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AGREEMENT NO. 13-072 (16)
AMENDMENT NO. 16 TO
AGREEMENT NO. 13-072
This AMENDMENT NO. 16 TO AGREEMENT NO. 13-072 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and THE OPEN DOOR NETWORK , a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on May 1, 2013, the CITY and BHC entered into Agreement No. 13-072 in an amount not to exceed $561,000, wherein BHC, using its own trained labor force, shall manually gather, bag, and pile litter from alongside designated roadways and other designated areas using up to three crews of five (5) people each and one (1) working supervisor and up to one (1)crew of three (3) people each and one (1)working supervisor from BHC on a schedule as determined by CITY; and
WHEREAS, on April 16, 2014, the CITY and BHC entered into Agreement No. 13-072 (1) whereby the contract total compensation amount was increased to an amount not to exceed $690,640 with a termination date of June 30, 2015; and
WHEREAS, on May 21, 2014, the CITY and BHC entered into Agreement No. 13-072(2) whereby the contract total compensation amount was increased to an amount not to exceed $840,640 with a termination date of June 30, 2015; and
WHEREAS, on June 24, 2015, the CITY and BHC entered into Agreement No. 13-072(3) whereby the contract total compensation amount was increased to an amount not to exceed $1,402,228 with a termination date of June 30, 2016; and
WHEREAS, on June 8, 2016, the CITY and BHC entered into Agreement No. 13-072(4) whereby the contract total compensation amount was increased to an amount not to exceed $1,963,816 with a termination date of June 30, 2017; and
WHEREAS, on June 7, 2017, the CITY and BHC entered into Agreement No. 13-072(5) whereby the contract total compensation amount was increased to an amount not to exceed $2,525,404 with a termination date of June 30, 2018; and
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WHEREAS, on June 6, 2018, the CITY and BHC entered into Agreement No. 13-072(6) whereby the contract total compensation amount was increased to an amount not to exceed $3,117,044 with a termination date of June 30, 2019; and
WHEREAS, on June 28, 2019, the CITY and BHC entered into Agreement No. 13-072(7) whereby the contract total compensation amount was increased to an amount not to exceed $3,661,684 with the termination date of June 30, 2020; and
WHEREAS, on June 24, 2020, the CITY and BHC entered into Agreement No. 13-072(8) whereby the contract total compensation amount was increased to an amount not to exceed $4,157,324 with the termination date of June 24, 2021; and
WHEREAS, on March 17, 2021, CITY and BHC entered into Agreement No. 13-072 (9) to increase compensation by Fifty Thousand Dollars ($50,000) for a total compensation not to exceed Four Million Two Hundred and Seven Thousand Three Hundred Twenty-Four Dollars ($4,207,324) and to add a 4th crew; and
WHEREAS, on June 2, 2021, CITY and BHC entered into Agreement No. 13 - 072 (10) to increase compensation by Nine Hundred Fifty Thousand Six Hundred Forty ($957,640) for a total compensation not to exceed Five Million One Hundred Sixty-Four Thousand Nine Hundred and Sixty -Four Dollars ($5,164,964) to add an additional 5th crew and extend the term of the agreement to June 30, 2022; and
WHEREAS, on June 15, 2022, CITY and BHC entered into Agreement No. 13- 072 (11) merging into its sister agency, Alliance Against Family Violence and Sexual Assault, forming a new entity known as The Open Door Network, and increased the compensation for a total compensation not to exceed Five Million One Hundred Sixty -Four Thousand Nine Hundred and Sixty -Four Dollars ($5,164,964), and extended the term of the agreement to June 30, 2023; and
WHEREAS, on October 5, 2022, CITY and The Open Door Network entered into Agreement No. 13-072 (12) to increase compensation by Three Hundred and Thirty Thousand Dollars ($330,000) for a total compensation not to exceed Six Million Forty-Five Thousand Six Hundred and Four Dollars ($6,045,604) to continue highway litter removal services; and
WHEREAS, on December 14, 2022, CITY and The Open Door Network entered into Agreement No. 13 -072 (13) to change the compensation rate starting January 1, 2023, from $26.47 per hour to $26.97 per hour, due to the increase in California minimum wage; and
WHEREAS, on June 28, 2023, CITY and The Open Door Network entered into Agreement No. 13 -072 (14) to increase compensation by Eight Hundred Seven Thousand Six Hundred Forty Dollars ($807,640) for a total compensation not to exceed Six Million Eight Hundred Fifty -Three Thousand Two Hundred Forty -Four Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 -- Page 3 of 5 Pages --
Dollars ($6,853,244) and extend the term of the Agreement to June 30, 2024 to continue highway litter removal services; and
WHEREAS, on June 26, 2024, CITY and The Open Door Network amended Agreement No. 13 -072 to increase compensation by Eight Hundred Thousand Dollars ($ 800,000) for a total compensation not to exceed Seven Million Six Hundred Fifty -Three Thousand Two Hundred Forty -Four Dollars ($7,653,244) and extend the term of the Agreement to June 30, 202 5, to continue highway litter removal services; and
WHEREAS, CITY and The Open Door Network desire to amend Agreement No. 13-072 to increase compensation by Eight Hundred Seven Thousand Dollars ($807,000) for a total compensation not to exceed Eight Million Four Hundred Sixty Thousand Two Hundred Forty-Four Dollars ($8,460,244) and extend the term of the Agreement to December 31, 2025 to continue highway litter removal services.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section No. 2 of Agreement No. 13 -072, entitled “ COMPENSATION” is hereby amended to read as follows:
2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall be payable in accordance with section 3. “Payment Procedure” as stated below but in no event shall exceed Eight Million Four Hundred Sixty Thousand Two Hundred Forty -Four Dollars ($8,460,244) for the life of the contract.
2.1 The compensation set forth in this section shall be the total compensation under the Agreement including but
not limited to all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise
agreed to in writing by the parties. Compensation shall be made on a per crew basis, but crew sizes may vary.
The fee for service will remain based on a $29.00 per hour rate per person through December 31, 2025. Calculating
the hourly rate based on starting at the time the crew
leaves their facility to the time the crew returns to their facility and does not include a 30 -minute lunch break.
Weekly safety training is included as part of the payment period.
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2. Section No. 9 of Agreement No. 13-072, entitled “TERM” is hereby amended to read as follows:
9. TERM. Unless terminated sooner, as set forth herein, this Agreement shall expire on December 31, 2025.
3. Except as amended herein, all other provisions of Agreement No. 13 -072, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 16 to Agreement No. 13-072 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD THE OPEN DOOR NETWORK
By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By: ____________________________
ZACHARY MEYER
Public Works Director
[Signatures on Following Page]
Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 CEO
Lauren [email protected]
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ____________________________
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance: ____________
COUNTERSIGNED:
By: ____________________________
RANDY MCKEEGAN
Finance Director
S:\Public Works\Agrs\24-25\OpenDoorNetwork 13-072(16).docx
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