BAKERSFIELD CITY COUNCIL
POST-MEETING AGENDA
REGULAR MEETING
June 25, 2025, 5:15 p.m.
Council Chambers, City Hall, 1501 Truxtun Avenue
1. ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. PRESENTATIONS
4.a Proclamation to Keith Powell, Recreation Supervisor; Keith Howell, Parks Superintendent; and Darin Budak, Director of Recreation & Parks Department for the City of Bakersfield, declaring July 2025 as National Recreation and Parks Month in Bakersfield.
5. PUBLIC STATEMENTS
5.a Non-Agenda Item Public Statements
*5.a.1 Written material provided by NaTesha Johnson
*5.a.2 Written material provided by Tracy Spencer
*5.a.3 Written material provided by Maria Polite
*5.a.4 Written material provided by Antje Lauer
*5.a.5 Written material provided by Sharon Briel
*5.a.6 written material provided by Eddy Laine
5.b Agenda Item Public Statements
6. APPOINTMENTS
7. CONSENT CALENDAR
7.a Minutes
7.a.1 Approval of minutes of the June 11, 2025, Regular City Council Meetings.
Staff recommends approval of the minutes.
*7.a.1.1 Staff Memorandum
7.b Department Payments and Agreements
7.b.1 Receive and file payments from May 30, 2025 to June 12, 2025, totaling $23,997,504.66
as follows: department payments in the amount of $21,286,924.79, and Self Insurance payments in the amount of $2,710,579.87
Staff recommends receiving and filing the report.
7.b.2 Receive and file department agreements over $40,000 and under $100,000 between May 30, 2025
and June 12, 2025
Staff recommends receiving and filing the report
7.c Ordinances
7.c.1 Adoption of ordinance amending the Municipal Code Section 17.06.020 by changing the official zoning map from C-2 (Regional Commercial Zone) and A (Agriculture Zone) to C-2 (Regional Commercial Zone) on approximately 2.63 acres located at the northwest corner of Taft Highway and Michele Street. The applicant is LAV//Pinnacle Consulting & Engineering representing the Fred Giminiani 2008 Living Trust (GPA/ZC 24- 0372) (FR 5/28/25) (Ward 7)
City staff recommends adoption of the ordinance.
7.d Resolutions
7.d.1 Property Abatement Resolution for June 2025
Resolution confirming approval by the City Manager designee of the Code Enforcement Manager’s report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector.
Staff recommends adoption of resolution.
7.d.2 Resolution of Local Support of Congestion Mitigation and Air Quality (CMAQ) Projects for Federal Fiscal Years 2026-27
and 2027-28.
Staff recommends approval of the resolution.
7.d.3 Resolution of Local Support of Regional Surface Transportation Program (RSTP) Projects for Federal Fiscal Years 2026-27
and 2027-28 (Ward 2, 3 & 7)
Staff recommends approval of the resolution.
7.d.4 Resolution authorizing the City to enter into a Transportation Art Maintenance Agreement
with the California Department of Transportation for three murals located at Garces Circle; SR 204, SR 178 and Q Street, and California Avenue and SR 99; which will be maintained by the Public Works Department. (Ward 2) Staff recommends approval of the resolution.
7.d.5 Resolutions establishing the Fiscal Year 2025-26 sewer user rates and authorizing collection by the Kern County Auditor-Controller’s Office
(CPI Adjustments Only)
Staff recommends adoption of the resolution.
7.d.6 Fiscal Year 2025-26 refuse and recycling rates, collection of residential and commercial refuse,
and recycling charges, and delinquent refuse charges:
Resolutions establishing the Fiscal Year 2025-26 refuse and recycling rates and authorizing collection by the Kern County Auditor-Controller’s Office:
Resolution providing for the collection of residential and commercial refuse and recycling charges by the Kern County AuditorController’s Office for FY 2025-26 (CPI Adjustments Only).
1. Resolution providing for the collection of delinquent refuse charges by the Kern County Auditor- Controller’s Office.
2. Staff recommends adoption of the resolutions.
7.d.7 Elevator modernization at the BPD Headquarters
(Ward 2)
Resolution determining that elevator modernization work can most efficiently be procured through cooperative procurement bidding procedures from TK Elevator Corporation and authorizing the Finance Director to dispense with bidding.
1. Approve contract to TK Elevator Corporation for elevator modernization at the Bakersfield Police Department Headquarters in the amount of$423,350. 3. Authorize staff to approve, as necessary, up to $26,650 in City controlled contingency for unforeseen conditions encountered during the construction of the project for a total budget amount of $450,000.
2. Staff recommends approval of the agreement, and the City controlled contingency.
7.d.8 Resolution of Intention No. 2238
to Vacate the Alley between F and G Streets located behind 1820 18th Street (Ward 2)
Staff recommends the adoption of the resolution of intention. *7.d.8.1 Conflict of Interest Abstention
7.e Agreements
7.e.1 Agreement with Housing Authority County of Kern ($1,400,000) in HOMEARP for Supportive Services consisting of $300,000 for Supportive Services and $1,100,000 for Affordable Housing. (Ward 3)
Staff recommends approval of the agreement.
7.e.2 Agreement with Miller Mendel Inc. (not to exceed $119,000), for a web-based electronic Statement of Personal History software system
designed and developed to assist with pre-employment background investigations.
Staff recommends approval of this agreement.
7.e.3 Design Consultant Agreement with AECOM ($172,250) for sewer lift Rehabilitation – Gosford Road and McCutchen Road. (Ward 7) Staff recommends the approval of the agreement.
7.e.4 Agreement with K and I Services, Inc. (not to exceed $650,000), for organic and recyclable material hauling.
Staff recommends approval of the agreement.
7.e.5 Agreement with Meyer Civil Engineering, Inc. (not to exceed $158,400), for Well CBK-85 Construction Project professional engineering services. (Ward 5)
Staff recommends approval of the agreement.
7.e.6 Agreement for Instructional Services and MOU to maintain upgrade and operate the Olive Drive Fire Training Facility
Agreement for Instructional Services between the Kern Community College District and the City of Bakersfield and the County of Kern
1. Memorandum of Understanding to maintain upgrade and operate the Olive Drive Fire Training Facility. (City of Bakersfield – County of Kern – Kern Community College District)
2. Staff recommends approval of Agreement and Memorandum of Understanding.
7.e.7 Agreements with Willdan (ESCO) for Investment Grade Audit and Development and Implementation of Energy Efficiency Projects Agreement with Willdan Energy Solutions (no compensation at this time) to perform a preliminary Investment Grade Audit of City-wide facilities to develop energy savings projects.
1. Agreement with Willdan Energy Solutions (not to exceed $52,500) to perform an Investment Grade Audit to find energy savings related to Zero Emissions Infrastructure for the City’s Fleet Services Division.
2. Staff recommends approval of the agreements.
7.e.8 Amendment No. 1 to Agreement No. 2024-091 with MJS Solutions, LLC (increase compensation $40,000, revised not to exceed $120,000; and extend term to July 11, 2026) to continue commercial cleaning services at the Bakersfield Police Department Training and Logistics Offices located at 4550 California Avenue, Bakersfield, California 93309.
Staff recommends approval of the amendment.
*7.e.8.1 Staff Memorandum
7.e.9 Amendment No. 1 to Agreement No. 2024-165 with Henrietta Weill Memorial Child Guidance Clinic
(reduce grant award by $20,043, revised not to exceed $429,957; and extend term to December 31, 2025) for a socioecological model focused on using a public health approach to expand on gun violence reduction efforts.
Staff recommend approval of the amendment.
7.e.10 Amendment No. 2 to Agreement No. 2024-054 with Galls, LLC. (extend the term date to July 1, 2026) for the purchase of Outer Vest and Ballistic Vest Inserts for the Bakersfield Police Department.
Staff recommends approval of the amendment.
7.e.11 Amendment No. 1 to Agreement No. 2023-235 with Stay Focused Ministries (modify the scope of work, 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 gun violence reduction efforts.
Staff recommends approval of the amendment.
7.e.12 Amendment No.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.
Staff recommends approval of the amendment.
7.e.13 Amendment No. 2 to Agreement No. 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.
Staff recommends approval of the amendment.
7.e.14 Amendment No.1 to Agreement 2024-137 with the 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.
Staff recommends approval of the amendment.
7.e.15 Amendment No. 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.
Staff recommends approval of the amendment.
7.e.16 Amendment No.1 to Agreement No. 2025-052 with Open Door Network (extend term to July 31, 2025) to provide targeted outreach services to homeless individuals through the Community Connectors Pilot Project.
Staff recommends approval of the amendment.
7.e.17 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)
Staff recommends approval of the amendment.
7.e.18 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 PostEmployment Benefits Trust (OPEB) and Pension Stabilization Trust.
Staff recommends approval of amendment.
7.e.19 Amendment No. 2 to Agreement No. 2021-129 with Group Delta Consultants, 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.
Staff recommends approval of the amendment.
7.e.20 Amendment No. 1 to Agreement No. 2024-173 with Premier Valley Transport
(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.
Staff recommends approval of the amendment.
*7.e.20.1 Staff Memorandum
7.e.21 Amendment No. 2 to Agreement No. 2021-128 with Quad Knopf (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.
Staff recommends approval of the amendment
7.e.22 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)
Staff recommends approval of the amendment.
7.e.23 Amendments to Agreements No. 2020-191 and No. 2020-199 Energy Services Agreements - Solar and Energy Storage at WWTP3 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.)
1. Amendment No. 2 to Agreement No. 2020-199 - (There will be updates to the Energy Storage System Size, ESA rates, and
2.
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.)
Staff recommends approval of the amendments.
7.e.24 Amendment No. 2 to Agreement No. 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) Staff recommends approval of the amendment.
7.e.25 Freeway Litter Program
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
1. 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
2. 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.
3. Staff recommends approval of the Amendment, Memorandum of Agreement, and Delegated Maintenance Agreement.
7.e.26 Various Amendments to Design Consultant Agreements for On-Call Civil Engineering and Surveying Services
(extend term one year to June 30, 2026; no additional compensation, no expansion of scope of work) for Non-Federally funded Capital Improvement Program projects during Fiscal Years 2021-2022, 2022-2023 and 2023- 2024:
Amendment No. 2 to Agreement No. 2021-130 with AECOM
Technical Services, Inc.
1. Amendment No. 2 to Agreement No. 2021-131 with Meyer Civil Engineering, Inc.
2. Amendment No. 3 to Agreement No. 2021-132 with Provost & Pritchard Consulting Group.
3. Staff recommends approval of the amendments.
7.f Bids
7.f.1 Streetlighting Improvements along South Chester Avenue from Wilson Road to Union Avenue
Reject all Bids received for the Street Lighting Improvement Project for South Chester Avenue from Wilson Road to Union Avenue. (Ward 1) Staff recommends rejection of all bids.
7.f.2 Streetlighting Improvements along Easton Drive from California Avenue to California Avenue
Reject all bids for the installation of streetlights for the street lighting improvements along Easton Drive from California Avenue to California Avenue. (Ward 2)
Staff recommends rejection of all bids.
7.f.3 Streetlighting Improvements along Stine Road from Hosking Avenue to Panama Lane
Reject all Bids for Street Lighting Improvements on Stine Road from Hosking Avenue to Panama Lane. (Ward7)
Staff recommends rejecting all bids.
7.f.4 Street Lighting Improvements along Chester Ave from 34th Street to Columbus Street
Reject all Bids received for the street lighting improvement project for Chester Ave from 34th Street to Columbus Street. (Ward 3) Staff recommends rejection of all bids.
7.f.5 Street Lighting Improvements along Pacific St from Baker Street to Williams Street
Reject all Bids received for the street lighting improvement project for Pacific St from Baker Street to Williams Street. (Ward 2)
Staff recommends rejection of all bids.
7.f.6 Accept Bid and Award Contract for City Hall South Annex Remodel Accept Bid and approve contract with JL McDaniels Companies, Inc. (DBA McDaniels Construction) for $792,599.37
1. Authorize Change Order(s), as necessary, up to $80,000 in Citycontrolled contingency for unforeseen conditions encountered during construction of said project. (Ward 2)
2. Staff recommends acceptance of the 2nd Low Bid, approval of contract, and approval of City-controlled contingency.
7.f.7 Pavement Rehabilitation 24-25 SB1 - South H St from White Ln to Ming Ave Accept bid and approve contract with Griffith Company
($3,128,155.00) for the above referenced project
1. Authorize staff to approve, as necessary, up to $300,000 in Citycontrolled contingency for unforeseen conditions encountered during construction of project. (Ward 1)
2. Staff recommend acceptance of low bid, approval of contract, and approval of City-controlled contingency.
7.g Miscellaneous
7.g.1 Appropriate $2,350,000 Refuse Enterprise Fund Balance to the Public Works
Department’s Operating Budget within the Refuse Enterprise Fund.
Staff recommends approval of the appropriation.
7.g.2 Appropriate $160,285 in various State Grants to the Public Works Solid Waste Division’s operating budget
to fund the salary and operations for several community programs.
Staff recommends approval of the appropriation.
7.g.3 Appropriate $186,406 received from Kern County to the Police Operating budget within the general fund
for reimbursement of the Street Interdiction Team (SIT) for activities related to Assembly Bill 109.
Staff recommends approval of the appropriation.
7.g.4 Appropriate $2,500,000 Equipment Fund Balance to the Public Works Department’s operating budget
within the Equipment Management Fund.
Staff recommends approval of the appropriation.
7.g.5 Appropriate $1,715,565.22 Kern County Illegal Dumping Fund to the Public Works Department's operating budget
operating budget within the Refuse Enterprise Fund to fund the illegal dumping program.
Staff recommends approval of the appropriation.
7.g.6 Appropriate $100,000 CalAPP Grant to the Development Services Operating Budget
within the General Fund.
Staff recommends approval of the appropriation.
7.g.7 Class I Bike Path along County Dump Rd Appropriation Appropriate $28,512 in State Transportation Development Act (TDA) Article 3 funds to the Public Works Department’s Capital Improvement Program budget within the Transportation Development Act Article 3 Fund for said project (Ward 3)
Staff recommends the appropriation of funds.
7.g.8 Implementation of the Transformative Climate Communities Grant Program (Southeast Strong)
Appropriate $17,143,688 Transformative Climate Communities State Grant Revenue to the Transformative Climate Communities Fund in the Economic and Community Development Department Operating Budget.
1. Appropriate $3,606,931 Transformative Climate Communities State Grant Revenue to the Transformative Climate Communities Fund in the Public Works Capital Improvement Budget. (Ward 2)
2. Staff recommends approval of the appropriation of funds.
7.h Successor Agency Business
7.i Public Safety/Vital Services Measure
7.i.1 Amendment No. 3 to Agreement No. 2022-160 with Trans-West Security, Inc.
(increase compensation $500,000, revised not to exceed $1,993,904.40; extend term to June 30, 2026) to provide high-visibility patrol services.
Staff recommends approval of the amendment.
7.i.2 Amendment No. 2 to Agreement No. 2023-163 with Valley Pressure Pros Inc
(not to exceed $885,300) for the provision of biohazard cleaning services in the Downtown and Old Town Kern area. (Ward 2)
Staff recommends approval of the amendment.
8. CONSENT CALENDAR PUBLIC HEARINGS
9. HEARINGS
10. REPORTS
Public comments on each Report item will be received after Staff's presentation.
11. DEFERRED BUSINESS
Public comments on each Deferred Business item will be received after Staff’s presentation.
11.a Fiscal Year 2025-26 City Budget
Resolution Approving and Adopting the Operating and Capital Improvement Budgets for the City of Bakersfield, CA for the Fiscal Year 2025-26
1. Resolution Establishing the City of Bakersfield Appropriations Limit for Fiscal Year 2025-26
2. Resolution Approving and Adopting the Master Fee Schedule for the City of Bakersfield, CA for the Fiscal Year 2025-26
3. Staff recommends adoption of the resolutions.
do not approve all CIPs until mid year
*11.a.1 Staff Memorandum
12. NEW BUSINESS
Public comments on each New Business item will be received after Staff's presentation.
13. COUNCIL AND MAYOR STATEMENTS
14. CLOSED SESSION
15. ADJOURNMENT
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 11, 2025
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings –3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 PM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Kaur (seated at 3:34 p.m.), Councilmembers Arias (seated at 4:44 p.m.), Gonzales, Smith, Koman and Bashirtash
Absent: Councilmember Weir
2. PUBLIC STATEMENTS
2.a. Non-Agenda Item Public Statement
Michael Turnipseed, Kern Taxpayers Association, spoke regarding the budget (written material provided).
2.b. Agenda Item Public Statements
None.
3. REPORTS
None.
4. CLOSED SESSION
4.a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)(1) (one matter) Motion by Councilmember Gonzales adjourn to Closed Session at 3:38 p.m.
Closed Session reconvened at 5:00 p.m.
5. CLOSED SESSION ACTION
4.a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)(1) (one matter) No reportable action.
Vice Mayor Kaur arrived at 4:44 p.m.
6. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at 5:01 p.m.
Bakersfield, California, June 11, 2025 - Page 2
REGULAR MEETING - 5:15 PM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Kaur, Councilmembers Arias, Gonzales, Smith, Koman and Bashirtash
Absent: Councilmember Weir
2. INVOCATION
by Pastor Harry Marroquin, Pastor of Iglesia de Dios Pentecostal, Movimiento Intenacional Bakersfield
3. PLEDGE OF ALLEGIANCE
by Elias Velazquez, Junior at Bakersfield High School
4. PRESENTATIONS
4.a. Proclamation to Marivic Louey, Vice President of the Boys & Girls Clubs of Kern County Board of Directors, declaring the week of June 23, 2025, as National Boys & Girls Clubs Week in Bakersfield.
5. PUBLIC STATEMENTS
5.a. Non-Agenda Item Public Statements
1. Jackson Amburn spoke regarding support for the bicycle lanes.
2. Jeremy Rowell spoke regarding debris on city-owned property in his neighborhood (written material provided).
Mayor Goh requested staff coordinate with the responsible entity for the vacant lot located at the end of Westside Parkway near Stockdale Highway, which continues to attract illegal dumping, to address existing issues and explore preventative measures.
5.b. Agenda Item Public Statements
None.
6. APPOINTMENTS
None.
7. CONSENT CALENDAR
a. Minutes:
7.a.1. Approval of minutes of the May 28, 2025, Regular City Council Meetings. (Staff recommends approval of the minutes.)
b. Payments:
7.b.1. Receive and file department payments from May 16, 2025, to May 29, 2025, totaling $27,087,940.08 as follows: department payments in the amount of $24,263,457.08 and Self Insurance payments in the amount of $2,824,483.00. (Staff recommends receive and file report.)
Bakersfield, California, June 11, 2025 - Page 3
7. CONSENT CALENDAR continued
7.b.2. Receive and file department agreements over $40,000 and under $100,000 executed between May 16, 2025, to May 29, 2025.
(Staff recommends receive and file report.)
c. Ordinances:
7.c.1. First reading of an ordinance amending Bakersfield Municipal Code Section
1.12.050 by adding Annexation No. 711, Taft Highway No.4 consisting of approximately 1,058.92 acres to Ward 5, generally located on Taft Highway and Gosford Road. (Ward 5) (FR 05/28/25)
(Staff recommends first reading of the ordinance.)
ORD 5196
7.c.2. First reading of an ordinance amending Bakersfield Municipal Code Section
1.12.050 by adding Annexation No. 711, Taft Highway No. 4 consisting of approximately 1,058.92 acres to Ward 7, generally located at Taft Highway and Gosford Road. (Ward 7) (FR 05/28/25)
(Staff recommends first reading of the ordinance.)
ORD 5197
7.c.3. First reading of an ordinance amending Bakersfield Municipal Code Section
1.12.050 by adding Annexation No. 714, Snow No. 17 consisting of approximately
92.37 acres to Ward 4, generally located on the northwest corner of Snow Road and Calloway Drive. (Ward 4) (FR 05/28/25)
(Staff recommends first reading of the ordinance.)
ORD 5198
7.c.4. First reading of an ordinance amending Bakersfield Municipal Code Section
1.12.050 by adding Annexation No. 717, Zerker No. 2 consisting of approximately 207.54 acres to Ward 4, generally located east of Zerker Road, south of Seventh Standard Road. (Ward 4) (FR 05/28/25)
(Staff recommends first reading of the ordinance.)
ORD 5199
d. Resolutions:
7.d.1. Resolution approving the Fiscal Year 25-26 Capital Project list funded by Senate Bill 1, the Road Repair and Accountability Act 2017 and authorizing the Public Works Director to submit the project list to the California Transportation Commission. (Staff recommends adoption of the resolution.)
RES 061-2025
7.d.2. Resolution dedicating utility easement to Pacific Gas and Electric in city owned sump for electrical service to CBK-83 Tank and Booster Station. (Staff recommends adoption of the resolution.)
RES 062-2025
7.d.3. Resolution determining that Altec aerial trucks can most efficiently be obtained through cooperative procurement bidding procedures from Altec Industries, Inc. and authorizing the Finance Director to dispense with bidding for the purchase of four units in the amount of $799,375.
(Staff recommend adoption of the resolution and approval of the purchase.) RES 063-2025
Bakersfield, California, June 11, 2025 - Page 4
7. CONSENT CALENDAR continued
7.d.4. Resolution determining that Badger Meter water meters cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding and negotiate the purchase of Badger Meter water meters, not to exceed $1,500,000.
(Staff recommends adoption of the resolution.)
RES 064-2025
7.d.5. Resolution adding Area 4-298 to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director’s Report:
(6201 Auburn Street): Street Tier = 1; Park Tier = 0 – (Ward 3) (Staff recommends adoption of the resolutions.)
RES 065-2025
7.e. Agreements:
7.e.1. Agreement with The Segal Company for Healthcare Consulting, (not to exceed $108,000 in 2025-26, $108,000 in 2025-26, $108,000 in 2026-27 and the option to extend for $114,000 in 2027-28) for Healthcare Insurance Consultant Services. (Staff recommends approval of the agreement.)
AGR 2025-084
7.e.2. Agreement with Duane Morris ($800,000) for legal services through Fiscal Year 2025/2026 for water related cases.
(Staff recommends approval of the agreement.)
AGR 2025-085
7.e.3. Design Consultant Agreement with AECOM Technical Services, Inc. (not to exceed $229,773), to provide design and engineering services for the Wastewater Division Septage Processing Unit Project.
(Staff recommends approval of the Agreement.)
AGR 2025-086
7.e.4. On-call well and pump maintenance services for the Water Department, Fiscal Years 2025-2026 and 2027-2028
(Staff recommends approval of the agreements.)
1. Agreement with Bakersfield Well and Pump (not to exceed $2,500,000) AGR 2025-087
2. Agreement with South Valley Companies (not to exceed $2,500,000) AGR 2025-088
7.e.5. On-call construction services for the Water Department, Fiscal Years 2025-2026 and 2026-2027
(Staff recommends approval of the agreements.)
1. Agreement with GSE Construction Company (not to exceed $500,000) AGR 2025-089
2. Agreement with Unified Field Services (not to exceed $3,500,000) AGR 2025-090
Bakersfield, California, June 11, 2025 - Page 5
7. CONSENT CALENDAR continued
7.e.6. On-call Electrical Services for the Water Department Fiscal Years 2025-2026 and 2026-2027
(Staff recommends approval of the agreements.)
1. Agreement with A-C Electric Company (not to exceed $250,000) AGR 2025-091
2. Agreement with Braun Electric Company (not to exceed $250,000) AGR 2025-092
3. Agreement with Witcher Electric, Inc. (not to exceed $1,500,000) AGR 2025-093
7.e.7. Amendment No. 3 to Agreement No. 2022-185 with the Bakersfield Society for the Prevention of Cruelty to Animals (SPCA) (extend term until June 30, 2028) to manage and operate the City of Bakersfield Animal Care Center (CBACC) (Staff recommends approval of the amendment.)
AGR 2022-185 (3)
7.e.8. Amendment No. 4 to Agreement No. 2021-144 with CCS Facility Services (increasing compensation by $87,000; revised not to exceed $418,120) to continue the supply of janitorial maintenance for City Hall North.
(Staff recommends approval of the amendment.)
AGR 2021-144 (4)
7.e.9. Amendment No. 2 to Agreement No. 2023-303 with Silvas Oil Company, Inc. to expand the scope of work for the annual contract for fuel-bobtail/partial loads to supply R99 or R100 renewable fuel to comply with recent amendments to the Ini-Use Off-Road Diesel-Fueled Fleets Regulation approved by the California Air Resources Board (CARB).
(Staff recommends approval of the amendment.)
AGR 2023-303 (2)
7.e.10. Amendment No.1 to Agreement No. 2023-152 with Provost and Pritchard (extend term to February 28, 2026) to provide on-call civil engineering and technical support services.
(Staff recommends approval of the amendment.)
AGR 2023-152 (1)
7.e.11. Amendment No. 3 to Agreement No. 2024-157 Loop Electric, Inc. (increasing compensation by $800,000; revised not to exceed $1,619,100 and extending the term by one year), to continue the supply of vehicle loop cutting and streetlight repair service.
(Staff recommends approval of the amendment.)
AGR 2024-157 (3)
7.e.12. Granular Activated Carbon changeouts services for the domestic water system Fiscal Year 2025-2026
(Staff recommends approval of the amendments.)
Bakersfield, California, June 11, 2025 - Page 6
7. CONSENT CALENDAR continued
Item 7.e.12. continued
1. Amendment No. 2 to Agreement No. 2023-155 with Aqueous Vets (extend term by one year and increase compensation by $500,000; revised not to exceed $2,500,000).
ARG 2023-155 (2)
2. Amendment No. 3 to Agreement No. 2023-156 with Carbon Supply Inc. (extend term by one year and increase compensation by $1,500,000; revised not to exceed $5,000,000).
AGR 2023-156 (3)
7.e.13. Amendment No.1 to Agreement No. 2023-238 with J. L. Plank, Inc., DBA Cen-Cal Construction (increase by $500,000; revised not to exceed $4,071,500) to continue the supply of concrete construction.
(Staff recommends approval of the amendment.)
AGR 2023-238 (1)
7.e.14. Contract Change Order No. 15 to Agreement No. 2024-235 (7th Movement) with Granite Construction Company (increasing compensation by $60,504.09; revised not to exceed $27,492,341.88) for the Centennial Corridor EB58 to NB99 Loop Connector Project (7th Movement). (Wards 1 & 2)
(Staff recommends approval of the change order.)
CCO 2024-235 (15)
7.e.15. Contract Change Order No. 172 to Agreement No. 19-069 (Mainline Project) with Security Paving Company (increasing compensation by $25,000; revised not to exceed $151,890,840.08) for the Centennial Corridor Mainline Project. (Wards 1, 2 & 3)
(Staff recommends approval of the contract change order.) CCO 19-069 (172)
7.f. Bids:
7.f.1. Accept bid and approve an annual contract with Granite Construction Company ($11,000,000) for an annual contract to supply street materials. (Staff recommend acceptance of the bid and approval of the contract.) AGR 2025-094
7.f.2. Accept bid and approve annual contracts for Tree Trimming Service (Staff recommend acceptance of the bid and approval of the contracts.)
1. Agreement with Rancho Tree Service ($500,000).
AGR 2025-095
2. Agreement with General Tree Service ($500,000).
AGR 2025-096
7.g. Miscellaneous:
7.g.1. Central California American Planning Association Award of Excellence Letter from American Planning Association declaring the City of Bakersfield winner of the Award of Excellence for 2025 Transportation Planning.
(Staff recommends to receive and file.)
Bakersfield, California, June 11, 2025 - Page 7
7. CONSENT CALENDAR continued
7.h. Successor Agency Business:
None.
7.i. Public Safety/Vital Services Measure:
7.i.1. Amendment No. 1 to Agreement No. 2024-299 with Axon Enterprise, Inc. ($198,338.82; not to exceed $4,326,375.63), for a body worn camera system for the Bakersfield Police Department.
(Staff recommends approval of the amendment.)
AGR 2024-299 (1)
Councilmember Gonzales recused from item 7.f.2. for the purposes of a potential conflict related to SB1243.
Councilmember Arias left the dais at 5:33 p.m.
Motion by Vice Mayor Kaur to adopt Consent Calendar items 7.a. through 7.i. Motion approved with Councilmembers Arias and Weir absent.
8. CONSENT CALENDAR PUBLIC HEARINGS
8.a. Public Hearing to consider Fiscal Year 2025-2026 Budget, Park Landscape Assessment and Tax Collection resolution approving and adopting the Public Works Director’s Report for the Consolidated Maintenance District (CMD) and the 2025-2026 CMD budget confirming the park landscaping assessments and authorizing the collection of assessments by the Kern County Tax Collector. (Staff recommends receiving protest statements (if any), overriding protests (if any) and adopting the resolution.)
RES 066-2025
8.b. Public Hearing to consider Fiscal Year 2025-2026 Street and Median Landscaping Assessments resolution approving and adopting the Public Works Director’s Report for the Consolidated Maintenance District (CMD) and the 2025-2026 CMD budget confirming the street and median landscaping assessments and authorizing the collection of assessments by the Kern County Tax Collector. (Staff recommends receiving protest statements (if any), overriding protests (if any) and adopting the resolution.)
RES 067-2025
8.c. Public Hearing to consider the Fiscal Year 2025–2026 Assessments and Tax Collection for 26 Traffic Signal Maintenance Districts resolution approving and adopting the Public Works Director’s Report for twenty-six (26) Traffic Signal Maintenance Districts (“TSMD” herein) and the 2025-2026 Consolidated Maintenance District budget confirming the assessments and authorizing the collection of assessments by the Kern County Tax Collector.
(Staff recommends receiving protest statements (if any), overriding protests (if any) and adopting the resolution.)
RES 068-2025
Consent Calendar Public Hearing items 8.a. through 8.c. opened at 5:34 p.m.
No one spoke in opposition or support to staff’s recommendations.
Bakersfield, California, June 11, 2025 - Page 8
8. CONSENT CALENDAR PUBLIC HEARINGS continued
Consent Calendar Public Hearing items 8.a. through 8.c. closed at 5:35 p.m.
Councilmember Arias returned to the dais at 5:36 p.m.
Motion by Vice Mayor Kaur to adopt Consent Calendar Public Hearings 8.a. through
8.c. Motion approved with Councilmember Weir absent.
9. HEARINGS
9.a. Public Hearing to consider resolution adopting increase to Water Rates for domestic Water Service area Fiscal Year 2026 through 2030.
(Staff recommends adoption of the resolution.)
RES 069-2025
City Clerk Drimakis announced that a staff memorandum was provided transmitting comments from Ash Huang.
Assistant City Manager Hallen made staff comments.
Hearing item 9.a. opened at 5:39 p.m.
The following speakers spoke in opposition to staff's recommendation: Katie Bassey.
The following speakers spoke in favor of staff's recommendation: None.
Hearing item 9.a. closed at 5:41 p.m.
Water Resources Budak made additional staff comments and provided a PowerPoint presentation.
Motion by Councilmember Koman to approve staff’s recommendations. Motion approved with Councilmember Weir absent.
9.b. Public Hearing for the Fiscal Year 2025-26
(Staff recommends City Council hear public testimony.)
1. Fiscal Year 2025-26 proposed Operating & Capital Improvement Program Budget.
2. Status of City of Bakersfield Position Vacancies and Recruitment and Retention Efforts as required by Assembly Bill 2561 (Government Code Section 3502.3)
City Clerk Drimakis announced that a staff memorandum has been provided transmitting correspondence from Ashe Huang, ACLU, Southern California.
Assistant City Manager Hallen made staff comments.
Human Resources Director Tenter made staff comments and provided a PowerPoint presentation.
Mayor Goh recessed the meeting at 6:24 p.m.
Meeting reconvened at 6:29 p.m.
Public Hearing item 9.b. was opened at 6:30 p.m.
Bakersfield, California, June 11, 2025 - Page 9
9. HEARINGS continued
item 9.b. continued
The following speakers spoke in opposition to staff's recommendation: Emma De La Rosa, Ashe Huang, Rosa, Cecelia Delgado, Samuel Bautista, Valeria Garcia, Ariel Dyer (written material provided), Katie Bassey, Doctor Nora, Valerie Pinto, Robert Hooks, Elizabeth S., Daniel Betts.
The following speakers spoke in favor of staff's recommendation: Lauren Skidmore Rebuttal in opposition: none.
Rebuttal in favor: none.
Hearing item 9.b. closed at 6:56 p.m.
Councilmember Gonzales requested information regarding the operating hours of the mental health advocates assigned to the Communication Center, including data regarding the number and type of calls received outside their operating hours.
Councilmember Gonzales requested staff research potential strategies to increase funding for the Affordable Housing Trust Fund, including ways to enhance the trust fund overall. This will be reviewed as part of the mid-year budget process and consideration for possible future contingency programming.
Councilmember Kaur requested staff schedule budget-related meetings in the evening, beginning with the mid-year budget review, to encourage greater public engagement. She also requested staff explore the possibility of holding these meetings off-site at local libraries.
10. REPORTS
None.
11. DEFERRED BUSINESS
None.
12. NEW BUSINESS
None.
13. COUNCIL AND MAYOR STATEMENTS
None.
Bakersfield, California, June 11, 2025 - Page 10
14. ADJOURNMENT
Mayor Goh adjourned the meeting at 7:19 p.m.
______________________________
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST:
___________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent – Payments and Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: June 13, 2025
SUBJECT: Receive and file payments from May 30, 2025 to June 12, 2025 totaling $23,997,504.66 as follows: department payments in the amount of $21,286,924.79, and Self Insurance payments in the amount of $2,710,579.87.
RECOMMENDATION:
Staff recommends receiving and filing the report.
BACKGROUND:
In accordance with Bakersfield Municipal Code Section 2.08.020 the Finance Director must report the City's disbursements periodically to the City Council.
FISCAL IMPACT:
$23,997,504.66.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. 1-AP Check Register 6.25.25
2. Oracle AP Check Register 6.25.25
6/13/2025 CHECK REGISTER
FROM 05/30/2025 TO 6/12/2025
PAGE 1
Check Number Vendor Number Vendor Name Check Date Check Amount 775148 10204 ASSOCIATION BKFD POLICE OFFICER FCU Jun 6, 2025 $24,014.12 775149 10200 BAKERSFIELD CITY FIREFIGHTERS Jun 6, 2025 $7,732.89 775150 10211 BAKERSFIELD FIREMEN Jun 6, 2025 $14,043.78 775151 10203 BAKERSFIELD POLICE BENEFIT Jun 6, 2025 $36,365.15 775152 10205 MUTUAL BENEFIT ASSOCIATION Jun 6, 2025 $2,905.64 775153 26810 RELIASTAR LIFE INSURANCE CO Jun 6, 2025 $4,187.33 775154 22324 SEIU LOCAL 521 Jun 6, 2025 $24,151.73
775155 33184 EYEMED Jun 12, 2025 $5,757.59
775156 26810 RELIASTAR LIFE INSURANCE CO Jun 12, 2025 $5,036.66 775157 30027 U S BANK - PARS #6746022400 Jun 12, 2025 $7,415.51 775158 30029 UNITED CONCORDIA DENTAL PLANS OF CA Jun 12, 2025 $68,609.54 775159 30020 UNUM Jun 12, 2025 $7,109.46
9997601 30025 STATE DISBURSEMENT UNIT Jun 5, 2025 $21,770.48 9997602 10199 BAKERSFIELD CITY EMPLOYEE Jun 6, 2025 $210,899.00 9997603 30014 EMPLOYMENT DEVELOPMENT DEPT Jun 6, 2025 $360,069.13 9997604 10217 I C M A RETIREMENT TRUST-303749 Jun 6, 2025 $61,178.40 9997605 30010 IRS Jun 6, 2025 $950,233.01
9997606 16863 NATIONWIDE RETIREMENT SOLUTIONS Jun 6, 2025 $171,355.87 9997607 20699 VANTAGEPOINT TRANSFER AGENTS C/O Jun 6, 2025 $65,719.23 9997608 30028 BLUE SHIELD OF CALIFORNIA-P Jun 12, 2025 $705,431.70 9997609 30021 KAISER PERMANENTE Jun 12, 2025 $343,321.99 9997610 10206 STATE OF CALIF - PERS Jun 12, 2025 $1,636,363.32 22 Overall - Count
Overall - Total $4,733,671.53
$4,733,671.53
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 1
Payment
Number Fund Vendor Name Check Date Check Amount
798701 0110 A T & T 6/5/2025 $ 14,022.71
798702 0110 CALIFORNIA DEPARTMENT OF TAX AND FEE AD 6/5/2025 $ 1,327.00 798704 4410 CALIFORNIA WATER SERVICE 6/5/2025 $ 31,543.00 798705 4410 CALIFORNIA WATER SERVICE 6/5/2025 $ 11,202.65 798706 4410 CALIFORNIA WATER SERVICE 6/5/2025 $ 5,450.25 798708 4120 CALIFORNIA WATER SERVICE 6/5/2025 $ 54,959.16 798709 6130 COMMONWEALTH LAND TITLE CO 6/5/2025 $ 407,568.00 798710 0140 DOWNTOWN BUSINESS ASSOCIATION 6/5/2025 $ 10,000.00 798711 4120 EMPLOYMENT DEVELOPMENT DEPARTMENT 6/5/2025 $ 54,272.00 798712 0110 ESCRIBE SOFTWARE LTD 6/5/2025 $ 61,394.56
798713 1510 GREEN GRASS LAWN CARE 6/5/2025 $ 350.00
798714 4410 KERN COUNTY WATER AGENCY 6/5/2025 $ 25,180.58 798718 4310 PACIFIC GAS & ELECTRIC COMPANY 6/5/2025 $ 791,867.07 798719 4310 RAINBIRD VALLEY MUTUAL WATER COMPANY 6/5/2025 $ 13,357.76 798721 4120 SOCALGAS 6/5/2025 $ 15.77
798722 0140 SOCALGAS 6/5/2025 $ 160.89
798723 0110 SOUTHERN CALIFORNIA EDISON CO. 6/5/2025 $ 758.15 798724 4410 WATER ASSOCIATION OF KERN COUNY 6/5/2025 $ 2,500.00 798726 5110 ADVANCED DISTRIBUTION CO 6/5/2025 $ 4,458.05 798728 0110 BAKER SUPPLIES AND REPAIRS 6/5/2025 $ 2,057.13 798730 5110 BLACKHOLE TECHNOLOGIES INC 6/5/2025 $ 59,476.26 798733 0110 BOUND TREE MEDICAL LLC 6/5/2025 $ 15,066.33 798737 0140 BRADY INDUSTRIES 6/5/2025 $ 4,290.37
798739 5110 GOLDEN STATE PETERBILT 6/5/2025 $ 6,389.34
798741 0110 GRAINGER INC, W W 6/5/2025 $ 2,985.62
798748 0110 HOME DEPOT 6/5/2025 $ 10,325.16
798750 5110 JIM BURKE FORD 6/5/2025 $ 3,995.83
798752 5110 KERN MACHINERY INC 6/5/2025 $ 2,338.84
798756 0110 KERN TURF SUPPLY 6/5/2025 $ 13,457.81
798759 4120 LOWES HOME IMPROVEMENT 6/5/2025 $ 2,810.10
798761 0110 O'REILLY AUTO PARTS 6/5/2025 $ 1,680.39
798763 5110 RENEWELL FLEET SERVICE LLC 6/5/2025 $ 8,184.14 798767 4210 STINSON STATIONERS 6/5/2025 $ 6,857.94
798771 1910 TEL TEC SECURITY SYSTEM INC 6/5/2025 $ 98,009.61 798772 0110 TREK DIGITAL PRODUCTS INC 6/5/2025 $ 10,909.34 798774 5110 TYACK TIRES INC 6/5/2025 $ 6,873.03
798777 0140 VESTIS SERVICES LLC 6/5/2025 $ 4,468.41
798778 5110 A-1 ALTERNATIVE FUEL SYSTEMS 6/5/2025 $ 654.12 798779 4120 ABATE A WEED 6/5/2025 $ 1,062.41
798780 4120 ACCELERATED ENVIRONMENTAL SERVICES INC 6/5/2025 $ 19,914.00 798781 4120 AECOM TECHNICAL SERVICES INC 6/5/2025 $ 2,890.00 798782 5110 AFFINITY TRUCK CENTER 6/5/2025 $ 8,154.08
798785 0120 AIRCERT-REFUND 6/5/2025 $ 115.00
798786 0120 Ali Rasheed 6/5/2025 $ 140.00
798787 5110 ALL AMERICAN CARPET 6/5/2025 $ 1,341.17
798788 3120 ALL AMERICAN GLASS 6/5/2025 $ 1,070.44
798789 4510 ALPHA & OMEGA GARDENING INC 6/5/2025 $ 1,920.00 798790 5110 ALUMINUM CHUCK WAGON 6/5/2025 $ 11,479.89
798791 4210 AMAZING BOUNCE 6/5/2025 $ 745.00
798792 4210 AMERICAN INTERNATIONAL ENVIRONMENTAL 6/5/2025 $ 20,724.47 798793 0110 AMERICAN SAFETY SERVICES INC 6/5/2025 $ 1,084.75 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 2
Payment
Number Fund Vendor Name Check Date Check Amount
798794 0110 Andrae Gonzales 6/5/2025 $ 287.00
798795 0110 ASBESTOS SERVICES INC 6/5/2025 $ 200.00
798796 0110 ASCENT ENVIRONMENTAL INC 6/5/2025 $ 81,670.00 798797 3120 ASELA ENVIRONMENTAL INC 6/5/2025 $ 300.00
798798 5110 ATCO INTERNATIONAL 6/5/2025 $ 1,001.31
798799 5110 AUTO TINT WEST INC 6/5/2025 $ 467.03
798800 5110 AUTOZONE STORES INC 6/5/2025 $ 209.98
798801 4310 B & B SURPLUS 6/5/2025 $ 35.72
798802 4510 BACSCO 6/5/2025 $ 1,149.78
798803 5110 BAKERSFIELD CHRYSLER-JEEP 6/5/2025 $ 90.05
798804 0110 BAKERSFIELD IRRIGATION 6/5/2025 $ 1,194.90
798805 0120 BAKERSFIELD SENIOR CENTER 6/5/2025 $ 50.00
798806 5110 BAKERSFIELD TRUCK CENTER 6/5/2025 $ 205.56
798807 4410 BAKERSFIELD WELL & PUMP 6/5/2025 $ 51,448.50 798808 0140 BARNES WELDING SUPPLY 6/5/2025 $ 2,346.12
798809 4110 BATTERY SYSTEMS INC 6/5/2025 $ 112.93
798810 5110 BERCHTOLD EQUIPMENT CO 6/5/2025 $ 799.26
798811 0110 BERLA CORPORATION 6/5/2025 $ 4,500.00
798812 0120 BLUEPRINT SERVICE CO 6/5/2025 $ 27.28
798813 5110 BOBS WHOLESALE AUTO GLASS 6/5/2025 $ 418.98 798814 5110 BOBS WHOLESALE AUTO GLASS (USE 28341) 6/5/2025 $ 277.89 798815 0110 BOLLES NURSERY LANDSCAPE 6/5/2025 $ 979.66
798816 5110 BORN AGAIN BODYWORKS 6/5/2025 $ 713.21
798817 0140 BOVEE ENVIRONMENTAL MGMT INC 6/5/2025 $ 3,175.00 798818 3120 BOWMAN ASPHALT 6/5/2025 $ 74,210.00
798819 4310 BSK ASSOCIATES 6/5/2025 $ 1,272.50
798820 5110 BUDGET BOLT INC 6/5/2025 $ 95.80
798821 4210 BURRTEC KERN LLC 6/5/2025 $ 530.75
798822 4120 C W E A 6/5/2025 $ 589.00
798823 0110 CALIFORNIA LIVING MUSEUM 6/5/2025 $ 400.00
798824 1860 CALIFORNIA PARTNERSHIP FOR SAFE COMMUNI 6/5/2025 $ 16,196.34 798825 0110 Carina Y Ortiz 6/5/2025 $ 460.00
798826 0110 Cecelia E Griego 6/5/2025 $ 64.00
798827 4310 CEN-CAL CONSTRUCTION INC 6/5/2025 $ 61,616.10 798828 3120 CHAMPION HARDWARE 6/5/2025 $ 745.16
798829 0110 Chris Borden 6/5/2025 $ 643.00
798830 0110 Christopher S Bowles 6/5/2025 $ 60.66
798831 0110 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 6/5/2025 $ 41.84 798832 0110 CONTROLLED RESPONSE INSTITUTE 6/5/2025 $ 1,650.00 798833 4120 CRIDER CONSTRUCTION INC 6/5/2025 $ 8,896.05 798834 5110 CUMMINS PACIFIC LLC 6/5/2025 $ 38.28
798835 5110 CUTTING EDGE SUPPLY INC 6/5/2025 $ 1,260.03 798836 5110 DAVES FLEET MAINT & TOWING INC 6/5/2025 $ 275.00 798837 0110 DAVID JANES COMPANY 6/5/2025 $ 434.67
798838 0110 DE LAGE LANDEN FINANCIAL SERVICES,INC 6/5/2025 $ 599.84 798839 4410 DEE JASPAR & ASSOCIATES INC 6/5/2025 $ 7,059.73 798840 5110 DELL MARKETING L P 6/5/2025 $ 3,884.58
798841 0140 DUANE MORRIS LLP 6/5/2025 $ 1,802.50
798842 4110 DXP ENTERPRISES INC 6/5/2025 $ 5,317.91
798843 5110 ELBERT DISTRIBUTING 6/5/2025 $ 177.23
798844 0110 Elijah M Trail 6/5/2025 $ 540.75
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 3
Payment
Number Fund Vendor Name Check Date Check Amount
798845 5110 ENGINEERED AIR 6/5/2025 $ 33,914.73
798846 0110 ENVIROTEK CORPORATION 6/5/2025 $ 4,984.70
798847 0110 ERNEST PACKING SOLUTIONS INC 6/5/2025 $ 2,490.19 798848 0110 EWING IRRIGATION PRODUCTS 6/5/2025 $ 1,109.36 798849 5110 FAST UNDERCAR LLC 6/5/2025 $ 224.77
798850 0140 FEDEX 6/5/2025 $ 549.85
798851 0110 FERGUSON ENTERPRISES INC 6/5/2025 $ 202.78
798853 0110 FIRST CHOICE COFFEE SERVICES INC 6/5/2025 $ 267.14 798854 0110 FRESCO MEXICAN GRILL 6/5/2025 $ 18,186.00
798855 4410 FRUIT GROWERS LABORATORY INC 6/5/2025 $ 1,139.00 798856 3120 G H SLACK & SON 6/5/2025 $ 1,863.44
798857 0110 GARDENERS SUPPLY INC 6/5/2025 $ 686.31
798858 5110 GHA TECHNOLOGIES INC 6/5/2025 $ 844.29
798859 5110 GIBBS INTERNATIONAL TRUCK CENTER 6/5/2025 $ 1,103.58 798860 3110 GLOBAL CTI GROUP 6/5/2025 $ 2,835.00
798861 1810 GOLD COAST ELECTRIC INC 6/5/2025 $ 485.14
798862 3120 GOVERNMENT FINANCE OFFICERS ASSOCIATION 6/5/2025 $ 750.00 798863 5110 GRAYBAR ELECTRIC COMPANY 6/5/2025 $ 47.98
798864 0110 GREEN RUBBER - KENNEDY AG 6/5/2025 $ 193.47 798865 5110 GREGS PETROLEUM SERVICES INC 6/5/2025 $ 5,250.51 798866 0110 H & S HOSE & SUPPLY INC 6/5/2025 $ 376.86
798867 0110 HALL LETTER SHOP 6/5/2025 $ 444.64
798869 4210 HDR ENGINEERING INC 6/5/2025 $ 17,393.84
798870 0110 Heather M El Mallah 6/5/2025 $ 5,820.64
798872 0110 HOME DEPOT PRO 6/5/2025 $ 2,362.58
798873 0110 HUNSAKER BROTHERS CARNIE KETTLE CORN 6/5/2025 $ 2,100.00 798874 5110 HYDRAULIC CONTROLS INC 6/5/2025 $ 1,969.09
798875 0120 IMPACT SCIENCES 6/5/2025 $ 10,080.85
798877 0120 INTERNATIONAL CODE COUNCIL 6/5/2025 $ 2,702.06 798879 5110 JERRY & KEITHS INC 6/5/2025 $ 960.71
798882 0140 JOSES ORNAMENTAL SUPPLY INC 6/5/2025 $ 514.62 798883 0110 Joshua K Yates 6/5/2025 $ 643.00
798884 1810 Joshua Sanchez 6/5/2025 $ 299.00
798885 0110 Juan M Heredia 6/5/2025 $ 286.20
798886 5110 KELLAR EQUIPMENT HOSE AND REPAIR INC 6/5/2025 $ 730.69 798887 1910 Kelly Kathleen Sloan 6/5/2025 $ 628.93
798888 3120 KERN ASPHALT PAVING & SEALING 6/5/2025 $ 28,229.50 798889 0110 KERN COUNTY AGING AND ADULT SERVICE 6/5/2025 $ 275.00 798890 6110 KERN COUNTY CLERKS 6/5/2025 $ 50.00
798891 6110 KERN COUNTY CLERKS 6/5/2025 $ 50.00
798892 4210 KERN REFUSE DISPOSAL, INC 6/5/2025 $ 2,153,634.81 798893 0110 KERN RIVER POWER EQUIPMENT 6/5/2025 $ 811.84 798894 3120 KILLIAN PEST CONTROL 6/5/2025 $ 150.00
798895 1860 KIMLEY HORN & ASSOCIATES INC 6/5/2025 $ 27,271.84 798896 0110 KNIGHTS SITE SERVICES INC 6/5/2025 $ 139.98 798897 6130 KRAZAN & ASSOCIATES INC 6/5/2025 $ 3,800.00 798898 0110 Kris Cooper 6/5/2025 $ 232.00
798899 0110 L C ACTION SUPPLY INC 6/5/2025 $ 10,619.81
798900 0140 L N CURTIS & SONS 6/5/2025 $ 8,647.96
798901 0110 LAWSON PRODUCTS INC 6/5/2025 $ 399.55
798902 4120 LINDE GAS & EQUIPMENT DBA PRAXAIR 6/5/2025 $ 283.55 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 4
Payment
Number Fund Vendor Name Check Date Check Amount
798903 0110 LOOP ELECTRIC INC 6/5/2025 $ 5,610.00
798904 4120 M & M LANDSCAPE & CONCRETE 6/5/2025 $ 6,310.00 798905 4110 M & S SECURITY SERVICES 6/5/2025 $ 2,112.00 798906 0110 Manpreet K Sandhu 6/5/2025 $ 303.00
798907 5110 MAR-CO EQUIPMENT CORP 6/5/2025 $ 1,385.72
798908 1740 Mart A Brownfield 6/5/2025 $ 297.00
798909 0110 MEMORIAL OCCUPATIONAL MEDICINE 6/5/2025 $ 516.00 798910 0140 MERCY HOUSE LIVING CENTERS 6/5/2025 $ 465,841.30 798911 4210 METROPOLITAN RECYCLING LLC 6/5/2025 $ 66,459.45 798912 1110 MEYER CIVIL ENGINEERING INC 6/5/2025 $ 13,250.50 798913 4210 MICHELLI WEIGHING & MEASUREMENTS 6/5/2025 $ 5,839.58 798914 0110 Mikie K Barrett 6/5/2025 $ 166.57
798915 0110 MINUTEMAN PRESS 6/5/2025 $ 4,694.29
798916 0110 MIRACLE PLAYSYSTEMS INC 6/5/2025 $ 845.16
798917 0110 Monica E Medve 6/5/2025 $ 64.00
798918 4120 MOTION INDUSTRIES INC 6/5/2025 $ 1,654.17
798919 0140 MOUNTAIN TEK 6/5/2025 $ 523.60
798920 5110 MUNICIPAL MAINTENANCE EQUIP INC 6/5/2025 $ 2,214.28 798921 3120 MUNOZ CABINETRY LLC 6/5/2025 $ 4,837.50
798922 0110 Navdip S Grewal 6/5/2025 $ 80.00
798923 0110 NET TRANSCRIPTS, INC. 6/5/2025 $ 167.16
798924 4120 NEW GEN ENGINEERING GROUP INC DBA MCINT 6/5/2025 $ 32,560.00 798925 4310 NV5 INC 6/5/2025 $ 58,645.75
798926 0110 O'CONNOR PEST CONTROL 6/5/2025 $ 110.00
798927 0140 OAKLEAF GENERAL ENGINEERING CONSTRUCTIO 6/5/2025 $ 469.00 798928 5110 OFFICE1 6/5/2025 $ 81.86
798929 5110 ONE SOURCE PARTS LLC 6/5/2025 $ 13,382.79
798930 4120 OPEN & SHUT ENTERPRISES 6/5/2025 $ 330.00
798931 3110 ORDIZ MELBY INC 6/5/2025 $ 26,946.64
798933 3130 OVERLAND PACIFIC & CUTLER LLC 6/5/2025 $ 27,222.46 798934 6310 P & A ADMINISTRATION SERVICES INC 6/5/2025 $ 382.26 798935 4120 PACIFIC GAS & ELECTRIC COMPANY 6/5/2025 $ 49.81 798936 5110 PAPE KENWORTH 6/5/2025 $ 236.85
798937 6130 PARAGON PARTNERS LTD INC 6/5/2025 $ 5,643.75 798938 4210 PAYMENTUS 6/5/2025 $ 56.55
798939 0140 PENSINGER TRAILER RENTALS 6/5/2025 $ 54.07
798940 5110 PERFORMANCE TRUCK REPAIR 6/5/2025 $ 574.32
798941 4210 PIONEER PAINT 6/5/2025 $ 858.69
798943 4310 QK 6/5/2025 $ 5,262.36
798944 4110 QUINN COMPANY INC 6/5/2025 $ 3,133.29
798945 0110 Randy Mckeegan 6/5/2025 $ 801.16
798946 0110 RAYMONDS TROPHY AND AWARDS 6/5/2025 $ 63.46 798947 0110 READY REFRESH 6/5/2025 $ 168.41
798948 0110 ROBERT B JR MOSS 6/5/2025 $ 270.63
798949 0110 Robert E Smith 6/5/2025 $ 45.00
798950 5110 Rogelio G Mosqueda 6/5/2025 $ 530.00
798951 6110 RUBENS PIPELINE-REFUND 6/5/2025 $ 500.00
798952 0110 Ryan C Holland 6/5/2025 $ 49.00
798953 5110 SAFE SOFTWARE INC 6/5/2025 $ 1,260.00
798954 0140 Sandy E Simmonds 6/5/2025 $ 213.00
798955 0110 SCP DISTRIBUTORS LLC 6/5/2025 $ 229.19
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 5
Payment
Number Fund Vendor Name Check Date Check Amount
798956 0110 Sean B Morphis 6/5/2025 $ 460.00
798957 3120 SEQUOIA PAINT ENTERPRISE 6/5/2025 $ 188.13
798958 1740 Shane M Gardner 6/5/2025 $ 100.00
798959 0110 Shayla N Woods-Collins 6/5/2025 $ 4,288.52
798960 0110 SHERWIN WILLIAMS COMPANY 6/5/2025 $ 4,089.56 798961 4120 SILVAS OIL CO INC 6/5/2025 $ 4,394.87
798962 0110 SITEONE LANDSCAPE SUPPLY HOLDING 6/5/2025 $ 227.38 798963 5110 SJE DBA PRIMEX 6/5/2025 $ 4,950.00
798964 5110 SMITH & SON TIRE INC 6/5/2025 $ 555.01
798965 4210 SOIL CONTROL LAB INC 6/5/2025 $ 459.00
798966 5110 SOUTHSTAR ENGINEERING & CONSULTING, INC 6/5/2025 $ 2,231.25 798967 1740 STANDARD PLUMBING SUPPLY DBA FLOYDS 6/5/2025 $ 283.91 798968 4210 STARS AND STRIPES 6/5/2025 $ 3,300.00
798969 0140 STEVEN P KINNEY 6/5/2025 $ 889.00
798970 4120 SURFACE PUMPS INC 6/5/2025 $ 500.00
798971 0110 T-MOBILE USA 6/5/2025 $ 280.00
798973 0110 TARGET SPECIALTY PRODUCTS 6/5/2025 $ 9,657.61 798974 1910 TASMARK ENTERPRISES 6/5/2025 $ 3,500.00
798975 0140 TC WELDING & FABRICATION INC 6/5/2025 $ 480.00 798976 5110 THE DRALA PROJECT INC 6/5/2025 $ 149,780.64 798977 6110 THE HONEST PLUMBER-REFUND 6/5/2025 $ 226.00 798978 1110 THE MISSION AT KERN COUNTY 6/5/2025 $ 12,226.30 798979 0110 THE OPEN DOOR NETWORK 6/5/2025 $ 66,656.52
798981 6180 TODD GROUNDWATER 6/5/2025 $ 5,920.00
798982 0110 TONY M ALVIDREZ - REFUND 6/5/2025 $ 25.86
798983 1450 TOTAL LANDSCAPE MAINTENANCE 6/5/2025 $ 1,662.50 798984 6110 TOTAL TELCO SPECIALISTS INC-REFUND 6/5/2025 $ 1,436.00 798985 0110 TPX COMMUNICATIONS 6/5/2025 $ 2,787.35
798986 0110 U S BANK N.A. MINNESOTA 6/5/2025 $ 3,000.00 798987 3110 UNITED RENTALS NORTH AMERICA INC 6/5/2025 $ 19,265.35 798988 0110 USA SOFTBALL OF CENTRAL CALIFORNIA 6/5/2025 $ 5,450.00 798989 4120 USP TECHNOLOGIES 6/5/2025 $ 6,480.80
798990 0140 VCA BAKERSFIELD ANIMAL HOSPITAL 6/5/2025 $ 242.05 798991 1510 VERIZON WIRELESS 6/5/2025 $ 50,909.52
798992 0110 Veronica Y Martinez 6/5/2025 $ 4,847.56
798993 0140 VISION Y COMPROMISO 6/5/2025 $ 803.14
798994 1860 W A CONSULTING DBA MONEYWISE 6/5/2025 $ 82,172.91 798995 0110 WALKER-LEWIS RENTS 6/5/2025 $ 59.40
798996 6110 WEST VALLEY CONSTRUCTION-REFUND 6/5/2025 $ 800.00 798997 4410 WESTAIR GASES & EQUIPMENT INC 6/5/2025 $ 195.31 798998 5110 WESTCOAST HYDRAULICS 6/5/2025 $ 3,527.67
798999 0110 WHITE CAP CONSTRUCTION SUPPLY 6/5/2025 $ 55.68 799000 4110 WITCHER ELECTRIC INC 6/5/2025 $ 3,051.80
799001 5110 WRENS HYDRAULICS INC 6/5/2025 $ 105.85
799002 5110 A T & T 6/12/2025 $ 48,281.45
799003 0110 A T & T 6/12/2025 $ 1,075.00
799004 4310 ARVIN EDISON WATER STORAGE DISTRICT 6/12/2025 $ 107,239.07 799006 4120 C W E A 6/12/2025 $ 111.00
799007 0120 CALIFORNIA BUILDING OFFICIALS 6/12/2025 $ 930.00 799008 0110 CALIFORNIA SURFACE SOLUTIONS INC 6/12/2025 $ 5,550.00 799009 0110 CALIFORNIA SURFACE SOLUTIONS INC 6/12/2025 $ 700.00 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 6
Payment
Number Fund Vendor Name Check Date Check Amount
799010 4410 CALIFORNIA WATER SERVICE 6/12/2025 $ 6,186.37 799011 4410 CALIFORNIA WATER SERVICE 6/12/2025 $ 1,952.63 799012 4410 CALIFORNIA WATER SERVICE 6/12/2025 $ 2,229.82 799013 4410 CALIFORNIA WATER SERVICE 6/12/2025 $ 3,410.00 799015 4120 CALIFORNIA WATER SERVICE 6/12/2025 $ 35,808.77 799016 5110 CHARTER COMMUNICATIONS 6/12/2025 $ 487.52
799017 5110 CITY OF BAKERSFIELD 6/12/2025 $ 180.00
799018 4120 CITY OF BAKERSFIELD 6/12/2025 $ 7,126.55
799019 0110 Clarissa D Garcia 6/12/2025 $ 590.00
799020 0110 DEPARTMENT OF GENERAL SERVICES 6/12/2025 $ 252.75 799021 3210 DL BROWN CONSTRUCTION INC 6/12/2025 $ 23,760.00 799023 0110 EAST NILES COMMUNITY SERVICES 6/12/2025 $ 2,420.06 799024 4410 KERN COUNTY WATER AGENCY 6/12/2025 $ 1,865,966.00 799025 0110 KERN COUNTY WATER AGENCY 6/12/2025 $ 3,080.00 799026 4310 OILDALE MUTUAL WATER COMPANY 6/12/2025 $ 321,687.78 799027 0110 OILDALE MUTUAL WATER COMPANY 6/12/2025 $ 41.50 799029 4210 PACIFIC GAS & ELECTRIC COMPANY 6/12/2025 $ 334,940.26 799030 4120 SJVAPCD 6/12/2025 $ 898.32
799031 4310 SOCALGAS 6/12/2025 $ 41.37
799032 0110 VAUGHN WATER CO., INC. 6/12/2025 $ 12,375.67 799034 0110 CALIFORNIA WATER SERVICE 6/12/2025 $ 29,522.93 799037 5110 A-1 ALTERNATIVE FUEL SYSTEMS 6/12/2025 $ 6,787.08 799039 5110 ADVANCED DISTRIBUTION CO 6/12/2025 $ 5,711.15 799044 5110 ALUMINUM CHUCK WAGON 6/12/2025 $ 60,876.36
799047 5110 AUTOZONE STORES INC 6/12/2025 $ 17,583.57
799049 5110 BLACKHOLE TECHNOLOGIES INC 6/12/2025 $ 33,630.95 799053 0110 CLIFFORD & BROWN 6/12/2025 $ 13,540.07
799056 0110 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 6/12/2025 $ 22,340.92 799059 5110 FAST UNDERCAR LLC 6/12/2025 $ 9,798.68
799064 4410 FRUIT GROWERS LABORATORY INC 6/12/2025 $ 6,030.00 799069 0110 GALLS, LLC 6/12/2025 $ 44,054.01
799071 5110 GOLDEN EMPIRE TOWING INC 6/12/2025 $ 6,547.25 799072 5110 GOLDEN STATE PETERBILT 6/12/2025 $ 9,051.11 799076 5110 GRAINGER INC, W W 6/12/2025 $ 7,526.82
799078 3120 GRANITE CONSTRUCTION INC 6/12/2025 $ 148,743.94 799088 4510 HOME DEPOT 6/12/2025 $ 13,226.44
799092 5110 JIM BURKE FORD 6/12/2025 $ 10,821.49
799095 0110 KERN TURF SUPPLY 6/12/2025 $ 14,990.80
799097 0110 KILLIAN PEST CONTROL 6/12/2025 $ 1,680.00
799100 4310 LOWES HOME IMPROVEMENT 6/12/2025 $ 4,320.31 799102 0110 MEMORIAL OCCUPATIONAL MEDICINE 6/12/2025 $ 6,925.00 799104 4410 MEYER CIVIL ENGINEERING INC 6/12/2025 $ 29,554.00 799107 5110 MICHELIN NORTH AMERICA INC 6/12/2025 $ 43,645.70 799113 5110 O'REILLY AUTO PARTS 6/12/2025 $ 5,712.33
799115 3110 RLH FIRE PROTECTION 6/12/2025 $ 14,711.00
799117 5110 SAN JOAQUIN TIRES & WHEELS 6/12/2025 $ 5,292.28 799119 5110 SILVAS OIL CO INC 6/12/2025 $ 42,120.86
799120 5110 SMITH & SON TIRE INC 6/12/2025 $ 9,510.25
799122 0110 STANDARD PLUMBING SUPPLY DBA FLOYDS 6/12/2025 $ 681.59 799133 4210 VESTIS SERVICES LLC 6/12/2025 $ 4,212.75
799135 0110 WHITE CAP CONSTRUCTION SUPPLY 6/12/2025 $ 8,665.48 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 7
Payment
Number Fund Vendor Name Check Date Check Amount
799136 4410 A 1 ANSWERING SERVICE 6/12/2025 $ 334.66
799137 0110 AALAYAH GANDY 6/12/2025 $ 1,000.00
799138 4110 ABATE A WEED 6/12/2025 $ 324.74
799139 0110 ABC OCCUPATIONAL MEDICAL CENTER 6/12/2025 $ 5,220.00 799140 0110 ACC BUSINESS 6/12/2025 $ 1,567.66
799141 1860 ADVENTIST HEALTH BAKERSFIELD 6/12/2025 $ 249,987.00 799142 0110 AEG MANAGEMENT BAKERSFIELD LLC 6/12/2025 $ 1,193.75 799143 5110 AEGIS SAFETY COMPANY 6/12/2025 $ 45.00
799144 5110 AFFINITY TRUCK CENTER 6/12/2025 $ 2,806.53
799147 0110 ALEX BERNAL 6/12/2025 $ 250.00
799148 0140 ALL AMERICAN UNIFORMS LLC 6/12/2025 $ 288.46 799149 5110 ALL AUTOMATIC TRANSMISSION 6/12/2025 $ 3,689.13 799150 5110 ALL THAT LETTERING SIGN COMPANY 6/12/2025 $ 600.00 799151 0110 Amanda L Jackson 6/12/2025 $ 212.59
799152 4210 AMAROK LLC 6/12/2025 $ 41,512.93
799153 0110 AMERICAN RED CROSS 6/12/2025 $ 2,688.00
799154 0110 AMERIGAS 6/12/2025 $ 214.06
799155 1810 Amy E Hatfield 6/12/2025 $ 186.00
799156 0110 ANDREW ESQUIVEL 6/12/2025 $ 275.00
799157 0110 ANTHONY BACA 6/12/2025 $ 525.00
799158 5110 APPLIED LNG TECHNOLOGIES LLC 6/12/2025 $ 11,235.34 799159 1860 ARDURRA GROUP INC 6/12/2025 $ 10,739.00
799160 0110 ARGO CHEMICAL INC 6/12/2025 $ 1,890.64
799161 5110 ARMOR COATINGS 6/12/2025 $ 595.38
799162 0110 ASELA ENVIRONMENTAL INC 6/12/2025 $ 44,180.33 799163 0140 ASSUME SAFETY LLC 6/12/2025 $ 480.00
799164 0110 Aster A Isaac 6/12/2025 $ 514.00
799165 5110 AUTO TECH AND SMOG 6/12/2025 $ 1,159.34
799166 0110 AUTO TINT WEST INC 6/12/2025 $ 590.49
799167 5110 AUTOMOTIVE RADIATOR SERVICE 6/12/2025 $ 146.95 799168 4120 B & B SURPLUS 6/12/2025 $ 769.06
799169 0110 B S & E COMPANY INC 6/12/2025 $ 588.13
799170 0110 BACSCO 6/12/2025 $ 208.36
799171 0110 BAKER SUPPLIES AND REPAIRS 6/12/2025 $ 8,174.06 799172 4210 BAKERSFIELD ARC 6/12/2025 $ 1,157.63
799173 0110 BAKERSFIELD BLUEPRINT COPY INC 6/12/2025 $ 308.62 799174 0110 BAKERSFIELD CALIFORNIAN 6/12/2025 $ 357.08
799175 5110 BAKERSFIELD CHRYSLER-JEEP 6/12/2025 $ 1,188.04 799176 5110 BAKERSFIELD HARLEY DAVIDSON INC 6/12/2025 $ 2,421.25 799177 0110 BAKERSFIELD LOCK AND SAFE CO INC 6/12/2025 $ 54.13 799178 0120 BAKERSFIELD RUBBER STAMP CO 6/12/2025 $ 31.34 799179 5110 BAKERSFIELD TRUCK CENTER 6/12/2025 $ 167.94 799180 5110 BARNETT'S TOWING SERVICE INC 6/12/2025 $ 150.00 799181 5110 BEAR CLOUD 6/12/2025 $ 13,795.20
799182 5110 BEARCAT MFG INC 6/12/2025 $ 360.18
799183 0140 BENCHMARK POLYGRAPH & TRUTH ASSESSMENT 6/12/2025 $ 3,825.00 799184 0110 Benjamin W Henggeler 6/12/2025 $ 385.00
799185 5110 BERCHTOLD EQUIPMENT CO 6/12/2025 $ 9,567.76 799186 0110 Beth A Drasher 6/12/2025 $ 86.00
799187 0110 Bianca L Arvizu 6/12/2025 $ 2,289.00
799188 5110 BIG BRAND TIRE & SERVICE 6/12/2025 $ 292.74 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 8
Payment
Number Fund Vendor Name Check Date Check Amount
799189 3110 BLUEPRINT SERVICE CO 6/12/2025 $ 190.92
799190 5110 BOBS WHOLESALE AUTO GLASS 6/12/2025 $ 2,286.28 799191 5110 BORN AGAIN BODYWORKS 6/12/2025 $ 13,396.91
799192 0110 BOWMAN ASPHALT 6/12/2025 $ 28,208.72
799193 0110 BRADY INDUSTRIES 6/12/2025 $ 1,783.95
799194 0110 BRANDCO 6/12/2025 $ 124.08
799195 0110 Brian T Holcombe 6/12/2025 $ 136.00
799196 6110 BRINKMAN ABLE & ASSOCIATES PRIVATE INVE 6/12/2025 $ 550.00 799197 5110 BROCKS TRAILER 6/12/2025 $ 305.34
799198 4110 BSK ASSOCIATES 6/12/2025 $ 7,601.79
799199 0110 BUDGET BOLT INC 6/12/2025 $ 228.85
799200 5110 BUDS BRAKE & WHEEL PARTS 6/12/2025 $ 21.65
799201 4210 BURRTEC KERN LLC 6/12/2025 $ 530.75
799202 3120 C A RASMUSSEN INC 6/12/2025 $ 940,310.71
799203 0110 CA SURVEY & DRAFTING SUPPLIES 6/12/2025 $ 1,477.05 799204 5110 CALIFORNIA FUELS & LUBRICANTS 6/12/2025 $ 167,310.83 799205 4210 CALIFORNIA HIGHWAY ADOPTION CO 6/12/2025 $ 53,760.65 799206 4410 CARBON SUPPLY INC 6/12/2025 $ 115,383.68
799207 0110 CCS FACILITY SERVICES 6/12/2025 $ 7,050.35
799208 3120 CEN-CAL CONSTRUCTION INC 6/12/2025 $ 229,915.67 799209 1510 CEN-CAL CONSTRUCTION INC 6/12/2025 $ 295,689.03 799210 1110 CEN-CAL CONSTRUCTION INC 6/12/2025 $ 100,150.10 799211 3110 CENTENNIAL ASPHALT COMPANY 6/12/2025 $ 4,741.81 799212 5110 CENTRAL CALIFORNIA POWER INC 6/12/2025 $ 52.02 799213 5110 CERTEX USA, LLC 6/12/2025 $ 951.82
799214 0110 CHAMPION HARDWARE 6/12/2025 $ 498.30
799215 0110 Charles W Jordan 6/12/2025 $ 144.34
799216 0110 CHAUN DAVIS 6/12/2025 $ 920.00
799217 5110 CHESTER AVENUE BRAKE & SUPPLY 6/12/2025 $ 862.02 799218 1810 Christina Perkins 6/12/2025 $ 512.00
799219 0110 Christopher R Bagby 6/12/2025 $ 136.00
799220 0110 CHRISTOPHER ROBERTSON 6/12/2025 $ 425.00
799221 0110 CIMCO REFRIGERATION INC 6/12/2025 $ 1,737.33 799222 4120 CLARK PEST CONTROL INC 6/12/2025 $ 98.00
799223 0110 COBALT KINETICS 6/12/2025 $ 3,985.97
799224 0110 COMMUNITY ACTION PARTNERSHIP OF KERN 6/12/2025 $ 11,486.48 799225 1450 CONTACT SECURITY INC 6/12/2025 $ 17,619.84
799226 0110 CONTRABAND CONTROL SPECIALISTS INC 6/12/2025 $ 850.35 799227 0110 CONTROLLED RESPONSE INSTITUTE 6/12/2025 $ 1,500.00 799228 9110 CORE CONTRACTING INC 6/12/2025 $ 1,090.83
799229 0110 CRITTERS WITHOUT LITTERS 6/12/2025 $ 23,520.00 799230 0110 CVIN LLC DBA VAST NETWORKS 6/12/2025 $ 1,199.00 799231 0110 Darryl A Grimes II 6/12/2025 $ 136.00
799232 5110 DAVES FLEET MAINT & TOWING INC 6/12/2025 $ 225.00 799233 0110 DAVID JANES COMPANY 6/12/2025 $ 681.12
799234 3110 DAYS GENERATOR SERVICE INC 6/12/2025 $ 119,396.10 799235 4410 DEE JASPER & ASSOCIATES INC-REFUND 6/12/2025 $ 820.00 799236 0140 DELL MARKETING L P 6/12/2025 $ 5,433.15
799237 4210 DELTA LIQUID ENERGY 6/12/2025 $ 450.59
799238 0110 Dena N Murphy 6/12/2025 $ 136.00
799239 6110 DOMINIC BROWN-REFUND 6/12/2025 $ 247.51
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 9
Payment
Number Fund Vendor Name Check Date Check Amount
799240 0140 DONNOE & ASSOCIATES INC 6/12/2025 $ 1,230.00 799241 4310 DUANE MORRIS LLP 6/12/2025 $ 80,000.00
799242 5110 E J WARD INCORPORATED 6/12/2025 $ 321.98
799243 5110 ELBERT DISTRIBUTING 6/12/2025 $ 81.84
799244 4120 ELECTRIC MOTOR WORKS INC 6/12/2025 $ 14,823.44 799245 9110 ELEVEN WESTERN BUILD-MT VERNON 6/12/2025 $ 145.68 799246 0110 Elizabeth A Agerton 6/12/2025 $ 136.00
799247 0140 EMTS INC 6/12/2025 $ 50,701.00
799248 1740 ENVIRONMENTAL SAFETY SOLUTIONS 6/12/2025 $ 2,061.08 799249 0110 Eric A Celedon 6/12/2025 $ 460.00
799250 1810 EXCELLENCE IN ANALYTICS 6/12/2025 $ 7,000.00 799251 4120 FERGUSON ENTERPRISES INC 6/12/2025 $ 4,595.81 799252 0110 FFP FUND VI P2 PROJECTCO5 LLC 6/12/2025 $ 6,104.91 799253 0110 FFP FUND VI P2 PROJECTCO8 LLC 6/12/2025 $ 6,815.88 799254 0110 FIRST CHOICE COFFEE SERVICES INC 6/12/2025 $ 1,020.65 799255 5110 FLEET PRIDE INC 6/12/2025 $ 25.12
799256 5110 FLEET SERVICES TOWING INC 6/12/2025 $ 105.00 799257 5110 FLS SUPPLY 6/12/2025 $ 205.68
799258 9110 FP CONTRACTING, INC 6/12/2025 $ 41.94
799259 5110 FRED CUMMINGS MOTORSPORTS INC 6/12/2025 $ 55.16 799260 5110 Gabriel R Alvarado 6/12/2025 $ 85.25
799261 0110 GAME TIME 6/12/2025 $ 1,604.09
799262 0110 GARDENERS SUPPLY INC 6/12/2025 $ 415.69
799263 0140 GCI EQUIPMENT RENTAL 6/12/2025 $ 126.65
799265 5110 GRAYBAR ELECTRIC COMPANY 6/12/2025 $ 735.95 799266 0110 GREG LITTLE 6/12/2025 $ 150.00
799267 1810 Gregory L Terry 6/12/2025 $ 460.00
799268 5110 GREGS PETROLEUM SERVICES INC 6/12/2025 $ 2,883.64 799269 5110 H & S BODY WORKS & TOWING 6/12/2025 $ 50.00 799270 0110 HAAKER EQUIPMENT COMPANY 6/12/2025 $ 2,444.37 799271 3110 HARKER STRIPING INC 6/12/2025 $ 64,995.49
799272 0110 HAYLEE GONZALES 6/12/2025 $ 950.00
799273 3120 HIGHSTREET IT SOLUTIONS LLC 6/12/2025 $ 5,833.33 799274 0110 HOME DEPOT PRO 6/12/2025 $ 6,129.92
799275 0110 HOUSING AUTHORITY OF KERN COUNTY 6/12/2025 $ 3,475.49 799276 5110 HYDRAULIC CONTROLS INC 6/12/2025 $ 2,324.62 799278 0120 INTERWEST CONSULTING GROUP INC 6/12/2025 $ 427.50 799279 0110 IRON MOUNTAIN 6/12/2025 $ 176.24
799280 0110 J & E RESTAURANT SUPPLY INC 6/12/2025 $ 26.52 799281 0110 Jack W Tuszynski 6/12/2025 $ 385.00
799282 0110 Jeffery S Cecil 6/12/2025 $ 155.40
799283 0140 Jennifer M Byers 6/12/2025 $ 283.00
799284 5110 JERRY & KEITHS INC 6/12/2025 $ 1,237.50
799285 6110 JESUS GONZALEZ-REFUND 6/12/2025 $ 182.00
799286 5110 JIMS TOWING INC 6/12/2025 $ 100.00
799287 9110 JM STITT CONSTRUCTION, INC. 6/12/2025 $ 1,241.61 799288 0110 JOE MONTELONGO 6/12/2025 $ 250.00
799289 5110 Johnathen J Bejarano 6/12/2025 $ 151.80
799290 5110 Jonathan Garcia 6/12/2025 $ 53.00
799291 0140 JOSES ORNAMENTAL SUPPLY INC 6/12/2025 $ 45.64 799292 0110 Joshua M Finney 6/12/2025 $ 460.00
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 10
Payment
Number Fund Vendor Name Check Date Check Amount
799293 3120 JTS CONSTRUCTION INC 6/12/2025 $ 151,628.12 799294 0110 JUAN GARCIA 6/12/2025 $ 350.00
799295 0110 Juanita M Lee 6/12/2025 $ 159.04
799296 4210 K & I SERVICES INC 6/12/2025 $ 23,040.00
799297 0110 K C S O S 6/12/2025 $ 13,029.42
799298 3110 KERN ASPHALT PAVING & SEALING 6/12/2025 $ 26,000.00 799299 9110 KERN CO SUPT OF SCHOOLS 6/12/2025 $ 500.85
799300 1860 KERN COUNTY BLACK CHAMBER OF COMMERCE 6/12/2025 $ 13,516.51 799301 0110 KERN COUNTY PUBLIC HEALTH SERVICES DEPA 6/12/2025 $ 760.00 799302 4210 KERN COUNTY WASTE MANAGEMENT 6/12/2025 $ 132,970.98 799303 0110 KERN MASONRY STRUCTURES INC 6/12/2025 $ 6,273.96 799304 0110 KERN PRINT SERVICES INC 6/12/2025 $ 188.90
799305 4210 KERN REFUSE DISPOSAL, INC 6/12/2025 $ 194,037.83 799306 0110 KERN RIVER POWER EQUIPMENT 6/12/2025 $ 254.82 799307 4120 KERN SANITATION AUTHORITY 6/12/2025 $ 76,195.95 799308 0110 KEVIN DALMAS 6/12/2025 $ 400.00
799309 4210 KGET TV 6/12/2025 $ 13,272.00
799310 1810 Kim R Halbwachs 6/12/2025 $ 191.00
799311 4210 KNIGHTS SITE SERVICES INC 6/12/2025 $ 549.33 799312 5110 KOOL AUTO AIR 6/12/2025 $ 64.95
799313 0110 KWIK SIGNS INC 6/12/2025 $ 821.05
799314 0110 L N CURTIS & SONS 6/12/2025 $ 23,439.35
799315 0140 LEHIGH OUTFITTERS LLC 6/12/2025 $ 596.00
799316 5110 LEHR 6/12/2025 $ 383.48
799317 0110 LEVEL 3 COMMUNICATIONS LLC 6/12/2025 $ 2,526.53 799318 0110 LEXISNEXIS RISK SOLUTIONS INC 6/12/2025 $ 2,696.30 799319 0140 LINOS VENUE 6/12/2025 $ 500.00
799320 6110 LONI O'DONLEY 6/12/2025 $ 31.20
799321 5110 LUCKY SPOT AUTO BODY & PAINT 6/12/2025 $ 2,341.36 799322 9110 LUFKIN US ACQUISITIONS CO, LLC 6/12/2025 $ 1,186.83 799323 1810 Lynn A Martinez 6/12/2025 $ 213.00
799324 4120 M & S SECURITY SERVICES 6/12/2025 $ 2,112.00 799325 5110 MAR-CO EQUIPMENT CORP 6/12/2025 $ 4,886.17
799327 0140 MCCORMICKS LANDSCAPE SERVICES INC 6/12/2025 $ 7,054.00 799328 1860 MCDANIELS CONSTRUCTION 6/12/2025 $ 114,720.19 799329 0140 Mercedes J Mayers 6/12/2025 $ 213.00
799330 4210 MESA ENERGY SYSTEMS INC 6/12/2025 $ 17,252.00 799331 0110 MIGUEL CANTU 6/12/2025 $ 830.00
799332 4210 MINUTEMAN PRESS 6/12/2025 $ 6,887.77
799333 0140 Misty D Eaton 6/12/2025 $ 41.64
799334 0140 MOSS ADAMS LLP 6/12/2025 $ 42,577.50
799335 5110 MOTION INDUSTRIES INC 6/12/2025 $ 188.05
799336 5110 MOTOR CITY SALES & SERVICE 6/12/2025 $ 45,935.01 799337 5110 NAPA TRUCK & TRAILER 6/12/2025 $ 387.51
799338 4210 NATIONAL CINEMEDIA LLC 6/12/2025 $ 4,982.50 799339 0110 Navejot Badhesha 6/12/2025 $ 136.00
799340 4210 NGET 6/12/2025 $ 725.00
799341 1810 Nicole A Anderberg 6/12/2025 $ 299.00
799342 0110 NISHIKAWA PROPERTY MAINTENANCE INC 6/12/2025 $ 17,981.30 799343 0140 NORMAN A TRAUB ASSOCIATES 6/12/2025 $ 8,400.00 799344 0110 NOSSAMAN LLP 6/12/2025 $ 1,581.00
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 11
Payment
Number Fund Vendor Name Check Date Check Amount
799345 5110 OFFICE1 6/12/2025 $ 539.22
799346 4210 OGET 6/12/2025 $ 765.00
799347 4210 OLD RIVER FARMING COMPANY I LLC 6/12/2025 $ 18,942.72 799348 9110 OMNI MECHANICAL SOLUTIONS 6/12/2025 $ 1,495.84 799349 5110 ONE SOURCE PARTS LLC 6/12/2025 $ 8,014.45
799350 6310 P & A ADMINISTRATION SERVICES INC 6/12/2025 $ 12,303.47 799351 5110 P T O SALES CORP / TRUCKPRO LLC 6/12/2025 $ 1,284.28 799352 3160 PACIFIC GAS & ELECTRIC COMPANY 6/12/2025 $ 674,394.00 799353 3110 PACIFIC WEST SOUND 6/12/2025 $ 75,950.08
799354 5110 PAPE KENWORTH 6/12/2025 $ 7,258.78
799355 5110 PAPE MACHINERY INC 6/12/2025 $ 426.53
799356 5110 PARKHOUSE TIRE INC 6/12/2025 $ 1,762.09
799357 0110 PARKS, ROBERT 6/12/2025 $ 120.00
799358 1210 PARSONS TRANSPORTATION GROUP INC 6/12/2025 $ 131,627.68 799359 0110 Patricia L Rodriguez 6/12/2025 $ 217.42
799360 5110 PAYLESS TOWING 6/12/2025 $ 50.00
799361 5110 PERFORMANCE TRUCK REPAIR 6/12/2025 $ 4,251.96 799362 0110 PET WASTE ELIMINATOR BFT 6/12/2025 $ 1,472.20 799363 0110 Petra Martinez 6/12/2025 $ 598.00
799364 0110 PIONEER PAINT 6/12/2025 $ 1,351.98
799365 5110 POWER MACHINERY CENTER 6/12/2025 $ 2,859.28 799366 5110 POWERSTRIDE BATTERY CO INC 6/12/2025 $ 2,153.17 799367 9110 PR CONSTRUCTION INC 6/12/2025 $ 1,451.70
799368 4210 PREMIER VALLEY TRANSPORT INC 6/12/2025 $ 18,802.50 799369 0110 PRIMO BRANDS 6/12/2025 $ 313.66
799370 4610 PRO CLEANER UPPERS 6/12/2025 $ 233.31
799371 9110 PRO STRUCTURAL, INC 6/12/2025 $ 1,562.31
799372 3310 PROVOST & PRITCHARD CONSULTING INC 6/12/2025 $ 14,125.00 799373 5110 QCS QUICK CUSTOM SIGNS 6/12/2025 $ 616.71
799374 3110 QK 6/12/2025 $ 5,650.00
799375 5110 QUALITY HEAVY DUTY DIESEL ELECTRIC INC. 6/12/2025 $ 481.71 799376 5110 QUINN COMPANY INC 6/12/2025 $ 9,998.97
799377 5110 QUINN COMPANY INC - EQ 6/12/2025 $ 319,897.29 799378 1810 Rachelle D Beeson 6/12/2025 $ 344.00
799379 0110 RAFTELIS FINANCIAL CONSULTANTS INC 6/12/2025 $ 21,900.00 799380 5110 RANDYS TOWING LLC 6/12/2025 $ 50.00
799381 5110 RAY GASKIN SERVICE INC 6/12/2025 $ 12,998.41 799382 3120 RAYMONDS TROPHY AND AWARDS 6/12/2025 $ 143.70 799383 0140 READY REFRESH 6/12/2025 $ 457.24
799384 4120 REFRIGERATION SUPPLIES DIST. INC 6/12/2025 $ 941.42 799385 6110 REGINA SHELTON DBA 2 QUEENS FITNESS 6/12/2025 $ 71.50 799386 5110 RENEWELL FLEET SERVICE LLC 6/12/2025 $ 1,070.04 799387 5110 RICHARDS CRANE SERVICE LLC 6/12/2025 $ 4,500.00 799388 0110 RIGHT NOW COURIERS LLC 6/12/2025 $ 180.00
799389 3110 RIVER PARTNER INC 6/12/2025 $ 26,956.25
799390 0110 RLH FIRE PROTECTION 6/12/2025 $ 819.00
799391 9110 RMC FACILITIES SERVICES 6/12/2025 $ 1,040.46 799392 6110 ROBBY ROBERSON - REFUND 6/12/2025 $ 126.00
799393 3110 S C ANDERSON INC 6/12/2025 $ 548,476.38
799394 3120 SAFETY NETWORKS TRAFFIC CONTROL SERVICE 6/12/2025 $ 3,176.10 799395 0140 SAN DIEGO LANDSYSTEMS LLC 6/12/2025 $ 19,560.00 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 12
Payment
Number Fund Vendor Name Check Date Check Amount
799396 4310 SAN JOAQUIN FENCE & SUPPLY 6/12/2025 $ 4,158.00 799397 0110 Santiago Baltazar 6/12/2025 $ 194.83
799398 0110 SCP DISTRIBUTORS LLC 6/12/2025 $ 361.90
799401 0110 SHERWIN WILLIAMS COMPANY 6/12/2025 $ 113.55 799402 1860 SIERRA CONST & EXCAVATION INC 6/12/2025 $ 689,874.58 799403 9110 SIMPLY CHURCH "HOP" 6/12/2025 $ 705.76
799404 4210 SMART & FINAL IRIS COMPANY 6/12/2025 $ 2,661.22 799405 5110 SNIDER'S INC 6/12/2025 $ 166.54
799406 4120 SOLENIS LLC 6/12/2025 $ 67,719.25
799407 0110 SORENSON,VERNON MD INC (23456) 6/12/2025 $ 25.00 799408 0110 SOUTHWEST HAZARD PROTECTION 6/12/2025 $ 9,367.00 799409 1510 SPARTAN INC 6/12/2025 $ 3,307.64
799410 5110 SPECIALTY TRIM & AWNING INC 6/12/2025 $ 703.62 799411 5110 SPECTRIO LLC 6/12/2025 $ 831.60
799412 3120 SPERIDIAN TECHNOLOGIES 6/12/2025 $ 8,166.00 799413 0120 SQUARE GROVE LLC 6/12/2025 $ 431.92
799414 9110 STACEY VANDENBERGE 6/12/2025 $ 347.05
799415 1860 STAPLES ENERGY 6/12/2025 $ 14,988.04
799416 4210 STARS AND STRIPES 6/12/2025 $ 3,210.00
799417 0110 Stephanie A Teague 6/12/2025 $ 136.00
799418 0110 Stephanie M Salmon 6/12/2025 $ 480.00
799419 1810 Steven A Mayberry 6/12/2025 $ 299.00
799420 9110 STOCKDALE PODIATRY GROUP 6/12/2025 $ 398.20 799421 3120 STRUCTURE CAST INC 6/12/2025 $ 336,230.50
799422 5110 SUBURBAN PROPANE 6/12/2025 $ 1,987.91
799423 5110 SUNRISE ENVIRONMENTAL SCIENTIFIC 6/12/2025 $ 1,919.93 799424 4120 SUNSHINE CLEANING SERVICES 6/12/2025 $ 1,540.00 799425 0110 T-MOBILE USA 6/12/2025 $ 345.00
799426 1810 Tamia N Smith 6/12/2025 $ 535.00
799427 3110 TDG ENGINEERING INC 6/12/2025 $ 1,010.00
799428 4120 TEL TEC SECURITY SYSTEM INC 6/12/2025 $ 730.00 799429 4210 TELSTAR INSTRUMENTS 6/12/2025 $ 2,751.96
799430 1910 TEMPEST INTERACTIVE MEDIA LLC 6/12/2025 $ 6,000.00 799431 5110 TEN EIGHT TOW INC 6/12/2025 $ 50.00
799432 0140 THE OPEN DOOR NETWORK 6/12/2025 $ 139,954.72 799433 0110 Thomas L Osborne 6/12/2025 $ 1,220.00
799434 0110 Timothy Whitfield 6/12/2025 $ 385.00
799435 0110 TK ELEVATOR 6/12/2025 $ 2,938.12
799436 0110 TNVC INC 6/12/2025 $ 2,525.16
799437 4510 TRANS-WEST SECURITY INC 6/12/2025 $ 13,929.03 799438 0110 TREK DIGITAL PRODUCTS INC 6/12/2025 $ 1,936.26 799439 5110 TRINITY SAFETY COMPANY 6/12/2025 $ 844.35
799440 1810 Trisha D Wattree 6/12/2025 $ 213.00
799441 4210 TURNER TRANS LIFT INC 6/12/2025 $ 2,207.50
799442 5110 TYACK TIRES INC 6/12/2025 $ 9,278.90
799443 0110 TYE C HAMMOND 6/12/2025 $ 1,250.00
799444 4410 Tylor S Hester 6/12/2025 $ 4,055.29
799445 0110 U.S. BEHAVIORAL HEALTH PLAN 6/12/2025 $ 1,550.62 799446 5110 ULINE SHIPPING SUPPLY 6/12/2025 $ 147.44
799447 0110 UNITED REFRIGERATION INC 6/12/2025 $ 2,387.19 799448 0110 UNITED RENTALS NORTH AMERICA INC 6/12/2025 $ 10,039.11 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 13
Payment
Number Fund Vendor Name Check Date Check Amount
799449 4120 USP TECHNOLOGIES 6/12/2025 $ 40,136.99
799450 1910 VANGUARD CLEANING SYSTEMS INC 6/12/2025 $ 1,233.50 799451 0110 VCA BAKERSFIELD ANIMAL HOSPITAL 6/12/2025 $ 2,192.69 799452 0110 VENTURI ENTERPRISES INC 6/12/2025 $ 3,120.00 799453 0110 VERIZON WIRELESS 6/12/2025 $ 2,323.80
799454 1710 VERRA MOBILITY DBA AMERICAN TRAFFIC SO 6/12/2025 $ 56,802.40 799455 4110 VESTIS SERVICES LLC 6/12/2025 $ 93.32
799456 0110 VICTORIA M RODRIGUEZ 6/12/2025 $ 1,275.00
799457 9110 WASTEOLOGY-UPS 6/12/2025 $ 103.77
799458 0110 WENDALE DAVIS FOUNDATION 6/12/2025 $ 14,803.74 799459 0110 WEST PAYMENT CENTER 6/12/2025 $ 1,840.94
799460 4310 WESTAIR GASES & EQUIPMENT INC 6/12/2025 $ 85.36 799461 5110 WESTCOAST HYDRAULICS 6/12/2025 $ 580.14
799462 5110 WILLIAMS CLEANING SYSTEMS INC 6/12/2025 $ 373.15 799463 4410 WITCHER ELECTRIC INC 6/12/2025 $ 677.16
799464 9110 WM-BIOMAT "WIBLE" 6/12/2025 $ 2,042.14
799465 9110 WM-HARBOR FREIGHT "FASHION" 6/12/2025 $ 3,935.74 799466 5110 XYLEM DEWATERING SOLUTIONS 6/12/2025 $ 1,114.85 799467 0140 Zechariah R Garcia 6/12/2025 $ 3,288.00
799468 9110 ZTERS-SWIGERT 6/12/2025 $ 499.99
9998423 5110 DEPARTMENT OF THE TREASURY 6/5/2025 $ 150.64 9998424 0110 GLEN OAKS ESCROW 6/5/2025 $ 50,000.00
9998426 0110 CARD CHAMP 6/12/2025 $ 15.00
9998427 1860 DP CAL CORPORATE PLAZA LP 6/12/2025 $ 4,284.95 9998428 4210 U S BANK 6/12/2025 $ 4,663.00
9998429 0110 US POSTAL SERVICE (QUADIENT-POC) 6/12/2025 $ 25,000.00 9998430 0110 VERMONT SYSTEMS 6/12/2025 $ 1,400.94
798703 4410 CALIFORNIA WATER SERVICE 6/5/2025 $ 2,468.60 798715 5210 MARDEROSIAN & COHEN 6/5/2025 $ 9,410.48
798720 5210 RODRIGUEZ & ASSOC CLIENT TRUST ACCT 6/5/2025 $ 2,250,000.00 798783 5210 AIMS C/O HANNA BROPHY MACLEAN 6/5/2025 $ 1,695.23 798784 5210 AIMS C/O YRULEGUI & ROBERTS APC 6/5/2025 $ 2,124.55 798852 5210 FIRST ALARM WELLNESS INC 6/5/2025 $ 450.00
798868 5210 HANNA BROPHY MACLEAN MCALEER & JENSEN L 6/5/2025 $ 84.92 798871 5210 Hector A Rodriguez 6/5/2025 $ 146.13
798876 5210 INTERINSURANCE EXCHANGE OF THE AUTOMOBI 6/5/2025 $ 2,534.15 798878 5210 Jeremiah Davison 6/5/2025 $ 151.54
798880 5210 Jordan Camacho 6/5/2025 $ 160.00
798881 5210 Jose P Jimenez 6/5/2025 $ 160.00
798932 5210 Oscar Najera 6/5/2025 $ 160.00
798942 5210 PRAXIS RISK SERVICES INC O/B/O INFINITY 6/5/2025 $ 5,813.25 798980 5210 Thomas A Shockley 6/5/2025 $ 160.00
799054 5210 CLIFFORD & BROWN TRUST 6/12/2025 $ 39,660.04 799061 5210 FEDEX 6/12/2025 $ 188.77
799128 5210 STINSON STATIONERS 6/12/2025 $ 15,190.75
799145 5210 AIMS 6/12/2025 $ 73,500.00
799146 5210 AIMS C/O YRULEGUI & ROBERTS APC 6/12/2025 $ 506.54 799264 5210 GEORGE HILLS COMPANY INC 6/12/2025 $ 22,765.15 799277 5210 INTERINSURANCE EXCHANGE OF THE AUTOMOBI 6/12/2025 $ 2,411.46 799326 5210 MARY DEE LEDESMA 6/12/2025 $ 3,510.83
799399 5210 Sergio Ramirez 6/12/2025 $ 160.00
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\ 6/13/2025 ORACLE CHECK REGISTER
FROM 5/30/2025 TO 06/12/2025
PAGE 14
Payment
Number Fund Vendor Name Check Date Check Amount
799400 5210 Shannon N Clark 6/12/2025 $ 160.00
9998425 5210 WELLS FARGO BANK 6/5/2025 $ 169,619.23
9998431 5210 WELLS FARGO BANK 6/12/2025 $ 109,856.85
$ 19,263,833.13
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\6.25.25\
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent – Payments and Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: June 13, 2025
SUBJECT: Receive and file department agreements over $40,000 and under $100,000 between May 30, 2025 and June 12, 2025
RECOMMENDATION:
Staff recommends receiving and filing the report
BACKGROUND:
In accordance with Bakersfield Municipal Code Chapter 3.20 the Finance Director must report other financial reports required to indicate the financial condition of the city periodically to the City Council. In conjunction with changes to Bakersfield Municipal Code Section 3.20, an informational report was requested to provide documentation of contracts between $40,000 and $100,000 to increase transparency and measure the effectiveness of the changes in contract authority threshold amounts.
FISCAL IMPACT:
$440,200.00
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Department Agreement Report 6.25.25
Document Number Name Subject Amount Date Miscellaneous Information ED25-018 Praise Center of
Bakersfield
Construction and
installation of wrought
iron security gates and
fence security pickets
$40,000.00 6/2/2025
HR25-010 BL Solutions
Pre employment
backgroud investigations
on an as needed basis
$100,000.00 6/5/2025
PW23-076(2) Trinity Consultants
Amendment to
compensation and term to
continue monitor inlet and
outlet of the volatile
organic compound
$60,200.00 6/9/2025
WR24-024(1) Delaney
Manufacturing Inc
Amendment to
compensation to cover all
out of pocket costs and
taxes
$100,000.00 6/2/2025
WR25-028 Rain for Rent
Provide onsite rental
equipment for storm water
and wastewater
emergencies
$40,000.00 6/4/2025
WR25-029 Unified Field
Services Corp
Make all necessary
repairs to electrical vaults
and surrounding
infrastructure to prevent
water intrusion at
WWTP3
$100,000.00 6/12/2025
$440,200.00
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent Calendar Ordinances TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 20, 2025
SUBJECT: Adoption of ordinance amending the Municipal Code Section 17.06.020 by changing the official zoning map from C-2 (Regional Commercial Zone) and A (Agriculture Zone) to C-2 (Regional Commercial Zone) on approximately 2.63 acres located at the northwest corner of Taft Highway and Michele Street. The applicant is LAV//Pinnacle Consulting & Engineering representing the Fred Giminiani 2008 Living Trust (GPA/ZC 24-0372) (FR 5/28/25) (Ward 7)
RECOMMENDATION:
City staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance for No. 24-0372 was given on May 28, 2025. At the same time City Council approved the related General Plan Amendment (GPA) for No. 24-0372.
The proposed project seeks the above approval for purposes of having zoning that is consistent within the parcel itself and with adjacent parcels. The project has been found to be consistent with General Plan policies and City Zoning Ordinance requirements. For these reasons, City staff recommends adoption of the ordinance corresponding to GPA/ZC 24-0372.
FISCAL IMPACT:
These is no impact to the General Fund, as the future project will pay for costs or services rendered by the city.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
CC Ordinance
ORDINANCE NO. ______
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL DENYING THE APPEAL AND APPROVING AN AMENDMENT TO TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE
CLASSIFICATION FROM C-2 (REGIONAL COMMERCIAL) AND A
(AGRICULTURAL) TO C-2 (REGIONAL COMMERCIAL), GENERALLY
LOCATED ON THE NORTHWEST CORNER OF TAFT HIGHWAY AND
MICHELE STREET (GPA/ZC NO. 24-0372).
WHEREAS, LAV//Pinnacle Consulting & Engineering (applicant), on behalf of the Giminiani Fred Living Trust (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from GC (General Commercial) and SR (Suburban Residential) to GC (General Commercial) on 0.37 acres; and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from C-2 (Regional Commercial) and A (Agricultural) to C-2 (Regional Commercial) on 1.19 acres within an existing 2.63 acre parcel generally located on the northwest corner of Taft Highway and Michele Street (the “Project”); and WHEREAS, the Planning Commission held a public hearing on March 20, 2025, and accepted public testimony both in support and opposition. Following deliberations, the Commission approved Resolution No. 20-25, which recommended that the City Council approve the Project; and
WHEREAS, Lozeau Drury LLP, on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”), filed an appeal with the City Clerk on March 28, 2025 on the Planning Commission recommendation to approve the project; and WHEREAS, the Clerk of the City Council set Wednesday, May 28, 2025 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission’s deliberation, and action; and
WHEREAS, at the conclusion of the hearing, the City Council denied the appeal and approved General Plan Amendment 24-0372 and adopted the Mitigated Negative Declaration for the project; and
WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 20-25 are hereby adopted.
3. The Project is subject to mitigation measures found in the adopted Mitigated Negative Declaration for the Project.
4. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located as specifically described in Exhibit A, on the map as shown in Exhibit B and all of which are incorporated herein.
SECTION 2.
This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. ---------o0o---------
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on the 25th day of June 2025, by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER ________________________________________________________ ABSTAIN: COUNCILMEMBER ________________________________________________________ ABSENT: COUNCILMEMBER _________________________________________________________ ________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By: ____________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibits: A Legal Description
B Zone Change Map
BEING A PORTION OF LOT 2 OF LOT LINE ADJUSTMENT No. 120-05, RECORDED DECEMBER 11, 2006 AS INSTRUMENT No. 0206302742 OF OFFICIAL RECORDS. ALSO BEING PORTION OF THE WEST 1/2 OF LOT 30 OF SECTION 36, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE KERN COUNTY SALES MAP No. 1 OF LANDS OF J.B.
HAGGIN FILED MAY 3, 1889, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO BEING LOCATED IN THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PROPOSED ZONING: REGIONAL COMMERCIAL
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36, SAID CORNER OF COMMENCEMENT BEING THE CENTERLINE OF THE INTERSECTION OF SOUTH "H" STREET AND TAFT HIGHWAY; THENCE NORTH 89°03'15" WEST ALONG THE CENTERLINE OF TAFT HIGHWAY PER RECORD OF SURVEY NO. 4207 BOOK 35, PAGE 57 OF OFFICIAL RECORDS, A DISTANCE OF 1651.68 FEET, TO THE SOUTHEAST CORNER OF LOT 30 OF SALES MAP No. 1 OF LANDS OF J.B. HAGGIN FILED MAY 3, 1889, IN THE OFFICE OF THE COUNTY RECORDER; THENCE CONTINUING NORTH 89°03'15" WEST ALONG THE CENTERLINE OF TAFT HIGHWAY PER SAID RECORD OF SURVEY NO. 4207, A DISTANCE OF 330.51 FEET TO THE SOUTH WEST CORNER OF LOT 2 OF LOT LINE ADJUSTMENT No. 120-05, RECORDED DECEMBER 11, 2006 AS INSTRUMENT No. 0206302742 OF OFFICIAL RECORDS; THENCE NORTH 00°00'01" EAST ALONG THE WEST LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT AS SHOWN ON SAID RECORD OF SURVEY NO. 4207, A DISTANCE OF 65.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF TAFT HIGHWAY PER QUITCLAIM DEED No. 22303081 RECORDED MARCH 15, 2023 AND THE POINT OF BEGINNING.
THENCE CONTINUING NORTH 00°36'47" EAST ALONG THE WEST LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT AS SHOWN ON SAID RECORD OF SURVEY NO. 4207, A DISTANCE OF 361.01 FEET, TO THE NORTH LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT;
THENCE SOUTH 89°03'15" EAST, ALONG THE NORTH LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT AS SHOWN ON SAID RECORD OF SURVEY NO. 4207, A DISTANCE OF 132.80 FEET; THENCE SOUTH 01°18'26" WEST A DISTANCE OF 361.01 FEET, TO THE NORTHERLY RIGHT-OF-WAY OF TAFT HIGHWAY PER SAID QUITCLAIM DEED No. 22303081;
THENCE NORTH 89°03'15" WEST, ALONG THE NORTHERLY RIGHT-OF-WAY OF TAFT PER SAID QUITCLAIM DEED No. 22303081, A DISTANCE OF 128.43 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.08 ACRES, MORE OR LESS.
NOTE:
BEARINGS AND DISTANCES ARE PER RECORD OF SURVEY NO. 4207 BOOK 35, PAGE 57 OF OFFICIAL RECORDS.
3-14-24
EXHIBIT A
ZONE CHANGE LEGAL DESCRIPTION
10/22/2024
0 500 1,000
Feet
_
MICHELE ST
TAFT HWY
HC
GC
SR
SI GC
HC
HC
LI
GC
SR
General Plan Amendment/Zone Change
24-0372
CITY OF BAKERSFIELD
COUNTY
CITY
Land Use
RR Rural Residential
2.5 gross acres/dwelling unit
ER Estate Residential
1 dwelling unit/net acre
SR Suburban Residential
≤4 dwelling units/net acre
SR/LR
County: ≤ 4 dwelling units/net acre
City: ≤ 7.26 dwelling units/net acre
LR Low Density Residential
≤ 7.26 dwelling units/net acre
LMR Low Medium Density Residential
> 4 but ≤ 10 dwelling units/net acre
HMR High Medium Density Residential
>7.26 units but
≤17.42 dwelling units/net acre
HR High Density Residential
>17.42 units but
≤72.6 dwelling units/net acre
HC Highway Commercial
GC General Commercial
MC Major Commercial
OC Office Commercial
MUC Mixed Use Commercial
LI Light Industrial
SI Service Industrial
HI Heavy Industrial
P Public Facilities
PS Public/Private Schools
PT Public Transportation Corridors
P-SW Solid Waste Facilities
OS Open Space
OS-P Parks and Recreation
OS-S Slopes exceeding 30%
R-IA Resource -
Intensive Agriculture
20 acre minimum parcel size
R-EA Resource -
Extensive Agriculture
20 acre minimum parcel size
80 acre min (Williamson Act)
R-MP Resource -
Minerals & Petroleum
5 acre minimum parcel size
UER Urban Estate Residential
Western Rosedale Plan
0.5 acre net minimum parcel size
WM West Ming Specific Plan
COUNTY
CITY
GPA/ZC 24-0372
Zone Change
From: A
To: C-2COUNTY CITY
COUNTY
CITY
GPA/ZC 24-0372
Land Use Change
From: SR
To: GC
EXHIBIT B
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 10, 2025
SUBJECT: Property Abatement Resolution for June 2025.
Resolution confirming approval by the City Manager designee of the Code Enforcement Manager’s report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on June 9, 2025, by the City Manager designee and all proposed charges were confirmed. The subject properties listed in Exhibit A (attached) were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris, and waste matter and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed in Exhibit A.
The owners of the listed properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed in Exhibit A were abated under the direction of the Code Enforcement Manager. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution.
FISCAL IMPACT:
Results of this action places expenditures for abatements and staff cost recovery on the tax role for each Code case on an individual property where the cost has not been paid. Revenue from this action is received in the future from the County of Kern Tax Collector and placed into the City General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
Innovative and Efficient City Government
ATTACHMENTS:
Resolution
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF
THE REPORT OF THE CODE ENFORCEMENT MANAGER REGARDING
ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD
FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST ENTRY OR FOR
THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER AND
THE DEMOLISHMENT OF DANGEROUS BUILDINGS AND AUTHORIZING
COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR.
WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and
WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and
WHEREAS, this assessment proceeding was duly noticed and a public hearing held on June 9, 2025, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and
WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield:
1. That the Code Enforcement Manager caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A" and made a part hereof by this reference.
2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit “A” are hereby confirmed.
3. The cost of the abatement on the properties as described in Exhibit "A" are hereby made a lien and special assessment against said properties and the Code Enforcement Manager is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1(b)-(c).
4. The assessments enumerated herein are not subject to Proposition 218.
5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1(c).
6. That the property owners named in said Exhibit "A" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1600 Truxtun Avenue, Bakersfield, California, at any time prior to the time the lien imposed under 2 Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below.
7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________________, by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
KAREN GOH
MAYOR
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:
VIRIDIANA GALLARDO-KING
Deputy City Attorney
6/9/25
EXHIBIT “A”
REPORT AND ASSESSMENT LIST FOR STRUCTURES
THAT HAVE BEEN SECURED AGAINST ENTRY
OR DECLARED SUBSTANDARD OR FOR
ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER
APN PROPERTY ADDRESS PROPERTY OWNER COST TO
DO WORK
ADMIN
COST
TOTAL
COST
WARDS
1. 023-281-04-00-8 2515 Agate St
24-0002400
Annie L Slaughter
2515 Agate St
Bakersfield, CA 93304
$0 $1,041 $1,041 1
2. 023-132-06-00-7 1904 Bradley Ave
24-0001338
Patricia Cueto
717 Paloma St
Bakersfield, CA 93304
$435 $1,933 2,368 1
3. 172-041-18-00-6 1930 Filson St
24-0001176
Coralia Murcia
1930 Filson St
Bakersfield, CA 93307
$0 $1,041 $1,041 1
4. 172-121-28-00-8 3312 Madison Ave
24-0001016
Angelina Pimentel
132 Stone Ave
Shafter, CA 93263
$5,250 $1,933 $7,183 1
5. 172-121-27-00-5 3316 Madison Ave
24-0002032
Rena Richardson
PO BOX 71527
Bakersfield, CA 93387
$5,250 $1,933 $7,183 1
6. 168-141-06-00-9 929 E Brundage Ln
24-00004234
Golden Opportunity No 28 LP
4900 Santa Anita Ave
El Monte, CA 91731
$0 $549 $549 2
7. 147-091-09-00-1 2421 Brundage Ln
22-00005871
Triland Capital LLC
PO BOX 35279
Los Angeles, CA 90035
$0 $151 $151 2
8. 017-380-10-00-2 1118 Chico St
24-00004480
Maldonado Fam Trust
5201 Pioneer Dr
Bakersfield, CA 93306
$0 $1,041 $1,041 2
9. 018-410-09-00-5 210 Dr Martin Luther
King Jr Blvd
24-0000586
Verdugo Logistics LLC
820 S Baker St, Apt B
Bakersfield, CA 93307
$0 $1,041 $1,041 2
10. 016-300-04-00-4 721 Eureka St
22-00006425
Abraham L Quinones
721 Eureka St
Bakersfield, CA 93305
$0 $904 $904 2
11. 019-052-16-00-2 1910 Harper Ave
24-0002208
Dora L Davis
3205 Hedgeland Ct
Bakersfield, CA 93311
$684 $1,041 $1,725 2
12. 169-050-10-00-4 107 S Milham Dr
24-00000077
Phyllis A Johnson
107 Milham Dr
Bakersfield, CA 93307
$3,360 $1,675 $5,035 2
13. 015-180-10-00-0 1134 Niles St
24-00000417
Fahmi Ahmed Yafai
501 S 10th St
Taft, CA 93268
$514 $1,675 $2,189 2
14. 018-330-12-01-9 21 Northrup St
24-0002110
Bakersfield Home Buyers LLC
PO BOX 20817
Bakersfield, CA 93390
$379 $1,041 $1,420 2
15. 018-112-23-00-2 420 S Robinson St
24-0002002
Mary J Young
420 S Robinson St
Bakersfield, CA 93307
$710 $1,041 $1,751 2
16. 009-472-01-00-7 525 Union Ave
25-0002604
Manraj Hospitality Inc
22110 Blackhawk St
Chatsworth, CA 91311
$2,531.93 $722 $3,253.93 2
17. 009-472-01-00-7 525 Union Ave
25-0002362
Manraj Hospitality Inc
22110 Blackhawk St
Chatsworth, CA 91311
$2,800 $722 $3,522 2
APN PROPERTY ADDRESS PROPERTY OWNER COST TO
DO WORK
ADMIN
COST
TOTAL
COST
WARDS
18. 009-472-01-00-7 525 Union Ave
25-0001767
Manraj Hospitality Inc
22110 Blackhawk St
Chatsworth, CA 91311
$6,300 $1,614 $7,914 2
19. 009-480-23-00-0 405 V St
24-0001064
Manuel Jock Francisco
405 V St
Bakersfield, CA 93304
$3,133 $1,933 $5,066 2
20. 139-131-06-00-4 924 Wallace Ave
24-0002339
Lester W Newton
31938 Temecula PW Ste A
PMB 153
Temecula, CA 92592
$800 $1,041 $1,841 2
21. 383-212-18-00-0 3412 Harvard Dr
25-0000034
Michel Kailani Gallegos
1225 Vienna Dr, Sp 54
Sunnyvale, CA 94089
$480 $1,041 $1,521 3
22. 526-416-14-00-5 10110 Marco Polo
Ave
24-00005216
Lisa L & Michael S Mc
Collough
10110 Marco Polo Ave
Bakersfield, CA 93312
$0 $1,041 $1,041 4
23. 365-241-17-00-7 5817 Verano Ct
23-00010464
Juan Armijo Aguilar
5817 Verano Ct
Bakersfield, CA 93308
$0 $904 $904 4
24. 393-052-03-00-3 10805 Kendall Wy
24-0001157
Mark T Rodgers Trust
10805 Kendall Wy
Bakersfield, CA 93311
$0 $1,041 $1,041 5
25. 394-182-38-00-0 10616 Petalo Dr
24-00005378
Carolyn T Mize
10616 Petalo Dr
Bakersfield, CA 93311
$0 $173 $173 5
26. 372-173-06-00-1 6300 Dennen St
25-0000678
Robert Lee Culbertson
6300 Dennen St
Bakersfield, CA 93313
$1,296 $1,041 $2,337 7
27. 514-452-05-00-6 3115 Stone Meadows
Dr
24-0002009
Adrian A Macias
3115 Stone Meadows Dr
Bakersfield, CA 93313
$0 $1,041 $1,041 7
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 11, 2025
SUBJECT: Resolution of Local Support of Congestion Mitigation and Air Quality (CMAQ) Projects for Federal Fiscal Years 2026-27
and 2027-28
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The City of Bakersfield is eligible to apply for and receive federal funding for air quality improvement projects through a competitive program called Congestion Mitigation and Air Quality Program (CMAQ), which is included in the Moving Ahead for Progress in the 21st Century (Map-21) legislation. In order to qualify for federal funds, projects must be eligible, chosen, and finally programmed in the Federal Transportation Improvement Program (FTIP). The FTIP is a federal document which is administered by the Kern Council of Governments (KernCOG). To start the process of placing projects onto the FTIP, KernCOG issues a "Call for Projects" every two years.
Recently, KernCOG issued the Call for Projects for the 2026/2027 and 2027/2028 Federal fiscal years.
Proposed projects for these two Federal fiscal years include:
2026/2027: Adaptive Signal Coordination and Fiber Optic Cable Installation along California Avenue between Oak Street and Dr. Martin Luther King Jr. Blvd (Ward 2), Adaptive Signal Coordination and Fiber Optic Cable Installation along Olive Drive between Coffee Road and Renfro Road (Ward 4), Adaptive Signal Coordination and Fiber Optic Cable Installation along Union Ave & the Memorial Medical Corridor (Wards 2 & 3), and Niles Street Corridor Improvements between Virginia Street to Baker Street (Ward 2).
2027/2028: Adaptive Signal Coordination and Fiber Optic Cable Installation along Wilson Road between Edgemont St and Chester Ave (Wards 1 & 6), Adaptive Signal Coordination and Fiber Optic Cable Installation along Planz Road between Wilson Road and Union Ave (Wards 1 & 6), and Adaptive Signal Coordination and Fiber Optic Cable Installation along Gosford Road between White Lane and Panama Lane, Harris Road between Gosford Road and Mountain Vista, and Old River Road between Harris Road and McCutchen Road (Wards 5, & 6), Adaptive Signal Coordination and Fiber Optic Cable Installation in the Downtown Core (‘F’ St, ‘H’ St, ‘L’ St, & ‘Q’ St from Truxtun to 21st ) (Ward 2), Monitor Street Corridor Improvements from Merrimac Ave to Fairview Road (Ward 7), Beach Park Bridge (Ward 2).
Applications for the above referenced projects are due to KernCOG by July 17, 2025. These applications must include a resolution adopted by the City Council committing to fund the required local match if our projects are chosen.
The resolution assures KernCOG that the City of Bakersfield will fund the required local match for the CMAQ projects that are chosen. Historically, gas tax revenues have been used to fund the local match requirements. The local match requirement is 11.47% of total project costs. Projects typically funded through the CMAQ program include roundabouts, signal interconnect/synchronization, and roadway improvement projects that reduce congestion.
FISCAL IMPACT:
The CMAQ funding is federal dollars which will finance 88.53% of the project with the local match requirement of 11.47% thus the gap in the project costs coming from City Gas Tax Funds. Therefore, no impact on the General Funds. Projects will be budgeted during the Regular Budget Process for each Fiscal Year.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
CMAQ_Resolution 26-28
- Page 1 of 3 Pages -
RESOLUTION NO. _____
A RESOLUTION OF LOCAL SUPPORT FOR
CONGESTION MITIGATION AIR QUALITY (CMAQ) AND
CARBON REDUCTION PROGRAM (CRP) PROJECTS FOR
FEDERAL FISCAL YEARS 2026/2027 AND 2027/2028
WHEREAS, Congestion Mitigation Air Quality (CMAQ) and Carbon Reduction Program (CRP) (herein “Federal Funds”) consists of monies used for vehicle emission reduction projects.
WHEREAS, The City of Bakersfield (herein “APPLICANT”) is submitting applications to the Kern Council of Governments (herein “Kern COG”) for $10,719,390.31 in Federal Funds in Fiscal Year 2026-2027 and $64,725,748.77 in Federal Funds in Fiscal Year 2027-2028 for a total of $75,445,139.08 in potential funding from the Congestion Mitigation and Air Quality (herein “CMAQ”)and/or Carbon Reduction Program (herein “CRP”) for the following projects:
Fiscal Year 2026-2027:
Adaptive Signal Coordination California Avenue: Oak Street to Dr. Martin Luther King Jr. Blvd
Adaptive Signal Coordination Olive Drive: Coffee Road to Renfro Road Adaptive Signal Coordination along Union Avenue from 34th Street to Monterey Street and 34th Street from Chester Avenue to Union Avenue. Niles Street Corridor Improvements: Virginia Ave to Baker Street Fiscal Year 2027-2028:
Adaptive Signal Coordination Wilson Road: Edgemont Street to Chester Avenue
Adaptive Signal Coordination Planz Road: Wilson Road to Union Avenue Adaptive Signal Coordination Downtown Grid: ‘F’ St, ‘H’ St, ‘L’ St, & ‘Q’ St from Truxtun Avenue to 21st Street
Adaptive Signal Coordination Southwest: Gosford Rd from White Ln to Panama Ln, Harris Road from Gosford Rd to Mountain Vista, and Old River Rd from Harris Rd to McCutchen Rd
Monitor Street Corridor Improvements: Merrimac Ave to Fairview Rd Beach Park Bridge
- Page 2 of 3 Pages -
(herein referred collectively as “PROJECTS”); and
WHEREAS, APPLICANT has the financial capacity to complete, operate and maintain the PROJECTS; and
WHEREAS, APPLICANT will ensure that funds required from other sources will be reasonably expected to be available in the time frame needed to carry out the PROJECTS; and
WHEREAS, APPLICANT is authorized to execute and file an application for funding the PROJECTS under the Congestion Mitigation Air Quality and/or Carbon Reduction Program; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bakersfield as follows:
1. APPLICANT will provide $1,388,810.65 in Fiscal Year 2026-2027 and $8,385,906.91 in Fiscal Year 2027-2028 for a total of $9,774,717.56 in local matching funds; and
2. APPLICANT understands that the Congestion Mitigation Air Quality Program and/or Carbon Reduction Program funding for the PROJECTS is fixed at the approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional Federal Funding; and
3. APPLICANT understands the funding deadlines associated with these funds and will comply with the program implementation procedures described in Chapter 2 of the Kern COG Project Delivery Policies and Procedures manual; and
4. PROJECTS will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the Federal Transportation Improvement Program (FTIP); and
5. APPLICANT and the PROJECTS will comply with the requirements as set forth in the program.
6. APPLICANT authorizes its City Manager, or designee to execute and file an application with Kern COG for CMAQ Funding for the PROJECTS as referenced in this resolution.
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- Page 3 of 3 Pages -
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER ______________________________________________________________ _ ________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By _________________________
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent-Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 9, 2025
SUBJECT: Resolution of Local Support of Regional Surface Transportation Program (RSTP) Projects for Federal Fiscal Years 2026-27 and 2027-28 (Ward 2, 3 and 7)
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The City of Bakersfield receives federal funding for pavement rehabilitation projects through the Regional Surface Transportation Program (RSTP) via the Federal Highway Administration (FHWA). In order to qualify for federal funds, projects must be programmed in the Federal Transportation Improvement Program (FTIP). The FTIP is a federal document that is administered by the Kern Council of Governments (KernCOG). To start the process of placing projects onto the FTIP, KernCOG issues a call for projects every two years.
KernCOG recently issued the call for projects for the federal Fiscal Years 2026-2027 and 2027-2028.
Proposed projects include:
2026-2027: Pavement Rehabilitation 2026-2027 RSTP: Panama Lane from Stine Road to State Route 99 (Ward 7); and Pavement Rehabilitation 2026-2027 RSTP: Oak Street from California Avenue to 24th Street (Ward 2).
2027-2028: Pavement Rehabilitation 2027-2028 RSTP: California Avenue from H. Street to Union Avenue (Ward 2); and Pavement Rehabilitation 2027-2028 RSTP: Buck Owens Blvd from 24th Street to Rio Mirada Drive (Ward 3).
Applications for the above-mentioned projects are due to KernCOG by July 17, 2025. These applications must include a resolution adopted by the City Council that commits the City to fund the required local match if the grant applications are successful.
The City will apply for a total of $6,951,000 in federal funds for FY 2026-2027; and $7,125,000 in federal funds for FY 2027-2028, with both fiscal years funding coming from the RSTP program. The total for both fiscal years is $14,076,000 in federal funding. The local match requirement for FY 2026-2027 is $900,575 and the local match requirement for FY 2027-2028 is $923,119 for a total local match requirement of $1,823,694. The local match requirement will be entirely funded from gas tax revenues.
The local match requirement is 11.47 percent of total project costs. Adoption of this resolution allows the City to apply for $14,076,000 of federal funding for specific pavement rehabilitation projects.
FISCAL IMPACT:
This resolution will apply for federal funding with the local match requirement paid from gas tax revenues; therefore, there is no general fund impact associated with this action.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Resolution of Local Support
Resolution of Local Support for Regional Surface Transportation Program (RTSP) - Page 1 of 3 Pages -
RESOLUTION NO. _____
A RESOLUTION OF LOCAL SUPPORT FOR REGIONAL
SURFACE TRANSPORTATION PROGRAM (RSTP)
PAVEMENT REHABILITATION PROJECTS.
WHEREAS, Regional Surface Transportation Program (RSTP) (herein “Federal Funds”) consists of monies used for pavement rehabilitation projects; and WHEREAS, the City of Bakersfield (herein “APPLICANT”) is submitting applications to the Kern Council of Governments (herein “Kern COG”) for $6,951,000 in RSTP in Fiscal Year 2026-27 and $7,125,000 in RSTP in Fiscal Year 2027-28 for a total of $14,076,000 in Federal Funds for the following projects:
Fiscal Year 2026-27:
Pavement Rehabilitation: Panama Lane from Stine Road to State Route 99; and
Pavement Rehabilitation: Oak Street from California Avenue to 24th Street;
Fiscal Year 2027-28:
Pavement Rehabilitation: California Avenue from H. Street to Union Avenue; and
Pavement Rehabilitation: Buck Owens Blvd from 24th Street to Rio Mirada Drive;
(herein referred collectively as “PROJECTS”); and
WHEREAS, APPLICANT has the financial capacity to complete, operate and maintain the PROJECTS; and
WHEREAS, APPLICANT will ensure that funds required from other sources will be reasonably expected to be available in the time frame needed to carry out the PROJECTS; and
WHEREAS, APPLICANT is authorized to execute and file an application for funding the PROJECTS under the RSTP Program.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bakersfield as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. APPLICANT will provide $900,575 in Fiscal Year 2026-27 and $923,119 in Fiscal Year 2027-28 for a total of $1,823,694 in local matching funds.
3. APPLICANT understands that the RSTP funding for the PROJECTS is fixed at the Resolution of Local Support for Regional Surface Transportation Program (RTSP) - Page 2 of 3 Pages -
approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional Federal Funding.
4. APPLICANT understands the funding deadlines associated with these funds and will comply with the program implementation procedures described in Chapter 2 of the Kern COG Project Delivery Policies and Procedures manual.
5. PROJECTS will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the Federal Transportation Improvement Program (herein “FTIP”).
6. APPLICANT and the PROJECTS will comply with the requirements as set forth in the program.
7. APPLICANT authorizes its City Manager, or designee to execute and file an application with Kern COG for Federal Funding for the PROJECTS as referenced in this resolution.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on _________________ by the following vote:
________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: _________________
By: __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
Resolution of Local Support for Regional Surface Transportation Program (RTSP) - Page 3 of 3 Pages -
By: _________________________
ASHLEY ZAMBRANO
Deputy City Attorney
nsg
S:\PROJECTS\Advanced Studies\CIP Estimates\RSTP Call for Projects\26-27 & 27-28 Call for Projects\LocalSupport forRSTP.Reso.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent – Resolutions TO: Honorable Mayor and City Council
FROM: Rick Anthony, Assistant City Manager
DATE: June 12, 2025
SUBJECT: Resolution authorizing the City to enter into a Transportation Art Maintenance Agreement with the California Department of Transportation for three murals located at Garces Circle; SR 204, SR 178 and Q Street, and California Avenue and SR 99; which will be maintained by the Public Works Department. (Ward 2)
RECOMMENDATION:
Staff recommends approval of the Resolution.
BACKGROUND:
California Department of Transportation (“Caltrans”) created the Transportation Art Program that allows for visual expression that reflects local communities. The City of Bakersfield (“City”) proposed three artwork projects and Caltrans accepted the proposals. Caltrans allowed the following City of Bakersfield artwork projects:
1. Night and Day in Bakersfield Circle 06-1E770 SR204, SR178, and Q Street;
2. Kern River Dreams 06-1E810 California Avenue and SR 99, and
3. Flora + Fauna 06-1E700 Garces Circle
As part of their process, Caltrans requires a Transportation Art Maintenance Agreement for the City to maintain the three artwork projects, as well as a mutual indemnification. The Transportation Art Maintenance Agreement requires the City to conduct regular maintenance of the three mural projects.
The Public Works Director will be appointed as agent to execute the Transportation Art Maintenance Agreement. The Public Works Director, or designee will conduct the specified maintenance under the Transportation Art Maintenance Agreement.
FISCAL IMPACT:
The commissioned art was previously paid for, thus this agreement only covers the ongoing maintenance or repairs, which will be completed under existing operations within the Public Works department ongoing activities.
COUNCIL GOAL:
Reliable Infrastructure
Community Character & Quality of Life
ATTACHMENTS:
Resolution
A Resolution Authorizing A Transportation Art Maintenance Agreement with The California Department of Transportation For Mural Projects
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING CITY ENTER INTO A
TRANSPORTATION ART MAINTENANCE AGREEMENT FOR
MURAL PROJECTS 06-1E700 GARCES CIRCLE, 06-1E770 SR
204, SR 178 AND Q STREET, AND 06-1E810 CALIFORNIA
AVENUE AND SR 99 WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION
WHEREAS, the California Department of Transportation (“Caltrans”) manages California’s highway and freeway lanes, and among other duties, has a Transportation Art Program; and
WHEREAS, Caltrans’ Transportation Art Program allows for visual expression that reflects local communities’ unique aesthetic, environmental, scenic, historical and cultural values; and
WHEREAS, the Transportation Art Program can include graphic or sculptural artwork, either free standing or placed upon a required engineered transportation feature; and
WHEREAS, the City of Bakersfield proposed three artwork projects to Caltrans through its Transportation Art Program and Caltrans accepted said proposals; and WHEREAS, specifically, Caltrans allowed the following City of Bakersfield projects:
1. Night and Day in Bakersfield Circle 06-1E770 SR204, SR178, and Q Street;
2. Kern River Dreams 06-1E810 California Avenue and SR 99, and
3. Flora + Fauna 06-1E700 Garces Circle
WHEREAS, as part of their process, Caltrans requires a Transportation Art Maintenance Agreement for purposes of the City of Bakerfield maintaining the three artwork projects; and
WHEREAS, the Transportation Art Maintenance Agreement requires the City of Bakersfield be in charge of regular maintenance of the three artwork projects and has a mutual indemnification clause; and
A Resolution Authorizing A Transportation Art Maintenance Agreement with The California Department of Transportation For Mural Projects
WHEREAS, the City of Bakersfield will enter into the Transportation Art Maintenance Agreement with Caltrans in order to maintain the three artwork projects.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows:
1. Approves and appoints the Public Works Director as agent to execute the Transportation Art Maintenance Agreement; and
2. Certifies that the City of Bakersfield understands and agrees to the maintenance obligations and standards contained in the Transportation Art Maintenance Agreement; and
3. Delegates the authority to the Public Works Director or designee to conduct all designated maintenance under the Transportation Art Maintenance Agreement; and
4. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and
5. The above recitals are true and correct and are incorporated herein by reference.
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A Resolution Authorizing A Transportation Art Maintenance Agreement with The California Department of Transportation For Mural Projects
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN , BASHIRTASH ,KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED:
By: _________________________
KAREN GOH, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _______________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
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TRANSPORTATION ART MAINTENANCE AGREEMENT
WITH
CITY OF BAKERSFIELD
This Transportation Art Maintenance Agreement (“AGREEMENT”) executed on and effective from _______________________________, is made by and between the State of California, acting by and through the California 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. The PARTIES desire to work together to allocate their respective obligations to the Transportation Art Project (Garces Circle SR 204 Enhance) in Bakersfield along Route 204 at Garces Circle (postmile 4.785/4.891) for the painted artwork on bridge columns and abutments, and wrought iron fence within STATE Right of Way by the STATE.
2. This AGREEMENT will set forth the LOCAL AGENCY’s maintenance responsibilities for the Transportation Art Project (“ARTWORK”) that is painted within the STATE Right of Way on bridge columns and abutments, and wrought iron fence on Route 204, as shown in Exhibit A, attached hereto.
3. Prior to execution of this AGREEMENT, the author(s) of ARTWORK executed a written agreement conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U.S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes. This written agreement between STATE and the author(s) of ARTWORK was executed on 10/16/2024 (Jeanette Richardson), 2/14/2025 (Alex Gallardo), 2/14/2025 (Flavio Daniel Chavez), 2/14/2025 (Jennifer Cordova), and 2/14/2025 (Minami Marina Perales).
TERMS
1. Definitions.
A. “AGREEMENT” means this AGREEMENT between STATE and LOCAL AGENCY along with exhibits and attachments attached during the execution of this AGREEMENT or in the future by mutual consent of the PARTIES.
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B. “ARTWORK” means the entire Transportation Art Project installed or painted within the STATE Right of Way depicted or described in Exhibit A attached to this AGREEMENT.”
2. Agreements with Creators of ARTWORK. LOCAL AGENCY agrees, represents, and warrants that the authors of ARTWORK executed a written agreement, in a form approved by STATE, conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U.S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes. LOCAL AGENCY shall be solely responsible for any damages (including exemplary and punitive damages) arising from its breach of and/or failure to fully comply with this provision of the AGREEMENT.
3. Maintenance Obligation and Standards. LOCAL AGENCY shall have the obligation to maintain the ARTWORK in accordance with this AGREEMENT so long as the ARTWORK exists in any form and in any condition. LOCAL AGENCY shall perform all maintenance of the ARTWORK in compliance with terms of the AGREEMENT, the standards set forth in California Streets and Highways Code section 27, and in accordance with all other applicable California laws, regulations, and standards, including the STATE’s Project Development Procedures Manual (PDPM), Chapter 29, Transportation Art, STATE’s Maintenance Manual, policies, procedures, and specifications in effect as of the execution of this AGREEMENT and as subsequently amended. The obligation to maintain the ARTWORK shall include routine inspections of the ARTWORK and the maintenance, repair, and cleaning of the ARTWORK, as well as the restoration of damaged ARTWORK, graffiti removal (in accordance with the terms of this AGREEMENT), and the removal of dirt, debris, vegetation growth, and weeds surrounding or obscuring the ARTWORK (hereafter collectively referred to as “MAINTAIN/MAINTENANCE”). LOCAL AGENCY’s obligation to MAINTAIN the ARTWORK is until the ARTWORK is removed consistent with terms of this AGREEMENT.
4. Encroachment Permits. Before LOCAL AGENCY, or any of its agents, may enter STATE right of way to perform MAITNENANCE of the ARTWORK, or any MAINTENANCE within STATE’s right of way in which the ARTWORK is located, LOCAL AGENCY shall have applied for and obtained, from the applicable STATE District, an Encroachment Permit in accordance with the STATE Encroachment Permit process. For the term of this AGREEMENT, LOCAL AGENCY shall obtain any encroachment permits required by law to perform the obligations under this AGREEMENT. STATE shall issue any and all encroachment permits at no cost to LOCAL AGENCY. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
5. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti from the ARTWORK. LOCAL AGENCY is solely responsible for ensuring Rev 03/2025
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that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.06.
6. Restoration of ARTWORK. LOCAL AGENCY, at LOCAL AGENCY’s expense, shall restore damaged ARTWORK to its original condition as set forth in Exhibit A either within thirty (30) calendar days of discovery of such damage or within thirty (30) calendar days of being notified in writing by STATE, whichever is sooner. If LOCAL AGENCY is unable to or otherwise fails to restore the damaged ARTWORK by this time, STATE may provide a plan to LOCAL AGENCY which is reasonable and in good faith to perform the required operation.
7. Routine MAINTENANCE. LOCAL AGENCY shall ensure the ARTWORK is provided with adequate routine MAINTENANCE necessary to maintain a neat and attractive appearance in accordance with a schedule mutually agreed to by PARTIES. LOCAL AGENCY shall coordinate said MAINTENANCE with STATE prior to the start of any work.
8. Failure to Perform MAINTENANCE. If during the term of this AGREEMENT, LOCAL AGENCY ceases to perform the MAINTENANCE of the ARTWORK to the satisfaction of STATE as provided by this AGREEMENT, STATE will provide written notice to LOCAL AGENCY to cure the default and LOCAL AGENCY will have thirty (30) calendar days within which to effect that cure. If LOCAL AGENCY does not MAINTAIN the ARTWORK or establish a plan and schedule to do so that is acceptable to STATE, STATE may either perform the MAINTENANCE on behalf of LOCAL AGENCY at LOCAL AGENCY’s expense, remove the ARTWORK at LOCAL AGENCY’s sole cost and expense and restore STATE’s right of way to its prior condition, or direct the LOCAL AGENCY to do so at LOCAL AGENCY’s expense. LOCAL AGENCY hereby agrees to pay said STATE costs and expenses, within thirty (30) calendar days of receipt of billing by STATE.
9. Duties Upon Termination. In the event this AGREEMENT is terminated, LOCAL AGENCY shall remove the ARTWORK, if STATE provides written consent for such removal, and restore STATE’s right of way to a safe and attractive condition compliant with all applicable laws and regulations and acceptable to STATE.
10. Additional LOCAL AGENCY Duties. During any MAINTENANCE work under this AGREEMENT, LOCAL AGENCY shall be responsible for MAINTAINING traffic operations and traffic control, including traffic lane closures as needed, to perform the MAINTENANCE in a safe and lawful manner. LOCAL AGENCY shall be responsible for obtaining any encroachment permits required by STATE or under this AGREEMENT.
LOCAL AGENCY shall be responsible for complying with any and all state laws and Rev 03/2025
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regulations in the performance of its MAINTENANCE duties. LOCAL AGENCY shall contact STATE’s District 6 Area Maintenance Superintendent at (661) 304-0432, at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. MAINTENANCE services shall be performed between the hours of 9:00 AM and 3:00 PM or a time otherwise authorized by STATE and may be performed on weekends and holidays if necessary.
11. Location Impacts. Except as expressly authorized in writing by STATE, LOCAL AGENCY, in performing its obligations under this AGREEMENT, shall not alter any existing freeway or highway structure or facility, nor shall it remove any landscaping within the STATE’s right of way to MAINTAIN or alter the ARTWORK.
12. Costs and Expenses Borne by LOCAL AGENCY. The cost and expense of all work by or on behalf of LOCAL AGENCY shall be borne solely by LOCAL AGENCY, and no cost or expense shall be borne by STATE. STATE will not be responsible for the cost or expense of any MAITNENANCE, or any other maintenance, graffiti removal, repair, or restoration of the ARTWORK. STATE will not be responsible for any damages caused by any vandalism or accidents on the roadway. STATE shall only be responsible for its own direct actions.
13. Obligation to Remove ARTWORK. LOCAL AGENCY shall remove the ARTWORK whenever, in the opinion of STATE, it creates a maintenance, safety, or operational concern. In the event LOCAL AGENCY fails to remove the ARTWORK in a timely manner, STATE may remove the ARTWORK thirty (30) calendar days following written notification to LOCAL AGENCY, and STATE will bill LOCAL AGENCY for, and LOCAL AGENCY shall pay, all costs and expenses arising from its removal and for the restoration of STATE’s right of way to their original condition. STATE reserves the right to remove the ARTWORK or alter parts thereof due to any emergency, such as, but not limited to, an immediate safety hazard to the public as determined by STATE. Removal activities may include any construction, rehabilitation, or other necessary activities affecting transportation facilities without any obligation, compensation to, or approval of LOCAL AGENCY.
14. Unsatisfactory Conditions. STATE may provide LOCAL AGENCY with timely written notice of unsatisfactory conditions that require correction by the LOCAL AGENCY. However, the non-receipt of notice does not excuse LOCAL AGENCY from performing maintenance responsibilities assumed under this AGREEMENT. STATE shall notify LOCAL AGENCY at least thirty (30) calendar days in advance of any planned work that may impact the ARTWORK. If the work required is due to a safety hazard, this notification period does not apply, and STATE will notify LOCAL AGENCY as soon as practicable of the planned or performed work.
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15. Acknowledgement of Title. LOCAL AGENCY, and its agents, recognize that STATE owns the exclusive title to the ARTWORK, including but not limited to, the right physically to possess, transfer, sell, dispose of, or destroy the ARTWORK.
16. Effect on Prior Maintenance Agreements. This AGREEMENT does not supersede or replace any prior maintenance agreements between LOCAL AGENCY and STATE concerning the highways, freeways, or other STATE facilities within the STATE right of way in which the ARTWORK is placed, except to the extent those agreements concern or effect the ARTWORK or the purposes of this AGREEMENT.
17. Encampments. If encampments belonging to Persons Experiencing Homelessness (PEH) are encountered by LOCAL AGENCY during MAINTENANCE of the ARTWORK, the LOCAL AGENCY will inform the STATE and comply with any existing agreements between STATE and LOCAL AGENCY regarding the removal of the PEH and any structures, personal property, debris, and/or other items related to the encampment that covers the location(s) shown in Exhibit A, subject to STATE'S Encampment Removal policy, MPD 1001 R1, as amended, and applicable State and Federal law. In the absence of any such agreements, STATE will determine how to proceed with the PEH and encampment(s) and communicate with LOCAL AGENCY on how to proceed with MAINTENANCE under this AGREEMENT.
18. 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 operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.
19. Indemnification.
A. 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 pursuant to this AGREEMENT. To the extent permitted by law, 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, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.
B. 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 pursuant to this AGREEMENT. To the extent permitted by law, LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees Rev 03/2025
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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.
20. Prevailing Wages and Labor Code 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 any public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT.
21. 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 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 MAINTENANCE 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.
22. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT at any time with or without cause.
23. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to accept the obligations of the LOCAL AGENCY by entering into a new agreement with STATE, LOCAL AGENCY shall continue to be contractually bound by the terms of this AGREEMENT.
24. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that the individual is duly authorized to execute this Rev 03/2025
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AGREEMENT. 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. Further, on _________, the Council of the City of Bakersfield through Resolution No. _____ approved a recommendation to accept MAINTENANCE responsibilities for the ARTWORK.
25. Amendment to Agreement. The terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES.
26. 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.
27. 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.
THE CITY OF BAKERSFIELD STATE OF CALIFORNIA
By: __________________________
Karen Goh, Mayor
DEPARTMENT OF TRANSPORTATION
Initiated and Approved
By: ___________________________
Gregg Strakaluse, Public Works
Director
By: ___________________________
John Liu, Deputy District Director
Maintenance and Operations
ATTEST:
By: __________________________
Joshua Rudnick, Deputy City
Attorney
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By: __________________________
Randy McKeegan, Finance
Director
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EXHIBIT B
LETTER CERTIFYING CITY SELF-INSURED STATUS
On Local Agency letterhead
Department of Transportation ________________, 20___
1352 W. Olive Avenue
Fresno, Ca 93728-4067
ATTN: Daniel Lum
Re: Statement of Self-Insurance for City of Bakersfield for Transportation Art Maintenance Agreement No. TR 06-5-DL10 with California Department of Transportation for the artwork along SR 204 at Garces Circle (PM 4.785/4.891)
Dear Lum:
This letter certifies that the City of Bakersfield is self-insured and self-funded covering thirdparty claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury and property damage liability, and meets the required coverage amounts in section 21 (Insurance) of the Transportation Art Maintenance Agreement, specifically 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.
If you need any additional information regarding this letter, please direct those inquiries through my office.
Sincerely,
3/19/25
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Finance Manager/Risk Manager/Authorized Representative’s Title Rev 11/2024
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TRANSPORTATION ART MAINTENANCE AGREEMENT
WITH
CITY OF BAKERSFIELD
This Transportation Art Maintenance Agreement (“AGREEMENT”) executed on and effective from _______________________________, is made by and between the State of California, acting by and through the California 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. The PARTIES desire to work together to allocate their respective obligations to the Transportation Art Project that Bakersfield SR 99 California Enhancement project painted artwork on the bridge abutment within STATE Right of Way by the STATE
2. This AGREEMENT will set forth the LOCAL AGENCY’s maintenance responsibilities for the Transportation Art Project (“ARTWORK”) that is painted within the STATE right of way on the bridge abutment at State Route 99/California Avenue Overcrossing, as shown in Exhibit A, attached hereto.
3. Prior to execution of this AGREEMENT, the author(s) of ARTWORK executed a written agreement conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U.S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes. This written agreement between STATE and the author(s) of ARTWORK was executed on 7/5/2024 (Wendy Johnson).
TERMS
1. Definitions.
A. “AGREEMENT” means this AGREEMENT between STATE and LOCAL AGENCY along with exhibits and attachments attached during the execution of this AGREEMENT or in the future by mutual consent of the PARTIES.
B. “ARTWORK” means the entire Transportation Art Project painted within the STATE right of way depicted or described in Exhibit A attached to this AGREEMENT.” Rev 11/2024
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2. Agreements with Creators of ARTWORK. LOCAL AGENCY agrees, represents, and warrants that the author or authors of ARTWORK executed a written agreement, in a form approved by STATE, conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U.S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes. LOCAL AGENCY shall be solely responsible for any damages (including exemplary and punitive damages) arising from its breach of and/or failure to fully comply with this provision of the AGREEMENT.
3. Maintenance Obligation and Standards. LOCAL AGENCY shall have the obligation to maintain the ARTWORK in accordance with this AGREEMENT so long as the ARTWORK exists in any form and in any condition. LOCAL AGENCY shall perform all maintenance of the ARTWORK in compliance with terms of the AGREEMENT, the standards set forth in California Streets and Highways Code section 27, and in accordance with all other applicable California laws, regulations, and standards, including the STATE’s Project Development Procedures Manual (PDPM), Chapter 29, Transportation Art, STATE’s Maintenance Manual, policies, procedures, and specifications in effect as of the execution of this AGREEMENT and as subsequently amended. The obligation to maintain the ARTWORK shall include routine inspections of the ARTWORK and the maintenance, repair, and cleaning of the ARTWORK, as well as the restoration of damaged ARTWORK, graffiti removal (in accordance with the terms of this AGREEMENT), and the removal of dirt, debris, vegetation growth, and weeds surrounding or obscuring the ARTWORK (hereafter collectively referred to as “MAINTAIN/MAINTENANCE”). LOCAL AGENCY’s obligation to MAINTAIN the ARTWORK is until the ARTWORK is removed consistent with terms of this AGREEMENT.
4. Encroachment Permits. Before LOCAL AGENCY, or any of its agents, may enter STATE right of way to perform MAITNENANCE of the ARTWORK, or any MAINTENANCE within STATE’s right of way in which the ARTWORK is located, LOCAL AGENCY shall have applied for and obtained, from the applicable STATE District, an Encroachment Permit in accordance with the STATE Encroachment Permit process. For the term of this AGREEMENT, LOCAL AGENCY shall obtain any encroachment permits required by law to perform the obligations under this AGREEMENT. STATE shall issue any and all encroachment permits at no cost to LOCAL AGENCY. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
5. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti from the ARTWORK. LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall Rev 11/2024
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conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.06.
6. Restoration of ARTWORK. LOCAL AGENCY, at LOCAL AGENCY’s expense, shall restore damaged ARTWORK to its original condition as set forth in Exhibit A either within thirty (30) calendar days of discovery of such damage or within thirty (30) calendar days of being notified in writing by STATE, whichever is sooner. If LOCAL AGENCY is unable to or otherwise fails to restore the damaged ARTWORK by this time, STATE may provide a plan to LOCAL AGENCY which is reasonable and in good faith to perform the required operation.
7. Routine MAINTENANCE. LOCAL AGENCY shall ensure the ARTWORK is provided with adequate routine MAINTENANCE necessary to maintain a neat and attractive appearance in accordance with a schedule mutually agreed to by PARTIES. LOCAL AGENCY shall coordinate said MAINTENANCE with STATE prior to the start of any work.
8. Failure to Perform MAINTENANCE. If during the term of this AGREEMENT, LOCAL AGENCY ceases to perform the MAINTENANCE of the ARTWORK to the satisfaction of STATE as provided by this AGREEMENT, STATE will provide written notice to LOCAL AGENCY to cure the default and LOCAL AGENCY will have thirty (30) calendar days within which to effect that cure. If LOCAL AGENCY does not MAINTAIN the ARTWORK or establish a plan and schedule to do so that is acceptable to STATE, STATE may either perform the MAINTENANCE on behalf of LOCAL AGENCY at LOCAL AGENCY’s expense, remove the ARTWORK at LOCAL AGENCY’s sole cost and expense and restore STATE’s right of way to its prior condition, or direct the LOCAL AGENCY to do so at LOCAL AGENCY’s expense. LOCAL AGENCY hereby agrees to pay said STATE costs and expenses, within thirty (30) calendar days of receipt of billing by STATE.
9. Duties Upon Termination. In the event this AGREEMENT is terminated, LOCAL AGENCY shall remove the ARTWORK if STATE provides written consent for such removal and restore STATE’s right of way to a safe and attractive condition compliant with all applicable laws and regulations and acceptable to STATE.
10. Additional LOCAL AGENCY Duties. During any MAINTENANCE work under this AGREEMENT, LOCAL AGENCY shall be responsible for MAINTAINING traffic operations and traffic control, including traffic lane closures as needed, to perform the MAINTENANCE in a safe and lawful manner. LOCAL AGENCY shall be responsible for obtaining any encroachment permits required by STATE or under this AGREEMENT.
LOCAL AGENCY shall be responsible for complying with any and all state laws and regulations in the performance of its MAINTENANCE duties. LOCAL AGENCY shall provide STATE’s District 6 Area Maintenance Superintendent, (661) 304-0432 at least Rev 11/2024
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twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. MAINTENANCE services shall be performed between the hours of 9:00 AM and 3:00 PM or a time otherwise authorized by STATE and may be performed on weekends and holidays if necessary.
11. Location Impacts. Except as expressly authorized in writing by STATE, LOCAL AGENCY, in performing its obligations under this AGREEMENT, shall not alter any existing freeway or highway structure or facility, nor shall it remove any landscaping within the STATE’s right of way to MAINTAIN or alter the ARTWORK.
12. Costs and Expenses Borne by LOCAL AGENCY. The cost and expense of all work by or on behalf of LOCAL AGENCY shall be borne solely by LOCAL AGENCY, and no cost or expense shall be borne by STATE. STATE will not be responsible for the cost or expense of any MAITNENANCE, or any other maintenance, graffiti removal, repair, or restoration of the ARTWORK. STATE will not be responsible for any damages caused by any vandalism or accidents on the roadway. STATE shall only be responsible for its own direct actions.
13. Obligation to Remove ARTWORK. LOCAL AGENCY shall remove the ARTWORK whenever, in the opinion of STATE, it creates a maintenance, safety, or operational concern. In the event LOCAL AGENCY fails to remove the ARTWORK in a timely manner, STATE may remove the ARTWORK thirty (30) calendar days following written notification to LOCAL AGENCY, and STATE will bill LOCAL AGENCY for, and LOCAL AGENCY shall pay, all costs and expenses arising from its removal and for the restoration of STATE’s right of way to their original condition. STATE reserves the right to remove the ARTWORK or alter parts thereof due to any emergency, such as, but not limited to, an immediate safety hazard to the public as determined by STATE. Removal activities may include any construction, rehabilitation, or other necessary activities affecting transportation facilities without any obligation, compensation to, or approval of LOCAL AGENCY.
14. Unsatisfactory Conditions. STATE may provide LOCAL AGENCY with timely written notice of unsatisfactory conditions that require correction by the LOCAL AGENCY. However, the non-receipt of notice does not excuse LOCAL AGENCY from performing maintenance responsibilities assumed under this AGREEMENT. STATE shall notify LOCAL AGENCY at least thirty (30) calendar days in advance of any planned work that may impact the ARTWORK. If the work required is due to a safety hazard, this notification period does not apply, and STATE will notify LOCAL AGENCY as soon as practicable of the planned or performed work.
15. Acknowledgement of Title. LOCAL AGENCY, and its agents, recognize that STATE owns the exclusive title to the ARTWORK, including but not limited to, the right physically to possess, transfer, sell, dispose of, or destroy the ARTWORK.
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16. Effect on Prior Maintenance Agreements. This AGREEMENT does not supersede or replace any prior maintenance agreements between LOCAL AGENCY and STATE concerning the highways, freeways, or other STATE facilities within the STATE right of way in which the ARTWORK is placed, except to the extent those agreements concern or effect the ARTWORK or the purposes of this AGREEMENT.
17. Encampments. If encampments belonging to Persons Experiencing Homelessness (PEH) are encountered by LOCAL AGENCY during MAINTENANCE of the ARTWORK, the LOCAL AGENCY will inform the STATE and comply with any existing agreements between STATE and LOCAL AGENCY regarding the removal of the PEH and any structures, personal property, debris, and/or other items related to the encampment that covers the location shown in Exhibit A, subject to STATE’s Encampment Removal policy, MPD 1001 R1, as amended, and applicable State and Federal law. In the absence of any such agreements, STATE will determine how to proceed with the PEH and encampment(s) and communicate with LOCAL AGENCY on how to proceed with MAINTENANCE under this AGREEMENT.
18. 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 operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.
19. Indemnification.
A. 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 pursuant to this AGREEMENT. To the extent permitted by law, 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, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.
B. 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 pursuant to this AGREEMENT. To the extent permitted by law, 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.
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20. Prevailing Wages and Labor Code 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 any public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT.
21. 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 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 MAINTENANCE 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.
22. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT at any time with or without cause.
23. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to accept the obligations of the LOCAL AGENCY by entering into a new agreement with STATE, LOCAL AGENCY shall continue to be contractually bound by the terms of this AGREEMENT.
24. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that the individual is duly authorized to execute this AGREEMENT. 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. Further, on ___________, the Council of the Rev 11/2024
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Bakersfield through Resolution No. _____ approved a recommendation to accept MAINTENANCE responsibilities for the ARTWORK.
25. Amendment to Agreement. The terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES.
26. 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.
27. 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.
THE CITY OF BAKERSFIELD
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dated:
Mayor/Chairman
INITIATED AND APPROVED:
Dated: Dated:
CITY Manager John, Liu, Deputy District
Director Maintenance
and Operations
Dated:
1211/24
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EXHIBIT B
LETTER CERTIFYING CITY’S SELF-INSURED STATUS
On Local Agency letterhead
Department of Transportation ________________, 20___
1352 W. Olive Avenue
Fresno, Ca 93728-4067
ATTN: Daniel Lum
Re: Statement of Self-Insurance for City of Bakersfield for Transportation Art Maintenance Agreement No. TAMA 06-4-DL06 with California Department of Transportation for the Artwork along SR 99 at California Avenue
Dear Mr. Lum:
This letter certifies that the City of Bakersfield is self-insured and self-funded covering thirdparty claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury and property damage liability, and meets the required coverage amounts in section 21 (Insurance) of the Transportation Art Maintenance Agreement, specifically 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.
If you need any additional information regarding this letter, please direct those inquiries through my office.
Sincerely,
1211/24
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MA # TAMA-06-4-DL06
PM 24.6
Finance Manager/Risk Manager/Authorized Representative’s Title
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent Resolutions TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Department Director
DATE: June 13, 2025
SUBJECT: Resolution establishing the Fiscal Year 2025-26 sewer user rates and authorizing collection by the Kern County Auditor-Controller’s Office
(CPI Adjustments Only)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Annual fees for residential and commercial sewer user rates are billed on the Kern County property tax roll each fiscal year. Also, new accounts added throughout the year are billed pro-rata by the City until the start of the next fiscal year.
The current rates are based on a rate study and Proposition 218 (“Prop 218”) process approved by the City Council in 2022. Specifically, on March 16, 2022, City Council approved proposed sewer user rate increases over a five-year period and authorized City staff to mail the requisite Prop 218 notices to rate payers. At the June 1, 2022 City Council meeting, following a public hearing, Council adopted Resolution No. 093-2022 that adopted increases sewer user rates for FY22/23 through FY 26/27, including increases effective each July 1 based on the Consumer Price Index (CPI), as allowed by Prop 218. Accordingly, current rates for FY 25/26 are increasing by CPI Only per the prior Prop 218 process and Council Resolution No. 093-2022.
In order for the County to continue collecting the updated annual rates effective July 1, the County requires annual resolutions from the City Council affirming the applicable rates and authorizing placement on the tax roll.
This resolution authorizes the collection of the updated FY 25/26 sewer user rates by the Kern County Auditor-Controller’s Office on the property tax bill. This method is the most efficient means of collecting said fees, as it combines mailing and payment functions into one.
These rate increases reflect CPI adjustments ONLY for the new fiscal year, as set forth and approved by City Council as part of its 5-year Prop 218 process referenced above. Bakersfield’s rates will remain among the lowest of comparable cities.
FISCAL IMPACT:
These charges are for services already rendered at fee levels previously set by City Council; therefore, there is no impact on the General Fund. Applicable rates do not exceed the estimated costs for service.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Resolution
2. Exhibit A
RESOLUTION NO. __________
RESOLUTION PROVIDING FOR THE COLLECTION OF
RESIDENTIAL AND COMMERCIAL SEWER CHARGES BY THE
KERN COUNTY AUDITOR-CONTROLLER’S OFFICE FOR
FISCAL YEAR 25/26
WHEREAS, Chapter 14.12 of the Bakersfield Municipal Code provides for the establishment of fees sufficient to recover reasonable costs of providing sewer services rendered; and
WHEREAS, on June 1, 2022, the City Council adopted Resolution No. 093- 2022, establishing residential and commercial sewer rates for a five-year period effective Fiscal Year 2022/2023 though Fiscal Year 2026/2027, in accordance with the notice and public hearing requirements of Proposition 218 (“Prop 218”); and WHEREAS, as memorialized in Resolution No. 091-2022, the Prop 218 public hearing was properly noticed and advertised in the Bakersfield California, a newspaper of general circulation, in which all persons interested in or objecting to the proposed rate increases could be heard prior to their adoption; and WHEREAS, the rates approved and adopted by the City Council via Resolution No. 093-2022 are adjusted annually based on the Consumer Price Index (CPI) effective each July 1, and
WHEREAS, the City has calculated the annual rates for residential and commercial sewer service for Fiscal Year 2025/2026 in accordance with the rates established by the City Council; and
WHEREAS, the updated fees and charges set forth in Exhibit “A,” attached hereto and incorporated by reference herein, do not exceed the reasonable estimated cost of providing the services for which the dees are charged; and WHEREAS, the City finds that it is necessary and appropriate for the Fiscal Year 2025/2026 rates to be placed on the tax roll for collection, and authorizes said rates to be collected by the Kern County Tax Collector in accordance with this Resolution; and
WHEREAS, the adoption of sewer fees is exempt from the California Environmental Quality Act (CEQA) under the California Public Resources Code Section 21080(b)(8).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals and findings are true and correct and are incorporated herein by reference.
2. The fees and charges set fourth in Exhibit “A” are herby adopted and shall become effective July 1, 2025/
3. The adoption of these fees and charges complies with proposition 218 and Proposition 26.
4. Pursuant to the Bakersfield Municipal Code, the fees and charges herein shall be collected by the Kern County Tax Collector on the property tax rolls.
--oo0oo--
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER ______________________________________________________________ _ ________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio of the
Council of the City of Bakersfield
APPROVED: __________
By _________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________________________
MATTHEW S. COLLOM
Deputy City Attorney I
SFDE
Surcharge
Fee per
CCF
1 $247.13 / unit N/A
0.75 $185.35 / unit N/A
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
0.75 $185.35 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $1.89
1 $247.13 / + flow $2.08
1 $247.13 / + flow $2.08
1 $247.13 / + flow $2.08
1 $247.13 / + flow $2.08
1 $247.13 / + flow $2.68
1 $247.13 / + flow $2.68
1 $247.13 / + flow $2.68
1 $247.13 / + flow $3.46
1 $247.13 / + flow $3.46
1 $247.13 / + flow $3.46
Projected Sewer Rates for Future Years
Table C: Proposed Future Sewer Rates
RATES FY 25/26 FY 26/27
Flat Rate $247.13 FY 25/26 + CPI
Multi Dwelling $185.35 FY 25/26 + CPI
Sewer Surcharge As listed above FY 25/26 + CPI
Industrial User Fee As listed above FY 25/26 + CPI
*Consumer Price Index: Los Angeles – Long Beach - Anaheim, CA * No restaurant or restaurant on separate water meter
Flat Rate Charge
Note 2: Sewer fees for commercial and industrial users are estimated using lower of (1) winter months annualized water consumption (sum of January, February and December multiplied by four) or (2) actual water consumption form prior calendar year.
Note 1: Sewer fees for commercial users consist of 1) a flat rate component, collected on the property tax bill by the Kern County Tax Assessor, and 2) sewer surcharge, which recovers costs that exceed the amount of water consumption allowed for in the flat rate. The minimum sewer charge for all properties is equal to the single family residence rate.
Church
Car Wash
Multiple Dwelling
Single Family Residence
User Group
Storage-Warehouse
Recreational
Petroleum
Hotel, Motel, RV Park *
Timber & Produce Plant
Small Store or Small Office
Light & Heavy Industry
Laundromat
Service Shop
Schools, Day Care Center
Sales, Industrial Sales
Office & Financial Building
Nursing Home, Retirement Home, etc.
Mortuary, etc.
SEWER USER FEES AND CHARGES
RATE SCHEDULE
FISCAL YEAR 2025-2026
Large Store
Hospital
Food Processing
Combination Residence and Store / Office
Market (Grocery Store)
Food or Beverage (Restaurant)
Shopping Center (with Restaurant or Market)
Hotel, Motel, RV Park (With restaurant)
Bigbox Store
Nurseries
Mobile Home, Mobile Home Park
Medical Lab, Ambulance
EXHIBIT A - PAGE 1
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 5, 2025
SUBJECT: Fiscal Year 2025-26 refuse and recycling rates, collection of residential and commercial refuse and recycling charges and delinquent refuse charges
Resolutions establishing the Fiscal Year 2025-26 refuse and recycling rates and authorizing collection by the Kern County Auditor-Controller’s Office:
1. Resolution providing for the collection of residential and commercial refuse and recycling charges by the Kern County Auditor-Controller’s Office for FY 2025-26 (CPI Adjustments Only).
2. Resolution providing for the collection of delinquent refuse charges by the Kern County Auditor-Controller’s Office.
RECOMMENDATION:
Staff recommends adoption of resolutions
BACKGROUND:
Annual fees for residential refuse rates are billed on the Kern County property tax roll each fiscal year.
Also, new accounts added throughout the year are billed pro-rata by the City until the start of the next fiscal year. Some of these bills remain unpaid and become delinquent, and therefore get placed on the tax roll to be collected with the FY 25/26 charges.
The current rates are based on a rate study and Proposition 218 (“Prop 218”) process approved by the City Council in 2022. Specifically, on March 16, 2022, City Council approved proposed refuse and recycling rate increases over a five-year period and authorized City staff to mail the requisite Prop 218 notices to rate payers. At the June 1, 2022 City Council meeting, following a public hearing, Council adopted Resolution No. 091-2022 that adopted increases to refuse and recycling rates for FY22/23 through FY 26/27, including increases effective each July 1 based on the Consumer Price Index (CPI), as allowed by Prop 218. Accordingly, current rates for FY 25/26 are increasing by CPI Only per the prior Prop 218 process and Council Resolution No. 091-2022.
In order for the County to continue collecting the updated annual rates effective July 1, the County requires annual resolutions from the City Council affirming the applicable rates and authorizing placement on the tax roll.
Subject 1: This resolution authorizes the collection of the updated FY 25/26 refuse and recycling charges by the Kern County Auditor-Controller’s Office on the property tax bill. This method is the most efficient means of collecting the flat per-household fees, as it combines mailing and payment functions into one.
The applicable rates for single-family dwelling rates will increase from $286 per unit to $295, multiple family dwelling (up to four units) rates from $258 per unit to $267, and commercial rates by 3.3% percent.
These rate increases reflect CPI adjustments ONLY for the new fiscal year, as set forth and approved by City Council as part of its 5-year Prop 218 process referenced above. Bakersfield’s rates will remain among the lowest of comparable cities.
Subject 2: This resolution transfers the task of collecting delinquent pro-rata charges to the Kern County Auditor-Controller’s Office as a one-time billing on the tax roll, where delinquent fees are remitted to the City as taxes are paid.
Out of approximately $221,857.76 billed for prorated refuse service to new properties throughout the year, $14,234.00 remains delinquent from the prior year. City staff proposes to place these delinquent charges on the Fiscal Year 2025-26 property tax roll.
FISCAL IMPACT:
These charges are for services already rendered at fee levels previously set by City Council; therefore, there is no impact on the General Fund. Applicable rates do not exceed the estimated costs for service.
COUNCIL GOAL:
Economic Opportunity for All
Reliable Infrastructure
ATTACHMENTS:
1. Resolution – Collection of FY 25/26 Refuse Rates
a. Exhibit A – Refuse Rate Sheet
b. Exhibit B – Rate Code Schedule
2. Resolution – Delinquent Collecting
a. Exhibit A – Delinquent Refuse Charges
- Page 1 of 3 Pages -
RESOLUTION NO. ____________
RESOLUTION PROVIDING FOR THE COLLECTION OF
RESIDENTIAL AND COMMERCIAL REFUSE AND
RECYCLING CHARGES BY THE KERN COUNTY AUDITORCONTROLLER’S OFFICE FOR FISCAL YEAR 25/26 WHEREAS, Chapter 8.32 of the Bakersfield Municipal Code provides for the billing of refuse service fees and collection of such charges on the tax roll; and WHEREAS, on June 1, 2022, the City Council adopted Resolution No. 091-2022, establishing residential and commercial refuse and recycling rates for a five-year period effective Fiscal Year 22/23 through Fiscal Year 26/27, in accordance with the notice and public hearing requirements of Proposition 218 (“Prop 218”); and WHEREAS, as memorialized in Resolution No. 091-2022, the Prop 218 public hearing was properly noticed and advertised in the Bakersfield Californian, a newspaper of general circulation, in which all persons interested in or objecting to the proposed rate increases could be heard prior to their adoption; and
WHEREAS, the rates approved and adopted by the City Council via Resolution No. 091-2022 are adjusted annually based on the Consumer Price Index (CPI) effective each July 1; and
WHEREAS, the City has calculated the annual rates for residential and commercial refuse and recycling collection fees and service charges for Fiscal Year 25/26 in accordance with the rates established by the City Council; and
WHEREAS, the updated fees and charges for FY 25/26 set forth in Exhibit “A”, attached hereto and incorporated by reference, do not exceed the reasonable estimated cost of providing the services for which the fees are charged; and WHEREAS, the City finds that it is necessary and appropriate for the Fiscal Year 25/26 rates to be placed on the tax roll for collection, and authorizes said rates to be collected by the Kern County Tax Collector in accordance with this Resolution and the rate codes set forth in Exhibit “B”, attached hereto and incorporated herein; and WHEREAS, the adoption of solid waste increases is exempt from the California Environmental Quality Act (CEQA) under the California Public Resources Code Section 21080(b)(8).
- Page 2 of 3 Pages -
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals and findings are true and correct and are incorporated herein by reference.
2. The fees and charges set forth in Exhibit “A” are hereby adopted and shall become effective July 1, 2025.
3. The adoption of these fees and charges complies with Proposition 218 and Proposition 26.
4. Pursuant to the Bakersfield Municipal Code, the fees and charges herein shall be collected by the Kern County Tax Collector on the property tax rolls, as set forth in Exhibit “B”.
--oo0oo—
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER ______________________________________________________________ _ ________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio of the
Council of the City of Bakersfield
APPROVED: _________
By _________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________________________
ASHLEY ZAMBRANO
- Page 3 of 3 Pages -
Deputy City Attorney II
ATTACHMENTS:Exhibit A – Bakersfield FY 2025-26 Monthly Refuse & Recycling Rates Exhibit B – Solid Waste Schedule of Rate Codes and Rates S:\COUNCIL\Resos\24-25\Resolution for the Collection of Refuse Fees FY 25-26_final.docx COMMERCIAL Size
BIN SERVICE Cubic Yard (CY) 1 2 3 4 5 6
Refuse (Black/Tan) Bin Haul 1.5 CY $125.73 $170.80 $270.39 $377.17 $491.03 $614.37 County Gate Fee $22.60 $45.18 $67.78 $90.38 $112.97 $135.56 Total $148.32 $215.98 $338.17 $467.55 $604.00 $749.93
Refuse (Black/Tan) Bin Haul 2 CY $157.18 $213.46 $338.05 $470.84 $613.23 $766.17 County Gate Fee $30.12 $60.26 $90.38 $120.52 $150.63 $180.75 Total $187.30 $273.71 $428.43 $591.36 $763.86 $946.91
Refuse (Black/Tan) Bin Haul 3 CY $188.54 $256.18 $405.64 $567.64 $735.33 $917.61 County Gate Fee $45.18 $90.38 $135.56 $180.75 $225.93 $271.12 Total $233.73 $346.56 $541.20 $748.39 $961.26 $1,188.74 Organic (Green) Recycling Bin Haul 2 CY $157.18 $213.46 $338.05 $470.84 $613.23 $766.17 Organic Composting Fee $29.62 $59.24 $88.86 $118.48 $148.10 $177.72 Total $186.80 $272.70 $426.91 $589.32 $761.33 $943.89
Organic (Green) Recycling Bin Haul 3 CY $188.54 $256.18 $405.64 $564.54 $735.33 $917.95 Organic Composting Fee $48.76 $97.33 $146.29 $195.05 $243.81 $292.57 Total $237.31 $353.51 $551.92 $759.59 $979.14 $1,210.53 Mixed Recycling (Blue) Bin Haul 3 CY $188.54 $256.18 $405.64 $567.64 $735.33 $917.95 Mixed Recycling (Blue) Bin Haul 6 CY $235.68 $314.71 $493.41 $681.56 $881.66 $1,093.54
BIN RENTALS BIN REPLACEMENT RATES
Refuse Bin $29.14 Replacement Bin (3 CY Plastic) $1,033.00 Organics Bin $31.00 Replacement Bin (3 CY Metal) $1,136.30 Recycling Bin (3 CY) $18.91 Replacement Bin (6 CY Metal) $1,549.50 Recycling Bin (6 CY) $22.04
COMMERCIAL CARTS (max. 3 per site)
Large Refuse Cart (Tan/Black- 1 x per week) $31.30 Solid Waste Division Rate $121.50 Per Hour County Gate Fee $7.15 Unscheduled Cart Service $60.75 For Each Cart Serviced $38.45 Unscheduled Bin Service $137.95 For Each Bin Serviced Manual Bin/Cart Handling or
Small Refuse Cart (Tan/Black- 1 x per week) $25.03 Locking Fee $11.95 Per Pickup County Gate Fee $4.78 Transportation of Container $121.50 Per Container Up to 3 Containers $29.81 Container Storage Fee $10.64 Per Day
Service Restart Fee $60.75 Restart Fee to Return Containers Organic Cart (Green- 1 x per week) $41.77
Organic Composting Fee $7.64 Unscheduled Bulky Item Pickup $60.75
49.41 Organic Composting Fee $61.21 Per Ton
Organic Facility Gate Fee $61.21
Recycling Cart (Blue) Every Other Week PU $20.66 WSA $42.72 WSA-G (Gate Fee) $12.67
$55.39
COMPACTOR/ROLLOFF SERVICES
COMPACTOR SERVICES
Compactors/Refuse $425.19 Per Haul
County Gate Fee $67.25 Per Ton
County Gate Fee (C&D Material Only) $92.76 Per Ton
One-Time Delivery $144.66
OPEN TOP ROLLOFF FOR REFUSE Gate Fee Varies
One-Time Delivery $144.66 Rental After 7 Days $10.64 Per Day Haul Per Load to Landfill $358.69
County Gate Fee $67.25 Per Ton
County Gate Fee (C&D Material Only) $92.76 Per Ton
Rental After 7 Days $10.64 Per Day
RESIDENTIAL SERVICES
SINGLE FAMILY DWELLING UNITS $295.00 Per Year $24.58 Per Month County Land-use/Unit for 1 to 4 Units Each $185.00 Per Year $15.41 Per Month MULTIFAMILY DWELLING UNITS $267.00 Per Year $22.25 Per Month County Land-use/Unit for 4 Units or Less $185.00 Per Year/Unit $15.41 Per Month County Land-use/Unit for 5 Units or More $148.00 Per Year/Unit $12.31 Per Month Unscheduled/Go-back Cart Service $60.75 Per Cart
Unscheduled Bulky Item Pickup $60.75 Per 2 Items
ADDITIONAL CART FEE* $146.00 Paid In Full Once Per Year by Resident, Separate From Normal Service Fee REPLACEMENT CART FEE $95.00 Per Cart (tan/black, green, or blue), No Courtesy/Free Replacements *Multifamily Dwelling Units are not eligible for an additional cart, only single family homes.
NOTES
4.33 Average Number of Weeks Per Month (52/12) 64 Gallons = (2) 32-Gallon Cans or 1 Small Cart 202 Number of Gallons Per Cubic Yard (CY) 96 Gallons = (2) 32-Gallon Cans or 1 Large Cart
COMMERCIAL SERVICES
NUMBER OF COLLECTIONS PER WEEK
NOTE: A premium rate to include the regular commercial bin service and the Solid Waste Division hourly rate will be applied to all services that require pushing and pulling of bins over 10 feet and/or requires drivers to back over 100 feet.
The premium rate is the division hourly rate times the number of services per week times the average number of weeks per month (4.33). Bins with compacted material are charged THREE TIMES the standard bin rate.
COMMERCIAL BIN RENTALS
COMMERCIAL CART & SPECIAL EVENT SERVICES
OPEN TOP ROLLOFF FOR RECYCLING
SPECIAL EVENTS/ADDITIONAL SERVICES
Wall Street Alley (WSA) Shared City Bins = 1 CY
Per Ton For 3 Axel Vehicles & Above (Eff. January 1, 2026 ALL Commercial Vehicles 2 Axel & Above)
FY 2025-26
MONTHLY REFUSE & RECYCLING RATES
3.30% FY 2025-2026 Increase (City Commercial & Residential Fees) 128 Gallons = (4) 32-Gallon Cans or 2 Small Carts
3.23% FY 2025-2026 Increase (County Commercial & Residential Landfill and Gate Fees) 192 Gallons = 2 Large Carts DISTRICT: CITY OF BAKERSFIELD, SOLID WASTE
FUND #: 20110 PAGE: 1
SCHEDULE OF RATE CODES AND RATES
FOR TAX YEAR: 2025-2026
RATES INCLUDE AUDITOR-CONTROLLER'S CHARGE NO
(I)nc / (A)dd
**NOTE** DISTRICTS CAN ASSIGN RATE CODES 02 THROUGH 98
(RATE CODES 00, 01 AND 99 ARE PREASSIGNED)
RATE CODE RATE DESCRIPTION OF RATE CODE
00 FLAT AMOUNT
01 295.00 $ SINGLE FAMILY UNIT
MEMO 99 MINIMUM AMOUNT (DON'T USE ON DISK)
02 534.00 $ MULTIPLE DWELLING-2 UNITS (YEARLY)
03 801.00 $ MULTIPLE DWELLING-3 UNITS (YEARLY)
04 $ MULTIPLE DWELLING-4 UNTIS(YEARLY) 1,068.00
05 24.58 $ SINGLE FAMILY 1 UNIT (MONTHLY)
06 44.50 $ MULTIPLE DWELLING- 2 UNITS (MONTHLY)
07 66.75 $ MULTIPLE DWELLING- 3 UNTIS (MONTHLY)
08 89.00 $ MULTIPLE DWELLING-4 UNTIS (YEARLY)
EXHIBIT A
1 RESOLUTION NO. _____________
RESOLUTION PROVIDING FOR THE COLLECTION OF
DELINQUENT REFUSE CHARGES BY THE KERN COUNTY
AUDITOR-CONTROLLER'S OFFICE.
WHEREAS, Chapter 8.32 of the Bakersfield Municipal Code provides for the billing of refuse service fees and collection on the tax roll; and WHEREAS, said refuse services and special charges are billed by the City of Bakersfield Finance Department; and
WHEREAS, the City of Bakersfield has been unable to collect on certain delinquent accounts as shown in attached Exhibit A, attached hereto and incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals and findings are true and correct and are incorporated herein by reference.
2. The Council of the City of Bakersfield transfers the function of collection of delinquent special refuse charges as set forth in Exhibit A attached hereto, to the Kern County Tax Collector pursuant to Chapter 8.32 of the Bakersfield Municipal Code to be billed at the time of billing of property taxes for Fiscal Year 25/26. The fees for services have been imposed in accordance with Proposition 218 (Article XIIID of the California Constitution) as adopted by the City Council.
------------o0o--------------
2 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER ______________________________________________________________ _ ________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio of the
Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________________________
ASHLEY ZAMBRANO
3 Deputy City Attorney II
EXHIBIT A
CITY OF BAKERSFIELD
FISCAL YEAR 2024/2025 DELINQUENT REFUSE CHARGES
FUND 20127
COLLECT ON FISCAL YEAR 2025/2026 TAX ROLL
FUND ATN
ACTION
CODE
RATE
CODE CITY STATE AMOUNT
20127 40501049007 A 00 BAKERSFIELD CA $ 1,032.00
20127 40501050009 A 00 BAKERSFIELD CA $ 1,032.00
20127 40501051002 A 00 BAKERSFIELD CA $ 1,032.00
20127 40501052005 A 00 BAKERSFIELD CA $ 1,032.00
20127 02316411004 A 00 BAKERSFIELD CA $ 516.00
20127 53908301005 A 00 BAKERSFIELD CA $ 516.00
20127 53908209002 A 00 BAKERSFIELD CA $ 516.00
20127 53908302008 A 00 BAKERSFIELD CA $ 516.00
20127 53908208009 A 00 BAKERSFIELD CA $ 516.00
20127 53908303001 A 00 BAKERSFIELD CA $ 516.00
20127 53908207006 A 00 BAKERSFIELD CA $ 516.00
20127 53908206003 A 00 BAKERSFIELD CA $ 516.00
20127 53908305007 A 00 BAKERSFIELD CA $ 516.00
20127 53908203004 A 00 BAKERSFIELD CA $ 516.00
20127 53908306000 A 00 BAKERSFIELD CA $ 516.00
20127 53908202001 A 00 BAKERSFIELD CA $ 516.00
20127 00921110000 A 00 BAKERSFIELD CA $ 516.00
20127 01828009017 A 00 BAKERSFIELD CA $ 286.00
20127 01815013001 A 00 BAKERSFIELD CA $ 516.00
20127 51611310002 A 00 BAKERSFIELD CA $ 286.00
20127 14729016002 A 00 BAKERSFIELD CA $ 1,020.00
20127 01029001001 A 00 BAKERSFIELD CA $ 774.00
20127 01319006008 A 00 BAKERSFIELD CA $ 516.00
TOTAL $14,234.00
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: March 26, 2025
SUBJECT: Elevator modernization at the BPD Headquarters (Ward 2)
1. Resolution determining that elevator modernization work can most efficiently be procured through cooperative procurement bidding procedures from TK Elevator Corporation and authorizing the Finance Director to dispense with bidding.
2. Approve contract to TK Elevator Corporation for elevator modernization at the Bakersfield Police Department Headquarters in the amount of$423,350.
3. Authorize staff to approve, as necessary, up to $26,650 in City controlled contingency for unforeseen conditions encountered during the construction of the project for a total budget amount of $450,000.
RECOMMENDATION:
Staff recommend approval of the agreement, and the City controlled contingency BACKGROUND:
The Bakersfield Police Department’s Headquarters is a two-story facility located at 1601 Truxtun Avenue that was built approximately in 1975. The existing two elevators are the original from when the facility first opened. Both elevators are over 48 years old.
The elevators at the Bakersfield Police Department’s Headquarters are antiquated and outdated. As a result, parts and materials required for repairs are difficult to find which has caused both elevators down time to increase up to three weeks until parts are found. This downtime adversely affects operations of the facility. The elevator issues that have occurred due to their age and poor condition are the following:
burned or faulty relays, inoperable control buttons, oil leaks, faulty seals, electrical issues, high cost of maintenance and energy inefficiency.
The modernization of the elevators for the Bakersfield Police Department’s Headquarters would ensure compliance with all current fire and life safety standards and State of California standards as well as addressing all the maintenance issues. In addition, modernizing both elevators will decrease energy consumption, reduce maintenance costs and eliminate extended downtime of the elevators.
The City municipal code section 3.20.060(D)(6) allows the City to dispense with bidding when it is determined that work, supplies, equipment or materials is not available from local vendors and that it is in the best interests of the City, and to the City’s economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost by entering into a cooperative procurement contract that was competitively bid within the last thirty-six months or is one that is still active and valid. TK Elevator Corporation has entered into a competitive procurement contract with Sourcewell to offer discount pricing for their work. Staff recommend adoption of the Resolution to dispense with bidding to procure elevator modernization services and approval of the agreement for the Police Department.
The City of Bakersfield Municipal Code section 3.20.105(E) authorizes Public Works Contract Amendments to be executed via Change Order, provided that Change Orders which exceed $10,000 must be approved by the City Council. Staff request pre-approval of up to $26,650 for City-controlled contingency for unforeseen conditions encountered during construction of this project, to be executed via authorized Change Order(s). Any costs which exceed the City Council approved contingency, cumulative or otherwise, it would require action and approval from the City Council. The City-controlled contingency will save staff time by eliminating the need to prepare separate Council reports for each routine change order that may arise during the project. Any unused contingency funds will be returned to the fund balance upon project completion.
FISCAL IMPACT:
Sufficient funds are budgeted in the Capital Outlay Fund for this project.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Resolution
2. Partially signed agreement
- Page 1 of 3 Pages -
RESOLUTION NO. _________________
A RESOLUTION OF THE BAKERSFIELD CITY
COUNCIL DISPENSING WITH FORMAL
BIDDING PROCEDURES IN THE PURCHASE OF
ELEVATOR MODERNIZATION SERVICE FOR
THE POLICE DEPARTMENT FROM TK ELEVATOR
CORPORATION AND AUTHORIZING THE USE
OF COOPERATIVE PROCUREMENT
CONTRACTS FOR THE PURCHASE.
WHEREAS, the City may enter into cooperative procurement contracts for work, supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(7); and
WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, equipment or materials the City is currently paying; and WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contracts is to the City’s economic advantage and in the City’s best interests; and
WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active; and
WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially comply with the City’s procurement process, including public advertisement for sealed bids and awards determined on the basis of best value.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
- Page 2 of 3 Pages -
2. The Council finds that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active.
3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(6) of the Bakersfield Municipal Code and to negotiate the purchase of same.
4. The Finance Director or his designee is authorized to purchase Elevator Modernization service through Sourcewell pursuant to the terms and conditions of Contract No. 080420-TKE with TK Elevator Corporation and may be amended from time to time and including any options to renew that may be exercised by Sourcewell.
5. That in the event certain work, supplies, equipment or materials needed by the City are available through more than one of these cooperative procurement contracts and within the timeframe required by the City, the Finance Director or his designee shall purchase such work, supplies, equipment or materials from the vendor offering the lowest price.
6. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from the vendors herein. --oo0oo--
- Page 3 of 3 Pages -
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ____________________________, by the following vote:
YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCIL MEMBER ______________________________________________________________ ABSTAIN: COUNCIL MEMBER ______________________________________________________________ ABSENT: COUNCIL MEMBER _______________________________________________________________
________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED _________________
By _________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ______________________________
VIRGINIA GENNARO
City Attorney
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent – Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 5, 2025
SUBJECT: Resolution of Intention No. 2238
to Vacate the Alley between F and G Streets located behind 1820 18th Street (Ward2) RECOMMENDATION:
Staff Recommends the adoption of the Resolution of Intention.
BACKGROUND:
Sage Bakersfield, applicant on behalf of owner, Church Plaza LLC, has requested a Summary Vacation in accordance with Section 8330, et, seq., specifically Section 8331, of the State and Highway Code. The purpose of this full alley vacation is to privatize to enable higher security. The applicant ensures shared access by the adjacent property owners will be in place prior to final resolution. This privatized alley will also be used by residents of the new multifamily development planned for 1820 18th Street.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is a city sewer facility in the vacating area. A public utility easement will be placed over the vacated area.
The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300-foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report.
The proposed vacation was approved by the Planning Department on June 10th, 2025, per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402.
The public hearing for this vacation is scheduled to take place on July 9th, 2025, at 5:15 pm in the Council Chambers.
FISCAL IMPACT:
There is no fiscal impact to the City.
COUNCIL GOAL:
Economic Opportunity for All
ATTACHMENTS:
1. ROI - Consent Calendar
2. Map Exhibit A
C:\PROGRAM FILES\ESCRIBE\TEMP\1911798796\1911798796,,,ROI - CONSENT CALENDAR.DOC - 1 - RESOLUTION OF INTENTION NO. 2238
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF That PORTION OF
THE “Wall Street” ALLEY BETWEEN G STREET AND F STREET,
BEHIND
1820 18th Street (WARD 2)
WHEREAS, the City has received a request from the property owners adjacent to the subject alley to vacate that portion of the “Wall Street” alley between G Street and F Street, behind 1820 18th Street (Ward 2); and
WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed action could have a significant effect on the environment; and
WHEREAS, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 on June 10th, 2025, by the Planning Director.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein.
2. This Resolution of Intention is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California.
3. The Council intends to order the vacation of that portion of the “Wall Street” alley between G Street and F Street, behind 1820 18th Street, all in the City of Bakersfield, County of Kern, State of California, more particularly as shown on Exhibit “A” attached hereto and made part hereof.
4. The City is to reserve a Public Utility Easement (PUE) over the vacated area of the 33’ alley running east and west between G Street and F Street, behind 1820 18th Street.
5. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, June 25th 2025, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place when all persons interested in or objecting to the proposed vacation may appear before the City Council and be heard.
6. The City Clerk shall cause notice of the date, hour, and place of said hearing on this Resolution of Intention to be published for two successive weeks prior thereto in The Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield, California, shall cause “Notice of Vacation” to be posted as required by Section 8323 of the Streets and Highways Code of the State of California.
C:\PROGRAM FILES\ESCRIBE\TEMP\1911798796\1911798796,,,ROI - CONSENT CALENDAR.DOC - 2 -
7. The City Clerk shall certify to the passage of this resolution and shall cause the same to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the City of Bakersfield, within fifteen (15) days after its passage. ---------------oOo---------------
C:\PROGRAM FILES\ESCRIBE\TEMP\1911798796\1911798796,,,ROI - CONSENT CALENDAR.DOC - 3 - I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________ _ ________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO,
CITY ATTORNEY
By _________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
C:\PROGRAM FILES\ESCRIBE\TEMP\1911798796\1911798796,,,ROI - CONSENT CALENDAR.DOC - 4 - Attachments: Exhibit “A”
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BLOCK 242 ALLEY VACATION
80 40 a ao
20 SCALE: i"=80'
JOB NO. 24050.00
DA TE: 04 /09 /2!:i
FILE NO. 24050AVO·,
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ADMINISTRATIVE REPORT
MEETING DATE: June 11, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: May 28, 2025
SUBJECT: Agreement with Housing Authority of the County of Kern ($1,400,000) in HOME-ARP for Supportive Services
consisting of $300,000 for Supportive Services and $1,100,000 for Affordable Housing (Ward 3)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The HOME Investment Partnerships American Rescue Plan (HOME-ARP) provides funding to participating HOME jurisdictions to reduce homelessness and increase housing stability. HOME-ARP provided $5 billion to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and noncongregate shelter to reduce homelessness and increase housing stability across the country.
In September 2021, the Department of Housing and Urban Development (HUD) conditionally allocated $5,458,039 to the City of Bakersfield in HOME-ARP funds and provided guidelines on the requirements to prepare and submit an Allocation Plan.
On May 28, 2024, the City of Bakersfield released its HOME-ARP Notice of Funding Availability (NOFA) for the development of affordable rental housing units, supportive services and non-profit capacitybuilding assistance to serve qualifying populations.
The Housing Authority of the County of Kern (Authority) submitted a proposal for $1,400,000 in HOMEARP funds for forty-eight (48) permanent housing units that lack a housing subsidy at CityServe Elevate Apartments, located at 3201 F St, Bakersfield, CA 93301. The funding will establish a capitalized project operating cost assistance reserve ($1,100,000) and will also provide tenants with onsite supportive services ($300,000) for five years.
At this time, half of the units are occupied while the construction team works through the final occupancy requirements for the 3rd and 4th floors. Once complete, the full project will provide 126 units to people experiencing homelessness or at risk of homelessness and homeless youth or youth at risk of homelessness.
FISCAL IMPACT:
No impact to the General Fund.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENT:
Agreement
ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: June 13, 2025
SUBJECT: Agreement with Miller Mendel, Inc. (not to exceed $119,000) for a web-based electronic Statement of Personal History software system designed and developed to assist with pre-employment background investigations RECOMMENDATION:
Staff recommends approval of this agreement.
BACKGROUND:
Pre-employment background investigations require time and staff resources to conduct and are required for all candidates wishing to enter the Bakersfield Police Department academy, as well as a condition of employment for various other positions throughout the City organization.
Miller Mendel provides a web-based electronic Statement of Personal History software (“eSOPH”) developed to assist with pre-employment background investigations. On April 14, 2022, the City of Bakersfield and Miller Mendel, Inc. entered into Agreement No HR22-006 for the use of eSOPH to help in streamlining pre-employment background investigations, making the process more efficient, and onboarding candidates in a more timely manner.
The parties now wish to enter into this agreement for an additional 3 years for the continued use of the software by the Bakersfield Police Department.
FISCAL IMPACT:
Funds for this item are budgeted and paid for through the PSVS Fund COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Agreement.pdf
AGREEMENT NO. ___________
[TECHNOLOGY SERVICES – LICENSE/SUBSCRIPTION]
This AGREEMENT (“Agreement”) is entered into on and effective as of ____________________ by and between the CITY OF BAKERSFIELD, a municipal corporation and Charter City (“City”), and MILLER MENDEL, INC (“Provider”) a corporation, authorized to do business in California with its principal place of business at 1425 Broadway, #430, Seattle, WA 98122.
WHEREAS, Provider provides a web-based “eSOPH” or electronic Statement of Personal History” software system designed and developed to assist with pre-employment background investigations; and WHEREAS, City previously entered into Agreement No HR22-006 on April 14, 2022, with Provider to subscribe to background investigations; and WHEREAS, City desires to subscribe to Provider’s eSOPH software for an additional 3 year term for the use by Bakersfield Police Department subject to and in accordance with the Miller Mendel Quote #2069 for year 1 attached hereto as Exhibit A and incorporated herein as Miller Mendel Quote #2070 for year 2 attached hereto as Exhibit B and incorporated herein as Miller Mendel Quote #2071 for year 3 attached hereto as Exhibit C and incorporated herein as Miller Mendel Inc. Master Software Subscription Services terms and conditions attached hereto as Exhibit D and incorporated herein.
WHEREAS, in light of the intellectual property and subscription-based nature of Provider’s programs and services, City’s use of Provider’s services and/or products are subject to compliance with Provider’s terms and conditions, and therefore City has agreed to abide by the above-referenced attachment(s); and
WHEREAS, notwithstanding the above, the Parties understand and agree that City’s standard contracting procedures require use of this cover sheet and signatories and certain delineated terms set forth below, which shall govern the term of this Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and PROVIDER hereby agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), Provider shall perform the following: provide a web-based “eSOPH” or electronic Statement of Personal History” software system designed and developed to assist with pre-employment background investigations (“Scope of Work”). The Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C Scope of Work shall be subject to the terms and conditions set forth in Exhibit A through D, attached hereto.
2. COMPENSATION. Subject to the conditions of this section, CITY will pay PROVIDER as follows for performing the Scope of Work (“Compensation”): a total payment not to exceed $109,491.90 in accordance with the costs and fees set forth in Exhibit A through D. In the event additional flat-rate services are used by CITY that exceed the projected costs in Exhibits A-D, those services shall be billed at the same rates set forth in Exhibits A-D and CITY shall pay Provider for all such costs pursuant to this section.
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $119,000.00 for performing the Scope of Work, unless otherwise amended by the Parties to ensure full and fair compensation to PROVIDER for all services rendered to CITY.
3. TERM. Notwithstanding any contrary terms set forth in Exhibits A through D, this Agreement shall terminate on June 30, 2028, unless terminated sooner.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
FOR CITY OF BAKERSFIELD
(“CITY”):
By: _______________________________
KAREN GOH
Mayor
By: _______________________________
GREGORY PRONOVOST
Technology Services Director
FOR MILLER MENDEL, INC
(“PROVIDER”):
By: _______________________________
[signature]
Printed Name & Title:
___________________________________
ATTACHMENTS:
Exhibit A- Miller Mendel Quote #
Exhibit B- Miller Mendel Quote#
Exhibit C- Miller Mendel Quote#
Exhibit D- Miller Mendel Master Software
Subscription Services Agreement
2069
2070
2071
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C President & CEO Tyler Miller
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _______________________________
ASHLEY ZAMBRANO
Deputy City Attorney
COUNTERSIGNED:
By: _______________________________
RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C
THANK YOU FOR YOUR BUSINESS
Miller Mendel, Inc.
1425 Broadway, #430
Seattle, WA 98122
[email protected]
ADDRESS SHIP TO
Bakersfield Police Department
Accounts Payable
1601 Truxton Ave.
Bakersfield, California 93301
USA
Bakersfield Police Department
Accounts Payable
1601 Truxton Ave.
Bakersfield, California 93301
USA
Quote 2069
DATE 04/30/2025
EXPIRATION DATE 06/30/2025
QTY PRICE TOTAL
eSOPH Entry
Entry into the eSOPH system. Includes 8 GB of data storage credit for the license year.
400 45.00 18,000.00T
Fee for Support
Support during License Year (per term 3.1.7 of licensing agreement. 15% of total amount for Entries).
1 2,700.00 2,700.00
CA POST Access Annual
California POST access, annual fee. OPTIONAL service/module. 1 275.00 275.00T
Fax Annual
Fax service, annual fee. OPTIONAL service/module. Cost per page/unit not included.
1 275.00 275.00T
Fax Unit/Page
Fax service: charge for page/unit sent or received. Client will be invoiced for actia; amount of fax page/units used on a quarterly basis. This is an annual estimate for budgetary purposes only. Pricing stated for this OPTIONAL SERVICE is “best guess pricing” and is not guaranteed. MMI cannot control the pricing of third-party services in the future. Pricing is subject to change.
11,000 0.05 550.00T
Credit Report
Employment Insights Credit Report. Client will be invoiced for actual number of reports requested on a quarterly basis. OPTIONAL SERVICE.
This is an annual estimate for budgetary purposes only. Pricing stated for this optional service is “best guess pricing” and is not guaranteed. MMI cannot control the pricing of third-party services in the future. Pricing is subject to change.
400 4.50 1,800.00T
Social Media Report
Social Media Comprehensive Screening Report. Client will be invoiced for actual number of reports requested on a quarterly basis. This is an annual estimate for budgetary purposes only. Pricing stated for this OPTIONAL SERVICE is “best guess pricing” and is not guaranteed. MMI cannot control the pricing of third-party services in the future. Pricing is subject to change.
400 22.50 9,000.00T
Exhibit A
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C
THANK YOU FOR YOUR BUSINESS
QTY PRICE TOTAL
Production Data Storage
Data storage overages/archive storage costs. Client will be invoiced for ACTUAL amount of data storage used on a quarterly basis. This is an annual estimate for budgetary purposes only.
1 1,300.00 1,300.00
Terms & Additional Details
1. EIN: 27-1802751.
2. Unless a separate mutual agreement between Client and MMI states otherwise, all invoices are due NET 30.
3. Data storage pricing is as follows: Not to exceed $15 per GB, per month for production data storage overages. Archive data storage not to exceed $3.50 per GB per month.
4. Credit reports: $4.50 per report requested. Social media reports: $22.50 per report requested.
5. Fax service: 5 cents per unit/page sent or received. The annual fax module fee is additional for the fax service to be enabled.
6. Invoices for production data storage overages (if any), archive storage, credit reports, social media reports and the fax service, are emailed on a quarterly basis and due NET 30.
7. All other Terms and Conditions are set forth in the Miller Mendel MSLSA / MSSSA (licensing agreement) and any
mutually agreed to and signed addendums. Client’s PO does not add, modify, or cancel any terms found in the
MSLSA/MSSSA.
SUBTOTAL 33,900.00
TAX 0.00
TOTAL $33,900.00
Accepted By Accepted Date
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C
THANK YOU FOR YOUR BUSINESS
Miller Mendel, Inc.
1425 Broadway, #430
Seattle, WA 98122
[email protected]
ADDRESS SHIP TO
Bakersfield Police Department
Accounts Payable
1601 Truxton Ave.
Bakersfield, California 93301
USA
Bakersfield Police Department
Accounts Payable
1601 Truxton Ave.
Bakersfield, California 93301
USA
Quote 2070
DATE 04/30/2025
EXPIRATION DATE 06/30/2025
QTY PRICE TOTAL
eSOPH Entry
Entry into the eSOPH system. Includes 8 GB of data storage credit for the license year.
400 48.15 19,260.00T
Fee for Support
Support during License Year (per term 3.1.7 of licensing agreement. 15% of total amount for Entries).
1 2,889.00 2,889.00
CA POST Access Annual
California POST access, annual fee. OPTIONAL service/module. 1 300.00 300.00T
Fax Annual
Fax service, annual fee. OPTIONAL service/module. Cost per page/unit not included.
1 300.00 300.00T
Fax Unit/Page
Fax service: charge for page/unit sent or received. Client will be invoiced for actia; amount of fax page/units used on a quarterly basis. This is an annual estimate for budgetary purposes only. Pricing stated for this OPTIONAL SERVICE is “best guess pricing” and is not guaranteed. MMI cannot control the pricing of third-party services in the future. Pricing is subject to change.
11,000 0.0535 588.50T
Credit Report
Employment Insights Credit Report. Client will be invoiced for actual number of reports requested on a quarterly basis. OPTIONAL SERVICE.
This is an annual estimate for budgetary purposes only. Pricing stated for this optional service is “best guess pricing” and is not guaranteed. MMI cannot control the pricing of third-party services in the future. Pricing is subject to change.
400 4.815 1,926.00T
Social Media Report
Social Media Comprehensive Screening Report. Client will be invoiced for actual number of reports requested on a quarterly basis. This is an annual estimate for budgetary purposes only. Pricing stated for this OPTIONAL SERVICE is “best guess pricing” and is not guaranteed. MMI cannot control the pricing of third-party services in the future. Pricing is subject to change.
400 24.08 9,632.00T
Exhibit B
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C
THANK YOU FOR YOUR BUSINESS
QTY PRICE TOTAL
Production Data Storage
Data storage overages/archive storage costs. Client will be invoiced for ACTUAL amount of data storage used on a quarterly basis. This is an annual estimate for budgetary purposes only.
1 1,550.00 1,550.00
Terms & Additional Details
1. EIN: 27-1802751.
2. Unless a separate mutual agreement between Client and MMI states otherwise, all invoices are due NET 30.
3. Data storage pricing is as follows: Not to exceed $15 per GB, per month for production data storage overages. Archive data storage not to exceed $3.50 per GB per month.
4. Credit reports: $4.50 per report requested. Social media reports: $22.50 per report requested.
5. Fax service: 5 cents per unit/page sent or received. The annual fax module fee is additional for the fax service to be enabled.
6. Invoices for production data storage overages (if any), archive storage, credit reports, social media reports and the fax service, are emailed on a quarterly basis and due NET 30.
7. All other Terms and Conditions are set forth in the Miller Mendel MSLSA / MSSSA (licensing agreement) and any
mutually agreed to and signed addendums. Client’s PO does not add, modify, or cancel any terms found in the
MSLSA/MSSSA.
SUBTOTAL 36,445.50
TAX 0.00
TOTAL $36,445.50
Accepted By Accepted Date
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C
THANK YOU FOR YOUR BUSINESS
Miller Mendel, Inc.
1425 Broadway, #430
Seattle, WA 98122
[email protected]
ADDRESS SHIP TO
Bakersfield Police Department
Accounts Payable
1601 Truxton Ave.
Bakersfield, California 93301
USA
Bakersfield Police Department
Accounts Payable
1601 Truxton Ave.
Bakersfield, California 93301
USA
Quote 2071
DATE 04/30/2025
EXPIRATION DATE 06/30/2025
QTY PRICE TOTAL
eSOPH Entry
Entry into the eSOPH system. Includes 8 GB of data storage credit for the license year.
400 51.52 20,608.00T
Fee for Support
Support during License Year (per term 3.1.7 of licensing agreement. 15% of total amount for Entries).
1 3,091.20 3,091.20
CA POST Access Annual
California POST access, annual fee. OPTIONAL service/module. 1 325.00 325.00T
Fax Annual
Fax service, annual fee. OPTIONAL service/module. Cost per page/unit not included.
1 325.00 325.00T
Fax Unit/Page
Fax service: charge for page/unit sent or received. Client will be invoiced for actia; amount of fax page/units used on a quarterly basis. This is an annual estimate for budgetary purposes only. Pricing stated for this OPTIONAL SERVICE is “best guess pricing” and is not guaranteed. MMI cannot control the pricing of third-party services in the future. Pricing is subject to change.
11,000 0.0572 629.20T
Credit Report
Employment Insights Credit Report. Client will be invoiced for actual number of reports requested on a quarterly basis. OPTIONAL SERVICE.
This is an annual estimate for budgetary purposes only. Pricing stated for this optional service is “best guess pricing” and is not guaranteed. MMI cannot control the pricing of third-party services in the future. Pricing is subject to change.
400 5.15 2,060.00T
Social Media Report
Social Media Comprehensive Screening Report. Client will be invoiced for actual number of reports requested on a quarterly basis. This is an annual estimate for budgetary purposes only. Pricing stated for this OPTIONAL SERVICE is “best guess pricing” and is not guaranteed. MMI cannot control the pricing of third-party services in the future. Pricing is subject to change.
400 25.77 10,308.00T
Exhibit C
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C
THANK YOU FOR YOUR BUSINESS
QTY PRICE TOTAL
Production Data Storage
Data storage overages/archive storage costs. Client will be invoiced for ACTUAL amount of data storage used on a quarterly basis. This is an annual estimate for budgetary purposes only.
1 1,800.00 1,800.00
Terms & Additional Details
1. EIN: 27-1802751.
2. Unless a separate mutual agreement between Client and MMI states otherwise, all invoices are due NET 30.
3. Data storage pricing is as follows: Not to exceed $15 per GB, per month for production data storage overages. Archive data storage not to exceed $3.50 per GB per month.
4. Credit reports: $4.50 per report requested. Social media reports: $22.50 per report requested.
5. Fax service: 5 cents per unit/page sent or received. The annual fax module fee is additional for the fax service to be enabled.
6. Invoices for production data storage overages (if any), archive storage, credit reports, social media reports and the fax service, are emailed on a quarterly basis and due NET 30.
7. All other Terms and Conditions are set forth in the Miller Mendel MSLSA / MSSSA (licensing agreement) and any
mutually agreed to and signed addendums. Client’s PO does not add, modify, or cancel any terms found in the
MSLSA/MSSSA.
SUBTOTAL 39,146.40
TAX 0.00
TOTAL $39,146.40
Accepted By Accepted Date
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 1 OF 23
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT
This Master Software Subscription Services Agreement (this “Agreement”) is made and entered into on the last date signed below (“Effective Date”) between Miller Mendel, Inc., a Washington corporation with an address at 1425 Broadway, #430, Seattle, WA 98122 (“MMI”), and the City of Bakersfield, by and through the Bakersfield Fire Department, with an address at 2101 H St, Bakersfield, CA 93301. (“Client”). MMI and Client may each be referred to individually as a “Party” or collectively as the “Parties.”
BACKGROUND
A. MMI is a technology company with a principal market in offering software subscription services to governmental and private entities;
B. Client desires to subscribe and use MMI's software system known as the "eSOPH" or "electronic Statement Of Personal History.” The eSOPH System (defined below) is a web-based software system designed and developed to assist with pre-employment background investigations. The eSOPH System allows Client to manage pre-employment background investigations of persons who apply for employment with Client.
C. MMI is willing to allow Client and its Applicants to use the eSOPH System in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties, each intending to be legally bound hereby, do promise and agree as follows:
AGREEMENT
1. DEFINITIONS. Except for the terms defined below, all initially capitalized terms used in this Agreement will have the meanings described within the text of this Agreement. As used herein, the following terms have the following defined meanings:
1.1 “Applicant” means a registered end-user that accesses the eSOPH System at the request of a Client to input or upload data or documents for the purpose of Client’s management of one or more pre-employment background investigations.
1.3 “Applicant Data” means any data transmitted by Applicant to the eSOPH System.
1.4 “Authorized User” means any user, excluding Applicant(s), who accesses the eSOPH System on behalf of Client, including independent contract companies or individuals conducting work on behalf of Client, and regulatory agency personnel such as academy and “POST” personnel of a state or other government entity.
1.5 “Available” means that the eSOPH System is: (a) available and accessible for use via the web-based interface provided by MMI, provided that Client has an operational Internet connection and all compatible hardware and software, including web browsers, required to access and use the eSOPH System; and (b) functioning in substantial compliance with the Master Agreement and the Documentation.
1.6 “Availability” shall have the meaning described in Section 2.14 (Availability Standards).
1.7 “Client” means the entity stated in the first paragraph at the top of this page, licensed to use the eSOPH System in accordance with the terms and conditions of this Agreement.
1.8 “Client Data” means all data and other information uploaded or transmitted to or keyed into the eSOPH System by Client or an Applicant.
1.9 “Client Specific Terms” means the terms and conditions specific to Client included in a Quote.
1.10 “Defect” means a failure of eSOPH System to substantially conform to the functional specifications set forth in the Master Agreement or the Documentation.
1.11 [Not Used].
Exhibit D
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 2 OF 23
1.12 “Documentation” means any training materials, product descriptions, technical descriptions, flow charts, or other written or other tangible documentation provided or made available to Client by MMI that describes or depicts the functionality of the eSOPH System.
1.13 “Entry” has the meaning ascribed to it in Section 2.3.2.
1.14 “eSOPH System” means MMI's "electronic Statement Of Personal History" web-based software system designed and developed to assist with pre-employment background investigations, and all related Software.
The eSOPH System allows MMI’s clients to manage pre-employment background investigations of persons who apply for employment and volunteer positions with Client.
1.15 “Intellectual Property Rights” means all intellectual property rights throughout the world, whether existing under intellectual property, unfair competition or trade secret laws, or under statute or at common law or equity, including but not limited to: (i) copyrights, trade secrets, trademarks, trade names, patents, inventions, designs, logos and trade dress, “moral rights,” mask works, rights of personality, publicity or privacy, and any other intellectual property and proprietary rights; and (ii) any registration, application or right to apply for any of the rights referred to in this clause; and (iii) any and all renewals, extensions and restorations thereof, now or hereafter in force and effect.
1.16 [Not Used]
1.17 “License Period” shall have the meaning set forth in Sections 4.1 (Term) and 4.2 (Renewals), below.
1.18 “Primary Administrative User” means the Authorized User of Client’s choosing who is authorized to grant initial eSOPH System login and password credentials to another Authorized User to access and use the eSOPH System.
1.19 “Quote” means the written quotation delivered by MMI to Client for the Services, and any other costs and fees agreed by the Parties, applicable for the License Period. The most recent Quote agreed to by the Parties is hereby incorporated into this Agreement and shall supersede the terms of any prior Quote.
1.20 [Not Used]
1.21 “Security Incident” means an unauthorized third-party gaining access to Client Data in MMI’s storage, possession, or care if it was accessed in unencrypted readable form and either (a) it creates a substantial risk of harm to Client or any individual(s) or (b) applicable law requires notification to individuals’ whose personal information was accessed.
1.22 “Services” means, collectively, the provision of the eSOPH System in accordance with the Section
2.9 (Support Services), related professional services, and any other services to be provided by MMI to Client pursuant to this Agreement.
1.23 “Service Credit” means a credit or refund issued pursuant to Section 2.14.2 (Uptime Guarantee; Remedies for Excessive Downtime) for failure to meet the Availability standards set forth in Section 2.14 (Availability Standards).
1.24 “Setup Date” means the day of activation and setup of Client’s access to the eSOPH System, which will occur on the first day of training unless otherwise specified and agreed to in writing by the Parties.
1.25 “Software” means the eSOPH System, related proprietary software owned by MMI, and any thirdparty software required to operate the eSOPH System, all in machine readable, object code form, together with all enhancements, modifications, corrections and amendments thereto.
1.26 “Software Fees” means fees paid for Entries, licensing fees for access to the eSOPH System, and any fees paid for maintenance and support allocable to a given calendar month. Software Fees excludes fees paid for professional services (e.g., training, customization, set-up, or installation) and fees paid for corrective work outside the scope of the Support Services described in Section 2.9 (Support Services).
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 3 OF 23
1.27 “Support Request” means a written request for resolution of a Defect submitted by Client to MMI.
1.28 “Support Services” means the support and maintenance services described in Section 2.9 (Support Services).
1.29 “Total Authorized Cost” shall have the meaning given in Section 3.6 (Total Contract Cost Authorized).
2. eSOPH SYSTEM LICENSE AND SUPPORT SERVICES
2.1 License Grant. MMI, by this Agreement, hereby grants to Client a revocable, limited license to access and use the eSOPH System commencing on the Setup Date and for the remainder of the License Period in accordance with the terms and conditions of this Agreement. MMI will provide the eSOPH System to Client in accordance with the Quote for the then-current License Period and terms of this Agreement (or any applicable successor Agreement).
2.2 Authorized User Designation. Client shall designate all current Administrative Users of the eSOPH System in accordance with Section 2.6 (Administrative Users). A current Administrative User may grant System access to additional Authorized Users. Client shall ensure its Authorized Users’ compliance with the terms of this Agreement, and Client assumes and accepts all responsibility and all liability for each of Client’s Authorized Users, and any user whom the Client, or Client’s Authorized Users, grants eSOPH System access, including all their acts or omissions while accessing and using the eSOPH System and/or any information obtained through such access and use.
2.2.1 [Not Used]
2.2.2 [Not Used]
2.3 Set-Up and Use of the eSOPH System.
2.3.1 Upon execution of this Agreement by both parties and MMI’s receipt of a purchase order issued by Client in accordance with Section 3 (Fees and Payments), MMI will commence work with Client to establish Client’s account on the eSOPH System and provide setup and training for Client’s access and use of the eSOPH System.
2.3.2 For each Applicant, an Authorized User (with appropriate permission levels set in the eSOPH System), must create an entry method into the eSOPH System for the Applicant. One method is by entering the Applicant's legal name and other identifying information into the eSOPH System. This is considered an "Entry." An Authorized User, may then grant access to the eSOPH System to the Applicant, who may use it to submit information to assist Client in commencing its background investigation of such Applicant. The second entry method is for an Authorized User to create an access code within the eSOPH System. The access code, if given out to Applicants, will allow those Applicants with the access code to access the system with no further data entry by any Authorized User. The Applicant(s) then has/have access to the eSOPH System to submit information to assist Client in executing its background investigation of such Applicant(s). Each Applicant who accesses the system via the access code option will also be considered an “Entry”. Any Authorized Users may access and use the eSOPH System for the purpose of adding information, and accessing and reviewing information submitted by Applicant(s), third party references and other Authorized Users. Any Authorized User, including Applicants, must be capable of entering into legally binding agreements.
2.3.3 If Client intends to allow Authorized Users who are legal minors to access and use the eSOPH System, Client will, at Client’s sole expense and risk, provide a legally sufficient release agreement to be executed by the minor’s legal guardian(s), prior to the minor’s access to the eSOPH System. The release must include language legally sufficient to hold MMI harmless and release MMI of all liability. Client agrees it shall be solely liable for such use by minors, and will retain all executed release agreements, and will provide MMI a fully legible copy of the requested release agreement(s), if so requested by MMI, within five calendar days of MMI’s request. Client is solely responsible for researching and complying with all laws regarding a minor’s access to and use of the eSOPH System.
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 4 OF 23
2.4 Restrictions on Use.
2.4.1 Except as expressly permitted below, Client, including its Authorized Users, is strictly forbidden from entering at any time fictitious data (e.g., names, social security numbers, addresses, phone numbers or other data) into the eSOPH System for “testing,” “training,” or any other purpose. MMI reserves the right to invoice Client at MMI’s then-standard hourly rate, for the removal of any fictitious data entered by any Authorized User. MMI will provide to Client a “fake” applicant name and the other information necessary to conduct training and testing with its Authorized Users, at Client’s request. MMI will remove the “fake” applicant from the eSOPH System, after requested by Client, at completion of Client’s testing or training.
2.4.2 Client may use the eSOPH System only to aid in pre-employment background investigations for those Applicants who have applied for employment or a volunteer position within the Client’s specific government agency (e.g., state government, township, county, city, and village).
2.4.3 Client shall not permit any person to, access or use the eSOPH System to send or store obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children, or which infringes or otherwise violate third-party privacy rights, or harmful computer code.
2.5 Acknowledgment of Ownership and Limited License Rights. As between MMI and Client, MMI is the sole and exclusive owner of the eSOPH System (including all updates), Documentation, and all Intellectual Property Rights associated therewith. The eSOPH System is licensed for limited use, not sold, to Client.
Client shall have only the rights specifically granted by MMI under this Agreement. No additional rights are granted or may be inferred. Client shall not: (i) make any modifications to any portion of the eSOPH System to which it is not intended to have access, via the user interface; (ii) copy, modify, or create derivative works or improvements of any portion of the eSOPH System, Software or Documentation; (iii) rent, lease, lend, sell, sublicense or assign eSOPH or the Documentation to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (iv) attempt to reverse engineer, disassemble, reverse translate, decompile, decode or copy any portion of the eSOPH System, Software or Documentation; (v) access or use eSOPH for the development, provision, or use of a competing software service or product, nor assist any third-party in doing so; (vi) remove any patent, trademark, service mark, copyright or other proprietary rights notices which MMI places on the eSOPH System, Software or Documentation; or (vii) take any other actions inconsistent with the limited rights granted by this Agreement.
2.5.1 Client shall immediately notify MMI of any activity to which it becomes aware which may constitute infringement or attempted infringement of MMI’s rights in and to the eSOPH System or any thirdparty rights, including violations of intellectual property law(s). Client shall provide MMI with all reasonable assistance necessary or desirable for MMI to protect any of its rights, including without limitation its Intellectual Property Rights, in connection with the eSOPH System and agrees, upon written request from MMI, to furnish any and all records and information regarding the party suspected of infringement.
2.6 Administrative Users. Client shall designate one person as their Primary Administrative User and one person as their Backup Primary Administrative User. Contact information for the two admin users must be kept up to date with MMI. To ensure data and system security of Client’s system and data, these two users shall be the only two users who can request and authorize the removal or disabled or lockout statuses of Authorized User accounts, or any other support that involves adding or removing system or account access. When the Primary or Backup Administrative User changes, the outgoing Primary or Backup Administrative User must send written notice via email to [email protected] from their official (Client’s) email, instructing eSOPH Support to remove them from the role and add the new individual as their replacement.
2.7 System Updates. The eSOPH System may be updated on an as-needed basis by MMI or MMI contracted service providers. Client may need to update its Internet browsers, connections, Internet service, and some hardware from time to time to permit ongoing compatibility with the eSOPH System. While eSOPH has been tested and works with all major browsers, Google Chrome is recommended.
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 5 OF 23
2.8 Sample Forms. The scope, content, format and other details of information and materials requested from Applicants through eSOPH as well as the forms and fields used to collect such information are within the exclusive control of Client and its Authorized Users. Any default or sample forms or fields provided or pre-loaded on the eSOPH System (“Sample Forms”) are provided by MMI “as is” with no warranty of any kind, express or implied. If Client uses such Sample Forms, Client does so at Client’s own risk, and Client is solely responsible for evaluating such Sample Forms’ suitability for Client’s purposes and making any necessary or appropriate changes, including without limitation changes required for compliance with laws and regulations that apply to Client. Client understands MMI does not maintain or provide updates to forms or other content within the control of Client through the user interface. Client is responsible for all updates to forms to maintain compliance with their own internal policies as well as state and federal regulations and laws.
2.9 Support Services. MMI shall provide the following services (the “Support Services”) with respect to the eSOPH System:
2.9.1 MMI will use its commercially reasonable efforts to: (i) maintain the eSOPH System so that it operates without Defects; (ii) host and make the eSOPH System Available at all times excluding Scheduled Downtime; and (iii) cure or minimize the adverse impact of any Defect as soon as is reasonably practicable after such Defect is reported in accordance with this Section 2.9 (Support Services).
2.9.2 Subject to Client’s maintaining suitable environments and systems that are compatible, MMI shall provide, install, and implement, as they become available, any bug fixes of the eSOPH System that are provided by MMI free of additional charge to all licensees of the eSOPH System.
2.9.3 Excluded Services. The Support Services do not include any of the following: (a) configuration of other applications required to access eSOPH System, including, but not limited to Client’s internet service, operating systems, firewalls, or networking components; (b) Client’s ongoing training needs; (c) any version upgrades of Client’s 3rd party software used in connection with the eSOPH System; (d) enhancements, modifications, or customization to the eSOPH System performed at the Client’s request and not intended to resolve a Defect; or (e) resolution of Defects caused by any of the events described in Section 2.13 (Exclusions), below.
2.9.4 MMI Support Hours. MMI will provide support as outlined in this Agreement 365 days a year, 24 hours a day.
2.10 Support Request Requirements. In order that MMI can provide effective and efficient support, Client should comply with the following procedures in requesting Support Services:
2.10.1 If an Administrative User cannot timely resolve a problem through configuration(s) they have access to, or if the problem repeats, then a Support Request should be submitted to MMI. (a) Certain actions can only be performed by Client’s Administrative User(s), including: adding, disabling or removing lock-out or disabled statuses from User Accounts.
2.10.2 [Not Used]
2.10.3 Information Required in Support Request. Each Support Request must include the following information, at a minimum (“Minimum Required Information”):
(a) Names of Applicants, References and Authorized Users involved with clear notation of their title;
(b) Date and time of each occurrence;
(c) Computer operating system used by party experiencing the defect; (d) Name of internet browser and version;
(e) Specific steps to allow MMI personnel to recreate the issue; Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 6 OF 23 (f) Exact wording of any error message received, URL or name of page it was received on, or a screen shot of the error;
(g) A description of all steps previously completed to resolve the defect; and (h) If MMI has permission to contact the party directly, if needed. Include contact information.
2.10.4 Additional Information. In addition to the Minimum Required Information listed above, Client shall provide MMI with such other information, files, and records related to the Defect that MMI reasonably requests.
2.10.5 [Not Used]
2.11 [Not Used]
2.12 [Not Used]
2.13 Exclusions. MMI shall not be responsible for resolving and expressly disclaims liability and responsibility for lack of Availability or Defects to the extent caused by any of the following:
2.13.1 Client’s negligence, abuse, misapplication, misconfiguration, or misuse of eSOPH System, including use of the eSOPH System in violation of the Master Agreement, MMI-provided training, or any written instructions provided by MMI to Client from time to time;
2.13.2 Use of eSOPH System with any hardware, operating system version or network environment that is not supported by MMI, or other problems resulting from defects in Client’s or a third party’s software or hardware; or,
2.13.3 Problems with Client and/or its Authorized Users’ telecommunications systems, Client and/or its Authorized Users’ internet service provider, or the public internet to the extent affecting internet performance on a general basis (e.g., such as a regional outage), natural disasters, denial of service attacks, acts of terrorism, labor strikes, any other force majeure event, or any other event reasonably beyond MMI’s control.
2.14 Availability Standards
2.14.1 Scheduled Downtime. MMI shall strive to avoid and minimize disruptions to the availability and functioning of the eSOPH System. The eSOPH System may be unavailable for scheduled backup and system maintenance (“Scheduled Downtime”) during off-peak hours between the hours of 10:00 p.m. and 3:00 a.m., Pacific Standard Time (the “Maintenance Window”). On a limited and discretionary basis, MMI may adjust the Maintenance Window to occur between the hours of 7:00 p.m. and 3:00 a.m. Pacific Standard Time by providing Client with at least 24 hours’ notice posted on the log-in screen of the eSOPH System. MMI shall use its best commercially reasonable efforts to schedule all planned downtime during such Maintenance Window. If emergency maintenance must be performed on the eSOPH System which, in MMI’s sole discretion, cannot wait until the normal Maintenance Window, MMI will promptly notify Client of such lack of Availability (in advance, if possible) and undertake reasonable commercial efforts to minimize the impact and duration of any such maintenance activity. Any such downtime for maintenance occurring outside the Maintenance Window shall not be deemed Scheduled Downtime for purposes of calculating the Availability percentage described in Section
2.14.3, below.
2.14.2 Uptime Guarantee; Remedies for Excessive Downtime. MMI shall provide Availability of the eSOPH System at least 99% of the time, excluding Scheduled Downtime and lack of Availability caused by the events described in Sections 2.13 and 2.14.3. In the event the Availability of the eSOPH System falls below 99% in any calendar month, MMI will issue to Client a service credit (“Service Credit”) in the form of additional Entries equal to the percentage of Entries purchased by Client for the calendar month (Entries per current License Period divided by the total months in the respective License Period) set forth in the table below corresponding to the actual Availability of the Software. To receive Service Credits, Client must submit a written request to MMI within fifteen (15) days after the end of the calendar month in which the eSOPH System failed to Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 7 OF 23 achieve 99% Availability, or Client’s right to receive Service Credits with respect to such unavailability will be waived by Client. The remedies stated in this Section are Client’s sole and exclusive remedies and MMI’ sole and exclusive obligations for service interruption or lack of Availability.
2.14.3 Availability is measured by the following formula: x= (n - y) *100 / n where: “x” is the Availability percentage; “n” is the total number of hours in the given calendar month minus Scheduled Downtime; and “y” is the total number of downtime hours exclusive of Scheduled Downtime and downtime caused by the events set forth in Section 2.13 (Exclusions) in the given calendar month.
TABLE 2.14
DOWNTIME FEE CREDIT
Availability Percentage of Monthly Software Fees
Credited
> 99.0% 0%
95.0% - < 99% 3%
90.0% - < 95.0% 5%
80.0% - < 90.0% 10%
3. FEES AND PAYMENT
3.1 Subscription, Setup and Support Fees. Client will pay to MMI the amounts for services in accordance with Section 3 (Fees and Payments). Payments made to MMI by Client will be in USD.
3.1.1 Client Set-up. Upon receipt of this fully executed Agreement and Client’s purchase order, MMI will begin the set-up process of Client on the eSOPH System in accordance with the terms of the Agreement.
(a) Client is responsible for scheduling end user training with MMI within 45 calendar days from the date of admin setup and training. End user training must be completed within 60 calendar days from the date of admin setup and training. If Client fails to complete the end user training within the timeline stated, the admin setup and training may need to be redone. If the admin setup and training is redone, MMI will invoice Client again for admin setup and training at a slightly reduced rate. Client agrees to pay such invoice in accordance with the payment terms outlined in this Agreement.
3.1.2 Fees for Subscription and Support. Client is responsible to pay for all Services listed on the Quote(s) that have been accepted through Client’s issuance of a Purchase Order. Client shall also be responsible for payment of all amounts due for data storage and optional services. The cost of these Services are listed on all Quotes and invoices.
3.1.3 Additional Training. Additional training is available on a cost per hour basis and must be approved in advance by the Client’s administration or management having authority to authorize purchases.
3.1.4 Corrective Services. MMI reserves the right to Invoice Client no more than $200 per hour for any Corrective Services Client requests. “Corrective Services” are typically services needed by Client from MMI to correct a mistake made by Client’s Authorized Users, which cannot be corrected by Client through the User Interface. Requests must be received by MMI in writing from the Primary Administrative, Backup Primary Administrative User or higher authority within Client’s organization. A one-hour minimum will be charged for Corrective Services performed by MMI.
3.1.5 Entries.
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 8 OF 23 (a) The number of Entries desired by Client for each License Period shall be included in a Quote provided to the Client. The entire quantity of Entries listed on the Quote will be added to Client’s eSOPH system once Client’s Purchase Order on the Quote is received by MMI. Entries will be not added and invoiced to Client without MMI’s receipt of Client’s Purchase Order based on a valid, non-expired quote from MMI.
(b) Unused Entries which have been paid for will be carried over automatically to the next License Period, when eligible. To be eligible, Client may not have any outstanding invoices that are past due by more than 60-days.
(c) [Not Used]
(d) Non-Fixed-Price Entries. Pricing of Entries for each License Period will be subject to MMI’s then-standard rate for Entries.
3.1.6 Data Storage Overage. The amount of data storage used in excess of that stated in the then-current Quote will be invoiced at the price listed on the then-current Quote for the License Period. Invoicing intervals for Data Storage fees will be set at the discretion of MMI, which will be no more than once per month.
Data storage is calculated by the space used by Client on the main production system(s) only; space used for backups is not invoiced. Due to time zone differences, data usage calculations may vary by up to three hours.
MMI is unable to carry over credit for data storage not used during a License Period. Archive data storage used by Client (subject to availably) will be invoiced at the price listed on the most current Quote Client.
3.1.7 [Not Used]
3.1.8 [Not Used]
3.2 Invoices; Payment. Invoices shall be issued in accordance with the payment terms set forth in this Agreement. All pre-approved expenses and other charges, if applicable, will be listed on the invoice as a separate item. The Parties agree the terms and conditions of this Agreement will supersede any conflicting or additional terms set forth in any purchase order documents. Unless otherwise provided in this Agreement, Client will pay the undisputed amounts of any invoices within thirty (30) days of the invoice date.
3.2.1 To request additional Entries and related services, Client shall email [email protected] with the number of Entries and a list of other services they wish to be included on a Quote. Client shall also include the top step hourly rate for the classification conducting the background investigations within their agency. When MMI receives Client’s Purchase Order, the Entries and other applicable services will be added to Client’s eSOPH system and Client will be invoiced for those services. For more information regarding eSOPH pricing, please request MMI’s eSOPH Pricing Information document.
3.3 Disputes. Client will notify MMI of any disputed charges, in writing, within fifteen (15) days from the date of invoice. The written dispute will include the bases of the dispute and must include each term of the Agreement that validates Client’s bases for dispute. MMI and Client will attempt in good faith to resolve any dispute.
If the Parties resolve the dispute, MMI will re-invoice for the agreed amount and payment will be due upon receipt of the invoice. If the Parties fail to resolve the dispute within thirty (30) days after the notice by Client, then MMI will consider all disputed amounts as immediately due and payable, and failure of Client to make payment shall be considered a material breach pursuant to Section 4.3.5, below.
3.4 Taxes and exemptions. Client shall also pay or arrange exemption from any taxes, charges, or other fees imposed on its use of the eSOPH System (other than taxes on MMI’s income), including any applicable sales and/or use tax. If Client is a government agency and represents it is exempt from state or local sales or use tax, and it’s later determined Client is not exempt from such tax, Client is responsible for paying or reimbursing MMI for all outstanding sales or use tax, including any penalties and interest.
3.5 [Not Used]
3.6 [Not Used]
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 9 OF 23
4. TERM, RENEWAL AND TERMINATION
4.1 Term. This Agreement shall commence on the Effective Date and continue in effect for one (1) year (the initial “License Period”), and any subsequent renewal License Periods pursuant to Section 4.2 (Renewal), below.
4.2 Renewal. This Agreement shall not renew without action by Client. Client may renew this license annually for one (1) year periods (each a “License Period”) upon MMI’s receipt of Client’s Purchase Order, which must be based on a non-expired Quote from MMI. The Parties agree that Client’s issuance of a Purchase Order will extend all terms of this Agreement for an additional License Period of one (1) year.
4.2.1 [Not Used]
4.2.2 [Not used]
4.3 Termination.
4.3.1 If this Agreement is not renewed in accordance with Section 4.2, it shall automatically terminate upon expiration of the then-current License Period.
4.3.2 Either Party may terminate this Agreement prior to expiration of a License Period without cause upon sixty (60) days prior written notice to the other Party, per the following terms and conditions. (a) If Client terminates this Agreement prior to expiration of the current License Period, Client shall be responsible for payment for all data storage fees and fees for any optional services used.
MMI will not issue any refund(s) on amounts already paid to MMI for services MMI delivered, regardless of whether actually used by Client.
(b) If MMI unilaterally terminates this Agreement prior to expiration of the current License Period without cause, MMI will issue Client a refund for up to 50% of the remaining Entries, minus any outstanding charges owed by Client. MMI does not issue refunds in greater amounts, or for other circumstances, due to the upfront expenses MMI sustains from data storage costs and continuous maintenance of the eSOPH System.
4.3.3 MMI may terminate this Agreement immediately upon Notice and without allowance for cure, upon any breach by Client of Section 2.4 (Restrictions on Use), or Section 2.5 (Acknowledgement of Limited Rights); or if Client or any of its Authorized Users violates MMI’s Intellectual Property Rights.
4.3.4 Either Party may terminate this Agreement with cause upon thirty (30) days written Notice to the other Party in the event the other Party: (a) becomes insolvent; (b) makes an assignment for the benefit of creditors; (c) files a voluntary bankruptcy petition; (d) acquiesces to any involuntary bankruptcy petition; (e) is adjudicated bankrupt; (f) ceases to do business; (g) or other reason amounting to any violation of law connected to the use of the eSOPH System.
4.3.5 Without limiting the Parties respective rights in Sections 4.3.3 and 4.3.4 above, either Party may terminate this Agreement with cause in the event that the other Party breaches this Agreement and the breaching Party does not cure such breach within thirty (30) days after receiving the written Notice of the breach and intent to terminate from the non-breaching Party. If either Party gives Notice to the other for substantially the same breach three (3) times during a twelve (12) month period, the non-breaching Party may terminate this Agreement immediately with cause upon delivery of the third Notice to the breaching Party.
4.3.6 A Party’s termination of this Agreement under this Section 4.3 does not limit either Party from seeking other appropriate legal or equitable remedy for any breach.
4.4 Effect of Termination. In the event of termination, except as set forth in Section 4.3.2(b) above, Client shall have no right to refund for payments made pursuant to Section 3 of this Agreement. Client shall be obligated to pay in full upon Termination all invoices which were not disputed prior to the Termination. Client may Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 10 OF 23 continue to access previously entered Client Data in the eSOPH System for a period of thirty (30) calendar days after Termination in order to facilitate Client retrieval of Client Data.
4.5 Survival. Where the context, nature, or express terms of any provision indicates intent that it shall survive termination or expiration of this Agreement, then it shall survive the same, including without limitation Sections 1 (Definitions), Section 2.4 (Restrictions on Use), Section 2.5 (Acknowledgement of Ownership and Limited License Rights), Section 3 (Fees and Payment), Section 4.3 (Termination), Section 5 (Data Access, Confidentiality and Security), Section 6 (Representations and Warranties), Section 7 (Limitation of Liability), Section 9 (Corrective Actions), Section 10 (Insurance), Section 11 (Notices) and Section 12 (General Terms and Conditions).
5. DATA ACCESS, CONFIDENTIALITY AND SECURITY
5.1 Authorized User Access Only. Client is responsible for all use of its Authorized Users accounts on the eSOPH System. Client shall ensure that its Authorized User(s) properly control and limit access to the eSOPH System to Client’s appropriate Authorized Users, and that Client’s Authorized Users properly protect their logins, passwords and all other login credentials to prevent unauthorized access and misuse of Client Data, Applicant Data and any other information that may be accessed through the eSOPH System. Client is responsible for its own policy regarding Authorized Users changing their passwords, minimum password complexity requirements beyond what is required by the eSOPH System, and which computer terminals may be used to access the eSOPH System by its Authorized Users, including any unattended devices or computers logged into the eSOPH System. Client shall ensure any previous Authorized User who no longer has a valid purpose to access the eSOPH System will have their eSOPH System login credentials disabled within the eSOPH System, without delay. Former Authorized Users who separate from their relationship with Client shall have their login credentials immediately disabled, without delay, by Client. Client will ensure that each Authorized User has unique login credentials; an Authorized User may not share or disclose its login credentials to any other person, even if such other person is also an Authorized User.
5.2 Two-Factor Authentication. Client acknowledges the eSOPH System offers optional two-factor authentication using Google Authenticator, and that “One Time Passcode” two-factor authentication via email, is standard and mandatory on all Authorized User and Applicant logins. Individual Authorized Users and Applicants can upgrade to Google Authenticator, if desired.
5.3 Client’s Sharing of Applicant Data. The eSOPH System allows Client to externally share Applicant data and other information about Applicants from the eSOPH System. If Client or its Authorized User(s) share Applicant Data or other information about an Applicant with a third party, Client must: (i) possess valid, signed authorization from each Applicant whose Applicant Data or information is to be shared, legally adequate to authorize Client to share such Applicant Data or information, (ii) refrain from violating any law, policy, term or rule by sharing, transmitting or otherwise disclosing such Applicant Data or information, and (iii) keep the Applicant Data and information secure and private in accordance with any and all applicable privacy laws, and other legal requirement(s) and obligation(s).
5.4 MMI’s Sharing of Basic Applicant Data. Client acknowledges and understands a valuable part of the eSOPH System is the ability for Client to determine if an Applicant has been entered into the eSOPH System by other MMI client(s). If Client enters an Applicant into the eSOPH System, the eSOPH System will disclose if any other MMI client has previously entered the same Applicant into the eSOPH System. “Basic Applicant Data” information produced to other MMI clients is limited to: Agency/entity name, position applied for, entered date, and closed date. The eSOPH System will also display the point of contact for any other agency(s) who have previously entered the Applicant into the eSOPH System. If Client purges their backgrounds from the eSOPH System, the Basic Applicant Data (as defined in this Section) will remain on the eSOPH System and be visible to other MMI clients. Further information regarding another agency’s entry of an Applicant, must be gained through that agency’s permission and their own internal process(es). Client, through execution of this Agreement, acknowledges this feature of the eSOPH system and that MMI cannot disable this feature.
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 11 OF 23
5.5 Security Incident. In the event MMI learns of a Security Incident that involves potential or confirmed unauthorized access to Client Data, MMI will take all reasonable steps to notify Client within 24-hours of learning of the breach. Notification will be made to at least one of Client’s Primary Administrative User and Backup Primary Administrative User using the contact information on file for these Authorized Users. At the request of Client, and with Client’s cooperation and assistance, MMI will work together with law enforcement and other personnel in connection with the unauthorized access into the eSOPH System. MMI takes the privacy and security of data seriously, and uses reasonable administrative, technical, and physical safeguards to protect the confidentiality and security of all Client Data. Clients are encouraged to review MMI’s eSOPH Security Overview, which is updated as needed by MMI from time to time and is available upon request.
5.6 Ownership of Client Data. Client owns all Client Data entered into the eSOPH System by its Authorized Users and its Applicants, including Applicant Data entered in response to the Client’s request for information to process an Applicant’s background investigation. MMI will not share Client Data with third parties, except as expressly stated in this Agreement or by written authorization from Client.
5.7 Post-Termination Retention of Data. Without limiting Client’s rights to Client Data and Applicant Data hereunder, MMI may retain and store the following data during and after the term of this Agreement:
Applicant name, Applicant telephone number, Applicant mailing address, Applicant email address, Applicant year of birth, date the Applicant was entered into the eSOPH System, Applicant’s background investigation close date, position Applicant has applied for with Client, and the legal agreements (e.g., MMI’s Electronic Signature Agreement, Terms of Use and Privacy Policy) related to any Authorized User’s or Applicant’s use of the eSOPH System. MMI may retain such information and use it to comply with applicable law and the eSOPH System Terms of Use and Privacy Policy and for the purposes described in Section 5.4 (MMI’s Sharing of Basic Applicant Data).
Other than as stated in this Agreement, MMI will not use such information for other purpose unless authorized in writing by Client.
5.8 Confidential Information. In performance of this Agreement, the Parties may directly or indirectly disclose to each other confidential information, proprietary information, or confidential data (“Confidential Information”). “Confidential Information” shall include any data and/or information that is identified by either Party as confidential (either orally or in writing) or is of such a nature that a reasonable person would understand such information to be confidential, including, but not limited to, (a) trade secrets or confidential business information of either Party, including without limitation information about such Party’s technology, financial information, and plans; and (b) personal information of employees, Applicants, and Authorized Users, including but not limited to, images, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records, educational records or other information identifiable to a specific individual that relates to any of these types of information (“Personally Identifiable Information” or “PII”).
5.9 Exclusions from Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information the receiving Party can prove by clear and convincing written contemporaneous evidence is: (1) publicly known through no fault or negligence of the receiving Party; (2) rightfully possessed by the receiving Party prior to disclosure by the disclosing Party; (3) rightfully obtained by the receiving Party from a third-party in lawful possession of such Confidential Information without obligation of confidentiality; (4) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information.
5.10 Restrictions on Use and Disclosure. Each party shall not use the other party’s Confidential Information for any purpose other than performance of its obligations and exercise of its rights under this Agreement.
Furthermore, each party shall not disclose the other party’s Confidential Information to any third party except to such party’s employees, contractors, and other representatives who (a) have a bona fide need to know such Confidential Information for purposes of performing this Agreement, (b) have been informed of the confidential nature of such information, and (c) have agreed in writing or are otherwise legally bound not to use or further disclose such information except as permitted by this Agreement.
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 12 OF 23
5.11 Disclosure Required by Law. Notwithstanding the foregoing, Confidential Information may be disclosed by a receiving Party to the extent required to be disclosed by public disclosure law or a court order, subpoena, or similar legal requirement; or necessary to disclose to prevent severe physical injury to or loss of life of an individual; provided, however that the receiving Party shall notify the disclosing Party prior to such required disclosure promptly and sufficiently in advance to permit the receiving Party to contest or limit such required disclosure, including without limitation redaction of trade secret information prior disclosure.
5.12 Public Records Request. MMI acknowledges that, if Client is a public entity, it is at all times subject to state public records acts, as now existing or as amended. If Client is a public entity and receives a public records request for all or any portion of this Agreement, including any documents or materials provided to Client under this Agreement, generally such information may be deemed a public record and disclosure may be necessary to the public records requester.
5.13 Storage and Encryption. During the Term of this Agreement, MMI will store and maintain Client Data and Applicant Data for use and access by Client and its Authorized Users under the terms of this Agreement.
MMI will ensure industry standard data encryption methods are in place for storage of Client Data and Applicant Data. All Client Data will be stored within the United States.
5.14 CJIS Compliance; Background Checks. MMI will comply with Criminal Justice Information Systems (“CJIS”) rules and regulations as they may apply to Applicants, Client Data and system security. MMI shall ensure all employees and contractors of MMI granted access to Client Data satisfactorily complete a background check and meet the requirements set forth by CJIS for access to Client Data. All MMI personnel with access to Client Data must execute nondisclosure agreements and sign a CJIS Security Addendum, in addition to maintaining a current CJIS Security Awareness Training certificate. MMI personnel with active clearances can be viewed on CJIS Online.
5.15 Backups. For Client Data on the production system, MMI shall record snapshot copies of Client Data hourly during the Term and shall record full backup copies of Client Data once per week. Backup copies are stored on both MMI’s production server, to enable a quick restore if necessary, and remotely within Amazon Web Services GovCloud. Backup records that are older than one calendar week are automatically purged from MMI’s production system. At least three months of backup copies are stored remotely within AWS GovCloud. MMI uses proprietary software to monitor the automated tasks of Microsoft SQL. For Client Data the Client has sent to the archive storage solution: This data will be retained within the archive storage system until such time as Client purges such data or the Agreement is Terminated per the terms of this Agreement. Data sent to archive storage by the Client is not backed up to help control costs and offer a less expensive long-term storage solution for the Client.
5.16 [Not Used]
5.17 Acts or Omissions of Client. MMI shall have no responsibility or liability with respect to, and Client shall solely be responsible and liable for, any Security Incident and any loss, expense, damage, cost, or liability associated therewith, to the extent caused by or resulting from any act or omission of Client or Client’s Authorized Users, employees, contractors (excluding MMI), or agents, including without limitation: (a) their loss of control of any device; (b) their failure to maintain the confidentiality of their log-in credentials; (c) their transmission of data via methods that are not secure; (d) any vulnerability in their environment, systems, hardware, software, or physical or administrative security safeguards or procedures; (e) their use of the eSOPH Platform in violation of this Agreement or any Documentation; (f) their failure to obtain adequate release(s), waiver(s), or legally or contractually required consent; (g) Client’s failure to maintain hardware and software that are compatible with any updated or security patches released and implemented by MMI; (h) Client’s declining to implement two-factor authentication as described in Sections 5.2 (Two-Factor Authentication).
6. REPRESENTATIONS AND WARRANTIES
6.1 Client represents and warrants that:
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 13 OF 23
6.1.1 Client has full right, power and authority to enter into and perform its obligations according to the terms of this Agreement;
6.1.2 To Client’s knowledge, the Client Data does not and will not infringe or misappropriate any copyright, patent, trade secret, trademark, or other proprietary right held by any third-party and is free of any lien, claim, security interest or encumbrance; and
6.1.3 Neither Client nor any of its employees has received, offered or provided, nor will it receive, offer or provide, directly or indirectly, any gift, gratuity, favor, entertainment, loan or other thing of monetary value to any employee or agent of MMI as an inducement to do business with MMI. Client further warrants its Authorized Users have not, and will not engage in any collusion with any other potential supplier to secure this Agreement.
6.1.4 Client and its Authorized Users will not use the eSOPH system to transmit any data via email messaging, SMS/text message or other feature of eSOPH that violates CJIS policy.
6.2 MMI represents and warrants that:
6.2.1 MMI has full right, power and authority to enter into and perform its obligations according to the terms of this Agreement;
6.2.2 To MMI’s knowledge, the Software complies with all applicable national, state, and local laws and regulations and, to MMI’s knowledge, does not contain any material that infringes, violates, or misappropriates the Intellectual Property Rights of any third party, and (ii) to the extent the Software contains any materials subject to third party rights, MMI has obtained any and all necessary clearances, releases, approvals, licenses, or consents from third parties and made any and all required payments to third parties (including without limitation to unions or guilds) so that Client and its Authorized Users can exercise the rights and licenses authorized under this Agreement;
6.2.3 For the Term of this Agreement, the eSOPH System will operate substantially in conformance with any written specifications contained in any current MMI Documentation and in this Agreement, including the Client Specific Terms of the Quote. MMI’s sole obligation to Client and Client’s sole remedy under this warranty is to correct the eSOPH System so it will perform within any represented specifications or refund the related license fee, whole or in part. This warranty is void if any unauthorized modifications are made to the eSOPH System or if the eSOPH System is not used in compliance with the terms of this Agreement; and
6.2.4 Except for the limited warranty provided in this Agreement, the eSOPH System and any other MMI products and services are provided “As Is” and MMI disclaims all warranties, express or implied, that may arise either by the Parties’ agreements or by operation of law, including without limitation any warranty of merchantability or fitness for a particular purpose. MMI does not warrant the operation of the eSOPH System shall be error or “bug” free or that the eSOPH System will meet the requirements or expectations of Client, its Authorized Users or Applicants.
7. ASSUMPTION OF RISK; LIMITATION OF LIABILITY
7.1 Assumption of Risk; Limitation of Liability. Each Party shall be solely liable for third party claims arising from any willful or negligent act or failures to act, or the errors or omissions, of the Party’s owners, officers, employees, agents or contractors. Excepting for the breach provisions of this Agreement, neither Party to this Agreement, nor any of such Parties’ respective Affiliates, trustees, directors, officers, employees, fellows or agents shall be responsible or liable to the other Party for any injury, loss, or damage of any kind, including but not limited to indirect, special, incidental consequential, punitive damages or lost profits, relating to design, development, specification, manufacture, production or use of the eSOPH Software and Services or any part thereof. The limitations on liability of the previous sentence shall apply even though a Party may have been advised of the possibility of such injury, loss or damage. This paragraph shall not apply to any obligations to maintain specific insurance requirements pursuant to any provision of this Agreement. Nothing in this Agreement Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 14 OF 23 shall be construed to limit any remedies available to the Parties in law or equity, including but not limited to injunctive relief and/or any indemnification obligations arising from this Agreement.
7.2 [Not Used]
8. NOTIFICATION OF THIRD-PARTY ACTION OR CLAIM. Client shall notify MMI of any third party lawsuit, action, and proceeding or claim brought or threatened by a third party against Client or its employee, subcontractor, or other representative or agent based in part on Client’s or an Applicant’s use of the eSOPH System, including without limitation (a) claims regarding privacy, security, collection, use, processing, or disclosure of Client Data collected through or stored by the eSOPH System, (b) and claims where it is reasonably likely that MMI will be named as a party or witness.
9. CORRECTIVE ACTIONS. If all or any part of the Software is held, or MMI determines that it could be held, to infringe, wrongfully use or misappropriate any third-party intellectual property right, MMI at no cost to Client: (a) will procure for Client the right to continue using the eSOPH System in accordance with its rights under this Agreement; (b) replace the item with a substantially equivalent item that does not infringe, wrongfully use or misappropriate any third-party intellectual property rights; or (c) modify the item (without material loss of functionality) so that it no longer infringes, wrongfully uses or misappropriates any third-party intellectual property right. If MMI is unable to successfully accomplish any of the actions described above after using its commercially reasonable best efforts to accomplish each of them in a timely manner, then MMI will refund to Client a pro-rated amount of the license fees paid by Client hereunder in connection with the unused portion of its licensed rights to the eSOPH System under this Agreement. The remedies set forth in this Section 9 are Client’s sole and exclusive remedy and MMI’s sole obligation with respect to breach of the warranty contained in Section
6.2.2. 10. INSURANCE
10.1 Throughout the Term MMI, at its sole expense, will carry and maintain at minimum: (a) Commercial General Liability Insurance in the amount not less than $1,000,000 combined single limit per occurrence, $2,000,000 aggregate; (b) Professional Liability Insurance in the amount not less than $1,000,000 per claim and in the aggregate; and (c) “Cyber” Insurance in the amount not less than $1,000,000 combined single limit occurrence, $2,000,000 aggregate. MMI will request a Certificate of Insurance from the insurance agent or carrier listing Client as an Additional Insured, and provide the certificate to the Client.
10.2 Client represents it is self-insured or has appropriate insurance to fulfill and maintain its obligations and duties under this Agreement.
11. NOTICES. All notices and requests in connection with this Agreement will be deemed given as of the day they are received either by messenger, delivery service, or in the United States of America mails, postage prepaid, certified or registered, return receipt requested, and addressed to MMI or Client at the following addresses:
For Miller Mendel, Inc., copy of Notice(s) to: For Client, copy of Notice(s) to:
Mr. Kurt Rylander
Rylander & Associates
406 W 12th St
Vancouver, WA 98660
12. GENERAL TERMS AND CONDITIONS
12.1 Assignment. Client may not assign any of its rights or obligations under this Agreement without the prior written consent of MMI, which may be withheld at MMI’s sole discretion. MMI may assign this Agreement and MMI’s rights and obligations under this Agreement as part of a merger or an acquisition of MMI’s eSOPH business, provided that such acquirer is willing and able to assume and perform MMI’s obligations under this Agreement, or as mutually agreed to between Client and the new owner. Subject to this Section 12.1, this Agreement Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 15 OF 23 will inure to the benefit of and be binding upon the heirs, successors, subcontractors, and assigns of the respective Parties.
12.2 Compliance With Laws. Each Party will, at its expense, obtain all permits and licenses, pay all fees, and comply with all federal, state and local laws, ordinances, rules, regulations, codes and orders applicable to its performance under this Agreement.
12.3 Construction. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, then that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement has been negotiated by the parties and their respective counsel and will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party.
12.4 Governing Law. The construction, interpretation and enforcement of this Agreement shall be governed by the state and local laws of the jurisdiction Client is located within and applicable federal laws of the United States, without consideration of conflicts of laws provisions, and for Clients which are federal entities by federal law as applied to contracts performed with the United States government. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.
12.5 Headings. The headings and sections in this Agreement and any exhibit, are for convenience and will not be construed to define or limit any of the terms or affect the meaning or interpretation of this Agreement and any exhibit.
12.6 Independent Contractor. MMI and Client are independent contractors under this Agreement, and nothing in this Agreement may be construed to create a partnership, joint venture, franchise or agency or fiduciary relationship between them. Neither Party has any authority to enter into agreements or make any representations of any kind on behalf of the other Party.
12.7 Nonexclusive Agreement. It is expressly understood and agreed that this Agreement does not grant to Client any exclusive privileges or rights, and MMI may contract with other clients and customers.
12.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. The parties agree that any facsimile copy, including those exchanged electronically as a .pdf, of a signed counterpart of this Agreement will be treated the same as a signed original of this Agreement.
12.9 Entire Agreement. This Agreement together with the non-expired Quote(s), attached hereto contains the entire agreement and understanding of the Parties with respect to the transactions and matters contemplated herein, supersedes all prior and contemporaneous agreements or negotiations between Client and MMI concerning the subject matter hereof, and cannot be amended except by a writing dated subsequent to this Agreement and signed by both Parties. To the extent the terms and conditions of this Agreement conflict with the terms and conditions of any Purchase Order terms issued in the future, the terms and conditions of this Agreement will control.
No course of dealing or usage of trade may be invoked to modify the terms and conditions of this Agreement.
12.10 Copies Shall Be Considered Originals. Any complete, legible signed copy of this Agreement shall be considered an original. Electronic signatures will be considered valid.
12.11 Signing Authority. Client represents and warrants the person executing this Agreement is a duly authorized officer or representative of the Client, and has full authority to execute this Agreement, including any amendment thereto, for and on behalf of Client. Client understands that it is fully responsible to ensure the authority of its signatory under to this Agreement and is responsible for any actual or consequential damages incurred by MMI in the event of a breach of this Section by Client.
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 16 OF 23
12.12 Cooperative Agreement. The provisions of this Agreement will be extended to other city, county or state governmental entities within the state the Client is located, at then-current pricing. Governmental entities wishing to use this Agreement (hereinafter referred to as the “Cooperative Entity”) will be responsible for obtaining a Quote specific to their entity, issuing their own purchase documents/price agreements, providing for their own acceptance, and making any subsequent payments in accordance with the Terms of this Agreement. To determine pricing for Cooperative Entities, MMI will use the then current pricing formula used for all Cooperative Entities within the state Client is located within. The Cooperative Entity wishing to use this Cooperative Agreement must execute with MMI a supplemental Agreement with at least one paragraph specifying they wish to use this Cooperative Agreement and agree to be bound by the terms of the Cooperative Agreement. The Agreement with the Cooperative Entity electing to use this Cooperative Agreement hereby incorporates the following material term:
MMI shall hold harmless and defend Client (as defined on the first paragraph of page 1 of this Agreement) from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Cooperative Agreement. Cooperative Entities are responsible for obtaining all certificates of insurance and bonds required. MMI is responsible for providing each Cooperative Entity a copy of this Agreement upon request by the Cooperative Entity. Client makes no guarantee of usage by other users of this Agreement. The extension of the terms of this Agreement to other entities pursuant to this clause shall be subject to MMI’s discretion as to whether MMI has capacity and ability to do so, including but not limited to personnel, management, equipment, technical and/or financial limitations.
12.13 [Not Used]
13. FAMA Service Option
Client Initials: _________: Section 13 terms are applicable.
13.1 FAMA Service. This Section 13 (FAMA Service Option) describes optional services available to Client for additional cost. Client may subscribe to, and MMI agrees to provide, a service through the eSOPH System to deliver access to FAMA internet and social media background screening and/or monitoring of Applicants to produce monitoring reports, screening reports, FAMA monitoring (collectively, “FAMA Reports”) and other services as may be available from FAMA through the eSOPH System (the “FAMA Services”).
13.2 Fees and Payment. Fees and payments for the FAMA Services are governed by the terms and conditions set by FAMA pursuant to the FAMA Agreement, the terms of which are hereby incorporated by reference into this Agreement upon Client’s execution of their signature below.
13.3 Protection of Applicant Data. Any information, materials, data or other content made available to MMI, including any FAMA Reports, transmitted by an Applicant or by a Client about an Applicant to the eSOPH System that is used for the FAMA Services is Applicant Data. Client agrees that Client shall be solely responsible for assuring the secure and confidential manner in which Client stores, delivers, and transmits FAMA Services to its Authorized Users
13.4 Client Use of FAMA Services. For each FAMA Report requested, Client shall (i) identify the enduser of the FAMA Report; (ii) certify the purpose for which the FAMA Report will be used; and (iii) certify that the FAMA Report will be used for no other purpose
13.5 Compliance with Laws. Client agrees that compliance with all federal, state, and local laws, rules, ordinances, and regulations (collectively, “Applicable Laws”) applicable to (i) Client’s access, collection, storage, transmission, receipt and use or obtaining of the FAMA Reports or Applicant Data, (ii) the particular industry in which Client does business, and/or (iii) Client’s business operations or structure, is the sole responsibility of Client.
Without limiting the foregoing, Client agrees to comply with all applicable requirements of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. (“FCRA”) and further agrees to the following:
13.5.1 Client certifies that it is a user of ‘consumer reports’ and will only use FAMA Reports for “employment purposes” and no other (as those terms are defined in 15 U.S.C. § 1681(a)).
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 17 OF 23
13.5.2 Client must comply with all applicable procedures and requirements of the FCRA and applicable state law, including, but not limited to: (i) providing a proper disclosure, (ii) obtaining a written authorization, (iii) providing a certification to MMI that it will comply with the FCRA and will not use the FAMA Reports in violation of any EEO law or regulation, and (iv) following the adverse action requirements set forth in the FCRA and applicable state laws. Client agrees to take all reasonable measures to enforce said requirements.
13.5.3 Client, and not MMI, is solely responsible for compliance under the FCRA.
13.5.4 To the extent permitted by law, Client agrees to defend, indemnify and hold MMI and FAMA harmless from any and all claims or damages related to the FAMA Reports or arising from adverse actions by Client against Applicant based on eSOPH’s FAMA Services.
13.6 Notice and Consent. In using the FAMA Services, Client shall comply with all applicable privacy and data security laws and the respective, then-current privacy policies of MMI and FAMA, as applicable. Without limiting the foregoing, Client certifies that:
13.6.1 Client will ensure that prior to procurement or to causing the procurement of an FAMA Report for employment purposes: (i) a clear and conspicuous disclosure has been made in writing to Applicant in a document that consists solely of the disclosure that an FAMA Report may be obtained for employment purposes; and (ii) Applicant has authorized in writing the procurement of the report by Client;
13.6.2 Client is solely responsible for retaining and will retain all executed Applicant authorization agreements. Client will provide MMI a fully legible copy of Applicant authorization agreements if so requested by MMI within five calendar days of MMI’s request; and
13.6.3 Client will provide any legally required notices or disclosures and will obtain legally adequate consent from all Applicants as required by Applicable Laws.
13.7 Employment Decisions Based on an FAMA Report. Client certifies that, if required under the FCRA, before taking any adverse action based in whole or in part on the FAMA Report generated by FAMA Services for employment purposes, Client will provide to the Applicant about whom the report relates (i) a copy of the report, (ii) a description in writing of the rights of Applicant as prescribed under the FCRA; and (iii) a statement that information from the FAMA Report and the FAMA Services will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. Client agrees it is solely responsible for any adverse actions taken against an Applicant and for Client’s compliance under the FCRA.
13.8 FAMA Services Permitted Use. Client represents and warrants to MMI that it shall only access and use the FAMA Services for Client’s own internal business and solely in the manner explicitly permitted in the Agreement. Client agrees that it shall not:
13.8.1 change, modify, copy, add code to, create derivative works based on any aspect of, or otherwise alter the FAMA Services in any manner;
13.8.2 reverse engineer; disassemble; decompile; in any way attempt to recreate, obtain, perceive or derive the source code of; or translate the FAMA Services;
13.8.3 use, transform, modify, assess or adapt the FAMA Services for use for any other purpose, including but not limited to assist in the development or functioning of any product or service that is competitive, in part or in whole, with any existing or reasonably anticipated product or service of FAMA;
13.8.4 distribute, publish, transmit or disseminate in any form or by any means (including but not limited to via the internet) any part of the FAMA Services or data;
13.8.5 allow any third party to access the FAMA Services;
13.8.6 sell, sublicense, resell, lease, rent, time-share or otherwise transfer any of the FAMA Services or data;
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 18 OF 23
13.8.7 use the FAMA Services or data to identify or solicit potential customers for its products or services;
13.8.8 use the FAMA Services to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children, or violate third-party privacy rights; and
13.8.9 gain or attempt to gain unauthorized access to; disrupt the integrity or performance of; or damage, disable, overburden or impair the operation of the FAMA Services or the data contained therein.
13.9 Notification of Security Breach. In addition to the other data breach and/or safeguards provisions of this Agreement, in the event Client determines that physical or electronic safeguards have been breached or that any other unauthorized access to Applicant Data has occurred (in each case, a “Breach”) that directly affect provision of the FAMA Services, Client shall notify MMI of the Breach within 24 hours of discovery. Such notice shall be in writing and shall include all information known by Client as of the date and time of notification.
13.10 FAMA Intellectual Property Rights. Client acknowledges that FAMA has expended substantial time, effort and funds to create and deliver the FAMA Services. All FAMA intellectual property not related to the eSOPH System is and will continue to be FAMA exclusive property. Nothing contained in this Section 13 (FAMA Services Option) shall be deemed to convey to Client or to any other party any ownership interest in or to intellectual property or data provided in connection with FAMA and eSOPH’s FAMA Services.
13.11 No Representations or Warranties. Without limiting the provisions of Section 6 of the Agreement, MMI makes no representations or warranties as to the value, accuracy, or suitability of the FAMA Services. Client agrees to be solely responsible for Client’s use of the FAMA Services.
13.12 Termination. In addition to and without limiting Section 4.3 of the Agreement, MMI may terminate the optional FAMA Services provided pursuant to this Section 13 at any time with or without cause or notice at MMI’s sole discretion without penalty. Termination of the FAMA Services shall not constitute termination of the eSOPH MSSSA.
14. Experian Services Option
Client Initials: _________: Section 14 terms are not applicable.
14.1 Experian Services. This Section 14 (Experian Services Option) describes optional services available to Client for additional cost. Client may subscribe to a service through the eSOPH System to deliver access to the Experian Information Solutions, Inc. (“Experian”) functionality to obtain consumer credit reports and investigative consumer reports (collectively, “Credit Reports”) about Applicants and other services as may be available from Experian through the eSOPH System (the “Experian Services”).
14.2 Applicant Data. Data transmitted by an Applicant or by a Client about an Applicant to the eSOPH System that is used for the Experian Services is Applicant Data. For Applicant Data used for the Experian Services, the Parties agree to each, at minimum, meet the requirements set forth in 16 C.F.R. § 314.4, and take all necessary steps reasonably designed to (i) ensure the security and confidentiality of Experian Services and Applicant Data, (ii) protect against any anticipated threats or hazards to the security or integrity of the Experian Services and Applicant Data, and (iii) protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any Applicant.
14.3 Fair Credit Reporting Act. Client agrees that Client, not MMI, is solely responsible for compliance under the Fair Credit Reporting Act of 1996, as amended (15 US Code 1681) (“FCRA”). Client further acknowledges and agrees as follows:
14.3.1 Client agrees and understands that it must comply with the “FCRA Requirements” notice and Experian’s “Access Security Requirements.” Client agrees to take all reasonable measures to enforce said requirements.
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 19 OF 23
14.3.2 Client acknowledges receipt of a copy of the Summary of Consumer Rights prescribed by the Bureau of Consumer Financial Protection (“Bureau”) under Section 609(c)(1) of the FCRA and agrees to attach a copy of such Summary of Consumer Rights to each Credit Report used for employment purposes as required by Section 604(b)(3)(A)(ii) of the FCRA.
14.3.3 Client certifies it will request and use the Experian Services strictly in accordance with FCRA. Without limiting the foregoing, Client certifies that it will request and use the Experian Services solely in connection with (i) a single credit transaction with a consumer, or, if applicable, for another “permissible purpose” as defined by the FCRA; and (ii) transactions involving the consumer about whom such information is sought and will not request or use such Experian Services for purposes prohibited by law. Client further certifies that it will comply with all requirements of the FCRA applicable to it. If Applicant makes a timely request to Client, Client may share the contents of Applicant’s report with Applicant as long as Client does so without charge and only after authenticating Applicant’s identity.
14.3.4 Client agrees it is solely responsible for and subject to compliance under all federal, state and local laws, rules and regulations applicable to Client’s access, collection, storage, transmission, receipt, and use of the Experian Services and data. Further, Client shall comply with the FCRA.
14.4 Notice and Consent. In using the Experian Services, Client shall comply with all applicable laws, including but not limited to FCRA and applicable privacy and data security laws. Without limiting the foregoing, Client certifies that:
14.4.1 Client will ensure that prior to procurement or to causing the procurement of a Credit Report for employment purposes: (i) a clear and conspicuous disclosure has been made in writing to Applicant in a document that consists solely of the disclosure that a Credit Report may be obtained for employment purposes; and (ii) Applicant has authorized in writing the procurement of the report by Client;
14.4.2 Client is solely responsible for retaining and will retain all executed Applicant authorization agreements. Client will provide MMI a fully legible copy of Applicant authorization agreements if so requested by MMI within five calendar days of MMI’s request; and
14.4.3 Client will provide any legally required notices or disclosures and will obtain legally adequate consent from all Applicants as required by applicable laws.
14.5 Death Master File. Client acknowledges that Experian Services may contain information from the Death Master File as issued by the Social Security Administration. Pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102, Client certifies that, consistent with its applicable FCRA or Gramm-LeachBliley Act use of Experian Services, Client’s use of deceased flags or other indicia within the Experian Services is restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules, regulations or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1). Client further certifies that it will not take adverse action against any Applicant without further investigation to verify the information from the deceased flag or other indicia within the Experian Services.
14.6 Employment Decisions Based on Credit Report. Client certifies that, before taking any adverse action based in whole or in part on the Credit Report generated by Experian Services for employment purposes, Client will provide to the Applicant about whom the report relates (i) a copy of the report, (ii) a description in writing of the rights of Applicant as prescribed by the Bureau under the FCRA; and (iii) a statement that information from the Credit Report and the Experian Services will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. Client agrees it is solely responsible for any adverse actions taken against an Applicant and for Client’s compliance under the Bureau and FCRA. In addition to any other indemnification provisions of this Agreement, Client agrees to defend and hold MMI harmless from all claims or damages arising from adverse actions by Client against Applicant arising from use of eSOPH’s Experian Services.
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 20 OF 23
14.7 Experian Services Permitted Use. Client represents and warrants to MMI that it shall only access and use the Experian Services for Client’s own internal business and solely in the manner explicitly permitted in the Agreement. Client agrees that it shall not:
14.7.1 change, modify, copy, add code to, create derivative works based on any aspect of, or otherwise alter the Experian Services in any manner;
14.7.2 reverse engineer; disassemble; decompile; in any way attempt to recreate, obtain, perceive or derive the source code of; or translate the Experian Services;
14.7.3 use, transform, modify, assess or adapt the Experian Services for use for any other purpose, including but not limited to assist in the development or functioning of any product or service that is competitive, in part or in whole, with any existing or reasonably anticipated product or service of Experian;
14.7.4 distribute, publish, transmit or disseminate in any form or by any means (including but not limited to via the internet) any part of the Experian Services or data;
14.7.5 allow any third party to access the Experian Services;
14.7.6 sell, sublicense, resell, lease, rent, time-share or otherwise transfer any of the Experian Services or data;
14.7.7 use the Experian Services or data to identify or solicit potential customers for its products or services;
14.7.8 use the Experian Services to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children, or violate third-party privacy rights; and
14.7.9 gain or attempt to gain unauthorized access to; disrupt the integrity or performance of; or damage, disable, overburden or impair the operation of the Experian Services or the data contained therein.
14.8 Experian Services Use Restrictions. Client agrees that it will not, either directly or indirectly, itself or through any agent or third-party request, compile, store, maintain, resell or use the Experian Services (including any of the information contained in the Credit Report) to build its own credit reporting database. Client shall be solely responsible for assuring the secure and confidential manner in which it stores, delivers, and transmits Experian Services to its Authorized Users.
14.9 Notification of Security Breach. In addition to any other data breach and/or safeguards provisions of this Agreement, in the event Client determines that physical or electronic safeguards have been breached or that any other unauthorized access to Applicant Data has occurred (in each case, a “Breach”) that directly affect provision of the Experian Services, Client shall notify MMI of the Breach within 24 hours of discovery. Such notice shall be in writing and shall include all information known by Client as of the date and time of notification.
14.10 Experian Intellectual Property Rights. Client acknowledges that Experian has expended substantial time, effort and funds to create and deliver the Credit Reports and compile its various databases. All data in Experian’s databases and any other intellectual property not related to the eSOPH System that are part of Experian are and will continue to be Experian’s exclusive property. Nothing contained in this Section 14 (Experian Services Option) shall be deemed to convey to Client or to any other party any ownership interest in or to intellectual property or data provided in connection with Experian and eSOPH’s Experian Services.
14.11 No Representations or Warranties. Without limiting the provisions of Section 6 of the Agreement, MMI makes no representations or warranties as to the value, accuracy, or suitability of the Experian Services. Client agrees to be solely responsible for Client’s use of the Experian Services.
14.12 Termination. In addition to and without limiting Section 4.3 of this Agreement, MMI may terminate the Experian Services at any time with or without cause or notice at MMI’s sole discretion without penalty.
Termination of the Experian Services shall not constitute termination of the eSOPH MSSSA.
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 21 OF 23
15. SMS Service Option
Client Initials: ________: Client requests the SMS service to be disabled. Fees apply for this service. See quote.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their respective duly authorized representatives.
For Miller Mendel, Inc. (“MMI”)
03/20/2025
Tyler Miller, President & CEO Date
For Client: City of Bakersfield
Signature (Required) Date
Print name and title (Required)
Signature (Optional) Date
Print name and title (Optional)
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 22 OF 23
ADDENDUM TO
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) BETWEEN MILLER MENDEL, INC. (“MMI”) AND VILLAGE OF WILMETTE (“CLIENT”).
Contractor Statement regarding People’s Republic of China:
MMI hereby certifies that it does not currently, and agrees for the duration of this Agreement, that MMI will not, use: 1. The forced labor of ethnic Uyghurs in the People’s Republic of China; 2. Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or 3. Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. MMI hereby agrees to indemnify and hold harmless the Client, its officials, employees, and agents from any claims or causes of action relating to the Client’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Client in defending such as action. During the term of agreement, MMI shall alert Client within five (5) days after becoming aware of its noncompliance with this statute and cure any noncompliance within one-hundred-eighty (180) days after initial notification of noncompliance.
Contractor Statement regarding Russia:
MMI hereby certifies that it does not currently, and agrees for the duration of this Agreement that MMI will not, conduct business operations in Russia or Belarus, nor conduct business with any entity or individuals, wherever located, conducting any commercial activity in Russia or Belarus or transacting business with the Russian Government or Belarusian Government or with commercial entities headquartered in Russia or Belarus or with their principal place of business in Russia or Belarus in the form of contracting, sales, purchasing, investment, or any business partnership, or which are otherwise sanctioned by the United States government for activities supporting Russia’s invasion of Ukraine. No Client Data will be stored on servers or other electronic devices or means, and no Services will be provided from or through, Russia or Belarus.
Contractor Statement regarding Israel:
Contractor certifies it is not currently engaged in and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their respective duly authorized representatives.
For Miller Mendel, Inc. (“MMI”)
03/20/25
Tyler Miller, President & CEO Date
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C MILLER MENDEL, INC.
MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT (“MSSSA”) – VERSION: 2025-1 PAGE 23 OF 23 For Client: City of Bakersfield
Signature (Required) Date
Print name and title (Required)
Signature (Optional) Date
Print name and title (Optional)
Docusign Envelope ID: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C Certificate Of Completion
Envelope Id: 203479C4-75E6-4ADB-A2B5-4CFBCE880F0C Status: Completed Subject: Complete with Docusign: Miller Mendel. final agrmt.pdf Source Envelope:
Document Pages: 32 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
6/13/2025 9:02:22 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
Tyler Miller
[email protected]
President & CEO
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 73.164.255.219
Sent: 6/13/2025 9:06:01 AM
Viewed: 6/13/2025 9:33:46 AM
Signed: 6/13/2025 9:37:33 AM
Electronic Record and Signature Disclosure:
Accepted: 6/13/2025 9:33:46 AM
ID: a08523d3-528e-40eb-9a06-d425c729d95b
Gregory Pronovost
[email protected]
Technology Services Director
City of Bakersfield, Technology Services Department
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.46.226.5
Sent: 6/13/2025 9:37:35 AM
Viewed: 6/13/2025 9:42:44 AM
Signed: 6/13/2025 9:42:51 AM
Electronic Record and Signature Disclosure:
Accepted: 6/13/2025 9:42:44 AM
ID: 170ca227-838d-415a-bc31-0adcaec62012
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Envelope Sent Hashed/Encrypted 6/13/2025 9:06:01 AM
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Certified Delivered Security Checked 6/13/2025 9:42:44 AM Signing Complete Security Checked 6/13/2025 9:42:51 AM
Completed Security Checked 6/13/2025 9:42:51 AM
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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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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 2, 2025
SUBJECT: Design Consultant Agreement with AECOM ($172,250) for sewer lift Rehabilitation – Gosford Road and McCutchen Road(Ward 7).
RECOMMENDATION:
Staff recommends the approval of the agreement.
BACKGROUND:
As part of the City’s continuing investment in maintaining and improving sanitary sewer infrastructure, Design Engineering staff have been coordinating with Streets Division maintenance staff in identifying lift stations most in need of repairs. This project was identified as one with highest priority.
This lift station is located on the southeast corner of Gosford Road and McCutchen Road. It is the last lift station upstream of Wastewater Treatment Plant #3 and one of the largest in the City. The lift station is in need of new pumps, new check valves, safety upgrades at all hatches on site, electrical improvements, flow meter repair, overhead gantry crane repair, and other appurtenances necessary to bring the lift station up to current standards. At the same time, the rapid and significant growth in areas tributary to this station make it difficult to project the future demand this station and its pumps will face. For this reason, it is staff’s recommendation to initially proceed with the preliminary engineering phase to properly scope the work necessary for a comprehensive and successful project.
The City issued a Request for Proposal to firms already prequalified and part of the Public Works Department’s Library of Consultants. The firms targeted were those qualified under Water Resources Engineering and Civil Engineering with relevant lift station experience. Public Works staff determined AECOM was the most qualified firm for this project. Based on the firm’s qualifications and fee proposal being favorable to the City, staff recommends award of the design consultant agreement to AECOM.
Given the size and scope involved with this lift station, this is a multi-year project. The preliminary engineering phase of the project is covered with funds budgeted in FY 2023-2024, and funds to complete the design will be budgeted in a future fiscal year with a construction fund request to follow. Sufficient funds are budgeted to award this Design Consultant Agreement covering preliminary engineering.
FISCAL IMPACT:
The design for this project is fully funded through Sewer Enterprise Fund (SEF); therefore, there is no City General Fund impact associated with the award of this project. There are sufficient funds available for the award of this design consultant agreement to cover the preliminary engineering. There are no construction funds budgeted at this time. The remaining design funds and construction funds will be requested as part of a future budget cycle.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. AECOM Agreement
2. Exhibit A - McCutchen_Gosford SSLS RFP
3. Exhibit B - AECOM Proposal for McCutchen Sewer LS
EXHIBIT "A"
AECOM (661) 283-2331 tel
5001 E. Commercenter Dr., Suite 100
Bakersfield, CA 93309
May 13, 2025
Fernando Montes, PE
City of Bakersfield
1501 Truxtun Ave
Bakersfield, CA 93301
Subject: Scope of Work, Fee Proposal, and Schedule for Sewer Lift Station Rehabilitation at McCutchen Road and Gosford Road
Dear Fernando,
AECOM Technical Services, Inc. (AECOM) is pleased to submit this scope of work, fee proposal, and schedule to the City of Bakersfield (City) to rehabilitate the existing sewer lift station located near the intersection of McCutchen Road and Gosford Road.
GENERAL DESCRIPTION OF WORK
The existing sewer lift station consists of a wet well and dry pit with five (5) floor-mounted submersible sewage pumps. Each pump is 75 hp with an assumed capacity of 5 MGD and is equipped with a VFD. There is a static bar screen at the entrance to the wet well with 3-inch bar spacing. An unlined earth basin adjacent to the lift station functions as emergency overflow storage.
There is also a standalone electrical building.
The lift station currently operates well below its design flow and the VFDs operate the pumps slowly. Because of this the pumps clog with solids, requiring approximately 2,000 hours per year of City staff time to clear and clean. Ragging and frequent cleanings have resulted in wear on valves and pumping equipment. In addition, the static bar screen also clogs with rags and requires regular cleaning by City staff. The existing odor control and ventilation system are not functional. The overhead gantry crane is not operating correctly. And flooding within the dry pit several years ago damaged the electrical system and lighting is not operational.
The City desires to rehabilitate or replace the existing sewer lift station to address these existing issues and increase capacity to accommodate future demand. A Preliminary Design Report (PDR) is proposed as a first step that can be used as the basis for the engineering design scope of work.
The PDR will include the following topics:
1. Sewer Flows
a. Evaluate existing sewer flows from the 2022 US3 flow monitoring and data from the existing flowmeter.
b. Summarize future sewer flow scenarios from the parallel sewer trunk main design being prepared for the City by Meyer Civil Engineering, Inc. c. Prepare conceptual pump sizing and selection for both the interim condition using existing flow, and the future condition. Phasing will be discussed based on flowrates so the City could program improvements in the future.
2. Structure
a. Hydraulic capacity of the existing wet well will be estimated using Hydraulic Institute standards. Recommendations will be made if a new or larger wet well would be needed to accommodate the future flow condition.
b. Will evaluate the space limitations for future pumping equipment and piping.
EXHIBIT "B"
AECOM 2
c. Discuss installing OSHA safety grates at roof hatches. d. If a new building is needed to accommodate the future flow condition, the conceptual size and layout will be evaluated. This will include a discussion of where to build a new lift station on the existing parcel and how to accommodate existing operation.
3. Bar Screen
a. Will evaluate impacts of removing the existing static bar screen. b. Will coordinate with Duperon, bar screen manufacturer, on requirements to install and operate a mechanical bar screen upstream of the sewer lift station. c. Will coordinate with Sulzer, pump manufacturer, on best practices to reduce ragging and improve operation.
4. Mechanical Equipment
a. Replacement of pumps for both the interim and future conditions. In the interim smaller pumps could be recommended to operate at higher speeds. b. Replacement of plug and check valves.
c. Size piping for future condition.
d. Evaluate existing overhead gantry crane and make recommendations for repair or replacement.
e. Replacement of existing slide gate.
5. Ventilation and Odor Control
a. Replacement of existing blowers and ductwork.
b. Replacement of existing odor control system and blowers.
6. Electrical and Instrumentation
a. Conceptual load schedule for pumps and equipment.
b. Replacement of all lighting within dry pit.
c. Replacement of all electrical conduits, wiring, and sensors. d. Replacement of existing motor control center.
e. Replacement of existing standby generator and automatic transfer switch. f. Replacement of instrumentation equipment.
TASK 1 – PRELIMINARY ENGINEERING PHASE
1. Project kickoff meeting and site visit - During the Kickoff Meeting, AECOM will confirm all aspects of the work to be done and will document in the meeting minutes. This meeting minutes will be the basis for the work. A site visit will be held the same day and include AECOM’s electrical, instrumentation, and civil task leads.
AECOM 3
2. AECOM will hold regular conference calls with the City to discuss progress and address questions. Our budget includes six (6) conference calls with a duration of not more than 1 hour each.
3. Draft PDR – AECOM will prepare a PDR that discusses the items of work described previously.
The PDR will include an AACE Class 5 Opinion of Probable Construction Cost for both the interim and future conditions. The following conceptual drawings (10% design) are anticipated:
Interim condition site plan and yard piping
Interim condition roof plan
Interim condition plan for wet well and dry pit
Interim condition sections (5 sheets total)
Future condition site plan and yard piping
Future condition roof plan
Future condition plan for wet well and dry pit
Future condition sections (5 sheets total)
4. Workshop – AECOM will present the results of the draft PDR to City staff. AECOM will prepare meeting minutes that will assist the City in their review. Our budget includes one (1) workshop with a duration of not more than 2 hours. It is assumed only one set of comments will be provided by the City upon their review of the draft PDR and attendance at the workshop.
5. Final PDR – AECOM will revise the draft PDR based on comments provided by the City. No additional comments are anticipated to be provided upon release of the Final PDR document that will include comments addressed during the City’s one (1) review of the draft PDR.
Deliverables:
- Draft Preliminary Design Report
- Final Preliminary Design Report
OPTIONAL – TOPOGRAPHIC SURVEY
The following items are included in the topographic survey as an optional task if authorized by the City.
1. Conduct a laser scan of the interior of the pump station dry pit and electrical building. Laser scanning inside the wet well will be conducted from the roof hatch and is limited to line of sight from the hatch and above the water surface.
2. UAS (unmanned aircraft system) photogrammetric survey of the pump station site, storage pond, and surrounding area as shown in the sketch below.
3. Cross-sections of McCutchen Road at 50-foot intervals using total station within the UAS survey limits.
4. Invert elevations will be obtained at sewer manholes in McCutchen Road.
5. Rights-of-way of McCutchen Road and Gosford Road will be mapped from record information.
AECOM 4
6. The surveyor will coordinate with Meyer Civil Engineering, Inc. so that this project is on the datum as the parallel sewer project they are designing for the City.
Deliverables:
- PDF of Topographic Survey
- AutoCAD drawing file with surface TIN
ASSUMPTIONS
Preparation of environmental documentation and/or permitting of any kind is not included. Potholing and utility locating is not included.
Geotechnical investigation is not included.
Structural condition assessment is not included.
If the optional topographic survey is not authorized by the City, the conceptual drawings will be based on the record drawings provided by the City. Dimensions will not be independently verified.
SCHEDULE
Task Completion Duration
Draft Preliminary Design Report 5 months after Notice to Proceed Final Preliminary Design Report 2 month after receipt of City comments Optional – Topographic Survey 2 months after Notice to Proceed FEE
Preliminary Engineering Phase (Fixed Fee) $156,080
Optional – Topographic Survey (Fixed Fee) $ 16,170
We appreciate the opportunity to assist the City with this important project.
Yours sincerely,
Daniel Cronquist, PE, PLS Eric Garibay, PE
Project Manager Principal Engineer
Project Budget
Sewer Lift Station Rehabilitation at McCutchen Road and Gosford Road City of Bakersfield Budget
Task Description
Specialty Professional/Discipline
Principal Engineer
Project Engineer III
Project Engineer II
Project Engineer I
CAD Designer
Technician
Total Hours
Labor
Subconsultant
Other Direct Costs
Total
Task 1 - Preliminary Engineering Phase
Kickoff Meeting and Site Visit 8 4 10 4 5,860 26 $ - $ 1,000 $ 6,860 $ Meetings (Assume 6) 66 8 3,840 20 $ - $ - $ 3,840 $
Draft Preliminary Design Report - - $ - $ - $ - $
- Sewer Flow Evaluation 12 16 20 9,000 48 $ - $ - $ 9,000 $ - Structure Space and Capacity Evaluation 4 8 20 5,160 32 $ - $ - $ 5,160 $ - Bar Screen Evaluation 8 16 3,600 24 $ - $ - $ 3,600 $ - Mechanical Equipment Evaluation 4 8 12 4,680 24 $ - $ - $ 4,680 $ - Ventilation and Odor Control Evaluation 4 8 2,760 12 $ - $ - $ 2,760 $ - Electrical and Instrumentation Evaluation 4 8 16 5,340 28 $ - $ - $ 5,340 $ - Prepare report text and editing 20 40 16 40 140 24 23,440 $ - $ - $ 23,440 $ - Opinion of Probable Construction Cost 40 40 19,200 80 $ - $ - $ 19,200 $ - Conceptual Drawings (Assume 16 sheets) 16 32 64 128 34,720 240 $ - $ - $ 34,720 $ Workshop 22 4 1,440 8 $ - $ 300 $ 1,740 $ Final Preliminary Design Report 25 42 11 40 32 6 26,700 156 $ - $ - $ 26,700 $ Quality Management and Project Management 12 24 44 8 9,040 $ - $ - $ 9,040 $ Total 149 12 252 55 216 160 38 882 154,780 $ - $ 1,300 $ 156,080 $ Personnel Hours
5/13/2025 Page 1 of 1
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 27, 2025
SUBJECT: Agreement with K & I Services, Inc (not to exceed $650,000) for organic and recyclable material hauling.
RECOMMENDATION:
Staff recommends approval of this Agreement.
BACKGROUND:
The Mount Vernon Organics Recycling and Composting Facility and the City’s Materials Recovery Facility uses trucking contractors to deliver surplus materials throughout the Bakersfield region and surrounding areas alternative outlets became available.
On May 8, 2025, the City issued a Request for Qualifications and Proposals (RFQ&P) to establish a new agreement for organic and recyclable materials hauling services. Responses to the RFQ&P were received from two different firms.
K & I Services, Inc submitted a response to the RFQ&P, representing they are experienced, well qualified, and a specialist in the field of hauling organic and recyclable material.
Staff recommends approving the agreement with K & I Services, Inc to haul organic and recyclable materials within the Mount Vernon Organics Recycling and Composting Facility and the City’s Materials Recovery Facility and ensure the efficient transport of materials from the facilities to designated landfills and other locations.
FISCAL IMPACT:
The cost of services will be covered by the refuse enterprise; therefore, no impact on the General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
Agreement
-- Page 1 of 10 Pages --
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and K & I SERVICES, INC., a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on May 8, 2025, CITY posted a Request for Qualifications and Proposals (RFQ&P) for Organic and Recyclable Materials Hauling; and WHEREAS, CONTRACTOR submitted a response to the RFQ&P representing CONTRACTOR is experienced, well qualified, and a specialist in the field of hauling organic & recyclable materials.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: CONTRACTOR shall provide trucking and transportation services within the Mount Vernon Organics Recycling and Composting Facility and the City’s Materials Recovery Facility and ensure the efficient transport of materials from the facilities to designated landfills and other locations as set forth in Exhibit A attached hereto and incorporated by reference herein. (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):
Compensation for all work, services or products called for under this Agreement shall consist of a total payment not to exceed SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000),
which shall be paid as set forth herein in Exhibit A.
Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED -- Page 2 of 10 Pages --
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000) for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate one-year after date of execution and shall be renewable thereafter for four (4) one-year periods
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED -- Page 3 of 10 Pages --
above.
10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY’s written approval.
11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.
13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED -- Page 4 of 10 Pages --
Relations.
15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
16. INSURANCE.
16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
16.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
16.1.2 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
16.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
16.1.2.2 Provide products and completed operations
coverage;
16.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
16.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED -- Page 5 of 10 Pages --
be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
16.2 General Provisions Applying to All Insurance Types.
16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.
16.2.3 The insurance required above, except for workers’ Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED -- Page 6 of 10 Pages --
compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiums which may be required by extensions of the
policies of insurance.
16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED -- Page 7 of 10 Pages --
whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED -- Page 8 of 10 Pages --
interpretation of this Agreement.
25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED -- Page 9 of 10 Pages --
CONTRACTOR: K & I SERVICES, INC
5709 Chester W Nimtiz Street
Bakersfield, California 93304
32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
34. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number 47-5623525
CONTRACTOR is a corporation? Yes X No
(Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD K & I SERVICES, INC.
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: B5595385-43CD-4801-9209-C51AA27C54ED
OMAR OLAGUEZ
CSO
-- Page 10 of 10 Pages --
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\K&IServicesInc_HaulingServices.docx Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED
EXHIBIT A
Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Docusign Envelope ID: B5595385-43CD-4801-9209-C51AA27C54ED Certificate Of Completion
Envelope Id: B5595385-43CD-4801-9209-C51AA27C54ED Status: Completed Subject: Complete with Docusign: K&I Services, Inc_Hauling Services.pdf Source Envelope:
Document Pages: 33 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 2:08:03 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
OMAR OLAGUEZ
[email protected]
CSO
K & I Services INC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 108.204.69.68
Sent: 6/3/2025 2:12:01 PM
Viewed: 6/3/2025 2:24:25 PM
Signed: 6/3/2025 2:24:46 PM
Electronic Record and Signature Disclosure:
Accepted: 6/3/2025 2:24:25 PM
ID: feb55ad8-e1ce-4cad-8ff3-73f2c0ad566c
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 2:12:01 PM
Certified Delivered Security Checked 6/3/2025 2:24:25 PM Signing Complete Security Checked 6/3/2025 2:24:46 PM
Completed Security Checked 6/3/2025 2:24:46 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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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: OMAR OLAGUEZ
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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ADMINISTRATIVE REPORT
MEETING DATE: June 25, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: June 13, 2025
SUBJECT: Agreement with Meyer Civil Engineering Inc. (not to exceed $158,400.00) for Well CBK-85 Construction Project professional engineering services (Ward 5) RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
On August 21, 2015, City contracted Porter & Associates, Inc. to conduct a water study for the Stockdale River Ranch development. The study concluded that three municipal wells, in addition to a 300,000-gallon storage tank, are needed to ensure adequate flow and pressure for the Stockdale River Ranch development. The Water Department’s Well CBK-85 Construction Project is one of the three proposed wells to address these demands.
On May 27, 2025, staff referenced Resolution 157-2022 for the list of On-Call Library of Professional Firms and sent a Request for Fee Proposal for design services to Meyer Civil Engineering Inc. (Meyer). On June 10, 2025, Meyer provided a proposal for their services.
City staff recommends approval of agreement with Meyer based upon their qualifications and fee proposal being favorable to the City.
Meyer’s services were requested for their extensive experience with groundwater wells and their related infrastructure and their familiarity and knowledge of the regulatory agencies City reports to.
FISCAL IMPACT:
Sufficient funds are budgeted in the Water Department’s Capital Improvement Budget within the Domestic Water Fund, therefore, no General Fund dollars will be expended for this project.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Agreement with Meyer Civil Engineering Inc.
2. Meyer’s Certificate of Insurance
MFYFCIVn1r MCHOVF7
ACORO CERTIFICATE OF LIABILITY INSURANCE
DATEE ( MM/ D DIYYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to .the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER License # OD44424
INSURICA
8500 Stockdale Highway, Suite 200
Bakersfield, CA 93311
CONTACT
AIC, HONo, Ext): ( 661) 834-6222 ( A/ C, No):( 661) 281- 4992 EDDRE S:
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Continental Casualty Company 20443
INSURED
Meyer Civil Engineering, Inc.
11200 River Run Blvd Ste 102
Bakersfield, CA 93311
INSURER B : National Fire Insurance Co. of Hartford 20478 INSURER C: Preferred Employers Insurance Coinpany 10900 INSURER D: Certain Underwriters at Lloyd' s, London NA
INSURER E
INSURER F :
CAVFRAr: FC CFRTIFICOTF NIIMRFR- REVISION NUMBER -
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR -CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH. RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTRR TYPE OF INSURANCE AINSDS SUBR WVD POLICY NUMBER
POLICY EFF MM/ DDIYYYY MM/ POLICY DDIYYYY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE X OCCUR X 6011257559 2/ 26/ 2025 2/ 26/ 2026
EACH OCCURRENCE
2, 000, 000
DAMAGE TO RENTED
PREMISES Ea occurrence
1, 000,000
MED EXP (Any oneperson)
10, 000
PERSONAL BADVINJURY
2, 000, 000
GENT AGGREGATE LIMIT APPLIES PER:
X POLICY D JECOT E LOC
OTHER:
GENERAL AGGREGATE 4, 000, 000
PRODUCTS - COMPIOPAGG 4, 000, 000
B AUTOMOBILE LIABILITY
X ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
BUA6011227624 2/ 26/ 2025 2/26/2026
EaaBINEDtSINGLE LIMIT 1, 000, 000
BODILY INJURY Perperson)
BODILY INJURY Per accident
pe0ra. denDAMAGE
UMBRELLA LIAB
EXCESS LIAR
OCCUR
I I
EACH OCCURRENCE HCLAIMS-MADE AGGREGATE
DED I I RETENTION $
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory in, NH)
If yes, descr be under
DESCRIPTION OF OPERATIONS below
NIA
X PEG504602821 6/ 16/ 2024 6/ 16/ 2025
X STAH STATUTE ER E.
L. EACH ACCIDENT 1,
000, 000 E.
L. DISEASE - EA EMPLOYEE 1,
000, 000 E.
L. DISEASE - POLICY LIMIT- 1,
000, 000 D
ProfessionaLiability ANE124605124 12/ 31/ 2024 12/ 31/ 2025 Occurrence/ Aggregate 2, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Bakersfield,t's Mayor, Council, officers, agents, employees and volunteers are an Additional Insured with respect to the General Liability policy and a Waiver of Subrogation applies with respect to the workers compensation policy if required or agreed to in a written contract subject to all provisions and limitations of the policy. 30 days written notice to the certificate holder named to the left. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bakersfield THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. 1600
Truxtun Avenue Bakersfield,
CA 93301 AUTHORIZED
REPRESENTATIVE ' tr
ACORD
25 (2016103) © 1988- 2015 ACORD CORPORATION. Allri The
ACORD name and logo are registered marks of ACORD
CHA
SB146932G
Ed. 10- 19)
BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS'
TABLE OF CONTENTS
I. Blanket Additional Insured Provisions
A. Additional Insured — Blanket Vendors
B. Miscellaneous Additional Insureds
C. Additional Provisions Pertinent to Additional Insured Coverage
1. a. Primary — Noncontributory provision'
1: b. Definition of "written contract"
2. Additional Insured — Extended Coverage
II. Liability Extension Coverages
A. Bodily Injury — Expanded Definition
B. Broad Knowledge of Occurrence
C. Estates, Legal Representatives and Spouses
D. Fellow Employee First Aid
E. Legal Liability - Damage to Premises
F. Personal and Advertising Injury — Discrimination or Humiliation G. Personal and Advertising Injury — Broadened Eviction H. Waiver of Subrogation — Blanket
I. BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED — BLANKET VENDORS
Who Is An Insured is amended to include as an additional insured any person or organization ( referred to below as vendor) with whom you agreed under a " written contract" to provide insurance, but only with respect to bodily injury" or " property damage" arising out of " your products" 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; 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 SB146932G ( 10- 19)
Copyright, CNA All Rights Reserved.