Minutes — Bakersfield City Council, June 25, 2025 (part 3 of 6)

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following:
a. Coverage under this provision is afforded until the end of the policy period.

2. Each of the following is also an insured:
a. Medical Directors and Administrators Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient.
b. Managers and Supervisors Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and -
employment by you or performing duties
related to the conduct of your business.

This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company.
c. Broadened Named Insured Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
d. Funding Source Any person or organization with respect to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy these premises.

This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled.
f. Managers, Landlords, or Lessors of Premises Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:

This insurance does not apply to:
(1) e a tenant in that premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
g. Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Docusign Envelope ID: 6959D3E6-F824-4A4B-8DBF-6ECF79056F99 PI-GLD-HS (10/11)

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or
aused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.

A
when their contract or agreement with you for such leased equipment ends.

With respect to the insurance afforded to these additional insureds, this insurance does not h. Grantors of Permits Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors
which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
(1) The insurance afforded the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Docusign Envelope ID: 6959D3E6-F824-4A4B-8DBF-6ECF79056F99 PI-GLD-HS (10/11)

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(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or
(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Sub-paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing.
j. Franchisor Any person or organization with respect to their liability as the grantor of a franchise to you.
k. As Required by Contract Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations
l. Owners, Lessees or Contractors Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract.

With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:
(a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

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m. State or Political Subdivisions Any state or political subdivision as required, subject to the following provisions:
(1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract.
(2) This insurance does not apply to:
(a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or
(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard."
M. Duties in the Event of Occurrence, Claim or Suit
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows:
a. is amended to include:

This condition
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation. b. is amended to include:

This condition
is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation.

N. Unintentional Failure To Disclose Hazards
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following:

It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.

O. Transfer of Rights of Recovery Against Others To Us
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Docusign Envelope ID: 6959D3E6-F824-4A4B-8DBF-6ECF79056F99 PI-GLD-HS (10/11)

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Recovery Against Others To Us is deleted in its entirety and replaced by the following:

If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.

Therefore, the i ecovery prior to the occurrence of a
loss, provided the waiver is made in a written contract.

P. Liberalization
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following:

If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.

Q. Bodily Injury Mental Anguish
SECTION V DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following:
njury means:
a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.

R. Personal and Advertising Injury Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of amended as follows:

1. SECTION V DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following:
b. Malicious prosecution or abuse of process;

2. SECTION V DEFINITIONS, Paragraph 14. is amended by adding the following:

Discrimination based on race, color, religion, sex, age or national origin, except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured;
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c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.

The above does not apply to fines or penalties imposed because of discrimination.

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ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent-Agreement TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: June 10, 2025
SUBJECT: Amendment 1 to Agreement No. 2023-244 with Community Action Partnership of Kern (remove the fee schedule and extend term to June 30, 2026) to implement a socioecological model focused on using a public health approach to expand on gun violence reduction efforts RECOMMENDATION:

Staff recommends approval of this Amendment.

BACKGROUND:

In July 2022, the Board of State and Community Corrections’ (BSCC) awarded the City of Bakersfield a multi-year $3,114,625 California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873-22) to implement a Socioecological Model focused on using a public health approach to expand on the City’s gun violence reduction efforts. The City' s CALVIP strategy' s goal includes: (1) reducing violence as measured by homicides and non-fatal injury shootings; (2) promoting opportunity and reducing recidivism for young people at highest risk of violence; and (3) strengthening communitypolice relations, particularly with residents at disproportionately high risk of involvement in violence.

On October 11, 2023, the City entered into Agreement No. 2023-244 with Community Action of Partnership of Kern (CAPK) utilizing CalVIP Cohort 4 funding for an outreach worker who would provide immediate incident response and mediation to prevent retaliation between individuals and groups within the City to help reduce gun violence. BSCC recently extended the end date of the CalVIP Cohort 4 grant, from December 31, 2025, to June 30, 2026. Therefore, the City desires to amend the agreement to modify the scope of work, remove the fee schedule yet maintain the same compensation amount, and extend the term to June 30, 2026.

FISCAL IMPACT:

Funding for this agreement is derived solely from grant funds. The General Fund is not affected.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

Amendment

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 1 of 4 Pages --
AGREEMENT NO. 2023-244(1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 2023-244
This AMENDMENT NO. 1 TO AGREEMENT NO. 2023-244 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and COMMUNITY ACTION PARTNERSHIP OF KERN, a Non-profit Corporation authorized to do business in California (referred to herein as “CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as “Parties” herein.

R E C I T A L S
WHEREAS, in July 2022, the Board of State and Community Corrections’ (BSCC) awarded the City of Bakersfield a multi-year $3,114,625 California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873-22) to implement a Socioecological Model focused on using a public health approach to expand on the City’s gun violence reduction efforts; and
WHEREAS, on October 11, 2023, CITY and CONTRACTOR entered into Agreement No. 2023-244 utilizing CalVIP Cohort 4 funding for an outreach worker who would provide immediate incident response and mediation to prevent retaliation between individuals and groups within the City gun violence reduction strategies (GVRS) training and technical assistance; and WHEREAS, BSCC recently extended the end date of the CalVIP Cohort 4 grant, from December 31, 2025, to June 30, 2026; and
WHEREAS, the Parties now desire to amend Agreement No. 2023-244 in order to modify the scope of work, remove the fee schedule yet maintain the same compensation amount, and extend the term to June 30, 2026.

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

1. Section 1 of Agreement No. 2023-244 entitled “SCOPE OF WORK” is hereby amended to add the following paragraphs:

1.9 Effectively document all program-related activities, including but not limited to contacts, outreach events, etc., within forty-eight (48) Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 2 of 4 Pages --
hours of the completion of that activity in CITY’s dedicated OVIP case management system.

1.10 CONTRACTOR will make at least three (3) contact attempts weekly for all referred individuals and active participants on their caseload.

Contact attempts will consist of a minimum of one (1) text message, one (1) phone call, and one (1) in-person interaction. All newly referred referrals must be contacted within seventy-two (72) hours of assignment.

2. Section 3 of Agreement No. 2023-244 entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:

3. COMPENSATION/PAYMENT PROCEDURE. Compensation for all work, services or products called for under this Agreement shall not exceed TWO HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS ($225,000) and is the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.

3.1 In the event that expenditures submitted for reimbursement to CITY are determined to be ineligible expenses, per the BSCC Grant Administration Guide, CITY is not obligated to pay CONTRACTOR for reimbursement of ineligible expenses.

3.2 CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR' s itemized invoice. Invoices shall be accompanied with source documentation that support contract billings. Time and attendance reports must support hours charged. Travel vouchers detailing the purpose, time, and destination must support travel claims. Purchase orders, invoices, etc., must support operating expense claims. Dual compensation (i.e., payment to a party more than once for the same work) is specifically prohibited.

3. Section 4 of Agreement No. 2023-244 entitled “TERM” is hereby amended to read as follows:

4. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2026, plus the three-year minimum records retention period, required by BSCC guidelines.

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AMENDMENT TO AGREEMENT
Updated – August 15, 2022
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4. Section 10 of Agreement No. 2023-244 entitled “AUDIT REQUIREMENT” is hereby amended to read as follows:

10. AUDIT REQUIREMENT. The CITY, as grantee, is required to provide BSCC with a financial audit no later than June 30, 2026. The audit will be conducted between December 31, 2025, and June 30, 2026.

5. Except as amended herein, all provisions of Agreement No. 2023-244 shall remain in full force and effect.
-- o0o –
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2023-244 to be executed the day and year first above written.
“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD COMMUNITY ACTION PARTNERSHIP

OF KERN
By:____________________________ By:_________________________________

KAREN GOH JEREMY TOBIAS
Mayor CEO
APPROVED AS TO CONTENT:

CITY MANAGER’S OFFICE
By:____________________________

CHRISTIAN CLEGG
City Manager
Additional Signatures on the following page
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AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 4 of 4 Pages --
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________

VIRGINIA GENNARO
City Attorney
Insurance:____________
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
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ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

PHONE FAX
(A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/4/2025
License # 0D44424
(661) 316-5195 (661) 281-4992
18058
Community Action Partnership of Kern
1300 18th St. # 200
Bakersfield, CA 93301
10855
A 1,000,000
PHPK2662179008 3/1/2025 3/1/2026 100,000
5,000
1,000,000
3,000,000
3,000,000
A 1,000,000
PHPK2662179008 3/1/2025 3/1/2026
B
COWC563393 7/31/2024 7/31/2025 1,000,000
1,000,000
1,000,000
Agreement # 2023-244. California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873-22) The City, its mayor, council, officers, agents, employees, and volunteers are an additional insured with respect to General Liability if required or agreed to in a written contract subject to all provisions and limitations of the policy per form # PIGLDHS1011 attached.

City of Bakersfield
1600 Truxtun Ave
Bakersfield, CA 93301
COMMACT03C TRAMIREZ

INSURICA
8500 Stockdale Highway, Suite 200
Bakersfield, CA 93311
Tori Ramirez, CIC, CISR
[email protected]
Philadelphia Indemnity Insurance Company
Cypress Insurance Company
X
X
X
X
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY DELUXE ENDORSEMENT:

HUMAN SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable Limit of Insurance Page #
Extended Property Damage Included 2
Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2
Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3
HIPAA Clarification 4
Medical Payments $20,000 5
Medical Payments Extended Reporting Period 3 years 5
Athletic Activities Amended 5
Supplementary Payments Bail Bonds $5,000 5
Supplementary Payment Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5
Key and Lock Replacement Janitorial Services Client Coverage $10,000 limit 6 Additional Insured Newly Acquired Time Period Amended 6 Additional Insured Medical Directors and Administrators Included 7 Additional Insured Managers and Supervisors (with Fellow Employee Coverage)
Included 7
Additional Insured Broadened Named Insured Included 7
Additional Insured Funding Source Included 7
Additional Insured Home Care Providers Included 7
Additional Insured Managers, Landlords, or Lessors of Premises Included 7 Additional Insured Lessor of Leased Equipment Included 7 Additional Insured Grantor of Permits Included 8
Additional Insured Vendor Included 8
Additional Insured Franchisor Included 9
Additional Insured When Required by Contract Included 9 Additional Insured Owners, Lessees, or Contractors Included 9 Additional Insured State or Political Subdivisions Included 10 Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)

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Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11
Bodily Injury includes Mental Anguish Included 11
Personal and Advertising Injury includes Abuse of Process, Discrimination
Included 11
A. Extended Property Damage

SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a. Expected or Intended Injury
This exclusion does not apply t
reasonable force to protect persons or property.

B. Limited Rental Lease Agreement Contractual Liability SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following:
(3)
named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements.
liability insurance of the client.

C. Non-Owned Watercraft

SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.

D. Damage to Property You Own, Rent or Occupy

SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)

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LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision.

E. Damage to Premises Rented to You

1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the w
a. The last paragraph of SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III LIMITS OF INSURANCE. b. SECTION III LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following:

Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following:

A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";

2. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following:

That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner;

3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:

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Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.

This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.

F. HIPAA

SECTION I COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows:

1. Paragraph 1. Insuring Agreement is amended to include the following:

We will pay those sums that the insured becomes legally obligated to pay as damages because ity and Accountability Act (HIPAA). We have

2. Paragraph 2. Exclusions is amended to include the following additional exclusions:

This insurance does not apply to:
a. Intentional, Willful, or Deliberate Violations
b. Criminal Acts
riminal penalties under the HIPAA.
c. Other Remedies
Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits
Any compliance reviews by the Department of Health and Human Services.

3. SECTION V DEFINITIONS is amended to include the following additional definitions:
a.
b.
c. regulations included in the
HIPAA.

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Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
G. Medical Payments Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:

1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.

2. SECTION I COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the accident.

H. Athletic Activities
SECTION I COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.

I. Supplementary Payments
SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows:

1. b. is deleted in its entirety and replaced by the following:

1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these.

1.d. is deleted in its entirety and replaced by the following:

1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work.

J. Employee Indemnification Defense Coverage
SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS COVERAGES A AND B the following is added:

We will pay
occurring in the course of employment.
proceeding is $25,000 regardl
.

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Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
K. Key and Lock Replacement Janitorial Services Client Coverage SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended to include the following:

W
, up to a $10,000 limit per occurrence and $10,000
policy aggregate.

We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that authorized representatives or any one to
purpose commit, whether acting alone or in collusion with other persons.

The following, when used on this coverage, are defined as follows:
a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means:
(1) Any natural person:
(a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you:
(a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or
(b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean:
(a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or
(b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee."
c. "Manager" means a person serving in a directorial capacity for a limited liability company.

L. Additional Insureds
SECTION II WHO IS AN INSURED is amended as follows:

1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)

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This insurance does not apply to:
(1) e a tenant in that premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
g. Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)

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A
when their contract or agreement with you for such leased equipment ends.

With respect to the insurance afforded to these additional insureds, this insurance does not h. Grantors of Permits Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors
which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
(1) The insurance afforded the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)

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With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

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This condition
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation. b. is amended to include:

This condition
is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation.

N. Unintentional Failure To Disclose Hazards
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following:

O. Transfer of Rights of Recovery Against Others To Us
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Docusign Envelope ID: 62EC916F-771B-4267-965F-ABB604773E9E PI-GLD-HS (10/11)

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Therefore, the i ecovery prior to the occurrence of a
loss, provided the waiver is made in a written contract.

P. Liberalization
SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following:

1. SECTION V DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following:
b. Malicious prosecution or abuse of process;

2. SECTION V DEFINITIONS, Paragraph 14. is amended by adding the following:

Discrimination based on race, color, religion, sex, age or national origin, except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured;
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The above does not apply to fines or penalties imposed because of discrimination.

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ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent-Agreements TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: June 10, 2025
SUBJECT: Amendment No.2 to Agreement 2023-214 with Compassion Christian Center (modify the scope of work, remove fee schedule, and extend the term to December 31, 2025) for intervention, prevention, and mentoring services to educate, motivate, and rehabilitate high-risk individuals of gun violence
RECOMMENDATION:

Staff recommend approval of this Amendment.

BACKGROUND:

On September 13, 2023, the City entered into Agreement 2023-214 with Compassion Christian Center for intervention, prevention, and mentoring services to educate, motivate, and rehabilitate high-risk individuals of gun violence. On June 26, 2024, the City amended Agreement 2023-214 to increase the total compensation by One Hundred Twenty Thousand Dollars ($120,000) for a total compensation amount not to exceed Two Hundred Seventy Thousand Dollars ($270,000) and extend the term to June 30, 2025.

Compassion Christian Center has been a part of the program since its establishment and has played a large role in helping the City reduce gun violence.

In February of 2025, the City of Bakersfield established the Office of Violence Intervention and Prevention (“OVIP”) to formalize the California Violence Intervention and Prevention (“CALVIP”) program efforts, requiring CALVIP to be changed to OVIP. The City desires to continue its partnership with Compassion Christian Center by again amending Agreement 2023-214 to modify the scope of work, remove compensation fee schedule, and extend the term to December 31, 2025.

WHEREAS,
FISCAL IMPACT:

Funding for this agreement is derived solely from grant funds. The General Fund is not affected.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

Amendment

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 1 of 7 Pages --
AGREEMENT NO. 2023-214(2)
AMENDMENT NO. [2] TO
AGREEMENT NO. 2023-214
This AMENDMENT NO. 2 TO AGREEMENT NO. 2023-214 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and COMPASSION CHRISTIAN CENTER, a non-profit organization, authorized to do business in California (referred to herein as “CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as “Parties” herein.

R E C I T A L S
WHEREAS, on September 13, 2023, CITY and CONTRACTOR entered into Agreement No. 2023-214 for intervention, prevention, and mentoring services to educate, motivate, and rehabilitate high-risk individuals of gun violence; and WHEREAS, on June 26, 2024, CITY and CONTRACTOR entered into Agreement No. 2023-214(1) to increase the total compensation by One Hundred Twenty Thousand Dollars ($120,000) for a total compensation amount not to exceed Two Hundred Seventy Thousand Dollars ($270,000) and extend the term to June 30, 2025; and
WHEREAS, Parties desire to again amend Agreement No. 2023-214 to modify the scope of work, remove compensation fee schedule, and extend the term to December 31, 2025; and
WHEREAS, in February of 2025, CITY established the Office of Violence Intervention and Prevention (“OVIP”) to formalize the California Violence Intervention and Prevention (“CALVIP”) program efforts, requiring CALVIP to be changed to OVIP.

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

1. Section 1 of Agreement No. 2023-214 entitled “SCOPE OF WORK” is hereby amended to read as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following (“Scope of Work”) under the direction of CITY’s OVIP program management and technical assistance teams:

Docusign Envelope ID: 27BD550D-25AB-413A-B515-705CBF36D671

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 2 of 7 Pages --

1.1 Develop and implement a supportive pathway that: (1) begins with an intensive focus on safety and relationship building; (2) evolves into a blend of life coaching and intensive case management; (3) transitions to participation in a cognitivebehavioral theory-based (CBT) life skills curriculum that draws on a structured community of support; and, (4) provides ongoing support and opportunities such as volunteer activities, recreational and cultural events.

1.2 Actively assist and support the direct respectful
communication of an evidence-based "risk and opportunity" message, including; (1) messaging consistent with the
principles of procedural justice; that is, to be respectful, to give voice, be based on data and not on bias, and to reflect the CITY's commitment to participants' well-being: (2) ensuring an inviting, seamless transition to services; and doing so in a way that is consistent with evidence-based research on "credible messengers" (specially trained adults with relevant life experiences who share their background).

1.3 Build strong client relationships through consistent and frequent high-quality contacts and activities:

1.3.1 Maintain small caseloads to enable staff to provide intensive, high-quality services.

1.3.2 Paragraph has been repealed.

1.3.3 Attend and participate in the following mandatory meetings to ensure quality casework:

1.3.3.1 Two (2) in-person monthly case review meetings
coordinated by the OVIP outreach supervisor,
that provide life coaches with the assistance and
supervision needed to maintain quality case work
including factors such as the frequency and
intensity of support, caseload risk-profile, and
reduction of violence-related risk factors.

1.3.3.2 One (1) weekly focused case management
meeting that blends problem-solving, group
learning, and training in skills essential to
intervention and life coaching. Both meetings
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AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 3 of 7 Pages --
are rooted in cognitive behavioral theory as it is
incorporated into the life skills curriculum and is
to be supplemented by a performance
management dashboard that maps where
clients are in terms of housing, financial,
employment and family life progress.

1.3.3.3 One (1) gun violence reduction safety weekly
coordination meeting to actively support an
intensive partnership-based management cycle
that: (a) reviews every serious shooting to quickly
identify people at highest risk of violence; (b)
generates an action plan specifically tailored to
reduce the risk to them and the community; (c)
successfully engages them in services; and (d)
monitors follow-through for quality and
timeliness.

If CONTRACTOR will be absent from any of the above
mandatory meeting(s), CITY shall be notified at least two (2) hours before that meeting.

1.3.4 CONTRACTOR will make at least three (3) contact
attempts weekly for all referred individuals and active participants on their caseload. Contact attempts will
consist of a minimum of one (1) text message, one (1)
phone call, and one (1) in-person interaction. All newly referred referrals must be contacted within seventy-two (72) hours of assignment.

1.4 Fully participate in and actively support the evidence-based core life skills curriculum. Life coaching and case management will be supplemented by a life skills curriculum that focuses on:
(1) making informed and constructive decisions related to: (i) the risk of violence and incarceration; and (ii) longer-term goals such as education and employment; (2) developing a new sense of identity and purpose compatible with the young men's roles as valued community members; (3) understanding and overcoming trauma and pain; and (4) financial literacy as a foundation for self-sufficiency and personal efficacy.

1.5 Paragraph has been repealed.

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AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 4 of 7 Pages --

1.6 Provide program clients with intensive case management, including daily client contact and coaching as well as support and linkages to programs and opportunities in the community (e.g., job programs, health and social services, GED, drug treatment, and mentoring).

1.7 Assist in mediating situations and preventing retaliation between individuals and groups (e.g., working with community outreach programs and local law enforcement) as follows:

1.7.1 Conduct at least fifty (50) safety meetings. Safety meetings are small meetings including 1-3 members of
the ceasefire partnership – typically a police leader, a community leader and/or a “credible messenger” – and
an individual at imminent risk of violence. CONTRACTOR
will follow the safety meetings process outlined by CITY.

1.7.2 Conduct at least five (5) call-ins focused on influencing individual behavior when they reflect the principles of procedural justice. CONTRACTOR will follow the call-ins outlined by CITY.

1.8 Paragraph has been repealed.

1.9 Provide timely, comprehensive, detailed program reporting and documentation as directed by CITY, including but not limited to data required by CITY to maintain its’ program performance metrics, track key program activity, outcome indicators and support program management and supervision through case reviews, coordination meetings, and “group strategy” process.

1.9.1 Document all work, including shootings and other acts of violence prevented, case notes, referrals, and
changes in participants’ status as directed by CITY.

Document case management efforts, update
individual case files, and make all required entries into CITY’s case management database.

1.9.2 Effectively document all program-related activities, including but not limited to contacts, outreach events, etc., within forty-eight (48) hours of the completion of that activity in CITY’s dedicated OVIP case
management system.

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AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 5 of 7 Pages --

1.10 Build a strong resource network within the community to utilize resources to impact client lives as it relates to the outcomes of the program.

1.11 Provide timely, comprehensive, and detailed financial reporting and documentation as required by CITY’s policies and procedures which include:

1.11.1 Fiscal and related expense reporting and
documentation requirements as required by CITY for:
(a) auditing purposes; and (b) for program
management, particularly as it applies to selfsufficiency as it relates to all costs related to program.

1.11.2 Detailed incentive tracking, mileage reporting, and other receipts must be included with invoices.

Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.

2. Section 2 of Agreement No. 2023-214 entitled “COMPENSATION/ PAYMENT PROCEDURE” is hereby amended to read as follows:

2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"):
(1) A total, lump sum payment of THIRTY-FIVE THOUSAND DOLLARS ($35,000) for program management and data collection after the execution of this Agreement.
(2) TWO HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($235,000) will be paid on a reimbursement basis after the Scope of Work is completed to CITY’s satisfaction.

CONTRACTOR shall ensure CITY’s approval of any client-focused services and incentives before expenses are made. CITY is not liable for any expenses made for client-focused services and incentives that were not approved by CITY.

CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work Docusign Envelope ID: 27BD550D-25AB-413A-B515-705CBF36D671

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 6 of 7 Pages --
completed and that invoice is approved by CITY. The compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than TWO HUNDRED SEVENTY THOUSAND DOLLARS ($270,000) for performing the Scope of Work.

3. Section 3 of Agreement No. 2023-214 entitled “TERM” is hereby amended to read as follows:

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2025.

4. OVIP shall replace CALVIP in all areas mentioned within Agreement No. 2024-004.

5. Except as amended herein, all provisions of Agreement No. 2023-214 shall remain in full force and effect.
-- o0o --
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2023-214 to be executed the day and year first above written.
“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD COMPASSION CHRISTIAN CENTER
By:____________________________ By:________________________________ KAREN GOH MARISA L. BANKS
Vice Mayor CEO
APPROVED AS TO CONTENT:

CITY MANAGER’S OFFICE
By: ____________________________

CHRISTIAN CLEGG
City Manager
(Additional Signatures on following page)
Docusign Envelope ID: 27BD550D-25AB-413A-B515-705CBF36D671

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 7 of 7 Pages --
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By: ____________________________

VIRGINIA GENNARO
City Attorney
Insurance: _________
COUNTERSIGNED:

By: ____________________________

RANDY MCKEEGAN
Finance Director
VG/blf
S:\Manager\Agrs\24-25\Amendment 2 To Agreement 2023-214 CCC.docx Docusign Envelope ID: 27BD550D-25AB-413A-B515-705CBF36D671 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/6/2025
License # 0E77991
13528
Compassion Christian Center
1030 4th St
Bakersfield, CA 93304
A 2,000,000
X X 04MRA0501308 7/9/2025 7/9/2026 1,000,000
10,000
2,000,000
12,000,000
12,000,000
A 1,000,000
04ARA0501385 7/9/2025 7/9/2026
A 1,000,000
04MRA0501308 7/9/2025 7/9/2026 1,000,000
A
X 04WRA0501134 7/9/2025 7/9/2026 1,000,000
1,000,000
1,000,000
RE: CAL VIP Grant Program
City of Bakersfield, its mayor, officers, agents, and employees are to be named as additional insured. Waiver of subrogation applies to work comp.

Endorsements attached.

City of Bakersfield
1600 Truxton Ave.

Bakersfield, CA 93301
COMPCHR-01 EVANL
ChurchWest Insurance Services (ACG)
201 Cajon Street
Redlands, CA 92373
Evan La Canfora
[email protected]
Brotherhood Mutual Insurance
X
X
X
X
X
X
X
Docusign Envelope ID: 27BD550D-25AB-413A-B515-705CBF36D671 Docusign Envelope ID: 27BD550D-25AB-413A-B515-705CBF36D671 Docusign Envelope ID: 27BD550D-25AB-413A-B515-705CBF36D671 Docusign Envelope ID: 27BD550D-25AB-413A-B515-705CBF36D671 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2.000000 % of the California workers compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description

CITY OF BAKERSFIELD, ITS

MAYOR, OFFICERS, AGENTS, AND
EMPLOYEES 1600 TRUXTON AVE
BAKERSFIELD, CA 93301 3/30/21 -
7/09/21

GRANT PROGRAM
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 07/09/2025 Policy No. 04WRA0501134 Endorsement No.

Insured Compassion Christian Center Insurance Company Brotherhood Mutual Ins. Co.

Countersigned by
Docusign Envelope ID: 27BD550D-25AB-413A-B515-705CBF36D671

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent-Agreements TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: June 9, 2025
SUBJECT: Amendment No.1 to Agreement 2024-137 with National Institute for Criminal Justice Reform (extend term to December 31, 2025) to implement a socioecological model focused on using a public health approach to expand on the gun violence reduction efforts RECOMMENDATION:

Staff recommend approval of the Amendment.

BACKGROUND:

The City' s CalVIP strategy' s goal includes: (1) reducing violence as measured by homicides and non- fatal injury shootings; (2) promoting opportunity and reducing recidivism for young people at the highest risk of violence; and (3) strengthening community- police relations, particularly with residents at disproportionately high risk of involvement in violence. National Institute for Criminal Justice Reform (NICJR) is experienced, well qualified and a specialist in the field of gun violence reduction strategy trainings, and technical assistance. On June 12, 2024, the City entered into Agreement No. 2024-137 with the National Institute for Criminal Justice Reform utilizing CalVIP Cohort 4 funding for gun violence reduction strategies (GVRS) training and technical assistance.

BSCC recently extended the end date of the CalVIP Cohort 4 grant by six (6) months. Therefore, the City desires to amend the agreement to extend the term to December 31, 2025.

FISCAL IMPACT:

Funding for this agreement is derived solely from grant funds. The General Fund is not affected.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

Amendment

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 1 of 3 Pages --
AGREEMENT NO. 2024-137(1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 2024-137
This AMENDMENT NO. 1 TO AGREEMENT NO. 2024-137 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and NATIONAL INSTITUTE FOR CRIMINAL JUSTICE REFORM, a Non-profit Corporation authorized to do business in California (referred to herein as “CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as “Parties” herein.

R E C I T A L S
WHEREAS, in July 2022, the Board of State and Community Corrections’ (BSCC) awarded the City of Bakersfield a multi-year $3,114,625 California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873-22) to implement a Socioecological Model focused on using a public health approach to expand on the City’s gun violence reduction efforts; and
WHEREAS, on June 12, 2024, CITY and CONTRACTOR entered into Agreement No. 2024-137 utilizing CalVIP Cohort 4 funding for gun violence reduction strategies (GVRS) training and technical assistance; and WHEREAS, BSCC recently extended the end date of the CalVIP Cohort 4 grant, from December 31, 2025, to June 30, 2026; and
WHEREAS, the Parties now desire to amend Agreement No. 2024-137 to extend the term to December 31, 2025.

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

1. Section 3 of Agreement No. 2024-137 entitled “TERM” is hereby amended to read as follows:

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2025.

Docusign Envelope ID: ADF3489E-07C4-4241-98A7-B9DCC7F5292E

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 2 of 3 Pages --

2. Except as amended herein, all provisions of Agreement No. 2024-137 shall remain in full force and effect.
-- o0o –
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024-137 to be executed the day and year first above written.
“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD NATIONAL INSTITUTE FOR CRIMINAL

JUSTICE REFORM
By:____________________________ By:_________________________________

KAREN GOH DAVID MUHAMMED
Mayor Executive Director
APPROVED AS TO CONTENT:

CITY MANAGER’S OFFICE
By:____________________________

CHRISTIAN CLEGG
City Manager
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________

VIRGINIA GENNARO
City Attorney
Insurance:____________
(Additional Signatures on following page)
Docusign Envelope ID: ADF3489E-07C4-4241-98A7-B9DCC7F5292E

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 3 of 3 Pages --
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: ADF3489E-07C4-4241-98A7-B9DCC7F5292E 05/29/2025
Fidelity Insurance Service
a member of United Valley
801 Allston Way
Berkeley CA 94710
Aliyyah Harvey
(510) 548-8200 (510) 548-6145
[email protected]
National Institute for Criminal Justice Reform
PO Box 3817
Oakland CA
NIAC 99998
CL2451022482
A
Improper Sexual Conduct (ISC)
Y 202469531 06/18/2024 06/18/2025
1,000,000
500,000
20,000
1,000,000
3,000,000
3,000,000
ISC Occ and Agg 1,000,000
A 202469531 06/18/2024 06/18/2025
1,000,000
A 2024-69531UMB 06/18/2024 06/18/2025
2,000,000
2,000,000
A
Prof. Liability
202469531 06/18/2024 06/18/2025 Occurrence $ 1,000,000
Policy Limit $ 2,000,000
The city of Bakersfield, its mayor, council, officers, agents, employees, and volunteers are additional insured in regards to the operations of the insured on a primary and non-contributory basis when required by written contract per the attached endorsement. A 30-day notice of cancellation shall be provided except in the instance of non-payment of premium (10 days).

City of Bekersfield: Office of Risk Mangement
1600 Truxtun Ave
Bakersfield CA 93301

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Docusign Envelope ID: ADF3489E-07C4-4241-98A7-B9DCC7F5292E 05/28/2025
Marsh Affinity
a division of Marsh USA LLC.

PO BOX 14404
Des Moines, IA 50306-9686
Marsh Affinity
800-743-8130
[email protected]
AIU Insurance Company 19399
A
N 07/01/2024 07/01/2025
2,000,000
2,000,000
2,000,000
ADP TotalSource DE IV, Inc.
5800 Windward Parkway
Alpharetta, GA 30005
L/C/F:

The National Institute for Criminal Justice Reform
4900 Shattuck Ave Unit 3817
Oakland, CA 94609
WC 088415509 CA
All worksite employees working for The National Institute for Criminal Justice Reform paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy. Proprietor/Partner/Executive Officer/Member are not excluded as long as they are in the ADPTS payroll or have completed the SEI Participation Addendum.

City of Bakersfield
ATTN: Office of Risk Management
1600 Truxtun Ane
Bakersfield, CA 93301
X
Docusign Envelope ID: ADF3489E-07C4-4241-98A7-B9DCC7F5292E 05/28/2025
Marsh Affinity
a division of Marsh USA LLC.

PO BOX 14404
Des Moines, IA 50306-9686
Marsh Affinity
800-743-8130
[email protected]
AIU Insurance Company 19399
A
N 07/01/2025 07/01/2026
2,000,000
2,000,000
2,000,000
ADP TotalSource DE IV, Inc.
5800 Windward Parkway
Alpharetta, GA 30005
L/C/F:

The National Institute for Criminal Justice Reform
4900 Shattuck Ave Unit 3817
Oakland, CA 94609
WC 063534342 CA
All worksite employees working for The National Institute for Criminal Justice Reform paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy. Proprietor/Partner/Executive Officer/Member are not excluded as long as they are in the ADPTS payroll or have completed the SEI Participation Addendum.

City of Bakersfield
ATTN: Office of Risk Management
1600 Truxtun Ane
Bakersfield, CA 93301
X
Docusign Envelope ID: ADF3489E-07C4-4241-98A7-B9DCC7F5292E

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: May 20, 2025
SUBJECT: Amendment 5 to Agreement No. 2022-183 with Critters without Litters, Inc. (increase compensation $220,000, revised not to exceed $830,000, and extend term to June 30, 2026) to provide for cat spay, neuter, and vaccination services for the City's Community Cat Program.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND: During FY 2022, Critters Without Litters (CWOL) contracted with the City to implement the City's first pilot Community Cat program. At the time, the City's Animal Care Center did not have an on-site veterinarian that can provide these services. The program showed success in reducing the City’s feral cat population. As a result, a Request for Proposals to continue the program was issued and responses were due July 29, 2022. CWOL was the only responsive bidder. CWOL is a local nonprofit 501c (3) organization that provides high-volume, high-quality, subsidized companion animal sterilization and seeks to end the preventable euthanasia of healthy, adoptable pets in Kern County. Critters Without Litters aims to directly address the issue through high-volume, low cost spays and neuter services with the aim of reducing the number of companion animals entering shelters.

On August 31, 2022, the City of Bakersfield entered into Agreement No. 2022-183 with CWOL for an amount not to exceed $180,000 and a term date of June 30, 2023, to provide for cat spay, neuter, and vaccination services for the City's Community Cat Program.

On June 28, 2023, City entered into Amendment 1 to Agreement No. 2022-183 with CWOL and increased compensation by $30,000 for a new total not to exceed $210,000 and a term date of June 30, 2024, to continue spay and neuter, and vaccination services
On August 9, 2023, Amendment 1 to Agreement No. 2022-183 added an insufficient amount of funds to cover the full year of expenses related to the spay and neuter program. Due to the insufficient funding approved in the previous amendment, the City entered into Amendment 2 to Agreement No. 2022-183 and increased the compensation by $180,000 for a total not to exceed amount of $390,000 and new term date of June 30, 2024.

On June 26, 2024, City entered into Amendment 3 to Agreement No. 2022-183 with CWOL and increased compensation by $220,000 for a total not to exceed amount of $610,000.

Due to an inadvertent error On July 24, 2024, the city entered in the fourth amendment to extend the term of the agreement to June 30, 2025, to continue spay and neuter services.

The City now desires to amend Agreement No. 2022-183 for a fifth time to increase compensation by $220,000 for new not to exceed amount of $830,000 and extend the term of the agreement to June 30, 2026, to continue spay and neuter services.

FISCAL IMPACT:

Funding for this program has been budgeted into the Bakersfield Police Department's Fiscal Year 2025- 26 budget and will not require an additional appropriation.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

Signed Agreement

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: June 12, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2025-052
(extend term to July 31, 2025) to provide targeted outreach services to homeless individuals through the Community Connectors Pilot Project RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The City is committed to addressing and reducing homelessness within the community through focused outreach efforts to engage individuals on the streets and assist them with accessing critical resources.

On November 5, 2024, the City entered into Agreement No. ED24-054 with The Open Door Network to provide targeted outreach services to homeless individuals and families through the Community Connectors pilot program.

On February 3, 2025, Agreement No. ED24-054 was amended to extend the term to March 1, 2025, to allow for additional time to perform the Scope of Work.

On March 26, 2025, Agreement No. ED24-054 was amended to Agreement No. 2025-052 to increase compensation by $95,000 for a total to not exceed $195,000 and extend the term of the Agreement to June 30, 2025.

The City now desires to extend the term of the agreement to July 31, 2025, to allow additional time to perform the Scope of Work.

FISCAL IMPACT:

No Fiscal Impact
COUNCIL GOAL:

Safety and Resilience
ATTACHMENT:

Amendment

Page 1 ends

AGREEMENT NO. ________________
AMENDMENT NO. [1] TO
AGREEMENT NO. 2025-052
This AMENDMENT NO. 1 TO AGREEMENT NO. 2025-052 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 non-profit corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on November 5, 2024, CITY and CONTRACTOR entered into Agreement No. ED24-054 to provide targeted outreach services to homeless individuals through the Community Connectors pilot program; and WHEREAS, on February 3, 2025, CITY approved Amendment No. 1 to Agreement No. ED24-054 to extend the term from February 1, 2025, to March 1, 2025; and
WHEREAS, on March 26, 2025, CITY approved Agreement No. 2025-052 (previously Agreement No. ED24-054(1)) to increase compensation by NINETYFIVE THOUSAND DOLLARS ($95,000) for a revised compensation amount NOT TO EXCEED ONE HUNDRED NINETY-FIVE THOUSAND DOLLARS ($195,000) and extend the term to June 30, 2025, and
WHEREAS, CITY acknowledges that addressing homelessness in the community requires ongoing outreach efforts to engage individuals living on the streets and assist them with accessing critical resources and transitioning into safer environments; and
WHEREAS, CITY requires additional outreach, case management, and other supportive services for individuals experiencing homelessness; and WHEREAS, the parties now desire to amend Agreement No. 2025-052 to extend the Term to July 31, 2025 to ensure full expenditure of PSVS funds.

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

1. Section 3 of Agreement No. ED24-054 entitled “Term” is hereby amended to read as follows:

Page 2 ends

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on July 31, 2025.

4. Except as amended herein, all provisions of Agreement No. 2025- 052 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2025-052 to be executed the day and year first above written.
“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD THE OPEN DOOR NETWORK
By:____________________________ By:_________________________________

KAREN GOH LAUREN SKIDMORE
Mayor Chief Executive Officer
APPROVED AS TO CONTENT:

ECONOMIC AND COMMUNITY DEVELOPMENT

DEPARTMENT
By:____________________________
JENNIFER M. BYERS
Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________

VIRGINIA GENNARO
City Attorney
Insurance: ____________
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
VG/blf
S:\Economic&CommunityDevelop\Agr\24-25\Amend1 to Agreement 2025-052_Community Connectors.doc

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 13, 2025
SUBJECT: Amendment No. 2 to Agreement No. PW20-150
with the Department of Toxic Substances Control ($28,637; revised not to exceed $160,262) to provide additional environmental sampling and assessment for a portion of land within the Westside Parkway right-of-way (Wards 3 & 4) RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

Construction of the Westside Parkway includes a stormwater detention area between Coffee Road and Mohawk Avenue, where residuals of polynuclear aromatic hydrocarbons (PAHs) were once stored at the former ConocoPhillips Petroleum Coke Storage. On October 7, 2020, the Department of Toxic Substances Control (DTSC) and the City entered into Agreement PW20-150 for $32,906 to set parameters for initial testing and evaluation of the site. On February 2, 2022, the agreement was amended to add sufficient funding for additional sampling and testing is required along with the development of an Operations Manual that will be used to identify protective measures for maintenance workers when performing work within this section of the freeway. This is an important step before officially transferring the property from the City to Caltrans State Highway System for long-term operation and maintenance.

In Spring of 2025, the City’s consultant performed sampling and testing as required by DTSC. The findings were not significant and DTSC will proceed with reviewing the Human Health Risk Assessment and drafting deed restrictions and Land Use Covenants of the property. This amendment provides funds for DTSC’s to perform these additional tasks which were not included in the original agreement.

FISCAL IMPACT:

Sufficient local Transportation Development Funds are budgeted in the Westside Parkway Route Adoption project to fund this amendment. Therefore, no impact to the General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Westside Parkway DTSC SVA Amendment 2 Revised 06042025
1 STATE OF CALIFORNIA

ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TOXIC SUBSTANCES CONTROL
In the Matter of:

Westside Parkway/Conoco Phillips Coke
Westside Parkway and Cross Valley
Canal Realignment Project; Freeway
Construction
Bakersfield, California 93301
Proponent:

City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Docket No. HWCA-FY20/21-001
Second Amendment to Standard
Voluntary Agreement
Health and Safety Code
Section 79055(a)(1)(C)
I. INTRODUCTION

1.1 Purpose. The purpose of this Second Amendment to the Standard Voluntary Agreement (SVA), Docket Number HWCA FY20/21-001, is to amend the Scope of Work (Exhibit C). This Amendment applies to the SVA between the City of Bakersfield (Proponent) and the Department of Toxic Substances Control (DTSC) fully executed on November 10, 2020 (Exhibit F) and first amended on March 8, 2022 (Exhibit G).

This Agreement applies to the Site located at Westside Parkway Freeway Construction (Phase 2) and Cross Valley Canal Realignment Project, in Kern County, California 93308 (Site), identified by Kern County Assessor's Parcel Number (APN) 502- 010-44, the former ConocoPhillips Petroleum Coke Storage Site located within a portion of APN 502-010-52 (formerly 502-010-12), and any off-site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 30.73 acres in size and is bordered by the Alon Bakersfield Refinery to the north, APN 331- 021-02, and the Cross-Valley Canal (CVC) to the east, the CVC, and Kern River to the south, and the Friant Kern Canal to the west. A Site Location Map and a Site Diagram are attached as Exhibits A and B.

1.2 Amendment. This amendment is in accordance with Paragraph 17 of the Standard Voluntary Agreement. A Cost Estimate and Calendar of Tasks and Schedule are attached as Exhibits D and E.

1.3 Effective Date. The effective date of this Amendment to the Agreement is the date when this Amendment is fully executed.
2 1.4 Representative Authority. Each undersigned representative of the parties to this Amendment to the Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the parties to this Agreement.

1.5 Counterparts. This Amendment may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
________________________________ Date: __________________________ Steven Becker, P.G., Chief
Santa Susana Field Laboratory Branch Site
Mitigation and Restoration Program
Department of Toxic Substances Control

CITY OF BAKERSFIELD
By:_______________________________

KAREN GOH
Mayor
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:___________________________

ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance:____________
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:___________________________

ZACHARY MEYER
Public Works Director
COUNTERSIGNED:

By:___________________________

RANDY MCKEEGAN
Finance Director
3 4

LIST OF EXHIBITS

SECOND AMENDMENT TO STANDARD VOLUNTARY AGREEMENT
HWCA-FY20/21-001
EXHIBIT A: SITE LOCATION MAP
EXHIBIT B: SITE DIAGRAM
EXHIBIT C: SCOPE OF WORK
EXHIBIT D: COST ESTIMATE
EXHIBIT E: CALENDAR OF TASKS AND SCHEDULE
EXHIBIT F: STANDARD VOLUNTARY AGREEMENT EFFECTIVE NOVEMBER 10, 2020
EXHIBIT G: STANDARD VOLUNTARY AGREEMENT (AMENDMENT 1) EFFECTIVE MARCH 8, 2022
5 EXHIBIT A

SITE LOCATION MAP
Westside Parkway/Conoco Phillips Coke
6 EXHIBIT B

SITE DIAGRAM
Westside Parkway/Conoco Phillips Coke
7 EXHIBIT C

SCOPE OF WORK
The following tasks will be completed as part of this Agreement:

TASK [1] Human Health Risk Assessment (HHRA)
Proponent will conduct a risk evaluation consistent with U.S. EPA Risk Assessment Guidance for Superfund (available at https://www.epa.gov/risk/superfund-riskassessment-human-health-topics) and the most current version of the applicable DTSC guidance documents (available at
http://www.dtsc.ca.gov/AssessingRisk/humanrisk2.cfm). This evaluation must identify chemicals of concern and potential routes of exposure; characterize the potential risk and/or non-cancer hazard; evaluate potential threats to environmental receptors; consider existing and contemplated uses of the site; and identify site cleanup goals, if necessary.

TASK [2] Deed Restrictions and Land Use Covenants (LUC) The parties agree that deed restrictions or land use restrictions pursuant to California Code of Regulations, title 22, section 67391.1 may be necessary to ensure full protection of the environment and human health. DTSC may require such a LUC in a DTSC-approved remedy based on a RAW, RAP, PEA, or other decision document. If Proponent is the owner of the Site, Proponent agrees to record the LUC as approved by DTSC within 10 days of receipt of a fully executed original.

If the Proponent is not the owner of the Site and a LUC is required, Proponent will work with the owner to provide DTSC with written confirmation that the owner will cooperate in implementing the DTSC-approved remedy, which may include a LUC. The Proponent must provide DTSC with the owner’s written confirmation prior to the date the draft decision document is to be circulated for public notice and comment. If the Proponent is unable to provide DTSC with written confirmation from the owner, a LUC may not be executed for the Site and the proposed remedy will be reevaluated. 8 EXHIBIT D

COST ESTIMATE
Task VCP Coord.

Project
Manager Supervisor Toxicology Geology
Industrial
Hygienist Engineering
Office
Assistant Staff Counsel
2025 Hourly Rate/Class $256 $222 $390 $301 $333 $256 $331 $131 $438 SVA Amendment 2 Preparation,Negotiation and issuance 4 4 2 2 4 HHRA Report 8 2 12 12 2Project Management 8 2
Deed Restriction 8 2 2 12
TOTAL HOURS/CLASS 12 20 8 12 12 0 0 6 16
TOTAL COST/CLASS $3,072 $4,440 $3,120 $3,612 $3,996 $0 $0 $786 $7,008 Subtotal for Future Work $26,034
Contingency (10%) $2,603
SVA GRAND TOTAL $28,637
Exhibit D
Cost Estimate ‐ Westside Parkway, City of Bakersfield 102181 9 EXHIBIT E

CALENDAR OF TASKS AND SCHEDULE
Activity Duration Anticipated
Completion Date
Fully Execute Second
Amendment to SVA 2 weeks to 12 months 04/21/2025
HHRA and Submit Reports 6 weeks following approval
of Work Plan (03/17/2025) 04/28/2025
DTSC Completes HHRA Report
Review
Within 100 days following
submittal of HHRA Reports 09/17/2025
Deed Restrictions and Land Use
Covenants
180 days following approval
of final HHRA Report 03/16/2026
10 EXHIBIT F
STANDARD VOLUNTARY AGREEMENT EFFECTIVE NOVEMBER 10, 2020 In the Matter of
Westside
Parkway/Conoco
Phillips Coke
Proponent:

City of
Bakersfield
1600 Truxtun
Avenue
Bakersfield,
California 93301
CITY OF BAKERSFIELD·
STATE OF CALIFORNIA ENVIRONMENTAL Agreement No. PWZ0-150 PROTECTION AGENCY Approved 10/0'l /2020

DEPARTMENT OF TOXIC SUBSTANCES CONTROL
Docket No. HWCA-FY20/21-001
Standard Voluntary Agreement
Health and Safety Code
Section "25355.5(a)(1 )(C)"
The California Department of Toxic Substances Control (DTSC) and City of Bakersfield (Proponent) enter into this Standard Voluntary Agreement (Agreement) and agree as follows:
_1. Site. This Agreement applies to the Site located at Westside Parkway Freeway Construction (Phase 2) and Cross Valley Canal Realignment Project in Kern County, California 93308 (Site), identified by Kern County Assessor's Parcel Number(s) 502-010-44, the former ConocoPhillips Petroleum Coke Storage Site located within APN 502-010-12 and any off-site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 30.73 acres in size and is bordered by the Alon Bakersfield Refinery to the north, APN 331-021-02 and the Cross-Valley Canal (CVC) to the east, the CVC and Kern River to the south, and the Friant Kern Canal to the west. Site location map and a Site diagram are attached as Exhibits A and B.

2. Jurisdiction. This Agreement is entered into by DTSC and Proponent pursuant to Health and Safety Code section 25355.5(a)(1)(C), which authorizes DTSC to enter into an enforceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at or from the Site.
1 3. Purpose. The purpose of this Agreement is for Proponent to investigate, remediate, and/or evaluate a release, a threatened release, or a potential release of any hazardous substance at or from the Site under the oversight of DTSC. The purpose of this Agreement is also for DTSC to obtain reimbursement from Proponent for DTSC's · oversight costs incurred pursuant to this Agreement.

4. Ownership and Notification.

4.1. The Site is owned by the City of Bakersfield.

4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with the following: ( a) proof of the identity of all current record owners of fee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and (c) an acknowledgment of the receipt of the notice required in subparagraph (b) from the property owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so.

4.3. Proponent shall notify DTSC of any changes in ownership of the Site subsequent to the Effective Date of this Agreement and provide written evidence that Proponent notified the new owner(s) of record of the actions completed or proposed by Proponent under this Agreement.

5. Substances Found at the Site. Based on the information available to DTSC and Proponent, the Site is or may be contaminated with hazardous substances, including Polynuclear Aromatic Hydrocarbons (PAHs).

6. Scope of Work and DTSC Oversight. DTSC shaU review and provide Proponent with written comments on all Proponent's deliverables as described in Exhibit C (Scope of Work)' and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement.

Proponent shall perform the work in accordance with applicable local, state and federal statutes, regulations, ordinances, rules and guidance documents, in particular, Health and Safety Code section 25300 et seq., as amended.
2 7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 17 of this Agreement.

If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent.

8. Endangerment During Implementation.

8.1 Proponent shall notify DTSC's Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of such a condition, Proponent shall furnish a report to DTSC, signed by Proponent's Project Manager, setting forth the conditions and events that occurred and the measures taken in response thereto.

8.2 In the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may order Proponent to conduct additional activities in accordance with Paragraph 7 of this Agreement or to stop further implementation of this Agreement for such period of time as may be needed to abate the endangerment. DTSC may request that Proponent implement interim measures to address any immediate threat or imminent or substantial endangerment.

9. Access. Proponent shall provide, and/or obtain access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC qr any other agency may otherwise have by operation of law.

10. Sampling, Data and Document Availability. When requested by DTSC, Proponent shall make available for DTSC's inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text-readable Portable Document Formatted {pdf) file compatible with Adobe Acrobat or a formatted file compatible with Microsoft Word.

11. Record Preservation. Proponent shall retain, during the implementation of this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. lfDTSC 3 requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent's expense prior to destruction.

12. Notification of Field Activities. Proponent shall inform DTSC at least seven days in advance of all field activities pt,Jrsuant to this Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected by Proponent pursuant to this Agreement.

13. Project Managers. Within 14 days of the effective date of this Agreement, DTSC and Proponent shall each designate a Project Manager and shall notify each other in writing of the Project Manager selected. The Proponent's Project Manager shall have the technical expertise in project management, regulatory compliance, and hazardous substance site investigation and remediation sufficient to fulfill his or her responsibilities. Each Project Manager shall be responsible for overseeing the implementation of this Agreement and for designating a person to act in his/her absence. All communications between DTSC and Proponent, and all notices, documents and correspondence concerning the activities performed pursuant to this Agreement shall be directed through the Project Managers. Each party may change its Project Manager with at least seven days prior written n.otice.

14. Proponent's Consultant and Contractor. All engineering work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional engineer licensed in California, with expertise in hazardous substancesite investigation and remediation. All geological work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional geologist licensed in California, with expertise in hazardous substance site investigation and remediation. Proponent's contractors and consultants shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 14 days of the effective date of this Agreement, Proponent shall notify DTSC's Project Manager in writing of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835.

15. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC's review and approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or falls to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended 4 changes and a date by which the Propone-nt must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSG approvals and decisions made regarding submittals and notifications will be communicated to Proponent in writing by DTSC's Branch Chief or his/her designee.

No Informal advice, guidance, suggestions or comments by DTSC regarding reports, plans, specifications,- schedules or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals.

16. Payment.

16.1 Proponent is required to pay ( a) all costs incurred by DTSC in association with preparation of this Agreement, and for oversight activities, including review of documents, conducted prior to the effective date of this Agreement; and (b) all costs incurred by DTSC in providing oversight pursuant to this Agreement, including review of the documents and activities described in Exhibit C and associated documents, and oversight of field activities. Costs incurred include interest on unpaid amounts that are billed and outstanding ·more than 60 days from the date of the Invoice.

16.2 An estimate of DTSC's oversight costs is attached as Exhibit D. It is understood by the parties that Exhibit Dis an estimate and cannot be relied upon as the final cost figure. DTSC may provide an adjusted cost estimate as the work progresses.

Prior to adjusting the cost estimate, _DTSC will provide Proponent with a written notice and a detailed explanation of the change to the cost estimate. DTSC will bill Proponent quarterly. Proponent agrees to m_ake payment within 30 days of receipt of DTSC's billing. Such billings wil.l reflect any amounts that have been advanced to DTSC by Proponent.

16.3 In _anticipation of oversight activities to be conducted, Proponent shall make an advance payment of $16,453 to DTSC no later than 10 days after this Agreement is fully executed. It is expressly understood and agreed that OTSC's receipt of the entire advance payment as provided in this paragraph Is a condition precedent to DTSC's obligation to provide oversight, review of or comment on documents. DTSC will draw--0own from the advance payment, which will be documented in DTSC's invoice.

When the ad_vance payment is depleted, DTSC will continue to request payment through the invoice process.

16.4 · All payments made by Proponent pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control" and bearing on Its face the project code for the Site (Site# 102181) and the docket number HWCA-FY20/21-001 5 8-11 �2020 Stand'"" Volutt\arj�M>del April 2020, 2020 of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to:

Accounting Office
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
A photocopy of the check shall be sent concurrently to DTSC's Project Manager.

16.5 DTSC shall retain all cost records associated with the work performed under this Agreement as may be required by state law. DTSC will make all documents that support DTSC's cost determination availabl� for inspection upon request in accordance with the Public Records Act, Government Code section 6250 et seq.

17. Amendments. This Agreement may be amended in writing by mutual agreement of DTSC and Proponent. Such amendment shall be effective the third business day following _the day the last party signing the amendment sends its notification of signing to the other party. The parties may agree to a different effective date.

18. Termination forConvenience.

18.1- Except as otherwise provided in this paragraph, each party to this Agreement reserves the right to unilaterally terminate this Agreement for any _reason.

Termination may be accomplished by giving a 30-day advance written notice of the election to terminate this Agreement to the other party. In the event that this Agreement is terminated under Paragraph 18.1, Proponent shall be responsible for DTSC costs through the effective date of termination.

18.2 If operation and maintenance activities are required for the final remedy, Proponent may not terminate the Agreement under Paragraph 18.1 upon DTSC's approval of an Operation and Maintenance Plan as proposed by Proponent, unless an Operation and Maintenance Agreement is entered into between DTSC and Proponent or between DTSC and a party responsible for the required operation and maintenance activities.

19. Calendar of Tasks and Schedules. The attached Exhibit E (Calendar of Tasks and Schedules) is merely for the convenience of listing in one location the submittals· required by this Agreement. The Calendar of Tasks and Schedules lists activities specific to this project based on the available information. DTSC and Proponent shall make a reasonable effort to complete the activity within the schedule 6 8-11-2020 sta,,:Joro Volu:tary Agreemerl.Moool Ap,,12020, 2020 outlined in Exhibit E. A schedule for each related activity shall be established as part of this Agreement.

If Proponent i� unable to meet the activity's schedule, Proponent "Yill notify DTSC's -Project Manager 1 O days prior to the scheduled action or submittal date. If DTSC is unable to meet the activity's schedule, DTSC will notify Proponent 1 O days prior to the scheduled action or submittal date.

20. Incorporation ofExhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules and reports that require DTSC's approval and are submitted by Proponent pursuant to this Agreement are incorporated in this Agreement upon DTSC's approval.

21. Reservation of Rights. DTSC reserves all of its statutory and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses and remedies available to Proponent under applicable laws.

22. Non-Admission of Liability. By entering into this Agreement, Proponent does not admit to any finding offact or conclusion of law set forth.in this Agreement or any fault or liability under applicable laws.

23. Proponent Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponent's past, current, or future operations or ownership of the Site.

24. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by Proponent or by related parties in carrying out activities pursu9nt to this Agreement, nor shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement.

25. Third Party Actions. In the eyent that Proponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponent shall pay all costs incurred by DTSC relating to such third-party actions, Including but not limited to responding to subpoenas.

26. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California.
7 8-11 -2 Q 2 Q $landaRI Voluntaiy Ag'°""""" Moilel Apli 2020, 2020

27. Severability. If any portion of this Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remairiing provisions of the Agreement.

28. Parties Bound. This Agreement applies to and is binding, jointly and severally, upon Proponent and its agents, receivers, trustees, successors and assignees, and upon DTSC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. Proponent shall ensure that its contractors, subcontractors and agents receive a copy of this Agreement and comply with this Agreement.

29. Effective Date. The effective date of this Agreement is the dale of signature by DTSC's authorized representative after this Agreement is first signed by Proponent's authorized representative. Except as otherwise specified, "days" means calendar days.

30. Representative Authority. Each undersigned representative of the party to this Agreement certifies that she or he is fully authorized to e·nter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement.

31. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts .shall together constitute one and the same document. This Agreement and documents related to it may be executed and transmitted by facsimile or pdf copy, which copies shall be deemed to be, and utilized in all respects as, an original. However, Proponent must provide the wet-inked signed original of each counterpart to DTSC by mail within 14 calendar days of signing. 8 11/10/2020
Edward J. Walker, P.E.

Branch Chief
Office of Engineering and Special Projects
Site Mitigation and Restoration Program .

Department of Toxic Substances Control
Nick Fidler
Director
Public Works
City of Bakersfield
fJ..·f ') --2020 Slan<lotdVDl~nt•,yAgreernonlM>de1AprllW20. 2020 9 Date _______ _
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date.
"CITY"

CITY OF BAKERSFIELD
By: ��2o/
Mayor
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:
�� (';!NIA
7---J

GENNARO
�U..-,
City Attorney
Insurance: (}j ....__.., )
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT

NICK FIDLER
Public Works Director
COUNTERSIGNED:

By:(�M u £� f),,,

ANDY MCKEE N
Finance Director
10 "CONTRACTOR"
By: ___________ _
PRINT NAME: _________ _
Title: -----------

EXHIBIT A
Location Map
Westside Parkway/Conoco Phillips Coke
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Standard V~unlary Agreement Modal March 13, 2020
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I APN 602-01~ ID 29
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a Approximate Former Tosco Coke Plant Property Boundary Approximate Parcel Boundary
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APN 602--0'ID-47/Pan:el ID 34
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GDC Project No, EN8044
Site Location Map
i'orrr.er Tosco PEtroleum Cok:! Storage She
Bakersfi~ld, CA
Fig_ure: 1
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EXHIBIT C ,,

SCOPE OF WORK
The following tasks wiU be completed as part of this.Agreement:

TASK 1·Document Review
Proponent will submit to DTSC available background information, environmental assessment reports, and any other information pertinent to the hazardous substance management, release, characterization, and/or cleanup of the Site. DTSC may review some or all the information to identify areas and media of concern and to determine the additional work, if any, required to complete the investigation (which includes assessment/evaluation activities not requiring field sampling) and/or remediation of the Site. Proponent may also provide environmental investigation and/or cleanup-related documents for a specific review to determine if actions conducted without DTSC oversight were protective of human health and the environment. The information submitted by Proponent shall be reviewed for conformance with DTSC standards for quality assurance/quality control, investigation, and remediation.

Based on DTSC's review, these documents may be considered to be Preliminary Endangerment Assessment equivalent documents.

Subsequent to its review, DTSC may issue correspondence to the Proponent describing deficiencies of the environmental investigation or cleanup, indicate a limited. concurrenc~ with the findings, or make.a different determination based on specific circumstances and documents included in the review.
14 S(aodlll'd Voluntary Agreement Model March 13, 2020
Documents included in this task are:

1. Westside Parkway DTSC VCA Final Document Summary 5-20-2020 TASK 2 Scoping Meeting
Scoping meetings are required for all voluntary projects where investigation or cleanup is an anticipated aspect of the scope of work; these are conducted shortly after the agreement has been executed, or depending on specific circumstances, may be held during the agreement-negotiation period. During the scoping meeting, potential issues, concerns, opportunities to optimize and expedite the investigation (which includes a~sessment/evaluation activities not requiring field sampling) and cleanup process, as applicable and end D points/exit criteria will be discussed.

An abbreviated version of the scoping me_eting is recommended prior to submittal of work plans, reports and cleanup plans to ensure that both the Proponent and DTSC are moving forward with clear and well-defined expectations.

The following elements may be addressed during the Scoping Meeting:
a) Site Objectives: current and proposed future land uses and redevelopment plans and timetables, etc.
b) Site History: historic operations and land uses, chemical uses, hazardous substance releases, permits, etc.
c) Conceptual Site Model: identification of size, location, geology, lithology, hydrogeology, areas of concern, contaminants of concern, recognized environmental conditions, historic sampling locations and results, data gaps, risk assessments, offsite concerns, etc.
d) Scope of Work: scope of work (phases) as specified in the Agreement based on the available information and preliminary document review; may include discussion about the cleanup determination (e.g., "No Further Action") and decision document proposed for the Site, e.g., Preliminary Endangerment Assessment, Removal Action Work Plan for removal action with costs below $2 million, or Remedial Action Plan for projects exceeding $2 million in capital costs, or proposing innovative technologies, etc.
e) Data Quality Objectives and Remedial Action Objectives: discussion of specific Data Quality Objectives to ensure that appropriate data of sufficient 15 Sl.-.dard Voltnary Ag~ Model Maroh 1a, 2020
quality is collected to facilitate decision-making; discussion of potential cleanup goals and objectives.
f) Risk Assessment and Models: evaluation of published screening levels, If available and appropriate, or use of project-specific risk assessments; discuss risk management and risk communication strategies. g) California Environmental Quality Act (CEQA) requirements: identification of project-specific requirements where applicable, e.g., cultural resources, traffic concerns, ecological resource protection, etc.; identify what DTSC's CEQA role is predicted to be, which documents will be developed, and how to integrate CEQA needs within the overall schedule.
h) Public Participation & Tribal Outreach: discussion of community and tribal involvement and public outreach process, methods, translation needs, and schedule.
i) Schedule: agreed-upon submittal and review dates and timelines for work plans, fact sheets, reports and other key documents; development ofoptimal sequencing of activities to efficiently reach project goals. j). Resources: Review checklists, quick reference sheets, and templates are available for use by those developing documents for DTSC review and · approval. (These tools will be periodically updated and may be made available to Proponents by the DTSC Project Manager)
k) Exit Strategy & Completion of Agreement: proposed future land use, Site acquisition and construction dates, funding limitations or requirements, approval for occupancy, etc. to ensure alignment of Proponent and DTSC goals.

I) Site Visit: A visit to the Site will be conducted to verify and confirm current conditions and project discussions; the visit may take place on the same date as the scoping meeting. Subsequent visits maibe needed if Site conditions change, if new staff are assigned, or for field oversight. 16 stardaf,:l Voluntary AgrOfflfnelll Model Maroh 13, 2020 Task VCP Project
Coordinator Manager
Agreement
preparation,
negotiation and
issuance 2 10
Scoping
. MeetinQ/Site Visit 24
Review and
Comment Current
Conditions Report 24
Interim Measures
Report
Total No.

Hours/Class 2 58
Hourly
Rate/Class $206 $252
Cost/Class $412 $14,616
Total $32,906·
Advance
Payment $16,453

EXHIBITD

COST ESTIMATE WORKSHEET
Westside Parkway/Conoco
Phillips Coke
Supervisor Toxicology Geology
2 6 8
2 8 16
10 8 24
$311 $243 · $253
$3,110 $1,944 $6,072
Industrial Engineering . Project
Hygienist Assistants
2 1 8 2
16 1
1 1 24 6
$206 $252 $83
$206 $6,048 $498

EXHIBIT E

CALENDAR OF TASKS AND SCHEDULE
Westside Parkway/Conoco Phillips Coke
Activity Schedule
Scoping Meeting During Agreement negotiation, or shortly after Agreement execution based on DTSC evaluation of project needs
Advance Payment Within 10 days of Agreement execution
Submit existing data Within 10 days of Agreement execution, or as requested byDTSC
DTSC Completion of Document Within 30-45 days of receipt of documents Included in Review review and/or completion of Scoping Meeting
Invoices DTSC issues quarterly
Cost estimate and Scope of Work DTSC updates the scope and cost estimate annually, or as Updates and Amendments needed, based on work needed to complete the Agreement.

Amendments are issued on an as-need basis.

I Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, .comply with DTSC's direction, and that responses to DTSC questions and/or comments are received in a timely manner. 2 lfworkplan activities are not initialed within six months of the date of DTSC approval, DTSC may require additional investigation, public participation activities, and/or revision to the document.
3 If cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document.
4 If cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document.
17 Standard Voluntary Agnement Model Mar0h 13, 2020
In the Matter of
Westside
Parkway/Conoco
Phillips Coke
Proponent:

City of
Bakersfield
1600 Truxtun
Avenue
Bakersfield,
California 93301

STATE OF CALIFORNIA ENVIRONMENTAL

PROTECTION AGENCY
CLTY OF BAKERSFIEL[)
Agreement No P\/j z_o- 15 0
Approved ) o I Pl I :l;b10 ·

1. Site. This Agreement applies to the Site located at Westside Parkway Freeway Construction (Phase 2) and Cross Valley Canal Realignment Project in Kern County, California 93308 (Site), identified by Kern County Assessor's Parcel Number(s) 502-010-44, the former ConocoPhillips Petroleum Coke Storage Site located within APN 502-010-12 and any off-site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 30.73 acres in size and is bordered by the Alon Bakersfield Refinery to the north, APN 331-021-02 and the Cross-Valley Canal (CVC) to the east, the CVC and Kern River to the south, and the Friant Kern Canal to the west. Site location map and a Site diagram are attached as Exhibits A and B.

4. Ownership and Notification.

4.1. The Site is owned by the City of Bakersfield.

4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with the following: (a) proof of the identity of all current record owners offee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and ( c) an acknowledgment of the receipt of the notice required in subparagraph {b} from the property.owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so.

6. Scope of Work and DTSC Oversight. DTSC shaU review and provide Proponent with written comments on all Proponent's deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement.

Proponent shall perform the work in accordance with applicable local, state and federal statutes, regulations, ordinances, rules and guidance documents, in particular, Health and Safety Code section 25300 et seq., as amended.
2 8-11-2020 S1aridard Voluntary Agreement Mod~ Aptll 2020, 2020

7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 17 of this Agreement.

If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent.

8. Endangerment During Implementation.

8.2 In the event DTSC determines that any activity (whether or not pursued in compliance.with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may order Proponent to conduct additional activities in accordance with Paragraph 7 of this Agreement or to stop further implementation of this Agreement for such period of time as may be needed to abate the endangerment. DTSC may request that Proponent implement interim measures to address any immediate threat or imminent or substantial endangerment.

9. Access. Proponent shall provide, and/or obtain access to the Site and take all reasonable efforts tci obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC qr any other agency may otherwise have by operation of law.

10. Sampling. Data and Document Availability. When requested by DTSC, Proponent shall make available for DTSC's inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text-readable Portable Document Formatted (pdf) file compatible with Adobe Acrobat or a formatted file compatible with Microsoft Word.

11. Record Preservation. Proponent shall retain, during the implementation of this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. lfDTSC 3 8-11-2Q2Q Standard Voluo\ary Agreement M:>del April 2020, 2020 requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent's expense prior to destruction.

12. Notification of Field Activities. Proponent shall inform DTSC at least seven days in advance of all field activities p1,1rsuant to this Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected by Proponent pursuant to this Agreement.

14. Proponent's Consultant and Contractor. All engineering work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional engineer licensed in California, with expertise in hazardous substancesite investigation and remediation. All geological work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional geologist licensed in California, with expertise in hazardous substance site investigation and remediation. Proponent's contractors and consultants shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 14 days of the effective date of this Agreement, Proponent shall notify DTSC's Project Manager in writing of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but noi limited to, Business and Professions Code sections 6735 and 7835.

15. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC's review and approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or fails to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended 4 8-11-2020 Standard Voluntary Agreement M:>del April 2020, 2tl20 changes and a date by which the Proponent must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to Proponent in writing by DTSC's Branch Chief or his/her designee.

No informal advice, guidance, suggestions cir comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals.

16. Payment.

16.2 An estimate of DTSC's oversight costs is attached as Exhibit D. II is understood by the parties that Exhibit Dis an estimate and cannot be relied upon as the final cost figure. DTSC may provide an adjusted cost estimate as the work progresses.

Prior to adjusting the cost estimate, .DTSC will provide Proponent with a written notice and a detailed explanation of the change to the cost estimate. DTSC will bill Proponent quarterly. Proponent agrees to make payment within 30 days of receipt of DTSC's billing. Such billings wil.1 reflect any amounts that have been advanced to DTSC by Proponent.

16.3 In anticipation of oversight activities to be conducted, Proponent shall make an advance payment of $16,453 to DTSC no later than 10 days after this Agreement is fully executed. It is expressly understood and agreed that DTSC's receipt of the entire advance payment as provided in this paragraph is a condition precedent to DTSC's obligation to provide oversight, review of or comment on documents. DTSC will draw-down from the advance payment, which will be documented in DTSC's invoice.

When the advance payment is depleted, DTSC will continue to request payment through the invoice process.

16.4 All payments made by Proponent pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control" and bearing on its face the project code for the Site (Site# 102181) and the docket number HWCA-FY20/21-001 5 8-11 -2 0 20 Standard Voluntary Agr~ent t.Wel Aplil 2020, 2020 of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to:

Accounting Office
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
A photocopy of the check shall be sent concurrently to DTSC's Project Manager.

16.5 DTSC shall retain all cost records associated with the work performed under this Agreement as may be required by state law. DTSC will make all documents that support DTSC's cost determination available for inspection upon request in accordance with the Public Records Act, Government Code section 6250 et seq.

17. Amendments. This Agreement may be amended in writing by mutual agreement of DTSC and Proponent. Such amendment shall be effective the third business day following the day the last party signing the amendment sends its notification of signing to the other party. The parties may agree to a different effective date.

18. Termination for Convenience.

18.1 Except as otherwise provided in this paragraph, each party to this Agreement reserves the right to unilaterally terminate this Agreement for any reason.

19. Calendar of Tasks and Schedules. The attached Exhibit E (Calendar of Tasks and Schedules) is merely for the convenience of listing in one location the submittals required by this Agreement. The Calendar of Tasks and Schedules lists activities specific to this project based on the available information. DTSC and Proponent shall make a reasonable effort to complete the activity within the schedule 6 8'-11-2020 Standard Voluntary Agreem<tnl Model Ap,112020, 2020 outlined in Exhibit E. A schedule for each related activity shall be _established as part of this Agreement.

If Proponent is unable to meet the activity's schedule, Proponent will notify DTSC's . '
.Project Manager 10 days prior to the scheduled action or submittal date. If DTSC is unable to meet the activity's schedule, DTSC will notify Proponent 1 0 days prior to the scheduled action or submittal date.

20. Incorporation- of Exhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules and reports that require DTSC's approval and are submitted by Proponent pursuant to this Agreement are incorporated in this Agreement upon DTSC's approval.

21. Reservation of Rights. DTSC reserves all of its statutory and regulatory po�ers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses and remedies available to Proponent under applicable laws.

22. Non-Admission of Liability. By entering into this Agreement, Proponent does not admit to any finding of fact or conclusion of law set forth.in this Agreement or any fault or liability under applicable laws.

24. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by Proponent or by related parties in carrying out activities pursu�nt to this Agreement, nor shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement.

25. Third Party Actions. In the event that Proponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponent shall pay all costs incurred by DTSC relating to such third-party actions, including but not limited to responding to subpoenas.

26. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California.
7 8-11-2020 Slandald Voluntary Agreanenl Model A!><II 2020, 2020

29. Effective Date. The effective date of this Agreement is the date of signature by DTSC's authorized representative after this Agreement is first signed by Proponent's authorized representative. Except as otherwise specified, "days" means calendar days.

30. Representative Authority. Each undersigned representative of the party to this Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement.

LIST OF EXHIBITS TO THE AGREEMENT
EXHIBIT A: SITE LOCATION MAP
EXHIBIT B: SITE DIAGRAM
EXHIBIT C: SCOPE OF WORK
EXHIBIT D: COST ESTIMATE FOR DTSC OVERSIGHT SERVICES
EXHIBIT E: CALENDAR OF TASKS AND SCHEDULE
11 Standard Voluntary Agreemaot Model March 13, 2020

EXHIBIT A
Location Map
Westside Parkway/Conoco Phillips Coke
.......

Links at Riverlakes ft Ranch Golf Course Y
' r
t ' .......
i
0 1ldale
~ ~, -- _., -~~-· \~
t.,n County Museum '
E
~
w~lil ~ •
4!\ Memond! Hosp11a1
't' B•kersf1eld
Walmart Sopercenter Q
A
j l
( Londco
Q Ccls1co Wholesale
s '24th&
, 6500 Refme'!/'venue
...... "
~~P'-wy
,,, .......... ,.,, Callfo ~ j
~ -~... ~ '·~
f /'./ ~ Stal t r.lJ
= ____, ,,- University, n N Out 'iurg r "t' X- 8eketsf1eld • .,.."'-' ~
The Parka1 n ~ f River Walk Y ! f
~ • if n Regal Edwards
Y Bakersfield :
[
I
Valley Plaza
f
I ._ ..

H"-u1 ■
s f ~ r I
Bakersfield 9 / Soulhwesl DMV • .... , 1
f
Goslord Go gle Venola
12 . ' 1, ..

Bakersfield B
,,.,.11 OLEANDER
SUNSET
Kern County Fa1rt.l ipo-ar,I~ rd'f"
@ Kayandee
a11Q Bake,sO..id
MUnletpal
Airpon \
tf
\ ·~
f
Wible Orch;,rd .._•l•
:
• ~ , __ ..
0 ·-
,_ ..

Ba! (
...
• •
Standard Voluntary Agreement Model March 13, 2020
I
i
~
~
I
I
!:
~ ,..
~
......
w
a
t.":)
APN 602-010-46/Parcel ID 32 APN li02~M7~ ID 34
----- 1--· - - -~ ;
- ·}x.1,{\-~,:, \I'
I APN 602-01~ ID 29
=-------:;::::--::--=-=--.:-~ ___--:?I
___,-._-.__ _ I Drainage Basin ~ U --------~ Cross Valley Canal ,12/Plin:el _.,
Approximate Former Tosco Coke Plant Property Boundary
Approximate Parcel Boundary i"
GR au p I GDC Project No. EN8044 I
Site Location Map
Approximate Location of Coke Encapsulation Area (Relocated Coke} So1.1.t«': Gaag1t! Eurth ii former Tosco Petroleum Coke Storage Site Bakersfield, CA
DELTA FiK_ure: 1
(/1
~ ....
(/1
a:
(I)
"'tJ
0)
..,
" :E (/) o,:::.: m
'< CD X 0 0 I 0 -· - :::s ~ OJ
0 -, -I
0 0) OJ
o 3
"'tJ
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"O
(/1
(")
0 " (I)

EXHIBIT C ''

SCOPE OF WORK
The following tasks wiU be completed as part of this Agreement:

TASK 1 Document Review
Proponent will submit to DTSC available background information, environmental assessment reports, and any other information pertinent to the hazardous substance management, release, characterization, and/or cleanup of the Site. DTSC may review some or all the inform'ation to identify areas and media of concern and to determine the additional work, if any, required to complete the investigation (which includes assessmenUevaluation activities not requiring field sampling) and/or remediation of the Sile, Proponent may also provide environmental investigation and/or cleanup-related documents for a specific review to determine if actions conducted without DTSC oversight were protective of human health and the environment. The information submitted by Proponent shall be reviewed for conformance with DTSC standards for quality assurance/quality control, investigation, and remediation.

Based on DTSC's review, these documents may be considered to be Preliminary Endangerment Assessment equivalent documents.

Subsequent to its review, DTSC may issue correspondence to the Proponent describing deficiencies of the environmental investigation or cleanup, indicate a limited concurrence with the findings, or make a different determination based on specific circumstances and documents included in the review.
14 Standard Voluntary Agreement Mod91 March 13, 2020
Documents included in this task are:

An abbreviated version of the scoping meeting is recommended prior to submittal of work plans, reports and cleanup plans to ensure that both the Proponent and DTSC are moving forward with clear and well-defined expectations.

The following elements may be addressed during the Scoping Meeting:
a) Site Objectives: current and proposed future land uses and redevelopment plans and timetables, etc.
b) Site History: historic operations and land uses, chemical uses, hazardous substance releases, permits, etc.
c) Conceptual Site Model: identification of size, location, geology, lithology, hydrogeology, areas of concern, contaminants of concern, recognized environmental conditions, historic sampling locations and results, data gaps, risk assessments, offsite concems, etc.
d) Scope of Work: scope of work (phases) as specified in the Agreement based on the available information and preliminary document review; may include discussion about the cleanup determination (e.g., "No Further Action") and decision document proposed for the Site, e.g., Preliminary Endangerment Assessment, Removal Action Work Plan for removal action with costs below $2 million, or Remedial Action Plan for projects exceeding $2 million in capital costs, or proposing innovative technologies, etc.
e) Data Quality Objectives and Remedial Action Objectives: discussion of specific Data Quality Objectives to ensure that appropriate data of sufficient 15 Slandard Voluntary Agreement Model March 13, 2020
quality is collected to facilitate decision-making; discussion of potential cleanup goals and objectives.
f) Risk Assessment and Models: evaluation of published screening levels, if available and appropriate, or use of project-specific risk assessments; discuss risk management and risk communication strategies. g) California Environmental Quality Act (CEQA) requirements: identification of project-specific requirements where applicable, e.g., cultural resources, traffic concerns, ecological resource protection, etc.; identify what DTSC's CEQA role is predicted to be, which documents will be developed, and how to integrate CEQA needs within the overall schedule.
h) Public Participation & Tribal Outreach: discussion of community and tribal involvement and public outreach process, methods, translation needs, and schedule.
i) Schedule: agreed-upon submittal and review dates and timelines for work plans, fact sheets, reports and other key documents; development ofoptimal sequencing of activities to efficiently reach project goals. j) Resources: Review checklists, quick reference sheets, and templates are available for use by those developing documents for DTSC review and approval. (These tools will be periodically updated and may be made available to Proponents by the DTSC Project Manager)
k) Exit Strategy & Completion of Agreement: proposed future land use, Site acquisition and construction dates, funding limitations or requirements, approval for occupancy, etc. to ensure alignment of Proponent and DTSC goals.

I) Site Visit: A visit to the Site will be conducted to verify and confirm current conditions and project discussions; the visit may take place on the same date as the scoping meeting. Subsequent visits may'be needed if Site conditions change, if new staff are assigned, or for field oversight. 16 Standard Volunta;y Agreement Model March 13, 2020
Task VCP Project
Coordinator Manager
Agreement
preparation,
negotiation and
issuance 2 10
Scoping
Meetinq/Site Visit 24
Review and
Comment Current
Conditions Report 24
Interim Measures
Report
Total No.

Hours/Class 2 58
Hourly
Rate/Class $206 $252
Cost/Class $412 $14,616
Total $32,906
Advance
Pavment $16,453

EXHIBITD

COST ESTIMATE WORKSHEET
Westside Parkway/Conoco
Phillips Coke
Supervisor Toxicology Geology
2 6 8
2 8 16
10 8 24
$311 $243 $253
$3,110 $1,944 $6,072 .

Industrial Engineering Project
Hygienist Assistants
2 1 8 2
16 1
1 1 24 6
$206 $252 $83
$206 $6,048 $498

EXHIBIT E

CALENDAR OF TASKS AND SCHEDULE
Westside Parkway/Conoco Phillips Coke
Activity Schedule
Scoping Meeting During Agreement negotiation, or shortly after Agreement execution based on DTSC evaluation of project needs
Advance Payment Within 10 days of Agreement execution
Submit existing data Within 10 days of Agreement execution, or as requested. byDTSC
DTSC Completion of Document Within 30-45 days of receipt of documents included in Review review and/or completion of Scoping Meeting
Invoices DTSC issues quarterly
Cost estimate and Scope of Work DTSC updates the scope and cost estimate annually, or as Updates and Amendments needed, based on work needed to complete the Agreement.

Amendments are Issued on an as-need basis.
j
!Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, .comply with DTSC's direction, and that responses to DTSC questions and/or comments are received in a timely manner. 2 If workplan activities are not initiated within six months of the date of DTSC approval, DTSC may require additional investigation, public participation activities, and/or revision to the document.
3 If cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document.
4 If cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document.
17 I
Standard Voluntary Agrooment Model March 13, 2020
10 EXHIBIT G
STANDARD VOLUNTARY AGREEMENT (AMENDMENT 1) EFFECTIVE MARCH 8, 2022

Westside Parkway/ConocoPhillips Coke
Standard Voluntary Agreement Amendment 1

4. Ownership and Notification.

4.1. The Site is owned by the City of Bakersfield.

4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with all of the following: (a) proof of the identity of all current record owners of fee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and (c) an acknowledgment of the receipt of the notice required in subparagraph (b) from the property owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so.

4.3. Proponent shall notify DTSC of any changes in record ownership of the Site subsequent to the Effective Date of this Agreement and provide written evidence that Proponent notified the new owner(s) of record of the proposed or ongoing environmental evaluation or actions contemplated as part of this Agreement.

6. Scope of Work and DTSC Oversight. DTSC shall review and provide Proponent with written comments on all Proponent's deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement.

7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 17 of this Agreement. If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent.

8. Endangerment During Implementation.

8.1. Proponent shall notify DTSC's Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of such a condition, Proponent shall furnish a report to DTSC, signed by Proponent's Project Manager, setting forth the conditions and events that occurred and the measures taken in response thereto.

8.2. In the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to 00\JTRACTOR
2 Standard Voluntary Agreement Model March 13, 20!0 COPY

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: June 9, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2022-034 with Public Agency Retirement Services (PARS) (extend term to June 30, 2028) for the management of the Other Post-Employment Benefits Trust (OPEB) and Pension Stabilization Trust.

RECOMMENDATION:

Staff recommends approval of amendment.

BACKGROUND:

The Governmental Accounting Standards Board (GASB) issued Statement number 74 and 75 in June 2015 respectively. These GASB Statements replaced statements number 43 and 45 and updated the reporting requirements for all government agencies that provide Other Post-Employment Benefits (OPEB) such as the City’s Retiree Medical Subsidy Program. The GASB Statements require the measurement and reporting of the benefits that have been earned compared to the amount of funds that have been set aside to pay for the future cash obligations. The GASB Statements also require that any cash set aside to fund the future obligations (and thus reduce any unfunded liability) be placed in an irrevocable trust fund to guarantee that the monies can only be used for the purpose intended, which is to make future payments related to the Retiree Medical Subsidy program.

In 2007, the City selected PARS to join and administer their Internal Revenue Code Section 115 Irrevocable Trust Account in an effort to comply with these accounting standards. Since it’s inception, this trust has accumulated annual actuarial determined contributions and related investment income resulting in a balance, as of April 30, 2025, of $98.9 million. Based on the most recent actuarial report, the OPEB liability is just over $108 million, which means that the plan is over 90% funded in comparison to being just over 4% when the Section 115 Trust was established.

In 2022, the City established a second irrevocable trust account called the Pension Rate Stabilization Program to address the unfunded liability related to the City’s pension plan. This trust allows the City to draw from accumulated trust funds to offset pension expenses if required contributions spike or if serious budgetary shortfalls occur. The current unfunded liability as reported by the most recent actuarial report from CalPERS is over $614 million. As of April 30, 2025, the trust has an accumulated balance of $5.9 million, roughly 1% of the unfunded liability.

PARS has provided incredible service and administration of both trust funds by PARS over the last 18 years and staff recommends the continuation of this partnership.

FISCAL IMPACT:

The fee schedule has a tier structure based on the current portfolio balance. The fee structure is detailed in Exhibit B of the original agreement. Fees are paid directly from plan assets. Based on current portfolio assets, we estimate that the annual administration costs will be in the range of $95,000 per year. These services are budgeted within our Fiscal Year 2025-26 budget.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

Agreement 2022-034(1)
$b884fcb55418$9BECFCA1460E49A180A5E5838F943325.docx34
C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$b884fcb55418$9BECFCA1460E49A180A5E5838F943325.docx -- Page 1 of 2 Pages --
AGREEMENT NO. 2022-034 (1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 2022-034
This AMENDMENT NO. 1 TO AGREEMENT NO. 2022-034 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and PHASE II SYSTEMS, a corporation organized and existing under the laws of the State of California, doing business as PUBLIC AGENCY RETIREMENT SERVICES (PARS) (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, CITY and CONTRACTOR entered into Agreement No. 2022-034 for trust administration services; and
WHEREAS, the parties desire to amend Agreement No. 2022-034 to extend the term of the Agreement for three (3) additional years; and WHEREAS, the parties desire to amend Agreement No. 2022-034 to replace the word “CONSULTANT” with “CONTRACTOR” throughout the entire agreement.

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

1. Section 24 of Agreement No. 2022-034 entitled “TERM” is hereby amended to read as follows:

24. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2028.

2. Agreement No. 2022-034 is amended to replace the word “CONSULTANT” with “CONTRACTOR” throughout the entire
agreement.

3. Except as amended herein, all provisions of Agreement No. 2022-034 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2022-034 to be executed the day and year first above written. [Signatures on Following Page]
Docusign Envelope ID: B7B0D9DF-D020-448C-A4A0-648E237E7286 $b884fcb55418$9BECFCA1460E49A180A5E5838F943325.docx34
C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$b884fcb55418$9BECFCA1460E49A180A5E5838F943325.docx -- Page 2 of 2 Pages --
“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD PUBLIC AGENCY RETIREMENT

SERVICES
By:____________________________ By:_________________________________

KAREN GOH TOD HAMMERAS
Mayor Chief Financial Officer
APPROVED AS TO CONTENT:

FINANCE DEPARTMENT
By:____________________________

TERA LOVELESS-ORTIZ
Assistant Finance Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________

VIRGINIA GENNARO
City Attorney
Insurance:____________
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
VG/pt
Docusign Envelope ID: B7B0D9DF-D020-448C-A4A0-648E237E7286

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/1/2025
Risk Strategies Company
2040 Main Street, Suite 450
Irvine, CA 92614
949-242-9237
www.risk-strategies.com CA DOI License No. 0F06675
RSC Insurance Brokerage
Sherry Young
[email protected]
Phase II Systems
dba: PARS
4350 Von Karman Ave., Ste 100
Newport Beach CA 92660
85087974
✓
✓
Trust administration services related to the City of Bakersfield PARS Public Agencies Post-Employment Benefits Trust. applies to the general liability policy and a waiver of subrogation applies to the work comp policy-see attached endorsements.

City of Bakersfield
Attn: Risk Manager
1600 Truxtun Ave.

Bakersfield CA 93301
Projects as on file with the insured including but not limited to:

The City of Bakersfield, its mayor, council, officers, employees, and volunteers are named as additional insureds and primary/non-contributory clause The above policies contain a 30-day notice provision for non-renewal and cancellation, 10-day notice for non-payment of premium.

A 72SBABLVTP 5/8/2025 5/8/2026 2,000,000
1,000,000
✓
10,000
✓
2,000,000
4,000,000
✓ 4,000,000
A 72SBABLVTP 5/8/2025 5/8/2026 2,000,000
✓✓
B 72WECAY9CJZ 7/1/2024 7/1/2025 ✓
1,000,000
1,000,000
1,000,000
C Professional Liability 1000635549241 7/30/2024 7/30/2025 Per Claim: $3,000,000 Aggregate: $3,000,000
Hartford Underwriters Insurance Company 30104
Hartford Casualty Insurance Company 29424
Starr Surplus Lines Insurance Company 13604
85087974 | 25-26 CA GL-HNOA, 24-25 WC-PL | Sherry Young | 5/1/2025 9:20:54 AM (PDT) | Page 1 of 6 Docusign Envelope ID: B7B0D9DF-D020-448C-A4A0-648E237E7286 Certificate Of Completion
Envelope Id: B7B0D9DF-D020-448C-A4A0-648E237E7286 Status: Completed Subject: Complete with Docusign: PARS.Amend1.Agr2022-034.doc.docx, COI_2025.pdf Source Envelope:

Document Pages: 3 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 1 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
6/10/2025 11:46:02 AM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bakersfield Location: Docusign Signer Events Signature Timestamp
Tod Hammeras
[email protected]
CFO
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 66.10.93.10
Sent: 6/10/2025 11:48:11 AM
Viewed: 6/10/2025 12:50:47 PM
Signed: 6/10/2025 1:14:21 PM
Electronic Record and Signature Disclosure:

Accepted: 6/10/2025 12:50:47 PM
ID: 99ff0b48-7885-45f7-8aad-7e022335483d
Tera Loveless-Ortiz
[email protected]
Assistant Finance Director
Finance
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 70.224.81.211
Sent: 6/10/2025 1:14:22 PM
Viewed: 6/10/2025 4:01:29 PM
Signed: 6/10/2025 4:01:47 PM
Electronic Record and Signature Disclosure:

Accepted: 6/30/2022 8:58:21 AM
ID: 48c7958b-a378-4147-888b-da118511a90a
Jena Covey
[email protected]

RISK MANAGER
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 6/10/2025 4:01:48 PM
Viewed: 6/11/2025 7:48:45 AM
Signed: 6/16/2025 8:38:12 AM
Electronic Record and Signature Disclosure:

Accepted: 6/11/2025 4:18:13 PM
ID: 2d83bb61-a8d5-4065-9b6f-9171468abaa9
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/10/2025 11:48:11 AM
Certified Delivered Security Checked 6/11/2025 7:48:45 AM Signing Complete Security Checked 6/16/2025 8:38:12 AM
Completed Security Checked 6/16/2025 8:38:12 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Tod Hammeras, Tera Loveless-Ortiz, Jena Covey Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of Bakersfield of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

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To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
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 Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 9, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2021-129 with Group Delta Consultant, Inc. (extend term one year to June 30, 2026; expand scope of work to include Fiscal Year 2025-26) for On-Call Asbestos Surveying Services for Capital Improvements Program projects.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On June 16, 2021 Council awarded an agreement to Group Delta Consultants, Inc. to provide on-call asbestos surveying services to expedite delivery of the capital improvement program (CIP). Certain projects undertaken as part of the City's CIP require asbestos survey services. In these cases, asbestos and other hazardous materialsin structures are evaluated so that proper mitigation and disposal methods can be performed. Utilization of these services commonly occurs on projects where demolition of existing structures is required and for the remodeling of certain City facilities. An on-call agreement for these services enables staff to efficiently schedule and complete this work in a timely manner.

Amendment No. 1 was executed on June 26, 2024, which extended the term to June 30, 2025, to allow the consultant to continue to provide on-call asbestos services for CIP projects.

This agreement will expire on June 30, 2025. However, the Consultant is working on various projects that will not be completed by that expiration date. In order to allow the Consultant time to complete previously assigned projects, Amendment No. 2 extends the term of the agreement by one year, to June 30, 2026.

This amendment provides for an expansion in the scope of work to include CIP projects in FY 2025-2026; however, there will be no increase in compensation. The total not-to-exceed compensation amount for this agreement will remain at the same level as identified in the original agreement, which was set at a not-to-exceed amount of $100,000.

Staff will issue a new Request for Qualifications in Spring 2026 to develop a new on-call asbestos surveying services agreement. This amendment will serve as a bridge until a new agreement is approved.

FISCAL IMPACT:

There is no City General Fund impact associated with this amendment only an extension of time to agreement. The consultant will be paid out of each CIP project it is assigned. The CIP projects will be approved by City Council through the budget process.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Signed Amendment No.2_2021-129

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 14, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2024-173 with Premier Valley Transport Inc. (increase compensation to $200,000, revised not to exceed $700,000; and to extend term to June 26, 2026) to continue moving and transporting material at the Mount Vernon Organics Recycling and Composting Facility.

RECOMMENDATION:

Staff recommends approval of the Amendment.

BACKGROUND:

The Solid Waste Division uses City-owned wheel loaders and conveyors to load trucks operated by private contractors for transporting and distributing both unprocessed and processed materials at the Mount Vernon Organics Recycling and Composting Facility. Services for this work were solicited through a Request for Qualifications and Proposals (RFQ&P). Bid evaluations were based on the types of trucks proposed and their hauling capacities to various locations.

On June 26, 2024, the City Council awarded a $500,000 contract to Premier Valley Transport Inc. to provide the required services. The company was recommended based on a comprehensive evaluation of qualifications, reliability, experience, and cost—offering the most favorable proposal for the City. The agreement includes an option for annual renewal for up to four additional one-year terms, subject to mutual agreement and the City’s discretion.

Staff currently recommends amending Agreement No. 2024-173 to extend the term by one additional year, through June 26, 2026 with the option of three additional one-year terms, and to increase the contract amount by $200,000, for a revised not to exceed amount of $700,000.

FISCAL IMPACT:

This Agreement is funded through the Refuse Enterprise Fund, resulting in no impact to the City’s General Fund. Additionally, approximately 63% of the cost will be reimbursed by Kern County under the Green Waste Cost Sharing Agreement.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

Agreement
-- Page 1 of 2 Pages --
AGREEMENT NO. 2024-17 (1)
AMENDMENT NO. 1 TO
AGREEMENT NO. 2024-17
This AMENDMENT NO. 1 TO AGREEMENT NO. 2024-17 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and PREMIER VALLEY TRANSPORT INC, a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on June 26, 2024, CITY and CONTRACTOR entered into Agreement No. 2024-17 in the amount of five hundred thousand dollars ($500,000) to provide hauling and transport services; and
WHEREAS, the parties desire to amend Agreement No. 2024-17 to extend the term to June 26, 2026, and to increase compensation by Two Hundred Thousand Dollars ($200,000) for a total compensation not to exceed Seven Hundred Thousand Dollars ($700,000) to continue hauling and transport services.

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

1. Section 2 of Agreement No. 2024-17 entitled
“COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:

2. COMPENSATION/PAYMENT PROCEDURE. Compensation for
all work, services or products called for under this Agreement shall consist of a total payment amount not to exceed SEVEN HUNDRED THOUSAND DOLLARS ($700,000) and paid on an
hourly basis in accordance with the proposal attached hereto as Exhibit “A” and incorporated herein by reference.

2. Section 3 of Agreement No. 2024-17 entitled “TERM” is hereby amended to read as follows:

3. TERM. Unless terminated sooner or set forth herein, this Agreement shall terminate on June 26, 2026.

Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E -- Page 2 of 2 Pages --

3. Except as amended herein, all provisions of Agreement No. 2024-17 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024-17 to be executed the day and year first above written. “CITY” “CONTRACTOR”

CITY OF BAKERSFIELD PREMIER VALLEY TRANSPORT INC
By:____________________________ By:_________________________________

KAREN GOH
Mayor Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By: ____________________________

ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By: ____________________________

ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance: ____________
COUNTERSIGNED:

By: ____________________________

RANDY MCKEEGAN
Finance Director
Attachment: Exhibit A
S:\Public Works\Agrs\24-25\PRemierValleyTransport 2024-17(1).docx Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E Natalie Elizalde
General Manager
QUOTE
Premier Valley Transport Inc
307 E 21st Street
Bakersfield, CA 93305
Email: [email protected] CARB # 136600
CA # 0522864
DBE: # 46372
CITY OF BAKERSFIELD: SOLID WASTE SBE: # 46372
ATTN: ABEL TORRES SB PW# 2024937
[email protected]
JOB DESCRIPTION:

TRUCKING RATE:

SUPER 10

END DUMP

WALKING FLOOR
PHONE NUMBER: 661-496-8812
CONTACT NAME: Natalie Elizalde
5/20/2025
4HR MIN DAILY
JOB NAME & LOCATION:

SOLID WASTE DIVISION TRANSPORTATION SERVICES Bakersfield, Ca DIR: # 1000056851

ADDITIONAL SPECIFICATIONS

REGULAR
$120 P/HR
$130 P/HR
$145 P/HR

EXHIBIT A
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
1/17/2025
License # 0I72684
(916) 779-6984 (916) 923-2797
38920
Premier Valley Transport, Inc
307 E 21st Street
Bakersfield, CA 93305
19879
16988
39152
A 1,000,000
X X 0100278565-1 1/17/2025 1/17/2026 100,000
5,000
1,000,000
2,000,000
2,000,000
B 1,000,000
X X SMC1818723-01 1/17/2025 1/17/2026
C 2,000,000
X X USXTL0845625 1/17/2025 1/17/2026 2,000,000
10,000
D
X SAMTWC0054803 2/23/2024 2/23/2025 1,000,000 Y 1,000,000 1,000,000
Re: All California Operations
City of Bakersfield is named as additional insured, waiver of subrogation and primary wording applies respects General Liability and Auto Liability per attached . Waiver of subrogation applies on Work Comp per attached. Excess is following form. 30 day cancellation applies per attached City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
PREMVAL-01 TNOLAN
CoreMark Insurance Services Inc.
4430 Duckhorn Drive
Sacramento, CA 95834
Tammy Nolan, CISR
[email protected]
Kinsale Insurance Company
Security National Insurance Company
Upland Specialty Insurance Company
Service American Indemnity Company
X
X
X
X
X
X
X
X
X
X
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 0 . 0 2 0 % of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization
Blanket Waiver of Subrogation as required by written contract Job Description
Contract
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date:02/23/2024 Policy No. SAMTWC0054803 Endorsement No.

Policy Effective Date: 02/23/2024 to 02/23/2025 Premium $ Insured: Premier Valley Transport, Inc
DBA:

Carrier Name / Code: Service American Indemnity Company (Method) Countersigned by
WC 04 03 06
(Ed. 4-84)

Page 1 of 1 ends

Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON

OR ORGANIZATION
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Insured Person(s) or Organization(s) Location(s) of Covered Operations Blanket, as required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 0100278565-1
Attached To and Forming Part of Policy
Insured address shown on the Declarations
01/17/2025 12:01AM at the Named
Effective Date of Endorsement
Premier Valley Transport Inc
Named Insured
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED

OPERATIONS
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Insured Person(s) or Organization(s) Location and Description of Completed Operations Blanket, as required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 0100278565-1
Attached To and Forming Part of Policy
Insured address shown on the Declarations
01/17/2025 12:01AM at the Named
Effective Date of Endorsement
Premier Valley Transport Inc
Named Insured
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E POLICY NUMBER: SMC1818723-01 Premier Valley Transport, Inc. 01/17/2025 Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E POLICY NUMBER: SMC1818723-01
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E Premier Valley Transport, Inc 01/17/2025 SMC1818723-01 POLICY NUMBER: SMC1818723-01 Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-BLANKET Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
SECTION IV – CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following:

We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of “your work” done under a written contract with that person or organization wherein you have agreed to provide this waiver.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS4002 0110 Page 1 of 1
0100278565-1
Attached To and Forming Part of Policy
Insured address shown on the Declarations
01/17/2025 12:01AM at the Named
Effective Date of Endorsement
Premier Valley Transport Inc
Named Insured
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY LIMITATION - AMENDED AGGREGATE PER PROJECT OR LOCATION Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

SCHEDULE
General Aggregate applies to EACH LOCATION in the amount of:

Total ALL LOCATIONS Aggregate Limit:

General Aggregate applies to EACH PROJECT in the amount of: $3,000,000 Total ALL PROJECTS Aggregate Limit: $3,000,000
SECTION III – LIMITS OF INSURANCE – 2, is amended by the addition of the following:
d. The General Aggregate Limit applies separately to each "project" of the Named Insured or to each “location” of the Named Insured as indicated in the Schedule above.

Notwithstanding the application of the General Aggregate Limit to each "project" or each “location” of the Named Insured, under no circumstances will we pay more than the TOTAL ALL LOCATIONS AGGREGATE LIMIT or the TOTAL ALL PROJECTS AGGREGATE LIMIT shown in the Schedule above for all claims arising out of all “locations” or all “projects” as applicable under this policy.

The following are added to the DEFINITIONS section of this policy:
"Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, change orders or work done at multiple locations under one contract are not separate "projects" within the meaning of this coverage.
"Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS4005 0310 Page 1 of 1
0100278565-1
Attached To and Forming Part of Policy
Insured address shown on the Declarations
01/17/2025 12:01AM at the Named
Effective Date of Endorsement
Premier Valley Transport Inc
Named Insured
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE

ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE

PRODUCTS POLLUTION LIABILITY COVERAGE

PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE

ENVIRONMENTAL COMBINED LIABILITY POLICY - ALL COVERAGE PARTS The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS5003 0717 Page 1 of 1
0100278565-1
Attached To and Forming Part of Policy
Insured address shown on the Declarations
01/17/2025 12:01AM at the Named
Effective Date of Endorsement
Premier Valley Transport Inc
Named Insured
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMON CONDITIONS - CASUALTY
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE

LIQUOR LIABILITY COVERAGE

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE
This insurance is amended by adding the following provisions:

CANCELLATION
a. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation.
b. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
(1) Ten (10) days before the effective date of cancellation if we cancel for non-payment of premium; or (2) Thirty (30) days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured’s last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice.
d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this Policy is cancelled, we will send the first Named Insured any refund due subject to the minimum earned premium provisions of the Policy. If we cancel for reasons other than non-payment of premium, the refund will be pro rata. If we cancel due to non-payment of premium or if the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund.

NON-RENEWAL—the When We Do Not Renew Condition of the Policy is deleted and replaced with the following:
a. If we elect not to renew this Policy, we shall mail written notice to the first Named Insured at the address shown in the Declarations. Such written notice of non-renewal shall be mailed at least thirty (30) days prior to the end of the policy period.
b. If notice is mailed, proof of mailing will be sufficient proof of notice.

CHANGES
This Policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this Policy with our consent. This Policy's terms can be amended or waived only by endorsement issued by us and made a part of this Policy.

CAS2007 0222 Page 1 of 4
0100278565-1
Attached To and Forming Part of Policy
Insured address shown on the Declarations
01/17/2025 12:01AM at the Named
Effective Date of Endorsement
Premier Valley Transport Inc
Named Insured
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E

TERMS, CONDITIONS AND PREMIUMS
The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. On each renewal, continuation or anniversary of the effective date of the Policy or on an annual basis, the Company will determine the rate and premium and may amend the terms and conditions of the Policy in accordance with the rates and rules then in effect.

EXAMINATION OF YOUR BOOKS AND RECORDS
We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward.

TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY
Your rights and duties under this Policy may not be transferred without our written consent except in the case of death of an individual Named Insured.

If you die, your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties, but only with respect to that property.

SERVICE OF SUIT AND JURISDICTION
In the event of the failure of the Company to pay any amount claimed to be due under this Policy, the Company will submit to the jurisdiction of any United States federal court of competent jurisdiction within the United States of America or any court of competent jurisdiction in Canada. In the event there is no United States federal court of competent jurisdiction, the Company will submit to the jurisdiction of any other court of competent jurisdiction within the United States of America. All matters arising under this Policy shall be determined in accordance with the choice of law rules of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company’s rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States.

Service of process in any such suit may be made upon the President and Chief Executive Officer of the Company or his designee at the address shown on the Declarations of this Policy. In any suit instituted upon this contract and against the President and Chief Executive Officer of the Company or his designee, the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The President and Chief Executive Officer of the Company or his designee are authorized and directed to accept service of process.

Pursuant to any statute of any state, territory or district of the United States of America, the Company designates the Superintendent, Commissioner or Director of Insurance or other officer specified for the purpose in the statute, or his successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary under this Policy arising out of this contract of insurance. The Company designates the above-named as the person to whom said officer is authorized to mail such process or a true copy of such process.

To the extent this Service of Suit and Jurisdiction provision conflicts with applicable state law, it is hereby amended to comply with said law but only to the extent necessary to bring it within in the applicable law.

BINDING ARBITRATION
All disputes under this Policy shall be subject to binding arbitration as follows:
a. All disputes over coverage or any rights afforded under this Policy, including whether an entity or person is a Named Insured, an insured, an additional insured, or entitled to coverage under the Supplementary Payments provisions of this Policy or the effect of any applicable statutes or common law upon the contractual obligations CAS2007 0222 Page 2 of 4
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E owed, shall be submitted to binding arbitration, which shall be the sole and exclusive means to resolve the dispute.

Either party may initiate the binding arbitration.

The arbitration forum and process shall be agreed to by the parties. In the event the parties cannot agree on an arbitration forum and process, the matter shall be submitted to the American Arbitration Association. The arbitration shall be before a panel of three arbitrators, unless the parties agree to one arbitrator, all of whom shall have experience in insurance coverage of the type afforded by this Policy. If the parties select a panel of three arbitrators, each party shall select an arbitrator and the chosen arbitrators shall select a third arbitrator. The American Arbitration Association shall decide any disputes concerning the selection of the Arbitrators. The potential arbitrators from which the arbitrators shall be selected shall not be confined to those provided by the American Arbitration Association. Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and arbitration process. In the event of a single arbitrator, the cost shall be shared equally by the parties. The decision of the arbitration is final and binding on the parties. b. All disputes regarding payment(s) owed under this Policy for any deductible or premium, including but not limited to any audit premium, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the AAA Expedited Procedures. This arbitration shall be the sole and exclusive means to resolve the dispute. Either party may initiate the binding arbitration.

Each party will provide relevant documents in support of its position. In order to eliminate undue burden and expense, there shall be no other discovery allowed. The arbitration will be based solely on the documents submitted by the parties and there shall be no in-person or oral hearing. The disputes shall be decided by a single arbitrator. The arbitrator’s decision shall be accompanied by a reasoned opinion and shall be binding upon all parties. Any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such judgment or award. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s fee and any administrative fees associated with the arbitration.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

This Policy is amended by deleting the Transfer Of Rights Of Recovery Against Others To Us Condition and replacing it with the following:

TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
If any person or organization to or for whom we make payment under this Policy has rights to recover damages from another, those rights are transferred to us. That person or organization must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them.

This Policy is amended by deleting the Legal Action Against Us Condition and replacing it with the following:

LEGAL ACTION AGAINST US
No one may bring a legal action against us under this Policy unless there has been full compliance with all of the terms of this Policy. No suit, action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless it is commenced within twelve (12) months next after discovery by the insured of the occurrence which gives rise to the claim, provided however, that if by the laws of the state within which this Policy is issued, such limitation is invalid then any such claims shall be void unless such action, suit or proceeding is commenced within the shortest limit of time permitted by the laws of such state. We will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable Limit of Insurance.

CAS2007 0222 Page 3 of 4
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E This Policy is amended by deleting the Separation Of Insureds Condition and replacing it with the following:

SEPARATION OF INSUREDS
Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or “suits” is brought.

If the particular provision in this Policy uses the words “any insured” or “an insured”, however, this provision will not apply.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS2007 0222 Page 4 of 4
Docusign Envelope ID: B585DA29-83FF-4A59-B663-F8CFBFF6997E Certificate Of Completion
Envelope Id: B585DA29-83FF-4A59-B663-F8CFBFF6997E Status: Completed Subject: Complete with Docusign: Premier Valley Transport 2024-17 (1).pdf Source Envelope:

Document Pages: 18 Signatures: 1 Envelope Originator:

Certificate Pages: 4 Initials: 0 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
6/3/2025 2:13:31 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bakersfield Location: Docusign Signer Events Signature Timestamp
Natalie Elizalde
[email protected]
General Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 107.116.170.100
Signed using mobile
Sent: 6/3/2025 2:15:22 PM
Viewed: 6/4/2025 11:54:19 AM
Signed: 6/4/2025 11:54:27 AM
Electronic Record and Signature Disclosure:

Accepted: 6/4/2025 11:54:19 AM
ID: 8c0aab95-41bf-4961-bf40-6347d6893d7d
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/3/2025 2:15:23 PM
Certified Delivered Security Checked 6/4/2025 11:54:19 AM Signing Complete Security Checked 6/4/2025 11:54:27 AM
Completed Security Checked 6/4/2025 11:54:27 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Natalie Elizalde
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Bakersfield:

If you created a DocuSign account, you may update it with your new email address through your account preferences.

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 9, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2021-128 with Quad Knopf, Inc. (dba QK, Inc.). (extend term one year to June 30, 2026; expand scope of work to include Fiscal Year 2025-26) for On-Call Environmental Services for Non-Federally funded Capital Improvement Program projects
RECOMMENDATION:

Staff recommends approval of the amendment
BACKGROUND:

On June 16, 2021 Council awarded an agreement to Quad Knopf, Inc. (dba QK, Inc.) to provide on-call environmental services to expedite delivery of the capital improvement program (CIP). Environmental services are often necessary for CIP projects. Examples of these services include: performing biological reconnaissance surveys to comply with the Metropolitan Bakersfield Habitat Conservation Program, kit fox & bird protection training presentations, coordination with wildlife agencies, and other various consultant services related to environmental services. An on-call agreement for environmental services will enable staff to efficiently schedule and monitor these issues as they arise.

Amendment No. 1 was executed on June 26, 2024, which extended the term to June 30, 2025, to allow the consultant to continue to provide on-call environmental services for CIP projects.

This agreement will now expire on June 30, 2025. However, the Consultant is working on various projects that will not be completed by that expiration date. In order to allow the Consultant time to complete previously assigned projects, Amendment No. 2 extends the term of the agreement by one year, to June 30, 2026. This amendment provides for an expansion in the scope of work to include CIP projects in FY 2025-2026; however, there will be no increase in compensation. The total not-to-exceed compensation amount for this agreement will remain at the same level as identified in the original agreement, which was set at a not-to-exceed amount of $250,000.

Staff will issue a new Request for Qualifications in Spring 2026 to develop a new on-call environmental services agreement. This amendment will serve as a bridge until a new agreement is approved.

FISCAL IMPACT:

There is no City General Fund impact associated with this amendment as it only extendsthe time for which the on-call contractor can provide the services. The consultant will be paid out of each CIP project it is assigned. The CIP projects will be approved by City Council through the budget process.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Signed Amendment No. 2_2021-128

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 9, 2025
SUBJECT: Amendment No. 3 to Agreement No. 19-126 with MIG, Inc. (extend Time of Completion, increase Compensation by $25,920; revised not to exceed amount of $516,632) for design engineering services for Mesa Marin Sports Complex Phase 3 (Ward 3)
RECOMMENDATION:

Staff recommends approval of this amendment.

BACKGROUND:

The Mesa Marin Sports Complex (Project) is an 80-acre multi-phase park. The City has previously constructed Phases 1 & 2, which included amenities such as four softball fields, parking lots, landscaping and irrigation improvements, site lighting, sports lighting, passive areas, sidewalks, restroom & concession building, tot lot playground, spray park, dog park, picnic tables, group pavilion and a pedestrian railcar access bridge. Phases 1 and 2 were previously designed by Moore Iacofano and Goltsman, Inc. (MIG).

For Phase 3 of the Project, the City entered into a new design consultant agreement with MIG on July 17, 2019. MIG was chosen so this would ensure that the new phase matches the existing park in terms of equipment and amenity manufacturers, materials, compatible and complementary plant palettes, finishes, colors, and dimensions to achieve a seamless and cohesive park.

Mesa Marin Sports Complex Phase 3, which encompasses an area of approximately 14 acres, includesfour lighted regulation sized softball fields including LED Musco Sports Lighting; a prefabricated restroom and concession building; passive park areas with sod, landscaping and irrigation installation and various other amenities.

The construction agreement was awarded on November 29, 2023, and construction activities began in January 2024. This project is currently under construction and in order for MIG to continue providing design consultant services to the City for the remainder of the construction phase, the City wishes to extend the Time of Completion to December 31, 2025, and increase Compensation by $25,920 for a revised not to exceed amount of $516,632 for Agreement No 19-126 with MIG.

FISCAL IMPACT:

This project is entirely funded with Public Safety and Vital Services (PSVS) funds and Park Improvement Funds (PIF). There is no expansion in scope of work, only an extend of time to perform the work with an minor increase in cost the approval of Amendment No. 2 to Agreement No. 19-126.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Signed Amendment No. 3_19-126

2. Exhibit for Proposal_Amendment No. 3

DOCS\S7647-002\852867.2
AUTHORIZATION FOR ADDITIONAL SERVICES (AAS)

PROJECT
NAME:

PROJECT
LOCATION:

CONTRACT DATE: _____________________________
DATE:

PROJECT #
AAS#
CLIENT:

ADDRESS:

MIG hereby confirms authorization to proceed with additional services, based on the following:

Additional or Expanded Item in Scope of Services:

Change in Fee:

Original Fee:

Previous Authorizations for Additional Services:

Current Adjusted Fee:

Proposed Authorization for Additional Services:

New Adjusted Fee:

Payment
Schedule (if changed):

Adjustment to Project Schedule: ___________________________________________________ Approvals by Original Contract Signatories:

MIG, Inc. Client:

Signature and Title Signature and Title
Date: Date:

Bakersfield Mesa Marin Sports Complex Ph 3 5/15/2025 City of Bakersfield 5529.00 7/17/2019 2 City of Bakersfield Public Works Dept. City of Bakersfield Public Works Dept. 1501 Truxtun Avenue, Bakersfield, CA 93301 See attached Scope of Services. $ 490,712.00 $ 0.00 $ 490,712.00 $ 25,920.00 $ 516,632.00 Progressive Payments N/A Principal 5/22/2025 5/15/2025
Bakersfield Mesa Marin Sport Complex Ph3
Project #5529.00
AAS #2
Scope of Services:

Given that the Mesa Marin Ph3 project is extending beyond the expected completion date of July 2024, we are respectfully requesting to extend our Construction Support through December 31, 2025, which includes continued services including responses to request for information and submittals.
reviews.

Fee Breakdown:

Fullerton, CA, 92832
Attn: Holly De La Torre
562-325-1531
Holly de la Torre
<[email protected]>
Transmitted Via Email
Subject: Sports Complex at Mesa Marin Phase III Project

ADDITIONAL SERVICE REQUEST (ASR)
Extended Construction Admin Services
Civil Engineering Services
BKF Project No. 20191003-10
Dear Holly:

BKF Engineers is submitting this amendment for additional services for the Sports Complex at Mesa Marin Project.

Additional work was requested by the Owner outside the items described in our original proposal.

PROJECT UNDERSTANDING
All conditions of performance involved in this Add Service Request shall be in accordance with the provisions of the original contract proposal dated June 26, 2019, for work as described in the scope of work below.

This Add Service Request (ASR) is related to the extended project construction schedule

BASIS OF DESIGN
Our records show that the project was awarded in November 2023, with construction underway and civil items were expected to be completed by July 2024. Based on the current project schedule BKF is to extend Construction Support until December 31, 2025, this includes continued services including: responses to request for information and submittal reviews.

SCOPE OF SERVICES
TASK 1 – EXTENDED CONSTRUCTION SUPPORT
BKF to continue to provide -
1) Requests for Information – BKF will respond in writing to written requests for information associated with civil design items.
2) Submittal Review – BKF will review and return submittals for those items included in the scope of work.

Fee is calculated with an average of 2 hours per week until the projected completion date.

COMPENSATION
1) BASE SCOPE OF WORK:

BKF proposes to provide the services on a lump sum basis. We will invoice for our services on a percent complete basis per task summarized as follows:

Task Description Fee
1 Extended Construction Admin $14,000
Total Labor Fee $14,000
AGREED and ACCEPTED:

Signature Date
Name / Title:

Thank you for the opportunity to present this Add Service Request (ASR). We look forward to continuing providing assistance on this project. Please contact me at (949) 526-8465 if you have any questions regarding our scope of services.

BKF ENGINEERS
Bruce W. Kirby, PE
Associate Principal
cc: Vincent Lin – BKF

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 9, 2025
SUBJECT: Amendments to the following agreements with FFP BTM Solar, LLC for the installation of solar panels and battery storage infrastructure at Wastewater Treatment Plant #3:

1. Amendment No. 2 to Agreement No. 2020-191

2. Amendment No. 2 to Agreement No. 2020-199
RECOMMENDATION:

Staff recommends approval of the two amendments.

BACKGROUND:

On October 21, 2020, City Council awarded two agreements to FFP BTM Solar, LLC (Forefront Power) to install and operate a photovoltaic and energy storage system at Wastewater Treatment Plant #3, alongside other City owned properties.

Amendment No. 1 was executed on December 13, 2023, which extended the Construction Milestone Dates to June 30, 2025, to allow Forefront Power the necessary time to coordinate the proposed system design with PG&E through the interconnection process and the iterative redesign associated with it.

Amendment No. 1 also increased the ESA rate on the solar agreement by $0.0063 per kW/hr.

Upon completion of PG&E’s interconnection process, Forefront Power began the due diligence and design and engineering phase. During design and engineering, an unexpected, existing utility line was discovered to be in conflict with the proposed design and triggered a redesign of the system. The multiple redesigns have delayed the progress of both the photovoltaic system and energy storage system beyond the anticipated milestone dates set in Amendment No. 1 and have triggered a reassessment of the Energy Service Agreement (ESA) rates set for both the photovoltaic and energy storage system. To move forward with these projects, the new ESA rates will need to be increased and timelines extended. The increases are a result of increased labor, material, insurance, and operation and maintenance (O&M) costs since 2020, required redesigns from PG&E feedback, and required redesign related to an existing utility line in conflict.

Staff proposes to amend two agreements with Forefront Power to increase both ESA rates and modify the construction milestone dates at Wastewater Treatment Plant #3. A brief description of each proposed amendment is shown below:
 Amendment No. 2 to Agreement No. 2020-191 – There will be updates to the PPA rates and construction milestone dates. PPA rate adjusts from $0.0793 per kW/hr to $0.1089 per kW/hr.  Amendment No. 2 to Agreement No. 2020-199 – There will be updates to the Energy Storage System Size, ESA rates, and construction milestone dates. The Energy Storage System adjusts from 3,000 kW to 2,248.4 kW, and the ESA rate adjusts from $53.90 to $170.76.

Because these projects initiated in 2020, Forefront Power was able to lock in rebates and incentives for the solar energy and energy storage system under several state and federal programs. Several of these incentives are no longer available or set to decline in the near future. It is imperative that the City proceed with the projects to maintain ESA rates that include these incentives. If the City were not to move forward with these projects and chose to install these systems at a later date, the ESA rates would be much higher than the adjusted rates proposed in Amendment No. 2 due to the lack of incentives available.

The adjusted ESA rates are slightly higher than at initial agreement award, but these rates are still expected to be lower and more stable than PG&E prices over the 20-year term. These rates are a fixed, flat rate that helps the City budget accurately and hedge against future rate volatility.

Anticipated project completion at Wastewater Treatment Plant #3 is estimated to be January 2027.

FISCAL IMPACT:

Beginning this project in 2020 has given the City the opportunity to lock in a fixed, flat rate for lower cost solar energy before incentives disappear. This project has legacy status under the California NEM 2.0 Program. Because of this, if the project is completed by 2/14/2027, the project will save the Waste Water Plant 3 and our sewer enterprise fund, $11.8 million that would not be available in the future.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

WTP3 2020-191.Amendment 2_PX
WTP3 2020-199.Storage_PPA.Amendment 2_PX

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Acting Public Works Director
DATE: May 13, 2025
SUBJECT: Amendment No. 2 to Agreement 2021-264 with Parsons Transportation Group, Inc. (expanding scope to include support services during the construction; increasing total compensation $168,565.84; revised not-to-exceed $874,448.50) for the Friant-Kern Multi-Use Path Project. (Wards 3 & 4)
RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The Friant-Kern Canal Multi-Use Path Extension Project aims to enhance the quality of life for City residents by creating an important north/south extension of the Kern River multi-use path along the Friant-Kern Canal in Northwest Bakersfield. This project has been planned since it was identified within the 2013 Bicycle Transportation Plan. Since then, it has repeatedly been identified in numerous other plans that have been supported consistently by the majority of the community. This project is fully designed and permitted and 71% of the construction cost for this project is funded with State and Federal grants. 29% is funded with local funds. This project is a unique opportunity to improve the quality of life and public safety for bicyclists and pedestrians by leveraging State and Federal funding sources and increasing the value of this popular multijurisdictional community asset. It also provides important connectivity from neighborhoods to businesses, while also providing world-class recreational opportunities when combined with the 36.3-mile Kern River multi-use path.

The project features a 6-mile long, 12-foot-wide asphalt path with four-foot-wide shoulders on both sides.

The path will include appropriate striping, markings, roadside signs. Construction of the multi-use path also includes a bridge crossing over the BNSF Railroad, and a box-culvert undercrossing at the River Lakes Ranch Golf Course. The trail will offer significant benefits by providing an alternative transportation route and recreational space. It will serve as a vital interconnection to community parks, schools, shopping centers, and the Kern River Parkway. By providing an off-road, protected travel way. The multi-use path will also reduce the number of pedestrians and cyclists exposed to vehicular traffic along City streets, thereby enhancing safety and accessibility for non-motorized travelers.

Amendment No. 2 for Parsons Transportation Group Inc. provides compensation for support services required during construction for the project. City staff concurs with the amount and recommends approval of the amendment to Agreement 2021-264 for these support services in the amount of $168,565.84; total compensation revised not-to-exceed $874,448.50.

FISCAL IMPACT:

This project (P1K304) is predominantly funded through Congestion Mitigation Air Quality Improvement Program (CMAQ), Active Transportation Program (ATP), and Local Public Safety and Vital Services (PSVS) funds. There are sufficient funds available within the project to fund this amendment.

COUNCIL GOALS:

Safety and Resilience
Reliable Infrastructure
Community Character & Quality of Life
ATTACHMENTS:

Amendment 2 to Agreement 2021-264 - signed

AMENDMENT TO AGREEMENT
W:\1 - TRIP PROJECTS\21- Friant Kern Canal Multi-Use Path\100 - Project Control\110 - Expenditures\112 - Design Consultant Contracts\Parsons\Amendment 2\Amendmen 2 to Agreement 2021-264.doc Updated – August 15, 2022
-- Page 1 of 4 Pages --
AGREEMENT NO. __________________
AMENDMENT NO. [2] TO
AGREEMENT NO. 2021-264
This AMENDMENT NO. 2 TO AGREEMENT NO. 2021-264 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and PARSONS TRANSPORTATION GROUP INC., an Illinois Corporation authorized to do business in California (referred to herein as “DESIGN CONSULTANT”).

R E C I T A L S
WHEREAS, on November 17,2021, CITY and DESIGN CONSULTANT entered into Agreement No. 2021-264 (“AGREEMENT” herein), wherein DESIGN CONSULTANT would provide Design Services for the Friant Kern Canal Multi-Use Pathway Project (“PROJECT” herein) for an amount not to exceed $570,167.00; and
WHEREAS, on September 25, 2024 the parties amended the AGREEMENT to provide for support services needed during construction, environmental support during construction and close-out for the PROJECT as outlined in Exhibit A-1, attached hereto and incorporated herein by this reference, and extend the time needed to include this next phase of work; and WHEREAS, on September 25, 2024, as a part of Amendment 1 to the AGREEMENT, the Compensation was increased by a not-to-exceed amount of $135,715.66 as a result of this additional work, to be paid as outlined in Exhibit B1, attached hereto and incorporated herein by this reference; and WHEREAS, the parties desire to further amend the AGREEMENT, to continue to provide further support services needed during construction, environmental support during construction, and close-out for the PROJECTS as outlined in Exhibit A-2, attached hereto and incorporated herein by this reference; and
WHEREAS, the Compensation will also need to be increased by a not-toexceed amount of, $168,565.84 as a result of this additional work, to be paid as outlined in Exhibit B-2, attached hereto and incorporated herein by this reference.

1. Section 1 of the AGREEMENT entitled “SCOPE OF WORK” is hereby amended to read as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), DESIGN CONSULTANT must competently and thoroughly design and engineer the PROJECT as more specifically
described in the Request, attached as Exhibit A, Exhibit A-1, and Exhibit A-2 and incorporated herein by reference, and in DESIGN CONSULTANT’s scope of work and cost proposal, attached
hereto as Exhibit B, Exhibit B-1, and Exhibit B-2 and incorporated herein by this reference (collectively, the project description in the Request and DESIGN CONSULTANT’s scope of work are
referred to as “Scope of Work”). DESIGN CONSULTANT’s services shall include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not.

2. Section 2 of the AGREEMENT entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:

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

2.1 Actual Costs. CITY will reimburse DESIGN CONSULTANT’s actual costs (including labor costs, employee benefits, overhead, and other direct costs) in an amount not to exceed $874,448.50 exclusive of any fixed fee. Actual billable costs may differ from the proposal rates and direct costs in the DESIGN CONSULTANT’s fee proposal.

CITY will pay DESIGN CONSULTANT within 30 days after DESIGN CONSULTANT submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY.

The Compensation will be the total amount paid to DESIGN CONSULTANT for performing the Scope of Work and includes, but not limited to, all out of pocket costs and taxes. CITY will pay no

PUBLIC WORKS DEPARTMENT
By:____________________________

ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________

ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance:____________
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director

Sensitive#
Scope of Work:

1.0 FRIANT KERN CANAL

1.1 Design Support During Construction

1.2 Environmental Support During Construction

1.3 As-Builts
See Task 1 Breakdown
Exhibit A-2
Sensitive#
Staff - Project Role TOTAL DIRECT

PROGRAM DIRECTOR SENIOR STRUCTURES SENIOR ENGINEER ENGINEER II ENGINEER I ENVIRONMENTAL ANALYST / CAD PROJECT

CONTROLS LABOR LABOR
$135.50 $105.00 $64.70 $51.75 $40.54 $66.06 $40.54 $57.96 HOURS COSTS 1 Project Management - 20.00 30.00 0.00 0.00 0.00 0.00 0.00 54.00 104.00 $8,989.84

1.1 Friant Kern Bike Path RFI, CCOs, and Construction Support 30.00 80.00 80.00 0.00 200.00 0.00 200.00 0.00 590.00 $33,857.00

1.2 Environmental / Reclamation Support 40.00 0.00 0.00 0.00 0.00 120.00 0.00 0.00 160.00 $13,347.20

1.3 As-builts - Alignment, Structures 0.00 40.00 0.00 40.00 3.00 0.00 0.00 0.00 83.00 $6,391.62

TOTAL LABOR HOURS AND DIRECT LABOR COSTS
TOTAL LABOR HOURS 90.00 150.00 80.00 40.00 203.00 120.00 200.00 54.00 937.00 TOTAL DIRECT LABOR COSTS $12,195.00 $15,750.00 $5,176.00 $2,070.00 $8,229.62 $7,927.20 $8,108.00 $3,129.84 $62,585.66 Overhead 115.80% $72,474.19
Profit 10% $13,505.99
$148,565.84
Notes:

OTHER DIRECT COSTS UNIT TOTAL ODC's
Mileage LS $0.00
Auto Rental LS $0.00
Printing LS $0.00
Lodging LS $0.00
Per Diem LS $0.00
Postage/Delivery LS $0.00
$0.00

SUBCONSULTANT COSTS TOTAL SUB COSTS
TSG $20,000.00
$0.00
$0.00
$0.00
$0.00
$20,000.00
$168,565.84
Subconsultants

TOTAL SUBCONSULTANT COSTS
Task 1 - TOTAL ESTIMATED COST

FEE PROPOSAL - FRIANT KERN CANAL

LABOR HOURS AND COSTS
TASK NO. 1 TRIP Program Management/Technical Support

TOTAL LABOR COSTS
Other Direct Costs

TOTAL OTHER DIRECT COSTS
MOT/Bridge Traffic Support DSDC

Page 2 of 2 ends

Exhibit B-2

ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: April 1, 2025
SUBJECT: Freeway Litter Program

1. Amendment No. 16 to Agreement No. 13-072 with The Open Door Network (increasing compensation by $807,000; revised not to exceed $8,460,244 and extending term by six months) to continue litter and debris removal services.

2. Memorandum of Agreement with Kern Council of Governments to provide continuation of funding ($225,000) for the freeway litter program for Fiscal Year 2025/26.

3. Delegated Maintenance Agreement with Caltrans to provide continuation of funding ($252,000) and additional funds ($400,000) for the freeway litter program for Fiscal Year 2025/26.

RECOMMENDATION:

Staff recommends approval of the Amendment, Memorandum of Agreement, and Delegated Maintenance Agreement.

BACKGROUND:

On May 1, 2013, Council adopted the "Freeway Litter Program" and approved associated agreements with the Bakersfield Homeless Center (which is now The Open Door Network), California Department of Transportation (Caltrans), and Kern Council of Governments (Kern COG). These agreements allowed Caltrans and Kern COG to provide the funding for freeway litter removal services, while The Open Door Network crews performed the work.

The Litter Program has been a success at minimal cost to the City. The freeways, bike paths and other areas are cleaned regularly, and The Open Door Network clients receive income from the program which has helped to facilitate housing solutions for clients and their families. The City also continues to receive awards and recognition for this innovative program. Due to the success of the program, additional City Departments have budgeted to use The Open Door Network for seasonal clean-up services within their respective functions and the program has proven to be cost effective for seasonal clean-ups.

Item 1 -Amendment No. 16 to Agreement No. 13-072 with Open Door Network:

Agreement No. 13-072 was approved on May 1, 2013, and provided for litter removal services with annual compensation not to exceed $561,600. This Agreement was for a one-year term, with four annual renewal options. The following Amendments were approved:
 Amendment No. 1 (April 16, 2014) extended term to June 30, 2015, and added $129,040 to the Agreement (revised not to exceed $690,640).
 Amendment No. 2 (May 21, 2014) added Kern Cog's $150,000 commitment to the Program (revised not to exceed $840,640).
 Amendment No. 3 (June 24, 2015) extended term to June 30, 2016, and added $561,588 to the Agreement (revised not to exceed $1,402,228).
 Amendment No. 4 (June 29, 2016) extended term to June 30, 2017, and added $561,588 to the Agreement (revised not to exceed $1,963,816).
 Amendment No. 5 (June 7, 2017) extended term to June 30, 2018, with a renewal option of five years and added $561,588 to the Agreement (revised not to exceed $2,525,404).  Amendment No. 6 (June 6, 2018) extended term to June 30, 2019, and added $591,640 to the Agreement (revised not to exceed $3,117,044).
 Amendment No. 7 (June 28, 2019) extended term to June 30, 2020, and added $544,640 to the Agreement (revised not to exceed $3,661,684).
 Amendment No. 8 (June 24, 2020) extended term to June 30, 2021, and added $495,640 to the Agreement (revised not to exceed $4,157,324).
 Amendment No. 9 (March 17, 2021) added $50,000 to the Agreement (revised not to exceed $4,207,324).
 Amendment No. 10 (June 2, 2021) added $957,640 to the Agreement (revised not to exceed $5,164,964).
 Amendment No. 11 (June 15, 2022) Bakersfield Homeless Center merged with sister agency and assigned all amendments to newly formed entity The Open Door Network; extended the term of the agreement to June 30, 2023, and added $550,640. to the Agreement (revised not to exceed of $5,715,604).
 Amendment No. 12 (October 15, 2022) added $330,000 to the Agreement (revised not to exceed $6,045,604).
 Amendment No. 13 (December 14, 2022) updated compensation rate for 2023 due to minimum wage increase. No additional funds were necessary since there were sufficient funds in the agreement to continue highway litter removal services through the current term of the agreement (June 30, 2023).
 Amendment No. 14 updated the term through June 30, 2024, and added $807,640 to the Agreement (revised not to exceed $6,853,244).
 Amendment No. 15 updated the term through June 30, 2025, and added to the $800,000 to the Agreement (revised not to exceed $7,653,244).

Proposed Amendment No. 16 will extend the term of the agreement by six months and will expire on December 31, 2026. The agreement provides for a one-year renewal at the discretion of the City and would add $807,000 to the agreement. If approved, the revised not to exceed compensation would be $8,460,244.

Item 2 - Memorandum of Agreement (MOA) with Kern COG:

Kern COG has provided funding for freeway litter removal services since the program's inception. The proposed MOA continues the partnership between Kern COG, The Open Door Network, and the City to meet the Council's goal of beautification of the City. The MOA provides $225,000 of funding for Fiscal Year 2025-26.

Item 3 - Agreement with Caltrans:

Delegated Maintenance Agreement between Department of Transportation (Caltrans) and City of Bakersfield for Litter Pickup. Caltrans Headquarters Division of Maintenance will provide continuation of funds in the amount of $252,000 for FY 2025/2026 and has authorized an additional amount of $400,000 of Clean California funds as part of a three-year term for litter pickup. Which shall be expended prior to June 30, 2027.

FISCAL IMPACT:

Funding for this amended agreement will come from Caltrans ($552,000) and Kern Cog ($225,000), with the balance coming from Solid Waste Funds. Thus, there will be no impact to the General Funds. The plan to conduct an RFP for new services could result in lower costs in the future.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

1. Agreement

2. Memorandum

3. Maintenance Agreement
-- Page 1 of 5 Pages --
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 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 -- Page 2 of 5 Pages --
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, 2025, 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.

Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 -- Page 4 of 5 Pages --

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]
-- Page 5 of 5 Pages --
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 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Docusign Envelope ID: A96709F9-459F-425E-8FFE-2770271D8F42 Certificate Of Completion
Envelope Id: A96709F9-459F-425E-8FFE-2770271D8F42 Status: Completed Subject: Complete with Docusign: Open Door Network 13-072 (16).pdf Source Envelope:

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of property, including the property of KERN COG, or physical injury to or death of any person or persons, including KERN COG's officers, agents and employees, which may arise out of any act or omission of the CITY, its officers, agents, independent contractors or employees during the performance of this Agreement.

8. No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other breach, or of such provision. Failure of either Party to enforce at any time, or from time-to-time, any provision of this Agreement shall not be construed as a waiver thereof.

The remedies herein reserved shall be cumulative and in addition to any other remedies in law or equity.

9. Should any part, term, portion, or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the Parties intended to enter into in the first instance.

10. This Agreement contains the entire agreement of the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged.

11. The terms of this Agreement shall be construed and interpreted under, and all respective rights and duties shall be governed by, the laws of the State of California.

12. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other Party by the Party giving such notice or may be served by certified mail, return receipt requested, to the following addresses:

TO KERN COG:

TO CITY:

Ahron Hakimi, Executive Director
Kern Council of Governments
1401 19th Street, Suite 300
Bakersfield, California 93301
Zachary Meyer
Public Works Department
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301

13. The individual executing this Agreement on behalf of each Party warrants that he/she is authorized to execute the Agreement on behalf of their agency and that the agency will be bound by the terms and conditions contained herein.

14. CITY acknowledges that CITY, and all subcontractors hired by CITY to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). CITY is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by CITY to perform services under this Agreement are in compliance with the IRCA. In addition, CITY agrees to indemnify, defend and hold harmless KERN COG, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that CITY's employees, or the employees of any subcontractor hired by CITY, are not authorized to work in the United States for CITY or its subcontractor and/or any other claims based upon alleged IRCA violations committed by CITY or CITY's subcontractor(s). 2 15. CITY agrees to maintain and make available to KERN COG accurate books and records relative to all its activities under this Agreement. CITY shall permit KERN COG to audit, examine and make excerpts and transcripts from such records, and to conduct audits of all invoices, materials, and records of personnel or other data related to all other matters covered by this Agreement. CITY shall maintain such data and records in an accessible location and condition for a period of not less than three years from the date of final payment under this Agreement, or until after the conclusion of any audit, whichever occurs last. The State of California and/or any federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon KERN COG herein.

16. CITY shall observe and comply with all applicable state, federal, and local laws, ordinances, rules and regulations now in effect or hereafter enacted, each of which are hereby made a part hereof and incorporated herein by reference.

IN WITNESS WHEREOF, the Parties have caused this MEMORANDUM OF AGREEMENT to be executed by their respective officers and agents thereunto duly authorized as of the Execution Date.

APPROVED AS TO CONTENT:

Ahron Hakimi, Executive Director
Kern Council of Governments
Brian Van Wyk,
Deputy County C
For KERN COG
3 CITY OF BAKERSFIELD
Karen Goh
City of Bakersfield
"CITY"
APPROVED AS TO CONTENT:

Zachary Meyer, Director
City of Bakersfield Public Works Dept.

APPROVED AS TO FORM:

Ashley Zambrano
Deputy City Attorney II
City of Bakersfield
COUNTERSIGNED:

Randy McKeegan
Finance Director

Rev. 04/2025
TR 06-5-DL11
1 DELEGATED MAINTENANCE AGREEMENT
WITH the CITY of BAKERSFIELD
This Delegated Maintenance Agreement (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”) and the City of Bakersfield (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”

RECITALS

1. This AGREEMENT will identify the specific maintenance functions the LOCAL AGENCY will perform in the STATE right of way, including highway and freeway areas situated within LOCAL AGENCY’s jurisdictional limits as authorized under Streets and Highways Code Section 130.

2. The PARTIES executed (a) prior Delegated Maintenance Agreement dated May 1st, 2013 (Agreement No. 13-070). This AGREEMENT supersedes the prior Delegated Maintenance Agreement. The prior Delegated Maintenance Agreement will not remain in full force and effect. This AGREEMENT does not supersede other Freeway Maintenance
Agreements executed by the PARTIES, if any.

OPERATIVE PROVISIONS

1. Maintenance Services. LOCAL AGENCY shall perform maintenance operations at the State Route(s) (SR), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A to keep the facilities in a safe and operational condition. Maintenance Operations include but are not limited to litter, debris, and sweeping.

2. Prior Delegated Maintenance Agreements. This AGREEMENT supersedes the PARTIES’ prior Delegated Maintenance Agreements dated May 1st, 2013. The prior Delegated Maintenance Agreements will not remain in full force and effect. This AGREEMENT does not supersede other Freeway Maintenance Agreements executed by the PARTIES, if any.

3. Maintenance Standards. LOCAL AGENCY shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code Section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.

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2 4. Maintenance Areas and Services. LOCAL AGENCY shall only perform those maintenance services in the STATE right of way locations described in Exhibit A.

5. Amendment to Agreement. Changes to LOCAL AGENCY’s maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibits A, B and C and/or executing additional pages to Exhibit A that shall be attached to this AGREEMENT and will supersede the original Exhibits A, B and C. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE’s District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 06 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT.

6. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 6 Area Maintenance Superintendent, as shown in Exhibit C at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. His/Her email and phone number are listed on Exhibit C. LOCAL AGENCY shall provide the DMAC identified in this AGREEMENT with a litter, debris and sweeping schedule. Maintenance services shall be performed between the hours of 9:00 a.m. and 3:00 p.m. or as otherwise authorized by the State Representative, if necessary. LOCAL AGENCY must request through the DMAC prior written approval from STATE’s District Maintenance Supervisor to perform any maintenance services before 9:00 a.m. or after 3:00 p.m. and/or weekends and holidays.

7. Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibit A and amounts appropriated to STATE have been considered in setting authorized total dollar amounts. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.

8. Cost Reimbursement. STATE shall reimburse LOCAL AGENCY for LOCAL AGENCY’s actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE’s reimbursement shall not exceed the maximum authorized expenditures under this AGREEMENT.

9. Amendment to Approved Expenditures. Upon LOCAL AGENCY’s written request, the expenditures per route for maintenance services set forth in Rev. 04/2025
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3 Exhibit A may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such adjustments must be authorized in writing by the District Director or his/her authorized representative.

10. Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this AGREEMENT and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Exhibit A. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT.

11. Billing, Payment and Reporting.

11.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s DMAC each (month/quarter) beginning after the first
(month/quarter) LOCAL AGENCY has performed maintenance
services under this AGREEMENT. LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’s fiscal year on each June 30th.

11. 2 Billing Submission Format. Each billing invoice shall include all of the following:
(a)STATE’s AGREEMENT number;
(b)Date(s) of services;
(c)Location of services;
(d)Number of hours and hourly rates;
(e)Receipts for trash disposal; and
(f) Receipts for equipment, materials, and supplies.

STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibit A.

12. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not Rev. 04/2025
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4 limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.

13. Encroachment Permits. Before LOCAL AGENCY may enter STATE right of way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’s District 06 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT. STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY.

14. Legal Disposal of Litter Collected.

LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.

15. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines.

LOCAL AGENCY shall make arrangements through the STATE if traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services. STATE’s maintenance Supervisor or designee shall determine what protections are required at the worksite pursuant to applicable provisions of the STATE’s (Caltrans) Maintenance Manual, including but not limited to Volume 1, Chapter 8, Protection of Workers.

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5 16. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibit A.

17. Legal Relations and Responsibilities.

17.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.

17.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in
connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.

Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this AGREENEBT. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

17.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall Rev. 04/2025
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6 be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the STATE’s Area Maintenance Superintendent within twenty-four (24) hours when any such incident has occurred.

18. Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.

19. Insurance
Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess by delivering a Letter certifying Self-Insurance. The Letter of Self-Insurance must be substantially in the form of Exhibit B and identify the AGREEMENT number, and location as depicted in Exhibit A. LOCAL AGENCY shall provide the original Letter certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit B.

Self-Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess.

LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.

20. Budget Contingency. STATE’s payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act and the encumbrance of funding to STATE’s District Office.

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7 21. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. Either PARTY may terminate this AGREEMENT upon thirty (30) days’ prior written notice to the other PARTY.

22. Effective Date (Term) of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT.

23. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.

24. Default. If a PARTY fails to perform obligations assumed under this AGREEMENT, the non-defaulting PARTY may by written notice request that the default be remedied within thirty (30) calendar days. if the defaulting PARTY fails or refuses to do so, the non-defaulting PARTY may complete the obligations and seek reimbursement from the defaulting PARTY who shall pay the invoice within thirty (30) calendar days. If there is an immediate threat to maintain the structural integrity of, or prevent imminent danger of destruction to, the features shown on Exhibit A, either PARTY may perform necessary maintenance or remedial measures to maintain the structural integrity and/or prevent destruction of the features without notice or delay.

25. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

26. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

27. Party Representatives and Notices. All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been Rev. 04/2025
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8 fully given when made in writing and received by the PARTIES at their respective addresses listed on Exhibit C.

THE CITY OF BAKERSFIELD STATE OF CALIFORNIA
By: __________________________
Karen Goh, Mayor

DEPARTMENT OF TRANSPORTATION
Initiated and Approved
By: ___________________________
Zachary Meyer, Public Works
Director
By: ___________________________
John Liu, Deputy District Director
Maintenance and Operations
APROVED AS TO FORM:

By: __________________________
Ashley Zambrano, Deputy City
Attorney II
COUNTERSIGNED:

By: __________________________
Randy McKeegan, Finance
Director
4/10/25
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Bakersfield City CouncilJune 25, 2025

Bakersfield City Council
June 25, 2025