RESOLUTION OF INTENTION NO. 2284
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 5-149 (TRACT 7153 – NORTH SIDE OF E. WILSON
ROAD, EAST OF SOUTH FAIRFAX ROAD) TO THE
CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
APPROVING, CONFIRMING AND ADOPTING THE
DEVELOPMENT SERVICES DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE
BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT
TO BE LEVIED AGAINST EACH PARCEL. (WARD 1)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit");
WHEREAS, as set forth in the attached Development Services Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and/or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel;
WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Development Services Director recommends addition of territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5-149 (Tract 7153 – north side of E. Wilson Road, east of S. Fairfax Road) to the CMD. Said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; an
WHEREAS, the Development Services Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit "1," containing the following:
a) A description of the boundary of the additional territory, attached hereto as Exhibit "A";
b) A map and assessment diagram of the additional territory, attached hereto as Exhibit “B”;
c) The benefit formula attached hereto as Exhibit "C";
d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E";
f) The recorded covenant disclosing inclusion in maintenance district, attached hereto as Exhibit “F”;
g) The Proposition 218 ballot signed by the property owner, attached hereto as Exhibit “G”;
h) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit “H”;
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Development Services Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price Index
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, GOZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By: _________________________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit “1” Exhibit "D" Exhibit "H"
Exhibit “A” Exhibit "E"
Exhibit “B” Exhibit “F”
EXHIBIT 1
DEVELOPMENT SERVICES DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-149
Fiscal Year 2026-2027
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as Tract 7153 – north side of E. Wilson Road, east of S. Fairfax Road and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Development Services Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways within parks now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made.
For many years, public parks, public hardscaped and/or landscaped street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, hardscaping and/or landscaping street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, hardscaping and/or landscaping street median and other street landscaping improvements to be constructed within the City.
Additional territory, as shown in Exhibit "B" is being added to the Consolidated Maintenance District for the maintenance of a park and public hardscaping and/or landscaping street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit “C”) per parcel. In each subsequent year, annual assessments may increase by the cost of living
EXHIBIT 1
reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping and/or hard- scaping median improvements have been installed. When park and/or street landscape and/or hard-scaping median improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated by the above-described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping and/or hardscaping median improvements are aesthetic enhancement and open space enjoyment.
A public park will benefit all the residential lots and public median, and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, PHILLIP BURNS, Development Services Director, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2026-2027 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area.
Dated:
PHILLIP BURNS
Development Services Director
City of Bakersfield
Area 5-149
Containing:38.4 Acres, more or less.
Tract 7153
Bakersfield California
LEGAL DESCRIPTION
An area located in Section 12, Township 30, Range 28 M.D.B. & M., more particularly described as follows:
EXHIBIT A
BENEFIT FORMULA
The
factor for the tier level, which equals the street or tier number. This tier is assigned by the Parks and Recreation department for the entire area of the Consolidated Maintenance District.
Multiplied by
(Tier):
County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A “Consolidated Maintenance District Cost per Tier” as approved by City Council Resolution 019-15. As per the Resolution, “Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles – Riverside – Orange County / All Urban Consumers Consumer Price Index.” Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Parks and Recreation Dept. through separate policy.
The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel.
Multiplied by
(EDU):
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:
EXHIBIT C
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Zone
EDU's per gross acre
R-1 7.26
R-2 17.42
R-3 34.85
R-4 72.6
E: 4.36
R-S 1.82
R-S-1
A 1
R-S-2.5A 0.4
R-S-5A 0.2 Commercial / Industrial / Mixed Use: 6 EDU per gross acre R-S-10A 0.1 Agricultural: 1 EDU per gross acre
Undeveloped ground in its natural state will be assigned EDU’s based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
“It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks.
Nothing shall preclude the city from requesting formation of a maintenance district, or joining a a maintenance district, or updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city."
2. Bakersfield Municipal Code 13.04.022 (a):
“No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of- way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver.”
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Z one Change, a General Plan Amendment, or a Conditional Use Permit.
Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU’s may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use.
EXHIBIT C
Said assessment is made in accordance with the benefit formula attached hereto. 2026-2027
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
MAINTENANCE DISTRICT AREA 5-149
EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2026-2027)
173-260-16-00-4 $0.00
0 $0.00
0 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00
FISCAL YEAR 2026-2027
MAINTENANCE DISTRICT AREA 5-149
ASSESSMENT ROLL
EXHIBIT E
RECORDING REQUESTED BY
AND FOR THE BENEFIT OF
THE CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:
CITY CLERKS OFFICE
CITY HALL
1600 TRUXTUNAVE.
BAKERSFIELD, CA 93301
MD 5“/^
No recording fee required: exempt pursuant to
Government Code Section 27383
THIS SPACE FOR RECORDER’S USE ONLY
0 0 8 5
Government agency acquiring title - exempt from
Documentary TransferTax per R & T Code 11922
GC 27388.1(a)(1): Recorded document is expressly
exempted from payment of recording fees (FBO) Govt, agency) Existing Legal: Lot “B” of Lot Line adjustment NO. 51-06per Certificate of Compliance recorded November 9,2006 as Document No. 0206277910 of Official Records Map or Project Number: Tract Map No. 7153
ATN(s): 173-260-16
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on July I j by Deertrail Abbey Court 1, LLC, a California limited liability company, in Bakersfield, herein after referred to as ("Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, CA.
The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of way within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Department. Assessment is imposed in accordance with California Proposition 218 with the Consent of the Majority Property Owner(s) as can be seen on the ballot cast and attached as Exhibit 'A'.
Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of a public park and public landscaping based on full build out of this district, is $290.57 per equivalent dwelling unit, based on fiscal year 2026-2027 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land.
Dated This:.
Deertrail Abbey Court 1, LLC, a
Califfirriia limited liability company
By: D^ertrail development, LLC, a
Califoiijia lin/ted liability company
Russ John , Managing Member
Managing Member
City of Bakersfield:
Development Services Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
EXHIBIT F
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF KfVTI
On vl 11) I before me
Public,
Notary
Date
personally appeared
(here insert name and title of the officer)
MS ryMvrw?_____
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Description of Attached Document
Title or Type of Document: Number of Pages:
Document Date:Other:
2015 Apostille Service. 707-992-5551 www.CaliforniaApostille.US California Mobile Notary Network \v\\\v. CAMNN.com
EXHIBIT F
1 0 0 8 5
Exhibit “A” to the Covenant Disclosing Inclusion in a Maintenance District.
PROPOSITION 218 BALLOT
CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT
This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are proposed to be included in the City of Bakersfield Consolidated Maintenance District (CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To be counted, this assessment ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner.
[TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE]
OFFICIAL ASSESSMENT BALLOT
Property Owner: Deertrail Abbey Court 1, LLC, a California limited liability company Property description: 173-260-16
The individual annual assessments for fiscal year 2026-2027 shall not exceed $290.57 per equivalent dwelling unit plus any costs incurred by the City from the County Assessor’s office for adding parcels to the Tax Roll. NOTE: In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include the above described Yes
property within the Consolidated Maintenance
District and levy an assessment not to exceed O No
the amount set forth above?
Deerteail Abbey Court 1, LLC,
a,Calirprnia limited liability company
Owner Signature:
Title (if representing owner): Russ Johsnon, Managing Member Date:
EXHIBIT G
Inclusion of a Subdivision into the Consolidated Maintenance District City of Bakersfield - Development Services Department
Land Development
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of Tract Map 7153 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Tract Map 7153 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021.
Enclosed is a check for $1,066.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD (M D ...fi_ - I I./ q ) and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for ______ , 2026 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing.
Respectfully,
, Court 1, LLC a California limited liability company
evelopment, LLC, a California limited liability company Russ Johnson, Managing Member
:2-1-26
Date
1 0 O 8 5
EXHIBIT H
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: September 4, 2026
SUBJECT: Agreement for employment of Ashley Zambrano as Chief Assistant City Attorney
[Document Description]
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
On March 25, 2026, an ordinance was adopted adding a new City Council appointed position entitled Chief Assistant City Attorney (Chief Assistant) pursuant to the Bakersfield City Charter Section 34, Chapter 2.06. Such position is by City Council appointment through a writte n contract. On August 26, 2026, City Council interviewed the applicants for the Chief Assistant position selecting and negotiating the terms of a contract with Ashley Zambrano.
The attached contract sets forth the terms of said employment.
FISCAL IMPACT:
The position was approved as apart of the Fiscal Year 2026 -27 budget and is within the City Attorneys Office budget.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Agreement
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: August 12, 2026
SUBJECT: Loan Agreement with Golden Empire Affordable Housing Inc. II (GEAHI II) (not to exceed $2,630,000)
in HOME Investment Partnership (HOME) grant funds for the development of 16 new affordable housing units at 1302 Eye Street (Ward 2)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Golden Empire Affordable Housing, Inc. II (GEAHI II) submitted a proposal in response to the City’s 2025 Affordable Housing Trust Fund (AHTF) Notice of Funding Availability (NOFA) to develop the property located at 1302 Eye Street, Bakersfield, CA 93301. The proposed project would consist of a 16-unit multifamily housing development, serving individuals and families who are experiencing homelessness or who are at risk of homelessness with incomes at or below 30% and 50% of Area Median Income (AMI).
Out of the 16 homes, 11 units would be funded with federal HOME Investment Partnerships (HOME) program funds, with the remaining five units supported through other project financing sources. One ground-floor home would be fully accessible to individuals with mobility impairments, and one would be accessible to individuals with sensory impairments, in accordance with Section 504 of the Rehabilitation Act and the Fair Housing Act.
Units at 1302 Eye Street will be made available to individuals within the target population who have the greatest need. This will be achieved by accepting applicants from the Coordinated Entry System (CES), who have been assessed with vulnerability scores, placing them amongst the most vulnerable.
Supportive services will be also available to residents through the CalAIM program supplemented with services reserves and in coordination with The Open Door Network as the service provider. The Eye Street Project will house the most vulnerable persons in Bakersfield and provide the tools and resources needed for those residents to successfully maintain permanent housing through case management, life skills, and health care.
City staff conducted a panel review of the NOFA applications and on July 21, 2025, recommended to the Finance, Economic Development and Jobs Committee that GEAHI II be awarded $2,630,000 of federal HOME Investment Partnership funds. HOME funds will be provided for the project as a loan to be paid back out of the residual receipts from the project.
FISCAL IMPACT:
The loan is funded by the City’s allocation of Federal HOME Investment Partnership funds which is part of the entitlement funding and does not impact the City’s General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENT:
1. Loan Agreement
Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 AGREEMENT NO. ------
HOME INVESTMENT PARTNERSHIPS PROGRAM
LOAN AGREEMENT WITH GOLDEN EMPIRE AFFORDABLE HOUSING INC. II This LOAN AGREEMENT ("Loan Agreement") is made and entered into on ______ , by and between the CITY OF BAKERSFIELD, a charter city and municipal corporation ("CITY") and GOLDEN EMPIRE AFFORDABLE HOUSING INC.
II, a California non-profit benefit corporation authorized to do business in California ("DEVELOPER").
RECITALS
WHEREAS, in 2024 and 2025 CITY entered into two different grant agreements with the U.S. Department of Housing and Urban Development ("HUD") to execute and implement the HOME Investment Partnerships Program ("HOME Program") with a goal of expanding the supply of safe, affordable housing for those of very low and low income; and
WHEREAS, the HOME Program provides that CITY will certify and contract with eligible developers, non-profit developers and/or Community Housing Development Organization ("CHOO") to develop affordable multi-family rental housing in CITY; and
WHEREAS, DEVELOPER submitted a funding application requesting a low interest HOME Program loan to subsidize the construction of a new affordable multi-family rental housing units in CITY ("Project"); and WHEREAS, Project consists of the construction of sixteen ( 16) new affordable multifamily housing units located at 1302 Eve Street Bakersfield, CA 93301 ("Project Site") and more specifically described in the Legal Description, attached hereto as Exhibit "A" and incorporated by reference herein, to be reserved for qualifying households earning less than 50% of the Kern County Area Median Income (AMI) which will remain affordable throughout the required twenty (20) year Period of Affordability; and
WHEREAS, CITY desires to assist DEVELOPER by loaning HOME Program Loan Funds to be used for eligible costs related to the development of the Project pursuant to the HOME Program established by HUD at 24 CFR Part 92; and WHEREAS, DEVELOPER shall obtain any additional funding for all other amounts required to complete the Project; and
WHEREAS, DEVELOPER shall complete the Project's Scope of Work, attached hereto as Exhibit "B" and incorporated by reference herein, in accordance with all HOME, federal, state and local requirements; and GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 1 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 WHEREAS, CITY shall not be obligated to disburse or pay to DEVELOPER or any third party, any funds until and after CITY receives HOME Program funds from HUD.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DEVELOPER mutually agree as follows:
1. DEFINITIONS.
1.1. "Activity" means soft and hard costs associated with the construction of the Project and paid for with HOME Program funding.
1.2. "Completion Guaranty" means a completion guaranty agreement, executed by the guarantor, guaranteeing in favor of CITY the completion of the Scope of Work by DEVELOPER in the manner and within the time required by this Loan Agreement. The occurrence of either a Transfer or a Permitted Transfer shall not operate as to totally or partially release the guarantor under the Completion Guaranty unless CITY expressly consents to such release in writing, which consent may be given or withheld in CITY's sole and absolute discretion. Notwithstanding the foregoing, in lieu of the Completion Guaranty, DEVELOPER may, in the same time and manner as required of the Completion Guaranty, obtain a performance bond, subject to CITY'S satisfaction and approval, or replace the guarantor on the Completion Guaranty. The approval or disapproval of the performance bond or replacement guarantor shall be within the sole and absolute discretion of CITY.
1.3. "Debt Service" means regularly scheduled payments of principal and interest made in a calendar year pursuant to the approved financing obtained for the ownership of the Project Site, which is senior in lien priority to any payment obligation with respect to the loan.
1.4. "Eligible Project Costs" means those hard and soft construction costs related to the Project which are eligible for reimbursement as defined in 24 CFR 92.206. Eligible project costs under the HOME Program include: acquisition; demolition of existing structures; multifamily rental housing construction and rehabilitation; utility connections and improvements; site improvements; of multifamily rental projects; architectural, engineering, survey and other related professional expenses; permitting, legal and developer fees; funding initial operating deficit reserves; providing information such as affirmative marketing and fair housing information.
1.5. "HOME-assisted Units" means eleven (11) affordable multifamily housing units, located at 1302 Eye Street, Bakersfield, CA 93301, that will stay in compliance of this Loan Agreement for the duration of the Period of Affordability.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 2 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1
1.6. "Loan Funds" means CITY's loan of HOME Program funds to DEVELOPER to facilitate the construction of the Project to be paid back out of the Residual Receipts from the Project.
1.7. "Operating Expenses" means the actual soft cost of funding an initial operating deficit reserve, which is a reserve to meet any shortfall in project income during the period of project rent-up (not to exceed 18 months) and which may only be used to pay project operating expenses, scheduled payments to a replacement reserve, and debt service in accordance with 24 CFR 92.206(d)(5). Expenses for the purpose of calculating Residual Receipts are subject to CITY approval and shall be calculated on an accrual basis. Operating Expenses shall not include long-term capital improvements ( other than the maintenance of the Replacement Reserve Fund), repairs or replacements paid out of insurance proceeds received by DEVELOPER, or depreciation of buildings, or other similar non-cash items of expense or deduction from income.
1.8. "Payment Date" means within thirty (30) days of approval of Residual Receipts from CITY of the year following Project Completion and after the end of DEVELOPER's fiscal year with respect to the preceding fiscal year.
1.9. "Period of Affordability" means with respect to HOME-assisted units a twenty (20) year period as required in accordance with 24 CFR
92.252(e), beginning at Project Completion.
1.10. "Project" means DEVELOPER's development of the Project Site, consisting of sixteen (16) affordable multifamily housing units located on the Project Site in Bakersfield, CA.
1.11. "Project Completion" means the date a Certificate of Occupancy is issued for the project as defined in 24 CFR 92.2.
1.12. "Project Site" means that certain real property located on 1302 Eye Street, Bakersfield, California, 93301, more specifically described in the Legal Description, attached as Exhibit "A."
1.13. "Replacement Reserve Fund" means the fund, which shall be used in the future to replace furniture, fixtures and equipment and to replace various aspects of the buildings (e.g., roof, landscape, etc.) and Project Site.
1.14. "Residual Receipts" means, for each calendar year, Revenues less the sum of (i) Operating Expenses, (ii) Debt Service, (iii) Deposits to the Replacement Reserve Fund or other reserves required by Project lenders, (iv) deferred DEVELOPER fees, (vi) federal income tax liability, and (viii) unpaid property management fees. DEVELOPER shall begin GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 3 >ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 making annual payments of principal and interest from CITY's share of 50% of Residual Receipts in the year following Project Completion, as defined herein, in the order and priority set forth in DEVELOPER'S organizational documents. CITY shall apply such payments first to pay current annual interest due, then the cumulative interest owed, and then to reduce the principal amount of the Loan. If such calculation results in a negative number, Residual Receipts shall be zero {O) for that year.
1.15. "Revenues" means the sum of {i) all cash received from rents, lease payments and all other sources including, without limitation, rental assistance payments, but excluding {a) tenant security or other deposits {unless forfeited), {b) capital contributions and interest thereon, {c) proceeds from capital transactions and {d) interest on reserves not available for distribution, {ii) the net proceeds of any insurance (including rental interruption insurance), other than fire and extended coverage and title insurance, to the extent not reinvested, and (iii) any other funds deemed available for distribution by DEVELOPER.
2. TERMS AND CONDITIONS OF LOAN.
2.1. Amount and Term of Loan. CITY shall Loan DEVELOPER no more than TWO MILLION SIX HUNDRED THIRTY THOUSAND DOLLARS ($2,630,000) subject to the terms of this Loan Agreement.
The Loan shall be due and payable fifty-five {55) years from the date of execution by DEVELOPER of a promissory note as required herein ("Maturity Date"), unless repaid sooner as set forth in this Loan Agreement or the note as defined below.
2.1.1. DEVELOPER shall execute a Deed of Trust and Promissory Note in favor of CITY for TWO MILLION SIX HUNDRED THIRTY
THOUSAND DOLLARS {$2,630,000).
Such Deed of Trust shall be subject only to DEVELOPER's permanent lender and any other matters of record reasonably acceptable to CITY. The Deed of Trust shall secure all
DEVELOPER's promises extended to CITY in this Loan
Agreement.
2.1.2. In the event DEVELOPER prepays the Loan before the Maturity Date, DEVELOPER shall pay accrued interest up to that point.
DEVELOPER shall pay simple interest at a rate of three percent {3%) per year. DEVELOPER shall begin making annual
payments of principal and interest from Residual Receipts in the year following Project Completion, as defined herein.
Payments shall be made from CITY's share of fifty percent {50%) of the Residual Receipts. CITY shall apply such payments first to GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 4 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 pay current annual interest due, then the cumulative interest owed, and then to reduce the principal amount of the Loan.
2.2. Disbursement of Funds. CITY shall not be obligated to disburse, or pay to DEVELOPER, any funds until and after CITY receives Loan Funds, allocated for this Project, from the federal government.
2.2.1. If CITY does not receive such Loan Funds, CITY, at its option, may terminate or suspend this Loan Agreement without any liability to DEVELOPER. DEVELOPER shall not be entitled to any damages from CITY until CITY receives Loan Funds,
even if DEVELOPER has detrimentally relied upon this
Agreement.
2.2.2. CITY may withhold Loan Funds from DEVELOPER if
DEVELOPER is not complying with the terms of this Loan
Agreement or any other local, state, or federal statute or regulation applicable to HOME Program administration.
Should CITY become subject to any penalties resulting from failure by DEVELOPER, or DEVELOPER's agent, to comply
with all applicable federal, state, and local laws and
regulations, DEVELOPER shall be solely liable for any such penalties and shall fully reimburse CITY for any payments made or funding lost as a result.
2.3. Required Documents. Additionally, CITY shall not be obligated to disburse any Loan Funds pursuant to this Loan Agreement until DEVELOPER has executed and recorded A Regulatory Agreement, Promissory Note and Deed of Trust for the Project Site.
3. DEVELOPER'S OBLIGATIONS.
3.1. Financing of the Project. DEVELOPER shall provide all other funding for all other amounts required to complete the development of the Project Site that cannot be paid for by CITY's assistance.
3.2. Financing Not Obtained. All of the Project's financing described herein shall have closed within one-hundred eighty ( 180) days of the date of this Loan Agreement. In the event said financing has not been provided or is not available, then DEVELOPER shall present to CITY alternative financing sources for the Project to continue prior to the close of the aforementioned one-hundred eighty ( 180) day period. If DEVELOPER cannot present sources to replace said funding proposed in this Loan Agreement, then CITY may, at its discretion, terminate all obligations under this Loan Agreement.
3.3. Security for Performance Hereunder. DEVELOPER and/or General Contractor shall cause certain subcontractors to provide a performance ( completion) bond and a payment bond (labor and GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 5 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 materials bond), each in the amount of one hundred percent ( l 00%) of the estimated cost of the work that is the subject of the subcontract ten ( l 0) days prior to commencement of the work under such subcontract. Such payment and performance bonds shall be issued by a surety company admitted and licensed in California with an AM Best rating of "A" or better and approved by CITY and naming CITY as beneficiary. These bonds must be in a form approved by CITY's legal counsel. Notwithstanding the foregoing, in the event that DEVELOPER's lender waives the requirement for payment and performance bonds, CITY may also waive any such requirement.
3.4. Cost of Construction. The cost of constructing the Project on the Project Site shall be borne by DEVELOPER. In the event the Project should cost more to construct than estimated herein or DEVELOPER makes changes to the Project which increases the costs, DEVELOPER shall pay for and bear full responsibility for all such additional costs.
This provision concerning DEVELOPER's responsibility for additional costs shall not be deemed to authorize changes to the Project without CITY's review and approval by means of an amendment to this Loan Agreement. The assistance provided by CITY shall not exceed the amounts set forth herein.
3.5. Material Sourcing. DEVELOPER shall source all specifically listed construction materials and manufactured products paid for by CITY's HOME Program loan funding in accordance with all provisions of the Build America, Buy America Act as enumerated in 2 CFR Part 184.
DEVELOPER must maintain appropriate documentation to show that all iron, steel, manufactured products, and construction materials purchased with CITY HOME Program funds are produced in the United States.
3.6. Permits. DEVELOPER shall, at its own expense, secure, or cause to be secured, any and all permits which may be required by CITY or any other governmental or private agency affected by or having jurisdiction over the Project Site or services. This includes but is not limited to DEVELOPER securing all zoning, building, and local land use approvals.
3.7. Compliance with All Laws. DEVELOPER shall, at DEVELOPER's sole cost, comply with all of the requirements of municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to this Loan Agreement, and shall faithfully observe in all activities relating to or growing out of this Loan Agreement all municipal ordinances and state and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 6 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 Chapter 5.02) where required.
3.7.1. Local and Federal Laws. DEVELOPER shall obey all CITY regulations now or hereafter enacted to facilitate
administration applicable to the Project. DEVELOPER shall become familiar with the appropriate statutes, regulations, and guidelines governing the Project. DEVELOPER shall
obey all federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect.
3.7.2. City Tax Certificate. DEVELOPER shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
3.7.3. Prevailing Wage. If applicable, DEVELOPER shall pay prevailing wages to all workers employed on public works projects, as defined by California Labor Code. Upon
request by CITY, when required per the California Labor Code, DEVELOPER must submit to CITY proof of registering the Project with the California Department of Industrial Relations (DIR).
3.7.4. Nondiscrimination. DEVELOPER shall not discriminate or segregate against any person or group of persons on
account of race, color, creed, religion, sex, sexual
orientation, marital status, national origin, ancestry or disability in the performance of this Loan Agreement or use of the Project Site.
3.7.5. Miscellaneous. By signing this Loan Agreement DEVELOPER, shall certify compliance and execute the requirements
listed and described in Exhibits "D","E","F","G" and "H", attached hereto and incorporated by reference herein.
3.8. Environmental Considerations. CITY and DEVELOPER want to assure that the policies of the National Environmental Policy Act of 1969 (NEPA), as amended, and the California Environmental Quality Act of 1970 (CEQA), as amended, are most effectively implemented.
CITY shall comply with HUD Environmental Review Procedures (24 CFR Part 58) leading to certification of release of funds for projects, and the CEQA review procedures (Title 14, Section 15000 et. seq. of the California Administrative Code) in connection with this Project.
Further, DEVELOPER shall comply with all applicable requirements of NEPA as it pertains to the environmental assessment conducted by CITY for the proposed undertaking.
3.9. Landscaping and Maintenance of the Project. DEVELOPER shall maintain the Project, the parking facilities and landscaping in good condition and shall keep the Project free from any accumulation of GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 7 >ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 debris or waste materials prior to and after construction.
Maintenance shall include, but is not limited to, programmed watering, consistent fertilizing, weed control, cleaning, pruning, trimming, pest control and cultivating. Landscape structural features shall be maintained in sound structural and attractive conditions. All plant material shall be serviced by a permanently installed, electrically automated sprinkler system. Replacement planting must conform to the original intent of the landscape design. Installation of landscape materials shall be in accordance with commonly accepted methods of installation. Trees shall be the equivalent to minimum fifteen ( 15} gallon container size or larger and shall be vigorous and healthy when planted. Shrubs shall be a minimum of five (5) gallon container size or larger and shall be vigorous and healthy when planted. Live vegetative matter shall cover no less than seventy-five percent (75%} of the required landscaped area at its maturity.
If, at any time, DEVELOPER fails to maintain the landscaping as required by this Loan Agreement or CITY standards, and the condition is not corrected within a reasonable time from the date of written notice to correct from CITY, CITY may perform the necessary landscaping maintenance, and DEVELOPER shall pay all such costs as are reasonably incurred for such maintenance.
3.10. Rights of Access. For the purpose of assuring compliance with this Loan Agreement, representatives of CITY staff shall have reasonable right of access to the Project Site without charges or fees and at normal construction hours during the period of construction and throughout the twenty (20} year affordability period for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the improvements provided, however, such inspections shall not unreasonably interfere with the construction work in progress. This provision shall not be construed to replace or modify inspection requirements arising out of the issuance of building permits or land use entitlements.
3.11. Program Regulations and Guidelines. DEVELOPER shall comply with all applicable provisions of the HOME Program regulations contained herein. Additionally, DEVELOPER shall comply with the following:
3.11.1. 3.11.2.
Initial rents shall be charged in accordance with the Initial Rent Schedule outlined in Exhibit "C", attached hereto
and incorporated by reference herein, of this Loan
Agreement. Further, rent increases shall be approved
when in accordance with the procedure identified in
Exhibit "C."
All leases for rental on Project shall comply with 24 CFR
92.253 Tenant protections and selection. DEVELOPER must GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 8 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1
3.11.3. 3.11.4.
3.11.5. 3.11.6.
3.11.7. 3.11.8.
adopt tenant selection policies in conformance with 24
CFR 92.253( d).
DEVELOPER shall make a good faith effort to solicit
applications from throughout CITY. DEVELOPER shall
comply with federal fair housing laws and not deny
access to the Project on the basis of age, race, ethnicity, marital or familial status, source of income, gender, or sexual orientation.
For HOME-assisted Units, over-income tenant procedures
in 24 CFR 92.2520).
The requirements of 24 CFR Subpart F (24 CFR 92.250-
92.258) to the extent required by law.
The applicable property standards required by 24 CFR
92.251 upon Project Completion. Further, compliance with these standards shall be maintained through the duration of the Period of Affordability.
As applicable, DEVELOPER shall comply with the
requirements of 2 CFR 200.310-316 "Property Standards." Prior to and during the Period of Affordability DEVELOPER shall:
3.11.8.1. Before initially marketing available units for the Project Site and taking any rental applications
from any person, deliver to CITY, for review,
comment, and approval or disapproval, a
copy of the marketing plan DEVELOPER intends
to use to market, and select occupants of, the
Project ("Marketing Plan"); DEVELOPER shall
change the Marketing Plan in response to
CITY's comments, so long as such comments
are commercially reasonable, will not have an
adverse effect on leasing, and conform to all
statutory requirements that pertain to the
property, and shall resubmit the Marketing Plan
for CITY review and approval; DEVELOPER shall
follow the Marketing Plan approved by CITY.
3.11.8.2. At all times, maintain the Project Site in a
manner which meets the requirements of this
Loan Agreement.
3.11.8.3. If DEVELOPER fails to comply with the provisions of this section, and upon written notice to
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 9 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 DEVELOPER from CITY listing areas of
noncompliance, fails to initiate corrective
action within sixty { 60) days from date of
notice, such failure shall constitute a breach of
this Loan Agreement. CITY shall thereupon
have the right to repayment from DEVELOPER
for the full amount of the Loan. Repayment of
the Loan shall not affect the time Period of
Affordability set forth in the Regulatory
Agreement.
3.11.8.4. DEVELOPER shall transfer to CITY any Loan
Funds on hand and any accounts receivable
attributable to the use of funds under this Loan
Agreement at the time of expiration,
cancellation, or termination, unless otherwise
specified in the HUD closeout agreement with
the Grantee.
3.12. Records and Audits. DEVELOPER shall maintain records sufficient to show it has reasonably complied with all applicable provisions and requirements of this Loan Agreement.
3.12.1. Records and Reports. DEVELOPER shall create and retain accurate records of DEVELOPER's efforts to market the
Project Site and results of those efforts. At least annually, but more often if requested by CITY, DEVELOPER will deliver to CITY a report which includes, at a minimum, the following:
3.12.1.1. A description of marketing and outreach
DEVELOPER carried out during the reporting
period, including such items as clipped notices,
flyers, advertisements, and letters; and
3.12.1.2. Identification of each applicant's referral
source; and
3.12.1.3. Race, ethnicity, gender and disability status of each applicant; and
3.12.1.4. Family income, rent paid to DEVELOPER, family size, race or ethnicity, gender and disability
status of each person who is a tenant during
the reporting period; and
3.12.1.5. For the HOME-assisted Units, information on unit substitution and vacancies; and
3.12.1.6. Level of revenues, reserves, occupancy rates
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) PagelO )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 and operating and debt-service costs; and
3.12.1.7. The amount, and proper allocation, of Residual Receipts, as described in this Loan Agreement;
and
3.12.1.8. Financial reports showing the availability
and/or payment of loan principal and interest
out of Residual Receipts. Additionally, financial
statements shall show the financial condition
and continued financial viability of the Project.
3.12.2. Audits. Upon the written request of CITY, DEVELOPER shall arrange, at its own expense, for the performance of a
"Single Audit" of its entire operations by an independent auditor in accordance with CITY policies.
The auditor shall deliver results of said audit to CITY within thirty (30) days of the audit's completion. CITY's
acceptance of DEVELOPER's audit reports does not prohibit CITY from performing any additional audit work CITY deems to be necessary or as necessary for CITY to comply with any administrative or audit requirements imposed by the
federal or state government.
3.12.3. Record Retention. As a condition of receiving federal financial assistance under this Loan Agreement,
DEVELOPER shall comply with the Project closeout
requirements as outlined in 24 CFR 92.507 and 2 CFR
200.335-337. Additionally, in order to assist CITY in complying with its obligations under 24 CFR 92.508(c), DEVELOPER shall maintain all records related to the development and
financing of the Project for no less than five (5) years after the Project's Completion. Additionally, all individual tenant income verifications, names, addresses, Project rents and Project inspections must be retained for the most recent five (5) year period, until five (5) years after the Period of Affordability terminates. Any agreement between
DEVELOPER and its independent auditor shall provide for access, during normal business hours, to the independent auditor's work papers, by state, federal and CITY auditors, or their authorized agents. DEVELOPER's independent
auditor shall retain, for review purposes, audit work papers for five (5) years from date of audit completion, or until four (4) years after all audit-related issues are resolved,
whichever occurs later. DEVELOPER shall maintain all
records related to this Loan Agreement for five (5) years from Project Completion. CITY reserves the right to review GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 11 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 all records required under the program. Further, DEVELOPER agrees to make documents available for review by HUD,
the Office of the Inspector General, and any agency
associated with the requirement of the program involved in ensuring the Project's compliance.
3.12.4. Financial-Management System. DEVELOPER shall comply with all applicable requirements of 2 CFR part 200 as stated in 24 CFR part 92 § 92.505 and maintain a financial
management system which complies with 2 CFR 200.302,
"Financial Management," except paragraph (a) thereof.
Additionally, DEVELOPER shall comply with 2 CFR 200.300- 305, 309 "Standards for Financial Management and
Program Management."
3.12.5. Payment Procedure. DEVELOPER shall comply with the methods and procedures for payment as outlined in this 2 CFR 200.305, "Payment" as modified by 24 CFR 92.502(c).
3.12.6. Procurement and Allowable Costs. DEVELOPER shall procure all subcontractors in a manner which encourages competition, is open to qualified participants, and does not unduly restrict participation. Further, all procurement will comply with all applicable components of 2 CFR 200
Subpart D (200.317-200.327, "Procurement" and all
applicable components of 2 CFR Subpart E (200.400-
200.475), "Cost Principles."
3.12.7. Subawards and Monitoring. DEVELOPER shall comply with the standards and requirements of 2 CFR 200.213,
"Subawards to Debarred and Suspended Parties"; and 2
CFR 200.327-328, "Performance and Financial Monitoring
and Reporting" [except paragraphs (b) through (d) and
paragraph (f)]. CITY has the right, but not the obligation, to monitor and supervise the administration and
implementation of the Project Site for a period of twenty (20) years following Project Completion.
3.12.8. Enforcement. DEVELOPER shall comply with the standards and requirements of 2 CFR 215.62, "Enforcement," and 2
CFR 200.338-342, "Remedies for Noncompliance."
3.12.9. Disallowances and Adjustments. DEVELOPER shall account to CITY for any and all program Loan Funds expended by
DEVELOPER or its officer, employee, agent, or
representative, whether or not such officer, employee,
agent or representative was acting within the scope of their employment. DEVELOPER shall repay CITY, on demand, the
full amount of any improperly expended HOME Program
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Pagel2 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1
4. 5.
funds and shall comply with requirements of 2 CFR 200.344.
CITY may retain any funds of DEVELOPER in CITY's possession to liquidate (in whole or in part) the debt resulting from any such improper expenditure.
3.12.10. Collections. DEVELOPER shall comply with the standards and requirements of 2 CFR 200.345, "Collection of Amounts Due."
3.12.11. Closeout. DEVELOPER shall comply with the applicable requirements of 2 CFR 200.344 "Closeout."
3.12.12. Post-Closeout Adjustments and Continuing Responsibilities.
DEVELOPER shall comply with the requirements of 2 CFR
200.345 "Post-Closeout Adjustments and Continuing
Responsibilities".
USES OF THE PROJECT. DEVELOPER covenants and agrees for itself, its successors, its assigns and every successor in interest, that during construction and thereafter, eleven (11) affordable housing units will be designated for low-income seniors earning up to 50% of the Area Median Income (AMI) for a minimum affordability period of twenty (20) years in accordance with HOME Program funding requirements beginning at Project Completion.
DEFAULTS, REMEDIES AND TERMINATION.
5.1. Defaults. Subject to the extensions of time for construction pursuant to the terms set forth in the Scope of Work, or otherwise pursuant to this Loan Agreement, failure or delay by either party to perform any material term or provision of this Loan Agreement constitutes an event of default under this Loan Agreement. Except as may be otherwise provided herein, the party who so fails or delays must, upon discovering or receiving notice of such event of default, immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence.
If DEVELOPER is not in full compliance with the terms of this Loan Agreement at any time during the term of this Loan Agreement after CITY has commenced to disburse Loan Funds, CITY shall notify DEVELOPER of such noncompliance and DEVELOPER shall have sixty ( 60) days to cure provided, however that if such default cannot reasonably be cured in such sixty ( 60) day period, DEVELOPER shall have such further time as necessary to cure such default provided that DEVELOPER commences the cure of same within such sixty ( 60) day period and thereafter diligently pursues cure of same. If DEVELOPER fails to cure the noncompliance, in addition to other rights and remedies permitted by the Loan documents or applicable GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page13 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 law, CITY may proceed with any or all of the following remedies in any order or combination CITY may choose in its sole discretion:
5.1.1. 5.1.2.
5.1.3. Terminate this Loan Agreement, in which event the entire principal amount outstanding, as well as any other monies advanced to DEVELOPER by CITY under the Loan
documents including administrative costs, shall
immediately become due and payable at the option of
CITY; and
Bring an action in equitable relief ( l) seeking the specific performance by DEVELOPER of the terms and conditions of the Loan documents, and/or (2) enjoining, abating, or
preventing any violation of said terms and conditions,
and/or (3) seeking declaratory relief; and
The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Additionally, CITY shall notify DEVELOPER's partners of any default by DEVELOPER. Except as required to protect against further damages, and except as
otherwise expressly provided in this Loan Agreement, the injured party may not institute proceedings against the party in default, nor shall the injured party be able to enforce any remedies or penalties provided hereunder,
until sixty ( 60) days after giving such notice and only in the event such event of default is not cured as set forth herein.
Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; and
5.1.4. Except as otherwise expressly provided in this Loan Agreement, any failures or delays by either party in
asserting any of its rights or remedies as to any event of default shall not operate as a waiver of any default or any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or
proceedings, which it may deem necessary to protect,
assert or enforce any such rights or remedies; and
5.1.5. Upon the occurrence of an event of default, and subject to the terms of this Loan Agreement, the defaulting party shall be liable to the non-defaulting party for damages caused by such default. Nothing in this Loan Agreement
precludes the instigation of an action for specific
performance of the terms of this Loan Agreement.
5.2. Limited Recourse. The Loan and obligations set forth in the Loan GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Pagel4 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 documents are limited recourse obligations of DEVELOPER, its officers, employees, partners or agents. Neither DEVELOPER nor any other party shall have any personal liability for repayment of the Loan, except for losses or damages relating to {a) fraud or willful misrepresentation and {b) failure to deliver any insurance or condemnation proceeds received by DEVELOPER to CITY or to otherwise apply such sums as required under the Deed of Trust to the extent of the insurance or condemnation proceeds not delivered.
Except as otherwise provided herein, the sole recourse of CITY for repayment of the principal and interest shall be the exercise of CITY's rights against the Project Site.
6. ASSIGNMENT. Neither this Loan Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Loan Agreement {including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
6.1. Prohibition. Except as provided herein, neither this Loan Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all parties. Any such assignment will be subject to such terms and conditions CITY may choose to impose.
7. BINDING EFFECT. The rights and obligations of this Loan Agreement shall inure to the benefit of, and be binding upon, the parties to the Loan Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
8. CONFLICTS OF INTEREST. DEVELOPER stipulates that corporately, or individually, the firm, its employees and subconsultants have no financial interest in either the success or failure of any project, which is dependent upon the result of the work prepared pursuant to this Loan Agreement.
9. CORPORATE AUTHORITY. Each individual signing this Loan Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Loan Agreement.
10. COUNTERPARTS. This Loan Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II- AFFORDABLE HOUSING AGREEMENT (HOME) Pagels )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1
11. DIRECTION. DEVELOPER retains the right to control or direct the manner in which the services described herein are performed.
12. EFFECTIVE DATE. This Loan Agreement shall be in effect from the date of execution through the Period of Affordability, except that DEVELOPER shall retain records as required in this Loan Agreement. All loan obligations, including Residual Receipt payments and its related conditions, shall be in effect during the term of the Loan.
13. EQUIPMENT. DEVELOPER will supply all equipment, tools, materials and supplies necessary to perform the services under this Loan Agreement.
14. EXECUTION. This Loan Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Loan Agreement.
15. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Loan Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Loan Agreement shall prevail. All exhibits to which reference is made in this Loan Agreement are deemed incorporated in this Loan Agreement, whether or not actually attached.
16. FORCE MAJEURE. In addition to specific provisions of this Loan Agreement, a party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, or litigation (any of the foregoing, "Force Majeure"). An extension of time for such cause may be mutually agreed upon by the parties hereunder for the period of the enforced delay or longer.
17. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Loan Agreement and the intent of the parties to this Loan Agreement.
18. GOVERNING LAW. The laws of the State of California will govern the validity of this Loan Agreement and its interpretation and performance. Any litigation arising in any way from this Loan Agreement shall be brought in Kern County, California.
19. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page16 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 Loan Agreement are incorporated by reference as though fully set forth herein.
20. INDEMNITY. DEVELOPER shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DEVELOPER or DEVELOPER's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Loan Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct.
21. INDEPENDENT CONTRACTOR. This Loan Agreement calls for DEVELOPER's performance of the Scope of Work as an independent contractor.
DEVELOPER is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Loan Agreement shall not be construed as forming a partnership or any other association with DEVELOPER other than that of an independent contractor.
22. INSURANCE.
22.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Loan Agreement, DEVELOPER must procure and maintain, for the duration of this Loan Agreement, the types and limits of insurance below ("Basic Insurance
Requirements").
22.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
22.1.2 Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
22.1.2.1 Provide contractual liability coverage for the terms of this Loan Agreement;
22.1.2.2 Provide products and completed operations
coverage;
22.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page17 locusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2O1
22.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
22.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
DEVELOPER must submit to CITY the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker's compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Loan Agreement, DEVELOPER is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
22.2 General Provisions Applying to All Insurance Types.
22.2.1 All policies required of DEVELOPER must be written on a first dollar coverage basis or contain a deductible provision.
Subject to CITY's advance approval, DEVELOPER may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language,
whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an
additional insured.
22.2.2 All policies required of DEVELOPER must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of DEVELOPER's insurance and must not
contribute with it.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Pagel8 )ocusign Envelope ID: 24CE6002-DBBB-8935-B0F3-B961A6BAD2D1
22.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
22.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
22.2.5 Full compensation for all premiums which DEVELOPER is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of
insurance.
22.2.6 It is further understood and agreed by DEVELOPER that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
DEVELOPER in connection with this Loan Agreement.
22.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for DEVELOPER, and all subcontractors must agree in writing to be bound by the provisions of this section.
23. KEY PERSONNEL. At request of CITY, DEVELOPER shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved DEVELOPER shall not change such personnel without the approval of CITY.
24. LICENSES. DEVELOPER shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Loan Agreement any licenses, permits and approvals which are legally required for DEVELOPER to practice its profession and perform the Scope of Work. If DEVELOPER is a corporation, at least one ( l) officer or key employee shall hold the required GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Pagel9 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 licenses or professional degrees. If DEVELOPER is a partnership, at least one ( 1) partner shall hold the required licensees or professional degrees.
25. MERGER AND MODIFICATION. This Loan Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Loan Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
26. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venture with DEVELOPER or associate in any such relationship with DEVELOPER by reason of the provisions of this Loan Agreement. DEVELOPER shall not, for any purpose, be considered an agent, officer, or employee of CITY.
27. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Loan Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Loan Agreement.
28. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
29. NOTICES. All notices relative to this Loan Agreement shall be given in writing and shall be personally served or sent by certified, commercial delivery service, or registered mail and be effective upon actual personal service, delivery by commercial delivery services or four (4) calendar days after depositing in the United States mail. The parties shall be addressed as follows or at any other address designated by notice:
CITY: BAKERSFIELD CITY HALL
1600 Truxtun Avenue
Bakersfield, CA 93301
DEVELOPER: GOLDEN EMPIRE AFFORDABLE HOUSING, INC.
601 24th Street, Suite B
Bakersfield, CA 93301
LENDER: KERN REGIONAL CENTER
3200 Sillect Ave
Bakersfield, CA 93308
30. REMEDIES. The remedies provided in this Loan Agreement are cumulative and are in addition to any other remedies in law or equity, which may be available to CITY. The election of one ( 1) or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible.
31. RESOURCE ALLOCATION. All CITY obligations under the terms of this Loan Agreement are subject to the appropriation and allocation of resources by the City Council.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 20 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1
32. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Loan Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This Project is subject to compliance monitoring and enforcement by the California DIR.
33. SEVERABILITY. If any provision of this Loan Agreement is held invalid, the remainder of the Loan Agreement shall not be affected thereby, and all other parts of this Loan Agreement shall nevertheless be in full force and effect.
34. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of DEVELOPER's profession in California.
35. STARTING WORK. DEVELOPER shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
36. SUBORDINATION OF AFFORDABILITY RESTRICTIONS. CITY finds that an economically feasible method of financing for the construction and operation of the Project, without the subordination of the affordable housing covenants as may be set forth in this Loan Agreement and the regulatory agreement, is not reasonably available. CITY shall make affordable housing covenants set forth in this Loan Agreement and the regulatory agreement junior and subordinate to the deeds of trusts and other documents required in connection with the construction and permanent financing for the Project approved by CITY. Any subordination agreement entered into by CITY shall contain written commitments, which CITY finds are reasonably designed to protect Agency's investment in the event of default under such senior housing.
37. TAX NUMBERS.
DEVELOPER Federal Tax ID Number: 77-0435140
Is DEVELOPER a corporation? Yes: X No: __ _
(Please check one.)
38. TERMINATION OF AGREEMENT. This Loan Agreement may be terminated by GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) Page 21 )ocusign Envelope ID: 24CE6002-D8BB-8935-80 F3-B961A6BAD2D1 either party. CITY shall only convey to DEVELOPER Loan Funds for work done prior to the effective date of termination.
39. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify DEVELOPER of third-party claims relating to this Loan Agreement. CITY shall be allowed to recover from DEVELOPER, and DEVELOPER shall pay on demand , all costs of notification.
40. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps , photographs, and other papers, or copies thereof prepared by DEVELOPER pursuant to the terms of this Loan Agreement, shall, upon preparation , become CITY property .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY"
CITY OF BAKERSFIELD
By: - ----------
KAREN GOH
Mayor
APPROVED AS TO CONTENT:
DEVELOPMENT SERVICES DEPARTMENT
By:--- - - ----
PHILLIP BURNS
Director
APPROVED AS TO FORM:
City Attorney: _________ _
VIRGINIA GENNARO
Insuranc e: __ _
A tta c hment(s ): Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
"DEVELOPER"
GOLDEN EMPIRE AFFORDABLE
SignliliQUSING INC. II
[ qfe .-:f/' ..
By: ___,,_--~--~ - - ----- 8ElEl2~148EElli14ii A ...
SHARON K. EDGAR
Executive Director
COUNTERSIGNED:
Finance Direc tor: ______ _ __ _
RANDY MCKEEGAN
GOLDEN EMPIRE AFFORDABLE HO USING, INC. II - AFFORDABLE HO USING AG REEMENT (HO ME) Page 22 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 Exhibit "A"
Legal Description
The land described herein is situated in the State of California, County of Kern, City of Bakersfield, described as follows:
The South 70 feet of Lots 5 and 6 in Block 365 as shown on the map of the City of Bakersfield, in the City of Bakersfield, County of Kern, State of California, according to the map thereof recorded November 28, 1898 in Book l, Page 13 of Maps, in the office of the County Recorder of said County.
APN: 006-412-05-00-0
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) A-1 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 Purpose:
Exhibit "B"
Scope of Work
The Eye Street Apartments affordable housing development located at 1302 Eye Street, Bakersfield, CA 93301, will feature sixteen (16) one-bedroom units reserved for qualifying households earning less than 50% of the Area Median Income (AMI).
Eleven ( 11) of which will be HOME-assisted. Eight (8) of the 1-bedroom units will be affordable to households with income at or below 30% AMI, and eight (8) units will serve households at or below 50% AMI in accordance with HOME Program funding guidelines as defined in 24 CFR 92.252.
Description:
CITY's contribution of TWO MILLION SIX HUNDRED THIRTY THOUSAND DOLLARS ($2,630,000) from HOME Program funding will be a loan to DEVELOPER at 3% simple interest, calculated from residual receipts, with a term of fifty-five (55) years and secured by a Deed of Trust on the property.
Unit Distribution:
One-Bedroom Units:
8 units for households at or below 30% AMI
8 units for households at or below 50% AMI
Construction Costs:
The HOME Program loan will be used for eligible soft and hard construction costs.
Under this Loan Agreement, costs which were incurred prior to the date of execution will be eligible for payment under this Loan Agreement. The following tables show the projected total sources of funds for the project and uses of the funds.
Sources/Uses of Funds:
Sources:
CITY HOME Loan
Kern Regional Center Loan
TOTAL
Uses:
Construction Costs
Program Oversight
Architecture, Engineering, Survey
Permits/Impact Fees
Services Reserve
$
$
$
$
$
$
$
$
2,630,000.00
600,000.00
3,230,000.00
2,420,000.00
120,000.00
200,000.00
240,000.00
150,000.00
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) B-1 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 Financing Costs
Insurance
Misc. Expenses/Costs
Utility Connection Fees
TOTAL
Reporting:
$
$
$
$
$
50,000.00
15,000.00
15,000.00
20,000.00
3,230,000.00
DEVELOPER will be responsible for ensuring that all units funded by CITY HOME Program funding will have a required affordability period of twenty (20) years following Project Completion as required by 24 CFR 92.252. To ensure compliance, the CITY will monitor DEVELOPER's program on a yearly basis. DEVELOPER will submit yearly reports each April l st, beginning after Project Completion, to the CITY to ensure that each housing unit is being utilized, and occupied, for an affordable housing recipient. These annual reports will also include financial statements showing the availability and/or payment of loan principal and interest out of Residual Receipts. Additionally, financial statements shall be submitted annually to show the financial condition and continued financial viability of the project. The information required by the CITY in these reports will be given to DEVELOPER within 60 days of Council approval of this Loan Agreement.
Schedule of Performance:
Enter into Ground Lease with Housing Authority of the County of Kern .. June 2025 Funding Application ........................................................................ May 2025 Land use approvals, title, and legal ............................................... August 2025 Secure Financing ................................................................... September 2025 Project Design ............................................................................ January 2026 Issue RFP /IFB for construction subcontractors ................................... August 2026 Building/Grading Permit .......................................................... September 2026 Construction starts ...................................................................... October 2026 Marketing and Leasing Activity ...................................................... August 2027 Construction Completion ......................................................... November 2027 l 00% Occupancy ....................................................................... January 2028 GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) 8-2 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 Exhibit "C"
Initial Rent Schedule and Rent Increased Procedure
As of the date hereof, the affordable housing unit rents are at the following levels in accordance with HOME Program funding guidelines set forth in 24 CFR 92.252:
Initial Rent Schedule
#of Unit Designation Unit Gross Utility Net Rent Bedrooms Count Rent Allowance l 30%AMI 8 $653 $106 $547
l 50%AMI 8 $910 $106 $804
If minor modifications to the gross rent, net rent, or utility allowance are required due to program modifications for compliance, the CITY is authorized to modify said rent schedule prior to initial occupancy.
If, at any point after initial occupancy, the property owner desires to increase the rents level for project units, the project owner shall submit, in writing, the proposed increase. This documentation shall identify the current gross rent, utility allowance, and net rent for the unit while identifying the proposed increased rate.
Additionally, the owners shall submit the project units (including street address and unit number) for the units in which the rent increase is being proposed.
The City of Bakersfield shall review the proposed increase in lieu of the project's current utility allowance and applicable rent levels. If the rents are within the allowable HOME rent limits, the CITY shall approve the rent increases. However, if the rent increases are not within the allowable rent levels, the increase shall be denied.
When rent increases are proposed and approved/disapproved, both parties shall maintain documentation of the process.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) C-1 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 EXHIBIT "D"
HOME PROGRAM REQUIREMENTS
By signing this agreement, DEVELOPER agrees to maintain full compliance with all HOME program and federal cross-cutting requirements for the duration of the project and required affordability period. DEVELOPER hereby certifies that all activities, construction, rehabilitation, and project operations associated with the HOME-funded project will comply with the HOME Investment Partnerships Program requirements under 24 CFR Part 92 and all applicable federal requirements, laws, regulations, and executive orders, including but not limited to:
HOME Program Requirements (24 CFR Part 92):
1 . Eligible costs, activities, and written agreement requirements
2. Income, rent, and long-term affordability compliance
3. Procurement rules (24 CFR Part 92 and 2 CFR Part 200) and applying to subcontractor contracts all applicable federal contract provisions.
4. §92.251 Property standards Property standards and ongoing compliance obligations (24 CFR 92.251 and 92.252)
5. Federal procurement, financial management, and conflict-of-interest requirements (24 CFR 92.356 and 2 CFR Part 200)
6. § 92.350 Other Federal requirements and nondiscrimination
7. § 92.351 Affirmative marketing; minority outreach program
8. § 92.352 Environmental review
9. § 92.353 Displacement, relocation, and acquisition As required by law, any displacement, relocation, and acquisition requirements imposed by the CITY and consistent with 24 CFR 92.353, State Relocation Assistance Law (CA Government Code Section 7260-7277), and other regulations implementing the requirements.
10. § 92.354 Labor
11. § 92.355 Lead-based paint Lead-Based Paint Poisoning Prevention Act (42 USC 4821, et. seq.) and its implementing regulations in 24 CFR Part 35
12. § 92.356 Conflict of interest
13. § 92.357 Executive Order 12372
14. § 92.358 Consultant activities
15. § 92.359 For applicable HOME-assisted rental housing, the Developer/Owner agrees to comply with the Violence Against Women Act requirements applicable to the project, including 24 CFR §92.359. The Developer/Owner shall implement applicable procedures concerning:
a. V AWA protections for eligible tenants
b. Notice of V AWA rights
c. Emergency transfer requirements
d. Lease provisions
e. Confidentiality
f. Documentation of VAWA-related requests
g. Prohibition against prohibited adverse housing actions based on covered VA WA circumstances
h. The DEVELOPER shall maintain applicable V AWA policies and documentation and make them available to the CITY upon request.
Other applicable federal requirements:
Labor Standards - the DEVELOPER acknowledges that applicable federal labor standards may apply to the HOME-assisted project pursuant to 24 CFR §92.354.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) D-1 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2O1
1. Contract Work Hours & Safety Standards
2. The Fair Labor Standards Act. Section 202(a) of the Flood Disaster Protection Act of 1973.
3. Davis-Bacon, when applicable. The Developer/Owner agrees, when Davis Bacon requirements are triggered, to:
a. Include required federal labor standards provisions in applicable construction contracts.
b. Pay laborers and mechanics the applicable prevailing wages. c. Maintain required payroll records.
d. Ensure applicable contractors and subcontractors comply with labor standards.
e. Permit required inspections and reviews.
f. Submit required certified payroll documentation.
g. Correct identified violations.
Environmental & Safety Requirements
1. National Environmental Policy Act (NEPA) and related environmental requirements under 24 CFR Part 58
2. Lead-safe housing rules (24 CFR Part 35), when applicable
3. Executive Order 11738 dated September 10, 1973, and the regulations of the Environmental Protection Agency at 40 CFR Part 50, as amended.
4. Clean Air Act & Clean Water Act as mended
a. DEVELOPER shall cause or require to be inserted in full the clause set out in 48 CFR 52.223-2 in all contracts and subcontracts with respect to any nonexempt ( exceed $100,000 or involve a facility the subject of a conviction under the Clean Air Act, or the Federal Waste Pollution Control Act, and listed by the Environmental Protection Agency, or not otherwise exempt) transaction.
b. DEVELOPER shall also cause or require to be inserted in full, the certification set forth in 48 CFR 52.223-1, in each solicitation and resulting contract and contracts it awards without a solicitation. c. DEVELOPER shall not use any funds under this Loan Agreement for a facility which has a conviction under Section 113( cl( 1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.
5. Endangered Species Act
6. Floodplain management and wetlands protection (Executive Orders 11988 and 11990)
7. The development of broadband infrastructure, as required for new construction projects and rehabilitation substantial rehabilitation (as defined in 24 CFR 5.100) in accordance with 24 CFR 92.251 (a)(2)(vi).
Fair Contracting & Financial Requirements
1. Minority- and Women-Owned Business requirements
2. Debarment and suspension requirements (2 CFR Part 180)
3. Federal procurement rules under 2 CFR Part 200
Relocation Requirements
1. Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) The Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), when applicable
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) D-2 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2O1 EXHIBIT "E"
FEDERAL NONDISCRIMINATION AND EQUAL OPPORTUNITY CERTIFICATION The DEVELOPER agrees that the HOME-assisted project will be carried out in compliance with applicable federal civil-rights, nondiscrimination and equal-opportunity requirements, including those incorporated through 24 CFR §92.350 and other applicable federal law during the full term of the loan per the Promissory Note.
DEVELOPER shall not discriminate in the development, sale, rental, occupancy, financing, or administration of the project on a basis prohibited by applicable federal law. All contractors and subcontractors shall not discriminate against any employee, applicant for employment, subcontractor, supplier, or other person in connection with the Project on any basis prohibited by applicable federal law.
The DEVELOPER further agrees and certifies that it shall comply with to comply with applicable requirements concerning:
• Title VI of the Civil Rights Act of 1964
• Title VI of the Civil Rights Act of 197 4, Public Law 99-352, and the regulations of HUD with respect thereto, including 24 CFR, Parts 1 and 2.
• Title VIII of the Civil Rights Act of 1968, Public Law 90-284 • Fair Housing Act, as amended.
• Executive Order 11063, as amended.
• Section 504 of the Rehabilitation Act of 1973
• Americans with Disabilities Act, where applicable
• Section 109 of the Housing and Community Development Act of 197 4 • Age Discrimination Act of 197 5
• Applicable HUD equal-opportunity requirements
• Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development (24 CFR, Subtitle A Part l
• Section 503 of the Rehabilitation Act and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).
The DEVELOPER shall maintain documentation demonstrating compliance, including all assurances will be required of subgrantees, contractors and subcontractors, transferees, successors in interest, and other participants in the program or activity. DEVELOPER shall promptly notify the CITY of any complaint or alleged violation relating to the HOME assisted project for which the United States may seek judicial enforcement.
Regarding equal opportunity (48 CFR 52.222-26), the DEVELOPER agrees as follows:
( l) The contractor(s) shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, sexual orientation, or gender identity. However, it shall not be a violation of this clause for the contractor(s) to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1 .5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) E-1 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisement for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
( 5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. ( 6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form l 00 (EE0- 1), or any successor form, as prescribed in 41 CFR part 70-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.
(8) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducing on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.
( 10) The Contractor shall include the terms and conditions of subparagraph (b) ( 1) through ( 12) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) E-2 >ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD201 ( 11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. ( 12) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1 .
Developer: _________ _
Authorized Representative: __________ _
Signature: _____________ _
Date: ---------------
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) E-3 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 EXHIBIT "F"
SECTION 3 TRAINING EMPLOYMENT AND BUSINESS OPPORTUNITY
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.
The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.
Per Section 3 of the Housing and Urban Development Act (economic opportunities). All work performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3).
DEVELOPER agrees to comply with HU D's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this agreement, the parties to this contract GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) F-1 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 certify that they are under no contractual or other impediment that would prevent them from complying with part 75 regulations.
DEVELOPER agrees to submit to the CITY all required Section 3 reporting documentation.
DEVELOPER agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 7 5. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. All Section 3 covered contracts shall include the following clause (referred to as the Section 3 Clause):
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-income and other Qualifying Populations, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with part 75 regulations.
C. The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) F-2 >ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 E. The contractor will certify that any vacant employment positions, including training positions, that are filled ( 1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 7 5 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75.
F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) F-3 Jocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 EXHIBIT "G"
BUILD AMERICA, BUY AMERICA (BABA) ACT
The DEVELOPER shall certify that, as required by the Build America, Buy America (BABA) Act, all of the iron, steel, manufactured products, and construction materials incorporated into an infrastructure project are produced in the United States, unless exempted by a HUD general waiver or a project-/product-specific waiver approved by the Made in America Office (MIAO) at the Office of Management and Budget (0MB).
For covered materials not otherwise exempted from the Buy America Preference (BAP), the undersigned certifies the following:
• All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
• All manufactured products used in the project are produced in the United States.
This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product;
• All construction materials used in the project are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. Attach a list of all covered materials procured by the signatory and used in the project. I hereby certify this information is complete and accurate and agree to provide documentation collected on the country of origin for all covered materials I caused to be incorporated into or affixed to an infrastructure project to the CPD grantee and HUD upon request. I understand and agree that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Developer: _________ _
Authorized Representative: __________ _
Signature: ____________ _
Date: _____________ _
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) G-1 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 EXHIBIT "H"
Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (48 CFR 52.222-35 - April 1998)
(A) Definitions.
As used in this clause -- All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment.
Appropriate office of the State employment service system means the local office of the Federal-State national system of public employment offices with assigned responsibility to serve the area where the employment opening is to be filled, including the District of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin Islands. Positions that will be filled from within the Contractor's organization means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings that the Contractor proposes to fill from regularly established Arecall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization.
Veteran of the Vietnam era means a person who --
( 1) Served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge; or
(2) Was discharged or released from active duty for a service- connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975. (B) General.
( 1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the individual because the individual is a disabled veteran or a veteran of the Vietnam era. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans' status in all employment practices such as -- (i) Employment; (ii) Upgrading; (iii) Demotion or transfer; (iv) Recruitment; (v) Advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended.
(C) Listing openings.
( 1) The Contractor agrees to list all employment openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system in the locality where the opening occurs. These openings include those occurring at any Contractor facility, including one not connected with GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) H-1 >ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 performing this contract. An independent corporate affiliate is exempt from this requirement.
(2) State and local government agencies holding Federal contracts of $10,000 or more shall also list all employment openings with the appropriate office of the State employment service.
(3) The listing of employment openings with the State employment service system is [[Page 138]] required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment.
(4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State system, it need not advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (D) Applicability.
This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(E) Postings.
( 1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and (ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor (Deputy Assistant Secretary), and provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Act, and is committed to take affirmative action to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam Era.
(F) Noncompliance.
If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) H-2 )ocusign Envelope ID: 24CE6002-D8BB-8935-80F3-B961A6BAD2D1 (G) Subcontracts.
The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary.
The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance.
Alternate I (APR 1984). As prescribed in 22. l 308(a)(2), add the following as a preamble to the clause: Notice: The following term(s) of this clause are waived for this contract: [List term(s)]. [48 FR 42478, Sept. 19, 1983, as amended at 55 FR 38518, Sept. 18, 1990; 63 FR 9059, Feb. 23, 1998]
GOLDEN EMPIRE AFFORDABLE HOUSING, INC. II - AFFORDABLE HOUSING AGREEMENT (HOME) H-3
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: September 2, 2026
SUBJECT: Agreement with MTC aka StreetSaver (not to exceed $10,000) for subscription to MTC Pavement Management Software.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City desires to subscribe to StreetSavers Annual Subscription for a one (1) year term to StreetSaver software based on size of network – Miles (1,501-3,000). The City will pay PROVIDER a total payment of $6,500.00, not to exceed $10,000.00 for performing the Scope of Work. This Agreement shall terminate on August 31, 2027, unless terminated sooner.
While ordinarily only agreements with compensation exceeding $100,000 require Council approval, t his agreement is coming to Council for approval due to the v endor’s terms and conditions requiring City indemnification outlined in Exhibit B, Section D, which states: "You agree to indemnify, defend, and hold MTC, their directors, commissioners, officers, employees, and agents harmless from a ny and all losses, costs, claims, judgments, damages, liabilities, lawsuits, demands, or expenses arising out of or derived in any way, either directly or indirectly, from your use of the Services or from your breach of this Agreement, except to the extent any such claims arise from alleged infringement of patent or copyright in the U.S. based on the Services as provided by MTC, without modification and without combination with other software, services, or hardware not expressly authorized in writing by MTC."
FISCAL IMPACT:
No Fiscal Impact as this is paid by City Public Works and is allocated in the Fiscal Year 2026-27 budget. No additional General Funds are to be contemplated.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. 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 METROPOLITAN TRANSPORTATION COMMISSION dba DevMecca.com, LLC (“Provider”) a limited liability company authorized to do business in California.
WHEREAS, PROVIDER provides a pavement management system used to effectively manage streets & roads and prov ide detailed forecasting and funding information; and
WHEREAS, CITY desires to subscribe to PROVIDER’s StreetSaver Annual Subscription for a one (1) year term , subject to and in accordance with the DevMecca Invoice No. 4926 -AR14507 attached hereto as Exhibit A and the Subscriber Terms & Conditions for StreetSaver attached hereto as Exhibit B; 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 prod ucts are subject to compliance with PROVIDER’s terms and conditions, and therefore CITY has agreed to abide by the above -referenced attachment(s); and
WHEREAS, notwithstanding the above, the Parties understand and agree that CITY’s standard contracting procedures require use of this cover sheet and signatories and certain delineated terms set forth below, which shall govern the term of this Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and PROVIDER hereby agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), PROVIDER shall perform the following: provide a one (1) year subscription to StreetSaver software based on size of network – Miles (1501-3000) Sections (5001- 10,000) (“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.
2. COMPENSATION. Subject to the conditions of this section, CITY will pay PROVIDER as follows for performing the Scope of Work (“Compen sation”): a total payment not to exceed $ 6,500.00 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 C ITY compensate PROVIDER more than $10,000.00 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 August 31, 2027 , unless terminated sooner.
IN WITNESS WHEREOF, the parties hereto have cause d 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
COUNTERSIGNED:
By: _______________________________
RANDY MCKEEGAN
Finance Director
FOR METROPOLITAN
TRANSPORTATION COMMISSION dba
DevMecca.com, LLC
(“PROVIDER”):
By: _______________________________
[signature]
Printed Name & Title:
___________________________________
ATTACHMENTS:
Exhibit A – DevMecca Invoice No.
4926-AR14507
Exhibit B – Subscriber Terms &
Conditions for StreetSaver
Metropolitan Transportation Commission : DevMecca.com, LLC 1 Sub Total 6,500.00
Total $6,500.00
Balance Due $6,500.00
Invoice Date : 07/01/2026
Terms : Net 60
Due Date : 08/30/2026
DevMecca.com, LLC
w/ Metropolitan Transportation Commission
Phone: 503-540-8837
[email protected]
https://www.streetsaver.com
Invoice
# 4926-AR14507
Balance Due
$6,500.00
Invoice For:
City of Bakersfield
4101 Truxtun Ave
Bakersfield
93309 CA
United States
# Item & Description Qty Rate Amount
1 StreetSaver Annual Subscription
For City of Bakersfield
Term: 9/1/2026 to 8/31/2027
Based on size of network
1.00 6,500.00 6,500.00
Notes
1. If paying by credit card, please click the Pay Now button and Annual subscription is based on:
pay with your credit card. ***************************************************
2. If paying by check, please print the invoice and mail with your PRICE TIER (Effective April 1, 2022):
check to the following address. Make check payable to (whichever is greater) Metropolitan Transportation Commission. MILES-----------------------SECTIONS-------------ANNUAL COST less than 20---------------less than 200----------$1,000 Mail to: 21-200----------------------201-1000-----------------$2,000 ------------------------------------------------------------- 201-500--------------------1001-2000----------------$3,500 Metropolitan Transportation Commission 501-1500-------------------2001-5000---------------$4,500 Attn: DevMecca.com, LLC 1501- 3000-----------------5001-10,000-------------$6,500 3760 Market St NE #308 *************************************************** Salem, OR 97301
------------------------------------------------------------- Thank you for your continued support!
Payment Options
EXHIBIT A
Subscriber Agreement for StreetSaver® (MTC Pavement
Management Software (as a Service))
This Agreement governs your access to and use of any and all StreetSaver® Online services (the “Services”) accessible through the StreetSaver® Web site (www.streetsaver.com) and any associated remote connections (including without limitation through Remote Desktop for Microsoft Windows).
Accessing or using the Services in any manner means that you accept the terms of this Agreement.
A. GRANT OF LICENSE AND USE RIGHTS
Subject to the terms of this Agreement, the Metropolitan Transportation Commission (“MTC”) grants you the nonexclusive, nontransferable license to access and use the Services—without the rights to sublicense or in any way transfer such rights or to engage in any type of resale of the Services or the output of the Services to any third party who has not also paid for a license to the Services. You agree not to make any use of the Services not expressly permitted under this Agreement. You further agree not to modify or remove the MTC logo located in the footer of any displayed or printed reports or other displayed or printed output generated by use of the Services.
B. AUTHORIZED USERS AND SCOPE
Your license to access and use the Services is conditioned on current payment of the applicable subscription fees described in Article F of this Agreement. Your access to and use of the Services will be through the use of a unique username and password; and you are solely responsible for safeguarding this information and any effects of not safeguarding this information. You may authorize your employees to access the Services by means of your username and password. You may not in any way loan, rent, or in any way share your username or password with any other person, outside of your agency or organization; consultants or independent contractors using the Services on behalf of your agency or organization are required to enter into this agreement on their own behalf. MTC reserves the right in its sole and absolute discretion to disable access and use through your username or password—temporarily to address any security or other technical issues or temporarily or permanently relating to your or your organization’s breach of this agreement.
C. OWNERSHIP AND CONFIDENTIALITY
You acknowledge and understand that the Services are provided through the StreetSaver® Pavement Management Software (the “Software”). You acknowledge and agree that the Software is the valuable property of MTC, which owns any copyright, trade secret, patent, and
EXHIBIT B
other proprietary rights in the Software. You acknowledge and agree that the Software constitutes confidential, proprietary information, unauthorized dissemination of which (including without limitation disassembly or reverse-engineering) could cause irreparable harm to MTC. You agree not to access or download any copy of the Software or to reverse-engineer, decompile, or disassemble the Software through the use of the Services or otherwise. You agree to notify MTC immediately of the existence of circumstances surrounding any unauthorized access to, copying of, downloading of, reverse-engineering, decompilation, or disassembly of the Software or any part thereof by any person or entity through the use of the Services or otherwise. As between you and MTC, you own all right, title, and interest in and to the data developed by the Software.
D. INDEMNIFICATION
You agree to indemnify, defend, and hold MTC, their directors, commissioners, officers, employees, and agents harmless from any and all losses, costs, claims, judgments, damages, liabilities, lawsuits, demands, or expenses arising out of or derived in any way, either directly or indirectly, from your use of the Services or from your breach of this Agreement, except to the extent any such claims arise from alleged infringement of patent or copyright in the U.S. based on the Services as provided by MTC, without modification and without combination with other software, services, or hardware not expressly authorized in writing by MTC.
E. TERM AND TERMINATION
1. Term
The Services shall be provided for a term of one (1) year from the delivery date of an e- mail notification of your login credentials and shall be extended in one (1) year increments, subject to payment of the applicable subscription fees, unless terminated by either party as provided herein. For additional Software licensed after your initial order, the one (1) year term shall commence upon the delivery date of your login credentials for such order.
2. Termination
You may terminate the Services at the end of the term by giving written notice to MTC at least fifteen (15) days prior to the end of any such term. In the event of early termination, for whatever reasons, you will not be entitled to a pro-rata refund from MTC for the period for which the Services are not used. MTC may suspend or cancel the Services if you fail to make payment pursuant to Article F below. Either party may terminate the Services if the other party breaches any material term or condition of the Services terms and conditions
EXHIBIT B
and the breach is not remedied within thirty (30) days after receiving written notice of the breach. In the event the Agreement is terminated, the Services will also terminate automatically.
3. Furnishing of Data
Upon request by you made within thirty (30) days after termination for reasons other than your breach of the Agreement, MTC will make available to you for download a file of the data in MTC’s custody generated by your use of the Services in Microsoft SQL Server format.
After such period, MTC shall have no obligation to maintain or provide any of such data and shall thereafter delete all such data in MTC systems or otherwise in MTC’s possession or control, unless legally barred from doing so.
F. FEES AND PAYMENT
1. Fees
As of October 3, 2024, the subscription fees for the Services and other fees referenced in this Agreement are no longer specified on the Website (www.streetsaver.com).
2. Payment
Following the initial term, the Services fees will be billed on an annual basis, payable in advance and due within net 30 days from receipt of MTC’s invoice.
3. Lapse of Coverage
In the event that your license of the Services lapses and your Services are discontinued by MTC as a result of either termination by you for any reason or by MTC for non-payment of the subscription fee, you may reactivate the Services within ninety (90) days of the end of the term by making payment for the current annual period, dating from the end of the previous term.
G. SINGLE SIGN-ON (SSO) INTEGRATION
1. SSO Capability
StreetSaver supports Single Sign-On (SSO) and allow integration with a customer’s identity provider using Security Assertion Markup Language (SAML) 2.0, OpenID Connect (OAuth
2.0), or WS-Federation protocols. SSO integrations shall support use of a customer- specified unique user identifier, such as a user ID or employee ID, rather than relying solely on an email address. StreetSaver staff will work with customer’s designated IT personnel
EXHIBIT B
and/or third-party identity service provider to implement and test SSO integration for authorized users.
2. Technical Documentation
StreetSaver staff will provide relevant technical documentation describing the SSO integration using SAML 2.0, OAuth 2.0, or WS-Federation protocols to the customer or its designated IT hosting provider, as needed for implementation.
3. SSO Maintenance Fee
Customers opting to implement a SSO integration shall pay an implementation fee to establish SSO and an annual maintenance fee to maintain SSO capability.
H. RETENTION OF RIGHTS
MTC retains all rights not expressly granted. Nothing in this Agreement constitutes a waiver of MTC’s rights under the U.S. copyright laws or any other Federal or State of California statutes.
I. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, MTC MAKES NO WARRANTY OR REPRESENTATION,
EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (OR THE SOFTWARE),
INCLUDING WITHOUT LIMITATION REGARDING NON-INFRINGEMENT OR THE QUALITY,
ACCURACY, PERFORMANCE, SECURITY, UPTIME, AVAILABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES (OR THE SOFTWARE). AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK RELATING IN ANY WAY TO USE OF THE SERVICES.
FURTHERMORE, TO THE EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES
WHATSOEVER WILL MTC BE LIABLE TO LICENSEE FOR INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER FORM OF DAMAGES (EVEN IF
SUCH DAMAGES ARE FORESEEABLE OR IT HAS BEEN ADVISED OR HAS CONSTRUCTIVE
KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ITS PROVISION OF
THE SERVICES OR OTHER ALLEGED PERFORMANCE OR NON-PERFORMANCE PURSUANT TO
ANY PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF
REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS REGARDLESS OF WHETHER ANY
CLAIM TO SUCH DAMAGES SOUNDS IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY, INFRINGEMENT OF INTELLECTUAL-PROPERTY OR PROPRIETARY RIGHTS, OR OTHER FORM OF ACTION.
EXHIBIT B
J. GENERAL
This Agreement constitutes the entire agreement of the Parties with respect to matters set forth in this Agreement and supersedes any prior or contemporaneous understanding or agreement, oral or written, with respect to such matters. The headings in this Agreement are included principally for convenience and shall not by themselves affect the construction or interpretation of any provision in this Agreement, nor affect any of the rights or obligations of you or MTC. If any provision of this Agreement is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of this Agreement; and in any event, the remaining provisions of this Agreement will remain in full force and effect.
T
his Agreement is governed by the laws of the State of California, without reference to any choice-of-law principles. Any action, proceeding, or complaint filed or instituted by any you or MTC to enforce any provision of this Agreement must be brought exclusively in the state courts in the County of Alameda, California or in the United States District Court for Northern District of California; and you and MTC each consent to personal jurisdiction in California.
Should you have any questions concerning this Agreement, you may contact MTC by writing to:
Metropolitan Transportation Commission
375 Beale Street, Suite 800
San Francisco, CA 94105
Attn: StreetSaver® Program Manager
E-mail: [email protected]
EXHIBIT B
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: September 2, 2026
SUBJECT: Agreement with Federal Engineering (not to exceed $400,000) for continued Consultation and Project Management with the Public Safety Radio Communications System project.
RECOMMENDATION:
Staff recommends approval of this agreement.
BACKGROUND:
Since 1983, Federal Engineering Inc. has been an independent, worldwide public safety communications consulting firm, specializing in the planning, design, and implementation of state-of-the-art public safety mobile radio, 9 -1-1, and PSAP emergency communications systems. Federal Engineering has been a partner to the City of Bakersfield (City) and the County of Kern since September 20, 2016, providing consultation and project management services since the project's inception.
To date, the County has been the sole contract holder for Federal Engineering services. In previous years, the City has reimbursed the County for an appropriate portion of the costs for work performed by Federal Engineering under the County’s contract, which primarily benefited the City’s portion of the regional public safety radio system. Recent events have necessitated that the City enter into its own agreement with Federal Engineering Inc. for their services at this final stage of development of the ‘City of Bakersfield’s Metro Cell’ portion of the regional radio project.
This agreement also indemnifies Federal Engineering, Inc.
FISCAL IMPACT:
An initial agreement for $263,880.00 for fifteen (15) months of consultation and project management services, not to exceed $400,000.00. Funding will be identified within the carryover process.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
1. Agreement
2. Certificate of Liability Insurance
3. Summary
4. Exhibit A
5. Exhibit B
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and FEDERAL ENGINEERING INC a corporation authorized to do business in California (referred to herein as “PROVIDER”).
R E C I T A L S
WHEREAS, CITY utilized CONTRACTOR’s services through Kern County for the City/County Public Safety Radio System, as CONTRACTOR provided assistance to the agencies’ joint committee during the needs assessment, vetting and vendor selection process for the public safety radio system overhaul and implementation; and
WHEREAS, Kern County requested high compensation from City for City’s continued use of CONTRACTOR’s services through the County contract, and thus the CITY has chosen to enter into an agreement directly with CONTRACTOR; and
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of independent consulting, design, and planning for public safety communications and emergency response systems ; and
WHEREAS, CITY desires to subscribe to PROVIDER’s technical support services, subject to and in accordance with the Federal Engineering Scope of Work & Cost Proposal attached hereto as Exhibit A and incorporated herein; Federal Engineering Terms & Conditions attached hereto as Exhibit B and incorporated herein; and
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and PROVIDER mutually agree as follows:
1. SCOPE OF WORK . In exchange for the Compensation (defined below), PROVIDER shall perform the following: Assign CITY their own project manager to lead implementation efforts, Lead bi -weekly status calls, Distribute project status reports monthly, Preform tasks including but not limited to Implementing Project Management, Factory Testing, Equipment Delivery & Installation Verification, Coverage & System Testing, System Acceptance & Cutover, Decommissioning, and Project Closeout (“Scope of Work”). The Scope of Work shall be subject to the terms and conditions Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
set forth in Exhibit A and Exhibit B, attached hereto. The Scope of Work shall include all items and procedures necessary to properly complete the task PROVIDER has been hired to perform, whether specifically included in the Scope of Work or not.
2. COMPENSATION/PAYMENT PROCEDURE . Subject to the conditions of this section, CITY will pay PROVIDER as follows for performing the Scope of Work (“Compensation”):
A total lump sum payment of $ 263,880.00 in accordance with the cost and fees set forth in Exhibit A, paid in fifteen (15) monthly installments.
CITY will pay PROVIDER within thirty (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 $ 400,000.00 for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2027.
4. TERMINATION. Either party may terminate t his Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.
5. ACCOUNTING RECORDS . PROVIDER shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at PROVIDER's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of reco very provided for by the common or statutory law) Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
7. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
8. COMPLIANCE WITH ALL LAWS . PROVIDER shall, at PROVIDER’s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all municipal ordinances and state and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
9. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent s and warrant s that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
11. DIRECTION. PROVIDER retains the right to control or direct the manner in which the services described herein are performed.
12. EQUIPMENT. PROVIDER will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
13. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
14. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which referen ce is made in this Agreement are deemed incorporated in this Agreement, whether or not actually Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
attached.
15. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
17. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
18. INDEMNITY. PROVIDER shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caus ed by PROVIDER or PROVIDER’s employees, agents, independent contractors, companies, or subcontractors in the negligent performance of, or in any way arising from, the noncompliance of terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
19. INDEPENDENT CONTRACTOR . This Agreement calls for PROVIDER’s performance of the Scope of Work as an independent contractor.
PROVIDER is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with PROVIDER other than that of an independent contractor.
20. INSURANCE.
20.1 Types and Limits of Insurance . In addition to any other insurance or security required under this Agreement, PROVIDER must procure and maintain, for the duration of this Agreement , the types and limits of insurance below ("Basic Insurance Requirements").
20.1.1 Automobile liability insurance , providing coverage for owned, non -owned, and hired autos on an occurrence
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
basis for bodily injury, including death, of one or more persons, property damage , and personal injury, with limits of not less than $1,000,000 per occurrence.
20.1.2 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage , and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
20.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
20.1.2.2 Provide products and completed operations
coverage;
20.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
20.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
20.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
PROVIDER must submit to CITY the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self -insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, PROVIDER is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
CITY and its mayor, council, officers, agents, employees, and designated volunteers.
20.2 General Provisions Applying to All Insurance Types.
20.2.1 All policies required of PROVIDER must be written on a first - dollar coverage basis, or contain a deductible provision.
Subject to CITY’s advance approval, PROVIDER may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language,
whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an
additional insured.
20.2.2 All policies required of PROVIDER must be primary insurance as to CITY and its mayor, council, officers, agents,
employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of PROVIDER’s insurance and must not
contribute with it.
20.2.3 The insurance required above, e xcept for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approv ed by CITY in writing.
20.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
20.2.5 Full compensation for all premiums which PROVIDER is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
performance of the Scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of
insurance.
20.2.6 It is further understood and agreed by PROVIDER that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
PROVIDER in connection with this Agreement.
20.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for PROVIDER, and all subcontractors must agree in writing to be bound by the provisions of this section.
21. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
22. KEY PERSONNEL. At request of CITY, PROVIDER shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved PROVIDER shall not change such personnel without the approval of CITY.
23. LICENSES. PROVIDER shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for PROVIDER to practice its profession and perform the Scope of Work. If PROVIDER is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If PROVIDER is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.
24. MERGER AND MODIFICATION . This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
25. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
26. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and deemed received by the party (or such party’s authorized representative) on the earliest of the date of personal delivery, ten (10) business days after deposit in the U.S. Mail, or upon sending of an email from which an acknowledgement of receipt has been received other than an out of office, unavailable, or undeliverable reply . The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
PROVIDER: FEDERAL ENGINEERING, INC.
1800 ALEXANDER BELL DRIVE, SUITE P-120
RESTON, VA 20191
28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
29. SB 854 COMPLIANCE . To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the per formance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provide d the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
30. STANDARD OF PERFORMANCE . The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
a specialist of PROVIDER’s profession in California.
31. STARTING WORK. PROVIDER shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
32. TAX NUMBERS.
PROVIDER’s Federal Tax ID Number 52-1316269
PROVIDER is a corporation? Yes X No
33. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify PROVIDER of third-party claims relating to this Agreement. CITY shall be allowed to recover from PROVIDER, and PROVIDER shall pay on demand, all costs of notification.
34. TITLE TO DOCUMENTS . All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by PROVIDER pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “PROVIDER”
CITY OF BAKERSFIELD FEDERAL ENGINEERING INC.
By:________________________________ By:_________________________________ KAREN GOH Print Name:
Mayor Title:
APPROVED AS TO CONTENT:
TECHNOLOGY SERVICES DEPARTMENT
By:_______________________________
GREGORY PRONOVOST
Technology Services Director
APPROVED AS TO FORM: COUNTERSIGNED:
(Deputy) City Attorney:_______________________ Finance Director: _____________________
ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit A- Federal Engineering Scope of Work & Cost Proposal Exhibit B- Federal Engineering Terms & Condition
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 President & CEO
Ron Bosco
Federal Engineering, Inc.
1800 Alexander Bell Drive, Suite P-120, Reston, VA 20191 | 703-359-8200 | [email protected] | www.fedeng.com August 13, 2026
Submitted via email: [email protected]
Mr. Greg Pronovost, Director
Technology Services Department
City of Bakersfield
1501 Truxtun Ave
Bakersfield, CA 93301-5201
RE: Project Management and Implementation Oversight
Dear Mr. Pronovost:
Federal Engineering, Inc. (FE) is pleased to submit this proposal to the City of Bakersfield for Project Management and Implementation Oversight of the City’s new land mobile radio (LMR) network. FE is best qualified to provide the requested services to meet the City’s public safety radio needs:
• FE brings extensive experience consulting on thousands of similar public safety radio projects from needs assessment and requirements definition through RFP development, system procurement, and successful implementation.
• FE has considerable experience providing consulting services in California. With more than 70 projects in the state, we will bring our in-depth understanding of state, regional, and municipal regulations, policies, and operating environments to the City. • Objective analysis and vendor neutrality are the company's core values. FE is truly an independent, trusted advisor to our clients. FE has never had a contract canceled for lack of performance or had a contract end in failure. Most of our proposals have resulted in repeat business.
• FE has been chosen by more organizations than any other public safety communications consulting firm because we meet users’ needs and minimize project risk.
FE is committed to client success and constantly seeks ways to improve the efficiency of public safety and local government. FE provides leadership, guidance, and innovation, resulting in unparalleled client satisfaction.
By my signature below, I authorize the submission of this proposal and bind FE to its terms and conditions for 60 days from the proposal’s due date. If you have any questions regarding our proposal or need further information, please contact Rajit Jhaver, Associate Vice President by phone at 480-650-7679 or via email at [email protected]. FE looks forward to working with the City of Bakersfield on this important project and is fully committed to commencing services immediately upon contract execution.
Sincerely,
Ro
nald F. Bosco
President and Chief Executive Officer
Federal Engineering, Inc.
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate ii
TABLE OF CONTENTS
1 Company Overview .......................................................................................................................................... 1 2 Scope of Work .................................................................................................................................................. 2
2.1 Project Management Approach ................................................................................................................. 2
2.2 Tasks to Be Performed .............................................................................................................................. 2
2.3 Optional Implementation Services ............................................................................................................. 5
2.4 Milestones .................................................................................................................................................. 6
2.5 Staffing/Organization ................................................................................................................................. 6 3 Cost Proposal ................................................................................................................................................... 7
3.1 Firm Fixed Price ......................................................................................................................................... 7
3.2 Invoicing ..................................................................................................................................................... 7
3.3 Hourly Rates .............................................................................................................................................. 7
3.4 Basis of Our Proposal ................................................................................................................................ 7 4 Appendix: Resumes of Key Personnel ........................................................................................................... 9 Proprietary Notice
This proposal, its contents, and appendices are proprietary to Federal Engineering, Inc. and shall not be disclosed to third parties without prior written permission from Federal Engineering, Inc. Should this proprietary notice conflict with any government procurement regulations, policies, or practices, the government procurement regulations shall take precedence.
Copyright ©2026 by Federal Engineering, Inc. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Fairfax County, Virginia.
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 1
1 Company Overview
Federal Engineering (FE) is the leading independent consulting firm in technology solutions, communication systems, and operational processes for public safety organizations. FE has an unmatched reputation for providing strategic plans, operational and system analysis, requirements definition, conceptual design, procurement support, project management, and implementation oversight for a wide variety of public safety communication, software, and technology projects.
FE is recognized for applying innovative and cost-effective technology to keep critical processes and infrastructures reliable and sustainable.
Partnering with FE provides our clients with a full lifecycle of consulting services. As a trusted advisor, FE promotes a collaborative approach and strives to maintain lifelong partnerships with every client. • Extensive pu blic safety consulting experience: FE has been selected by more than 500 clients across the United States and Canada, many for multiple projects. Our clients range in population from 5,000 to over 40 million. We have served public safety organizations in every state and completed over 3,500 consulting projects across North America.
• Unparalleled subject matter expertise: FE offers a team of 50 highly qualified, senior-level consultants and subject-matter experts located across the United States. With a combined total of 1,200 years of hands-on experience, our staff has extensive experience in law enforcement, fire services, emergency communications, and municipal government. • Independence com mitment: FE is committed to total independence, free from the influence of hardware vendors, software suppliers, system integrators, or managed service providers. Objective independence and vendor neutrality are core values of the company.
FE is truly an independent, trusted advisor to our clients. • Best pra ctices and industry standards: FE consultants are actively involved in industry working groups and national standards organizations, and apply the knowledge gained to deliver best practices in every project.
• Delivering best-value solutions: Solid economic recommendations are critical to moving a public safety radio communications project forward. We have developed the tools, skillsets, and methodologies necessary to deliver actionable, affordable solutions that most effectively meet the needs of public safety agencies at the lowest risk. • Private ownership: Founded in 1983, FE is a privately owned, independent consulting firm.
Private ownership provides distinct advantages—outside investors or venture capital firms do not influence corporate decisions. FE founders continue to lead the firm. Our consistency in ownership, leadership, and vision results in continued project success and unparalleled client satisfaction.
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 2
2 Scope of Work
2.1 Project Management Approach
Effective project management is the key to the success of any project. With more than 43 years of project management experience, FE understands that each project is unique, and we customize the approach, solutions, and deliverables to meet each client’s specific needs and project objectives. The City will be assigned its own project manager to lead the implementation effort, independent of the County’s implementation team.
The project manager assigned to the City will lead bi-weekly status calls and document notes from all project meetings, with follow-up discussions as required. He will distribute agendas and goals for each meeting to keep stakeholders informed . Each month, the project manager will distribute a project status report.
FE follows the Project Management Institute's (PMI) best practices and uses PMI’s Project Management Body of Knowledge (PMBOK) methodology to manage project tasks and deliverables.
Several FE project managers are PMI-certified Project Management Professionals (PMP). Our proven project management approach focuses on collaboration, open communications, consensus building, risk mitigation, and a high level of visibility into the ongoing status of the project.
FE will track and manage scope, schedule, and budget to assess whether the vendor, Motorola Solutions, is compliant with the contractual system requirements. FE’s oversight will help support a smooth, orderly transition from the legacy radio system to the new radio system while minimizing downtime. FE will allocate and assign staff as necessary from its pool of resources to support the specific implementation oversight tasks and meet the project schedule.
P
roject Management Deliverable(s):
• Bi-weekly project status meeting (via conference call) • Meeting agenda and notes
• Monthly project status reports
2.2 Tasks to Be Performed
Task 1: Implementation Project Management
Implementation support services take a project from the initiation, planning, and design review phases through installation, testing, and final cutover. FE will review Motorola’s project planning materials and advise the City on our recommendations. This project management methodology will provide the City with the visibility necessary to minimize surprises and create a proactive project management environment.
Our implementation support tasks will align with Motorola’s schedule to provide oversight and management of specific activities. FE will monitor key implementation milestones.
FE will coordinate with the City to determine which of these tasks will be necessary based upon Motorola’s implementation tasks and schedule and the City’s requirements. The following activities are typical of this type of project:
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 3
1. Participate in project status meetings specific to the City’s implementation.
2. Participate in other onsite or remote project meetings as the implementation dictates.
3. Assist in the development of project execution processes as they relate to milestone processing, effective communications across teams, roles and responsibilities, and documentation formats.
4. Review frequency plans and license applications as required.
5. Review system fleet mapping.
6. Maintain an independent punch list of items during implementation activities including issue, responsible party, target date for completion, actual date of completion, and resolution.
7. Assist the City in resolving implementation issues, oversee the punch list development and resolution process for implementation, identify any vendor performance issues, and make appropriate recommendations to the City.
8. Deliver a monthly project status report that reflects the current month’s activities, risks, and achievements, and present a plan for the following month’s activities.
9. Coordinate with the City’s project management personnel.
Task 2: Factory Testing, Equipment Delivery, and Installation Verification
1. Attend factory staging at Motorola’s facility acting as the City’s technical advisor.
2. Conduct an independent inventory of equipment upon delivery to each City site and c
ompare the inventory with the City’s purchase order.
3. Oversee Motorola’s project implementation tasks to assess timely completion and adherence to schedule.
4. Inspect each site to assess whether the equipment installations are in accordance with the specifications, meet good workmanship practices, and are within equipment standards. For the following inspection-related activities as identified in the vendor’s schedule, FE will typically perform the following:
• Review shelter preparation activities to assess whether they have been completed consistent with industry standards and in time for installations. • Assess whether required facility improvements have been made including internal a
nd external grounding.
• Inspect site installations and grounding.
• Inspect the site equipment installation including antenna, transmission line, radio system infrastructure equipment, and microwave equipment. • Witness the final site tests.
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 4
• Review each site’s punch list and determine if it includes deficiencies noted during the site preparation and test verification. Determine if corrective actions have been taken before any punch list items are removed.
Task 3: Coverage and System Testing
FE will participate in the following testing activities as identified in the schedule:
1. FE and the City will mutually define the coverage testing area.
2. FE will accompany Motorola’s testers and witness coverage tests as the City’s representative.
3. FE will review coverage test results and compare them to the requirements of the contract.
4. FE will attend the final system testing and observe test results.
5. FE will provide a memo to the City that identifies coverage and system testing results and any recommendations for Motorola to correct deficiencies in the test documentation.
6. FE will review our independent punch list and Motorola’s punch list and determine if retesting results confirm that the deficiencies have been corrected.
Task 4: System Acceptance and Cutover
1. Prior to system acceptance, FE will review the final cutover plan and identify deficiencies or areas for improvement. FE will assist the City in negotiating final changes to the cutover plan.
2. Final system acceptance will begin after the system tests have been successfully completed and the fully functional system has been delivered. FE will witness acceptance testing activities, assess the test results, and make any necessary recommendations for Motorola to correct deficiencies identified during the testing.
3. Upon completion of system acceptance testing and correction of deficiencies, including punch list and documented items, FE will make a recommendation to the City regarding acceptance of the system and cutover.
4. FE will witness the system cutover to determine if the cutover procedures ar e
ex
ecuted properly and success criteria have been met.
Task 5: Documentation
1. FE will determine if corrections have been made to the final manuals after final system acceptance testing and discrepancies are corrected.
2. FE will review and assess the accuracy of as-built drawings.
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 5
3. FE will review training plans and curricula and make recommendations for modifications as necessary.
Task 6: Decommissioning
FE’s project manager will:
1. Review Motorola’s decommissioning plan and provide feedback.
2. Review the transport, delivery, and inventory records for the decommissioned equ
ipment.
3. Assist the City with the coordination for the removal and disposal of unwanted equipment. The actual disposal of unwanted equipment is not within the scope of this task.
Task 7: Project Closeout
The project closeout consists of a formal review with the project team and Motorola’s project team. FE will attend the review to:
1. Assess acceptance of final project deliverables.
2. Review all punch list items that have been completed and approved.
3. Assess handover process to Motorola’s support team.
2.3 Optional Implementation Services
FE can provide optional services, in addition to the services outlined above, if required by the City, according to the hourly rate schedule.
Optional assignments may consist of any of the following:
• FE may provide technical assistance to the Public Safety Technology Manager or other stakeholders.
• FE may offer informal advice or conduct technical research. • FE may assist in administrative issues such as FCC license modifications or renewals. • FE may interface with City management and radio system users. • FE may perform analyses of radio operations and system/technology utilization and develop improvement recommendations.
• FE may conduct special presentations on select subjects. • FE may provide support in areas such as consulting, operations, engineering, or administration for public safety technology including, but not limited to, LMR, wireless
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 6
broadband, alerts and warning systems, Next Generation 9-1-1, Computer-Aided Dispatch, Records Management System, and 9-1-1 Center services. • FE may perform other tasks as directed by the City’s project manager. • FE may conduct project review meetings or technical seminars. • FE may conduct oral presentations on requested subjects. • FE may generate project plans using Microsoft Project and other software. • FE may generate brief memoranda, reports, or white papers on findings. • FE may participate at meetings to support findings or to discuss assignments.
2.4 M ilestones
FE’s scope of work is based upon a project duration of 15 months from the City’s notice to proceed and milestones will follow the schedule already developed by Motorola.
2.5 Staffing/Organization
FE has made the following staffing assumptions in preparing this proposal; resumes for key personnel are included in the Appendix:
• FE proposes two primary resources to support this project. These individuals are Senior Consultants who will fulfill the roles of Project Manager and Technical Lead. In addition, a Director will oversee this project.
• The FE Director will provide overall project oversight and guidance, participate in conference calls, and attend major milestone meetings.
• The FE Project Manager, Mr. David Mortimer, PMP, will be the City’s project manager and will provide no support to the County’s team. He will provide necessary support to the project, participating in project meetings, project reviews, milestone meetings, and o
nsite events as required.
• The FE Technical Lead will perform the role as a technical advisor to oversee the vendor’s technical integration of the system and provide responses to the vendor’s submittals and change orders. The Technical Lead will perform duties remotely, and travel for key technical milestones.
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 7
3 Cost Proposal
3.1 Firm Fixed Price
The total firm fixed price, including labor, travel, and other direct costs, for the City of Bakersfield, California Project Management and Implementation Oversight project is $263,880.
FE’s proposed price for this project is indicative of the efficiency of our operations, our proven automated tools, our vast experience completing similar projects, and our view of the strategic nature of the City of Bakersfield’s project. Further, it is not our culture to “up-scope” during contract negotiations or during the project, unless the City of Bakersfield adds scope of work beyond that outlined in your RFP.
3.2 Invoicing
FE will submit 15 equal invoices of $17,592 on the first of each month for 15 consecutive months.
3.3 Hourly Rates
If required by City of Bakersfield, FE can provide additional services in accordance with the rate schedule below.
SCHEDULE A
LONG-TERM CONSULTING RATES
Effective January 1, 2026, through December 31, 2027
Director/Chief Consultant $ 300.00 per hour
Senior Consultant $ 250.00 per hour
Consultant $ 215.00 per hour
Senior Analyst $ 180.00 per hour
Analyst $ 135.00 per hour
Administrative Services $ 105.00 per hour
3.4 Basis of Our Proposal
1. This proposal assumes Federal Engineering, Inc. will perform all of the tasks as called out in t
he technical proposal (excluding optional tasks). The deletion of a task, a significant change in scope of one or more tasks, or use of a phased implementation approach may affect the o
verall price.
2. FE will provide draft and final deliverables electronically to the City of Bakersfield, California.
3. This proposal assumes that City’s project manager will schedule meetings, provide meeting facilities, notify attendees, and arrange for onsite visits.
4. Any optional or additional tasking will be authorized by mutual agreement of the City and FE.
Such tasks will be performed on a time and materials basis in accordance with the rates in Schedule A or on a fixed price basis as mutually agreed upon in a task order by the City a
nd FE.
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 8
5. FE’s ability to fulfill this task depends, in part, on the willingness and ability of the City, C
ity participants, equipment vendors, service providers, third parties, and others to provide inf
ormation in a timely manner, and upon the accuracy of the information as supplied. The accuracy of input data, whether provided in electronic or hard copy form, and the recommendations, actions, system designs, and security measures resulting therefrom cannot, therefore, be warranted by FE, nor can FE warrant the performance, suitability, reliability, or cybersecurity of said systems. FE accepts no responsibility or liability to any third party in respect to any information or related work product delivered by FE; and the City shall indemnify FE for any legal expenses, claim, suit, or judgement by a third party.
This information is subjective in certain respects, and, thus, susceptible to multiple interpretations and may need periodic revisions based on actual experience and subsequent developments.
6. FE is prepared to begin this project immediately upon execution of the contract. This proposal is based upon a start date on or before October 1, 2026, and assumes a 15-month schedule. Delays to the project schedule due to actions or lack of actions on the part of the City, City participants, third parties, and others including, but not limited to vendor protests, protracted contract negotiations, vendor delays that impact the program schedul e
w
ill increase the costs to the City will be brought to the attention of the City’s project manager in a timely manner. The schedule impact and cost increases will be reduced to writing via a mutually agreed upon contract amendment.
7. In the event of a project delay by the City, FE reserves the right to invoice for efforts expended towards the completion of a task or deliverable and the City agrees to pay said invo
ice.
8. This proposal assumes a mutually agreeable invoicing schedule for work completed.
9. Federal Engineering reserves the right to assign/reassign work efforts and associated costs across tasks and between our professional staff members in order to meet our contractual obligations to the City.
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 9
4 Appendix: Resumes of Key Personnel
David Mortimer, MBA, PMP , ENP
Project Manager
David Mortimer has 20 years of project management experience and is adept at managing projects from goal setting to planning and completion. He is an expert in processes and best practices of project management and is skilled at proactively managing change s in project scope, identifying potential problems, and devising contingency plans. David is proficient at managing multiple risks and applies excellent communication skills to develop client and partner relationships.
On multiple projects, David has directed all phases of customer engagements, from initiation through completion, including day -to-day operational aspects . He managed budget, schedule, quality, and technical performance of assigned projects, defining project scope, objectives, and deliverables that supported project goals. In addition, he introduced new technology, managed project teams, and communicated project expectations to team members and partners. He also reviewed design drawings and acted as liaison between design engineers and clients.
Areas of Expertise Project Experience
• Project management
• Complex systems management
and implementation
• Engineering
• Process improvement
• Procurement and contract
negotiations
• Risk management
• Strategic planning
State/Regional Experience
• Wisconsin statewide radio implementation
• Nevada statewide radio system implementation
• Puget Sound Emergency Radio Network (PSERN), WA
PSERN network review
• Lower Colorado River Authority, TX 700 MHz licensing
services for Goliad Central, New Braunfels simulcast,
Kerlicks Conrads, and Piney Creek
• Florida SLERS-2 project management FYI 22-26
City/County Experience
• Marin County, CA Emergency Radio Authority (MERA)
implementati
on
• San Mateo County, CA Microwave, LMR project
Management, SME consulting and public safety
infrastructure upgrade
• Tillamook County, OR procurement
• Harrison County, MS LMR consulting
• Mesa, AZ coverage study
• Yuma, AZ spectrum interference study
• Twin Falls, ID coverage study
• Washoe County, NV implementation
• Josephine County, OR coverage/configuration
as
sessment
• Kenosha County, WI public safety radio simulcast
communication tower expansion
• Monroe County, NY emergency management/public
safety planning and technical professional services
Education and Training
• Master of Business Administration,
Syracuse University
• Bachelor of Science, Electrical
Engineering, Brigham Young
U
niversity
• Project Management Professional
(PMP)
• Advanced Master’s Certificate in
Project Management
Professional Organizations
• Project Management Institute
• APCO
• NENA
• IEEE
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 10
Rajit Jhaver
Associate Vice President / Director
Mr. Jhaver is responsible for providing consulting services for public safety mission critical voice communications to state and local government customers. His 25 years of experience include designing and implementing communications systems for a major radio vendor as well as independent consultant. His roles include assessing current communications infrastructure and local needs, developing system requirements, and providing design alternatives including cost-benefit analyses for each. Mr. Jhaver has in-depth experience in APCO P25 interoperability standards , and design,
as well as all phases of land mobile radio systems
engineering. He is able to analyze cost/benefits, complete economic analysis for systems , and provide strategic planning for radio administrators.
Areas of Expertise Project Experience
• Network design and Implementation
• Site assessment
• Public safety voice and data
c
ommunications
• Public safety mission critical voice
networks
City/County Experience
• Del Norte County, CA interoperability communications
assessment and plan
• El Dorado Hills, CA Fire Department communications system as
sessment and design
• Z Consulting: Santa Cruz, CA LMR, microwave and
pr
ocurement
• Z Consulting: Lompoc, CA radio on-call technical support • Marin County, CA wireless communications, FCC conventional licensing support and emergency radio authority (MERA)
implementation
• Merced County, CA interoperability communications study, procurement and implementation
• Mono County, CA PSAP consolidation and radio consulting • Monterey County, CA microwave backhaul upgrade
as
sessment and design
• San Diego County, CA mutual aid zones and public safety radio communications consulting
• City and County of San Francisco, CA P25 radio replacement • San Mateo County, CA microwave and LMR project
management, SME consulting and infrastructure upgrade
• Santa Barbara County, CA public safety radio replacement and implementation
• Simi Valley, CA LMR RFP development, procurement, and c
ontract negotiations
• Tuolumne Band of Me-Wuk Indians, CA feasibility study for interoperability communications plan
• Ventura, CA LMR procurement
Education and Training
• M.B.A., Strategy, Finance and
Economics with Honors, University
of Chicago
• B.S., Computer Engineering,
University of Toronto, Ontario
Professional Organizations
• PTIG Board of Directors 2023-
2025
EXHIBIT A
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 FEDERAL ENGINEERING INC. TERMS & CONDITIONS
1. STATEMENT OF WORK:
1.1 FE will complete the initial work as described in its Proposal Federal Engineering-Bakersfield, CA PRO S -T On -call Tech Support dated August 13, 2026, which is attached and made part of this agreement.
1.2 The Client or FE may, from time to time during the Term of this Agreement, issue additional written Task Orders detailing the services to be delivered under this Agreement specify: (a) the statement of work to be performed; (b) security requirements, if any; (c) the ceiling price or other fee amount, including all charges, expenses, and travel authorizations, if any; and (d) any other applicable instructions. To be valid and deemed to be a Task Order to be performed under this Agreement, approved Task Orders will be executed by both parties and , thereupon, shall be incorporated into this Agreement by reference.
1.3. Except as expressly set forth in the terms of a Task Order signed by both Client and FE, in the event a conflict exists between the terms of a Task Order and the terms of this Agreement, the terms of this Agreement shall control.
2. CLIENT OBLIGATIONS: Nothing herein shall be construed as an obligation of the Client or FE to issue, or to FE to consent to, any additional Task Orders hereunder and the limit of the Client’s and FE’s duties shall extend only to Task Orders as may be approved by Client and FE in accordance with this Agreement . All Task Orders are subject to review and acceptance by FE; acceptance of which shall be provided by FE returning a copy of the fully signed Task Order to Client.
3. COMPENSATION:
3.1. FE will be compensated in accordance with the terms and conditions as described in its Proposal Federal Engineering -Bakersfield, CA PRO S -T On -call Tech Support dated August 13, 2026.
3.2. For any additional fixed-price Task Orders, FE will submit invoices to Client in accordance with the agreed-upon milestone schedule showing the tasks that have been completed.
3.3. For any additional time and materials Task Orders, FE will submit invoices to Client monthly in accordance with FE’s then-current Rates and Terms indicated , a copy of which is set forth and incorporated into the Proposal attached to this Agreement as Schedule A.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
3.4. Unless stated otherwise in any Task Order, payment of all invoices shall be due within thirty (30) days of the invoice date . Late balances are subject to a finance charge of 1.5 percent per month or fraction thereof . Any and all taxes, except Federal income taxes, imposed or assessed by reason of this Agreement or its performance, including but not limited to sales or use taxes, will be in addition to the invoiced amounts and shall be paid by the Client.
4. INDEPENDENT CONTRACTOR: FE shall be deemed at all times to be an independent contractor of the Client and shall not be deemed to be an employee, joint venturer, or other nature of partner of the Client. Neither FE nor its personnel shall at any time, or for any purpose, be considered employees or agents of the Client. The Client is hereby contracting with FE for the services described in the approved Task Order(s). FE is not required to perform the services during a fixed hourly or daily time , and if the services are performed at the Client's premises, then FE's time spent at the premises is to be at the discretion of FE, subject to the Client's normal business hours and security requirements. FE hereby confirms to the Client that the Client will not be required to furnish or provide any training to FE to enable FE to perform the services required hereunder. The services shall be performed by FE, and the Client shall not be required to hire, supervise or pay any assistants to help FE perform the services under this Agreement. The management of the work, including but not limited to the order or sequence in which it is performed, shall be under the control of FE, subject to compliance with any approved Task Order(s). Except to the extent that FE’s work must be performed on or with the Client’s computer or the Client’s software, all materials used in providing the services shall be provided by FE. FE shall have and maintain insurance coverages in the normal course of FE’s business and, in addition thereto , FE shall procure any specialized insurance that is specifically called for in writing and expressly set forth in an approved Task Order to this Agreement. The Client understands and agrees that as an independent contractor, FE does not have any authority to sign contracts, notes, or obligations to make purchases, or to acquire or dispose of any property for or on behalf of the Client.
5. WARRANTY: FE hereby warrants to the Client that FE is not under any obligation, contract, or agreement, nor has FE previously executed, any agreement with any third party that would, in any manner, prevent FE from giving, and the Client from receiving, the full benefit of FE’s services as contemplated by this Agreement. FE makes no other warranties, whether written, oral, or implied, including without limitation warranty of fitness for purpose or merchantability. In no event shall FE be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to FE in advance or could have been reasonably foreseen by FE, and in the event this limitation of damages is held unenforceable, then the parties agree that by Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 reason of the difficulty in foreseeing possible damages, all liability to Client shall be limited to One Hundred dollars ($100.00) as liquidated damages and not as a penalty.
6. PROPRIETARY INFORMATION:
6.1. Both parties hereby agree that at all times both during the term of this Agreement and for a period of three (3) years after the End Date, that each party will hold inviolate and keep secret all knowledge, information, data, trade secrets, inventions, and customer lists that have been clearly marked "PROPRIETARY" or ‘CONFIDENTIAL” by the other party. Each party under the terms of this Agreement, will not disclose such information to any competitor, or other individual, corporation, or firm except when authorized to do so by the other party, in writing. Nothing herein shall be construed as to preclude either party from engaging in any occupation or endeavor that will not directly or indirectly involve the proprietary information of the other party.
6.2. Each party’s obligations with respect to handling and using proprietary information of the other party as set forth in Section 6.1, above, are not applicable to: (a) Information that at the time of disclosure is or was either known to the party or disclosed in then-existing literature or patents or is or was in any other way in the public domain; (b) Information that after disclosure becomes known to the party by independent discovery or by casual observation or analysis of information provided by a third party; ( c) Information that after disclosure becomes known to the party from a source other than the other party without breach of any obligation by the disclosing party; ( d) Information that is or has been furnished by the disclosing party to the Government with "unlimited" rights, and (e) Information available in the public domain.
7. RELEASE OF INFORMATION:
7.1 FE shall not make any public release of information in any medium concerning this Agreement without the prior review and approval of the Client.
7.2. Requests for review of any information and/or materials proposed for public release, in any medium whatsoever, shall be submitted in writing to an authorized representative of the Client for approval, which review and approval shall not be unreasonably withheld or delayed.
8. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either party after giving the other party written notice thirty (30) days in advance . Should the Client terminate this Agreement while work is in progress, FE shall, upon receipt of the notice of termination , stop all work as quickly as practical. The Client shall be responsible for all service fees, labor costs and expenses incurred by FE through the date that FE reasonably is able to terminate such work, as well as any demobilization costs.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
9. ASSIGNMENT: Neither party shall assign or transfer this Agreement without the written consent of the other party.
10. GOVERNING LAW: This Agreement shall be interpreted , governed by, and construed in accordance with, and the rights of the parties shall be determined under, the laws of the Commonwealth of California without regard to California’s conflict of laws provisions. The Client agrees that the venue for any and all disputes arising under and/or with respect to this Agreement shall be in the courts of Bakersfield, California , or the Superior Court of California, County of Kern ; and the Client hereby consents to the jurisdiction of said courts and waives any defense of forum non-conveniens with respect to said courts.
11. COMPLIANCE WITH APPLICABLE LAWS: Both parties agree to comply with all applicable laws, statutes, and orders of the United States Government and any or political subdivisions thereof now in effect or hereafter enacted, and the same shall be deemed to be incorporated by reference. FE shall be held harmless by the Client for violation of any governmental procurement regulation to which it may be subject but to which specific written reference is not made in this Agreement.
12. SET OFF: The Client acknowledges and further agrees that FE shall have the right to set off, against any amounts which may become due and payable to the Client, any amount which the Client may owe to FE, whether arising under this Agreement or otherwise.
13. MUTUAL HOLD HARMLESS: PROVIDER and CITY do hereby, and for each of their respective officers, officials, agents, employees, volunteers, successors and assigns agree to hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through or by its agents, officers or employees) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage.
14. NON-SOLICITATION: The Client hereby agrees that for the term of this Agreement, and for a period of one (1) year thereafter, the Client shall not directly or indirectly, orally, in writing, or by other method of communication, solicit any employee, agent, or consultant of FE, nor encourage any employee, agent, or consultant of FE, to terminate such employee’s, agent’s, or consultant’s work, business, or other professional relationship with FE.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
15. COOPERATIVE PROCUREMENT: This Agreement may be extended to other public agencies and political subdivisions including , but not limited to , Federal, state, county, and local entities, to permit those public entities to purchase in accordance with the pricing, terms, and conditions set forth in this Agreement. Notwithstanding the foregoing in this Section 15, each purchasing public entity will deal directly with FE with regard to the statement of work, order placement, delivery, invoicing, and payment applicable to such public entity . The Client does not accept any responsibility or involvement in the purchase orders or contracts issued by other public entities.
16. WAIVER: The failure of FE to insist on strict performance of any of the terms and conditions hereof shall not constitute a waiver of any other provision of this Agreement.
17. FORCE MAJEURE : FE shall not be responsible for FE’s failure to fulfill its obligations under this Agreement due to causes that are beyond FE’s reasonable control, including, without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, pandemics, riots, wars, terrorist acts , travel restrictions, or any other causes, directly or indirectly beyond FE’s reasonable control, so long as FE is using its best efforts to remedy such failure or delays.
18. CONSTRUCTION: Paragraph numbers and headings used in this Agreement are for convenience only and shall not effect the interpretation of this Agreement. If any term or condition of this Agreement is in conflict with local, state, o r federal law and becomes null and void, the remainder of the Agreement shall survive and remain in effect. If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to the law. This Agreement shall be construed as having been negotiated between the parties and not drafted by a particular party.
19. NO THIRD-PARTY BENEFICIARIES: Notwithstanding anything in this Agreement to the contrary, this Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns , if any, and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
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
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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
WVD
ADDL
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
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
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
8/24/2026
Preferred Ins. Services, Inc
4100 Monument Corner Dr., Suite 400
Fairfax VA 22030
Certificate Department
703-667-5940
703-991-4838
[email protected]
Continental Casualty Company
20443
FEDEENG-01
Hartford Fire Insurance Company- Main Carrier Entr
19682
Federal Engineering, Inc.
1800 Alexander Bell Drive STE P-120
Reston VA 20191
Federal Insurance Company
20281
Flagship City Ins Co
35585
784092283
A
X
1,000,000
X
1,000,000
10,000
1,000,000
2,000,000
X
Y
Y
6012243370
7/1/2026
7/1/2027
2,000,000
D
1,000,000
X
X
X
Y
Y
Q80-0033063
7/1/2026
7/1/2027
A
X
X
5,000,000
Y
6012243529
7/1/2026
Y
7/1/2027
5,000,000
X
10,000
B
X
Y
42WECAT0FBL
7/1/2026
7/1/2027
1,000,000
1,000,000
1,000,000
A
C
Tech E&O/Cyber/Media Liability
Theft of Client Property
6012243370
J0714488A
7/1/2026
7/1/2026
7/1/2027
7/1/2027
Each Claim/Aggregate
$5,000 Deductible
5,000,000
500,000
Re: CITY OF BAKERSFIELD, ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS are Additional Insured with respect to General Liability, which includes on-going and completed operations, and Automobile Liability regarding all work performed by the named insured. Waiver of Subrogation in favor of Additional Insureds applies to General Liability, Automobile Liability and Workers’ Compensation. Umbrella Liability Follows form.
Primary & non-contributory wording applies to General Liability as required by written contract. Auto Insurance is primary
CITY OF BAKERSFIELD
OFFICE OF RISK MANAGEMENT
1600 TRUXTUN AVE
BAKERSFIELD CA 93301
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 SB146932G
(Ed. 10-19)
BLANKETADDITIONALINSUREDAND LIABILITYEXTENSIONENDORSEMENT This endorsementmodifiesinsuranceprovidedunderthe following:
BUSINESSOWNERSLIABILITYCOVERAGEFORM
BUSINESSOWNERSCOMMONPOLICYCONDITIONS
TABLEOF CONTENTS
I. BlanketAdditionalInsured Provisions
A. AdditionalInsured– BlanketVendors
B. MiscellaneousAdditionalInsureds
C. AdditionalProvisionsPertinentto AdditionalInsuredCoverage
1.a. Primary– Noncontributoryprovision
1.b. Definitionof "writtencontract"
2. AdditionalInsured– ExtendedCoverage
II. LiabilityExtensionCoverages
A. BodilyInjury– ExpandedDefinition
B. BroadKnowledgeof Occurrence
C. Estates,LegalRepresentativesand Spouses
D. FellowEmployeeFirstAid
E. LegalLiability– Damageto Premises
F. Personaland AdvertisingInjury– Discriminationor Humiliation G. Personaland AdvertisingInjury– BroadenedEviction
H. Waiverof Subrogation– Blanket
I. BLANKETADDITIONALINSUREDPROVISIONS
A. ADDITIONALINSURED– BLANKETVENDORS
Who Is An Insuredis amendedto include asan additionalinsured any person or organization(referredto below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "propertydamage" arising out of "your products" which are distributedor sold in the regular courseof thevendor'sbusiness, subjectto thefollowingadditionalexclusions:
1. The insuranceaffordedthe vendordoes not apply to:
a. "Bodilyinjury" or "propertydamage" for which the vendoris obligatedto pay damagesby reasonof the assumptionof liability in a contract or agreement.This exclusion does not apply to liability for damages that thevendorwould have in the absenceof thecontractor agreement; b. Any expresswarrantyunauthorizedby you;
c. Any physicalor chemicalchangein the productmadeintentionallyby the vendor; d. Repackaging,except when unpackedsolely for the purposeof inspection,demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. Any failure to make such inspections,adjustments,tests or servicingas the vendor has agreed to make or normallyundertakesto make in the usual courseof business,in connectionwith the distributionor sale of theproducts;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor'spremisesin connectionwith the sale of theproduct; g. Productswhich, after distributionor sale by you, have been labeled or relabeledor used as a container, part or ingredientof any other thing or substanceby or for the vendor;or SB146932G(10-19) Page1 of 7
Copyright,CNA All Rights Reserved.
00020007560254491754265
6012243370
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 SB146932G
(Ed. 10-19)
h. "Bodilyinjury" or "propertydamage" arising out of the sole negligenceof the vendor for its own acts or omissionsor those of its employeesor anyoneelse actingon its behalf.However,this exclusiondoes not apply to:
(1) The exceptionscontainedin Subparagraphsd. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakesto make in the usual courseof business,in connectionwith the distributionor sale of the products.
2. This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient,part or container,enteringinto, accompanyingor containingsuch products.
3. This provision2. does not apply to any vendor included as an insured by an endorsementissued by us and madea part of this Policy.
4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completedoperationshazard" is excludedeitherby the provisionsof the Policyor by endorsement.
B. MISCELLANEOUSADDITIONALINSUREDS
1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insuredon this policy undera "writtencontract."
2. However,subject always to the terms and conditionsof this policy, including the limits of insurance,we will not providethe additionalinsuredwith:
a. A higherlimit of insurancethan requiredby such "writtencontract;" b. Coveragebroaderthan requiredby such "written contract" and in no event greater than that described by the applicableparagrapha. throughk. below;or
c. Coverage for "bodily injury" or "property damage" included within the "products-completed operationshazard." But this paragraph c. does not apply to the extent coverage for such liability is providedby paragraph3.j. below.
Any coveragegrantedby this endorsementshall apply only to the extentpermittedby law.
3. Only the followingpersonsor organizationscan qualifyas additionalinsuredsunderthis endorsement:
a. ControllingInterest
Any personsor organizationswith a controllinginterestin you but only with respectto their liability arising out of:
(1) such personor organization'sfinancialcontrolof you; or (2) Premisessuch person or organizationowns, maintainsor controls while you lease or occupy these premises;
provided that the coverage granted to such additional insureds does not apply to structural alterations, new constructionor demolitionoperationsperformedby or for such additionalinsured. b. Co-ownerof InsuredPremises
A co-ownerof a premisesco-ownedby you and coveredunder this insurancebut only with respectto the co-ownersliability for "bodily injury," "propertydamage" or "personaland advertisinginjury" as co- ownerof such premises.
c. Grantorof Franchise
Any person or organizationthat has granted a franchiseto you, but only with respect to such person or organization'sliability for "bodily injury," "propertydamage," or "personaland advertisinginjury" as grantorof a franchiseto you.
SB146932G(10-19) Page2 of 7
Copyright,CNA All Rights Reserved.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 SB146932G
(Ed. 10-19)
d. Lessorof Equipment
Any person or organizationfrom whom you lease equipment,but only with respect to liability for "bodily injury," "property damage" or "personal and advertisinginjury" caused in whole or in part by your maintenance,operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the terminationof such lease. e. Lessorof Land
Any personor organizationfrom whomyou lease land, but only with respectto liability for "bodilyinjury," "propertydamage" or "personaland advertisinginjury" arising out of the ownership,maintenanceor use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the terminationof such lease.The insuranceherebyaffordedto the additional insured does not apply to structuralalterations,new constructionor demolitionoperationsperformedby, on behalfof or for such additionalinsured.
f. Lessorof Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager,but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "propertydamage" or the offense giving rise to such "personaland advertisinginjury," takes place prior to the terminationof such lease.
The insurance hereby afforded to the additional insured does not apply to structural alterations, new constructionor demolitionoperationsperformedby, on behalfof or for such additionalinsured. g. Mortgagee,Assigneeor Receiver
A mortgagee,assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "propertydamage" or "personal and advertisinginjury" arising out of the ownership,maintenance,or use of a premisesby you.
This insurance does not apply to structural alterations, new construction or demolition operations performedby, on behalfof or for such additionalinsured. h. Stateor PoliticalSubdivisions
A state or government agency or subdivision or political subdivision that has issued a permit or authorization,but only with respect to such governmentagency or subdivision or political subdivision's liabilityfor "bodilyinjury," "propertydamage" or "personaland advertisinginjury" arisingout of:
(1) The following hazards in connection with premises you own, rent, or control and to which this insuranceapplies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,sidewalkvaults,streetbanners,or decorationsand similarexposures;or (b) The construction,erection,or removalof elevators;or (c) The ownership,maintenanceor use of any elevatorscoveredby this insurance;or (2) The permittedor authorizedoperationsperformedby you or on your behalf.But the coveragegranted by this paragraphdoes not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operationsperformedfor the state or governmentagency or subdivisionor political subdivision; or
(b) "Bodily injury" or "property damage" included within the "products-completedoperations hazard."
With respect to this provision's requirement that additional insured status must be requested under a "writtencontract," we will treat as a "writtencontract" any governmentalpermitthat requiresyou to add the governmentalentity as an additionalinsured.
SB146932G(10-19) Page3 of 7
Copyright,CNA All Rights Reserved.
00020007560254491754266
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 SB146932G
(Ed. 10-19)
i. TradeShowEventLessor
With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any personor organizationwhomyou are requiredto includeas an additionalinsured,but only with respectto such person or organization's liability for "bodily injury," "property damage," or "personal and advertisinginjury" causedby:
a. Your acts or omissions;or
b. Acts or omissionsof those actingon your behalf;
in the performanceof your ongoingoperationsat the trade show premisesduringthe trade show event. j. OtherPersonor Organization
Any person or organizationwho is not an additionalinsured under paragraphsa. throughi. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertisinginjury" for which such additionalinsuredis liable becauseof your acts or omissions.
The coveragegrantedby this paragraphdoes not apply to any personor organization:
(1) For "bodily injury," "property damage," or "personal and advertisinginjury" arising out of the renderingor failureto renderany professionalservices;
(2) For "bodily injury" or "property damage" included in the "products-completedoperations hazard." But this provision(2) does not apply to such "bodilyinjury" or "propertydamage" if:
(a) It is entirely due to your negligence and specifically results from your work for the additional insuredwhich is the subjectto the "writtencontract"; and (b) The "writtencontract" requiresyou to make the personor organizationan additionalinsuredfor such "bodilyinjury" or "propertydamage"; or
(3) Who is affordedadditionalinsuredcoverageunderanotherendorsementattachedto this policy.
C. ADDITIONALPROVISIONSPERTINENTTO ADDITIONALINSUREDCOVERAGE
1. With respectonly to additionalinsuredcoverageprovidedunderparagraphsA. and B. above:
a. The BUSINESSOWNERSCOMMON POLICY CONDITIONSare amended to add the following to the ConditionentitledOtherInsurance:
This insurance is excess of all other insurance available to an additional insured whether primary, excess,contingentor on any other basis. However,if a "writtencontract" requiresthat this insurancebe either primary or primary and noncontributing,then this insurance will be primary and non-contributory relativesolely to insuranceon which the additionalinsuredis a namedinsured. b. UnderLiabilityand MedicalExpenseDefinitions, the followingdefinitionis added:
"Written contract" means a written contract or agreement that requires you to make a person or organizationan additionalinsuredon this policy,providedthe contractor agreement:
(1) Is currentlyin effect or becomeseffectiveduringthe term of this policy;and (2) Was executedprior to:
(a) The "bodilyinjury" or "propertydamage;" or
(b) The offensethat causedthe "personaland advertisinginjury"; for which the additionalinsuredseeks coverage.
2. With respect to any additionalinsured added by this endorsementor by any other endorsementattached to this CoveragePart, the sectionentitledWhoIs An Insuredis amendedto make the followingnaturalpersons insureds.
If the additionalinsuredis:
a. An individual,then his or her spouseis an insured;
SB146932G(10-19) Page4 of 7
Copyright,CNA All Rights Reserved.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 SB146932G
(Ed. 10-19)
b. A partnershipor joint venture,then its partners,membersand their spousesare insureds; c. A limitedliabilitycompany,then its membersand managersare insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers,directorsand shareholdersare insureds;or
e. Any type of entity,then its employeesare insureds;
but only with respectto locationsand operationscoveredby the additionalinsuredendorsement'sprovisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additionalinsuredsare not insuredswith respectto liabilityarisingout of:
(1) "Bodily injury" or "personaland advertisinginjury" to any fellow employee or to any natural person listed in paragraphsa. throughd. above;
(2) "Propertydamage" to propertyowned,occupiedor used by their employeror by any fellow employee;or (3) Providingor failing to provideprofessionalhealthcare services.
II. LIABILITYEXTENSIONCOVERAGES
It is understoodand agreed that this endorsementamends the BusinessownersLiability Coverage Form. If any other endorsementattached to this policy amends any provision also amendedby this endorsement,then that other endorsementcontrolswith respectto such provision,and the changesmadeby this endorsementto such provisiondo not apply.
A. Bodilyinjury– ExpandedDefinition
Under Liabilityand Medical ExpensesDefinitions, the definition of "Bodily injury" is deleted and replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,mentalanguishor mentalinjury by that personat any time which results as a consequenceof the physical injury,sicknessor disease.
B. BroadKnowledgeof Occurrence
Under BusinessownersLiability Conditions, the Condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amendedto add the following:
Paragraphsa. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is knownto:
(1) You or any additionalinsuredthat is an individual;
(2) Any partner,if you or an additionalinsuredis a partnership; (3) Any manager,if you or an additionalinsuredis a limitedliabilitycompany; (4) Any "executiveofficer" or insurancemanager,if you or an additionalinsuredis a corporation; (5) Any trustee,if you or an additionalinsuredis a trust; or (6) Any electedor appointedofficial,if you or an additionalinsuredis a politicalsubdivisionor public entity.
This paragraphappliesseparatelyto you and any additionalinsured.
C. Estates,LegalRepresentativesand Spouses
The estates, heirs, legal representativesand spouses of any natural person insured shall also be insured under this policy;provided,however,coverageis affordedto such estates,heirs, legal representativesand spousesonly for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferredfrom such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representativeor spouseoutsidethe scope of such person'scapacityas such, providedhoweverthat the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership NamedInsuredsare insuredswith respectto such spouses'acts, errorsor omissionsin the conductof the Named Insured'sbusiness.
SB146932G(10-19) Page5 of 7
Copyright,CNA All Rights Reserved.
00020007560254491754267
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 SB146932G
(Ed. 10-19)
D. FellowEmployeeFirstAid Coverage
In the sectionentitledWhoIs An Insured, paragraph2.a.1.is amendedto add the following:
The limitations described in subparagraphs2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providingcardiopulmonaryresuscitationor other first aid services to a co-"employee" or "volunteerworker" that becomesnecessarywhile your "employee" is performingduties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professionalhealth care servicesor healthexaminations.
E. LegalLiability– DamageTo Premises
1. UnderB. Exclusions,1. Applicableto BusinessLiabilityCoverage, Exclusionk. DamageTo Property, is replacedby the following:
k. DamageTo Property
"Propertydamage" to:
1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organizationor entity, for repair, replacement,enhancement,restorationor maintenanceof such property for any reason, including prevention of injury to a person or damage to another's property;
2. Premisesyou sell, give away or abandon,if the "propertydamage" arises out of any part of those premises;
3. Propertyloanedto you;
4. Personalpropertyin the care, custodyor controlof the insured;
5. That particularpart of any real property on which you or any contractorsor subcontractorsworking directlyor indirectlyin your behalf are performingoperations,if the "propertydamage" arises out of those operations;or
6. That particularpart of any propertythat must be restored,repairedor replacedbecause"your work" was incorrectlyperformedon it.
Paragraph2 of this exclusiondoes not apply if the premisesare "your work" and were never occupied, rentedor held for rentalby you.
Paragraphs1, 3, and 4, of this exclusiondo not apply to "propertydamage" (other than damage by fire or explosion)to premises:
(1) rentedto you:
(2) temporarilyoccupiedby you with the permissionof the owner,or (3) to the contentsof premisesrentedto you for a periodof 7 or fewer consecutivedays.
A separatelimit of insuranceappliesto DamageTo PremisesRentedTo You as describedin SectionD – Liabilityand MedicalExpensesLimits of Insurance.
Paragraphs3, 4, 5, and 6 of this exclusiondo not apply to liabilityassumedundera sidetrackagreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completedoperationshazard."
2. UnderB. Exclusions, 1. Applicableto BusinessLiabilityCoverage, the followingparagraphis added,and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and AdvertisingInjury:
Exclusionsc, d, e, f, g, h, i, k, l, m, n, and o, do not apply to damageby fire to premiseswhile rented to you or temporarilyoccupiedby you with permissionof the owneror to the contentsof premisesrentedto you for a period of 7 or fewer consecutivedays. A separatelimit of insuranceapplies to this coverageas describedin SectionD. LiabilityAnd MedicalExpensesLimitsOf Insurance.
SB146932G(10-19) Page6 of 7
Copyright,CNA All Rights Reserved.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 SB146932G
(Ed. 10-19)
3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled LiabilityAnd MedicalExpensesLimitsOf Insuranceis replacedby the following:
The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to PremisesRentedto You Limit. The Damageto PremisesRentedto You Limit is the greaterof:
a. $1,000,000;or
b. The Damageto PremisesRentedto You Limit shownin the Declarations.
F. Personaland AdvertisingInjury– Discriminationor Humiliation
1. Under Liability and Medical ExpensesDefinitions, the definition of "personal and advertisinginjury" is amendedto add the following:
h. Discriminationor humiliationthat resultsin injury to the feelingsor reputationof a naturalperson,but only if such discriminationor humiliationis:
(1) Not done intentionallyby or at the directionof:
(a) The insured;or
(b) Any "executiveofficer," director,stockholder,partner,memberor manager(if you are a limited liabilitycompany)of the insured;and
(2) Not directly or indirectly related to the employment,prospective employment,past employmentor terminationof employmentof any personor personby any insured.
2. Under B. Exclusions,1. Applicableto BusinessLiabilityCoverage, the exclusion entitled Personaland AdvertisingInjuryis amendedto add the followingadditionalexclusions:
(15)DiscriminationRelatingto Room,Dwellingor Premises
Causedby discriminationdirectlyor indirectlyrelatedto the sale, rental,lease or sub-leaseor prospective sale, rental,lease or sub-leaseof any room,dwellingor premisesby or at the directionof any insured. (16)EmploymentRelatedDiscrimination
Discriminationor humiliation directly or indirectly related to the employment, prospective employment, past employmentor terminationof employmentof any personby any insured. (17)Finesor Penalties
Fines or penaltieslevied or imposedby a governmentalentity becauseof discrimination.
3. This provision (Personal and Advertising Injury – Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement.
G. Personaland AdvertisingInjury- BroadenedEviction
Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amendedto deleteParagraphc. and replaceit with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premisesthat a person or organizationoccupiescommittedby or on behalf of its owner, landlord or lessor.
H. Waiverof Subrogation– Blanket
We waive any right of recoverywe may have against:
a. Any personor organizationwith whomyou have a writtencontractthat requiressuch a waiver.
All other termsand conditionsof the Policyremainunchanged.
SB146932G(10-19) Page7 of 7
Copyright,CNA All Rights Reserved.
00020007560254491754268
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
PRIMARY AND NONCONTRIBUTORY-
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COMMON POLICY CONDITIONS
The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
1. The
additional insured is a Named Insured under such other insurance; and
2. Yo
u have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
All other terms and conditions of the Policy remain unchanged.
6/1/2016http://formnet-ci.cna.com/npohtm/scn13510.htm
6012243370
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT
(VIRGINIA)
This enhancement endorsement modifies coverage provided in your Virginia Commercial Auto Policy (VACAP; Ed. 9/10) by amending language provided in forms CA0001 (Business Auto Coverage Form; Ed. 3/10), CA0116 (Virginia Changes – Business Auto Coverage Form; Ed. 10/15), and ADVA01 (Xtra Features Policy Change Endorsement; Ed. 3/16). It provides coverage enhancements to the following portions of your Commercial Auto Policy:
SECTION I – COVERED AUTOS
SECTION I – COVERED AUTOS is amended by the
addition of the following Paragraph:
E. Hired Autos
Coverage for hired “autos” is provided for up to 45 day s anywhere in the world, but coverage only applies to hired “autos” when the “auto” is hired, leased, rented or borrowed for use in your business without a driver. However, this coverage does not apply if providing such coverage would be in violation of any economic or trade sanctions of the United States of America.
Physical Damage coverage up to $100,000 actual cash value is provided on an excess basis for “autos” you hire, lease, rent or borrow if there is a covered “auto” we insure on the policy with physical damage coverage. A $500 deductible applies per “loss”.
The following subparts are added to this section:
SECTION II – LIABILITY COVERAGE
Paragraph A.1. Who Is An Insured is amended with the
addition of the following Paragraphs:
d. any employee of yours while using an “auto” you do not own, borrow or hire in your business or personal affairs. e. any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest
if there is no similar insurance available to that
organization. Coverage is afforded until the 180 th day after you acquire or form the organization or to the end of the policy period, whichever is earlier. Coverage does not apply to “bodily injury ” or “property damage ”
resulting from an “ accident” that occurred before you
acquired or formed the organization.
No person or organization is an “insured” with respect to the conduct of any current or past partnership, join t
venture or limited liability company that is shown as a Named “Insured” in the Declarations.
f. any person or organization with whom you agreed in a written contract, written agreement, or written permit to add as an additional “insured” on your policy is an
additional “insured”. Such person or organ ization is an additional “insured” only with respect to your ownershi p, maintenance or use of an “auto” we insure. Th is
coverage is primary and noncontributory with respect to the additional “insured”.
SECTION III – PHYSICAL DAMAGE
COVERAGE
Paragraph A.4. Coverage Extensions is amended by the
addition of the following:
h. Towing and Labor
We will pay reasonable towing and labor costs up to
$75 per disablement to any covered “ auto” you own
that is insured as a commercial passenger “auto”, or up to $150 per dis ablement for any light or medium duty
truck not exceeding 26,000 pounds gross vehicle
weight. Labor must be done at the sight of the
disablement.
i. Replacement Cost Coverage
We will pay full replacement cost coverage for an y
covered “auto” or “trailer” you own that is involve d in a total “loss” resulting from an “accident” or theft that occurs within 90 days of the purchase date. The
covered “ auto” or “trailer” must have been purchased
new by you (never previously titled), owned by you,
and scheduled on the policy Declarations.
j. Auto Loan/Lease Coverage
In the event of a total “loss” to a covered “auto” show n in the Declarations, we will pay any unpaid amount due
on the lease or loan for a covered “auto”, less:
1. The amount paid under the Physical Damage
Coverage section of the policy; and
2. Any:
a. Overdue lease/loan payments at the time of the
“loss”; and
ERIE INSURANCE
COMMERCIAL AUTO
ACVE01 (Ed. 6/19) UF-C803
Q80-0033063
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 2 b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or high
mileage;
c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease; and
e. Carry-over balances from previous loans or
leases.
The covered “auto” must have been leased or
purchased new, and not previously titled to another
person or corporation.
You are responsible for any deductibles that may apply. k. Loss of Use Expenses – Income Protection
We will pay up to $200 per day for loss of income
resulting from a Comprehensive or Collision “loss” to a “covered auto” if the “loss” is caused by an interruption of business use of that “auto”. The following
provisions apply:
1. Coverage starts 48 hours after the date of the “loss” that causes the downtime. Downtime refers to the
exact number of days the “covered auto” is down
and cannot be used for business purposes;
2. Payment ends on the date the “auto” is returned to
you in useable condition, or a replacement “auto”
is made available to you . However, this coverage
shall not exceed 30 days from the time payment
begins;
3. You are required to make necessary replacement or
repairs to resume operations as soon as possible;
4. Payment under this coverage will be excess over
any payments made under the Comprehensive or
Collision coverage section of the policy;
5. Coverage does not apply if a similar replacement
vehicle is available that you could use to continue
or resume business operations.
The following additional coverages are provided:
MEDICAL EVACUATION BENEFITS
If an emergency evacuation is required because of injury to you that results from an “accident” to a covered “auto”, and a physician determines that adequate medical care cannot be performed locally if such injuries are suffered outside of the United States, the following benefits and expenses will be provided:
1. medical services required for evacuation to the nearest adequate medical facility;
2. escort services if you are disabled as recommended by a physician;
3. ambulance service to the nearest airport, including air ambulance service upon departure;
4. special transportation costs to return you to the United States, including the cost of a stretcher, oxygen or other supplemental medical devices as deemed necessary by
a physician; and
5. any expenses above the cost of a return airfare ticket held by you, or in the absence of a ticket the cost of an economy airfare ticket.
The maximum benefit payable under this coverage shall not exceed $50,000. However, this coverage does not apply if providing such coverage would be in violation of any
economic or trade sanctions of the United States of America.
REPATRIATION BENEFIT
If you die from injuries suffered in a covered “ accident”, we will pay for expenses incurred for the preparation and
transportation of your body back to the United States. The maximum benefit payable under this coverage shall not
exceed $25,000. However, this coverage does not apply if providing such coverage would be in violation of any
economic or trade sanctions of the United States of America.
The following optional coverage applies only if a premium is shown for COMMERCIAL AUTO ENHANCEMENT
COVERAGE W/TRANSPORTATION EXPENSES on your
Declarations:
ADDITIONAL TRANSPORTATION EXPENSES
4. Coverage Extensions
Paragraph a. Transportation Expenses is deleted in the
policy and policy change endorsement ADVA01 and
replaced by the following:
a. We will pay for temporary transportation expenses
incurred by you resulting from a cover ed “loss” under
Comprehensive coverage, Fire, Theft and Windstorm
coverage, Specified Causes of Loss coverage, and
Collision coverage. We will pay these expenses until:
a. the covered “auto” is returned to you in reasonable condition; or
b. we offer settlement;
whichever comes first. The payment for transportation
expenses resulting from a Comprehensive “loss”, a
Fire, Theft and Windstorm “loss”, or a Specified
Causes of Loss “loss” will not exceed $65 per day nor
total more than $2,925 per “loss” unless a higher limit is purchased. The payment for transportation expenses
resulting from a Collision “loss” will not exceed $65
per day nor total more than $2,925 per “loss” unless a
higher limit is purchased. No waiting period applies.
This coverage is in addition to any Transportation
Expenses Coverage purchased under this policy.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 3 SECTION IV – BUSINESS AUTO
CONDITIONS
Paragraph A.5. Transfer Of Rights Of Recovery Against
Others To Us is amended by the addition of the following:
We waive any right of recovery we may have against a
person or organization identified as an Additional Insured because of payments we make for injury or damage arising out of the ownership, maintenance or use of an “auto” under a contract with that Additional Insured.
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Endorsement Number: Policy Number: 42 WEC AT0FBL
Effective Date: 07/01/26 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Federal Engineering Inc.
1800 Alexander Bell Drive STE P-120
Reston VA 20191
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 shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Form WC 00 0313 Printed in
U.S.A. Process Date: 05/22/25
Countersigned by --------------------
Authorized Representative
Policy Expiration Date: 07/01/27
Docusign Envelope ID: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9 Certificate Of Completion
Envelope Id: C59BE288-6FE0-8D9D-80A8-BE2EDFA3C2A9
Status: Completed
Subject: Complete with Docusign: Federal Engineering Agmt- FINAL.pdf, CITY-OF-BAKERSFIELD_07-01-26--07-0...
Source Envelope:
Document Pages: 39
Signatures: 2
Envelope Originator:
Certificate Pages: 5
Initials: 1
City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
9/4/2026 2:03:59 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Signer Events
Signature
Timestamp
Ron Bosco
[email protected]
President & CEO
Federal Engineering, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 72.196.199.16
Sent: 9/4/2026 2:07:12 PM
Viewed: 9/6/2026 4:41:44 AM
Signed: 9/6/2026 4:53:40 AM
Electronic Record and Signature Disclosure:
Accepted: 9/6/2026 4:41:44 AM
ID: 6c31703f-ba19-4d55-885d-5fcbb99eb4cf
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: 9/6/2026 4:53:43 AM
Viewed: 9/8/2026 8:03:56 AM
Signed: 9/8/2026 8:04:09 AM
Electronic Record and Signature Disclosure:
Accepted: 9/8/2026 8:03:56 AM
ID: f4a1b48b-af42-425f-b67d-9f34251c6386
Jena Covey
[email protected]
RISK MANAGER
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 9/8/2026 8:04:11 AM
Viewed: 9/8/2026 8:13:47 AM
Signed: 9/8/2026 8:19:12 AM
Electronic Record and Signature Disclosure:
Accepted: 9/8/2026 8:13:47 AM
ID: a5dcaaa4-1da4-4bba-aef3-e5ba787d0d5e
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
9/4/2026 2:07:12 PM
Certified Delivered
Security Checked
9/8/2026 8:13:47 AM
Signing Complete
Security Checked
9/8/2026 8:19:12 AM
Completed
Security Checked
9/8/2026 8:19:12 AM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Ron Bosco, Gregory Pronovost, Jena Covey Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bakersfield:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Bakersfield of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bakersfield
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bakersfield
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.
Federal Engineering, Inc.
1800 Alexander Bell Drive, Suite P-120, Reston, VA 20191 | 703-359-8200 | [email protected] | www.fedeng.com August 13, 2026
Submitted via email: [email protected]
Mr. Greg Pronovost, Director
Technology Services Department
City of Bakersfield
1501 Truxtun Ave
Bakersfield, CA 93301-5201
RE: Project Management and Implementation Oversight
Dear Mr. Pronovost:
Federal Engineering, Inc. (FE) is pleased to submit this proposal to the City of Bakersfield for Project Management and Implementation Oversight of the City’s new land mobile radio (LMR) network. FE is best qualified to provide the requested services to meet the City’s public safety radio needs:
• FE brings extensive experience consulting on thousands of similar public safety radio projects from needs assessment and requirements definition through RFP development, system procurement, and successful implementation.
• FE has considerable experience providing consulting services in California. With more than 70 projects in the state, we will bring our in-depth understanding of state, regional, and municipal regulations, policies, and operating environments to the City. • Objective analysis and vendor neutrality are the company's core values. FE is truly an independent, trusted advisor to our clients. FE has never had a contract canceled for lack of performance or had a contract end in failure. Most of our proposals have resulted in repeat business.
• FE has been chosen by more organizations than any other public safety communications consulting firm because we meet users’ needs and minimize project risk.
FE is committed to client success and constantly seeks ways to improve the efficiency of public safety and local government. FE provides leadership, guidance, and innovation, resulting in unparalleled client satisfaction.
By my signature below, I authorize the submission of this proposal and bind FE to its terms and conditions for 60 days from the proposal’s due date. If you have any questions regarding our proposal or need further information, please contact Rajit Jhaver, Associate Vice President by phone at 480-650-7679 or via email at [email protected]. FE looks forward to working with the City of Bakersfield on this important project and is fully committed to commencing services immediately upon contract execution.
Sincerely,
Ro
nald F. Bosco
President and Chief Executive Officer
Federal Engineering, Inc.
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate ii
TABLE OF CONTENTS
1 Company Overview .......................................................................................................................................... 1 2 Scope of Work .................................................................................................................................................. 2
2.1 Project Management Approach ................................................................................................................. 2
2.2 Tasks to Be Performed .............................................................................................................................. 2
2.3 Optional Implementation Services ............................................................................................................. 5
2.4 Milestones .................................................................................................................................................. 6
2.5 Staffing/Organization ................................................................................................................................. 6 3 Cost Proposal ................................................................................................................................................... 7
3.1 Firm Fixed Price ......................................................................................................................................... 7
3.2 Invoicing ..................................................................................................................................................... 7
3.3 Hourly Rates .............................................................................................................................................. 7
3.4 Basis of Our Proposal ................................................................................................................................ 7 4 Appendix: Resumes of Key Personnel ........................................................................................................... 9 Proprietary Notice
This proposal, its contents, and appendices are proprietary to Federal Engineering, Inc. and shall not be disclosed to third parties without prior written permission from Federal Engineering, Inc. Should this proprietary notice conflict with any government procurement regulations, policies, or practices, the government procurement regulations shall take precedence.
Copyright ©2026 by Federal Engineering, Inc. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Fairfax County, Virginia.
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 1
1 Company Overview
Federal Engineering (FE) is the leading independent consulting firm in technology solutions, communication systems, and operational processes for public safety organizations. FE has an unmatched reputation for providing strategic plans, operational and system analysis, requirements definition, conceptual design, procurement support, project management, and implementation oversight for a wide variety of public safety communication, software, and technology projects.
FE is recognized for applying innovative and cost-effective technology to keep critical processes and infrastructures reliable and sustainable.
Partnering with FE provides our clients with a full lifecycle of consulting services. As a trusted advisor, FE promotes a collaborative approach and strives to maintain lifelong partnerships with every client. • Extensive pu blic safety consulting experience: FE has been selected by more than 500 clients across the United States and Canada, many for multiple projects. Our clients range in population from 5,000 to over 40 million. We have served public safety organizations in every state and completed over 3,500 consulting projects across North America.
• Unparalleled subject matter expertise: FE offers a team of 50 highly qualified, senior-level consultants and subject-matter experts located across the United States. With a combined total of 1,200 years of hands-on experience, our staff has extensive experience in law enforcement, fire services, emergency communications, and municipal government. • Independence com mitment: FE is committed to total independence, free from the influence of hardware vendors, software suppliers, system integrators, or managed service providers. Objective independence and vendor neutrality are core values of the company.
FE is truly an independent, trusted advisor to our clients. • Best pra ctices and industry standards: FE consultants are actively involved in industry working groups and national standards organizations, and apply the knowledge gained to deliver best practices in every project.
• Delivering best-value solutions: Solid economic recommendations are critical to moving a public safety radio communications project forward. We have developed the tools, skillsets, and methodologies necessary to deliver actionable, affordable solutions that most effectively meet the needs of public safety agencies at the lowest risk. • Private ownership: Founded in 1983, FE is a privately owned, independent consulting firm.
Private ownership provides distinct advantages—outside investors or venture capital firms do not influence corporate decisions. FE founders continue to lead the firm. Our consistency in ownership, leadership, and vision results in continued project success and unparalleled client satisfaction.
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 2
2 Scope of Work
2.1 Project Management Approach
Effective project management is the key to the success of any project. With more than 43 years of project management experience, FE understands that each project is unique, and we customize the approach, solutions, and deliverables to meet each client’s specific needs and project objectives. The City will be assigned its own project manager to lead the implementation effort, independent of the County’s implementation team.
The project manager assigned to the City will lead bi-weekly status calls and document notes from all project meetings, with follow-up discussions as required. He will distribute agendas and goals for each meeting to keep stakeholders informed . Each month, the project manager will distribute a project status report.
FE follows the Project Management Institute's (PMI) best practices and uses PMI’s Project Management Body of Knowledge (PMBOK) methodology to manage project tasks and deliverables.
Several FE project managers are PMI-certified Project Management Professionals (PMP). Our proven project management approach focuses on collaboration, open communications, consensus building, risk mitigation, and a high level of visibility into the ongoing status of the project.
FE will track and manage scope, schedule, and budget to assess whether the vendor, Motorola Solutions, is compliant with the contractual system requirements. FE’s oversight will help support a smooth, orderly transition from the legacy radio system to the new radio system while minimizing downtime. FE will allocate and assign staff as necessary from its pool of resources to support the specific implementation oversight tasks and meet the project schedule.
P
roject Management Deliverable(s):
• Bi-weekly project status meeting (via conference call) • Meeting agenda and notes
• Monthly project status reports
2.2 Tasks to Be Performed
Task 1: Implementation Project Management
Implementation support services take a project from the initiation, planning, and design review phases through installation, testing, and final cutover. FE will review Motorola’s project planning materials and advise the City on our recommendations. This project management methodology will provide the City with the visibility necessary to minimize surprises and create a proactive project management environment.
Our implementation support tasks will align with Motorola’s schedule to provide oversight and management of specific activities. FE will monitor key implementation milestones.
FE will coordinate with the City to determine which of these tasks will be necessary based upon Motorola’s implementation tasks and schedule and the City’s requirements. The following activities are typical of this type of project:
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 3
1. Participate in project status meetings specific to the City’s implementation.
2. Participate in other onsite or remote project meetings as the implementation dictates.
3. Assist in the development of project execution processes as they relate to milestone processing, effective communications across teams, roles and responsibilities, and documentation formats.
4. Review frequency plans and license applications as required.
5. Review system fleet mapping.
6. Maintain an independent punch list of items during implementation activities including issue, responsible party, target date for completion, actual date of completion, and resolution.
7. Assist the City in resolving implementation issues, oversee the punch list development and resolution process for implementation, identify any vendor performance issues, and make appropriate recommendations to the City.
8. Deliver a monthly project status report that reflects the current month’s activities, risks, and achievements, and present a plan for the following month’s activities.
9. Coordinate with the City’s project management personnel.
Task 2: Factory Testing, Equipment Delivery, and Installation Verification
1. Attend factory staging at Motorola’s facility acting as the City’s technical advisor.
2. Conduct an independent inventory of equipment upon delivery to each City site and c
ompare the inventory with the City’s purchase order.
3. Oversee Motorola’s project implementation tasks to assess timely completion and adherence to schedule.
4. Inspect each site to assess whether the equipment installations are in accordance with the specifications, meet good workmanship practices, and are within equipment standards. For the following inspection-related activities as identified in the vendor’s schedule, FE will typically perform the following:
• Review shelter preparation activities to assess whether they have been completed consistent with industry standards and in time for installations. • Assess whether required facility improvements have been made including internal a
nd external grounding.
• Inspect site installations and grounding.
• Inspect the site equipment installation including antenna, transmission line, radio system infrastructure equipment, and microwave equipment. • Witness the final site tests.
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 4
• Review each site’s punch list and determine if it includes deficiencies noted during the site preparation and test verification. Determine if corrective actions have been taken before any punch list items are removed.
Task 3: Coverage and System Testing
FE will participate in the following testing activities as identified in the schedule:
1. FE and the City will mutually define the coverage testing area.
2. FE will accompany Motorola’s testers and witness coverage tests as the City’s representative.
3. FE will review coverage test results and compare them to the requirements of the contract.
4. FE will attend the final system testing and observe test results.
5. FE will provide a memo to the City that identifies coverage and system testing results and any recommendations for Motorola to correct deficiencies in the test documentation.
6. FE will review our independent punch list and Motorola’s punch list and determine if retesting results confirm that the deficiencies have been corrected.
Task 4: System Acceptance and Cutover
1. Prior to system acceptance, FE will review the final cutover plan and identify deficiencies or areas for improvement. FE will assist the City in negotiating final changes to the cutover plan.
2. Final system acceptance will begin after the system tests have been successfully completed and the fully functional system has been delivered. FE will witness acceptance testing activities, assess the test results, and make any necessary recommendations for Motorola to correct deficiencies identified during the testing.
3. Upon completion of system acceptance testing and correction of deficiencies, including punch list and documented items, FE will make a recommendation to the City regarding acceptance of the system and cutover.
4. FE will witness the system cutover to determine if the cutover procedures ar e
ex
ecuted properly and success criteria have been met.
Task 5: Documentation
1. FE will determine if corrections have been made to the final manuals after final system acceptance testing and discrepancies are corrected.
2. FE will review and assess the accuracy of as-built drawings.
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 5
3. FE will review training plans and curricula and make recommendations for modifications as necessary.
Task 6: Decommissioning
FE’s project manager will:
1. Review Motorola’s decommissioning plan and provide feedback.
2. Review the transport, delivery, and inventory records for the decommissioned equ
ipment.
3. Assist the City with the coordination for the removal and disposal of unwanted equipment. The actual disposal of unwanted equipment is not within the scope of this task.
Task 7: Project Closeout
The project closeout consists of a formal review with the project team and Motorola’s project team. FE will attend the review to:
1. Assess acceptance of final project deliverables.
2. Review all punch list items that have been completed and approved.
3. Assess handover process to Motorola’s support team.
2.3 Optional Implementation Services
FE can provide optional services, in addition to the services outlined above, if required by the City, according to the hourly rate schedule.
Optional assignments may consist of any of the following:
• FE may provide technical assistance to the Public Safety Technology Manager or other stakeholders.
• FE may offer informal advice or conduct technical research. • FE may assist in administrative issues such as FCC license modifications or renewals. • FE may interface with City management and radio system users. • FE may perform analyses of radio operations and system/technology utilization and develop improvement recommendations.
• FE may conduct special presentations on select subjects. • FE may provide support in areas such as consulting, operations, engineering, or administration for public safety technology including, but not limited to, LMR, wireless
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 6
broadband, alerts and warning systems, Next Generation 9-1-1, Computer-Aided Dispatch, Records Management System, and 9-1-1 Center services. • FE may perform other tasks as directed by the City’s project manager. • FE may conduct project review meetings or technical seminars. • FE may conduct oral presentations on requested subjects. • FE may generate project plans using Microsoft Project and other software. • FE may generate brief memoranda, reports, or white papers on findings. • FE may participate at meetings to support findings or to discuss assignments.
2.4 M ilestones
FE’s scope of work is based upon a project duration of 15 months from the City’s notice to proceed and milestones will follow the schedule already developed by Motorola.
2.5 Staffing/Organization
FE has made the following staffing assumptions in preparing this proposal; resumes for key personnel are included in the Appendix:
• FE proposes two primary resources to support this project. These individuals are Senior Consultants who will fulfill the roles of Project Manager and Technical Lead. In addition, a Director will oversee this project.
• The FE Director will provide overall project oversight and guidance, participate in conference calls, and attend major milestone meetings.
• The FE Project Manager, Mr. David Mortimer, PMP, will be the City’s project manager and will provide no support to the County’s team. He will provide necessary support to the project, participating in project meetings, project reviews, milestone meetings, and o
nsite events as required.
• The FE Technical Lead will perform the role as a technical advisor to oversee the vendor’s technical integration of the system and provide responses to the vendor’s submittals and change orders. The Technical Lead will perform duties remotely, and travel for key technical milestones.
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 7
3 Cost Proposal
3.1 Firm Fixed Price
The total firm fixed price, including labor, travel, and other direct costs, for the City of Bakersfield, California Project Management and Implementation Oversight project is $263,880.
FE’s proposed price for this project is indicative of the efficiency of our operations, our proven automated tools, our vast experience completing similar projects, and our view of the strategic nature of the City of Bakersfield’s project. Further, it is not our culture to “up-scope” during contract negotiations or during the project, unless the City of Bakersfield adds scope of work beyond that outlined in your RFP.
3.2 Invoicing
FE will submit 15 equal invoices of $17,592 on the first of each month for 15 consecutive months.
3.3 Hourly Rates
If required by City of Bakersfield, FE can provide additional services in accordance with the rate schedule below.
SCHEDULE A
LONG-TERM CONSULTING RATES
Effective January 1, 2026, through December 31, 2027
Director/Chief Consultant $ 300.00 per hour
Senior Consultant $ 250.00 per hour
Consultant $ 215.00 per hour
Senior Analyst $ 180.00 per hour
Analyst $ 135.00 per hour
Administrative Services $ 105.00 per hour
3.4 Basis of Our Proposal
1. This proposal assumes Federal Engineering, Inc. will perform all of the tasks as called out in t
he technical proposal (excluding optional tasks). The deletion of a task, a significant change in scope of one or more tasks, or use of a phased implementation approach may affect the o
verall price.
2. FE will provide draft and final deliverables electronically to the City of Bakersfield, California.
3. This proposal assumes that City’s project manager will schedule meetings, provide meeting facilities, notify attendees, and arrange for onsite visits.
4. Any optional or additional tasking will be authorized by mutual agreement of the City and FE.
Such tasks will be performed on a time and materials basis in accordance with the rates in Schedule A or on a fixed price basis as mutually agreed upon in a task order by the City a
nd FE.
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 8
5. FE’s ability to fulfill this task depends, in part, on the willingness and ability of the City, C
ity participants, equipment vendors, service providers, third parties, and others to provide inf
ormation in a timely manner, and upon the accuracy of the information as supplied. The accuracy of input data, whether provided in electronic or hard copy form, and the recommendations, actions, system designs, and security measures resulting therefrom cannot, therefore, be warranted by FE, nor can FE warrant the performance, suitability, reliability, or cybersecurity of said systems. FE accepts no responsibility or liability to any third party in respect to any information or related work product delivered by FE; and the City shall indemnify FE for any legal expenses, claim, suit, or judgement by a third party.
This information is subjective in certain respects, and, thus, susceptible to multiple interpretations and may need periodic revisions based on actual experience and subsequent developments.
6. FE is prepared to begin this project immediately upon execution of the contract. This proposal is based upon a start date on or before October 1, 2026, and assumes a 15-month schedule. Delays to the project schedule due to actions or lack of actions on the part of the City, City participants, third parties, and others including, but not limited to vendor protests, protracted contract negotiations, vendor delays that impact the program schedul e
w
ill increase the costs to the City will be brought to the attention of the City’s project manager in a timely manner. The schedule impact and cost increases will be reduced to writing via a mutually agreed upon contract amendment.
7. In the event of a project delay by the City, FE reserves the right to invoice for efforts expended towards the completion of a task or deliverable and the City agrees to pay said invo
ice.
8. This proposal assumes a mutually agreeable invoicing schedule for work completed.
9. Federal Engineering reserves the right to assign/reassign work efforts and associated costs across tasks and between our professional staff members in order to meet our contractual obligations to the City.
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 9
4 Appendix: Resumes of Key Personnel
David Mortimer, MBA, PMP , ENP
Project Manager
David Mortimer has 20 years of project management experience and is adept at managing projects from goal setting to planning and completion. He is an expert in processes and best practices of project management and is skilled at proactively managing change s in project scope, identifying potential problems, and devising contingency plans. David is proficient at managing multiple risks and applies excellent communication skills to develop client and partner relationships.
On multiple projects, David has directed all phases of customer engagements, from initiation through completion, including day -to-day operational aspects . He managed budget, schedule, quality, and technical performance of assigned projects, defining project scope, objectives, and deliverables that supported project goals. In addition, he introduced new technology, managed project teams, and communicated project expectations to team members and partners. He also reviewed design drawings and acted as liaison between design engineers and clients.
Areas of Expertise Project Experience
• Project management
• Complex systems management
and implementation
• Engineering
• Process improvement
• Procurement and contract
negotiations
• Risk management
• Strategic planning
State/Regional Experience
• Wisconsin statewide radio implementation
• Nevada statewide radio system implementation
• Puget Sound Emergency Radio Network (PSERN), WA
PSERN network review
• Lower Colorado River Authority, TX 700 MHz licensing
services for Goliad Central, New Braunfels simulcast,
Kerlicks Conrads, and Piney Creek
• Florida SLERS-2 project management FYI 22-26
City/County Experience
• Marin County, CA Emergency Radio Authority (MERA)
implementati
on
• San Mateo County, CA Microwave, LMR project
Management, SME consulting and public safety
infrastructure upgrade
• Tillamook County, OR procurement
• Harrison County, MS LMR consulting
• Mesa, AZ coverage study
• Yuma, AZ spectrum interference study
• Twin Falls, ID coverage study
• Washoe County, NV implementation
• Josephine County, OR coverage/configuration
as
sessment
• Kenosha County, WI public safety radio simulcast
communication tower expansion
• Monroe County, NY emergency management/public
safety planning and technical professional services
Education and Training
• Master of Business Administration,
Syracuse University
• Bachelor of Science, Electrical
Engineering, Brigham Young
U
niversity
• Project Management Professional
(PMP)
• Advanced Master’s Certificate in
Project Management
Professional Organizations
• Project Management Institute
• APCO
• NENA
• IEEE
EXHIBIT A
City of Bakersfield, California
Project Management and Implementation Oversight
Copyright Protected | Do Not Duplicate 10
Rajit Jhaver
Associate Vice President / Director
Mr. Jhaver is responsible for providing consulting services for public safety mission critical voice communications to state and local government customers. His 25 years of experience include designing and implementing communications systems for a major radio vendor as well as independent consultant. His roles include assessing current communications infrastructure and local needs, developing system requirements, and providing design alternatives including cost-benefit analyses for each. Mr. Jhaver has in-depth experience in APCO P25 interoperability standards , and design,
as well as all phases of land mobile radio systems
engineering. He is able to analyze cost/benefits, complete economic analysis for systems , and provide strategic planning for radio administrators.
Areas of Expertise Project Experience
• Network design and Implementation
• Site assessment
• Public safety voice and data
c
ommunications
• Public safety mission critical voice
networks
City/County Experience
• Del Norte County, CA interoperability communications
assessment and plan
• El Dorado Hills, CA Fire Department communications system as
sessment and design
• Z Consulting: Santa Cruz, CA LMR, microwave and
pr
ocurement
• Z Consulting: Lompoc, CA radio on-call technical support • Marin County, CA wireless communications, FCC conventional licensing support and emergency radio authority (MERA)
implementation
• Merced County, CA interoperability communications study, procurement and implementation
• Mono County, CA PSAP consolidation and radio consulting • Monterey County, CA microwave backhaul upgrade
as
sessment and design
• San Diego County, CA mutual aid zones and public safety radio communications consulting
• City and County of San Francisco, CA P25 radio replacement • San Mateo County, CA microwave and LMR project
management, SME consulting and infrastructure upgrade
• Santa Barbara County, CA public safety radio replacement and implementation
• Simi Valley, CA LMR RFP development, procurement, and c
ontract negotiations
• Tuolumne Band of Me-Wuk Indians, CA feasibility study for interoperability communications plan
• Ventura, CA LMR procurement
Education and Training
• M.B.A., Strategy, Finance and
Economics with Honors, University
of Chicago
• B.S., Computer Engineering,
University of Toronto, Ontario
Professional Organizations
• PTIG Board of Directors 2023-
2025
EXHIBIT A
FEDERAL ENGINEERING INC. TERMS & CONDITIONS
1. STATEMENT OF WORK:
1.1 FE will complete the initial work as described in its Proposal Federal Engineering-Bakersfield, CA PRO S -T On -call Tech Support dated August 13, 2026, which is attached and made part of this agreement.
1.2 The Client or FE may, from time to time during the Term of this Agreement, issue additional written Task Orders detailing the services to be delivered under this Agreement specify: (a) the statement of work to be performed; (b) security requirements, if any; (c) the ceiling price or other fee amount, including all charges, expenses, and travel authorizations, if any; and (d) any other applicable instructions. To be valid and deemed to be a Task Order to be performed under this Agreement, approved Task Orders will be executed by both parties and , thereupon, shall be incorporated into this Agreement by reference.
1.3. Except as expressly set forth in the terms of a Task Order signed by both Client and FE, in the event a conflict exists between the terms of a Task Order and the terms of this Agreement, the terms of this Agreement shall control.
2. CLIENT OBLIGATIONS: Nothing herein shall be construed as an obligation of the Client or FE to issue, or to FE to consent to, any additional Task Orders hereunder and the limit of the Client’s and FE’s duties shall extend only to Task Orders as may be approved by Client and FE in accordance with this Agreement . All Task Orders are subject to review and acceptance by FE; acceptance of which shall be provided by FE returning a copy of the fully signed Task Order to Client.
3. COMPENSATION:
3.1. FE will be compensated in accordance with the terms and conditions as described in its Proposal Federal Engineering -Bakersfield, CA PRO S -T On -call Tech Support dated August 13, 2026.
3.2. For any additional fixed-price Task Orders, FE will submit invoices to Client in accordance with the agreed-upon milestone schedule showing the tasks that have been completed.
3.3. For any additional time and materials Task Orders, FE will submit invoices to Client monthly in accordance with FE’s then-current Rates and Terms indicated , a copy of which is set forth and incorporated into the Proposal attached to this Agreement as Schedule A.
3.4. Unless stated otherwise in any Task Order, payment of all invoices shall be due within thirty (30) days of the invoice date . Late balances are subject to a finance charge of 1.5 percent per month or fraction thereof . Any and all taxes, except Federal income taxes, imposed or assessed by reason of this Agreement or its performance, including but not limited to sales or use taxes, will be in addition to the invoiced amounts and shall be paid by the Client.
4. INDEPENDENT CONTRACTOR: FE shall be deemed at all times to be an independent contractor of the Client and shall not be deemed to be an employee, joint venturer, or other nature of partner of the Client. Neither FE nor its personnel shall at any time, or for any purpose, be considered employees or agents of the Client. The Client is hereby contracting with FE for the services described in the approved Task Order(s). FE is not required to perform the services during a fixed hourly or daily time , and if the services are performed at the Client's premises, then FE's time spent at the premises is to be at the discretion of FE, subject to the Client's normal business hours and security requirements. FE hereby confirms to the Client that the Client will not be required to furnish or provide any training to FE to enable FE to perform the services required hereunder. The services shall be performed by FE, and the Client shall not be required to hire, supervise or pay any assistants to help FE perform the services under this Agreement. The management of the work, including but not limited to the order or sequence in which it is performed, shall be under the control of FE, subject to compliance with any approved Task Order(s). Except to the extent that FE’s work must be performed on or with the Client’s computer or the Client’s software, all materials used in providing the services shall be provided by FE. FE shall have and maintain insurance coverages in the normal course of FE’s business and, in addition thereto , FE shall procure any specialized insurance that is specifically called for in writing and expressly set forth in an approved Task Order to this Agreement. The Client understands and agrees that as an independent contractor, FE does not have any authority to sign contracts, notes, or obligations to make purchases, or to acquire or dispose of any property for or on behalf of the Client.
5. WARRANTY: FE hereby warrants to the Client that FE is not under any obligation, contract, or agreement, nor has FE previously executed, any agreement with any third party that would, in any manner, prevent FE from giving, and the Client from receiving, the full benefit of FE’s services as contemplated by this Agreement. FE makes no other warranties, whether written, oral, or implied, including without limitation warranty of fitness for purpose or merchantability. In no event shall FE be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to FE in advance or could have been reasonably foreseen by FE, and in the event this limitation of damages is held unenforceable, then the parties agree that by reason of the difficulty in foreseeing possible damages, all liability to Client shall be limited to One Hundred dollars ($100.00) as liquidated damages and not as a penalty.
6. PROPRIETARY INFORMATION:
6.1. Both parties hereby agree that at all times both during the term of this Agreement and for a period of three (3) years after the End Date, that each party will hold inviolate and keep secret all knowledge, information, data, trade secrets, inventions, and customer lists that have been clearly marked "PROPRIETARY" or ‘CONFIDENTIAL” by the other party. Each party under the terms of this Agreement, will not disclose such information to any competitor, or other individual, corporation, or firm except when authorized to do so by the other party, in writing. Nothing herein shall be construed as to preclude either party from engaging in any occupation or endeavor that will not directly or indirectly involve the proprietary information of the other party.
6.2. Each party’s obligations with respect to handling and using proprietary information of the other party as set forth in Section 6.1, above, are not applicable to: (a) Information that at the time of disclosure is or was either known to the party or disclosed in then-existing literature or patents or is or was in any other way in the public domain; (b) Information that after disclosure becomes known to the party by independent discovery or by casual observation or analysis of information provided by a third party; ( c) Information that after disclosure becomes known to the party from a source other than the other party without breach of any obligation by the disclosing party; ( d) Information that is or has been furnished by the disclosing party to the Government with "unlimited" rights, and (e) Information available in the public domain.
7. RELEASE OF INFORMATION:
7.1 FE shall not make any public release of information in any medium concerning this Agreement without the prior review and approval of the Client.
7.2. Requests for review of any information and/or materials proposed for public release, in any medium whatsoever, shall be submitted in writing to an authorized representative of the Client for approval, which review and approval shall not be unreasonably withheld or delayed.
8. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either party after giving the other party written notice thirty (30) days in advance . Should the Client terminate this Agreement while work is in progress, FE shall, upon receipt of the notice of termination , stop all work as quickly as practical. The Client shall be responsible for all service fees, labor costs and expenses incurred by FE through the date that FE reasonably is able to terminate such work, as well as any demobilization costs.
9. ASSIGNMENT: Neither party shall assign or transfer this Agreement without the written consent of the other party.
10. GOVERNING LAW: This Agreement shall be interpreted , governed by, and construed in accordance with, and the rights of the parties shall be determined under, the laws of the Commonwealth of California without regard to California’s conflict of laws provisions. The Client agrees that the venue for any and all disputes arising under and/or with respect to this Agreement shall be in the courts of Bakersfield, California , or the Superior Court of California, County of Kern ; and the Client hereby consents to the jurisdiction of said courts and waives any defense of forum non-conveniens with respect to said courts.
11. COMPLIANCE WITH APPLICABLE LAWS: Both parties agree to comply with all applicable laws, statutes, and orders of the United States Government and any or political subdivisions thereof now in effect or hereafter enacted, and the same shall be deemed to be incorporated by reference. FE shall be held harmless by the Client for violation of any governmental procurement regulation to which it may be subject but to which specific written reference is not made in this Agreement.
12. SET OFF: The Client acknowledges and further agrees that FE shall have the right to set off, against any amounts which may become due and payable to the Client, any amount which the Client may owe to FE, whether arising under this Agreement or otherwise.
13. MUTUAL HOLD HARMLESS: PROVIDER and CITY do hereby, and for each of their respective officers, officials, agents, employees, volunteers, successors and assigns agree to hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through or by its agents, officers or employees) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage.
14. NON-SOLICITATION: The Client hereby agrees that for the term of this Agreement, and for a period of one (1) year thereafter, the Client shall not directly or indirectly, orally, in writing, or by other method of communication, solicit any employee, agent, or consultant of FE, nor encourage any employee, agent, or consultant of FE, to terminate such employee’s, agent’s, or consultant’s work, business, or other professional relationship with FE.
15. COOPERATIVE PROCUREMENT: This Agreement may be extended to other public agencies and political subdivisions including , but not limited to , Federal, state, county, and local entities, to permit those public entities to purchase in accordance with the pricing, terms, and conditions set forth in this Agreement. Notwithstanding the foregoing in this Section 15, each purchasing public entity will deal directly with FE with regard to the statement of work, order placement, delivery, invoicing, and payment applicable to such public entity . The Client does not accept any responsibility or involvement in the purchase orders or contracts issued by other public entities.
16. WAIVER: The failure of FE to insist on strict performance of any of the terms and conditions hereof shall not constitute a waiver of any other provision of this Agreement.
17. FORCE MAJEURE : FE shall not be responsible for FE’s failure to fulfill its obligations under this Agreement due to causes that are beyond FE’s reasonable control, including, without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, pandemics, riots, wars, terrorist acts , travel restrictions, or any other causes, directly or indirectly beyond FE’s reasonable control, so long as FE is using its best efforts to remedy such failure or delays.
18. CONSTRUCTION: Paragraph numbers and headings used in this Agreement are for convenience only and shall not effect the interpretation of this Agreement. If any term or condition of this Agreement is in conflict with local, state, o r federal law and becomes null and void, the remainder of the Agreement shall survive and remain in effect. If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to the law. This Agreement shall be construed as having been negotiated between the parties and not drafted by a particular party.
19. NO THIRD-PARTY BENEFICIARIES: Notwithstanding anything in this Agreement to the contrary, this Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns , if any, and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gary Hallen, Assistant City Manager
DATE: September 8, 2026
SUBJECT: KernGRIT Land Asset, Manufacturing, and Workforce Strategy (All Wards)
1. Agreement with Newmark Global Strategy (not to exceed $235,000) to develop the KernGRIT Land Asset, Manufacturing, and Workforce Strategy;
2. Amendment No. 1 to Memorandum of Understanding (MOU) 2026-058 to extend the term from September 30, 2026 to April 30, 2027;
RECOMMENDATION:
Staff recommends approval of the Agreement and the Amendment.
BACKGROUND:
The California Jobs First Catalyst Program supports regional activities that advance job creation, workforce development, and sustainable economic growth. Kern Community College District serves as fiscal agent for the Kern Region. In October 2025, the Kern Coalition selected the Kern Growth, Resilience, Innovation, and Technology (KernGRIT) Initiative for funding. Led by Project Development Solutions, Inc. (PDS), KernGRIT is intended to advance clean energy innovation and strengthen the region's competitiveness for business investment.
The City was identified as a KernGRIT subrecipient responsible for implementing portions of the approved scope of work. Under MOU No. 2026-058, effective December 1, 2025, PDS allocated the City a subaward not to exceed $245,000. Funding is provided on a reimbursement basis for allowable direct costs tied to approved deliverables. The City's work will connect industrial land assets and workforce capabilities with clean energy, advanced manufacturing, logistics, and other job-generating industries.
On April 10, 2026, the City issued a Request for Proposals seeking qualified consulting services for an integrated land asset, manufacturing, and workforce strategy. Three proposals were received and scored based on qualifications and experience, project understanding, alignment with the City's vision, approach and methodology, and timeline of milestones. Newmark Global Strategy was identified as the most qualified firm.
Newmark's four -phase scope covers project initiation, a land asset and manufacturing strategy, a workforce assessment, and an implementation roadmap. Drawing on its site selection, workforce development, and prior Bakersfield experience, Newmark will evaluate industrial sites and infrastructure readiness, identify target end -user requirements, assess workforce programs and gaps, engage stakeholders, and develop prioritized recommendations and performance measures. The final strategy will help the City improve site readiness, align workforce investments with target industries, and attract private investment.
Approval of this item will authorize staff and Newmark Global Strategy to begin the study, and extend the term of the MOU 2026-058 between the City of Bakersfield and PDS to allow adequate time to complete the study.
FISCAL IMPACT: The $235,000 agreement will be funded through the California Jobs First Catalyst Program allocation under MOU No. 2026-058. No General Fund impact is anticipated.
COUNCIL GOAL: Economic Opportunity for All
Ward: All
ATTACHMENTS:
1. Agreement for KernGRIT Land Asset, Manufacturing, and Workforce Strategy
2. Amendment No. 1 to Memorandum of Understanding 2026-058
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Newmark & Company Real Estate, Inc. dba Newmark
AGREEMENT NO. __________
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This “INDEPENDENT CONTRACTOR’S AGREEMENT” (“Agreement”) is made and entered into on _______________, 2026, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and NEWMARK & COMPANY REAL ESTATE, INC., a New York corporation authorized to do business in California and doing business as Newmark, (referred to herein as “CONTRACTOR”). CITY and CONTRACTOR may be referred to individually as a “Party” and jointly as the “Parties”.
R E C I T A L S
WHEREAS, the State of California established the California Jobs First Initiative (herein “Initiative Program”)to fund projects that create quality jobs and support long-term economic growth throughout California; and
WHEREAS, Kern Community College District (herein “KCCD”) is responsible for managing Program funding provided to Kern County from the Initiative Program; and
WHEREAS, KCCD, acting as the fiscal agent for the Program, issued a Request for Proposal (herein “RFP”) seeking projects eligible to receive funding through the Initiative Program; and
WHEREAS, Project Development Solutions, Inc. (herein “PDS”), a Kern County-based small business, submitted a proposal titled Kern Growth, Resilience, Innovation, and Technology (herein “KernGRIT”) in response to KCCD’s RFP; and
WHEREAS, the KernGRIT proposal is designed to support economic growth and innovation in Kern County’s agriculture, energy, and advanced manufacturing industries; and
WHEREAS, among other things, KernGRIT includes planning for a business incubator and technology demonstration hub, preparing an agrivoltaics demonstration project, identifying industrial land and infrastructure needs, and developing strategies to prepare the local workforce for jobs in these industries; and
WHEREAS, the KernGRIT proposal identified CITY as a subgrantee responsible for overseeing the development of a Land Asset and Workforce Strategy (herein “Project”); and
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Newmark & Company Real Estate, Inc. dba Newmark
WHEREAS, PDS and CITY entered into Memorandum of Understanding No. 2026-058, in which CITY was allocated funds to complete the Project; and
WHEREAS, the Project will identify and assess properties with potential for business and industrial development, study regional workforce and industry needs, and recommend actions to support business attraction, job creation, and economic growth; and
WHEREAS, rather than perform the work using CITY staff, CITY determined that the Project should be completed by a qualified contractor; and
WHEREAS, CITY issued its RFP seeking a qualified contractor to complete the Project and selected CONTRACTOR to perform the requested services; and
WHEREAS, CONTRACTOR will, at a minimum, assess land and development sites, study market conditions and workforce needs, engage local and regional partners, and prepare the Project as further described herein; and
WHEREAS, CONTRACTOR represents that it has the experience, staff, and qualifications necessary to perform the required services.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK . In exchange for the payment of “ Compensation” (defined below), CONTRACTOR shall complete the Project in accordance with the Scope of Work as set forth in Exhibit “A” attached hereto and incorporated herein by reference (“Scope of Work”) . The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.
2. COMPENSATION/PAYMENT PROCEDURE . Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work (“Compensation”) on a time/material basis in accordance with the hourly rates as shown on Exhibit “A.” CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of- pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $235,000 for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on April 30, 2027.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 Newmark & Company Real Estate, Inc. dba Newmark
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.
5. ACCOUNTING RECORDS . CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder and made available to CITY representatives upon request at any time during regular business hours.
6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of reco very provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
7. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
8. COMPLIANCE WITH ALL LAWS . CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities re lating to or growing out of this Agreement all municipal ordinances and state and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
9. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Newmark & Company Real Estate, Inc. dba Newmark
10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
11. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
12. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
13. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
14. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which referen ce is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
15. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
17. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tri bunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Newmark & Company Real Estate, Inc. dba Newmark
19. INDEPENDENT CONTRACTOR . This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
20. INSURANCE.
20.1 Types and Limits of Insurance . In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
20.1.1 Automobile liability insurance , providing coverage for owned, non -owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage , and personal injury, with limits of not less than $1,000,000 per occurrence.
20.1.2 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage , and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
20.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
20.1.2.2 Provide premises, operations, and mobile
equipment coverage; and
20.1.2.3 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
20.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 Newmark & Company Real Estate, Inc. dba Newmark
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self -insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting
the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees , and designated volunteers.
20.1.4 Professional Liability/Errors and Omissions insurance with limits of not less than $1,000,000 per claim and aggregate.
20.2 General Provisions Applying to All Insurance Types.
20.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
20.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.
20.2.3 The insurance required above, e xcept for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self -insured Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Newmark & Company Real Estate, Inc. dba Newmark
retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
20.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
20.2.5 Full compensation for all premiums which CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of
insurance.
20.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
20.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
21. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
22. KEY PERSONNEL . At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR sha ll not change such personnel without the approval of CITY.
23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Newmark & Company Real Estate, Inc. dba Newmark
corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.
24. MERGER AND MODIFICATION . This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
25. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
26. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed a s follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL NORTH
Attn: Zechariah Garcia
1600 Truxtun Avenue, 5th Floor
Bakersfield, CA 93301
CONTRACTOR: NEWMARK
Attn: Robert J. Hess
125 Park Avenue
New York, NY 10017
With a copy to: NEWMARK
Attn: Legal Department
18501 Von Karman Avenue, Suite 150
Irvine, CA 92612
28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
29. SB 854 COMPLIANCE . To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Newmark & Company Real Estate, Inc. dba Newmark
4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
30. STANDARD OF PERFORMANCE . The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
31. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
32. TAX NUMBERS
CONTRACTOR’s Federal Tax ID Number 13-3640063
CONTRACTOR is a corporation? Yes X No
(Please check one.)
33. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third -party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 Newmark & Company Real Estate, Inc. dba Newmark
34. TITLE TO DOCUMENTS . All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation , become CITY property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD NEWMARK & COMPANY
REAL ESTATE, INC.
By:________________________________ By:_________________________________ KAREN GOH ROBERT J. HESS
Mayor Vice President, Global Strategy
APPROVED AS TO CONTENT:
CITY MANAGER’S OFFICE
By: _______________________________
GARY HALLEN
Assistant City Manager
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney: ___________________________________ Finance Director: ___________________________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit A
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2
Economic Development Consulting
City of Bakersfield:
Kern GRIT Land
Asset, Manufacturing,
and Workforce
Strategy
Prepared For:
City of Bakersfield, CA
May 11, 2026
Prepared By:
Newmark Global Strategy
Exhibit A
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 8 ECONOMIC DEVELOPMENT CONSULTING
Project Approach and Work Schedule
The Newmark team has developed a phased framework that assesses Bakersfield’s industrial property and workforce development opportunities. This approach leads to actionable pathways for local stakeholders to coalesce around, to develop sites and grow the local economy. We describe our project approach below.
Phase 1: Project Kickoff and Existing Conditions Assessment Task 1.1: Pre-Kickoff Meeting (virtual)
The Newmark team will host a virtual pre-kickoff meeting with the Bakersfield team to gain clarity on the scope of work. Key objectives of this meeting include defining Kern GRIT opportunities, identifying the project objectives, understanding how deliverables will be used, and understanding the steering committee composition (if a committee is formed). The Newmark team believes that establishing full alignment prior to the in-person kickoff meeting will be critical in order to ensure the project is delivered on time and meets expectations of all parties involved.
Key goals of the pre-kickoff meeting will include:
1) Team introductions and administrative review (timeline, budget, project management protocol) 2) Develop a responsibilities assignment matrix, such as a RACI (Responsible, Accountable, Consulted, Informed) to ensure clarity on how stakeholders are engaged and interested in deliverables, especially as relates to the Kern GRIT program 3) Review project goals and workplan – define “Kern GRIT opportunity” and expectations for how the Kern Grit opportunties will correlate to each task and deliverable 4) Clarifying the relationship between the city-focused site analysis and countywide workforce development efforts
5) Review Newmark and client expectations and responsibilities (e.g. data sharing, engagement)/ Task 1.2: Kickoff Meeting (in-person)
After completing pre-kickoff activities, the Newmark team will host an in-person kickoff meeting in Bakersfield with the Bakersfield team. This will help orient the project team to the areas of interest, understand relevant workforce patterns, and view potential properties for analysis. The kickoff will include a tour of relevant regions within the City (e.g. Southeast Bakersfield) and an initial review of sites/properties for analysis.
Task 1.3: Information Gathering
Newmark will begin to collect data from regional, county, and city staff to create a comprehensive library of information for the area. This includes relevant past studies, GIS data, tax records, information on future planned developments, etc. The Newmark team will submit an information request to Bakersfield to collect this information.
Phase 2: Land Asset and Manufacturing Strategy
The purpose of this phase is to review Bakersfield’s industrial sites, assess their readiness to support new projects, and identify steps that the City and other stakeholders can take to improve site readiness. This phase will also assess specific sites for their ability to support Kern GRIT opportunities and provide illustrative examples of projects that could locate at select sites.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 9 ECONOMIC DEVELOPMENT CONSULTING
Task 2.1: Define Site Characteristics of Target End-Users Based on City of Bakersfield target industries,
(e.g., clean energy, advanced manufacturing,
logistics) identify 5 – 10 end-user prototypes for
target end-users, such as specific sub-sectors or
industry partners, aligned with clean economy and
job-generating industries.
Develop critical location factors to define industrial land criteria for target end-users; this will be used
as a guide to score the competitiveness of
industrial land. Critical location factors can include
variables such as site size, proximity to utilities, transportation and workforce, zoning, surrounding uses, site geotechnical and environmental considerations.
Task 2.2: Site Inventory & Market Alignment Analysis
Establish clear threshold criteria that sites must meet in order to be evaluated for industrial development, such as having an established willing seller. Conduct a comprehensive review of existing vacant and underutilized industrial land within the City incorporating input from City staff, real estate listings, other local intelligence indicating that there is a willing seller.
Analyze up to 30 industrial sites (potentially comprising multiple contiguous parcels) to assess competitiveness relative to the critical location factors identified in task 2.1.
Task 2.3: Industrial Site Discovery Analysis (i.e. Area Competitiveness & GIS Analysis) Establish clear site criteria (e.g. proximity to inf rastructure, zoning) and exclusions (such as presence of floodplain or wetland areas).
Establish a weighted model for site criteria aligned with critical location factors for target end-users. Run a hexagonal analysis across the City
of Bakersfield to identify areas of industrial
strengths and weakness based on
established criteria. The hexagonal
analysis is used to avoid distorted results
that can be caused by un-equally sized
geographic zones such as zip codes or
census tracts.
Based on hexagonal analysis, identify
Areas of Interest (AOIs) to identify corridors
that could potentially support high value
industrial development.
Create parcel and land use maps to understand ownership, zoning, building square footage and land use of key parcels within each AOI.
Conduct an industrial building to land value ratio to identify parcels that may be underutilized; this analysis will require assessment data by parcel from the City of Bakersfield property records.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 10 ECONOMIC DEVELOPMENT CONSULTING
Task 2.4: Detailed Site Analysis (i.e. Case Model & Infrastructure Readiness Analysis) Overlaying the site inventory completed in
task 2.2 with the Industrial Site Discovery
(ISD) Analysis and underutilized parcel
analysis completed in task 2.3, identify 3 –
4 of the most competitive sites to conduct
a detailed analysis of site readiness and
alignment with target end-user
requirements; at least 2-sites to be located
in Southeast Bakersfield.
Conduct an infrastructure readiness
assessment to determine whether existing
conditions can support targeted end-user site requirements. Develop site summaries and scorecards for 3 – 4 finalist sites.
Task 2.5: Kern GRIT Opportunity Alignment
Develop a matrix of opportunity types and target industries to identify and evaluate at least 20 Kern GRIT related opportunities that could support clean economic development.
Task 2.6: Strategy Development and Final Recommendations Synthesize findings into a comprehensive Land Asset and Manufacturing Strategy Report with the following elements:
Key Findings:
o Target end-user profiles with critical location factors for site selection o Site inventory with information summaries of up to 30 sites analyzed for competitiveness to attract target end-users
o Industrial Site Discovery (ISD) Analysis identifying areas of the City of Bakersfield that are more likely to attract target end-users
o Detailed analysis of 3 – 4 finalist sites, with site summaries and scorecards o Area competitiveness – general observations about development areas in the City of Bakersfield
o Description of GRIT Opportunities
Recommendations:
o At least 10 site competitiveness strategies and policy recommendations to support future needs
o Recommendations to increase site competitiveness for future needs Phase 3: Workforce Assessment
As the Newmark team reviews industrial real estate conditions across Bakersfield, the Newmark team will also review the community’s workforce and workforce training assets to assess their ability to meet the needs of future industrial projects in Bakersfield. This process will include data collection and stakeholder engagement. The data we collect will serve as a foundation for understanding the local workforce ecosystem.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 11 ECONOMIC DEVELOPMENT CONSULTING
Stakeholder engagement will allow the Newmark team to assess program quality and alignment with employer and program participant needs. For this project, we will conduct up to 15 in-person or virtual interviews and three roundtable discussions. The exact list of stakeholders to engage will be determined in partnership between Newmark and the City. The Newmark team expects the Bakersfield team to make introductions to these stakeholders so that discussions may be scheduled. We anticipate that the majority of these discussions will occur in person during our second visit. Prior to the visit, it will be the responsibility of the Bakersfield team to develop an itinerary and secure commitments from stakeholders to show up for interviews and roundtable discussions. For more information on in-person visit expectations, please see “Project Management Approach and Protocols” on page 18.
Task 3.1: Growth Industry Profiles and
Staffing Patterns
The Newmark team will review the
occupational composition of potential growth
industries with consideration to the Kern
GRIT initiative and available sites. The team
will identify critical occupations in these
potential industries to provide context on
each industry’s education requirements and
training needs. The Newmark team will
create a forecast showing job growth in
these industries to show demand for future
occupations.
Task 3.2: Workforce Development
Program Inventory
The Newmark team will conduct an inventory of workforce development service providers and programs in the area. This includes collecting data from higher education institutions, CTE programs, and other workforce training providers. The information collected will include statistics on program completions, targeted populations, credentials offered,
capacity, alignment with industry
needs, and geographic accessibility.
This inventory will serve as a
foundation for subsequent work
tasks.
Task 3.3: Program Gap Analysis
After creating the program
inventory, the Newmark team will
assess whether any gaps exist
between current programming and
the needs of potential growth
industries. Newmark’s assessment
will include quantitative and
qualitative analysis. The team will
first compare industry and
occupation growth projections to
program completion data provided by workforce training providers to identify potential gaps. Newmark will also conduct discussions with key program providers to understand their ability to scale up, add new Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 12 ECONOMIC DEVELOPMENT CONSULTING
programs, or refine current curriculum to meet the needs of future growth industries.
The Newmark team will supplement this data-driven analysis by conducting discussions with representatives from the public and private sectors. These discussions are critical to the outcome of the project and will help identify local gaps and deficiencies in training programs or other roadblocks to meeting future growth needs.
On the public side, the Newmark team will conduct discussions with stakeholders such as Kern High School District, local colleges (Kern Community College, Bakersfield College, California State University Bakersfield, UEI, Cerro Coso, etc.), and other workforce training resources such as Employers’ Training Resources (ETR), America’s Job Center, etc. On the private side, the Newmark team will conduct discussions with major private sector employers in the area to understand local workforce gaps and opportunities.
The Newmark team will bring its own experience to the table and suggest an initial set of stakeholders, but will also rely on the Bakersfield team, which has an insider perspective on who the critical players are in the workforce development ecosystem. After completing these discussions, the Newmark team will identify deficiencies and challenges that may prevent programs for scaling up or prevent institutions from adding new programs needed to meet future demand. Note that Newmark considers this work item to be critical to the success of the project. The Newmark team cannot provide a complete work product without sufficient stakeholder engagement and involvement from the Bakersfield team.
Task 3.3: Worker Outreach and Recruitment Opportunities The Newmark team will work with workforce service providers and other stakeholders to identify any underserved populations and the challenges that they face in interfacing with the local workforce development system. The Newmark team will develop a set of strategies to improve engagement among these populations. The Newmark team will give consideration to the quality of programming as well as wraparound services and how they can help contribute to successful workforce development and upskilling.
Task 3.4: Workforce Transition Analysis
Bakersfield’s economy is undergoing
a significant transition away from
Agriculture and Oil and Gas activities
towards new industries like clean
energy generation and advanced
manufacturing. This transition has
led to job destruction and job
creation. The Newmark team will
conduct discussions with workforce
providers and review the skills
needed by future industries to
identify potential cross training and
transition opportunities for workers in
legacy industries that are forecasted
to contract. The Newmark team will
identify specific occupations that
could be cross-trained and potential
cross-training institutions if they exist in the area.
Phase 3: Deliverables
• Growth Industry Workforce Profile – Identification of key occupations and skillsets in growth industries.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 13 ECONOMIC DEVELOPMENT CONSULTING
• Workforce Development Program Inventory – Inventory and assessment of existing programs, ability to support new industry growth.
• Outreach Opportunities – Demographic groups to focus to improve workforce participation. • Re-skilling/Up-skilling Assessment – Identification of potential up-skill and re-skilling opportunities. • Stakeholder Engagement Summary – Key takeaways from stakeholder discussions.
Phase 4: Recommendations and Implementation Roadmap
The work completed in previous phases will provide a foundation for a strategy and implementation program to promote industrial growth and opportunity in Bakersfield. The purpose of this phase is to distill key findings into a set of actionable recommendations for the community.
Phase 4.1: Strategies and Recommendations
Newmark will identify targeted actions that can be taken by key stakeholders in the community to drive and implement these changes. These recommended proactive measures will be based on realistic and current market opportunities. The recommendations will be segmented into categories that represent their sphere of impact.
Phase 4.2: Implementation Plan & Success Metrics
The implementation plan will outline the required steps for the rollout of each strategic initiative and will
provide suggestions related to responsible party,
priority, timeline, basic implementation steps and
success metrics that can be used for long-term goal
setting. The Newmark team will identify success
metrics (or key performance indicators - KPIs) to
measure progress toward success and
implementation.
Phase 4: Deliverables
• Final Recommendations – Recommendations
for community leaders to implement to position the community for success. • Implementation Plan – Suggested timeline, stakeholders to engage, and methods for measuring progress toward implementation.
• Final Report – Comprehensive document containing all deliverables and recommendations. • Final Presentation – To be delivered to local leadership and stakeholders.
Project Differentiators and Planning for Success
Newmark has a proven track record of delivering actionable economic development consulting work that creates positive economic outcomes. Some of the components that set our work apart from our competition include:
• End-user perspective. All of our projects employ an integrated approach that combines site selection with economic development. This “end-user” perspective helps provide insight to our clients about how business location decision making works, and how communities can effectively communicate with site selectors.
• Site selection leadership. As one of the most credentialed and influential groups in corporate site selection globally, we are bringing industry-leading best practices to the benefit of your project.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 14 ECONOMIC DEVELOPMENT CONSULTING
Newmark has eight members of the Site Selectors Guild, all of whom have the Certified Site Selection Consultant™ (CSSC) credential. Newmark’s Gr egg Wassmansdorf (Senior Managing Director, Global Strategy) was instrumental in developing and trademarking the CSSC credential, as well as launching the REDI Sites program of the Site Selectors Guild as the first national site readiness program. • Custom approach based on client needs. We have developed a customized workplan for this engagement that references our understanding of Bakersfield from past work and our national perspective as site selectors and economic developers. We have traveled the world and seen best practices that can be brought back and adopted in Bakersfield to improve the community’s competitive position with respect to workforce development and site readiness. • Integrated land, manufacturing, and workforce strategy. The proposal connects industrial land readiness, Kern GRIT opportunities, target end-user requirements, and workforce training capacity into one coordinated strategy.
• Advanced GIS and site discovery methodology. The Industrial Site Discovery analysis is a Newmark perfected methodology for new industrial site origination. The hexagonal GIS analysis provides a rigorous and defensible basis for recommendations. • Detailed action plan. For all of our engagements, we create a detailed action plan that spells out steps that our clients and the community can take to improve competitiveness. This includes a description of concrete actions to be taken, identification of responsible parties, prioritization, and timeline to implement. This framework ensures that our clients have the “playbook” they need to execute after our work is complete. In other words, we believe that the end of our work coincides with the beginning of our client’s work. We will ensure the Bakersfield team has the tools and rationales it needs to carry out the recommendations that we leave with the team.
• Direct Bakersfield experience. The team completed the Rosedale Ranch site readiness evaluation and economic development strategy for Bakersfield in 2024, giving Newmark familiarity with local stakeholders, development conditions, strengths, and constraints.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 15 ECONOMIC DEVELOPMENT CONSULTING
Project Timeline
We anticipate completing the project in accordance with the following timeline.
Figure 2. Conceptual Project Timeline
Note: The above timeline is a conceptual timeline. Work tasks and timing may be subject to change. In the event that tasks and timeline change, Newmark will notify the city as soon as possible.
Sep.
123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 Project Status Meetings ✈✈ ✈
Phase 1: Project Kickoff and Existing Conditions Assessment Task 1.1: Pre-Kickoff Meeting
Task 1.2: Kickoff Meeting
Task 1.3: Information Gathering
Phase 2: Land A sset Review
Task 2.1: Define Site Characteristics of Target End-Users Task 2.2: Site Inventory & Market Alignment Analysis
Task 2.3: Industrial Site Discovery Analysis
Task 2.4: Detailed Site Analysis
Task 2.5: Kern GRIT Opportunity Alignment
Task 2.6: Strategy Development and Final Recommendations Phase 3: Workforce Assessment
Task 3.1: Growth Industry Profiles and Staffing Patterns Task 3.2: Program Inventory and Gap Analysis
Task 3.3: Program Gap Analysis
Task 3.4: Workforce Transition Analysis
Phase 4: Recommendations and Implementation Roadmap
Task 4.1: Strategies & Recommendations
Task 4.2: Implementation Plan and Success Metrics
= Holiday
✈ = Newmark team in-market
March AprilOctober November December January February
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 16 ECONOMIC DEVELOPMENT CONSULTING
Cost of Services
Business Arrangements
Based on the proposed scope of work, Newmark estimates a fixed fee of $235,000 including expenses for work that will take approximately seven months to complete. This fee includes 700 hours of consultant work ($210,000) and $25,000 of travel expenses. The fee will be billable in seven equal monthly payments billed at the end of each month beginning in October 2026 as shown below.
Table 1. Monthly Fee Schedule
Date Amount
10/31/26 $33,571.43
11/30/26 $33,571.43
12/31/26 $33,571.43
1/31/27 $33,571.43
2/28/27 $33,571.43
3/31/27 $33,571.43
4/30/27 $33,571.42
Total: $235,000.00
This fee estimate is based on our standard consulting fee schedule listed below.
Table 2. Standard Consulting Fee Schedule
Title Hourly Rate
Vice Chairman $580
Executive Managing Director $530
Senior Managing Director $440
Managing Director $360
Director $280
Associate/Consultant $225
The table below shows estimated professional time by project phase.
Table 3. Total Hours by Phase
Phase Team
Hours
Blended
Hourly Rate
Total
Cost
Phase 1: Project Kickoff and Existing Conditions Assessment 82 $300 $24,600 Phase 2: Land Asset Review 244 $300 $73,200
Phase 3: Workforce Assessment 234 $300 $70,200
Phase 4: Recommendations and Implementation Roadmap 140 $300 $42,000 Total: 700 $210,000
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2
DOCUMENT OR SECTION TITLE
32 ABOUT NEWMARK
For more information
New York Headquarters
125 Park Ave.
New York, NY 10017
t 212-372-2000
nmrk.com
We transform untapped potential
into limitless opportunity.
At Newmark, we don’t just adapt to what our partners need— we adapt to what the future demands.
Since 1929, we’ve faced forward, predicting change and pioneering ideas.
Almost a century later, the same strategic sense and audacious thinking still guide our approach. Today our integrated platform delivers seamlessly connected services tailored to every type of client, from owners to occupiers, investors to founders, and growing startups to leading companies.
Tapping into smart tech and smarter people, Newmark brings ingenuity to every exchange and transparency to every relationship.
We think outside of boxes, buildings and business lines, delivering a global perspective and a nimble approach. From reimagining spaces to engineering solutions, we have the vision to see what’s next and the tenacity to get there first.
Docusign Envelope ID: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2 Certificate Of Completion
Envelope Id: 195CFCC0-2E0D-8AAA-804B-C7D42DD1DAD2
Status: Completed
Subject: Complete with Docusign: Agreement.pdf
Source Envelope:
Document Pages: 21
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
9/9/2026 1:20:45 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Signer Events
Signature
Timestamp
Robert J. Hess
[email protected]
Vice Chairman, GCS
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.127.68.65
Sent: 9/9/2026 1:22:33 PM
Viewed: 9/9/2026 1:51:48 PM
Signed: 9/9/2026 1:52:11 PM
Electronic Record and Signature Disclosure:
Accepted: 11/16/2023 4:30:22 AM
ID: 1c86a9c2-3116-4213-bd77-c78173ac3ae0
Gary Hallen
[email protected]
Assistant City Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 9/9/2026 1:52:12 PM
Resent: 9/9/2026 2:46:12 PM
Resent: 9/9/2026 2:51:17 PM
Viewed: 9/9/2026 6:20:43 PM
Signed: 9/9/2026 6:20:59 PM
Electronic Record and Signature Disclosure:
Accepted: 10/11/2022 8:01:46 AM
ID: 66ae0879-d9f2-4033-b36d-8ce8b2e330c1
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
9/9/2026 1:22:33 PM
Certified Delivered
Security Checked
9/9/2026 6:20:43 PM
Envelope Summary Events
Status
Timestamps
Signing Complete
Security Checked
9/9/2026 6:20:59 PM
Completed
Security Checked
9/9/2026 6:20:59 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Robert J. Hess, Gary Hallen
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bakersfield:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Bakersfield of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bakersfield
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bakersfield
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Evette Roldan, Assistant Water Director
DATE: September 1, 2026
SUBJECT: Design Consultant Agreement with AECOM Technical Services, Inc. (not to exceed $1,105,000) to provide design and engineering services for the McCutchen Sewer Lift Station Rehabilitation Project.
RECOMMENDATION:
Staff recommend approval of agreement.
BACKGROUND:
The City of Bakersfield operates and maintains over 56 sewer lift stations throughout the City. The McCutchen Sewer Lift Station , one of the largest in the system, is located on the southeast corner of Gosford Road and McCutchen Road and is a critical component of the City’s wastewater collection system.
Constructed in 2008 alongside the Treatment Plant Expansion project , this lift station is the final statio n that conveys wastewater from northwestern and southwestern Bakersfield to Wastewater Treatment Plant No. 3 (Plant 3).
On June 25, 2025, City entered into an agreement with AECOM Technical Services, Inc. (AECOM) to conduct preliminary engineering for re habilitation of this station and provide a feasibility study highlighting and prioritizing rehabilitation efforts to help the station run more efficiently and autonomously. Given the proximity to Plant 3 and amount of flow that goes through this site, this project has been a collaborative effort between Public Works and Water Department staff.
Recommended improvements were identified in the June 2026 Feasibility Study (Study) provided by AECOM under the previously executed agreement . The Study evaluated existing conditions at the lift station, identified key deficiencies, and recommended a preferred rehabilitation strategy to restore reliable service, reduce long-term operating costs, and replace and upsize the existing odor control system to address impacts to the neighboring residential area.
To address the issues at the site outlined in the Study and to ensure proper conveyance to Plant 3, the City issued a Request for Proposal to firms already qualified and part of the City’s Library of Consultants.
AECOM was selected to provide design and engineering services for this project due to their familiarity with the site and its challenges, and their proposal was found to be acceptable and favorable to the City.
FISCAL IMPACT:
Sufficient funds are budgeted in the Sewer Enterprise Fund capital improvement program for this agreement, therefore, there is no impact to the General Fund for award of this agreement.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Agreement
2. Exhibit A
AECOM
5001 E. Commercenter Dr., Suite 100
Bakersfield, CA 93309
July 29th , 2026
Fernando Montes, PE
City of Bakersfield
Water Department – Wastewater Division
Subject: 100% Design and Engineering Support during Bidding and Construction of the McCutchen Sewer Lift Station Rehabilitation
Dear Fernando,
AECOM Technical Services, Inc. (AECOM) is pleased to submit this scope of work, fee proposal, and schedule to the City of Bakersfield (City) to rehabilitate the existing sewer lift station located near the intersection of McCutchen Road and Gosford Road.
PROJECT UNDERSTANDING
The City desires to rehabilitate the existing sewer lift station to address existing operational and maintenance issues and increase capacity to accommodate future demand. The AECOM 2026 Feasibility Study (Study) will serve as the basis for advancing the recommended improvements into final design and construction.
Major improvements under consideration include:
Replacement of the five (5) existing lift station pumps with high-efficiency units incorporating current operational and monitoring features. Replacement of the existing odor control system and standby generator. Update electrical and SCADA systems within the electrical room to meet current industry standards and improve system reliability and control.
Replacement of pump room ancillary equipment, including check valves, isolation valves, effluent flow meter, and the bridge crane electric hoist.
In addition to these capacity and reliability improvements, the City seeks to address several operational and maintenance challenges identified in the Study. The existing wet well experiences significant ragging and solids accumulation, requiring routine cleaning and hauling of debris from the 40-foot-deep structure. The Study recommends removing the existing 3-inch manual bar screen and failed motorized sluice gate and installing a modular grinder and mixing pump system to macerate solids and maintain them in suspension, thereby reducing settling within the wet well and improving conveyance through the lift station.
The individual pump intakes are routinely clogged by debris settling whenever the pumps cycle off during normal operation. This condition requires daily cleaning and disassembly of the pump intake manifold and has accelerated wear of the isolation valve and check valve sealing surfaces. To mitigate these issues, the Study recommends installation of a backflush system utilizing treated effluent from Plant 3 to automatically clear settled debris from the pump intakes during pump idle periods.
The Study also recommended several additional facility safety improvements. These improvements include replacing the existing pump room lighting system, which was damaged during previous flooding events, with new LED fixtures. In addition, the Study recommended installing new wet well access hatches with features that comply with current safety standards, including perimeter guardrails with self-closing gates, lockable access hatches, and safety grating systems to enhance worker safety and site security.
Project will not include street improvements, landscaping, site security or changes to the existing building architecture, HVAC, ventilation system, stairways, platforms, site grading, and overflow basin.
AECOM
2 SCOPE OF WORK
TASK 1 – 30% DESIGN PACKAGE
1. Project Kickoff Meeting and Site Visit
During the Kickoff Meeting, AECOM will confirm all aspects of the work to be done and document in the meeting minutes. The minutes will serve as the basis for the work. .
A site visit will be held after the AECOM team has reviewed the As-builts and other requested records. AECOM’s civil/process, electrical, instrumentation, structural task leads will be present.
2. 30% Basis of Design and Equipment Selection Memo
This draft memo will serve as the basis of design and equipment selection. After City reviews and returns comments on the memo, AECOM will host a workshop to receive City’s direction on the recommendations prior to final design. The memo will be finalized at the 60% design stage.
Topics of design include:
Confirmation of design flow rates
Temporary bypass pumping approach required during construction Hydraulic assessment of the lift station and related facilities Evaluation and selection of replacement lift station pumps Mixing pump and modular grinder system design.
Backflush system design for lift station pumps.
Bio-trickling filter odor control system design
Standby generator replacement design
3. Workshop
After City reviews the memo, AECOM will host a workshop to receive City’s comments on the listed recommendations prior to detail design.
4. 30% Design Drawings
AECOM will prepare a preliminary 30% design drawing package illustrating the recommended improvements and establishing the basis for subsequent design development. The drawing package will include preliminary layouts, process flow diagrams, equipment arrangements, piping routing concepts.
The 30% package will be developed by the Civil/Process discipline and is anticipated to consist of approximately 25 sheets, including:
Cover Sheet and Drawing Index
Overall Site Plan, Staging Area, and Survey Control Plan Process Flow Diagrams
Piping Plans & Sections
Equipment Layouts and Elevations
Demolition Site Plans & Details
Temporary Bypass Pumping Layout and Routing
5. Quality Control / Quality Assurance
AECOM will implement its ISO-certified Quality Management System procedures throughout the project. As part of the quality assurance process, project deliverables will undergo independent technical review by qualified engineers who are not directly involved in the project but possess relevant experience in the planning, design, and analysis of wastewater collection, pumping, and treatment facilities. Comments generated through the review process will be addressed prior to submittal to the City.
AECOM
3 Deliverables
AECOM will provide the following deliverables under this task:
30% Design and Equipment Selection Memorandum
30% Design Drawing Package (PDF format)
TASK 2 – 70% DESIGN PACKAGE
AECOM will advance the approved 30% Design Package and incorporate City comments into a more detailed 70% Design Package suitable for review of project configuration, major design elements, equipment arrangements, structural modifications, operational controls, and technical specifications.
1. Comment Review Meeting
AECOM will conduct a review meeting with City staff to discuss comments received on the 30% Design Package and Equipment Selection Memorandum. The purpose of the meeting will be to confirm the City's preferred alternatives, discuss remaining design considerations, and establish directions for advancement of the project.
2. Incorporate City’s Comments & Finalize Basis of Design AECOM will review and incorporate City comments and decisions into the 60% design documents and finalize the Basis of Design.
3. Preliminary Technical Specifications
AECOM will prepare preliminary technical specifications for major project components including civil/process, structural improvements. Specifications will define equipment requirements, materials, installation requirements, testing procedures, and performance criteria. EI&C specifications will also be prepared to address proposed electrical systems, standby power facilities, instrumentation, communications, and control system improvements.
4. Preliminary Opinion of Probable Construction Cost
An Opinion of Probable Construction Cost (OPCC) will be prepared based on the 70% design package to assist the City with project budgeting and funding considerations.
5. Control Narrative / Sequence of Operations
AECOM will prepare a Control Narrative and Sequence of Operations to describe the intended operation of the lift station improvements, including:
Lift station pumps
Grinder & Mixing Pump system
Backflush system
Odor control facilities
Standby generator integration
SCADA monitoring and operator control requirements
6. 70% Design Drawings
The 70% design will be developed by the Civil/Process, EI&C, and Structural disciplines and is expected to also refine drawings developed in the preliminary design. This package will be approximately 60 sheets, which includes:
Piping & Tie-In Sections and Details
Equipment Elevations and Tie-in Details
Equipment Installation & Mounting Details
Foundation Details
Electrical Site Plans and One-Line Diagrams
AECOM
4 Power and Controls Plans
Lighting Plans
SCADA and Network Architecture Diagrams
Process and Instrumentation Diagrams (P&IDs)
7. Quality Assurance / Quality Control
AECOM will implement its ISO-certified Quality Management System and conduct an internal multidisciplinary Quality Assurance/Quality Control (QA/QC) review of the 60% Design Package. The review will be performed by qualified engineers independent of the project team who possess experience in wastewater collection, pumping, treatment, electrical, structural, and controls system design. Review comments will be incorporated prior to submittal to the City.
Deliverables
AECOM will provide the following deliverables under this task:
70% Design Drawing Package (PDF format)
Preliminary Technical Specifications
Preliminary Opinion of Probable Construction Cost.
TASK 3 – 90% DESIGN PACKAGE
AECOM will advance the approved 70% Design Package to the 90% design level and incorporate City review comments into a substantially complete set of contract documents. The purpose of the 90% Design Package is to finalize design details, complete electrical and instrumentation drawings, prepare front-end bidding documents, and provide the City with a near-final set of construction documents for review prior to preparation of the final bid package.
1. Comment Review Meeting
AECOM will conduct a review meeting with City staff to discuss comments received on the 70% Design Package. The meeting will be used to confirm outstanding design decisions, review proposed revisions, and establish directions for preparation of the final contract documents.
2. Incorporate Comments & Finalize Opinion of Probable Cost AECOM will review, address, and incorporate City comments into the 90% Design Package.
The Opinion of Probable Cost will also be finalized.
3. Final Specifications & Contract Documents
AECOM will prepare front-end bidding and contract documents and update the 70% Specifications to a 90% design level. These documents will include applicable City bidding requirements, contract forms, and general project information necessary to support project advertisement and procurement. AECOM assumes City will supply AECOM with City front-end document templates when 70% design begins.
4. 90% Design Drawings
AECOM will refine the 70% drawings and complete the detailed EI&C design. The 90% Design Package is expected to be 70 sheets, including:
Equipment Motor Schematics.
Conduit, Panel, and Lighting Fixture Schedule.
SCADA Control Panel Elevation and Details
Electrical & Instrumentation Details
AECOM
5 5. Quality Control / Quality Assurance
AECOM will implement its ISO-certified Quality Management System procedures throughout development of the 90% Design Package. The design package will undergo an independent multidisciplinary quality assurance and quality control review by qualified senior engineers experienced in wastewater facilities, instrumentation and controls, electrical systems, and structural design. Review comments will be resolved prior to submittal to the City.
Deliverables
AECOM will provide the following deliverables under this task:
90% Design Package (PDF format)
Final Opinion of Probable Cost
TASK 4 – 100% DESIGN & IFB PACKAGE
AECOM will prepare the final Plans, Specifications, and Estimate (PS&E) package suitable for bidding and construction procurement.
1. Final Design Development
AECOM will review comments received on the 90% Design Package and incorporate them into the 100% Design, consisting of complete plans, specifications, and supporting contract documents required for bidding.
2. Issue for Bid Package
AECOM will coordinate with the City regarding the anticipated bid schedule, address review comments, and finalize the 100% Design documents for advertisement to be issued as the Issue for Bid (IFB) Package. A set of hard copy Contract Document will also be prepared and submitted to City for future reproduction.
3. Quality Control / Quality Assurance
AECOM will perform a final independent QA/QC review of all contract documents to verify consistency between drawings, specifications, and bidding requirements prior to issuance.
Deliverables
AECOM will provide the following deliverables under this task:
100% Final Design Package
Issued-for-Bid (IFB) Package (PDF format)
Hardcopy set of Contract Documents
TASK 5 – PROJECT MANAGEMENT AND MEETINGS
AECOM will provide project management services throughout the design of the project.
1. Project Management and Coordination
AECOM will monitor project budget, schedule, staffing, and overall project performance. Project management efforts will include coordination among project disciplines, communication with City staff, monitoring project progress, and tracking action items.
For budgeting purposes, project management assumes approximately one (1) hour per week throughout 12 months of design.
AECOM
6 2. Progress Meetings
AECOM will conduct biweekly project status and coordination meetings with the City Project Manager during the design phase, with up to twenty-six (26) meetings anticipated. Meetings will be conducted via teams with a duration of not more than 1 hour each.
AECOM will prepare meeting agendas and summaries for distribution following each meeting.
Deliverables
AECOM will provide the following deliverables under this task:
Meeting agendas and summaries
TASK 6 – BID SUPPORT SERVICES
AECOM will provide engineering support services during the bidding phase to assist the City with procurement of construction services.
1. Pre-Bid Conference
AECOM will attend one (1) pre-bid conference
2. Respond to Bidder Requests for Information (RFIs)
AECOM will respond up to thirty (30) RFI’s
3. Prepare Supporting Documentation for Addenda
AECOM will assist City preparing documents for up to 2 addendums
4. Prepare Issue for Construction Package
Following bid award, AECOM will incorporate addenda revisions into the contract drawings and prepare a conformed Issued-for-Construction (IFC) drawing set.
Deliverables
AECOM will provide the following deliverables under this task:
Attendance at one (1) pre-bid conference
Responses to bidder RFIs (up to 10)
Supporting documentation for up to two (2) addenda
Issued-for-Construction Drawing Package
TASK 7 – CONSTRUCTION PHASE SERVICES
AECOM will provide engineering support services during construction to assist the City with implementation of the project and interpretation of the contract documents.
1. Pre-Construction Conference
AECOM will attend one (1) pre-construction conference
2. Respond to Requests for Information (RFIs)
AECOM will respond up to eighty (80) RFI’s
3. Review Submittals
AECOM will review up to one hundred (100) shop drawings, product data, and equipment information submittal or resubmittal.
AECOM
7 4. Assist City with Change Orders
AECOM will assist with evaluation and preparation of up to eight (8) change orders.
5. Provide Final Walkthrough and Punchlist
AECOM will participate in the final project walkthrough, document incomplete or corrective work items, and amend these items to punch list.
6. Prepare Record Drawings
AECOM will prepare a set of record drawings using contractor-provided record information and marked-up contract documents
7. Monitor Project Budget and Schedule during Construction AECOM will monitor their budget and schedule over the course of 18 months of construction.
Deliverables
AECOM will provide the following deliverables under this task:
RFI and submittal review documentation.
Support preparation of change orders
Punch List mark-up
One (1) Record Drawing Package (PDF format).
ASSUMPTIONS & EXCLUSIONS
1. All City-provided data are assumed accurate and complete.
2. City Front-end Documents and AECOM CSI formatted technical specifications will be used
3. Geotechnical Investigation, including material & soils testing, are excluded from the scope.
4. Assumed City will provide the Geotechnical Investigation of the site
5. Flow monitoring and utility location services are excluded from the scope
6. City will mark buried utilities, coordinate with utility company, and conduct potholing as needed
7. It is assumed that the Contractor shall provide an acceptable submittal by the second submission.
8. Stormwater Pollution Prevention Plan preparation is the Contractor’s responsibility and is excluded from AECOM scope.
9. Punchlist & Final Job walk: One visit assumed; Contractor to provide the Punchlist.
10. Preparation of multiple bid packages or additional project phases is excluded from the scope.
11. Coordination efforts and filing of applications with utility companies, potholing or permitting agencies are excluded from the scope.
12. Unless otherwise stated, meetings are to be virtually via phone or MS Teams.
13. One signed hard copy of the plans and specifications will be provided.
14. Backflush system will utilize pre-manufactured water storage tank without a shade structure; tank height may exceed existing site fencing height.
15. Bridge crane structure is assumed to be in working condition. Scope to inspect or certify Bridge Crane structure is not included. We will include in the design only replace the motorized hoist in kind.
AECOM
8 SCHEDULE AND AVAILABILITY
AECOM is available to commence work upon written authorization to proceed. AECOM proposes to complete the work in accordance with the schedule estimate identified below. AECOM will discuss the schedule with the City during the kickoff meeting and will adjust accordingly.
TASK DURATION* MONTHS ELAPSED
(since Project Start)
Kickoff Meeting /Site Visit 1 Week from Notice to Proceed - 30% Design & Equipment Memo 4 months after Kick-off 4
30% Design Package Complete 2 months after 30% Design Memo 6 70% Design Package Complete 3 months after 30% Design Review meeting 9 90% Design Package Complete 2 months after 70% Design Review meeting 11 100% Design Package Complete 1 month after 90% Design Review meeting 12 *Schedule assumes City returns review comments in 2 weeks after receipt of deliverable.
FEE
The estimated fee for the defined scope is proposed on a time and material fee, not‑to‑exceed basis, unless prior written approval is obtained for additional services. Refer to the attached budget estimate workbook for further detail. AECOM’s fee is based on the labor rates established in the 2025 Library of Consultants Agreement with the City.
Task 1 – 30% Design $ 269,665
Task 2 – 70% Design $ 345,690
Task 3 – 90% Design $ 93,030
Task 4 – 100% Design & IFB Package $ 17,625
Task 5 – Project Management & Meetings $ 33,360
Subtotal (Design) $ 759,360
Task 6 – Bid Support Services $ 39,160
Task 7 – Construction Phase Services $ 306,480
Subtotal (Construction) $ 345,640
Total $ 1,105,000
We look forward to working with the Water Department on this important Project.
Yours sincerely,
Patrick Tsang, PE Dan Cronquist, PE, PLS
Project Manager Principal Engineer
Staffing Plan
Budget
City of Bakersfield
McCutchen Lift Station Rehabilitation
Project
Principal Engineer IIIPrincipal Engineer IIPrincipal Engineer ISenior Engineer IIISenior Engineer IISenior Engineer IProject Engineer VProject Engineer IVProject Engineer IIIProject Engineer IIDesign/CADD SupervisorSr. Designer /CADD OprDesigner/ CADD Total HoursLaborOther Direct CostTotalHourly Rate - $350 $325 $300 $275 $250 $225 $200 $175 $150 $125 $200 $175 $150 Task 1 - 30% Design
1 Project Kick-off and Site Visit 11 11 11 8 8 1 8 1 59 16,475$ 330$ 16,805$ 2 30% Basis of Design & Equipment Selection Memo38 1 18 50 164 34 5 58 176 8 552 119,975$ 2,400 $ 122,375$ 3 Workshop 3 3 3 9 2,025$ 40 $ 2,065$
4 30% Design Drawings (~25 sheets) 3 1 4 32 51 4 8 334 25 147 10 66 685 120,700$ 2,410 $ 123,110$ 5 Quality Control / Quality Assurance 8 8 16 5,200 $ 100$ 5,300$ Subtotal 60 13 41 93 226 39 5 66 521 34 147 10 66 1,321 $ 264,375 $ 5,280 269,655$ Task 2 - 70% Design
1 Comment Review Meeting (Assume 1 hour) 1 2 3 775$ 20$ 795$ 2 Incorporate City's Comments & Finalize Basis of Design1 1 4 12 40 8 16 82 14,750$ 300 $ 15,050$ 3 Preliminary Technical Specifications 4 20 4 24 24 24 48 24 40 3 215 42,800$ 860 $ 43,660$ 4 Preliminary Opinion of Probable Cost 1 1 1 24 8 40 1 1 77 15,900$ 320 $ 16,220$ 5 Control Narrative / Sequence of Operations 16 8 80 1 105 25,725$ 510 $ 26,235$ 6 70% Design Drawings ( ~60 sheets) 21 72 0 17 83 88 148 116 112 35 102 268 128 1190 233,550$ 4,670$ 238,220$ 7 Quality Control / Quality Assurance 8 8 16 5,400 $ 110$ 5,510$ Subtotal 51 101 2 50 137 192 172 164 216 77 114 268 144 1,688 $ 338,900 $ 6,790 345,690$ Task 3 – 90% Design
1 Comment Review Meeting (Assume 1 hour) 1 2 3 775$ 20$ 795$ 2 Incorporate Comments & Finalize Opinion of Probable Cost1 1 1 4 8 40 12 67 12,475$ 250 $ 12,725$ 3 Final Specifications & Contract Documents 8 20 48 48 124 20,400$ 410 $ 20,810$ 4 90% Design Drawings (~70 sheets) 14 4 22 50 60 10 64 70 294 56,200$ 1,120$ 57,320$ 5 Quality Control / Quality Assurance 2 2 4 1,350$ 30 $ 1,380$ Subtotal 17 3 1 17 52 50 - 60 88 58 12 64 70 492 $ 91,200 $ 1,830 93,030$ Task 4 – 100% Design & IFB Package
1 Final Design Development 1 1 1 3 6 16 9 36 73 12,900$ 260 $ 13,160$ 2 Prepare Issue For Bid Package 1 4 16 4 25 4,075$ 80 $ 4,155$ 3 Quality Control / Quality Assurance 1 1 300 $ 10$ 310$ Subtotal 1 1 2 4 10 - - - 16 16 13 - 36 99 $ 17,275 $ 350 17,625$ Task 5 - Project Management & Meetings
1 Project Management and Coordination
(Assume 1 hr./wk. over the course of 12 months) 52 12 64 15,800$ 320 $ 16,120$ 2 Progress Meetings (Up to 26) 26 26 26 78 16,900 $ 340 $ 17,240$ Subtotal - - - 78 26 - - - - 38 - - - 142 $ 32,700 $ 660 33,360$ Task 6 - Bid Support Phase Services
1 Pre-Bid Conference 2 2 1 5 1,175$ 20$ 1,195$ 2 Respond to Bidder RFIs (up to 30) 15 15 30 45 105 18,375$ 370$ 18,745$ 3 Prepare Supporting Documentation for Addenda (Up to 2)1 1 1 1 8 8 20 16 2 16 74 14,100$ 280$ 14,380$ 4 Prepare Issue for Construction Package 2 4 1 4 16 27 4,375 $ 465$ 4,840$ Subtotal 1 1 1 18 25 10 20 - 20 34 4 - 77 211 $ 38,025 $ 1,135 39,160$ Task 7 - Construction Phase Services
1 Pre-Construction Conference 2 2 1 5 1,175 $ 20$ 1,195$ 2 Respond to RFI (up to 80) 4 2 2 60 60 80 120 328 62,150$ 1,240$ 63,390$ 3 Review Submittals (Up to 100) 10 100 100 90 100 200 600 110,750$ 2,220$ 112,970$ 4 Assist City with Change Orders (up to 8) 4 4 4 60 80 8 64 160 384 78,200$ 1,560$ 79,760$ 5 Provide Final Walkthrough and Punchlist 1 4 8 8 4 8 33 7,200$ 250$ 7,450$ 6 Prepare Record Drawings 1 4 8 1 20 80 114 18,725$ 820$ 19,545$ 7 Monitor Project Budget and Schedule during Construction (Assume 1 hr./wk. over the course of 18 months) 78 78 21,450$ 720 $ 22,170$ Subtotal 8 6 8 218 250 108 94 100 16 290 84 - 360 1,542 $ 299,650 $ 6,830 306,480$ Total 138 125 55 478 726 399 291 390 877 547 374 342 753 5,495 $ 1,082,125 $ 22,875 1,105,000$ Personnel Hours
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip W. Burns, Development Services Director
DATE: August 28, 2026
SUBJECT: Common Use Agreement between the City of Bakersfield and Pacific Gas & Electric Company for construction over existing pipeline within Tract 6880 Phase 2.
The City of Bakersfield is requesting to enter into a common use agreement with Pacific Gas & Electric Company to allow the construction of a road over an existing large high-pressure gas pipeline within proposed Tract 6880 Phase 2 (Ward 5).
RECOMMENDATION:
Staff recommend approval of the Common Use Agreement.
BACKGROUND:
Millrose Properties California, LLC, will be entering into an improvement agreement with the City of Bakersfield for the construction of public improvements associated with Tract 6880 Phase 2. A key part of these improvements is the construction of Blackwater Valley 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 sewer line will be bonded for by the developer and they will pay all required fees to Union Pacific Railroad for processing this common use agreement.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Tract 6880-2 - Consent To Common Use Agreement
Consent to Common Use Agreement (Rev. 4/2015)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: City/Uninc
Recording Fee $
Document Transfer Tax $
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
LD# 2230-27-11503
(SPACE ABOVE FOR RECORDER'S USE ONLY)
AGREEMENT
CONSENT TO COMMON USE AGREEMENT
THIS CONSENT TO COMMON USE AGREEMENT, hereinafter called “Agreement”, entered into this day of, 2026, by and
between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called ”PG&E”, and the CITY OF BAKERSFIELD, hereinafter called "Agency",
RECITALS
A. PG&E is the owner in possession of certain rights of way and easements, hereinafter referred to as "PG&E's easement", described as follows:
Easement deed signed by Dick Fanucchi and Rose Fanucchi, husband and wife, and recorded in Book 2081, Page 225; May 15, 1953; Kern County Recorder; Land Document No. 2230-27-0235.
Easement deed signed by Capital Company, a California Corporation, and recorded in Book 2098, Page 182; June 30, 1953; Kern County Recorder; Land Document No. 2230-27-0237.
B. Agency has acquired certain rights-of-way for PUBLIC ROAD PURPOSES in the vicinity of Bakersfield, County of Kern, hereinafter referred to as "Agency right of way".
C. The Agency right of way occupies a portion of PG&E's easement and is subject to PG&E’s easement, which said portion is hereinafter referred to as "Area of Common Use" and is described as follows:
The area designated "Area of Common Use" upon the print of EXHIBIT A, attached hereto and made a part hereof.
NOW, THEREFORE, PG&E and Agency hereby mutually agree as follows:
1. PG&E hereby consents to the construction, reconstruction, maintenance or use by Agency of BLACKWATER VALLEY DRIVE, over, along and upon PG&E's easement in the Area of Common Use subject to PG&E's easement and right to use said Area of Common Use for all of the purposes for which PG&E's easement was acquired and to the terms and conditions herein contained. PG&E does not by this consent and shall not be deemed to subordinate its rights in the Area of Common Use to and use which Agency shall make of said area.
2. Agency acknowledges PG&E’s title to PG&E’s easement in said Area of Common Use and the priority of PG&E’s title over the title of Agency therein. PG&E 2 has and reserves the right and easement to use, in common with the public’s use of Agency’s right of way, said Area of Common Use for all of the purposes for which PG&E’s easement was acquired, without need for any further permit or permission from Agency. Except in emergencies, PG&E shall give reasonable notice to Agency before performing any work on PG&E’s facilities in said Area of Common Use where such work will be performed in, on or over the traveled way or improved shoulders of said Agency right of way or obstruct traffic. PG&E shall make adequate provisions for the protection of the traveling public.
3. In the event that the future use of said Agency right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of PG&E’s facilities then existing in said Area of Common Use, the Agency shall notify PG&E in writing of such necessity and agree to reimburse PG&E on demand for its costs incurred in complying with such notice. PG&E will provide Agency with plans of its proposed rearrangement and an estimate of the cost thereof and, upon approval of such plans by Agency and the execution of a relocation contract, PG&E will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. PG&E shall make adequate provisions for the protection of the traveling public. No further permit or permission from Agency for such rearrangement shall be required and if such rearrangement shall require relocation of any of PG&E’s facilities outside of said Area of Common Use, Agency will (1) enter into PG&E’s standard form of Joint Use Agreement covering the new location of PG&E’s easement within the Agency’s right of way, (2) provide executed document(s) granting to PG&E good and sufficient easement(s) outside of the Agency’s right of way if necessary to replace PG&E’s easement or any part thereof, and (3) reimburse PG&E for any costs it may be required to expend to acquire such easement, provided it is mutually agreed in writing that PG&E shall acquire such easement.
3 4. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of PG&E's easement or the priority thereof over the title of Agency in said Area of Common Use. Both Agency and PG&E shall use said Area of Common Use in such manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which PG&E or Agency may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either Agency or PG&E in such a manner as to cause an unreasonable interference with the use of said Area of Common Use by the other party.
5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties.
The parties have caused this Agreement to be executed by their respective duly authorized officials.
4 CITY OF BAKERSFIELD
KAREN GOH
Mayor
Print Name: JONATHAN LOCKHART
Title: Supervisor, Land Rights
PACIFIC GAS AND ELECTRIC COMPANY
(Signatures on Following Page)
DO NOT HAVE STAND ALONE SIGNATURE PAGE
5 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
county of Alameda________
On 1before me,DaVld Lee Notary Public,
* I Insert name
personally appeared ~’ __ __
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature o\Notary Public
Individual r oneself/themselves
CAPA TY CLAIMED BY SIGNER
WITNESS my hand and official seal.
r
V*
CD
<
i
DAVID LEE |
COMM # 2449228 c_
NOTARY PUBLIC'CALIFORNIA>
ALAMEDA COUNTY J"
MY COMMISSION EXPIRES .
JUNE 5. 2027 I
(Seal)
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partnerfs) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
APPROVED as to content:
DEVELOPMENT SERVICES DEPARTMENT
By:
PHILLIP BURNS
Development Services Director
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Insura nce/Surety:
COUNTERSIGNED:
By:
RANDY MCKEEGAN
Finance Director
6 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of)
On , before me,Notary Public,
Insert name
personally appeared
--- - 5
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of)
On, before me,Notary Public,
Insert name
personally appeared
________________________________________________________________________________________________ __> who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of)
On, before me,Notary Public,
Insert name
personally appeared
------------------------------------------------------------------------------------------------------------------------------------------------- - --- --------------------------------------1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of)
On, before me,Notary Public,
Insert name
personally appeared
----------------------------------------------------------------------------------------------------------------------------------------------------------------- - ------------------------------- 3 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partners) of the above named Partnership(s)
[ ] Attomey(s)-in-Fact of the above named Principal(s)
[ ] Other
Attach to LD: 2230-27-11503
Area, Region or Location: 5
Land Service Office: Bakersfield
Line of Business: Gas Transmission (52)
Business Doc Type: Agreements
MTRSQ: 22.30.27.29.24, 22.30.27.29.23
FERC License Number: N/A
PG&E Drawing Number: B-4361 Sh.1
Plat No.: N/A
LD of Affected Documents: 2230-27-0235, 2230-27-0237
LD of Cross Referenced Documents: None
Type of interest: Consent to Common Use (62)
SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: N/A
JCN: N/A
County: Kern
Utility Notice Number: N/A
851 Approval Application No: ;Decision: N/A
Prepared By: VXFH
Checked By: L1N1
Approved By: L1N1
Revised by:
7 EXHIBIT A
8 ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Ashley Zambrano, Deputy City Attorney
DATE: September 10, 2026
SUBJECT: Amendment No. 10 to Agreement No. 03-310 for employment of Virginia Gennaro as City Attorney for the City of Bakersfield.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
Since the Chief Assistant City Attorney will become the next City Attorney, the contract for the current City Attorney no longer requires a 90 day lead time prior to resignation. Therefore, this small modification as directed by Council return the required time to 30 days.
FISCAL IMPACT:
The action to amend the agreement has no fiscal impact but only changes one condition of the agreement.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Agreement No. 03-310(10)
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: September 1, 2026
SUBJECT: Amendment No. 1 to Agreement No. 2024 -143 with Clifford and Brown ($100,000; revised not to exceed $200,000)
to provide outside legal services in the matter of Ana Hernandez, et al v. City of Bakersfield.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On June 12, 2024, the City entered into Agreement No. 2024-143 with Clifford & Brown in an amount not to exceed $100,000 for legal representation in Ana Hernandez, et al v. City of Bakersfield, et al.
At this time, the City Attorney’s Office requests that we amend the contract to add additional compensation of $100,000. This Amendment No. 1 to Agreement No. 2024-143 will result in a total Not to Exceed amount of $200,000. The case has settled and the amendment is needed to bring this matter to a closure.
FISCAL IMPACT:
The services to extend this contract are to be paid within th e Fiscal Year 2026 -27 budget of the City Attorney’s office.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Agreement
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: September 2, 2026
SUBJECT: Amendment No. 2 to Agreement No. 2024-308 with Community Action Partnership of Kern (CAPK)
to extend the Term of the Agreement to September 30, 2027, for HOME-ARP Supportive Services for Coordinated Entry System.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
The HOME Investment Partnership American Rescue Plan Program (HOME-ARP) provides funding to HOME participating jurisdictions to reduce homelessness and increase housing stability. In September 2021, the Department of Housing and Urban Development (HUD) conditionally allocated $5,458,039 to the City of Bakersfield in HOME-ARP funds and provided guidelines on the requirements to prepare and submit an Allocation Plan.
On November 20, 2024, the City of Bakersfield entered into Agreement 2024-308 with Community Action Partnership of Kern (CAPK), in which the City granted $247,852 in HOME-ARP funds to deliver Coordinated Entry System (CES) services as proposed in the Allocation Plan. CES assists with creating an immediate response plan for unsheltered clients and increases access to temporary housing options and applies the whole person care service model.
On November 19, 2025, the City approved Amendment No. 1 to Agreement No. 2024-308 to extend the Term of the Agreement to September 30, 2026. However, CAPK has experienced significant staffing turnover, which has resulted in delays in HOME-ARP spending. Therefore, the parties now desire to amend Agreement No. 2024-308 to extend the term to September 30, 2027, to allow for CAPK to successfully expend the remaining HOME-ARP funds.
FISCAL IMPACT:
This action is to extend the Term of the Agreement to perform services using HOME-ARP grant funding; therefore, there is no impact to the General Fund.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENT:
Amendment
Docusign Envelope ID: DE4BB295-657D-853A-83F8-AB2B90E5A188 Docusign Envelope ID: DE4BB295-657D-853A-83F8-AB2B90E5A188
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost
DATE: September 2, 2026
SUBJECT: Amendment No. 2 to Agreement No. 2023-267 with ImageTrend, LLC (increase compensation by $478,997; revised not to exceed $895,000 and extend the term an additional three (3) years) for continued software services for the Fire Department.
RECOMMENDATION:
Staff recommend approval of this agreement.
BACKGROUND:
On November 29, 2023, the city entered into Agreement 2023 -267 with lmageTrend, LLC to acquire ImageTrend software and training resources. This software enables the integration of existing Emergency Medical Services (EMS) systems, streamlining the preparation of reports required by the state of California for the Bakersfield Fire Department.
The city is putting Agreement No. 2 2023-267 before the Council to request an amendment to Agreement No. 2023-267 to extend the term for an additional three (3) years and combine all software and services into one agreement and align all the terms. This amendment increases compensation by $479,997.00 with the NEW total not to exceed an amount of $895,000.00
FISCAL IMPACT:
The action to amend this agreement will be funded in the Fiscal Year 2026-27 Fire Department budget, it will only use the CUPA Operating Budget which are fee’s collected not through the City’s General Fund.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
1. Amended Agreement
AGREEMENT NO. __________________
AMENDMENT NO. [2] TO
AGREEMENT NO. 2023-267
This AMENDMENT NO. 2 TO AGREEMENT NO. 2023-267 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and IMAGETREND LLC a limited liability company authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on November 29, 2023, CITY and CONTRACTOR entered into Agreement No. 2023-267 for a three (3) year term with a total not to exceed amount of $401,353.00 for the purchase of ImageTrend software and training resources to integrate into CITY’s existing Emergency Medical Services (EMS) system, which will assist with the reports the Bakersfield Fire Department has to prepare for the state of California; and
WHEREAS, on July 15, 2024, CITY and CONTRACTOR entered into Agreement No. TS24-022 with a total not to exceed amount of $10,000.00 for the purchase of TeleStaff Distribution software to connect Bakersfield Fire Department’s workforce and scheduling systems directly into the ImageTrend platform; and
WHEREAS, on January 8, 2025, CITY and CONTRACTOR amended Agreement No. 2023-267 to increase the total compensation by $14,650 .00 to allow for the addition of ImageTrend’s Permit Module to create, track and complete records for fire permits as set forth in Exhibit D attached hereto; and
WHEREAS, the parties desire to amend Agreement No. 2023-267 for a second time to extend the term an additional thr ee (3) years and combine all software and services into one agreement subject to and in accordance with the ImageTrend Order Form attached hereto as Exhibit E; and
WHEREAS, Bakersfield Fire Department and CONTRACTOR have agreed to further amend Agreement No. 2023 -267 to extend the term an additional three (3) years, increasing compensation by $478, 997.00 and combining all software and services into one agreement,
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
Docusign Envelope ID: 4538196C-2738-8E38-81A2-1E5B592EBD45
1. Section 1 of Agreement No. 2023-267 entitled “SCOPE OF WORK ” is hereby amended to read as follows:
1. SCOPE OF WORK . In exchange for the Compensation
(defined below), CONTRACTOR shall perform the following: provide to CITY various ImageTrend EMS software and onsite training of said software as described in Exhibit A attached hereto; implementation and access to the Permits module as described in Exhibit D attached hereto; continued access to Staffing Solution Integration formerly know n as Telestaff Distribution as described in Exhibit E attached hereto; above subscriptions/ services are subject to the additional terms set forth in Exhibit B (“Service Level Agreement”) and Exhibit C (“Software Licensing Terms”), each attached hereto (collectively, the “Scope of Work”) . The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.
2. Section 2 of Agreement N o. 2023-267 entitled “COMPENSATION” is hereby amended to read as follows:
2. COMPENSATION/PAYMENT PROCEDURE . Subject to the
conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):
A total lump sum payment not to exceed Eight Hundred Ninety-Four Thousand, One Hundred Ninety -Three Dollars and Thirty -Nine Cents ($868,881.17) made in six (6) annual installments in accordance with the costs and fees set forth in Exhibits A, Exhibit D and Exhibit E as follows:
$147,088.25 December 2023
$115,558.13 December 2024
$128,044.40 December 2025
$148,741.91 December 2026
$159,153.85 December 2027
$170,294.63 December 2028
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The
Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR . In order to align subscription term dates, the Parties acknowledge and agree that CITY’s use and payment shall Docusign Envelope ID: 4538196C-2738-8E38-81A2-1E5B592EBD45
be prorated for December 2026, which shall not exceed the amount set forth above . In no case will CITY compensate CONTRACTOR more than Eight Hundred Ninety -Five Thousand Dollars ($895,000.00) for performing the Scope of Work.
3. Section 3 of Agreement No. 2023-267 entitled “ TERM” is hereby amended to read as follows:
3. TERM. Unless Master Agreement is terminated or this
Agreement is terminated sooner, as set forth herein, this Agreement shall terminate on December 30, 2029.
4. Except as amended herein, all provisions of Agreement No. 2023-267 shall remain in full force and effect.
-- o0o –
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2023-267 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD IMAGETREND LLC
By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:
TECHNOLOGY SERVICES DEPARTMENT
Attachments:
Exhibit E- ImageTrend Order Form
By:____________________________
GREGORY PRONOVOST
Technology Services Director
APPROVED AS TO FORM: COUNTERSIGNED:
(Deputy) City Attorney:_______________________ Finance Director: _____________________
ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Docusign Envelope ID: 4538196C-2738-8E38-81A2-1E5B592EBD45 CFO
John Wolfenden
1/3 Business Private
ORDER FORM
Prepared For: Bill To:
Chad Burton
Bakersfield Fire Department (CA)
2101 H ST, Bakersfield, California, United States,
93301-3921
[email protected]
Bakersfield Fire Department (CA)
2101 H ST, Bakersfield, California, United States,
93301-3921
Salesperson Quote Number Order Form
Date
Daniel Schultz
Senior Customer Success Manager
Q-19243 03-09-2026
Contract Effective Date Contract Term (Months)
12-31-2026 36
Description Qty Fee Type Unit Price Subscription
Start Date
Subscription
End Date Total
Permits 1 Recurring $7,728.08 12-31-2026 12-30-2029 $7,728.08 Continuum® EMS
Content Package
1 Recurring $14,700.52 12-31-2026 12-30-2029 $14,700.52 Continuum® 1 Recurring $29,401.03 12-31-2026 12-30-2029 $29,401.03 Upgrade EMS + Fire
RMS to Rescue - SaaS
Additional Annual
1 Recurring $58,799.92 12-31-2026 12-30-2029 $58,799.92 Staffing Solution
Integration
FKA Telestaff
Distribution
1 Recurring $4,007.15 12-31-2026 12-30-2029 $4,007.15
Mobile Fire Inspections
- SaaS
1 Recurring $12,250.43 12-31-2026 12-30-2029 $12,250.43 CAD Distribution 1 Recurring $4,704.17 12-31-2026 12-30-2029 $4,704.17 Agency Level Validation
Fire
1 Recurring $2,450.09 12-31-2026 12-30-2029 $2,450.09
Continuum® Fire
Content Package
1 Recurring $14,700.52 12-31-2026 12-30-2029 $14,700.52 Total Net Price $148,741.91
EXHIBIT E
Docusign Envelope ID: 4538196C-2738-8E38-81A2-1E5B592EBD45 2/3 Business Private
Total Year 1: $148,741.91
Total Recurring: $148,741.91
Total One time: $0.00
Y
ear Over Year Pricing
Item Name YR 1 Cost YR 1
Uplift YR 2 Cost YR 2
Uplift YR 3 Cost YR 3
Uplift
Permits $7,728.08 7% $8,269.05 7% $8,847.88 7%
Continuum® EMS Content Package $14,700.52 7% $15,729.56 7% $16,830.63 7% Continuum® $29,401.03 7% $31,459.10 7% $33,661.24 7%
Upgrade EMS + Fire RMS to Rescue - SaaS
Additional Annual
$58,799.92 7% $62,915.91 7% $67,320.03 7%
Staffing Solution Integration $4,007.15 7% $4,287.65 7% $4,587.79 7% Mobile Fire Inspections - SaaS $12,250.43 7% $13,107.96 7% $14,025.52 7% CAD Distribution $4,704.17 7% $5,033.46 7% $5,385.80 7% Agency Level Validation Fire $2,450.09 7% $2,621.60 7% $2,805.11 7% Continuum® Fire Content Package $14,700.52 7% $15,729.56 7% $16,830.63 7% $159,153.85 $170,294.63
Incident Volume
Category Incidents
Elite 19,841
This Order Form is subject to the terms of the Master Subscription Agreement located at http://www.imagetrend.com/legal/msa unless there is a separate agreement between Bakersfield Fire Department (CA) and ImageTrend.
This proposal is valid for 90 days from the date listed above.
A
dditional Terms:
• Recurring fees will be invoiced annually in advance, beginning on the Effective Date, unless Customer provides notice of cancellation in accordance with the MSA, no less than sixty (60) d
ays prior to the end of a Subscription Term.
• Payments terms are Net 30, due after receipt of an invoice. • Recurring fees are subject to price increases each year following the first year of the Subscription Term, and will not exceed 7% of the then-current price in any given year. • Any terms not defined herein shall have the same meaning as defined in the Master S
ubscription Agreement.
• The Subscription Term for any Services added by Customer after the beginning of the then- current Subscription Term will be coterminous with the then-current Subscription Term for
EXHIBIT E
Docusign Envelope ID: 4538196C-2738-8E38-81A2-1E5B592EBD45 3/3 Business Private
existing Services.
ImageTrend
Name
Title
Signature
Date
Bakersfield Fire Department (CA)
Name
Title
S
ignature
Date
EXHIBIT E
Docusign Envelope ID: 4538196C-2738-8E38-81A2-1E5B592EBD45 Certificate Of Completion
Envelope Id: 4538196C-2738-8E38-81A2-1E5B592EBD45
Status: Completed
Subject: Complete with Docusign: ImageTrend Amendment 2 - FINAL.pdf, Bakersfield COI 2026-2027.pdf Source Envelope:
Document Pages: 12
Signatures: 2
Envelope Originator:
Certificate Pages: 5
Initials: 1
City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
8/6/2026 1:45:55 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Signer Events
Signature
Timestamp
John Wolfenden
[email protected]
CFO
ImageTrend
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 152.37.100.238
Sent: 8/7/2026 5:19:19 AM
Viewed: 8/7/2026 5:56:17 AM
Signed: 8/7/2026 5:56:26 AM
Electronic Record and Signature Disclosure:
Accepted: 8/7/2026 5:56:17 AM
ID: 34c7003e-fdae-474a-bcfe-7068d2114939
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: 8/7/2026 5:56:28 AM
Viewed: 8/7/2026 7:46:41 AM
Signed: 8/7/2026 7:46:51 AM
Electronic Record and Signature Disclosure:
Accepted: 8/7/2026 7:46:41 AM
ID: 05a264a4-cf29-4c19-9ed0-e98c4e305f6f
Jena Covey
[email protected]
RISK MANAGER
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 8/7/2026 7:46:53 AM
Viewed: 8/7/2026 7:54:50 AM
Signed: 8/7/2026 8:07:02 AM
Electronic Record and Signature Disclosure:
Accepted: 8/7/2026 7:54:50 AM
ID: b319226e-98e9-4367-ae2f-ddda7ed16eec
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Kayla Kimmes
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/7/2026 5:19:20 AM
Electronic Record and Signature Disclosure:
Accepted: 8/7/2026 5:17:35 AM
ID: a3b2f476-ef22-424a-80e5-307a9d329c86
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
8/6/2026 1:49:32 PM
Certified Delivered
Security Checked
8/7/2026 7:54:50 AM
Signing Complete
Security Checked
8/7/2026 8:07:02 AM
Completed
Security Checked
8/7/2026 8:07:02 AM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: John Wolfenden, Gregory Pronovost, Jena Covey, Kayla Kimmes Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bakersfield:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Bakersfield of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bakersfield
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bakersfield
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.
ADMINISTRATIVE REPORT
MEETING DATE: September 16, 2026 AGENDA CATEGORY: Consent -Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: September 2, 2026
SUBJECT: Amendment No. 2 to Agreement No. 2025-067 with CivicPlus, LLC (revised $24,404.86; not to exceed $170,000.00) to include monthly Virtual Webmaster services .
RECOMMENDATION:
Staff recommends approval of this amendment.
BACKGROUND:
The City of Bakersfield (City) and CivicPlus, LLC entered into Agreement No. 2025-067 on May 14, 2025, in the amount of $218,290.95 with a term ending on June 9, 2028 , to provide a subscription of website development, professional consulting/ training services and annual services for hosting, maintenance, and support. The C ity now wishes to amend Agreement No. 2025 -067 to add monthly Virtual Webmaster services.
The total compensation has been adjusted to a lump sum payment of $ 159,765.23 made in three (3) annual installments:
$42,937.47 for 2025-2026
$57,279.80 for 2026-2027
$59,547.96 for 2027-2028
This is a $24,404.86 increase in total compensation with a new not to exceed amount of $170,000.00.
FISCAL IMPACT:
Funds for this subscription are allocated in the Fiscal Year 2026-27 budget in the equipment fund.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Amended Agreement
2. Summary
AGREEMENT NO. __________________
AMENDMENT NO. [2] TO
AGREEMENT NO. 2025-067
This AMENDMENT NO. 2 TO AGREEMENT NO. 2025-067 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and CIVICPLUS, LLC a limited liability company authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, CITY and CONTRACTOR entered into Agreement No. 2025-067 on May 14, 2025 in the amount of Tw o Hundred Eighteen Thousand, Two Hundred Ninety Dollars and Ninety -Five Cents ($218,290.95) with a term ending on June 9, 2028 to provide a subscription of website development, professional consulting/ training services and annual services for hosting, maintenance, and support; and
WHEREAS, CITY and CONTRACTOR amended Agreement No. 2025-067 on February 11, 2026, to terminate all services and subscriptions outlined in Exhibit B, deleting all references thereto and decrea sing the total compensation to One Hundred Thirty-Five Thousand, Three Hundred Sixty Dollars and Thirty-Seven Cents ($135,360.37); and
WHEREAS, the parties desire to amend Agreement No. 2025-067 for a second time to provide the CITY with monthly Virtual Webmaster services subject to and in accordance with the CivicPlus Quote No. Q-128068-1 attached hereto as the new Exhibit B; and
WHEREAS, CITY and CONTRACTOR have agreed t o further amend Agreement No. 2025 -067 to increase compensation by Twenty -Four Thousand, Four Hundred Four Dollars and Eighty-Six Cents ($ 24,404.86) to provide CITY up to ten (10) hours per month of Website Virtual Webmaster Services per the new Exhibit B attached hereto.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 1 of Agreement No. 2025-067 entitled “ Scope of Work ” is hereby amended to read as follows:
1. SCOPE OF WORK. In exchange for the Compensation
(defined below), CONTRACTOR shall perform the following annual design, management, and ma intenance to CITY website over a Docusign Envelope ID: 3C3E42A3-0952-825B-8284-A4D390D5098C
three-year period (2025-2028) as outlined in Exhibit A; provide CITY up to ten (10) hours per month of Website Virtual Webmaster Services as outlined in Exhibit B (“Scope of Work”) . The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.
2. Section 2 of Agreement No. 2025-067 entitled “ Compensation/ Payment Procedure” is hereby amended to read as follows:
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the
conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):
A total, lump sum payment of $ 159,765.23 made in
three (3) installments after the Scope of Work is
completed to CITY’s satisfaction per Exhibit A and
Exhibit B, such satisfaction not to be unreasonably
withheld or delayed, which is attached hereto and
incorporated by reference as follows:
• $42,937.47 for 2025-2026
• $57,279.80 for 2026-2027
• $59,547.96 for 2027-2028
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The
Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $170,000.00 for performing the Scope of Work.
3. Section 3 of Agreement No. 2025-067 entitled “ Term” is hereby amended to read as follows:
3. TERM. Unless terminated sooner, as set forth in Exhibit A and Exhibit B, this Agreement shall terminate on June 9, 2028.
4. Except as amended herein, all provisions of Agreement No. 2025- 067 shall remain in full force and effect.
-- o0o –
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 3C3E42A3-0952-825B-8284-A4D390D5098C
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2025-067 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD CIVICPLUS, LLC
By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________
Title:_______________________________
APPROVED AS TO CONTENT:
TECHNOLOGY SERVICES DEPARTMENT
By:____________________________
GREGORY PRONOVOST
Director of Technology Services
APPROVED AS TO FORM: COUNTERSIGNED:
Deputy City Attorney II:_______________________ Finance Director: _____________________
ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit B: CivicPlus Quote No. Q-128068-1
Docusign Envelope ID: 3C3E42A3-0952-825B-8284-A4D390D5098C SVP of Customer Success
Amy Vikander
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-128068-1
CivicPlus Pricing
Approval Date:
6/22/2026 11:36 AM
Expires On: 7/30/2026
Client:
City of Bakersfield, CA
Bill To:
BAKERSFIELD CITY, CALIFORNIA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Jake Andrade (858)
762-3733
[email protected] Net 30
Recurring Service(s)
QTY PRODUCT NAME DESCRIPTION 12 Month
Value
2.00 Website Virtual Webmaster
Annual Fee
Virtual Webmaster Annual Fee - 5 hours per month USD
12,209.40
List Price - Initial Term Total USD 13,141.68
Total Investment - Prorated Year 1 USD 11,827.51
Annual Recurring Services (Subject to Uplift) USD 12,209.40 Total Days of Quote:353
Initial Term Beginning at signing and ending 6/9/2027,
Renewal Term 6/10 each calendar year
Initial Term Invoice Schedule 100% invoiced at signing, to be prorated based on signature date.
The Annual Recurring Services subscription fee for the Products (as described above) included in this SOW are prorated and co-termed to align with the Client’s current billing schedule and the Annual Recurring Services amount will subsequently be added to Client's Term and regularly scheduled annual invoices under the terms of the Agreement.
This Statement of Work ("SOW") shall be subject to the terms and conditions of Master Services Agreement signed by and between the Parties and the applicable Solutions and Services Terms and Conditions located at: https:// www.civicplus.help/docs/civicplus-legal-stuff (collective, the "Agreement"). By signing this SOW, Client expressly agrees to the terms and conditions of the Agreement, as though set forth herein.