Cities Index.
Agreement.pdf

Bakersfield City Council
January 7, 2026

Document
Agreement.pdf
Meeting
January 7, 2026
Body
Bakersfield City Council
Original file
2.1 MB
Text extracted from the city's file for reading and search. Open the original on pub-bakersfield.escribemeetings.com. That file is the official record.

AGREEMENT NO.

AGREEMENT REGARDING USE OF AQUATIC FACILITIES

THIS AGREEMENT is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and KERN HIGH SCHOOL DISTRICT, a high school district formed pursuant to California law, ("USER" herein).

R E C I T A L S

WHEREAS, CITY operates swimming facilities including the McMurtrey Aquatic Center at 1325 “Q” Street (“McMurtrey Center”), Jefferson Park Swimming Pool located at 801 Bernard Street (“Jefferson”) and Silver Creek Park Swimming Pool located at 7011 Harris Road (“Silver Creek”), (collectively “Pool Facilities” herein); and

WHEREAS, the USER has expressed an interest to access CITY’s Pool Facilities for swimming practice, diving practice, water polo conditioning and competitive purposes; and

WHEREAS, the purpose of this Agreement is to address the use of CITY’s Pool Facilities, the cost of such access and the respective duties and obligations relating to the access use thereto.

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

1. USE OF FACILITIES. USER may access the Pool Facilities January 26, 2026 through December 31, 2026; on a schedule as mutually agreed upon by both parties under the terms provided for herein:

1.1 Mornings must be requested two (2) weeks in advance.

1.2 Notwithstanding the above dates and times, none of the Pool Facilities are available during CITY program times. CITY is under no obligation to reschedule or re-locate USER in the event USER is denied access to any of the Pool Facilities.

1.3 USER shall be given keys to Jefferson and Silver Creek upon depositing One Thousand Five Hundred Dollars ($1,500) with the CITY. USER acknowledges receipt of CITY rules relative to key policies and agrees to follow such rules. CITY, at its sole discretion, may, at any time, revoke USER’s right to have a key, at which time USER shall immediately return the key to CITY. CITY shall return One Thousand Dollars ($1,000) of the deposit after all keys are returned to CITY.

Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9

1.4 Up to Five Hundred Dollars ($500) of the One Thousand Five Hundred Dollar ($1,500) deposit may be used by CITY to cover any damages caused by USER to CITY facilities or equipment. USER shall pay CITY the cost to repair any additional damages. Upon the expiration of this agreement if CITY did not use any of the deposit to make repairs, CITY shall return the remaining Five Hundred Dollars ($500) of the deposit.

1.5 USER shall not be issued a key to the McMurtrey Aquatic Center.

1.6 USER shall not, at any time, go into pump rooms located within any of the facilities.

1.7 USER may, upon approval by CITY’s Recreation and Parks Department, place one temporary locked storage container, at the Pool Facilities and store USER’s necessary supplies. This container must be picked up by USER no more than one week after conclusion of each season.

1.8 USER must provide all needed equipment such as tables, chairs, popups, water polo goals, water polo field lane lines, and extension cords.

1.9 At all times during use of any of the Pool Facilities, USER must have someone at each facility who possesses all current required lifeguard and/or swim coaching certifications from a qualified agency. This person must always remain inside the facility when participants are present.

1.10 USER shall follow all posted policies and procedures at all pools covered in this agreement.

1.11 USER shall provide lifeguards as defined in Health & Safety Code section §116028, whose only duties to perform are to supervise the safety of participants in water-contact activity.

1.12 USER must ensure that its lifeguards are trained to administer First Aid and Cardiopulmonary Resuscitation, pursuant to Title 22, Division 9 Chapter 1.5 and that their lifeguards have the necessary equipment to administer such services, i.e. rescue tubes, personal protective equipment, first aid supplies, etc. as required by the American Red Cross. USER must provide written proof of compliance with the certification requirements of Health and Safety Code Sections 116028 and 116033 for each lifeguard; proof of certifications shall be provided prior to the start of the rental.

1.13 USER must place pool covers on or off during the rental at the request of the CITY. In no event shall this process be completed with a person or persons in the water.

Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9

2. COMPENSATION. USER shall pay CITY, care of CITY’s Recreation and Park’s Department as per the fee schedule attached hereto and incorporated by reference herein as Exhibit A. USER acknowledges that the reduced rental rates are reflective of the fact that CITY will not provide lifeguards or any type of supervision during USER’s access and use of the facility. Such fees, rents and other charges collected by CITY remain the sole property of the CITY. In no event shall USER pay CITY more than $194,000.00, for the use of the Pool Facilities.

3. PAYMENT PROCEDURE. USER shall pay at least thirty (30) days in advance for use of the facility, and shall pay CITY forthwith upon receipt of an invoice for compensation due.

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

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

5.1 Broad form commercial general liability insurance, unless otherwise approved by the 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 One Million Dollars ($1,000,000) per occurrence; and the policy shall:

5.1.1. Provide contractual liability coverage for the terms of this Agreement.

5.1.2. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers.

5.1.3 All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, USER may utilize a Self-Insured Retention provided that the policy shall 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.

5.2 Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9

($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of CITY, its mayor, council, officers, agents, employees and designated volunteers.

5.2.1 All policies required of the USER shall be primary insurance as to the CITY its mayor, council, officers,
agents, employees, or volunteers and any insurance or
self-insurance maintained by the CITY, its mayor,
council, officers, agents, employees, and volunteers
shall be excess of the USER’s insurance and shall not
contribute to it.

5.2.2 Except for workers’ compensation, insurance is to 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 the
CITY in writing.

5.2.3 Unless otherwise approved by CITY’s Risk Manager, all policies shall contain an endorsement providing the
CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All
policies shall provide that there shall be continuing
liability thereon, notwithstanding any recovery on any
policy. Copies of policies shall be delivered to CITY on demand.

5.2.4 The insurance required hereunder shall be maintained until this Agreement is terminated.

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

5.2.6 Full compensation for all premiums which the USER is required to pay on all the insurance described herein
Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9

shall be considered as included in the prices paid for
the various items of work to be performed under the
Agreement, and no additional allowance will be
made therefor or for additional premiums which may
be required by extensions of the policies of insurance.

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

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

6. INDEMNITY. USER 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 USER, USER’s employees, agents, independent USERs, 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.

7. RELEASE OF CLAIMS. USER hereby releases CITY from any and all claims which USER may now have, or which may arise in the future, arising out of access to or use of the facility. This includes, but is not limited to, any and all damages that USER may incur due to the closure (temporary or otherwise) of the facility.

8. TERM OF AGREEMENT. This Agreement shall terminate on December 31, 2026, unless terminated earlier by either party upon ten (10) days written notice with or without cause.

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

10. 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.

Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9

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

CITY: CITY OF BAKERSFIELD

RECREATION AND PARKS DEPARTMENT
1600 Truxtun Avenue, 3rd Floor
Bakersfield, California 93301

USER: KERN HIGH SCHOOL DISTRICT

OFFICE OF SCHOOL SUPPORT SERVICES
ATTN: STAN GREENE, DIRECTOR
5801 Sundale Avenue
Bakersfield, California 93309-2924

12. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

13. ACCEPTANCE OF WORK OR SERVICES. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of any provisions of this Agreement.

14. 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, administers, executors, personal representatives, successors and assigns.

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

16. COMPLIANCE WITH ALL LAWS. USER shall, at USER’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 Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9

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.

17. COUNTERPARTS. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original, but all of which together constitute one of the same instrument.

18. 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.

19. 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.

20. TAX NUMBERS.

USER's Federal Tax Identification Number 95-6001764
USER 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" “USER”

CITY OF BAKERSFIELD KERN HIGH SCHOOL DISTRICT

By:___________________________ By:______________________________

KAREN GOH STAN GREENE
Mayor Director, School Support Services

Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9

APPROVED AS TO FORM: By:

VIRGINIA GENNARO MICHAEL ZULFA
City Attorney Superintendent

By:___________________________ By:

VIRIDIANA GALLARDO-KING RICHARD J. RUIZ
Deputy City Attorney II Director, Business Services

Insurance:____________

APPROVED AS TO CONTENT:

DEPARTMENT OF RECREATION AND PARKS

By:___________________________

DARIN BUDAK
Recreation & Parks Director

COUNTERSIGNED:

By:___________________________

RANDY MCKEEGAN
Finance Director

Exhibit A: 2026 Pool Fee Schedule

Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9

Exhibit A

2026 Pool Fee Schedule

McMurtrey Center
One hundred sixty-seven dollars ($167) per scheduled hour for use of the pool facilities, regardless of number of lanes used.

Jefferson
Eighty-four dollars ($84) per scheduled hour for use of the pool facilities, regardless of number of lanes used. When the pool is heated for the purpose of the rental, gas and electricity will be charged at a rate of four thousand eight hundred fifteen dollars ($4,815.00) per month.

Silver Creek
Eighty-four dollars ($84) per scheduled hour for use of the pool facilities, regardless of number of lanes used. When the pool is heated for the purpose of the rental, gas and electricity will be charged at a rate of six thousand four hundred fifty dollars ($6,450.00) per month.

Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9 Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9 Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9 Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9 KERN HIGH SCHOOL DISTRICT BOARD OF TRUSTEES Steven Rodrigue, President J. Bryan Batey, Vice President Kathy Scrivner, Clerk Derek Tisinger, Clerk Pro Tem David Manriquez, Member MICHAEL ZULFA, Ed.D., SUPERINTENDENT -827-3122 827-3309 Kenneth R. Seals, Ed.D. Assistant Superintendent, Business The Kern High School District (KHSD) is committed to ensuring equal, fair, and meaningful access to employment and education services. KHSD prohibits discrimination, harassment (including sexual harassment), intimidation, or bullying in any employment practice, education program, or educational activity on the basis and/or association with a person or group with one or more of these actual or perceived characteristics of age, ancestry, color, ethnic group identification, gender, gender identity or expression, genetic information, immigration status, marital status, medical information, national origin, physical or mental disability, parental status, political affiliation, pregnancy and related conditions, race, religion, retaliation, sex, sexual orientation, military or veterans status, homelessness, foster status, affiliation with the Boy Scouts of America and other designated youth groups, or any other basis prohibited by California state and federal nondiscrimination laws consistent with Education Code 200 and 220, Government Code 11135, and Title IX. If you believe you have been subjected to discrimination, harassment (including sexual harassment), intimidation, or bullying you should contact your school site principal and/or the District's Equity Compliance Officer and Title II/ADA, Title IX, and Section 504 Coordinator, Melissa Jimenez, 5801 Sundale Avenue, (661) 827-3173, [email protected]. A copy of KHSD's Uniform Complaint policy and Nondiscrimination policy are available at www.kernhigh.org and upon request.

July 1, 2025 VIA EMAIL RE: Statement of Self- To Whom It May Concern: The Kern High School District is self- The District also carries excess our self-insured retention of $500,000 per claim at statutory limits along with Employers Liability at $1,000,000 per occurrence and aggregate. out -insurance program undertaken pursuant to California Labor Code section 3700. This program is currently in effect for the July 1, 2025 June 30, 2026 fiscal year and will remain in effect as renewed each year by the District. Sincerely, Richard J. Ruiz Director, Business Services RJR:ckm Docusign Envelope ID: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9 Certificate Of Completion
Envelope Id: 2360E8F9-12CA-4012-AC43-FB12D9B8F5D9
Status: Completed
Subject: Complete with Docusign: KHSD.pdf, KHSD Exhibit A 2026 Fee Schedule.pdf, Insurance.pdf Source Envelope:

Document Pages: 13
Signatures: 4
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
11/26/2025 11:40:47 AM
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[email protected]
Location: DocuSign
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Pool: StateLocal
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Pool: City of Bakersfield
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STAN D GREENE
[email protected]
Director
Kern High School District
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Sent: 11/26/2025 11:48:03 AM
Viewed: 11/26/2025 11:55:15 AM
Signed: 11/26/2025 11:55:54 AM
Electronic Record and Signature Disclosure:

Accepted: 11/19/2024 4:14:33 PM
ID: 1360b52c-133e-48b1-a678-e96e34d6839d
Richard Ruiz
[email protected]
Director of Business Services
Kern High School District
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(None)
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Using IP Address: 198.62.68.150
Sent: 11/26/2025 11:55:55 AM
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Electronic Record and Signature Disclosure:

Accepted: 11/26/2025 1:33:21 PM
ID: bc50838f-fea6-4e61-a00a-5a695a5370b5
Michael Zulfa
[email protected]
Associate Superintendent Business
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Sent: 11/26/2025 1:41:20 PM
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Electronic Record and Signature Disclosure:

Accepted: 11/20/2024 8:35:37 AM
ID: 66db0f63-19ba-4098-9617-6709b8b9f384
Darin Budak
[email protected]
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Signed: 12/8/2025 1:57:04 PM
Electronic Record and Signature Disclosure:

Accepted: 6/5/2023 7:39:14 AM
ID: 01d698b6-f5fb-414b-956e-40fe3bf3fa68

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

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

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

Withdrawing your consent
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.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

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: STAN D GREENE, Richard Ruiz, Michael Zulfa, Darin Budak Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Bakersfield:

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

To contact us by email send messages to: [email protected]

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

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

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

To withdraw your consent with City of Bakersfield
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

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

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.

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