield

RECEIVED
MAR 2 7 2025

RISK MANAGEMENT
Office of Risk Management
Attn: Jena Covery, Risk Manager
1600 Truxtun Ave., 4th Floor
Bakersfield, CA 93301
Todd E. Ewing
Firm Managing Partner
Los Angeles
Office 213'943-4800
Fax 213-943-4801
[email protected]
Re: Cover Letter for RFP for Attorney Services Workers' Compensation Defense Hanna, Brophy, Maclean, McAleer & Jensen, LLP (Hanna Brophy) hereby submits this proposal to continue its partnership with the City of Bakersfield for workers' compensation defense legal services. Our firm has been serving employers and insurance carriers in California for over 81 years, developing particular expertise in defending public entities and school districts. We appreciate the City of Bakersfield's partnership with our firm. We remain committed to providing exceptional legal representation.

Established in 1943, Hanna Brophy has dedicated its practice to defending California employers in all aspects of workers' compensation litigation. Over the past 81 years, our firm has steadily grown, now maintaining 15 offices throughout California, including our Bakersfield office. Our statewide presence allows us to provide "local representation" at every Workers' Compensation Appeals Board and Office of Administrative Hearings location across the state. Year after year, our attorneys successfully litigate thousands of cases before these venues.

Our 130 attorneys represent approximately 250 governmental entities, including cities, counties, JPA's, insurance companies, self-insured employers, and thirdparty administrator·s. We have extensive experience managing th~ unique challenges public entities face. Through this representation, we have developed specialized expertise in litigating claims involving educators and peace officers.

As specialists in workers' compensation, we emphasize early resolution strategies, expert litigation, and strategic trial advocacy. Our firm takes a business-minded approach, ensuring that we remain attuned to industry shifts and client priorities.

We pride ourselves on responsiveness, adaptability, and a commitment to staying ahead of evolving industry trends.

We propose the opportunity to continue providing legal representation for the City of Bakersfield in workers' compensation matters, including claims under Labor Code §132, serious and willful misconduct allegations, and disability retirement NON-PRIVILEGED COMMUNICATION (NON-EMAIL):6165937.1
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March 24, 2025

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cases. Additionally, we offer consulting and advisory services on both litigated and non-litigated claims, ensuring that the City of Bakersfield receives strategic guidance at every stage of the claims process.

Our firm is also committed to providing ongoing training and education for the City of Bakersfield and its Third-Party Administrator on emerging workers' compensation issues, industrial disability retirement claims, and best practices for claims management.

KEY CONTACT PERSONS INFORMATION
Elizabeth Barravecchia, Office Managing Partner
Hanna Brophy, et al.
1800 30th Street, Suite 210
Bakersfield, CA 93301
T: (661) 333-7722
F: {661) 633-1507
E: [email protected]
Our proposed panel partners and associates have extensive litigation experience. The partner leading this engagement has over ten {10) years of experience representing governmental agencies. Our partners and associates have handled complex litigation, including presumptive injury cases for peace officers. Our expertise enables us to evaluate and resolve high-value claims through negotiation, litigation (including trials and appeals), and mediation.

ACKNOWLEDGEMENT OF TERMS AND CONDITIONS
Hanna Brophy hereby acknowledges and accepts all terms and conditions of the City of Bakersfield Sample Attorney Retainer Agreement. Our firm takes no exceptions to the stated terms, conditions, or addenda. This also acknowledges receipt of all addenda associated with this RFP.

CONCLUSION
Hanna Brophy exemplifies the best qualities of a large firm while maintaining the personal client relationships of a boutique practice. We remain committed to providing assertive, up-to-date legal counsel, ensuring that our clients have immediate access to experienced attorneys who understand their needs. Our firm's policy emphasizes continuity in representation, ensuring that a single attorney remains assigned to each matter whenever possible. Should a transition be necessary, we maintain a small team approach to ensure familiarity with the City of Bakersfield's needs, priorities, and policies.

NON-PRIVILEGED COMMUNICATION (NON-EMAIL):6165937.1
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We leverage a proprietary, state-of-the-art case management system that enhances efficiency, accuracy, and responsiveness. Our commitment to innovation extends beyond technology-we proactively utilize data and key performance metrics to track outcomes, assess litigation trends, and continuously improve our practice to deliver optimal results for our clients.

Our extensive experience in California's workers' compensation legal community has fostered strong relationships with all stakeholders, allowing us to secure meaningful and favorable outcomes for our clients over the past eight decades. While we have a long-standing history of success, we remain adaptable and forward-thinking, ensuring that we continue to meet the City of Bakersfield's evolving needs.

We appreciate the opportunity to continue our successful partnership with the City of Bakersfield and welcome the opportunity to discuss our qualifications in further detail. Thank you for your time and consideration.

Firm Managing P ner
tewing@hanna rophy.com
HANNA, BROPHY, MacLEAN, McALEER & JENSEN, LLP
NON-PRIVILEGED COMMUNICATION (NON·EMAIL):6165937.1
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PERSONNEL/EXPERIENCE
Hanna Brophy acknowledges and certifies that all attorneys proposed under this agreement meet or exceed the minimum qualifications set forth by the City of Bakersfield RFP/Sampie Agreement.

Each proposed attorney is a member in good standing with the California State Bar and has a minimum of three years' experience handling workers' compensation claims on behalf of public entities. Detailed information regarding each attorney's qualifications and experience is provided below.

ELIZABETH C. BARRA VECCHIA (PARTNER)
A central valley native, Elizabeth is a certified specialist in California workers' compensation law and has been with the Bakersfield office of Hanna Brophy since November of 2002. She attended California State University, Sacramento, graduating with a B.A. degree in government in 1999.

She later graduated from University of the Pacific, McGeorge School of Law in 2002, where she distinguished herself as a published author and, later, an editor of the McGeorge Law Review.

Elizabeth began representing municipalities in 2003. Her first client was the County of Kern who continues to utilize her expert services to this day. She now represents multiple municipalities in the area and has been come a leading expert in claims filed by safety officers.

Elizabeth has built a reputation for fierce advocacy, providing straightforward advice to clients.

With her understanding of how technology aids in efficient and professional representation, Elizabeth brings her zealous advocacy and knowledge to every single case that she handles.

CALVIN QUARTERMAN (ASSOCIATE ATTORNEY)
Calvin joined Hanna Brophy in October of2020 as a law clerk and became an Associate Attorney after passing the California Bar Exam in 2021. Since then, he has been actively defending insurance carriers, third-party administrators, and public entities in all aspects of workers' compensation litigation.

He has gained meaningful experience representing a range of public agencies, including cities, counties, and school districts, and has developed a strong understanding of the unique legal challenges and litigation strategies involved in public entity defense. Known for his diligence and commitment to client service, Calvin continues to build his practice with a focus on delivering effective, efficient results.

Licensing
All proposed attorneys are active members in good standing of the California State Bar Association.
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QUALIFICATIONS AND EXPERIENCE OF FIRM
Hanna Brophy has been a leader in workers' compensation defense for over 80 years, specializing in representing public entities, insurance carriers, and employers throughout California.

Established on March 3 I, 1943, by Edmund D. Leonard in San Francisco's historic Merchant Exchange Building, the firm quickly grew with the addition of Warren Hanna, whose expertise helped shape California's workers' compensation law. Hanna was instrumental in revising the Labor Code, including early iterations of workers' compensation statutes, and authored, "The California Law of Employee Injuries and Workers' Compensation"-a seminal treatise still cited today.

Since its founding, Hanna Brophy has remained dedicated to defending California employers in all aspects of workers' compensation litigation. With 15 offices statewide and a team of over 130 attorneys, we provide comprehensive representation at every Workers' Compensation Appeals Board in California. Our extensive experience includes representing over 250 governmental and public entities, making us particularly well-versed in the unique legal challenges faced by public agencies, including those requiring Board of Supervisors approval for settlements.

Expertise in Public Entity and Educational Institution Workers' Compensation Matters A key distinction of Hanna Brophy is our deep expertise in handling workers' compensation claims for public entities, including cities, counties, and educational institutions. Our firm regularly advises public agencies on issues unique to peace officers, including disability leaves and interactive process obligations
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Additionally, our attorneys have extensive experience litigating specialized claims involving peace officers and firefighters, including presumptive injury cases under Labor Code §3212. Our Bakersfield team, in particular, is highly skilled in handling complex cancer, heart, and other presumption cases, as well as claims involving Labor Code § 132 discrimination and serious & willful misconduct allegations. We have successfully mediated, litigated, and negotiated highvalue claims on behalf of public agency clients.

Landmark Case Successes
Hanna Brophy has a proven track record of delivering favorable outcomes for public entity clients, including landmark appellate victories. For example:
- County of Alameda v. WCAB (Knittel) (213 Cal. App. 4th 278, 78 CCC 81) - We successfully argued before the Court of Appeal that Labor Code §4850 benefits count toward the I 04-week limit for temporary disability under Labor Code §4656(c)(2), rather than being paid in addition to such benefits.
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- County of Sacramento. v. WCAB (Brooks) (215 Cal. App. 4th 396) - Established that medical evaluators lack authority to determine what constitutes a "good-faith personnel action" under Labor Code §3208.3(h), shaping the landscape of psychiatric injury defenses for public employers.

Comprehensive Case Management and Client Support
Our firm employs a proprietary, state-of-the-art case management system, ensuring efficiency and transparency. All case files, medical records, and correspondence are digitized and centrally managed, allowing real-time access for our clients. Our dedicated account managers, including our proposed lead partner for this engagement, Elizabeth Barravecchia, maintains direct oversight of all cases to ensure consistency and quality.

A key aspect of our success is our metrics-driven approach to case management, which ensures that each case is handled with precision, timeliness, and fiscal responsibility. Our proprietary case management system allows us to track and analyze key performance indicators, including case duration, litigation costs, and resolution outcomes. These insights enable us to proactively identify trends, optimize legal strategies, and provide transparent reporting to our clients-ensuring that their resources are allocated efficiently while achieving the best possible results Beyond litigation, Hanna Brophy provides ongoing consulting, training, and educational services tailored to public agencies and educational institutions. We routinely conduct legal workshops for risk managers, HR professionals, and third-party administrators on emerging workers' compensation issues, including industrial disability retirement (!DR) and best practices for claims handling.

Commitment to Excellence and Client Success
With well-established relationships across the workers' compensation community, Hanna Brophy leverages its reputation and expertise to secure optimal outcomes for our clients. Our extensive experience in public sector defense, our in-depth understanding of the legal nuances affecting educational institutions, and our track record of success make us uniquely qualified to serve the City's needs.

Hanna Brophy has provided workers' compensation litigation defense services to the following public/governmental entities within the last five (5) years:

City of Costa Mesa
City of Alhambra
City of Anaheim
City of Bakersfield
City of Bell
City of Burbank
City of Concord
City of Corona
City of Costa Mesa
City of Culver City
City of El Segundo
City of-Fountain Valley
City of Gardena
City of Huntington Beach
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City of Ontario
City of Monterey Park
City of Pasadena
City of Oakland
City of Rialto
City of Santa Ana
City of Torrance
County of Alameda
County of Los Angeles
County of Riverside
County of San Bernardino
County of Sacramento
County of Orange
Orange County Fire Authority
Albany Unified School District
Apple Valley Unified School District
Carlsbad Unified School District
California Insurance Guarantee
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Chico Unified School District
Desert Sands Unified School District
Elk Grove Unified School District
Fontana Unified School District
- Los Angeles Unified School District
Mojave Unified School District
Newport-Mesa Unified Schoor
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Oakland Unified School District
Rialto Unified School District
Self-Insured Schools of California
CA Dept. of Social Services (IHSS)
Riverside County Office of
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California Joint Powers Insurance
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REFERENCES
Below are client references for which Hanna Brophy has provided workers' compensation litigation defense services:

2. Gabriel Rodriguez, Executive Director, Workers' Compensation Self-Insured Schools of California
2000 K Street
Bakersfield, CA 9330 I
T: (661) 636-4422
E: [email protected]
DeAnna Soria, Risk Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
T: (714) 536-5519
E: [email protected]
Attached hereto and incorporated herein are letters of recommendation from the above references.

PROFESSIONAL TRAINING
Hanna Brophy understands that delivering the best legal outcomes requires ongoing training and development at all levels. We are committed to ensuring that all attorneys and staff assigned to the City of Bakersfield remain well-versed in the latest laws, procedures, and best practices in workers' compensation defense, particularly as they relate to public agencies.

We are not only dedicated to keeping our own attorneys up to date, but also to keeping the City of Bakersfield and its Third Party Administrator informed on legal developments affecting public entities.
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SCOPE OF SERVICES
Hanna Brophy proposes to provide comprehensive legal representation for the City of Bakersfield before the Workers' Compensation Appeals Board. Our scope of services includes workers' compensation claims, Labor Code §132(a) discrimination claims, serious and willful misconduct claims. These services encompass all actions pre-judgment and post-judgment through trial and appellate levels resulting from workers' compensation or employer liability claims.

Litigation Management Philosophy
Our litigation management philosophy adopts a proactive and strategic approach to workers' compensation defense, focusing on achieving favorable outcomes while minimizing costs and risks. We understand each case requires a tailored strategy to address its unique complexities effectively and comply with City of Bakersfield's specific requirements. Our approach begins with a comprehensive assessment of each case, followed by close collaboration with the TPA and Risk Management Department to ensure our strategy aligns with City of Bakersfield's objectives and priorities. We emphasize early case evaluation, strategic planning, and efficient resource deployment to build strong defenses and reach optimal resolutions.

Case Assignment and Initial Handling
When assigned a new matter, our protocol begins with acknowledgment within 48 business hours, as the assigned attorney generates an email confirming receipt of the assignment. The attorney then immediately contacts the Claims Professional at the TPA to discuss issues and develop a mutual plan of action.

Within 30 days of file receipt, the assigned attorney reviews the file and prepares a comprehensive Initial File Review (!FR) with anticipated budget. The !FR will be a thorough and thoughtful analysis of the information provided upon referral and will include, but not be limited to:
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• Statement of facts;
• Statement of the issues including the identification of any unusual or potentially precedent-setting issues;
• Additional recommended investigations;
• Alleged injuries and/or damages claimed;
• Applicant's (injured worker) contentions;
• A list of defenses, of potential affirmative defenses and a discussion of the likelihood of success of such defenses;
• Potential subrogation and/or coverage analysis;
• Anticipated exposure and early settlement analysis (including Alternative Dispute Resolution);
• Previous or current demands for settlement;
• Discovery requirements, including the potential for depositions (with an eye towards cost efficiency), identification of parties and potential witnesses; u
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• Estimated time needed for new legal issues that require original research (with prior approval of the Claims Professional);
• Case cost potential;
• Proposed strategies and litigation management
• Anticipated expert witnesses needed (with an eye towards strategic use and cost efficiency for approval by Claims Professional);
• Anticipated budget through conclusion;
• Name and contact information for assigned attorney.

This comprehensive !FR is transmitted to the TPA Claims Professional.

Staffing Approach
For City of Bakersfield matters, Elizabeth Barravecchia will serve as the designated Account Manager. Ms. Barravecchia will be available during normal business hours to meet with City on cases or issues deemed important by the TPA or City. Both maintain active caseloads and are current on recent workers' compensation case law and statutory requirements.

We understand the importance of not overstaffing or rotating attorneys assigned to City of Bakersfield matters. If the assigned attorney is unavailable, another experienced panel attorney, with prior communication and approval from the Claims Professional, will maintain continuity.

Ongoing Case Management
Our ongoing case management is thorough and responsive. When a deposition is warranted, the assigned attorney contacts the Claims Professional at the TPA in advance to provide strategy and ensure all important issues will be covered. After completion, the attorney immediately contacts the Claims Professional to summarize results and provide preliminary recommendations, followed by a deposition report via email within 24 business hours .

While not all claims proceed to the medical-legal process, we are cognizant of the impact the medical-legal route may have on a claim. We pay special attention to the additional fees associated with the newly implemented Medical-Legal Fee Schedule. Prior to a medical-legal evaluation our attorney team will work with our paraprofessional team to review and include relevant medical records up to the 200 page limit allowable under the current Fee Schedule, cir up to any amount the client designates. We will prepare a full listing of medical records to in our possession to include any records redacted ( either as irrelevant or over the 200 page limit) or additional records agreed upon. This information as well as a proposed Advocacy Letter will be shared with the Claims 'professional to discuss and ensure that all issues important to the Claims Professional and City will be covered and that all records important to the impact of the claim are included.

For scheduled hearings, the assigned attorney contacts the Claims Professional within two weeks to discuss strategy. Within 24 business hours after the hearing, the attorney contacts the Claims 0 u
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Professional to discuss results, with a brief report prepared and transmitted to the Claims Professional within 24 business hours of the hearing's completion.

When a case proceeds to trial, the handling attorney schedules a conference call with the Claims Professional at least 30 days prior to the trial date to ensure thorough preparation.

Upon resolution of a case, a final case analysis and disposition is submitted to the Claims Professional.

Communication Protocols and Settlement Evaluations
Cleir, consistent communication is essential for effective case management. All outgoing communications sent to the Claims Professional at the TPA are copied to the City of Bakersfield as required. The Claims Professional is promptly notified of any significant case developments with analysis and recommendations. Furthermore, we acknowledge and agree to immediately report to the Risk Manager-by telephone or in person-any urgent event or discovery requiring the immediate attention of the City. When requested, such oral reports will be followed by a written summary.

Additionally, Hanna Brophy will promptly notify the Risk Manager in writing of any actual or potential conflict of interest, should one arise or be discovered.

Our attorneys explore and evaluate settlement potential throughout the assignment, reporting appropriately through all phases of the claim. No settlement agreements are entered without first obtaining authority from the Claims Professional at the TPA.

Hanna Brophy acknowledges and agrees to comply with the City's settlement procedures. We will promptly notify the Risk Manager of any settlement proposals received, whether oral or in writing .

Oral demands will be followed by written confirmation as soon as practical. Additionally, any offers or counteroffers initiated by our attorneys will be submitted in writing to the Risk Manager, including full details and our legal recommendation, and will not be communicated to other parties without prior written approval.

We ensure the Claims Professional is provided with copies of all documents generated or received during the assignment, including incoming and outgoing correspondence, pleadings, medical records, investigative materials, and transcripts.

Billing
Hanna Brophy will review and incorporate all billing/invoicing guidelines and requirements as outlined in the RFP and Sample Agreement.
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Technology and Efficiency
To meet demanding response times, Hanna Brophy leverages specialized tools and systems. We utilize a state-of-the-art proprietary system specifically designed for workers' compensation defense, supporting our paperless environment where all correspondence, medical records, pleadings, and other documents are scanned upon receipt and made immediately available electronically.

Our time tracking software requires contemporaneous entry of time by professionals, preventing them from moving to the next task without recording actual time in accordance with client billing guidelines, ensuring accuracy and compliance.

Through these systems, we strive to meet estimated litigation budget costs as outlined in our Initial File Reviews. If budget overruns occur, we immediately communicate this to the Claims Professional with an analysis of the cause and an updated budget estimate.

Quality Assurance and Accountability
Quality assurance and accountability are paramount at Hanna Brophy. We maintain robust internal accountability measures through a dedicated auditor who reviews attorney work (in partnership with our dedicated City of Bakersfield account manager) to assess the following, including, but not limited to:
• Establishment of clear, strategic plans of action;
• Implementation of plans and clear client communication; • Regular updates on substantive developments;
• Legal knowledge to handle specific issues;
• Clear settlement valuations consistent with client goals; • Appropriate use of paraprofessional staff for cost efficiency.

The auditor meets with attorneys to provide feedback, suggestions, and opportunities for practice improvement.

We monitor key performance indicators including case closure rates, cycle times, and average case costs to continuously improve our service delivery. Our commitment to innovation extends beyond technology-we proactively utilize data and key performance metrics to track outcomes, assess litigation trends, and continuously improve our practice to deliver optimal results for our clients.

By analyzing these metrics, we can identify successful defense strategies, anticipate emerging legal challenges, and implement best practices across similar cases, providing the City of Bakersfield with data-informed representation that maximizes cost-effectiveness while achieving favorable outcomes.
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Ownership and Auditing
Hanan Brophy acknowledges and agrees that all files, pleadings, reports, documents, and other materials provided or generated under this Agreement are the property of the City of Bakersfield and will be returned upon full completion of each matter after al,l appeal periods have expired. We further agree to make available for inspection, at reasonable times, all billing records, invoices, time entries, and other non-privileged portions of the file to the Finance Director, Internal Auditor, or any designee of the Risk Manager.

In cases involving conflict representation, Hanna Brophy will retain physical possession of the file and preserve all client confidences as required by law. Upon termination of this Agreement, all files will be returned with privileged materials properly sealed for transmittal to successor counsel.

Conflict of Interest Management
Regarding conflicts of interest, Hanna Brophy immediately will advise the Claims Professional and Risk Manager of any actual or potential conflicts in accordance with the California State Bar's Rules of Professional Conduct. We do not engage in litigation against the City of Bakersfield or represent clients with interests directly adverse to the City of Bakersfield. If a conflict is discovered, Hanna Brophy may decline the case referral or the City of Bakersfield may assign the case to another defense counsel.

Termination
Hanna Brophy acknowledges and agrees that, upon termination of this Agreement or reassignment of any matter, a Closing Report will be promptly submitted to the Risk Manager. The report will include the current status of the matter, upcoming court and other critical dates, and all pertinent information necessary for transition. Executed Substitutions of Attorney will be included as required.

Insurance
Hanna Brophy acknowledges and agrees to comply with all insurance requirements set forth in the Agreement. We currently maintain and will continue to maintain throughout the term of the Agreement, insurance coverages that meet or exceed the specified limits, including professional liability, automobile liability, and workers' compensation insurance. Certificates of insurance and all required endorsements will be provided to the City as requested. u
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CONCLUSION
Hanna Brophy is committed to providing the City of Bakersfield with high-quality, cost-effective workers' compensation defense services. Our management and work plan is designed to align with the City's RFP and Sample Agreement while delivering optimal outcomes for each case. u
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Phone: 661.333.7722
E-mail: [email protected]

EXPERIENCE
HANNA, BROPHY, MACLEAN, MCALEER & JENSEN LLP, Bakersfield, California Office Managing Partner, October 2018 to Present Promote, maintain and grow mutually satisfying relationships between clients and the firm's local attorneys; cultivates prospective clients and facilitates successful outcomes with new and established clients. Monitor attorney caseloads while offering guidance on legal strategic direction of files. Participate and contribute in the firm's Management Committee meetings. Represent the interests of self-insured employers and insurance carriers in all aspects of the defense of workers' compensation claims including, but not limited to: appearances before the Workers' Compensation Appeals Board up and through trial settings, drafting of trial briefs, petitions for reconsideration, discovery motions, and resolution of lien issues, depositions of injured workers' and expert witnesses, discovery investigations; prepare and present specialized seminars to selfinsured employers and insurance carriers regarding a variety of workers' compensation issues, including, but not limited to relevant case-law updates. Maintain excellent knowledge of and support of the firm mission, vision, value statements, policies and procedures, operating instructions, ethical codes and standards.

HANNA, BROPHY, MACLEAN, MCALEER & JENSEN LLP, Bakersfield, California Partner, January 2008 to October 2018
Provide support to local Office Managing Partner and associate attorneys. Regularly participate and contribute to firm wide partnership meetings and initiatives. Represent the interests of self-insured employers and insurance carriers at Workers' Compensation Appeals Board Hearings up and through trial settings, drafting of trial briefs, petitions for reconsideration, discovery motions, and resolution of lien issues; prepare and present specialized seminars to self-insured employers and insurance carriers regarding a variety of workers' compensation issues, including, but not limited to relevant case-law updates.

Maintain excellent knowledge of and support of the firm mission, vision, value statements, policies and procedures, operating instructions, ethical codes and standards.

HANNA, BROPHY, MACLEAN, MCALEER & JENSEN LLP, Bakersfield, California Associate Attorney, January 2003 to January 2008 Represent the interests of self-insured employers and insurance carriers in all aspects of the defense of workers' compensation claims including, but not limited to: appearances before the Workers' Compensation Appeals Board up and through trial settings, drafting of trial briefs, petitions for reconsideration, discovery motions, and resolution ofl ien issues, depositions of injured workers' and expert witnesses, discovery investigations; prepare and present specialized seminars to self-insured employers and insurance carriers regarding a variety of workers' compensation issues, including, but not limited to relevant case-law updates.
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ELIZABETH BARRA VECCHIA

Page 2 ends

EDUCATION
HANNA, BROPHY, MACLEAN, MCALEER & JENSEN LLP, Bakersfield, California Law Clerk, November 2002 to January 2003
Support local associate attorneys and partners in the practice of workers' compensation defense including, but not limited to: analysis and organization of new case files, prepare correspondence, prepare pleadings, prepare objections, schedule and prepare case file for AOE/COE evaluations and AME/QME appointments, schedule depositions, prepare subpoenas, prepare trial exhibits, maintain calendars, arrange travel, communicate with clients, Workers' Compensation Appeals Board, opposing counsel, and lien claimants.

MCGEORGE SCHOOL OF LAW, Sacramento, California
Juris Doctor
Comment Editor - McGeorge Law Review
Legislative Editor - McGeorge Law Review
Faculty Legal Reseach Assistant
CALIFORNIA STATE UNIVERSITY, Sacramento, California
Bachelor of Arts - Governme11t and Political Science
Member - Sacramento Semester Program

SPECIAL HONORS AND COMMUNICATION

CALIFORNIA STATE BAR
Certified Legal Specialist - Workers' Compensation Law

SPEAKING ENGAGEMENTS
PARMA, ASSP (Bakersfield Chapter), Hanna Brophy Academy, Hanna Brophy Sunrise Seminar, Tolman & Wiker
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Calvin Quarterman
Phone: 661.431.1142
E-mail: [email protected]

EXPERIENCE

HANNA, BROPHY, MACLEAN, MCALEER & JENSEN LLP
Bakersfield, California
Associate Attorney, January 2021 to Present
Represent the interests of self-insured employers and insurance carriers at Workers' Compensation Appeals Board Hearings up and through trial settings, drafting of trial briefs, petitions for reconsideration, discovery motions, and resolution of lien issues; prepare and present specialized seminars to self-insured employers and insurance carriers regarding a variety of workers' compensation issues, including, but not limited to relevant case-law updates. Maintain excellent knowledge of and support of the firm mission, vision, value statements, policies and procedures, operating instructions, ethical codes and standards.

Maintain excellent knowledge of and support of the firm mission, vision, value statements, policies and procedures, operating instructions, ethical codes and standards.

HANNA, BROPHY, MACLEAN, MCALEER & JENSEN, LLP,
Bakersfield, California
Law Clerk, October 2020 to January 2021
Worked closely with attorneys and partners to support various legal tasks.

Responsibilities include client communication, drafting legal documents; summarizing depositions and medical records.

CLERKIN, SINCLAIR, & MAHFOUZ, LLP, San Diego, California Lead Law Clerk, March 2018 to August 2018; January 2019 to November 2019 Promoted to Head Law Clerk in June 2019 at a civil litigation and insurance defense firm, responsible for leading weekly meetings, assigning tasks, and ensuring efficient project completion. Coordinated with attorneys to communicate expectations and provide guidance to law clerks. Served as the primary point of contact for assignment-related inquiries and resolved any arising issues. Oversaw the drafting and review of discovery responses, ensuring accuracy and compliance. Conducted legal research and writing to support case strategy and client communications.

SAN DIEGO DISTRICT ATTORNEY'S OFFICE, San Diego, California Certified Intern, August 2020 to May 2022
Drafted motions, briefs, and memoranda fqr criminal cases in San Diego. Assisted attorneys with trial preparation and provided support during trial proceedings. Prepared and conducted preliminary hearings and arraignments, representing clients in front of judges and on the record.
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CALVIN QU,\RTER!vL\N

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EDUCATION

ADMISSIONS
CLARK, JUSTIN, ZUCCHI, FROST & WILLIAMS, LTD., Rockford, Illinois Law Clerk, June 2015 to August 2015
Researched case information related to personal injuries from car accidents, workers' compensation, and other incidents. Communicated relevant details to clients about their cases and conducted client interviews. Drafted memoranda and assisted in deposition preparation. Organized case documents to ensure smooth workflow.

LAW OFFICES OF DENISE M. KUZNIEWSKI, McHenry, Illinois
Law Clerk, December 2014 to January 2015
Assisted with document preparation for divorce cases and conducted research on client documents. Interviewed potential clients and communicated findings to the supervising attorney.

UNIVERSITY OF SAN DIEGO, SCHOOL OF LAW, San Diego, California Juris Doctor -May 2020
USD School of Law Merit Scholarship
Moot Court Associate Member
DRAKE UNIVERSITY, Des Moines, Iowa
Bachelor of Arts- Political Science, May 2017
Magna Cum Laude
CALIFORNIA STATE BAR- January 2021
. 2.
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WSISC
\ ,_. Self-Insured Schools of Californi~1
Schools Helping Schools
March 11, 2025
To Whom It May Concern:

Hanna Brophy LLP has been a valued business partner of Self-Insured Schools of California (SISC) for over 21 years.

The overall quality of work from Hanna Brophy attorneys has been very good. they work well with my examiners, establishing a trusting working relationship with timely response to any inquiry or need of assistance in the handling of their claims.

Throughout our relationship, Hanna Brophy attorneys have shown sensitivity and awareness to my program's public interest, policies, image, and goal to minimize costs for our insureds. As SISC is a nonprofit public Joint Powers Authority, we strive to contain costs at all levels, to ensure our member school districts' premiums are the lowest they can possibly be. We watch every penny on every claim and we do not pass along unwarranted costs to our members. Hanna Brophy has been very cognizant of our challenge to contain costs and provides services that coincides with our overall philosophy and goals.

I would highly recommend them to any company seeking a very competent and professional defense law firm.

Sincerely,
C2~if ocl~~,~
Executive Director, Workers Compensation.

P.O, Box 18-17, 8<1kcr~field, CA 93303-1847
2000 K St • l.;my E. Reider Ed11cHlion Center". Bake,sfie!d, CA 93301 ph: GGl.636.4710 f>s: 661.636-415G • si:;c.kern.org
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CITY CF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648

RISK MANAGEMENT DIVISION
March 11, 2025
To Whom It May Concern:

This is a reference for Hanna Brophy LLP. I have used Hanna Brophy at two (2) municipalities in the past: City of Orange from 2009 - 2017, and again at City of Huntington Beach from 2017 to present date. They handle many of our Police, Fire, Non-sworn/Civilian claims and all our Industrial Disability Retirements (IDR's).

Industrial Disability Retirements is a specialty field and there is no other firm that I know of In this State that has as much experience, knowledge and success in handling IDR's.

Hanna Brophy is a stellar organization, professional, direct, communicative, realistic, providing excellent advice and results. Their fees have remained very reasonably comfortable and consistent over the years for the claims. They are easy to get in touch with and always pick up the phone when I call or return my phone calls/emails quickly. The accessibility of any attorney is paramount to me. Hanna Brophy has successfully resolved many of our complex claims and turned various stressful situations Into hassle free processes and great outcomes for all.

Please feel free to reach out to me for any questions you may have. ~// i<-
DeAnn~,v;,,
Risk Manager
City of Huntington Beach
Deanna .sari [email protected]
(714) 536-5519
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AGREEMENT NO. _____ _

ATTORNEY RETAINER AGREEMENT
THIS AGREEMENT is made and entered into on. ________ ,, by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, [referred to herein as "CITY") and Hanna Brophy [referred to herein as "ATTORNEY").

RECITALS '. ,,~~
... ~~~?: WHEREAS, it is necessary and appropriate that ~e,gal services be performed for CITY to represent CITY, its officers and employee's'.?i""tth r~~pect to workers' compensation defense and subrogation legal services'<fgr,,½'.tiich counsel with specialized knowledge and experience is nee(ded; and "\:/~ "'{) .. .,~. ·•t(~j·:t~ _,,_t{·;"·
WHEREAS, CITY desires to retain.1,tXI~.~~EY:,t,9_perform leg;~!yservices on behalf of CITY with respect to the mqtt~rs desq~_~ed'b,~.1~,:'· -~"., "· ~~{;b~-.. ~.r·.~ "'.{:::~~ .. ,:1_/~;r
NOW, THEREFORE, incorp~rg,ttng tt\~J;>rf~9>ing recit.9f lierein, the parties agree as follows: ,,·'."~':~•,, .. _ '· ::)/-" -
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1. SERVICES TO BE RENDERED:,,,ATTORl')IEY will represent the CITY in •J ~ .... ,:•• ,; .,;)¼_'<,., ,,,. ''· workers compensatioi;W~'.ElJt_~rs as '(~,guest~~ by"lGity in accordance with the Request for Proposals dtfEl<:.n~SJi;q~ Exf:i!t\lit A.'",t'!>i,. · .. '.' ~ c:.,\.' ,:h,t. i..r,~\ •"~ •· '.:t~... '"~"~':'• -~- \i ,. •;:,j:\,._ '-: ,;L ,\.,:\ -_;,.;'-., General M1scel/aneous Issues
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-·-·- ··/\ ~~;_,x)'r- ·~~~):t'"' 2,J,,. COMPENSATION·',T0. ATT0RNEY. Compensation for all work, services or pn[c/ucts called /or,,yfu"Gier fhisi;'llgreement shall be paid as follows: CITY shall 'f;'i,,_1,, "- ,,.,. ',;, compeq~ate A.,TJORNEY(for all services performed by ATTORNEY on an hourly ~•-' - ~ j ,., . ,.,_. . ",1_ \ basis, at,-,tt2,e;:rc:ite~;sx,t f9r;t~ in Appendix A. attached hereto and incorporated herein by referenCEf·Jhe rrfaximum amount of fees payable under this Agreement shall NOT EXCEED , ANNUALLY. All payments for services will be made by the City's thirc;Lparty claims administrator after their review and approval. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation for service by ATTORNEY, including all approved out-of-pocket costs incurred. CITY shall pay no other fee than the compensation listed in this section unless otherwise agreed to in writing by the CITY.

3. TERM. This Agreement shall continue for a period of five [5) years commencing July l, 2025. The CITY may terminate the Agreement upon thirty [30) days written notice. In the event of early termination, ATTORNEY shall be paid only Workers' Compensation Defense Services RFP 2025
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for work satisfactorily completed up to the date of termination and delivered to and accepted by the CITY.

4. ACCEPTANCE OF ASSIGNMENTS AND REPRESENTATIONS. ATTORNEY, with respect to the matter[s) assigned, represents as follows:

4.1 ATTORNEY has the expertise, support staff and facilities necessary to fully represent CITY's interests in the litigation described herein; and

4.2 ATTORNEY does not have an actu.91., or potential interest adverse to CITY nor does ATTORNEY presently repreSE;!jlfisf'person or firm with an interest adverse to CITY with respect to the matter[s) .~~cepted; and ';~~~f:>~ ,{/ ->

4.3 ATTORNEY shall diligently provide suco>IE?Q¢1 services as are necessary in a professional, timely manner up'.qq the termss;&:1sJ condit\9ns as set f th h or ere1n. . ,), ' ', ··-""' r'.'·•, •-.,.-, ,., •. ·- ,• .•; ,r1:!";?~%?.:: h•• 1;'1~\,.'., '\;~>1{~~:J))•

5. REPORTING REQUIREMENTS·,;:,-- ATT~~NEY,;:shall proyide' to the Risk -.. '\ ' ' -, .,.;,., _,- ....

Manager, or designee, appropriate re~~!Js as r~~uested..\~t.$'1T'f· .. •~-i. "'·'- 1•• --.,~:•--:

5.1 SETTLEMENT \~RtP,ps~[~::,AHdRNEY S
0 ~a1i" notify the Risk
Manager of any settlement prop'q,~l,[~~eivJa)~rether such proposal is oral or in writing. Oral reports of settlement a~r;naqlzjs will'oe)f9llowed as soon as is practical by a written confirma~-t9~!?.Lt~e dJ~,~na!t<2t!ers
0 'Sr>~ounteroffers to be initiat~d
by ATTORNEY shall be 1nwnt1r1g'0nd contain the,detrnls of the proposal along with the ATTORNEY'S recom~-e~·0ati0'rl·;ari0}.be s'U8mitted to the Risk Manager for ~• • , •' --...;~•,,•-, .:V d, approval prior t92c;:9mmunic0tlng anflv,1~ offer or counteroffer to other parties. '•.:.~~-;::,:~:,'i-\~".'" -~ .,,;~~:!?~, ... <:.:;-
52 '.::lCLOSING.REPORT•ln the event this Agreement is terminated as r-''..• \<\ ,,.e_, . .., '<;',-..-.,_ set f~!:!l'.l)herein or'f.Sl a~yJ,eg}~O.. ATTORNEY is to no longer represent CITY with respect to the matte_r~,l)\TTORNEY; shall submit a report, herein referred to as a Closin~\~_epo_r!, .. <;J~scri~/,qg the status of the matters, listing future court dates and other p'er'tif:i~nf:.dg_f!;lS_ dn_d ,setting forth any other information needed by another attorney to handle_~ 'the::_ matters. The Closing Report will be expeditiously submitted, together v-tith necessary executed Substitutions of Attorneys, to the Risk Manager. :··: ·.

Workers' Compensation Defense Services RFP 2025
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6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in anway 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_9therwise null and void without the need for further action by the non-assigning,if>Brty or parties. ,, .. .:;;.:. :·'

7. INDEMNITY. ATTORNEY shall indemnify, -~~-;~nd 0119 hold harmless CITY, its mayor, Council, officers, agents and employe~~;i,,,9,Q,binst any and all liability, claims, actions, causes of action or d.'?mands whatf3ever" against them, 'ii~,.,·~ .., ' ,'•, • or any of them, for injury to or death of persons'6f-;damage to1prqperty,prising out ·-•. ~ '~r ' ,,. -,,, of, connected with, or caused by ATTOR~EY, NlJQRNEY's emi:jl~w,e¢s, agents, ,-~ -- .,., r., <,; :, ~... '~ ._,., subcontractors, or independent cont~9ct6rs-o(c;:,om·p.ci11ies under the'provisions of th' t ,J•-;-,.·,;,I ._~~-/~\ "-t.\!!_• . .,. (r~~ 1s Agreemen . •,,·';h \'.;•_ --~,:;,·-._ ,J:J:•" ,1.;"j, "~(1,:~,. .?6~:• •~~{~•:,.~Lt:t/

8. NEGATION OF PARTNERSHIP:GITY:slldll not beco'rfi'e or be deemed a partner or joint venturer with ATTq"~N-~.Y-,pr a'li~{Jate in any such relationship with ATTORNEY by reason of the provisibr;is··:ohthis l\gr,eement. ATTORNEY shall not for ~---r~ < ,., .. .., •r-::"'·• any purpose be consi~.tf-':::1 .• '.:m aget'it. ciffi~,E?r or ettjployee of CITY. ... ·S •.'-h'. ·J,~\ .... .., ',{•\ ... -=::··?;,, \:~:i', . .._.,,._{./'.,:\~. :c,_, •• "w;f;•:-,.

9. INSURANCE. ·-1~1,9.adiQ9D.,t~i\any ·other insurance or bond required under by this Agf_e~ment, A1TQBNEY,;~tigHiprocure and maintain for the duration of this Agreem·et~ffl'.1_~Jollowi'ng}jypes·· cfri0 limits of insurance ("basic insurance requirements" hereJ~f ;,<'.:'.-:1._ ·,0'\i:"'· ., •_1~/-. '·:\ '';~r::t).;,,. ·~•:J, {;1(i°'' 9.1 Pfiifessi6"!i~i'.'ildbilihl insurance providing coverage on claims madEfbasis for errors\:inH omissiohs with limits of not less than One Million Dollars --..r, .... ,~'\._,
($ l ,000;ogpJ;,9ggr,~~9te;;s:!nd ~- ~~·,;/:~ ··;},
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9.2 Aiifomobile liability insurance providing coverage on an occurrence basis for:"bodily injury, including death, of one or more persons, property damag·e'.'i::i'nd personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall:

9.2.1 Provide coverage for owned, non-owned and hired
autos.

9.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and
employees.

Workers' Compensation Defense Services RFP 2025
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9.4 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no less than A-:VII. Any deductibles, s_elf-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.

9.5 All policies shall contain an endorsedYii;ht providing CITY with thirty (30) days written notice of cancellation or iffi~aferial change in policy language or terms. All policies shall provide there sn'aH be continuing liability thereon, notwithstanding any recovery on any policy. C:6mje{:a( policies shall be . ··" "· .. ~, -• delivered to CITY on demand. -· •t,> ·;tt'! ·>~ \-.~·{(; ~,,.. ,.r- l;t(-:-

9.6 The insurance required hereunder-shall be maintair-/~d until all . ,/ t .-~:t..:==,;!;,:,_\;j\,. ·:~,J., . . "ff'-;,:
work required to be performed by t[)J~;\'b."greerr.:i~nt 1s-:sqt,1sfacto!11Y completed as evidenced by written acceptance by)GITY. ;., • ·, ,_-,_ .-;.'" · i::~·+J\. \~;:, •Ii~-it, ~w·! ·{-::\.::

9.7 The ATTORN~:i;;~t~m.211 fur6is.b\;the City Risk Manager with a certificate of insurance and req0ire'd-,endo'rserj1ents evidencing the insurance required. The CITY may withdraw\t\ 6ffer-~of ;'6'ritract or cancel this contract if certificates of insurancli// and endci'fs·e~ef:its requiied have not been provided ··,:-- •~'~ ', .. , . .,,, "I.:-.\ -..,,,,., prior to the execution oMh_ir'f<gr;~_eme(lt. '<-:,:it·
i.:~},.\. ~d\:.;~f/,~\l;, 'f,&. !, } -.,;, l~ ·-~} ·::.-. ·lfj ,.,

9.8";~->\Jr:iless otR~~se'tl2J~ir,qyed by CITY, if any part of the work under this Agre'~~e'6J:;l~,_subcoqtr9,cted~~t~e "basic insurance requirements" set forth above shall be provj9e9 by\qt-,on behalf of, all subcontractors even if CITY ~--,---:1:- v.-A.. ~-n ,-' -~ "!;~_,.:.') has ar:mroved lesserinsurance:requ1rements for ATTORNEY. ' \:r" ~:~::/ ;}~r.'., . ";(Jt~t;
··,10. TERMINATl0N. Either party may terminate this Agreement upon thirty (30) days \N_ritten;·hqtid~:i'A TTORNEY shall, upon termination, forthwith deliver to new counsel as dire{tect by the Risk Manager a Substitution of Attorney form signed by ATTORNEY;;'CITY may terminate this Agreement immediately without notice upon deter_l"_l')ir;iing that such action is necessary to protect the interests of CITY. ·-

11. OWNERSHIP AND INSPECTION OF FILES. All files, pleadings, reports, documents and other items remitted to A HORNEY pursuant to this Agreement are and shall remain the property of CITY and shall be returned to CITY upon full completion of each matter after the time for appeal has run. During the Workers' Compensation Defense Services RFP 2025
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pendency of the case remitted, all billing, invoice, time and other non-privileged portions of the file shall be made available for inspection by the Finance Director and Internal Auditor of CITY or other person designated by the Risk Manager at all reasonable times, It is understood and agreed during the pendency of any conflict representation case, physical possession of the file shall remain with ATTORNEY who shall hold inviolate the confidences of client as required by law, Should this Agreement be terminated, the files shall be returned to CITY with all privileged materials appropriately sealed for transmittal to successor attorney of record for client,
CITY:
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13:--_ i,,N·o.:wAIVEi'·oF DEFAULT. The failure of any party to enforce against another party any pf9.vision of this Agreement shall not constitute a waiver of that party's right to enfor2~;such a provision at a later time and shall not serve to vary _.t ~-·· the terms of this ;\gre,ement.

Workers' Compensation Defense Services RFP 2025
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17. TIME. Time is of the essence of this Agreement.
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18. ACCOUNTING RECORDS. ATTORNEY sh'an".' maintain accurate accounting records and other written documentati15frpertaining to the costs incurred in performance of this Agreement. Such rec~r;<;Js OQR?documentation shall be kept at ATTORNEY's office during the period of tnit?-gte§ment, and for a period of three years from the date of the firkil paymenh~ereunder, .and said records shall be made available to CITY repres~htq~ves upon"r~gyes;,,efitany time d . I b . h "., ,_. ., ' '
unng regu or us1ness ours. c•r::r?'.i' '· ·, ;.,)·,,. 'f:-·::''/" ,,: ,r,·r ··~ •.. "~'··.... -.,i .. '.·

19. EXHIBITS. In the event o/~{c:,pnflic\':~;Ertw~-~B;,tt)e ,te'r,'tns, conditions or specifications set forth in this Ag_r~~menti}:J.rid .!~bse in exn{qits'-'attached hereto, the terms, conditions or specificatjc§b~ set 'fq}tjj:,ih1 this Agree~ent shall prevail. All exhibits to which reference is ma~e'lnJthis Agr$'ement are deemed incorporated in this Agreement, whether or not '&(tt0auy,attci'&fr~g. --::?~~~?.~-~- ( ~:\ ~t?~~·,, \\S\

20. CORPORATE',AUTH0RITY. 1Each inaividual executing this Agreement represents and -~arrants'tf.i'ey ''6'i'e)<,:t~i\authcitlzed to execute and deliver this Agreement on;oehq_lf of the',ggrporatjqr{\or organization, if any, named herein, and this Agre'eif!lEinJc.,is bindrngt,., upon-'.i.said corporation or organization in accordance wittWtts te'frils> "4:.c,l'::,, ./t _;:,,. --~t.~1\ .. ~~:};f1'):?!:.~~ ·;.,:ii} :;21. EXECUTION:.'i',This Agrceement is effective upon execution. It is the produtt.of negotiation··ahd all parties are equally responsible for authorship of this Agreement .. ·S~~fiqn 165f\. of the California Civil Code shall not apply to the interpretatlon of thisi~greement. ~ •'

22. -:.:~,;
TAX NUMBERS.

ATTORNEY's Federal Tax Identification No. 94-2709617
ATTORNEY is a corporation? Yes X No ___ _
[Please check one.)

23. 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, Workers' Compensation Defense Services RFP 2025
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pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written.

CITY OF BAKERSFIELD ("CITY")
By:. ___________ _

KAREN GOH, MAYOR
..... .,,
APPROVED AS TO CONTENT: t:t\:

CITY MANAGER'S DEPARTMENT
By: ·~ .. ~ ~. -~,:~~? .

CHRISTIAN CLEGG
CITY MAN°AGER
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Workers' Compensation Defense Services RFP 2025
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APPROVED AS TO FORM:

VIRGINIA GENNARO

CITY ATTORNEY
By: __________ _

VIRGINIA GENNARO

CITY ATTORNEY
Insurance: -----
COUNTERSIGNED: • ''·t·
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"
"I have received and reviewed the sample A HORNEY
RETAINER AGREEMENT including the INDEMNITY clause
which was included in the City's RFP. My signature above shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract as described in said RFP. This acceptance is made with the understanding that the Compensation and time for Completion clauses
will be modified or created to contain the amounts and
dates established for this contract."
Workers' Compensation Defense Services RFP 2025
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APPENDIX A
Attorney Defense Service Rates for Workers' Compensation Claims

SERVICES RATES
A. Defense of Workers' Compensation Claims
$155.00 per hour
B. Defense of Workers' Compensation Subrogation
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C. Defense of Workers' Labor Code Section 132a and seriouis and wiilful ;1;·t_:li-·' claims, 0.B.A.E. audits, Disability Retirement Claims, and Am.1iricbns $-175.00 per hour with Disabilities Act Claims. •j•::;~~1.::r ... <. •/i~•1, 'j//
D. Paralegals and Law Clerks ' -... ·;;,1 t ' .. :: .. "·/i..<tt E. Other- Please describe: Industrial Retirement and Americanswith ,.4:·~?Jt-::.c._·.t:.. '?;_:· Disabilities Act Claims
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.DHANNA
H .:>BROPHY
www.hannabrophy.com

COST PROPOSAL
Below are our proposed hourly rates and costs for consideration, please note the below is subject to negotiation:

Defense of Workers' Compensation Claims (submitted in increments of .1 per honr) for 2025 I.

2. 3.

Partners and Certified Specialists
Associate Attorneys
Paralegals/Law Clerks
$155.00 per hour
$155.00 per hour
$105.00 per hour
Defense of 132(a) and Serious & Willful Claims (submitted in increments of .1 per hour) for 2025
I.

2. 3.

Partners and Certified Specialists
Associate Attorneys
Paralegals/Law Clerks
$175.00 per hour
$175.00 per hour
$105.00 per hour
Defense of Workers' Compensation Claims (submitted in increments of .1 per hour) for 2026 I.

2. 3.

Partners and Certified Specialists
Associate Attorneys
Paralegals/Law Clerks
$160.00 per hour
$160.00 per hour
$ 110.00 per hour
Defense of 132(a) and Serious & Willful Claims (submitted in increments of .1 per hour) for 2026
I.

2. 3.

Partners and Certified Sp~cialists
Associate Attorneys
Paralegals/Law Clerks
$175.00 per hour
$175.00 per hour
$105.00 per hour
Defense of Workers' Compensation Claims (submitted in increments of .1 per hour) for 2027 I.

2. 3.

Partners and Certified Specialists
Associate Attorneys
Paralegals/Law Clerks
$165.00 per hour
$165.00 per hour
$110.00 per hour
Defense of 132(a) and Serious & Willful Claims (submitted in increments of .1 per hour) for 2027
I.

2. 3.

Partners and Certified Specialists
Associate Attorneys
Paralegals/Law Clerks
$ 180.00 per hour
$ I 80.00 per hour
$ 1 10.00 per hour
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B HANNA
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www.hannabrophy.com
Defense of Workers' Compensation Claims (submitted in increments of .1 per hour) for 2028 I.

2. 3.

Partners and Certified Specialists
Associate Attorneys
Paralegals/Law Clerks
$170.00 per hour
$170.00 per hour
$115.00 per hour
Defense of 132(a) and Serious & Willful Claims (submitted in increments of .1 per hour) for 2028
I.

2. 3.

Partners and Certified Specialists
Associate Attorneys
Paralegals/Law Clerks
$185.00 per hour
$185.00 per hour
$115.00 per hour
Defense of Workers' Compensation Claims (submitted in increments of .1 per hour) for 2029 I.

2. 3.

Partners and Certified Specialists
Associate Attorneys
Paralegals/Law Clerks
$175.00 per hour
$175.00 per hour
$120.00 per hour
Defense of 132{a) and Serious & Willful Claims {submitted in increments of .1 per hour) for 2029
I.

2. 3.

Partners and Certified Specialists
Associate Attorneys
Paralegals/Law Clerks
In-House Photocopies
Parking (appearances, depositions, etc .. )
Mileage
Costs Continued
Travel Time
Research
Messenger Services, Overnight Delivery
$ I 90.00 per hour
$ 190.00 per hour
$125.00 per hour
$.25 per copy
At cost
At prevailing IRS rates
Real time
Real time
At cost

OFFICE LOCATIONS
FRESNO
Phone: (559) 222-0660
Fax: (559) 222-2880

BAKERSFIELD
Phone: (66 I) 520-4998
Fax: (559) 222-2880

SACRAMENTO
Phone: (916) 497-9999
Fax: (559) 222-2880

SALINAS
Phone: (831) 851-4030
Fax: (559) 222-2880

PASADENA
Phone: (626) 748-9911
Fax: (559) 222-2880
March 26, 2025
Ms. Jena L. Covey

CITY OF BAKERSFIELD
1600 Truxtun A venue
Bakersfield, CA 93301

YRULEGUI & ROBERTS
Attorneys at Law

MAIN OFFICE
5250 North Palm Avenue, Suite 402
Fresno, CA 93704
www.rjylaw.com

SERVING WCAB LOCATIONS
Fresno
Bakersfield
Sacramento
Stockton
Redding
San Jose
Salinas
San Luis Obispo
Santa Barbara
Oxnard
Van Nuys
Pasadena

RECEIVED
MAR 2 7 2025

RISK MANAGEMENT
RE: Yrulegui & Roberts Proposal to Provide Workers' Compensation Defense Legal Services.

Dear Ms. Covey:

Enclosed herewith, please find the proposal of YRULEGUI & ROBERTS to represent the City of Bakersfield in workers' compensation cases. This proposal is in response to the Request for Proposal to be submitted by March 28, 2025.

Thank you for the opportunity to submit our proposal to the City of Bakersfield. Our goal is to provide you with excellent service and results in workers' compensation matters, and we look forward to the possibility of continuing to work with you and the City of Bakersfield.

Please feel free to contact us with any questions, comments or requests.

Respectfully submitted,
d7 '
John A. Robinson
Office Managing Partner - Owner
[email protected]
JAR/m

YRULEGUI & ROBERTS
Attorneys at Law

PROPOSAL TO PROVIDE WORKERS'

COMPENSATION LEGAL

REPRESENTATION

FOR THE CITY OF BAKERSFIELD
March 27, 2025
Contact attorney for the proposal:

Mr. John A. Robinson

YRULEGUI & ROBERTS
Maling Address
5250 North Palm Avenue, Suite 402
Fresno, CA 93704
Office (661) 520-4998
Fax (559) 222-2880
Cell (661) 340-1221
[email protected]
1 TABLE OF CONTENTS
SCOPE OF SERVICES ................................................................................... 3 PERSONNEL AND EXPERIENCE .................................................................... 3 HISTORY OF LAW FIRM .............................................................................. 4 PUBLIC ENTITY AND SELF-INSURED REPRESENTATION EXPERIENCE ............ 4 FIRM PHILOSPHY AND PRINCIPLES .............................................................. 5 FEES, COSTS AND EXPENSES ........................................................................ 6 FIRM'S INVOLVEMENT LEGAL ACTIONS ...................................................... 6 CONFLICTS OF INTEREST ............................................................................ 7 INSURANCE REQUIREMENTS ........................................................................ 7 REFERENCES ............................................................................................... 8 ATTORNEY RESUMES ................................................................................. 10 SIGNED SAMPLE RETAINER AGREEMENT ..................................................... 11 2 SCOPE OF SERVICES
Yrulegui & Roberts understands that the scope of services includes legal review, advice and representation of the City of Bakersfield in workers' compensation cases before the California Workers' Compensation Appeals Board, California District Courts of Appeal, and the Supreme Court of California, if necessary. Additionally, Yrulegui & Roberts will represent the City of Bakersfield in defense of Labor Code section 132a and Serious and Willful allegations as well as in subrogation matters when requested.

The firm will also make itself available to provide services to the City of Bakersfield upon request in support of maintaining the current Workers' Compensation Medical Dispute Resolution Process - "Carve Out" - being utilized in cases involving the Bakersfield Police Officers Association and Bakersfield City Firefighters unions and provide assistance regarding Industrial Disability Retirement issues if requested.

PERSONNEL AND EXPERIENCE
Yrulegui & Roberts proposes the following attorneys to be assigned to the City of Bakersfield and provide services:

John A. Robinson
Office Managing Partner - Owner - Bakersfield Office
Mr. Robinson has been practicing workers' compensation defense exclusively since October 2008.

He will be the firm's designated lead counsel for the City of Bakersfield, has represented the City of Bakersfield, and cmTently represents The County of Kern, the City of Delano, the City of McFarland, and several large permissibly self-insured companies as well as insurance companies in workers' compensation matters. He is extremely knowledgeable of the issues concerning the defense of public entity and self-insured employers in workers' compensation matters and has litigated hundreds of cases on behalf of public agencies including, but not limited to, issues involving Labor Code section 4850 and safety officer presumptions.

Michael "Vito" Mazzei II
Partner - Bakersfield Office
Mr. Mazzei, II is a partner at Yrulegui & Roberts Bakersfield. Born and raised in Bakersfield, California to an agriculture-based family from Italy, Vito graduated from the University of California at Santa Barbara and received his Juris Doctor from San Diego's Thomas Jefferson School of Law. Vito grew up working for various agriculture-based family businesses in both Fresno and Bakersfield, California. Mr. Mazzei started with Yrulegui & Roberts in July 2017, and he takes great pride in both the firm and the clients he works with day in and day out.

Stephen B. Roberts
Senior Partner - Owner - Fresno Office
Mr. Roberts is located in the firm's Fresno office. He has represented the County of Tulare in workers' compensation matters for more than fifteen years. He has handled workers' 3 compensation claims for the City of Fresno and the County of Fresno. For the last 29 years he has handled cases involving public agencies and is very knowledgeable about issues specifically related to public agency employees, including issues involving Labor Code Section 4850 and public safety employee presumptions.

Joseph Yrulegui
Managing Partner - Owner - Fresno Office
Joseph Yrulegui, also managing partner, joined the firm as an associate in 2009 after graduating from the University of the Pacific, McGeorge School of Law. Mr. Yrulegui has written several articles concerning current issues facing the workers' compensation system and has extensive experience representing public entities, including a thorough knowledge and understanding of Labor Code section 4850, presumptions, and carve-out agreements.

HISTORY OF LAW FIRM
Yrulegui & Roberts is a workers' compensation defense law firm that specializes exclusively in the defense workers' compensation claims and cases. The firm is composed of a carefully assembled group of attorneys with exceptional skills in handling all aspects and issues related to the defense workers' compensation cases.

Yrulegui & Roberts is the oldest local workers' compensation defense firm in the San Joaquin Valley. Richard Yrulegui originally founded Emerson & Yrulegui in 1978, where he began his practice representing all entities in workers' compensation defense. In 1996, San Joaquin Valley native, Stephen Roberts, joined the firm and on January 1, 2010, the firm changed its name to Y rulegui & Roberts. Joseph Y rulegui became the managing partner of the firm in 2013 .

On February 1, 2016, Yrulegui & Roberts opened its Bakersfield Office with John A. Robinson as the Office Managing Attorney. Mr. Robinson represents clients in all matters of workers' compensation defense and related issues, including 132a petitions, Serious and Willful allegations, and subrogation.

The firm routinely handles cases at the Workers' Compensation District Offices in Fresno, Bakersfield, Stockton, Salinas, San Jose, Sacramento, Van Nuys, Santa Barbara, Anaheim, Los Angeles, Marina Del Rey, Log Beach, Santa Ana, and at other venues when requested.

For additional information regarding our firm and our people, please visit the following:
www.rjylaw.com
PUBLIC ENTITY and SELF-INSURED REPRESENTATION EXPERIENCE Yrulegui & Roberts has a long history of representing public entities before the Workers' Compensation Appeals Board, California Courts of Appeal, and California Superior Courts. We have a significant amount of accumulated knowledge and expertise regarding issues specific to public entities and the added pressures they face including public relations concerns and financial pressures.
4 Our public entity clients include:
• City of Clovis
• City of Chowchilla
• City of Delano
• City of Dinuba
• City of Farmersville
• City of Firebaugh
• City of Fresno
• City of Huron
• City of Lemoore
• City of McFarland
• City of Mendota
• City of Porterville
• City of Sanger
• City of Selma
• City of Taft
• City of Visalia
• County of Fresno
• County of Kern
• County of Kings
• County of Madera
• County of Merced
• County of Tulare
Our experience and collective knowledge regarding not only workers' compensation law, but municipal law, labor law and working with unions, enables our attorneys to go above and beyond the typical defense provided by other workers' compensation defense firms and provides well rounded counsel as we understand how workers' compensation specifics effect and relate to other areas of the law. This allows our attorneys to address issues effectively when other areas of law are at play and intersect with workers' compensation cases.

FIRM PHILOSPHY AND PRINCIPLES
It is our mission to provide our clients with the finest legal service through aggressive and equitable representation, personal attention, and professional diligence.

When our clients succeed, we succeed. We strive to make lasting partnerships with our clients:
and we endeavor to do so being guided by the following principles:
• Our clients deserve our personal and timely attention. Calls are returned promptly. We must be accessible. When our clients need us, we must be available. Every attorney is able to check email outside of work. We have a strict rule to return all communications within 24 hours, if possible.
5 • Our work must be thorough and effective. We are zealous advocates for our clients. They depend on us to aggressively pursue their goals, leaving no stone unturned. Whether in the courtroom or in our research and pleadings, we strive to find ways to best advance the client's cause. Our attorneys take pride in being detail-oriented and aggressive. • We are a small, yet focused boutique law firm. Our ability to give personal attention to our clients is paramount. Cases are not referred to the firm, but are referred to the attorney. No other attorney will handle that case unless a conflict arises. Clients do not experience multiple attorneys handling one case throughout its duration, without prior approval. • We are counselors as well as advocates. We communicate in clear language that our clients understand. We advise as well as represent. Our clients deserve to know what we do, why we do it, and how it benefits them.
• Our clients are entitled to professionalism from their attorneys. We adhere to the highest professional ethics, and protect their confidences from improper disclosure. Their secrets are safe with us.
• Our clients need to know what lies on the legal horizon. We stay abreast of developments in the law and inform our clients of how these changes may impact their claims and business.
• Every attorney at Yrulegui & Roberts has their own assistant. Unless a client directs otherwise, updates on a case will take place every 30-60 days. Our clients are always kept well informed of the latest developments in a case.

FEES, COSTS, AND EXPENSES
$185.00 per hour for partner and associate attorneys.
$95.00 per hour for paralegal work.
$0.10 per page for photocopies.

We will not charge local travel expenses, nor will we charge a higher rate for defending the City of Bakersfield against Labor Code section 132a and Serious and Willful allegations.

The rates quoted above are open to negotiation given the scope of representation and the relationship that we desire to continue building and maintaining between our firm and the City of Bakersfield. Again, we understand and respect the financial issues and pressures concerning public entities. As such, we are willing to discuss modifications to the rates quoted above and mutually agreeing to fees that are equitable to both the City of Bakersfield and our firm, if required.

FIRM'S INVOLVEMENT LEGAL ACTIONS
Yrulegui & Roberts has not been a party to any legal proceedings relating to the services provided by the firm.
6 CONFLICTS OF INTEREST
To ensure conflicts of interest are addressed immediately, all files are thoroughly reviewed by our business office upon receipt by the firm. Our business office reviews the file and conducts a search of not only our case management system, but other files and business records. If a potential conflict is discovered, we inform our clients immediately to include proposed action to resolve the conflict and move the matter forward expeditiously.

Our firm understands the City of Bakersfield's policies and concerns regarding conflicts of interest. We do not currently have an actual or potential interest adverse to the City of Bakersfield nor do we represent a person or firm with an interest adverse to the City of Bakersfield with respect to the defense of workers' compensation cases or any other area oflaw. Our firm further covenants not to represent any client adverse to the interest of the City of Bakersfield and will not bring or participate in any legal action against the City of Bakersfield.

INSURANCE REQUIREMENTS
Yrulegui & Roberts maintains insurance compliant with the provisions outlined in Section 9 of the Sample Attorney Retainer Agreement and will provide proof of said coverage at the time of contract execution or upon request per Section 9 of the Request for Proposals, Attorney Services Workers' Compensation Defense, March 2025.
7 REFERENCES

SELF-INSURED SCHOOLS OF CALIFORNIA
Gabriel Rodriguez
Executive Director SISC I, Workers' Compensation
P.O. Box 1847
2000 K Street
Bakersfield, CA 93301
(661) 636-4422

COUNTY OF KERN, WORKERS' COMPENSATION SERVICES
Iliana Sanchez
Claims Manager
1115 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
(661) 868-3882

CITY OF DELANO
Noemi Zamudio
Human Resources Director
P.O. Box 3010
Delano, CA 93215
(661) 720-2210

CITY OF FRESNO
Steven Emerzian
Senior Risk Analyst
2600 Fresno Street
Fresno, CA 93 721
(559) 621-6903

COUNTY OF FRESNO
Jenny Thompson
Risk Manager
2220 Tulare Street, 16th Floor
Fresno, CA 93 721
(559) 600-1850

CITY OF MADERA
Eric Battles
Risk Manager
205 West 4th Street
Madera, CA
(559) 661-5417
Additional references are available on request.
8 Respectfully submitted,
o mson
Yru gui & Roberts
Office Managing Parter - Owner - Bakersfield
9 ATTORNEY RESUMES
10 JOHN A. ROBINSON

AREAS OF PRACTICE

YRULEGUI & ROBERTS
PHONE: (661) 520-4998
FAX: (559) 222-2880
Email: [email protected]
Practice is in Workers' Compensation defense with primary emphasis on the following areas:
• Self-Insured Employers
• Public Entities
• Serious & Willful Allegations
• Labor Code§ 132a
• Subrogation
Admitted to practice in all Courts in the State of California and the United States District Court for the Eastern District of California.

Experience includes workers' compensation and subrogation litigation on all issues including dependent claims/death cases, catastrophic injuries, employer negligence allegations, presumption cases, etc.

EMPLOYMENT HISTORY
2016 - Present
Office Managing Partner - Owner

YRULEGUI & ROBERTS
Bakersfield, CA
2015 - 2016
Partner
Hanna, Brophy, MacLean, McAleer, & Jensen, LLP
Bakersfield, CA
2009 - 2015
Associate Attorney
Hanna, Brophy, MacLean, McAleer, & Jensen, LLP
Bakersfield, CA
2008 - 2009
Law Clerk
Hanna, Brophy, MacLean, McAleer, & Jensen, LLP
Bakersfield, CA

Page 2 ends

2007
Certified Law Student/Legal Intern
Yolo County District Attorney's Office
Woodland, CA

EDUCATION
Lincoln Law School of Sacramento
Sacramento, CA - 2008
Juris Doctor
University of California
Davis, CA - 2004
Bachelor of Arts, Philosophy and Political Science

ADMISSIONS
2009 - The State Bar of California
2009 - United States District Court, Eastern District of California

PROFESSIONAL AFFILIATIONS
The State Bar of California
Kem County Bar Association
Fresno Industrial Claims Association
Professionals in Workers' Compensation

MICHAEL ''VITO'' MAZZEI, II

AREAS OF PRACTICE

YRULEGUI & ROBERTS
PHONE: ( 661) 520-4998
FAX: (559) 222-2880
Email: [email protected]
Practice is in Workers' Compensation defense with primary emphasis on the following areas:
• Self-Insured Employers
• Public Entities
• Serious & Willful Allegations
• Labor Code §132a
Admitted to practice in all Courts in the State of California.

Experience includes all aspects of workers' compensation defense.

EMPLOYMENT HISTORY
2024 - Present
Partner

YRULEGUI & ROBERTS
Bakersfield, CA
2017 - 2023
Associate Attorney

YRULEGUI & ROBERTS
Bakersfield, CA

EDUCATION
Thomas Jefferson School of Law
San Diego, CA - 2016
Juris Doctor
University of California, Santa Barbara
Santa Barbara, CA - 2011
Bachelors of Business Economics

ADMISSIONS
2017 - The State Bar of California

Page 2 ends

PROFESSIONAL AFFILIATIONS
The State Bar of California
Kem County Bar Association
Fresno Industrial Claims Association
Professionals in Workers' Compensation
STEPHEN B. ROBERTS

AREAS OF PRACTICE

YRULEGUI & ROBERTS
PHONE: (559) 222-0660
FAX: (559) 222-2880
Email: [email protected]
Practice is in Workers' Compensation defense with primary emphasis on the following areas:
• Self-Insured Employers
• Public Entities
• Serious & Willful Allegations
• Labor Code § 132a
• Medicare Set-Asides
• Seasonal Employees
• Impairment Ratings
Admitted to practice in all Courts in the State of California.

Trial experience includes a full range in all phases of workers' compensation litigation; appellate court hearings and Workers' Compensation Appeals Board trials.

EMPLOYMENT HISTORY
1996 - Present
Partner - Owner

YRULEGUI & ROBERTS
Fresno, CA
1994 - 1996
Managing Attorney
Mastagni, Holstedt & Chiurazzi
Fresno, CA
1993 - 1994
Associate
Mastagni, Holstedt & Chiurazzi
Sacramento, CA

Page 2 ends

1992 - 1993
Contract Attorney
Hagler & Nelson
Vacaville, CA

EDUCATION
University of San Francisco
School of Law
San Francisco, CA - 1992
Juris Doctor
University of California
Davis, CA - 1989
Bachelor of Science, Agricultural Economics

ADMISSIONS
1992 - The State Bar of California

PROFESSIONAL AFFILIATIONS
The State Bar of California
Fresno County Bar Association
Fresno Industrial Claims Association
Valley Industrial Claims Association
Professionals in Workers' Compensation
Northern California Workers' Compensation Defense Attorneys' Association Central Valley Safety Society

PUBLISHED CASES
Marsh vs. WCAB (2005)
130 Cal.App.4th 906, 70 CCC 787
Mr. Roberts argued on the winning side of one of the early cases arising out of SB899.

JOSEPH C. YRULEGUI

AREAS OF PRACTICE

YRULEGUI & ROBERTS
PHONE: (559) 222-0660
FAX: (559) 222-2880
Email: [email protected]
Practice is in Workers' Compensation defense with primary emphasis on the following areas:
• Self-Insured Employers
• Public Entities
• Serious & Willful Allegations
• Labor Code §132a
• Medicare Set-Asides
• Seasonal Employees
• Impairment Ratings

EMPLOYMENT HISTORY
2009 - Present
Partner - Owner

YRULEGUI & ROBERTS
Fresno, CA
2007
Law Clerk, Insurance Defense/Employment Practice Group
Matheny, Sears, Linkert & Jaime
Sacramento, CA
2006 - 2007
ABA Certified Student Attorney
Civil Practice Clinic, McGeorge School of Law
Sacramento, CA

EDUCATION
University of the Pacific, McGeorge School of Law
Sacramento, CA - 2008
Juris Doctor

Page 2 ends

University of California, Davis
Davis, CA - 2005
Bachelor of Arts, Political Science and History

ADMISSIONS
All California State Courts
Supreme Court of California
United States District Court for the Eastern District of California

AW ARDS & ACCOMPLISHMENTS
Studied Fundamental Rights in Europe and the United States under Associate Supreme Court Justice Anthony M. Kennedy, in Salzburg, Austria, July 2006.

Mentor, McGeorge Student Mentor Program
Admission, McGeorge Honors Legal Writing Program

PROFESSIONAL AFFILIATIONS
The State Bar of California
The State Bar of California Workers' Compensation Law Advisory Commission American Bar Association
Fresno County Bar Association
Fresno County Young Lawyers Association
Fresno Industrial Claims Association
Professionals in Workers' Compensation

SIGNED SAMPLE RETAINER AGREEMENT
11 AGREEMENT NO. _____ _

ATTORNEY RETAINER AGREEMENT
THIS AGREEMENT is made and entered into on _______ , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, (referred to herein as "CITY") andYrulegui & Roberts(referred to herein as "ATTORNEY").

RECITALS
WHEREAS, it is necessary and appropriate that legal services be performed for CITY to represent CITY, its officers and employees with respect to workers' compensation defense and subrogation legal services for which counsel with specialized knowledge and experience is needed; and
WHEREAS, CITY desires to retain ATTORNEY to perform legal services on behalf of CITY with respect to the matters described below.

NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows:

1. SERVICES TO BE RENDERED: ATTORNEY will represent the CITY in workers compensation matters as requested by City in accordance with the Request for Proposals attached as Exhibit A.

General Miscellaneous Issues
2 COMPENSATION TO ATTORNEY. Compensation for all work, services or products called for under this Agreement shall be paid as follows: CITY shall compensate ATTORNEY for all services performed by ATTORNEY on an hourly basis, at the rates set forth in Appendix A, attached hereto and incorporated herein by reference. The maximum amount of fees payable under this Agreement shall NOT EXCEED _____ ANNUALL Y. All payments for services will be made by the City's third party claims administrator after their review and approval. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation for service by ATTORNEY, including all approved out-of-pocket costs incurred. CITY shall pay no other fee than the compensation listed in this section unless otherwise agreed to in writing by the CITY.

3. TERM. This Agreement shall continue for a period of five (5) years commencing July 1, 2025. The CITY may terminate the Agreement upon thirty (30) days written notice. In the event of early termination, ATTORNEY shall be paid only Workers' Compensation Defense Services RFP 2025
for work satisfactorily completed up to the date of termination and delivered to and accepted by the CITY.

4. ACCEPTANCE OF ASSIGNMENTS AND REPRESENTATIONS. ATTORNEY, with respect to the matter(s) assigned, represents as follows:

4.1 ATTORNEY has the expertise, support staff and facilities necessary to fully represent CITY's interests in the litigation described herein; and

4.2 ATTORNEY does not have an actual or potential interest adverse to CITY nor does ATTORNEY presently represent .a person or firm with an interest adverse to CITY with respect to the matter(s) accepted; and

4.3 ATTORNEY shall diligently provide such legal services as are necessary in a professional, timely manner upon the terms and conditions as set forth herein.

5. REPORTING REQUIREMENTS. ATTORNEY shall provide to the Risk Manager, or designee, appropriate reports as requested by CITY.

5.1 SETTLEMENT PROPOSALS-ATTORNEY shall notify the Risk Manager of any settlement proposal received whether such proposal is oral or in writing. Oral reports of settlement demands will be followed as soon as is practical by a written confirmation of the demand. Offers or counteroffers to be initiated by ATTORNEY shall be in writing and contain the details of the proposal along with the ATTORNEY's recommendation and be submitted to the Risk Manager for approval prior to communicating any such offer or counteroffer to other parties.

Workers' Compensation Defense Services RFP 2025

7. INDEMNITY. ATTORNEY shall indemnify, defend and hold harmless CITY, its mayor, Council, officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons dr damage to property arising out of, connected with, or caused by ATTORNEY, ATTORNEY's employees, agents, subcontractors, or independent contractors or companies under the provisions of this Agreement.

8. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with A HORNEY or associate in any such relationship with ATTORNEY by reason of the provisions of this Agreement. ATTORNEY shall not for any purpose be considered an agent, officer or employee of CITY.

9.1 Professional liability insurance providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and

9.2.1 Provide coverage for owned, non-owned and hired
autos.

9.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and
employees.

Workers' Compensation Defense Services RFP 2025

9.4 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no 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 Bests' A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.

9.6 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by CITY.

11. OWNERSHIP AND INSPECTION OF FILES. All files, pleadings, reports, documents and other items remitted to ATTORNEY pursuant to this Agreement are and shall remain the property of CITY and shall be returned to CITY upon full completion of each matter after the time for appeal has run. During the Workers' Compensation Defense Services RFP 2025
pendency of the case remitted, all billing, invoice, time and other non-privileged portions of the file shall be made available for inspection by the Finance Director and Internal Auditor of CITY or other person designated by the Risk Manager at all reasonable times. It is understood and agreed during the pendency of any conflict representation case, physical possession of the file shall remain with ATTORNEY who shall hold inviolate the confidences of client as required by law.

Should this Agreement be terminated, the files shall be returned to CITY with all privileged materials appropriately sealed for transmittal to successor attorney of record for client.
12 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
Risk Manag~ment
ATTORNEY:
1600 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
Telephone: (661) 326-3738
Facsimile: ( 661) 852-2030
Yrulegui & Roberts
Attn: John A. Robinson
5250 North Palm Avenue, Suite 402
Fresno, CA 93704
Telephone: (661) 520-4998
Facsimile: (559) 222-2880

Workers' Compensation Defense Services RFP 2025

17. TIME. Time is of the essence of this Agreement.

22. TAX NUMBERS.

ATTORNEY's Federal Tax Identification No. 94-2752430
ATTORNEY is a corporation? Yes __ x__ No ___ _
(Please check one.)

23. 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, Workers' Compensation Defense Services RFP 2025
pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written.

CITY OF BAKERSFIELD ("CITY") ("ATTORNEY")
By: ___________ _

KAREN GOH, MAYOR
Print Name: John A. Robinson
Title: Office Managing Partner - Owner
APPROVED AS TO CONTENT:

CITY MANAGER'S DEPARTMENT
By: _________ _

CHRISTIAN CLEGG

CITY MANAGER
Additional Signatures on Fallowing Page
Workers' Compensation Defense Services RFP 2025
APPROVED AS TO FORM:

VIRGINIA GENNARO

CITY ATTORNEY
By: ___________ _

VIRGINIA GENNARO

CITY ATTORNEY
Insurance: -----
COUNTERSIGNED:

By: ___________ _

RANDY MCKEEGAN

FINANCE DIRECTOR
(Print Name) __ J_o_h_n_A_._R_o_b_i_n_s_o_n ___ _
(Title ) __ O_ff_ic_e_M_a_n_a...;;;;.g_in--'g;;.__P_a_rt_n_e_r_-_O_w_n_e_r "I have received and reviewed the sample ATTORNEY
RETAINER AGREEMENT including the INDEMNITY clause
which was included in the City's RFP. My signature above shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract as desc ribed in said RFP. This acceptance is made with the understanding that the Compensation and time for Completion clauses
will be modified or created to contain the amounts and
dates established for this contract."
Workers' Compensation Defense Services RFP 2025

APPENDIX A
Attorney Defense Service Rates for Workers' Compensation Claims

SERVICES RATES
A. Defense of Workers' Compensation Claims $185.00 I hour B. Defense of Workers' Compensation Subrogation $185.00 I hour C. Defense of Workers' Labor Code Section 132a and seriouis and willful claims, O.B.A.E. audits, Disability Retirement Claims, and Americans $185.00 I hour with Disabilities Act Claims.

D. Paralegals and Law Clerks $95.00 I hour
E. Other- Please describe: Industrial Retirement and Americanswith Disabilities Act Claims $0.10 per page
Workers' Compensation Defense Services RFP 2025

Developer is requesting to enter into agreements so the final map for Tract 6137 Phase 1 located at the northeast corner of Masterson Drive and Grand Canyon Drive can be approved and recorded (Ward 3).

RECOMMENDATION:

Staff recommends approval of the Final Map, Private Improvement Agreement, and Landscape Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 6137 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, Vista Montaire, 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:

There will be no financial impact to the City. Proposed street improvements are being bonded for and included within the proposed improvement agreement.

COUNCIL GOAL:

Reliable Infrastructure.

ATTACHMENTS:

1. Tract 6137-1 – Final Map

2. Tract 6137-1 – Private Improvement Agreement

3. Tract 6137-1 – Landscape Agreement

4. Tract 6137 – Vicinity Map

5. Tract 6137-1 – Covenants

PROJECT SITE 9 178

Tentative Tract 6137 - VICINITY MAP
Esri, NASA, NGA, USGS, FEMA, Esri Community Maps Contributors, City of Bakersfield, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
Tentative Tract 6137
Parcels
5/12/2025, 7:57:29 AM 0 0.13 0.25 0.5 mi
0 0.2 0.4 0.8 km
1:18,056
City of Bakersfield
The City of Bakersfield makes no warranty, representation, or guarantee

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 9, 2025
SUBJECT: Final Map, Improvement Agreement, and Landscape Agreement with Summit Capital Ventures, Inc. for Tract 7042 Phase 1
Developer is requesting to enter into an agreement so the final map for Tract 7042 Phase 1 located on McCutchen Road between Buena Vista Road and Old River Road can be approved and recorded (Ward 5).

RECOMMENDATION:

Staff recommend approval of the Final Map, Improvement Agreement and Landscape Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7042 Phase 1 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, Summit Capital Ventures, Inc., 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.

FISCAL IMPACT:

There will be no financial impact to the City. Proposed street improvements are being bonded for and included within the proposed improvement agreement.

COUNCIL GOAL:

The proposed map and agreement support City Council Goal # 3 Reliable infrastructure.

ATTACHMENTS:

1. Tract 7042 Phase 1– Final Map

2. Tract 7042 Phase 1– Improvement Agreement

3. Tract 7042 Phase 1– Landscape Improvement Agreement

4. Tract 7042 Phase 1– Vicinity Map

5. Tract 7042 Phase 1– Covenants

PROJECT SITE

LR
CITY
COUNTY
CITY
COUNTY
R-MP
R-IA
LR
LR
R-IA
LR
LR
LR LR
LR
LR
LR LR
LR
R-IA
LR
LR
HMR
LI
R-IA
GC
LR
R-IA
R-IA
R-IA
LR
SI
SI
R-IA
LR
LR
GC
R-IA
LMR
LR
R-IA
LR LR
LR
GC GC
HMR
LR LR
R-IA
LR LR
LR
LR
GC
GC

LR R-IA

PANAMA LN
OLD
RIVER
R
D
BUEN
A
VIS
TA
R
D

MC CUTCHEN RD
BA
RLO
W
R
D
PR
O
G
RES
S
R
D
G
REEN
R
D

COULTER RD
LANDUSE FOR VESTING TENTATIVE TRACT 7042
25 30
29 36 31 32
T30S, R26E T30S, R27E
0 600 1,200
Feet
40703LU
LR
TRACT 7042 VICINITY MAP

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 13, 2025
SUBJECT: Consultant Agreement with Group Delta
(not to exceed $151,750.00) for Westside Parkway Route Adoption Environmental Services RECOMMENDATION:

Staff recommend approval of the agreement.

BACKGROUND:

Group Delta is currently working with the City for environmental services in connection with the route transfer of the Westside Parkway to the California Department of Transportation (Caltrans). The City has been required to clear two properties within the freeway alignment through the Department of Toxic Substances Control (DTSC).

These properties were acquired by the City several years ago for the construction of the Westside Parkway. An initial site assessment for the route transfer was performed and showed that these properties had potential for the presence of petroleum by-products as they were part of the old Conoco Phillips oil refinery located in the vicinity of the Westside Parkway. Caltrans, as the recipient of these properties, required an official clearance from the DTSC prior to the transfer of the Westside Parkway into the State Highway System. Group Delta has assisted the City with this requirement and the City entered into a Voluntary Cleanup Agreement (VCA) with DTSC, which establishes the required process to clear the properties. Group Delta has submitted a Supplementary Site Assessment which DTSC has reviewed and in response requires additional data sampling and reporting.

Additional funding is needed for further testing and reporting, required by Caltrans and DTSC. Group Delta had been performing these services in good faith under the terms of Agreements PW20-070 and 2020-237. When staff began processing an amendment for Agreement 2020-237, it was discovered that the term date had inadvertently lapsed. The existing agreement had remaining available budget funds in the amount of $72,000, so staff is requesting a de-obligation of these funds and re-obligation into this new agreement. Also, additional funding in the amount of $79,750 will be added to the new agreement for a total compensation not-to-exceed $151,750, with a date of completion of June 30, 2026.

FISCAL IMPACT:

Funding for this agreement is available in Project TRCC29, Westside Parkway Route Adoption. There is no General Fund impact associated with this amendment.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Design Consultant Agreement - Group Delta - Signed
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AGREEMENT NO._________________

CONSULTANT AGREEMENT
This CONSULTANT AGREEMENT is made and entered into on
______________________ (“Effective Date”), by and between the CITY OF BAKERSFIELD, a municipal corporation (“CITY”), and Group Delta, a California Corporation (“CONSULTANT”).

R E C I T A L S
WHEREAS, CITY is coordinating the route transfer of the Westside Parkway Freeway to the California Department of Transportation (CALTRANS) (the “PROJECT”); and
WHEREAS, CALTRANS has requested that the CITY reassess an environmentally sensitive area within the PROJECT including but not limited to data sampling and reporting; and
WHEREAS, CITY retained CONSULTANT in 2020 via Agreement No. PW20-070 and Agreement No. 2020-237 to perform environmental services on the PROJECT; and
WHEREAS, the term for Agreement No. 2020-237 was mutually extended by the parties over the years, but inadvertently expired in December 30, 2023; and WHEREAS, CITY and CONSULTANT have continued to perform their respective duties and obligations under Agreement No. 2020-237 as though it never expired; and
WHEREAS, the Parties therefore desire to execute this Agreement for CONSULTANT to continue to perform services on an as-needed basis, and to clarify that the period of services provided under this Agreement shall be deemed effective as of January 1, 2024.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONSULTANT must competently and thoroughly complete the tasks as more specifically described in EXBHIT A. CONSULTANT’s services shall ____________________________________________________________________________ DESIGN CONSULTANT AGREEMENT Page 2 of 12
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include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not.

2. COMPENSATION/PAYMENT PROCEDURE. In exchange for performing the Scope of Work and subject to the terms of this section, CITY will pay CONSULTANT as follows (“Compensation”):

2.1 Actual Costs. CITY will reimburse CONSULTANT’s actual costs (including labor costs, employee benefits, overhead, and other direct costs) in an amount not to exceed $151,750.00. Actual costs shall not exceed the estimated wage rates and other costs set forth in Exhibit B.

CITY will pay CONSULTANT within 30 days after CONSULTANT submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONSULTANT for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONSULTANT. In no case will CITY compensate CONSULTANT more than $151,750.00 for performing the Scope of Work.

3. TERM. This Agreement shall be deemed effective as of January 1, 2024, and unless terminated sooner as set forth herein, shall terminate on December 31, 2026.

4. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the CONSULTANT’s performance under this Agreement, CITY may terminate this Agreement after providing CONSULTANT with ten-days written notice.

5. STARTING WORK. CONSULTANT is authorized to perform work effective January 1, 2024.

6. TIME FOR COMPLETION. CONSULTANT must complete all assigned tasks set forth in the Scope of Work no later than June 30, 2026.

7. CONTRACT ADMINISTRATOR.

CITY’s Contract Administrator is:

Paul Archer
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3350
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CONSULTANT’s Project Manager shall be designated as:

Jack Packwood
Group Delta
7338 Sycamore Canyon Blvd #4
Riverside, CA 92508
Telephone: (951) 219-5302
The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and CONSULTANT, respectively.

8. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at CONSULTANT’s sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

9. INDEPENDENT CONTRACTOR. This Agreement calls for CONSULTANT’s performance of the Scope of Work as an independent contractor.

CONSULTANT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONSULTANT other than that of an independent contractor.

10. DIRECTION. CONSULTANT retains the right to control or direct the manner in which the services described herein are performed.

11. EQUIPMENT. CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.

12. KEY PERSONNEL. CONSULTANT shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement.

CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONSULTANT shall not change such personnel without CITY’s written approval.
____________________________________________________________________________ DESIGN CONSULTANT AGREEMENT Page 4 of 12
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13. LICENSES. CONSULTANT shall, at CONSULTANT’s sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for CONSULTANT to practice its profession in the State of California and perform the Scope of Work. CONSULTANT must also ensure that all employees or subcontractors assigned to perform any portion of the Scope of Work are properly licensed.

If CONSULTANT is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONSULTANT is a partnership, at least one partner shall hold the required licensees or professional degrees. CONSULTANT must provide proof that the requirements of this section are met when requested by CITY.

14. CONFLICTS OF INTEREST. CONSULTANT hereby represents that both corporately and individually the firm and its employees and subconsultants:

14.1 Do not have, and will not have, financial interest in either the success or failure of any project which is dependent upon CONSULTANT’s performance of the Scope of Work; and

14.2 Are not currently, and will not be, employed by or under contract to any contractor who may be awarded the contract to construct the Project.

15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

16. ACCEPTANCE OF WORK. CITY’s acceptance of work or payment for work shall not constitute a waiver of any portion or any provision of this Agreement.
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17. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.

18. INSURANCE.

18.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONSULTANT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below (“Basic Insurance Requirements”).

18.1.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1,000,000 per occurrence.

18.1.2 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

18.1.3 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.

The policy must:

18.1.3.1 Provide contractual liability coverage for the terms of this Agreement;

18.1.3.2 Provide products and completed operations
coverage;

18.1.3.3 Provide premises, operations, and mobile
equipment coverage; and

18.1.3.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.

18.1.4 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
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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,
CONSULTANT must submit to CITY the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

By executing this Agreement, CONSULTANT is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

18.2 General Provisions Applying to All Insurance Types.

18.2.1 All policies required of CONSULTANT must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONSULTANT may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

18.2.2 Except for professional liability insurance, all policies required of CONSULTANT must be primary insurance as to
CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
CONSULTANT’s insurance and must not contribute with it. ____________________________________________________________________________ DESIGN CONSULTANT AGREEMENT Page 7 of 12
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18.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.

18.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

18.2.5 Full compensation for all premiums which the CONSULTANT is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiums which may be required by extensions of the
policies of insurance.

18.2.6 It is further understood and agreed by CONSULTANT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONSULTANT in connection with this Agreement.

18.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONSULTANT, and all subcontractors must agree in writing to be bound by the provisions of this section.

19. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from CONSULTANT, and CONSULTANT shall pay on demand, all costs of notification.
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20. INDEMNITY.

20.1 CONSULTANT shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from CONSULTANT’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONSULTANT or CONSULTANT’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.

20.2 To the extent Civil Code Section 2782.8 is applicable to this Agreement, the CONSULTANT shall indemnify, defend and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault.

However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived or modified by contractual agreement, act, or omission of the parties.

21. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. ____________________________________________________________________________ DESIGN CONSULTANT AGREEMENT Page 9 of 12
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22. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties.

Except as otherwise required by law, when informed that information is confidential, CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents CONSULTANT prepares and confidential information given to CONSULTANT under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY’s prior written consent.

23. ACCOUNTING RECORDS. CONSULTANT shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONSULTANT’s office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

25. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

27. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

28. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement ____________________________________________________________________________ DESIGN CONSULTANT AGREEMENT Page 10 of 12
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shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

29. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

30. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

31. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.

32. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

33. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by CONSULTANT shall be prohibited unless authorized by CITY.

34. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).

35. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONSULTANT: Group Delta
7338 Sycamore Canyon Blvd #4
Riverside, CA 92508
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36. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.

37. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.

38. TAX NUMBERS.

CONSULTANT’s Federal Tax ID Number 33-0174114
CONSULTANT 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 Effective Date.
“CITY” “CONSULTANT”

CITY OF BAKERSFIELD GROUP DELTA
By: By:_________________________________
KAREN GOH, Mayor Shah Ghanbari, President
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:

ZACHARY MEYER
Public Works Director
[Signatures on Following Page]
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APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:

ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance:

COUNTERSIGNED:

By:

RANDY MCKEEGAN
Finance Director

Attachments: Exhibits A and B

EXHIBIT A
Previous Task Orders (Agreement No. PW20-070 and 2020-237 Amendments 1 & 2) The previous Task Orders comprised preparation of a Voluntary Cleanup Agreement (VCA) for which approval was obtained from the DTSC. Activities in support of the VCA included document review and preparation of a Historical Document timeline and summary, site walks with the City of Bakersfield and the DTSC, and a Scoping Meeting with a presentation that summarized the previous Phase II Site Investigations and established a plan moving forward. As part of the previous Task Order, Group Delta prepared a Supplemental Site Investigation (SSI) and Human Health Risk Assessment (HHRA) Work Plan (Work Plan), which was submitted to the DTSC on October 28, 2020. The Work Plan specified the collection of shallow soil samples at nine (9) locations within the DTSC project area.

On October 13, 2022, the DTSC issued comments to the Work Plan, requesting additional research and assessment work, including the collection/analysis of soil samples to depths of 12 feet below ground surface (ft bgs) within the DTSC project area. In addition, Caltrans/DTSC requested additional assessment work for areas east of the DTSC project area (within the parcels of land to be transferred to Caltrans).

To address the DTSC comments, on October 27, 2023 the City issued a revised Supplemental Site Investigation and HHRA Assessment Work Plan. DTSC provided comments on May 14, 2024, requesting significantly more borings and sampling depths than previously agreed. A meeting was held onsite with Group Delta, the City, Caltrans, and DTSC on September 11, 2024.

To address the agreed upon scope on September 11, 2024, the City will issue another revised Supplemental Site Investigation and HHRA Assessment Work Plan. Along with the more indepth HHRA discussed in October 2023 Work Plan, this plan will will include the advancement of Fifteen (15) DTSC borings and eight (8) Caltrans borings. Of the DTSC borings, eleven (11) will be advanced to a depth of 12 ft bgs with samples collected at two foot intervals and four (4) will be advanced to a depth of 5 ft bgs with samples collected at 1 foot intervals. Of the Caltrans borings, all will be advanced to 3 ft bgs with samples collected at 0, 1.5, and 3 ft bgs. Group Delta will utilize a direct-push sampling rig and/or hand auger to advance the borings to planned depths and collect the samples. A geophysical survey will be conducted at each boring location to assess for possible underground utilities. All investigative derived waste (soil and rinse water) will be placed in 55-gallon drums. The drummed material will be profiled and transported for offsite disposal. For disposal purposes, Group Delta assumes that the waste will be classified as a non-hazardous waste. The final SSI and HHRA scope of work will be known following DTSC and Caltrans' approval.

Scope of Work:

TASK 1 - PRE-FIELD ACTIVITIES
Task 1.1 Coordination with DTSC, Caltrans, & Meetings. We assume at least one additional meeting with Caltrans, one meeting with DTSC/Caltrans, and two meetings with the City will be necessary.

Task 1.2 Address Reviewer Comments and Revisions to Work Plan, Project Management Plan, Sampling and Analysis Plan, Quality Assurance Plan, and HASP.

Task 1.3 USA Boring Mark-out and Subcontractor coordination Task 1.4 Project Coordination and Management - General project management and administrative hours are needed to facilitate project setup, invoicing, internal management of staff and labor resources, etc. Budget is also included for calls/coordination with the City of Bakersfield.

TASK 2 - SUPPLEMENTAL SITE INVESTIGATION
Task 2.1 Mobilization - this subtask accounts for mobilization to the Site.

Task 2.2 Perform SSI - For the DTSC borings assumes the following. Eleven (11) borings will be advanced to 12 ft bgs with samples collected every two feet for a total of seven (7) primary samples per boring (includes a surface sample). Four (4) borings will be advanced to 5 ft bgs with samples collected every foot for a total of six (6) primary samples per boring (includes a surface sample). All Caltrans borings will be advanced to 3 ft bgs with primary samples collected at 0, 1.5, and 3 ft bgs. All borings will be advanced and sampled with either a direct push rig or hand augers. One duplicate sample will also be collected and analyzed for every 10 primary field samples or fraction thereof. In addition a rinseate and equipment blank will be collected at the end of each day and analyzed. Subtasks include geophysical utility locating, traffic control, drilling, sample collection, laboratory analyses, and waste disposal.

Task 2.3 Travel and Laboratory Pick-Up/Delivery.

TASK 3 - REPORTING AND MEETINGS WITH DTSC/CALTRANS
Task 3.1 Supplemental Site Investigation Report
Task 3.2 Human Health Risk Assessment
Task 3.3. Address Reviewer Comments and Revisions
Task 3.4 Meetings with City of Bakersfield, DTSC and Caltrans - includes multiple meetings and preparation for these meetings TASK 4 - RE-ISSUE INITIAL SITE ASSESSMENT
Task 4.1 Reporting
Task 4.2 Address Caltrans Comments
Task 4.3 Management and project resolution.

EXHIBIT B

TOTAL DIRECT

LABOR LABOR

HOURS COSTS
Task Description
1 Pre-Field Activities 54 $12,670.00
2 Perform SSI 98 $20,910.00
3 Reporting and Meetings 172 $34,850.00
4 ISA 100 $20,250.00

TOTAL LABOR HOURS AND DIRECT LABOR COSTS
TOTAL LABOR HOURS 424
TOTAL DIRECT LABOR COSTS $88,680.00
Overhead 0.00% $0.00
Profit 0.00% $0.00
$88,680.00
Notes:

Other Direct Costs
Total ODC's
1 $725.00
2 $100.00
3 $1,750.00
4 $300.00
5 $1,100.00
6 $0.00
$3,975.00
Subconsultants
Company Total Subs
Millenium $10,808.00
Statewide $0.00
OC Analytical $21,787.00
Spectrum $0.00
EnviroTox $24,000.00
EDR Database Report $2,500.00
$59,095.00
$151,750.00
$72,000.00
$79,750.00
Geophysical Survey
Total Other Direct Costs
Drilling
Traffic Control
Laboratory
Remaining Budget (PW20-070 and 2020-237 Amendments 1 & 2) Total Estimated Cost (requested contract amendment)
Mileage
Postage/Delivery
Per Diem/Lodging
PPE & Supplies

LABOR HOURS AND COSTS

TOTAL LABOR COSTS

SUMMARY
HHRA
Total Subconsultants
Total Estimated Cost (to project completion)
Description
Drum Disposal

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Bakersfield City CouncilMay 28, 2025

Bakersfield City Council
May 28, 2025