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□ Microsoft . Volume Licensing
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Enterprise Agreement State and Local
Not for Use with Microsoft Business Agreement or Mk'ibsolt Hnsitmss and Shivices AyiHHtuenl This Microsoft Enterprise Agreement (‘Agreement') Is entered Into between the entities identified on the signature form'.
Effective date. The effective date of this Agreement is the earliest effective date of any Enrollment entered into under this Agreement or the date Microsoft accepts this Agreement, whichever is earlier.
This Agreement consists of (1) these Agreement terms and conditions, including any amendments and the signature form and all attachments identified'therein, (2) the Product Terms applicable to Products licensed under this Agreement, (3) the Online Services Terms, (4) any Affiliate Enrollment entered into under this Agreement, and (5) any order submitted under this Agreement.
Please note: Documents referenced In this Agreement but not attached to the signature form may be found at luip.//rvww.inicrosoft.com/liceiisinq/contracts and are incorporated in this Agreement by reference.
Including the Product Terms and Use Rights. These documents may contain additional terms and conditions for Products licensed under this Agreement and may be changed from time to time. Customer should review such documents carefully, both at the time of signing and periodically thereafter, and fully understand all terms and conditions applicable to Products licensed.
Terms and Conditions
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1. Definitions. f
"Affiliate" means t
a. with regard to Customer,
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(I) any government agency, department, office, instrumentality, division, unit or other entity of the state or local government that is supervised by or is part of Customer, or which supervises Customeror olwhich Customer is a part, or which is under common supervision with Customer;
(ii) any county, borough, commonwealth, city, municipality, town, township, special purpose . district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state jurisdiction and geographic boundaries: and
(iii) any other entity In Customer's state expressly authorized by the laws of Customer's stale to purchase under state contracts; provided that a state and its Affiliates shall not, for purposes of this definition, be considered to be Affiliates of the federal government and its Affiliates; and *
b. with regard to Microsoft, any legal entity that Microsoft owns, that owns Microsoft, or that Is under common ownership with Microsoft.
"Customer' means the legal entity that has entered into this Agreement with Microsoft. "Customer Data" means all data, including all text, sound, software, image, or video files that are provided to Microsoft by, or on behalf of. an Enrolled Affiliate and its Affiliates through use of Online Services. “day" means a calendar day, except for references that specify “business day'. “Enrolled Affiliate" means an entity, either Customer or any one of Customer's Affiliates that has entered Into an Enrollment under this Agreement.
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"Enrollment'' means the document that an Enrolled Affiliate submits under this Agreement to place orders for Products.
''Enterprise” means an Enrolled Affiliate and the Affiliates for which It is responsible and chooses on its Enrollment to include in its enterprise.
"Fixes' means Product fixes, modifications or enhancements, or their derivatives, that Microsoft either releases generally (such as Product service packs) or provides to Customer to address a specific issue. "License" means the right to download, install, access and use a Product. For certain Products, a License may be available on a fixed term or subscription basis ("Subscription License"). Licenses for Online Services will be considered Subscription Licenses.
‘Microsoft" means the Microsoft Affiliate that has entered info this Agreement or an Enrollment and its Affiliates, as appropriate.
“Online Services" means the Microsoft-hosted services identified as Online Services in the Product Terms. “Online Services Terms" means the additional terms that apply to Customer's use of Online Services published on the Volume Licensing Site and'uprlaled from time Io time. “Product" means all products Identified in the Product Terms, such as all Software, Online Services and other web-based services, Including pre-release or beta versions. “Product Terms" means the document lhal provides Information about Microsoft Products and Professional Services available through volume licensing. The Product Terms document is published on the Volume Licensing Site and Is updated from time to time.
“SLA" means Service Level Agreement, which specifies the minimum service level for Online Services and is published on the Volume Licensing Site.
“Software" means licensed copies of Microsoft software identified on the Product Terms. Software does not Include Online Services, but Software may be part of an Online Service. "Software Assurance" is an offering by Microsoft that provides new version rigtits and other benefits for Products as further described In the Product'Terms.
‘Trade Secret" means information that is not generally known or readily ascertainable to the public, has economic value as a result, and has been subject to reasonable steps under the circumstances to maintain its secrecy. I
"use" oi "run" means to copy, install, use, access, display, run or otherwise interact. "Use Rights” means the use rights or terms of service for each Product published on the Volume Licensing Site and updated from time to time. The Use Rights supersede the terms of any end user license agreement dial accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms.
The Use Rights for Online Services are published in the Online Services Terms. “Volume Licensing Site’ means h(tf)://www,mtcrosoft.com/licenslnq/contracts or a successor site, i
2. How the Enterprise program works.
a. General. The Enterprise program consists of the terms and conditions on which an Enrolled Affiliate may acquire Product Licenses. Under the Enterprise program. Customer and Ils Affiliates may order Licenses for Products by entering Into Enrollments. b. Enrollments. The Enterprise program gives Customer and/or its Affiliates the ability to enter into one or more Enrollments to order Products. Subscription Enrollments may be available for some of these Enrollments. Notwithstanding any other provision of this Agreement, only Enrolled Affiliates identified in an Enrollment will be responsible for complying with the terms of that Enrollment, including th'e terms of this Agreement incorporated by reference in that Enrollment. 1
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c. Licenses. The types of Licenses available are (1) Licenses obtained under Software Assurance (LRSA), and (2) Subscription Licenses. These License types, as well as additional License Types, are further described in the Product List.
3. Licenses for Products. '
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a. License Grant. Microsoft grants Die Enterprise a non exclusive, worldwide and limited right to download, install and use software Products, and to access and use the Online Services, each in the quantity ordered under an Enrollment. The rights granted are subject to tire terms of this Agreement, the Use Rights and the Product Terms. Microsoft reserves all rights not expressly granted in this Agreement.
b. Duration of Licenses. Subscription Licenses and most Software Assurance rights are temporary and expire when the applicable Enrollment is terminated or expires. unless the Enrolled Affiliate exercises a buy-out option, which is available for some Subscription Licenses.
Except as otherwise noted in the applicable Enrollment or Use Rights, all other Licenses become perpetual only when all payments for that License have been made and the initial Enrollment term has expired.
c. Applicable Use Rights.
(i) Products (other than Online Set vices). The Use Rights in effect on the effective date of the applicable Enrollment term will apply to Enterprise's use of the version of each Product that is current at the time. For future versions and new Products, the Use Rights in effect when those versions and Products are first released will apply. Changes Microsoft makes to the Use Rights for a particular version will not apply unless the Enrolled Affiliate chooses to have those changes apply. The Use Rights applicable to perpetual Licenses that were acquired under a previous agreement or Enrollment are determined by the Agreement or Enrollment under which they were acquired. Renewal of Software Assurance does not change which Use Rights apply to those Licenses.
(II) Online Services. For Online Services, the Use Rights in effect on the subscription start date will apply for the subscription term as defined in the Product Terms. cl. Downgrade rights. Enrolled Affiliate may use an earlier version of a Product other them Online Services than the version that is currant on the effective date of the Enrollment. For Licenses acquired in the current Enrollment term, the Use Rights for the current version apply to the use of the earlier version. If the earlier Product version includes features that are not in Hie new version, then the Use Rights applicable to the earlier version apply with respect to those features.
e. New Version Rights under Software Assurance. Enrolled Affiliate must order and maintain continuous Software Assurance coverage for each License ordered. With Software Assurance coverage, Enterprise automatically has the right to use a new version of a licensed Product as soon as it is released, even ifEnrolled Affiliate chooses nol to use the new version immediately (I) Except as otherwise permitted under an Enrollment, use of the new version will be subject to the new version's Use Rights.
(ii) If the License for the earlier version of the Product is perpetual at the time the new version is released, the License for the new version will also be perpetual. Perpetual Licenses obtained through Software Assurance replace any perpetual Licenses for the earlier version.
f. License confirmation. This Agreement, the applicable Enrollment, Enrolled Affiliate's order confirmation, and any documentation evidencing transfers of perpetual Licenses, together with proof of payment, will tie Enrolled Affiliate's evidence of all Licenses obtained under an Enrollment.
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g. Reorganizations, consolidations and privatizations. If the number of Licenses covered by ■an Enrollment changes by more than ten percent as a result of (1) a reorganization, consolidation or privatization of an entity or an operating division, (2) a privatization of an Affiliate or an operating division of Enrolled Affiliate or any of its Affiliates, or (3) a consolidation including a merger with a third party that has an existing agreement or Enrollment, Microsoft will work with Enrolled Affiliate in good faith to determine how to accommodate its changed circumstances in the context of this Agreement.
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4. Making copies of Products and re-imaging rights.
a. General. Enrolled Affiliate ma'/ make as many copies of Products, as it needs to distribute them within the Enterprise. Copies must be true and complete (including copyright and trademark notices) from master'.copies obtained from a Microsoft approved fulfillment source.
Enrolled Affiliate may use a third party to make these copies, but Enrolled Affiliate agrees it will be responsible for any third party's actions. Enrolled Affiliate agrees to make reasonable efforts to notify its employees, agents', and any other individuals who use the Products that the Products are licensed from Microsoft and subject to the terms of this Agreement. b. Copies for training/evaluation and back-up. For all Products alher than Online Services.
Enrolled Affiliate may: (1) use up to 20 complimentary copies of any licensed Product in a dedicated training facility on its premises for purposes of training on that particular Product, (2) use up to 10 complimentary copies of any Products for a 60-day evaluation period, and (3) use one complimentary copy of any licensed Product for back-up or archival purposes for each of Its distinct geographic locations. Trials for Online Services may be available if specified in the Use Rights.
c. Right to re-lmage, In certain cases, re-imaging is permitted using the Product media. If the Microsoft Product Is licensed (1) from an original equipment manufacturer (OEM), (2) as a full packaged Product through a retail source, or (3) under another Microsoft program, then media provided under this Agreement'may generally be used to create images for use in place of copies provided through that separate source. This right is conditional upon the following:
(i) Separate Licenses must be acquired from the separate source for each Product that is reimaged. (ii) The Product, language, version, and components of the copies made must be identical to the Product, language, version, and all components of the copies they replace and the number of copies or instances of the re-imaged Product permitted remains the same. (ill) Except for copies of an operating system and copies of Products licensed under another Microsoft program, the Product type (e.g.. Upgrade or full License) re-imaged must be identical to the Product type licensed from the separate source. (iv) Enrolled Affiliate must adhere to any Product-specific processes or requirements for reimaging identified In the Product Terms.
Re-imaged Products remain subject to the terms and use rights of the License acquired from the separate source. This subsection does not create or extend any Miciosoft warranty or support obligation. '
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5. Transferring and reassigning Licenses.
a. Ltconso transfers. License transfers are not permitted, except that Customer or an Enrolled Affiliate may transfer only fully-p'aid perpetual Licenses to:
(I) an Affiliate, or
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operating division of Enrolled Affiliate or an Affiliate. (B) a reorganization, or (C) a consolidation. t
Upon such transfer, Customer 'or Enrolled Affiliate must uninstall and discontinue using the licensed Product and render any copies unusable.
b. Notification of License Traitsfcr. Enrolled Affiliate must notify Microsoft of a License transfer by completing a license' transfer form, which can be obtained from htto://www miciosofl.corii/licenslnci/caiilracts and sending the completed form to Microsoft before the License transfer. No License transfer will be valid unless Enrolled Affiliate provides to the transferee, and the transferee accepts in writing, documents sufficient to enable the transferee to ascertain the scope, purpose and limitations of the rights granted by Microsoft under the licenses being transferred (includingthe applicable Use Rights, use and transfer restrictions, warranties and limitations of liability). Any License transfer not made In compliance with this section will be void. |
c. Internal Assignment of Licenses and Software Assurance. Licenses and Software Assurance must be assigned to a single user or device within the Enterprise. Licenses and Software Assurance may be reassigned within the Entei prise as described in the Use Rights.
6. Term and termination.
a. Term. The term of thisAgreement will be 36 full calendar months from the effective date unless terminated by either party as described below. Each Enrollment will have the term provided in that Enrollment. •
b. Termination without cause. Either party may terminate this Agreement, without cause, upon 60 days' written notice. In the event of termination, new Enrollments will not he accepted, but any existing Enrollment will continue for the term of such Enrollment and will continue to be governed by this Agreement.
c. Mid-term termination for non-‘appropriation of Funds. Enrolled Affiliate may terminate this Agreement or an Enrollment without liability, penalty or further obligation to make payments if funds to make payments under the Agreement or Enrollment are not appropriated or allocated by the Enrolled Affiliate for such' purpose.
<1. Termination for cause. Without limiting any other remedies it may have, either party may terminate an Enrollment if the other party materially breaches its obligations under this Agreement, including any obligation to submit orders or pay invoices. Except where the breach is by its nature not curable within 30 days, the terminating party must give the other party 30 days' notice of its Intent to terminate and an opportunity to cure the breach.
If Microsoft gives such notice to an Enrolled Affiliate, Microsoft also will give Customer a copy of that notice and Customer agrees to help resolve the breach. If the breach affects other Enrollments and cannot be resolved between Microsoft and Enrolled Affiliate, together with Customer's help, within a reasonable period of time, Microsoft may terminate this Agreement and all Enrollments under it. If an Enrolled Affiliate ceases to be Customer's Affiliate, it must promptly notify Microsoft, and Microsoft may terminate the former Affiliate’s Enrollment If an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or if Microsoft terminates an Enrollment because Enrolled Affiliate ceases to be Customer's Affiliate, then Enrolled Affiliate will have the early termination rights described in the Enrollment. e. Early termination. If (1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or (2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for nonappropriation of funds, or (4) Microsoft terminates an Enrollment for non-payment due to nonapproprlation of funds, then the Enrolled Affiliate will have the following options:
(I) It may Immediately pay the total remaining amount due. including all installments. In which case, the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or kA2mt>Afli(US)SL<S(ENCn(Nov20l&) [ Pane 5 of it
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(It) It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for:
•I) all copies of Products (Including the latest version of Products ordered under SA coverage in the current term) For which payment has been made in full, and 2) the number of copies of Products it has ordered (including the latest version of Products ordered under Software Assurance coverage in current term) that is proportional to the total of installment payments paid versus total amounts due (paid and payable) if the early termination had not occurred. (Hi) In the case of early termination under subscription Enrollments, Enrolled Affiliate will have the following options: i
•I) For eligible Products, Enrolled Affiliate may obtain perpetual Licenses as described In the section of the Enrollment titled "Buy-out option,” provided that Microsoft receives the buy-out order for those Licenses within 60 days after Enrolled Affiliate provides notice of termination.
2) In the event of a breach try Microsoft, If Customer chooses not to exercise a buy-out option, Microsoft will Issue Enrolled Affilaite a credit for any amount paid in advance for Subscription Licenses that the Enterprise will not be able to use to do the termination of the Enrollment.
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Nothing In this section shall affect perpetual License rights acquired either in a separate agreement or in a prior term of the terminated Enrollment. f. Effect of termination or expiration. When an Enrollment expires or is terminated, (I) Enrolled Affiliate must order. Licenses for all copies of Products it has run for which it has not previously submitted an order. Any and all unpaid payments for any order of any kind remain due and payable, Except as provided in tire subsection titled "Early termination,” all unpaid payments for Licenses immediately become due and payable. (it) Enrolled Affiliate's right to Software Assurance benefits under this Agreement ends if it does not renew Software Assurance.
g. Modification or termination of an Online Service for regulatory reasons. Microsoft may modify or terminate an Online. Service where there is any current or future government requirement or obligation that: |( I) subjects Microsoft to any regulation or requirement not generally applicable to businesses operating in the jurisdiction; (2) presents a hardship for Microsoft to continue operating the Online Service without modification; and/or (3) causes Microsoft to believe these terms or the Online Service may conflict with any sucli requirement or obligation. (
h. Program updates. Microsoft may make changes Io this program that will mako it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at the time of an Enrollment renewal, j
7. Use, ownership, rights, a/Jcf restrictions.
a. Products. Unless otherwise specified in a supplemental agreement, use of any Product is governed by the Use Rights specific to each Product and version and by the terms of the applicable supplemental agreement.
b. Fixes. Each Fix is licensed under the same terms as the Product to which it applies. If a Fix is not provided for a specific Product, any use rights Microsoft provides with the Fix will apply. c. Non-MIcrosoft software and technology. Enrolled Affiliate is solely responsible for any nonMicrosoft software or technology that it Installs or uses with the Products or Fixes. *
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<J. Restrictions. Enrolled Affiliate must not (and is not licensed to) (I) reverse engineer, decompile, or disassemble any' Product or Fix; (2) Install or use non-Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (3) work around any technical limitations in a Product or Fix or restrictions In Product documentation. Customer must not (and is not licensed to) () separate and run parts of a Product or Fix on more than one device, upgrade or downgrade parts of a Product or Fix al different times, or transfer parts of a Product or Fix separately; or (ii) distribute, sublicense, rent, lease, lend any Products or Fixes, in whole or in part, or use them to offer hosting services to a third parly.j
e. Reservation of rights. Products and Fixes are protected by copyright and other intellectual property rights laws and international treaties. Microsoft reserves all rights not expressly granted in this agreement. No rights will be granted or implied by waiver or estoppel. Rights Io access or use Software on a device do not give Customer any right to Implement Microsoft patents or other Microsoft intellectual property In the device Itself or In any other software or devices.
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8. Confidentiality.
"Confidential Information * is non-public information that is designated "confidential" or that a reasonable person should understand is confidential, including Customer Data. Confidential Information does not Include information that (a) becomes publicly available without a breach of this agreement, (b) the receiving party received lawfully from another source without a confidentiality obligation, (c) is independently developed. or(d) is a coinmenl or suggestion volunteered about the other party's business, products or services.
Each party will take reasonable steps to protect the other's Confidential Information and will use the other party's Confidential Information only for purposes of the parties’ business relationship. Neither party will disclose that Confidential Information to third parlies, except lo ils employees. Affiliates, contractors, advisors and consultants ("Representatives") and then only on a need-to-know basis under nondisclosure obligations at least as protective as this agreement. Each parly remains responsible for the use of the Confidential Information by its Representatives and, in the event of discovery of any unauthorized use or disclosure, must promptly notify the other party.
A party may disclose the other's Confidential Information if required by law; but only after it notifies the other party (If legally permissible) to enable the other party to seek a protective order.
Neither party is required to restrict work assignments of its Representatives who have had access to Confidential Information Each party agrees that the use of Information retained in Representatives' unaided memories in the development or dejjloyment of the parties’ respective products or services does not create liabilily under this Agreement or trade secret law, and each party agrees to limit what it discloses to (he other accordingly.
These obligations apply (i> for Customer Data until it is deleted from the Online Services, and (li) for all other Confidential Information, for a period of five years after a party receives the Confidential Information. i
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9. Privacy and compliance with laws.
a. Enrolled Affiliate consents to the processing of personal information by Microsoft and its agents to facilitate the subject matter 'of this Agreement. Enrolled Affiliate will obtain all required consents from third parties under applicable privacy and data protection law before providing personal information to Microsoft.
b. Personal information collected under this agreement (i) may Ire transferred, stored and processed in lire United States dr any other country in which Microsoft or its service providers maintain facilities and (II) will be subject to the privacy terms specified in the Use Rights.
Microsoft will abide by the requirements of European Economic Area and Swiss data protection * i
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law regarding the collection, use, transfer, retention, and other processing of personal data from the European Economic Area and Switzerland.
c. U.S. export. Productsand Fixes are subject to U.S. export jurisdiction. Enrolled Affiliate must comply with all applicable international and national laws, including the U.S. Export Administration Regulations and'International Traffic in Aims Regulations, and end-user, end use and destination restrictions issued by U.S. and other governments related to Microsoft products, services and technologies.
10. Warranties.
a. Limited warranties and remedies.
(I) Software. Microsoft warrants that each version of the Software will perform substantially as described in the applicable Product documentation for one year from the date the Enterprise is first licensed'for that version. If it does not and the Enterprise notifies Microsoft within the warranty lerm, then Microsoft will, at its option (1) return the price Enrolled Affiliate paid for the Software license, or (2) repair or replace the Software. fit) Online Services. Microsoft warrants that each Online Service will perform In accordance with the applicable SLA during the Enterprise's use. The Enterprise's remedies far breach of this warranty are in the SLA.
The remedies above are the Enterprise's sole remedies for breach ol the warranties In this section. Customer waives any breach of warranty claims not made during the warranty period. b. Exclusions. The warranties in this agreement do not apply to problems caused by accident, abuse, or use in a manner Inconsistent with this Agreement, including failure to meet minimum system requirements. These 'warranties do not apply to free, trial, pre-release, or beta products, or to components of Products that Enrolled Affiliate is permitted to redistribute. c. Disclaimer. Except for the'limited warranties above, Microsoft provides no other warranties or conditions and disclaims any other express, implied, or statutory warranties, including warranties of quality, title, non-infringement, merchantability, and fitness for a particular purpose.
11. Defense of third party claims.
Tire parties will defend each other against the third-party claims described in this section and will pay the amount of any resulting adverse final judgment or approved settlement, but only if the defending party is promptly notified in writing of the claim and has the right to control the defense and any settlement of it. The party being defended must provide the defending party with all requested assistance, information, and authority. The defending party will reimburse the other party for reasonable out-of-pocket expenses it incurs in providing assistance. This section describes the parties' sole remedies and entire liability for such claims. a. By Microsoft. Microsoft will defend Enrolled Affiliate against any third-party claim to the extent it alleges that a Product or Fix made available by Microsoft for a fee and used within the scope of the license granted (unmodified from the form provided by Microsoft and not combined with anything else) misappropriates a trade secret or directly infringes a patent, copyright, trademark or other proprietary right of a third party. If Microsoft is unable to resolve a claim of infringement under commercially reasonable terms, it may, at its option, either (I) modify or replace the Product or Fix with a functional equivalent; or (2) terminate Enrolled Affiliate's license and refund any prepaid license fees (less depreciation on a five-year, straight-line basis) for perpetual licenses arid any amount paid for Online Services for any usage period after the termination dale. Microsoft will not be liable for any claims ordamages due to Enrolled Affiliate's continued use of a Pro'duct or Fix after being notified to stop due to a third-party claim. b. By Enrolled Affiliate. To the extent permitted by applicable law. Enrolled Affiliate will defend Microsoft against any third-party claim to the extent It alleges that: (1) any Customer Data or FA2OlfiAgi(US)SLG(EHG)(Nov2O16) I Page 8 of 11
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non-Microsoft software hosted in an Online Service by Microsoft on Enrolled Affiliate's behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary light of a third paity; or (2) Enrolled Affiliates use of any Product or Fix, alone or in combination with anything else, violates the law or damages a third parly.
12. Limitation ofliability.
For each Product, each party's maximum, aggregate liability to the other under this Agreement is limited to direct damages finally awarded in an amount not to exceed the amounts Enrolled Affiliate was required to pay for the applicable Products during the term of this Agreement, subject to the following:
a. Online Services. For Online Services, Microsoft's maximum liability to Enrolled Affiliate for any incident giving rise to a claim will not exceed the amount Enrolled Affiliate paid for the Online Service during the 12 months before the incident. b. Free Products and Distributable Code. For Products provided free of charge and code that Enrolled Affiliate Is authorized Io redistribute to third parties without separate payment to Microsoft, Microsoft's liability is limited to direct damages finally awarded up to USS5.0Q0. c. Exclusions. In no event will either party be liable for indirect, incidental, special, punitive, or consequential damages, or for loss of use, loss of business information, loss of revenue, or interruption of business, however caused or on any theory of liability. cl. Exceptions. No limitation or exclusions will apply to liability arising out of either party's (1) confidentiality obligations (except for all liability related to Customer Data, which will remain subject to the limitations and exclusions above); (2) defense obligations; or (3) violation of tire other party's intellectual property rights.
13. Verifying compliance.
a. Right to verify compliance. Enrolled Affiliate must Keep records relating to all use and distribution of Products by Enrolled Affiliate and its Affiliates. Microsoft has the right, at Its expense, to the extent permitted by applicable law, to verify compliance with the Product's license terms. Enrolled Affiliate must promptly provide the independent auditor with any information the auditor reasonably requests in furtherance of the verification, including access to systems running the Products,and evidence of Licenses for Products Enrolled Affiliate hosts, subllcenses, or distributes to third parties. Enrolled Affiliate agrees to complete Microsoft's self-audit process, which Microsoft may require as an alternative to a third party audit. b. Remedies for non-compliance. If verification or self-audit reveals any unlicensed use or distribution, then within 30 days', (1) Enrolled Affiliate must order sufficient Licenses to cover that use or distribution, and (2) if unlicensed use or distribution is 5% or more. Enrolled Affiliate must reimburse Microsoft for tile cost Microsoft Iras incurred in verification and acquire tire necessary additional licenses at 125% of the price based on the then-current price list and Enrolled Affiliate price level. The unlicensed use percentage is based on the total number of licenses purchased compared to actual install base. If there is no unlicensed use. Microsoft will not subject Enrolled Affiliate to {another verification for at least one year. By exercising the lights and procedures described above, Microsoft does not waive its rights to enforce this Agreement or to protect its intellectual property by any other means permitted by law. c. Verification process. Microsoft will notify Enrolled Affiliate at least 30 days in advance of its intent to verify Enrolled Affiliate's compliance with the license terms for lhe Products Enrolled Affiliate and its Affiliates use or distribute. Microsoft will engage an independent auditor, which will be subject to a confidentiality obligation. Any Information collected in lhe self-audit will be used solely for purposes of determining compliance. This verification will lake place during normal business hours and in a manner that does not Interfere unreasonably with Enrolled Affiliate's operations.
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14. Miscellaneous.
a. Use of contractors, Microsoft may use contractors to' perform services, but will be responsible for their performance subject to he terms of this Agreement. b. Microsoft as independent contractor. The parties are independent contractors. Enrolled Affiliate and Microsoft each may develop products independently without using the other's Confidential Infomiation.
c. Notices. Notices to Microsoft must be sent to ths address on the signature form. Notices must be in writing and will be treated as delivered on the date shown on the return receipt or on the courier or fax confirmation of delivery. Microsoft may provide information to Enrolled Affiliate about upcoming ordering deadlines, services, and subscription information in electronic form, including by email to contacts provided by Enrolled Affiliate. Emails will be treated as delivered on the transmission date.
cl. Agreement not exclusive. Customer is free to enter into agreements to license, use or promote non-Microsoft products^
e. Amendments. Any amendment to this Agreement must be executed by both parties, except that Microsoft may change the Product Terms and the Use Rights from lime Io lime In accordance with lhe terms of tills Agreement. Any conflicting terms and conditions contained in an Enrolled Affiliate's purchase order will not apply. Microsoft may require Customer to sign a new agreement or an amendment before an Enrolled Affiliate enters into an Enrollment under this agreement. i
f. Assignment. Either parly may assign this Agreement to an Affiliate, but must notify the other party in writing-of the assignment. Any other proposed assignment must be approved by the non-assigning party in writing. Assignment will not relieve the assigning party of its obligations under the assigned agreement Any attempted assignment without required approval will be void. i
g. Applicable law; dispute resolution. The terms of this Agreement will be governed by the laws of Customer's stale, without giving effect to its conflict of laws. Disputes relating to this Agreement will be subject to applicable dispute resolution laws of Customer's slate. h. Severability. If any provision in'thls agreement is held to be unenforceable, the balance of the agreement will remain in full force and effect.
i. Waiver. Failure to enforce any' provision of this agreement will not constitute a waiver. Any waiver must be In writing and signed by the waiving party. j. No third-party beneficiaries. 'This Agreement does not create any third-party beneficiary rights. 1
k. Survival. All provisions survive termination or expiration of this Agreement except those requiring performance only during the teim of the Agreement. l. Management and Reporting. Customer and/or EnrolledAffiliate may manage account details (e.g., contacts, orders, Licenses, software downloads) on Microsoft's Volume Licensing Service Center ("VLSC") web site (or successor site) at:
https.tfwww imcrosofl com/licenslnq/servicecenter. Upon the effective date of this Agreement and any Enrollments, the contact(s) identified for this purpose will be provided access to this site and may authorize additional users and contacts.
m. Order of precedence. In the case of a conflict between any documents In this Agreement that Is not expressly resolved in (hose documents, their terms will control in lite following order from highest to lowest priority: (1) this Enterprise Agreement, (2) any Enrollment, (3) the Product Terms, (4) the Online Services Terms, (5) orders submitted under (his Agreement, and (6) any other documents in this Agreement, Teims in an amendment control over the amended document and any prior amendments concerning the same subject matter. £A2()IKAmi(US)SLG(ENG)(N6v20I(S) i Page 10 of II
• Documenl X20 10203
ii. Free Products. It is Microsoft's intent that the terms of this Agreement and the Use Rights be in compliance with all applicable federal law and regulations. Any free Product provided to Enrolled Affiliate is for the sole use and benefit of the Enrolled Affiliate, and is not provided for use by or personal benefit of any specific government employee.
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o. Voluntary Product Accessibility Templates. Microsoft supports the government’s obligation to provide accessible technologies to its citizens with disabilities as required by Section 508 of the Rehabilitation Act of 1973, and its state lav; counterparts. The Voluntary Product Accessibility Templates ("VPATs") for the Microsoft technologies used In providing the Online Services can be found at Microsoft's VPAT page. Further information regarding Microsoft’s commitment to accessibility can be found at hltp.tfwww.mtcrosofl.corn/enable. p. Natural disaster. In the event of a “natural disaster," Microsoft inay provide additional assistance dr rights by posting them on http:tfwww.microsoft.com at such time. q. Copyright violation. Except as set forth in the section above entitled "Transferring and reassigning Licenses", the Enrolled Affiliate agrees to pay for, and comply with the terms of this Agreement and (he Use Rights,'for the Products it uses. Except to the extent Enrolled Affiliate Is licensed under (his Agreement, it will be responsible for its breach of this contract and violation of Microsoft's copyright in the Products, including payment of License fees specified In this Agreement for unlicensed use.
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□ ' Microsoft Volume Licensing
Supplemental Contact Information Form
This form can be used In combination with MBSA, Agreement, and Enrollment/Registration.
However, a separate form must be submitted for each enrollment/registration. when more than one is submitted on a signature form. For the purposes of this form, ‘'entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. Primary arid Notices contacts in this form will not apply to enrollments or registrations.
This form applies to: MBSA
|X] Agreement
<—i 1 Enrollment/Affiliate Registration Form
Insert primary entity name if more than one Enrollnienl/Regislration Form Is submitted
i
Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (') indicate required fields; if the entity chooses to designate other contact types, (lie same required fields must be completed for each section. By providing contact information, entity consents to its use for pufposes of administering the Enrollment by Microsoft and other parties that help Microsoft administer this Enrollment. The personal information provided In connection with this agreement will be used and protected according to the privacy statement available at httos:.'/llcensint| rnicrosolt.com.
1. Additional notices contact.
This contact receives all notices that are sent from Microsoft. No online access is granted to this Individual.
Name of entity * County of Riverside
Contact name *: First Regina Last Funderburk
Contact email address' [email protected]
Street address * 3450 14th Street, 4th Floor)
City * Riverside State/Province * California Postal code * 92501-3861 Country * USA
Phone * 951-955-2265 Fax (
O This contact is a third party (not lire entity). Warning: This contact receives personally identifiable Information of the entity. 1
i
2. Software Assurance manager.
This contact will receive online permissions to manage the Software Assurance benefits under the Enrollment or Registration.
Name of entity * County of Riverside
Contact name *: First Regina Last Funderburk
Contact email address * [email protected]
Street address * 3450 14th Street. 4th Floor)
City * Riverside State/Province * California j Postal code * 92501 -3861 I
t
SupContncllnloFoim(l'IA,l'ID)(l?MG)(Or,l20l.1) Page 1 of 3 Country * USA
Phone * 951-955-2265 Fax
O This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity.
3. Subscriptions manager.
This contact will assign MSDN, Expression, and TechNet Plus subscription licenses to the individual subscribers under this Enrollment or Registration. Assignment of the subscription licenses is necessary for access to any of the online benefits, such as subscription downloads. This contact will also manage any complimentary or additional media purchases related to these subscriptions.
Name of entity * County of Riverside
Contact name’: First Regina Last Funderburk
Contact email address * [email protected]
Street address * 3450 14th Street, 4th Floor
City * Riverside State/Province * California Postal code' 92501-3861 Country * USA
Phone * 951-955-2265 Fax
□ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity.
4. Online services manager.
•This contact will be provided online permissions to manage the online services ordered under the Enrollment or Registration.
Name of entity * County of Riverside
Contact name *: First Luis Last Flores
Contact email address * [email protected]
Street address * 3450 14th Street, 4lh Floor
City * Riverside State/Province * California Postal code * 92501-3861 Country * USA
Phone * 951-955-8114 Fax
□ This contact is a third parly (not the entity). Warning: This contact receives personally Identifiable information of the entity.
5. Customer Support Manager(CSM).
This person is designated as die Customer Support Manager (CSM) for support-related activities.
Name of entity * County of Riverside
Contact name': First Luis Last Flores
Contact email address * [email protected]
Street address * 3450 14th Street, 4th Floor
City * Riverside State/Province * Californio Postal code * 92501-3861 Country * USA
Phone * 951-955-8114 Fax
6. Primary contact information.
An individual from inside the organization must serve as the primary contact. This contact receives online administrator permissions and may grant online access to others. This contact also receives all notices unless Microsoft is provided written notice of a change.
Name of entity * County of Riverside
SiipC<rri!acllilfi)l;i>lin(NA,IN0)(liNt:>)(0clZ<>13) Pape 2 or 3 Contact name *: First Jim Last Smith
Contact email address * [email protected]
Street address * 3450 14th Street, 4lh Floor
City * Riverside State/Provlnce * CA Postal code * 92501'3861 Country * US
Phone * 951-231-5909 Fax
7. Notices contact and online administrator information.
This Individual receives online administrator permissions and may grant online access to others. This contact also receives all notices.
O Same as primary conlacl
Name of entity *
Contact name *: First Last
Contact email address *
Street address'
City * State/Provlnce * Postal code *
Country’
Phone * Fax
□ This contact is a third parly (not the entity). Warning: This contact receives personally identifiable information of the entity.
:upCoiilHclliiit>P<irni(NA.IND)(S:MG)(Ocl2(n:n Page 3 of 3 Microsoft
Program Signature Form
Volume Licensing
MBA/MBSA number
Agreement number 8084445
AMD000445855
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
Enterprise Enrollment (Indirect) X20-10636
Product Selection Form 3017096.004 PSF (NEW)
Enterprise Amendment M97.M423 (NEW)
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name) * City of Bakersfield Signature *
Printed First and Last Name *
Printed Title
Signature Date *
Tax ID
* indicates required field
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name Charles Watson
Printed Title MicrosoftAuthorized Signatory
Signature Date 07-08-2025
(date Microsoft Affiliate countersigns)
»
Agreement Effective Date
(may be different than Microsoft’s signature date)
Optional 2nd Customer signature or Outsourcer signature (if applicable) Customer
Name of Entity (must be legal entity name) *
Signature *
Printed First and Last Name *
Printed Title
Signature Date *
* indicates required field
Outsourcer
Name of Entity (must be legal entity name) *
Signature *
Printed First and Last Name *
Printed Title
Signature Date *
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883
' Microsoft
Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete) 59242425 Framework ID
(ifapplicable)
Previous Enrollment number
(Reseller to complete) 6496842
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (6) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensinq/contracts. In the event of any conflict the terms of this Agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments dr agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.
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Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program.
“Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; “Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation.
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"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state's jurisdiction and geographic boundaries. “Tribal Entity” means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product.
“Volume Licensing Site” means http://www.microsoft.com/licensinq/contracts or a successor site.
2. Orderrequirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use.
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(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (Hi) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders.
Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services in a given Product pool that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as (a) the initial order minimum requirements are maintained and (b) all then-active users of each Online Service are included the total quantity of Licenses remaining after the reduction. An Enrolled Affiliate may reduce Licenses for Online Services on or before the Enrollment anniversary date and place a reservation order for such licenses within 90 days after the anniversary date; however, any licenses ordered as described in this section will be invoiced to the Enrolled Affiliate for the time period the licenses were made available.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 4 of 10
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Products. This update statement must be signed by Enrolled Affiliate’s authorized representative.
(vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The thirdyear true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period.
(vii)Late true-up order. If the true-up order or update statement is not received when due, Microsoft may invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered," then for additional step-up Licenses, by following the true-up order process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Unless otherwise expressly agreed to by the parties and except for Online Services designated in the Product Terms as being exempt from fixed pricing, Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term.
4. Payment terms.
For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses.
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5. End ofEnrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term option that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first twelve months of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, Microsoft may condition the continued use of each Online Service on the acceptance of new terms by the Enrolled Affiliate. Enrolled Affiliate will be notified in writing of any new terms at least 60 days before any such changes take effect. Enrolled Affiliate acknowledges and agrees that after the notice described in this section, its continued use of each Online Service after the effective date provided in the notice will constitute its acceptance of the new terms. If Enrolled Affiliate does not agree to the new terms, it must stop using the Online Services and terminate the Extended Term as provided in this section. Enrolled Affiliate’s termination under this section will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement.
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For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member ofthe Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Govemment Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.
EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 7 of 10
Document X20-10636
Enrollment Details
1. Enrolled Affiliate’s Enterprise.
Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number ofAffiliates:
E Enrolled Affiliate only
□ Enrolled Affiliate and the following Affiliate(s):
Unless specifically identified above, all Affiliates of Customer, either existing at the execution of this Enrollment or created or acquired after the execution of this Enrollment, will be excluded from the Enterprise. To request that an additional Affiliate be included in Customer’s Enterprise, Customer must identify an Affiliate to Microsoft in writing and provide any required documentation. Microsoft will reasonably review requests under this paragraph and may approve the inclusion of an Affiliate in Customer's Enterprise in its sole discretion.
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensinq/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name) * City of Bakersfield Contact name: First * Buffie Middle Last * Kaiser
Contact email address * [email protected]
Street address * 1501 Truxtun Ave
City * Bakersfield
CA
Postal code * 93301-5201 -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country * United States
Phone * (661) 326-3283
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. □ Same as primary contact (default if no information is provided below, even if the box is not checked).
EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 8 of 10
Document X20-10636
Contact name: First * Buffie Middle Last * Kaiser
Contact email address * [email protected]
Street address * 1501 Truxtun Ave
City * Bakersfield
State * CA
Postal code * 93301-5201 -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country * United States
Phone * (661) 326-3283
Language preference. Choose the language for notices. English □ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order.
□ Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked)
Contact name: First * Buffie Middle Last * Kaiser
Contact email address * [email protected]
Phone * (661) 326-3283
□ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name * Dell Inc.
Street address (PO boxes will not be accepted) * One Dell Way City * RoundRock
State * TX
Postal code * 78682-7000
Country * United States
Contact name * *Govt Contract Admin
Phone * 847-465-3700
Contact email address * [email protected]
* indicates required fields
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct.
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 9 of 10
Document X20-10636
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, S No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft.
EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 10 of 10
Document X20-10636
Microsoft Volume Licensing
Previous Enrollment(s)/Agreement(s) Form
Entity Name: City of Bakersfield
Contract that this form is attached to: State Local Government For the purposes of this form, “entity” can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.
Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers.
d. The date ofthe earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract.
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Description
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Public Customer
Number
Transfer
SA Benefit
Contact
Transfer
MSDN
Subscribers
Standard Enrollment 6496842 X I x |
PrevEnrAgrFoim(WW)(ENG)(Oct2019) Page 1 of 1
Document X20-12873
Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing Proposal ID Enrollment Number
3017096.004
Language: English (United States)
Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order:
Profile Qualified Devices Qualified Users Device / User Ratio CAL Licensing Model Enterprise 2,311 2,311 1.0 User Licenses
Products Enterprise Quantity
Microsoft 365 Enterprise
M365 G3 GCC USL Unified 832
M365 G3 GCC FromSA Unified Renewal 1,479
Enrolled Affiliate's Product Quantities:
Price Group 1 2 3 4
Enterprise Products Office Professional Plus + M365 Apps for Enterprise + Office 365 (Plans E3 and E5)
+ Microsoft 365 Enterprise
Client Access License +
Office 365 (Plans El, E3
and E5) + Microsoft
365 Enterprise
Client Access License +
Windows Intune + EMS
USL + Microsoft 365
Enterprise
WinE3 + Win E5 + Win
VDA + Microsoft 365
Enterprise
Quantity 2311 2311 2311 2311
Enrolled Affiliate's Price Level:
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract the highest quantity from Groups 1 through 4.
documents, Price level set using
D
Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1.
D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4.
D
Notes
Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price level mapping below:
EA-EASProdSelForm(WW)(ENG)
MS Quote
Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing Quantity of Licenses and Software Assurance Price Level 2,399 and below A
2,400 to 5,999 B
6,000 to 14,999 c
15,000 and above D
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased.
Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "A" throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling.
EA-EASProdSelForm(WW)(ENG)
MS Quote
1 Microsoft Volume Licensing
Amendment to Contract Documents
Enrollment Number
AMD000445855
These amendments are entered into between the parties identified on the attached program signature form. They amend the Enrollment or Agreement identified above. All terms used but not defined in these amendments will have the same meanings provided in that Enrollment or Agreement.
Enterprise Enrollment
Invoice for Quoted Price
Amendment ID M97
The price quoted to Enrolled Affiliate is a fixed price based on an estimated order submission date.
Microsoft will invoice Enrolled Affiliate based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate will be charged for net new Monthly Subscriptions (including Online Services) for the period during which these services were not provided.
For Indirect models, Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate’s Reseller.
SKU Number SKU Description Existing Quantity Incremental quantities
AAD-34700
M365 G3 Unified FSA
Renewal GCC Sub Per
User
1,479 0
AAD-34704 M365 G3 Unified FUSL
GCC Sub Per User 832 0
8ZZ-00001 M365 G5 Security GCC
Sub Per User 2,311 0
J8S-00003
Power Apps Per App
GCC Sub 1 App or
Website
1 0
SEL-00001 Power Apps Premium
GCC Sub Per User 1 0
SFL-00001 Power Automate Flow
GCC Sub Min 5 Licenses 5 0
105-00001
Power Automate
Premium GCC Sub Per
User
2 0
HKL-00002 Power Bl Premium P1
GCC Sub 1 0
DDJ-00001 Power Bl Pro GCC Sub
Per User 13 0
NYH-00001 Teams AC with Dial Out
US/CA GCC Sub Add-on 2,311 0
VL Central Amendments M97.M423 Blue
SKU Number SKU Description Existing Quantity Incremental quantities
P3U-00001 Visio P2 GCC Sub Per
User 2 0
W6T-00008 Azure Professional Direct
Support - US Gov 1 0
VA1-00001 Teams Rooms Pro GCC
Sub Per Device 37 0
7MS-00001 Planner & Project P3
GCC Sub Per User 22 0
VL Central Amendments M97.M423 Blue
Enterprise Enrollment
Multiple Azure Billing Tenants Under a Single
Enrollment
Amendment ID M423
1. Definitions.
“Azure Billing Tenant” means the environment established by Microsoft on its multi-tenant servers from which a customer accesses Microsoft Azure Services.
“Lead Enrollment" means the Enrollment identified above. “Billing Tenant Enrollment” means the enrollment associated with an Azure Billing Tenant established for a Tenant Affiliate under this Amendment.
“Tenant Administrator" means any licensed user of an Azure Billing Tenant that has its role set to “Global Administrator” in the profile settings in the Tenant User Administration page of the tenant portal. “Tenant Affiliate” means an Affiliate, department, or any user group included in the Enrolled Affiliate’s Enterprise who will access the Azure Billing Tenant that is identified in the Tenant Information Excel Form attached as an Appendix to this Amendment.
2. The parties agree to the following Billing Tenant Enrollment Terms as follows:
a. Tenant Affiliate Access and Enrolled Affiliate Obligations. Each Tenant Affiliate may access each Azure Billing Tenant and its corresponding Billing Tenant Enrollment identified in the Tenant Information Excel Form attached as an Appendix to this Amendment. Enrolled Affiliate acknowledges and agrees that: (i) it is the sole Enrolled Affiliate; (ii) it is the sole Licensee with respect to each Billing Tenant Enrollment; and, (iii) it is solely responsible for ensuring that each of its Tenant Affiliate’s comply with the terms and conditions set forth in the Lead Enrollment and any subsequent amendment hereof.
b. Tenant Administrator User Credentials. Each Tenant Administrator must have its own, unique, login credential and shall manage each Azure Billing Tenant separately. No two Azure Billing Tenants may share one Tenant Administrator login credential or data object(s). c. Azure Prepayment. Each Tenant Affiliate can purchase an Azure Prepayment; however, the allocated funds for such commitment cannot be transferred between Azure Billing Tenants and Tenant Affiliates.
d. Purchasing
(i) Purchase eligibility. Billing Tenant Enrollments may only be used to purchase Microsoft Azure Services and Microsoft Azure Services Plans.
(ii) Pricing. The price for Microsoft Azure Services and Microsoft Azure Services Plans purchased under a Billing Tenant Enrollment will be based on the pricelist current as of the Billing Tenant Enrollment Effective Date. Any price adjustment to a Billing Tenant Enrollment will be applicable only to that Billing Tenant Enrollment. (iii) Initial Order. Each Billing Tenant Enrollment must include an initial order. (iv) Billing Tenant Enrollment Effective Date. The effective date of a Billing Tenant Enrollment will be the processing date of the initial order. e. Orders. Enrolled Affiliate must submit separate orders, on behalf of each Billing Tenant Enrollment. Orders shall be governed by the terms set forth in the Lead Enrollment, except as VL Central Amendments M97.M423 Blue
specified in this Amendment. Orders are not transferrable between Billing Tenant Enrollments.
Billing Tenant Enrollment acceptance and order reminders will be sent to the contact(s) identified on the Lead Enrollment only.
f. Notices Contact and Online Services Manager. Each Billing Tenant Enrollment, shall have its own Notices Contact and Online Services Manager as listed in the Tenant Information Excel Form attached as an Appendix to this Amendment. The Notices Contact and Online Services Manager is authorized to manage the Microsoft Azure Services obtained under the related Billing Tenant Enrollment.
g. The expiration date, anniversary dates, payment dates and applicable taxes for each Billing Tenant Enrollment shall be the same as in the Lead Enrollment. h. Warning: If the Online service Manager Contact is third party (not Enrolled Affiliate) please be aware that this contact receives personally identifiable information of the Customer and it Affiliates.
This Amendment must be attached to a signature form and accompanies by the Tenant Information Excel Form to be valid. The Number of Tenant (s) listed in the Tenant Information Excel form file is:1
Appendix Tenant Information Excel Form is attached
Except for changes made by these amendments, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in these amendments and any provision in the Enrollment or Agreement identified above, these amendments shall control.
This Amendment must be attached to a signature form to be valid.
Microsoft Internal Use Only:
"(M97)EnrAmend(lnd)(lnvoiceforQuotedPrice)
(WW)(ENG)(Dec2024)(IU).docx"
M97 Blue
"(M423)EnrMultiTenant(MultipleAzureBillingT
enantsUnderASingleEnrollment)(WW)(ENG)(
Feb2025)(IU).docx"
M423 P-LSS
VL Central Amendments M97.M423 Blue
This Tenant Information - Excel Form must be used with the Multi-Tenant Enrollment Amendment ( Ml service Manager Contact is a third party (not Enrolled Affiliate) please be aware that this contact receives | File Version: July_2023
Registration ID
(required only
in 25
countries)
Prior Enrollment (if
renewal)
Tenant Affiliate Name (will be used as
Tenant ID Name in CPS) * Contact First Name *
6497675 Azure Commercial Mitchell
.30/M423/H21/M459/Add Tenant Form) to be valid - If the Online personally identifiable information of the Customer and its Affiliates.
Smith [email protected]
Contact Last Name * Online Service Manager Email *
GENERAL NOTES:
1 Completing the Intake File Tab
Please complete all applicable columns in the Intake Form Tab as instructed in "Use of Do not Unhide any row or column
Do not add any column
Use one row per Tenant (no limit on number of tenants/rows you can add) Do not copy and past data across entire row due to hidden columns as data will be plac 2 Use of Columns
Registration ID: Only required for 25 countries and is Optional for the rest of the world Prior Enrollment: Optional field if tenant is being renewed. Please enter the prior enrol Tenant Affiliate Name: Name of each tenant to be created/renewed. When accompain Contact First Name: Tenant contact first name, this will be used as the Primary Contact Contact Last Name: Tenant contact last name, this will be used as the Primary Contact Online Services Manager: This will be used as Online Services Manager email of each te 3 Completing and submitting Amendment
Excel Form must be used with the Multi-Tenant Enrollment Amendment M130/H21/M M130/H21/M423/M459 Amendment must be attached to a signature form and accom Ensure that the number of tenants added in this excel matches with the number of ten When submitting through CLT please ensure amendment, excel and signature form are 4 Frequent ask questions
Q: Where can I find this excel form?
A: This excel form is available with in explore.ms and with the amendment.
Q: How do I submit this excel form?
A: If the amendment is part of a contract package, please submit the excel form accompe If it is a standalone document please submit the excel form accompained of the amenc Q: Does the Online Services Manager (OSM) email need to be unique ? A: No, OSM email address does not need to be unique but if you provide a OSM email alr< For more information on activation steps please refer Online Services (OLS) activation ei Q: What happens if the ROC confirms a match between the proposed OSM and OSMs in P A: If OSM email provided under billing enrollment is already associated with an existing Et A) Continue to process as-is -in which case enrollment will be automatically mapped ti B) Provide an alternative OSM email address (this will allow the customer to sign up to Please discuss with your customer and advise on which option they prefer - ensuring tl Q: Will my case break if the Multi-Tenant Enrollment Amendment is submitted without th A: Yes.
Q: Will my case break if the Multi-Tenant Enrollment Amendment is submitted without th A: If you belong to one of the 25 countries where this is mandatory YES. If you do not belong to ti Columns" Section below
:ed in the wrong column.
. For details please refer to Partner Readiness Gallery:
llment number
ed with CPS Order, Tenant affiliate name must match t
: and Online Services Manager of each tenant enrollmei
and Online Services Manager of each tenant enrollmen
rnant enrollment
423/M459 /Add Tenant form to be valid
ipanied by this Tenant Information Excel to be valid.
iants entered in the Multi-Tenant Enrollment Amendnru
eady in use you need to be aware that the new enrollm
mail (microsoft.com)
'roduction/Trial?
nrollment, there are two options to proceed:
o that existing tenant and all online services ordered ur a new tenant or associate with an alternative existing t hey are aware of the implications. Processing will rema le Tenant Information Excel File?
le Registration ID?
lose 25 countries no.
VL essential data: Organization registration number and contact middle name (microsoft.com) he Tenant ID Name in the CPS. Due to system limitations, there is a 100 character limit to each nt
t
ent M130/H21/M423/M459/ Add Tenant form to be valid
;nature form)
ient created will be linked to the existing tenant 0SM, meaning no email activation will be sent. r with your contract package.
jrm does not require signature form)
ider that enrollment(s) will be automatically provisioned to that tenant. :enant if preferred).
iin on hold until you confirm.
ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: July 8, 2025
SUBJECT: Contribution Agreement with Bakersfield American Indian Health Project (BAIHP) ($250,000) to provide match funds in support of application for Behavioral Health Continuum Infrastructure Program (BHCIP) Round 1 Bond funding RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
On July 22, 2021, a settlement was announced in multi-district federal litigation based in Ohio against opioid manufacturers and distributors, totaling $26 billion. Although the City did not participate in the lawsuit, the City had the opportunity to receive settlement funds not to exceed $3.3 million.
In 2022, settlement agreements were announced with three pharmacy chains (CVS, Walgreens, and Walmart) and two manufacturers (Allergan and Teva), requiring all chains and manufacturers to pay $18.5 billion to cities, counties, and states over the course of 15 years.
The City received $1.56 million from the 2022 and 2023 National Opioid Settlement Agreements and desires to allocate these funds in accordance with the High Impact Abatement Strategies, Core Strategies, and Approved Uses, outlined by the California Department of Health Care Services (DHCS).
The Bakersfield American Indian Health Project (BAIHP) submitted an application for the Behavioral Health Continuum Infrastructure Program Bond 1 Grant (BHCIP) to establish a Behavioral and Mental Health Urgent Care, Community Wellness Center, Community Mental Health Clinic, and an Outpatient Treatment Center for substance use disorders in Kern County. The proposed project would create 25 outpatient slots and provide critical health care services to the underserved areas of Kern County.
In support of the BAIHP’s proposed project, the City committed to contribute $250,000 if awarded in opioid settlement funds to the project’s match requirement.
FISCAL IMPACT:
$250,000 in Opioid Settlement Funds
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
Agreement
Letter of Support
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 of 4 Updated – October 29, 2024
AGREEMENT NO. ___________________
CONTRIBUTION AGREEMENT
[Over $100,000]
This CONTRIBUTION AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and BAKERSFIELD AMERICAN INDIAN HEALTH PROJECT (BHAIP), a nonprofit corporation authorized to do business in California (referred to herein as “RECIPIENT”).
R E C I T A L S
WHEREAS, on July 22, 2021, a settlement was announced in multi-district federal litigation based in Ohio against opioid manufacturers and distributors, totaling $26 billion; and
WHEREAS, CITY received $1.56 million from the 2022 and 2023 National Opioid Settlement Agreements (settlement funds); and
WHEREAS, CITY desires to allocate these settlement funds in accordance with the High Impact Abatement Strategies, Core Strategies, and Approved Uses provided by the California Department of Health Care Services (DHCS); and WHEREAS, RECIPIENT submitted an application for the Behavioral Health Continuum Infrastructure Program Bond 1 Grant to establish a Behavioral and Mental Health Urgent Care, Community Wellness Center, Community Mental Health Clinic, and an Outpatient Treatment Center for substance use disorders in Kern County (“Project”); and
WHEREAS, the proposed Project would create twenty-five outpatient slots to provide health care services for those in rural or remote areas of Kern County; and
WHEREAS, RECIPIENT’s application was approved and requires a $250,000 match; and
WHEREAS, CITY fully supports RECIPIENT’s proposal and has committed to contribute $250,000 in settlement funds to the Project’s match requirement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and RECIPIENT have reached the following mutual understandings:
1. CONTRIBUTION. CITY shall make a one-time contribution to RECIPIENT of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) to be used as a match requirement for the Project. Said funds shall be paid upon receipt of invoice from RECIPIENT and this fully executed Agreement.
Docusign Envelope ID: 2825C856-86C2-409D-AF20-E6ED139B33D8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 of 4 Updated – October 29, 2024
2. 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.
3. 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 writing and signed by all the parties. If any modification of this Agreement results in total compensation that exceed Two Hundred Fifty Thousand Dollars ($250,000), such modification must be approved by the City Council.
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.
5. 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 actions, 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.
6. 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.
7. COMPLIANCE WITH ALL LAWS. RECIPIENT shall, at RECIPIENT’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.
8. 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.
Docusign Envelope ID: 2825C856-86C2-409D-AF20-E6ED139B33D8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 of 4 Updated – October 29, 2024
9. COUNTERPARTS. This Agreement may be executed simultaneously or in one (1) or more counterparts, each of which shall be deemed an original but all of which together constitute one (1) and the same instrument.
10. EQUIPMENT. RECIPIENT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
11. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
12. FURTHER ASSURANCES. Each party will 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.
13. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and its performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
14. INDEMNITY. RECIPIENT shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by RECIPIENT or RECIPIENT’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.
15. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with RECIPIENT or associate in any such relationship with RECIPIENT by reason of the provisions of this Agreement. RECIPIENT shall not for any purpose be considered an agent, officer, or employee of CITY.
16. 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:
Docusign Envelope ID: 2825C856-86C2-409D-AF20-E6ED139B33D8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 of 4 Updated – October 29, 2024
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
RECIPIENT: BAKERSFIELD AMERICAN
INDIAN HEALTH PROJECT
501 40th Street
Bakersfield, California 93301
17. TAX NUMBERS.
RECIPIENT’s Federal Tax ID Number .
RECIPIENT is a corporation? Yes No
(Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “RECIPIENT”
CITY OF BAKERSFIELD BAKERSFIELD AMERICAN INDIAN
HEALTH PROJECT (BAIHP)
By:________________________________ By:_________________________________
KAREN GOH ANGEL GALVEZ
Mayor Chief Executive Officer
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By:_______________________________
JENNIFER M. BYERS
Economic and Community
Development Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
VIRGINIA GENNARO
City Attorney
COUNTERSIGNED:
By:_______________________________
RANDY MCKEEGAN
Finance Director
VG/blf
S:\Economic&CommunityDevelop\Agr\24-25\BAIHP_Contribution Agreement.docx Docusign Envelope ID: 2825C856-86C2-409D-AF20-E6ED139B33D8 Certificate Of Completion
Envelope Id: 2825C856-86C2-409D-AF20-E6ED139B33D8 Status: Completed Subject: Complete with Docusign: BAIHP_Contribution Agreement.pdf Source Envelope:
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[email protected]
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Status: Original
7/2/2025 10:17:45 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
Angel Galvez
[email protected]
Manuel Angel Galvez
BAIHP
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Electronic Record and Signature Disclosure:
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ID: b94e356f-541f-474c-9d40-9834b4fda711
Jennifer M. Byers
[email protected]
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(None)
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Sent: 7/7/2025 11:35:34 AM
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Signed: 7/7/2025 11:37:08 AM
Electronic Record and Signature Disclosure:
Accepted: 5/26/2023 10:13:24 AM
ID: ab9ab9e6-74d8-43a0-b6e5-e1f3271042ea
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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: Angel Galvez, Jennifer M. Byers
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Mayor Karen K. Goh
City of Bakersfield
Office of the Mayor | 1501 Truxtun Avenue | Bakersfield, CA 93301 (661) 326-3770 | [email protected]
Secretary Kim Johnson
California Health and Human Services Agency
1215 O Street
Sacramento, CA 95814
Re: Culturally Responsive Behavioral Health Care in Kern County, California Dear Secretary Johnson:
I am writing to express support for the Bakersfield American Indian Health Project’s (BAIHP) application for the Behavioral Health Continuum Infrastructure Program Bond 1 Grant.
As of 2022, Kern County has 18,603 Native American residents. Of this population, 64% live within ten miles of the proposed project. Currently, the closest Title 1 tribally owned health center is sixty-five miles away from the City of Bakersfield. This distance is a significant barrier to care, particularly for those in rural and remote areas in Kern County.
This grant will allow BAIHP to establish a Behavioral and Mental Health Urgent Care, Community Wellness Center, Community Mental Health Clinic, and an Outpatient treatment center for substance use disorders. These add screening, assessment, crisis intervention, referral, treatment and culturally relevant services for adults and youth. The proposed clinic results in twenty-five outpatient slots that would provide care for 6,125 individuals annually.
BAIHP’s mission aligns with the county’s critical need for accessible culturally responsive behavioral health care. By 2023, the organization plans to meet 76% of the primary care demand in their service area. BAIHP has already demonstrated its ability to meet community needs. Year to date, the organization has served 425 unique individuals, totaling 6,297 encounters. BAIHP currently provides 6.2% of the Native American market share for behavior health visits from within Kern County.
The City of Bakersfield fully supports the BAIHP’s proposal and has committed to contribute $250,000 in opioid settlement funds to the project’s match requirement should the grant be awarded. The success of this project will bring vital comprehensive services to Native American communities in Kern County and beyond.
Sincerely,
Karen K. Goh
Mayor, City of Bakersfield
ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: June 30, 2025
SUBJECT: Agreement with Employers Training Resource (not to exceed $296,201) for Workforce Development and Economic Opportunities Plan.
(Ward 1,2,3)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
In 2023, the City of Bakersfield applied for a Transformative Climate Communities (TCC) grant from the California Strategic Growth Council (SGC). In partnership with local organizations and the community, the Southeast Strong initiative was created. It consists of projects and programs focused in Southeast Bakersfield, an area of the City with some of the most disadvantaged census tracts in the State of California as determined by CalEnviroScreen 4.0. This initiative is aimed at making capital improvements within the area to address underinvestment and to bring new opportunities to southeast residents.
Proposed improvements include new affordable housing, urban greening, bicycle and pedestrian transportation improvements, energy efficiency improvements for low-income homeowners, and support programs.
On March 10, 2025, the City entered into Agreement No. SGC23129 with SGC for the TCC grant in the amount of $22,125,000 for the Southeast Strong initiative. Funds will be used to support multiple revitalization projects and programs for Southeast Bakersfield.
The Southeast Strong Workforce Development and Economic Opportunities Plan (WDEOP) will tie proposed programs and projects with residents to create a synergy around investing in the TCC focus area. The City will partner with four agencies to execute the WDEOP. Cohesively, the partners in the WDEOP will facilitate meaningful dialogue and connection with residents to ensure programs and projects impact the livelihood of residents in the focus area. The agreement would award the Kern County Employers’ Training Resource (KCETR) $296,201 in TCC funds for the WDEOP.
FISCAL IMPACT:
No fiscal impact on the General Fund.
COUNCIL GOAL:
Economic Opportunity for All
Community Character & Quality of Life
Reliable Infrastructure
WARDS: 1, 2 and 3
ATTACHMENT:
Agreement
TCC Agreement (Kern County Employers’ Training Resource)
AGREEMENT NO. _________________
TRANSFORMATIVE CLIMATE COMMUNITIES AGREEMENT WITH
KERN COUNTY EMPLOYERS’ TRAINING RESOURCE
This AGREEMENT is made and entered into on ________________, by and between CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY" herein) and KERN COUNTY EMPLOYERS’ TRAINING RESOURCE, a department of the County of Kern, a political subdivision of the State of California (“SUBRECIPIENT” and/or “ETR” herein). CITY and SUBRECIPIENT are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, the California Legislature appropriated $160 million from the general fund in fiscal year 2022/2023 to support the Transformative Climate Communities Grant Program (“TCC” herein) administered by the Strategic Growth Council (“SGC” herein) in partnership with the California Department of Conservation; and
WHEREAS, on March 8, 2023, the SGC released a Notice of Funding Availability (“NOFA” herein) for eligible applicants to apply for up to $99.2 million in TCC funds, inclusive of $88,500,000 to be made available for implementation grants; and
WHEREAS, on August 1, 2023, CITY submitted an application for TCC funds for what is referred to as the Southeast Strong Initiative (herein “PROJECT”), which plans to fund multiple improvement projects in Southeast Bakersfield; and WHEREAS, on December 14, 2023, the SGC awarded CITY $22,125,000 in TCC funds for implementation of the PROJECT; and
WHEREAS, on March 10, 2025, CITY entered into a Grant Agreement with the SGC which established CITY as Lead Grantee for the $22,125,000 TCC grant funds and identifies CITY as the responsible entity for compiling and submitting all invoices and reporting documents to the SGC related to the PROJECT; and WHEREAS, CITY intends to designate several subrecipients to assist with implementation of the PROJECT; and
WHEREAS, SUBRECIPIENT has been identified to serve as one of the several entities responsible for the PROJECT’s Workforce Development and Economic Opportunities Plan.
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBRECIPIENT mutually agree as follows:
1. SCOPE OF WORK. SUBRECIPIENT shall be responsible for administering the Workforce Development and Economic Opportunities Plan, as provided in Exhibit “A”, attached hereto and incorporated by reference herein, in a manner satisfactory to CITY (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task SUBRECIPIENT has been hired to perform, specifically included in the Scope of Work. CITY agrees to make grant funds available to SUBRECIPIENT for administration and reporting of Program Activities as provided in Exhibit “A”.
2. COMPENSATION. Compensation for all work, services, or products called for under this Agreement shall consist of a reimbursement payment(s) NOT TO
EXCEED TWO HUNDRED EIGHTY-SIX THOUSAND TWO HUNDRED ONE DOLLARS ($286,201.00).
CITY will pay SUBRECIPIENT within thirty (30) days after SUBRECIPIENT 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 SUBRECIPIENT for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. In no case will CITY compensate SUBRECIPIENT more than $286,201.00 for performing the Scope of Work. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the Parties.
2.1 Resource Allocation of Funds. CITY shall not be obligated to disburse or pay SUBRECIPIENT any funds until and after CITY receives funds from the appropriate governmental source(s). If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to SUBRECIPIENT until CITY receives such funds.
SUBRECIPIENT shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if SUBRECIPIENT has detrimentally relied upon this Agreement.
2.2 Reimbursement Payments. CITY agrees to reimburse "claims for payment" directly to SUBRECIPIENT within thirty (30) days after CITY receives a satisfactory "claim for payment." SUBRECIPIENT shall use the monthly invoicing template attached hereto as Exhibit “B” and incorporated by reference herein, to properly itemize and document claims for payment to show clearly the items, tasks, or services for which SUBRECIPIENT claims reimbursement setting forth actual expenditures of SUBRECIPIENT in accordance with this Agreement. ///
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
SUBRECIPIENT shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may refuse to pay any claim until explained to CITY's reasonable satisfaction.
2.2.1 SUBRECIPIENT shall not be reimbursed or otherwise compensated for any expenditures incurred or services
provided prior to the Effective Date, or following the earlier of the expiration or termination of this Agreement. CITY shall only reimburse SUBRECIPIENT for documented expenditures
incurred during the Agreement Term that are: (i) reasonable and necessary to carry out the services described in Exhibit “A;” (ii) documented by contracts or other evidence of liability consistent with established CITY and SUBRECIPIENT procedures; and (iii) incurred in accordance with all applicable
requirements for the expenditure of funds payable under this Agreement.
3. TERM. The term of this Agreement shall commence on the date of execution as indicated above, and end on June 30, 2028, unless terminated earlier as provided herein.
4. TERMINATION OF AGREEMENT. Each party reserves the right to terminate this Agreement upon giving the other party notice of intention to terminate at least thirty (30) days prior to the effective date of the termination. CITY shall only convey to SUBRECIPIENT funds for work done prior to the effective date of termination.
5. COMPLIANCE WITH ALL LAWS. SUBRECIPIENT shall, at SUBRECIPIENT’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:
5.1. Federal Laws. SUBRECIPIENT shall obey all federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration applicable to the PROJECT. SUBRECIPIENT shall become familiar with the appropriate statutes, regulations, and guidelines governing the PROJECT.
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Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
5.2. Prevailing Wage. If applicable SUBRECIPIENT shall pay prevailing wages to all workers employed on public works projects, as defined by California Labor Code. Upon request by CITY, when required per the California Labor Code, SUBRECIPIENT must submit to CITY proof of Department of Industrial Relations (DIR) registration of the PROJECT.
5.3. Local Laws. All municipal codes and CITY regulations apply to this Agreement and SUBRECIPIENT performing the work. Permits must be obtained from CITY, including, but not limited to, the Building, Planning and/or Public Works Departments for all work requiring permits. Reimbursement payments will not be processed until all code or permit compliance has been completed by SUBRECIPIENT and approved by CITY.
5.4. City Tax Certificate. SUBRECIPIENT shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
5.5. Nondiscrimination. SUBRECIPIENT shall not discriminate or segregate against any person or group of persons on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran statusy in the performance of this Agreement or use of the property.
5.6. Miscellaneous. SUBRECIPIENT shall comply with all applicable programmatic requirements as required from the State of California in the implementation of the TCC program. Those requirements are stated in Standard Agreement No. SGC23129 between CITY and the State of California, as listed in Exhibit “C” attached hereto and incorporated by reference herein. Nothing in this Agreement shall be construed to require SUBRECIPIENT to comply with CITY obligations as stated within Exhibit “C.”
6. REPORTING REQUIREMENTS. SUBRECIPIENT shall provide CITY with the following Metrics/Reporting items on a monthly basis, starting upon execution of this Agreement, in a format and method to be specified by the SGC. Items to be reported on are shown in Exhibit “D” attached hereto and incorporated by reference herein. In addition, SUBRECIPIENT will submit an annual report documenting progress in meeting program objectives as described in Exhibit “E” attached hereto and incorporated by reference herein.
6.1. Close-Outs. SUBRECIPIENT's obligation to CITY shall not end until all close-out requirements are completed. Activities during this close-out Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. Final payment request(s) under this Agreement must be received by Recipient no later than thirty (30) days from the earlier of the expiration date or termination date of this Agreement. No payment request will be accepted by Recipient after this date without authorization from Recipient.
6.2. Audits and Inspections. All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the State of California, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by SUBRECIPIENT within thirty (30) days of receipt. Failure of SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to have an annual audit conducted at CITY’s request.
6.2.1. SUBRECIPIENT must maintain copies of PROJECT records during the grant term and for four (4) years following the termination of the Agreement. The State of California retains the right to conduct an audit each year during the grant term and up to four (4) years after the grant term.
7. LOBBYING. SUBRECIPIENT certifies that no TCC grant funds will be paid by or on behalf of SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any local, state, or federal agency or office, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress.
8. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of SUBRECIPIENT as an independent contractor. SUBRECIPIENT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with SUBRECIPIENT other than that of an independent contractor.
9. MUTUAL INDEMNITY. SUBRECIPIENT shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by SUBRECIPIENT, Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
SUBRECIPIENT'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. This provision shall survive the expiration or termination of this Agreement.
CITY shall indemnify, defend, and hold harmless SUBRECIPIENT, its officers, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CITY, CITY'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 SUBRECIPIENT’s sole active negligence or willful misconduct. This provision shall survive the expiration or termination of this Agreement.
10. INSURANCE.
10.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, SUBRECIPIENT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
10.2. Automobile liability insurance, providing coverage for owned, nonowned, 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.
10.3. Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:
10.3.1. Provide contractual liability coverage for the terms of this Agreement; and
10.3.2. Provide products and completed operations coverage; and
10.3.3. Provide premises, operations, and mobile equipment coverage; and
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
10.3.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
10.4. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure payment of compensation to his employees. Pursuant to Labor Code Section 1861, SUBRECIPIENT 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 selfinsurance 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, SUBRECIPIENT 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.
10.5. General Provisions Applying to All Insurance Types.
10.5.1. All policies required of SUBRECIPIENT must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
SUBRECIPIENT 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.
10.5.2. All policies required of SUBRECIPIENT 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 SUBRECIPIENT’s
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
insurance and must not contribute with it.
10.5.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.
10.5.4. 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.
10.5.5. Full compensation for all premiums which the SUBRECIPIENT 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.
10.5.6. It is further understood and agreed by SUBRECIPIENT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
SUBRECIPIENT in connection with this Agreement.
10.5.7. 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 SUBRECIPIENT, and all subcontractors must agree in writing to be bound by the provisions of this
section.
10.6. SUBRECIPIENT will provide the above stated coverages by way of self-insurance through the County of Kern, and will represent and warrant that:
10.6.1. It agrees to the insurance requirements as stated herein;
10.6.2. It will maintain a minimum reserve not less than one Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
hundred and twenty-five percent (125%) of the amount of self-insurance coverage as specified above in excess of all known claims filed against the self-insurance fund of the County of Kern; and
10.6.3. The reserve is fully funded; and
10.6.4. No federal funds awarded or allocated under this agreement will be called upon to fund any losses resulting from any claims made pursuant to this Agreement.
11. SUBCONTRACTS. SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such contract.
11.1. SUBRECIPIENT will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
11.2. SUBRECIPIENT shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
11.3. SUBRECIPIENT shall undertake to ensure all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to CITY along with documentation concerning the selection process.
12. CONCURRENT REMEDY. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise and may be enforced concurrently therewith or from time to time.
13. 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 Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
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 DIR.
14. ACCOUNTING RECORDS. SUBRECIPIENT 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 SUBRECIPIENT’s office during the term of this Agreement, and for a period of four (4) years from the date of the final payment hereunder and said records shall be made available to CITY representatives upon request at any time during regular business hours.
15. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the Parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose
16. 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.
17. CONFLICTS OF INTEREST. SUBRECIPIENT stipulates that corporately, or individually, SUBRECIPIENT, its employees and sub-recipient agencies have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement.
18. 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.
19. DIRECTION. SUBRECIPIENT retains the right to control or direct the manner in which the services described herein are performed.
20. EQUIPMENT. SUBRECIPIENT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
21. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, and all Parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
22. 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.
23. 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.
24. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
25. KEY PERSONNEL. At request of CITY, SUBRECIPIENT shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved SUBRECIPIENT shall not change such personnel without the approval of CITY.
26. LICENSES. SUBRECIPIENT 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 SUBRECIPIENT to practice its profession.
27. MERGER AND MODIFICATION. All prior agreements between the Parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the Parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The Parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the Parties.
28. NON-INTEREST. No officer or employee of CITY shall hold any interest in this Agreement (California Government Code section 1090).
29. 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 depositing in the United States mail. The Parties shall be addressed as follows, or at any other address designated by notice.
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
CITY: City of Bakersfield
Economic and Community
Development Department
1600 Truxtun Avenue
Bakersfield, California 93301
SUBRECIPIENT: Brandon J. Evans,
Chief Workforce Development Officer
Kern County Employers’ Training Resource
1600 E. Belle Terrace
Bakersfield, CA 93307
30. 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.
31. REMEDIES. If SUBRECIPIENT is in default of this Agreement, or any terms of the Grant Application, CITY may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy CITY may have in law or equity:
31.1. Withhold payment of grant funds and/or issuance of building permits or performance of inspections related to the PROJECT.
31.2. Seek reimbursement of all dispersed grant funds related to the PROJECT, except for services rendered and approved expenses incurred.
31.3. Disallow future grant funds to SUBRECIPIENT.
32. STARTING WORK. SUBRECIPIENT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by SUBRECIPIENT and CITY.
33. SEVERABILITY. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
34. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify SUBRECIPIENT of third-party claims relating to this contract. CITY shall be allowed to recover from SUBRECIPIENT, and SUBRECIPIENT shall pay on demand, all costs of notification.
///
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Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
35. FORCE MAJEURE. In addition to specific provisions of this Agreement, a party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, or litigation (any of the foregoing, “Force Majeure”). An extension of time for such cause may be mutually agreed upon by the Parties hereunder for the period of the enforced delay or longer.
36. AMENDMENT. Any amendment to this Agreement, including to the Approved Services and the Approved Budget, shall be reduced to writing, signed by an authorized representative of each party, and attached to this Agreement.
37. 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.
38. TITLE TO DOCUMENTS. All documents, plans and drawings, maps, photographs and other papers, or copies thereof prepared by SUBRECIPIENT pursuant to the terms of this Agreement shall, upon preparation, become the property of CITY.
39. TAX NUMBERS.
"SUBRECIPIENT's" Federal Tax Identification No. 95-6000925. "SUBRECIPIENT" is a corporation? Yes No X .
(Please check one.)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first-above written.
"CITY" "SUBRECIPIENT"
CITY OF BAKERSFIELD KERN COUNTY
EMPLOYERS’ TRAINING RESOURCE
By: _________________________ By: ________________________________ KAREN GOH BRANDON J. EVANS
Mayor Chief Workforce
Development Officer
(Additional Signatures on Following Page)
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 TCC Agreement (Kern County Employers’ Training Resource)
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By: _________________________
JENNIFER M. BYERS
Economic and Community
Development Director
APPROVED AS TO FORM:
By: _________________________ By: _________________________
VIRGINIA GENNARO KATHLEEN RIVERA
City Attorney Chief Deputy County Counsel
Insurance: ____________
COUNTERSIGNED:
By: _________________________
RANDY MCKEEGAN
Finance Director
VG/blf
S:\Economic&CommunityDevelop\Agr\24-25\TCC Kern ETR WDEOP Agreement.docx Attachments: Exhibit "A” Exhibit "D”
Exhibit "B” Exhibit “E”
Exhibit "C”
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 A-1
EXHIBIT "A"
Scope of Work
Workforce Development and Economic Opportunities Plan– Kern County Employers’ Training Resource
Scope of Work
Project Description: Kern County Employers’ Training Resource (ETR) will implement aspects of the Workforce Development and Economic Opportunities Plan. This project will mobilize opportunities for residents in the area through enhanced access to job training programs, including construction industry trades, basic job skills training, and connection with contracting opportunities through TCC. The plan aims to provide pathways to quality jobs which meet residents’ basic needs and provide opportunities for economic mobility.
The plan involves targeted advertising through flyers, web, and other media to connect at least fifty (50) TCC-area residents with workforce development services offered by Kern County Employers' Training Resource (ETR). These services include On-the-Job Training (OJT), Transitional Jobs Training (TJT), and vocational training. ETR will participate in the Workforce Development Working Group alongside local partners to coordinate grant-related activities and attend community outreach events in Southeast Bakersfield, including hosting two (2) training provider resource fairs. Residents who respond to outreach will be assessed and referred to appropriate services. Goals include enrolling nine individuals into approved training programs, eight into TJT with classroom instruction, and placing five (5) into paid OJT roles with local businesses.
Additionally, ETR aims to provide at least five job placements after training and four following TJT.
Project Workplan/Project Timeframe: Based on the scope of work, eligible activities, deliverables, and timelines will be as follows:
Task Deliverables Timeline Grant Funds Leverage
Task 3: Facilitate Workforce Development Program
A) Conduct direct
advertising, including
flyers, web-based,
and other types of
advertising that
would conform to
the budget to TCC
resident job seekers
seeking training or
other Workforce
Development
services. The
advertisements
A) Tracker of replies
received and ETR's
response
Month 1 -
Project
Completion
Period
$286,201.00 $164,846.00
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 A-2
would provide the
services that Kern
County Employers'
Training Resource
offers, including, but
not limited to, Onthe-Job training,
Transitional Jobs
Training and
Vocational training.
Reach a target of 50
people.
B) Participate on the
Workforce
Development
Working Group
(including City of
Bakersfield, Kern
County Employers'
Training Resource,
Kern Community
College District,
Mission Community
Services Corporation
dba Kern Women's
Business Center, and
Kern County Black
Chamber of
Commerce) as the
Local Workforce
Development Area
(LWDA) to
coordinate and
partner in grant
activities.
B) Documentation of
meetings including:
1) Agenda and minutes
2) Orientation Materials
3) Summary of times,
locations, and
attendees
C) Participate in
community outreach
events in Southeast
Bakersfield.
Hold 2 ETR/AJCC
Training Provider
Resource Fairs and
table at other
community events
held in SE Bakersfield
throughout the grant
period.
C) Summary of
outreach activity and
log of residents
reached.
D) Assess TCC area
residents responding
to ads for workforce
services including
occupational
training and refer to
services.
D)Track respondents
and record referrals
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 A-3
E) Enroll 9 residents
into the Eligible
Training Provider List
(ETPL) or similar
competitively
procured
subcontracted
training programs.
Provide 5 job
placement services
post-training.
E) Summary of training
curriculum provided,
trainee completion rates
[55% target], and Job
placement
documentation
including name,
company, and date
effective
F) Enroll 8 residents
into Transitional Jobs
Training (TJT) paid
work-based
experience program
with some classroom
training, using
contracted
providers. Provide 4
job placement
services posttraining.
F) Summary of training
curriculum provided,
trainee completion rates
[50% target], and Job
placement
documentation
including name,
company, and date
effective
G) Place 10 residents
into a paid job at a
business via a Onthe-Job Training
(OJT) contract,
targeting and
prioritizing employers
in the TCC area.
G) Job placement
documentation
including name,
company, and date
effective
Budget Narrative: As part of the Workforce Development and Economic Opportunities Plan, ETR will receive TWO HUNDRED AND EIGHTY-SIX THOUSAND TWO HUNDRED AND ONE ($286,201.00) to complete their deliverables for the Workforce Development and Economic Opportunities Plan. A summary budget is as follows:
COST
CATEGORY
COST DESCRIPTION COST PER
UNIT ($)
UNITS TOTAL
PROJECT
COST
TOTAL TCC
GRANT
FUNDS
TOTAL
LEVERAGE
Direct
Costs
Program
Technician
$23.00 3191 $73,393.00 $72,772.00 $621.00
Direct
Costs
Chief Workforce
Development
Officer
$128.00 123 $15,744.00 $15,744.00
Direct
Costs
Assistant Director of
Workforce
Development
$74.00 279 $20,646.00 $20,646.00
Direct
Costs
CAO Manager $69.00 141 $9,729.00 $9,729.00
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 A-4
Direct
Costs
Workforce
Development
Program Manager
$44.00 440 $19,360.00 $19,360.00
Direct
Costs
Senior Workforce
Development
Analyst
$42.00 297 $12,474.00 $12,474.00
Direct
Costs
Senior Accountant $47.00 432 $20,304.00 $20,304.00
Direct
Costs
Contract
Administrator
$42.00 729 $30,618.00 $30,618.00
Direct
Costs
Senior Accountant $48.00 144 $6,912.00 $6,912.00
Direct
Costs
Senior Workforce
Development
Analyst
$45.00 147 $6,615.00 $6,615.00
Direct
Costs
Marketing and
Promotions
Coordinator
$37.00 299 $11,063.00 $11,063.00
Direct
Costs
Administrative
Coordinator
$36.00 226 $8,136.00 $8,136.00
Direct
Costs
Senior Accountant $43.00 186 $7,998.00 $7,998.00
Direct
Costs
Senior Accountant $41.00 217 $8,897.00 $8,897.00
Direct
Costs
Program Support
Supervisor
$39.00 241 $9,399.00 $9,399.00
Direct
Costs
Job Developer II $34.00 751 $25,534.00 $25,534.00
Direct
Costs
On-the-Job
Training (50%
match employers)
$9,445.00
5 $47,225.00 $47,225.00
Direct
Costs
Transitional Jobs 13
weeks
(subcontractor)
$9,000.00
8 $72,000.00 $72,000.00
Direct
Costs
Training (various
subcontractors) $5,000.00
9 $45,000.00 $45,000.00
Total $451,047.00
Invoicing Process: ETR shall submit monthly invoices for all costs incurred within the previous two-month cycle for all cost related to the program’s implementation.
Invoices shall be submitted using Exhibit “B” or an approved equivalent and shall provide all necessary backup documentation verifying the costs incurred, including, but not limited to timesheets, invoices, and purchase orders. ETR, and all subcontractors, shall maintain all records for a period of four years after completion of the project. All invoices shall be submitted by the 10th day of the month following the completion of the monthly invoice period for which costs were incurred, and reimbursement is being requested.
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 A-5
Reporting Requirements: ETR agrees to submit monthly progress to support the CITY’s ongoing efforts to report all expenditure and reporting progress to the Strategic Growth Council and the Department of Conservation, as well as information for the annual reporting of objectives as stated in Exhibit “D” and Exhibit “E”.
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 B-1
EXHIBIT "B"
MONTHLY INVOICE FORM
[TO BE PRINTED ON GRANTEE LETTERHEAD]
Date:
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - MONTHLY INVOICE SUMMARY
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates:[START
DATE] [END DATE]
Authorized Signatory: (Name) (Position)
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature: Date:
TCC Grant Element Amount
Grantee Costs
Project #1
Project #2
Project #3
Project #4
Project #5
Project #6
Project #7
Project #8
Community Engagement Plan
Displacement Avoidance Plan
Workforce Development and Economic Opportunities
Plan
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 B-2
Indicator
Tracking
Plan
TOTAL to be reimbursed this Period $-
Advance Pay Deduction
Total Reimbursement Requested $-
Total Budget
Total Invoiced to Date
Amount Remaining $-
Advance Pay Summary
Advance
Received
Advance
Balance
Current
Invoice Total
Amount Paid
Via Invoice
Remaining
Advance
Balance
Interest
Earned
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 B-3
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - INVOICE DETAIL
Complete this form for Grantee Costs, Funded Projects, Indicator Tracking Costs and Transformative Plans.
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates: [START
DATE] [END DATE]
[Insert Grantee Costs, Indicator Tracking, TCC
Project # and Name, or Transformative Plan
Name] Lead Entity: [Insert name]
TASK Cost
Description/Category Amount
Supporting
Documentation/Page
#
1 Subtotal $-
2 Subtotal $-
3 Subtotal $-
4 Subtotal $-
Travel
Subtotal $-
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 B-4
Equipment
Subtotal $-
Indirect/Overhead
Subtotal $-
SUBTOTAL FOR THIS
PERIOD $-
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 C-1
EXHIBIT "C"
Program Requirements
SUBRECIPIENT shall comply with all municipal, state, and federal laws now in force, or which may hereafter be in force, pertaining to this Agreement, specifically including but not limited to the following, if applicable:
➢ SCOPE OF WORK: Exhibit A of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council ➢ BUDGET AND SCHEDULE OF DELIVERABLES: Exhibit B of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ SPECIAL TERMS AND CONDITIONS: Exhibit C of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ TCC PROJECT AREA MAP: Exhibit D-1 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council ➢ TRANSFORMATIVE PLANS SUMMARY: Exhibit D-2 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council (to be inserted with transformative plans)
➢ INVOICING AND REPORTING TEMPLATES: Exhibit D-3 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ INDICATOR TRACKING TABLES: Exhibit D-4 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-5 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ AUTHORIZED SIGNATORY TEMPLATE: Exhibit D-6 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-7 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 C-2
➢ TCC GRANTEE PUBLICITY GUIDELINES: Exhibit D-8 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ TCC PARTNERSHIP AGREEMENT: Exhibit D-9 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CERTIFICATE OF COMPLIANCE WITH RUSSIAN SANCTIONS: Exhibit D-10 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
(Copies of the above provided upon request)
_________________________________________________
SUBRECIPIENT’s Acknowledged Review
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 D-1
EXHIBIT "D"
MONTHLY REPORTING FORM
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature: Date:
1. Summarize the administrative work (Grantee Direct and Indirect/Overhead Costs) completed by the Grantee during the reporting period:
Grantee Activities Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) • Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
2. Summarize the work completed during reporting period. Insert one table for each Funded Project and Transformative Plan.
[INSERT NAME OF FUNDED PROJECT OR PLAN] Lead Entity: [INSERT] Tasks Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 D-2
[INSERT Task # and Name] $
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
3. Summarize the Indicator Tracking work completed during the reporting period:
[INSERT ITP 1 or 2] Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
Total $
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 E-1
EXHIBIT "E"
ANNUAL REPORTING FORM
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
ANNUAL PROGRESS REPORT
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement. By signing this progress report, I also certify the information provided in the following annual deliverables:
• Annual Leverage Funding Report
• Annual Equipment Inventory Record
Signature: Date:
Please respond to the following questions in 1-3 paragraphs, or with clear bullet points:
Success Stories and Lessons Learned
1. Summarize the major grant milestones completed in the last year.
2. Please share any other success stories from the Project Area, and provide links to related media, as applicable.
3. Describe any “lessons learned” in this past year. Specifically highlight any lessons that may help current grantees, future applicants, or the State, in continued implementation of the projects, and program, respectively.
Challenges and Areas for Improvement
For each question below, please elaborate on: a) steps that the Grantee or Partners are taking to improve, or b) actions or assistance needed from the State, as applicable.
4. Discuss any challenges experienced while implementing the grant.
5. Describe any issues faced when working with the technical assistance providers and/or program evaluation consultants.
6. Describe any concerns related to administering the grant and/or working with the State.
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 E-2
Leverage Projects
7. Summarize each Leverage Project’s milestones and deliverables completed in the last year.
8. Summarize the leverage projects that have not met their planned milestones or timelines for the year. Describe the adjusted new timeline.
9. Describe any challenges and/or issues faced with implementing or monitoring standalone leverage projects.
Additional TCC-Related Investments
List any new, additional investments generated by the TCC grant or extended leverage commitments adopted after TCC grant execution. Only include additional leverage funding that was not originally included in the grant agreement.
Leverage
Project or
New
Investment
Funding Source New Amount
Committed ($)
Dates
Committed
Description of
Project or New
Investment
(include
reference links,
if available)
Docusign Envelope ID: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 Certificate Of Completion
Envelope Id: E57FB2A2-C43A-46AD-AFB3-1D0265F33C91 Status: Completed Subject: Complete with Docusign: TCC Kern ETR WDEOP Agreement.pdf, 24-25 Kern County State of Self-Insur...
Source Envelope:
Document Pages: 30 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 1 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
6/25/2025 10:12:19 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
Kathleen Rivera
[email protected]
Chief Deputy County Counsel
County of Kern
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.78.224.183
Sent: 6/25/2025 11:11:35 AM
Resent: 6/25/2025 11:12:20 AM
Viewed: 6/25/2025 11:12:37 AM
Signed: 6/25/2025 11:14:09 AM
Electronic Record and Signature Disclosure:
Accepted: 6/25/2025 11:12:37 AM
ID: f75259c2-c99c-4444-9a8b-e8ff7421d131
Jennifer M. Byers
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 7/1/2025 11:11:20 AM
Viewed: 7/1/2025 11:12:17 AM
Signed: 7/1/2025 11:12:28 AM
Electronic Record and Signature Disclosure:
Accepted: 5/26/2023 10:13:24 AM
ID: ab9ab9e6-74d8-43a0-b6e5-e1f3271042ea
Brandon J. Evans
[email protected]
CWDO
Employers' Training Resource
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.78.224.183
Sent: 7/1/2025 11:30:58 AM
Viewed: 7/1/2025 1:51:07 PM
Signed: 7/1/2025 1:51:48 PM
Electronic Record and Signature Disclosure:
Accepted: 7/1/2025 1:51:07 PM
ID: 06d9315d-c770-4558-846b-1f15b89ffc8e
Jena Covey
[email protected]
RISK MANAGER
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 7/1/2025 11:12:30 AM
Resent: 7/1/2025 1:51:50 PM
Viewed: 7/2/2025 11:09:33 AM
Signed: 7/2/2025 11:11:36 AM
Electronic Record and Signature Disclosure:
Accepted: 7/2/2025 11:09:33 AM
ID: 55ee403e-24a4-48e4-8376-f085fc88c162
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 6/25/2025 11:11:35 AM
Envelope Updated Security Checked 6/25/2025 11:12:15 AM Envelope Updated Security Checked 6/25/2025 2:25:02 PM
Envelope Updated Security Checked 6/25/2025 2:25:02 PM
Envelope Updated Security Checked 6/25/2025 2:25:02 PM
Envelope Updated Security Checked 7/1/2025 11:11:20 AM
Envelope Updated Security Checked 7/1/2025 11:11:20 AM
Envelope Updated Security Checked 7/1/2025 11:30:57 AM
Envelope Updated Security Checked 7/1/2025 11:30:57 AM
Certified Delivered Security Checked 7/2/2025 11:09:33 AM Signing Complete Security Checked 7/2/2025 11:11:36 AM
Completed Security Checked 7/2/2025 11:11:36 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Kathleen Rivera, Jennifer M. Byers, Brandon J. Evans, Jena Covey Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: June 27, 2025
SUBJECT: Agreement with University Enterprises Inc. (not to exceed $798,250) for Indicator Tracking Plan.
(Ward 1,2,3)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
In 2023, the City of Bakersfield applied for a Transformative Climate Communities (TCC) grant from the California Strategic Growth Council (SGC). In partnership with local organizations and the community, the Southeast Strong initiative was created. It consists of projects and programs focused in Southeast Bakersfield, an area of the City with some of the most disadvantaged census tracts in the State of California as determined by CalEnviroScreen 4.0. This initiative is aimed at making capital improvements within the area to address underinvestment and to bring new opportunities to southeast residents.
Proposed improvements include new affordable housing, urban greening, bicycle and pedestrian transportation improvements, energy efficiency improvements for low-income homeowners, and support programs.
On March 10, 2025, the City entered into Agreement No. SGC23129 with SGC for the TCC grant in the amount of $22,125,000 for the Southeast Strong initiative. Funds will be used to support multiple revitalization projects and programs for Southeast Bakersfield.
University Enterprises Inc. (California State University, Sacramento – Institute of Social Research) will conduct indicator tracking to measure project performance under the TCC grant program. A plan will be developed that determines indicators to track and how change will be assessed. A final report will be provided that evaluates all work completed throughout the TCC project term. The agreement would award University Enterprises Inc. $798,250 in TCC funds for the Indicator Tracking Plan.
FISCAL IMPACT:
No fiscal impact on the General Fund.
COUNCIL GOAL:
Economic Opportunity for All
Community Character & Quality of Life
Reliable Infrastructure
WARDS: 1, 2 and 3
ATTACHMENTS:
Agreement
TCC Agreement (CA State University, Sacramento)
AGREEMENT NO. _________________
TRANSFORMATIVE CLIMATE COMMUNITIES AGREEMENT WITH
UNIVERSITY ENTERPRISES INC. (UNIVERSITY ENTERPRISES INC. ON BEHALF OF
INSTITUTE FOR SOCIAL RESEARCH)
This AGREEMENT is made and entered into on ________________, by and between CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY" herein) and UNIVERSITY ENTERPRISES INC., (CALIFORNIA STATE UNIVERSITY, SACRAMENTO ON BEHALF OF INSTITUTE FOR SOCIAL RESEARCH), a nonprofit public benefit corporation authorized to do business in California (“SUBRECIPIENT” herein). CITY and SUBRECIPIENT are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, the California Legislature appropriated $160 million from the general fund in fiscal year 2022/2023 to support the Transformative Climate Communities Grant Program (“TCC” herein) administered by the Strategic Growth Council (“SGC” herein) in partnership with the California Department of Conservation; and
WHEREAS, on March 8, 2023, the SGC released a Notice of Funding Availability (“NOFA” herein) for eligible applicants to apply for up to $99.2 million in TCC funds, inclusive of $88,500,000 to be made available for implementation grants; and
WHEREAS, on August 1, 2023, CITY submitted an application for TCC funds for what is referred to as the Southeast Strong Initiative (herein “PROJECT”), which plans to fund multiple improvement projects in Southeast Bakersfield; and WHEREAS, on December 14, 2023, the SGC awarded CITY $22,125,000 in TCC funds for implementation of the PROJECT; and
WHEREAS, on March 10, 2025, CITY entered into a Grant Agreement with the SGC which established CITY as Lead Grantee for the $22,125,000 TCC grant funds and identifies CITY as the responsible entity for compiling and submitting all invoices and reporting documents to the SGC related to the PROJECT; and WHEREAS, CITY intends to designate several subrecipients to assist with implementation of the PROJECT; and
WHEREAS, SUBRECIPIENT has been identified to serve as one of the several entities responsible for the PROJECT’s Indicator Tracking Plan.
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBRECIPIENT mutually agree as follows:
1. SCOPE OF WORK. SUBRECIPIENT shall be responsible for administering the Indicator Tracking Plan, as provided in Exhibit “A” attached hereto and incorporated by reference herein, in a manner satisfactory to CITY (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task SUBRECIPIENT has been hired to perform, whether specifically included in the Scope of Work or not. CITY agrees to make grant funds available to SUBRECIPIENT for administration and reporting of Program Activities as provided in Exhibit “A”.
2. COMPENSATION. Compensation for all work, services, or products called for under this Agreement shall consist of a reimbursement payment(s) NOT TO
EXCEED SEVEN HUNDRED NINETY-EIGHT THOUSAND TWO HUNDRED FIFTY DOLLARS ($798,250.00).
CITY will pay SUBRECIPIENT within thirty (30) days after SUBRECIPIENT 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 SUBRECIPIENT for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. In no case will CITY compensate SUBRECIPIENT more than $798,250.00 for performing the Scope of Work. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the Parties.
2.1 Resource Allocation of Funds. CITY shall not be obligated to disburse or pay SUBRECIPIENT any funds until and after CITY receives funds from the appropriate governmental source(s). If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to SUBRECIPIENT until CITY receives such funds.
SUBRECIPIENT shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if SUBRECIPIENT has detrimentally relied upon this Agreement.
2.2 Reimbursement Payments. CITY agrees to reimburse "claims for payment" directly to SUBRECIPIENT within thirty (30) days after CITY receives a satisfactory "claim for payment." SUBRECIPIENT shall use the bi-monthly invoicing template attached hereto as Exhibit “B,” and incorporated by reference herein, to properly itemize and document claims for payment to show clearly the items, tasks, or services for which SUBRECIPIENT claims reimbursement setting forth actual expenditures of SUBRECIPIENT in accordance with this Agreement. ///
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
SUBRECIPIENT shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may refuse to pay any claim until explained to CITY's satisfaction.
2.2.1 SUBRECIPIENT shall not be reimbursed or otherwise compensated for any expenditures incurred or services
provided prior to the Effective Date, or following the earlier of the expiration or termination of this Agreement unless agreed to by CITY. CITY shall only reimburse SUBRECIPIENT for
documented expenditures incurred during the Agreement
Term that are: (i) reasonable and necessary to carry out the services described in Exhibit “A;” (ii) documented by contracts or other evidence of liability consistent with established CITY and SUBRECIPIENT procedures; and (iii) incurred in
accordance with all applicable requirements for the
expenditure of funds payable under this Agreement.
3. TERM. The term of this Agreement shall commence on the date of execution as indicated above, and end on June 30, 2029, unless terminated earlier as provided herein.
4. TERMINATION OF AGREEMENT. CITY reserves the right to terminate this Agreement upon giving SUBRECIPIENT notice of intention to terminate at least thirty (30) days prior to the effective date of the termination. CITY shall only convey to SUBRECIPIENT funds for work done prior to the effective date of termination.
5. COMPLIANCE WITH ALL LAWS. SUBRECIPIENT shall, at SUBRECIPIENT’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:
5.1. Federal Laws. SUBRECIPIENT shall obey all federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration applicable to the PROJECT. SUBRECIPIENT shall become familiar with the appropriate statutes, regulations, and guidelines governing the PROJECT.
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Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
5.2. Prevailing Wage. If applicable, SUBRECIPIENT shall pay prevailing wages to all workers employed on public works projects, as defined by California Labor Code. Upon request by CITY, when required per the California Labor Code, SUBRECIPIENT must submit to CITY proof of Department of Industrial Relations (DIR) registration of the PROJECT.
5.3. Local Laws. All municipal codes and CITY regulations apply to this Agreement and SUBRECIPIENT performing the work. Permits must be obtained from CITY, including, but not limited to, the Building, Planning and/or Public Works Departments for all work requiring permits. Reimbursement payments will not be processed until all code or permit compliance has been completed by SUBRECIPIENT and approved by CITY.
5.4. City Tax Certificate. SUBRECIPIENT shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
5.5. Nondiscrimination. SUBRECIPIENT shall not discriminate or segregate against any person or group of persons on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran statusy in the performance of this Agreement or use of the property.
5.6. Miscellaneous. SUBRECIPIENT shall comply with all applicable programmatic requirements as required from the State of California in the implementation of the TCC program. Those requirements are stated in Standard Agreement No. SGC23129 between CITY and the State of California, as listed in Exhibit “C” attached hereto and incorporated by reference herein. Nothing in this Agreement shall be construed to require the SUBRECIPIENT to comply with CITY obligations as stated within Exhibit “C.”
6. REPORTING REQUIREMENTS. SUBRECIPIENT shall provide CITY with the following Metrics/Reporting items on a bi-monthly basis, starting upon execution of this Agreement, in a format and method to be specified by the SGC. Items to be reported on are shown in Exhibit “D” attached hereto and incorporated by reference herein. In addition, SUBRECIPIENT will submit an annual report documenting progress in meeting program objectives as described in Exhibit “E” attached hereto and incorporated by reference herein.
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Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
6.1. Close-Outs. SUBRECIPIENT's obligation to CITY shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. Final payment request(s) under this Agreement must be received by Recipient no later than thirty (30) days from the earlier of the expiration date or termination date of this Agreement. No payment request will be accepted by Recipient after this date without authorization from Recipient.
6.2. Audits and Inspections. All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the State of California, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by SUBRECIPIENT within thirty (30) days of receipt. Failure of SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to have an annual audit conducted at CITY’s request.
6.2.1. SUBRECIPIENT must maintain copies of PROJECT records during the grant term and for four (4) years following the termination of the Agreement. The State of California retains the right to conduct an audit each year during the grant term and up to four (4) years after the grant term.
7. LOBBYING. SUBRECIPIENT certifies that no TCC grant funds will be paid by or on behalf of SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any local, state, or federal agency or office, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress.
8. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of SUBRECIPIENT as an independent contractor. SUBRECIPIENT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with SUBRECIPIENT other than that of an independent contractor.
9. INDEMNITY. SUBRECIPIENT shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by SUBRECIPIENT, SUBRECIPIENT'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. This provision shall survive the expiration or termination of this Agreement.
10. INSURANCE.
10.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, SUBRECIPIENT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
10.2. Automobile liability insurance, providing coverage for owned, nonowned, 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.
10.3. Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:
10.3.1. Provide contractual liability coverage for the terms of this Agreement; and
10.3.2. Provide products and completed operations coverage; and
10.3.3. Provide premises, operations, and mobile equipment coverage; and
10.3.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
10.4. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure payment of compensation to his employees. Pursuant to Labor Code Section 1861, SUBRECIPIENT must submit to CITY the following certification before beginning any work on the Improvements:
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
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 selfinsurance 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, SUBRECIPIENT 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.
10.5. General Provisions Applying to All Insurance Types.
10.5.1. All policies required of SUBRECIPIENT must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
SUBRECIPIENT 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.
10.5.2. All policies required of SUBRECIPIENT 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 SUBRECIPIENT’s
insurance and must not contribute with it.
10.5.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
10.5.4. 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.
10.5.5. Full compensation for all premiums which the SUBRECIPIENT 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.
10.5.6. It is further understood and agreed by SUBRECIPIENT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
SUBRECIPIENT in connection with this Agreement.
10.5.7. 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 SUBRECIPIENT, and all subcontractors must agree in writing to be bound by the provisions of this
section.
11. SUBCONTRACTS. SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such contract.
11.1. SUBRECIPIENT will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
11.2. SUBRECIPIENT shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
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Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
11.3. SUBRECIPIENT shall undertake to ensure all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to CITY along with documentation concerning the selection process.
12. CONCURRENT REMEDY. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise and may be enforced concurrently therewith or from time to time.
13. 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 DIR.
14. ACCOUNTING RECORDS. SUBRECIPIENT 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 SUBRECIPIENT’s office during the term of this Agreement, and for a period of four (4) years from the date of the final payment hereunder and said records shall be made available to CITY representatives upon request at any time during regular business hours.
15. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the Parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose.
16. 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.
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
17. CONFLICTS OF INTEREST. SUBRECIPIENT stipulates that corporately, or individually, SUBRECIPIENT, its employees and sub-recipient agencies have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement.
18. 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.
19. DIRECTION. SUBRECIPIENT retains the right to control or direct the manner in which the services described herein are performed.
20. EQUIPMENT. SUBRECIPIENT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
21. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, and all Parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
22. 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.
23. 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.
24. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
25. KEY PERSONNEL. At request of CITY, SUBRECIPIENT shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved SUBRECIPIENT shall not change such personnel without the approval of CITY.
///
///
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
26. LICENSES. SUBRECIPIENT 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 SUBRECIPIENT to practice its profession.
27. MERGER AND MODIFICATION. All prior agreements between the Parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the Parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The Parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the Parties.
28. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings relating to this Agreement by SUBRECIPIENT shall be prohibited unless authorized by CITY.
29. NON-INTEREST. No officer or employee of CITY shall hold any interest in this Agreement (California Government Code section 1090).
30. 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 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
Economic and Community
Development Department
1600 Truxtun Avenue
Bakersfield, California 93301
SUBRECIPIENT: Monica Kauppinen
University Enterprises Inc. (on behalf of Institute for Social Research, California State University,
Sacramento)
6000 J Street MS 6111
Sacramento, CA 95819-2605
31. 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.
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
32. REMEDIES. If SUBRECIPIENT is in default of this Agreement, or any terms of the Grant Application, CITY may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy CITY may have in law or equity:
32.1. Withhold payment of grant funds and/or issuance of building permits or performance of inspections related to the PROJECT.
32.2. Seek reimbursement of all dispersed grant funds related to the PROJECT.
32.3. Disallow future grant funds to SUBRECIPIENT.
33. STARTING WORK. SUBRECIPIENT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by SUBRECIPIENT and CITY, unless CITY authorizes such work, in writing, prior to execution of the agreement.
34. SEVERABILITY. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
35. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify SUBRECIPIENT of third-party claims relating to this contract. CITY shall be allowed to recover from SUBRECIPIENT, and SUBRECIPIENT shall pay on demand, all costs of notification.
36. FORCE MAJEURE. In addition to specific provisions of this Agreement, a party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, or litigation (any of the foregoing, “Force Majeure”). An extension of time for such cause may be mutually agreed upon by the Parties hereunder for the period of the enforced delay or longer.
37. AMENDMENT. Any amendment to this Agreement, including to the Approved Services and the Approved Budget, shall be reduced to writing, signed by an authorized representative of each party, and attached to this Agreement.
38. 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.
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
39. TITLE TO DOCUMENTS. All documents, plans and drawings, maps, photographs and other papers, or copies thereof prepared by SUBRECIPIENT pursuant to the terms of this Agreement shall, upon preparation, become the property of CITY.
40. TAX NUMBERS.
"SUBRECIPIENT's" Federal Tax Identification No. 94-1337638 . "SUBRECIPIENT" is a corporation? Yes X No .
(Please check one.)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first-above written.
"CITY" "SUBRECIPIENT"
CITY OF BAKERSFIELD UNIVERSITY ENTERPRISES INC.
(CALIFORNIA STATE UNIVERSITY,
SACRAMENTO – INSTITUTE FOR
SOCIAL RESEARCH)
By: _________________________ By: _________________________
KAREN GOH MONICA KAUPPINEN
Mayor Director Sponsored
Programs Administration
(Additional Signatures on Following Page)
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 TCC Agreement (CA State University, Sacramento)
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By: _________________________
JENNIFER M. BYERS
Economic and Community
Development Director
APPROVED AS TO FORM:
By: _________________________
VIRGINIA GENNARO
City Attorney
Insurance: ____________
COUNTERSIGNED:
By: _________________________
RANDY MCKEEGAN
Finance Director
VG/blf
S:\Economic&CommunityDevelop\Agr\24-25\TCC SS IT Partner Agreement_v3.docx Attachments: Exhibit "A” Exhibit "D”
Exhibit "B” Exhibit “E”
Exhibit "C”
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 A - 1
EXHIBIT "A"
Scope of Work
Indicator Tracking Plan – California State University, Sacramento – Institute for Social Research
Scope of Work
Project Description: California State University, Sacramento – Institute for Social Research will implement the Indicator Tracking Plan. Within this plan, the following actions will be taken: a site-specific Evaluation Plan will be developed to assess the holistic impacts of Southeast Strong. Reporting tools and a technical assistance plan will be created to support the lead grantee and subrecipients in gathering and reporting data. Collected data will be processed, and required reports will be delivered to SGC, including an annual case study that highlights partner and community voices, evaluation memos that provide feedback from grantees and partners on the design and implementation, CARB reporting, and progress reports aligned with community and project needs. Finally, a comprehensive close-out report will be provided, including the final CARB Report and an assessment at the completion of the grant implementation to demonstrate progress, lessons learned, and overall impact.
Project Workplan/Project Timeframe: Based on the scope of work, eligible activities, deliverables, and timelines will be as follows:
Task Deliverables Timeline Grant Funds Leverage
Task 1: Develop Site Specific Evaluation Plan with Grantee A) Review existing
TCC Evaluation
Plans, coordinate
with Grantee
and SGC to develop
site-specific
plan
A) Final Site - Specific
Evaluation Plan
May 2025 –
April 2026
$100,600.00 $0
B) Engage with
community to
gauge evaluative
practices by
attending a
minimum of 5
events/year
B) Summary of
Community Events and
Outcomes
Grant Term
(May 2025
– March
2029)
C) Develop plan with
Grantee for
tracking and
assessing change
Indicator Tracking Plan May 2025 –
April 2026
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 A - 2
within chosen
evaluation plan
indicators. Collect
indicators for
TCC-funded
projects,
transformative
elements, and
leverage projects
D) Develop logic
models or
theories of change
for inputs,
activities, outputs,
and desired
outcomes
May 2025 –
April 2026
Task 2: Tool Development and Ongoing Technical Assistance A) Hold and attend
meetings with
Grantee and
Subrecipients to
further
discuss their projects,
develop
indicators, and more
A) Bi-monthly progress
reporting and
invoicing
Grant Term
(May 2025
– March
2029) $102,720.00 $0
B) Develop and
share all Reporting
Tools with respective
project
Subrecipients.
Reporting tools will
be
developed based on
indicators,
CARB reporting, and
project-specific
activities
B) Screenshare of
reporting tool when
operational
May 2025 –
April 2026
C) Develop and
share the Technical
Assistance Plan. The
Plan outlines a
timeline for all data
collection activities
and reporting
periods.
C) Technical Assistance
Plan May 2025 –
April 2026
D) Provide technical
assistance as
outlined within the
Technical
Assistance Plan
D) Bi-monthly progress
reporting and
invoicing
Grant Term
(May 2025
– March
2029)
Task 3: Data Collection and Reporting
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 A - 3
A) Collect photos to
document
project progress,
highlight
community
Subrecipients and
events,
and provide visuals
within reports
A) Link to photo archive
Grant Term
(May 2025
– March
2029)
$475,303.00 $0
B) Collect and
complete annual
CARB reporting. The
initial report
will include
anticipated
environmental
benefits, and each
subsequent report
will present
actual benefits from
implementation of
TCC-Funded
Projects
B) Annual CARB report
C) Develop at least
one (1) case
study per grant year
for a total
minimum of 4, to be
submitted
every March. Topics
to be determined in
collaboration with
grantee,
Subrecipients, and
TCC Staff
C) Annual case study
D) Provide draft
Annual Progress
Reports every
January and final
Annual Progress
Reports every
May to summarize
and report on
progress of TCC
investments.
Style, format,
frequency, and
presentation of the
report, subject
to SGC approval
D) 1) Annual evaluation
report in
accessible and ADAcompliant
format
2) Presentation
3) Raw data submission
E) Develop Process
Evaluation
E) 1) Baseline Report
2) Mid-Point Memo
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 A - 4
Memos to provide
feedback from
grantees and
Subrecipients on the
TCC
Program design and
implementation
process
3) Closeout Memo
Task 4: Close-Out and Assessment
A) Provide a final
close-out CARB
Report that indicates
the actual
environmental
benefits of TCC
Projects
A) CARB close-out
report
September
2028 – June
2029
$34,100.00 $0
B) Develop a final
report indicating
all work completed
through TCC
investment in the
Southeast
Strong
neighborhood
Bakersfield
B) Final evaluation
report
Budget Narrative: As part of the Indicator Tracking Plan, California State University, Sacramento – Institute for Social Research will receive SEVEN HUNDRED NINETYEIGHT THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($798,250.00) to complete the deliverables. A summary budget is as follows:
TASK # COST
CATEGOR
Y
COST
DESCRIPTIO
N
COST PER
UNIT ($)
UNITS TOTAL PROJECT
COST
TOTAL TCC
GRANT FUNDS
1 Direct
Costs
Personnel:
Director
$203.23-
$258.79
60 $12,279.00 $12,279.00
1 Direct
Costs
Personnel:
Research
Specialist
$110.44-
$140.63
375 $48,348.00 $48,348.00
1 Direct
Costs
Personnel:
Research
Associate II
$72.34-
$92.12
309 $25,561.00 $25,561.00
1 Direct
Costs
Personnel:
Research
Associate I
$51.77-
$65.92
155 $8,822.00 $8,822.00
1 Direct
Costs
Travel $1,118.00 5 $5,590.00 $5,590.00
2 Direct
Costs
Personnel:
Director
$203.23-
$258.79
60 $12,289.00 $12,289.00
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 A - 5
2 Direct
Costs
Personnel:
Research
Specialist
$110.44-
$140.63
325 $41,901.00 $41,901.00
2 Direct
Costs
Personnel:
Research
Associate II
$72.34-
$92.12
409 $33,833.00 $33,833.00
2 Direct
Costs
Personnel:
Research
Associate I
$51.77-
$65.92
160 $9,107.00 $9,107.00
2 Direct
Costs
Travel $1,118.00 5 $5,590.00 $5,590.00
3 Direct
Costs
Personnel:
Director
$203.23-
$258.79
100 $20,501.00 $20.501.00
3 Direct
Costs
Personnel:
Research
Specialist
$110.44-
$140.63
1,800 $232,068.00 $232,068.00
3 Direct
Costs
Personnel:
Research
Associate II
$72.34-
$92.12
2,250 $186,125.00 $186,125.00
3 Direct
Costs
Personnel:
Research
Associate I
$51.77-
$65.92
545 $31,019.00 $31,019.00
3 Direct
Costs
Travel $1,118.00 5 $5,590.00 $5,590.00
4 Direct
Costs
Personnel:
Director
$203.23-
$258.79
20 $4,085.00 $4,085.00
4 Direct
Costs
Personnel:
Research
Specialist
$110.44-
$140.63
125 $16,116.00 $16,116.00
4 Direct
Costs
Personnel:
Research
Associate II
$72.34-
$92.12
135 $11,167.00 $11,167.00
4 Direct
Costs
Personnel:
Research
Associate I
$51.77-
$65.92
48 $2,732.00 $2,732.00
Indirect Indirect
Costs
Lead Entity
Indirect 12%
$85,527.00 1 $85,527.00 $85,527.00
Total $798,250.00
Invoicing Process: California State University, Sacramento – Institute for Social Research shall submit bi-monthly invoices for all costs incurred within the previous two-month cycle for all cost related to the program’s implementation. Invoices shall be submitted using Exhibit “B” or an approved equivalent and shall provide all necessary backup documentation verifying the costs incurred, including, but Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 A - 6
not limited to timesheets, invoices, and purchase orders. California State University, Sacramento – Institute for Social Research, and all subcontractors, shall maintain all records for a period of four years after completion of the project. All invoices shall be submitted by the 10th day of the month following the completion of the bi-monthly invoice period for which costs were incurred, and reimbursement is being requested.
Reporting Requirements: California State University, Sacramento – Institute for Social Research agrees to submit bi-monthly progress to support the CITY’s ongoing efforts to report all expenditure and reporting progress to the Strategic Growth Council and the Department of Conservation, as well as information for the annual reporting of objectives as stated in Exhibit “D” and Exhibit “E”.
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 B - 1
EXHIBIT "B"
BI-MONTHLY INVOICE FORM
[TO BE PRINTED ON GRANTEE LETTERHEAD]
Date:
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - BIMONTHLY INVOICE SUMMARY
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates:[START
DATE] [END DATE]
Authorized Signatory: (Name) (Position)
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature: Date:
TCC Grant Element Amount
Grantee Costs
Project #1
Project #2
Project #3
Project #4
Project #5
Project #6
Project #7
Project #8
Community Engagement Plan
Displacement Avoidance Plan
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 B - 2
Workforce Development and Economic Opportunities
Plan
Indicator
Tracking
Plan
TOTAL to be reimbursed this Period $-
Advance Pay Deduction
Total Reimbursement Requested $-
Total Budget
Total Invoiced to Date
Amount Remaining $-
Advance Pay Summary
Advance
Received
Advance
Balance
Current
Invoice Total
Amount Paid
Via Invoice
Remaining
Advance
Balance
Interest
Earned
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 B - 3
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - INVOICE DETAIL
Complete this form for Grantee Costs, Funded Projects, Indicator Tracking Costs and Transformative Plans.
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates: [START
DATE] [END DATE]
[Insert Grantee Costs, Indicator Tracking, TCC
Project # and Name, or Transformative Plan
Name] Lead Entity: [Insert name]
TASK Cost
Description/Category Amount
Supporting
Documentation/Page
#
1 Subtotal $-
2 Subtotal $-
3 Subtotal $-
4 Subtotal $-
Travel
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 B - 4
Subtotal $-
Equipment
Subtotal $-
Indirect/Overhead
Subtotal $-
SUBTOTAL FOR THIS
PERIOD $-
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 C - 1
EXHIBIT "C"
SUBRECIPIENT shall comply with all municipal, state, and federal laws now in force, or which may hereafter be in force, pertaining to this Agreement, specifically including but not limited to the following, if applicable:
➢ SCOPE OF WORK: Exhibit A of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council ➢ BUDGET AND SCHEDULE OF DELIVERABLES: Exhibit B of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ SPECIAL TERMS AND CONDITIONS: Exhibit C of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ TCC PROJECT AREA MAP: Exhibit D-1 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council ➢ TRANSFORMATIVE PLANS SUMMARY: Exhibit D-2 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council (to be inserted with transformative plans)
➢ INVOICING AND REPORTING TEMPLATES: Exhibit D-3 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ INDICATOR TRACKING TABLES: Exhibit D-4 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-5 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ AUTHORIZED SIGNATORY TEMPLATE: Exhibit D-6 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-7 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 C - 2
➢ TCC GRANTEE PUBLICITY GUIDELINES: Exhibit D-8 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ TCC PARTNERSHIP AGREEMENT: Exhibit D-9 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CERTIFICATE OF COMPLIANCE WITH RUSSIAN SANCTIONS: Exhibit D-10 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ MCKEE TRANSPARENCY ACT: McKee Transparency Act, Education Code sections 89913-89919.
(Copies of the above provided upon request)
_________________________________________________
SUBRECIPIENT’s Acknowledged Review
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 D - 1
EXHIBIT "D"
BI-MONTHLY REPORTING FORM
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature: Date:
1. Summarize the administrative work (Grantee Direct and Indirect/Overhead Costs) completed by the Grantee during the reporting period:
Grantee Activities Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) • Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 D - 2
2. Summarize the work completed during reporting period. Insert one table for each Funded Project and Transformative Plan.
[INSERT NAME OF FUNDED PROJECT OR PLAN] Lead Entity: [INSERT] Tasks Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
3. Summarize the Indicator Tracking work completed during the reporting period:
[INSERT ITP 1 or 2] Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
Total $
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 E - 1
EXHIBIT "E"
ANNUAL REPORTING FORM
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
ANNUAL PROGRESS REPORT
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement. By signing this progress report, I also certify the information provided in the following annual deliverables:
• Annual Leverage Funding Report
• Annual Equipment Inventory Record
Signature: Date:
Please respond to the following questions in 1-3 paragraphs, or with clear bullet points:
Success Stories and Lessons Learned
1. Summarize the major grant milestones completed in the last year.
2. Please share any other success stories from the Project Area, and provide links to related media, as applicable.
3. Describe any “lessons learned” in this past year. Specifically highlight any lessons that may help current grantees, future applicants, or the State, in continued implementation of the projects, and program, respectively.
Challenges and Areas for Improvement
For each question below, please elaborate on: a) steps that the Grantee or Subrecipients are taking to improve, or b) actions or assistance needed from the State, as applicable.
4. Discuss any challenges experienced while implementing the grant.
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025 E - 2
5. Describe any issues faced when working with the technical assistance providers and/or program evaluation consultants.
6. Describe any concerns related to administering the grant and/or working with the State.
Leverage Projects
7. Summarize each Leverage Project’s milestones and deliverables completed in the last year.
8. Summarize the leverage projects that have not met their planned milestones or timelines for the year. Describe the adjusted new timeline.
9. Describe any challenges and/or issues faced with implementing or monitoring standalone leverage projects.
Additional TCC-Related Investments
List any new, additional investments generated by the TCC grant or extended leverage commitments adopted after TCC grant execution. Only include additional leverage funding that was not originally included in the grant agreement.
Leverage
Project or
New
Investment
Funding Source New Amount
Committed ($)
Dates
Committed
Description of
Project or New
Investment
(include
reference links,
if available)
Docusign Envelope ID: 5E6A4FDF-FF59-499E-B093-8F5FCC520025
ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: July 2, 2025
SUBJECT: Agreement with Ventura County Community Development Corporation (not to exceed $103,559.60) for Displacement Avoidance Plan.
(Ward 1, 2, 3)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
In 2023, the City of Bakersfield applied for a Transformative Climate Communities (TCC) grant from the California Strategic Growth Council (SGC). In partnership with local organizations and the community, the Southeast Strong initiative was created. It consists of projects and programs focused in Southeast Bakersfield, an area of the City with some of the most disadvantaged census tracts in the State of California as determined by CalEnviroScreen 4.0. This initiative is aimed at making capital improvements within the area to address underinvestment and to bring new opportunities to southeast residents.
Proposed improvements include new affordable housing, urban greening, bicycle and pedestrian transportation improvements, energy efficiency improvements for low-income homeowners, and support programs.
On March 10, 2025, the City entered into Agreement No. SGC23129 with SGC for the TCC grant in the amount of $22,125,000 for the Southeast Strong initiative. Funds will be used to support multiple revitalization projects and programs for Southeast Bakersfield.
The Southeast Strong Displacement Avoidance Plan (DAP) will tie proposed programs and projects with residents to create a synergy around investing in the TCC focus area. The City will partner with four agencies to execute the DAP. Cohesively, the partners in the DAP will facilitate meaningful dialogue and connection with residents to ensure programs and projects impact the livelihood of residents in the focus area. The agreement would award Ventura County Community Development Corporation (VCCDC) $103,559.60 in TCC funds for the DAP.
FISCAL IMPACT:
No fiscal impact on the General Fund.
COUNCIL GOAL:
Economic Opportunity for All
Community Character & Quality of Life
Reliable Infrastructure
WARDS: 1,2 and 3
ATTACHMENTS
Agreement
TCC Agreement (Ventura County Community Development Corp.)
AGREEMENT NO. _________________
TRANSFORMATIVE CLIMATE COMMUNITIES AGREEMENT WITH
VENTURA COUNTY COMMUNITY DEVELOPMENT CORPORATION
This AGREEMENT is made and entered into on ________________, by and between CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY" herein) and VENTURA COUNTY COMMUNITY DEVELOPMENT CORPORATION, a nonprofit public benefit corporation authorized to do business in California (“SUBRECIPIENT” herein). CITY and SUBRECIPIENT are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, the California Legislature appropriated $160 million from the general fund in fiscal year 2022/2023 to support the Transformative Climate Communities Grant Program (“TCC” herein) administered by the Strategic Growth Council (“SGC” herein) in partnership with the California Department of Conservation; and
WHEREAS, on March 8, 2023, the SGC released a Notice of Funding Availability (“NOFA” herein) for eligible applicants to apply for up to $99.2 million in TCC funds, inclusive of $88,500,000 to be made available for implementation grants; and
WHEREAS, on August 1, 2023, CITY submitted an application for TCC funds for what is referred to as the Southeast Strong Initiative (herein “PROJECT”), which plans to fund multiple improvement projects in Southeast Bakersfield; and WHEREAS, on December 14, 2023, the SGC awarded CITY $22,125,000 in TCC funds for implementation of the PROJECT; and
WHEREAS, on March 10, 2025, CITY entered into a Grant Agreement with the SGC which established CITY as Lead Grantee for the $22,125,000 TCC grant funds and identifies CITY as the responsible entity for compiling and submitting all invoices and reporting documents to the SGC related to the PROJECT; and WHEREAS, CITY intends to designate several subrecipients to assist with implementation of the PROJECT; and
WHEREAS, SUBRECIPIENT has been identified to serve as one of the several entities responsible for the PROJECT’s Displacement Avoidance Plan.
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBRECIPIENT mutually agree as follows:
1. SCOPE OF WORK. SUBRECIPIENT shall be responsible for administering the Displacement Avoidance Plan, as provided in Exhibit “A” attached hereto and incorporated by reference herein, in a manner satisfactory to CITY (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task SUBRECIPIENT has been hired to perform, whether specifically included in the Scope of Work or not. CITY agrees to make grant funds available to SUBRECIPIENT for administration and reporting of Program Activities as provided in Exhibit “A”.
2. COMPENSATION. Compensation for all work, services, or products called for under this Agreement shall consist of a reimbursement payment(s) NOT TO
EXCEED ONE HUNDRED THREE THOUSAND FIVE HUNDRED FIFTY-NINE DOLLARS AND SIXTY CENTS ($103,559.60).
CITY will pay SUBRECIPIENT within thirty (30) days after SUBRECIPIENT 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 SUBRECIPIENT for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. In no case will CITY compensate SUBRECIPIENT more than $103,559.60 for performing the Scope of Work. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the Parties.
2.1 Resource Allocation of Funds. CITY shall not be obligated to disburse or pay SUBRECIPIENT any funds until and after CITY receives funds from the appropriate governmental source(s). If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to SUBRECIPIENT until CITY receives such funds.
SUBRECIPIENT shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if SUBRECIPIENT has detrimentally relied upon this Agreement.
2.2 Reimbursement Payments. CITY agrees to reimburse "claims for payment" directly to SUBRECIPIENT within thirty (30) days after CITY receives a satisfactory "claim for payment." SUBRECIPIENT shall use the bi-monthly invoicing template attached hereto as Exhibit “B,” and incorporated by reference herein, to properly itemize and document claims for payment to show clearly the items, tasks, or services for which SUBRECIPIENT claims reimbursement setting forth actual expenditures of SUBRECIPIENT in accordance with this Agreement. ///
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
SUBRECIPIENT shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may refuse to pay any claim until explained to CITY's satisfaction.
2.2.1 SUBRECIPIENT shall not be reimbursed or otherwise compensated for any expenditures incurred or services
provided prior to the Effective Date, or following the earlier of the expiration or termination of this Agreement unless agreed to by CITY. CITY shall only reimburse SUBRECIPIENT for
documented expenditures incurred during the Agreement
Term that are: (i) reasonable and necessary to carry out the services described in Exhibit “A;” (ii) documented by contracts or other evidence of liability consistent with established CITY and SUBRECIPIENT procedures; and (iii) incurred in
accordance with all applicable requirements for the
expenditure of funds payable under this Agreement.
3. TERM. The term of this Agreement shall commence on the date of execution as indicated above, and end on March 10, 2029, unless terminated earlier as provided herein.
4. TERMINATION OF AGREEMENT. CITY reserves the right to terminate this Agreement upon giving SUBRECIPIENT notice of intention to terminate at least thirty (30) days prior to the effective date of the termination. CITY shall only convey to SUBRECIPIENT funds for work done prior to the effective date of termination.
5. COMPLIANCE WITH ALL LAWS. SUBRECIPIENT shall, at SUBRECIPIENT’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:
5.1. Federal Laws. SUBRECIPIENT shall obey all federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration applicable to the PROJECT. SUBRECIPIENT shall become familiar with the appropriate statutes, regulations, and guidelines governing the PROJECT.
5.2. Prevailing Wage. If applicable, SUBRECIPIENT shall pay prevailing wages to all workers employed on public works projects, as defined Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
by California Labor Code. Upon request by CITY, when required per the California Labor Code, SUBRECIPIENT must submit to CITY proof of Department of Industrial Relations (DIR) registration of the PROJECT.
5.3. Local Laws. All municipal codes and CITY regulations apply to this Agreement and SUBRECIPIENT performing the work. Permits must be obtained from CITY, including, but not limited to, the Building, Planning and/or Public Works Departments for all work requiring permits. Reimbursement payments will not be processed until all code or permit compliance has been completed by SUBRECIPIENT and approved by CITY.
5.4. City Tax Certificate. SUBRECIPIENT shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
5.5. Nondiscrimination. SUBRECIPIENT shall not discriminate or segregate against any person or group of persons on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran statusy in the performance of this Agreement or use of the property.
5.6. Miscellaneous. SUBRECIPIENT shall comply with all applicable programmatic requirements as required from the State of California in the implementation of the TCC program. Those requirements are stated in Standard Agreement No. SGC23129 between CITY and the State of California, as listed in Exhibit “C” attached hereto and incorporated by reference herein. Nothing in this Agreement shall be construed to require the SUBRECIPIENT to comply with CITY obligations as stated within Exhibit “C.”
6. REPORTING REQUIREMENTS. SUBRECIPIENT shall provide CITY with the following Metrics/Reporting items on a bi-monthly basis, starting upon execution of this Agreement, in a format and method to be specified by the SGC. Items to be reported on are shown in Exhibit “D” attached hereto and incorporated by reference herein. In addition, SUBRECIPIENT will submit an annual report documenting progress in meeting program objectives as described in Exhibit “E” attached hereto and incorporated by reference herein.
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Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
6.1. Close-Outs. SUBRECIPIENT's obligation to CITY shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. Final payment request(s) under this Agreement must be received by Recipient no later than thirty (30) days from the earlier of the expiration date or termination date of this Agreement. No payment request will be accepted by Recipient after this date without authorization from Recipient.
6.2. Audits and Inspections. All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the State of California, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by SUBRECIPIENT within thirty (30) days of receipt. Failure of SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to have an annual audit conducted at CITY’s request.
6.2.1. SUBRECIPIENT must maintain copies of PROJECT records during the grant term and for four (4) years following the termination of the Agreement. The State of California retains the right to conduct an audit each year during the grant term and up to four (4) years after the grant term.
7. LOBBYING. SUBRECIPIENT certifies that no TCC grant funds will be paid by or on behalf of SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any local, state, or federal agency or office, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress.
8. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of SUBRECIPIENT as an independent contractor. SUBRECIPIENT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with SUBRECIPIENT other than that of an independent contractor. ///
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
9. INDEMNITY. SUBRECIPIENT shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by SUBRECIPIENT, SUBRECIPIENT'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. This provision shall survive the expiration or termination of this Agreement.
10. INSURANCE.
10.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, SUBRECIPIENT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
10.2. Automobile liability insurance, providing coverage for owned, nonowned, 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.
10.3. Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:
10.3.1. Provide contractual liability coverage for the terms of this Agreement; and
10.3.2. Provide products and completed operations coverage; and
10.3.3. Provide premises, operations, and mobile equipment coverage; and
10.3.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
10.4. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
Labor Code Section 3700, every contractor will be required to secure payment of compensation to his employees. Pursuant to Labor Code Section 1861, SUBRECIPIENT 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 selfinsurance 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, SUBRECIPIENT 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.
10.5. General Provisions Applying to All Insurance Types.
10.5.1. All policies required of SUBRECIPIENT must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
SUBRECIPIENT 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.
10.5.2. All policies required of SUBRECIPIENT 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 SUBRECIPIENT’s
insurance and must not contribute with it.
10.5.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
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.
10.5.4. 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.
10.5.5. Full compensation for all premiums which the SUBRECIPIENT 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.
10.5.6. It is further understood and agreed by SUBRECIPIENT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
SUBRECIPIENT in connection with this Agreement.
10.5.7. 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 SUBRECIPIENT, and all subcontractors must agree in writing to be bound by the provisions of this
section.
11. SUBCONTRACTS. SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such contract.
11.1. SUBRECIPIENT will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
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Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
11.2. SUBRECIPIENT shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
11.3. SUBRECIPIENT shall undertake to ensure all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to CITY along with documentation concerning the selection process.
12. CONCURRENT REMEDY. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise and may be enforced concurrently therewith or from time to time.
13. 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 DIR.
14. ACCOUNTING RECORDS. SUBRECIPIENT 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 SUBRECIPIENT’s office during the term of this Agreement, and for a period of four (4) years from the date of the final payment hereunder and said records shall be made available to CITY representatives upon request at any time during regular business hours.
15. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the Parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose.
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
16. 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.
17. CONFLICTS OF INTEREST. SUBRECIPIENT stipulates that corporately, or individually, SUBRECIPIENT, its employees and sub-recipient agencies have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement.
18. 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.
19. DIRECTION. SUBRECIPIENT retains the right to control or direct the manner in which the services described herein are performed.
20. EQUIPMENT. SUBRECIPIENT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
21. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, and all Parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
22. 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.
23. 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.
24. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. ///
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Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
25. KEY PERSONNEL. At request of CITY, SUBRECIPIENT shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved SUBRECIPIENT shall not change such personnel without the approval of CITY.
26. LICENSES. SUBRECIPIENT 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 SUBRECIPIENT to practice its profession.
27. MERGER AND MODIFICATION. All prior agreements between the Parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the Parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The Parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the Parties.
28. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings relating to this Agreement by SUBRECIPIENT shall be prohibited unless authorized by CITY.
29. NON-INTEREST. No officer or employee of CITY shall hold any interest in this Agreement (California Government Code section 1090).
30. 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 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
Economic and Community
Development Department
1600 Truxtun Avenue
Bakersfield, California 93301
SUBRECIPIENT: Bertha Garcia
Ventura County Community
Development Corporation
2231 Sturgis Road, Suite A
Oxnard, California 93030
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
31. 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.
32. REMEDIES. If SUBRECIPIENT is in default of this Agreement, or any terms of the Grant Application, CITY may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy CITY may have in law or equity:
32.1. Withhold payment of grant funds and/or issuance of building permits or performance of inspections related to the PROJECT.
32.2. Seek reimbursement of all dispersed grant funds related to the PROJECT.
32.3. Disallow future grant funds to SUBRECIPIENT.
33. STARTING WORK. SUBRECIPIENT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by SUBRECIPIENT.
34. SEVERABILITY. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
35. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify SUBRECIPIENT of third-party claims relating to this contract. CITY shall be allowed to recover from SUBRECIPIENT, and SUBRECIPIENT shall pay on demand, all costs of notification.
36. FORCE MAJEURE. In addition to specific provisions of this Agreement, a party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, or litigation (any of the foregoing, “Force Majeure”). An extension of time for such cause may be mutually agreed upon by the Parties hereunder for the period of the enforced delay or longer.
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Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
37. AMENDMENT. Any amendment to this Agreement, including to the Approved Services and the Approved Budget, shall be reduced to writing, signed by an authorized representative of each party, and attached to this Agreement.
38. 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.
39. TITLE TO DOCUMENTS. All documents, plans and drawings, maps, photographs and other papers, or copies thereof prepared by SUBRECIPIENT pursuant to the terms of this Agreement shall, upon preparation, become the property of CITY.
40. TAX NUMBERS.
"SUBRECIPIENT's" Federal Tax Identification No. 74-3061811. "SUBRECIPIENT" is a corporation? Yes X No .
(Please check one.)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first-above written.
"CITY" "SUBRECIPIENT"
CITY OF BAKERSFIELD VENTURA COUNTY COMMUNITY
DEVELOPMENT CORPORATION
By: _________________________ By: _________________________
KAREN GOH BERTHA GARCIA
Mayor Executive Director
(Additional Signatures on Following Page)
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 TCC Agreement (Ventura County Community Development Corp.)
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By: _________________________
JENNIFER M. BYERS
Economic and Community
Development Director
APPROVED AS TO FORM:
By: _________________________
VIRGINIA GENNARO
City Attorney
Insurance: ____________
COUNTERSIGNED:
By: _________________________
RANDY MCKEEGAN
Finance Director
VG/blf
S:\Economic&CommunityDevelop\Agr\24-25\TCC VCCDC DAP Partner Agreement_v3.docx Attachments: Exhibit "A” Exhibit "D”
Exhibit "B” Exhibit “E”
Exhibit "C”
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 A - 1
EXHIBIT "A"
Scope of Work
Displacement Avoidance Plan – Ventura County Community Development Corporation
Scope of Work
Project Description: The Displacement Avoidance Plan will support residents and businesses in the Project area by focusing on stabilizing existing residents and businesses, mobilizing residents to homeownership, and investing in long-term strategies to make the community more resilient. The City will subcontract with Ventura County Community Development Corporation, 3C Capital Fund Inc., Greater Bakersfield Legal Assistance and Mission Community Services Corporation Women's Business Center to implement the policies and programs of the plan.
VCCDC will coordinate with the City of Bakersfield’s community engagement team to promote programs through a variety of outreach methods, including social media posts, a 30-day annual paid advertisement campaign, bi-monthly email blasts, attendance at approximately 12 community events per year, and a two-week radio advertisement to promote their Annual Homeownership Conference. Additionally, VCCDC will host 10 workshops annually. Five will be focused on homebuying and five will be focused on financial literacy/home preservation. These will be offered virtually, in person, and in Spanish, with an expected average of 20 attendees per session. They will also provide one-on-one counseling to help individuals prepare for homeownership by addressing debt, credit, and financial health.
Project Workplan/Project Timeframe: Based on the scope of work, eligible activities, deliverables, and timelines will be as follows:
Task Deliverables Timeline Grant Funds Leverage
Task 1: Displacement Avoidance Plan - Administration and Oversight A) Invoicing, data tracking,
and program specific
management including
reoccurring meetings with
grantee, subcontractors
and project Subrecipients
A) Progress reports
and bi-monthly
invoices Month 1-
Project
Completion
Period
$0 $0
Task 3: Homebuyer Counseling and Education Programs
A) VCCDC will coordinate
City of Bakersfield
community engagement
A) Bimonthly
summary report of
outreach
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 A - 2
team to promote programs
through social media,
attending events, hosting
workshops and hosting an
Annual Homeownership
Conference, including:
-Digital Engagement:
VCCDC will post on social
media (including a 30-day
paid ad on social media
per year). VCCD will also
send email blasts every
other month or as needed.
-Community Events:
VCCDC will attend
approximately 12
community events per
year including community
engagement meetings
with the TCC/Southeast
Strong Collaborative.
-Radio Messaging: VCCDC
will purchase a two-week
radio ad to promote the
Annual Housing
Conference.
conducted
(overview of
methods,
dates/locations, and
potential contacts
identified)
Flyer distribution,
social media,
workshops,
conferences and
task implementation
Month 1-
Project
Completion
Period
$103,559.60 $0
B) VCCDC will host 10
workshops (5 Homebuyer
and 5 Financial
Literacy/Home
Preservation) per year
(approximately 51 total
workshops). Workshops will
be conducted in virtual
format, in-person format,
and in Spanish language.
VCCDC anticipates an
average of 20 attendees
per workshop.
B) Bimonthly
summary report of
outreach
conducted
(overview of
methods,
dates/locations, and
potential contacts
identified)
Flyers, brochures,
informational
packets, agendas
C) One-on-one counseling
aimed at preparation for
Homeownership
opportunities that include
debt, credit score, and
establishing financial
health habits. Provide
ongoing financial literacy
and home preservation
C) Summary of Oneon-one counseling
sessions, and/or
workshop materials
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 A - 3
workshops. VCCDC will be
offering 5 financial
literacy/home preservation
workshops on an annual
basis. VCCDC anticipates
10 attendees per
workshop.
Budget Narrative: As part of the Displacement Avoidance Plan, VCCDC will receive ONE HUNDRED AND THREE THOUSAND FIVE HUNDRED AND FIFTY-NINE DOLLARS 60/100 ($103,559.60) to complete their deliverables. A summary budget is as follows:
COST
CATEGORY
COST
DESCRIPTION
COST PER
UNIT ($)
UNITS TOTAL
PROJECT
COST
TOTAL
TCC
GRANT
FUNDS
TOTAL
LEVERAGE
Direct Costs Homebuyer
Education
Workshops -
Staff Time
Hourly rate
plus benefits
(approx. 8
Hours) per
employee
$30.82 208 $6,410.56 $6,410.56
Direct Costs Homebuyer
Education
Workshops -
Staff Milage
reimbursement
$0.67 12,240 $8,200.80 $8,200.80
Direct Costs Homebuyer
Education
Workshops -
Supplies
$50.00 26 $1,300.00 $1,300.00
Direct Costs Homebuyer
Education
Workshops -
Meal
replacement
(food/bevera
ge for
attendees)
$243.00 26 $6,318.00 $6,318.00
Direct Costs Financial
Literacy, Home
Preservation
Workshops
Workshops -
Staff Time
Hourly rate
plus benefits
$30.82 100 $3,082.00 $3,082.00
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 A - 4
(approx. 4
Hours) per
employee
Direct Costs Homebuyer
Education
Workshops -
Supplies
$25.00 25 $625.00 $625.00
Direct Costs Homebuyer
Education
Workshops -
Meal
replacement
(food/bevera
ge for
attendees)
25 Indirect
Costs
Indirect Costs $2,100.00 5 $10,500.00 $9,000.00 $1,500.00 Direct Costs Marketing and
Outreach:
Hourly rate
and Benefits to
Design and
Promote
Counseling
and
Education,
including
Flyers, Social
media posts
and email
blasts (every
other month or
as needed),
and annual
30-day paid
ads.
$2,411.92 5 $12,059.60 $10,000.00 $2,059.60
Direct Costs Homeownershi
p Conference
Events (Total of
5): Expenses
include:
Venue,
Extensive
Marketing/Adv
ertising,
Breakfast for
50 staff/volunteer
s, lunch for 300
people,
banners/mater
ials, mileage
$20,000.00 5 $100,000.00 $100,000.00
Direct Costs Lending and
Homeownershi
p Counseling
and Project
Manager
$125.00 155 $19,375.00 $19,375.00
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 A - 5
(Hourly Units).
Costs include
salary and
benefits
Direct Costs Outreach
Coordinator
(.2 FTE): Salary
and benefits.
Tasks include:
Dropping off
flyers,
attending
community
events,
connecting
with new and
existing
partners,
coordinating
workshop
speakers, and
securing
workshop
locations -
estimate of 8
hours/week.
$32.50 1821 $59,182.50 $59,182.50
Total $123,493.86
Invoicing Process: VCCDC shall submit bi-monthly invoices for all costs incurred within the previous two-month cycle for all cost related to the program’s implementation. Invoices shall be submitted using Exhibit “C” or an approved equivalent and shall provide all necessary backup documentation verifying the costs incurred, including, but not limited to timesheets, invoices, and purchase orders. VCCDC, and all subcontractors, shall maintain all records for a period of four years after completion of the project. All invoices shall be submitted by the 10th day of the month following the completion of the bi-monthly invoice period for which costs were incurred, and reimbursement is being requested.
Reporting Requirements: VCCDC agrees to submit bi-monthly progress to support the CITY’s ongoing efforts to report all expenditure and reporting progress to the Strategic Growth Council and the Department of Conservation, as well as information for the annual reporting of objectives as stated in Exhibit “D” and Exhibit “E”.
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 B - 1
EXHIBIT "B"
BI-MONTHLY INVOICE FORM
[TO BE PRINTED ON GRANTEE LETTERHEAD]
Date:
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - BIMONTHLY INVOICE SUMMARY
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates:[START
DATE] [END DATE]
Authorized Signatory: (Name) (Position)
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature: Date:
TCC Grant Element Amount
Grantee Costs
Project #1
Project #2
Project #3
Project #4
Project #5
Project #6
Project #7
Project #8
Community Engagement Plan
Displacement Avoidance Plan
Workforce Development and Economic Opportunities
Plan
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 B - 2
Indicator
Tracking
Plan
TOTAL to be reimbursed this Period $-
Advance Pay Deduction
Total Reimbursement Requested $-
Total Budget
Total Invoiced to Date
Amount Remaining $-
Advance Pay Summary
Advance
Received
Advance
Balance
Current
Invoice Total
Amount Paid
Via Invoice
Remaining
Advance
Balance
Interest
Earned
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 B - 3
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - INVOICE DETAIL
Complete this form for Grantee Costs, Funded Projects, Indicator Tracking Costs and Transformative Plans.
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates: [START
DATE] [END DATE]
[Insert Grantee Costs, Indicator Tracking, TCC
Project # and Name, or Transformative Plan
Name] Lead Entity: [Insert name]
TASK Cost
Description/Category Amount
Supporting
Documentation/Page
#
1 Subtotal $-
2 Subtotal $-
3 Subtotal $-
4 Subtotal $-
Travel
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 B - 4
Subtotal $-
Equipment
Subtotal $-
Indirect/Overhead
Subtotal $-
SUBTOTAL FOR THIS
PERIOD $-
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 C - 1
EXHIBIT "C"
SUBRECIPIENT shall comply with all municipal, state, and federal laws now in force, or which may hereafter be in force, pertaining to this Agreement, specifically including but not limited to the following, if applicable:
➢ SCOPE OF WORK: Exhibit A of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council ➢ BUDGET AND SCHEDULE OF DELIVERABLES: Exhibit B of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ SPECIAL TERMS AND CONDITIONS: Exhibit C of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ TCC PROJECT AREA MAP: Exhibit D-1 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council ➢ TRANSFORMATIVE PLANS SUMMARY: Exhibit D-2 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council (to be inserted with transformative plans)
➢ INVOICING AND REPORTING TEMPLATES: Exhibit D-3 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ INDICATOR TRACKING TABLES: Exhibit D-4 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-5 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ AUTHORIZED SIGNATORY TEMPLATE: Exhibit D-6 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-7 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 C - 2
➢ TCC GRANTEE PUBLICITY GUIDELINES: Exhibit D-8 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ TCC PARTNERSHIP AGREEMENT: Exhibit D-9 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CERTIFICATE OF COMPLIANCE WITH RUSSIAN SANCTIONS: Exhibit D-10 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
(Copies of the above provided upon request)
_________________________________________________
SUBRECIPIENT’s Acknowledged Review
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 D - 1
EXHIBIT "D"
BI-MONTHLY REPORTING FORM
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature: Date:
1. Summarize the administrative work (Grantee Direct and Indirect/Overhead Costs) completed by the Grantee during the reporting period:
Grantee Activities Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) • Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 D - 2
2. Summarize the work completed during reporting period. Insert one table for each Funded Project and Transformative Plan.
[INSERT NAME OF FUNDED PROJECT OR PLAN] Lead Entity: [INSERT] Tasks Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
3. Summarize the Indicator Tracking work completed during the reporting period:
[INSERT ITP 1 or 2] Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
Total $
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 E - 1
EXHIBIT "E"
ANNUAL REPORTING FORM
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
ANNUAL PROGRESS REPORT
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement. By signing this progress report, I also certify the information provided in the following annual deliverables:
• Annual Leverage Funding Report
• Annual Equipment Inventory Record
Signature: Date:
Please respond to the following questions in 1-3 paragraphs, or with clear bullet points:
Success Stories and Lessons Learned
1. Summarize the major grant milestones completed in the last year.
2. Please share any other success stories from the Project Area, and provide links to related media, as applicable.
3. Describe any “lessons learned” in this past year. Specifically highlight any lessons that may help current grantees, future applicants, or the State, in continued implementation of the projects, and program, respectively.
Challenges and Areas for Improvement
For each question below, please elaborate on: a) steps that the Grantee or Subrecipients are taking to improve, or b) actions or assistance needed from the State, as applicable.
4. Discuss any challenges experienced while implementing the grant.
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 E - 2
5. Describe any issues faced when working with the technical assistance providers and/or program evaluation consultants.
6. Describe any concerns related to administering the grant and/or working with the State.
Leverage Projects
7. Summarize each Leverage Project’s milestones and deliverables completed in the last year.
8. Summarize the leverage projects that have not met their planned milestones or timelines for the year. Describe the adjusted new timeline.
9. Describe any challenges and/or issues faced with implementing or monitoring standalone leverage projects.
Additional TCC-Related Investments
List any new, additional investments generated by the TCC grant or extended leverage commitments adopted after TCC grant execution. Only include additional leverage funding that was not originally included in the grant agreement.
Leverage
Project or
New
Investment
Funding Source New Amount
Committed ($)
Dates
Committed
Description of
Project or New
Investment
(include
reference links,
if available)
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 Certificate Of Completion
Envelope Id: E08FEE12-90DE-4F62-BFFE-D5760C526D94 Status: Completed Subject: Complete with Docusign: TCC VCCDC DAP Partner Agreement_v3.pdf Source Envelope:
Document Pages: 29 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 1 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
6/19/2025 2:21:00 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
Berta Garcia
[email protected]
Executive Director
VENTURA COUNTY COMMUNITY
DEVELOPMENT CORPORATION
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 172.118.172.112
Signed using mobile
Sent: 6/19/2025 2:23:37 PM
Resent: 7/1/2025 3:44:03 PM
Viewed: 7/1/2025 3:48:16 PM
Signed: 7/1/2025 3:48:24 PM
Electronic Record and Signature Disclosure:
Accepted: 7/1/2025 3:48:16 PM
ID: 36681dbf-eb51-438e-8b6a-24ecfe49f53b
Jennifer M. Byers
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 7/1/2025 3:48:26 PM
Viewed: 7/1/2025 3:54:55 PM
Signed: 7/1/2025 3:55:11 PM
Electronic Record and Signature Disclosure:
Accepted: 5/26/2023 10:13:24 AM
ID: ab9ab9e6-74d8-43a0-b6e5-e1f3271042ea
Jena Covey
[email protected]
RISK MANAGER
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 7/1/2025 3:55:13 PM
Viewed: 7/2/2025 8:33:32 AM
Signed: 7/2/2025 8:52:15 AM
Electronic Record and Signature Disclosure:
Accepted: 7/2/2025 8:33:32 AM
ID: 41efd989-6fae-4fb9-a27d-f0b58258603f
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 6/19/2025 2:23:37 PM
Certified Delivered Security Checked 7/2/2025 8:33:32 AM Signing Complete Security Checked 7/2/2025 8:52:15 AM
Completed Security Checked 7/2/2025 8:52:15 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: July 2, 2025
SUBJECT: Transportation Impact Fee credit agreement with Summit Capital Ventures, Inc. (not to exceed $344,614.36).
for improvements constructed on South Allen Road to full 1/2 width of the north bound lane and one lane in the south bound side between White Lane and Muirlands Parkway; Tract 7376 Phase3, Tract 7395 Phase 2, Tract 7468 Phases 1 and 2. (Ward 5) RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Metropolitan Bakersfield Transportation Impact Fee program assures that new development bears a proportionate share of the cost of capital expenditures necessary to provide a regional transportation system consistent with the Circulation Element of the Metropolitan Bakersfield General Plan. Funds collected from transportation impact fees are used for the purpose of capital improvements to the transportation facilities contained within the Regional Transportation Facilities (RTI F) List. The Phase III RTIF list was adopted December 17, 2008 (Resolution 218-08). Such improvements shall be of the type as are made necessary by new development, including, but not limited to widening of roadways or installation of a traffic signal. No funds generated by the program are used for periodic or routine maintenance.
When a developer is required to construct an improvement that is on the Regional Transportation Facilities List, the developer is eligible to receive a credit against the traffic impact fees for that project.
The developer must submit a credit request, project description, and a complete cost estimate consistent with the unit costs established by the facilities list.
As a requirement of development of Tract Map 7376, Summit Capital Ventures, Inc. has constructed South Allen Road to full 1/2 width on the north bound lane between White Lane and south tract boundary of Tract 7376 and one southbound lane Muirlands Parkway and the south tract boundary of Tract 7376. The City has listed these improvements on the Phase IV Regional Facilities List as required facilities for the orderly development of the transportation infrastructure required by the expected development of the Metropolitan Bakersfield General Plan. The City has budged $344,614.36 for the construction of these improvements. Summit Capital Ventures, Inc wishes to receive a transportation impact fee credit (not to exceed $344,614.36) for the construction of the above-listed improvement. The credit will be applied to Tract 7376 Phase 3, Tract 7395 Phase 2, and Tract 7468 Phases 1 & 2 as listed on Exhibit C.
FISCAL IMPACT:
The credit is given to cover future transportation impact fees in exchange for work completed by the developer that is on the Regional Transportation List. There is no impact to the City’s General Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
TIF Credit Agreement
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 25, 2025
SUBJECT: Assignment of Long-Term Ground Lease Agreement No. 07-291 (1) for Hangar D3 to assign the rights and obligations of John Mackessy to Hamed Allen.
RECOMMENDATION:
Staff Recommends approval of Assignment.
BACKGROUND:
On the October 25, 2006 City Council Meeting, Agreement No. 06-323 was approved establishing the Long-Term Ground Lease Agreement with the original leaseholder, Harry Hackney.
On August 15, 2007, the City Council approved Agreement No. 07-291 which assigned the Long-Term Ground Lease Agreement with the original leaseholder, Harry Hackney, to John Mackessy.
John Mackessy desires to assign rights and obligations of the Long-Term Ground Lease to Hamed Allen.
The Long-Term Ground Lease Agreement allows for this assignment. The $200 processing fee required by the agreement has been paid. This assignment will transfer all ground lease terms to Hamed Allen, including the monthly rent of $60.
FISCAL IMPACT:
As this is a lease that generates revenue for the Aviation Fund, there is no Fiscal Impact to the General Fund.
COUNCIL GOAL:
Economic Opportunity for All
ATTACHMENTS:
1. John Mackessy-Hamed Allen Long-Term Ground Lease
2. John Mackessy Long-Term Ground Lease 07-291 Exhibit A Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4 Docusign Envelope ID: 7DEDB204-3933-4127-860B-F26E63B780C4
ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: July 23, 2025
SUBJECT: Amendment No. 2 to Agreement No. 95-153
with Richard Osborn, Jr. (extend term to May 31, 3030) for Bakersfield Municipal Airport Long-Term Ground Lease Agreement for Hangar Space A-10. (Ward 1) RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
The Long – Term Ground Lease Agreement for hangar A-10, currently leased to Richard Osborn, Jr., has completed the full term and terminated on May 31, 2025. At the end of the term, the lease agreement allowed Richard Osborn, Jr., to remove Hangar A-10 at his expense.
It is desirable for Hangar A-10 to remain at the airport so that it can continue to have aviation-related use under airport ownership. This extension will allow the airport to continue to lease Hangar A-10 to produce income that can be used to pay for airport expenses and maintenance.
Staff recommends one (1) additional five (5) – year extension in exchange for the addition of a reversion clause at the end of the five (5) – year extension. That would allow the hangar to become property of the City at the end of the (5) – year lease, and the City would then rent out the hangar at the fair market rate for the remaining life of the hangar. Richard Osborn, Jr. benefits because he would only pay the land lease rate (which is a lower rate) for the next five (5) years and not the fair market rental rate.
FISCAL IMPACT:
As this is a lease that generates revenue, the revenue covers the cost therefore, there is no fiscal impact to the General Fund.
COUNCIL GOAL:
Economic Opportunity for All
Reliable Infrastructure
ATTACHMENTS:
Amendment
S:\Airport 2\Hangar - Tie Down - Shade Lease Agrmt\Richard Osborn Amendment No. 2 to Agreement No. 95-153.docPage 1 of 3 AGREEMENT NO. 95-153 (2)
AMENDMENT NO. [2] TO
AGREEMENT NO. 95-153
This AMENDMENT NO. TWO (2) TO AGREEMENT NO. 95-153 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as “LESSOR”), and RICHARD OSBORN, JR. an individual (referred to herein as “LESSEE”).
R E C I T A L S
WHEREAS, on June 14, 1995, LESSOR and Richard Osborn, Jr. entered into Agreement No. 95-153 to lease Hangar Building A10 at the Bakersfield Municipal Airport located at 2000 S. Union Avenue, Bakersfield, California (“Airport”); and WHEREAS, on June 3, 2015, LESSOR and LESSEE entered into Amendment No. One (1) to Agreement No. 95-153 to provide LESSEE options to renew and extend the lease term for two (2) additional five (5) year periods, and to add a provision governing the payment of utilities; and
WHEREAS, LESSOR has offered and LESSEE has agreed to exercise one (1) additional five-year extension to the Lease Term for Hangar A10; and WHEREAS, as a condition of extending the Lease Term, LESSOR requested to add a reversion clause governing ownership of improvements at termination of the Lease; and
WHEREAS, LESSEE has requested to have the first option to lease Hangar A10 from the LESSOR at a rate determined by the LESSOR at the end of the Term of the Lease; and
WHEREAS, LESSOR and LESSEE therefore desire to extend the Term of Lease Agreement No. 95-153 for one (1) additional five (5)-year extension, with a reversion clause and a first option to lease Hangar A10 at lease termination, as set forth in this Amendment No. 2.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and LESSEE mutually agree as follows:
1. Section 12 of Agreement No. 95-153 entitled “Removal of Improvements at Termination” is hereby amended to read as follows:
Docusign Envelope ID: EF5BA2E9-AD8D-4D63-8383-11CAA3CC1203 S:\Airport 2\Hangar - Tie Down - Shade Lease Agrmt\Richard Osborn Amendment No. 2 to Agreement No. 95-153.docPage 2 of 3
12. REMOVAL OF IMPROVEMENTS AT TERMINATION. At the end of the term of this Lease, or any extension, all improvements shall become the property of LESSOR. LESSEE, in compliance with Section 21 – Assignment/Subletting, will have the first option to lease the hangar from the LESSOR when this Lease terminates, at a new term and rate determined by the LESSOR. If LESSEE chooses not to rent the property from the LESSOR then LESSEE shall vacate the property at Lease termination, leave the Premises broom clean and in good condition excepting normal wear and tear. LESSEE shall, at the option of LESSOR, remove all improvements at the end of the term if notified in writing by LESSOR to do so at least thirty (30) days before the end of the term.
2. The paragraph of Agreement No. 95-153 entitled “Extensions” that was added by Amendment No. 1 is hereby numbered Section 39 and is hereby amended to read as follows:
39. EXTENSIONS. Provided LESSEE is not in default in any of the terms, covenants and conditions of this Lease, and provided LESSOR desires to continue the use of the airport, LESSOR does hereby grant to LESSEE three (3) options to renew and extend this Lease.
The options shall be for three (3) five (5) year periods for a total of fifteen (15) years following the initial Term set forth in Section 2.
After exercising all options to extend, the Lease shall expire on May 31, 2030. LESSEE shall exercise said options by giving LESSOR written notice of its intention do so not less than sixty (60) days, but not more than ninety (90) days, prior to the expiration of the term of this lease. All terms, covenants and conditions of this Lease, excepting the rental consideration, shall remain in full force and effect during any extension hereof. Should LESSOR decide to stop using the premises as an airport, no extension shall be granted.
3. Except as amended herein, all provisions of Agreement No. 95-153 shall remain in full force and effect.
Docusign Envelope ID: EF5BA2E9-AD8D-4D63-8383-11CAA3CC1203 S:\Airport 2\Hangar - Tie Down - Shade Lease Agrmt\Richard Osborn Amendment No. 2 to Agreement No. 95-153.docPage 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 95-153 to be executed the day and year first above written.
“LESSOR” “LESSEE”
CITY OF BAKERSFIELD Richard Osborn, Jr.
By:________________________ By:________________________
KAREN GOH
Mayor
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:____________________________
ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
ASHLEY ZAMBRANO
Deputy City Attorney
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: EF5BA2E9-AD8D-4D63-8383-11CAA3CC1203 Certificate Of Completion
Envelope Id: EF5BA2E9-AD8D-4D63-8383-11CAA3CC1203 Status: Completed Subject: Complete with Docusign: Richard Osborn Amendment No. 2 to Agreement No. 95-153.pdf Source Envelope:
Document Pages: 3 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
6/30/2025 3:48:52 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
Richard Osborne
[email protected]
Pilot
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 2a02:26f7:b20c:4000:6800::3
Signed using mobile
Sent: 6/30/2025 3:52:22 PM
Viewed: 6/30/2025 5:20:03 PM
Signed: 7/4/2025 1:42:45 PM
Electronic Record and Signature Disclosure:
Accepted: 6/30/2025 5:20:03 PM
ID: f32c1b89-62c6-414c-acdd-03a32ea9e52f
Zachary Meyer
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 7/4/2025 1:42:46 PM
Viewed: 7/8/2025 9:35:38 AM
Signed: 7/8/2025 9:35:52 AM
Electronic Record and Signature Disclosure:
Accepted: 7/8/2025 9:35:38 AM
ID: cfc74597-9166-4836-a9e8-f1f951813fc0
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 6/30/2025 3:52:22 PM
Envelope Summary Events Status Timestamps
Certified Delivered Security Checked 7/8/2025 9:35:38 AM Signing Complete Security Checked 7/8/2025 9:35:52 AM
Completed Security Checked 7/8/2025 9:35:52 AM
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: Richard Osborne, Zachary Meyer
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ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: July 10, 2025
SUBJECT: Amendment 7 to Agreement No. 2020-004 with Superion LLC (increase $350,000, revised not to exceed $1,889,722)
for ongoing software maintenance services for the city’s licensed programs as well as the development, installation, and staff training of various supporting applications.
RECOMMENDATION:
Staff recommends approval of this agreement
BACKGROUND:
The City continues to use select Superion, LLC products for various municipal automation systems. The City first entered into Agreement No. 2020-004. Systems and processes included within this suite of tools include, but are not limited to, cash receipts, asset management, fleet management, land management, accounts receivable, purchasing/inventory, payroll and other programs.
In August 2024, the City entered into Amendment 6 to Agreement No. 2020-004 to increase compensation to allow for an additional year of maintenance for various supporting applications. The City desires to further amend Agreement 2020-004 to increase compensation by $350,000, revised not to exceed $1,8889,722, and extend the term to March 7, 2027.
FISCAL IMPACT:
Technology Services has sufficient funding within its budget for Fiscal Year 2025-2026.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Amendment
AMENDMENT TO AGREEMENT
Y:\2021 Customers\Bakersfield, CA\2025 (SR-125673) Amendment 7_Renewal\Bakersfield_CA_Amendment 7 To Agreement 2020-004 (002).doc
Updated – August 15, 2022
-- Page 1 of 4 Pages --
AGREEMENT NO. __________________
AMENDMENT NO. [7] TO
AGREEMENT NO. 2020-004
This AMENDMENT NO. 7 TO AGREEMENT NO. 2020-004 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and SUPERION LLC, A CENTRALSQUARE TECHNOLOGIES, LLC company authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on January 8, 2020, the CITY and CONTRACTOR entered into Agreement No. 2020-004 in an amount not to exceed $300,000 for ongoing software maintenance services for the CITY’s Licensed Programs as well as the development, installation, and staff training of various supporting applications; and
WHEREAS, on August 12, 2020, the CITY and CONTRACTOR entered into Agreement No. 2020-004(1) in an amount not to exceed $572,000.00 to allow for additional maintenance and development, installation, and staff training of various supporting applications; and
WHEREAS, on June 2, 2021, the CITY and CONTRACTOR entered into Agreement No. 2020 (02) in an amount not to exceed $586,000.00 to allow for the purchase of Naviline Building Permits Electronic Plan Review and additional maintenance services; and
WHEREAS, on March 16, 2022, the CITY and CONTRACTOR entered into Agreement No. 2020-004 (3) in the amount not to exceed $880,000 to allow for an additional year of maintenance and development, installation, and staff training of various supporting applications; and
WHEREAS, on May 24, 2023, the CITY and CONTRACTOR entered into Agreement No. 2020-004(4) in the amount not to exceed $895,500.00 to allow for an additional year of maintenance and development, installation, and staff training of various supporting applications; and
WHEREAS, on August 23, 2023, the CITY and CONTRACTOR entered into Agreement No. 2020-004(5) in the amount not to exceed $1,209,363.00 to allow for an additional year of maintenance of various supporting applications; and 2020-004
Docusign Envelope ID: 98BDE28E-9557-478B-8428-0DEBC2B3CA2A
AMENDMENT TO AGREEMENT
Y:\2021 Customers\Bakersfield, CA\2025 (SR-125673) Amendment 7_Renewal\Bakersfield_CA_Amendment 7 To Agreement 2020-004 (002).doc
Updated – August 15, 2022
-- Page 2 of 4 Pages --
WHEREAS, on September 11, 2024, the CITY and CONTRACTOR entered into Agreement No. 2020-004(6) in the amount not exceed $1,539,722 to allow for an additional year of maintenance of various supporting applications; and WHEREAS, the parties desire to further amend Agreement No. 2020-004 to increase compensation by $350,000 to allow for an additional year of maintenance of various supporting applications as set forth in new Exhibit J attached hereto and incorporated herein by reference.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 1 of Agreement No. 2020-004 entitled “SCOPE OF WORK” is hereby amended to read as follows:
1. SCOPE OF WORK. In exchange for Compensation (defined below), CONTRACTOR shall provide the following: Ongoing Software maintenance services for the Licensed Programs as set forth in Exhibit A, and Development, Installation, and training as set forth in Exhibits B and C, Naviline Building Permits Electronic Plan Review Interface License fee, development, installation, and staff training as set forth in Exhibit D, and Naviline Web Enablement License fee as set forth in Exhibit E, and Transaction Manager Emergency Extension as set forth in Exhibit F, and Public Administration Development Services and Project Management Services as set forth in Exhibit G. Exhibits A through J, attached hereto and incorporated herein shall collectively comprise the Scope of Work.
2. Section 2 of Agreement No. 2020-004 entitled
“COMPENSATION/PAYMENT” is hereby amended to read as follows:
2. COMPENSATION/PAYMENT PROCEDURE. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED ONE MILLION, EIGHT HUNDRED, EIGHTY NINE THOUSAND, SEVEN HUNDRED, TWENTY TWO DOLLARS ($1,889,722). 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-ofpocket costs and taxes. CITY will pay no other compensation to CONTRACTOR.
3. Section 3 of Agreement No. 2020-004 entitled “TERM” is hereby amended to read as follows:
3. TERM. Unless terminated sooner, as set forth herein, this Agreement Docusign Envelope ID: 98BDE28E-9557-478B-8428-0DEBC2B3CA2A
AMENDMENT TO AGREEMENT
Y:\2021 Customers\Bakersfield, CA\2025 (SR-125673) Amendment 7_Renewal\Bakersfield_CA_Amendment 7 To Agreement 2020-004 (002).doc
Updated – August 15, 2022
-- Page 3 of 4 Pages --
shall terminate on March 7, 2027.
4. Except as amended herein, all provisions of Agreement No. 2020-004 shall remain in full force and effect.
Docusign Envelope ID: 98BDE28E-9557-478B-8428-0DEBC2B3CA2A
AMENDMENT TO AGREEMENT
Y:\2021 Customers\Bakersfield, CA\2025 (SR-125673) Amendment 7_Renewal\Bakersfield_CA_Amendment 7 To Agreement 2020-004 (002).doc
Updated – August 15, 2022
-- Page 4 of 5 Pages --
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 7 to Agreement No. Agreement 2020-004 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD SUPERION LLC A CENTRALSQUARE
COMPANY
By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: _______________________
Title:___________________________
APPROVED AS TO CONTENT:
TECHNOLOGY SERVICES DEPARTMENT
By:____________________________
GREGORY PRONOVOST
Technology Services Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
VIRGINIA GENNARO
City Attorney
Insurance:____________
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
Steve Castle
Director, Renewals
Docusign Envelope ID: 98BDE28E-9557-478B-8428-0DEBC2B3CA2A
AMENDMENT TO AGREEMENT
Y:\2021 Customers\Bakersfield, CA\2025 (SR-125673) Amendment 7_Renewal\Bakersfield_CA_Amendment 7 To Agreement 2020-004 (002).doc
Updated – August 15, 2022
-- Page 5 of 5 Pages --
Attachment: Exhibit J – 2025 Annual Maintenance
Docusign Envelope ID: 98BDE28E-9557-478B-8428-0DEBC2B3CA2A Product 8/1/25 - 7/31/26
Cognos BI: Administrator Annual Maintenance Fee $2,946.15 Fusion APIs Annual Maintenance Fee $5,750.13
Fusion Proprietary Annual Subscription Fee $5,215.53
LG Address Manager Annual Maintenance Fee $3,927.41
LG Viewer Annual Maintenance $4,904.07
LG Web Annual Maintenance Fee $6,538.75
LG Work Orders Annual Maintenance Fee $3,925.40
Modifications Annual Maintenance Fee $5,000.00
NaviLine Accounts Receivable-Annual Maintenance Fee $11,085.88 NaviLine Building Permits Annual Maintenance Fee $12,716.16 NaviLine Building Permits Electronic Plan Review Interface Annual Maintenance Fee $429.24 NaviLine Business Licenses Annual Maintenance Fee $10,660.20 NaviLine Cash Receipts-Annual Maintenance Fee $7,780.06 NaviLine Click2Gov3 Building Permits Annual Maintenance Fee $5,090.10 NaviLine Click2Gov3 Business Licenses Annual Maintenance Fee $4,736.85 NaviLine Click2Gov3 Core Annual Maintenance Fee $2,182.77 NaviLine Click2Gov3 Customer Information System Annual Maintenance Fee $3,206.22 NaviLine Click2Gov3 Employee Self Service Annual Maintenance Fee $2,008.74 NaviLine Click2Gov3 Wireless Building Permits Annual Maintenance Fee $3,206.22 NaviLine Click2Gov3 Wireless Code Inspections Annual Maintenance Fee $7,082.71 NaviLine Code Enforcement Annual Maintenance Fee $7,988.36 NaviLine Community Imaging Interface Annual Maintenance Fee $2,228.06 NaviLine Community Imaging Interface Annual Maintenance Fee $2,228.06 NaviLine Customer Information System Annual Maintenance Fee $11,239.86 NaviLine Document Management Services Annual Maintenance Fee $1,838.59 NaviLine Financials Imaging Interface Annual Maintenance Fee $2,228.06 NaviLine Fixed Assets-Annual Maintenance Fee $6,810.94
NaviLine Global Financials Annual Maintenance Fee $0.00 NaviLine GMBA w/Extended Reporting Annual Maintenance Fee $30,567.71 NaviLine Human Resources Annual Maintenance Fee $9,173.28 NaviLine Land/Parcel Mgmt-Annual Maintenance Fee $10,850.42 NaviLine Payroll/Personnel-Annual Maintenance Fee $17,905.89 NaviLine P-Card Annual Maintenance Fee $1,691.71
NaviLine Planning & Engineering Annual Maintenance Fee $17,507.35 NaviLine Purchasing/Inventory-Annual Maintenance Fee $17,996.46 NaviLine RecTrac Interface to CR Annual Maintenance Fee $633.99 NaviLine RecTrac Interface to GM Annual Maintenance Fee $633.99 NaviLine Standard Interface to GMBA Annual Maintenance Fee $2,871.09 NaviLine Time & Attendance Interface-Generic Annual Maintenance Fee $877.62 NaviLine User Interface Annual Maintenance Fee $0.00
NaviLine Utilities Imaging Interface Annual Maintenance Fee $2,228.06 NaviLine Web Enablement Annual Maintenance Fee $326.69
NaviLine Web Enablement Annual Maintenance Fee $326.69
NaviLine Work Orders/Facility Management Annual Maintenance Fee $18,675.74 $275,221.21
Product 10/1/25 - 9/30/26
NaviLine Remote Service Processing Annual Access Fee USD 0.00 NaviLine High Availability Annual Maintenance Fee USD 5,951.81 NaviLine High Availability Annual Maintenance Fee USD 2,879.91 NaviLine High Availability Managed Annual Subscription Fee USD 61,410.33 USD 70,242.05
Exhibit J
Docusign Envelope ID: 98BDE28E-9557-478B-8428-0DEBC2B3CA2A
ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic & Community Development Director DATE: July 7, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2024-142 with Open Door Network (increase compensation by $39,400, revised not to exceed $293,076.79) for workforce development.
RECOMMENDATION:
Staff recommend approval of the amendment.
BACKGROUND:
The City of Bakersfield’s adopted Economic Development Strategic Plan (EDSP) focuses economic development and workforce development goals towards enhancing the City’s interface with education/workforce development partners. To support EDSP goals and lasting economic recovery and long-term employment, the city has an opportunity to mitigate barriers to employment that predated— but have been exacerbated by the pandemic – such as occupational training and career pathways. The pandemic has also led many adults to search for employment in new fields.
The City of Bakersfield received a direct allocation of American Rescue Plan Act (ARPA) funding to address the negative economic impacts of the COVID-19 pandemic. The city desired to use this funding to implement programs to focus on economic recovery and revitalization, particularly within its disadvantaged communities and Qualifying Census Tracts (QCTs).
On January 26, 2024, the Economic and Community Development Department posted a Notice of Funding Availability (NOFA) for Pathways to Innovation: City of Bakersfield’s Workforce Development Program, with an application deadline of February 26, 2024. In response to this NOFA, The Open Door Network submitted a proposal to provide subrecipient Workforce Development services under the ARPA framework and entered into Agreement No. 2024-142 with the City on June 12, 2024, in the amount of $253,676.79.
On July 9, 2025, Council terminated Agreement 2024-140 between the city and another workforce development partner Locked-in Mindset in the amount of $39,400 in ARPA funding. ARPA regulations require reallocated funding to stay within the same scope of work as originally approved in the ARPA framework. Therefore, this $39,400 allocation must be reallocated to another ARPA Workforce Development Program.
With the additional funds provided by the Amendment, Open Door Network Staff will provide supplementary staff training for motivational interviewing and case management, allowing even more specialized services for participants who may not have otherwise elected to participate in these services.
Open Door Network Staff also anticipate an increase in advertising to promote outreach and awareness of the program, as well as participant incentives to enhance engagement and participation in the program.
To date, The Open Door Network has submitted nine months of reports and invoices (totaling $55,992.66). Program outcomes have included identifying and creating workshops and resources to effectively serve program participants in job training, readiness, and other coaching methods and establishing numerous working relationships with local employers to promote collaboration and talent pools. Open Door Network Staff has successfully managed 20 active participants by providing them with individual assistance with resumes, job applications, and interview preparation. Therefore, City Staff recommend approval of the Agreement Amendment.
FISCAL IMPACT:
No fiscal impact; this program is funded through the American Rescue Plan Act.
COUNCIL GOAL:
Economic Opportunity for All
ATTACHMENTS:
Agreement Amendment
Certificate Of Completion
Envelope Id: 2180DB78-0854-4338-816E-4DDAECB91E16 Status: Completed Subject: Complete with Docusign: AmendNo.1toAgrNo.2024-142.pdf Source Envelope:
Document Pages: 2 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk's Office
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[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
7/2/2025 4:33:15 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
LAUREN SKIDMORE
[email protected]
CEO
The Open Door Network
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(None)
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Electronic Record and Signature Disclosure:
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ID: 4d92c50f-1b0c-4624-b8aa-91cadb0ecc13
Jennifer M. Byers
[email protected]
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(None)
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Accepted: 5/26/2023 10:13:24 AM
ID: ab9ab9e6-74d8-43a0-b6e5-e1f3271042ea
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Electronic Record and Signature Disclosure
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ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: July 8, 2025
SUBJECT: Amendment 1 to Agreement 2022-174 with Wendale Davis Foundation (increase compensation $25,000, revised not to exceed $485,500 and extend term to June 30, 2026) to implement a Socioecological Model focused on using a public health approach to expand on the City’s gun violence reduction efforts.
RECOMMENDATION:
Staff recommend approval of the amendment.
BACKGROUND:
In July 2022, the Board of State and Community Corrections (BSCC) awarded the City of Bakersfield a multi-year California Violence Intervention and Prevention (CalVIP) Cohort 4 grant totaling $3,114,625 (Grant Award #BSCC 873-22). The grant supports the implementation of a Socioecological Model using a public health approach to enhance the City’s ongoing efforts to reduce gun violence. On August 31, 2022, the City entered into Agreement No. 2022-174 with the Wendale Davis Foundation, allocating CalVIP Cohort 4 funds to provide intervention, prevention, and mentoring services aimed at educating, motivating, and rehabilitating individuals at risk of gun violence.
The City of Bakersfield has continued to experience a decline in group-related gun violence, indicating the success of the program. BSCC recently extended the grant’s end date from December 31, 2025, to June 30, 2026. With this extension, the City was authorized to increase the Wendale Davis Foundation’s subgrant by $25,000, bringing the total not-to-exceed amount to $485,500.
To reflect these updates, both the City and the Wendale Davis Foundation wish to amend Agreement No. 2022-174 to modify the scope of work, increase the compensation, and extend the agreement term through June 30, 2026.
FISCAL IMPACT:
Funding for this agreement is derived solely from grant proceeds, therefore no impact to the General Fund.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
Amendment
AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 1 of 3 Pages --
AGREEMENT NO. 2022-174(1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 2022-174
This AMENDMENT NO. 1 TO AGREEMENT NO. 2022-174 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and WENDALE DAVIS FOUNDATION, a non-profit Corporation authorized to do business in California (referred to herein as “CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, in July 2022, the Board of State and Community Corrections (BSCC) awarded the City of Bakersfield a multi-year $3,114,625 California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873-22) to implement a Socioecological Model focused on using a public health approach to expand on the City’s gun violence reduction efforts; and
WHEREAS, on August 31, 2022, CITY and CONTRACTOR entered into Agreement No. 2022-174 utilizing CalVIP Cohort 4 funding for intervention, prevention, and mentoring services with a focus on educating, motivating, and rehabilitating individuals at risk of gun violence; and WHEREAS, BSCC recently extended the end date of the CalVIP Cohort 4 grant, from December 31, 2025, to June 30, 2026; and
WHEREAS, BSCC also recently authorized CITY to increase CONTRACTOR’s grant award amount by Twenty-Five Thousand Dollars ($25,000), for a new not to exceed amount of Four Hundred Eighty-Five Thousand Five Hundred Dollars ($485,500); and
WHEREAS, the Parties now desire to amend Agreement No. 2022-174 in order to modify the scope of work, increase the compensation, and extend the term to June 30, 2026.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51
AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 2 of 3 Pages --
1. Section 1 of Agreement No. 2022-174 entitled “SCOPE OF WORK” is hereby amended to add the following paragraphs:
1.13 Effectively document all program-related activities, including but not limited to contacts, outreach events, etc., within forty-eight (48) hours of the completion of that activity in CITY’s dedicated OVIP case management system.
1.14 CONTRACTOR will make at least three (3) contact attempts weekly for all referred individuals and active participants on their caseload.
Contact attempts will consist of a minimum of one (1) in-person interaction. All newly referred referrals must be contacted within seventy-two (72) hours of assignment.
2. Section 3 of Agreement No. 2022-174 entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:
3. COMPENSATION/PAYMENT PROCEDURE. Compensation for all work, services or products called for under this Agreement shall not exceed
FOUR HUNDRED EIGHTY-FIVE THOUSAND FIVE HUNDRED DOLLARS
($485,500) and is the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
3.1 In the event that expenditures submitted for reimbursement to CITY are determined to be ineligible expenses, per the BSCC Grant Administration Guide, CITY is not obligated to pay CONTRACTOR for reimbursement of ineligible expenses.
3.2 CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR' s itemized invoice. Invoices shall be accompanied with source documentation that support contract billings. Time and attendance reports must support hours charged. Travel vouchers detailing the purpose, time, and destination must support travel claims. Purchase orders, invoices, etc., must support operating expense claims. Dual compensation (i.e., payment to a party more than once for the same work) is specifically prohibited.
Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51
AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 3 of 3 Pages --
3. Section 4 of Agreement No. 2022-174 entitled “TERM” is hereby amended to read as follows:
4. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2026.
4. Section 10 of Agreement No. 2022-174 entitled “AUDIT REQUIREMENT” is hereby amended to read as follows:
10. AUDIT REQUIREMENT. The CITY, as grantee, is required to provide BSCC with a financial audit no later than June 30, 2026. The audit will be conducted between December 31, 2025, and June 30, 2026.
5. Except as amended herein, all provisions of Agreement No. 2022-174 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2022-174 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD WENDALE DAVIS FOUNDATION
By:____________________________ By:_________________________________
KAREN GOH DENISE DAVIS
Mayor COO
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
CITY MANAGER’S OFFICE VIRGINIA GENNARO
City Attorney
By:____________________________ By:____________________________
CHRISTIAN CLEGG VIRGINIA GENNARO
City Manager City Attorney
Insurance:____________
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
11/25/2024
25895
Wendale Davis Foundation (Nonprofit Corporation)
PO Box 11073
Bakersfield, CA 93389
29424
A 1,000,000
X NPP1605381C 8/6/2024 8/6/2025 100,000
5,000
1,000,000
2,000,000
Included
PROF ERRORS AND 2,000,000
A 1,000,000
NPP1605381C 8/6/2024 8/6/2025
B
X 76WEGAZ7TUM 8/25/2024 8/25/2025 1,000,000
1,000,000
1,000,000
CITY OF BAKERSFIELD, TTP Tournaments ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED UNDER
GENERAL LIABILITY PER ATTACHED FORM #391-1006 08 16, WITH PRIMARY WORDING PER ATTACHED FORM #391-1006 08 16.
WAIVER OF SUBROGATION FOR GENERAL LIABILITY APPLIES PER ATTACHED FORM #391-1006 08 16. WAIVER OF SUBROGATION FOR WORKERS COMPENSATION PER APPLIES PER ATTACHED FORM #WC 04 03 06.
ANY ENDORSEMENTS ATTACHED AND/OR DESCRIBED HEREIN APPLY WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS; SUBJECT TO STATUTE AND POLICY PROVISIONS.
City of Bakersfield
Office of Risk Management
1600 Truxtun Ave
Bakersfield, CA 93301
WENDDAV-02 SJENKINS
AP Intego Insurance Group, LLC
1601 Trapelo Rd Suite 280
Waltham, MA 02451 [email protected]
United States Liability Insurance Group
Hartford Casualty Insurance Company
X
X
X
X
X X
Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51 Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51 Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51 Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51 Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51 Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51 Docusign Envelope ID: D4562558-0068-4A10-A895-884F6AC86F51 Certificate Of Completion
Envelope Id: D4562558-0068-4A10-A895-884F6AC86F51 Status: Completed Subject: Complete with Docusign: Amendment 1 To Agreement 2022-174 WDF.pdf Source Envelope:
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[email protected]
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Record Tracking
Status: Original
7/3/2025 12:10:52 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
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Denise Davis
[email protected]
COO
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Christian Clegg
[email protected]
City Manager
City of Bakersfield
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Jena Covey
[email protected]
RISK MANAGER
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ADMINISTRATIVE REPORT
MEETING DATE: July 23, 2025 AGENDA CATEGORY: Consent --Agreement TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: July 8, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2022-199 with Community Action Partnership of Kern (increase compensation $85,000, revised not to exceed $663,731 and extend term to June 30, 2026) to implement a socioecological model focused on using a public health approach to expand on the city’s gun violence reduction efforts.
RECOMMENDATION:
Staff recommend approval of the amendment.
BACKGROUND:
In July 2022, the Board of State and Community Corrections (BSCC) awarded the City of Bakersfield a multi-year California Violence Intervention and Prevention (CalVIP) Cohort 4 grant totaling $3,114,625 (Grant Award #BSCC 873-22). The grant supports the implementation of a Socioecological Model using a public health approach to enhance the City’s ongoing efforts to reduce gun violence. On August 31, 2022, the City entered into Agreement No. 2022-199 on September 21, 2022, with the Community Partnership of Kern, allocating CalVIP Cohort 4 funds to provide intervention, prevention, and mentoring services aimed at educating, motivating, and rehabilitating individuals at risk of gun violence.
The City of Bakersfield has continued to experience a decline in group-related gun violence, indicating the success of the program. BSCC recently extended the grant’s end date from December 31, 2025, to June 30, 2026. With this extension, the City was authorized to increase the Community Action Partnership of Kern’s sub-grant by $85,000, bringing the total not-to-exceed amount to $663,731.
To reflect these updates, both the City and Community Action Partnership of Kern wish to amend Agreement No. 2022-199 to modify the scope of work, increase the compensation, and extend the agreement term through June 30, 2026.
FISCAL IMPACT:
Funding for this agreement is derived solely from grant proceeds, therefore no impact to the General Fund.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
Amendment
AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 1 of 3 Pages --
AGREEMENT NO. 2022-199(1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 2022-199
This AMENDMENT NO. 1 TO AGREEMENT NO. 2022-199 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and COMMUNITY ACTION PARTNERSHIP OF KERN, a non-profit corporation authorized to do business in California (referred to herein as “CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, in July 2022, the Board of State and Community Corrections’ (BSCC) awarded the City of Bakersfield a multi-year $3,114,625 California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873-22) to implement a Socioecological Model focused on using a public health approach to expand on the City’s gun violence reduction efforts; and
WHEREAS, on September 21, 2022, CITY and CONTRACTOR entered into Agreement No. 2022-199 utilizing CalVIP Cohort 4 funding for intervention, prevention, and mentoring services with a focus on educating, motivating, and rehabilitating individuals at risk of gun violence; and WHEREAS, BSCC recently extended the end date of the CalVIP Cohort 4 grant, from December 31, 2025, to June 30, 2026; and
WHEREAS, BSCC also recently authorized CITY to increase CONTRACTOR’s grant award amount by Eighty-Five Thousand Dollars ($85,000), for a new not to exceed amount of Six Hundred Sixty-Three Thousand Seven Hundred Thirty-One Dollars ($663,731); and
WHEREAS, the Parties now desire to amend Agreement No. 2022-199 in order to modify the scope of work, increase the compensation, and extend the term to June 30, 2026.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
Docusign Envelope ID: 8203EBD5-6574-4814-90DD-E434FC087111
AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 2 of 3 Pages --
1. Section 1 of Agreement No. 2022-199 entitled “SCOPE OF WORK” is hereby amended to add the following paragraphs:
1.13 Effectively document all program-related activities, including but not limited to contacts, outreach events, etc., within forty-eight (48) hours of the completion of that activity in CITY’s dedicated OVIP case management system.
1.14 CONTRACTOR will make at least three (3) contact attempts weekly for all referred individuals and active participants on their caseload.
Contact attempts will consist of a minimum of one (1) in-person interaction. All newly referred referrals must be contacted within seventy-two (72) hours of assignment.
1.15 Conduct a four-week focused employment training for at least 7 youths at risk of gun violence, followed by a job placement where they will continue receiving job coaching and mentor services.
2. Section 3 of Agreement No. 2022-199 entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:
3. COMPENSATION/PAYMENT PROCEDURE. Compensation for all work, services or products called for under this Agreement shall not exceed
SIX HUNDRED SIXY-THREE THOUSAND SEVEN HUNDRED THIRTY-ONE DOLLARS ($663,731) and is the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
3.1 In the event that expenditures submitted for reimbursement to CITY are determined to be ineligible expenses, per the BSCC Grant Administration Guide, CITY is not obligated to pay CONTRACTOR for reimbursement of ineligible expenses.
3.2 CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR' s itemized invoice. Invoices shall be accompanied with source documentation that support contract billings. Time and attendance reports must support hours charged. Travel vouchers detailing the purpose, time, and destination must support travel claims. Purchase orders, invoices, etc., must support operating expense claims. Dual compensation Docusign Envelope ID: 8203EBD5-6574-4814-90DD-E434FC087111
AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 3 of 3 Pages --
(i.e., payment to a party more than once for the same work) is specifically prohibited.
3. Section 4 of Agreement No. 2022-199 entitled “TERM” is hereby amended to read as follows:
4. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2026.
4. Section 10 of Agreement No. 2022-199 entitled “AUDIT REQUIREMENT” is hereby amended to read as follows:
10. AUDIT REQUIREMENT. The CITY, as grantee, is required to provide BSCC with a financial audit no later than June 30, 2026. The audit will be conducted between December 31, 2025, and June 30, 2026.
5. Except as amended herein, all provisions of Agreement No. 2022-199 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2022-199 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD COMMUNITY ACTION PARTNERSHIP
OF KERN
By:_______________________________ By:________________________________
KAREN GOH JEREMY TOBIAS
Mayor CEO
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
CITY MANAGER’S OFFICE VIRGINIA GENNARO
City Attorney
By:_______________________________ By:________________________________
CHRISTIAN CLEGG VIRGINIA GENNARO
City Manager City Attorney
Insurance:________
COUNTERSIGNED:
By:________________________________
RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: 8203EBD5-6574-4814-90DD-E434FC087111
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
PHONE FAX
(A/C, No, Ext): (A/C, No):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/4/2025
License # 0D44424
(661) 316-5195 (661) 281-4992
18058
Community Action Partnership of Kern
1300 18th St. # 200
Bakersfield, CA 93301
10855
A 1,000,000
PHPK2662179008 3/1/2025 3/1/2026 100,000
5,000
1,000,000
3,000,000
3,000,000
A 1,000,000
PHPK2662179008 3/1/2025 3/1/2026
B
COWC563393 7/31/2024 7/31/2025 1,000,000
1,000,000
1,000,000
Agreement # 2023-244. California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873-22) The City, its mayor, council, officers, agents, employees, and volunteers are an additional insured with respect to General Liability if required or agreed to in a written contract subject to all provisions and limitations of the policy per form # PIGLDHS1011 attached.
City of Bakersfield
1600 Truxtun Ave
Bakersfield, CA 93301
COMMACT03C TRAMIREZ
INSURICA
8500 Stockdale Highway, Suite 200
Bakersfield, CA 93311
Tori Ramirez, CIC, CISR
[email protected]
Philadelphia Indemnity Insurance Company
Cypress Insurance Company
X
X
X
X
Docusign Envelope ID: 8203EBD5-6574-4814-90DD-E434FC087111 PI-GLD-HS (10/11)