Bakersfield City Council
July 15, 2026

(i.e. single without Medicare rate, single with Medicare rate, etc.) in subsidies from the City.
b) Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage (Part A or B) whether through the City of Bakersfield, other employers, spouse coverage, or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's retiree medical plan.
c.) Employees hired after April 1, 1996 shall not be eligible to receive the 42% Fee-For-Service plan subsidy.
d) Management and supervisory employees hired after February 22, 2006, shall not be eligible to receive retiree medical insurance.

SECTION 6.

Life Insurance
The City shall provide a basic term life insurance policy for employees included within this Resolution. In addition, the City shall provide contributions toward a life insurance plan as follows:

Basic Life Benefit – up to $2,000 plus, 1 times Basic Annual Salary, rounded to the nearest $1, 000, up to a maximum of $100,000.

Line of Duty Death Benefit – Including the prescribed death benefits defined in Labor Code Section 4701 et. al, the City shall pay all reasonable funeral and burial expenses to a maximum of $20,000 for a Bakersfield employee who dies as the direct result of an on-duty related injury.

SECTION 7.

Administrative Leave
Employees covered by this resolution which are not eligible for Administrative Leave by prior agreement, may be granted administrative leave under Section

2.84.620(d) of the Bakersfield Municipal Code and Administrative Rule Number 3.2 with the approval of the department head and the City Manager.

Exhibit A

Exhibit A

SECTION 8.

Uniform and Tool Allowance
The City shall provide a uniform allowance paid on a bi-weekly basis as follows:

A. Police Management and Fire Management, (safety members) shall receive the same allowance provided for represented Fire and Police employees; annual allowance shall be One Thousand Three Hundred ($1,300.00) Dollars earned and paid bi-weekly on a pro-rata basis. During the time of any leave of absence without pay, employees will not be eligible for Uniform Allowance.

B. Supervising Fire Dispatchers, Police Communications Center Supervisors and Miscellaneous Management, who are required to wear a uniform shall be provided with FIVE HUNDRED EIGHTY DOLLARS ($580) per year. Animal Control Supervisors required to wear a uniform shall be provided with EIGHT HUNDRED FIFTY DOLLARS ($850) per year. Allowance is earned and paid bi-weekly on a pro-rata basis.

C. Unpresented and General Supervisory employees required to wear uniforms will be furnished uniforms at no cost to the employee.

D. Unrepresented, General Supervisory. and Management (non-sworn) employees who require safety footwear will be provided an allowance equal to those employees they supervise. Approval will be for approved safety footwear for those classifications listed with Human Resources.

E. General Supervisory employees who are required to provide a full complement of hand tools shall be reimbursed for replacement of such tools up to FOUR HUNDRED TWENTY FIVE DOLLARS ($425) annually, effective January 1, 2007.

Exhibit A

SECTION 9.

Accumulated Sick Leave
Payment of accumulated sick leave in event of death or resignation of a member of the Unpresented, General Supervisor, or Management unit, shall be as follows:

A. One-half (½) of the unused sick leave shall be paid to the member's beneficiary or estate in the event of such member's death prior to his separation from City employment after ten (10) years service.

B. Seventy-five percent (75%) of the unused sick leave shall be paid to a Unrepresented Unit, Management Unit, or General Supervisory Unit employee, whose employment is terminated for any reason, other than discharge, following five (5) years service.

SECTION 10.

Sick Leave Conversion
General Supervisory and Management employees accrue sick leave at the rate of twelve (12) days per calendar year, with a maximum accrual of one hundred twenty (120) days. An employee who has an accrued balance at the end of the calendar year, which exceeds one hundred twenty (120) days will receive one hundred percent (100%) of his/her accruals in excess of one hundred twenty (120) days as vacation and may convert and be paid for up to seventy-five (75%) of that amount of vacation. The amount to be converted must be designated by the employee no later than the following January 31, which will be paid to employee the second pay day in February. Employees receiving the above conversion will not receive any sixty (60) to one hundred twenty (120) day conversion of sick leave for that calendar year. The previously established non-conversion sick leave "bank" will no longer exist for this group.

SECTION 11.

Holidays and Work Closure
A. All eligible management and supervisory employees shall observe the following holidays with pay as regularly scheduled prior to the holiday:

Exhibit A

Martin Luther King Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
New Year’s Day
Employees shall also receive every day designated by the City Council as special holidays in commemoration or in memorial of an extraordinary occurrence as paid holidays.

During the time of any leave of absence without pay employees will not be eligible for Holiday Pay.

B. Whenever a holiday falls on a Sunday, the following Monday shall be observed.

Whenever a holiday falls on a Saturday, the previous Friday shall be observed as a holiday.

C. Employees assigned to seven–day per week shift schedules shall observe the actual, not the observed holiday.

D. Whenever a holiday falls on a Sunday, the following Monday shall be observed.

Whenever a holiday falls on a Saturday, none of the above shall be observed as a holiday.

Employees assigned to seven-day per week shift schedules shall observe the actual, not the observed holiday.

E. Eligibility. All probationary and full-time employees except those employees who are absent without pay one-half (½) day or more immediately before and/or after the holiday, shall be eligible to observe holidays in the manner herein provided.

Exhibit A

F. Holiday Work. When General Supervisory are required to work on a holiday, the eligible employee shall be credited for the holiday once at the straight time rate and shall be credited once again for the actual time worked as overtime at the employee's applicable overtime rate. General Supervisory Unit employees working on a holiday designated in Subsection A. shall be credited for overtime at time and one-half.

G. Holidays on Day Off. When a holiday falls on an employee's scheduled day off, the eligible employee shall be credited for the holiday as overtime at the straight time rate.

H. Designated Holidays and Manner of Payment for Holiday Work on Shift Basis – All eligible employees in the Fire/Police (Safety) Management and Communications Center Supervisory Unit working on a shift basis, without regard to holidays, are entitled to thirteen (13) holidays (12 of 13 pensionable; 1 of the floating holidays that is not associated with a designated holiday is nonreportable) to be paid at straight time, as follows:

1. Police Management (Safety): 7.5% of base wages.

2. Communications Center Supervisors and Communications Operations Supervisors: 5.0% of base wages.

3. Fire Management (Safety): 5.36% of base wages.

Applicability is at the discretion of the Chief, in support of operations, and is not exclusive to shift basis.

I. Holiday Clouse. For calendar year 2025 and 2026 only, the City shall establish a Holiday Closure for non-holiday workdays beginning Christmas Eve through New Year's Day. The closure does not apply to those employees’ receiving payment for holiday work. During the Holiday Closure the City shall designate departments or divisions which will close operations to the public. Closure days will be paid according to the regular schedule prior to the start of the closure. Floating holidays are being utilized in exchange for the closure. In the event that the City does not extend the holiday closure for 2027, two floating holidays will be reinstated.

If a General Supervisory is eligible for the Holiday Closure and is scheduled to work a regular assignment during the closure period, he or she will receive additional compensation for the actual number of hours worked in addition to their closure pay by approval of the department head.

Exhibit A

Employees must be in a City full-time paid status (i.e., not on an unpaid leave of absence, etc.) prior to December 23rd in each the year to be eligible for Holiday Closure under this Section.

SECTION 12.

RETIREMENT
In addition to amounts presently paid by City, the City shall pay the following contribution to PERS (Public Employees Retirement System) normally paid by the employee:

A. Public Employees Retirement System Contribution

1. Unrepresented and General Supervisory - At the beginning of the employees sixth (6th) cumulative year of service, the city shall pay (8%) on behalf of the employee for those hired prior to January 1, 2013. Those hired after January 1, 2013 and are not classic members as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA), will pay half of normal pension cost as established by CalPERS upon hire. Effective July 14, 2014, all employees hired prior to January 1, 2013 will contribute the amounts set forth above or one-half of one percent (.5%) towards the employee retirement contribution; whichever is greater.

2. Police and Fire Management (Safety) - The City shall pay nine percent (9%) on behalf of the employee for those hired prior to January 1, 2011. Those hired after January 1, 2011, and prior to January 1, 2013, will pay 100% of the PERS member contribution. Those hired after January 1, 2013 and are not classic members as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA) will pay half of normal pension cost as established by CalPERS upon hire. Effective July 14, 2014, all employees hired prior to January 1, 2011 will contribute the amounts set forth above or one-half of one percent (.5%) towards the employee retirement contribution; whichever is greater.

Exhibit A

3. Management Unit, except Police and Fire Management (Safety) – The City shall pay eight percent (8%) on behalf of the employee. Those hired after January 1, 2013 and are not legacy members as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA) will pay half of normal pension cost as established by CalPERS upon hire. Employer Paid Member Contributions (EPMC) shall be reported as salary earnings for retirement credit for Management, General Supervisory and Unrepresented beginning January 1, 2003, for those employees with five (5) years or more cumulative employment with the City. Effective July 14, 2014, all employees hired prior to January 1, 2013 will contribute the amounts set forth above or one-half of one percent (.5%) towards the employee retirement contribution; whichever is greater.

4. The City implemented the PERS option 2 Death Benefit for Miscellaneous Management and General Supervisory on March 30, 2009; for Fire Management (Safety) on April 11, 2011; for Police Management (Safety) on January 13, 2014.

B. Public Employees Retirement System Formulas

1. Management, General Supervisory (excluding Safety), and Unrepresented - Employees hired prior to December 20, 2008 will be eligible for the 3% @ age 60 plan and retirement is based on one year compensation. Those hired on, or after, December 20, 2008 are eligible for the 2.7% @ age 55 plan and retirement is based on three year compensation. Those hired after January 1, 2013 and are not legacy members as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA) will be eligible for the 2% @ 62 plan and retirement is based on three year compensation.

2. Police and Fire Management (Safety) - Those hired prior to January 1, 2011 will be eligible for 3% @ age 50 and retirement is based on one year compensation. Those hired on, or after, January 1, 2011 will be eligible for 2% @ age 50 and retirement is based on three year compensation. Those hired after January 1, 2013 and are not legacy members as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA) will be eligible for the 2.7% @ 57 plan and retirement based on three year compensation.

SECTION 13.

Longevity Pay
The City shall compensate employees for longevity as follows:

Exhibit A

A. General Supervisory Units - Effective the first full pay period in April 1984, the City will institute a Longevity Pay Program for Unit members as follows (the amounts are not cumulative):

1. Ten (10) or more uninterrupted years of City employment - two percent (2%) of base pay.

2. Fifteen (15) or more uninterrupted years of City employment - four percent (4%) of base pay.

3. Twenty (20) or more uninterrupted years of City employment - six percent (6%) of base pay.

Employees hired after January 1, 1985, shall not be eligible for longevity pay.

Effective the pay period including July 1, 2022, Police Management classifications will be eligible for the longevity program provided in Section 07.03.01 and 07.03.02 of the MOU with the Bakersfield Police Officers Association, as follows:

Longevity and Retention
Longevity Bonus. In acknowledgement of the current difficulties in recruitment and retention efforts of sworn personnel a longevity bonus is established in recognition of member service effective July 1, 2022, in the amounts of:

Tier 1; 5 years of continuous service – $3,000
Tier 2; 9 years of continuous service – $7,000
Tier 3; 14 years of continuous service – $9,000
Tier 4; 20 years of continuous service – $15,000
Tier 5; 25 years or more of continuous service – $20,000 Payments will be considered compensation earnable for Classic members.

Members are only eligible for a longevity bonus or performance retention bonus, not both. Payments will be processed per qualifications outlined below:
 Hired on or before December 31, 2012;
 Complete years of service based on service date to a sworn position for the Bakersfield Police Department;
Exhibit A

 No retroactive payments. Payments are made at the time-of-service qualification following program effective date (i.e., in 2022 if a member has 13 years of service their 1st payment would be Tier 3 at year 14);
 Payments are one-time only based on service and tiers are not repeating (i.e., tier paid in qualifying year only);
 Payments are made on the employee’s current service date in the qualifying year. A onetime consideration of service dates of January – June 2022 will be paid in July 2022;
 Incumbents must work at least 1,040 regular hours, inclusive of hours designated by the Chief of Police, in year preceding qualification;  Failure to qualify will delay payment of bonus tier until hours worked are satisfied.”
Performance Retention Bonus. In efforts to retain and develop qualified sworn personnel a retention bonus is established, effective July 1, 2022, as follows:

Tier 1; 5 years of continuous service – $3,000
Tier 2; 9 years of continuous service – $7,000
Tier 3; 14 years of continuous service – $9,000
Tier 4; 20 years of continuous service – $15,000
Tier 5; 25 years or more of continuous service – $20,000 Payments will not be considered compensation earnable for members. Members are only eligible for a longevity bonus or performance retention bonus, not both.

Payments will be processed per qualifications outlined below and not be:
 Hired on or after January 1, 2013;
 Incumbents must be in good standing with the department exhibited by a satisfactory or above performance evaluation in the qualifying year;
 Complete years of service based on service date to a sworn position for the Bakersfield Police Department;
 No retroactive payments. Payments are made at the time-of-service qualification following program effective date (i.e., in 2022 if a member has 13 years of service their 1st payment would be Tier 3 at year 14).
 Payments are one-time only based on service and tiers are not repeating (i.e., tier paid in qualifying year only);
Exhibit A

 Payments are made on the employee’s current service date in the qualifying year. A onetime consideration of service dates of January – June 2022 will be paid in July 2002;
 Incumbents must work at least 1,040 regular hours, inclusive of hours designated by the Chief of Police, in year preceding qualification;  Failure to qualify will delay payment of bonus tier until hours worked are satisfied.”
Exhibit A

SECTION 14.

Incentive Pay
City shall contribute an additional five percent (5%) of employee's base salary to all Police Management employees possessing either an Intermediate or Advanced Certificate, or both, issued by the Police Officers Standards and Training Commission (P.O.S.T.).

Police Management shall receive an additional five (5%) of base pay (total of 10%) as a management incentive in recognition of Supervisory and Management certificates under POST and/or advanced training specializations as approved by the Chief of Police. Maximum incentive pay in all cases is (10%) ten percent.

City shall contribute an additional five percent (5%) of employee's base salary to Fire Management personnel holding an Associate in Arts Degree which fulfills all requirements of a Fire Science Certificate and five (5) years employment with the Bakersfield Fire Department, or two and one-half percent (2½%) of employee's base salary for those safety personnel in the Bakersfield Fire Department who have obtained a Fire Science Certificate requiring thirty (30) units and eight (8) years employment of Fire Management Certificate requiring twenty-one (21) units and eight (8) years employment with the department.

SECTION 15.
[INTENTIONALLY LEFT BLANK]
SECTION 16.

Shift Differential
Unrepresented and General Supervisory employees shall receive an increased shift differential of $.90 per hour 3 p.m. to midnight and $1.25 between 12 midnight and 7 a.m., effective January 1, 2007.

SECTION 17.

Stand-By Pay
Exhibit A

Effective March 22, 2006, Unrepresented and General Supervisory employees designated by management who are directed to remain on stand-by, pursuant to Section 2.84.270 of the Bakersfield Municipal Code, shall receive FORTY DOLLARS ($40.00) per each eight (8) hours on stand-by or fraction thereof.

SECTION 18.

Additional Working Shift Compensation
In consideration for working an additional half shift, in addition to regularly scheduled duty shifts, Police Lieutenants will be compensated at straight time for each such additional full shift worked.

SECTION 19.

Overtime: Supervising Fire Dispatchers
Supervising Fire Dispatchers will be compensated for overtime worked at time and one-half.

SECTION 20.

Overtime: Communications Center Supervisors
Effective March 20, 2006, Communications Center Supervisors will be compensated for overtime worked at a straight hourly rate and will receive an additional 3.5% of salary in lieu of overtime at time and one half. Effective May 10, 2023, Communications Center Supervisors will be compensated for overtime worked at time and one-half.

SECTION 21.

Compensatory Time off-Maximum Accrual
Compensatory time off accrual maximum for Police Management employees shall be eighty (80) hours.

SECTION 22.

Residency Requirement
Exhibit A

The residency requirement for Unrepresented and General Supervisory Unit employees shall be amended to require that employees maintain residency within one (1) hour normal driving time from City Limits. Normal driving time shall be defined as driving the most direct route at the posted speed limit. Employees must comply with the residency requirement within six months of passing probation.

SECTION 23.

Physical Assessment Program
Up to one time each eighteen (18) month period starting January 1, 1996 for Management Unit employees, the City will offer these employees the opportunity to receive a comprehensive physical assessment and follow-up counseling session.

The Assessment will measure:

Cardiovascular fitness
Blood pressure
Blood composition (cholesterol, etc.)
Body composition
Muscular endurance
Flexibility
When indicated by initial results, follow-up testing will be performed. Results of the assessment will be confidential and for the individual employee's use only. The City will receive composite data to be used in evaluating the need for training, seminars, etc. The program will be provided on work time and will be voluntary.

SECTION 24.

Witness/Jury Duty
The City shall amend its Administrative Policy and Procedure regarding jury duty to provide for paid leave when an employee is subpoenaed to appear as a witness in court in Kern County on matters of civic concern. Examples of matters of civic concern would include criminal matters, accidents, etc.

SECTION 25.

Exhibit A

Vacation
Annual vacation accrual will be as set forth in the Bakersfield Municipal Code, Section 2.84.350. Maximum vacation accrual shall be three (3) years’ annual accrual. Between 5 to 10 years of service, the maximum vacation accrual shall be increased to three (3) years and three (3) days. After ten (10) years of service, the maximum accrual shall be increased to three (3) years and nine (9) days.

SECTION 26.

Unit Representation Change
Effective June 1, 1992, the Communications Center Supervisors will become part of the Police Supervisory Unit as Non-Safety members.

Effective January 1, 2005 employees of the Communications Supervisory classification were incorporated into the General Supervisory group. This was in relationship to the Police Sergeants being granted representation through the Bakersfield Police Officer Association.

The Police Sergeants were covered by this resolution prior to 2005 but had left after formal request, and approval, of the City Manager in April 2004. The Police Sergeants were returned under this resolution as, Police Supervisory Unit, after formal request was made to the City Manager and approved effective September 27, 2011. Effective July 3, 2021 the Police Sergeants returned as members covered under the Bakersfield Police Officers Association upon formal request and member vote.

Effective July 15, 2026, classifications that are non-supervisory or nonmanagement will be recognized by this resolution as the Unrepented Unit.

SECTION 27.

Payroll
Effective immediately, all payroll changes shall take place at the nearest pay period.

Direct Deposit - Effective January 8, 1996, all Management employees shall participate in direct deposit for payroll purposes.

Exhibit A

SECTION 28.

Bi-lingual Pay
Police Lieutenants capable of speaking Spanish shall be eligible to receive an additional ONE HUNDRED DOLLARS ($100.00) per pay period and Communications Center Supervisor employees capable of speaking Spanish shall be eligible to receive an additional FORTY DOLLARS ($40.00) per pay period.

During the time of any leave of absence without pay employees will not be eligible for bilingual pay. All personnel shall utilize any language skills they possess to the best of their ability in handling their responsibilities on a non regular basis without compensation. To be eligible, an employee must: 1) Pass the test demonstrating conversational fluency in Spanish; 2) Pass periodic retests in language skills; and 3) Serve as translators as required.

Additional languages may be added by the Chief of Police. Notwithstanding the above, all personnel shall utilize any language skills they possess to the best of their ability in handling their responsibilities. In case of an emergency, all employees will use whatever language skills they possess to assist to the maximum extent possible.

RESOLUTION NO. _______
AMENDMENT NO. 3 TO RESOLUTION NO. 145-2025

SETTING SALARIES AND RELATED BENEFITS FOR

OFFICERS AND EMPLOYEES OF THE

UNREPRESENTED, GENERAL SUPERVISORY, AND

MANAGEMENT UNITS
WHEREAS, Resolution No. 145-2025 sets salaries and related benefits for employees of the Unrepresented, General Supervisory, and Management Units, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that effective immediately following Council action, the Salary Schedule, a part of the Resolution No. 145-2025 is hereby amended as follows:

1. Resolution No. 145-2025 is hereby amended by including and revising the salaries of the following class titles in the Unrepresented, General Supervisory, and Management Units:
89460 D Development Services Director
Step1 Step 2 Step 3 Step 4 Step 5
$ 83.784 $87.974 $92.374 $96.997 $101.842
70100 A City Intervention Worker I
Step1 Step 2 Step 3 Step 4 Step 5
$23.655 $24.839 $26.087 $27.394 $28.762
70150 A City Intervention Worker II
Step1 Step 2 Step 3 Step 4 Step 5
$24.834 $26.083 $27.388 $28.765 $30.189

2. Except as amended herein, all other provisions of Resolution No. 145- 2025, together with amendatory resolutions, remain in full force and effect. ----------oOo----------
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:

AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER ______________________________________________________________ _ ________________________________

JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: _________________
By __________________________

KAREN GOH
Mayor
APPROVED AS TO FORM:

VIRGINIA GENNARO, CITY ATTORNEY
By _________________________
VIRGINIA A. GENNARO
CITY ATTORNEY of the City of Bakersfield
CITY OF BAKERSFIELD CLASS SPECIFICATION: 70100-70150
UNIT: UNREPRESENTED
EE04: PARAPROFESSIONALS
CLASS TITLE: CITY INTERVENTION WORKER I/II
CLASS SUMMARY:

Under direction of the City Manager’s Office of Violence Intervention and Prevention, responsible for incident response to engage very high-risk individuals subject to violence; offers support and services, discourage retaliation, build relationships with victim, family, and victim’s network; respond to various locations to contact individuals referred as high risk clients; coordinate, attend, and/or facilitate community events in neighborhoods with high rates of violence; establish a positive presence in high risk areas; and engage high-risk individuals and groups to offer support; and performs related work as required.

REPRESENTATIVE DUTIES:

The following typical tasks and responsibilities are representative of the position’s essential duties. They are descriptive, not limiting.

Essential Duties:
• Responds to call outs for incidents of violence at any time of day, including immediate emergency responses as directed, to provide community resources, advocate for program enrollment, and build relationships; • Makes initial contact with very high-risk individuals and assess and coordinate resources/services;
• Conducts proactive outreach in identified high-risk areas to identify individuals involved in violence and to build strong relationships with those individuals, residents, businesses, and community groups;
• Intervenes in potential conflicts by facilitating communication and advocacy for programs that diffuse violence; and invite them to attend a Community Safety meeting;
• Provides individualized support to clients, including assessing needs, developing safety plans, connecting them to relevant social services, and monitoring progress;
• Establishes and maintains contacts with community-based service organizations, school officials, and resources; collaborate with City and County partners to align efforts and sustain a network of intervention services and violence prevention;
• Interacts with individuals in a respectful and dignified manner using a culturally competent and trauma-informed approach; establish trust, seek answers to questions to better understand the situation;
• Provides referrals to health and wellness services and other suitable agencies; • Establishes and maintains contacts with community-based service organizations and resources;
• Documents all observations and actions using program-specific forms, software and standards; complete reports and records; perform data entry as required; maintain confidentiality of information;
• Attends community meetings, staff meetings, and trainings; CLASS TITLE: CITY INTERVENTION WORKER I/II #70100 and #70150 (continued) • Attends, facilitate, and coordinate community events and violence incident responses.

DISTINGUISHING CHARACTERISTICS:

This class actively engages individuals at high risk of perpetrating or experiencing violence within a community, provides support, program resources, and advocacy in cases where further violent incidents may occur, often focusing on outreach in high-risk areas and building trust with individuals impacted by violence, while collaborating with law enforcement, social service agencies, and community leaders to address the root causes of violence. Incumbents perform work requiring the exercise of sound judgment in assessing members of the community, carrying out appropriate responses, and making referrals to the appropriate services. This class is alternately staffed with City Intervention Worker II and incumbents may advance to the higher level after gaining substantial program knowledge, demonstrating progressive development in the scope of duties, and functioning with minimal supervision. This class if further distinguished from the Outreach Program Supervisor who oversees and leads day-to-day activities and partners with other community-based organizations who specialize in this work.

MINIMUM QUALIFICATIONS:

Knowledge of:
• Knowledge of evidence-based community gun violence reduction initiatives; • City and County demographics, culture and population; • Diverse communities, including intersections between a variety of demographics, social dynamic, and community issues;
• Principles and best practices in related community resources and programs; • Techniques for establishing positive relationships with culturally diverse populations, and/or gang-involved individuals;
• Principles and techniques of interviewing and data collection; • Public contact and community engagement techniques that foster collaborative community exchanges;
• Available resources and services in the City, county, and state. • Writing clearly, accurately, concisely, legibly, and with correct grammatical construction and spelling;
• General office practices, including operation of standard office equipment including a computer terminal;
• Safety practices and procedures related to the work.
• Violence trends and models, including cycles of violence. • Best practices of case management strategies and coordination.

Ability to:
• Maintain composure and exercise good judgment in stressful situation, such as dealing with distressed and/or demanding clients, community & family members, outside influencers;
• Work in high-risk community settings; street outreach and/or gang intervention case management;
• Apply sound decision-making procedures and a thorough analysis of situations when solving problems;
• Travel to a variety of work locations for site engagement, outreach, and meetings;
CLASS TITLE: CITY INTERVENTION WORKER I/II #70100 and #70150 (continued) • Understanding and following written and oral directions; • Interact effectively within diverse cultural communities and with a variety of public and private agencies, including public school officials, law enforcement, community-based and nonprofit organizations, and other city, county, state, and federal agencies;
• Express self clearly and concisely, both orally and in writing; • Maintain accurate and complete case files, records and documentation; • Respond timely to call-outs and provides effective case follow-up with minimal supervision;
• Exercise tact and diplomacy in dealing with sensitive and complex issues and situations;
• Collaborate with law enforcement agencies and follow incident protocols; • Establish and maintain effective working relationships with those contacted in the course of work.

Training and Experience:
• Possession of a High School Diploma or GED; AND
• One (1) year of experience working with high-risk populations providing intervention and diversion services; OR
• Possession of an Associate’s degree from an accredited college or university with coursework in counseling, social services, or a related field preferred. • City Intervention Worker II requires an additional two (2) years of the above experience.

Licenses or Certificates:
• Possession of a valid Class “C” California driver’s license. • Provide reliable self-transportation and current proof of vehicle insurance. • Must successfully complete required pre-employment background. • Pass a tuberculosis screening test.
• Employees must complete "Mandated Reporter" training within two weeks of appointment and as assigned.

Physical Conditions or Special Working Conditions:
• Standard office environment and working conditions;
• Must be willing to work evenings, weekends, and outdoors in all weather conditions;
• Travel to off-site locations, entering and exiting vehicles with extended sitting, standing, and walking.

Promotion to City Intervention Worker II:

Promotion to City Intervention Worker II is made on a merit basis without examination, subject to recommendation by the Department Head and verification by Human Resources that qualifications as approved by the Miscellaneous Civil Service Commission are met.

Approved by Miscellaneous Civil Service Board: May 19, 2026 Approved by City Council: July 15, 2026

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost
DATE: June 10, 2026
SUBJECT: Amendment No. 1 to Agreement No. TS25-026 with GIS Planning Inc (revised not to exceed $17,560 and extend term to June 11, 2027) for ZoomProspector Software, a GIS tool integrated into economic development organization websites to facilitate business site selection, property searches and location analysis RECOMMENDATION:

Staff recommends approval of amendment.

BACKGROUND:

On October 22, 2024, CITY entered into Agreement TS24-026 with PROVIDER for the purchase of a oneyear license to their cloud-based ZoomProspector Enterprise software; and On July 15, 2025, CITY entered into Agreement TS25-029 with PROVIDER for the renewal of PROVIDER’s software for an additional year; and CITY desires to subscribe to PROVIDER’s ZoomProspector Enterprise License for a one (1) year term.

This agreement is going before the City Council because the vendor is now including an indemnity clause in its terms and conditions.

CITY has previously committed to pay for this and the not to exceed amount is for $17,560 to provide these services.

FISCAL IMPACT:

No added cost for the services provided, therefore no fiscal impact.

COUNCIL GOAL:

Economic Opportunity for All
Innovative and Efficient City Government
ATTACHMENTS:

Amended Agreement
AGREEMENT NO. ___________
[TECHNOLOGY SERVICES – LICENSE/SUBSCRIPTION]
This AGREEMENT (“Agreement”) is entered into on and effective as of ____________________ by and between the CITY OF BAKERSFIELD, a municipal corporation and Charter City (“City”), and GIS PLANNING INC. (“Provider”) a corporation authorized to do business in California.

WHEREAS, On October 22, 2024, CITY entered into Agreement TS24-026 with PROVIDER for the purchase of a one-year license to their cloud-based ZoomProspector Enterprise software; and
WHEREAS, On July 15, 2025, CITY entered into Agreement TS25-029 with PROVIDER for the renewal of PROVIDER’s software for an additional year; and WHEREAS, PROVIDER provides a cloud-based software-as-a-service (SaaS) GIS tool integrated into economic development organization websites to facilitate business site selection, property searches and location analysis with Google Maps; and
WHEREAS, CITY desires to subscribe to PROVIDER’s ZoomProspector Enterprise License for a one (1) year term, subject to and in accordance with the FT Locations Product Order Form attached hereto as Exhibit A and incorporated herein and the FT Locations Subscription Terms attached hereto as Exhibit B and incorporated herein; and
WHEREAS, in light of the intellectual property and subscription-based nature of PROVIDER’s programs and services, CITY’s use of PROVIDER’s services and/or products are subject to compliance with PROVIDER’s terms and conditions, and therefore CITY has agreed to abide by the above-referenced attachment(s); and WHEREAS, notwithstanding the above, the Parties understand and agree that CITY’s standard contracting procedures require use of this cover sheet and signatories and certain delineated terms set forth below, which shall govern the term of this Agreement.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and PROVIDER hereby agree as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), PROVIDER shall perform the following: Ongoing subscription to ZoomProspector Enterprise License with Google Maps (“Scope of Work”). The Scope of Work shall be subject to the terms and conditions set forth in Exhibit A and Exhibit B, attached hereto.

Docusign Envelope ID: 2ED2FE77-6A09-89D2-800D-2CFC676543D9

2. COMPENSATION. Subject to the conditions of this section, CITY will pay PROVIDER as follows for performing the Scope of Work (“Compensation”): a total payment not to exceed Sixteen Thousand, Two Hundred Twenty-Two Dollars ($16,222) in accordance with the costs and fees set forth in Exhibit A.

CITY will pay PROVIDER within 30 days after PROVIDER 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 PROVIDER for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to PROVIDER. In no case will CITY compensate PROVIDER more than Seventeen Thousand, Five Hundred Sixty Dollars ($17,560) for performing the Scope of Work.

3. TERM. Notwithstanding any contrary terms set forth in Exhibit A and Exhibit B, this Agreement shall terminate on June 11, 2027, unless terminated sooner.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.

FOR CITY OF BAKERSFIELD
(“CITY”):

By: _______________________________

KAREN GOH
Mayor
By: _______________________________

GREGORY PRONOVOST
Technology Services Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By: _______________________________

ASHLEY ZAMBRANO
Deputy City Attorney
FOR GIS PLANNING INC.
(“PROVIDER”):

By: _______________________________
[signature]
Printed Name & Title:
___________________________________
ATTACHMENTS:

Exhibit A- FT Locations Product Order Form
Exhibit B- FT Locations Subscription Terms
COUNTERSIGNED:

By: _______________________________

RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: 2ED2FE77-6A09-89D2-800D-2CFC676543D9 Jeff Suneson Director of Client Services
V01-02-2023

FT LOCATIONS PRODUCT ORDER FORM
Parties
FT GIS Planning Inc., 311 California St, Ste 700, San Francisco, CA 94104 Client City of Bakersfield, 1715 Chester Ave, Bakersfield, CA 93301 Period of Subscription
Subscription Start Date June 12th, 2026
Subscription Period From the Subscription Start Date until June 11th, 2027 The Agreement will auto-renew for an additional 1 year on the anniversary of the Subscription Start Date unless terminated by either party on giving prior written notice to the other party no less than 15 days before the anniversary of the Subscription Start Date. The Fee will be subject to increase at each anniversary of the Subscription Start Date. Upon auto-renewal, the then current version of the Subscription Terms in effect shall apply to such auto-renewal.

PRODUCTS TO BE PROVIDED
ZoomProspector ZoomProspector Enterprise License with Google Maps Customisation Elements: None
The geographic scope will cover the boundaries of the City of Bakersfield

FEE BREAKDOWN
Product Name Product Fee
ZoomProspector Full Edition $16,222 per annum
Total Fee
Total Fee $16,222 (exclusive of VAT/Sales tax).

Payment Term Within 60 days of the FT invoice date.

Invoicing Contact City of Bakersfield, 1715 Chester Ave, Bakersfield, CA 93301 Attn: Jason Cater, [email protected]
Tax Registration Number
Relationship Managers
FT Jeff Suneson, Director of Client Services, 916-833-8894, [email protected] Client Jason Cater, [email protected]
Legal
This Order will be governed by the Subscription Terms at https://legal.ft.com/ftspecialist/subscription-terms and together comprise the agreement between the parties (“Agreement”).

Client acknowledges that it has read and understood this Agreement. This Agreement will become legally binding when signed on behalf of both parties.

You agree that any signature of this Agreement by digital or electronic means is legally binding.

Signed by:

GIS Planning, Inc.

Name:

Position:

Date:

You agree that any signature of this Agreement by digital or electronic means is legally binding.

Signed by:

City of Bakersfield
Name:

Position:

Date:

EXHIBIT A
Docusign Envelope ID: 2ED2FE77-6A09-89D2-800D-2CFC676543D9 1 Version 08 May 2025

FT LOCATIONS SUBSCRIPTION TERMS
How to navigate these Subscription Terms: Clauses 1 through 9 and 14 apply generally to all Products purchased under an Order. Additional terms specific to the Product(s) listed on the Order are located in clauses 10 through 13 as specified.

1. DEFINITIONS AND INTERPRETATION

1.1 These terms and conditions (“Subscription Terms”) together with the Order form the agreement between the parties (the “Agreement”).

1.2 Words and phrases have the meaning given to them in the Order and this clause 1.2:
(a) "Content” means any data, information, text, tables, computations and any other content, work or materials in any form made available by FT in any of the Products but excludes any Client Content.
(b) “Control” means direct or indirect ownership of 50% or more of the voting equites or equivalent of the affected party or the power to nominate least half of the members of the board of directors or equivalent of the affected party.
(c) “Client Content” is a term that is only applicable to the Amplify, InvestmentMap, ZoomProspector, and ZoomTour Products and means any content (including personal data), from time to time provided by Client to FT or otherwise entered into or uploaded into such Products by, or on behalf of, or authorized by the Client. (d) “Data Protection Laws” means any data protection laws applicable to the processing of personal data by FT, which may include the UK Data Protection Act 2018 and the EU General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”) and any other applicable data protection or privacy laws. The expressions “personal data”, “process”, “processing”, “data subject”, “controller” and “processor” have the meanings given to them in GDPR.
(e) “IPRs” means all present and future copyright, moral rights, database rights, trade mark rights, patents, designs, trade secrets and all related rights and neighbouring rights and any other intellectual property rights of whatsoever nature throughout the world whether or not registered or capable of registration including all renewals and/or extensions. (f) “Order” means an order form or term sheet signed by FT and Client for the purchase of one or more of the Products which incorporates these Subscription Terms. (g) “Product” means each separate product or service purchased under the Order. (h) “Subscription Period” means the period set out in the Order. (i) “User” means Client’s staff or third party consultants granted access to the Product.

1.3 Unless the context otherwise requires:
(a) “includes”, “including” and any similar terms will be construed as without limitation; (b) “writing” or “written” includes email but not fax;
(c) any reference to a legislative provision includes any subsequent re-enactment or amendment; and
(d) references to “clauses” are to the clauses in these Subscription Terms.

1.4 In the case of any conflict or ambiguity, the Order shall take precedence over these Subscription Terms.

2. RIGHTS AND OBLIGATIONS

2.1 FT will provide Client with access to the Products set out in the Order (including, where applicable for the relevant Product, providing Client with a ‘link’, ‘Pin’, ‘ID’, or similar mechanism for such purposes).

2.2 FT shall use commercially reasonable efforts to make the Products available at least 99% of each calendar month subject to any downtime associated with routine maintenance. Client acknowledges that FT is not responsible for unavailability due to reasons beyond FT’s control, such as issues with Client’s network or any Force Majeure Event.

2.3 Client will, and will ensure that its Users will:
(a) only use the Products for Client’s business purposes in accordance with this Agreement and applicable laws;

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(b) (if applicable) be responsible for the accuracy, quality and legality of Client Content and for ensuring that it has all necessary rights, licences and consents to use the Client Content in the Products;
(c) where required, register online to access the applicable Product, with each registration being for a single User only;
(d) only provide access to persons permitted under this Agreement, complying with any limit on the number of permitted Users set out in the Order;
(e) ensure that any passwords (or equivalent) issued for use by specific Users are kept confidential and not shared with other individuals (internally or externally); (f) use commercially reasonable efforts to prevent unauthorised use of the Products or any Content, and notify FT promptly of any such unauthorised access or use; (g) if requested by FT, provide FT with a list of Users so that FT may provide those Users with access to the Product; and
(h) notify FT of any change of Users from time to time (including when Users cease to be employed or engaged by Client).

2.4 Save as expressly permitted by applicable law or otherwise approved in writing in advance by FT, Client will not, and will not permit any third party to:
(a) copy, adapt, reverse engineer, decompile, disassemble, modify, adapt and/or make error corrections to the whole and/or any Products or Content (or any part thereof); (b) interfere with or disrupt the integrity or performance of any part of any Product; (c) sell, license, sub-license, grant or purport to grant any rights in or otherwise make available any Products or Content (or any part thereof);
(d) use Content to create a product or service that competes with or fulfils an identical or similar purpose to any Product;
(e) use any part of any Product to store or transmit malicious, infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
(f) remove, conceal or alter any FT name, trademark, copyright notices or other means of identification or disclaimers as contained in the Products; (g) state or imply that FT promotes or endorses any specific regional investment, third party products or services (except to the extent that FT does expressly endorse any specific regional investment, third party products or services); or
(h) distort or misrepresent the substance of any Product or any part thereof.

2.5 FT reserves the right to monitor Product usage by all Users during the Subscription Period, for the purpose of, for example, product development, usage reporting and ensuring compliance with this Agreement. Where FT has reasonable grounds to suspect unauthorised use of a Product by Client or a User, FT reserves the right to immediately deny access to a Product to that User. FT will promptly notify Client of such denial of access, which will continue until such time as FT is satisfied, in its reasonable opinion, that such unauthorised use is resolved.

2.6 FT has no obligation to monitor or moderate Client Content, but FT has the right to remove any Client Content that FT considers (in its sole discretion) to violate this Agreement or to expose FT or its other clients or users to any legal liability or unacceptable commercial or reputational risk.

2.7 FT reserves complete freedom in the form of the Products and may add to, remove or edit the Content at any time without notice.

2.8 Except as expressly provided in this Agreement, no rights or licences, express or implied, are granted to Client or any third party in respect of the Products or Content. Client acknowledges that as between itself and FT, FT and its licensors are the owners of all IPRs in the Products and Content.

2.9 Client grants to FT a worldwide, royalty-free licence to host, copy, transmit, and display Client Content for the purposes of this Agreement.

2.10 FT may invite Client to trial the use of any elements of the products which are clearly designated as beta versions which are not generally available to all customers for evaluation purposes only. Client may at its sole discretion accept or decline any such invitation and acknowledges that such products are delivered “as is” and that FT may discontinue any such products at any time in FT’s sole discretion.

EXHIBIT B
Docusign Envelope ID: 2ED2FE77-6A09-89D2-800D-2CFC676543D9 3 Version 08 May 2025

3. FEES

3.1 Client will pay the Fees in full to FT in the currency set out in the Order and promptly provide any information that FT may reasonably require to provide Client with a valid invoice. All Fees and any other amounts payable by Client are exclusive of value added tax or any other taxes which are or may be applicable, and Client agrees to pay any such taxes as duly invoiced by FT. Failure to pay any undisputed Fees on time will constitute a material breach of this Agreement.

3.2 If Client is required by any law or regulation to make any deduction or withholding (on account of tax or otherwise) from any payment, Client will, together with such payment, pay any additional amount as will ensure that FT receives, free and clear of any tax or other deduction or withholding, the full amount which it would have received if no such deduction or withholding had been required. Client will promptly forward to FT copies of official receipts or other evidence showing that the full amount of any such deduction or withholding has been paid over to the relevant taxation or other authority.

4. WARRANTIES AND INDEMNITY

4.1 Each party warrants and represents to the other that it is entitled to and has the necessary authority to enter into this Agreement and to perform the obligations imposed on it under this Agreement.

4.2 FT warrants and represents to Client that it has the right to grant the right to allow the Client to access and use the Products in accordance with this Agreement; and it will use reasonable care and skill in its provision of the Products to Client under this Agreement.

4.3 Client warrants and represents to FT that it has the right to grant the licences granted under this Agreement.

4.4 Subject always to Client complying with the obligations and restrictions set out in this Agreement, FT agrees to indemnify Client against any damages (including reasonable legal costs) which may be awarded by a court of competent jurisdiction against Client or may be agreed to be paid to any third party, in each case in respect of any claim that Client’s use of the Products or Content in accordance with the terms of this Agreement infringes the IPRs of such third party (such claim, a “Content TPC”), provided that: (a) Client gives notice to FT of such Content TPC promptly on becoming aware of it and does not at any time admit liability or otherwise attempt to settle or compromise such Content TPC without FT’s prior written consent; (b) FT will have sole conduct of the defence or compromise of any Content TPC and as between FT and Client will have the sole right to any costs and damages awarded as a result; and (c) Client acts in accordance with the reasonable instructions of FT (including at FT’s request promptly removing, deleting or destroying any copies of the Content in its control or possession) and provides FT with such assistance as it will reasonably require, at FT’s reasonable cost, in respect of the conduct of such defence or compromise.

4.5 For Products subject to clauses 12 and/or 13: To the extent permitted by applicable law and subject always to FT complying with the obligations and restrictions set out in this Agreement, Client agrees to indemnify FT against any damages (including reasonable legal costs) which may be awarded by a court of competent jurisdiction against FT or may be agreed to be paid to any third party, in each case in respect of any claim that FT’s use of any Client Content in accordance with the terms of this Agreement infringes the IPRs of such third party (such claim, a “Client Content TPC”), provided that: (a) FT gives notice to Client of such Client Content TPC promptly on becoming aware of it and does not at any time admit liability or otherwise attempt to settle or compromise such Client Content TPC without Client’s prior written consent; (b) Client will have sole conduct of the defence or compromise of any Client Content TPC and as between FT and Client will have the sole right to any costs and damages awarded as a result; and (c) FT acts in accordance with the reasonable instructions of Client (including at Client’s request promptly removing, deleting or destroying any copies of the Client Content in its control or possession) and provides Client with such assistance as it will reasonably require, at Client’s reasonable cost, in respect of the conduct of such defence or compromise.

5. CONFIDENTIALITY AND DATA PROTECTION

5.1 Each party will keep confidential all information (written or oral) concerning the business and affairs of the other that it will have obtained or received as a result of the discussion leading up to the entering into, or during the performance of, this Agreement (“Confidential Information”) save that which is:
(a) already in its possession other than as a result of a breach of this clause 5.1. (b) in the public domain other than as a result of a breach of this clause 5;

EXHIBIT B
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(c) required by a government body, a court of competent jurisdiction, or otherwise by law to be disclosed; or
(d) (in respect of information concerning the business or affairs of Client) is acquired by members of FT’s newsgathering or news dissemination operations by persons who are not provided with access to the Confidential Information pursuant to the terms of this Agreement.

5.2 To the extent that each Party processes any personal data of any staff of the Client who access the Products in relation to this Agreement, it does so as a data controller and shall comply with all applicable Data Protection Laws, including maintaining appropriate technical and organisational measures to prevent the accidental, unauthorised or unlawful processing, destruction, loss, damage or disclosure of personal data processed by it.

5.3 Each of the parties undertakes to the other to take all such steps as will from time to time be necessary to ensure compliance with the provisions of this clause 5 by its employees, agents and sub-contractors.

6. TERM AND TERMINATION

6.1 This Agreement will continue for the Subscription Period, unless terminated earlier in accordance with its terms.

6.2 Either party may terminate this Agreement (or, at that party’s option, any relevant Product) immediately by notice to the other party if:
(a) the other party commits any material breach of this Agreement and, where the breach is capable of remedy, fails to remedy the breach within 14 days after being notified of it; or (b) the other party: (a) has a change of Control, (b) is dissolved, or (c) ceases to carry on its business, or (d) has a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets, or (e) passes a resolution for its winding up, or (f) becomes the subject of an administration order or liquidation order or similar order from a court of competent jurisdiction, (g) enters into any voluntary arrangement with its creditors, or (h) or becomes unable to pay its debts as they fall due, or (i) is the subject of any analogous event in any jurisdiction;
(c) the other party (or any of its shareholders or directors) becomes subject to any Sanction, or continuation of this Agreement would (in the reasonable opinion of FT) expose FT or any of its affiliated companies to any Sanction, where “Sanction” means any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom, Hong Kong or United States of America.

6.3 Where FT has the right to terminate this Agreement or to issue a notification of breach it may at its discretion elect by notice to suspend its provision of any relevant Product to the Client or the relevant User(s) until FT, in its reasonable opinion, is satisfied that the breach is remedied or until FT exercises its right to terminate the Agreement or any relevant Product. The suspension will not affect Client’s payment obligations.

6.4 Any termination of this Agreement is without prejudice to any other rights or remedies a party may be entitled to under this Agreement or at law.

6.5 The expiry or termination of this Agreement, or of any Product, will be without prejudice to any accrued rights under it, including FT’s right to receive payment of all Fees.

6.6 On the termination or expiry of the Agreement:
(a) Client’s and its Users’ rights to access the Products and use Content shall immediately cease; (b) Client shall notify its Users that they are no longer entitled to access or use the Products and the Content; and
(c) Client shall promptly delete all copies of Content and any confidential information of FT that it has stored on its systems, and if requested to do so by FT, Client will certify in writing to FT its compliance with this clause.

6.7 The provisions of this Agreement that by their nature and content, must survive the completion, rescission or expiration of this Agreement, will survive, including clauses 1, 2, 3, 4.4, 5, 6.5, 6.6, 7, 9, 10, 11, 12, and 13.

EXHIBIT B
Docusign Envelope ID: 2ED2FE77-6A09-89D2-800D-2CFC676543D9 5 Version 08 May 2025

7. LIABILITY

7.1 Except as expressly provided in this Agreement and to the extent permitted by law, no warranty, condition, representation or undertaking, express or implied, statutory or otherwise, is given or assumed by either party and all such warranties, conditions, representations and undertakings are excluded.

7.2 Content is provided “as is” and is only for general information and use. It is not intended to address particular requirements and does not constitute any form of advice, recommendation or representation by FT. Content may have ceased to be current at the time it is received.

7.3 The Products may contain hyperlinks or references to third party websites and third party products or services. This is not an endorsement, and FT accepts no legal responsibility for any products, content, material or information contained in such third party products or services. Client’s use of any third party site may be governed by the terms and conditions of that third party site, and any agreements, transactions or other arrangements made between the Client and any third party is at Client’s own responsibility and risk.

7.4 Excluding Client’s payment obligations:
(a) neither party will have any liability to the other for any indirect, special, incidental or consequential loss or damage of any kind whatsoever, including any such loss of profits, loss of revenue, anticipated savings, loss of business or loss of data; and (b) the total aggregate liability of each party under or in relation to this Agreement within any contract year (meaning any 12 month period commencing on the date of this Agreement or any anniversary of it) shall not exceed 150% of the total Fees payable during the contract year in which the breaches occurred.

7.5 Nothing in this Agreement will limit or exclude the liability:
(a) of either party for death or personal injury caused by that party’s negligence; (b) of either party for fraud or for fraudulent misrepresentation; (c) of the Client for any infringement or misuse of FT’s IPRs; or (d) of either party for any other matters for which it would be unlawful to exclude or limit liability.

8. FORCE MAJEURE

8.1 Neither party will be in breach of this Agreement or liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay arises from or is attributable to any circumstances beyond its reasonable control (other than lack of funds on the part of Client) (“Force Majeure Event”). If the Force Majeure Event continues for at least thirty days, either party will be entitled to terminate this Agreement by notice in writing to the other.

9. GENERAL

9.1 If either party delays or fails to exercise any right or remedy under this Agreement, it will not have waived that right or remedy.

9.2 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on, and will have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. Nothing in this clause 9.2 will limit or exclude any liability for fraud.

9.3 The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

9.4 If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

9.5 A person who is not a party to this Agreement will not have any rights under or in connection with it.

9.6 No provision of this Agreement may be amended, modified, discharged or terminated other than by the express written agreement of the parties.

EXHIBIT B
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9.7 Any notice given under or in connection with this Agreement will be made in writing and sent for the attention of the other party’s Relationship Manager to the address of the other party as set out on the Order, and in the case of a breach or termination notice sent by Client shall be copied to [email protected]. Such notice must be delivered by hand, recorded delivery, courier or email and will be deemed to have been received, if delivered by hand, at the time and date of delivery; if sent by recorded delivery or courier, upon the date of receipt (as evidenced by signature); and if sent by email, at the time of transmission. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

9.8 This Agreement may be signed in counterparts each of which once signed will be deemed to be an original of this Agreement. Signed copies of this Agreement sent as a PDF by email will be deemed to be originals of this Agreement.

9.9 Client may not assign at law or in equity its rights under this Agreement or subcontract any of its duties or obligations under this Agreement without the prior written consent of FT.

9.10 This Agreement will be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

10. ADDITIONAL TERMS FOR DATABASE PRODUCTS

10.1 The additional provisions of this clause 10 only apply to the following Database Products: fDi Markets, fDi Benchmark, InvestmentFlow, IncentivesFlow, fDi Markets Library, IncentivesFlow Library and InvestmentFlow Library.

10.2 For the purposes of this clause 10:
(a) “Abstract” means a non-verbatim summary of an Extract or Extracts; (b) “Extract” means any data or information from the Database Product; (c) "IPA” means an entity who is a member of the World Association of Investment Promotion Agencies and/or is directly or indirectly owned or controlled by a government body or agency (or any other type of public or state-owned authority) and whose purpose involves investment promotion or economic development activities; and
(d) “Substitute” means a database, work, product or service that could: (i) reduce the need for Client or third parties to purchase Database subscriptions or other rights to use FT Content directly from FT; or (ii) create revenues from the Content to the detriment of FT’s own ability to generate revenues from the Content.

10.3 Client and its Users may only use the Products:
(a) to undertake research and generate search results;
(b) to download search results on a non-systematic basis to the Client’s own systems, provided that this does not: (i) exceed the download limits set out in the Order; or (ii) create a Substitute; (c) to print hard copies of the search results only for Client’s internal purposes and not to be transferred, distributed, sold, or otherwise made available to any person outside of Client’s organisation;
(d) to include Extracts and Abstracts on a non-systematic and infrequent basis in works produced by Client or User with reasonable skill and care for redistribution provided that such Extracts or Abstracts are not: (i) the main subject or focus of such works; and/or (ii) a potential Substitute; (e) Client shall ensure persons to whom Extracts or Abstracts are made available, are made aware that such Extracts or Abstracts may not be copied, redistributed or modified in any way and the following wording shall appear immediately below each publication:

1. of an Extract “Source: [Name of relevant Product], a service from The Financial Times Ltd. [Year]. All Rights Reserved.”; and

2. of an Abstract “This summary was produced by [Client name] using data provided by [Name of relevant Product].”
(f) for IPA clients only when using the fDi Benchmark, distribute (in hard copy or by email) reports produced by Users through the fDi Benchmark report function tool to potential investors, provided that (i) the attribution and disclaimer wording contained in such reports is not removed or modified, and (ii) the information and data within the report is not altered or modified by Client, other than as permitted by the functionality of the Product; or (g) to refer to the applicable Product as a source in press statements.

EXHIBIT B
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10.4 Client must inform FT if any proposed User is a third-party consultant providing services to the Client.

Where FT agrees that such consultant may be a User, the Client must ensure that the consultant only uses the Product for the purpose of providing services to Client and only downloads and stores Content on Client’s own systems. FT may withdraw its consent to such consultant being a User at any time, in which case Client shall procure that the consultant no longer has access to any Content and shall if requested by FT procure that the consultant confirms in writing to FT that the consultant no longer has access to Content.

10.5 For the purposes of the fDi Markets Library, the IncentivesFlow Library and the InvestmentFlow Library Products only:

Only individuals working or studying within Client organisation who have an email address with the email domain specified in the Order shall be a permitted User. Client shall not permit any self-employed contractors or consultants to access the Products without the prior written consent of FT. Client shall provide FT with a schedule of IP addresses to facilitate User access to the applicable Database. Client acknowledges that Users will not be able to save search results. Access to the Product at any one time shall be limited to the maximum number of Users stated in the Order. Additional Users will be placed in a queuing system until access becomes available.

10.6 To the fullest extent permitted by law, we expressly prohibit any use of our Content (including any associated metadata) in any manner for any machine learning and/or artificial intelligence purposes, including without limitation for the purposes of training or development of artificial intelligence technologies or tools or machine learning language models, or otherwise for the purposes of using or in connection with the use of such technologies, tools or models to generate any data or content and/or to synthesize or combine with any other data or content. We reserve all rights to license any use of our Content for any such purposes.

11. ADDITIONAL TERMS FOR FT INSTITUTE PRODUCT

11.1 The additional provisions of this clause 11 only apply to the FT Institute Product.

11.2 Client shall only enable use of the Product and any related training materials by Client’s own staff with an email address using the domain name set out in the Order.

11.3 In order to receive a certificate for achieving the FT ‘Certificate of Excellent in Foreign Direct Investment and Investment Promotion (CEFDI)” each User must successfully complete all applicable CEFDI training modules to the satisfaction of FT. CEFDI certificates are automatically generated by the FT Institute e-learning platform.

12. ADDITIONAL TERMS FOR AMPLIFY AND INVESTMENTMAP PRODUCTS

12.1 The additional provisions of this clause 12 only apply to the Amplify and InvestmentMap Products and, where applicable, to Zoomprospector and Zoomtour Products as set out in clause

13.15. 12.2 Client is responsible for all use of any application that is owned, licensed, obtained or used by Client in connection with the Product, including any third party application as may be suggested by FT from time to time (a "Non-FT Application"). Client must ensure that all such use is in accordance with any supplier terms, and that any licence is sufficient to permit use by FT for the purposes of this Agreement. Client agrees that FT may permit the Non-FT Application to access the Client's account and Client Content to allow for any intended interoperability with the Product. Client acknowledges that the use of any Non-FT Application is at Client's risk and expense, that FT does not warrant or support any Non-FT Applications, and that FT is not responsible or liable to Client for any Non-FT Application, its interoperability with the Product, or any activity relating to the Non-FT Application (including liability for any disclosure, modification or deletion of any Client Content or other data as a result of the use of any Non-FT Application). FT may at any time temporarily or permanently disable or require Client to cease using any Non-FT Application if in FT's reasonable opinion such use breaches or is likely to breach this Agreement, poses a threat to the security of the Product or FT's systems, or otherwise damages or is likely to damage the Product or FT's systems. Client acknowledges that FT will not be liable or provide any refund, credit, or other compensation for any unavailability or deterioration of any Product features as a result of any withdrawal, unavailability or performance of any Non-FT Application for any reason, including where the Non-FT Application is suspended or disabled by FT.

EXHIBIT B
Docusign Envelope ID: 2ED2FE77-6A09-89D2-800D-2CFC676543D9 8 Version 08 May 2025

12.3 Client shall not frame or mirror any part of the Product or Content, other than framing on Client’s own intranets or otherwise for Client’s own internal business purposes;

12.4 To the extent that the Client Content includes any Personal Data or the Product processes user or visitor Personal Data for which FT is a processor for the purposes of fulfilling its obligations under this Agreement (“Client Personal Data”) FT shall:
(a) process Client Personal Data only for the purpose of the provision of the Services in accordance with the Agreement, and not retain, use, disclose or process Client Personal Data for any other purpose;
(b) comply with all obligations imposed on processors by Data Protection Laws; (c) provide reasonable assistance to Client without undue delay in fulfilling any obligation under Data Protection Laws to respond to requests by data subjects (including data subject access requests and deletion requests), subject always to Client’s payment of FT’s reasonable costs of doing so;
(d) provide reasonable cooperation to Client in connection with any data protection impact assessment or consultations with regulatory authorities that may be required in accordance with Data Protection Laws, in each case subject always to Client’s payment of FT’s reasonable costs of doing so;
(e) use appropriate technical and organisational measures when processing Personal Data to ensure a level of security appropriate to the risk involved; (f) to the extent permitted by applicable law, notify Client as soon as reasonably practicable (and in any event within 72 hours) after becoming aware of any breach of security leading to the accidental or unlawful destruction, loss or unauthorised disclosure of Client Personal Data, and provide reasonable details and updates on the same; and (g) if requested, provide Client with information necessary to demonstrate FT’s compliance with obligations under Data Protection Laws and this Addendum, and if Client reasonably considers that such information is insufficient, allow for audits at Client’s reasonable request at FT’s premises provided always that such audits are on reasonable notice, conducted during FT’s normal business hours by appropriate individuals solely to the extent necessary to check FT’s compliance with such obligations, subject to appropriate confidentiality provisions, and limited to once a year (except in the event of a personal data breach) and during business hours.

12.5 Client agrees that FT may engage subprocessors to process Client Personal Data for the purposes of the Agreement (if required). FT will not engage a subprocessor for such purposes without informing Client in advance of the identity of such subprocessor. Client may object to FT's appointment or replacement of a sub-processor prior to its appointment or replacement, provided such objection is in writing and based on reasonable grounds relating to data protection. In such an event, the parties agree to discuss commercially reasonable alternative solutions in good faith. If the parties cannot reach a resolution within ninety (90) days from the date of FT’s receipt of Client’s written objection, Client may discontinue the use of the affected Services by providing written notice to FT. Such discontinuation will be without prejudice to any fees incurred by Client prior to the discontinuation of the affected Services.

If no objection has been raised prior to FT replacing or appointing a new sub-processor, FT will deem Client to have authorized the new sub-processor. FT will ensure that any subprocessor is bound by obligations no less onerous than those set out in this clause 12.5.

12.6 To the extent CCPA is applicable to any Client Personal Data processed by FT under the Agreement, FT acknowledges that it acts as a service provider, and FT shall not: (a) sell Client Personal Data; (b) retain, use, or disclose Client Personal Data for any purpose other than the specific purpose of performing the Services in accordance with the Agreement; (c) retain, use, or disclose Client Personal Data for a commercial purpose other than providing the Services in accordance with the Agreement; or (d) retain, use, or disclose the information outside of the direct business relationship between FT and Client. FT certifies that it understands and will comply with the responsibilities and restrictions imposed by this clause 12.6 and by the CCPA.

12.7 Client shall comply with Data Protection Laws in its use of the Services and its own processing of Client Personal Data and ensure that it has, and will continue to have, the right to transfer, or provide access to, Client Personal Data to FT for processing in accordance with the terms of the Agreement and this clause 12.7.

EXHIBIT B
Docusign Envelope ID: 2ED2FE77-6A09-89D2-800D-2CFC676543D9 9 Version 08 May 2025

12.8 On termination of the Agreement, howsoever caused, FT will (a) immediately cease processing the Client Personal Data; (b) for a period of 30 days from termination (or such other period agreed by FT in writing), make the Client Personal Data available for downloading by the Client in .csv format and attachments in their native format (to the extent Client has not deleted such data); and (c) following such 30 day period, irrevocably delete the Client Personal Data.

13. ADDITIONAL TERMS FOR ZOOMPROSPECTOR AND ZOOMTOUR PRODUCTS

13.1 The additional provisions of this clause 13 only apply to the ZoomProspector and ZoomTour, Products.

13.2 For the purposes of this clause 13:
(a) “Administration Interface” means the interface provided for Client to manage Client Site. (b) “Administrator Login” means any Login giving the User administration-level privileges to Client Site.
(c) “Client Site” means a web-based application providing the functionality set out in the Documentation, as updated by FT from time to time and as may be customized by FT through any Customization Services provided in accordance with these Product Terms. (d) “Custom Domain” means any domain used for Client Site, other than the Principal Domain. (e) “Customization Services” means the customization services (if any) specified in the Order and in respect of which these Product Terms apply.
(f) “Documentation” means the documentation for the Client Site as made available by FT to the Client.
(g) “Go-Live Date” means the date when FT notifies the Client that the Client Site is publicly available at the Principal Domain.
(h) “Login” means the unique access credentials (user name and password or as otherwise specified by FT from time to time) for each User.
(i) “Principal Domain” means the principal domain (being a subdomain of the zoomprospector.com domain) at which FT hosts Client Site. (j) “Services” means the Client Site, maintenance, and making available the Client Site (including the Administration Interface) as set out in the Order, and where expressly provided for in the Order, Customization Services by FT.
(k) “Software” means FT’s proprietary software which forms the basis for Client Site. (l) “Target Go-Live Date” means the non-binding target Go-Live Date as set out in the Order. (m) “Third Party Content” means data sourced by FT from a third party and incorporated into or made available through the Client Site.

13.3 Nothing in this Agreement entitles Client to actual possession of the Software or Client Site. Client acknowledges and agrees that use of the Software and Client Site is provided on an application services basis only.

13.4 Any changes or additions to the Services required by Client shall be subject to the written agreement of FT and subject to payment of any agreed additional fees and expenses.

13.5 Client shall not obscure any legal or regulatory notices or links to legal or regulatory notices incorporated into the Client Site (including where Client Site is embedded within another website).

13.6 Where the Order includes Customization Service:
(a) FT will carry out the Customization Services to prepare Client Site for launch; (b) Once Client Site is ready, FT will notify Client, giving instructions on how Client Site can be accessed; and
(c) Client acknowledges that any Target Go-Live Date set out in the Order is an estimate only. FT will use reasonable endeavours to ensure that the Go-Live Date is no later than the Target GoLive Date, but Client acknowledges that this is dependent upon Client meeting its own obligations under this Agreement and may be affected by other factors beyond FT’s control.

13.7 With effect from the Go-Live Date, FT will use commercially reasonable efforts to make Client Site available and online for at least 99% of each calendar month. Client agrees and understands that the following will not be taken into account when measuring FT’s performance against that target:
(a) routine scheduled maintenance by FT or its internet provider or hosting facility;

EXHIBIT B
Docusign Envelope ID: 2ED2FE77-6A09-89D2-800D-2CFC676543D9 10 Version 08 May 2025
(b) Client’s loss of connectivity to Client Site due to reasons which are beyond FT’s control, such as problems with Client’s own network and/or computers or with any internet infrastructure; or (c) a Force Majeure Event (as defined at clause 8 of the General Subscription Terms).

13.8 Where Client and FT agree to use of a Custom Domain, then the Custom Domain will map to the Principal Domain, so that end users of Client Site access Client Site at the Custom Domain and the Principal Domain redirects to the Custom Domain.

13.9 Any Custom Domain is subject to FT’s approval (not to be unreasonably withheld) and must not be misleading, infringe the IPRs of any third party; or incorporate any of the trade marks of FT, its affiliates, or its licensors.

13.10 Except as agreed in writing by FT, all Custom Domains will be registered in the name of FT and belong to FT. Any change to a Custom Domain may be subject to additional charges at FT’s standard rates.

13.11 FT will issue up to five (5) Administrator Logins to Client, which gives the User full access to Client Site and the Administration Interface, including the ability to add or delete Client Content without restriction and to add or delete Users or Logins. Each Login will have varying privileges and access rights as specified in the Documentation. Client is responsible for all activity that takes place under each Login, and it is Client’s responsibility to ensure that each Login is kept secure and not shared by more than one individual. Each User may be required to agree to FT’s individual user terms and privacy policy in order to access Client Site using their Login.

13.12 Client grants (and will ensure that all Users who upload Client Content grant) to FT a worldwide, perpetual, irrevocable, royalty-free licence to copy, distribute, make available, modify, perform and otherwise use Client Content for the purposes of providing the Services and making Client Content available through the ZoomProspector and ZoomTour Products and other ZoomProspector sites managed and/or provided by FT.

13.13 Client is solely responsible for any Client Content uploaded to or otherwise made available through the Client Site. Client must ensure that all Users are made aware of the terms on which Client Content is uploaded and used.

13.14 In this clause, "Website Visitor Tracking Software" means a third-party software component using reverse DNS lookup from IP address data to identify and provide Client with the corporate entities associated with visitors to the Client Site. On Client’s instruction, FT will incorporate Website Visitor Tracking Software into the Client Site, providing such details of the current Website Visitor Tracking Software as Client may reasonably request. Client will be the data controller in relation to any data processing via the Website Visitor Tracking Software and will ensure such processing complies with all applicable laws relating to data protection, privacy and direct marketing. Client will promptly confirm in writing to FT any specific information or materials (such as links to the Client’s Privacy Policy or cookiebanner wording) that must be incorporated into the Client site to ensure compliance. The cost of installing the Website Visitor Tracking Software is included in the Fees, but if Client purchases any additional services from the provider of the Website Visitor Tracking Software, Client shall be responsible for all associated fees. FT will have no responsibility or liability in relation to those additional services or the performance of the Website Visitor Tracking Software and any data provided by it.

13.15 To the extent that FT acts as a processor for the purpose of fulfilling its obligations in respect of the Services, clauses 12.4 to 12.8 will apply and references to “Client Personal Data” shall be taken to be any personal data obtained relating to visitors to the Client Site.

14. VERSION

14.1 The version of the Subscription Terms posted at the time of Client’s signature of the Agreement will be the only version that applies until the termination of the Agreement.

14.2 FT may at any time update or amend the Subscription Terms by posting a new version of the relevant terms. However, any changes will not apply to any existing Agreements. Previous versions of the Subscription Terms will continue to be made available at https://legal.ft.com/ftspecialist/subscriptionterms.

14.3 The current version of these Subscription Terms was posted on 23 February 2026.

EXHIBIT B
Docusign Envelope ID: 2ED2FE77-6A09-89D2-800D-2CFC676543D9 Certificate Of Completion
Envelope Id: 2ED2FE77-6A09-89D2-800D-2CFC676543D9 Status: Completed Subject: Complete with Docusign: GIS Planning Inc - TS Agmt - FINAL.pdf Source Envelope:

Document Pages: 13 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
6/16/2026 12:45:27 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Signer Events Signature Timestamp
Jeff Suneson
[email protected]
Director of Client Services
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:
2601:204:c282:8150:3467:81fa:3e8d:45d8
Sent: 6/16/2026 12:53:20 PM
Resent: 6/18/2026 4:39:25 PM
Viewed: 6/23/2026 4:45:41 PM
Signed: 6/23/2026 4:46:25 PM
Electronic Record and Signature Disclosure:

Accepted: 6/23/2026 4:45:41 PM
ID: 3f56b730-8a8c-4c05-99c4-f1b9fd45d89a
Gregory Pronovost
[email protected]
Technology Services Director
City of Bakersfield, Technology Services Department
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.46.226.5
Sent: 6/23/2026 4:46:27 PM
Viewed: 6/23/2026 4:47:12 PM
Signed: 6/23/2026 4:47:33 PM
Electronic Record and Signature Disclosure:

Accepted: 6/23/2026 4:47:12 PM
ID: e5d0b922-914f-40d3-b040-a6038fa812b9
In Person Signer Events Signature Timestamp
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Agent Delivery Events Status Timestamp
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Envelope Sent Hashed/Encrypted 6/16/2026 12:53:21 PM
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Electronic Record and Signature Disclosure

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

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

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.

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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.

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: Jeff Suneson, Gregory Pronovost
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.

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To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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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-guidesigning-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.

ADMINISTRATIVE REPORT
MEETING DATE: June 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Brent Stratton, Chief of Police
DATE: June 22, 2026
SUBJECT: Agreement with the 15th District Agricultural Association dba Kern County Fair (reimbursement to the City not to exceed $430,000) to provide security services for the 2026 Kern County Fair
RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND: The Kern County Fair will run September 23, 2026 – October 4, 2026. The Kern County Fairgrounds fall within the jurisdictional boundaries of the Bakersfield Police Department. The Bakersfield Police Department will be the primary law enforcement agency and lead security operations starting a week before the event’s start date on September 18, 2026. The fair operational times are as follows:

Monday-Thursday 4:00PM – 11:00PM
Friday (9/25) 10:30AM – 11:00PM
Friday (10/2) 3:00PM – 11:00PM
Saturdays 12:00PM – 11:00PM
Sundays 12:00PM – 10:00PM
Approximately 400,000 people are expected to attend the 2026 Kern County Fair. The primary goal of operations is the safety of all participants, visitors, and vendors. A thorough assessment of resources has been accomplished. Staffing will consist of Police Department personnel as well as personnel from local allied agencies. Security operations will run 24 hours a day and involve a variety of deployment strategies.

The Kern County Fair has contracted with private security personnel to assist with fair operations. Private security staff will work in conjunction with Bakersfield Police Department personnel to provide effective security for fair attendees.

FISCAL IMPACT: The 15th District Agricultural Association dba Kern County Fair will reimburse the City for all security services provided under this agreement in an amount not to exceed $430,000.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

1. Exhibits, A, B, C & E

2. Signed Agreement

CITY OF BAKERSFIELD
Bakersfield Police Department

STANDARD AGREEMENT S -

1. . 2. 0,000.00
A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:

1. List as the Additional Insured: "That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/ Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or nonprofit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."

2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.

3. Coverages:
a. Genera l Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 00-01. Limits shall not be less than for the limits in the CFSA Hazardous/Nonhazardous Activities List which includes, but is not limited to, the following: $5,000,000 per occurrence for Carnival Rides and for Freefall Attractions (elevated jumps involving airbags); $5,000,000 per occurrence for the following types of Motorized Events: Automobile races, drifting exhibitions, burnout contests/competitions, truck rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows, figure 8 racing, stock car racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410 sprints, modified, super stock, mini-stock, dwarf cars, micro lights, endure, pro stock. $3,000,000 per occurrence for the following types of Motorized Events: motorcycle racing, flat track motorcycle racing, arena-cross, freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower races. $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock Events such as Bull Riding,

INSURANCE REQUIREMENTS
(revised effective January 1, 2023)
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, the California Fair Services Authority, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:

C STANDARD AGREEMENT S -

Revised Eff. January 1, 2023
Bareback, Saddle Bronc, or Mutton Busting; $2,000,000 per occurrence for the following: Concerts: 2,000 and more attendees; Extreme Attractions*: All Types, including but not limited to bungee attractions, ejection seats, sky scrapers, Trampoline Things/quad jumpers, zip line or similar attractions requiring a Cal/OSHA permit to operate; Fair time Kiddie Carnival Rides: Up to 6 kiddie rides (includes book-in rides); Interim Carnival Rides; Extreme Attractions; Law Enforcement: All types, including but not limited to city police, county sheriff, California Highway Patrol, county probation, California Department of Corrections, state or federal military. Mutual indemnification in the contract may substitute for coverage with written approval from CFSA. Mechanical Bulls; Motorized Events: Car jumping contests/demonstrations of hydraulic modifications to automobiles; Rave Type Events: Any dance or concert which extends beyond midnight; Rodeo Events: All Types without a paid gate and with any Rough Stock Events such as Bull Riding, Bareback, Saddle Bronc, or Mutton Busting; Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events but including barrel racing, penning, and roping; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.

The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or coverage limitations, including sub-limits, that apply to the contractor/renter’s activities, or business to be conducted under the contract or rental agreement/lease, must be listed in the Certificate of Insurance.

If there is a self-insured retention or deductible in the contractor/renter’s coverage equal to or in excess of $100,000, the self-insured retention/deductible amount shall be included as part of the Certificate of Insurance. A copy of the contractor/renter’s policy declaration page containing this information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it contains all the aforementioned information.
b. Automobile Liability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 00-01, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation - Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law. d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.

4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be

Revised Eff. January 1, 2023
sent to the Certificate Holder in accordance with policy provisions.

5. Certificate Holder:
• For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder.
• For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.

6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.

7. Insured : The contractor/renter must be specifically listed as the Insured.

OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.

OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).

OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of selfinsurance has been approved by California Fair Services Authority ( CFSA).

II. General Provisions

1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.

Revised Eff. January 1, 2023

2. Primary Coverage - The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.

3. Contractor’s Responsibility - Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.

4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).

III. Participant Waivers

1. For hazardous participant events (see subsection 4. below), the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter.

2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or for, hazardous participant events (see subsection 4. below) obtains a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events and provides a copy to the contractor/renter.

3. The contractor/renter shall provide copies of all executed release and waiver of liability agreements required under subsections 1. and 2. above to the Fair at the end of the rental agreement.

4. Hazardous participant events include, but are not limited to, any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority, Risk Management Department at (916) 921-2213 for further information and for CFSA Release and Waiver Form.

GTC 307

EXHIBIT

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.

Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: “For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.”

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

S:\ADMIN\HOMEPAGE\GTC-307.doc
Docusign Envelope ID: CCC680FE-7AC8-899B-81DE-260F2ED8939B 6/22/2026
Police Chief
Brent Stratton 6/22/2026
Docusign Envelope ID: CCC680FE-7AC8-899B-81DE-260F2ED8939B Michael Olcott
Michael G Olcott CEO
Michael Olcott

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Brent Stratton. Chief of Police
DATE: July 2, 2026
SUBJECT: Agreement with Kern County Superintendent of Schools Alternative Education Division (KCSOS) (not to exceed $220,000 to the city) to provide School Resource Officer services.

RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND: In February 2018, the Bakersfield Police Department (BPD) and the Bakersfield City School District (BCSD), as recommended by the City Council’s Safe Neighborhoods Committee, implemented a pilot project to engage two full-time school resource officers (SRO) dedicated to BCSD schools. The goal of this partnership was to reduce chronic absenteeism, chronic truancy violence, drug and alcohol use, gang involvement, bullying, and harassment in the community to help ensure BCSD schools are safe learning environments with positive school culture.

On January 8, 2025, BPD entered into Agreement No. 2025-001 with KCSOS to provide SRO program services with a term date of June 30, 2026, and a not to exceed amount of $138,000.

Due to the success of the program both parties would like to continue the SRO program for the 26/27 school year. The district will pay at the following rate:
 School year 26/27 a rate of $8,132 per officer per two (2) weeks of service with a not to exceed compensation amount of $220,000.

FISCAL IMPACT: KCSOS will only be billed for the weeks the district schools are in session, plus one additional week immediately prior to the first week of the school year and one additional week immediately following the last week of the school year. KCSOS may also be billed for the weeks summer school is in session if SROs are requested. Any additional services, including overtime, will be charged to KCSOS at actual costs to the City in addition to the baseline figure quoted above if such additional services are mutually agreed upon in writing by both City and KCSOS prior to services being rendered.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

1. Signed Agreement

2. Exhibit A
Docusign Envelope ID: 67124DB0-3A50-8A69-80BD-34E1FAA91BD9 Docusign Envelope ID: 67124DB0-3A50-8A69-80BD-34E1FAA91BD9 Docusign Envelope ID: 67124DB0-3A50-8A69-80BD-34E1FAA91BD9 Docusign Envelope ID: 67124DB0-3A50-8A69-80BD-34E1FAA91BD9 Docusign Envelope ID: 67124DB0-3A50-8A69-80BD-34E1FAA91BD9 Docusign Envelope ID: 67124DB0-3A50-8A69-80BD-34E1FAA91BD9 Docusign Envelope ID: 67124DB0-3A50-8A69-80BD-34E1FAA91BD9 Docusign Envelope ID: 67124DB0-3A50-8A69-80BD-34E1FAA91BD9

EXHIBIT A
School Resource Officer (SRO)
Job Duties
Goal: Have a visible and active resource role within the school community to better address the underlying community and socio-economic conditions that affect chronic absenteeism, truancy, school climate and safety.

Performance Responsibilities/Essential Functions

1. Provide school resource officer services to the school, school grounds and areas adjacent to the school during the normal school day and at co-curricular, extracurricular and nonacademic events as needed. Investigate allegations of criminal incidents pursuant to Bakersfield Police Department policies and procedures. Enforce state and local laws and ordinances. Make appropriate referrals to juvenile authorities or other governmental agencies.

2. The SRO will work together with District staff to improve student attendance and address chronic absenteeism and truancy by building relationships with school staff, students, their families, and the community surrounding the school. In an effort to prevent juvenile delinquency through close contact and positive relationships with students, families, faculty and staff, SRO will conduct truancy related home visits for students and families, as identified by the District, who reside within the Target Area, and report interactions and outcomes of home visits to identified District staff. Work with District staff using positive behavior supports and interventions targeted to increase attendance and school success.

3. Participate in School Attendance Review Board (SARB) hearings as requested by the District.

Issue citations for truancy and chronic absenteeism within the authority afforded under the law.

4. Be personable, approachable and available in order to mentor and build positive relationships with students and families. Mentor students to help them make appropriate choices and to understand and appreciate the opportunities that are available to them. Act as a role model for students and assist them in solving problems, resolving conflicts. Promote the profession of law enforcement officer and be a positive role model. Increase the visibility and accessibility of law enforcement to the school community. Provide weekly mentoring check-ins with up to ten (10) students per officer.

5. Work with school student support staff to assist students and to provide services to students involved in situations where referrals to service agencies are necessary. Assist in efforts related to crisis response, threat assessment, conflict resolution, parent involvement and engagement, and truancy.

6. Attend District trainings in order to obtain a fundamental understanding of the District’s Code of Conduct, requirements as to school removals and related student discipline procedures, including due process requirements and positive behavior supports and interventions.

Demonstrate and apply a general understanding of the characteristics of the different stages of adolescence, as well as the various methods in communicating effectively with students whose disabilities are not patently obvious but significantly impair those students’ ability to understand verbal and non-verbal communication, particularly in stressful situations.

EXHIBIT A

7. Establish and maintain a close partnership with school administrators, faculty and staff in order to provide for a safe school environment, including school removals, their impact, student discipline parameters and procedures, community issues such as understanding gang related activities and promoting drug and alcohol awareness. Assist school officials with their efforts to enforce Board policies and procedures. Ensure school administrator safety by being present during school searches, which may involve weapons, controlled dangerous substances or in such cases that, the student's emotional state may present a risk to the administrator. Upon request, assist school administrators in emergency crisis planning and building security matters. Upon request, provide a course of training for school personnel in handling crisis situations, which may arise at the school.

8. Perform duties as determined by the Superintendent or designee (other than those regularly assigned) to support the District in maintaining safe school environment, including assisting in individual school emergencies such as accidents or injury, choking or anaphylactic shock.

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent Agreements TO: Honorable Mayor and City Council
FROM: Brent Stratton, Chief of Police
DATE: July 6, 2026
SUBJECT: Agreement with the County of Kern to Purchase a Robotic Canine Unit to accept funding in the amount of $404,000 for the acquisition of a robotic canine unit.

RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND: The County of Kern is the recipient of an allocation from the State of California under Section 19.563(f)(31) of California Assembly Bill 102 – Budget Act of 2023, to provide various duties relating to fentanyl misuse (“Fentanyl Task Force Funding”), including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California, identification and assessment of sources and drivers of legal and illicit fentanyl and xylazine activity in California, and evaluating approaches to increase public awareness of fentanyl misuse, develop methods to strengthen state and local efforts to prevent fentanyl misuse, review and recommend model treatment protocols for medication-assisted treatment (MAT).

The County now desires to provide funding in an amount not to exceed $404,000, for the acquisition of a robotic canine unit through this Agreement as a separate and independent allocation disbursement agreement, limited to the eligible costs and purposes expressly stated within the agreement.

The Bakersfield Police Department (BPD) will utilize the allocated dollars to acquire and deploy a robotic canine unit in support of fentanyl and xylazine detection, seizure, interdiction, enforcement, and related Fentanyl Misuse and Overdose Prevention Task Force activities.

FISCAL IMPACT: Funds will be dispersed to the BPD only as a reimbursement for actual, eligible and documented costs incurred in a not to exceed amount of $404,000.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

Signed Agreement
AGREEMENT NO. _________________
Kern County Fentanyl Misuse and Overdose Prevention Task Force Fund Allocation Disbursement Agreement – Robotic Canine Unit County of Kern – City of Bakersfield
This Allocation Disbursement Agreement (“Agreement”) is made and entered into on _____________________ by and between the County of Kern, a political subdivision of the State of California (hereinafter “County”) and the City of Bakersfield, a municipal corporation, acting by and through the Bakersfield Police Department (hereinafter “Agency”). County and Agency are referred to individually as “Party” and collectively as “Parties.”
WITNESSETH:

WHEREAS:
a) The County of Kern is the recipient of an allocation from the State of California under Section

19.563(f)(31) of California Assembly Bill 102 – Budget Act of 2023, to provide various duties relating to fentanyl misuse (“Fentanyl Task Force Funding”), including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California, identification and assessment of sources and drivers of legal and illicit fentanyl and xylazine activity in California, and evaluating approaches to increase public awareness of fentanyl misuse, develop methods to strengthen state and local efforts to prevent fentanyl misuse, review and recommend model treatment protocols for medication-assisted treatment (MAT) of fentanyl misuse; and b) Agency submitted a request for funding in an amount not to exceed four hundred four thousand dollars ($404,000) for the acquisition of a robotic canine unit for the Agency’s fentanyl and xylazine detection, interdiction, and enforcement capabilities; which has been reviewed and approved by California State Assemblymember Jasmeet Bains for the purposes of prevention, enforcement, and education related to fentanyl and xylazine misuse; and
c) County desires to provide funding for the acquisition of the robotic canine units through this Agreement as a separate and independent allocation disbursement agreement, limited to the eligible costs and purposes expressly stated herein; and d) Agency is a local law enforcement agency within the county and desires to utilize allocation dollars to acquire and deploy the robotic canine unit in support of fentanyl and xylazine detection, seizure, interdiction, enforcement, and related Fentanyl Misuse and Overdose Prevention Task Force activities, subject to the terms, conditions, documentation requirements, and limitations set forth in this Agreement .

NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, County and Agency agree as follows:

1. Purpose. The County’s sole obligation under and pursuant to the terms and provisions of this Agreement shall be the payment to reimburse the Agency as specified in paragraph two of this section.

Agency shall use funds provided under this Agreement solely to reimburse Agency for the costs of acquisition of one robotic canine unit in the maximum amount of FOUR HUNDRED FOUR THOUSAND DOLLARS ($404,000) to support fentanyl and xylazine detection, interdiction, enforcement, and Task Force-related public safety activities (“Acquisition”).

Funds shall not be used for salaries, overtime, routine maintenance, replacement costs, administrative overhead, or any other ongoing operating cost.

2. Term. Agency shall submit all reimbursement requests to utilize such funding during a period from the date of this Agreement through December 31, 2026.

3. Disbursement of Allocation Dollars and Documentation. Funds shall be disbursed only as reimbursement for actual, eligible, and documented costs incurred by Agency during the Term. As a condition of reimbursement, Agency shall submit documentation satisfactory to County, including, as applicable, vendor invoices, purchase orders, proof of payment, vehicle identification numbers, equipment descriptions, canine identification records, training invoices, and handler training completion records.

Agency shall submit a final closeout report no later than thirty (30) days after completion of all purchases or expiration of the Term, whichever occurs first. The final report shall include all required reimbursement documentation, asset records, and confirmation that the robotic canine unit has been placed into service for the purposes described in this Agreement.

The County shall not exceed its maximum financial obligation under this Agreement. Agency shall be solely responsible for all costs exceeding this amount, including any cost increases, taxes, delivery charges, equipment upgrades, maintenance, replacement, or ongoing operational expenses. Any savings, unused funds, or unexpended balances shall not be redirected to any other purpose without County’s prior written approval.

Agency shall not seek or accept reimbursement under this Agreement for costs reimbursed or paid through any other federal, state, local, or private funding source. County may deny reimbursement for any cost that is unsupported, outside the approved scope, incurred outside the Term, duplicative, unreasonable, or inconsistent with this Agreement.

4. Procurement, Ownership, Use, and Asset Control. Agency shall be solely responsible for the Acquisition in compliance with all applicable laws, regulations, policies, and procurement requirements applicable to Agency. County shall not be deemed the purchaser, owner, operator, or contracting party for any agreement procured by Agency under this Agreement.

Agency shall hold title to and maintain control over all assets and equipment acquired with funds provided under this Agreement. Agency shall maintain asset records sufficient to identify each funded asset, including purchase date, cost, vendor, identification number, deployment status, and disposition. During the useful life of any funded asset, Agency shall not sell, transfer, dispose of, materially modify, or repurpose the asset for a use unrelated to this Agreement without County’s prior written approval. If Agency fails to place the funded assets into service, materially misuses the assets, transfers or disposes of the assets without approval, or fails to use the assets for the purposes described in this Agreement, County may require repayment of all or a proportionate share of funds disbursed.

Agency shall be solely responsible for all matters relating to the selection, acquisition, training, certification, care, control, deployment, supervision, retirement, replacement, and disposition of each canine funded under this Agreement.

5. Non-appropriation. County reserves the right to terminate this Agreement in the event insufficient funds are appropriated or budgeted for this Agreement in any fiscal year. Upon such termination, County will be released from any further financial obligation to Agency, except for any Acquisition performed prior to the date of termination. Agency will be given thirty (30) days written notice in the event that such action is required by County.

6. Assignment. Agency shall not assign, transfer, or encumber this Agreement, or any part, and Agency shall not assign any monies due or which become due to Agency under this Agreement, without the prior written consent of County.

7. Audit, Inspection and Retention of Records. Agency shall maintain and make available to County accurate books and records relative to the Acquisition under this Agreement. Agency shall permit County to audit, examine, and make excerpts and transcripts from its records and to conduct audits of all invoices, materials, records of personnel, or other data related to the Acquisition under this Agreement. Agency shall maintain its data and records in an accessible location and condition for a period of not less than three years from the date of final payment under this Agreement, or until after the conclusion of any audit, whichever occurs last. The State of California and/or any federal agency having an interest in the subject of this Agreement shall have the same rights as County.

8. Authority to Bind County. It is understood that Agency, in Agency’s performance of any and all duties under this Agreement, except as otherwise provided in this Agreement, has no authority to bind County to any agreements or undertakings.

9. Captions and Interpretation. Paragraph headings in this Agreement are used solely for convenience and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a Party because that Party or its legal representative drafted such provision. This Agreement is the product of negotiation and both Parties are equally responsible for its authorship. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

10. Choice of Law/Venue. The Parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. This Agreement has been entered into and is to be performed in the County of Kern. Accordingly, the Parties agree that the venue of any action relating to this Agreement shall be in the County of Kern.

11. Compliance with Law. Agency shall observe and comply with all applicable county, state and federal laws, ordinances, rules and regulations now in effect or hereafter enacted (“Applicable Law”), each of which are hereby made a part hereof and incorporated herein by reference.

12. Confidentiality. Agency shall not, without the prior written consent of the County, communicate confidential information, designated in writing or identified in this Agreement as confidential, to any third party and shall protect confidential information from inadvertent disclosure to any third party in the same manner that it protects its own confidential information, unless disclosure is required in response to a validly issued subpoena or other process of law. Upon completion of this Agreement, the provisions of this Section 13 shall continue to survive.

13. Conflict of Interest.
a. Financial Conflicts of Interest. Agency has read and is aware of the provisions of Government Code Section 1090 et seq. and Section 87100 et seq. relating to conflict of interest of public officers and employees. Agency acknowledges that it is unaware of any financial or economic interest of any public officer or employee of County relating to this Agreement. If is further understood and agreed that if a financial interest does exist at the inception of this Agreement, County may immediately terminate this Agreement by giving written notice. Agency shall comply with the requirements of Government Code Section 1090 et seq. and 87100 et seq. during the Term.
b. Organizational Conflicts of Interest. Agency represents, to the best of its knowledge, that neither Agency nor any Agency Representative presently has any consulting or contractual arrangement with any firm or organization that would give rise to an organizational conflict of interest with respect to the Acquisition. Neither Agency nor any Agency Representative shall enter into any contractual arrangement that would give rise to any potential organizational conflict of interest, without first obtaining County’s prior written approval before entering the into the contractual arrangement. If any organizational conflict of interest is discovered by Agency relating to this Agreement, Agency shall immediately notify County, and attempt to present a suitable mitigation plan. County may, at its sole discretion, terminate this Agreement in the event that Agency has any actual or potential organizational conflict of interest. As used in this Section 14.b, “organizational conflict of interest” means any relationship whereby Agency has present or planned interests related to the Acquisition which (i) may diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (ii) may result in Agency or any Agency Representative being given an unfair advantage.

14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

15. Enforcement of Remedies. No right or remedy conferred on or reserved to a Party is exclusive of any other right or remedy under law, equity or statute, but each shall be cumulative of every other right or remedy now or in the future existing under law, equity or statute, and may be enforced concurrently or from time to time.

16. Indemnification.
a. General.

Agency shall defend, indemnify, and hold harmless County and County’s board members, elected and appointed officials, officers, employees, agents, volunteers and authorized representatives (“County Indemnified Parties”) from any losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments and costs, including attorneys’ fees of County Counsel and outside counsel retained by County, expert fees, costs of staff time, and investigation costs (“Claims”) which arise out of or relate to any act or omission of Agency or Agency’s officers, employees, agents and subcontractors of any tier hired by Agency to perform the Services Acquisition (“Agency Representatives”). This indemnification obligation shall include bodily and personal injury or death to any person; damage to any property, regardless of where located, including the property of County; and any workers’ compensation Claim arising from or relating to the Services Acquisition.

Agency shall defend any Claim with counsel of Agency’s choice, subject to County’s written approval, and at Agency’s sole cost.
b. Immigration Reform and Control Act. Agency acknowledges that Agency and Agency Representatives are aware of and understand the Immigration Reform and Control Act (“IRCA”). Agency is and shall remain in compliance with the IRCA and shall ensure that any Agency Representatives are and shall remain in compliance with the IRCA. In addition, Agency shall defend, indemnify and hold harmless County and County Indemnified Parties from any Claims which arise out of or relate to any allegations that Agency or Agency Representatives are not authorized to work in the United States and/or any other allegations based upon alleged IRCA violations committed by Agency or Agency Representatives.

Agency shall defend any Claim with counsel of Agency’s choice, subject to County’s written approval, and a Agency’s sole cost.

Survival of Indemnification Obligations. Upon completion of this Agreement, the provisions of this Section 18 shall survive.

17. Insurance. Agency, in order to protect County and County Indemnified Parties against Claims as a result of the performance of Agency’s obligations, as required in this Agreement, shall secure and maintain the following insurance. Agency shall not perform any Acquisition until Agency has obtained all insurance required under this Section 18. Agency self-insures as a matter of normal business practice, and will continue to self-insure for the term of this Agreement. Agency, upon request of County, shall forward documentation to County that demonstrates to County that Agency self-insures as a matter of normal business practice with coverages compatible with the below requirements. County will accept reasonable proof of self-insurance comparable to the below requirements.
a. Workers’ Compensation and Employer’s Liability Insurance Requirement. If Agency has employees who may perform any Acquisition under this Agreement, Agency shall submit written proof that Agency is insured against liability for workers’ compensation in accordance with the provisions of California Labor Code Section 3700. Agency shall require any Agency Representatives to provide workers’ compensation for any of the Agency Representative’s employees, unless the employees are covered by the insurance carried by Agency. If any class of employees engaged in the Acquisition is not covered by California Labor Code Section 3700, Agency shall provide and/or require each Agency Representative to provide adequate insurance for the coverage of employees not otherwise covered. Agency shall also maintain employer’s liability insurance with limits of $1,000,000 for bodily injury or disease.
b. Liability Insurance Requirements.
i. Types of Liability Insurance. Agency shall maintain in full force and effect, during the Term, the following types of liability insurance:

1. Commercial General Liability Insurance, including Contractual Liability Insurance (specifically covering the indemnification provisions of this Agreement), Products-Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Agency’s performance of the Acquisition. The Commercial General Liability insurance shall contain no exclusions or limitations for Agency Representatives working on the behalf of the named insured. Agency shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by Applicable Law following termination of this Agreement. The amount of the insurance coverage required by this Agreement shall be the policy limits, which shall be no less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.

2. Automobile Liability Insurance, against claims of Personal Injury (including bodily injury and death) and Property Damage covering any owned, leased, hired and non-owned vehicles used in the performance of the Acquisition with insurance coverage equal to the policy limits, which shall be no less than one million dollars ($1,000,000) each occurrence.

3. Professional Liability (Errors and Omissions) Insurance, for liability arising out of or related to the performance of the Acquisition, with insurance coverage equal to the policy limits, which shall be no less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
ii. Endorsements. The Commercial General Liability and Automobile Liability Insurance required in this Section 18 shall include an endorsement naming County and County Indemnified Parties as additional insureds for liability arising out of this Agreement and any related operations. The endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on other forms which provide coverage at least equal to or better than form CG 20 10 11 85.
iii. Claims-Made Insurance. If any of the insurance coverages required under this Agreement is written on a claims-made basis, Agency, at Agency’s option, shall either (i) maintain the coverage for at least three years following the termination of this Agreement with coverage extending back to the Effective Date; (ii) purchase an extended reporting period of not less than three years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
c. Insurance Companies. All insurance shall be issued by a company or companies admitted to do business in California and listed in the current “Best’s Key Rating Guide” publication with a minimum rating of A-; VII. Any exception to these requirements must be approved in writing by the County Risk Manager.
d. Self-Insurance. If Agency is, or becomes during the Term, self-insured or a member of a self-insurance pool, Agency shall provide coverage equivalent to the required insurance coverages and endorsements. County will not accept the coverages unless the County Risk Manager determines, in its sole discretion and by written acceptance, that the coverages proposed to be provided by Agency are equivalent to the required coverages. e. Primary Insurance; Waiver of Subrogation. All insurance carried by Agency shall be primary to and not contributing to any insurance or self-insurance maintained by County. f. Insurance Does Not Replace Indemnification. Maintenance of the insurance coverages in the minimum specified amounts shall not be construed to relieve Agency for any liability, whether within, outside, or in excess of the coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude County from taking other actions as are available to it under this Agreement or under Applicable Law. g. Failure to Maintain Insurance. Failure by Agency to maintain all insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Agency.

County, at its sole option, may terminate this Agreement and obtain damages from Agency resulting from the breach. Alternatively, County may purchase the required insurance coverage, and without further notice to Agency, County shall deduct from sums due to Agency any premiums and associated costs advanced or paid by County for the insurance.

If the balance of monies owed to Agency under this Agreement is insufficient to reimburse County for the premiums and any associated costs, Agency shall reimburse County for the premiums and pay for all costs associated with the purchase of the insurance. Any failure by County to take this alternative action shall not relieve Agency of its obligation to obtain and maintain the insurance coverages required by this Agreement. h. Cancellation of Insurance. The insurance coverages required to be maintained by Agency shall be maintained until the completion of the Acquisition except as otherwise stated in this Agreement. Each insurance policy supplied by Agency shall not be terminated, suspended, voided, canceled, non-renewed or reduced in coverage or in limits except after 10 days prior written notice to Agency in the case of non-payment of premiums, or 30 days prior written notice in all other cases. This notice requirement does not waive these insurance requirements. Agency shall immediately obtain replacement coverage for any insurance policy that is terminated, suspended, voided, canceled, reduced in coverage, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

18. Modifications of Agreement. This Agreement may be modified in writing only, signed by the Parties in interest at the time of the modification.

19. Negation of Partnership. In the performance of the Acquisition under this Agreement, Agency shall be, and acknowledges that Agency is, in fact and law, the recipient of an allocation and not an agent or employee of County. Agency has and retains the right to exercise full supervision and control over the manner and method of performing the Acquisition under this Agreement. Agency retains full supervision and control over the employment, direction, compensation and discharge of all persons assisting Agency in the performance of the Acquisition under this Agreement. With respect to Agency’s employees, if any, Agency shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety, welfare and civil rights laws, tax withholding and payment of employee taxes, whether federal, state or local, and compliance with any and all other laws regulating employment.

20. Non-Collusion Covenant. Agency represents and agrees that (i) it has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of this Agreement with County and (ii) it has received from County no incentive or special payments and no considerations not related to the provision of the Acquisition.

21. Nondiscrimination. Neither Agency, nor any Agency Representative, shall discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or any other classification protected by Applicable Law, either directly, indirectly or through contractual or other arrangements.

22. Non-waiver. No term, covenant or condition of this Agreement can be waived except by the prior written consent of County. Forbearance or indulgence by County shall not constitute a waiver of the covenant or condition to be performed by Agency. County shall be entitled to invoke any remedy available to County under this Agreement or by Applicable Law despite the forbearance or indulgence.

23. Notices. All notices under this Agreement shall be provided to Kern County at the address indicated in the opening section of this Agreement and to the Agency and Responsible County Department at the addresses shown below. Delivery shall be by personal delivery or deposit in the U.S. Mail, postage prepaid, registered or certified mail, addressed as specified above. Notices delivered personally shall be deemed received upon receipt; mailed or expressed notices shall be deemed received five days after deposit. A Party may change the address to which notice is to be given by giving notice as provided above. Nothing in this Agreement shall be construed to prevent or render ineffective delivery of notices under this Agreement by leaving the notice with the receptionist or other person of like capacity employed in Agency’s office, or the receptionist for the Kern County General Services Department.

Responsible County Department
Fentanyl Prevention, Education, and Treatment Fund
County Administrative Office
Kern County Administrative Center
1115 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Bakersfield City Police Department
1601 Truxtun Avenue
Bakersfield, CA 93301

24. Ownership of Documents. All reports, documents, and other items generated or gathered in the course of performing the Acquisition are and shall remain the property of County, and shall be returned to County upon full completion of the Acquisition or termination of this Agreement, whichever first occurs.

25. Representations. Agency makes the following representations, which the Parties agree are material to and form a part of the inducement for this Agreement:
a. Expertise and Staff. Agency has the expertise, support staff, and facilities necessary to perform the Acquisition; and
b. No Adverse Interests. Agency does not have any actual or potential interests adverse to County, nor does Agency represent a person or firm with an interest adverse to County relating to the subject of this Agreement; and
c. Timeliness. Agency shall diligently perform the Acquisition in a timely and professional manner in accordance with the terms and conditions of this Agreement.

26. Severability. If any term, covenant or condition in, or provision of, this Agreement is determined by a court to be in conflict with any Applicable Law, or otherwise be unenforceable or ineffectual, the validity of the remaining terms or provisions shall be deemed severable and shall not be affected, provided that the remaining terms or provisions can be construed in substance to constitute the agreement which the Parties intended to enter into on the Effective Date.

27. Signature Authority. Each Party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement.

28. Sole Agreement. This Agreement, including Exhibits, contains the entire agreement of the Parties relating to the Acquisition, rights, and obligations and terms, covenants and conditions contained in this Agreement and assumed by the Parties. No inducements, representations or promises have been made, other than those stated in this Agreement. No oral promise, modification, change, or inducement shall be effective or given any force or effect.

29. Termination. The County may at its election, without cause, terminate this Agreement by written notice (“Notice of Termination”). The Notice of Termination shall be deemed effective 15 days after personal delivery, or 20 days after mailing by U.S. Mail, postage prepaid, registered or certified mail, addressed as provided in Section 24. In addition, either Party may immediately terminate this Agreement if the other Party fails to substantially perform in accordance with the terms and conditions of this Agreement through no fault of the Party initiating the termination. In the event this Agreement is terminated by either Agency or the County, Agency shall submit to the Responsible County Department all files, memoranda, documents, correspondence and other items generated in the course of performing the Acquisition, within 15 days after the effective date of the Notice of Termination. If either Party terminates this Agreement as provided in this Section 30, County shall pay Agency for any satisfactory Acquisition rendered by Agency prior to the effective date of Notice of Termination in an amount not to exceed the maximum dollar amount shown in Section 1.

30. Time of Essence. Time is expressly declared to be of the essence of this Agreement and of each provision, and each provision is declared to be a material, necessary and essential part of this Agreement.

31. Waiver of Claims. Agency waives all claims and recourse against County, including the right to retribution for any loss or damage arising from, growing out of, or in any way connected with or incident to this Agreement.

32. No Third Party Beneficiaries. The Parties understand and agree that the enforcement of the terms, covenants and conditions and all rights of action relating to enforcement, shall be strictly reserved to County and Agency. Nothing contained in this Agreement shall give or allow any claim or right of action by any other third person. It is the express intention of County and Agency that any person or entity, other than County or Agency, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.

33. Gender/Plural. References to feminine, masculine or neutral include the other, and references to the singular or plural include the other.

34. Recitals. Each of the recitals is incorporated in this Agreement, is deemed to be the agreement and a reflection of the intent of the Parties, and is relied upon by the Parties in agreeing to the provisions of this Agreement and in interpreting its provisions.

35. Political/Religious Activity. No person performing any Acquisition designated under this Agreement shall participate in any political or religious activity on County time or in any manner involving the use of county property or expenditure of public funds nor conveying the implication of County endorsement or support for a candidate for local, state, or federal office. Notwithstanding the foregoing, nothing in this Agreement shall be construed to unlawfully limit an individual’s Constitutional rights. Accordingly, the limitations contained in this section are for the sole purpose of preventing proselytizing and politicking while engaged in the performance of the Acquisition under this Agreement.

IN WITNESS TO THE FOREGOING, the parties have executed this Agreement as of the day and year first written above.
“COUNTY” “AGENCY”
COUNTY OF KERN: CITY OF BAKERSFIELD:
_____________________________ ____________________________

PHILLIP PETERS KAREN GOH
Chairman, Board of Supervisors Mayor

BAKERSFIELD POLICE DEPARTMENT
_____________________________

BRENT STRATTON
Police Chief
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ _____________________________ KELLI M. KING ASHLEY ZAMBRANO
Deputy County Counsel Deputy City Attorney
APPROVED AS TO CONTENT: COUNTERSIGNED:
______________________________ _____________________________

NANCY ANDERSON, RANDY MCKEEGAN
County Administrative Officer Finance Director

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: July 1, 2026
SUBJECT: Quitclaim agreement with Calloway North Investors, LLC for purchase of easement [Document Description]
RECOMMENDATION:

Staff recommend approval of the agreement.

BACKGROUND:

On February 13, 1959, Gregorio and Eulalia Mendiburu granted to the Kern River Canal and Irrigating (KRC&I) Company, a pipeline easement granting KRC&I Company the right to lay and operate a water pipeline beneath their property (the “Easement”). On December 22, 1976, City acquired the Easement along with its pre-1914 water rights and much of its current water infrastructure.

Calloway North Investors, LLC has determined a need to acquire the Easement.

City Staff have determined that, for City purposes, the Easement is no longer necessary. As such, City Staff negotiated an agreement with Calloway North Investors, LLC, whereby the LLC will purchase the Easement from City for nominal consideration.

FISCAL IMPACT:

There is no fiscal impact to the City’s General Fund associated with the approval of this agreement.

COUNCIL GOAL:

Economic Opportunity for All
ATTACHMENTS:

1. Agreement with Calloway North Investors

2. Exhibit A

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 24, 2026
SUBJECT: Gosford Planned Sewer Area reimbursement agreement with Deertrail VAG 1, LLC (not to exceed $510,450) for design and construction of a portion of the sewer improvements. (Ward 5)
RECOMMENDATION:

Staff recommends approval of this agreement.

BACKGROUND:

Deertrail Vag I, LLC (Developer) is developing tract 6859 on the southwest corner of McKee Road and Gosford Road. As part of a sewer study conducted for Tract Map 6859, the Developer was required to design and construct a portion of the sewer improvements consisting of a portion of the 18-inch sewer line, and 2 manholes.

The Developer is requesting reimbursement for its costs of installing the above noted sewer improvements. Reimbursement will be made from fees collected from the Gosford Planned Sewer Area (Resolution 100-2023) in the amount of $510,450.

FISCAL IMPACT:

Monies collected for the Gosford Planned Sewer Area have been held in the Gosford Planned Sewer Area trust account. The reimbursement will be taken from this trust. There will be no impact to the City’s General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Agreement with Exhibits

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent Calendar - Agreements TO: Honorable Mayor and City Council
FROM: Phillip W. Burns, Development Services Director
DATE: June 19, 2026
SUBJECT: License Agreement with North Kern Water Storage District, BN Bakersfield 1, LP, for Tract 7093 Phase 3.
($6,000) to allow the construction of a storm drain line over an existing canal (Ward 4).

RECOMMENDATION:

Staff recommend approval of the License Agreement.

BACKGROUND:

BN Bakersfield, LP will be entering into an improvement agreement with the City of Bakersfield for the construction of public improvements associated with Tract 7093 Phase 3. A key part of these improvements is the construction of a storm drain line that will be taking drainage from Olive Drive and crossing over North Kern District’s R-0 Canal to reach a sump on the other side. Once completed, the public improvements will be maintained by the City of Bakersfield.

The improvement plans have been reviewed and approved by both the City and North Kern Water Storage District. In order to move forward with construction, the developer must obtain final permission from North Kern Water Storage District. To address this, North Kern Water Storage District and the City have prepared a license agreement, which must be executed between the City, North Kern Water Storage District, and BN Bakersfield, LP to allow the storm drain line to be built across the canal.

The Development Services Department has reviewed the license agreement and is recommending that the City Council approve the license agreement. This is the final step needed to comply with project requirements and allow the developer to proceed with construction of the improvements.

FISCAL IMPACT:

There will be no financial impact to the City. The proposed storm drain line will be bonded for by the developer and they will pay all required fees to North Kern Water Storage District for processing this license agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

License Agreement

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 25, 2026
SUBJECT: Final Map, Improvement Agreement, and Landscape Agreement with Owners and Contractor of Tract 6397 Phase 1.

Developer is requesting to enter into agreements so the final map for Tract 6397 Phase 1 located northeast corner of Madison Street and East Berkshire Road can be approved and recorded (Ward 1).

RECOMMENDATION:

Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 6397 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Pacific Crown Holdings, Inc., Jeffrey Young and Fanny Chang Lai, as Trustees under The Jeffrey Yung Lai and Fanny Chang Lai Living Trust Dated August 31, 2015 and JP Heritage Square 1, LLC, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded.

The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.

The Landscape Improvement Agreement requires the Developer to complete the required landscape and irrigation improvements within the time frame and in the manner outlined in the agreement’s terms. A landscape agreement is required whenever the Developer desires to record their final map before the landscaping improvements are in.

FISCAL IMPACT:

There will be no financial impact to the City. Proposed street improvements are being bonded for and included within the proposed improvement agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Tract 6397-1 – Final Map

2. Tract 6397-1 – Improvement Agreement

3. Tract 6397-1 – Landscape Agreement

4. Tract 6397-1 – Vicinity Map

5. Tract 6397-1 – Covenants

Vesting Tentative Tract Map 6397
Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, Tentative Tracts _Query result
6/26/2026, 10:05:04 AM
0 0.05 0.1 0.2 mi
0 0.1 0.2 0.4 km
1:9,028
City of Bakersfield
The City of Bakersfield makes no warranty, representation, or guarantee

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 19, 2026
SUBJECT: Final Map, Improvement Agreement, and Landscape Agreement with Summit Capital Ventures, Inc. Tract 7468 Phase 2.

Developer is requesting to enter into agreements so the final map located south side of Stockdale Ranch Drive, west of South Wegis Avenue can be approved and recorded (Ward 5).

RECOMMENDATION:

Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7468 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Summit Capital Ventures, Inc., wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded.

The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.

The Landscape Improvement Agreement requires the Developer to complete the required landscape and irrigation improvements within the time frame and in the manner outlined in the agreement’s terms. A landscape agreement is required whenever the Developer desires to record their final map before the landscaping improvements are in.

FISCAL IMPACT:

There will be no financial impact to the City. Proposed street improvements are being bonded for and included within the proposed improvement agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Tract 7468-2 – Final Map

2. Tract 7468-2 – Improvement Agreement

3. Tract 7468-2 – Landscape Agreement

4. Tract 7468-2 – Vicinity Map

5. Tract 7468-2 – Covenants

R-1
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C-1
C-O/P.C.D.

C-O/P.C.D.

C-O/P.C.D.

C-O/P.C.D.

C-O/P.C.D.

C-O/P.C.D.

C-O/P.C.D.

C-O/P.C.D.

MUSCATINE LN

MAIRS DR

CARNABY ST

STOCKDALE RANCH DR S WEGIS AVE

CROSS VALLEY CANAL

CROSS VALLEY CANAL
4/9/2024
0 190 380
Feet
_
VTTM 7468
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S-( ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-O Professional and Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM- West Ming Specific Plan
LEGEND
(ZONE DISTRICTS)

CITY OF BAKERSFIELD
VTTM 7468
CITY
COUNTY
CITY
COUNTY
TRACT 7468-1

VICINITY MAP

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip W. Burns, Development Services Director
DATE: June 23, 2026
SUBJECT: Common Use Agreement between The City of Bakersfield and PG&E for road construction over a pipeline within Tract 7468.

The City of Bakersfield is requesting to enter into a common use agreement with Pacific Gas & Electric (PG&E) to allow the construction of a road over an existing 34” High Pressure Gas Line (Ward #5).

RECOMMENDATION:

Staff recommend approval of the Common Use Agreement.

BACKGROUND:

Summit Capital Ventures, Inc. will be entering a improvement agreement with the City of Bakersfield for the construction of public improvements associated with Tract 7468 Phase 2. Said agreement is scheduled for approval by July 15th City Council Meeting. A key part of these improvements is the construction of Sheeran Drive, which will cross over an existing large high-pressure gas pipeline owned by Pacific Gas & Electric Company (PG&E). Once completed, the public improvements will be maintained by the City of Bakersfield.

The improvement plans have been reviewed and approved by both the City and PG&E. In order to move forward with construction, the developer must obtain final permission from PG&E. To address this, PG&E has prepared a Consent to common use agreement, which must be executed between the City and PG&E to allow the roadway to be built across their pipeline.

The Development Services Department has reviewed the common use agreement and is recommending that the City Council approve the Consent to Common Use Agreement. This is the final step needed to comply with project requirements and allow the developer to proceed with construction of the improvements.

FISCAL IMPACT:

There will be no financial impact to the City. The proposed improvements will be bonded for by the developer, and they will pay all required fees to PG&E for processing this common use agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Consent to Common Use Agreement

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: July 6, 2026
SUBJECT: Street Utility Cut Guarantee agreement with Race Telecommunications, LLC that ensures the appropriate repairing and replacing of streets after cutting existing roadways to lay utility lines. (All Wards)
RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

Race Telecommunications LLC is installing new facilities throughout the City right-of-way within the city limits. As a requirement, Race Telecommunications, LLC must obtain a street permit for each project, including paying deposits and pavement degradation fees. As an alternative to paying these deposits and fees, Race Telecommunications, LLC is requesting to enter into a street utility cut guarantee agreement with the City that ensures Race Telecommunications, LLC will repair and replace any substandard work done to City streets as a result of installing new facilities. Additionally, this agreement helps expedite the street permit process for the City and Race Telecommunications, LLC.

FISCAL IMPACT:

There is no fiscal impact to the City’s General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Street Utility Cut Guarantee Agreement with Race Telecommunications, LLC

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

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

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

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

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

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

CANCELLATION

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

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

AUTOS ONLY
4/23/2026
Marsh & McLennan Agency LLC
Marsh & McLennan Ins Agency LLC
1255 Treat Boulevard #950
Walnut Creek CA 94597
925-482-9300 License#: 0H18131 Redwood Fire and Casualty Insurance Co 11673 RACETELEC Berkshire Hathaway Homestate Ins Co 20044 Race Telecommunications LLC
dba Race Communications
1325 Howard Ave
Suite 604
Burlingame CA 94010 455079476
A
B
Y RAWC739182
X
RAWC739432
12/28/2025
12/28/2025
12/28/2026
12/28/2026
1,000,000 1,000,000 1,000,000
Waiver of Subrogation in favor of City of Bakersfield applies to Workers' Compensation per form WC 99 04 10C.

City of Bakersfield
Office of Risk Management
1600 Truxtun Ave
Bakersfield CA 93301

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WC 99 04 10 C
(Ed. 01-19)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA

BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of % to the total manual premium, with a minimum initial charge, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Blanket Waiver
Person/Organization Blanket Waiver – Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) WC 99 04 10 C
(Ed. 01-19)
Job Description
All CA Operations
INSURED:

POLICY#: POLICY PERIOD: TO:

Race Telecommunications LLC RAWC739182 12/28/2025 12/28/2026

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: June 30, 2026
SUBJECT: Water Pipeline Crossing License Agreements with Railroad Companies along Berkshire Road

1. Agreement with BNSF Railroad Company (not to exceed $3,900) and

2. Agreement with Union Pacific Railroad Company (not to exceed $10,000) to allow construction of water pipeline along Berkshire Road (Ward 5) RECOMMENDATION:

Staff recommend approval of the Pipeline Crossing License Agreements BACKGROUND:

Lennar is proposing to develop a parcel of land east of a railroad line located immediately to the east of the T-intersection at Berkshire Road and Laredo Drive. As a condition of approval for the project, the developer is required to extend the existing water line eastward across the railroad track. Upon completion, this water pipeline will be owned and maintained by the City of Bakersfield.

To obtain approval of the proposed improvement plans, the developer must secure an easement from both Union Pacific Railroad and BNSF (the “Railroad Companies”). Both companies have drafted Pipeline Crossing License Agreements, which must be executed between the City and Railroad Companies to facilitate the necessary improvements.

The Water Department has reviewed the proposed improvement plans and agreements and recommends that the City Council approve the Pipeline Crossing Agreements. These agreements, which outline the terms for the water pipeline installation, are necessary to ensure compliance with project conditions and to allow the developer to proceed with the required improvements.

FISCAL IMPACT:

There is no fiscal impact to City. The proposed water line will be bonded for by the developer, and the developer will pay all required fees to BNSF and Union Pacific Railroad for processing the agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. BNSF License Agreement – Berkshire Road

2. SJVR License Agreement – Berkshire Road
Tracking #26W-28169/BF-20627301
- 1 - Form 424; Rev. 20200605

PIPELINE LICENSE
THIS PIPELINE LICENSE ("License") is made to be effective ______________, 2026 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF BAKERSFIELD, a California municipality ("Licensee").

In consideration of the mutual covenants contained herein, the parties agree to the following:

GENERAL

1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one (1) pipeline, 12 inches in diameter inside a 24 inch steel casing (collectively, the "Pipeline"), across or along Licensor's rail corridor at or near the station of Bakersfield, County of Kern, State of California, Line Segment 8110, Mile Post 1.84 as shown on the attached Drawing No. 101486, dated April 10, 2026, attached hereto as Exhibit "A" and incorporated herein by reference (the "Premises").

2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five (25) years, subject to prior termination as hereinafter described.

3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements.

4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of the Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry domestic water, and Licensee shall not use the Pipeline to carry any other material or use the Premises for any other purpose. Licensee is expressly prohibited from using or allowing any telecommunication facilities or equipment within the Premises, or using or allowing the use of the Premises for any other purpose.

5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent.

COMPENSATION

6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment (in lieu of recurring periodic fixed license fees) in the amount the sum of Three Thousand Nine Hundred and No/100 Dollars ($3,900.00) as compensation for the use of the Premises.

7. Costs and Expenses.

7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used.

7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the Pipeline, including but not limited to the furnishing of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety, mobilization and/or other observation services described in this License (collectively, the "Services"). Licensee shall bear the cost of the Services, when deemed necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the following: pay for at least an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 2 - Form 424; Rev. 20200605
unemployment insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 7.

7.3 Licensor, at its sole discretion, may elect to designate a third party (the "Scheduling Agent"), to perform and/or arrange for the performance of the Services.

8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2- 1/2%), or (ii) the maximum rate permitted by law.

LICENSOR'S RESERVED RIGHTS

9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor:

9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication pipe/lines/cables and appurtenances (other than the Pipeline) and other facilities or structures of like character upon, over, under or across the Premises existing as of the Effective Date;

9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over, under or across the Premises; or

9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 4 above.

10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the Pipeline, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the Pipeline as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the Pipeline, or the construction of a new pipeline to replace the Pipeline.

Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments, as determined by Licensor in its sole discretion, to the Pipeline promptly upon Licensor's request.

LICENSEE'S OPERATIONS

11. Construction and Maintenance of the Pipeline.

11.1 Licensee shall not enter the Premises or commence construction unless accompanied by Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor’s representative or the Scheduling Agent at [email protected] at least ten (10) business days prior to installation of the Pipeline and prior to entering the Premises for any subsequent maintenance thereon. Only in the event of emergency, Licensee shall notify Licensor’s Roadmaster of entry onto the Premises, at the telephone (661) 395-5111, as soon as practicable and shall promptly thereafter follow up with written notice of such entry to the email provided above.

11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all times while on the Premises.

11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other.

Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 3 - Form 424; Rev. 20200605

11.4 Any contractors or subcontractors performing work on the Pipeline or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License.

11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor.

Licensee shall, at its sole cost and expense, perform all activities on and about the Premises, including without limitation all construction and maintenance of the Pipeline, in such a manner and of such materials as not at any time to endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License.

11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline in such a manner and of such material that the Pipeline will not at any time endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. The construction of the Pipeline shall be completed within one (1) year of the Effective Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within fifteen (15) days after completion of the construction of the Pipeline or the performance of any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to substantially their state as of the Effective Date, unless otherwise approved in advance by Licensor in writing. On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set forth in Section 24 hereof.

11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the construction and/or maintenance of the Pipeline at any time for compliance with the Drawings and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor for the cost of such observation or inspection related services pursuant to Section 8. If ordered at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due to non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise, any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder.

12. Boring and Excavation.

12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 4 - Form 424; Rev. 20200605
ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the United States Infrastructure Corporation) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment.

Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800- 533-2891 (option1, then option 7), at least ten (10) business days prior to installation of the Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or near the vicinity of the proposed Pipeline and, if applicable, identify the location of such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein.

12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof.

12.3 No wells shall be installed without prior written approval from Licensor.

12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be:

12.4.1 filled in to surrounding ground level with compacted bentonite grout; or

12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements.

LIABILITY AND INSURANCE

13. Liability and Indemnification.

13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of investigation, removal and remediation, and governmental oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or indirectly employed by any of them, or any party they control or exercise control over.

13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE

ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS

INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE, Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 5 - Form 424; Rev. 20200605

KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR RELATED TO (IN WHOLE OR IN PART):

13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL

PROVISIONS,

13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,

13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,

13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY

OR CONTRIBUTED TO BY LICENSEE, OR

13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.

13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES

AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY

AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A

GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE

PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO

CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT

CONSTRUES THIS LICENSETO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER

DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND

INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE

PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES.

13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN

EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW,

LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY,

DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY

LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH

ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER:

THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE

LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE

RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE.

13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT

LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL

MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES,

INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE.

13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including, but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments.

14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO,

FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 6 - Form 424; Rev. 20200605

OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR

THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE.

15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this License the following insurance coverage:

15.1 Commercial General Liability “CGL” Insurance.
a. The policy will provide a minimum of $5,000,000 per occurrence and an aggregate limit of at least $10,000,000 but in no event will the coverage be in an amount less than the amount otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following:
 Bodily Injury and Property Damage
 Personal Injury and Advertising Injury
 Fire legal liability
 Products and completed operations
 Contractual Liability for an “Insured Contract” consistent with the definition under the standard ISO general liability policy form.
b. This policy will include the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:
 The definition of “Insured Contract” will be amended to remove any exclusion or other limitation for any work being done within 50 feet of Licensor’s property;  Waiver of subrogation in favor of and acceptable to Licensor;  Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle Brokerage, Inc. to include coverage for ongoing and completed operations;  Separation of insureds;
 The policy shall be primary and non-contributing with respect to any insurance carried by Licensor.
c. The parties agree that the workers’ compensation and employers’ liability related exclusions in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply to Licensor’s employees.
d. No other endorsements that limit coverage with respect to Licensee’s obligations under this agreement may be included on the policy.

15.2 Business Automobile Insurance.
a. The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following:
 Bodily injury and property damage.
 Any and all vehicles owned, used or hired.
b. The policy will include the following endorsements or language, which will be indicated on or attached to the certificate of insurance:
 Waiver of subrogation in favor of and acceptable to Licensor;  Additional insured endorsement in favor of and acceptable to Licensor;  Separation of insureds;
 The policy shall be primary and non-contributing with respect to any insurance carried by Licensor.

15.3 Workers' Compensation and Employers' Liability Insurance. a. The policy will provide coverage of all employees performing any part of the installation or maintenance of the Pipeline including coverage for, but not limited to:

Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 7 - Form 424; Rev. 20200605
 Licensee's statutory liability under the workers' compensation laws of the state(s) in which the work or services under this agreement are to be performed. The policy will cover all of Licensee’s employees, regardless of whether such coverage is optional under the law of that state(s).
 Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. b. The policy will include contain the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:
 Waiver of subrogation in favor of and acceptable to Licensor.

15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Pipeline. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Pipeline is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include the following:
 Endorsed to include the Pollution Exclusion Amendment.  Endorsed to include the Limited Seepage and Pollution Endorsement.  Endorsed to remove any exclusion for punitive damages.  Endorsed to include Evacuation Expense Coverage Endorsement.  No other endorsements restricting coverage may be added.  The original policy must be provided to Licensor and Licensee shall not perform any work or services of any kind under this agreement until Licensor has reviewed and approved the policy.
 The definition of "Physical Damage to Property" will be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured's care, custody and control (including, but not limited to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts or omissions of the contractor named on the Declarations." In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1,266.00.
 Licensee may elect to participate in Licensor's Blanket Policy;  Licensee declines to participate in Licensor's Blanket Policy.

15.5 Intentionally Deleted

15.6 Other Requirements:

15.6.1 Where allowable by law, no exclusion for punitive damages may be included in any policy.

15.6.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Licensor for all claims and suits.

Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of Licensee's owned or leased property or property under Licensee's care, custody, or control.

15.6.3 Allocated Loss Expense, including but not limited to defense costs and expenses, will be in addition to all policy limits for coverage under the insurance requirements.

Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 8 - Form 424; Rev. 20200605

15.6.4 Licensee is not allowed to self-insure without the prior written consent of Licensor. If Licensor allows Licensee to self-insure, Licensee shall directly cover any self-insured retention or other financial responsibility for claims in lieu of insurance. Any and all Licensor liabilities that would otherwise be covered by Licensee's insurance in accordance with the provisions of this agreement, will be covered as if Licensee elected not to include a self-insured retention or other financial responsibility for claims.

15.6.5 Prior to entering the Premises or commencing any work related to the installation or subsequent maintenance of the Pipeline, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments.

15.6.6 Licensee shall notify BNSF in writing at least 30 days prior to any cancellation, nonrenewal, substitution or material alteration of any insurance requirement.

15.6.7 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided.

15.6.8 If the coverage provided by any of the insurance policies required by this agreement is purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this agreement.

15.6.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in place at least annually or in the event of a renewal or material change of coverage

15.6.10 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), and that Licensee has instructed them to procure the insurance coverage required by this License.

15.6.11 Not more frequently than once every five years, Licensor may, at its discretion, reasonably modify the insurance requirements to reflect the then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.

15.6.12 If Licensee will subcontract any portion of the operation, Licensee shall require that the subcontractor provide and maintain insurance coverage(s) as set forth herein, naming Licensor as an additional insured. In addition, Licensee shall require that the subcontractor shall release, defend and indemnify Licensee to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor under this agreement.

15.6.13 Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder.

15.6.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance) shall not release or diminish Licensee’s liabilities or obligations including, without limitation, the liabilities and obligations under the indemnity provisions of the License.

Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage.

15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement, Licensee will make the policy covering such claims or lawsuits available to BNSF.

Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 9 - Form 424; Rev. 20200605

15.6.16 If Licensee maintains broader coverage and/or higher limits than the minimum requirements in this Agreement, BNSF requires and shall be entitled to the broader coverage and/or the higher limits. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to BNSF.

15.6.17 These insurance provisions are intended to be a separate and distinct obligation on the part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work or services are performed under this License.

15.6.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe, LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each.

COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS

16. Compliance with Laws, Rules, and Regulations.

16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and tribal laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and use of the Pipeline and the use of the Premises.

16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the Premises completes the safety orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and every employee of Licensee, its contractors, agents and invitees possess a card certifying completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew (and ensure that its contractors, agents or invitees, as applicable, renew) the Safety Orientation annually.

16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all additional rights-of way, easements, licenses and other agreements relating to the grant of rights and interests in and/or access to the Premises (collectively, the "Rights") and such other rights, licenses, permits, authorizations, and approvals (including without limitation, any necessary local, state, federal or tribal authorizations and environmental permits) that are necessary in order to permit Licensee to construct, maintain, own and operate the Pipeline and otherwise to perform its obligations hereunder in accordance with the terms and conditions hereof.

16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that does not expire, in accordance with its ordinary terms, prior to the last day of the term of this License or, if the initial stated term of any such Right expires in accordance with its ordinary terms on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise any renewal rights thereunder, or otherwise acquire such extensions, additions and/or replacements as may be necessary, in order to cause the stated term thereof to be continued until a date that is not earlier than the last day of the term of this License.

16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own, operate or use the Pipeline in accordance with the terms and conditions of this License, this License thereby shall automatically expire upon such expiration or termination of the Right.

17. Environmental.

17.1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 10 - Form 424; Rev. 20200605
defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or Hazardous Materials (as defined below) on or about the Premises.

17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will not handle or transport Hazardous Materials through the Pipeline or on Licensor's property. Upon request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in compliance with the provisions of this Section 17.2.

17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any known (i) release of Hazardous Materials on, from, or affecting the Premises, (ii) violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use its best efforts to immediately respond to any release on, from, or affecting the Premises.

Licensee also shall give Licensor prompt notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation.

17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the Pipeline which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way.

17.5 Licensee shall immediately report to Licensor’s Resource Operations Center at (800) 832-5452 any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take all reasonable actions necessary to prevent injury to persons, property, or the environment arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities.

17.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to conduct an environmental audit, including but not limited to sampling, of the Premises through an environmental consulting engineer acceptable to Licensor, at Licensee's sole cost and expense, to determine if any noncompliance or environmental damage to the Premises has occurred during occupancy thereof by Licensee. The audit shall be conducted to Licensor's satisfaction and a copy of the audit report shall promptly be provided to Licensor for its review. Licensee shall pay all expenses for any remedial or corrective action that may be required as a result of said audit to correct any noncompliance or environmental damage, and Licensee shall diligently pursue and complete all necessary work prior to termination of this License. Licensee's obligations under this Section 17.6 shall survive termination of this License.

17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine Licensee’s compliance with Environmental Laws, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is compliant. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License.

17.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance, code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to health, safety, any Hazardous Material, or the environment (including but not limited to ground, air, water, or noise pollution or contamination, and underground or aboveground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 11 - Form 424; Rev. 20200605
seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been amended from time to time, and any other federal, state, local, or tribal environmental requirements, together with all rules, regulations, orders, and decrees now or hereafter promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future.

17.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties that may be hazardous to human health or the environment, including without limitation asbestos and asbestos-containing materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation, methane, lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i) substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances," "hazardous materials," "toxic substances," or "hazardous wastes" in any Environmental Law.

DISCLAIMER OF WARRANTIES

18. No Warranties.

18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED

IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE.

LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH

RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN

EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND,

EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER

RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S

CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE PIPELINE

WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD

PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS AND LIENS OF ANY THIRD PARTY.

19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE

PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE.

20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the prorata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in connection with the eviction.

LIENS AND TAXES

21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises.

Licensor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 21 or any other Section of this License.

Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 12 - Form 424; Rev. 20200605

22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed by any governmental or quasi-governmental body upon the Pipeline or any other improvements constructed or installed on the Premises by or for Licensee (collectively, the "Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements.

DEFAULT, TERMINATION, AND SURRENDER

23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to provide evidence of insurance as required pursuant to the terms of Section 15, the following events are also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth below:

23.1 If default shall be made in any of Licensee's covenants, agreements, or obligations contained in this License and Licensee fails to cure said default within thirty (30) days after written notice is provided to Licensee by Licensor, or in case of any assignment or transfer of this License in violation of Section 26 below, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the right to terminate this License immediately if Licensee fails to provide evidence of insurance as required in Section 15.

23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or transporting of Hazardous Materials, notwithstanding anything contained in any other provision of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee.

23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity.

23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide evidence of insurance or occurrence of defaults as described above, this License may be terminated by either party, at any time, by serving thirty (30) days' written notice of termination upon the other party. Such termination shall not release either party hereto from any liability or obligation under the License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or thereafter in case by the terms of the License it is provided that anything shall or may be done after termination hereof.

24. Surrender of the Premises.

24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense:

24.1.1 if so directed by Licensor in writing, remove the Improvements, the Pipeline and all appurtenances thereto, or, at the sole discretion of Licensor, fill and cap or otherwise appropriately decommission the Pipeline with a method satisfactory to Licensor;

24.1.2 report and restore any damage to the Premises or Licensor's other property arising from, growing out of, or connected with Licensee's use of the Premises;

24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and

24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date, or as otherwise agreed to by Licensor.

Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 13 - Form 424; Rev. 20200605

24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the "Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed.

24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Pipeline and the other Improvements or otherwise restore the Premises, and in such event Licensee shall, within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon written notice to Licensee, take and hold the Pipeline and the other Improvements and personal property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against Licensee for failure to so restore. Further, if Licensor has consented to the Pipeline and the other Improvements remaining on the Premises following termination, Licensee shall, upon request by Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Pipeline and the other Improvements to Licensor for no additional consideration.

MISCELLANEOUS

25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the same extent as if each such successor and assign was named a party to this License.

26. Assignment.

26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior written consent of Licensor, which consent may not be unreasonably withheld or delayed by Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion.

26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any sale of the equity interests of Licensee following which the equity interest holders of Licensee immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger or consolidation following which the equity interest holders of Licensee immediately prior to such reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50% of the combined voting power of the outstanding voting equity interests of Licensee or any successor thereto or the entity resulting from such reorganization, recapitalization, merger or consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE

LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO BE IN LICENSOR'S SOLE DISCRETION.

26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein in contravention of the provisions of this License (a "Purported Assignment") to another party (a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges granted under this License shall be deemed to be the Purported Transferee's agreement to be bound by all of the terms and provisions of this License, including but not limited to the obligation Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 14 - Form 424; Rev. 20200605
to comply with the provisions of Section 15 above concerning insurance requirements. In addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns, shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or description of any person or entity directly or indirectly arising out of, resulting from or related to (in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive the expiration or earlier termination of this License.

26.4 Licensor shall have the right to transfer and assign, in whole or in part, all of its rights and obligations under this License, and upon any such transfer or assignment, Licensor shall be released from any further obligations hereunder, and Licensee agrees to look solely to the successor in interest of Licensor for the performance of such obligations.

27. Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address.

If to Licensor: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive, MOB2
Fort Worth, TX 76131
Attn: Permits/Licenses
with a copy to: BNSF Railway Company
2650 Lou Menk Dr.

Fort Worth, TX 76131
Attn: Senior Manager Real Estate
If to Licensee: City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 83301

28. Survival. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the Pipeline and the other Improvements are removed and the Restoration Obligations are completed in accordance with the terms hereof.

29. Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on public record.

30. Applicable Law. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Texas without regard to conflicts of law provisions.

31. Severability. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License.

32. Integration. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties.

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- 15 - Form 424; Rev. 20200605

33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties.

34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof.

35. Interpretation.

35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any party based upon the source of the draftsmanship; both parties hereby agree that this License shall not be subject to the principle that a contract would be construed against the party which drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if any) are inserted for convenience of reference only and are not intended to be a part or to affect the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed with and as an integral part of this License to the same extent as if they were set forth verbatim herein.

35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without limitation" whether or not they are in fact followed by such words or words of like import; "writing", "written" and comparable terms refer to printing, typing, lithography and other means of reproducing words in a visible form; references to any person are also to that person's successors and permitted assigns; "hereof", "herein", "hereunder" and comparable terms refer to the entirety hereof and not to any particular article, section, or other subdivision hereof or attachment hereto; references to any gender include references to the masculine or feminine as the context requires; references to the plural include the singular and vice versa; and references to this License or other documents are as amended, modified or supplemented from time to time.

36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this License may also be exchanged electronically and any electronic version of any party's signature shall be deemed to be an original signature for all purposes.

37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF Railway Company.

END OF PAGE – SIGNATURE PAGE FOLLOWS
Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Tracking #26W-28169/BF-20627301
- 16 - Form 424; Rev. 20200605
This License has been duly executed by the parties hereto as of the Effective Date.

LICENSOR:

BNSF Railway Company, a Delaware corporation
By: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive, MOB2
Fort Worth, TX 76131
By:

Patricia Villegas
Vice President, Permits
LICENSEE:

City of Bakersfield, a California municipality
By:

Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD _____________________________
By:_______________________________ By:________________________________

KAREN GOH
Mayor Print Name: ___________________________________________ Title:______________________________
APPROVED AS TO CONTENT:

WATER DEPARTMENT
By:___________________________

KRISTINA BUDAK
Water Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:___________________________

MATTHEW COLLOM
Deputy City Attorney
Insurance:____________
COUNTERSIGNED:

By:___________________________

RANDY MCKEEGAN
Finance Director
Berkshire Rd
Progress Rd
Bucking Bronco Ct
Microsoft, Vantor

COUNTY OF KERN STATE OF CA GFR

BAKERSFIELD
NOTE: CASING TO BE JACKED OR DRY BORED ONLY
VENTS: NUMBER 0 SIZE - HEIGHT OF VENT ABOVE GROUND -
YES

8.25'

8.25'

8.25'
70'
CASING
PIPE
250 PSI
70'

CARRIER
PIPE

CATHODIC PROTECTION
BURY: ROADWAY DITCHES
BURY: NATURAL GROUND
BURY: BASE/RAIL TO TOP

OF CASING
WORKING PRESSURE:

LENGTH ON R/W:
-

0.406"
36,000
STEEL
24"
CASING
PIPE
-

0.375"
42,000

DUCTILE IRON

DOMESTIC WATER
12"

CARRIER
PIPE
COATING:

WALL THICKNESS:

SPECIFICATIONS / GRADE:

PIPE MATERIAL:

CONTENTS:

SIZE:

DESCRIPTION OF PIPELINE

PIPELINE SHOWN BOLD
MP 1.84

35.2888036, -119.1011950
³
NOTE

ALL TRACKAGE AND IMPROVEMENTS IN TRACK CORRIDOR
ARE LEASED BY BF-44826 TO SAN JOAQUIN VALLEY RR. CO (SJVR) SUNSET RWY CO MERIDIAN: MDM
30S 27E
TOWNSHIP & RANGE:

SECTION: 29
EXHIBIT "A"
DATE: 4/10/2026
L.S. 8110 MP: 1.84
BAKERSFIELD SUBDIV.

CALIFORNIA DIV.

SCALE: 1 IN = 100 FT
DRAWING NO. 101486
MAP REF. 142600
TRACKING NO. 26W-28169
70'
25' 45'
Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A ▪ Typical time frames are estimates only and are provided strictly for informational purposes. No guarantees of minimum or maximum times are expressed or implied. ▪ All employees and contractors involved in utility installation or construction work on BNSF right-of-way (ROW) must complete the required Safety Orientation program, including the BNSF Contractor Safety Orientation Training and/or eRailSafe, as specified in their agreement. Additionally, all utility agreements must review of the BNSF Utility Accommodation Policy prior to accessing BNSF property.

A positive balance of pre-paid inspection and/or RWIC days are required throughout the entire duration of the project to maintain continuation of services. If all prepaid days have been used, construction will be stopped and cancellation charges will be assessed accordingly. It is the licensee's responsibility to ensure that a sufficient number of days to complete construction have been fully funded.

BNSF Scheduling Agent Process
What to expect after your permit for utility
installation is executed

INFORMATION
(1-3 BUSINESS DAYS FROM

EXECUTION OF PERMIT)

INVOICE
(1-3 BUSINESS DAYS)

SCHEDULING
(MINIMUM 15 DAYS FROM

CONFIRMATION OF

PAYMENT)

CONSTUCTION
VARIES

CLOSEOUT
VARIES
PERMIT

EXECUTED
FORM

COMPLETED

INVOICE PAID
& PAYMENT

CONFIRMED

SCHEDULING

COMPLETED

CONSTUCTION

COMPLETED

REFUND /

RECONCILLATION

PAYMENT DUE
Upon receipt of your executed permit, you
will receive an email from Wilson and
Company (BNSF's Scheduling Agent) with
important information about how to
schedule required Inspector and Roadway
Worker In Charge (RWIC) resources and a
link to an online form which requests an
estimated number of construction days
requiring access to BNSF ROW and
relevant licensee, contractor, and payment
information.

Upon submittal, this information will be
sent to Wilson & Company directly, and a
copy will be sent to the email address
provided for confirmation.

The information collected from the online
form will be used to generate an invoice for
prepayment of Inspector and RWIC
services.

Note that your permit must be fully
executed by licensee and BNSF before
Wilson & Company can begin the invoicing
and scheduling process.

Payment is to be sent to Wilson &
Company, Inc.

Payment options include:
• EFT
• Check
• Credit Card (a 3.29% credit fee charge will
be added as a passthrough charge with no
markup as a convenience to the payee)
Payment instructions such as ACH
information and an address for check
payment will be sent with the invoice.

Payments must be confirmed before
scheduling services are rendered.

All implementation fees charged on the
invoice are non-refundable and will not be
subject to reimbursement under any
circumstances
The BNSFScheduling Agent will work with
you to schedule inspection and/or RWIC
services as applicable for the period that
construction will occur on, over, or under
BNSF ROW.

A minimum lead time of 15 days from
confirmation of payment and/or scheduled
start date is required to give sufficient
notice to BNSF Division personnel.

The BNSFScheduling Agent will schedule
inspection and/or RWIC services as
required under your agreement, provide
required notification to BNSF division
personnel and coordinate BNSF signal and
telecom location services prior to
construction. A project start notification
will be sent to BNSF, contractor, and
licensee contacts as applicable
documenting the completion of
notification of all BNSF and project
stakeholders.

Inspectors and RWIC are required for the
duration of construction in which access is
required on, over, or under BNSF ROW. This
includes bores underneath BNSF tracks in
which bore pits are located outside BNSF
ROW limits until the casing/conduit is fully
installed as permitted. Also, an inspector and
possibly RWIC must be present to verify the
final installation of carry pipe inside of the
casing, installation of wire/cable inside of
conduit, and any abandonment associated
with the permit. Inspection and RWIC service
fees plus mobilization costs will be charged if
the initial start date is canceled with less than
72 hours notice.

Once the project starts, a full day of
inspection and RWIC service fees plus
mobilization costs will be charged if 24 hours
notice is not given to both inspector and RWIC
personnel of canceled days or installation
completion.

Should additional construction days be
necessary, an additional invoice will be
issued and must be settled within two days to
ensure the continuation of services.

The BNSF Scheduling Agent will review
Inspector and RWIC Flaggerrecords after
project completion and determine if the
amount that you have prepaid is correct.

If you have exceeded your estimated or
paid days, an invoice will be generated to
reconcile the difference.

If Inspector or RWIC overtime hours (>10
hours/day) were recorded, an invoice will
be generated to reconcile the difference.

If the number of days paid exceeds the
number of days worked, Wilson &
Company will refund the balance back to
the payee.

Fee Structure (effective 05/05/2025)
Scheduling Agent Services
Services
Project Implementation
Utility Inspection and Coordination Services
L1 Duration ≤ 15 Days L2 15 < Duration ≤ 45 Days L3 Duration > 45 Days $3,500 $6,250 $9,000
Utility Inspection
Flagging
Per Day 10 Hours or Less Per Hour over 10 Hours Mobilizations Additional Mob $1,500 $165 $450 $450
Third Party Flagging
Reimbursed at cost incurred by flagging entity and invoiced through Wilson & Company Docusign Envelope ID: BC11689C-273E-4271-AC00-AA81C78E9B1A Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 June 23, 2026
Project: 0809334

CITY OF BAKERSFIELD
Re: Proposed One (1) Twelve Inch (12") Ductile Iron Pipe Cased In A Twenty Four Inch (24") Steel Casing For An Underground Water Pipeline Crossing Pipeline Crossing of Railroad Property at Mile Post 1.67 on the Sunset Railway (leased Sjvr) Subdivision at or near Bakersfield, Kern County, California.

Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Review and return the partially executed agreement via email.

Payment, with Project No. 0809334 referenced, in the amount of Ten Thousand Dollars ($10,000.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.

Send Electronic Payments to:

Name: Bank of America, Dallas, TX
Union Pacific Account = 3752021457
• ACH Routing Number = 1110-0001-2
• Wire Routing Number = 026009593
Mail Checks to:

Union Pacific Railroad Company
P.O. Box 7412567
Chicago, IL 60674-2568
• CHECKS ONLY – NO AGREEMENTS
UP does not currently offer a credit card option for these payments.

Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed document within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

After final approval and processing, the fully-executed agreement will be returned to you via email with instructions for coordinating your work. In no event should you begin work until you have received your counterpart of the fully-executed agreement.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr I - Contracts
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 080808 Project No. 0809334
Last Modified: 06/05/18
Form Approved, AVP-Law

PIPELINE CROSSING

AGREEMENT
Mile Post: 1.67, Sunset Railway (leased SJVR) Subdivision Location: Bakersfield, Kern County, California
THIS AGREEMENT (“Agreement”) is made and entered into as of June 23, 2026, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF BAKERSFIELD, to be addressed at 1600 Truxtun Avenue, Bakersfield, California 93301 (“Licensee”).

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. LICENSOR GRANTS RIGHT.

A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) twelve inch (12") ductile iron pipe cased in a twenty four inch (24") steel casing for an underground water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Bakersfield, Kern County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated June 23, 2026, attached hereto as Exhibit A and made a part hereof.

B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) twelve inch (12") ductile iron pipe cased in a twenty four inch (24") steel casing for an underground water pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.

C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.

Article 2. LICENSE FEE.

Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Ten Thousand Dollars ($10,000.00).

Article 3. TERM.

This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.

Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof.

Article 5. INSURANCE.

A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.

B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.

Article 6. DEFINITION OF LICENSEE.

For purposes of this Agreement, all references in this Agreement to Licensee will include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein.

Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.

If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.

Article 8. WAIVER OF BREACH.

The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof.

Article 9. ASSIGNMENT.

A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.

B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 10. SEVERABILITY.

Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.

Article 11. NOTICES.

Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service.

If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0809334) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179
If to Licensee:CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, California 93301
Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.

Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY CITY OF BAKERSFIELD
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr I - Contracts
Name Printed: __________________________
Title: _________________________________
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD _____________________________
By:_______________________________ By:________________________________

KAREN GOH
Mayor Print Name: ___________________________________________ Title:______________________________
APPROVED AS TO CONTENT:

WATER DEPARTMENT
By:___________________________

KRISTINA BUDAK
Water Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:___________________________

MATTHEW COLLOM
Deputy City Attorney
Insurance:____________
COUNTERSIGNED:

By:___________________________

RANDY MCKEEGAN
Finance Director
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 06/05/18
Form Approved, AVP Law

EXHIBIT B

GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights.

Section 2. ENGINEERING REQUIREMENTS; PERMITS.

A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply.

B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.

C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.

Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.

A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.

B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.

C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267.

Section 4. FLAGGING.

A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.

B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.

C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time.

When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 5. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces.

As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.

Union Pacific Current Safety Requirements
B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.

C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof.

D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B.

E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.

F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.

Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.

Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 7. LICENSEE'S PAYMENT OF EXPENSES.

A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.

B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon property of Licensor as compared with the entire value of such property.

C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice.

Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.

A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.

B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.

Section 9. RESTORATION OF RAILROAD PROPERTY.

In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.

Section 10. INDEMNITY.

A. Definitions. As used in this Section:

1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees.

2. "Licensee" includes Licensee and its agents, contractors, subcontractors, subsubcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control.

3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.

B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged:

1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing;

2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;

3. Removal of person(s) from Railroad Property;

4. Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith;

5. Right(s) or interest(s) granted pursuant to this Agreement;

6. Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss; Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

7. Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and

8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations.

C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING

FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF

LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.

NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR

SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND

DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.

Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.

A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work".

D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition.

Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.

E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.

F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

EXHIBIT C

INSURANCE REQUIREMENTS
In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:

A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.

CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
• Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.

Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.

F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR

WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.

J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage.

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: June 24, 2026
SUBJECT: Amendment No. 1 to Agreement No. F25-009 with Tate’s Janitorial Service Inc. (increase compensation by $60,000; revised not to exceed $120,000 and extend term one year) to continue the supply of Janitorial Services at the McMurtrey Aquatic Center.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On July 30, 2025, City Staff approved the annual contract for the supply of janitorial services at the McMurrey Aquatic Center to Tate’s Janitorial Services Inc., in the amount of $60,000; renewable annually thereafter for four consecutive one-year periods.

If approved, Amendment No. 1 will extend the term by one year and increase compensation by $60,000 for a revised not to exceed amount of $120,000 to allow the continuance of janitorial service.

FISCAL IMPACT:

The funding source for this contract is the Recreation and Parks Department’s operating budget.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

Amendment No. 1 to Agreement No. F25-009
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Amendment No. 1 to Agreement No. F25-009