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05/10/17 CC AGENDA PACKET
Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Arturo Gonzalez v. City of Bakersfield US DC Case No. 1: 1 6-CV-00 1 07-J LT. 5. CLOSED SESSION ACTION 6. ADJOURNMENT 05110/17 CC A GENDA PACKET PG 1 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 4/27/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). STAFF RECOMMENDATION: BACKGROUND: 05110/17 CC AGENDA PACKET PG 2 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Closed Session 4. b. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 4/27/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Arturo Gonzalez v. City of Bakersfield USDC Case No. 1:1 6-CV-001 07-JLT. STAFF RECOMMENDATION: BACKGROUND: 05110/17 CC A GENDA PACKET PG 3 BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY % 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Pastor Saul Gonzalez, Life House Church/lglesia CasaVida. 3. PLEDGE OF ALLEGIANCE by Colbie Sawyer, 3rd grade student at Rio Bravo Greeley Elementary School. 4. PRESENTATIONS a. Presentation of a Certificate of Appreciation by Mayor Goh to Susie and Jim Marchesini, property owners of 5901 Cedar Falls, Yard of the QuarterAward recipients. b. Distinguished Budget Presentation Award presented by Mayor Goh to Assistant City Manager Chris Huot, representing the City Manager's Office. C. Presentation of a Proclamation by Mayor Goh to Alan Tandy, City Manager, declaring May 7-13, 2017, Public Service Recognition Week in Bakersfield. d. Presentation of a Proclamation by Mayor Goh to David Lyman, Visit Bakersfield Manager, declaring May 7-13, 2017, Travel and Tourism Week in Bakersfield. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Fiscal Year 2017-18 Proposed Budget Overview. 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the April 19, 2017 Regular City Council Meetings. 05110/17 CC AGENDA PACKET PG 4 Payments: b. Receive and file department payments from April 7, 2017, to April 27, 2017, in the amount of $18,458,363.50, Self- Insurance payments from April 7, 2017, to April 27, 2017, in the amount of $738,684.64, totaling $19,197,048.14. Ordinances: Resolutions: C. Resolution in opposition to Assembly Bill 199. d. Resolution determining that wellhead treatment facilities, piping, engineering service, construction services, and other ancillary support services cannot be reasonably obtained through the usual bidding procedures, and authorizing the Finance Director to dispense with bidding thereof and enter into contracts to purchase necessary equipment and procure engineering and construction services for large-scale TCP Mitigation Project. e. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. Ward 4 f. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 673 located along the west side of Calloway Drive, approximately 530 feet north of Brimhall Road. A finding that the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3) will also be considered. Ward 7 9. Resolution approving an application to the Kern County Local Agency Formation Commission to annex inhabited territory into the City identified as Dennen No. 2, Annexation No. 677, located generally north of Panama Lane and west of Highway 99. A finding that the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3) will also be considered. Ward 6 h. Resolution dispensing with bidding procedures due to emergency repairs for the digester gas flare at Wastewater Treatment Plant No. 3 and authorizing Crider Construction, Inc. to provide parts, services, and equipment necessary to repair digester gas flare, not to exceed $80,000. Resolution determining that Bioxide@, a proprietary chemical 05110/17 CC A GEN PACKET PG 5 for sewer odor control and reduction of sulfide gas levels, cannot be reasonable obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $900,000. Ward 2 j. Bakersfield Amtrak Railway: 1. Resolution dispensing with bidding procedures due to urgent necessity to replace and repair section of City- owned Amtrak railway ties and authorizing RailWorks Track Services, Inc. to replace and repair railway ties and Burlington Northern and Santa Fe Railway (BNSF) to provide signal support and train control (not to exceed $140,000). 2. Appropriate $37,000 Transportation Development Act Article 4 funds to the Public Works Department's Operating Budget within the Amtrak Operating Fund. Ward 2 k. Resolution to add Area 4-165 (NEC of 24th Street & K Street) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report. Ward(s) 3, 4, 6 I. Resolutions of Intention (ROI) adding the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1923 adding Area 1-117 (Renfro Rd. & Santa Fe Way) — Ward 4 2. ROI No. 1924 adding Area 2-67 (SWC of New Stine Rd. & Sundale Ave.) — Ward 6 3. ROI No. 1925 adding Area 4-166 (Mt. Vernon Ave. & Mail View Rd.) — Ward 3 Agreements: M. Agreement with Brown Armstrong Accountancy Corporation ($51,300) for a full scope annual audit of Fiscal Year 2016-17. Ward 6 n. Agreement with Solenis LLC ($430,000) to provide dewatering polymer for Wastewater Treatment Plant No. 3. 0. Agreement with Greater Bakersfield Legal Assistance, Inc. (GBLA) ($100,000) to provide fair housing services. Ward 6 P. Construction of sewer line improvements in Ashe Road south of Taft Hwy/S R 119: 1. Planned Sewer Area Reimbursement Agreement with MG3 Partners, LLC (not to exceed $785,679) for construction of said sewer line improvements. 2. Appropriate $785,679 from Curnow Planned Sewer 05110/17 CC AGENDA PACKET PG 6 Area Developer Deposits to the Public Works Department's Capital Improvement budget within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3) to reimburse developer for actual construction costs, not to exceed $785,679. q. Amendment No. 1 to Agreement No. CA1 6-001 with Clifford & Brown ($60,000) to provide outside legal services in the matter of Bjorneboe v. City of Bakersfield. r. Amendment No. 3 to Agreement No. 15-036 with San Joaquin Fence and Supply ($125,000; revised not to exceed $822,790.75) for the supply of fencing. Ward 2 S. Contract Change Order No. 1 to Agreement No. 17-023 with Interior Demolition ($19,817.78; revised not to exceed $113,144.78) for the Demolition of Improvements along 24th Street: 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street, and 2401 Cedar Street. Ward(s) 3, 4 t. Contract Change Order No. 113 to Agreement No. 15-009 with Teichert Construction ($27,046.19; revised not to exceed $19,366,097.69; Change Orders funded with Gas Tax Funds) for the Rosedale Highway Widening Project. Property Acquisition Agreements -TRIP: L__ M U. Purchase of Four Door Police Sedans: 1. Accept bid from Jim Burke Ford, Bakersfield ($931,356.61) for 41 replacement four door police special sedans for the Police Department. 2. Appropriate $80,584 Equipment Fund Balance to the Public Works Department's Operating Budget to fund the amount of purchase costs recovered through fleet rental rates for six total loss vehicles. 3. Transfer and appropriate $122,416 Self-Insurance Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to fund the amount of purchase costs to be paid by the Self- Insurance fund for the six total loss vehicles. Miscellaneous: Successor Agency Business: V. Receive and file Successor Agency payments from April 7, 2017, to April 27, 2017, in the amount of $1,422.20. 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of 05110/17 CC A GEN PACKET PG 7 items. 10. HEARINGS a. Budget and Finance Committee Report regarding Fiscal Year 2017-18 Community Development Block Grant (CDBG - $3,260,214), HOME Investment Partnerships (HOME - $1,117,081), Housing Opportunities for Persons with HIV/AIDS (HOPWA - $384,538), and Emergency Solutions Grant (ESG — $287,896) Action Plan submittal (Total - $5,049,729). Staff recommends acceptance of the report, and authorization for the City Manager to execute all documents required to submit the Annual Action Plan. 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 05110/17 CC A GENDA PACKET PG 8 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Goh DATE: 3/1/2017 111-11 V 03 SUBJECT: Presentation of a Certificate of Appreciation by Mayor Goh to Susie and Jim Marchesini, property owners of 5901 Cedar Falls, Yard of the QuarterAward recipients. STAFF RECOMMENDATION: BACKGROUND: 05110/17 CC AGENDA PACKET PG 9 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Mayor Goh DATE: 3/1/2017 111-11 V 03 SUBJECT: Distinguished Budget Presentation Award presented by Mayor Goh to Assistant City Manager Chris Huot, representing the City Manager's Office. STAFF RECOMMENDATION: BACKGROUND: 05110/17 CC AGENDA PACKET PG 10 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Presentation 4. c. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 3/29/2017 111-11 V 03 SUBJECT: Presentation of a Proclamation by Mayor Goh to Alan Tandy, City Manager, declaring May 7-13, 2017, Public Service Recognition Week in Bakersfield. STAFF RECOMMENDATION: BACKGROUND: 05110/17 CC AGENDA PACKET PG 11 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Presentations 4. d. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 3/22/2017 111-11 N 03 SUBJECT: Presentation of a Proclamation by Mayor Goh to David Lyman, Visit Bakersfield Manager, declaring May 7-13, 2017, Travel and Tourism Week in Bakersfield. STAFF RECOMMENDATION: BACKGROUND: 05110/17 CC AGENDA PACKET PG 12 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 111-11 V 03 SUBJECT: Fiscal Year 2017-18 Proposed Budget Overview. STAFF RECOMMENDATION: BACKGROUND: Staff from the City Manager's Office will provide an overview of the Fiscal Year 2017-18 Proposed Budget. ATTACHMENTS: Description D PoweirP6int Piresentadon Type Piresentadon 05110117 CC AGENDA PACKET PG 13 1 'A CONFLICT OF INTEREST ABSTENTIONS City Council Meeting Date: a Directions: If you have a conflict with an item on the Consent Calendar say: Due to conflicts, I, Councilmember 60-9 :!54A jL& , will abstain from one or more Consent Calendar agenda items. My vote to approve the Consent Calendar will only apply to those items for which I have not abstained. I am abstaining from the following Consent Calendar Agenda item (s): Agenda Item Fs The proposed action may have a financial effect on real property in which I have ,[ an economic interest. The proposed action may have an economic effect on my personal finances or the personal finances of my immediate family. The proposed action may have a financial effect on a business entity in which I have a financial interest. A person or entity involved in the proposed action is a source of income to me, my immediate family, or my employer. A person or entity involved in the proposed action is a source of gifts to me or my immediate family. Directions: If you have a conflict with a Non -Consent Calendar Item say: I, Councilmember to the following conflicts: will abstain from the following Agenda Items) due Agenda Item Vs The proposed action may have a financial effect on real property in which I have an economic interest. The proposed action may have an economic effect on my personal finances or the personal finances of my immediate family. The proposed action may have a financial effect on a business entity in which I have a financial interest. A person or entity involved in the proposed action is a source of income to me, my immediate family, or my employer. A person or entity involved in the proposed action is a source of gifts to me or my immediate family. I, hereby, affirm that I have identified each of the conflicts above on the record during the Council meeting noted above. Councilmember Signature After announcing your abstention, please give this form to the Clerk. SACOUNCILWisc\Abstention Form 201 S.docx i All !c 05110/17 CC AGED DA PA CKET PG 2 6 r%oov 4' 4 • 4 05110/17 CC AGED DA PA CKET PG 2 6 m ii ....................... ri m ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Chris Gerry, Acting City Clerk DATE: 2/16/2017 111-11 V 03 SUBJECT: Approval of minutes of the April 19, 2017 Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Wrldes Type BackU IMateir4� 05110/17 CC AGENDA PACKET PG 58 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 19, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera (seated at 5:00 p.m.), Gonzales, Weir, Sullivan (seated at 3:35 p.m.), Parlier Absent: None Mayor Goh acknowledged students from California State University Bakersfield and Bakersfield College, in attendance at the meeting to learn about City government. Assistant City Clerk Drimakis announced a memorandum was received from the City Attorney, requesting Closed Session item 4.d. be removed from the agenda. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. 2017 Council Goals Adoption. City Manager Tandy made staff comments. Management Assistant Blaschke made additional staff comments and provided a PowerPoint presentation. ACTION TAKEN Motion by Councilmember Weir to approve the 2017 City Council Goals document. APPROVED AB RIVERA 05110/17 CC AGEN A PACKET FAG 59 4. Bakersfield, California, April 19, 2017 – Page 2 CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Leticia Delarosa, et al. v. City of Bakersfield, Kern County Superior Court Case No. BCV -1 5- 1 001 99, DRL. b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). C. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding North Kern Water Storage District, et al. v. City of Bakersfield, Tulare County Superior Court Case No. VCU268399 (consolidated with VC U 13-251535, VC U 13- 251748, and VC U 13- 251598). d. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). Motion by Vice -Mayor Smith to adjourn to Closed Session at 3:42 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 5:14 p.m. Meeting reconvened at 5:17 p.m. 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Leticia Delarosa, et al. v. City of Bakersfield, Kern County Superior Court Case No. BCV -1 5- 1 001 99, DRL. b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). ACTION TAKEN APPROVED AB RIVERA APPROVED STAFF WAS GIVEN DIRECTION NO REPORTABLE ACTION 05110/17 CC AGEN A PACKET FAG 6 5. 6. Bakersfield, California, April 19, 2017 - Page 3 CLOSED SESSION ACTION continued C. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding North Kern Water Storage District, et al. v. City of Bakersfield, Tulare County Superior Court Case No. VCU268399 (consolidated with VC U 13-251535, VC U 13- 251748, and VC U 13- 251598). d. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). ADJOURNMENT Mayor Goh adjourned the Closed Session meeting at 5:18 p.m. REGULAR MEETING -5:20 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir (seated at 5:22 p.m.), Sullivan, Parlier Absent: None Mayor Goh acknowledged the following people in attendance at the meeting to learn about City government: ASB students from Eissler Elementary School; Mr. Nicholas Sukut, 6t" grade teacher at Eissler Elementary School; and students from Bakersfield College and California State University Bakersfield. 2. INVOCATION by Pastor Andy Prince, Grace Baptist Church. 3. PLEDGE OF ALLEGIANCE by Natalie Shaffer, 6t" grade student and ASB Secretary at Eissler Elementary School. ACTION TAKEN NO REPORTABLE ACTION REMOVED BY STAFF 05110/17 CC AGEN A PACKET FAG 61 Bakersfield, California, April 19, 2017 - Page 4 4. PRESENTATIONS ACTION TAKEN a. Presentation of a Proclamation by Mayor Goh to Carlos Bello, Chairman of the Asthma Coalition of Kern County, declaring May, 2017, Asthma Awareness Month. Mr. Bello accepted the Proclamation and made comments. b. Presentation of a Proclamation by Mayor Goh to Mark Roy, Managing Attorney, Greater Bakersfield Legal Assistance Fair Housing Law Project, declaring April 2017, Fair Housing Month. Mr. Roy accepted the Proclamation and made comments. C. Presentation of a Proclamation by Mayor Goh to Shannon Vernon, Garden Pathways Director of Childhood Education, declaring April 24 -28, 2017, Week of the Young Child. Ms. Vernon accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Marvin Dean, representing the Kern Minority Contractors Association, invited the City Council and staff to attend a transportation forum, on Friday, April 21, 2017, at the Bakersfield Marriott Hotel, to discuss SB -1, a transportation funding bill; and submitted written material. b. Mona Sidhu expressed concern regarding statements made about hate crimes in Bakersfield. C. David Dooley, President of Advancing Parenting, a local non - profit organization, explained that their organization provides window decals for vehicles and businesses with parenting tips; requested the City Council consider placing these parenting tips on City vehicles; and submitted written material. 05110/17 CC AGEN A PACKET FAG 62 Bakersfield, California, April 19, 2017 - Page 5 5. PUBLIC STATEMENTS continued ACTION TAKEN d. David Lyman, Manager of Visit Bakersfield, spoke regarding a collaborative effort with the Arts Council of Kern, on a walking tour of downtown public art called "Art Trek "; the brochure was funded by a grant from the Bakersfield Californian Foundation and will appear at Bakersfield hotel and attractions, including the Amtrak Station, art galleries, the Arts Council of Kern, Visit Bakersfield, and online at www .visitbakersfield.com /arttrek. 6. WORKSHOPS a. Presentation by California Water Service Company (Cal Water) regarding authority to establish its Authorized Cost of Capital Filing with the California Public Utilities Commission. Assistant City Manager Teglia made staff comments. Greg Milleman, Director of Operations for California Water Service Company, and Mike Mares, Bakersfield District Manager, made comments and provided a PowerPoint presentation. Councilmember Rivera requested staff provide information regarding the possibility of an intervention. Motion by Councilmember Weir to direct staff to APPROVED take the necessary steps to intervene in California Water Service Company's application with the California Public Utilities Commission (CPUQ. 7. APPOINTMENTS a. One appointment to the Planning Commission due to the expiration of term of Oscar Rudnick (Ward 3), whose term expires April 30, 2017. 05110117 CC A EN A PACKET FAG 63 Bakersfield, California, April 19, 2017 - Page 6 7. APPOINTMENTS continued ACTION TAKEN ITEM 7.a. CONTINUED Assistant City Clerk Drimakis announced applications were received from the following individuals: Adam Cohen; Brady Bernhardt; Clarence Cryer; Houston Ursery; Jenifer Pitcher; Michael Caves; Oscar Rudnick; Scott Hanson; and Timothy Bergeron. Motion by Councilmember Weir to re- appoint APPROVED Oscar Rudnick to a four -year term on the Planning Commission, term expiring April 30, 2021. b. One appointment to the Historic Preservation Commission due to the expiration of term of Brady Bernhart, whose term expired March 30, 2017. Assistant City Clerk Drimakis announced applications were received from Brady Bernhardt and Timothy Bergeron (ballots were used). Ward 1 Bernhardt Ward 2 Bernhardt Ward 3 Bernhardt Ward 4 Bernhardt Ward 5 ------- - - - - -- Ward 6 Bernhardt Ward 7 Bergeron Motion by Vice -Mayor Smith to re- appoint APPROVED Brady Bernhardt to a three -year term on the Historic Preservation Commission, term expiring March 30, 2020. C. Appointment of an Alternate Committee Member to the Keep Bakersfield Beautiful Committee (Ward 7), to fill a vacant position with a term to expire December 2018. Motion by Councilmember Parlier to appoint APPROVED Manpreet Kaur to the Keep Bakersfield Beautiful Committee, term expiring December 2018. 05110117 CC A EN A PACKET FAG 6 Bakersfield, California, April 19, 2017 - Page 7 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the March 29, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from March 17, 2017, to April 6, 2017, in the amount of $19,733,292.17, Self- Insurance payments from March 17, 2017, to April 6, 2017, in the amount of $477,760.22, totaling $20,211,052.39. Ordinances: C. Adoption of an Ordinance amending Chapter ORD 4893 1.40 of the Bakersfield Municipal Code relating to Penalties. (FR 03129117) d. Adoption of Ordinance amending the Official ORD 4894 Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from E (Estate One - Family Dwelling) to R -1 (One - Family Dwelling) on 38,251 gross sq.ft., located north of Snow Road, east of Quail Creek Road; from R -2 /PUD (Limited Multiple - family Dwelling /Planned Unit Development) to R -1 (One - Family Dwelling) on 22,693 net sq.ft.; and R -1 (One - Family Dwelling) to R -2 /PUD (Limited Multiple - family Dwelling /Planned Unit Development) on 40,192 net sq.ft., located south of Etchart Road, west of Coffee Road (ZC # 16 -0463 - McIntosh and Associates, representing Kern Land Partners, LLC, and Bidart Dairy II, LLC, property owners) (FR 03129117) Resolutions: e. Resolution authorizing the sale ($1,000) of a RES 044 -17 Surplus Ford Crown Victoria sedan to Bakersfield Homeless Center. f. Resolution accepting the U.S. Department of RES 045 -17 Homeland Security Federal Emergency Management Agency (FEMA) grant funding for two emergency generators and authorizing the City Manager or the City Finance Director to execute all necessary documents. 05110117 CC A EN A PACKET FAG 65 E3 Bakersfield, California, April 19, 2017 — Page 8 CONSENT CALENDAR continued g. Resolution in support of AB 763 (Salas) - Independent Living Centers: Funding. h. Sewer connection fee assessment for 1817 Filson Street: Resolution confirming assessment for the sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Maria Cruz Gastelum to pay the sewer connection fee through the Kern County Tax Collector. Agreements: i. Memorandum of Understanding regarding instructional services between the Kern Community College District and Bakersfield Police Department. Consultant Agreement with AECOM (not to exceed $3,975,324; 82.8% federal funds; 17.2% local funds) for Construction Management Services for the Kern River Bridge Improvements Project. k. Transportation Impact Fee Refund Agreement with Lennar Homes, Inc. (not to exceed $246,212.69), for construction of improvements on Ashe Road along the frontage of Tentative Tract Maps 6757 and 6758. I. Median Fee Reimbursement Agreement with Lennar Homes, Inc. (not to exceed $85,479.91), for median construction and median landscaping on Ashe Road between Taft Highway/SR 119 and McKee Road. M. Amendment No. 1 to Ground Lease Agreement No. 15 -044 with Michael D. Taylor N841 CM, LLC, assigning Hangar Space A5 at the Bakersfield Municipal Airport to Jacqui Sickles. ACTION TAKEN RES 046 -17 RES 047 -17 AGR 17 -045 AGR 17 -046 AGR 17 -047 AGR 17 -048 AGR 17 -049 AGR 15- 044(1) 05110/17 CC A GENDA PACKET FAG E3 Bakersfield, California, April 19, 2017 - Page 9 CONSENT CALENDAR continued n. Amendments to Agreements with San Joaquin Valley Air Pollution Control District (SJVAPCD) for bicycle lane striping improvements: Amendment No. 1 to Agreement No. 14- 183 to extend project completion date to December 31, 2017 for Class II bike lane and striping improvements along both sides of a three mile segment of Harris Road between Wible Road and Gosford Road. 2. Amendment No. 1 to Agreement No. 14- 273 to extend project completion date to December 31, 2017 for Class II bike lane and striping improvements along both sides of a two mile segment of Harris Road between Gosford Road and Buena Vista Road. 3. Amendment No. 1 to Agreement No. 15- 268 to extend project completion date to December 31, 2017 for construction of a Class II bike lane with striping along both sides of Clay Patrick Farr Way from Hageman Road to Granite Falls Drive, and on Meacham Road from Clay Patrick Farr Way to Calloway Drive. o. Contract Change Order No. 3 to Agreement No. 17 -020 with S& H Civilworks, ($35,556; revised not to exceed $511,204.07) for construction of the Street Improvements: North of Brundage and West of Union Phases 6 and 7 Project. P. Rosedale Highway Widening Project (TRIP): Contract Change Order No. 112 to Agreement No. 15 -009 with Teichert Construction ($143,409.68; revised not to exceed $19,339,051.50; Change Orders funded with Gas Tax Funds) for construction of said project. 2. Transfer $145,000 savings from the PG &E Tower Relocation on Westside Parkway Project to the Rosedale Highway Widening Project within the Gas Tax Fund for said change order. ACTION TAKEN AGR 14- 183(1) AGR 14- 273(1) AGR 15- 268(1) AGR 17 -020 CCO 3 AGR 15 -009 CCO 112 05110/17 CC A GENDA PACKET FAG 67 Bakersfield, California, April 19, 2017 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Property Acquisition Agreements - TRIP: q. Accept bid and approve contract with AGR 17 -050 AMPCO Contracting, Inc. ($386,748.26) for Demolition of Improvements at 4606 California Avenue and 4628 California Avenue; Phase 19 for the Centennial Corridor Project. (TRIP) Bids: Accept bid from Jim Burke Ford, Bakersfield ($55,761.76) for two replacement four door police special utility vehicles for use by the Police Department K -9 unit. Accept bid from Mullahey CDJR, Paso Robles, California ($45,806.90) for two replacement midsize passenger vans for the Public Works Fleet Division and the Police Department. Accept bid from Brock's Trailers, Incorporated ($43,502.24) for a replacement dump trailer with loader for the Public Works Department, Solid Waste Division. U. Sewer Lift Station Rehabilitation at Alfred Harrell No. 3 and Brandon Park: 1. Accept bid and approve contract with AGR 17 -051 Pyramid Building and Engineering ($1,274,400) for construction of said projects. 2. Transfer $250,000 from Wastewater Treatment Plant No. 3's Capital Improvement Budget (project entitled "Sewer Lift and Storm Pump Station ") to Wastewater Treatment Plant No. 2's Capital Improvement Budget to provide additional funding for the Alfred Harrell No. 3 lift station. 3. Transfer $800,000 from the project entitled "Sewer Lift and Storm Pump Station" (Wastewater Treatment Plant No. 3) to fund the Brandon Park lift station. 05110117 CC A EN A PACKET FAG 68 Bakersfield, California, April 19, 2017 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: V. Appropriate $150,000 County Grant Revenues to the General Fund Police Operating Budget, to provide funding to deter, investigate, and prosecute real estate fraud crimes. W. Irrevocable encroachment permit for parking spaces within adopted City of Bakersfield road right -of -way for a retail center located at 3203 Ming Avenue (southeast corner of Ming Avenue and Wible Road). Successor Agency Business: X. Receive and file Successor Agency payments from March 17, 2017 to April 6, 2017 in the amount of $2,760,950. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.x. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider a resolution RES 048 -17 approving a Mitigated Negative Declaration in support of the Manor Street Bridge Rehabilitation and Seismic Retrofit Project, located in northeast Bakersfield, on the portion of Manor Street that crosses over the Kern River, south of East Roberts Lane junction. b. Public Hearing to consider General Plan RES 263 -04(1) Amendment # 16 -0309. City of Bakersfield - Public Works Department has applied for an amendment to the circulation element of the general plan to (1) Amend Exhibit A of Resolution 263 -04 to clarify the existing boundaries for the West Beltway and Westside Parkway Interchange located along Stockdale Highway, generally between Renfro Road and Heath Road; and (2) Add a Class 1 Bike Path within the right -of -way of the West Beltway from Stockdale Highway south. A finding that the project is exempt from the California Environmental Quality Act will also be considered. 05110/17 CC A GENDA PACKET FAG 6 9 Bakersfield, California, April 19, 2017 - Page 12 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Consent Calendar Hearing items 9.a. and 9.b. opened at 6:38 p.m. No one spoke. Consent Calendar Hearing items 9.a. and 9.b. closed at 6:39 p.m. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Hearing items 9.a. and 9.b. 10. HEARINGS None. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested staff provide a status update regarding the 24th Street Improvement Project and the Hageman Flyover Project. Councilmember Gonzales made comments regarding the adoption of the Resolution in support of AB 763 and recognized Jimmy Soto, Executive Director of Independent Living Center, in attendance at the meeting. Vice -Mayor Smith spoke regarding Consent Calendar item 8.n., and thanked staff for their effort in obtaining grants from the San Joaquin Valley Air Pollution Control District for bicycle lane and striping improvements. Vice -Mayor Smith made comments regarding General Plan Amendment 16 -0309, concerning the addition of a Class 1 Bike Path within the right -of -way of the West Beltway from Stockdale Highway south. 05110/17 CC AGEN A PACKET FAG 7 Bakersfield, California, April 19, 2017 - Page 13 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier reminded everyone the annual Great American Cleanup will be held this Saturday, April 22nd, at Yokuts Park. Mayor Goh stated she is looking forward to seeing everyone at the Great American Cleanup on Saturday. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:43 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 05110/17 CC A GENDA PACKET FAG 71 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/28/2017 111-11 V 03 SUBJECT: Receive and file department payments from April 7, 2017, to April 27, 2017, in the amount of $18,458,363.50, Self-Insurance payments from April 7, 2017, to April 27, 2017, in the amount of $738,684.64, totaling $19,197,048.14. Staff recommends the report be received and filed. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Reg�steir/kdirNin 5 '10 20,17 D 2 E/kP Check Regitsteir/kdirNin 5 '10 20,17 Type BackU IMateir4� BackU IMateir4� 05110/17 CC AGENDA PACKET PG 72 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657086 10204 ASSOCIATION BKFD POLICE OFFICER FCU Apr 7, 2017 $14,466.05 657087 10211 BAKERSFIELD FIREMEN Apr 7, 2017 $9,050.33 657088 10200 BAKERSFIELD FIREMEN RELIEF ASS Apr 7, 2017 $8,570.06 657089 10203 BAKERSFIELD POLICE BENEFIT Apr 7, 2017 $24,539.36 657090 70217 BRADLEY & GM LICH Apr 7, 2017 $550.00 657091 1884 CHAIN COHN STILES Apr 7, 2017 $234.69 657092 10037 DIVINE POWER Apr 7, 2017 $414.72 657093 16862 H ALTHCOMP INC Apr 7, 2017 $168.63 657094 70335 H RNAND Z, VICTOR Apr 7, 2017 $562.00 657095 10037 JASMINE JONES Apr 7, 2017 $30.00 657096 15335 KERN COUNTY COUNSEL Apr 7, 2017 $550.00 657097 15335 KERN COUNTY COUNSEL Apr 7, 2017 $68.40 657098 28770 KIDZ LOVE SOCCER Apr 7, 2017 $1,840.80 657099 70334 KRAUSE, JEFFREY Apr 7, 2017 $2,600.58 657100 10037 MARIA LIMON Apr 7, 2017 $118.00 657101 22602 MCCORMICK BARSTOW LLP Apr 7, 2017 $75.55 657102 28366 MINOR, TYLER Apr 7, 2017 $168.35 657103 22464 MUNISRVICS Apr 7, 2017 $3,000.00 657104 10205 MUTUAL BENEFIT ASSOCIATION Apr 7, 2017 $1,986.86 657105 10114 O °DONLY, LONI Apr 7, 2017 $65.00 657106 26810 RLIASTAR LIFE INSURANCE CO Apr 7, 2017 $868.51 657107 22324 SIU LOCAL 521 Apr 7, 2017 $20,673.53 657108 28920 SIMS, RONALD Apr 7, 2017 $204.75 657109 70107 SOLARCITY CORP Apr 7, 2017 $1 03.00 657110 10037 SUN SOLAR ENERGY SOLUTIONS Apr 7, 2017 $103.00 657111 25541 WATTS, BOBBY Apr 7, 2017 $48.75 657112 14993 CALIFORNIA AIR RESOURCES BOARD Apr 7, 2017 $1,891.80 657113 22703 CJA, MIGUL Apr 7, 2017 $125.00 657114 12298 CITY OF BAKERSFIELD Apr 7, 2017 $772.98 657115 29146 HARRINGTON, BRYAN Apr 7, 2017 $125.00 657116 4550 K C S O S Apr 7, 2017 $1,087,255.47 657117 10037 LORNZO LRMA Apr 7, 2017 $500.00 657118 22346 ABACUS I M T INC Apr 13, 2017 $4,139.67 657119 25208 ACCESS CONTROLS INC Apr 13, 2017 $1,473.00 657120 21341 AEG MANAGEMENT BAKERSFIELD LLC Apr 13, 2017 $486.75 657121 23588 ALUMINUM CHUCK WAGON Apr 13, 2017 $1,186.10 657122 28369 ALVARZ, LUIS Apr 13, 2017 $63.00 657123 26375 AMERICAN BUILDING MAINTENANCE INC Apr 13, 2017 $769.59 657124 26670 AMS.NT INC Apr 13, 2017 $38,750.11 657125 20521 ARIES INDUSTRIES INC Apr 13, 2017 $5,123.61 657126 25180 B & R SUPPLY INC Apr 13, 2017 $287.97 657127 25940 BACA, ANTHONY Apr 13, 2017 $126.00 657128 675 BAKERSFIELD CALIFORNIAN Apr 13, 2017 $1,210.57 657129 10320 BAKERSFIELD HOMELESS CENTER Apr 13, 2017 $11,334.35 657130 13592 BAKERSFIELD IRRIGATION Apr 13, 2017 $65.94 657131 841 BAKERSFIELD RUBBER STAMP CO Apr 13, 2017 $165.27 657132 857 BAKERSFIELD S P C A Apr 13, 2017 $646.72 657133 875 BAKERSFIELD TRUCK CENTER Apr 13, 2017 $3,371.65 657134 11248 BANKS PEST CONTROL Apr 13, 2017 $110.00 657135 557 BARC Apr 13, 2017 $392.60 657136 13424 BARNES WELDING SUPPLY Apr 13, 2017 $26.38 657137 21118 B HL, MANPREET Apr 13, 2017 $80.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 73 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657138 23444 BILLINGSLEY, MATTHEW Apr 13, 2017 $1,309.60 657139 29237 BLACK, JOHNNY Apr 13, 2017 $63.00 657140 21172 BLACKHOLE TECHNOLOGIES INC Apr 13, 2017 $4,766.95 657141 28341 BOB'S AUTO GLASS INC Apr 13, 2017 $998.78 657142 15538 BOLLS NURSERY LANDSCAPE Apr 13, 2017 $214.50 657143 22817 BORN AGAIN BODYWORKS Apr 13, 2017 $980.00 657144 18692 BOUND TREE MEDICAL LLC Apr 13, 2017 $1,930.45 657145 24464 BROWN, CLAUDE Apr 13, 2017 $126.00 657146 10267 BUDGET BOLT INC Apr 13, 2017 $724.11 657147 1477 CAL VALLEY EQUIPMENT INC Apr 13, 2017 $145.00 657148 29195 CALIFORNIA STATE UNIV- STANISLAUS Apr 13, 2017 $761.41 657149 24940 CAMPBELL, CHRIS Apr 13, 2017 $220.00 657150 16974 CRTX WEST USA INC Apr 13, 2017 $147.49 657151 1859 CERTIFIED LABORATORIES Apr 13, 2017 $312.08 657152 1888 CHAMPION HARDWARE Apr 13, 2017 $432.11 657153 14931 CH EM PRO LABORATORY INC Apr 13, 2017 $2,595.35 657154 2016 CLARK PEST CONTROL INC Apr 13, 2017 $48.00 657155 2050 CLIFFORD & BROWN Apr 13, 2017 $140,079.50 657156 2050 CLIFFORD & BROWN Apr 13, 2017 $10,120.05 657157 11167 COLS ENVIRONMENTAL Apr 13, 2017 $935.88 657158 25259 COMMERCIAL CLEANING SYSTEMS INC Apr 13, 2017 $9,570.00 657159 27509 CONTRRAS, ANGEL Apr 13, 2017 $126.00 657160 19568 CORNLIUS, DANA Apr 13, 2017 $40.00 657161 2253 CULLIGAN WATER CONDITIONING Apr 13, 2017 $235.20 657162 22621 CYBR COMPUTERS INC Apr 13, 2017 $8,518.87 657163 25063 DANIEL JR, ALBRTO Apr 13, 2017 $189.00 657164 2321 DANIELS TIRE SERVICE Apr 13, 2017 $594.09 657165 25337 DAVS FLEET MAINT & TOWING INC Apr 13, 2017 $145.00 657166 4140 DAVID JANS COMPANY Apr 13, 2017 $232.54 657167 2442 D LAN Y & AHLF DIESEL SERVICE INC Apr 13, 2017 $56.95 657168 11271 DEPARTMENT OF TRANSPORTATION Apr 13, 2017 $30,613.49 657169 26991 DEPT OF GN SV OFFICE OF ADMIN FEAR Apr 13, 2017 $14,312.50 657170 29256 DWITZ, JEFF Apr 13, 2017 $63.00 657171 25742 DISCOUNT RADIATOR CENTER Apr 13, 2017 $355.00 657172 24231 DORLIS, TOM Apr 13, 2017 $25.00 657173 18544 DUANE MORRIS LLP Apr 13, 2017 $110,095.00 657174 16511 EAN SERVICES LLC Apr 13, 2017 $583.55 657175 29032 EDISON AGRICULTURE SERVICES INC Apr 13, 2017 $221.00 657176 26425 EICHNER, LAWRENCE Apr 13, 2017 $180.00 657177 20605 ELIFEGUARD INC Apr 13, 2017 $1,104.89 657178 19595 FAIRFILD SERVICE COMPANY LLC Apr 13, 2017 $276.49 657179 2901 FDX Apr 13, 2017 $249.90 657180 28511 FIRST ADVANTAGE BACKGROUND Apr 13, 2017 $123.00 657181 19657 FIRST CHOICE SERVICES INC Apr 13, 2017 $333.83 657182 26081 FIRST SERVICE STRAIGHTLINE ENT Apr 13, 2017 $2,075.95 657183 25339 FLEET SERVICES TOWING INC Apr 13, 2017 $35.00 657184 16455 FLORS, JAIME Apr 13, 2017 $245.00 657185 26311 FLOWERS, MARTY Apr 13, 2017 $126.00 657186 3028 FLOYDS GENERAL STORE Apr 13, 2017 $66.95 657187 22966 FORENSIC NURSE SPECIALISTS INC Apr 13, 2017 $7,300.00 657188 29238 FOX, PERRY Apr 13, 2017 $63.00 657189 3213 GALLS, LLC Apr 13, 2017 $84.57 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL - ADMIN\ 05110/17 CC AGENDA PACKET PG 7 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657190 28064 GENERAL TREE SERVICE INC Apr 13, 2017 $68,499.00 657191 3358 GILLIAM & SONS INC Apr 13, 2017 $17,786.50 657192 3403 GOLDEN STATE PTRBILT Apr 13, 2017 $225.88 657193 3450 GRANITE CONSTRUCTION INC Apr 13, 2017 $193,679.36 657194 3452 GRAYBAR ELECTRIC COMPANY Apr 13, 2017 $22.76 657195 24247 GRGS PETROLEUM SERVICES INC Apr 13, 2017 $163.57 657196 24693 GRUBBS, JOSH Apr 13, 2017 $126.00 657197 24139 GUTI RR Z TIRE & WHEEL INC Apr 13, 2017 $1,068.19 657198 3579 HACH COMPANY Apr 13, 2017 $1,996.00 657199 162 HADDAD DODGE Apr 13, 2017 $57.01 657200 3661 HARTL Y, TYLER Apr 13, 2017 $172.11 657201 27408 INFRASTRUCTURE TECHNOLOGIES LLC Apr 13, 2017 $1,800.00 657202 3972 INSIGHT PUBLIC SECTOR Apr 13, 2017 $2,564.90 657203 3969 INSTANT STORAGE Apr 13, 2017 $100.99 657204 28834 INTERIOR DEMOLITION, INC Apr 13, 2017 $177,275.00 657205 4089 J & E RESTAURANT SUPPLY INC Apr 13, 2017 $416.81 657206 26694 JACOBSN WEST Apr 13, 2017 $2,287.50 657207 28917 JAN -PRO CLEANING SYSTEMS Apr 13, 2017 $1,365.00 657208 26424 JARNAGAN, KYLE Apr 13, 2017 $300.00 657209 4243 JORGNSN & CO Apr 13, 2017 $1,257.12 657210 28989 K & I SERVICES INC Apr 13, 2017 $5,513.00 657211 19554 K & R TOWING Apr 13, 2017 $70.00 657212 4550 K C S O S Apr 13, 2017 $12,027.21 657213 26914 KAHANIC, NICHOLAS Apr 13, 2017 $520.00 657214 26066 KARR, STEVEN Apr 13, 2017 $63.00 657215 4423 KERN COUNCIL OF GOVERNMENTS Apr 13, 2017 $495.00 657216 4573 KERN COUNTY WATER AGENCY Apr 13, 2017 $15,566.01 657217 4583 KERN ECONOMIC DEVELOPMENT CORP Apr 13, 2017 $1,250.00 657218 7492 KERN MACHINERY INC Apr 13, 2017 $128.09 657219 4677 KERN REFUSE DISPOSAL, INC Apr 13, 2017 $6,475.00 657220 4680 KERN RIVER POWER EQUIPMENT INC Apr 13, 2017 $508.57 657221 4701 KERN SPRINKLER LANDSCAPING INC Apr 13, 2017 $5,490.00 657222 4861 KISCO SALES INC Apr 13, 2017 $697.19 657223 24784 KLASSN CORPORATION Apr 13, 2017 $82,170.94 657224 4277 KME FIRE APPARATUS Apr 13, 2017 $260.00 657225 4875 KNIGHTS PUMPING & PORTABLE SVC INC Apr 13, 2017 $360.00 657226 14219 L A GRINDING INC Apr 13, 2017 $35.00 657227 23743 LANDSCAPE DEVELOPMENT INC Apr 13, 2017 $1,348.33 657228 28956 LID MAINTENANCE & CONSTRUCTION Apr 13, 2017 $2,215.00 657229 22408 L HR AUTO ELECTRIC Apr 13, 2017 $367.96 657230 28755 LEVEL 3 COMMUNICATIONS LLC Apr 13, 2017 $1,786.55 657231 10955 LEXISNEXIS Apr 13, 2017 $600.95 657232 1030 LEXISNEXIS MATTHEW BENDER & CO Apr 13, 2017 $823.10 657233 20228 LINCOLN COMMERCIAL POOL EQUIP INC Apr 13, 2017 $2,499.00 657234 24959 LOGOS IMAGING LLC Apr 13, 2017 $271.47 657235 5133 LOOP ELECTRIC INC Apr 13, 2017 $7,800.00 657236 29239 MALDONADO, JAVIR Apr 13, 2017 $63.00 657237 18731 MCPC Apr 13, 2017 $923.42 657238 28760 MEDIWASTE DISPOSAL LLC Apr 13, 2017 $134.00 657239 7064 MERCHANTS PRINTING & ENVELOPE Apr 13, 2017 $3,651.97 657240 18520 METROPOLITAN RECYCLING LLC Apr 13, 2017 $14,031.40 657241 28949 MICHA LS CLEANING N HAULING Apr 13, 2017 $300.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 75 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657242 5510 MID TERM INC Apr 13, 2017 $5,181.89 657243 5688 MOTION INDUSTRIES INC Apr 13, 2017 $269.72 657244 29240 MUMMRT, JASN Apr 13, 2017 $63.00 657245 12273 NATIONAL NOTARY ASSOCIATION Apr 13, 2017 $69.00 657246 24309 NAVIGATORS PRINT 8t DESIGN, INC Apr 13, 2017 $246.68 657247 22058 NET TRANSCRIPTS, INC. Apr 13, 2017 $73.56 657248 25752 NISHIKAWA PROPERTY MAINTENANCE INC Apr 13, 2017 $9,309.00 657249 29253 NIXON PABODY LLP Apr 13, 2017 $2,188.00 657251 5923 NORTH KERN WATER STORAGE DIST Apr 13, 2017 $100,393.34 657252 24279 O °RILLY AUTO PARTS Apr 13, 2017 $131.68 657253 28052 OCHOA, RICARDO Apr 13, 2017 $181.25 657254 10361 OPEN & SHUT ENTERPRISES Apr 13, 2017 $85.00 657255 7619 ORION SAFETY PRODUCTS Apr 13, 2017 $5,290.34 657256 6448 P T O SALES CORP / TRUCKPRO LLC Apr 13, 2017 $499.63 657257 6122 PACIFIC POWER INC Apr 13, 2017 $262.66 657258 13209 PARKHOUSE TIRE INC Apr 13, 2017 $1,245.36 657259 20828 PARSONS TRANSPORTATION GROUP INC Apr 13, 2017 $122,467.01 657260 25270 PENINSULA MESSENGER INC Apr 13, 2017 $410.67 657261 11272 PEOPLE FACTS LLC Apr 13, 2017 $21.67 657262 27514 PHILLIPS, CHARLIE Apr 13, 2017 $63.00 657263 27911 PORTERVILLE FORD Apr 13, 2017 $2,300.33 657264 24181 POULOS, NICK Apr 13, 2017 $300.00 657265 28567 PRESORT CENTER OF FRESNO LLC Apr 13, 2017 $238.17 657266 14734 PRORIDR INC Apr 13, 2017 $2,606.25 657267 26997 PROVOST & PRITCHARD CONSULTING INC Apr 13, 2017 $106,733.68 657268 25313 R & A UPHOLSTERY Apr 13, 2017 $245.00 657269 26530 R BRUCE WALKER ED D INC Apr 13, 2017 $500.00 657270 24266 RANDALL, DOUGLAS Apr 13, 2017 $520.00 657271 3249 RAY GASKIN SERVICE INC Apr 13, 2017 $90.65 657272 6682 RAYMONDS TROPHY AND AWARDS Apr 13, 2017 $1,512.23 657273 28480 READY REFRESH Apr 13, 2017 $466.95 657274 6727 REFRIGERATION SUPPLIES DIST. INC Apr 13, 2017 $1,387.53 657275 29257 RIVRA, FRANCISCO Apr 13, 2017 $126.00 657276 6836 ROADLINE PRODUCTS INC Apr 13, 2017 $4,202.10 657277 6915 ROUND -UP FEED AND PET SUPPLY Apr 13, 2017 $244.83 657278 28665 ROUTE READY PARTS Apr 13, 2017 $449.68 657279 22839 SECURITY PAVING CO, INC Apr 13, 2017 $2,076,932.71 657280 29292 SHAH, KAREN Apr 13, 2017 $50.00 657281 26203 SIERRA CONST & EXCAVATION INC Apr 13, 2017 $50,501.04 657282 21703 SLAGL °S MATTRESS FACTORY INC Apr 13, 2017 $839.61 657283 7434 SMART & FINAL IRIS COMPANY Apr 13, 2017 $693.49 657284 23456 SORNSON,VRNON MD INC Apr 13, 2017 $245.00 657285 11907 SPARKLTTS /SIERRA SPRINGS Apr 13, 2017 $146.26 657286 18048 SUMMIT SUPPLY CORP OF COLORADO Apr 13, 2017 $2,161.80 657287 3565 SUNGARD PUBLIC SECTOR INC Apr 13, 2017 $155.44 657288 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Apr 13, 2017 $150.68 657289 28163 SWITZ R, PHILIP Apr 13, 2017 $189.00 657290 26369 T Y LIN INTERNATIONAL INC Apr 13, 2017 $3,038.02 657291 28832 T- MOBILE USA Apr 13, 2017 $102.00 657292 276 TAYLOR EQUIPMENT & REPAIR, INC Apr 13, 2017 $336.61 657293 7859 TAYLOR, MIKE Apr 13, 2017 $100.00 657294 7917 TSSCO Apr 13, 2017 $85.51 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 7 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657295 19961 THE HON COMPANY -C /O STINSONS Apr 13, 2017 $510.36 657296 17175 THYSS NKRUPP ELEVATOR INC Apr 13, 2017 $3,415.98 657297 21464 TRIT CH FORENSICS INC Apr 13, 2017 $1,990.00 657298 20359 TURF STAR INC Apr 13, 2017 $447.21 657299 245 TURK'S KERN COPY INC Apr 13, 2017 $737.56 657300 22485 UNITK COMPUTER STORE Apr 13, 2017 $1,258.41 657301 8478 VALLEY DECAL INC Apr 13, 2017 $376.98 657302 8520 VALLEY POWER SYSTEMS, INC Apr 13, 2017 $330.24 657303 26060 VANGUARD CLEANING SYSTEMS INC Apr 13, 2017 $366.67 657304 28460 VISIPAK Apr 13, 2017 $1,608.55 657305 14647 WAXIE SANITARY SUPPLY INC Apr 13, 2017 $302.70 657306 23378 WEST COAST COMMUNITY BUILDERS Apr 13, 2017 $275,665.00 657307 8936 WESTERN EXTERMINATOR COMPANY Apr 13, 2017 $1,333.50 657308 9015 WILLIAMS, DANIEL Apr 13, 2017 $50.00 657309 25542 WOLF, RONALD Apr 13, 2017 $50.00 657310 10733 YOUNGBLOOD, DAMON Apr 13, 2017 $3,119.00 657311 9244 ZP MANUFACTURING COMPANY Apr 13, 2017 $335.44 657312 25879 ZOOM IMAGING SOLUTIONS, INC. Apr 13, 2017 $821.62 657313 28854 3C PAYMENT (USA) CORP Apr 13, 2017 $100.00 657315 28 A C ELECTRIC COMPANY Apr 13, 2017 $155,377.60 657316 19772 A R C NETWORK LLC Apr 13, 2017 $175.00 657317 28860 AT&T Apr 13, 2017 $15,047.75 657318 6129 AT&T Apr 13, 2017 $2,873.37 657320 78 ADVANCED DISTRIBUTION CO Apr 13, 2017 $5,560.43 657321 12516 AIMS Apr 13, 2017 $5,764.50 657323 25863 ALLIED WEED CONTROL INC Apr 13, 2017 $36,353.75 657324 13631 ARB /PRP Apr 13, 2017 $2,932.50 657326 652 B A C S CO Apr 13, 2017 $2,163.09 657329 1696 CALIFORNIA WATER SERVICE Apr 13, 2017 $12,625.53 657330 1941 CHEVRON U S A Apr 13, 2017 $977.75 657332 801 CLIFFORD & BROWN TRUST Apr 13, 2017 $28,931.98 657333 29291 DAVIS, MARIA Apr 13, 2017 $760.00 657334 2714 EAST NILES COMMUNITY SERVICES Apr 13, 2017 $1,117.58 657335 26312 EPIC AVIATION INC Apr 13, 2017 $717.12 657336 28138 EXCEL RELOCATION SYSTEMS Apr 13, 2017 $6,050.00 657337 2959 FIRST AMERICAN TITLE COMPANY Apr 13, 2017 $243,066.00 657339 3427 GRAINGR INC, W W Apr 13, 2017 $2,733.75 657342 7933 HOME DEPOT Apr 13, 2017 $3,643.31 657345 4740 KERN TURF SUPPLY Apr 13, 2017 $4,254.00 657346 28967 LO,CHEYANNE PETTY CASH CUSTODIAN Apr 13, 2017 $116.95 657348 15624 LOW 'S HOME IMPROVEMENT Apr 13, 2017 $1,983.20 657353 12627 MARD ROSIAN & COH N Apr 13, 2017 $32,859.65 657354 18230 OILDALE MUTUAL WATER COMPANY Apr 13, 2017 $32.23 657355 14088 PACIFIC GAS & ELECTRIC Apr 13, 2017 $6,560.87 657356 6114 PACIFIC GAS & ELECTRIC COMPANY Apr 13, 2017 $1,336.14 657357 8785 PARKA, ESTHER PETTY CASH Apr 13, 2017 $75.01 657358 27206 SALOMON, JEANETTE A & SAMMY R Apr 13, 2017 $1,000.00 657359 7096 SJVAPCD Apr 13, 2017 $3,356.00 657360 7096 SJVAPCD Apr 13, 2017 $264.00 657361 7509 SOCALGAS Apr 13, 2017 $907.39 657362 22534 STATE WATER RESOURCES CONTROL Apr 13, 2017 $200.00 657363 8124 TRAYNOR, SHARON Apr 13, 2017 $265.50 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 77 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657365 96 TYACK TIRES INC Apr 13, 2017 $2,866.00 657368 10428 UNITED REFRIGERATION INC Apr 13, 2017 $2,006.44 657369 8611 VAUGHN WATER CO., INC. Apr 13, 2017 $3,807.03 657370 8773 WALL STREET JOURNAL, THE Apr 13, 2017 $514.80 657371 30002 MEDICAL EYE SERVICE COMPANY Apr 13, 2017 $5,118.89 657372 26810 RLIASTAR LIFE INSURANCE CO Apr 13, 2017 $3,654.70 657373 30027 U S BANK - PARS #6746022400 Apr 13, 2017 $2,396.67 657374 30029 UNITED CONCORDIA DENTAL PLANS OF CA Apr 13, 2017 $46,931.63 657375 30020 UNUM Apr 13, 2017 $5,265.01 657376 10047 BREAKWATER APARTMENTS Apr 14, 2017 $1,660.86 657377 10047 CLIFFORD & BRADFORD INSURANCE Apr 14, 2017 $73.70 657378 70019 COLOMBO CONSTRUCTION CO INC Apr 14, 2017 $52.00 657379 10047 CTT, LLC Apr 14, 2017 $186.54 657380 70327 DANIELS FINE ISRAEL SCHONBUCH Apr 14, 2017 $275.00 657381 10037 EDISON GALLARDO Apr 14, 2017 $400.00 657382 70336 GANONG LAW Apr 14, 2017 $872.94 657383 10037 JOHN OLAGUE PLUMBING Apr 14, 2017 $326.00 657384 10037 KYLE W. JONES LAW OFFICE Apr 14, 2017 $111.78 657385 10047 PANAMA TIC Apr 14, 2017 $60.00 657386 26141 REYNOLDS, KRIS Apr 14, 2017 $360.00 657387 10047 SIGRST, EDWIN D. Apr 14, 2017 $560.08 657388 70107 SOLARCITY CORP Apr 14, 2017 $1,140.48 657389 29088 TODD GROUNDWATER Apr 14, 2017 $6,360.40 657390 10047 WHOS BAD FAIR SALON Apr 14, 2017 $22.43 657391 28865 BLUE SHIELD OF CALIFORNIA Apr 14, 2017 $617,598.02 657392 24411 CALIFORNIA BUILDING STANDARDS COMM Apr 14, 2017 $6,356.00 657393 2465 DEPARTMENT OF CONSERVATION Apr 14, 2017 $17,744.01 657394 2468 DEPARTMENT OF JUSTICE Apr 14, 2017 $2,704.00 657395 10047 EAST FILLS MALL COB Apr 14, 2017 $307.07 657396 12857 KAISER PERMANENTE Apr 14, 2017 $42,566.55 657397 10113 MEDICAL EYE SERVICE COMPANY Apr 14, 2017 $211.49 657398 6114 PACIFIC GAS & ELECTRIC COMPANY Apr 14, 2017 $31,693.72 657401 7638 STATE BOARD OF EQUALIZATION Apr 14, 2017 $3,815.00 657402 29221 UNITED CONCORDIA DENTAL PLANS OF CA Apr 14, 2017 $7,069.83 657403 15433 ADVANCE MOBILE SECURITY Apr 20, 2017 $375.31 657404 1229 AIRGAS WEST INC Apr 20, 2017 $643.98 657405 160 ALL THAT LETTERING SIGN COMPNY Apr 20, 2017 $500.00 657406 28688 ALLIED UNIVERSAL SECURITY SERVICES Apr 20, 2017 $7,776.00 657407 28369 ALVARZ, LUIS Apr 20, 2017 $63.00 657408 29288 AMRIMARK INC Apr 20, 2017 $214.74 657409 347 AMRP INC Apr20, 2017 $1,403.20 657410 17305 ANTE, DAVID Apr 20, 2017 $75.06 657411 13049 ARMA COATINGS OF BAKERSFIELD Apr 20, 2017 $911.62 657412 523 ATCO INTERNATIONAL Apr 20, 2017 $157.70 657413 18417 ATTORNEYS CERTIFIED SERVICES Apr 20, 2017 $285.00 657414 520 AUTO TINT WEST INC Apr 20, 2017 $156.53 657415 29293 AUTRY SUPPLY COMPANY Apr 20, 2017 $101.52 657416 536 AVERY ASSOCIATES Apr 20, 2017 $4,834.47 657417 652 B A C S CO Apr 20, 2017 $17.53 657418 25940 BACA, ANTHONY Apr 20, 2017 $126.00 657419 675 BAKERSFIELD CALIFORNIAN Apr 20, 2017 $2,381.44 657420 10320 BAKERSFIELD HOMELESS CENTER Apr 20, 2017 $12,420.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 7 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657421 971 BAKERSFIELD PLUMBING CO INC Apr 20, 2017 $1,086.23 657422 857 BAKERSFIELD S P C A Apr 20, 2017 $1,578.19 657423 850 BAKERSFIELD SENIOR CENTER Apr 20, 2017 $6,711.83 657424 557 BARC Apr 20, 2017 $61.25 657425 13424 BARNES WELDING SUPPLY Apr 20, 2017 $702.01 657426 945 BARNTT °S TOWING SERVICE INC Apr 20, 2017 $70.00 657427 28231 BIG BRAND TIRE CO Apr 20, 2017 $60.00 657428 23444 BILLINGSLEY, MATTHEW Apr 20, 2017 $447.52 657429 21328 BLOOMER, MICHAEL Apr 20, 2017 $180.00 657430 28341 BOB'S AUTO GLASS INC Apr 20, 2017 $215.63 657431 18692 BOUND TREE MEDICAL LLC Apr 20, 2017 $1,543.19 657432 1249 BRANDCO Apr 20, 2017 $977.05 657433 19303 BRIGHT HOUSE NETWORKS Apr 20, 2017 $171.96 657434 24464 BROWN, CLAUDE Apr 20, 2017 $126.00 657435 10267 BUDGET BOLT INC Apr 20, 2017 $360.73 657436 1477 CAL VALLEY EQUIPMENT INC Apr 20, 2017 $78.07 657437 28603 CALIFORNIA FUELS & LUBRICANTS Apr 20, 2017 $33,877.90 657438 1700 CALIFORNIA WATER SERVICE Apr 20, 2017 $15,033.92 657439 21133 CASHI, DEBRA Apr 20, 2017 $115.00 657440 27074 CN -CAL CONSTRUCTION INC Apr 20, 2017 $28,258.24 657441 1888 CHAMPION HARDWARE Apr 20, 2017 $212.07 657442 28780 CLEAN CUT LANDSCAPE INC Apr 20, 2017 $2,570.00 657443 29017 CLEAN WRIGHT SERVICE Apr 20, 2017 $239.00 657444 801 CLIFFORD & BROWN TRUST Apr 20, 2017 $42,334.15 657445 2157 COMS ARCH INC Apr 20, 2017 $408.00 657446 27509 CONTRRAS, ANGEL Apr 20, 2017 $126.00 657447 10285 CRIDR CONSTRUCTION INC Apr 20, 2017 $2,421.26 657448 22423 CS AMSCO Apr 20, 2017 $31,631.19 657449 2253 CULLIGAN WATER CONDITIONING Apr 20, 2017 $14.00 657450 22621 CYBR COMPUTERS INC Apr 20, 2017 $6,938.20 657451 25063 DANIEL JR, ALBRTO Apr 20, 2017 $126.00 657452 25337 DAVS FLEET MAINT & TOWING INC Apr 20, 2017 $110.00 657453 26895 DE LADE LANDN INC Apr 20, 2017 $594.32 657454 25962 D FINITI HEALTHCARE MANAGEMENT INC Apr 20, 2017 $308.78 657455 2442 D LAN Y & AHLF DIESEL SERVICE INC Apr 20, 2017 $80.92 657456 2467 DEPARTMENT OF FORESTRY & FIRE Apr 20, 2017 $600.13 657457 2469 DEPARTMENT OF JUSTICE Apr 20, 2017 $640.00 657458 11271 DEPARTMENT OF TRANSPORTATION Apr 20, 2017 $1,479.94 657459 2485 DWALT CORPORATION Apr 20, 2017 $5,060.00 657460 24854 DWY PEST CONTROL INC Apr 20, 2017 $696.00 657461 29256 DWITZ, JEFF Apr 20, 2017 $63.00 657462 2558 DISPENSING TECHNOLOGY CORP Apr 20, 2017 $2,497.71 657463 11508 DORKIN SR, MICHAEL Apr 20, 2017 $53.61 657464 21765 DOW, AARON Apr 20, 2017 $180.00 657465 28574 DR RONALD OSTROM Apr 20, 2017 $2,000.00 657466 29032 EDISON AGRICULTURE SERVICES INC Apr 20, 2017 $249.00 657467 20563 EDMONDS, TOM Apr 20, 2017 $25.00 657468 2769 EL POPULAR CALIFORNIA Apr 20, 2017 $956.25 657469 2752 ELBERT DISTRIBUTING Apr 20, 2017 $245.61 657470 16624 FASTNAL COMPANY Apr 20, 2017 $2,449.55 657471 2901 FDX Apr 20, 2017 $277.93 657472 2959 FIRST AMERICAN TITLE COMPANY Apr 20, 2017 $395.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 79 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657473 19657 FIRST CHOICE SERVICES INC Apr 20, 2017 $261.99 657474 17280 FISHMAN, LYUDMILA Apr 20, 2017 $655.06 657475 25494 FLEET PRIDE INC Apr 20, 2017 $140.12 657476 25339 FLEET SERVICES TOWING INC Apr 20, 2017 $105.00 657477 26311 FLOWERS, MARTY Apr 20, 2017 $42.00 657478 3028 FLOYDS GENERAL STORE Apr 20, 2017 $202.70 657479 29238 FOX, PERRY Apr 20, 2017 $126.00 657480 28326 FUN EXPRESS Apr 20, 2017 $549.31 657481 21457 FUNCTIONAL ERGONOMICS INC Apr 20, 2017 $200.00 657482 28623 GALCO INDUSTRIAL ELECTRONICS INC Apr 20, 2017 $276.51 657483 3213 GALLS, LLC Apr20, 2017 $1,481.67 657484 308 GARDENERS SUPPLY INC Apr 20, 2017 $17.14 657485 28064 GENERAL TREE SERVICE INC Apr 20, 2017 $300.00 657486 13174 GEORGE, MIKE Apr 20, 2017 $25.00 657487 3358 GILLIAM & SONS INC Apr 20, 2017 $1,200.00 657488 28898 GODINZ LAW Apr 20, 2017 $3,354.38 657489 3403 GOLDEN STATE PTRBILT Apr20, 2017 $1,152.45 657490 3452 GRAYBAR ELECTRIC COMPANY Apr 20, 2017 $714.99 657491 24247 DREGS PETROLEUM SERVICES INC Apr 20, 2017 $7,245.68 657492 24693 GRUBBS, JOSH Apr 20, 2017 $126.00 657493 24139 GUTI RR Z TIRE & WHEEL INC Apr 20, 2017 $949.38 657494 162 HADDAD DODGE Apr 20, 2017 $162.55 657495 3750 HENRY LEASING & MFG CO Apr 20, 2017 $132.50 657496 27026 HO FT, SHANE Apr 20, 2017 $180.00 657497 14401 INDUSTRIAL REPAIR SERVICE INC Apr 20, 2017 $1,039.52 657498 19632 INSIGHT ENVIRONMENTAL CONSULTANTS Apr 20, 2017 $3,440.00 657499 28451 INTERNATIONAL COATINGS CO INC Apr 20, 2017 $26,824.09 657500 20795 IPC USA INC Apr 20, 2017 $44,448.11 657501 4089 J & E RESTAURANT SUPPLY INC Apr 20, 2017 $151.06 657502 25575 J & M LAND RESTORATION, INC Apr 20, 2017 $99,210.00 657503 28894 JAMAR, TREY Apr 20, 2017 $660.00 657504 28989 K & I SERVICES INC Apr 20, 2017 $6,556.00 657505 19554 K & R TOWING Apr 20, 2017 $70.00 657506 26044 KENNEDY, AARON Apr 20, 2017 $380.00 657507 7492 KERN MACHINERY INC Apr 20, 2017 $430.65 657508 4677 KERN REFUSE DISPOSAL, INC Apr 20, 2017 $1,340,861.78 657509 4680 KERN RIVER POWER EQUIPMENT INC Apr 20, 2017 $333.97 657510 4701 KERN SPRINKLER LANDSCAPING INC Apr 20, 2017 $72,539.56 657511 4740 KERN TURF SUPPLY Apr 20, 2017 $3,193.77 657512 23434 KINNY, STEVEN P Apr 20, 2017 $2,675.00 657513 4861 KISCO SALES INC Apr 20, 2017 $269.30 657514 4875 KNIGHTS PUMPING & PORTABLE SVC INC Apr 20, 2017 $238.87 657515 70078 KNIGHTS PUMPING & PORTABLE SVC INC Apr 20, 2017 $82.87 657516 4900 KOOL AUTO AIR Apr 20, 2017 $175.88 657517 14219 L A GRINDING INC Apr 20, 2017 $105.00 657518 22408 L HR AUTO ELECTRIC Apr 20, 2017 $475.00 657519 23679 LOPEZ, JOSE BALLSTRO Apr 20, 2017 $125.00 657520 15624 LOW 'S HOME IMPROVEMENT Apr 20, 2017 $282.28 657521 18492 M & S SECURITY SERVICES Apr 20, 2017 $1,152.00 657522 29239 MALDONADO, JAVIR Apr 20, 2017 $126.00 657523 11730 MARTIN, PETER Apr 20, 2017 $125.00 657524 16016 MCINTOSH & ASSOCIATES Apr 20, 2017 $495.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110117 CC AGENDA PACKET PG 80 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657525 22899 MCR DMOND, SHANANDOAH Apr 20, 2017 $2,040.00 657526 7064 MERCHANTS PRINTING & ENVELOPE Apr 20, 2017 $1,099.74 657527 14119 METRO RECORD STORAGE INC Apr 20, 2017 $26.00 657528 19252 MEYER CIVIL ENGINEERING INC Apr 20, 2017 $3,964.20 657529 1316 MICHELIN NORTH AMERICA INC Apr 20, 2017 $13,209.04 657530 5547 MINUTEMAN PRESS Apr 20, 2017 $423.78 657531 5554 MISCO Apr 20, 2017 $23,105.94 657532 28768 MKN & ASSOCIATES INC Apr 20, 2017 $7,844.36 657533 5688 MOTION INDUSTRIES INC Apr 20, 2017 $106.98 657534 28806 MOUNTAIN VIEW FARMS & EQ CORP Apr 20, 2017 $734.52 657535 885 MSC INDUSTRIAL SUPPLY CO INC Apr 20, 2017 $709.34 657536 26101 MULOCK FAMILY TRUST Apr 20, 2017 $79.48 657537 5790 MUXLOW CONSTRUCTION Apr 20, 2017 $3,630.00 657538 327 NIPPON CARBIDE INDUSTRIES Apr 20, 2017 $2,091.38 657539 20361 NOSSAMAN LLP Apr20, 2017 $1,637.50 657540 24279 O'RILLY AUTO PARTS Apr 20, 2017 $737.09 657541 6026 ORONA, FLIX G Apr 20, 2017 $307.17 657542 10495 OWNS, BILLY Apr 20, 2017 $73.76 657543 6448 P T O SALES CORP / TRUCKPRO LLC Apr 20, 2017 $236.55 657544 14088 PACIFIC GAS & ELECTRIC Apr 20, 2017 $46.76 657545 6122 PACIFIC POWER INC Apr 20, 2017 $37.48 657546 24029 PAYLSS TOWING Apr 20, 2017 $70.00 657547 29298 PNA, ADRIANA Apr 20, 2017 $11.00 657548 22545 PRZ, MANUL Apr 20, 2017 $96.51 657549 25550 PERRY, MATTH W Apr 20, 2017 $567.00 657550 27514 PHILLIPS, CHARLIE Apr 20, 2017 $126.00 657551 28567 PRESORT CENTER OF FRESNO LLC Apr 20, 2017 $1,047.89 657552 26386 QUINN COMPANY INC - EQ Apr 20, 2017 $146,862.56 657553 16396 QUINN RENTAL SERVICES INC Apr 20, 2017 $2,147.93 657554 27913 RAE SYSTEMS BY HONEYWELL Apr 20, 2017 $764.71 657555 26808 RAMIRZ, PASTOR Apr 20, 2017 $125.00 657556 20713 RANDY'S TOWING Apr 20, 2017 $285.00 657557 6680 RAY ALLEN MANUFACTURING CO, IN Apr 20, 2017 $694.96 657558 3249 RAY GASKIN SERVICE INC Apr 20, 2017 $2,888.97 657559 6682 RAYMONDS TROPHY AND AWARDS Apr 20, 2017 $157.39 657560 28480 READY REFRESH Apr 20, 2017 $245.28 657561 19224 RDFLX INC Apr 20, 2017 $62,373.92 657562 29257 RIVRA, FRANCISCO Apr 20, 2017 $189.00 657563 6617 RLH FIRE PROTECTION Apr 20, 2017 $725.00 657564 26390 RODRIGU Z, ANTHONY Apr 20, 2017 $120.08 657565 6915 ROUND -UP FEED AND PET SUPPLY Apr 20, 2017 $628.37 657566 28665 ROUTE READY PARTS Apr 20, 2017 $1,017.00 657567 15481 SAN JOAQUIN VALLEY RAILROAD CO INC Apr 20, 2017 $815.00 657568 27361 SC FUELS Apr 20, 2017 $22,486.15 657569 28598 SEA CLEAR POOLS INC Apr 20, 2017 $3,350.94 657570 28226 SENTRY CONTROL SYSTEMS Apr 20, 2017 $5,587.45 657571 17273 SEQUOIA SANDWICH COMPANY Apr 20, 2017 $59.80 657572 21782 SGS TSTCOM Apr 20, 2017 $42.53 657573 29295 SINGH, GAGANDEEP Apr 20, 2017 $300.00 657574 18005 SLATER PLUMBING & MECHANICAL Apr 20, 2017 $7,346.82 657575 7434 SMART & FINAL IRIS COMPANY Apr 20, 2017 $179.06 657576 22473 SOILS ENGINEERING INC Apr 20, 2017 $2,310.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110117 CC AGENDA PACKET PG 81 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657577 26607 SPARKLING IMAGE CAR WASH Apr 20, 2017 $13.99 657578 18551 SUPRCO SPECIALTY PRODUCTS INC Apr 20, 2017 $2,382.99 657579 19143 SUZETTE'S CLEANERS Apr 20, 2017 $417.15 657580 28163 SWITZ R, PHILIP Apr 20, 2017 $189.00 657581 29086 SYBAS INC Apr 20, 2017 $8,640.08 657582 276 TAYLOR EQUIPMENT & REPAIR, INC Apr 20, 2017 $380.00 657583 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Apr 20, 2017 $568.98 657584 23837 TLPACIFIC COMMUNICATIONS Apr 20, 2017 $3,052.63 657585 21544 TLRIK CORP Apr 20, 2017 $898.20 657586 25338 TEN EIGHT TOW INC Apr 20, 2017 $140.00 657587 27343 THE MISSION AT KERN COUNTY Apr 20, 2017 $5,484.13 657588 29117 THE UPS STORE #5010 Apr 20, 2017 $73.61 657589 7999 THREE-WAY CHEVROLET Apr 20, 2017 $762.00 657590 21369 TRANS -WEST SECURITY INC Apr 20, 2017 $3,812.63 657591 27440 TUNE, BRAXTON Apr 20, 2017 $115.00 657592 20359 TURF STAR INC Apr 20, 2017 $208.37 657593 96 TYACK TIRES INC Apr 20, 2017 $1,507.90 657594 10428 UNITED REFRIGERATION INC Apr 20, 2017 $999.25 657595 26780 UNIVERSAL BACKGROUND SCREENING INC Apr 20, 2017 $751.09 657596 21513 USABLUBOOK Apr 20, 2017 $2,530.26 657597 15482 VULCAN MATERIALS CO Apr 20, 2017 $35,201.36 657598 14647 WAXIE SANITARY SUPPLY INC Apr 20, 2017 $3,664.01 657599 21212 WHITE CAP CONSTRUCTION SUPPLY Apr 20, 2017 $182.65 657600 18790 WINSTON WATER SERVICES Apr 20, 2017 $845.00 657601 12585 WOOLARD, BOBBY Apr 20, 2017 $40.00 657602 12173 YAHOO ACCOUNT RECEIVABLE Apr 20, 2017 $126.60 657603 26909 YORK RISK SERVICES GROUP INC Apr 20, 2017 $16,737.89 657604 70001 A -C ELECTRIC COMPANY Apr 20, 2017 $84,719.37 657608 78 ADVANCED DISTRIBUTION CO Apr 20, 2017 $13,791.59 657609 12516 AIMS Apr20, 2017 $11,907.68 657610 25145 ALBRTSONS STORE #6336 Apr 20, 2017 $2,257.02 657611 27438 ANDREWS, TSSA PC Apr 20, 2017 $25.82 657613 21172 BLACKHOLE TECHNOLOGIES INC Apr 20, 2017 $6,792.60 657616 1696 CALIFORNIA WATER SERVICE Apr 20, 2017 $45,616.31 657617 11937 CITY OF BAKRSFILD Apr 20, 2017 $26.88 657618 2214 COUNTY OF KERN Apr 20, 2017 $50.00 657619 10898 D M V RENEWAL Apr 20, 2017 $52.00 657620 10898 D M V RENEWAL Apr 20, 2017 $52.00 657621 2714 EAST NILES COMMUNITY SERVICES Apr 20, 2017 $215.56 657623 3427 GRAINGR INC, W W Apr20, 2017 $1,470.14 657625 3488 GRNFILD COUNTY WATER DIST Apr 20, 2017 $664.43 657626 3511 GRIFFITH COMPANY INC Apr 20, 2017 $69,881.62 657627 28991 NISH -KO INC Apr 20, 2017 $107,169.85 657628 28591 PACIFIC AQUASCAPE INTERNATIONAL INC Apr 20, 2017 $121,955.15 657629 6114 PACIFIC GAS & ELECTRIC COMPANY Apr 20, 2017 $48,976.81 657631 20828 PARSONS TRANSPORTATION GROUP INC Apr 20, 2017 $172,871.22 657635 6376 PIONEER PAINT Apr 20, 2017 $11,185.12 657637 27911 PORTERVILLE FORD Apr 20, 2017 $3,270.59 657638 17986 SPRINT /NEXTEL COMMUNICATIONS Apr 20, 2017 $822.66 657639 17986 SPRINT /NEXTEL COMMUNICATIONS Apr 20, 2017 $2,737.48 657640 10623 STATE BOARD OF EQUALIZATION Apr 20, 2017 $3,500.34 657641 21314 TICOR TITLE COMPANY INC Apr 20, 2017 $4,226.50 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 82 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657642 20601 VRIZON WIRELESS Apr 20, 2017 $25.02 657646 20601 VRIZON WIRELESS Apr 20, 2017 $9,981.56 657647 20601 VRIZON WIRELESS Apr 20, 2017 $2,434.43 657648 20601 VRIZON WIRELESS Apr20, 2017 $1,600.79 657649 20601 VRIZON WIRELESS Apr 20, 2017 $673.28 657650 20601 VRIZON WIRELESS Apr 20, 2017 $25.02 657651 70337 ALVARADO, JAIME Apr 21, 2017 $4,595.00 657652 70228 AMERICAN CROWN CIRCUS INC Apr 21, 2017 $969.00 657653 70087 BAKERSFIELD ELEMENTARY Apr 21, 2017 $250.00 657654 10037 BOSSMAN °S SALES Apr 21, 2017 $26.00 657655 10037 COLOR ME PAD Apr 21, 2017 $454.00 657656 70338 DWALT CORPORATION Apr 21, 2017 $185.00 657657 10037 DIONYSUS BREWING LLC Apr 21, 2017 $300.00 657658 24281 DUNN -MONK, DEBRA Apr 21, 2017 $126.00 657659 10037 EDWIN SH A Apr 21, 2017 $200.00 657660 10047 EL SOL DE GUADALAJARA Apr 21, 2017 $51.57 657661 10037 ERANDY FRIAS Apr 21, 2017 $200.00 657662 10037 EXPRESS PROS Apr 21, 2017 $363.21 657663 10037 FRATERNAL ORDER OF THE EAGLE Apr 21, 2017 $207.00 657664 10047 GALLARDO, ANTONIO Apr 21, 2017 $47.46 657665 10047 GOMZ, EDGAR Apr 21, 2017 $260.48 657666 3427 GRAINGR INC, W W Apr 21, 2017 $148.30 657667 3452 GRAYBAR ELECTRIC COMPANY Apr 21, 2017 $2,155.42 657668 10047 JFM INVESTMENT PROPERTIES LLC Apr 21, 2017 $60.68 657669 10037 KMIRA Apr 21, 2017 $200.00 657670 4435 KERN COUNTY CLERKS Apr 21, 2017 $250.00 657671 4581 KERN ELECTRIC DISTRIBUTORS Apr 21, 2017 $1,304.61 657672 4680 KERN RIVER POWER EQUIPMENT INC Apr 21, 2017 $953.39 657673 10047 LA TAPATIA RESTAURANT Apr 21, 2017 $532.08 657674 10037 LAZARO PAUL RIVRA CASAS Apr 21, 2017 $126.00 657675 10037 MARIE CASTLUM Apr 21, 2017 $200.00 657676 70214 QUINTANA, DAVID Apr 21, 2017 $957.00 657677 10047 RAM -Z -FAM INC Apr 21, 2017 $1,351.88 657678 70025 ROBO PLUMBING Apr 21, 2017 $326.00 657679 10037 SC ANDERSON Apr 21, 2017 $178.00 657680 22891 SHANKL , BRANDON Apr 21, 2017 $2,952.01 657681 10047 SIGL TRUST Apr 21, 2017 $95.39 657682 10037 STEWARDS INC Apr 21, 2017 $250.00 657684 7933 HOME DEPOT Apr 21, 2017 $1,283.53 657686 7933 HOME DEPOT Apr 21, 2017 $2,129.03 657691 4740 KERN TURF SUPPLY Apr 21, 2017 $7,662.29 657693 15624 LOW 'S HOME IMPROVEMENT Apr 21, 2017 $2,968.84 657696 6114 PACIFIC GAS & ELECTRIC COMPANY Apr 21, 2017 $136,384.20 657697 10204 ASSOCIATION BKFD POLICE OFFICER FCU Apr 21, 2017 $14,466.05 657698 10211 BAKERSFIELD FIREMEN Apr 21, 2017 $9,050.33 657699 10200 BAKERSFIELD FIREMEN RELIEF ASS Apr 21, 2017 $8,570.06 657700 10203 BAKERSFIELD POLICE BENEFIT Apr 21, 2017 $24,745.50 657701 10205 MUTUAL BENEFIT ASSOCIATION Apr 21, 2017 $1,995.86 657702 26810 RLIASTAR LIFE INSURANCE CO Apr 21, 2017 $871.83 657703 22324 SIU LOCAL 521 Apr 21, 2017 $20,606.25 657704 17100 AFROS ENVIRONMENTAL INC Apr 27, 2017 $2,985.00 657705 11898 ALAM DA COUNTY SHERIFFS OFFICE Apr 27, 2017 $1,098.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 83 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657706 10158 ALEXANDER, SUSAN Apr 27, 2017 $40.53 657707 19496 ALL PRO CLEANING SERVICE Apr 27, 2017 $600.00 657708 160 ALL THAT LETTERING SIGN COMPNY Apr 27, 2017 $475.00 657709 16995 ALPINE TREE & TRACTOR SERVICE Apr 27, 2017 $248.00 657710 23588 ALUMINUM CHUCK WAGON Apr 27, 2017 $1,892.45 657711 28369 ALVARZ, LUIS Apr 27, 2017 $126.00 657712 15461 ALVIDRZ, TONY M Apr 27, 2017 $42.50 657713 212 AMERICAN DATAVAULT INC Apr 27, 2017 $130.60 657714 26835 AMERICAN RED CROSS-HEALTH & Apr 27, 2017 $1,363.00 657715 17585 AMRINATIONAL COMMUNITY SRV INC Apr 27, 2017 $1,156.81 657716 359 ANDERSON, ALLEN M Apr 27, 2017 $35.53 657717 11517 ANSON, GARY Apr 27, 2017 $42.50 657718 13049 ARMA COATINGS OF BAKERSFIELD Apr 27, 2017 $402.19 657719 24927 ARRIBILLAGA, ROSEMARIE Apr 27, 2017 $42.50 657720 514 AUSTIN, MARK W Apr 27, 2017 $42.50 657721 541 AVALOS, JOHN Apr 27, 2017 $42.50 657722 25180 B & R SUPPLY INC Apr 27, 2017 $106.71 657723 25940 BACA, ANTHONY Apr 27, 2017 $126.00 657724 675 BAKERSFIELD CALIFORNIAN Apr 27, 2017 $3,098.54 657725 18846 BAKERSFIELD CHRYSLER JEEP MAZDA Apr 27, 2017 $135.00 657726 10320 BAKERSFIELD HOMELESS CENTER Apr 27, 2017 $22,035.24 657727 618 BAKERSFIELD PLASTICS INC Apr 27, 2017 $275.12 657728 857 BAKERSFIELD S P C A Apr 27, 2017 $65,390.00 657729 875 BAKERSFIELD TRUCK CENTER Apr 27, 2017 $565.55 657730 557 BARC Apr 27, 2017 $17.50 657731 13424 BARNES WELDING SUPPLY Apr 27, 2017 $197.82 657732 945 BARNTT °S TOWING SERVICE INC Apr 27, 2017 $495.00 657733 14470 BAUR COMPRESSORS INCORPORATED Apr 27, 2017 $1,150.00 657734 306 BARCAT MFG INC Apr 27, 2017 $2,891.22 657735 15209 BRTRAND, FLOYD Apr 27, 2017 $42.50 657736 28231 BIG BRAND TIRE CO Apr 27, 2017 $170.73 657737 23444 BILLINGSLEY, MATTHEW Apr 27, 2017 $138.00 657738 29237 BLACK, JOHNNY Apr 27, 2017 $63.00 657739 1111 BLACKBURN, CLO Apr 27, 2017 $42.50 657740 1107 BLACKBURN, CLINT Apr 27, 2017 $160.00 657741 602 BNI BUILDING NEWS Apr 27, 2017 $80.39 657742 28341 BOB'S AUTO GLASS INC Apr 27, 2017 $250.71 657743 1175 BOBS WHOLESALE AUTO GLASS Apr 27, 2017 $125.00 657744 15538 BOLLS NURSERY LANDSCAPE Apr 27, 2017 $64.35 657745 22817 BORN AGAIN BODYWORKS Apr 27, 2017 $1,851.83 657746 1249 BRANDCO Apr 27, 2017 $638.14 657747 23051 BRNNTAG PACIFIC Apr 27, 2017 $206.00 657748 24464 BROWN, CLAUDE Apr 27, 2017 $126.00 657749 23462 BSW ROOFING CONTRACTORS INC Apr 27, 2017 $2,450.00 657750 10267 BUDGET BOLT INC Apr 27, 2017 $138.19 657751 23090 BURTONS FIRE INC Apr27, 2017 $1,161.23 657752 14224 BUXTON, DON Apr 27, 2017 $15.55 657753 1463 CADNA, JAKE Apr 27, 2017 $42.50 657754 1477 CAL VALLEY EQUIPMENT INC Apr 27, 2017 $245.00 657755 1694 CALIFORNIA WATER SERVICE Apr 27, 2017 $49,379.69 657756 1695 CALIFORNIA WATER SERVICE CO Apr 27, 2017 $596,863.25 657757 1695 CALIFORNIA WATER SERVICE CO Apr 27, 2017 $85,400.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 84 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657758 1771 CARROLL, EUGENE J Apr 27, 2017 $42.50 657759 29189 CCU DEMOLITION Apr 27, 2017 $555.00 657760 1888 CHAMPION HARDWARE Apr 27, 2017 $39.15 657761 24939 CLASON, GREG Apr 27, 2017 $95.00 657762 28762 COFFY MGT LLC Apr 27, 2017 $295.89 657763 12236 COLBURN, SCOTT Apr 27, 2017 $42.50 657764 15997 COLW LL, SHIRM Y A Apr 27, 2017 $15.55 657765 27509 CONTRRAS, ANGEL Apr 27, 2017 $252.00 657766 2224 CORE, FLORN R Apr 27, 2017 $42.50 657767 4433 COUNTY OF KERN ENVIRONMENTAL Apr 27, 2017 $12,565.70 657768 27684 COURTHOUSE NEWS SERVICE Apr 27, 2017 $225.00 657769 10697 CRAWFORD, KAREN Apr 27, 2017 $42.50 657770 10285 CRIDR CONSTRUCTION INC Apr 27, 2017 $59,103.41 657771 27839 CRITTERS WITHOUT LITTERS Apr 27, 2017 $2,960.00 657772 2253 CULLIGAN WATER CONDITIONING Apr 27, 2017 $235.20 657773 2261 CUNNINGHAM, TERRY Apr 27, 2017 $35.53 657774 19185 CYCLE GEAR INC Apr 27, 2017 $429.00 657775 25063 DANIEL JR, ALBRTO Apr 27, 2017 $126.00 657776 25337 DAVS FLEET MAINT & TOWING INC Apr 27, 2017 $170.00 657777 2396 DAVIS, GLEN Apr 27, 2017 $250.00 657778 17478 DAVISSON, KARL Apr 27, 2017 $12.00 657779 2435 DE LAURIE, JERRY Apr 27, 2017 $42.50 657780 11430 DEEM, JEWELL Apr 27, 2017 $25.54 657781 2442 D LAN Y & AHLF DIESEL SERVICE INC Apr 27, 2017 $3,257.01 657782 2469 DEPARTMENT OF JUSTICE Apr 27, 2017 $49.00 657783 24854 DWY PEST CONTROL INC Apr 27, 2017 $250.00 657784 25634 DIMBRG, LAUREN Apr 27, 2017 $10.56 657785 1048 DLT SOLUTIONS LLC Apr 27, 2017 $1,929.00 657786 2630 DOYL, MIKE Apr 27, 2017 $42.50 657787 2752 ELBERT DISTRIBUTING Apr 27, 2017 $187.69 657788 27898 ELECTRICAL SYSTEMS & INST INC Apr 27, 2017 $1,058.32 657789 2811 ENTENMANN ROVIN CO Apr 27, 2017 $223.31 657790 29111 ENVIROTEK CORPORATION Apr 27, 2017 $4,843.96 657791 23720 ERNEST PACKING SOLUTIONS INC Apr 27, 2017 $1,106.91 657792 2830 EWING IRRIGATION PRODUCTS Apr 27, 2017 $226.48 657793 21894 F P D REGIONAL TRAINING CTR Apr 27, 2017 $449.00 657794 2901 FDX Apr 27, 2017 $187.26 657795 2925 FIDLER, DENNIS Apr 27, 2017 $42.50 657796 2928 FIDLER, KEVIN Apr 27, 2017 $6,238.00 657797 19657 FIRST CHOICE SERVICES INC Apr 27, 2017 $159.13 657798 17280 FISHMAN, LYUDMILA Apr 27, 2017 $198.15 657799 25339 FLEET SERVICES TOWING INC Apr 27, 2017 $70.00 657800 1046 FLINT TRADING INC Apr 27, 2017 $2,054.18 657801 27788 FLOW N CONTROL INC Apr27, 2017 $1,100.22 657802 3028 FLOYDS GENERAL STORE Apr 27, 2017 $844.59 657803 19591 FORK LIFT SPECIALTIES INC Apr 27, 2017 $3,163.01 657804 29238 FOX, PERRY Apr 27, 2017 $189.00 657805 11696 FRAL Y, DEBORAH Apr 27, 2017 $42.50 657806 29018 FRUITVALE AUTOMOTIVE Apr 27, 2017 $1,337.62 657807 29301 GIGO AS SUBROGEE FOR Apr 27, 2017 $10,948.55 657808 28064 GENERAL TREE SERVICE INC Apr 27, 2017 $2,385.00 657809 12742 GEORGE, PRESTON Apr 27, 2017 $42.50 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 85 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 14 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657810 14964 GIBSON, BOB G Apr 27, 2017 $42.50 657811 3360 GILLBURG, GEORGE Apr 27, 2017 $42.50 657812 3358 GILLIAM & SONS INC Apr 27, 2017 $13,870.00 657813 3403 GOLDEN STATE PTRBILT Apr 27, 2017 $345,780.23 657814 3452 GRAYBAR ELECTRIC COMPANY Apr 27, 2017 $1,248.37 657815 24247 DREGS PETROLEUM SERVICES INC Apr 27, 2017 $2,137.96 657816 22029 GRWAL, NAVDIP Apr 27, 2017 $95.00 657817 24693 GRUBBS, JOSH Apr 27, 2017 $126.00 657818 15907 GUIDANCE SOFTWARE INC Apr 27, 2017 $523.64 657819 3538 DUSTIN, WNDLL Apr 27, 2017 $18.05 657820 24139 GUTI RR Z TIRE & WHEEL INC Apr 27, 2017 $1,302.13 657821 3569 H & S BODY WORKS & TOWING Apr 27, 2017 $440.00 657822 3579 HACH COMPANY Apr27, 2017 $1,996.00 657823 25970 HACK R, ROBERT Apr 27, 2017 $42.50 657824 11942 FALL, DENNIS Apr 27, 2017 $42.50 657825 3660 HARBOR FREIGHT TOOLS Apr 27, 2017 $347.54 657826 18859 HAYSL TT, BR NT Apr 27, 2017 $380.84 657827 10355 FRC RENTALS INC Apr 27, 2017 $718.47 657828 14753 FRDIA, MARTIN Apr 27, 2017 $660.00 657829 3770 FRRRA, FRANK R Apr 27, 2017 $42.50 657830 7933 HOME DEPOT Apr 27, 2017 $825.18 657831 11438 HUNTINGTON, LORRAINE Apr 27, 2017 $42.50 657832 20621 ICF JONES & STOKES INC Apr 27, 2017 $36,173.31 657833 20795 IPC USA INC Apr 27, 2017 $22,946.06 657834 28917 JAN -PRO CLEANING SYSTEMS Apr 27, 2017 $1,365.00 657835 24194 JOHNSON, CLARISSE Apr 27, 2017 $42.50 657836 4243 JORGNSN & CO Apr 27, 2017 $270.12 657837 28989 K & I SERVICES INC Apr 27, 2017 $7,450.00 657838 26066 KARR, STEVEN Apr 27, 2017 $63.00 657839 27671 KLLR, MAXINE Apr 27, 2017 $42.50 657840 22379 KMIRA WATER SOLUTIONS INC Apr 27, 2017 $4,960.42 657841 19570 KERN COUNTY RECORDER Apr 27, 2017 $60.00 657842 4577 KERN DELTA WATER DIST Apr 27, 2017 $5,879.16 657843 4581 KERN ELECTRIC DISTRIBUTORS Apr 27, 2017 $3,904.24 657844 7492 KERN MACHINERY INC Apr 27, 2017 $400.40 657845 4680 KERN RIVER POWER EQUIPMENT INC Apr 27, 2017 $32.35 657846 4740 KERN TURF SUPPLY Apr 27, 2017 $5,382.70 657847 21175 KISBY, KAREN Apr 27, 2017 $42.50 657848 4861 KISCO SALES INC Apr 27, 2017 $1,240.06 657849 4875 KNIGHTS PUMPING & PORTABLE SVC INC Apr 27, 2017 $360.00 657850 29173 KOTNSKI, LAMIRL Apr 27, 2017 $3.06 657851 4931 KULLRICH, DAN Apr 27, 2017 $20.55 657852 12552 KURB KUT Apr 27, 2017 $150.00 657853 14219 L A GRINDING INC Apr 27, 2017 $70.00 657854 29268 LAWSON PRODUCTS INC Apr 27, 2017 $479.44 657855 12553 LEAGUE OF CALIFORNIA CITIES Apr 27, 2017 $25.00 657856 22408 LHR AUTO ELECTRIC Apr 27, 2017 $403.47 657857 12054 LIVERMORE, PATRICIA Apr 27, 2017 $15.55 657858 5163 LOPEZ, FRANK Apr 27, 2017 $42.50 657859 24061 MAHAFFY, BOBBY Apr 27, 2017 $42.50 657860 29239 MALDONADO, JAVIR Apr 27, 2017 $63.00 657861 27933 MALLORY SAFETY & SUPPLY LLC Apr 27, 2017 $5,480.13 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110117 CC AGENDA PACKET PG 86 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 15 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657862 29198 MARTINZ, RICARDO Apr 27, 2017 $120.00 657863 29058 MAYO MFG INC Apr 27, 2017 $226,758.68 657864 16016 MCINTOSH & ASSOCIATES Apr 27, 2017 $3,549.50 657865 7064 MERCHANTS PRINTING & ENVELOPE Apr 27, 2017 $217.72 657866 19252 MEYER CIVIL ENGINEERING INC Apr 27, 2017 $2,403.00 657867 24077 MICH L AUTO TECH Apr 27, 2017 $303.24 657868 1316 MICHELIN NORTH AMERICA INC Apr 27, 2017 $2,124.20 657869 5547 MINUTEMAN PRESS Apr 27, 2017 $2,434.32 657870 28768 MKN & ASSOCIATES INC Apr 27, 2017 $3,671.53 657871 28984 MORALES & MORALES GARDENING Apr 27, 2017 $2,700.00 657872 28454 MORMASTRO TRANSPORTAT INC Apr 27, 2017 $2,450.00 657873 10600 MOYR, MICKEY D. Apr 27, 2017 $42.50 657874 29240 MUMMRT, JASN Apr 27, 2017 $63.00 657875 5870 NB SALES & SERVICES Apr 27, 2017 $45.84 657876 22058 NET TRANSCRIPTS, INC. Apr 27, 2017 $430.40 657877 5896 NEWTON, KENNETH RAY Apr 27, 2017 $42.50 657878 20361 NOSSAMAN LLP Apr 27, 2017 $8,277.99 657879 15651 NSI SOLUTIONS INC Apr 27, 2017 $780.00 657880 28687 NV5 INC Apr 27, 2017 $23,144.58 657881 11448 O'KAN, CLYDE Apr 27, 2017 $42.50 657882 24279 O'RILLY AUTO PARTS Apr 27, 2017 $240.27 657883 6022 ORTIZ, JULIO P. Apr 27, 2017 $15.55 657884 14352 OWN, CAROL Apr 27, 2017 $20.55 657885 27975 OWN, M ROSE Apr 27, 2017 $35.53 657886 14515 OXLY'S PEST CONTROL INC Apr 27, 2017 $90.00 657887 6448 P T O SALES CORP / TRUCKPRO LLC Apr 27, 2017 $499.63 657888 11450 PAINTER, JULIA Apr 27, 2017 $42.50 657889 29302 PAK MAIL 0525 Apr 27, 2017 $142.96 657890 27386 PATRIOT ENVIRONMENTAL SERVICES Apr 27, 2017 $850.00 657891 24029 PAYLSS TOWING Apr 27, 2017 $35.00 657892 27046 PETERSON CORP Apr 27, 2017 $24,441.65 657893 27514 PHILLIPS, CHARLIE Apr 27, 2017 $126.00 657894 11451 PHILLIPS, SHIRLEY A Apr 27, 2017 $42.50 657895 6341 PHYSICIANS AUTOMATED LAB INC Apr 27, 2017 $208.00 657896 6376 PIONEER PAINT Apr 27, 2017 $3,625.70 657897 27911 PORTERVILLE FORD Apr 27, 2017 $811.48 657898 178 PRAXAIR DISTRIBUTION INC Apr 27, 2017 $376.22 657899 29246 PRECISION DISPOSABLE PRODUCTS INC Apr 27, 2017 $210.21 657900 26854 PUBLIC SAFETY VOLUNTEER INSTITUTE Apr 27, 2017 $504.00 657901 26530 R BRUCE WALKER ED D INC Apr 27, 2017 $250.00 657902 24266 RANDALL, DOUGLAS Apr 27, 2017 $80.00 657903 20713 RANDY'S TOWING Apr 27, 2017 $35.00 657904 3249 RAY GASKIN SERVICE INC Apr 27, 2017 $56.02 657905 6682 RAYMONDS TROPHY AND AWARDS Apr 27, 2017 $438.60 657906 18891 ROARK, MELISSA Apr27, 2017 $1,444.81 657907 28060 ROBERTS, EMMA Apr 27, 2017 $42.50 657908 22689 RODRIGU, STEVEN Apr 27, 2017 $94.70 657909 6915 ROUND -UP FEED AND PET SUPPLY Apr 27, 2017 $66.48 657910 23176 RR DONNELLEY CO INC Apr 27, 2017 $1,930.50 657911 10644 SADL R, JOHNNY Apr 27, 2017 $10.56 657912 24306 SAFARILAND Apr 27, 2017 $876.49 657913 10249 SAN JOAQUIN TRACTOR CO INC Apr 27, 2017 $3,810.77 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110117 CC AGENDA PACKET PG 87 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 16 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657914 7133 SC COMMUNICATIONS INC Apr 27, 2017 $3,465.00 657915 27361 SC FUELS Apr 27, 2017 $20,501.06 657916 7357 SH RMAN, THOMAS Apr 27, 2017 $42.50 657917 7351 SHIP S, HENRY Apr 27, 2017 $42.50 657918 26203 SIERRA CONST 8t EXCAVATION INC Apr 27, 2017 $10,673.41 657919 18005 SLATER PLUMBING & MECHANICAL Apr 27, 2017 $3,974.80 657920 7434 SMART & FINAL IRIS COMPANY Apr 27, 2017 $276.50 657921 26043 SMITH, MATTHEW Apr 27, 2017 $180.00 657922 7493 SNYD R, RH NDA Apr 27, 2017 $13.05 657923 11566 SOIL CONTROL LAB INC Apr 27, 2017 $3,874.00 657924 27951 SOLNIS LLC Apr 27, 2017 $60,884.75 657925 29272 SOLVIX SOLUTIONS Apr 27, 2017 $15,444.00 657926 11907 SPARKLTTS /SIERRA SPRINGS Apr 27, 2017 $22.17 657927 25502 SPARTAN TRUCK CO INC Apr 27, 2017 $507.28 657928 25140 SPECIAL SERVICES GROUP LLC Apr 27, 2017 $1,200.00 657929 7586 SPECIALTY TRIM & AWNING INC Apr 27, 2017 $240.00 657930 28163 SWITZ R, PHILIP Apr 27, 2017 $63.00 657931 20708 T & T PAVEMENT MARKINGS Apr 27, 2017 $7,285.84 657932 25338 TEN EIGHT TOW INC Apr 27, 2017 $35.00 657933 851 TNNANT COMPANY Apr 27, 2017 $334.62 657934 20357 TUTIMZ, DONALD Apr 27, 2017 $42.50 657935 19961 THE HON COMPANY -C /O STINSONS Apr 27, 2017 $528.53 657936 12235 TOO FAT SANDWICHES Apr 27, 2017 $56.00 657937 22218 TOPT, LUIS Apr 27, 2017 $171.89 657938 15426 TORRS, FRED Apr 27, 2017 $250.00 657939 26861 TORR S, SHIRLEY Apr 27, 2017 $42.50 657940 21369 TRANS -WEST SECURITY INC Apr 27, 2017 $4,919.50 657941 21305 TREK DIGITAL PRODUCTS INC Apr 27, 2017 $77.97 657942 28873 TRUSTEDSITE Apr 27, 2017 $2,541.00 657943 245 TURK'S KERN COPY INC Apr 27, 2017 $104.76 657944 15212 U.S. BEHAVIORAL HEALTH PLAN Apr 27, 2017 $1,112.65 657945 22485 UNITK COMPUTER STORE Apr 27, 2017 $3,280.87 657946 24193 URSIN, MARGARET Apr 27, 2017 $42.50 657947 27086 VALNTI, MARY Apr 27, 2017 $450.00 657948 8478 VALLEY DECAL INC Apr 27, 2017 $999.57 657949 8520 VALLEY POWER SYSTEMS, INC Apr 27, 2017 $78.51 657950 29174 VALLIANT, JOHN Apr 27, 2017 $30.54 657951 26060 VANGUARD CLEANING SYSTEMS INC Apr 27, 2017 $660.00 657952 28702 VILLARRAL, JESSICA Apr27, 2017 $1,783.00 657953 17940 VINCENT, LESLIE Apr 27, 2017 $42.50 657954 29285 VOOM TECHNOLOGIES INC Apr 27, 2017 $2,054.05 657955 8400 VWR SCIENTIFIC Apr 27, 2017 $1,433.45 657956 23357 WALCK, CORA Apr 27, 2017 $42.50 657957 4141 WATTNBARGR DO IT CENTER Apr 27, 2017 $67.31 657958 27836 WATTREE, TRISHA Apr 27, 2017 $46.00 657959 14647 WAXIE SANITARY SUPPLY INC Apr 27, 2017 $1,717.15 657960 25253 W GIS, JONATHAN Apr 27, 2017 $260.00 657961 8878 WELLS ACOUSTICS Apr 27, 2017 $1,380.00 657962 26447 W STCOAST HYDRAULICS Apr 27, 2017 $7,886.54 657963 21212 WHITE CAP CONSTRUCTION SUPPLY Apr 27, 2017 $44.56 657964 9012 WILLIAMS, CATHRYN L. Apr 27, 2017 $10.56 657965 15380 WILLIAMS, ISABL Apr 27, 2017 $42.50 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110117 CC AGENDA PACKET PG 88 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 17 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 657966 28563 WILSONS INDUSTRIAL PUMP Apr 27, 2017 $15,242.80 657967 19876 WINTH R, EMILY Apr27, 2017 $1,225.56 657968 9052 WISHAM, DARLENE Apr 27, 2017 $42.50 657969 9244 ZP MANUFACTURING COMPANY Apr 27, 2017 $346.72 657970 28153 ZERBEE BUSINESS PRODUCTS Apr 27, 2017 $344.85 657971 22874 ZOLL DATA SYSTEMS INC Apr 27, 2017 $900.00 657972 28854 3C PAYMENT (USA) CORP Apr 27, 2017 $100.00 657973 537 A T & T Apr 27, 2017 $781.24 657974 28860 AT&T Apr 27, 2017 $1,052.78 657975 28860 AT&T Apr 27, 2017 $2,327.24 657977 78 ADVANCED DISTRIBUTION CO Apr 27, 2017 $6,319.02 657978 12516 AIMS Apr 27, 2017 $4,914.00 657979 13631 ARB /PRP Apr 27, 2017 $620.00 657980 10199 BAKERSFIELD CITY EMPLOYEE Apr 27, 2017 $1,952.50 657982 10320 BAKERSFIELD HOMELESS CENTER Apr 27, 2017 $54,753.60 657984 21172 BLACKHOLE TECHNOLOGIES INC Apr 27, 2017 $3,810.25 657987 1696 CALIFORNIA WATER SERVICE Apr 27, 2017 $20,577.89 657988 11937 CITY OF BAKERSFIELD Apr 27, 2017 $8,435.00 657989 2050 CLIFFORD & BROWN Apr 27, 2017 $16,000.00 657990 2959 FIRST AMERICAN TITLE COMPANY Apr 27, 2017 $26,409.50 657992 3427 GRAINGR INC, W W Apr 27, 2017 $2,031.64 657993 3983 INTERNATIONAL ASSOC OF CHIEFS Apr 27, 2017 $165.00 657995 15624 LOW 'S HOME IMPROVEMENT Apr27, 2017 $1,465.11 657996 12627 MARD ROSIAN & COH N Apr 27, 2017 $76,000.00 657997 14088 PACIFIC GAS & ELECTRIC Apr 27, 2017 $192.73 657998 6114 PACIFIC GAS & ELECTRIC COMPANY Apr 27, 2017 $6,385.13 657999 21314 TICOR TITLE COMPANY INC Apr 27, 2017 $4,137.40 658001 96 TYACK TIRES INC Apr 27, 2017 $2,107.92 658002 30002 MEDICAL EYE SERVICE COMPANY Apr 27, 2017 $5,107.69 658003 26810 RLIASTAR LIFE INSURANCE CO Apr 27, 2017 $3,657.40 658004 30027 U S BANK - PARS #6746022400 Apr 27, 2017 $2,385.30 658005 30029 UNITED CONCORDIA DENTAL PLANS OF CA Apr 27, 2017 $46,875.00 658006 30020 UNUM Apr 27, 2017 $5,287.58 9993726 10199 BAKERSFIELD CITY EMPLOYEE Apr 7, 2017 $188,902.00 9993727 24821 DEPARTMENT OF THE TREASURY Apr 7, 2017 $1,705.26 9993728 30014 EMPLOYMENT DEVELOPMENT DEPT Apr 7, 2017 $183,451.62 9993729 10217 1 C M A RETIREMENT TRUST - 303749 Apr 7, 2017 $53,629.68 9993730 30010 IRS Apr 7, 2017 $589,687.56 9993731 16863 NATIONWIDE RETIREMENT SOLUTIONS Apr 7, 2017 $100,265.86 9993732 20699 VANTAGPOINT TRANSFER AGENTS C/O Apr 7, 2017 $29,490.49 9993733 10206 STATE OF CALIF - PIERS Apr 13, 2017 $1,559,488.31 9993734 11811 WELLS FARGO BANK Apr 13, 2017 $67,058.03 9993735 30028 BLUE SHIELD OF CALIFORNIA Apr 14, 2017 $515,658.53 9993736 30021 KAISER PERMANENTE Apr 14, 2017 $193,585.96 9993739 25603 BANK OF AMERICA Apr 20, 2017 $521,088.83 9993740 30025 STATE DISBURSEMENT UNIT Apr 20, 2017 $18,714.88 9993741 11811 WELLS FARGO BANK Apr 20, 2017 $112,196.12 9993742 10199 BAKERSFIELD CITY EMPLOYEE Apr21, 2017 $191,510.00 9993743 24821 DEPARTMENT OF THE TREASURY Apr 21, 2017 $1,351.04 9993744 30014 EMPLOYMENT DEVELOPMENT DEPT Apr 21, 2017 $183,982.57 9993745 10217 1 C M A RETIREMENT TRUST- 303749 Apr 21, 2017 $53,579.68 9993746 30010 IRS Apr 21, 2017 $587,533.87 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 05110117 CC AGENDA PACKET PG 89 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 18 FROM 4/7/2017 to 4/27/2017 Check Vendor Number Number Vendor Name 9993747 16863 NATIONWIDE RETIREMENT SOLUTIONS 9993748 20699 VANTAGEPOINT TRANSFER A. 9993749 STATE CALIF PIERS 9993750 11811 WELLS FARGO BANK S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ Check Date Check Amount Apr 21, 2017 $100,005.86 Apr 21, 2017 $29,101.40 Apr 27, 2017 $1,554,866.44 Apr 27, 2017 $136,502.32 $18,904,915.89 05110/17 CC AGEN A PACKET FAG 9 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 4/7/2017 to 4/27/2017 E- Payable Vendor Number Number Vendor Name E- Payable Date E- Payable Amount 13111 57 ABATE A WEED Apr 13, 2017 $965.20 13112 63 ACE HYDRAULIC SALES & SERVICE Apr 13, 2017 $18.09 13113 8530 AMERIPRIDE UNIFORM SERVICES Apr 13, 2017 $1,729.38 13114 576 B & B SURPLUS Apr 13, 2017 $477.11 13115 575 B C LABORATORIES Apr 13, 2017 $12.00 13116 611 B S & E COMPANY INC Apr 13, 2017 $1,153.07 13117 1037 BERCHTOLD EQUIPMENT CO Apr 13, 2017 $52.79 13118 1163 BLUEPRINT SERVICE CO Apr 13, 2017 $161.54 13119 20747 CENTRAL SANITARY SUPPLY INC Apr 13, 2017 $120.59 13120 17239 CENTRAL VALLEY OCCUPATIONAL INC Apr 13, 2017 $564.55 13121 29 CENTRAL VALLEY TRUCK CENTER Apr 13, 2017 $2,916.80 13122 5147 COASTLINE EQUIPMENT Apr 13, 2017 $51.26 13123 2162 CONSOLIDATED ELECTRICAL DIST INC Apr 13, 2017 $3,057.45 13124 13912 DIRECT SAFETY SOLUTIONS INC Apr 13, 2017 $941.13 13125 2757 ELECTRIC MOTOR WORKS INC Apr 13, 2017 $514.66 13126 14055 FAST UNDERCAR LLC Apr 13, 2017 $438.93 13127 2874 FERGUSON ENTERPRISES INC Apr 13, 2017 $1,366.61 13128 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Apr 13, 2017 $1,705.24 13129 21739 GOLDEN EMPIRE TOWING INC Apr 13, 2017 $940.00 13130 3570 HAAKER EQUIPMENT COMPANY Apr 13, 2017 $125.93 13131 4171 JERRY & KEITHS INC Apr 13, 2017 $6,420.74 13132 1390 JIM BURKE FORD Apr 13, 2017 $1,903.79 13133 15694 DIMS TOWING INC Apr 13, 2017 $430.00 13134 23984 MECHANICAL DRIVES & BELTING INC Apr 13, 2017 $990.98 13135 453 MUNICIPAL MAINTENANCE EQUIP INC Apr 13, 2017 $5,820.90 13136 6555 QUINN COMPANY INC Apr 13, 2017 $16,973.13 13137 21873 RM INDUSTRIES INC Apr 13, 2017 $2,637.53 13138 12665 SAN JOAQUIN FENCE & SUPPLY Apr 13, 2017 $1,610.95 13139 28661 SERVEXO PROTECTIVE SERVICES Apr 13, 2017 $15,187.02 13140 19584 SMITH & SON TIRE INC Apr 13, 2017 $2,995.66 13141 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Apr 13, 2017 $2,385.30 13142 7670 STEWART ELECTRIC SUPPLY Apr 13, 2017 $657.88 13143 7685 STINSON STATIONERS Apr 13, 2017 $1,461.22 13144 7728 SULLY & SON HYDRAULICS INC Apr 13, 2017 $535.84 13145 15868 TEL TEC SECURITY SYSTEM INC Apr 13, 2017 $239.17 13146 13646 UNITED ROTARY BRUSH CORP Apr 13, 2017 $5,596.58 13147 63 ACE HYDRAULIC SALES & SERVICE Apr 20, 2017 $325.09 13148 152 ALL AUTOMATIC TRANSMISSION SER Apr 20, 2017 $506.18 13149 180 AMBER CHEMICAL INC Apr 20, 2017 $463.96 13150 8530 AMERIPRIDE UNIFORM SERVICES Apr 20, 2017 $7,480.38 13151 576 B & B SURPLUS Apr 20, 2017 $2,182.78 13152 575 B C LABORATORIES Apr 20, 2017 $349.00 13153 1037 BERCHTOLD EQUIPMENT CO Apr 20, 2017 $127.62 13154 1163 BLUEPRINT SERVICE CO Apr 20, 2017 $1,311.49 13155 1558 CALIFORNIA INDUSTRIAL RUBBER Apr 20, 2017 $603.51 13156 17239 CENTRAL VALLEY OCCUPATIONAL INC Apr 20, 2017 $1,130.94 13157 29 CENTRAL VALLEY TRUCK CENTER Apr 20, 2017 $8,210.24 13158 21220 CLEAN ENERGY INC Apr 20, 2017 $31,698.46 13159 5147 COASTLINE EQUIPMENT Apr 20, 2017 $95.58 13160 2162 CONSOLIDATED ELECTRICAL DIST INC Apr 20, 2017 $3,384.38 13161 14582 DAVE BANG ASSOCIATES INC Apr 20, 2017 $784.88 13162 13912 DIRECT SAFETY SOLUTIONS INC Apr 20, 2017 $477.99 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 05110/17 CC AGENDA PACKET PG 91 4/28/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 4/7/20}7iO4/77/20}7 s'poyoble Vendor Number Number Vendor Name s'poyoble Date s'poyobleAmoo,t 13163 13O88EJ WARD INCORPORATED Apr20.2017 $2,249.72 13164 2757 ELECTRIC MOTOR WORKS INC Apr20.2017 $357.10 13165 2745AEVOC>UA WATER TECHNOLOGIES Apr20.2017 $38.936.16 13166 14O55 FAST UNDERCARLLC Apr20.2017 $4.246J8 13167 2874 FERGUSON ENTERPRISES INC Apr20.2017 $3.187.86 13168 1G838G|BBS INTERNATIONAL TRUCK CTR.INC Apr20.2017 $1.74042 13169 2173A GOLDEN EMPIRE TOWING INC Apr20.2017 $1.160.00 13170 357OHAAKER EQUIPMENT COMPANY Apr20.2017 $232.72 13171 182G3 HUB CONSTRUCTION SPECIALTIES INC Apr20.2017 $86.87 13172 4171 JERRY &KBTHSINC Apr20.2017 $853.80 13173 13AO JIM BURKEFORD Apr20.2017 $4,748.78 13174 4178 JIM BURKE LINCOLN MERCURY Apr20.2017 $2.409.28 13175 15GA4J|MS TOWING INC Apr20.2017 $510.00 13176 453 MUNICIPAL MAINTENANCE EQUIP INC Apr20.2017 $841.93 13177 G555 QUINN COMPANY INC Apr20.2017 $4,222.77 13178 21873RM INDUSTRIES INC Apr20.2017 $2.307.53 13179 1A584 SMITH & SON TIRE INC Apr20.2017 $9.376.53 13180 147OO SOUTH COAST EMERGENCY VEHICLE SERV. Apr20.2017 $149.60 13181 25G57 STEEL UNLIMITED INC Apr20.2017 $2.651.69 13182 7G7OSTEVVART ELECTRIC SUPPLY Apr20.2017 $376.13 13183 7G85ST|NS[)NSTATIONERS Apr20.2017 $2.258.91 13184 7728 SULLY & SON HYDRAULICS INC Apr20.2017 $5.684.22 13185 273GG AMERICAN MESSAGING Apr26.2017 $17335 13223 57 ABATE AWEED Apr27.2017 $701J6 13224 G3 ACE HYDRAULIC SALES &SERVICE Apr27.2017 $698.66 13225 152 ALL AUTOMATIC TRANSMISSION SER Apr27.2017 $3.605.91 13226 853OAME0P0DEUNIFORM SERVICES Apr27.2017 $2.063.80 13227 57GB&BSURPLUS Apr27.2017 $111.01 13228 575BCLABORATORIES Apr27.2017 $1.070.00 13229 611 BS&E COMPANY INC Apr27.2017 $3.40336 13230 1O37BERCHTDLD EQUIPMENT C[) Apr27.2017 $232.00 13231 11G3 BLUEPRINT SERVICE C[) Apr27.2017 $2.11339 13232 1558 CALIFORNIA INDUSTRIAL RUBBER Apr27.2017 $824.96 13233 2O747 CENTRAL SANITARY SUPPLY INC Apr27.2017 $926.69 13234 2A CENTRAL VALLEY TRUCK CENTER Apr27.2017 $52443 13235 5147 COASTLINE EQUIPMENT Apr27.2017 $2.07148 13236 21G2 CONSOLIDATED ELECTRICAL 0STINC Apr27.2017 $3.891.61 13237 13Al2 DIRECT SAFETY SOLUTIONS INC Apr27.2017 $403.06 13238 13O88EJ WARD INCORPORATED Apr27.2017 $37741 13239 14O55 FAST UNDERCARLLC Apr27.2017 $93235 13240 2874 FERGUSON ENTERPRISES INC Apr27.2017 $2.290.20 13241 1G838G|BBS INTERNATIONAL TRUCK CTR.INC Apr27.2017 $163.00 13242 2173A GOLDEN EMPIRE TOWING INC Apr27.2017 $1.090.00 13243 21871 HD SUPPLY WATERWORKS Apr27.2017 $86.51 13244 182G3 HUB CONSTRUCTION SPECIALTIES INC Apr27.2017 $7.861.07 13245 4171 JERRY &KBTHSINC Apr27.2017 $434.58 13246 13AO JIM BURKEFORD Apr27.2017 $1.602.96 13247 4178 JIM BURKE LINCOLN MERCURY Apr27.2017 $383.27 13248 15GA4J|MS TOWING INC Apr27.2017 $1.060.00 13249 453 MUNICIPAL MAINTENANCE EQUIP INC Apr27.2017 $313.54 13250 G555 QUINN COMPANY INC Apr27.2017 $105.89 13251 12GG5 SAN JOAQU|N FENCE &SUPPLY Apr27.2017 $6.970.00 S:\Accounting\KAROL\Admin CoundK2017\COUNC|L-ADK8|N\ 05110/17 CCAGENDA PA CKET'PG 92 4/28/2017 CITY OF BAKERSFIELD - CHECK REGISTER FROM 4/7/2017 to 4/27/2017 E- Payable Vendor E- Payable Number Number Vendor Name Date 13252 698 SAN JOAQUIN INTERIORS Apr 27, 2017 13253 19584 SMITH & SON TIRE INC Apr 27, 2017 13254 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Apr 27, 2017 13255 25657 STEEL UNLIMITED INC Apr 27, 2017 13256 7670 STEWART ELECTRIC SUP'P'LY Apr 27, 2017 13257 7685 STINSON STATIONERS Apr 27, 2017 13258 15868 TEL TEC SECURITY SYSTEM INC Apr 27, 2017 13259 9010 WILLIAMS CLEANING SYSTEMS INC Apr 27, 2017 PAGE 3 $292,132.25 $19,197,048.14 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 05110117 CC AGENDA PACKET PG 93 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Resolutions c. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 4/27/2017 111-11 V 03 SUBJECT: Resolution in opposition to Assembly Bill 199. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: City staff, initially at the request of the local Home Builders Association, has been monitoring AB 199 (Chu, D-San Jose), which previously threatened to roll back the existing exemption from prevailing wage for private residential construction. The proposed bill has been since revised to preclude much of the initial concern; however, the current version still has the potential to impact several residential properties owned by the City of Bakersfield Successor Agency to the Redevelopment Agency. The proposed bill would expand the types of residential projects built on private property that are subject to prevailing wage to include any project built pursuant to a Successor Agency to redevelopment agency when acting in that capacity. The mandated prevailing wage could result in an increase on the total costs of new redevelopment projects on the City's successor agency owned properties. The attached map illustrates the 17 properties that could potentially be impacted by this proposed legislation. Therefore, City staff recommends adopting a resolution in opposition to the bill. F-11 1i all M I ��i 14 Ll k &I Description D ReSdUdOlrl i'in Qpposi'idoin of AB 199 D RDA Owned Properly Type Resokltblrl BackU IMateir4� 05110117 CC AGENDA PACKET PG 94 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD OPPOSING ASSEMBLY BILL 199 RELATED TO PAYMENT OF PREVAILING WAGE FOR PRIVATE RESIDENTIAL CONSTRUCTION WHEREAS, California Labor Code Section 1720 currently requires that all construction paid for in whole or in part with public funds be subject to payment of prevailing wage; and WHEREAS, Labor Code Section 1720 currently states that private residential projects built on private property are not subject to the requirements of payment of prevailing wage, unless the projects are built pursuant to an agreement with a state agency, redevelopment agency, or local public housing authority; and WHEREAS, AB 199 would expand the types of residential projects built on private property that are subject to prevailing wage to include any project built pursuant to a successor agency to redevelopment agency when acting in that capacity; and WHEREAS, AB 199's mandated prevailing wage could result in a potential increase on the total costs of new redevelopment projects in California; and WHEREAS, there are seventeen redevelopment properties in the City of Bakersfield that will be built in the near future and will be directly affected by AB 199's mandated prevailing wage; and WHEREAS, with the current crisis of undersupply, highest -in- the - nation housing costs, and exploding unaffordability ranking at the top of the state's most pressing political, social, and economic concerns, a proposal to add as much as forty to fifty percent to the cost of new redevelopment projects is ill - advised as it will hamper housing productions and make housing more expensive and out of reach for an ever - growing number of Californians. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. - Page 1 of 2 Pages - 05110117 CC AGENDA PACKET FCC 95 2. The Council opposes Assembly Bill 199 for the reasons set forth above. 3. Copies of this Resolution shall be transmitted to Assemblyman Chu and any other members of the California Legislature as deemed appropriate. - -- 000---- - - - - -- AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, --- - - - - -, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRIDIANA GALLARDO -KING Associate City Attorney VGK:Isc S: \COU NCI L \Resos\ 16- 17 \OpposeAB 199.Preval Wage.docx - Page 2 of 2 Pages - 05110/17 CC ACEN A PACKET FCC 9 AB 199 KEY N PROPERTIES AFFECTED (17) A cm ; Miles IIIII� uu uuuuuui uui uu0 Wards Boundary CITY OF BAKERSFIELD City Limits 0 0.25 0.5 Document Name_ 2017 04 01 ab199 00209126 �� uuu VIII � Q"��„ n, G uuaou _ —- i�ulw =_ _ uuuuui141111 mm won IIII I IE■ 148011 1 0 0 6 3 6 0 23 00651011 00651012 00651004 w ��muuuilm� iuuu�mi�m��z�muuuul ui�z�uum a 01804070 z um R� aluF uuuuuul uu uul _O- z 01822001 z 2L1 r -- -- — 01822002 01811209 13934110 - - -- 01822031 z / 13936014 Z 01825026 z 13942206 o E BRU -- 13943107 --- - - - - -- 0 ��muuuilm� iuuu�mi�m��z�muuuul ui�z�uum c� z 2GINIA AVE iuuuuuuiuuiuuiuuuuuuiuuiuuiuuuulVllP! ��, ��, 4�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII61Ih���N 0 LN 17204208 E PLANZ RD 05110/17 CC A GENDA PACKET FAG 97 ���� um R� aluF uuuuuul uu uul IIIVI MA DO z �IIII O 0 IBM z U - - - - -- WATTS DR_ ,� .,u�uouuu�uuuio�uuuuuuuuluul ������� �? i c� z 2GINIA AVE iuuuuuuiuuiuuiuuuuuuiuuiuuiuuuulVllP! ��, ��, 4�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII61Ih���N 0 LN 17204208 E PLANZ RD 05110/17 CC A GENDA PACKET FAG 97 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Resolutions d. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 4/28/2017 111-11 V 03 SUBJECT: Resolution determining that wellhead treatment facilities, piping, engineering service, construction services, and other ancillary support services cannot be reasonably obtained through the usual bidding procedures, and authorizing the Finance Director to dispense with bidding thereof and enter into contracts to purchase necessary equipment and procure engineering and construction services for large- scale TCP Mitigation Project. 11:12 0 LTi I L, ri 1: QN I DTA d 10NN Staff recommends adoption of the resolution. BACKGROUND: In July 2016, the State Water Resources Control Board Division of Drinking Water (DDW) announced its intention to establish a new maximum contaminant level (MCL) for the synthetic organic chemical known as 1, 2,3-trichloro propane (TCP). TCP is a chemical previously used as a cleaning and degreasing solvent and is also associated with pesticide products. The DDW has proposed an MCL of 5 parts per trillion (ppt). The proposed MCL is currently in draft form and is expected to be adopted by the State Water Board sometime in late spring/summer 2017. In addition, the anticipated implementation schedule for the new regulation requires water purveyors to begin sampling for TCP in its groundwater wells during the first quarter of 2018. Compliance with the new MCL will be based on running annual averages of the four quarterly samples. Water purveyors with wells having TCP levels more than four times the MCL value will be out of compliance after the first sample result is reported. The City operates 64 groundwater wells, in which 41 currently exceed the proposed new MCL for TCP. Based on the proposed MCL of 5 ppt, at least 29 wells would be out of compliance after the first quarterly sample in 2018, and 19 would be classified as extremely impaired sources. On November 16, 2016, City Council approved an emergency consultant agreement with Provost & Pritchard Consulting Group to develop a comprehensive planned approach that would ensure water quality and peak hour demands are met. This study included engineering services, water modeling efforts, prioritization of wells, communication with wellhead treatment vendors, 05110117 CC AGENDA PACKET PG 98 and developing construction, and operation and maintenance costs estimates for budgeting and planning purposes. The City now intends to initiate the next phase of the project in an effort to meet the water quality standards required by the IDIDW. Staff requests City Council approve an emergency dispense with bidding resolution in accordance with Section 3.20.060 of the Bakersfield Municipal Code to procure wellhead treatment facilities, piping, engineering services, construction services, and ancillary services. This will allow for vessel procurement, granular activated carbon procurement, engineering services, contractor and installation services, design/building contractor, construction management, and miscellaneous ancillary support and equipment related to procurement and installation for treatment for TCP removal. All agreements necessary for this project which exceed the threshold for department contracts will be brought before City Council for consideration at future meetings. Simultaneously, the City is engaged in litigation with the parties responsible for the TCP contamination. It is possible, but not certain, that some of the treatment costs will be recovered from this action. Should the IDIDW implement the new regulations as expected, a user rate increase will be necessary to implement the necessary capital and operating components. The exact amount of such an increase will become clearer as the IDIDW plan is finalized and the litigation moves forward. Initial information indicates the increase will likely be considered significant in comparison to past rate changes. ATTACHMENTS: Description D ReSdUdOlrl Type Resokltblrl 05110/17 CC AGENDA PACKET PG 99 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DISPENSING WITH BIDDING PROCEDURES DUE TO EMERGENCY TCP MITIGATION PROJECT FOR THE CITY OF BAKERSFIELD DOMESTIC WATER SYSTEM. WHEREAS, on July 20, 2016, the State Water Resources Control Board Division of Drinking Water (DDW) announced their proposal to promulgate a new maximum contaminant level (MCL) for the synthetic organic chemical (SOC) 1,2,3- trichloropropane (TCP); and WHEREAS, the DDW has proposed an MCL of 5 parts per trillion; and WHEREAS, the City of Bakersfield operates 64 groundwater wells, of which 41 are contaminated with TCP at levels exceeding the proposed MCL; and WHEREAS, the anticipated implementation schedule for the new regulation requires utilities to begin sampling for TCP in their groundwater wells during the first quarter of 2018; and WHEREAS, compliance will be based on running annual averages of the four quarterly samples. Utilities with wells having TCP levels more than four times the MCL value will be out of compliance after the first sample result is reported; and WHEREAS, at least 29 wells are likely to be out of compliance after the first quarterly sample in 2018, and 19 would be classified as extremely impaired sources; and WHEREAS, in order to comply with the new proposed MCL, and to protect the health of the public, the City intends to install wellhead treatment at each of the 41 contaminated wells. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 05110117 CC AGENDA PACKET FCC 1 2. Based on the facts included in the above recitals, engineering consulting support, design /build contracting, vendor supplies, construction installation performed by various contractors, and necessary ancillary services are of urgent necessity for the preservation of life, health or property, thereby allowing the dispensing of bidding requirements as set forth in Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code. 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. 05110117 CC AGENDA PACKET FCC 101 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: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNIL MEMBER KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney lys RICHARD IGER Deputy City Attorney Christopher Gerry ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 05110/17 CC ACEN A PACKET IBC 102 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Resolutions e. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 4/17/2017 111-11 V 03 SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on April 10, 2017, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION Ward 1 1.440 E. Belle Terrace A 2.440 E. Belle Terrace C 3.420 S. Brown Street 4. 1020 S. Brown Street 5. 205 E. California Avenue 6. 142 Clifton Street 7. 801 Collins Way 8. 114 Dr. Martin Luther King Jr. Blvd 9. 234 Dr. Martin Luther King Jr. Blvd 10. 238 Dr. Martin Luther King Jr. APN COST 169-140-01-00-4 $2,316.00 169-150-01-00-7 $2,586.00 019-072-02-00-7 $761.00 019-051-10-00-7 $1,141.00 139-052-02-00-6 $1,083.00 018-390-03-01-1 $333.00 019-041-07-00-6 $726.00 018-400-09-00-2 $118.00 018-410-04-00-0 $666.00 018-410-31-00-8 05110/17 CC AGENDA PACKET PG 1 03 Blvd. $666.00 11. 9 Kincaid Street 018-180-28-00-4 $716.00 12. 100 S. Owens Street 018-240-16-00-6 $118.00 13. 110 S. Owens Street 018-240-08-00-3 $721.00 14. 601 Pacheco Road #36 412-051-03-00-4 $333.00 15.1024 E. Planz Road 170-170-03-00-9 $1,061.00 16.1979 Potomac Avenue 019-122-09-00-2 $1,015.00 17. 1425 Ralston Drive 018-122-10-00-7 $118.00 18. 802 Union Avenue 139-191-01-00-7 $118.00 19. 705 S. Williams Street 019-122-06-00-3 $955.00 20. E. 51h Street 139-270-05-00-5 $118.00 21. 1123 61h Street 009-440-11-00-3 $333.00 22. 1404 E. 91h Street 018-061-29-00-9 $741.00 23. 1405 E. 91h Street 018-062-08-00-5 $741.00 Ward 2 24. 243 Bernard Street 012-200-01-00-8 $333.00 25. 507 Butte Street 016-430-04-00-2 $761.00 26. 211 Eureka Street 016-270-02-00-0 $518.00 27. 908 Eureka Street 017-270-14-00-2 $118.00 28. 3813 K Street 120-060-09-00-0 $731.00 29. 931 Monterey Street 015-360-06-00-1 $333.00 30. 225 Niles Place 014-050-05-00-1 $968.00 31. 724 Oregon Street 013-270-08-00-7 $898.00 32. 1619 E. Truxtun Avenue 017-490-05-00-0 $2,761.00 33.428 171h Street 006-124-27-00-4 $333.00 Ward 3 34. 3010 Harmony Drive 382-111-39-00-8 $936.00 Ward 5 35. 9619 Oldbury Court 392-422-07-00-5 $666.00 36. 8009 Selkirk Drive 380-212-07-00-7 $740.00 Ward 6 37.4220 Akers Road 404-061-05-00-4 $118.00 38. 2505 Sutton Place 355-362-14-00-7 $118.00 39. 3808 Thoreson Avenue 441-042-03-00-0 $333.00 Ward 7 40. 6400 Chester W Nimitz Street 372-292-04-00-3 $741.00 41. 6215 S H Street 372-303-33-00-6 $118.00 42. 2704 Villalovos Court 023-580-21-00-7 $118.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above-mentioned properties. 05110/17 CC A GEN PACKET PG 104 The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. F-11 Ii all M I ��i 14 LI k &I Description D ReSdUdOlrl D Dedairadoin D ExhbUk Type Resokltblrl Exhbt Exhbt 05110/17 CC A GEN PACKET PG 1 05 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST ENTRY OR FOR THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER AND AUTHORIZING COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on April 10, 2017, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield: 1. That the Chief Code Enforcement Officer caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A ", and made a part hereof by this reference. 2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit "A" are hereby confirmed. 3. The cost of the abatement on the properties as described in Exhibit "A ", are hereby made a lien and special assessment against said properties and the Chief Code Enforcement Officer is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1(b) -(c). 4. The assessments enumerated herein are not subject to Proposition 218. 5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1(c). 6. That the property owners named in said Exhibit "A" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1715 Chester Avenue, Bakersfield, California, at any time prior to the time the lien imposed 05110117 CC A EN A PACKET FAG 106 under Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below. 7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein. r1a 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 RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Christopher Gerry ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 0 05110117 CC AGENDA PACKET PG 107 EXHIBIT "A" REPORT AND ASSESSMENT LIST AND DECLARATION OF DAVID PAQUETTE IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibit "A ": I, David Paquette, declare: 1. I am the duly appointed Code Enforcement Supervisor of the City of Bakersfield, California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal Code. 2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to an order of the Building Director, the Code Enforcement Division removed the public nuisances on the properties listed in Exhibit "A" which is attached hereto and made a part hereof by this reference in February and March 2017. The costs incurred by the City to remove the public nuisances for each respective property set forth herein are also stated in the attached Exhibit "A" 3. Records of the Bakersfield Building Department reflect that on March 17, 2017 a copy of Notice of Filing Report and Assessment List for Abatement of Condition Constituting Public Nuisance and of Hearing Thereon was mailed to the owners of the properties and /or posted. 4. The foregoing matters are within my personal knowledge and if called as a witness herein, I could and would competently testify thereto. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 20th day of April 2017, at Bakersfield, California. David Paquette Code Enforcement Supervisor 05110117 CC AGENDA PACKET FCC 1 04/10/2017 EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR DECLARED SUBSTANDARD OR FOR ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 1. 404 - 061- 05 -00 -4 4220 Akers Road Marcus Ayala $0 $118 $118 4726 Knickerbocker Lane 16 -7071 Riverside, CA 92501 2. 169 - 140- 01 -00 -4 440 E Belle Terrace A Nathan Daniels Tr $1,650 $666 $2,316 1400 Easton Drive Suite 101 16 -7352 Bakersfield, CA 93309 3. 169 - 150- 01 -00 -7 440 E Belle Terrace C Nathan Daniels Tr $1,920 $666 $2,586 1400 Easton Drive Suite 101 16 -7353 Bakersfield, CA 93309 4. 012- 200- 01 -00 -8 243 Bernard Street Davis Family Partnership $0 $333 $333 207 San Pedro Circle 16 -8018 San Jose, CA 95110 5. 019- 072- 02 -00 -7 420 S Brown Street D C Dockery $95 $666 $761 420 S Brown Street 16 -8054 Bakersfield, CA 93307 6. 019 - 051- 10 -00 -7 1020 S Brown Street Ruth Lee $475 $666 $1,141 27417 Perkins Road 16 -8047 Madera, CA 93637 7. 016- 430- 04 -00 -2 507 Butte Street Mabel Eliassen $95 $666 $761 249 Scenic 16 -8143 Piedmont, CA 94611 8. 139- 052- 02 -00 -6 205 E California James Ung & $750 $333 $1,083 Avenue Gwen Mc Wiliams 207 E California Avenue 17 -902 Bakersfield, CA 93307 9. 372 - 292- 04 -00 -3 6400 Chester W Nimitz Antonio Rodriguez & $75 $666 $741 Street Maria Silvia Rodriguez 7530 Adwen Street 16 -6757 Downey, CA 90241 10. 018- 390- 03 -01 -1 142 Clifton Street Everardo Vargas $0 $333 $333 2729 Ingalls Court 17 -396 San Jose, CA 951 1 1 11. 019 - 041- 07 -00 -6 801 Collins Way T J Kizer $60 $666 $726 3860 S Higuera D4 16 -8044 San Luis Obispo, CA 93401 12. 018- 400- 09 -00 -2 114 Dr Martin Luther Francisco Rev Liv Trust $0 $118 $118 King Jr Blvd PO Box 92278 17 -693 City of Industry, CA 91715 13. 018 - 410- 04 -00 -0 234 Dr Martin Luther Luis Vazquez & $0 $666 $666 King Jr Blvd Evangelina Vazquez 1717 Fairview Road 15 -1963 Bakersfield, CA 93304 14. 018 - 410- 31 -00 -8 238 Dr Martin Luther Luis Vazquez & $0 $666 $666 King Jr Blvd Evangelina Vazquez 1717 Fairview Road 15 -1964 Bakersfield, CA 93305 15. 016- 270- 02 -00 -0 211 Eureka Street B & L Homes LLC $185 $333 $518 26 Copper Leaf 17 -524 Irvine, CA 92602 05110117 CC A EN A PACKET FAG 109 Page 2 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 16. 017- 270- 14 -00 -2 908 Eureka Street J B Manning & $0 $118 $118 Claudia Henry 16411 Cuzco Avenue 17 -285 Compton, CA 90221 17. 372 - 303- 33 -00 -6 6215 S H Street Dion Nguyen & $0 $118 $118 Cherie Nguyen PO Box 61 141 1 17 -290 San Jose, CA 95161 18. 382 - 111- 39 -00 -8 3010 Harmony Drive Katharine Falzone $270 $666 $936 6632 Church Street 16 -7003 Morton Grove, IL 60053 19. 120- 060- 09 -00 -0 3813 K Street Saul Diaz Mora $65 $666 $731 3811 K Street 16 -7331 Bakersfield, CA 93301 20. 018 - 180- 28 -00 -4 9 Kincaid Street Jerry Fox Jr $50 $666 $716 904 E Brundage Lane 16 -7796 Bakersfield, CA 93307 21. 015- 360- 06 -00 -1 931 Monterey Street Gian Yakoub & $0 $333 $333 JanetYakoub 931 Monterey Street 16 -8256 Bakersfield, CA 93305 22. 014- 050- 05 -00 -1 225 Niles Place Maria Betancourt $635 $333 $968 220 Monterey Street 17 -634 Bakersfield, CA 93305 23. 392 - 422- 07 -00 -5 9619 Oldbury Court Michael Williams $0 $666 $666 PO Box 22393 16 -5052 Bakersfield, CA 93390 24. 013- 270- 08 -00 -7 724 Oregon Street Minerva Bonilla Villegas $565 $333 $898 724 Oregon Street 17 -523 Bakersfield, CA 93305 25. 018 -240- 16 -00 -6 100 S Owens Street Geronimo Vargas & $0 $118 $118 Alejandra Renteria 1039 Niles Street 16 -7552 Bakersfield, CA 93305 26. 018- 240- 08 -00 -3 110 S Owens Street Legin Inc $55 $666 $721 11701 Buffington Street 16 -7807 Bakersfield, CA 93312 27. 412 - 051- 03 -00 -4 601 Pacheco Road Group IV Pomona Prop Ltd $0 $333 $333 #36 4900 Santa Anita Av #2C 16 -7148 El Monte, CA 91731 28. 170- 170- 03 -00 -9 1024 E Planz Road Enright Thacher & $395 $666 $1,061 Lula Mae Thacker 2415 SE Lotus Avenue 16 -3905 Fresno, CA 93706 29. 019 - 122- 09 -00 -2 1979 Potomac T J Kizer $349 $666 $1,015 Avenue 3860 S Higuera D4 16 -8043 San Luis Obispo, CA 93401 30. 018 - 122- 10 -00 -7 1425 Ralston Drive Manuel Diaz Jr & Mary Diaz $0 $118 $118 1900 Terrace Way 17 -348 Bakersfield, CA 83304 31. 380 - 212- 07 -00 -7 8009 Selkirk Drive Ermel D Doye Jr $74 $666 $740 8009 Selkirk Drive 16 -8069 Bakersfield, CA 93309 32. 355 - 362- 14 -00 -7 2505 Sutton Place Raymond Saldana $0 $118 $118 2505 Sutton Place 16 -7144 Bakersfield, CA 93309 05110/17 CC A GENDA PACKET FAG 11 Page 3 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 33. 441- 042- 03 -00 -0 3808 Thoreson Louis Tremblay & $0 $333 $333 Avenue Ellana Tremblay 63348 Isthmus Heights Road 16 -7560 Coos Bay, OR 97420 34. 017- 490- 05 -00 -0 1619 E Truxtun John Guzman & $1,500 $1,261 $2,761 Avenue Ana Guzman 1619 E Truxtun Avenue 16 -7042 Bakersfield, CA 93305 35. 139 - 191- 01 -00 -7 802 Union Avenue CV Ventures LLC $0 $118 $118 14411 Telegraph Road 16-7611 Whittier, CA 90604 36. 023 - 580- 21 -00 -7 2704 Villalovos Court Calogero Alaimo & $0 $118 $118 Zaida Alaimo 21430 Millard Lane 16 -7834 Cupertino, CA 95014 37. 019 - 122- 06 -00 -3 705 S Williams Street Robert Johnson $289 $666 $955 214 Madison Street 16 -6612 Bakersfield, CA 93307 38. 139- 270- 05 -00 -5 E 5th Street Sandra Macias $0 $118 $118 PO Box 70471 16 -7658 Bakersfield, CA 93307 39. 009-440-11-00-3 1 123 6th Street Gary Jackson $0 $333 $333 1 123 6th Street 16 -4177 Bakersfield, CA 93304 40. 018- 061- 29 -00 -9 1404 E 9th Street Victor Licon $75 $666 $741 1 168 N Rowan Avenue 16 -8121 Los Angeles, CA 90063 41. 018- 062- 08 -00 -5 1405 E 9th Street Edythe Jonetta Cooper $75 $666 $741 6500 Caswell Avenue 16 -8120 Bakersfield, CA 93309 42. 006 - 124- 27 -00 -4 428 17th Street Jennie Ann Hastings $0 $333 $333 428 17th Street 16 -4903 Bakersfield, CA 93301 05110/17 CC A GENDA PACKET FAG 111 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Resolutions f. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 4/18/2017 iTiff-11 1.1 SUBJECT: Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 673 located along the west side of Calloway Drive, approximately 530 feet north of Brimhall Road. A finding that the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3) will also be considered. Staff recommends adoption of the resolution. BACKGROUND: Project Summary: The resolution proposes an application to be submitted to the Kern County Local Formation Commission (LAFCo) for the annexation of uninhabited territory into the City of Bakersfield. The territory is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner, Anthony Olivieri, is requesting annexation to receive City water service. This annexation has 100% property owners consent to annex. BACKGROUND: Annexation Project Description: Annexation No. 673; Calloway No. 16 consists of an 0.88 - acre parcel along the west side of Calloway Drive, approximately 530 feet north of Brimhall Road. The project site is designated SR (Suburban Residential) by Metropolitan Bakersfield General Plan and pre-zoned City R-S-1 OA (Residential Suburban — 10 acre minimum lot size) to match the existing land use and the County zoning at that time. The project site was originally developed with a single-family residence; however, in 2016 the property owner processed a zone change in the County which changed the zoning from County E (10) RS (Estate - 10 acres - Residential Suburban) to the County C-1-PD (Neighborhood Commercial — Precise Development) zone district. This zone change allowed the property owner 05110/17 CC AGENDA PACKET PG 112 to demolish the single-family residence to construct a 9,200 square foot medical office building to match the medical office complex immediately south and west of the subject property. The existing medical office complex is within the City limits and is zoned C-O/P.C.D. (Professional and Administrative Office/Planned Commercial Development). The overall project includes incorporating the medical office building into the existing medical office complex where adequate street access, parking stalls and City services can be provided. To date, the medical building has been constructed and is operational with existing tenants. The property is currently receiving water supply from the Vaughn Water Company; however, the City Water Resources Department has agreed to provide domestic water service to the site upon annexation. Although the County's zoning for this property is C -1 -PD, which allows the current medical office use, the property would be annexed under the City's R-S-10A zone district as a "legal nonconforming" use pursuant to Bakersfield Zoning Ordinance (BMC 17.68.070). Staff has discussed this situation with the property owner several times and he wants to proceed with the annexation under the "legal nonconforming" use to get this property into the City limits. Surrounding Land Uses. Adjacent properties to the north are within the County's jurisdiction and developed with suburban residential homes. Properties to the south, east and west are within the City of Bakersfield's jurisdiction. Property immediately south and west of the project site is developed with a medical office complex and property to the east includes a fully developed commercial complex. ENVIRONMENTAL REVIEWAND DETERMINATION: Staff has determined that the proposed project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b) (3), that the proposal is for annexation of the property and this action will not have a significant effect on the environment. Overall Recommendation: The proposal includes a request to adopt a resolution to submit an application to LAFCo to annex property into the City. The property is developed with a medical office building and the land owner is requesting annexation to receive City water service. The City Water Resources Department has agreed to provide domestic water service to the site upon annexation. It is staff's opinion that the inclusion of this parcel into the existing medical complex to the south and west creates a cohesive development that will place the entire medical complex under one jurisdiction. For these reasons, staff is recommending adoption of the resolution. Exchange of Property Tax. The exchange of property tax revenues for this annexation is covered under the Master Tax Split Agreement (Memorandum of Understanding 15-277) between the City of Bakersfield and the County of Kern. F-11 i all M I ��i 14 Ll k &-] Description Type D ReSdUdoin appirov'iing Aninexadoin 673 Wth ExhHNts Resokltblrl D BackU IMateidaL Ceirt Of OCCUpaincy BackU�p IMate irila. � 05110/17 CC AGENDA PACKET PG 113 RESOLUTION NO. A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 673 LOCATED ALONG THE WEST SIDE OF CALLOWAY DRIVE, APPROXIMATELY 530 FEET NORTH OF BRIMHALL ROAD (WARD 4) WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the annexation to the City of Bakersfield of the hereinafter - described territory, pursuant to Section 56654 of the Government Code of the State of California; and WHEREAS, the proposed annexation territory is within and consistent with the City of Bakersfield Sphere of Influence boundary; and WHEREAS, the City of Bakersfield agrees to annex the territory located along the west side of Calloway Drive, approximately 530 north of Brimhall Road; and .N WHEREAS, the City agrees to serve the territory upon annexation; and WHEREAS, the property owners of the territory have consented to annexation; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows: The above recitals, incorporated herein, are true and correct 2. That the City of Bakersfield hereby proposes the annexation to the City of Bakersfield of the territory in Exhibit "A" and shown on map marked Exhibit "B" for the project attached hereto and made a part of this resolution as though fully set forth herein, located along the west side of Calloway Drive, approximately 530 feet north of Brimhall Road. 3. That a plan for providing services within the affected territory of the proposed annexation, in accordance with the provisions of Section 56653 of the Government Code, is marked as Exhibit "C ", attached hereto and made a part hereof as though fully set forth herein. 4. That this proposal for change of organization, to wit, annexation, is made pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000, and it is requested that proceedings be authorized for annexation in accordance therewith. 5. That the reasons for the proposed change of organization are that the owner of the affected territory desires to receive municipal services from the City of Bakersfield and the City desires to receive tax revenues for benefits given and to be given to the territory proposed to be annexed. 05110/17 CC AGEN A PACKET FAG 11 6. That this proposed annexation territory and the prezoning therefore was adopted by the City Council and a notice of exemption for the annexation is determined to be adequate for the annexation proposal. 7. That the laws and regulations relating to the preparation of a (notice of exemption as set forth in the California Environmental Quality Act have been duly followed. 8. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to Section 56046 of the Government Code. 9. That the territory proposed for annexation as described herein has been determined to have 100% property owners consenting to annexation. 10. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence boundary. 11. That the Local Agency Formation Commission waive the protest hearing proceedings pursuant to Part 4, commencing with Section 57000 of the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000. 12. That the names of the officers of the City of Bakersfield who are to be furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of Hearing, if any, are: Christopher Gerry Acting City Clerk City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Virginia Gennaro City Attorney City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 13. That the appropriate City officials shall file the (10) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 5300 Lennox Street, Suite 303, Bakersfield, and CA 93309. --- - - - - -- 000-- - - - - -- 2 05110/17 CC A GENDA PACKET FAG 11.E HEREBY CERTIFY that the forgoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED RIVERA, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney EXHIBITS: A - Legal Description B -Map C - Plan for Services CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 3 05110/17 CC A GENDA PACKET FAG 116 EXHIBIT "All ANNEXATION NO. 673 CALLOWAY NO. 16 TO THE CITY OF BAKERSFIELD CSA 71 DETACHMENT it REORGANIZATION Those portions of land located in the Southeast quarter of the southeast quarter of Section 30, Township 29 South, Range 27 East, Mount Diablo Base & Meridian, in the County of Kem, State of California more particularly described as follow: Commencing at the southeast corner of said Section 30, said comer being monumented and officially designated as 681,968.316 feet North and 1,669,345.712 feet East per the California Coordinate System, Zone 5; thence North 00*51'17" East, along the east line of said Section, a distance of 481.49 feet; thence North 89007'38" West, a distance of 30.00 feet, to a point on the the existing corporate boundary of the City of Bakersfield and the TRUE POINT OF BEGINNING; Thence along said corporate boundary line the following two courses; Thence (1) North 89*07'38" West a distance of 212.00 feet; Thence (2) North 00*51'17" East 180.00 feet; Thence (3) departing said corporate boundary line South 89*07'38" East a distance of 212.00 feet to a point on the existing corporate boundary of the City of Bakersfield; Thence (4) South 00*51'17" West a distance of 180.00 feet along said corporate boundary line to the TRUE POINT OF BEGINNING. 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TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 4/6/2017 iTiff-11 1.1 SUBJECT: Resolution approving an application to the Kern County Local Agency Formation Commission to annex inhabited territory into the City identified as Dennen No. 2, Annexation No. 677, located generally north of Panama Lane and west of Highway 99. A finding that the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3) will also be considered. Staff recommends adoption of the resolution. BACKGROUND: PROJECT SUMMARY: The resolution proposes an application to be submitted to the Kern County Local Agency Formation Commission (LAFCo) for the annexation of inhabited territory, known as Annexation No. 677 (Dennen No. 2), into the City of Bakersfield. The territory is adjacent to the City limits and is within the City's Sphere of Influence boundary. There are numerous unincorporated island areas within the Metropolitan Bakersfield area and several City Councilmembers have expressed an interest in pursuing annexation of these areas for the purpose of improving governmental efficiency and to extend City services into these neighborhoods. In addition, the County Administrative Office has indicated it supports the annexation of unincorporated islands to improve efficiencies in services provided to property owners and residents within these island areas. Therefore, the City has initiated Annexation No. 677 (Dennen No. 2) to improve efficiency of services and eliminate this County island area. BACKGROUND: The proposal includes a request to annex an "inhabited" County island area located generally north of Panama Lane and west of Highway 99 into the City limits. This unincorporated island is 100 percent surrounded by the City of Bakersfield and consists of a residential (mobile home) neighborhood with 63 developed residential lots on approximately 14.5 acres. In the early to mid 1990's, several discussions occurred with the residents of the mobile home 05110/17 CC AGENDA PACKET PG 122 park regarding annexation. In 1998, 26 parcels within the mobile home park were annexed to the City. The remaining property owners were not in favor of annexation and ultimately were not included as part of the 1998 annexation. Although the 1998 annexation reduced the larger unincorporated County island, it created the existing island area consisting of the remainder of the mobile home neighborhood. In December 2016, Councilman Parlier, Board of Supervisor Scrivner, and City staff walked door-to-door to speak with residents /properly owners about annexation of the remaining area into the City. A brochure explaining the annexation process, estimates of cost differences and a map showing the island area was provided. Overall, the reside nts/property owners' response was generally positive to the proposed annexation with approximately 90 percent of the individuals contacted indicating they are in support of annexing into the City. The brochure was also mailed to every property owner of record within the proposed annexation area. After determining a large majority in support, City staff decided to initiate Annexation No. 677 (Dennen No. 2). CURRENT ANNEXATION PROPOSAL: The current proposal is a request to annex the Dennen "island" area which consists of a residential (mobilehome) neighborhood with 63 developed residential lots on approximately 14.5 acres. The annexation territory has a LIVIR (Low Medium Density Residential) land use designation and is pre-zoned to City MH (Mobilehome) zone. The area will be annexed with the existing land use and zoning. As such, any use, structure, or lot that was lawfully established according to the regulations of Kern County, will become legal non- conforming as a result of annexation into the City. Also, City staff has analyzed property tax records for the proposed annexation area. Assessed values of properties are not reassessed as a result of annexation. However, most property owners will see a small reduction in annual assessments and fees currently being charged for street lights and refuse service. Currently, property owners are being charged $40.20 annually for County street light maintenance. This assessment will be removed from the property tax bill and the City would maintain the street lights upon annexation. No additional assessment by the City would be applied for this service. Upon annexation, most residents will now receive typical City refuse service (proposed FY 2017-18 rate of $200), as compared to the current County Central Refuse rate of $249.96. In addition, the properties will now be eligible to receive sewer service from the City if property owners desire to pay for the connection. If the City Council decides to adopt the proposed Resolution of Application to submit an application to LAFCo, this annexation will be subject to State law and the Local Agency Formation Commission's policies for City initiated annexations, which requires property owner notifications that the annexation is being proposed and a notice of the public hearings on the project. ASSEMBLY BILL 743: Effective January 1, 2014, Assembly Bill 743 set forth a procedure to streamline island annexation areas that meet certain requirements. Under this State law, the LAFCo Board shall waive the protest hearing for the annexation if the proposed annexation area meets certain requirements. City staff believes all of the necessary requirements for this government code section to apply have been met, including: • The proposed annexation area is less than 150 acres; • The territory constitutes an entire unincorporated island located within the limits of a city; • Is surrounded, or substantially surrounded, by the city to which annexation is proposed; 05110117 CC AGENDA PACKET PG 123 • It is substantially developed or developing; • The presence of physical improvements upon the parcel or parcels within the area; and • It will benefit from the change of organization or reorganization or is receiving benefits from the annexing city. This is the first annexation proposed by the City where the process outlined underAB 743 will be considered. Should the LAFCo Board adopt this finding, the protest hearing will be waived, whereby potentially accelerating the processing time to complete the annexation. ENVIRONMENTAL REVIEW AND DETERMINATION: City staff has determined that the proposed project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) (3), that the proposal is for annexation of the property and this action will not have a significant effect on the environment. OVERALL RECOMMENDATION: The project includes a request to adopt a resolution to submit an application to the LAFCo for the annexation of inhabited territory into the City. This annexation will eliminate an unincorporated County island area within the Metropolitan Bakersfield area and enables a more efficient provision of services to benefit the area. In addition, the community outreach process, conducted by Councilman Parlier and Board of Supervisor Scrivner concluded that a large majority of residents/property owners are supportive of the annexation. Therefore, City staff recommends adoption of the resolution. PROPERTY TAX NEGOTIATIONS: The exchange of property tax revenues for this annexation is defined within the master tax split agreement (Memorandum of Understanding 15-277 and subsequent amendments) between the City and County. ATTACHMENTS: Description Type D ReSdUdOlrl of /kppficadoin for Deninein #2 /kinnexadon Resokltblrl 05110117 CC AGENDA PACKET PG 124 R • . aY WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the annexation to the City of Bakersfield of the herein a fter-d es cribed territory, pursuant to Section 56654 of • ••- of the State of • • • •' • WHEREAS, the proposed annexation territory is within and consistent with the City #f Bakersfield Sphere of Influence boundary; and WHEREAS, the City of Bakersfield agrees to annex the territory located generally north of Panama Lane and west of Highway 99, and WHEREAS, the City agrees to serve the territory upon annexations and WHEREAS, the some of the property owners of the territory have consented to annexation, and RESOLVED NOW, THEREFORE, BE IT _ Council of of - - • that it hereby finds and determines as follows: 2. That the plan for providing services within the affected territory of the proposed • - • • accordance w provisions • Section 56653 of the Government Code, is marked as Exhibit "C", attached hereto and 4. That this proposal for change of organization, to wit, annexation, is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 000 • •: it is requested that proceedings be authorized 'o annexation accordance _ 5. That -• • the proposed • •- of organization • > that of the owners of the affected territory desire to receive municipal services from - City of - • and desires to receive tax revenues for benefits given • • to be given to the territory proposed r be annexed. 05110117 CC A EN A PACKET FAG 125 10. That the territory proposed for annexation as described herein is within f he City of Bakersfield Sphere of Influence boundary. 12. That the names of the officers of the City of Bakersfield who are to be furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of Hearing, if any, are: Christopher Gerry Acting City Clerk City • Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Virginia Gennaro City Attorney City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 13. That the appropriate City officials shall file the (110) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 5300 Lennox Street, Suite 303, Bakersfield, and CA 93309. .........000........ 05110/17 CC A GENDA PA CKET PG 12 6 I HEREBY CERTIFY that the forgoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on AYES: COUN0LMEMBER: RIVERA, GONZALES, WEIR, SMITH,---� SULLIVAN, PARLIER MOES: COUN0LMEMBER: ABSENT: COUN0LMEMBER: agizedwel KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney EXHIBITS: A - Legal Description B - Map C - Plan for Services IF-MMA19y, =-1 0, no WIMMO FITIM — — — - - ------------ – CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 05110/17 CC AGENDA PACKET PG 127 ANNEXATION No. 677 DENNEN No. 2 • THE CITY • BAKERSFIELD DETACHMENT "_" CSA 45 REORGANIZATIOV Being a portion of Tract 3497 recorded May 4, 1972 in Map Book 23 at Page 138 filed in the office of the Kern Country Recorder also being a portion of the Southwest quarter of Section 24, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of California, more particularly described as follows: (1) continuing South 89019'15" West along the North line of said Tract a distance of 936.29 feet to the Northeast corner thereof, point also being on the West right-of- way line of State Highway 99 (SR Vl-KER 99); thence (2) South 11031'00" East along the East line of said Tract and said West right-of-way line of a distance of 169.72 feet to an angle point; thence (3) South 08016'25" East along said East line and West right-of-way line of a distance of 188.32 feet to the Southeast corner of Lot 35 of said Tract; thence (4) Departing said East line and West right-of-way line South 88051'35" West along the South line of said Lot 35 and the Westerly prolongation thereof a distance of 134.82 feet to the centerline of Dennen Street (County Road No. 1086) and also the beginning of a non-tangent curve concave to the West having a radius of 490.00 feet, from which a radial line bears South 88051'35" West; thence (5) Northerly along said curve and said centerline through a central angle of 01051'35" • arc distance • 15.91 feet to the intersection with the Easterly prolongation • the North line of Lot 58 • said Tract; thence 05110117 CC AGENDA PACKET PG 128 (6) South 87'00'00" West along said Easterly prolongation and the said North line a distance • 131.13 feet to the Northwest corner • said Lot 58; thence (7) South 00*42'51 " West along the West line of said Lot 58 a distance of 60.00 feet to the Northeast corner of Lot 66 of said Tract; thence (8) South 12115'03" West along the East line of Lot 66 a distance of 71.22 feet to the Southwest corner of said Lot 67 of said Tract; thence (9) South 23136'13" West along the East line of Lot 67 a distance of 71.22 feet to the Northeast corner of Lot 68 of said Tract; thence (10) South 34'57'23" West along the East line of Lot 68 a distance of 71.22 feet the Easterly corner of Lot 69 of said Tract; thence 0 1) South 45055'30" South along the Southeasterly line of Lot 68 a distance of 69.00 feet to the Easterly corner of Lot 70 of said Tract; thence (12) South 491130'00" West along the Southeasterly line of Lots 70, 71, 72 and 73 of said Tract a distance of 224.00 feet to the Southerly corner of Lot 73 to the North right- of-way of Spriingdale Drive (County Road No. D- 1086) -, thence (13) South 24005'09" West a distance of 30.06 feet to the intersection with the Northerly prolongation of the East line of Lot 3 of said Tract and the centerline of said Springdale Driive; thence (14) South 19*56'34" West along said Northerly Prolongation and East line of Lot 3 a distance of 148.32 feet to the South line of said Tract and the Southeast corner of said Lot 3; thence (15) North 89019'12" West along said South line a distance of 114.01feet to thd Southwest corner of said Tract and the beginning of a non-tangent curve concave to the Southwest and having a radius of 519.32 feet, from which radial line bears South 67042'51 " West; thence (16) Northwesterly along the West line of said Tract along said curve through central angle of 03"24'02" an arc distance of 30.82 feet; thence (17) North 25041''11 " West a distance of 260.30 feet to the beginning of a tangent curve concave to the Southwest having a radius of 552.86 feet; thence 05110/17 CC A GEN PACKET PG 129 (18) Northwesterly along said curve through a central angle of 12023"16" an or# distance of 119.53 feet; thence 1 ,19) North 38004'27" West a distance of 108.22 feet to an angle point in said West line A f said Tract; thence ',20) North 00040'45" East a distance of 251.00 feet to the Southwest corner of Annexation 438 Springdale No. I per Certificate of Completion recorded August 19, 2003 as Document No. 0203173386 O.R.; thence along the South and East line of said Annexation 438 the following eight courses J 11 2 III I I M-40001r0=0 34=1111ill r-M-11H 11,1111 II!!IjI 1!1111111 11 111 Jill 111111111111 111111 1!!!! 111 M111, 111i, --- 11�1 ; 1, — , 11 o 0 (28) North 03052'01 " West a distance of 25.44 feet to the said West line of said Tract; thence (29) Departing said Annexation 438, North 00040'45" West along the sold West line'r distance of 153.47 feet to the POINT OF BEGINNING. 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TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/21/2017 &1[11 1.1 SUBJECT: Resolution dispensing with bidding procedures due to emergency repairs for the digester gas flare at Wastewater Treatment Plant No. 3 and authorizing Crider Construction, Inc. to provide parts, services, and equipment necessary to repair digester gas flare, not to exceed $80,000. Staff recommends adoption of the resolution. __j'X4j kelasill"D On April 5, 2017, Wastewater Treatment Plant No. 3 experienced critical failure of the digester gas flare. The operation of Plant No. 3's digester gas flare is critical to ensure proper disposal of digester gas as required by permits issued by the San Joaquin Valley Air Pollution Control District. The Public Works Director was informed the repairs could not be made by City staff alone. After assessing the situation, the Public Works Director declared the repair of the digester gas flare to be an emergency requiring work, supplies, equipment, and materials urgently necessary for the preservation of life, health, and property. To remedy this emergency, the Public Works Director authorized Crider Construction, Inc. (Contractor) to repair the digester gas flare at Plant No. 3 on a time-and-materials basis. This resolution establishes that the services, equipment, and parts provided by the Contractor were of urgent necessity for the preservation of life, health, and property; therefore, allowing the dispensing of bidding requirement as set forth in Section 136 of the City Charter and section 3.20.060 of the Bakersfield Municipal Code. Sufficient funds are budgeted in the Sewer Enterprise Fund; therefore, there is no General Fund impact. ATTACHMENTS: 05110117 CC AGENDA PACKET PG 134 Description ReSdUdOlrl Type Resokltblrl 05110117 CC AGENDA PACKET PG 135 RESOLUTION NO. RESOLUTION DISPENSING WITH BIDDING PROCEDURES DUE TO EMERGENCY REPAIRS FOR THE DIGESTER GAS FLARE AT WASTEWATER TREATMENT PLANT NO. 3 AND AUTHORIZING CRIDER CONSTRUCTION, INC. TO PROVIDE PARTS, SERVICES, AND EQUIPMENT NECESSARY TO REPAIR DIGESTER GAS FLARE, NOT TO EXCEED $80,000 WHEREAS, on April 5, 2017, Wastewater Treatment Plant No. 3 experienced critical failure of the digester gas flare; and WHEREAS, the operation of Plant 3's digester gas flare is critical to ensure proper disposal of digester gas as required by permits issued by the San Joaquin Valley Air Pollution Control District; and WHEREAS, the Public Works Director was informed that the repairs could not be made by City staff alone; and WHEREAS, after assessing the situation, the Public Works Director declared the repair of the digester gas flare to be an emergency requiring work, supplies, equipment, and materials urgently necessary for the preservation of life, health, and property; and WHEREAS, to remedy this emergency, the Public Works Director authorized Crider Construction, Inc. (Contractor) to repair the digester gas flare at Plant 3 on a time - and - materials basis. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Based upon the facts included in the above recitals, the work performed by Contractor was of urgent necessity for the preservation of life, health or property, thereby allowing the dispensing of bidding requirements as set forth in Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code. 05110117 CC AGENDA PACKET FCC 136 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. 4. The expenditure of funds to said Contractor for the work, supplies, equipment, and materials shall not exceed $80,000. 1212121 05110117 CC AGENDA PACKET FCC 137 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: NOES: ABSTAIN ABSENT: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER CHRISTOPHER GERRY ACTING CITY CLERK AND EX OFFICIO CLERK of the Council of the City of Bakersfield KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney II 05110117 CC AGENDA PACKET FCC 138 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 4/24/2017 111-11 V 03 SUBJECT: Resolution determining that Bioxide@, a proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonable obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $900,000. Staff recommends adoption of the resolution. BACKGROUND: Some areas of southwest, northwest and northeast Bakersfield experience intermittent odor problems from the sewer trunk lines, which creates a nuisance to residents and businesses. Nuisance odors are a violation of the San Joaquin Unified Air Pollution Control District (District) policies and can be punishable by a fine. The City has previously received a warning from the District to alleviate the nuisance odors and reduce the high levels of sulfide gas found in the sewer system or face a fine by the District. Since City staff began using Bioxide@, odors from sewer lift stations have been satisfactorily controlled there have been no further issues with the District. Due to the proprietary nature of Bioxide@ and the need to continually inject Bioxide@ to control odors in the sewer trunk lines, City staff is recommending adoption of the resolution to dispense with bidding for Bioxide@ and authorizing the purchase of Bioxide@ from the sole supplier, Evoqua Water Technologies LLC on a continuing basis in amounts to meet the City's requirements, not to exceed $900,000. If at any time it is determined that other products or more effective products are available, staff will re-evaluate the sole source designation of Bioxide@ and will seek competitive pricing to insure the best interests of the City are met. Funds are available in the Wastewater Enterprise Fund for this purchase; there will be no General Fund impact. ATTACHMENTS: 05110117 CC AGENDA PACKET PG 139 Description ReSdUdOlrl Type Resokltblrl 05110117 CC AGENDA PACKET PG 140 RESOLUTION NO. A RESOLUTION DETERMINING THAT BIOXIDE, A CHEMICAL FOR SEWER ODOR CONTROL AND REDUCTION OF SULFIDE GAS LEVELS, CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR, FOR A PERIOD OF ONE YEAR NOT TO EXCEED $900,000. WHEREAS, some areas of southwest, northwest and northeast Bakersfield were experiencing continuous odor problems from the Sewer Trunk Lines, which led to a finding of high levels of sulfide gas in the sewer system; WHEREAS, nuisance odors are a violation of the San Joaquin Valley Unified Air Pollution Control District (District) Policies and can be punishable by a fine; and WHEREAS, the City was warned by the District to alleviate the nuisance odors and reduce the high levels of sulfide gas within the sewer system or face a fine; and WHEREAS, in the late 1990s, the Public Works Engineering Department contracted with John Carollo Engineers to establish an odor alleviation program, which recommended the continuous injection of Bioxide; and WHEREAS, only Bioxide was determined to be effective in controlling odors in the City's sewer system; and WHEREAS, Bioxide is a proprietary product, manufactured and distributed by Evoqua Water Technologies LLC and is therefore a sole source product; and WHEREAS, the Finance Director has determined and has recommended the Council find, that the purchase of Bioxide can only be reasonably obtained from one vendor, Evoqua Water Technologies LLC, because of restricted availability due to patent restrictions and has recommended that this Council authorize dispensing with bidding requirements in accordance with subsection D.1 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The Council hereby finds that the purchase of Bioxide, to be used for odor control within the sewer trunk lines, can only be reasonably obtained from one vendor (Evoqua Water Technologies LLC) for the reasons set forth above. Kb: 4/24/17 C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \8UHLC7JU \Bioxide Sole Source Resolution May 10 2017.docx Page 1 of 2 Pages 05110117 CC AGENDA PACKET P 141 3. The Finance Director is authorized to dispense with bidding therefore in accordance with Section 3.20.060 of the Bakersfield Municipal Code and to negotiate the purchase of same on a continuing basis, not to exceed budgeted amounts for a period of one year. 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: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield APPROVED In MAYOR KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney Kb: 4/24/17 C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \8UHLC7JU \Bioxide Sole Source Resolution May 10 2017.docx Page 2 of 2 Pages 05110117 CC AGENDA PACKET P 142 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Resolution j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/20/2017 iTiff-11 1.1 SUBJECT: Bakersfield Amtrak Railway: 1. Resolution dispensing with bidding procedures due to urgent necessity to replace and repair section of City-owned Amtrak railway ties and authorizing RailWorks Track Services, Inc. to replace and repair railway ties and Burlington Northern and Santa Fe Railway (BNSF) to provide signal support and train control (not to exceed $140,000). 2. Appropriate $37,000 Transportation Development Act Article 4 funds to the Public Works Department's Operating Budget within the Amtrak Operating Fund. STAFF RECOMMENDATION: Staff recommends approval of the resolution and appropriation. BACKGROUND: The City owns and maintains the Amtrak train track from "H" Street to Union Avenue, including trackage at the Amtrak Station in the downtown area. The Burlington Northern and Santa Fe Railway (BNSF) owns and maintains the tracks west of "H" Street. The City-owned railway tracks are inspected on a routine basis to ensure passenger safety. However, the City does not have the staff expertise to conduct railroad engineering and inspection of passenger railroad service. In September 2013, the City Council approved an agreement with Niemeyer & Associates (Niemeyer) that provides for a qualified track inspector to inspect the City-owned portion of the Amtrak passenger railway. Niemeyer staff inspects the tracks to ensure that the infrastructure is conforming to Federal Railroad Administration (FRA) track safety standards. In late 2016, Niemeyer's track inspector notified City staff that railway ties between "L" Street and the Amtrak Station required urgent replacement and repair. To remedy this urgent situation, the Public Works Director authorized RailWorks Track Services (RailWorks) to perform the necessary repairs to ensure passenger safety. The cost for RailWorks to repair and replace the 05110117 CC AGENDA PACKET PG 1 43 railway ties was $85,423. A portion of the replacement and repair work involved a segment of track referred to as the "dispatcher controlled trackage." BNSF requires that its staff provide signal support and train control whenever work is performed on "dispatcher controlled tracks." BNSF has billed the City $50,910.93 for costs incurred for that signal support and train control. City staff has reviewed invoices from RailWorks and BNSF relating to this work and concurs with the charges. This resolution finds that the railway work performed by RailWorks and BNSF was of urgent necessity for the preservation of life, health or property, thereby allowing the dispensing of bidding requirements as set forth in Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code. This resolution authorizes the Finance Director to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. Expenditures for said work shall not exceed $140,000. Article 4 Transportation Development Act (TDA) funds, which is administered by the Kern Council of Governments, fully funds costs incurred for the Bakersfield Amtrak Station. Therefore, there is no General Fund impact associated with this resolution. Although the Fiscal Year 2016- 17 budget for the Amtrak Station includes funding for contingency repair work, insufficient funds are currently budgeted to cover this repair work. However, there are savings available in various line items to cover most of the costs for this repair work. In addition to the amount budgeted for contingency repairs and savings in various line items, an additional appropriation of $37,000 in Article 4 TDA funding is proposed to fully fund this work. ATTACHMENTS: Description D ReSdUdOlrl Type Resokltblrl 05110117 CC AGENDA PACKET PG 144 RESOLUTION NO. A RESOLUTION DISPENSING WITH BIDDING PROCEDURES DUE TO URGENT NECESSITY TO REPLACE AND REPAIR SECTION OF CITY -OWNED AMTRAK RAILWAY TIES AND AUTHORIZING RAILWORKS TRACK SERVICES, INC. TO REPLACE AND REPAIR RAILWAY TIES AND BURLINGTON NORTHERN AND SANTA FE RAILWAY (BNSF) TO PROVIDE SIGNAL SUPPORT AND TRAIN CONTROL (NOT TO EXCEED $140,000) WHEREAS, Niemeyer & Associates (Niemeyer) was retained by Council in 2013 to inspect the City -owned portion of the Amtrak passenger railway, which runs from "H" Street to Union Avenue, to ensure that the Federal Railroad Administration (FRA) Track Safety Standards, designed to ensure the safe transportation of railway passengers, are adhered to; and WHEREAS, in late 2016, Niemeyer's Track Inspector notified City staff that railway ties between "L" Street and the "CP" Amtrak Lead (start of "dispatcher controlled trackage ") required urgent replacement and repair for the preservation of life, health or property; and WHEREAS, to remedy this urgent situation, the Public Works Director authorized RailWorks Track Services (RailWorks) to perform the necessary repairs to ensure passenger safety; and WHEREAS, the cost for RailWorks to repair and replace the railway ties was $85,423; and WHEREAS, a portion of the replacement and repair work involved the "dispatcher controlled trackage "; and WHEREAS, BNSF Railway requires that their staff provide signal support and train control whenever work is performed on "dispatcher controlled tracks "; and WHEREAS, BNSF has billed the City $50,910.93 for costs incurred for that signal support and train control; and WHEREAS, RailWorks and BNSF was authorized by the Public Works Director to replace and repair the section of railway between "L" Street and the "CP" Amtrak Lead on a time - and - materials basis; and 05110117 CC AGENDA PACKET FCC 145 Resolution Page 1 2 WHEREAS, City staff has reviewed invoices from RailWorks and BNSF relating to this work and concurs with the charges. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. Based on the facts included in the above recitals, the work performed by RailWorks and BNSF was of urgent necessity for the preservation of life, health or property, thereby allowing the dispensing of bidding requirements as set forth in Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code. 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. 4. The expenditure of funds for the work, supplies, equipment and materials described herein must not exceed $140,000. Page 2 of 3 05110117 CC AGENDA PACKET FCC 146 Resolution Page 1 3 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: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Page 3 of 3 05110117 CC AGENDA PACKET FCC 147 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Resolutions k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/19/2017 iTiff-11 1.1 SUBJECT: Resolution to add Area 4-165 (NEC of 24th Street & K Street) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On March 29, 2017, the City Council adopted Resolution of Intention No. 1921 to add the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. Also, the addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City has received a letter from the owner(s) of the property described above, which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded for each territory with the Kern County Assessor-Recorder's Office upon approval of this resolution. ATTACHMENTS: Description D ReSdUdoin adding hrea 4...165 to the Consofidated Mai'iinteinaince Dilstidct Type Resokltblrl 05110117 CC AGENDA PACKET PG 148 D D 4 '165 Exhbtl Exhbt D D 4 '165 Exhbt/k Exhbt D �M D 4 '165 Exhbt IB Exhbt D �M D 4 '165 Exhbt C Exhbt D D 4 '165 Exhbt D Exhbt D D 4 '165 Exhbt E Exhbt D D 4 '165 Exhbt F Exhbt 05110117 CC AGENDA PACKET PG 1 49 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4 -165 (NORTHEAST CORNER OF 24TH STREET & K STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS 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 2) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and 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 "); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and /or a 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 its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4 -165, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and /or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1921 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4 -165, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4 -165 (northeast corner of 241h Street & K Street), to the Consolidated Maintenance District, Bakersfield, California," for S: \PROJECTS\MAINDIST\Formation Documents \Area 4 \MD 4- 165 \RES EST.docx Page 1 of 3 05110117 CC AGENDA PACKET FCC 15 this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; 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 Council hereby adds territory, Area 4 -165 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be 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- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscape improvements have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C "), budget (Exhibit "D "), assessment roll (Exhibit "E "), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F ") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2016 -2017 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. S: \PROJECTS\MAINDIST\Formation Documents \Area 4 \MD 4- 165 \RES EST.docx Page 2 of 3 05110117 CC AGENDA PACKET FCC 151 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: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Form at ion Documents \Area 4 \MD 4- 165 \RES EST.docx Page 3 of 3 05110117 CC AGENDA PACKET FCC 152 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -165 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the northeast corner of 241h Street and K Street 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 Public Works 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 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 any 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 streets 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, 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, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public 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 reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 165 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05110117 CC AGENDA PACKET FCC 153 Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape 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 per 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 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, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2016 -2017 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: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 165 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05110117 CC AGENDA PACKET FCC 15 LEGAL DESCRIPTION Area 4 -165 An area located in Section 30, Township 29, Range 28 M.D.B. & M., more particularly described as follows: S P R 16 -0383 2400 K Street Bakersfield California Containing: 0.5 Acres, more or less. i *AV :ii:1111r_1 05110117 CC AGENDA PACKET FCC 155 I'llulm NOT TO SCALE EXHOIT'S" I 05110117 CC AGENDA PACKET PG 15b CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: 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 Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel 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. 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 maintenance district, as a condition of a zone change, or general plan amendment, 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, Zone 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. 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 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: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 0.x/1 /17 CC A EN A Pl �l Ei T 157 MAINTENANCE DISTRICT AREA 4 -165 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 05110117 GG AGENDA PACKET FAG 158 Assessor's Tax No. 005 - 372 -13 -005 Total Date: MAINTENANCE DISTRICT AREA 4 -165 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 05110117 CC AGENDA PACKET FCC 159 24TH ST Holdings, LLC 9710 Brimhall Rd Bakersfield, CA 93312 (661) 304-99.32 Inclusion of a Subdivision into the Consolidated Maintenance District February 22, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of SPR 16-0383 in a Consolidated Maintenance District (CMD) ATN: 005-372-13-005 We, the undersigned, as owners of the property included within SPR 16-0383 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 $ 871.00 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 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 9 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 933-01. We hereby waive our right to further notice of that hearing. Respectfully, Dr Daniel Erickson CEO 24TH ST Holdings, LLC MD 4-165 EXHIBIT F 05110/17 CC A GEN PACKET PG 160 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Resolutions I. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/19/2017 WARD: Ward (s) 3, 4, 6 SUBJECT: Resolutions of Intention (ROI) adding the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1923 adding Area 1-117 (Renfro Rd. & Santa Fe Way) — Ward 4 2. ROI No. 1924 adding Area 2-67 (SWC of New Stine Rd. & Sundale Ave.) — Ward 6 3. ROI No. 1925 adding Area 4-166 (Mt. Vernon Ave. & Mail View Rd.) — Ward 3 STAFF RECOMMENDATION: Staff recommends adopting the Resolutions of Intention. BACKGROUND: Written requests have been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. The City has received a letter from the owner(s) of the properties described above, which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor- 05110/17 CC AGENDA PACKET PG 161 Recorder's Office upon approval of this Resolution. City staff recommends the new territories be added to the Consolidated Maintenance District at the next City Council meeting. ATTACHMENTS: Description D FAG; #1923 adding hreal 117 to the CU) D D 1 117 EkNNtl D D 1 117 ExhbUk D D 1 117 EkNNtB D �M D 1 117 EkNNt C D D 1 117 EkNNt 1'.) D D 1 117 EkNNt E D D 1 117 EkNNt F D FAG; #1924 adding /kirea ,a...6'7 to the CU) D MD 2 67 EkNNtl D MD 2 67 ExhbUk D MD 2 67 EkNNt IB D MD 2 67 EkNNt C D MD 2 67 EkNNt D D MD 2 67 EkNNt E D MD 2 67 EkNNt F D FAG; #1925 adding /kirea 4 ...'166 to the CU) D D 4 '166 ExhNtl D D 4 '166 ExhNt/k D D 4 166 ExhNt IB D �M D 4 166 ExhNt C D D 4 166 ExhNt D D D 4 166 ExhNt E D D 4 166 ExhNt F Type Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt 05110/17 CC A GEN PACKET PG 162 RESOLUTION OF INTENTION NO. 1923 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1 -117 (RENFRO ROAD & SANTA FE WAY) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS 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 4) 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 Public Works 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 Public Works 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 1-117 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; WHEREAS, the Public Works 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 "; S: \PROJECTS\MAINDIST \Formation Documents \Area 1 \MD 1-1 17\R01 1923 EST CMD.docx Page 1 of 3 05110117 CC AGENDA PACKET FCC 163 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) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; 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 Public Works 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- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 1 \MD 1-1 17\R01 1923 EST CMD.docx Page 2 of 3 05110117 CC AGENDA PACKET FCC 164 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 NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST \Formation Documents \Area 1 \MD 1- 117 \ROI 1923 EST CMD.docx Page 3 of 3 05110117 CC AGENDA PACKET FCC 16.E PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-117 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the western intersection of Renfro Road & Santa Fe Way 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 Public Works 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 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 any 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 streets 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, 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, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public 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 S: \PROJECTS\MAINDIST \Formation Documents \Area 1 \MD 1- 117 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05110/17 CC ACEN A PACKET FCC 166 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape 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 per 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 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, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2016 -2017 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: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 1 \MD 1- 117 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05110/17 CC ACEN A PACKET FCC 167 LEGAL DESCRIPTION Area 1 -117 An area located in Section 14, Township 29, Range 16 M.D.B. & M., more particularly described as follows: Tract 7158 Bakersfield California Containing: 127.78 Acres, more or less. i *AV :ii:1111r_1 05110117 CC AGENDA PACKET FCC 168 - wl T'l Z CG NOT TO SCALF fIVIIIMCIFFIA �EXHIBIT "B" I 05110117CCAGENDAPACKETpb lb9 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: 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 Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel 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. 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 maintenance district, as a condition of a zone change, or general plan amendment, 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, Zone 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. 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 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: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 0.x/1 /17 CC A EN A Pl �l Ei T 17 MAINTENANCE DISTRICT AREA 1 -117 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 05110/17 GG AGEN A PACKET FAG 171 Assessor's Tax No. 529 - 012 -37 -009 529 - 012 -38 -002 529 - 012 -39 -005 529 - 012 -40 -007 Total Date: MAINTENANCE DISTRICT AREA 1 -117 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 $0.00 $0.00 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 05110/17 CC ACEN A PACKET FCC 172 January 9, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 RE: Inclusion of Tract Map No. 7158 In a Consolidated Maintenance District (CMD) Dear Mr. Padilla: We, the undersigned, as owners of the property included within Tract Map No. 7158 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 $ .8-7/. �0,0 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 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 7 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 935-01. We hereby waive our right to further notice of that hearing. Respectfully, es Bryan Batey, Sr., Trustee of the Cumberland Legacy Trust dated March 4, 2014 IVID 1-117 EXHIBIT F 05110/17 CC A GEN PACKET PG 173 RESOLUTION OF INTENTION NO. 1924 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2 -67 (NORTHWEST CORNER OF NEW STINE ROAD & SUNDALE AVENUE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS 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 6) 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 Public Works 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 Public Works 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 2 -67 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; WHEREAS, the Public Works 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 "; S: \PROJECTS\MAINDIST\Formation Documents \Area 2 \MD 2- 67 \ROI 1924 EST CMD.docx Page 1 of 3 05110/17 CC ACEN A PACKET FCC 17 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) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F"; 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 Public Works 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- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST\Formation Documents \Area 2 \MD 2- 67 \ROI 1924 EST CMD.docx Page 2 of 3 05110/17 CC ACEN A PACKET FCC 175 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 NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Form at ion Documents \Area 2 \MD 2- 67 \ROI 1924 EST CMD.docx Page 3 of 3 05110/17 CC ACEN A PACKET FCC 176 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2 -67 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the northwest corner of New Stine Road and Sundale Avenue and as specifically 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 Public Works 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 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 any 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 streets 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, 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, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public 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 S: \PROJECTS\MAINDIST\Formation Documents \Area 2 \MD 2 -67 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05110/17 CC ACEN A PACKET FCC 177 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape 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 per 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 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, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2016 -2017 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: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS \MAINDIST\ Format ion Documents \Area 2 \MD 2 -67 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05110/17 CC ACEN A PACKET FCC 178 LEGAL DESCRIPTION Area 2 -67 An area located in Section 3, Township 30, Range 27 M.D.B. & M., more particularly described as follows: S P R 16 -0329 1301 New Stine Rd Bakersfield California Containing: 7.49 Acres, more or less. i *AV :ii:1111r_1 05110/17 CC ACEN A PACKET FCC 179 I'llulm NOT TO SCALE EXHOIT'S" I 05110117CCAGENDAPACKETpb 180 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: 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 Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. 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. 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 maintenance district, as a condition of a zone change, or general plan amendment, 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, Zone 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. 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 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: Zone EDU's per gross acre R -1 4 R -2 17.42 max. R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S- l 0A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 0.x/1 /17 CC A EN A 181 MAINTENANCE DISTRICT AREA 2 -67 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 05110117 GG AGENDA PACKET FAG 182 Assessor's Tax No. 194-011-11-006 Total Date: MAINTENANCE DISTRICT AREA 2 -67 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 0 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 05110117 CC AGENDA PACKET FCC 183 AMERICAN BAPTIST HOMES OF THE WEST 6120 Stoneridge Mall Rd. Suite 300 Pleasanton, CA 94588 (925) 924-7141 (925) 924-7101 Fax February 12, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of Parcel Map No. 194-011-11 Parcel Ain a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Parcel No. 194-011 - 11 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 $ 871.00 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 and determining the amount of assessments. We hereby waive our eight to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93-301. We hereby waive our right to further notice of that hearing. Respectfully, 01 Russell Mauk V.P. Design, Construction & Redevelopment (Title 05110117 CC AGENDA PACKET PG 184 RESOLUTION OF INTENTION NO. 1925 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -166 (2644 & 2658 MT. VERNON AVENUE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS 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 3) 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 Public Works 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 Public Works 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 4 -166 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; WHEREAS, the Public Works 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 "; S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 166 \R0I 1925 EST.docx Page 1 of 3 05110117 CC AGENDA PACKET FCC 185 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) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; 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 Public Works 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- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 166 \R0I 1925 EST.docx Page 2 of 3 05110117 CC AGENDA PACKET FCC 186 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 NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 166 \ROI 1925 EST.docx Page 3 of 3 05110117 CC AGENDA PACKET FCC 187 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -166 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the western intersection of Mt. Vernon Avenue & Mall View 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 Public Works 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 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 any 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 streets 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, 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, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public 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 S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 166 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05110117 CC ACEN A PACKET FCC 188 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape 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 per 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 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, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2016 -2017 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: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 166 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05110117 CC AGENDA PACKET FCC 189 LEGAL DESCRIPTION Area 4 -166 An area located in Section 21, Township 29, Range 28 M.D.B. & M., more particularly described as follows: SPR 16 -0396 2644 and 2658 Mt. Vernon Avenue Bakersfield California Containing: 3.9 Acres, more or less. i *AV :ii:1111r_1 05110/17 CC ACEN A PACKET FCC 190 19 NOT TO SCALF EXHIBIT "B'; I 05110117CCAGENDAPACKETpb 191 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: 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 Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel 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. 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 maintenance district, as a condition of a zone change, or general plan amendment, 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, Zone 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. 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 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: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 0.x/1 /17 CC A EN A Pl �l Ei T 192 MAINTENANCE DISTRICT AREA 4 -166 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 05110117 GG AGENDA PACKET FAG 193 Assessor's Tax No. 126 - 100 -24 -006 Total Date: MAINTENANCE DISTRICT AREA 4 -166 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 05110117 CC AGENDA PACKET FCC 194 Inclusion of a Subdivision into the Consolidated Maintenance District March 3rd, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of APNs 126-100-024 and 126-100-025 (SPR# 16-0396) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within APNs 126-100-024 and 126-100-025 (SPR# 16-0396) 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 $ 871.00 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 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 , 20_ 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, Dollinger Mt. Vernon Associates, LP David B. Dollinqer, Trustee 05110117 CC AGENDA PACKET PG 195 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/10/2017 111-11 V 03 SUBJECT: Agreement with Brown Armstrong Accountancy Corporation ($51,300) for a full scope annual audit of Fiscal Year 2016-17. STAFF RECOMMENDATION: Budget and Finance Committee recommends approval of the agreement. BACKGROUND: In March 2017, a request for proposal for auditing services was posted on the City's online vendor and bid management system. Fourteen firms showed an interest in the process. Two firms submitted proposals that were reviewed by the Finance Department. Both firms met the experience requirements to perform the City's audit and were sent to the Budget and Finance Committee. The Budget and Finance Committee reviewed the proposals on April 27, 2017. The Budget and Finance Committee recommended the selection of Brown Armstrong Accountancy Corporation to perform the annual audit work for Fiscal Year 2016-17 ($51,300), with the option of up to four one year extensions. The request for proposal issued contemplated a five-year commitment with the selected firm, with the Fiscal Year 2016-17 being the first year. A cost of living factor was built into the contract so that future year costs do not exceed Consumer Price Index (CPI) inflation measures, assuming no change in the scope of the audit nor significant change in the audit workload as a result of Governmental Accounting Standards Boards (GASB) actions that might take place in the future. The cost is budgeted as a "non-departmental" line item in the General Fund. A small portion of costs is charged to the Wastewater Enterprise Fund regarding a compliance review letter associated with the Sub-Regional Wastewater/User Agency Agreement. F-11 1111 all M I ��i 14 Ll 11 &_3 Description Type D k16t Contract Seirvkes Agireeirneint D k16t Cost Pirqposa Exhbt 05110/17 CC AGENDA PACKET PG 196 20,17 AU6t Seirvkes RFP Exhbt 05110/17 CC A GEN PACKET PG 197 AGREEMENT NO. CONSULTANT'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation ( "CITY" herein), and BROWN ARMSTRONG ACCOUNTANCY CORPORATION ( "CONSULTANT" herein). RECITALS WHEREAS, the CITY issued a Request for Proposals in March 2017 and CONSULTANT has submitted a proposal concerning a full scope annual audit; and WHEREAS, the Budget and Finance Committee recommended CONSULTANT as provider of the City's audit services; and WHEREAS, CONSULTANT represents CONSULTANT is experienced, well qualified and a specialist in audit services; and WHEREAS, the CITY'S audit proposal contemplated a five year term beginning with the 2016 -17 fiscal year, subject to annual review and satisfactory negotiation of terms (including a price acceptable to both the CITY and the selected firm); and WHEREAS, CONSULTANT is required and does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the CONSULTANT; and WHEREAS, Section 41 of the CITY Charter requires the Council to employ a certified public accountant to conduct an annual audit and the CITY does not have expertise currently on staff to conduct such large -scale audits; and WHEREAS, CONSULTANT is aware that information may come into CONSULTANT's possession which may impact the CITY's legal position in the event such information was released to outside parties. WHEREAS, CITY desires to employ CONSULTANT to perform a full scope annual audit of the CITY for the 2016 -17 fiscal year ended June 30, 2017 (year 1 of 5), as set forth herein CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 1 of 13 Pages -- 05110117 CC AGENDA PACKET FCC 198 NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: performance of a full scope annual audit. The scope of work shall include all items contained in CONSULTANT's Proposal and CITY's Request for Proposals, marked as Exhibits "A" and "B" respectively, and attached hereto and incorporated by reference as though fully set forth herein. CONSULTANT's services will include all the procedures necessary to properly complete the task CONSULTANT has been hired to perform whether specifically included in the scope of work or not. (The CITY does not anticipate any activity in the CITY's Public Financing Authority or separate redevelopment agency reports for the audit year 2016 -17.) 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Forty -nine Thousand, Two Hundred Dollars ($51,300) which shall be paid as follows: in increments as set forth in paragraph 3 and upon completion to the satisfaction of the CITY, of those items described in CONSULTANT's proposal. 2.1 At the completion of each of the items, all documents shall have been completed by CONSULTANT, and shall be submitted to CITY by CONSULTANT. Three (3) copies of each document shall be included in the compensation set forth herein. Upon the review and approval of CITY staff of the CONSULTANT's work and submission of an invoice as set forth herein, the sums stated above shall be paid. 2.2 The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. PAYMENT PROCEDURE. CONSULTANT shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of CONSULTANT's itemized invoice. Ten percent (10 %) shall be withheld from each payment pending delivery of the firm's final reports. 4. STARTING WORK. CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONSULTANT and CITY. CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 2 of 13 Pages -- 05110/17 CC ACEN A PACKET FCC 199 5. KEY PERSONNEL. At request of CITY, CONSULTANT shall name all key personnel to be assigned to the work set forth herein. CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONSULTANT shall not change such personnel without the written approval of CITY. 6. 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. 7. TITLE TO DOCUMENTS. All working papers and related documents prepared by CONSULTANT shall remain property of CONSULTANT. All working papers and related documents must be retained by CONSULTANT, at the CONSULTANT's own expense, for a minimum of five (5) years, unless the firm is notified in writing by the CITY of the need to extend the retention period. CONSULTANT will be required to make working papers available, only upon written request by the CITY. In addition, CONSULTANT shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. All other documents, reports and other papers that may become part of CITY financial reports, or copies thereof, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 8. LICENSES. CONSULTANT 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 CONSULTANT to practice its profession. 9. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT will be dealing with information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents CONSULTANT prepares and confidential information given to CONSULTANT under this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 3 of 13 Pages -- 05110117 CC AGENDA PACKET FCC 200 9.1 No information shall be considered "confidential" for purposes of this Agreement, however, unless so identified in writing by one of the authorized CITY representatives, identified on page 8 of the RFP pertaining to "Irregularities and illegal acts," and served upon CONSULTANT. If the non - disclosure of such confidential information would cause the pertinent financial statements (including footnotes) to be materially misleading or would compel CONSULTANT'S breach of professional and /or legal standards to which it is subject, then CONSULTANT shall be entitled to withdraw with full compensation paid to it by CITY for the value of the services rendered by CONSULTANT to the date of withdrawal. 9.2 CITY acknowledges that CONSULTANT is required to comply with the provisions of Statement of Auditing Standards No. 99 (SAS 99), pertaining to potentially fraudulent or abusive circumstances within the City operations. Notwithstanding any other provision to the contrary in this Agreement, the parties agree to the following in connection with CONSULTANT'S SAS 99 work: 9.2.1 Information obtained by CONSULTANT from individuals who provide information to CONSULTANT on the condition that their identity be protected from disclosure (Confidential Informants) shall only be disclosed by CONSULTANT without court order if the Confidential Informant's identity can be reasonably protected from disclosure. Such information and the identity of the Confidential Informant shall be confidential trade secrets of CONSULTANT, and shall be privileged information of CONSULTANT as between the parties, and shall not be subject to disclosure except upon lawful subpoena and in compliance with the procedures for the protection of trade secrets set forth in California Code of Civil Procedure Section 2019(d). 9.2.2 CONSULTANT shall be entitled to report to the three members of the Budget and Finance Committee specified on page 8 of the RFP, or their successors, any matter requiring disclosure under SAS 99. Such persons are designated as the exclusive CITY authorized representatives for these purposes. However, if the report involves one of these authorized representatives then CONSULTANT shall bear no responsibility for not reporting the SAS 99 information to such individual; provided that CONSULTANT reports to the other individuals not implicated. If all three persons are implicated then CONSULTANT shall be entitled to report its findings directly to the city council. 10. NEWS RELEASES /INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by CONSULTANT shall be prohibited unless authorized by CITY. CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 4 of 13 Pages -- 05110/17 CC ACEN A PACKET FCC 201 11. 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. 12. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 13. 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. 14. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California 93301 CONSULTANT: BROWN ARMSTRONG 4200 Truxtun Avenue, Suite 300 Bakersfield, CA 93309 15. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 5 of 13 Pages -- 05110/17 CC ACEN A PACKET FCC 202 16. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 17. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 18. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 19. CONFLICTS OF INTEREST. CONSULTANT 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 Agreement. 20. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 21. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY shall not constitute a waiver of any portion or any provision of this Agreement. 22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 23. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on March 31, 2018. 24. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the "Notices" paragraph of this Agreement. In the event of CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 6 of 13 Pages -- 05110/17 CC ACEN A PACKET FCC 203 early termination, CONSULTANT shall be compensated only for work satisfactorily completed up to the date of termination and delivered to and accepted by CITY. 25. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at CONSULTANT'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. 26. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the service of CONSULTANT as an independent contractor. CONSULTANT 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 CONSULTANT other than that of an independent contractor. 27. DIRECTION. CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 28. EQUIPMENT. CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 29. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 29.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and 29.2 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 29.2.1 Provide coverage for owned, non -owned and hired autos. CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 7 of 13 Pages -- 05110/17 CC ACEN A PACKET FCC 204 29.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 29.3.1 Provide contractual liability coverage for the terms of this Agreement. 29.3.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 29.3.3 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONSULTANT may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 29.4 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 29.5 Except for professional liability, all policies required of the CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees or designated volunteers, and any insurance or self - insurance maintained by the CITY, its mayor, council, officers, agents, employees and designated volunteers shall be excess of the CONSULTANT's insurance and shall not contribute with it. 29.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insurance retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 8 of 13 Pages -- 05110/17 CC ACEN A PACKET FCC 205 Agreement, or insurance rated below Best's A -:VII must be declared prior to execution of this Agreement and approved by the CITY in writing. 29.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 29.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 29.9 The CONSULTANT shall furnish the CITY's Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 29.10 Full compensation for all premiums which the CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under this Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 29.11 It is further understood and agreed by the CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONSULTANT in connection with this Agreement. 29.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONSULTANT. 30. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from CONSULTANT, and CONSULTANT shall pay on demand, all costs of notification. CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 9 of 13 Pages -- 05110117 CC AGENDA PACKET FCC 206 31. INDEMNITY. 31.1 CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONSULTANT, CONSULTANT'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. 31.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. 32. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. is: 33. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY Nelson Smith, Finance Director CITY OF BAKERSFIELD 1600 Truxtun Avenue Bakersfield, California 93301 Telephone (661) 326 -3031 CONSULTANT's Project Manager shall be: Eric H. Xin, Certified Public Accountant BROWN ARMSTRONG ACCOUNTANCY CORPORATION 4200 Truxtun Avenue, Suite 300 Bakersfield, CA 93309 Telephone (661) 324 -4971 CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 10 of 13 Pages -- 05110117 CC AGENDA PACKET FCC 207 33.1 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and CONSULTANT. It is expressly understood that only the City Council may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. 34. ACCOUNTING RECORDS. CONSULTANT 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 CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 35. TAX NUMBERS. CONSULTANT's Federal Tax ID Number 95- 3109182 CONSULTANT is a corporation? Yes No (please check one) 36. NON - INTEREST. No officer or employee of CITY shall hold any interest in this Agreement (California Government Code section 1090). 37. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 11 of 13 Pages -- 05110117 CC AGENDA PACKET FCC 208 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN K. GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney II Insurance: "CONSULTANT" BROWN ARMSTRONG ACCOUNTANCY CORP By: Print Name: Title: Additional Signatures on Following Page CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 12 of 13 Pages -- 05110117 CC AGENDA PACKET FCC 209 APPROVED AS TO CONTENT: (FINANCE DEPARTMENT) By: SANDRA JIMENEZ Assistant Finance Director COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Certificates of Insurance Attachment: Exhibit "A" Exhibit "B" CONSULTANT'S AGREEMENT C:\ Users \cgerry\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \8UHLC7JU\Audit Services 2017.docx Updated — April 27, 2017 -- Page 13 of 13 Pages -- 05110/17 CC ACEN A PACKET FCC 21 gaiiag BRO }ZMSTRONG 11 1 OW" " W 'R, " - i rotal AHLnc III usiii ve !Aaximw n 13irice a) Name of Firm: Brown Armstrong Accountancy Corporation b) Certification: Brown Armstrong certifies that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign a contract with the City of Bakersfield (the City). c) Total All-Inclusive Maximum Annual Price The total all-inclusive maximum price contains all direct and indirect costs, including all out-of-pocket expenses. The total all-inclusive maximum price, broken down by fiscal year, is as follows: Financial Statements Full Scope City of Bakersfield - Comprehensive Annual Financial Report and Management Letter 41,610 Public Finance Authority - Annual Financial Report 4,500 Single Audit 7,080 Gann Limit 790 Wastewater Management Plan 1,820 Total 55,800 BROWN ARMSTRONG Certified Public Accountants Providing Auditing & Accounting Services for Over 40 Years 05110/17 CC AGENDA PACKET PG 212 Partners 43 $ 250 160 6,880 Managers 63 200 120 7,560 Supervisory Staff 172 130 90 Staff 354. 100 70 Other (Clerical) 22 70 50 Subtotal 654 $ 55,800 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) 55,800 Out-of-pocket expenses: Meals and lodging Transportation Other (specify) - Total all-inclusive maximum price: $ 55,800 BROWNARMS Ti' ONG Certified Public Accountants 2 Providing Auditing & Accounting Services for Over 40 Years 05110117 CC AGENDA PACKET PG 213 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016-2017 FZNANCZAL STATEMENTS: COMBZNZNG SCHEDULE — ALL SERVZCES Aature of Service To Be Provided Schedule Total Price • City of Bakersfield - Comprehensive Annual Financial Report and Management Letter Public Finance Authority - Annual Financial Report Compliance Audit: Single Audit Waste water Management Plan Gann Limit Total 16 f�• OWNARMSTRONG Certified Public Accountants 3 1 $ 41,610 2 4,500 3 7,080 4 1,820 5 790 55,800 Providing Auditing & Accounting Services for Over 40 Years 05110117 CC AGENDA PACKET PG 214 SCHEDULE OF PROFESSZONAL FEES AND EXPENSES FOR i AUDZT OF %; r SUPPORTZNG SCHEDULE fOMPREHENSZVE ANNUAL FZNANCZAL REPORT AND MANAGEMENT SCHEDULEI Hours Standard Hourly Rates Partners 29 $ Managers 39 Supervisory Staff 138 Staff 276® Other (Clerical) 11 Subtotal 493 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) Out -of- pocket expenses: Meals and lodging Transportation Other (specify) Total all- inclusive maximum price: BROWNARMSTRONC Il 250 $ 200 130 100 70 Quoted Hourly Rates Total 160 $ 4,640 120 4,680 90 12,420 70 19,320 50 550 41,610 41,610 $ 41,610 Providing Auditing & Accounting Services for Over 40 Years 05110117 CC AGENDA PACKET FAG 21.E SUPPORTING SCHEDULE FOR THE UAL PUBLIC FINANCE Al/TH ®/2ITY SCHE ULE Standard Quoted Hourly Hourly Hours Rates Rates Total Partners 4 $ 250 $ 160 $ 640 Managers 9 200 120 1,080 Supervisory Staff 10 130 90 900 Staff 24 100 70 1,680 Other (Clerical) 4 70 50 200 Subtotal 51 4,500 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) 4,500 Out -of- pocket expenses: Meals and lodging - Transportation - Other (specify) - Total all- inclusive maximum price: $ 4,500 BROWN ARMSTRONG Certified Public Accountants 5 Providing Auditing & Accounting Services for Over 40 Years 05110/17 CC A GENDA PACKET FAG 216 SCHEDULE OF PROFESSZONAL FEES AND EXPENSES FOR THE AUDZT OF THE 2016-2017 FZNANCZAL STATEMENTS SUPPORTZNG SCHEDULE Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) 7,080 Out -of- pocket expenses: Meals and lodging - Transportation - Other (specify) - Total all- inclusive maximum price: $ 7,080 BROWNARMSTRONG Providing Auditing & Accounting Certified Public Accountants 6 Services for Over 40 Years 05110/17 CC A GENDA PACKET FAG 217 Standard Quoted Hourly Hourly Hours Rates Rates Total Partners 8 $ 250 $ 160 $ 1,280 Managers 11 200 120 1,320 Supervisory Staff 18 130 90 1,620 Staff 38 100 70 2,660 Other (Clerical) 4 70 50 200 Subtotal 79 7,080 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) 7,080 Out -of- pocket expenses: Meals and lodging - Transportation - Other (specify) - Total all- inclusive maximum price: $ 7,080 BROWNARMSTRONG Providing Auditing & Accounting Certified Public Accountants 6 Services for Over 40 Years 05110/17 CC A GENDA PACKET FAG 217 Partners 1 $ Managers 3 Supervisory Staff 4. Staff 12 Other (Clerical) 2 Subtotal 22 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) Out -of- pocket expenses: Meals and lodging Transportation Other (specify) Total all- inclusive maximum price: G 250 200 130 100 70 $ 160 120 Is is $ 1,620 Providing Auditing & Accounting Services for Over 40 Years 05110/17 CC A GENDA PACKET FAG 218 SCHEDULE I i it i /i 4 r i f '. A I AND EXPENSES r P !; THE ': I i OF THE 6STATEMEN SUPPORTZNG SCHEDULE FOR A SCHEDULE I4PR O A >' I E u G 50 $ 790 Providing Auditing & Accounting Services for Over 40 Years 05110/17 CC A GENDA PACKET FAG 219 Standard Hourly Hours Rates Partners 1 $ 250 Managers 1 200 Supervisory Staff 2 130 Staff 4 100 Other (Clerical) 1 70 Subtotal 9 Total for Services Described in Section II B & D of the RFP (Detail on subsequent pages) Out -of- pocket expenses: Meals and lodging Transportation Other (specify) Total all- inclusive maximum price: I4PR O A >' I E u G 50 $ 790 Providing Auditing & Accounting Services for Over 40 Years 05110/17 CC A GENDA PACKET FAG 219 3. Otk,,of-I�)ocket Expe�i ises lncWde n the .T. o VIII al Usive Maxlk� �,j rn Phce and IR6�rflb .j g ser. neiiit Rates All Out-of-pocket Expenses Included in the Total All-inclusive Maximum Price and Reimbursement Rates are indicated in the respective schedules. 4. Rates for Additiona�� N-ofessiu,4� Services 5. Mamier (,)f Payrnent BROWN ARMSTRONG Certified Public Accountants Providing Auditing & Accounting Services for Over 40 Years 05110/17 CC A GENDA PACKET PG 220 City of Bakersfield REQUEST FOR PROPOSALS TABLE OF CONTENTS INTRODUCTION A. General Information B. Term of Engagement II. NATURE OF SERVICES REQUIRED A. General B. Scope of Work to be Performed C. Auditing Standards to be Followed D. Reports to be Issued E. Special Considerations F. Working Paper Retention and Access to Working Papers III. DESCRIPTION OF THE GOVERNMENT A. Name and Telephone Number of Contact Persons /Organizational Chart /Location of Offices B. Background Information C. Fund Structure D. Budgetary Basis of Accounting E. Pension Plans F. Component Units G. Joint Ventures H. Magnitude of Finance Operations I. Computer Systems J. Availability of Prior Reports and Working Papers IV. TIME REQUIREMENTS A. Proposal Calendar B. Notification and Agreement Dates C. Date Audit May Commence D. Schedule for the 2016 -2017 Fiscal Year Audit 1. Interim Work 05110/17 CC ACEN A PACKET FCC 222 2. Detail Audit Plan and Programs 3. Fieldwork 4. Draft Reports E. Entrance Conferences, Progress Reporting and Exit Conferences F. Date Final Report is Due V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance B. Information Technology Service (IT) Assistance C. Statements and Schedules to be Prepared by the Staff of the City of Bakersfield D. Work Area, Telephone, Photocopying and FAX Machines E. Report Preparation VI. PROPOSAL REQUIREMENTS A. General Requirements 1. Submission of Notification of Interest 2. Inquiries 3. Submission of Proposals B. Technical Proposal 1. General Requirements 2. Independence 3. License to Practice in California 4. Firm Qualifications and Experience 5. Partner, Supervisory and Staff Qualifications and Experience 6. Prior Engagements with the City of Bakersfield 7. Similar Engagements with Other Government Entities 8. Specific Audit Approach 9. Identification of Anticipated Potential Audit Problems 10. Report Format 05110117 CC AGENDA PACKET FCC 223 C. Sealed Dollar Cost Bid 1. Total All- Inclusive Maximum Price 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each 3. Out -of- pocket Expenses in the Total All-inclusive Maximum Price and Reimbursement Rates 4. Rates for Additional Professional Services 5. Manner of Payment VII. EVALUATION PROCEDURES A. Audit Committee B. Review of Proposals C. Evaluation Criteria 1. Mandatory Elements 2. Technical Qualifications 3. Price D. Oral Presentations E. Final Selection F. Right to Reject Proposals APPENDICES A. Management Letter for June 30, 2016 audit B. Organizational Chart C. List of Key Personnel, Office Locations and Telephone Numbers D. Proposing Firm Guarantees E. Proposing Firm Warranties F. Format for Schedule of Professional Fees and Expenses to Support the Total All-Inclusive Maximum Price G. Copy of City Policy Regarding Selection of Auditors 05110117 CC AGENDA PACKET FCC 224 City of Bakersfield REQUEST FOR PROPOSALS INTRODUCTION A. General Information The City of Bakersfield is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal year ending June 30, 2017, with the option of auditing its financial statements for each of the four (4) subsequent fiscal years. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accountability Office's (GAO) Government Auditing Standards (201 1) issued by the Comptroller General of the United States, the provisions of the federal Single Audit Act of 1984 (as amended in 1996) and the associated requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). There is no expressed or implied obligation for the City of Bakersfield to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered, five (5) copies of a proposal must be addressed to Randy McKeegan and RECEIVED at the Finance Department at 1600 Truxtun Avenue, Bakersfield, CA 93301 by 5:00 p.m. on March 31, 2017. The City of Bakersfield reserves the right to reject any or all proposals submitted. Proposals submitted will be evaluated by City staff with recommendation for the City Council. During the evaluation process, the Audit Committee and the City of Bakersfield reserve the right, where it may serve the City of Bakersfield's best interest, to request additional information or clarifications from proposing firms, or to allow corrections of errors or omissions. At the discretion of the City of Bakersfield, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City of Bakersfield reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates E 0511 0/17 CC AGENDA PACKET IBC 225 acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Bakersfield and the firm selected. It is anticipated the selection of a firm will be completed by April 7, 2017. Following the notification of the selected firm it is expected a contract will be in final form with insurance certificates on file by April 28, 2017 with City Council approval of the contract scheduled for May 10, 2017. B. Term of Engagement A five (5) year commitment is contemplated (in the form of five separate one year agreements), subject to the annual review and recommendation of City staff, the satisfactory negotiation of terms (including a price acceptable to both the City of Bakersfield and the selected firm), the concurrence of the City Council and the annual availability of an appropriation. If any of the above criteria cannot be satisfied, the City retains the right to give a thirty (30) day cancellation notice. The compensation for audit reports for fiscal years subsequent to 2016 -17 shall be adjusted annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index according to the percentage of difference between the cost of living factor reflected by such publication for the month of January for the fiscal year under consideration and the cost of living factor reflected by the publication for the month of January of the year before. II. NATURE OF SERVICES REQUIRED A. General The City of Bakersfield is soliciting the services of qualified firms of certified public accountants to audit its financial statements for the fiscal year ending June 30, 2017, with the option to audit the City of Bakersfield's financial statements for each of the four (4) subsequent fiscal years. These audits are to be performed in accordance with the provisions contained in this request for proposals. Co 05110/17 CC ACEN A PACKET FCC 226 B. Scope of Work to be Performed The City of Bakersfield desires the auditor to express an opinion on the fair presentation of its government wide and fund financial statements in conformity with generally accepted accounting principles. Also refer to exhibit `G' for Council policy on audit reporting. Full Scope: The City of Bakersfield desires the auditor to express an opinion on the fair presentation of its basic financial statements, but also the fair presentation of the financial statements of individual funds and component units, in conformity with generally accepted accounting principals and government auditing standards. If applicable, the auditor is to provide an "in- relation -to" report on any supporting schedules based on the auditing procedures applied during the audit of the basic financial statements and the individual fund financial statements, component units and other schedules. The auditor is not required to audit the statistical section of the report. C. Auditing Standards To Be Followed To meet the requirements of this request for proposals, the audit shall be performed in accordance with generally accepting auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the Government Auditing Standards (201 1) issued by the Comptroller General of the United States, the provisions of the federal Single Audit Act of 1984) and the associated requirements of the Uniform Guidance. D. Reports to be Issued Upon completion of the audit for each fiscal year the auditor shall issue the following reports: An audit opinion on the fair presentation of the City's Comprehensive Annual Financial Report (CAFR) in conformity with generally accepted accounting principles. This opinion should be compliant with all provisions of GASB pronouncements. 7 05110/17 CC AGEN A PACKET FAG 227 2. All reports required for compliance with the provisions of the federal Single Audit Act of 1984 and the associated requirements of the Uniform Guidance. 3. A report of Agreed -Upon Procedures relative to the City's calculation of its Appropriation Limit in accordance with the Article XIIIB Appropriations Limit Uniform Guidelines and as mandated by the California Constitution. 4. A report of Agreed -Upon Procedures relative to the City's Sub - regional Wastewater Management Plan. 5. An audit report for the Bakersfield Public Finance Authority. Please note, for past several fiscal years this report has not been required due to lack of activity. However, the activation of the PFA is anticipated within this five year period. In the required report[s] on compliance and internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non - reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the report[s] on compliance and internal controls. The report on compliance and internal controls shall include all material instances of noncompliance. All non - material instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance and internal controls. Irregularities and illegal acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: Alan E. Tandy, City Manager Virginia Gennaro, City Attorney Nelson K. Smith, Finance Director N. 0511 0/17 CC AGENDA PACKET PG 228 Reporting to the Budget and Finance Committee. Auditors shall assure themselves that the City of Bakersfield is informed of each of the following: The auditor's responsibility under generally accepted auditing standards 2. Significant accounting policies 3. Management judgments and accounting estimates 4. Significant audit adjustments 5. Other information in documents containing audited financial statements 6. Disagreements with management 7. Management consultation with other accountants 8. Major issues discussed with management prior to retention 9. Difficulties encountered in performing the audit E. Special Considerations The City of Bakersfield will send its comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will be required to provide special assistance to the City of Bakersfield to meet the requirements of that program. 2. The City of Bakersfield has determined that the State Department of Transportation will function as the cognizant agency in accordance with the provisions of the Single Audit Act of 1984 and the associated requirements of the Uniform Guidance. 3. The City of Bakersfield currently anticipates it will prepare one or more official statements in connection with the sale of debt securities which will contain the basic financial statements and the auditor's report thereon. The auditor shall be required, if requested by the fiscal advisor and /or the 9 05110/17 CC ACEN A PACKET FCC 229 underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters." 4. The City may also require special consulting services such as federal tax advice regarding the payroll of the City. Any charge for such services should be negotiated separately. 5 The Schedule of Expenditures of Federal Awards (Single Audit) and related auditor's report, as well as the reports on compliance and internal controls are not to be included in the comprehensive annual financial report, but are to be issued separately. 6 A Management Letter listing of findings and other weaknesses from the City of Bakersfield's most recent financial statement audit, as well as a list of findings from internal audits conducted during the most recent fiscal period to be audited, are attached to this document (Appendix A). There were no reportable findings during the 2015 -16 fiscal year audit. F. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of five (5) years, unless the firm is notified in writing by the City of Bakersfield of the need to extend the retention period. The auditor will be required to make working papers available, only upon written request by the City's Finance Director. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. DESCRIPTION OF THE GOVERNMENT A. The auditor's principal contact with the City of Bakersfield will be Sandra Jimenez, Assistant Finance Director, or a designated representative, who will coordinate the assistance to be provided by the City of Bakersfield to the auditor. An organizational chart (Appendix B) and a list of key personnel with the location of their principal offices (Appendix C) are attached. 10 05110117 CC AGENDA PACKET FCC 230 B. Background Information The City of Bakersfield serves an area of 150 square miles with a population of approximately 380,000. The City of Bakersfield's fiscal year begins on July 1 and ends on June 30. The City of Bakersfield provides the following services to its citizens: 1. Fire and Police Protection 2. Streets and Infrastructure Maintenance 3. Planning and Community Development 4. Parks and Recreation Services 5. Water Utility 6. Municipal Airpark - General Aviation 7. Refuse Collection 8. Wastewater Treatment The City of Bakersfield has a total personnel cost of approximately $193 million covering a compliment of 1,520 employees. The City of Bakersfield operates under a Council- Manager form of government and is organized into eight (8) departments and agencies. The accounting and financial reporting functions of the City of Bakersfield are centralized. 11 05110117 CC AGENDA PACKET FAG 231 C. Fund Structure The City of Bakersfield currently uses the following fund types and account groups in its financial reporting: Fund Type General fund Number of Funds Number of Funds with Legally Adopted Annual Budgets Special Revenue 8 8 Debt Service 1 1 Capital Project 4 4 Permanent 0 0 Enterprise 6 0 Internal Service 2 2 Pension Trust 2 0 Investment Trust 0 0 Private Purpose Trust 2 0 Agency 1 0 D. Budgetary Basis of Accounting The City of Bakersfield prepares its budgets on a basis consistent with generally accepted accounting principles. E. Pension Plans The City of Bakersfield participates in the following pension plans: State of California - Public Employee Retirement System (PERS) - (multiple employer defined benefit pension plan) Actuarial services for these plans are provided by State of California (PERS). F. Component Units The City of Bakersfield is defined, for financial reporting purposes, in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2100. Using these criteria, component units are included in the City of Bakersfield's financial statements. 12 05110117 CC AGENDA PACKET PG 232 Public Finance Authority ** ** Authority is expected to be reactivated. The successful audit firm will be expected to provide an opinion on each Component Unit Financial Statement, as well as Compliance Reports. The component units are to be audited as part of the audit of the City of Bakersfield's financial statements. Costs of audit services should be segmented to allow for inclusion or removal during the five year period. G. Joint Ventures The City of Bakersfield does participate in joint ventures with other governments. NAME OF NAME OF OTHER TYPE OF JOINT VENTURE PARTICIPATING GOVERNMENT(S) SERVICES PROVIDED Authority for City of: Self Insurance for California Cities Anaheim liability and Joint Excess Liability Burbank Purchase for (ACCEL) Modesto Workers Modesto Insurance Monterey Mountain View Ontario Palo Alto Santa Barbara Santa Cruz Santa Monica Visalia 13 05110117 CC AGENDA PACKET FCC 233 I J. Magnitude of Finance Operations The finance department is headed by Nelson K. Smith, Finance Director and consists of thirty (32) employees. The principal functions performed and the number of employees assigned to each are as follows: Function Administration /Property Mgmt Accounting Treasury Purchasing Computer Systems Number of Employees 5 16 8 3 The City of Bakersfield maintains its major financial accounting systems operate on an IBM AS400 based system using Naviline software from Sungard Public Sector. Availability of Prior Audit Reports and Working Papers Interested proposing firms who wish to review prior years' audit reports and management letters should contact Sandra Jimenez at (661) 326 -3031. The City of Bakersfield will use its best efforts to make prior audit reports and supporting working papers available to proposing firms to aid their response to this request for proposals. IV. TIME REQUIREMENTS 0 Proposal Calendar The following is a list of key dates up to and including the date proposals are due to be submitted: Request for proposal issued Due date for proposals Notification and Agreement Dates Recommendation /Interviews with Budget and Finance Committee 14 February 28, 2017 March 31, 2017 April 14, 2017 05110117 CC AGENDA PACKET FCC 234 Deadline for signed contract and April 28, 2017 Insurance certificates Agreement date - Council Approval May 10, 2017 C. Date Audit May Commence Interim work may begin as soon as the contract is fully executed by the City. The City will have all records ready for audit and all management personnel available to meet with the firm's personnel on or about September 18, 2017. D. Schedule for the 2016 -2017 Fiscal Year Audit (A similar time schedule will be developed for audits of future fiscal years if the City of Bakersfield exercises its option for additional audits). Each of the following should be completed by the auditor no later than the dates indicated. Interim Work The auditor shall complete interim work by June 30, 2017. 2. Detailed Audit Plan The auditor shall provide City of Bakersfield by July 14, 2017 both a detailed audit plan and a list of all schedules to be prepared by the City of Bakersfield. 3. Fieldwork The auditor shall complete all fieldwork by October 20, 2017. 4. Draft Reports The auditor shall have drafts of the audit report[s] and recommendations to management available for review by the Finance Director by November 10, 2017. E. Entrance Conferences, Progress Reporting and Exit Conferences (A similar time schedule will be developed for audits of future fiscal years if the City of Bakersfield exercises its option for additional audits). 15 05110117 CC AGENDA PACKET FCC 235 At a minimum, the following conferences should be held by the dates indicated on the schedule: Entrance conference with Finance Director June 1, 2017 Entrance conference with all key finance department personnel and department heads of key offices or programs June 1, 2017 - The purpose of this meeting will be to discuss prior audit problems and the interim work to be performed. This meeting will also be used to establish overall liaison for the audit and to make arrangements for work space and other needs of the auditor Progress conference with Finance Director and Assistant Finance Director June 30, 2017 - The purpose of this meeting will be to summarize the results of the preliminary review and to identify the key internal controls or other matters to be tested Entrance conference with Finance Director to commence year -end audit work September 25, 2017 Exit conference with Finance Director and department heads of key offices or programs October 20, 2017 - The purpose of this meeting will be to summarize the results of the field work and to review significant findings 16 05110117 CC AGENDA PACKET FAG 236 In addition, the auditor shall provide written reports on the progress of the audit on the following dates: September 25, 2017 October 20, 2017 F. Date Final Report is Due (Comprehensive Annual Financial Report Only) The City Finance Department shall prepare draft financial statements, related notes and all required supplementary schedules (and statistical data) by October 31, 2017. The auditor shall provide all recommendations, revisions and suggestions for improvement to the Finance Director by November 14, 2017. A final report will be delivered to the printer by the City on or about November 30, 2012. The printed CAFR will be submitted to the City Council for their review and acceptance at the next available Council meeting date. During the period of October 20, 2017 to October 31, 2017 the auditor should be available for any meetings that may be necessary to discuss the audit reports. Once all issues for discussion are resolved, the auditor will be given a final draft of the report. It is anticipated that this process will be completed and the final report delivered to the printer by November 30, 2017. The Single Audit report and any other remaining reports are to be completed by January 31, 2018. V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance The finance department staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City of Bakersfield. City staff will prepare trial balances and other supporting schedules that are to remain the property of the City but will be available to auditors. 17 05110117 CC AGENDA PACKET FCC 237 B. Technology Services (TS) Assistance The Technology Services staff, equipment and generalized user software have not been used in the past for auditing purposes. However, the City is willing to commit a reasonable amount of computer time to assist an audit program. This assistance may vary depending on computer time available. TS personnel will also be available to provide systems documentation and explanations. C. Statements and Schedules to be prepared by the Staff of the City of Bakersfield The staff of City of Bakersfield will prepare the following statements and schedules for the auditor by the dates indicated: Statement or Schedule Date Trial Balance: All Funds September 20 Accounts Payable Reconciliation September 20 Property Tax Reconciliation September 20 Compensated Absences September 20 Federal Financial Assistance September 20 Interest Allocation September 20 Bank Transfers September 20 Appropriations Reconciliation September 20 Government Wide Statements October 20 Statistical Schedules October 20 D. Work Area, Telephones, Photocopying and FAX Machines The City of Bakersfield will provide the auditor with reasonable work space, desks and chairs. The City Finance Department uses a "flex- time" schedule for its employees; therefore, the Finance offices may be available for 9 hour workdays, from 7:30 a.m. to 5:30 p.m. (except for Fridays, which would be 5:00 p.m.). The auditor will also be provided with access to photocopying facilities and FAX machines. E. Report Preparation Financial statement preparation and printing shall be the responsibility of the City of Bakersfield. The auditor will be responsible as editing and proofing the final draft CAFR. I 05110117 CC AGENDA PACKET FCC 238 VI. PROPOSAL REQUIREMENTS A. General Requirements Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals must be made to either: Randy McKeegan, Accounting Supervisor 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326 -3030 or Sandra Jimenez, Assistant Finance Director 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326 -3031 CONTACT WITH PERSONNEL OF THE CITY OF BAKERSFIELD OTHER THAN SANDRA JIMENEZ, RANDY MCKEEGAN, OR NELSON K. SMITH REGARDING THIS REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. 2. Submission of Proposals The following material is required to be received by March 31, 2017 for a proposing firm to be considered: a. A master copy (so marked) of a Technical Proposal and six (4) copies to include the following: i. Title Page Title page showing the request for proposals subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. 19 05110117 CC AGENDA PACKET FCC 239 ii. Table of Contents iii. Transmittal Letter A signed letter of transmittal briefly stating the proposing firm's understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for one hundred and twenty days (120) days. iv. Detailed Proposal The detailed proposal should follow the order set forth in Section VI B of this request for proposals. V. Executed copies of Proposing Firm Guarantees and Proposing Firm Warranties, attached to this request for proposal (AI212endix D and A1212endix E) b. The proposing firm shall submit one (1) original and one (1) copy of a dollar cost bid in a separate sealed envelope marked as follows: SEALED DOLLAR COST BID PROPOSAL FOR City of Bakersfield FOR PROFESSIONAL AUDITING SERVICES 2016 -2017 C. Proposing firms should send the completed proposal, with the sealed dollar cost bid in a separate enclosed envelope, to the following address: City of Bakersfield Finance Dept. - Attn: Sandra Jimenez 1600 Truxtun Avenue Bakersfield, CA 93301 20 05110117 CC AGENDA PACKET FAG 240 B. Technical Proposal General Requirements The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Bakersfield in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements. THERE SHOULD BE NO DOLLAR UNITS OR TOTAL COSTS INCLUDED IN THE TECHNICAL PROPOSAL DOCUMENT. The Technical Proposal should address all the points outlined in the request for proposals (excluding any cost information which should only be included in the sealed dollar cost bid). The Proposal should be prepared simply and economically, providing a straightforward, concise description of the proposing firm's capabilities to satisfy the requirements of the request for proposals. While additional data may be presented, the following subjects, items Nos. 2 through 10, must be included. They represent the criteria against which the proposal will be evaluated. 2. Independence The firm should provide an affirmative statement that it is independent of the City of Bakersfield as defined by the U.S. General Accounting Office's Government Auditing Standards (1994)] The firm also should provide an affirmative statement that it is independent of all of the component units of the City of Bakersfield as defined by those same standards. The firm should also list and describe the firm's (or proposed subcontractors') professional relationships involving the City of Bakersfield or any of its component units or primary government for the past five (5) years, together with a 21 05110117 CC AGENDA PACKET FCC 241 statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City of Bakersfield written notice of any professional relationships entered into during the period of this agreement. 3. License to Practice in California An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in California. 4. Firm Qualifications and Experience The proposing firm should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full -time basis and the number and nature of the staff to be so employed on a part - time basis. If the proposing firm is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. The firm is also required to submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific government engagements. The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. 22 05110117 CC AGENDA PACKET FCC 242 5. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is registered or licensed to practice as a certified public accountant in California. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the term of the agreement will be assured. The proposing firm should identify the extent to which staff to be assigned to the audit reflect the City of Bakersfield's commitment to Affirmative Action. Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City of Bakersfield. However, in either case, the City of Bakersfield retains the right to approve or reject replacements. Consultants and firm specialists mentioned in response to this request for proposal can only be changed with the express prior written permission of the City of Bakersfield, which retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposing firm, provided that replacements have substantially the same or better qualifications or experience. 23 05110117 CC AGENDA PACKET FCC 243 6. Prior Engagements with the City of Bakersfield List separately all engagements within the last five years, ranked on the basis of total staff hours, for the City of Bakersfield by type of engagement (i.e., audit, management advisory services, other). Indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed, and the name and telephone number of the principal client contact. 7. Similar Engagements with Other Government Entities For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum - 5) performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 8. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Section II of this request for proposal. In developing the work plan, reference should be made to such sources of information as City of Bakersfield's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Proposing firms will be required to provide the following information on their audit approach: a. Proposed segmentation of the engagement b. Level of staff and number of hours to be assigned to each proposed segment of the engagement NO DOLLARS SHOULD BE INCLUDED IN THE TECHNICAL PROPOSAL C. Sample size and the extent to which statistical sampling is to be used in the engagement 24 05110117 CC AGENDA PACKET FCC 244 d. Extent of use of EDP software in the engagement e. Type and extent of analytical procedures to be used in the engagement f. Approach to be taken to gain and document an understanding of the City of Bakersfield's internal control structure g. Approach to be taken in determining laws and regulations that will be subject to audit test work h. Approach to be taken in drawing audit samples for purposes of tests of compliance. 9. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City of Bakersfield. 10. Report Format The proposal should include sample formats for required reports. NO DOLLARS SHOULD BE INCLUDED IN THE TECHNICAL PROPOSAL C. Sealed Dollar Cost Bid Total All- Inclusive Maximum Price The sealed dollar cost bid should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all- inclusive maximum price to be bid is to contain all direct and indirect costs including all out -of- pocket expenses. The City of Bakersfield will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs should not be included in the proposal. 25 05110117 CC AGENDA PACKET FCC 245 The first page of the sealed dollar cost bid should include the following information: ►. in M-11110TEENO b. Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign an agreement with the City of Bakersfield. C. A Total All- Inclusive Maximum Price for the 2017 engagement. Financial Statements Full Scope City of Bakersfield - Comprehensive Annual Financial Report and Management Letter $ Public Finance Authority - Annual Financial Report $ Compliance Report Single Audit $ Wastewater Management Plan $ 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each The second page of the sealed dollar cost bid should include a schedule of professional fees and expenses, presented in the format provided in the attachment (Appendix F) that supports the total all- inclusive maximum price. The cost of special services described in Section II E of this request for proposal should be disclosed as separate components of the total all- inclusive maximum price. 26 05110117 CC AGENDA PACKET FCC 246 3. Out -of- pocket Expenses Included in the Total All-inclusive Maximum Price and Reimbursement Rates All estimated out -of- pocket expenses to be reimbursed should be presented on the second page of the sealed dollar cost bid in the format provided in the attachment (Appendix F). All expense reimbursements will be charged against the total all- inclusive maximum price submitted by the firm. 4. Rates for Additional Professional Services If it should become necessary for City of Bakersfield to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the agreement between City of Bakersfield and the firm. Any such additional work agreed to between City of Bakersfield and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the sealed dollar cost bid. 5. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement and out -of- pocket expenses incurred in accordance with the firm's dollar cost bid proposal. Interim billing shall cover a period of not less than a calendar month. Ten percent (10 %) will be withheld from each billing pending delivery of the firm's final reports. VII. EVALUATION PROCEDURES A. Review Committee Proposals submitted will be evaluated by the Finance Director, the Assistant Finance Director, and the City Treasurer. B. Review of Proposals A point formula will be used during the review process to score proposals. A firm with an unacceptably low technical score will be eliminated from further consideration. 27 05110117 CC AGENDA PACKET FCC 247 160 After the composite technical score for each firm has been established, the sealed dollar cost bid will be opened and additional points will be added to the technical score based on the price bid. The maximum score for price will be assigned to the firm offering the lowest total all- inclusive maximum price. Appropriate fractional scores will be assigned to other proposing firms. The City of Bakersfield reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. Evaluation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria which will be considered during the evaluation process. 1. Mandatory Elements a. The audit firm is independent and licensed to practice in California b. The firm has no conflict of interest with regard to any other work performed by the firm for the City of Bakersfield C. The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal d. The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work. e. The audit firm's professional personnel have received adequate continuing professional education within the preceding two years. 2. Technical Quality: (Maximum Points - 70) a. Expertise and Experience (Maximum Points - 40) 05110117 CC AGENDA PACKET FCC 248 (1) The firm's past experience and performance on comparable government engagements (with special emphasis on City audits). (2) The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation (3) Support services available (i.e. actuarial, bond arbitrage, refinancing, etc.) b. Audit Approach (Maximum Points - 30) (1) Adequacy of proposed staffing plan for various segments of the engagement (2) Adequacy of sampling techniques (3) Adequacy of analytical procedures 3. Price: (Maximum Points - 30) COST WILL NOT BE THE PRIMARY FACTOR IN THE SELECTION OF AN AUDIT FIRM D. Oral Presentations During the evaluation process, the Review and /or Audit Committee may, at its discretion, request any one or all firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Committees may have on a firm's proposal. Not all firms may be asked to make such oral presentations. E. Final Selection The City Council will select a firm based upon the recommendation of City Staff and /or the Budget and Finance Committee. It is anticipated that a firm will be selected by April 14, 2017. Following notification of the firm selected, it is expected an agreement will be in final form with insurance certificates on file by April 28, 2017, with City Council approval scheduled for the May10, 2017 meeting date. 29 05110117 CC AGENDA PACKET FCC 249 F. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Bakersfield and the firm selected. The City of Bakersfield reserves the right without prejudice to reject any or all proposals. APPENDICES A. Findings from Recent External and Internal Audits B. Organizational Chart C. List of Key Officials, Office Locations and Telephone Numbers D. Proposing Firm Guarantees E. Proposing Firm Warranties F. Format for Schedule of Professional Fees and Expenses to Support the Total All- inclusive Maximum Price G. Copy of City Policy Regarding Selection of Auditors U 05110117 CC AGENDA PACKET FCC 250 FINDINGS FROM RECENT EXTERNAL AND INTERNAL AUDITS �N 1� � I ()\X""' !,\1 'A 1\' M ,,, I I �"j ¢'c hld Pubh' AGREED-UPON CONDITIONS REPORT DESIGNED TO INCREASE EFFICIENCY, INTERNAL CONTROLS, AND/OR FINANCIAL REPORTING To the Honorable Mayor and Members of the City Council Bakersfield, California We have audited the basic financial statements of the City of Bakersfield, California, (the City) for the year ended June 30, 2016, and have issued Our report thereon dated December 12, 2016. In planning and performing our audit of the financial statements of the City, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control structure. As a result Of Our audit, we noted no agreed-upon conditions involving the internal control structure or its operation. This report is intended solely for the information and use of the Budget and Finance Committee, Mayor, City Council, management of the City, others within the City, and the regulatory agencies, and is not intended to be, and should not be, used by anyone other than these specified parties. Bakersfield, California December 12, 2016 31 BROWN ARMSTRONG ACCOUNTANCY CORPORATION 0.x/1 0 /17 CC AGENDA PACKET PG 251 ` `im None, ON M- FINDINGS FROM RECENT EXTERNAL AND INTERNAL AUDITS Current Year Agreed -Upon Conditions and Recommendations Status of Prior Year Agreed -Upon Conditions and Recommendations 32 05110117 CC AGENDA PACKET FCC 252 4-- m 0 -E 0 cl clq I CC) 04 ORGANIZATIONAL CHART xxix 33 05110117 CC AGENDA PACKET PG 253 LIST OF KEY PERSONNEL AND TELEPHONE NUMBER Nelson K. Smith, Finance Director 326 -3740 Sandra Jimenez, Assistant Finance Director 326 -3031 Randy McKeegan, Accounting Supervisor 326 -3030 Connie Walls, Accounting Supervisor 326 -3799 Sarah Hunley, Accounting Supervisor 326 -3058 Tessa Andrews, Treasurer 326 -3032 Marnie Ashford, Treasury Supervisor 326 -3761 Don Anderson, Property Management 326 -3061 Kim Berrigan, Purchasing Officer 326 -3744 05110117 CC AGENDA PACKET FCC 254 PROPOSING FIRM GUARANTEES I. The proposing firm certifies it can and will provide and make available, as a minimum, all services set forth in Section II, Nature of Services Required. Signature of Official: Name (typed): Title: Firm: Date: M 05110117 CC A EN A PACKET FAG 255 PROPOSING FIRM WARRANTIES A. The Proposing firm warrants that it is willing and able to comply with State of California laws with respect to foreign (non -state of California) corporations. B. The Proposing firm warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof. C. The Proposing firm warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Bakersfield. D. The Proposing firm warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Name (typed): Title: Firm: Date: W 05110117 CC AGENDA PACKET FCC 256 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016 -2017 FINANCIAL STATEMENTS Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff Staff Other (specify): Subtotal Total for services Described in Section II E of the RFP (Detail on subsequent pages) Out -of- pocket expenses: Meals and lodging Transportation Other (specify): Total all- inclusive maximum price for 2017 audit = $ Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all - inclusive maximum price. 37 05110117 CC AGENDA PACKET FCC 257 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016 -2017 FINANCIAL STATEMENTS: COMBINING SCHEDULE - ALL SERVICES DESCRIBED IN RFP SECTION II E Nature of Service To Be Provided Schedule Total Price EACH SERVICE DESCRIBED IN RFP SECTION II E SHOULD BE SUPPORTED BY AN INDIVIDUAL SCHEDULE IN THE FORMAT PROVIDED ON PAGE 3 OF THIS APPENDIX. W: 05110117 CC AGENDA PACKET FCC 258 A1212endix F Page 3 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016 -2017 FINANCIAL STATEMENTS: SUPPORTING SCHEDULE FOR [NAME OF SERVICE] Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff Staff Other (specify Subtotal Out -of- pocket expenses: Meals and lodging Transportation Other (specify): Total price for [NAME OF SERVICE] Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all - inclusive maximum price we 05110117 CC AGENDA PACKET FCC 259 RON COPY OF CITY POLICY REGARDING SELECTION OF AUDITORS 0, FAMOSMA *WIfII*Mj[*j;F—*Vj Oil WHEREAS, the City Council adopted a Council Policy on Audit Reporting Practices in February 2005: and WHEREAS, the policy adopted in 2005 required the mandatory rotation of aucitt firms every five years; and WHEREAS, the Government Finance Officers Association �GFOA) is a nationally recognized association of cities and counties throughout the Unite d States; and WHEREAS, the GFOA best practices supports allowing the audit firm currently providing services to participate in future competitive selection processes where avaiiabifity of well qualified public sector audit firms may be ir-nited; and WHEREAS, the Budget and Finance Committee reviewed the current policy at their September 26, 2011 committee meeting; and WHEREAS, the Budget and Finance Committee recommend amending the current policy to allow the current audit firm to participate in future competitive selection processes; assuming that past performance of the current auditors has proven satisfactory. NOW, THEREFORE, BE 17 RESOLVED by the Council of the City of BakersfjeVd as follows: I . The foregoing recitals are true and correct and incorporated in their entirety herein by reference. 2. This Resolution supersedes the previous audit practices policy adopted by Resolution 040-05. SAAdnn\Admiri Reparts\keso for audit poky 2011.doc --00000-- - -Page 1 oft Pages ORIGINAL IN 05110/17 CC AGENDA PACKET PG 260 APPENDIX Q Page 2 COPY OF CITY POLICY REGARDING SELECTION OF AUDITORS Q HEREBY CERTIIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield of a regular meeting thereof held on __aCT_L_gMt by the folloWng vote: - U ' ON_SCOUNCILMEMBER SAL. A, - WE IR CO �rH' HANSO ✓ VA�-O, N NO S: COUNCILMEMBER.,-_ COUNCvLMEMHR-- ' nBSEII� COUNCILMEMBER Ila -," -- -------- ROBERTA GAFFORD, City Clerk and Ex Officb Clerk of the Council of the City of Bakersfieid APPROVED AS TC FORM: VIRGNiIA GENNARO City Attorney By /Zz'�"—' _ _H . RU --DNICK.--- A Deputy City Attorney 11 VG:CKWsc/r)Ks fin 5,\Ade—\Ad— Repons\Res. far -d l poNcy 2011,d- -- Page 2 of 2 Pages CRGNA' 41 05110/17 CC AGENDA PACKET PG x`61 APPENDIX Q Page 3 COPY OF CITY POLICY REGARDING SELECTION OF AUDITORS Council Policy Statement - - - - - - - - - - - - - - Background - The Government Finance Officers Association (GFOA) has long recommended that state and local governmental entities obtain independent audits of their financial statements performed in accordance with the appropriate professional auditing standards. Properly performed audits play a vital role in the public sector by helping to preserve the integrity of the public finance functions and by maintaining citizens' confidence in their elected leaders. It is the City Council's desire to incorporate the recommendations of GFOA into a Council Policy regarding procurement of annual financial auditing services. Recommendations — The City Council makes the following policy statements and recommendations regarding the selection of auditing services: The scope of the independent audit should encompass not only the fair presentation of the basic financial statements, but also the fair presentation of the financial statements of individual funds and component units. The cost of extending full audit coverage to the financial statements of individual funds and component units can be justified by the additional degree of assurance provided. The City of Bakersfield shall require in their audit contracts that the auditors of their financial statements conform to the independence standard promulgated in the General Accounting Office's Government Auditing Standards even for audit engagements that are not otherwise subject to generally accepted government auditing standards, The City of Bakersfield shall enter into multiyear agreements not to exceed five years in duration when obtaining the services of independent auditors. Such multiyear agreements can take a variety of different forms (e.g., a series of single-year contracts), consistent with applicable legal requirements. Such agreements allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit. Multiyear agreements can also help to reduce audit costs by allowing auditors to recover certain 11 startup" costs over several years, rather than over a single year. The City of Bakersfield shall undertake a full-scale competitive process for the selection of independent auditors at the end of each five year term of each audit contract, consistent with applicable legal requirements, In order to promote competitive bidding among audit firms who are fully qualified to perform public-sector audits, the City shall actively seek the participation of all qualified firms, including the S ,NFLSON\cou= p,6cy nev,sed _ t,d,t nrjOCS d0C use 42 � K��� ORKVO 05110/17 CC A GENDA PACKET PG 262 012121 e M � w yg� r_1 On COPY OF CITY POLICY REGARDING SELECTION OF AUDITORS current auditors, assuming that past performance of the current auditors has proven satisfactory. The City may desire on occasion to hire an independent auditor to perform certain types of non-audit services for the City. Any non-audit services that require Council approval per Bakersfield Municipal Code section 3,20.105 C (which currently reads "amounts over $40,000) should first be reviewed by the budget and finance committee. Furthermore, The City should routinely explore the possibility of alternative service providers before making a decision to engage their independent auditors to perform significant non-audit services. The audit procurement process should be structured so that the principal factor in the selection of an independent auditor is the auditor's ability to perform a quality audit. In no case should price be allowed to serve as the sole criterion for the selection of an independent auditor. p,E, re,jwd akidit wrv�ces doc -2 - nRIGINA� 43 05110117 CC AGENDA PACKET PG 263 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Agreements n. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/12/2017 iTiff-11 1.1 SUBJECT: Agreement with Solenis LLC ($430,000) to provide dewatering polymer for Wastewater Treatment Plant No. 3. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The wastewater treatment process at Plant No. 3 process. The goal of the dewatering process is to transported off-site for disposal or beneficial use. dewatering process. requires that sludge undergo a dewatering efficiently produce a substance that can be Polymers are an essential ingredient in the A Request for Qualifications and Proposals (RFQ/P) for dewatering polymer was released on February 2, 2017. Parties interested in submitting a proposal were required to provide onsite testing to establish the efficacy of their product on Plant No. Ts equipment. Three suppliers responded to the City's RFQ/P: Solenis, BASF, and Polydyne. Each of the three suppliers conducted onsite trials of their polymer products using the equipment at Plant No. 3. Only suppliers achieving the minimum requirements of 95 percent solids capture and an 18 percent solid concentration were allowed to submit product costs proposals. Two of the three suppliers met the treatment process requirements. On April 19, 2017, the City received dewatering polymer proposals from: Solenis LCC (Wilmington, DE) Polydyne, Inc. (Riceboro, GA) An aggregate annual cost was estimated taking into consideration the per unit price submitted by the supplier and the costs associated with the efficacy of the product. The formulas used to evaluate cost proposals used variables that incorporated the following: 05110117 CC AGENDA PACKET PG 264 • The current quality of dewatered sludge compared to the quality of the trial dewatered sludge and how it could potentially affect annual hauling and disposal costs. • The unit price and quantity of polymer needed to achieve effective treatment of sludge. • An aggregate annual cost that took into consideration the effects of the equipment speed on the amount of polymer needed for treatment. City staff recommends award of the agreement to Solenis based on their proposal being the most favorable to the City. This contract is renewable annually for three consecutive one-year terms at the City's option and upon mutually agreeable terms. Sufficient funds are budgeted within the Sewer Enterprise Fund for this agreement. There is no impact to the General Fund associated with this contract. ATTACHMENTS: Description D /kgireeirneint D ExhbUk RF(.-VP D EkNNtB Pirqposa�� Type /kgireeirneint Exhbt Exhbt 05110117 CC AGENDA PACKET PG 265 AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY" herein) and Solenis LLC ( "CONTRACTOR" herein). RECITALS WHEREAS, CITY issued a Request for Qualifications and Proposals (RFQ /P) dated February 1, 2017 and CONTRACTOR submitted a proposal in response to the RFQ /P concerning Centrifuge Polymer for Public Works Wastewater Division; and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of supplying chemical polymers for wastewater treatment applications, and; WHEREAS, CITY's Wastewater Treatment Plant No.3 (WWTP 3) dewatering facilities are currently in need of dewatering polymer: and WHEREAS, CITY anticipates an ongoing need for dewatering polymer. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: providing centrifuge polymer in bulk to WWTP 3, making monthly service call to monitor polymer performance and providing customer service support on as- needed basis as described in the RFQ /P (Exhibit A). 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. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Four Hundred Thirty Thousand Dollars ($ 430,000.00) which shall be paid as follows: upon successful delivery of centrifuge polymer and completion of tasks INDEPENDENT CONTRACTOR's AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \Agreement Solenis.docx April 21, 2017 -- Page 1 of 9 Pages -- 511 /17 CC ACEN A PACKET FCC 266 assigned to CONTRACTOR as described in the RFQ /P. The unit price for the centrifuge polymer shall be as described in the proposal (Exhibit B). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. S. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY. 6. 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. 7. 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. 8. 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. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees. INDEPENDENT CONTRACTOR's AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \Agreement Solenis.docx April 21, 2017 -- Page 2 of 9 Pages -- 511 /17 CC ACEN A PACKET FCC 267 9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 11. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on April 30, 2018. The contract is renewable annually for three consecutive one -year periods at the CITY's option and upon mutually agreeable terms. 13. TERMINATION. This Agreement may be terminated by any party upon TEN (10) days written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the INDEPENDENT CONTRACTOR's AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \Agreement Solenis.docx April 21, 2017 -- Page 3 of 9 Pages -- 05110117 CC AGENDA PACKET FCC 268 contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 19.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.1.1 Provide coverage for owned, non -owned and hired autos. 19.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.2.1 Provide contractual liability coverage for the terms of this Agreement. 19.2.2 Provide unlimited products and completed operations coverage. INDEPENDENT CONTRACTOR's AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \Agreement Solenis.docx April 21, 2017 -- Page 4 of 9 Pages -- 511 /17 CC ACEN A PACKET FCC 269 19.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.2.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 19.5 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 19.6 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 19.7 The insurance required hereunder shall be maintained until all INDEPENDENT CONTRACTOR's AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \Agreement Solenis.docx April 21, 2017 -- Page 5 of 9 Pages -- 511 /17 CC ACEN A PACKET FCC 270 work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 19.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 19.9 Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 19.10 It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 19.11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 20. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 21. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, 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 INDEPENDENT CONTRACTOR's AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \Agreement Solenis.docx April 21, 2017 -- Page 6 of 9 Pages -- 511 /17 CC ACEN A PACKET FCC 271 Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 22. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 23. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: Solenis LLC 3 Beaver Valley Rd. Suite #500 Wilmington, DE 19803 24. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 25. 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. 26. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any INDEPENDENT CONTRACTOR's AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \Agreement Solenis.docx April 21, 2017 -- Page 7 of 9 Pages -- 511 /17 CC ACEN A PACKET FCC 272 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. 27. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 28. 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 the property of the CITY. 29. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant 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. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 46- 5612095 CONTRACTOR is a corporation? Yes No X (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to INDEPENDENT CONTRACTOR's AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \Agreement Solenis.docx April 21, 2017 -- Page 8 of 9 Pages -- 511 /17 CC ACEN A PACKET FCC 273 be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit A - RFQ /P Exhibit B - Proposal Insurance Certificates By: Print Name: Title: "CONTRACTOR" SOLENIS LLC INDEPENDENT CONTRACTOR's AGREEMENT S: \Engineering \Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \Agreement Solenis.docx April 21, 2017 -- Page 9 of 9 Pages -- 511 /17 CC ACEN A PACKET FCC 274 EXHIBIT A pOBRNO RgAKEh Request for Qualifications and Proposals (RFQ /P) U 0� Request Centrifuge Polymer for Public Works Wastewater Division Bakersfield, California February 1, 2017 Section I. GENERAL DESCRIPTION AND REQUIREMENTS The City of Bakersfield Public Works Department Wastewater Division (City) is soliciting bids from qualified suppliers in order to establish a contract for the supply of Centrifuge polymer to be used at Wastewater Treatment Plant No. 3 (WWTP 3). The contract will have a one year term and be renewable annually for three consecutive one -year periods at the City's option and upon mutually agreeable terms. Supplier shall furnish and use, at their own expense, all materials, labor, tools, equipment, supplies, and transportation to provide the service specified herein. Suppliers wishing to submit bids shall pre - qualify each product before submitting their bid. To pre - qualify a product, Supplier shall conduct testing at WWTP 3 and determine the optimum Centrifuge polymer and dosage for the unit. The Supplier is responsible for all material and transportation costs involved in this testing, as well as the disposal of all containers and unused product resulting from testing. Supplier shall be the manufacturer of the polymer(s) or the sole authorized direct manufacturer's representative. Supplier shall arrange for time and date to conduct testing with the contact person stated in Section VIII. Supplier is to supply Centrifuge polymer in bulk delivery. The exact frequency of deliveries cannot be stated at this time, however, it can be noted that currently 3500 gallons of centrifuge polymers are delivered to WWTP 3 every month. Supplier shall deliver between the hours of 7:00 a.m. and 3:30 p.m. Monday through Friday, no weekend delivery. All deliveries will be made to Wastewater Treatment Plant No. 3, 6901 McCutchen Road, Bakersfield, CA 93313. Supplier will be responsible for offloading the polymer at delivery location. Supplier's sales representative shall provide a monthly service call to monitor polymer performance and maintain the efficiency confirmed in the trials. Supplier shall provide technical assistance to the City as needed, and shall conduct an initial site visit to optimize the product feed rate when the product is put into service. The intent of the contract is to secure a reliable Supplier to provide polymer on an "on -call as needed" basis. Every effort will be made to provide adequate lead time to the successful Supplier for bulk deliveries. For the purpose of this RFQ /P, the term "Supplier" and "Contractor" are interchangeable and refer to the firm providing the Centrifuge polymer. Section II. PRE -TRIAL SUBMITTALS Each potential Supplier will have the opportunity to bench tests (jar tests) their product(s) prior to commencing Centrifuge trials. The jar testing will be conducted at the City of Bakersfield WWTP 3 05110/17 CC AGENDA PACKET FAG 275 RFQ /P — Supply of Centrifuge Polymer For Public Works Wastewater Division Page 2 laboratory. A City staff or designee shall monitor all jar tests. Supplier shall supply all equipment necessary for jar testing and shall clean up the workspace after completing the jar testing. Before beginning Centrifuge trials, each potential Supplier must submit product specifications and safety data sheets (SDS) for the product to be tested. The City reserves the right to disqualify any polymer before the trials if a product poses a safety hazard, health hazard, or odor problem to treatment plant personnel. Product specifications shall include a viscosity standard, specific gravity, and percent active polymer content of the material as delivered to the plant. The submitted specifications will become part of the Contract of the successfully bid product and will be treated as the proprietary information of the Supplier. Section III. PRE - QUALIFICATION TRIAL PROCEDURE 1. Each Supplier will be assigned a consecutive two day trial period, seven hours per day periods to come on -site to the City of Bakersfield WWTP 3 and test their product. During their assigned trial period, each Supplier will have sole use of the Centrifuge unit. Supplier will be assigned a trial period on a first come, first served basis. The City work hours at WWTP 3 are 7:00 a. m. - 3:30 p.m. Monday through Friday. The Supplier must ensure that all their equipment, etc. has been removed and any polymer spills are adequately cleaned up by the end of business hours on the second day of their trial period. Supplier may use totes of polymer for test purposes. Supplier should be advised that the Centrifuge polymer system at WWTP 3 is currently set up to handle totes. 2. A City staff or designee will be assigned and designated as a coordinator to instruct, conduct, and assist each supplier during the trial period. Supplier shall communicate only with the coordinator and no one else. 3. Due to time and testing constraints, each Supplier will be allowed to submit only one polymer for full scale evaluation. The Supplier will use the City's polymer feed equipment during the evaluation and test. City staff or designee shall take a draw -down rate measurement at each polymer set point which supplier utilizes during their trial. City staff or designee shall record the mis /min polymer feed rate at each set point and co- relate this to the cake, sludge feed and centrate samples taken in conjunction with each set point. At the end of the trial, City staff or designee, and supplier's representatives shall review the City of Bakersfield Centrifuge Polymer Pre - Qualification Trial Log and both shall sign the log. 4. During the trial period, the Centrifuge unit will be operated by City staff. The Centrifuge unit will be operated in the same manner for all polymer trials. 5. The first day (optimization day) of the trial period is to be used by the Supplier to conduct jar testing and optimize Centrifuge performance. The City will not evaluate any performance for this day, except that the supplier will be required to declare to the City their optimum polymer dosage rate. The supplier may use several polymers during the optimization day in order to select the one polymer for the actual test period. All changes will be carried out by City staff and recorded. 6. On the second day of the trial period, samples will be collected in order to evaluate the performance of the polymer.. The test period will be four hours in length. During this period, four (4) test runs must be made, one test is run at the supplier's optimum polymer dosage rate, and three (3) additional dosage rates selected by the City. A sample of feed solids, centrate, and sludge cake will be collected at each S: \Engineering\Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \RFQP Centrifuge Polymer 2017.docx 05110/17 CC AGENDA PACKET FAG 276 RFQ /P — Supply of Centrifuge Polymer For Public Works Wastewater Division Page 3 dosage rate. The centrifuge will operate for a fifty (50) minute period at each dosing rate. City staff shall conduct and record all polymer draw -downs during centrifuge dewatering testing. City staff shall take draw -down at each polymer set point the supplier utilizes during their trial. City staff shall record the mis /min polymer feed rate at each set point and co- relate this to the cake, sludge feed and centrate samples taken in conjunction with each set point. One sample will be collected for each dosage. During the test period, the backdrive will be operating in the auto torque mode with the torque and differential speed set points determined by supplier. Supplier is allowed to change the torque and differential speed set points during each of the four test runs. During each test run, City would allow torque setting adjustment during the first 20 minutes and sampling would occur towards the end of the test run. At the end of the 50 minute period, ten minutes will be allowed for a new polymer feed rate to be established. Each supplier will be allowed to change torque set point and differential speed set point. The current torque set point is at 35, and the current differential speed set point is at 2.5. 7. Sludge feed rate for all supplier will be the same at 200gpm. Supplier will be required to treat all feed sludge despite variations in any of its characteristics. 8. Only designated City representatives will collect samples. Both the feed and the centrate samples will be approximately 100 ml samples poured into plastic containers. The cake samples will be one 1 00m sample transferred to a sample container. The sample containers will have the following information written onto blank labels: Date, sample collection time (to the nearest minute), sample type, sampler's name, supplier's name and polymer tested, and sample set number. All samples collected shall be tested at the WWTP 3 laboratory. Each Supplier will receive a copy of their results from the City. City will analyze for % Solids on the sludge cake, % Solids on feed sludge, TSS on centrate sample, and will provide the % solids capture (Capture Efficiency). Analysis will be based on Standard Methods for the Examination of Water and Wastewater, 20th Edition. Section IV. METHOD OF PRE - QUALIFICATION EVALUATION The lab results shall be used to determine if the polymer tested meets the minimum criteria for pre - qualification which are as follows: a. Sludge Cake % Solids shall be greater or equal to 18 %. b. % Solids Capture (Capture Efficiency) shall be equal or greater to 95% Only polymers that fulfill both of the above criteria will be pre - qualified. If all polymers tested fail to meet the pre - qualification criteria, consideration will be given to the best performing polymers. Wastewater Division will issue a letter stating the pre - qualification results. Supplier shall submit only the pre - qualified polymer proposal price. Any polymer without the pre - qualified letter from Wastewater Division will not be considered. Once the feed solids have been determined, the City will determine the dosage at each set point in terms of Ibs of neat polymer /dry Ton of solids. The City will issue an official bid sheet for all "qualified" suppliers, on which the official dosage at which the suppliers qualified, as determined by the City, is shown and utilized in the final calculation. SAEngineering\Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \RFQP Centrifuge Polymer 2017.docx 05110/17 CC AGENDA PACKET FAG 277 RFQ /P — Supply of Centrifuge Polymer For Public Works Wastewater Division Page 4 Section V. METHOD OF EVALUATION After receiving the pre - qualified letter from Wastewater Division, Supplier shall provide proposal price to the City. The contract will be awarded to the Supplier whose polymer gives the lowest Annual Polymer Cost calculated using the following formulas: Capture Efficiency —_ (Feed Solids — Centrate Solids) Feed Solids Feed Solids= value from trials Centrate Solids= value from trials Annual Polymer Quantity = (Dosage * Annual Sludge Quantity) Capture Efficiency Description: Dewatering polymer to treat digested bio solids to achieve 95% or greater solids capture and produce 18% or greater solids sludge cake. Dosage = Polymer dosage determined during performance testing, Ibs neat polymer /dry ton sludge Annual Sludge Quantity = 5000 DT /yr Capture Efficiency = value calculated from above % Solids Capture (Capture Efficiency) shall be equal or greater to 95% Annual Cost = (Price * Annual Polymer Quantity) + [(Current H &D Costs * (Current Cake % )� Test Cake % The contract will be awarded to the Supplier whose polymer gives the lowest Annual Costs calculated using the above formula. Price= Proposal price to be provided by supplier Annual Polymer Quantity= Value calculated from above formula Current H &D Costs= $82,000 Current Cake % = 18% Test Cake % = Value from trial runs Section VI. FEE PROPOSAL Request for payment of services shall be billed, with an itemized invoice, to the City in accordance with the proposal price submitted in response to this RFQ /P. The proposal price submitted with this RFQ /P shall be held constant throughout the term of this agreement. S: \Engineering\Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \RFQP Centrifuge Polymer 2017.docx 05110/17 CC AGENDA PACKET PG 2 7$ RFQ /P — Supply of Centrifuge Polymer For Public Works Wastewater Division Page 5 The Supplier will be responsible for compensating their employees in accordance with all applicable labor laws and regulations. Section VII. TIME SCHEDULE Event Date RFQ /P Released February 1, 2017 Pre - Qualification trials Feb 8 — March 8, 2017 Pre - Qualification letters sent out March 15, 2017 Proposal price from qualified suppliers due latest by* March 29, 2017 at 3:00 p. m. Final results sent out April 5, 2017 City Council award date April 19, 2017 *Proposal price should be submitted to: City of Bakersfield Wastewater Treatment Plant No. 3 Attn: Sameena Gill 6901 McCutchen Road Bakersfield, CA 93313 Section VIII. POINT OF CONTACT For scheduling a pre - qualification trial and for any questions regarding this RFQ /P, please contact: Sameena Gill Engineer 1 661 - 326 -3249 sgill @bakersfiedcity.us Section IX. SOLICITATION CAVEAT The proposer understands and agrees that the City of Bakersfield shall have no financial responsibility for any costs incurred by the proposer in responding to this Request for Qualifications /Proposals and shall not be liable for any proposer costs attributed to its own study and investigation or design of a specific project until the proposer has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this Request for Qualifications /Proposals after three (3) days' notice to all prospective proposers. The submission of a proposal shall be conclusive evidence that the consultant has investigated and satisfied themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield. Section X. CONTRACT DOCUMENTS SAEngineering\Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \RFQP Centrifuge Polymer 2017.docx 05110/17 CC AGENDA PACKET FAG 279 RFQ /P — Supply of Centrifuge Polymer For Public Works Wastewater Division Page 6 A sample copy of the City's INDEPENDENT CONTRACTOR'S AGREEMENT is included as Exhibit A with this RFQ /P. Please review the agreement carefully. This is the contract the SUPPLIER will be expected to execute without alteration. If any changes are desired, the Supplier must submit a copy of the requested modifications to the City for approval at least seven (7) calendar days prior to the end of proposal period and Final Results are sent out. If approved, the City will then issue the changes to all prospective suppliers prior to the due date. As part of its submittal package, an officer of the firm must sign and return a copy of the sample agreement. The signature indicates that the firm accepts the clauses of the contract, including the indemnity clause, as stated in the enclosed sample copy of the City's agreement and any modifications thereto issued by the City during this solicitation. An "Acknowledgment Line" which reads as the following will be found below the signature line of the draft agreement. The officer must review the sample agreement carefully prior to signing the draft agreement. "I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City's RFQ /P. My signature below shall signify our firm's acceptance of a final version of the same contract if our firm is selected for awarding a contract for the project as described in said RFQ /P." The Supplier shall not be allowed to alter or negotiate contract language after the submittal of Supplier's Statement of Qualifications /Proposals. Failure to execute the contract without alteration may result in the rejection of the Supplier's proposal and the retaining of a different supplier by the City. At the time of contract execution, the Supplier will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement. Section XI. TERMINATION FOR DEFAULT AND CAUSE In the event that the Supplier fails to perform under the terms of the contract, the City may cancel the contract with five (5) days written notice to the Supplier. Termination for cause shall be at the discretion of the City and such cause shall include, but not be limited to, the following circumstances: a. If the Supplier shall fail to provide services, supplies or materials or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part. b. Any assignment, subletting or transfer of the interest of the Supplier, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default. After receipt of a notice of termination, except as otherwise directed, the Supplier shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders, except as necessary for completion of such portion of the work not terminated; and settle all outstanding liabilities and claims. In case of default by Supplier, the City may procure the articles or services from other sources and hold the Supplier and /or it's surety responsible for any resulting additional purchase and administrative costs and may deduct from monies due, or that may thereafter become due to the Supplier, the difference between the contract price and the actual cost thereof to the City, including all costs for re- procurement SAEngineering\Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \RFQP Centrifuge Polymer 2017.docx 05110117 CC AGENDA PACKET FAG 280 RFQ /P — Supply of Centrifuge Polymer For Public Works Wastewater Division Page 7 and contract completion. Prices paid by the City shall be considered the prevailing market price at the time such costs are incurred. This remedy shall be in addition to any other remedies that the City may have. Section XII. CONTRACT PRICING The unit prices quoted by the Contractor shall be firm against any increase for a period of one (1) year from the effective date of the Contract. Prior to commencement of subsequent renewal terms, the City will entertain a request for price adjustments. Annual adjustments shall be based on the U.S. Department of Labor Consumer Price Index (CPI) for All Urban Consumers (CPI -U) for the most current twelve month reporting period available. Contract price may be adjusted to reflect any increase or decrease in price of materials and overhead based on the movement of the unadjusted figures of the U.S. Dept. of Labor Producer Price Index (PPI) - Chemical and Allied Products (Serial ID# WPU06790961). Calculations of price adjustments shall use the latest version of the published PPI data. Price adjustments shall be calculated by applying the simple percentage method. This method is defined as dividing the Index value at time of calculation (latest version of the Index published as of the date of the request for price adjustment) by the Index value of base period (final published data of the Index for the base period at the time of bid or subsequent renewal periods), then multiplying the sum by the base price (price at time of award). Adjusted Price = Index Value at Time of Calculation Index Value of Base Period * Price at Time of Award The City will consider annual price increases only in cases when Contractor's commercial rates have changed for all customers served by Contractor. The price change cannot apply only to services provided under this Agreement. Adjustments shall in no case exceed five percent (5 %). It will be the responsibility of the Contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the City within the sixty (60) calendar day period prior to the annual anniversary date of the Contract. Requests filed after this time period may not be considered. The City will review the request for increase and either grant or deny the request within fifteen (15) calendar days. Any Contract unit price changed as a result of this procedure shall become effective on the anniversary date of the Contract and shall be binding on the Contractor for the ensuing renewal term or terms. If the Supplier and the City do not agree on a price, using the procedure set forth above, by the thirtieth (30th) day prior to the end of the initial Agreement term or the end of the ensuing renewal term or terms, the City may terminate the Agreement whether or not the City has previously elected to extend the term. The City reserves the right to accept or reject any request for a price increase. If the City approves the price increase, the price shall remain firm for one (1) year from the effective date of the price increase. If the City does not approve the price increase, the Contractor may terminate its performance under the Agreement upon sixty (60) days advance written notice to the City. Termination of performance shall be the Contractor's only remedy if the City does not approve the price increase. S: \Engineering\Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \RFQP Centrifuge Polymer 2017.docx 05110117 CC AGENDA PACKET FAG 281 RFQ /P — Supply of Centrifuge Polymer For Public Works Wastewater Division Page 8 If at any time during the term of the Agreement a price decrease occurs, the Contractor shall submit a price decrease in accordance with the methodology prescribed herein. The price decrease shall become effective upon the City's receipt of Contractor's notice. Section XIII. EXTREME ECONOMIC CONDITIONS During the term of the Contract, should the Contractor's costs increase more than ten percent (10 %) due to extreme economic or market conditions, the City may consider additional increases under the Contract. It will be the responsibility of the Contractor to request a price adjustment and to provide all documentation necessary and requested by the City. The City reserves the right to accept or reject any request for a price increase. If the City approves the price increase, the price shall be subject to review as market or economic conditions change. All price decreases of any amount occurring after an adjustment for extreme economic conditions shall be immediately passed to the City. If the City does not approve the price increase, the Contractor may terminate its performance under the Agreement upon sixty (60) days advance written notice to the City. Termination of performance shall be the Contractor's only remedy if the City does not approve the price increase. S: \Engineering\Annual Contract & Request For Proposal \RFP Dewater Polymer \2017 \RFQP Centrifuge Polymer 2017.docx 05110117 CC AGENDA PACKET FAG 282 Exhibit A AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY" herein) and ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: 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. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Dollars ($ ) which shall be paid as follows: . The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be INDEPENDENT CONTRACTOR'S AGREEMENT T:\Attorney- Boiler \TOP 5 Boilerplate Con tracts \CouncilAgrs- over$40,000 \Independent -k.doc B Updated — March 9, 2015 - -Page 1 of 8 -- 0511 0 117 CC AGENDA PACKET FCC 283 made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. 5. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY. 6. 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. 7. 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. 8. 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. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees. 9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 11. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is INDEPENDENT CONTRACTOR'S AGREEMENT T:\Attorney- Boiler \TOP 5 Boilerplate Con tracts \CouncilAgrs- over$40,000 \Independent -k.doc B Updated — March 9, 2015 - -Page 2 of 8 -- 05110117 CC AGENDA PACKET FCC 284 made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on (date). 13. TERMINATION. This Agreement may be terminated by any party upon ( ) days written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. INDEPENDENT CONTRACTOR'S AGREEMENT T:\Attorney- Boiler \TOP 5 Boilerplate Con tracts \CouncilAgrs- over$40,000 \Independent -k.doc B Updated — March 9, 2015 - -Page 3 of 8 -- 05110117 CC AGENDA PACKET FCC 285 19. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 19.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.1.1 Provide coverage for owned, non -owned and hired autos. 19.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.2.1 Provide contractual liability coverage for the terms of this Agreement. 19.2.2 Provide unlimited products and completed operations coverage. 19.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.2.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. INDEPENDENT CONTRACTOR'S AGREEMENT T:Wttorney- Boiler \TOP 5 Boilerplate Con tracts \CouncilAgrs- over$40,000 \Independent -k.doc B Updated — March 9, 2015 - -Page 4 of 8 -- 05110117 CC AGENDA PACKET FCC 286 19.5 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -: VII must be declared prior to execution of this Agreement and approved by the CITY in writing. 19.6 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 19.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 19.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 19.9 Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 19.10 It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 19.11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. INDEPENDENT CONTRACTOR'S AGREEMENT T:\Attorney- Boiler \TOP 5 Boilerplate Con tracts \CouncilAgrs- over$40,000 \Independent -k.doc B Updated — March 9, 2015 - -Page 5 of 8 -- 05110117 CC AGENDA PACKET FCC 287 20. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 21. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, 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. 22. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 23. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: 24. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 25. 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. 26. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this INDEPENDENT CONTRACTOR'S AGREEMENT T:\Attorney- Boiler \TOP 5 Boilerplate Con tracts \CouncilAgrs- over$40,000 \Independent -k.doc B Updated — March 9, 2015 - -Page 6 of 8 -- 05110117 CC AGENDA PACKET FCC 288 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. 27. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 28. 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 the property of the CITY. 29. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant 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. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. INDEPENDENT CONTRACTOR'S AGREEMENT T:\Attorney- Boiler \TOP 5 Boilerplate Con tracts \CouncilAgrs- over$40,000 \Independent -k.doc B Updated — March 9, 2015 - -Page 7 of 8 -- 05110117 CC AGENDA PACKET FCC 289 "CITY" CITY OF BAKERSFIELD Karen Goh Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney (NAME & TITLE) Insurance: APPROVED AS TO CONTENT: CITY DEPARTMENT NAME By: (DEPARTMENT HEAD NAME) (TITLE) COUNTERSIGNED: NELSON SMITH Finance Director Attachment: Exhibit "CONTRACTOR" By: Print Name: Title: INDEPENDENT CONTRACTOR'S AGREEMENT T:\Attorney- Boiler \TOP 5 Boilerplate Con tracts \CouncilAgrs- over$40,000 \Independent -k.doc B Updated — March 9, 2015 - -Page 8 of 8 -- 05110/17 CC ACEN A PACKET FCC 290 EXHIBIT B 111110k so Len is. Strong bonds. Trusted solutions, solenis.com April 17, 2017 City of Bakersfield Wastewater Treatment Plant No. 3 Attn: Sameena Gill 6901 McCutchen Road Bakersfield, CA 93313 RE: RFQ/P Centrifuge Polymer for Public Works Wastewater Division In response to the City's bid for Centrifuge Polymer, Solenis LLC, (formerly Hercules incorporated), is pleased' to submit the following: Praestol K148LJ • Packaging: Bulk Delivery • Delivery: 7-10 days after receipt of order • Terms, Net 30 • MSDS,, Product Data Sheet & COA: Enclosed • Order Processing: Contact sheet enclosed Solenis manufactures among the highest quality, most cost effective polymers in the world and provides, reliable technical service and sales support to our customers. Thank you for this opportunity, and we look forward to hearing from you soon. Sincerely, ae Gary Woulard Pricing Director Solenis LLC e 3 (Beaver Valley Road e Suite 500 e Wilmington, DE e 19803 * solenis,com 05110/17 CC A GEN PACKET PG 291 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Agreements o. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 4/19/2017 111-11 V 03 SUBJECT: Agreement with Greater Bakersfield Legal Assistance, Inc. (GBLA) ($100,000) to provide fair housing services. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: As a recipient of U.S. Department of Housing and Urban Development (HUD) entitlement grant funding and other federal grant funds, the City is required to comply with the Fair Housing Act of 1968, and HUD's Affirmatively Furthering Fair Housing Rule (AFFH). The Fair Housing Act and AFFH require that, at least once every five years, the City identify impediments to fair housing, take actions to prevent housing discrimination, and take meaningful action to affirmatively further fair housing. The City achieves compliance with these requirements by preparing an Analysis of Impediments to Fair Housing Choice (AI) document; and the most recent version was approved by City Council in May 2015. The Al identified a need for the City to expand its fair housing services including, but not limited to, education, outreach, intake of complaints, tenant-landlord dispute resolution, proactive testing, and fair housing enforcement and referral. Furthermore, HUD's Office of Fair Housing and Equal Opportunity (FHEO) strongly recommends that entitlement communities ensure the quality of fair housing activities and services by partnering with Qualified Fair Housing Enforcement Organizations (QFHOs). Therefore, on May 18, 2016, City Council awarded Greater Bakersfield Legal Assistance with an agreement to provide fair housing services for the City. It was also decided the 12 month contract may be renewed annually thereafter for a total of five years at the City's option and upon mutually agreeable terms. City staff recommends the renewal of the agreement with Greater Bakersfield Legal Assistance to provide fair housing services for Fiscal Year 2016-2017. City Council previously approved the use of CDBG funds for fair housing services provided by Greater Bakersfield Legal Assistance through the approval of the Fiscal Year 2016-2017 Action Plan on May 4, 2016. 05110/17 CC AGENDA PACKET PG 292 This attached agreement outlines the terms and scope of fair housing services to be provided by GBLA, and would cover year two of five of the City's renewal option. This agreement is funded in whole by Community Development Block Grant funds, and will have no impact on the General Fund. ATTACHMENTS: Description D GBI /k Fair h bUSiI`Ig /kgireeirneint 20,16 20,17 D City of Bakeirsfied Fair h bUSiI`Ig Services RFP D GBI /k Fair bUSiI`Ig Pirqposa ... Pair( 1 D GBI /k Fair bUSiI`Ig Pirqposa ... Pair( 2 Type /kgireeirneint Exhibit Exhibit Exhibit 05110117 CC AGENDA PACKET PG 293 AGREEMENT NO. GREATER BAKERSFIELD LEGAL ASSISTANCE GRANT AGREEMENT FOR FAIR HOUSING SERVICES THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation ( "CITY" herein) and GREATER BAKERSFIELD LEGAL ASSISTANCE, INC., a 501 (C) (3) California non - profit, legal aid organization ( "GBLA" herein). RECITALS WHEREAS, the Congress of the United States has enacted Title I of the Housing and Community Development Act of 1974, and amendments (the "Act "). The Act provides for Community Development Block Grants for eligible activities; and WHEREAS, CITY has submitted required documents to the Department of Housing and Urban Development ( "HUD ") for receipt of a Community Development Block Grant ( "Grant ") pursuant to the Act; and WHEREAS, as a HUD Entitlement Community, CITY is obligated to affirmatively further fair housing pursuant to and in compliance with the Fair Housing Act of 1968 by taking measures to prevent housing discrimination and to promote housing choice for all persons; and WHEREAS, on May 6, 2015, CITY approved an Analysis of Impediments to Fair Housing Choice and Consolidated Plan 2020 which collectively identified fair housing issues and outlined CITY actions for preventing housing discrimination and affirmatively furthering fair housing; and WHEREAS, as part of the FY2016 -17 HUD Action Plan, approved by the City Council on May 4, 2016, grant funds were set aside for Fair Housing Program Services; and WHEREAS, on February 12, 2016, the CITY issued a request for proposals (RFP) to provide Fair Housing Program Services in cooperation with CITY and pursuant to CITY's Analysis of Impediments to Fair Housing Choice. WHEREAS, GBLA is a non - profit legal aid organization with experience and a proven track record in providing fair housing and related services, and Fair Housing Service Agreement 05110117 CC AGENDA PACKET FAG 294 WHEREAS, GBLA submitted the preferred proposal for Fair Housing Program Services; and WHEREAS, California Government Code Section 53703 authorizes cities to participate in federally- funded health, welfare, public works, and community - improvement programs, and empowers cities to contract with public and private agencies; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and GBLA mutually agree as follows: 1. NATIONAL OBJECTIVES. GBLA certifies that the activities carried out with funds provided under this AGREEMENT will meet the Grant program's National Objective -- principally benefit low /moderate income persons as defined in 24 C F R Part 570.208(a) (2) (A). 2. DEFINITIONS. Except as modified by the "Grant Agreement," to be entered into by CITY, GBLA, and HUD, any term defined in Title I of the Act, or the HUD Grant Fund Regulations at 24 CFR 570, shall have the same meaning in this Agreement. 2.1. "Program" means CITY's Community Development Program, and its administration. 2.2. "Activities" means fair housing program services provided by GBLA as described in Exhibit "A." 3. GRANT. It is expressly agreed and understood that the total amount granted by CITY to GBLA under this Agreement shall not exceed ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00). Such grant shall only be used to pay for services provided as set forth in Exhibit "A." and in accordance with this agreement. 3.1. Disbursement of Funds. CITY shall not be obligated to disburse, or pay to, GBLA or any third party, any funds until and after CITY receives Grant funds from the federal government. If CITY does not receive such funds, CITY or GBLA, at its option, may terminate this Agreement without any liability to the other. GBLA shall not be entitled to any damages from CITY and CITY shall not be entitled to any remedy against GBLA if either terminates the Agreement, even if GBLA, CITY or any third party has detrimentally relied upon this Agreement. 3.1.1. GBLA shall conform to the "time frame" as set forth in Exhibit "A," attached hereto and incorporated herein by reference. GBLA shall pay for Fair Housing Service Agreement 2 05110117 CC AGENDA PACKET FCC 29.E any and all costs greater than ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00) . 3.2. Scope Of Grant. The scope of grant is set forth in Exhibit "A" which is attached hereto and incorporated herein by reference as if set forth in full. 3.2.1. That portion of the scope of grant related to the operation of GBLA grant activities shall specifically comply with the requirements set forth in 24 CFR 570, 24, Subpart J; CFR 570.60, 24 Subpart K, 24 CFR Part 84; OMB Circular A -122; and OMB Circular A -133. 3.3. Eligible Claims for Payment. CITY agrees to pay eligible claims for payment to GBLA within thirty (30) days after CITY receives an eligible claim for payment and performance report as set forth herein, and a properly - designated GBLA official certifies the claim. 3.4. Method of Payment. GBLA shall properly itemize and document claims for payment to show clearly the items, tasks, or services for which GBLA claims reimbursement, as well as describing to which of the Activities the payment is related. GBLA shall also describe the basis for computation: cost per hour, cost per task, or other measurement as CITY may specify. CITY may review the claim for completeness and accuracy, and may refuse to pay any claim until explained to CITY's satisfaction. 3.5. Term. The term of this Agreement shall be for a period of twelve (12) months, beginning at the date of execution of this agreement. 4. GBLA'S OBLIGATIONS. In addition to the terms stated herein, GBLA shall comply with the following Federal and State laws and regulations: 4.1. Laws and Regulations 4.1.1. Federal. GBLA shall obey the Act, any amendments, Federal regulations and guidelines now or hereafter enacted pursuant to the Act, terms of the Grant to CITY now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration of the Grant, or any other statute, regulation, or guideline applicable to the Program. GBLA shall become familiar with the appropriate statues, regulations, and guidelines governing the Grant program. 4.1.2. California. GBLA shall comply with all provisions of California law applicable to this Agreement. Fair Housing Service Agreement 3 05110/17 CC ACEN A PACKET FCC 296 4.1.3. Independent Contractor. GBLA understands and agrees that it is an "independent contractor' with respect to the services to be performed under this Agreement. GBLA 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. CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance. This shall not be construed as forming a partnership or any other association with GBLA other than that of an independent contractor. 4.1.4. Indemnification. GBLA shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees and HUD 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 GBLA, GBLA'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. 4.1.5. Insurance. In addition to any other insurance or bond required under this Agreement, GBLA shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 4.1.5.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 4.1.5.1.1. Provide coverage for owned, non -owned and hired autos. 4.1.5.2. Broad form commercial -general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 4.1.5.2.1. Provide contractual liability coverage for the terms of this Agreement. 4.1.5.2.2. Provide products and completed operations coverage. Fair Housing Service Agreement 0 05110/17 CC ACEN A PACKET FCC 297 4.1.5.2.3. Contain an additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and volunteers. 4.1.5.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 4.1.5.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of CITY, its mayor, council, officers, agents, employees and designated volunteers. 4.1.5.4. Except for professional liability, all policies required of GBLA shall be primary insurance as to CITY, its mayor, council, officers, agents, employees or designated volunteers, and any insurance or self- insurance maintained by CITY shall be excess of GBLA's insurance and shall not contribute with it. 4.1.5.5. Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insurance retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 4.1.5.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 4.1.5.7. The insurance required hereunder shall be maintained at all times during the term of this Agreement or any extension thereof. 4.1.5.8. GBLA shall furnish CITY's Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of Fair Housing Service Agreement 5 05110117 CC AGENDA PACKET FCC 298 insurance and endorsements required have not been provided prior to the execution of this Agreement. 4.1.5.9. Full compensation for all premiums which the GBLA is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefore or for additional premiums which may be required by extensions of the policies of insurance. 4.1.5.10. It is further understood and agreed by GBLA that its liability to CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by GBLA in connection with this Agreement. 4.1.5.11. Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for GBLA. 5. ADMINISTRATIVE REQUIREMENTS. 5.1. Financial Management. 5.1.1. Accounting Standards. GBLA agrees to comply with 24 CFR Part 84 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 5.1.2. Cost Principles. GBLA shall administer its program in conformance with OMB Circulars A -122, "Cost Principles for Non - Profit Organizations." 5.1.3. Documentation and Record Keeping. 5.1.3.1. Records to be Maintained. GBLA shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records include, but are not limited to: 5.1.3.1.1. Records providing a full description of each activity undertaken; 5.1.3.1.2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; Fair Housing Service Agreement R 05110/17 CC ACEN A PACKET FCC 299 5.1.3.1.3. Records required to determine the eligibility of activities; 5.1.3.1.4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with Grant assistance; 5.1.3.1.5. Records documenting compliance with the fair housing and equal opportunity components of the Grant program; 5.1.3.1.6. Financial records as required by 24 CFR Part 570.502, and 24 CFR Part 84; 5.1.3.1.7. Other records necessary to document compliance with Subpart K of 24 CFR 570. 5.1.3.2. Retention. GBLA shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the expiration of the Future Use Restriction Period under this Agreement. Records for non - expendable property acquired with funds under this contract shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he /she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five -year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three -year period, whichever occurs later. 5.1.3.3. Client Data. GBLA shall maintain client data demonstrating client eligibility for services provided. Such information shall include, but not be limited to, client name, address, income level, or other basis for determining eligibility, and description of service provided. GBLA shall also collect and maintain data regarding race, ethnicity and disability status of clients. Such information shall be submitted to CITY or its designees for review on a quarterly basis. 5.1.3.4. Property Records. GBLA shall accept title to and be responsible for the maintenance and operation of the improvements made under this Agreement. 5.1.3.4.1. GBLA shall maintain real property inventory records which clearly identify properties purchased, improved or sold. Properties Fair Housing Service Agreement 7 05110117 CC AGENDA PACKET FCC 300 retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Part 570.503(b) (8) as applicable. 5.1.3.5. Close -Outs. GBLA's obligation to CITY shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. 5.1.3.6. Audits and Inspections. All GBLA records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the Federal Government, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the GBLA within 30 days after receipt by it. Failure of GBLA to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. GBLA hereby agrees to have an annual audit conducted in accordance with current CITY policies concerning subrecipient audits and, as applicable, OMB Circular A -133, "Single Audit ". 5.2. Reports and Payment Procedures. 5.2.1. Program Income. GBLA shall report annually all program income as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by GBLA shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, GBLA may use such income during the Agreement period for activities permitted under this and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to CITY at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to CITY. 5.2.2. Indirect Costs. If indirect costs are charged, GBLA will develop an indirect cost allocation plan for determining its appropriate share of administrative costs and shall submit such plan to CITY for approval, in a form specified by CITY. 5.2.3. Progress Reports. GBLA shall submit regular Progress Reports to CITY quarterly as described in Exhibit "A" on forms approved by CITY. Fair Housing Service Agreement i 05110117 CC AGENDA PACKET FCC 301 5.3. Personnel and Participant Conditions 5.3.1. Non - discrimination Requirements. Under any related agreements or contracts, GBLA shall provide that no person, on the grounds of race, color, national origin, religion, sex or physical handicap, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG Program funds. In addition, CDBG Program funds must be made available in accordance with the following: 5.3.1.1. The requirements of the Fair Housing Act and implementing regulations at 24 CFR 100. 5.3.1.2. Executive Order 11063 (Equal Opportunity in Housing). 5.3.1.3. Title VI of the Civil Rights Act of 1964 (Public Law 88 -352) and Title VIII of the Civil Rights Act of 1968 (Public Law 90 -284 nondiscrimination and fair housing on federally assisted programs). 5.3.2. Rehabilitation Act of 1973 and Americans with Disabilities Act. This Agreement is subject to the provisions of Section 503 and 504 of the Rehabilitation Act of 1973 (Public Law 930112), 29 USC 706, and attendant regulations at 24 CFR, Part 8, which provide that no otherwise qualified, disabled individual shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. This Agreement is also subject to the Americans with Disabilities Act of 1990 (Public Law 101 -336), as amended, 42 USC 12101, et. seq.; and, facilities operated by GBLA under this Agreement shall comply with Americans with Disabilities Act Accessibility Guidelines (ADAAG) 2010, under which GBLA will be monitored annually by CITY or designee. 5.3.3. Non - discrimination Because of Age. This Agreement is subject to the Age Discrimination Act of 1975, as amended, (Title III of Public Law 94 -135) and attendant Code of Federal Regulations at 48 CFR, Part 22, Subpart 22.9. That Act sets forth that, except as otherwise provided, no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 5.3.4. Equal Employment Opportunity (Non- discrimination Clause). GBLA shall not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, national origin, age, disability, or sexual orientation. GBLA shall take affirmative action to insure that applicants Fair Housing Service Agreement we 05110117 CC AGENDA PACKET FCC 302 for employment and employees are treated during employment, without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. GBLA shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY or HUD setting forth the provisions of this nondiscrimination clause. GBLA shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. 5.3.5. Women- and Minority -Owned Business Enterprises. GBLA agrees to abide by the requirements of Executive Orders 11625, 12432 and 12138, the HUD regulations issued pursuant thereto at 41 CFR Part 24, 41 CFR Subpart 1 -1.13, and any applicable rules and orders of HUD. The foregoing require the maximum practicable opportunity to participate, in contracts funded in whole or in part with federal funds, be provided to women- and minority -owned business enterprises, as subcontractors and suppliers to contractors performing work, or rendering services as prime contractors or subcontractors, under federally- funded procurement contracts. 5.3.6. Affirmative Action for the Vietnam -Era Veterans. GBLA shall comply with 48 CFR, Chapter 1, Subpart 22.13 and shall take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based on disability or veteran's status in all employment practices such as employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 5.3.7. Small Business Concerns. This Agreement is subject to the requirements of the Small Business Act (15 USC 631 et seq.), as amended, applicable HUD regulations at 48 CFR, Part 19, and any applicable rules and orders of HUD requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small- business concerns in order to preserve free competitive enterprise; and placement with small businesses of a fair proportion of the total federally- funded purchases and contracts for property and services. 5.3.7.1. GBLA shall implement the specific small- business policies herein below to further the goals of the Small Business Act: Fair Housing Service Agreement Iffill 05110117 CC AGENDA PACKET FCC 303 5.3.8. Equitable Opportunity. GBLA shall give small businesses an equitable opportunity to compete for prime contracts and subcontracts. GBLA shall include the applicable "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns" clause in all contracts in connection with this Activity in amounts which may exceed $10,000 except; 5.3.8.1. Contracts which are to be performed entirely outside the United States; and 5.3.8.2. Contracts for personal services. 5.3.8.3. Bidder mailing lists shall include established and potential qualified small- business concerns; 5.3.8.4. GBLA shall send invitations for bids, or request for proposals, to all firms on the appropriate mailing list which shall include an appropriate number of small businesses; 5.3.8.5. GBLA shall publicize proposed procurement and contract awards in accordance with these policies; 5.3.8.6. GBLA shall divide procurement of property and services into reasonably small lots (not less than economic production runs) to permit bidding on quantities less than the total requirements; 5.3.8.7. GBLA shall allow the maximum amount of time practical for preparation and submission of bid and proposals; 5.3.8.8. GBLA shall establish realistic delivery schedules to encourage small business participation; 5.3.8.9. GBLA shall furnish applicable specifications, plans, and drawings with invitations for bids and request for proposals or information as to locations where they may be obtained, or examined; 5.3.8.10. GBLA shall treat equal low bids in accordance with 48 CFR Subpart 14.408 -1; 5.3.8.11. GBLA shall encourage subcontracting to enroll small businesses. 5.3.8.12. GBLA shall place small purchases (amounts under $25,000) with small businesses whenever appropriate; Fair Housing Service Agreement 05110117 CC AGENDA PACKET FAG 304 5.3.8.13. GBLA shall refer small businesses seeking federal contracts, but lacking qualifications as contractors, to CITY and the Small Business Administration for assistance as may be appropriate; 5.3.8.14. GBLA shall refer offers from small business concerns otherwise qualified, to perform specific federal contracts but ineligible under Walsh - Healey Public Contract Acts, to City and Small Business Administration for possible certification of eligibility to receive and perform the contract; 5.3.8.15. To the extent practicable, GBLA shall place work to be performed, which exceeds the maximum amount of any contract for which a surety may be guaranteed against loss, so that more than one small- business concern may perform the work; and 5.3.8.16. The Small Business Administration may certify a small business, otherwise qualified to receive and perform specific federal contracts but determined to be non - responsible, to be competent under the provisions of the Small Business Act. 5.3.9. Federal Labor Standards Provisions. GBLA shall comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provision of Contract Work Hours and Safety Standards Act, the Copeland "Anti- Kickback" Act (40 U.S.C. 276a- 276a5; 40 U.S.C. 327 and 40 U.S.C. 276c) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. GBLA shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to CITY for review upon request. 5.3.9.1. Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, GBLA, and all contractors engaged under contracts in excess of $2,000 for the construction, alteration, and /or repair of any building or work financed in whole or in part with Federal funds provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR parts 3, 5, and 5.5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve GBLA of its obligation, if any, to require payment of higher rates. GBLA shall cause or require to be inserted in full, in all such contracts subject to such regulations, the clause, or any modification thereof, set out in 29 CFR parts 3, 5, and 5.5a. GBLA shall comply with the procedures set out in the HUD handbook Fair Housing Service Agreement 12 05110117 CC AGENDA PACKET FAG .30.E 1344.1, "Federal Labor Standards Compliance in Housing and Community Development Programs" (as amended). 5.3.9.2. GBLA shall make no awards of contracts under this Agreement to any contractor ineligible under any applicable regulations of the Department of Labor. 5.3.10. Use of Grant Funds for Religious Purpose. GBLA shall permit no CDBG funds to be expended for the design, construction, operation, or maintenance of any facility to be used for sectarian instruction or as a place for religious worship, except in situations where such use is incidental and does not favor one religious group over another, as further described at 24 CFR 576.22. 5.3.11. Prohibited Interest of Officials and Employees. No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from it. No member, officer or employee of GBLA, or its designees or agents, no member of CITY's Council or any other public official who exercises any functions or responsibilities with respect to the CDBG Program during their tenure, or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement and the requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR 60 . 5.3.12. Political Activity. GBLA shall expend no Grant funds to finance any political activity in contravention of the Hatch Act (Chapter 15 of Title 5 of the United States Code). 5.3.13. Lobbying. GBLA certifies, to the best of its knowledge and belief, no Federally- appropriated funds have been paid or will be paid, by or on behalf of GBLA, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 5.3.13.1. If funds, other than Federally- appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, GBLA shall Fair Housing Service Agreement 13 05110117 CC AGENDA PACKET FCC 306 complete and submit, in accordance with its instruction, Certification Regarding Lobbying, Exhibit "C" attached hereto. 5.3.14. Druq -Free Workplace Act of 1988. GBLA, in executing this, certifies that it and any of its agents or subcontractors will maintain a drug -free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F. GBLA shall complete and submit, in accordance with its instruction, Certification Regarding Drug Free Workplace, Exhibit "D" attached hereto. 5.4. Environmental Conditions. 5.4.1. Environmental Considerations. CITY and GBLA 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 particular projects, and the CEQA review procedures (Title 14, Section 15000 et. seq. of the California Administrative Code) in connection with this Project as rapidly as possible. Project delay occasioned by delay in obtaining HUD approval or in the CEQA review procedures shall extend the estimated work completion time frame. 5.4.2. Clean Air and Water Acts. This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., Executive Order 11738, dated September 10, 1973, and the regulations of the Environmental Protection Agency at 40 CFR Part 15, as amended. 5.4.2.1. GBLA shall cause or require to be inserted in full 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, the clause set out in 48 CFR 52.223 -2. 5.4.2.2. GBLA 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. 5.4.2.3. GBLA shall not use any funds under this Agreement for a facility which has a conviction under Section 1 13(c) (1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 5.4.3. Relocation Assistance and Acquisition Policies. This Agreement is subject to the requirements of the Uniform Relocation Assistance and Real Fair Housing Service Agreement IM 05110117 CC AGENDA PACKET FCC 307 Property Acquisition Policies Act of 1970 (42 USC 4601), and the HUD implementing regulations. 5.4.4. Architectural Barriers Act of 1968. This Agreement is subject to the requirements of the Architectural Barriers Act of 1968, as amended (42 USC 4151, et. seq.) and its regulations (41 CFR Subpart 101- 19.6). 5.4.5. Historic Preservation. GBLA shall take into account the effect of the Project on any GBLA, site, building, structure or object listed in or found by the Secretary of Interior, pursuant to 36 CFR 800, to be eligible for inclusion by the National Park Service. GBLA shall eliminate or minimize any adverse impact on a historic property. Activities affecting such properties must comply with Section 106 of the National Historic Preservation Act of 1966 (16 USC 470f), P.L. 89 -665, Executive Order 11593, May 13, 1971, the Preservation of Archaeological and Historical Data Act of 1960 (16 USC 469a -1, et. seq.), the Archaeological and Historic Preservation Act of 1974 (P.L. 93 -291), and their implementing regulations. 6. CITY's OBLIGATIONS. 6.1. Copy of Regulations and Statutes. CITY will make available to GBLA a copy of any regulation CITY enacts to facilitate administration of said Program. 6.2. Environmental Clearance. CITY shall be responsible for evaluating the activities of this agreement under the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) as applicable. 7. CITY'S REMEDIES. If GBLA fails to materially comply with the terms of this Agreement, CITY, at its option, may suspend or terminate this Agreement and may demand GBLA return all funds granted to GBLA pursuant to this Agreement. The remedies provided in this 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 or more remedies shall not bar the use of other remedies unless the circumstances made the remedies incompatible. 7.1. Concurrent Remedy. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. Fair Housing Service Agreement 15 05110117 CC AGENDA PACKET FCC 308 8. MISCELLANEOUS. 8.1. 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. 8.2. 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. 8.3. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by CITY Council and signed by all the parties. 8.4. 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. 8.5. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 8.6. Termination of Agreement. CITY reserves the right to terminate this AGREEMENT upon giving GBLA notice of intention to terminate at least 30 days prior to the effective date of the termination. CITY shall only convey to GBLA funds for work done prior to the effective date of termination. This Agreement may be terminated by any party upon 30 days written notice, served by mail or personal service, to all other parties. 8.7. Notices. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: Fair Housing Service Agreement 05110117 CC AGENDA PACKET FAG 309 If directed to CITY, addressed to: City Clerk City of Bakersfield 1600 Truxtun Ave. Bakersfield, CA 93301 If directed to GBLA, addressed to: Executive Director Greater Bakersfield Legal Assistance, Inc. 615 California Avenue Bakersfield, California, 93304 8.8. Execution. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 8.9. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 8.10. Negation of Partnership. CITY shall not become or be deemed a partner or joint venturer with GBLA or associate in any such relationship with GBLA by reason of the provisions of this Agreement. GBLA shall not for any purpose be considered an agent, officer or employee of CITY. 8.11. Conflicts of Interest. GBLA stipulates that corporately, or individually, the firm, its employees and sub - consultants have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement and funds provided for herein (California Government Code Section 1090). Fair Housing Service Agreement 17 05110/17 CC AGEN A PACKET FAG 310 8.12. Tax Numbers. "GBLA's" Federal Tax Identification No. 95- 2829257 "GBLA" is a corporation? Yes x No (Please check one.) (the remainder of this page intentionally left blank) Fair Housing Service Agreement 1111 05110/17 GG AGEN A PACKET FAG 311 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first -above written. "CITY" CITY OF BAKERSFIELD KAREN K. GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney II APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT DEPARTMENT JACQUELYN R. KITCHEN Community Development Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Fair Housing Service Agreement HE GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. ESTELA CASAS, ESQ. Executive Director 05110/17 CC ACEN A PACKET FCC 312 EXHIBIT "A" Fair Housing Program Services Greater Bakersfield Legal Assistance, Inc. Purpose Pursuant to the Fair Housing Act of 1960 the City of Bakersfield is required to promote fair housing choice to all persons and take measures to prevent housing discrimination. Additionally, according to HUD's Office of Fair Housing and Equal Opportunity, HUD entitlement communities are strongly encouraged to partner with existing Qualified Fair Housing Organizations (QFHO) to provide adequate fair housing services. Pursuant to the City of Bakersfield's Analysis of Impediments (AI) to Fair Housing choice, the City issued a request for proposals in February 2016 to contract with a Fair Housing Provider for fair housing education, training, outreach, case management, investigation, and enforcement, in addition to making related referrals and tenant - landlord dispute resolution. The City is partnering with Greater Bakersfield Legal Assistance (GBLA) to provide fair housing and related services. GBLA has a history of providing civil legal assistance to low- income and vulnerable residents of Kern County since 1968, and is currently the only QFHO in Kern County. GBLA will augment and expand existing fair housing and related services as described in below. The City of Bakersfield RFP for fair housing services and GBLA's proposal for services are included in Exhibit "F" and Exhibit "G," respectively. Description GBLA will receive up to $100,000.00 in FY 2016 -17 Community Development Block Grant (CDBG) funds to provide fair housing services pursuant to the City of Bakersfield's Analysis of Impediments. The following describes the services to be provided under this agreement, along with performance goals of each activity: Acfvify Annual Goal I. Fair Housing Education and Training a. Seminars: GBLA will develop seminars to housing 4 seminars providers, tenants, agencies, community groups, real estate brokers, agents, and lenders. b. Training & Technical Assistance: GBLA will provide Upon request training and technical assistance to City staff and others, upon request, regarding fair housing issues, laws, reasonable accommodations, and current M 05110117 CC AGENDA PACKET FCC 313 events at no cost. 1 Each seminar or conference held in Bakersfield will include an acknowledgment that the activity is supported in part by HUD and the City. Fair Housing Outreach a. Fair Housing Literature: In addition to current fair housing brochures and flyers regarding federal and state protected classes, GBLA will develop and distribute new fair housing brochures and other fair housing educational materials for tenants, housing seekers, and housing providers related to reasonable accommodations and modifications, language access, and discriminatory harassment. Literature will be available in English and Spanish. b. Media Exposure: GBLA will develop and maintain a fair housing website and social media presence. GBLA's Internet presence will include fair housing information in English and Spanish, including the ability to contact GBLA via email to request information or assistance. In addition, GBLA will submit a fair housing PSAs each year to media outlets serving Bakersfield and make weekly postings on Craigslist about GBLA's fair housing services. c. Community Events: GBLA will participate in community events in the City each year to distribute fair housing information and answer residents' questions about fair housing in English and Spanish. GBLA will also conduct presentations to the City Council, City commissions, community organizations, and collaboratives in Bakersfield each year. GBLA will offer presentations of up to one hour to civic organizations and other groups at no cost. d. Analysis of Impediments: GBLA will continue to provide data and information to the City pursuant to the Analysis of Impediments (AI) to Fair Housing Choice. In consultation with the City or designated consultant(s), GBLA will collect and share non - privileged fair housing data with the City pursuant to the goals of the Al. 2000 pieces distributed 4 Public Service Announcements 6 events or presentations As necessary e. Analysis of Impediments Progress Reporting: GBLA Once Annually A -1 05110117 CC AGENDA PACKET FCC 31 IV. will review impediments described by the City's Al and report progress toward eliminating impediments to fair housing choice. Fair Housing Complaints & Investigations a. Receive & Track Housing Discrimination Complaints: Residents and prospective residents of the City will be directed to contact GBLA by telephone, either by redirecting the City's Fair Housing hotline to GBLA or by directing inquiries to GBLA's local or toll free telephone numbers, website, or email address. All fair housing contacts involving a current City resident or a prospective resident seeking housing within the City limits will be tracked and reported to the City. Non - privileged information, such as type of allegation, race, national origin, sex, female - headed household, income range, disability, or other information requested by the City will be elicited from each inquirer and reported to the City. b. Rental & Sales Audits: In addition to systemic testing currently conducted under the GBLA HUD Fair Housing Initiatives Program (FHIP) grant, GBLA will conduct rental audits in Bakersfield each year. Additionally, GBLA will develop the capacity to conduct sales audits, which will commence in subsequent years. GBLA will also explore the potential for conducting sales audits that do not require testers, such as REO audits, which compare the way REO properties are maintained in areas of the City with different racial or ethnic concentrations. c. Rental & Sales Complaint Investigations: GBLA will review resident allegations to determine any occurrence of housing discrimination per state and federal fair housing laws. Investigations may include but are not limited to testing, witness interviews, resident or neighbor surveys, site visits, and document review. Fair Housing Enforcement & Referral 10 rental audits 35 complaint - based investigations a. Legal Representation: GBLA will engage in three 12 clients primary types fair housing enforcement: 1) informal seeking informal M 05110117 CC AGENDA PACKET FCC 31.E advocacy with housing providers, 2) administrative housing discrimination complaints filed with HUD, DFEH or other agencies, and 3) litigation in federal or state courts. The method of enforcement will be determined on a case -by -case basis, accounting for but not limited to the following: 1) nature of discrimination, 2) likelihood and effectiveness of obtaining compliance, and 3) resources available. b. Monitor Settlement Compliance: In instances where informal or formal enforcement activities result in settlements, GBLA will monitor housing providers to determine compliance and, in the case where a housing provider fails to comply, GBLA will take appropriate steps to respond. In cases where compliance monitoring is under the jurisdiction of the court or another agency, GBLA will track and confirm compliance with the court or agency. V. Landlord- Tenant, Housing Dispute Resolution & Referral enforcement 5 clients seeking administrative housing complaints 1 client a. Counseling, Mediation & Referral Services: GBLA will As necessary provide counseling and referral services to Bakersfield tenants and landlords based on the nature of the dispute. b. Unlawful Detainer Assistance: GBLA will provide As necessary unlawful detainer assistance to fair housing clients facing eviction. Additionally, GBLA will provide appropriate referrals, information or legal services related to unlawful detainer inquiries as appropriate. GBLA shall submit documentation of expenses to be reimbursed at time payment is requested under this Agreement. A certification that all financial obligations are met and services are being provided to the senior citizens shall be signed and submitted with each payment request. Invoicing requirements are included in Exhibit "B" of this document. Budget The following table describes the permissible estimated costs associated with the program: M 05110/17 CC AGEN A PACKET FAG 316 Category Description Cost Salaries & Wages Annual wages for 1.20 FTE staff assigned $69,057 to the provision of CITY fair housing services Fringe Benefits Fringe benefits associated with 1.2 FTE $16,143 staff assigned to the provision of CITY fair housing services Consultant /Contract Costs for written and verbal translation, $6,500 Services and technical assistance for establishment of sales testing comp onent Travel Routine travel within CITY for outreach, $1,825 education, investigation, etc., and out - of -town travel as necessary related to mediation or court hearings Printing Funds to print program brochures and $2,085 instructional manuals for outreach Stipends Funds set -aside for testers and $1,650 back round checks Other Funds associated with hosting an annual $2,750 Fair Housing Conference, including but not limited to venue rental, equipment rental, speaker fees, supplies and rintin of program material TOTAL $100,000 Reporting Cycle GBLA shall submit to CITY on at least a quarterly basis performance reports describing the nature and location of services provided, as well as enumerated outcomes related to those services. Quarterly reports shall be in a form approved by the CITY and in compliance with applicable Community Development Block Grant regulations; and each activity shall track program participation as described in "Exhibit E" of this document. Times Frnma All funds granted to GBLA shall be completely expended within the term of the Agreement. M 05110/17 CC ACEN A PACKET FCC 317 EXHIBIT "B" INVOICING AND BUDGET DETAIL 1. INVOICE PACKAGES. 1.1 All invoice packages shall be submitted to City's Community Development Department not to exceed one invoice package per month, with at least one submittal quarterly, and in the minimum amount of $500.00 except for the final funding draw invoice. The address for submittal is: Community Development Department City of Bakersfield 1715 Chester Avenue, 2nd Floor Bakersfield, CA 93301 1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice and associated performance report. Invoices received by City that are not consistent with a format approved by the CITY will be cause for an invoice to be disputed. In the event of an invoice dispute, City will notify the GBLA by initiating an "Invoice Dispute Notification" form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the GBLA. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by City. 1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations. 1.4 GBLA shall provide proof of payment to City for each invoice submitted for payment under this Grant. If the GBLA is not able to demonstrate proof of payment, City, at its discretion, may not issue a check. 1.5 The invoice shall contain the following information: 1.5.1 The word "INVOICE" and a sequential invoice number should appear in a prominent location at the top of the page(s); and, 1.5.2 Printed name of the service provider or contractor, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number; and, 1.5.3 Printed name of the GBLA, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number; and, 1.5.4 The date of the invoice along with the number of the Agreement upon which the invoice is based; and, 05110/17 CC ACEN A PACKET FCC 318 1.5.5 All subcontractor invoices must be listed on the invoice; a copy of the subcontractor invoice should be attached to the service provider /contractors invoice; and, 1.5.6 A brief description of the work performed, including dates of performance and the name or initials of the person performing the work; and, 1.5.7 The method of computing the amount due. Invoices must be itemized based on the tasks specified in the Agreement; and , 1.5.8 The total amount due; this should be in a prominent location in the lower right -hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the GBLA under the terms of this Agreement; and, 1.5.9 The invoice shall include a calculation of CDBG- eligible programs and activities as a percentage of all programs and activities provided at the senior center. Only the CDBG- eligible share of costs is qualified for reimbursement under this agreement. 1.6 The following items will not be allowed: 1.6.1 Late fees, Gambling Debts, Debts of Board Members, Invoices for which no dollar amount due on payments shows on the invoice, submissions of payment requests which do not balance, donations, and expenses related to raffles and any other game of chance; and, 1.6.2 Proof of payment must be provided with invoice and GBLA payment request. Proof of payment may be a copy of an issued or cancelled check or copy of credit card payment; and, 1.6.3 Identifying information about GBLA employees or volunteers other than employee or volunteer names. Information such as Social Security numbers and addresses of employees or volunteers should not be included. 1.7 Original signature and date (in ink) of GBLA or its authorized representative on the GBLA Payment Request. 1.8 Final invoice shall be clearly marked `FINAL INVOICE' and be submitted along with supporting documentation within the time as designated within the terms of the agreement. 2. BUDGET CLAUSE. The amount will not exceed the amount as stated in Section 3 of the Agreement. If funding for any fiscal year is reduced or deleted by the HUD for purposes of the program, City shall have the option to either cancel this Agreement with no liability occurring to City, or offer an Agreement amendment to GBLA to reflect 05110/17 CC ACEN A PACKET FCC 319 the reduced amount. Updated budget information shall be provided at the request of City. 3. PAYMENT OF COSTS. The GBLA agrees that it will provide for payment of its operating costs and that all costs connected with the facility will be paid by the GBLA on a timely basis. 4. AUDIT DISALLOWANCES. The GBLA agrees it shall return any audit disallowances funding to City. Read and Agreed By: GBLA Name: Date: 05110/17 CC AGEN A PACKET FAG 320 GBLA PAYMENT REQUEST Grant Funding: Encircle grant type CDBG / ESG Grant Agreement No. Purchase Order No. Payment No. To: City of Bakersfield Attn: Community Development Division Address: 1701 Chester Ave., 2nd Floor Bakersfield, CA 93301 From: GBLA Mailing Address: Grant Agreement Award Amount: $ 100,000 Reimbursement Requested $ Program Income from ESG /CDBG $ 1 have reviewed and certify the allowable costs associated with this payment request reimbursement submittal were paid for with available funding and any match requirements have been met. In addition, I certify that all financial obligations are met and services are being provided to intended clients. GBLA Representative Date GBLA Representative Name (Printed) 05110/17 CC ACEN A PACKET FCC 321 GBLA PAYMENT REQUEST DISPUTE NOTIFICATION FORM Name of GBLA: Address of GBLA: Date Payment Request Received: Date Payment Request Declined: Reason for Decline /Dispute: Reviewed By: Title: Dated: 05110/17 GG AGEN A PACKET FAG 322 EXHIBIT "C" CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontractors, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executive Director, Grater Bakersfield Legal Assistance, Inc. Date C -1 05110117 CC AGENDA PACKET FAG 323 EXHIBIT "D" DRUG FREE WORKPLACE CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief, that: GBLA, representing the facility known as located at will continue to provide a drug -free workplace by meeting all standards and requirements of the Code of Federal Regulations, Part 24, Subpart F as follows: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about; (a)The dangers of drug abuse in the workplace; (b)The grantee's policy of maintaining a drug -free workplace; (c)Any available drug counseling, rehabilitation, and employee assistance programs; and, (d)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4 (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a)Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 00111111111 05110117 CC AGENDA PACKET FAG 324 (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2,3,4,5, and 6. 8. This certification meets the objectives and requirements of the United States Department of Housing and Urban Development (HUD). Executive Director, Greater Bakersfield Legal Assistance, Inc. Dated: 00111111111 05110117 GG AGENDA PACKET FAG .32.E EXHIBIT "E" ACTIVITY BENEFICIARY REPORT Facility Name: Service Provider Agency: Reporting Period: Number of Persons Assisted Who Are: RACE /ETHNICTY 1 2 3 Total Number Hispanic or Assisted Total Extremely Very Low Low Persons Female Limited Number Low Income Income with Head -of- English Assisted Income (50% of (80% of Disability Household Proficiency (30% of Median) Median) White Median) Black or African Asian AND White Total American Number of Black or African Individuals Asian RACE /ETHNICTY Total Number Hispanic or Total Number Hispanic or Assisted Latino Assisted Latino (unduplicated) (duplicated) undu licated (duplicated) American Indian or Alaskan White Native AND White Black or African Asian AND White American Black or African American AND Asian White American Indian or Alaskan American Indian Native AND or Alaskan Black or African Native American Native Hawaiian Balance of individuals or Other Pacific reporting more Islander than one race Comments: 05110/17 CC A GENDA PACKET FAG 326 EXHIBIT "F" Request for Proposals for Fair Housing Services 05110/17 CC A GENDA PACKET FAG 327 EXHIBIT "G" Greater Bakersfield Legal Assistance Fair Housing Services Proposal 05110117 CC A EN A PACKET FAG 328 , 1� 44M. El REQUEST FOR PROPOSAL PROVIDE TO PROFESSIONAL . FAIR HOUSING PROGRAM City of Bakersfield Community Development Department 1715 Chester Avenue Bakersfield, CA 93301 Issue Date: February 12, 2016 Submission of Written Questions Due: March 11, 2016 Due Date: March 15, 2016 1 05110/17 CC A GENDA PACKET FAG 329 TABLE OF CONTENTS INTRODUCTION................................................................................ ............................... 3 PURPOSE.......................................................................................... ............................... 4 SCOPEOF WORK ............................................................................. ............................... 4 REPORTING REQUIREMENTS ......................................................... ............................... 5 PROPOSAL SUBMITTAL ................................................................... ............................... 6 EVALUATION CRITERIA ................................................................... ............................... 7 PROPOSAL CONTENT AND FORMAT ............................................. ............................... 7 PROPOSAL WORKSHEET ................................................................ ............................... 9 BUDGET SUMMARY WORKSHEET ................................................ ............................... 10 CERTIFICATION.............................................................................. ............................... 13 NONCOLLUSION AFFIDAVIT .......................................................... ............................... 14 APPENDICES................................................................................... ............................... 15 2 05110117 CC AGENDA PACKET FAG 330 INTRODUCTION The City of Bakersfield is an entitlement community and participating jurisdiction under the United States Department of Housing and Urban Development's (HUD's) Community Development Block Grant (CDBG) Program, HOME Investments Partnership Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with Aids (HOPWA). The City of Bakersfield does not currently operate a Housing Authority, nor a Section 8 voucher program. As a HUD - funded grant recipient, the City is obligated under various laws not to discriminate in housing or services directly or indirectly on the basis of race, color, religion, sex, national origin, age, familial status, sexual orientation, gender identity, or disability. A strong commitment to affirmatively further fair housing is a requirement for participating in HUD's many housing and community development programs. The Fair Housing Act specifies that Federal grantees shall administer programs and activities relating to housing and urban development in a manner that affirmatively furthers the policies outlined in Section 808(e)5. The City has budgeted approximately $100,000 annually to implement a Fair Housing Program; however, the actual contract amount is subject to City Council approval based on the proposed scope of work. The Housing and Community Development Act of 1974, as amended, is the dominant statute for the Community Development Block Grant (CDBG) program. It requires that each federal grantee certify to HUD's satisfaction that (1) the awarded grant will be carried out and administered according to the Fair Housing Act, and (2) the grantee will work diligently to affirmatively further fair housing. This certification to HUD may be implemented through the Consolidated Plan process. Under the Consolidated Plan, HUD funded recipients are required to: (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choice for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, sexual orientation, gender identity, familial status, or national origin; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the nondiscrimination requirements of the Fair Housing Act. The City of Bakersfield is soliciting proposals from qualified organizations for the development, implementation, and administration of a Fair Housing Program starting May 1, 2016. The program shall include Fair Housing education, outreach, testing, and referral. The program will be funded through Community Development Block Grant (CDBG) funds and is required to be operated in compliance with all pertinent federal regulations, including but not limited to 24 CFR Part 570 and OMB Circular A -122 and A -133. 3 05110/17 CC AGEN A PACKET FAG 331 Award, if any, resulting from this Invitation to Bid is anticipated to be for a one (1) year period. The contract may be renewed annually thereafter for four (4) consecutive one -year periods at the City's option and upon mutually agreeable terms. The length of the contract is subject to the approval of the City Council. This document outlines the requirements, selection process and the information necessary to submit a proposal for this service. The successful proposer will be required to comply with Equal Employment Opportunity, Section 3 requirements and all applicable federal, state, local laws, and requirements. PURPOSE The purpose of this proposal is to obtain the services of one contractor qualified to provide fair housing services to the City of Bakersfield and its residents as described in the Analysis of Impediments 2020 (an excerpt from which can be found in the appendices of this document). SCOPE OF WORK The contractor shall be responsible for the development, implementation, and administration of an ongoing Fair Housing Program, which shall include at a minimum, the following components: 1. Fair Housing Education a. Develop seminars on fair housing law and issues for landlords, tenants, brokers, realtors and lenders (minimum of once annually) held in venues within the City of Bakersfield. This effort shall include education and promotion of available housing vouchers. b. Provide training and technical assistance to City staff and others as requested regarding fair housing issues, laws, reasonable accommodation, resources, and current events. 2. Fair Housing Outreach a. Develop, produce, and distribute fair housing brochures and /or pamphlets to the public regarding fair housing law and regulatory issues. These materials shall be available in both English and Spanish. b. Seek media exposure through print, radio, television, social media and the internet. c. Participate in community events to distribute fair housing information (minimum of two events annually). al 05110/17 CC ACEN A PACKET FCC 332 d. Make presentations to the City Council, commissions, civic organizations and other groups as required. e. Participate in updates to the Analysis of Impediments to Fair Housing Choice drafted by the City or its consultant. f. Address findings and activities identified in the City's Analysis to Impediments and report on progress in eliminating impediments to fair housing choice. 3. Fair Housing Complaint Program a. Receive and track complaints and inquiries alleging housing discrimination in the City of Bakersfield. b. Conduct rental and sales audits of properties for sale or rent in the City. c. Investigate rental and sales discrimination complaints, including conditions in the service area, using testing and other methods to determine whether discrimination exists. d. If discrimination exists, assist victims in gathering evidence in support of claims. 4. Fair Housing Enforcement a. Provide legal representation, conduct mediations, litigate, or refer to enforcement agencies and /or private attorneys to victims of sales /rental discrimination. b. Conduct audits and other measures to achieve compliance with settlements and other agreements and enforcement of law. 5. Landlord Tenant Housing Dispute Resolution Services a. Provide counseling, mediation or referral services to Bakersfield landlords and tenants residing in or seeking to reside in the City to resolve landlord tenant disputes. b. Provide referral services to low and moderate income housing consumers, giving priority to disabled, elderly, and others who are or have been unable to find suitable, safe, decent and sanitary housing. c. Provide answers to questions about unlawful detainer actions. 05110/17 CC ACEN A PACKET FCC 333 All activities, information, participation, communications, and services under the Fair Housing Program must be accessible to persons with disabilities and comply with the American with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 as amended. REPORTING REQUIREMENTS The selected contractor will be required to prepare and submit monthly invoices in a form specified by the City detailing the charges to the City. The contractor will also be required to prepare and submit a quarterly program performance report regarding the services provided and outreach efforts under the Contract. The report shall contain without limitation the number of unduplicated persons served per quarter, including information on household income, race, ethnicity, head of household, etc. per the quarterly report format provided by the City. The selected contractor will be required to submit performance reports and statistical records on all complaints and their resolution by on a quarterly basis. In addition, the Contractor will be required to prepare and submit financial reports, program progress, evaluations and other reports as required by 24 CFR 570.507, OMB Circular A -1 10, HUD and or the City. Additionally, per CDBG regulations, the service provider will be monitored annually by the City. PROPOSAL SUBMITTAL Proposals shall be submitted to the City of Bakersfield, Community Development Department, 1715 Chester Avenue, Bakersfield, CA 93301, by 3:00 pm on Tuesday, March 15, 2016. Proposals must be clearly marked "Proposal for Providing Fair Housing Services. Proposals cannot be withdrawn or corrected after being received. Proposals will not be disclosed to competing firms or to the public until a recommended firm has been selected. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The completed proposal shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the proposer without prejudice prior to, but not after, the time fixed for opening of proposal, provided that the request is in writing, that it has been executed by the proposer or duly authorized representative, and that it is filed with the City. Proposals shall be submitted in accordance with the form prescribed by the City of Bakersfield. Failure to respond in this manner may render the proposal non- responsive. 0 05110/17 CC AGEN A PACKET FAG 334 An unbound original, three (3) copies, and a PDF version of the proposal shall be submitted and clearly marked: "Proposal for Providing Fair Housing Services." The PDF version must be submitted by the submittal deadline via compact disk or USB storage device included in the proposal, or via e -mail to Ryan Bland, Community Development Coordinator (rbland @bakersfieldcity.us). It shall be emphasized that award of contract will not necessarily be based on price alone, but rather on a combination of qualifications, price, services, references, and responsiveness to the proposal specifications. EVALUATION CRITERIA Proposals will be reviewed by program staff for completeness, incomplete and late proposals will be disqualified. Proposals will be judged on their responsiveness to this RFP, the applicant's experience and ability to perform the required work, and the cost effectiveness of the program. A proposal evaluation committee comprised of City staff will review each proposal. The most qualified firm (s) may be invited to participate in an interview with City staff to review qualifications prior to selection. The bids submitted in response to the RFP will be used in preparation of the Community Development FY 16 -17 budget. The award of the contract is projected to occur at the April 20, 2016 City Council meeting, with work commencing on May 1, 2016. However, dates are tentative. therefore, the Consultant shall be bound by its proposal for a period of 90 days commencing March 15, 2016. PROPOSAL CONTENT AND FORMAT The proposal submittal package shall consist of the following information: 1. Letter of Transmittal 2. Title Page 3. Table of Contents 4. Executive Summary of Proposal 5. Application Worksheet (see below) 6. Project Narrative: The project narrative portion of the application is limited to 20 pages maximum, double- spaced, 12 point font, and must include the following sections: a. Project Description: Describe the proposed Fair Housing Program, to include a Fair Housing educational element, a Fair Housing outreach element, a Fair Housing 05110/17 CC ACEN A PACKET FCC 33.E Testing component, a Fair Housing Enforcement element, and a Fair Housing referral element, as described in the RFP. b. Performance Measurements and Timeline: Provide a detailed scope of work for the program. For each activity list the objective, outcome, and outcome measurement. Describe how data will be collected, tracked, and stored. Prepare a timeline for implementation /completion of the program activities. Proposed roles of the Fair Housing Services Provider and the City shall also be described. c. Organizational Capacity: Describe your organization's knowledge of fair housing laws and regulations, as well as related services. Discuss your experience in providing fair housing services, specifically as it relates to this RFP. Describe the experience of the staff that will work on the program and those that will be providing program oversight. You may attach resumes of key staff that will be involved in the project. Describe the financial system utilized by the agency, including how CDBG funds will be tracked separately from other funding sources. Identify whether your organization has sufficient funds to sustain the program until reimbursement of expenditures are received. Documentation may include cash and /or credit reserves. Identify whether your agency has a personnel policy manual with an affirmative action plan and grievance procedure. If not, explain why not. Attach a list of the Board of Directors and resumes of key staff including program manager and fiscal officer. Identify whether or not the agency has liability insurance coverage, in what amount, and with what insuring agency. Also identify whether or not the agency pays all payroll taxes and workers' compensation as required by Federal and State Law. Additionally, identify whether or not the agency has fidelity bond coverage for principal staff who handles the agency's accounts, in what amount, and with what insuring agency. d. Current Client List: List of current agencies to which you are providing fair housing services. e. References: Provide at least three references, including organization's name, contact person, and telephone number. 7. Project Budget: On a separate page, prepare a detailed budget summarizing the use of proposed funding. A suggested budget summary worksheet is included on the following page. Please revise the form and annotate budget items as they relate to your project. 8. Budget Narrative: Provide a detailed explanation of each line item in the project budget, indicating how the amounts were determined and justifying the need for the item. 05110117 CC A EN A PACKET FAG 336 9. Certification & Noncollusion Affidavit forms Qualified respondents should review the attached specifications and submit one (1) unbound original, three (3) copies, and one (1) PDF version of its proposal no later than 3:00 pm on Tuesday, March 15, 2016 to: City of Bakersfield Community Development Department Attn: Ryan Bland 1715 Chester Avenue Bakersfield, CA 93301 For questions and clarifications, please feel free to contact Ryan Bland, Community Development Coordinator (rblandMbakersfieldcity.us), or Nina Carter, Associate Planner (acarterMbakersfieldcity.us), by email or at 661- 326 -3765. 05110117 CC AGENDA PACKET FCC 337 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 1 :2 001:1iW_14NVO7 I2W 01 :11 Agency Name Agency Address Address of Project if different Telephone Number Fax Number Email Address Name of Executive Director Name and Title of Contact Person Telephone Number Fax Number Email Address Name of Authorized Official Title of Authorized Official Telephone Number Fax Number Email Address Type of Organization (Please check below) a. A corporation, organized and existing under the laws of the State of California. ❑ For Profit ❑ Non Profit ❑ Government b. A partnership (if so, please list partners) c. An individual Name Number of years in business Number of employees 10 05110117 CC A EN A PACKET FAG 338 III ICI =III&IIJiTiliTiElWASTA7 01V2W:1=1 Prepare a detailed budget summarizing the use of proposed funding. Below is a suggested format for the budget summary. Please revise this form and annotate budget items as needed. In compliance with the Request for Proposal, the undersigned hereby proposes and agrees to provide all the work and services herein described and to furnish all labor, materials, equipment, services, incident insurance necessary in accordance with the requirements of the City of Bakersfield, and the undersigned agrees to perform the work and services herein mentioned to the satisfaction of and under the supervision of the Housing Manager of the City of Bakersfield duly appointed, and further agrees to enter into a contract in time, form and manner provided by law at the following prices with the understanding that the time within which the aforementioned work must be completed in accordance with the City of Bakersfield rules, starting from and after the date of execution of the contract agreement for PROVIDING PROFESSIONAL SERVICES FOR FAIR HOUSING PROGRAM. Budget Category Description /Computation Annual Cost Salaries and Wages Fringe Benefits Consultant /Contract Services (specify) TOTALPERSONNEL $ Office Rent Utilities Telephone Office Supplies Printing /Duplication Travel /Conferences Other (specify) TOTAL NON - PERSONNEL $ TOTAL PROJECT BUDGET $ 11 05110117 CC AGENDA PACKET FAG 339 PROPOSAL CHECKLIST Submit one (1) original application and three (3) copies including supplemental documents. 1. Proposal Worksheet (signed by the authorized official) 2. Proposal Checklist 3. Project Narrative (Maximum 20 pages) Project Description Performance Measurements and Timeline Organizational Capacity 4. Budget 5. Budget Narrative 6. Organizational Chart 7. Resumes of key staff 8. Database, Reporting Examples 9. Letter of commitment from proposed subcontractor(s) (if applicable) _10. Supplemental Documents Checklist 11. Board of Directors' authorization to submit CDBG application* 12. Board of Directors' designation of authorized official* _ 13. List of Board of Directors (include telephone number, address, occupation /affiliation of each member; identify principal officers) 14. Articles of Incorporation 15. Bylaws 16. State and Federal Tax Exemption Determination Letters 17. 2013/2014 Year -End Agency Operating Budget 18. 2014/2015 Agency Operating Budget 19. 2015/2016 Proposed Agency Operating Budget 12 05110/17 CC AGENDA PACKET FAG 340 PROPOSAL CHECKLIST CONT. 20. Most recent Audited Financial Statement, with notes 21. Documentation of reserves (bank statement, access to line of credit, etc.) * Items 11 and 12 may be provided in one action /document or two separate documents (Documentation may be a copy of the minutes of the meeting in which the governing body's resolution, motion, or other official action is recorded; standing resolution /policy regarding grant applications; signed letter from the Chairperson; etc. Must include the name, title, address and telephone number of each authorized official.) 13 05110/17 CC AGENDA PACKET FAG 341 CERTIFICATION The undersigned has carefully examined Request for Proposal documents pertinent to the referenced services, and further, being familiar with all other conditions affecting this proposal, hereby agrees to furnish all labor, materials, etc., required to complete said services outlined in the specifications and other documents at the prices quoted on the Budget Summary Worksheet. Furthermore, the undersigned considers this response to the Request for Proposal valid for a period of 180 days after the due date. Agency Name Printed Name Title Authorized Signature Date Mailing Address City State Zip Code Telephone Number Fax Number 14 05110117 CC A EN A PACKET FAG 342 NONCOLLUSION AFFIDAVIT Proposer declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a proposal of the same work and that this proposal is in all respects fair and without collusion or fraud. Note: This questionnaire constitutes a part of the proposal and signature on the signature portion of this proposal shall constitute signature of this questionnaire. In case of discrepancy between words and figures, the words shall prevail. The names of all persons, firms, and corporations interested in the foregoing proposal as principals as follows: Pursuant to the requirements of Business and Professions Code Section 7028.15, the representations made in this bid are made under penalty of perjury. The undersigned are prepared to satisfy the City Council of the City of Bakersfield of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with specifications set forth. Company Name Print Name Title Signature Dated 15 NE 05110117 CC A EN A PACKET FAG 343 City of Bakersfield Suirmirnary of Rur 11posed 2015-2020 Actui urns The following table is an excerpt from the City of Bakersfield Analysis of Impediments 2020 (Table 6 -2), describing actions to address the impediments to fair housing choice in the City. The complete analysis of impediments document can be found at: www.bakersfieldcity.us > Departments > Community Development > Planning > Economic Development and Houising Services > Proposed 2015 -2020 Bakersfield Al Actions I. Expanding Affordable Housing Opportunities 1. Rental Assistance Objective 1.1: The City will support rental assistance programs offered through the Housing Authority of the County of Kern and promote the availability of affordable rental housing within the City. The City plans on assisting an additional 179 rental units to be developed by 2017. The City will conduct outreach to further this objective including attendance at a minimum of 2 public events per year. Information will be provided in English and Spanish at the Community Development Department and on the City website. The City, and /or its Fair Housing provider, will work with HACK and other service providers to promote the Section 8 program with local property managers. The City will use ESG Rapid Re- Housing funds as available to assist homeless individuals /families with rental deposits and first month's rent. 16 ■ By 2017 ■ Annually ■ By 2016 ■ Annually ■ Annually 05110117 CC A EN A PACKET FAG 344 City of Bakersfield w Proposed 2015 -2020 Bakersfield Al Actions ,... llirr ,.,,. I� � IIIIIIpIIIf� ����Imllllllrpr ,:,.:ll����l ��������������������������������Illld 101 111 II X11 @1 4u 101 .M 0101111 VIII �IIIIIIO III III VIII 01110 IIO �ffI�,�( 01100 �IIIII 0 011 IIIIO 00111 101 2. Affordable Housing Resources Objective 2.1: The City will facilitate The City plans on assisting an ■ By 2017 the development of housing units that additional 179 rental units and 110 are available to low /moderate - income owner- occupied units to be households. developed by 2017. The City will continue to seek out ■ Ongoing partners for affordable housing projects in all areas of the City. When considering sites, the City will evaluate racial and income concentrations as well as proximity to services and public transportation. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : Objective 2.2: The City will make The City will create a list of By 2017 available to residents, upon request, a affordable housing resources in both list of affordable resources in the City. Spanish and English which will be This list will include nonprofits active in available at the Community the City developing affordable Development Department and the housing, units listed as affordable in City website. the Housing Element, and contact This list will be available at a Annually information for the City's Down minimum of 2 public events per Payment Assistance Programs. year. 3. Home Ownership Promotion : : : : : Objective 3.1: The City will work to The City will conduct outreach and Ongoing provide and expand homeownership education with local realtors, and opportunities for low- and moderate- make brochures available regarding income households. future City assisted affordable housing programs. The City will explore avenues such as Ongoing partnering with local lending institutes, brokers and realtors to conduct community workshops and distribute brochures for private and City Down Payment Assistance Programs. 17 05110117 CC A EN A PACKET FAG 345 City of Bakersfield w Proposed 2015 -2020 Bakersfield Al Actions I� � IIIIIIpIIIf� ����Imllllllrpr ,:,.:ll����l 101 111 II X11 @1 4u 101 .M 0101111 11111 111111 NO III 111 11111 01110 110 �ffI�,�( IIW 011�0�0 11111 0 011IIIIO00111 101 Objective 3.2: The City will work to The City will amplify its effort to ■ Ongoing provide and expand homeownership reach Bakersfield residents through opportunities for those who speak increased marketing. languages other than English. Flyers regarding first -time ■ By 2016 homebuyer programs will be printed in English and Spanish. On an as needed basis, the City will ■ Ongoing make flyers available that are accessible to persons with : : : disabilities. :, :, :, :, :, :, : 4. E, m: e: r, g en: c, Y , T: r a, ns: i t i o, n: a, LHo u, si: n g a, n: d, S u, p, p ortiv e: Services Objective 4.1: The City will amend the In 2015, the City shall adopt an By 2016 zoning ordinance to address revised ordinance allowing the state law that requires cities to expand establishment of transitional and opportunities for the siting of supportive housing in residential emergency homeless shelters. The City zones consistent with similar will continue to allow the residential uses, as required by State establishment of transitional and Housing law. supportive housing that functions as residential uses in residential zones consistent with similar residential uses. II. _ Access to Financing 1. Outreach to Lenders Objective 5.1: The City will work with The City will inform lenders of Ongoing local lenders to provide information on available financing options for City government- backed financing. housing projects. Information will be provided in both English and Spanish. : : : : : : : : : : : : : : : : Objective 5.2: The City will work with The City will ensure that information By 2016 local lenders to promote the City's on new Down Payments Assistance Down Payment Assistance Program. Programs provided by the City is provided to lenders in both English and Spanish. Information will be placed on the Ongoing City's website, and will be advertised at local events. In 05110/17 CC A GENDA PACKET FAG 346 City of Bakersfield w Proposed 2015 -2020 Bakersfield Al Actions IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� �Illlllllllllllllllllllllllllllllll��i��� Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllimn mll rrr III IIIIM m ml ml rm m�liill VIII Illlli �Im III ml VIII ��� Im ����n Ililll � �� uiln ���� iil I 2. Education and Resources Objective 53: The City will promote The City will work with HACK to ■ Ongoing workshops by local lending institutions provide training on the home - buying regarding the home - buying process process to participants of the City's and the resources available to low- Down - payment Assistance program. and moderate - income homebuyers. The City will actively research and ■ By 2017 promote training opportunities on the home - buying process. These resources will be included in the Affordable Housing Resources List described in Action 2.3. The City will encourage local lenders Ongoing to hold workshops in English and Spanish. Objective 5.4: The City will seek to The City will actively research and By 2017 promote local agencies that provide promote training opportunities by credit and financial counseling local organizations on credit and services. financial counseling services, and homeownership. These resources will be included in the Affordable Housing Resources List described in Action 2.3. Objective 5.5: The City will seek to As funding permits, the City will Ongoing partner with other Fair Housing work with other fair housing advocates for training and outreach. advocates to conduct additional fair housing workshops in Bakersfield to educate the public about fair housing rights. 3. Unfair Lending and Insurance Practices Objective 6.1: The City will monitor The City will work to expand its Fair By 2017 complaints regarding unfair /predatory Housing Services through the lending, and assess lending patterns development of a Fair Housing using the data collected under the Coordinator position, or by Home Mortgage Disclosure Act contracting with an outside Fair (HMDA) and the California Housing Services provider. Reinvestment Act (CRA) and other data part of the Scope of Work for Fair Ongoing sources. Housing Services will include monitoring of unfair /predatory lending practices. 19 05110/17 CC A GENDA PACKET FAG 347 City of Bakersfield w Proposed 2015 -2020 Bakersfield Al Actions �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��I��� Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllillln Dill ��� III Ills oo io iol IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� iol �m ol�lilll illll �illii �I�o III dill illli oho Ilo o��ljn �illll o o� illm o�o� iol Objective 6.2: The City will participate The City will work to expand its Fair By 2017 with HUD in efforts to improve access Housing Services through the to homeowner's insurance and development of a Fair Housing investigate predatory lending in the Coordinator position, or by home purchase, home improvement contracting with an outside Fair and mortgage refinancing markets. Housing Services provider. Part of the Scope of Work for Fair Ongoing Housing Services will include participating with HUD in efforts to improve access to homeowner's insurance and investigate predatory lending practices. ILL Fair Housing Services:::::::::::: 1. Apartment Owners /Managers : : : : : : : : : : : : : : : : : : Objective 7.1: The City will work in The City will work to expand its Fair By 2017 conjunction with apartment Housing Services through the owner /manager associations to reach development of a Fair Housing out to owners of small rental Coordinator position, or by properties regarding fair housing laws. contracting with an outside Fair Housing Services provider. Part of the Scope of Work for Fair Ongoing Housing Services will include training for apartment owner /manager associations on fair housing laws. 20 05110/17 CC A GENDA PACKET FAG 34 8 City of Bakersfield Proposed 2015 -2020 Bakersfield Al Actions Objective 7.2: The City will work with agencies and property managers to ensure compliance with Fair Housing laws. Objective 73: In addition to addressing the fair housing complaints of residents through the City's Fair Housing Program, the City will track the racial and ethnic makeup of residents with substantiated fair housing complaints. The City will also create a system to track the outcome of all substantiated complaints referred to other sources. The City will work to expand its Fair Housing Services through the development of a Fair Housing Coordinator position, or by contracting with an outside Fair Housing Services provider. Part of the Scope of Work for Fair Housing Services will include advertising of Fair Housing Services to apartment owner /manager associations. The City will track income and demographic data related to affordable housing participants and evaluate additional strategies, if needed, to increase access to and knowledge of affordable housing opportunities in the City. ■ By 2017 ■ Ongoing ■ Ongoing In addition, the City will make the Ongoing Affordable Housing Resource List and Fair Housing literature available to apartment owner /manager associations in both English and Saanish. The City will work to expand its Fair Housing Services through the development of a Fair Housing Coordinator position, or by contracting with an outside Fair Housing Services provider. Part of the Scope of Work for Fair Housing Services will include the tracking of Fair Housing complaints, referrals, investigations, and outcomes. 21 ■ By 2017 ■ Ongoing 9511 0 /17 CC AGENDA PACKET FAG 349 City of Bakersfield w Proposed 2015 -2020 Bakersfield Al Actions IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� �Illlllllllllllllllllllllllllllllll��i��� Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllimn mll rrr III IIIIM m ml ml rm m�liill VIII Illlli �Im III ml VIII ��� Im ����n Ililll � �� uiln ���� iil I 2. Fair Housing Testing and Audits Objective 8.1: The City will develop a The City will work to expand its Fair By 2017 program for testing and audits of fair Housing Serves through the housing issues in the community. development of a Fair Housing Coordinator position, or by contracting with an outside Fair Housing Services provider. Part of the Scope of Work for Fair Ongoing Housing Services will include testing and audits as a means to affirm the nature and extent of fair housing issues in the community. 3. Reasonable Accommodations Objective 9.1: The City will explore the As required by State Housing law, • By 2016 adoption of a reasonable the City will adopt a reasonable accommodation ordinance to further accommodation ordinance in 2015. fair housing choice for persons with disabilities. : : : : : : : : : : : : : : : : : : : : : : Objective 9.2: The City will provide The City will provide information to • By 2016 information on reasonable the public on the Reasonable accommodation and on often utilized Accommodation Ordinance in both disability adjustments to housing units. English and Spanish. Other forms of Information will be available at City literature will be available on an as Hall in English and Spanish. needed basis for community members who speak other languages and /or for people with disabilities. 22 05110/17 CC A GENDA PACKET FAG 35 EXHIBIT "G„ Greater Bakersfield Legal Assistance Fair Housing Services Proposal 05110/17 CC A GENDA PACKET FAG 351 Proposal for Providing Fair Housing Services Submitted by Greater Bakersfield Legal Assistance 615 California Avenue Bakersfield, CA 93304 to City of Bakersfield Community Development Department 1715 Chester Avenue Bakersfield, CA 93301 March 14, 2016 Greater Bakersfield Legal Assistance, Inc. (GBLA) - Propnsa] For Providing Fair Housing Services - - 05110/17 CC A GENDA PA CKET FAG 352 flMMMMIM= Executive Summary of Proposal .................... .................................. Proposal Worksheet ....... .......................................... ..................... ii Project Narrative .............................................................. ....... I a. Project Description ..................... ........ ................... ......... — ...... . . -'.. I b. Perfortnance MeaSLIfernents and Timeline ............... ........................... 10 c. Organizational Capacity .. - . .................... ............ ......... 16 d. Current Client List ........... ......... I ........... — ........ ................................. 20 e. References ............................ ...... .................................................... 20 ProjectBudget ...... ............ ....................... ........... ........... .......... — 21 BudgetNarrative . ......... ............. ................. ---- .. ............................... 22 o Resumesof Key Staff . ..... ..................... ........ ............................ ........... —..— 25 • Estela Casas, Esq.. Executive Director ......... ........... ...... -- ..... 25 • Tim Denari, CPA, Director of Finance ..... .................... ...................... 26 • Mark Roy, Fair Housing Law Project Managing Attorney ... .............................. 29 • .lima Kim, Fair Housing Law Project Staff Attorricy . '' . , — ...................... .......... — 31 • Jesse Hernandez, Fair Housing Law Project Outreach & Investigations Coordinator • Danielle Hodges, Fair Housing Law Project Administrative Assistant ...... 1. , . ... I .... 11.37 Database, Reporting Samples ..... -- ............ ......................... ........................ 38 Certification.......... ................... ....... ........................... ......... 45 Greater Bakersfield Legal Assistance, fric. (GBLA) - Propo&fi for Providiq, Fair Housing Services 05110/17 CC A GEN PACKET PG 353 Non - Collusion Affidavit ................................................... ............................... 46 Board Authorization & Designation of Authorized Official ....... ............................... 47 List of Board of Directors .................... ............................... . .. . ........................ 48 Articles of Incorporation ................................................. ............................... 50 Bylaws......................................................................... ............................... 53 State and Federal Tax Exemption Determination Letters ......... ............................... 72 2413/2014 Fear -End Operating Budget ............................................................... 75 2014/2415 Agency Operating Budget ................................... ............................... 76 2015/2016 Proposed Agency Operating Budget ...................... ............................... 77 Most Recent Audited Financial Statement, with notes ............. ............................... 78 Documentation of Reserves (bank statement, access to line of credit, etc.) ................... 106 Greater Bakersfield Legal Assistance, Inc. (GSLA) - Proposal for Providing Fair Housing Services 05110/17 CC AGENDA PACKET FAG 35 Executive SUMMM,QfPr2V&$aI In order to meet the City of Bakersfield's fair housing needs and objectives, Greater Bakersfield Legal Assistance, Inc. (GBLA) respectfully requests $100,000 for one year to provide 1) fair housing education and training, 2) fair housing outreach, 3) fair housing complaints and investigations (includes testing), 4) fair housing enforcement & referral, and 5) landlord-tenant, housing dispute resolution & referral services in the City of Bakersfield by expanding on the services currently provided by GBLA's Fair Housing Law Project (F LP). FHLP has the knowledge and infrastructure needed to rneet the flair housing objectives set forth in the City's Analysis of Impediments 2020 and develop, implement, and admiruster the City's ongoing Fair Housing Program. Also, GBLA is the only Qualified Fair Housing Enforcement Organization (QFHO) providing fair housing services in the City of Bake field or Kern County. GBLA has extensive experience in housing law. Since 1968, approximately 400N of the caseload (which represents over 800 cases per year) has been in housing related matters. In addition to the FHLP, GBLA operates other specialized housing projects to help meet specific housing and homelessness prevention needs locally. For example, as a long-standing and integral member of Kern County's Continuuni of Care, GBLA's Community Homeless, Law Center Project, funded by HUD, removes legal barriers to obtaining and maintaining peraianent housing through direct legal assistance and/or participation in a Community Homeless Court, In addition to providing legal representation to unrepresented tenants, GB LA's Sargent hriver Housing Project, funded by the Judicial Council of California, operates a Landlord-Tenant Assistance Center (LTAC) inside Kern County Superior Court where a variety of services are provided to help resolve landlord-tenant disputes. As a final example, in partnership with the California Veterans Assistance Foundation, GBLA operates the Veterans Law Center, funded by the Department of Veterans Affairs, where legal assistance is provided to prevent and/or, end Veteran homelessness. Because GBLA is located in Bakersfield and because the FHLP'is staffed by four highly qualified and experienced fair housing advocates who are deeply rooted in our local conunwifty, services proposed in the following Project Narrative will not only be easily accessible, but they can also begin immediately — any start date determined by the City. Greater Bakersfield Up] Assistance, Inc. (GBLA) - Proposal for Providing Fair Housing Services - 11 ....0.x/1 /17 CC A GEN DA PACKET PG 355 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. WOMM111% Agency Name Greater Bak cr§f1eld Legal &§j e B Agency Address Address of Project if different -X�A Telephone Number -fi6L-3-2-5-1524.1 Fax Number _ 661 Email Address -ghLa,(@Jigbj n J.ne Narne of Executive Director _Estel il �t Es q. Name and Title of Contact Person, Mark Rov. ghn-9 A99 MY -UL.�a(r I M Housine L aw PI Telephone N'umber _X61 -3 21-3L89 Fax Number Email Address 1LqX&bla Name of Authorized Official T;,s-Wla Cass, f.sq. Title of Authorized Official —F,,Iecptive 12jr_qiLt_qr Telephone 1" urn _k6L-.,1;J1-46( Fax Number _ _OLI_ 5 482 Email Address Type of Organization (please check below) a. A corporation, organized and existing under the laws of the State of Califoriiia. 13 For Profit 0 Non Profit 11 Goverrinient b. A partnership (if so, please list partners) _Nl,& c. An individual Name .N/A Number of years in business Number of employees AUTHORIZED OFFICIAL: MY M,A 'SA,'� I �,,fHxEcutive Director DATE: 3�/14/16 Gri V�' 'sfield Legal Assistance, Inc. Greater Bakersfield Legal Assistance, Inc, (GBLA) - Proposal far Providing Fair Hotising Services H --05110117 CC AGENDA PACKET PG 356 a. Project Description To meet the City of Bakersfield's fair housing needs and objectives, Greater Bakersfield Legal Assistance, Inc. (GBLA) proposes to provide 1) fair housing education and training, 2) fair housing outreach, 3) fair housing complaints and investigations (includes testing), 4) fair housing enforcement & referral, and 5) landlord-tenant, housing dispute resolution & referral services in the City of Bakersfield (City) by expanding on the services currently provided by its Fair Housing Law Project (FHLP). Because GBLA is located in Bakersfield and because the FHLP is staffed by four highly qualified fair housing advocates who are deeply rooted in our local community, services proposed in this narrative can begin immediately - any start date determined by the City. Each of FHLP's four staff members will allocate time to the new project as follows: Fair Housing Managing Attomey (15% FT Q. The managing attorney will be responsible for program oversight, coordination with the City, and reporting, The managing attorney will also represent clients housing discrimination administrative complaints and lawsuits. Fair Housinp Staff Attorne y 115—% FTJ The staff attorney will conduct initial consultations, accept new cases for investigation and fair housing advocacy, and handle cases through the initial filing of an administrative agency complaint or lawsuit. Fair Hu in (LutLeach & Inygit LO /o _L J. Ile coordinatorwili be responsible for meeting outreach and community education goals, including presentations, outreach events, and seminars. In addition, the coordinator will develop and implement systemic investigations (audits). conduct complaint-based and systemic testing, and maintain FHLP's roster of trained testers. Greater M(ersfield Legal Assistance, Inc. (GBLA) - Prc.)posal for Pruviding Fair Flo,using Services .-05110117 CC AGENDA PACKET PG 357 F *r Housing Administrative As t 11 (50%oF E . The administrative assistant will handle �i� _�T� incoining telephone and walk-in inquiries, provide general fair housing and landlord-tenant information, schedule initial consultations for prospective FHLP clients, and refer non•fair housing matters to other GBLA advocates or outside agencies. In addition, the adirlinistrative assistant will provide administrative support to other FHLP personnel. I . Fair H �kmm� FHLP will develop and conduct four (4) fair housing seminars annually to housing providers, tenants, agencies and communitv groups, real estate brokers and agents, aird lenders in the City in the following subjects: 1) Introduction to Fair Housing; 2) Fair Housing for Housing Providers; 3) Fair Housing and Renters' Rights; and 4) Fair Housing, for Real Estate Professionals and I.,enders. Seminars will include prornotion of available housing vouchers, Trah&& &7 Technical &§:Lstance- FHLP staff will provide training, and technical assistance to City staff and others, upon request, regarding fair housing issues, laws, reasonable accommodations, and current events at no cost,' Each seminar or conf rence held in Bakersfield will include an acknowledgment that the activity is supported in part by, HUD and the Cit�. 2..-1 air HousiU,._Qqt[cacti F,,Lur I-Lousing_Literaturc. All outreach materials will be in English and Spanish. FHLP will develop new fair housing brochures and other fair housing, educational materials for tenalits, housing seekers, and housing providers related to reasonable accommodations and modifications, ' for events that involve space rental, refTeshments, or ineals, or tads costs to tMrd parties, OBLA may need!, to charge a, awdest fee to de6ay these expenses. FMLP also charges housing providers for trainings of merre ftan one hour, for MCLE (Minimuni Continuing Legal Education) credit for attarneys, and for fair houshig training required by HUD Or DFEII a,s pan of as housing disertraination complaints'ettlernent. Greater Bakersfield Legal Assistance, Inc, (GBLA) - Proposal for Providing Fair Housi=ng Services 2 05110/17 CC AGENDA PACKET PG 358 lang,uage access, and discriminatory harassment. FHLP will distribute a minimum two thousand (2,000) pieces of fair housing educational literature at City venues, City offices, and other venues targeting the City. FHLP already has developed fair housing brochures, as well as flyers for all federal and state protected classes. Additional funding will permit FHLP to develop a series of instructional materials for distribution at outreach events and by cooperating agencies, such as: For 7enanLs & ousine See blow ow to Request a Reasonable Accommodation or Reasonable LL Modification; Moving to Escape Domestic Violence, Sexual Violence, or Stalking,; Preserving Evidence of Illegal Housing Discrimination. For Hoi&hv �,,eLqyidepls: Policies Relating to Children, Animals, and Parking; 'The Right W'ay to Respond to Reasonable Accormnodation and Reasonable Modification Requests; Immigration and Language Access Issues for Housing Providers; Landlord Liability fbr Discriminatory Harassment by Neighbors. Mq4iLa--E—xP—o§—ur-L. FHLP will continue to develop and maintain a fair housing webs,ite and social media presence. Our Internet presence will include fair housing information in English and Spanish, including the ability to contact FHLP via email to request information or assistance. In addition, FHLP will submit a ininimuni four (4) fair housing PSAs each year to media outlets serving Bakersfield arnd make weekly postings on Craigslist about FHLP's fair housing services. Compmgwiity Evgni& e FFILP will participate in a minimum four (4) community events in the City each year to distribute fair housing information and answer residents' questions about fair housing in English and Spanish. Pr;§w!4iqnL FHLP will conduct a minitnum iix (6) presentations to the Cii�r Council, City commissions, community organizations, and collaboratives, in Bakersfield each year. F1,ILP will continue its practice of offefing, presentations Of Lip to one hour to civic organiLations and other groups at no cost. Greater Bakersfield Legal Assistance, Inc (GBLA) - Proposal for Providing Fair Housing Services 3 05110117 CC AGENDA PACKET PG 359 AnWysis oLjMpedn pents (Al): FHLP already has provided data and information to the City to aid in drafting its Analysis of Impediments to Fair Housing Choice (AI), In consultation with the City or its consultant, FHLP will collect and share non-privileged fair housing information and data to assist the City in Al and other updates that include fair housing information. Al Pro re s Reporting: FHLP staff will review impediments identified in the City's Al on an annual basis and report on progress in eliminating these impediments to fair housing choice. 3. Fair Housing Complaints & Investiszations , "Festing) ,j1peluding Receive & Track Houk in Discrimination Coin L)laint : Residents and prospective residents of the City will be directed to contact FHLP by telephone, either by redirecting the City's Fair Housing hotline to FHLP or by directing inquiries to FHLPs local or toll free telephone numbers,, website, or email address. All fair housing contacts involving a current City resident or a prospective resident seeking housing within the City limits will be tracked and reported to the City. Non-privileged information, such as type of allegation, race, national origin, sex, female- headed household, income range, disability, or other information requested by the City will be elicited from each inquirer and reported to the City. Rental & Sales Audits: FHLP currently has an active testing program that conducts rental "audits," or "systemic tests" in Bakersfield and the rest of our service area in Kern County. In addition to systemic testing currently conducted under our HUD Fair Housing Initiatives Program (FHIP) grant,, FHLP will conduct a mininium ten (10) rental audits, in Bakersfield each year. Sales, testing is significantly different from rental testing. One reason is that it requires recruitment of a new pool of testers that can be "prequalified" for a home loan and a wi I lingness to provide substantially more personal information (i.e., credit checks that might affect a tester's Greater Bakersfield Legal Assistame, Inc. (GWA) - Proposal for Providing Fair Housing Services 4 05110117 CC AGENDA PACKET PG 360 FICO score). In addition, sales testing will require the development of new procedures, for tester recruitment, training, and reporting, During the first six months of funding by the City, FHLP will develop the capacity to conduct sales audits, with actual sales audits to commence in subsequent years. FHLP will also explore the potential for conducting, sales audits that do not require testers, such as R audits, which compare the way REO properties are maintained in ,areas of the City with different racial or ethnic concentrations. Rental & Sales Complain,tIn,vestiggiiorL-.z;. When a resident contacts F"HLP to report possible housing discrimination,, we review the allegation with the resident to determine whether the allegation, if true, would violate federal or state fair housing laws. If an allegation is cognizable under the federal or state fair housing laws, FHLP initiates an investigation. Itivestigations may include testing, but they often include witness interviews, site visits, resident or neighbor surveys, document review (ie., advertisements, applications, rental agreements, notices), property research, or legal research. FHLP will conduct a minimum thirty-five (35) complaint- based investigations in Bakersfield each year, in addition to investigations supported by our HUD grant. Qattbgr Evidence in_$Lrj)port of Disc.rimination Claims: FHLPs housing discrimination investigation process involves: (1) determining the types of evidence that might be gathered to support or refute a housing discrimination claim; (2) conducting the investigation to gather and preserve that evidence; (3) advising clients of the results of our investigation; and (4) reviewing clients' enforcement olitions. Your investigation yields evidence of illegal housing discrimination, FHLP may provide legal representation to the victim, as described below. Greater Bakersfield Legal Assistance, tnc, (GBLA) - Proposal for Providing Fair Flousing Ser%iiccs CC AGENDA PACKET PG 361 4. Fair How n&Enfo .eme t & Referral Lep.al Renresentation- FHLP engages in three types of enforcement activities: (1) informal advocacy with housing providers; (2) administrative housing discrimination complaints filed with HUD, DFEH, or other agencies; arid (3) litigation in federal or state courts. Enforcement decisions are made by the client in consultation with FHLP; however F14LP will not represent a client in administrative or legal proceedings unless we believe the claim is legitimate arid the available evidence persuades us that *reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur" or that an agency investigation or litigation discovery is reasonably likely to yield such evidence. Most often, FHLP uses informal advocacy to address fair housing concerns raised by our clients. The purpose of informal advocacy is to educate housing providers about their fair housing obligations, explain our clients' concerns or needs, and resolve matters in a mutually- agreeable way. 'rhis advocacy can include making "reasonable accommodation" or "'reasonable modification" requests and engaging in negotiations to assure that client's disability-related needs are properly addressed, When systemic testing (audits) reveals a potentially discriminatory housing practice, FHLP typically sends the housing provider an education letter explaining the potential fair housing violation and requesting that the housing provider take appropriate steps to correct the problem, such as changing community rules, revising applications or admissions criteria, or training staff about hmv to deal with inquiries about accommodating people with disabilitics, If a housing provider is unresponsive to FHLPs efforts to address fair housing matters informally, or if evidence suggests that a housing provider's conduct is intentional, widespread, or malicious, FHLP will represent clients in administrative complaints filed with federal or state Greater Bakersfield Legal Assistance, Inc. (GBLA) - Proposal for Providing Fair Housing Services z -05110117 CC AGENDA PACKET PG 362 administrative agencies. This representation includes drafting and submitting the complaint; providing evidence gathered in FHLP's preliminary investigation; responding to requests for additional information; participating and advising our clients in interviews, conciliation, and mediation efforts; helping clients develop realistic settlement expectations and demands;, and drafting and reviewing settlements. Since 2011, FHLP has represented fifty-two (5 2) clients in HUD or DFEH complaints. 'The majority, of these cases were settled through mediation or conciliation and resulted in affirmative relief (changes in policies, fair housing training, etc.) to benefit current or future residents. Fair housing litigation in federal or state courts is generally viewed as a last resort, not only because of the inherent costs, duration, stresses, and risks of litigation, but also because GBLA and FHLP are committed to preserving, and increasing the availability of decent, affordable housing as well as promoting equal housing opportunity. Nevertheless, FHLP has represented clients in two (2) fair housing lawsuits involving Kern County residents who were victims of discrimination based on familial status and sex (sexual harassment), each of which resulted in favorable settlements for our clients. FHLP has also provided legal representation to fair housing clients in unlawful detainer (eviction) and civil harassment cases to protect our clients' fair housing rights. With funding from the City, FHLP will assist a mi-ninium fifteen (15) clients (residents of, or seeking housing, in, Bakersfield) each year with fair housing enforcement. Monitor Settlement Cb_m_p_Lja&c_L When informal or formal fair housing enforcement activities result in settlements obligating housing providers to end discriminatory, practices, adopt and implement policies consistent with fair housing laws, or fulfill other terms or conditions, FHLP will monitor the housing provider's compliance. If a housing provider fails to comply, FIlLP will take appropriate steps to respond. It should be noted that in litigated cases and complaints Greater Bakersfield Legal Assist,ance, Inc. (GBLA) - Proposal for Providing Fair Housing Services 7 05110117 CC AGENDA PACKET PG 363 settled by administrative agencies, responsibility for compliance monitoring may be reserved, in whole or in part, to the court or agency. In such cases, FHLP will follow up as needed with the court or agency to confirin compliance. 5, Lmdlo d-Tenant. Hous4 , Dis ute & 1 41 efggg ae L-V _1P - OQ- -&!�� Located in Bakersfield, GBLA has been the City's nonprofit legal services provider since 1968, offering, no-cost civil legal assistance to low-income, elderly, minority, and other %Unerable residents in housing, consumer, health, public benefits, domestic violence, guardianship, arid senior law and long-tenn care. Many of the housing-related services contemplated in the City's RFP will be handled by existing GBLA legal units as a match to the fair housing services funded by the City. Thus, City funding will be used solely for fair housing activities. COU-4�LLin-9,Me-d-Lati—oru-&-R-K,f-e-rr-a-l-S-e-i-v-ic-c. - GB,LA and FHLP advocates Nvill continue to provide counseling and referral services to Bakersfield tenants and landlords. GBLA advocates provide housing counseling, legal document preparation, and legal representation to tenants through programs funded by HUD, the Legal Services Corporation, and the State of California. Counseling and assistance for landlords is provided through the Landlord-Tenant Assistance Center (LTAC), a collaborative protect of GBLA and fern Comity Superior Court (KC C), Mediation and other alternative dispute resolution (ADR)services are properly handled by neutrals, not advocates. As a law firm that almost exclusively represents tenants in landlord- tenant disputes, GBLA is precluded from acting as a neutral for both ethical and practical reasons. However, LI'AC subcontracts Nvith a local A program to provide mediation to resolve pending evictions, and GBLA can refer other housing disputes to BBB Mediation Services, a nonprofit mediation program funded through the California Dispute Resolution Greater Bakersfield Legal Assislance, Inic. (GBLA) - Proposal for Provi diva g, Fair Hoosing Services -05110117 CC AGENDA PACKET PG 364 Programs Act (DRPA), which offers limited civil mediation services at little or no cost (Bus. & Prof Code §§465-471.5.), In addition, GBLA and FHLP staff will continue to make appropriate referrals to government agencies and community organizations for inquirers who need help with rent or utility payments, subsidized housing, emergency shelter, or other types of assistance not provided by GBLA. UnlaydVI_ Detainer Assistance: GBLA offers a range of unlawful detainer assistance services to Bakersfield residents. The point of entry for unlawful detainer assistance is the LTAC office at the Bakersfield courthouse. Landlords with questions about the eviction process—typically prior to filing—are routed to LTAC's KCSC unlawful detainer advisor for information about proper notices, completing court forms, service of documents, and the unla,%U detainer hearing process. They are also encouraged to consider mediation rather than litigation. On the other hand, tenants seeking unlawful detainer assistance are responding to termination notices or unlawful detainer complaints, which require prompt action to preserve tenants' legal rights. LTAC staff counsel tenants about how to respond to tfiree-day notices and what will happen if they do, not comply with the notices. For tenants who have been served with an unlawful detainer complaint, LTACbelps tenants file timely answers. lithe landlord is represented by an attorney, LTAC refers the case to GBLA housing attorneys for representation when tenants have a meritorious defense or may benefit from assistance in negotiating an out-of-court settlement. FHL,P attorneys also provide unlawful detainer assistance to current fair housing clients if they later face eviction, and we consult with other GBLA housing advocates about their unlawful detainer cases when tenants raise discrimination defenses. Greater Bakersfield Legal Assistance, Inc, (GBLA) - Proposal for Providing Fair Housing Services Z .0511 0/17 CC AGENDA PACKET PG 365 b. PerfoEmaLace Me&Sur tffl_c ts and Titlieline WIN oil 0 Conduct a minimum Increase fair housing Attendees will have Pre- and post-test 4 one-hour fair housing knowledge among greater knowledge of demonstrating increased seminars for specified housing providers, fair housing laws and fair housing knowledge, groups in the City, tenants, agencies and their fair housing rights community groups, real and responsibilities. estate brokers and agents, and lenders. 0 Provide training and Increase fair housing Participants will have Evaluations of training technical assistance to knowledge among City greater knowledge and and technical assistance City staff and others at departments and staff. information about by City pmlicipants, request of City. resources related to fair and AFFH. Greater Bakersfield Legal Assistance, Inc, (6BLA) - Nopogil for Providing Fair Housing Services 10 05110117 CC AGENDA PACKET PG 366 cam, I 0 Post fair housing Use existing and Increased awareness of Website and social information and emerging mass rights and resources for media analytics; ask 'brochures on website communication efforts fair housing City inquirers how they and social media, to increase fair housing information, learned about the distribute minimum of 4 and program awareness invesligmions, and program. PSAs in English and in the City. enforcement. Spanish, and make weekly postings on Craigslist about FHLP's fair housing services. 0 Participate in a Increase public Distribute and describe Event reports indicating minimum 4 community awareness of fair fair housing literature the number of pieces of events in the City to housing laws and and answer questions literature distributed, distribute fair housing awareness of avaiiable front a, minimum 200 and number of attendees literature and answer services in the City at attendees at community who received literature questions in English and events attended by target events in the City. and had an opportunity Spanish. populations to interact with prograrn (racialiethnic minorities, staff. low-income, elderly, disabled 0 Conduct a minimum Inform City officials and City Officials and others Evaluations of 6 presentations to City community agencies of are aware of fair presentations by City Council, City fair housing seiN ices, housing issues, and other attendees. commissions, investigations, and developments, and comillu'llity enforcement activities; trends. organizations, and respond to questions collaboratives, about programs and services. 0 Continue to provide Provide accurate, IThrough coordination Solicit and report yn inforniation to the City relevant, and actionable with the City or its feedback from Ci or its consultant for use information to the City consultant, track and officials. in developing future Als fbr reports and updates quantify fair housing or other planning (Le,, Al, CAPER, data for use in future documents and review Consolidated Plan, Als and other impediments identified Housing Element), documents; provide in the City's Al (on an non privileged! anecdotal annual basis) and report information relating to on progress in fair housing eliminating these investigation and impediments to fair enforcement activifics; housing choice, discuss tair housing irripedinientsrilad strategies to reduce or eliminate them, Greater Bakersfield LeWal Assistance, hie, (CTBLA) - 111ropo"I far Providing Fair Housing Services —05110117 CC AGENDA PACKET PG 367 0 Receive and track Gather and preserve data Provide the City with Quarterly and annual housing discrimination relating to the number, accurate reports of reports containing complaints in City, demographics, and types housing discrimination demographic and fair of fair housing inquiries. contracts and complaints housing inforcriation, by City residents or including the type of housing seekers. allegation and program response (i.e., counsel, investigation, referral), —i-6o'nduct a minimum Use existing f Housing providers will Q I uarterly and annual 10 rental audits of City rental testing procedures be informed of results reports containing the properties, or housing and testers to obtain indicating possible y number, type, and providers. information about discrimination, outcome of rental discriminatory housing cautioned about audits; description of practices in the potential liability, and educational information Bakersfield rental given information about I provided; and housing housing market; educate how to comply with fair provider's response (if' housing providers about housing laws (informal any). possible fair housing fair housing violations, enforcement), 10 Develop capacity to Develop sales testing Infrastructure twill exist Report on status of conduct sales audits protocols, tester training to conduct sales audits. program development, within 6 months of first materials, and tester year. recruitment sources, 0, Conduct a minimum Gather evidence to Initiate and co—mplete nual Q y--an'd —an- 35 rental or sales fair confirm or refute a investigations using reports, containing the housing investigations complainant's allegation testing, witness number, type, by City residents or of illegal housing interviews, site surveys, investigation mcthcxi(s), housing seekers. discrimination, property and legal and outcome. research, or document review; advise clients of results of the investigation. Greater Bakersfield Legal Assistance, Inc. (GBLA) - Proposal for Proyi4ipg Fair Housing Services 12 05110117 CC AGENDA PACKET PG 368 Greater Bakersfield Legal Assistance, Inc. (GBI,A) - Proposal for Providing Fair Housing Services 13 05110117 CC AGENDA PACKET PG 369 0 Advise a minimum Enable clients to choose Clients will choose one Quarterly and annual 50 City clients of enforcement options that or more fair housing reports containing the housing discrimination meet their needs and are enforcement options, number of enforcement options. consistent with evidence which may include legal investigations, whether obtained through representation by the allegations were investigation. program attorneys. substantiated, and the type(s) of enforcement selected by the client. 0 Provide Resolve fair housing Housing providers will Quarterly and annual representation to a issues quickly and grant reasonable reports containing the minimum 15 City inexpensively by accommodation or number, protected class, complainants choosing educating housing modification requests and non-privileged, non. informal enforcement. providers and for people with confidential outcome negotiating settlements disabilities; approve information. (In that meet the client's otherwise qualified addition to attorney- housing-related needs. applicants who were client privilege, many improperly rejected; or informal and formal rescind or extend settlements contain termination notices or confidentiality dismiss unlawful provisions), detainer lawsuits in which there is evidence of a discriminatory motive, ID Provide Effectively prepare and Help to assure a full, Quarterly and annual representation to a rile administrative fair, thorough, and reports containing the minimum 5 City clients complaints; provide timely investigation of i number, protected ,, class choosing to file legal counsel to clients clients' allegations and and non-privileged, non- administrative housing throughout the provide effective confidential outcome discrimination administrative process; counsel to clients information. (in complaints (i.e., HUD, facilitate the throughout the addition to attorney- DF'EH, D<DJ, USDA). investigation process by administrative complaint client privilege, inany providing legal basis process. informal and formal and evidence to support settlements contain clients' allegations; confidentiality advise clients in relation provisions). to settlement proposals mid agreements or in conneetion with administrative law proceedings, Greater Bakersfield Legal Assistance, Inc. (GBI,A) - Proposal for Providing Fair Housing Services 13 05110117 CC AGENDA PACKET PG 369 I 0 Provide counseling, MISIMMS Assure landlords and landlords and tenants Quarterly and annual 0 Provide legal Provide appropriate Obtain cleclaratory, Quarterly and annual representation to City representation injunctive, or monetary s t ini reports containing the clients litigating fair (including with private relief for victims of number, protected class, housing claims in co-counsel when discrimination through and non-privileged, non- federal or state courts available) to clients litigation, confidential outcome (whether acting as initiating litigation, information. (In attorney of record, as conducting and s addition to attorney- personal counsel to the responding to discovery, Low and moderate l client privilege, many real party in interest or and preparing and trying incorne consumers and informal and formal as an intervenor in a DFEH lawsuit. fair housing cases, through settletnent or specified vulnerable settlernents cone in confidentiality housing consumers, judgment. populations receive provisions), 0 Monitor a minimum Assure that clients Confirm settlement Quarterly and annual I settlernient in City to receive appropriate compliance through reports containing assure compliance, relief and that housing court, administrative information on providers comply with agency, or monitoring compliance with affirmative by program. stUlemerit ternis on all commitments (i.e., resolved cases (subject changing discriminatory to limitations imposed policies and practices, by settlement receiving fair housing confidentiality training). provisions)'. I 0 Provide counseling, MISIMMS Assure landlords and landlords and tenants Quarterly and annual mediation, and referral tenants are receive counseling, reports containing the services City landlords knowledgeable about inediation, and/or number and type of and tenants, options and aware of referral services. 6 service provided available counseling, (counselling, mediation, inediation, and referral or referral), services in the City, 0 Provide referral Assure low and Low and moderate Quarterly and annual services to low and moderate incnnic incorne consumers and reports containing the moderate income consumers and specified specified vulnerable number and type of' housing consumers, vulnerable populations populations receive referral services giving priority to are knowledgeable about refen,al services to provided and the specified vulnerable options and aware of obtain suitable, safe, demographics, of populations. available housing decent, and sanitary consumers. resources in the City� housing, ---------- J--11------1----,; Greater Bakersfield Legal Assistance, Inc, (GBLA) - Proposal for Providing lair Housing Services 14 05110117 CC AGENDA PACKET PG 370 Hovy dA t wi,11 � collected. ti:g a , tored: FHLP staff will collect, track, and store data. GBLA has a fully automated comprehensive legal case management system called PRIME, 11iis database manages and stores client information (e.g., income, race, ethnicity, other demographics, geographic location, problem, other), case information, and it is used for calen", ring, conflicts checks, wid for tracking other activities and set-vices provided by GBLA employees. PRIME has the capacity to generate a multitude of reports, and statistics for presentations and reporting purposes, Please, see database and rejxming examples attached to this proposal. jjffidiAL All target numbers (described under the "'Annual Activity" column above) will be accomplished cacti year. Because FHLP currently provides all services listed in the Cityls RFF' (except for a sales, testing program), Ilinding to provide fair housing, services for ffic City represents an expansion or increase in services. Consequently, Nve can begin providing thin housing services for the City immediately by reallocating full-tirne G13LA staff who currently devote only part of their time to F1lLP. As noted above, 1`1 ILP has an active fair housing rental Greater Bakersfield Ugal Assistance, Inc, ((aBLA) - Proposal 10" Providing Fair Housing Service's 15 05110117 CC AGENDA PACKET PG 371 4 Provide unlawful To assure iminediate Unlawful detainer Quarterly and annual detainer information service, make referrals information and services reports containing the landlords and tenants. to another GBLA for both landlords and number of refemils Housing Unit or to the tenants is easily made to another GBLA * Land lord Tenant accessed and timely in Housing Unit or LTA C. Assistance Center the City either through (l. TA to assure another GBLA Housing *Locamel cat the accurate irifi,,nniation is Unit or LTA C. Bakersfield Cow-thowe, Provided, questions are LTAC'is a collaborative answei •ed, andlor service prqject benveen GBLA is provided regarding and Kern Coun4, unlawful detainer Superior Couri. actions. Hovy dA t wi,11 � collected. ti:g a , tored: FHLP staff will collect, track, and store data. GBLA has a fully automated comprehensive legal case management system called PRIME, 11iis database manages and stores client information (e.g., income, race, ethnicity, other demographics, geographic location, problem, other), case information, and it is used for calen", ring, conflicts checks, wid for tracking other activities and set-vices provided by GBLA employees. PRIME has the capacity to generate a multitude of reports, and statistics for presentations and reporting purposes, Please, see database and rejxming examples attached to this proposal. jjffidiAL All target numbers (described under the "'Annual Activity" column above) will be accomplished cacti year. Because FHLP currently provides all services listed in the Cityls RFF' (except for a sales, testing program), Ilinding to provide fair housing, services for ffic City represents an expansion or increase in services. Consequently, Nve can begin providing thin housing services for the City immediately by reallocating full-tirne G13LA staff who currently devote only part of their time to F1lLP. As noted above, 1`1 ILP has an active fair housing rental Greater Bakersfield Ugal Assistance, Inc, ((aBLA) - Proposal 10" Providing Fair Housing Service's 15 05110117 CC AGENDA PACKET PG 371 testing program, but we do not have a sales testing program. We estimate it will take six months to develop this capacity. Roles of GPLA & City- GBLA anticipates that the City will play an important role in the success of this project. Two ways the City can play a role include: 1) Communication & Re pta tarts• In regard to the provision of fair housing services, the City and GBLA will establish clear lines of communication to address concerns, resolve problems, maximize efficiency, and assure that the project ftirthers the objectives of the City, GBLA, and the residents of Bakersfield. Initially, FHLP would like to work with City staff to identify the types of data we will collect, clarify definitions about services to be provided, and establish procedures to assure that reports are timely, complete, and as consistent as possible with current reporting to HUD. 2 Communitv A tvareness: FHLP'would like to work with the City to assure that residents can find and access our fair housing services when they look to the City for help. We also expect the City to continue to support and promote fair housing events like FFILP"s annual fair housing conference, as well as fair housing activities conducted by the Housing Authority of the County of Kern, Bakersfield Association of Realtors, Income Property Association of Kern, and others. c. QLrganjz#tiDna1 Capacity Incorporated in 1968, GB LA's mission is, "to promote social change and justice by providing high-cluality legal services to the low-income community." GBLA staff members (n=47) are highly competent professionals who are culturally and linguistically representative of the population served. J"he majority of staff members are bilingual (English/ Spanish). OBLA is considered a ``minority led organization" as defined by 'I'he California Endownient as an organization that meets the following criteria, 1) staff is 50% or more ininority; 2) board of directors is 0"No or more minority; and the 3) ()rganization predominantly serves minorities. Greater Bakersfield Legal Assistance, tic_. (GBLA) - Proposal for Providing Fair Housing Services In 05110117 CC AGENDA PACKET PG 372 Located in Bakersfield, GBLA is deeply rooted and invested in our community; services are well known and trusted, and easily accessible for low income and other vulnerable consumers such as the disabled and elderly. Housing has always been a core area of practice for GBLA. Since 1968, approximately 40% of the caseload (which represents over 800 cases per yeas) has been in housing related matters. Furthermore, in addition to the FITLY, GBLA operates other specialized housing projects to help meet specific housing and homelessness prevention needs locally. For example, as a long-standing and integral mernber of Kern Courity's Continuum of Care, GBLA ' s Community Homeless Law Center Project, funded by I-RJD, removes legal barriers to obtaining and maintaining permanent housing through direct legal assistance and/or participation in a Cornniunity Homeless Court. In addition to providing legal representation to unrepresented tenants, GBLA's Sargent Shriver Housing Project, funded by the Judicial Council of California, operates a Landlord-Tenant Assistance Center (LTAC) inside Kern County Superior Court where a variety of services are provided to help resolve landlord-tenant disputes. As a firtal example, in partnership with the California Veterans Assistance Foundation, GBLA operates the Veterans Law Center, funded by the Department of Veterans Affairs, where legal assistance is provided to prevent and/or end Veteran homelessness. In 2011, with funding firorn HUD, and with the support of the City of Bakersfield and County of Kern, we launched the FIILP. Over the past five years. FHLP has developed the knowledge and infrastructure needed to meet the fair housing objectives set forth in the City's Analysis of Impediments 2020 and develop, implement, and administer the City's ongoing Fair Housing Program. Also, GBLA is the only Qualified Fair Housing Enforcement Organization (QFHO) cLuTently providing fair housing services in the City ofBakersfield or Kem County. Following are a few veq brief examples demonstrating FHLPs experience in fair housing. Greater Bakersfield Legal Assistance, Inc. (GIIIA) - Proposal ft)r Prkwiding Fair Housing Servicts 17 CC AGENDA PACKET PG 373 Fair LIousing EducatjQn and Outreach Experience: FHLP staff are equipped to make presentations, in both English and Spanish, on a variety of fair housing topics to residential housing providers, tenants, real estate agents and brokers, government officials, and social service and community agencies. From 2012 to 2015, FHLP also organized an annual fair housing conference during National Fair Housing Month. FHLP is actively involved in outreach activities throughout our service area in Kern County. Basic fair housing information is included on FHLP's website and we are currently building a more expansive presence with a new website and through social media (i.e., Facebook, Twitter). FHLP has developed English and Spanish brochures,, flyers about the fair housing rights, of all federal and state protected classes, and PowerPoint presentations for use %ith residents, housing providers, and community organizations, in addition to housing and landlord-tenant materials developed by GBLAB. From 2011 to 2015, FHLP distributed more than 27,000 pieces of printed fair housing literature. air Housi _InvestjgLaGLns E, j� r i�nce: Since 2011, the F'HLP has conducted nearly 400 Np L L investigations. Depending on the type of allegation, our investigations included one or more of the following: Complainant inten,iew, Document review, Witness interview, Testing, Resident door-to-door surveys, Reasonable accommodation or reasonable modification assessments, Resident mailings, Owner, management, and property research, and Legal research, .fair Houusung FHLP has expertise in Inforinal Enforcement, Administrative Complaints, and Litigation. Examples of outcomes include: Since 2011, FHLP has: 1) secured accommodations or modifications for 28 Bakersfield and Kern County residents using informal requests, 2) filed 48 administrative housing discrimination complaints on behalf of our fair housing clients, resulting in settlements that included monetary compensation to victims of more than $114,000.00, as well as "affirmative relief" (changes in policy, fair housing Greater Bakmfidd Legal Assistance, Inc. (GBI.A) - Proposal for Providing Fait, Houshig Services E CC AGENDA PACKET PG 374 training for management staff, etc,) for our clients, and the community; 3) recovered more than $250,000.00 in monetary damages, as well as other relief, through litigation in eight cases. Fa' Housing'311 Laud g -Tenant & Housing Services Experience: If potential fair housing issues are identified, FHLP provides counsel, advice, investigation, or enforcement services. A majority of fair housing inquiries involve housing or legal problems that do not involve violations of housing discrimination laws. Because we are a specialized unit within GBLA, FHLP has a wide range of options for dealing with non-fair housing matters. FHLP makes an in-house referral to the relevant GBLA Legal LInit, e.g., Homeless Law Center, Sargent Shriver Housing Project, LTAC, Seniors Law Center, Veterans Law Center, or Volunteer Attorney Program). Fair Housing Law Project (FHLP) Key Staff Legal Fair Housing Experience • Mark Roy, FHLP Managing Attorney Over 10 y_ars 9 years • .lima Kim, FIEL,P Staff Attomey —Ay-Us l— 3 years • Jesse Hemandez, FHLP Outreach & Investigations Over 10 years 2 years Coordinator • Danielle Hodges, FHLPidii Finl,�iiit—iveAssistant Attached to this proposal, please see the resunies oftey staff members delailecl infibrinarion on their air housin erience _g Exp_ Q313LA's Financial! stern and InsurA1'ce!Covcrage: The Director of Finance oversees all functions relating to the administration, finwicial management, and financial accounting of GBLA, including monitoring the program budget and process for claims reimbursement. GBLA's Board of Directors approves wuival budgets for all programs, as well as budget revisions. Once approved, the Executive Director is authorized to expend and make other decisions in accordance with the budget. The Director of Finance insures that expenditures match budgeted amounts submitted, and that financial reports are reliable and tiniely. Fiscal data is assembled in accordance with Generally Accepted Accounting Principles ("GAAP") and is Greater Bakersfield Legal Assistance, Inc. (GBI.A) - Proposal for Providing Fair Housing Services 19 -.05110117 CC AGENDA PACKET PG 375 audited yearly. Management has implemented appropriate internal controls for separation of duties in the processing of fiscal documents. GBLA additionally employs an outside, CPA firm to complete all of its monthly bank reconciliations. The financial system utilized is Sage 300 EFL' Accounting. GBLA has sufficient funds to sustain the program until reimbursement of expenditures is received, GBLA's most recent audited financial statement shows an unrestricted account with a balance in excess of $1 Million. GBLA has a personnel policy manual with an affirmative action plan and grievance procedure. GBLA has liability insurance coverage: General liability I Million each occurrence, 21 illion aggregate. The agency is Travelers Property Casualty Company of America. GBLA is fully compliant %ith all Federal and State laws pertaining to the collection and payment of payroll taxes, as well as maintaining the requisite workers" compensation policy. GBLA has fidelity bond coverage in the amount of $5�O0,000,. The insuring agency is Travelers Casualty and Surety Company of America. Attached to this proposal please see a listing of the Board of Directors, and resurnes for the Executive Director and Director of Finance. ![L._ fur Brat Cligat L: Ist GBLA currently provides fair housing services to HUD urider a three year grant (2015 to 20 18) to provide fair housing services in GBLA's service area in Bakersfield and within Kem County. e. -References -&hrTito hegrancart,, Attorney Andrae Gonzalez, Executive Director Brancart & Brancart Stewards, Inc. Phone: 650-879-0141 Phone: 661-638-0939 David Press, mm Housing Prograin Manager Planning & Conirnunit.y Development Depariment County of Kem Phone: 661-862-5039 Greater Bakersfield Up] Assistwi", Inc. (CiBLA); - Proposal for Providing Fair Housing Services 20 05110117 CC AGENDA PACKET PG 376 GREATER BAKERSFIELD LEGAL ASSISTANCE, IN'C. Annual Budget Summary Worksheet for the Provision of Fair Housing Services Budget Category Description/Computation Annual Cost Annual wages for 1.20 fte staff assigned to this p'roject. Specifically, 15% of a Fair Housing Managing Attorney, 25% of a fair Housing Staff Attorney, 50%, of a Fair Housing Outreach & investigation Coordinator, and 30% of a Fair Housing Administrative Assistant. (Calculation. 15% of a full-time Fair Housing Managing Attorney at $10,883 per year; 25% of a Fair Housing Staff Attorney at $15,257 per year; 50% of a full-time Fair Housing Outreach & Investigation Coordinator at $29,075 per year; and 30%, of a full-tirne Fair Housing Administrative Assistant at $13,842 Salaries & Wages per year]. Summary: $10,883 + $158 257 + $29,075 + $13,842 = $69,057. 69,057 Taxes includes items such as FICA, UI/ETT and workers compensation premiums for the above-referenced direct labor personnel (Calculation: ,$69,057 x approx. 9,.6% = $6,6291. Benefit premiums include health, life, dental, and long and short term disability insurance coverages [Calculation: $69,057 x approx. 13.8% = $9,514]. Summary: $6,629 + lFringe Benefits $9,514 = $16,141 16,,143 This line item includes: (1) An estimated $2,500 for written and verbal translations that may be needed for client interviews, psai voice ovens and/or new literature; and (2) An estimated $4,000 for technical assistance and /or training with outside agency in setting up training of Consultant/Contract Svcs new sales testers component. lCalculation: $2,5'00 + $4,000 = $6,500) 6,500 TOTAL PERSONNEL 91,700 Funds estimated to be expended on travel by staff during project period, routine travel within the City hmits for outreach, education, and �includes investigation activities, etc. as well as out of town travel to either Los Angeles or Fresno as needed to attend mediation or court hearings. [Calculation: an estimated 275 miles per month x 12 months = 3,300 Travel miles per year reimbursed at .55 cents per mile = $1,8151 1,815 (Funds set aside to print 2,000 project brochures and instructional materials to be distributed at outreach during the project period. Printing [Caiculation: estimated at $2,085 based on prior experience] 2,085 Funds set aside for tester stipends and background checks. (Calculation: 10 rental audits x 2 test parts = 20 tests x $50 each = $1,000; 10 coniplaint-based investigations, x 2 test parts = 20 tests x $50 each �$500-, and 6 background checks for new sales testers at $25 each Stipends 1$150. Summary: $1,0100 + $500 + $150 = $1,6501 1,650 Funds associated with hosting local Fair Housing Conference including, but not necessarily limited to, venue rental, equipment rental, speaker fees, supplies and printing of program materials. [Calculation: estimated Other at $2,750 based on prior experience) 2,750' TOTAL NON-PERSONNEL 8�'800 TOTAL PROJECT BUDGET 100,0001 21 05110117 CC AGENDA PACKET PG 377 GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Aninuia,l Budget Narrative for Provision, of Fair Housing Services Salaries & Wages A total of $691,057 will be expend'ied on project staff as follows-, $101,883 for 15% of one full-time Fair Housing Managing Attorney who will be responsible for program oversight, coordination with the City, and reporting. The Managing Attorney will also represent clients in housing discrimination, administrative complaints, and lawsuits, [Calculation: annual salary of $72,550 x 15% = $10,883] $15,257 for 25 % of one full-time Fair Housing Staff Attorney who will conduct initial consultations, accept new cases for investigation, and fair housing advocacy, and handle cases through the initial filing of an administrative agency complaint or lawsuit. [Calculation: annual salary of $61,025 x, 25% = $15,257] $291,075 for 50%, of one full-time bilingual Fair Housing Outreach & Investigation Coordinator who will be responsible for meeting outreach and community education goals, including presentations,, outreach events, and seminars; also responsible for developing and implementing systemic investigations (audits), conducting complaint-based and systemic testing, and maintaining roster of trained testers. [Calculation: annual salary of $58,149 x, 50% = $29,0751 $13,842 for 30% of one fulll-time Fair Housing Administrative Assistant who will handle incoming telephone calls and walk-in inquiries, provide general fair housing and landlord-tenant information, schedule initial consultations for prospective clients, and refer non -fair housing matters to other G,BLA advocates or outside agencies as appropriate; also provides administrative support to project personnel, [Calculation: annual salary of $14,137 x 30%:= $13,842] Summary: $10,883 + $15,257 + $29,,075 + $13,842 = $69,057. Firlinge Benefits This line item; includes both taxes and benefits. Taxes includes items such as FICA, UI/ETT and workers compensation premiums for the above - referenced direct labor personnel. [Calculation: $69,057 x approx. 9,6% = $6,629). Benefit premiums include health, life, dental, and long and short term disabifity insurance coverages. (Calculation: $69,057 x appirox, 13,8% = $91,5141. Summary- $6,629 + $9,514 = $16,141 ") I 05110117 CC AGENDA PACKET PG 378 Consultant Contract Services This line item includes: (1) an estimated $2,500 for written and verbal translations that may be needed for client interviews, psa (public service announcement) voice avers and/or new literature; and (2) an estimated $,4,000 for technical assistance and/or training with outside agency in setting up training of new sales testers component. rr Ii MEMM Travel Funds estimated to be expended on travel by staff during project period; includes routine travel within the City limits for outreach, education, andi investigation activities, etc. as well as out of town travel to either Los Angeles, or Fresno as needed to attend mediation or court hearings. [Calculation: estimate 275 miles per month x 12 months = 3,300 miles per year reimbursed' at .55 cents per mile = $1,815]. Printin Funds set aside to print 2,ODO; project brochures and instructional materials to be distributed at outreach duringthe project period. [Calculation. estimated at $2,085 based on prior experience]. Stipends Funds set aside for tester stipends and background checks. [Calculation,* 10 rental audits x 2 test parts = 20 tests x $50 each = $1,000; 10 complaint -based investigations x 2 test parts = 20 tests at $50 each = $500; and 6 background checks for new sales testers at $25 each = $150]. EM Funds associated with hosting local Fair Housing Conference including, but not necessarily limited to, venue rental, insurance, equipment rental, speaker fees, supplies and printing of program materials. [Calculation: estimated at $2,750 based on prior experience], 23 OX1 7 CC AGENDA PACKET PG 379 j ,O i ac I � anY T V .."M � l r,H'r✓ n„ (WWbpr� r k� �n9N0flu�b b rViVi N I R f aw 4 II �H �bk4 f W4 Nlk A Vhf I� rr 05110117 CC AGENDA PACKET PG 380 Awwh Ce�Ip MN "�pu fEk f � 1 E 4"Na qq 05110117 CC AGENDA PACKET PG 380 Awwh Ce�Ip MN "�pu fEk f � 1 E 4"Na 05110117 CC AGENDA PACKET PG 380 ESTELA CASAS 13804 Fremande Catirt • Bakersfield, CA 93312 • (805) 589-1103 EDUCATION UNwmrry OF CALiFoRmA, Los ANGELES J.D., 1981 Member, California State Bar CALIFORNIA STATE COLLEGE, 13 FIELD BA. Political Science, 1978' Mat gisa Cum Laude M.inor: psychology EXPERIENCE GREA-mR BAKERSFIELD U�GAL, AssisTANcE, INC. 4193 - Present, Executive Direchir Under the direction of the Board of Directors, responsible for the overall administration, operation, and supervision of all phases of GBIA's program and for providing leadership and direction for CBIA GREATER BAKERSFIELD LEGAL ASSISTANCE, INC, 10192 - 4193, Interim Fixy7itive Director Responsible for overall adn-tinistration, operation, and supervision of laNv office that Provides civil legal services to low income and elderly persons. GREATER BAK m -'FiELD LEGAL AssiSTANCE, INC. 5190 - 10192, StaffAmmiey Performed all aspects of litigation, including, but not limited to, client interviews, investigations, preparation of legal papers, negotiations, trial appearances; assited in the training and supervision of other Professional and support staff', GPsATER BAxLRsFm-LD, IXGAL AssisTANCE, INC. 1986 - .5190, Lam 'Terra Care Ombudsman Qvrdinator Authorized by the State of California and funded through a contract -with the County of Kern, (,00rdinator provided a variety of services to residents of long term care facilities. Services included investigation of resident complaints, mediation. education, direct client advocacy, and training and supervision of state certified volunteers. GREATER BAKERsimm LEGAL ASSISTANCE, INC, 11182 - 1986, LtgalAssistayst provided direct representation to clients in all areas of public lienefits, late,, I-AW OFFICES OF 0,LA RAzA, BAKEkSHELD 4,182 -11/82, Legal Assis tan t Assisted in the preparation of irrunigration cases, 1,EGAL An) FomwnoN oF LOS ANGELES, 9179 - .5/81, Law Ckrk Represented clients in fair hearings involving denial of puh]k, benefits, ClkuFoRmA RuRAL l GAi, AssISTANCE, DEj.ANo 5179 - 9179, Law C?erk Performed client intake, research related to pesticide safety regulations, and community outreadi functions, im - 05110117 CC AGENDA PACKET PG 381 12408 Tule River Way • Bakersfield, CA 93312 Cell: (661) 428-0457 - Email: tim@denari.com - Skype: timdenad Linkedin Profile-, linkedin.cornfinitirridenari OBJECTIVES & SKILLS Innovative innovative and dynamic executive with deep financial experience across multiple industries Utilize keen problem solving skills and financial experience to quickly, adapt to needs of organizations. Leverage superior interpersonal skills, work to resolve complex sales, human resources, legal, financial, and operational issues, while motivating staff to peak performance, • Strategic Planning and Organizational Leadership • Profitability and Cost Analysis • Budgeting and Cost Management ► Investor, Lender and Vendor Relationships • Overall Computer fluency on most major programs - Growth and Expansion Strategies • Advanced MS Excel skills, including financial modeling • SEC Reporting (10-Q, 10-K, Proxies, etc.) i • Financial Transaction Execution • Systems and Technology Utilization • Quickboloks, Peachtree, AccPac, MAS90 • Deep Knowledge of Capital Markets Greater Bakersfield Legal Assistance Inc. Bakersfield, CA Director of Finance May 2012 - Present • Responsible for all financial reporting functions of multi grant nonprofit legal aid company • Set up consolidated financial reporting for2O different grantors • Supervise Grant Administrator and Human Resources Associate iPointer Inc. Bakersfield, CA Chief Financial / Operations Officer May 2,010 - May 2012 • Responsible for all operations, including financial, for mobile technology company • Successfully negotiated all critical data contracts • Coordinated the launch of the first publicly released mobile application using !Pointer technology U. S. Dry Cleaning Corporation (PINK: UDRY.PK) Newport Beach, CA Chief Financial Officer March 2009 - May 2010 • Responsible for all reporting; functions of $25MM public company • Set up consolidated financial reporting for six wholly owned operating subsidiaries • Developed franchising program, including preparation of all systems, documentation and preparation of Franchise Disclosure Document Bakersfield, CA March 2000 —March 2009 Denari & Associates was a consulting company focused on small private companies regarding mergers and acquisitions and raising capital via debt or equity financings Transaction-oriented scope required financial models and valuations, and the development of organic or acquisition-oriented growth strategies Arranged transaction, based financing when required in deal structure; worked with numerous sources to streamline process for client company; worked for certain clients as "turnkey" CFO 26 05110117 CC AGENDA PACKET PG 382 0 Selected Transaction Experience: * 2006: Advised client on purchase of local One Hour Martinizing stores, a distressed dry cleaning chain, provided ongoing CFO services * 2004: Advised and provided requisite debt financing for the purchase of Kern Ambulance by private party * 2002. Advised on sale of Sun Valley Oil Company to C.L. Bryant Inc. and Fleet Card Fuels Video City, Inc. Bakersfield, CA I Torrance, CA Controller /Chief Financial Officer FebruM 1993 - March 2000 • Video City was the fastest growing video rental store chain in the nation, and an early consolidator in the industry, The company initially pursued an organic growth strategy and subsequently fueled growth through an aggressive acquisition campaign after it became public in 1997, • Began as Controller, later recruited to CFO position to oversee SEC reporting, the maintenance of audited financial statements, and to devise a financial strategy that would create a platform for growth • Obtained $3,7,5MM acquisition line of credit from BankBoston used': to fund acquisitions • Developed sophisticated structuring, forecasting, and valuation models to evaluate acquisition opportunities • Negotiated and completed 8 separate acquisitions valued at over $120MM • Negotiated and completed $200 M 50 store divestiture to Blockbuster Entertainment • Recruited a staff of 16 to cover public company needs, including accounting, information technology and systems, human resources, and marketing • B.S. Business, Administration, Emphasis in Accounting, Excelsior College (attended classes at CSUB) Active California Department of Real Estate Broker's License • Active California Department of Insurance Licenses (Life, Health, Property & Casualty) Previously held FINRA licenses - Series 7, 3, NASAA Series 63 PERSONAL • Enjoy technology, running (completed two full marathons) 27 ---.----05110117 CC AGENDA PACKET PG 383 WORK REFERENCES OF TIMOTHY DENARI Chris Frank Current CEO iPointer Inc. Direct supervisor at !Pointer 2010 -2012 Cell 408- 772-3180 Robbie Lee Current Chairman, U.S. Dry Cleaning Corporation Direct supervisor at U.S. Dry Cleaning 2009 -2010, Video City 1993 -2000 Cell: 646- 588 -8300 Bob Borland Former President, Kieenerz Dry Cleaning Direct supervisor at Kleenerz Dry Cleaning 2006 -2008 Cell: 661 - 201 -8566 Gary Chapman Former CEO Sun Valley Oil Company Direct supervisor at Sun Valley Oil Company during sale 2002 -2003 Cell 661 -343 -3343 28 05110117 CC A EN A PACKET PG 38 Mark A. Roy, t: 10-YEAR WORK Greater Bakersfield Legal Assistance ......... .............................. ......... April 2011- Present EXPERIENCE Managing, Attorney, CaBLA Fair (Housing Law Project Bakersfiei,d, Caulfd'rnia + developed project after award of HUD FHIP (ENOC) grant. + Awarded three -year PEI grants (2012 -2015 & 2015-2018), + Responsible for all program - related aspects of project implernentation, including: 0 Compliance with HUD grant requirements. 0 Staff and', tester recruitment and training. 0 Project design and development of policies and procedures„ 0 Supervision and direct handling of case intake, investigation, and enforcement. G Preparation of quarterly FHIP reports. Greater Bakersfield Legal Assistance .... ................................................. .tune 2'009 -- April 2011. Staff Attorney Bakersfield, California + Represented and assisted tenants in unlawful detainer and housing matters. +Project attorney for Homeiessness Prevention and Rapid Re- Housing, Program. + Conducted workshops on landlord - tenant rights and responsibilities. Better Business. Bureau of the San Joaquin Valley .. ...............March 20109- Septermber 2009 Contract Attorney S- ervices Fresno, California • Part -time contract to provide attorney supervision of Fresno County Superior Court's small claims and designated limited civil 'advisory program. +Train n,on- attorney advisory staff, review information provided by advisors, and respond to new questions posed by advisors.. Project Sentinel ..... .................... ........ ........ ...................November 2008 —May 2009 Executive Assistant. Redwood City, California +Assisted executive director in day -to -day operations, +Assisted executive director in preparing FHVP reports and C'dBG funding proposals. +Temporary assignment while seeking, a position as an attorney. Project Sentinel ..... ....................... ........ ...........,...............,. August 20,07- October 2008 Fair Housing Coordinator, Stanislaus County Modesto, California +Conducted intake and investigation of housing discrimination claims and prepared' formal administrative agency complaints on behalf of discrimination victims. +Counsel'ed landlords, property managers, and tenants about fair housing and landlord - tenant rights; conciliated fair housing and landlord- tenant matters. + Conducted training for iandlords and fair housing testers, coordinated community education efforts, and developed program promotional ;materials. +Trained volunteer mediators, Stanistaus County small claims advisors, and mediation program staff; assisted mediation and small claims advisory program director with day- to-day operations in Modesto satellite office. Better Business Bureau of the San Joaquin, Valley .. ................ December 2001- August 2007 Director of Mediation Services Fresno, California + Managed dispute Resolution Programs Act (dRPA)- funded in,-court and community mediation programs in Fresno. Kern, and Stantslaus counties. + Mediated and concillated small claims, unlawful detainer, civil harassment, consumer - merchant, landlord- tenant,, and other "small civil " matters. + Increased BBB "s annual mediation volume from 325 to 1,500.. + developed and supervised 'Stanislaus County small claims advisory. + Conducted mediation training for volunteer's, attorneys, and judges. 1 05110117 CC A EN A PACKET FAG 385 EDUCATION San Joaquin College of Law ,.................... .. ......... ........ .............. August 2001—May 2005 Juris Doctor Clovis, California *Class Rank;. Top fifth of class (9/56), and first -time California bar passer. * 2003 SJCL George C. Hopper root Court Competitions Best Oral Advocate. * 241414 Roger J. Traynor California Moot Court Competition. Third place for Best Brief (team award), Outstanding Individual Achievement in Oral Argument (individual award). *Student advisor for Fresno County Small Claims Advisory. Fresno Pacific Graduate School ....... ......... ..... ............................... August 1995 —May 1999 Master of Arts in Administrative Leadership Program Fresno, California, * Completed 25 units with 4.0/4,0 GPA. * "All but thesis " in master's degree program. Purdue University ........ .... ..... ......... ......................................... August 1989—May 1991 Master of Arts in Public Administration Program West Lafayette, Indiana * Completed 18 semester units with 5.5/6,11 GPA. * Coursework'in communications, pudic administration, and politicaI analysis,, Edinboro University of Pennsylvania ......... ......... . ............................... July 1.987—May 1988 Secondary Social Studies Teacher Certification Edinboro, Pennsylvania * Completed certification program with 3.75/4.41 GPA. * Dean's List each semester. Purdue University ......................... ........ ......... ..__ ............... August 1980 —May 1994 Bachelor of Arts in Political Science West Lafayette, Indiana * [Distinguished graduate with 5.68/6.41 GPA. +r~ Political science major; English literature minor. *Air Force ROTC 4 -yeas Scholarship and Dean's Freshman Scholarship recipient. * Outstanding Senior in Political Science nominee. * Phi Beta Kappa. FAIR HOUSING Fair Housing Accessibility First ...... ......... ......... ... ........................January 2015 s 8 Hours TRAINING HUD - LCM Architects Fresno, California Fair Housing Investigations in a. Nutshell ... ............................... February 2014 * 32.5 Hours National Fair Housing Training Academy Los Angeles, California fair Housing Testing Training gr Technical Assistance .................... November 2013 . 30 Hours Fair Housing Justice Center Bakersfield, California Fair Housing Testing That Will Survive Litigation ................................ October 2011 S 6 Tours Fast. Bay Legal l Aid • Brancart & Brancart Oakland, California Immigrants & Fair Housing ......... .... ... ........ .................September 2011 a 6.5 Hours H UD FHEO Fresno, California Fair Housing Enforcement For Public Sector Attorneys .................... August 2011 * 32,.5 Hours National Fair Housing Training Academy Washington, District of Columbia Fundamentals of Fair Housing ................... ........ .......... ......,,.January 2008 •40 Hours National Fair Housing Alliance Coral Gables, Florida 2 0511 /17 CC A EN A PACKET FAG 386 JINA KIM LEGAJ_ EXPERIENCE Greater Bakersfield Legal Assistance, Inc. Fair Housing Law Project Bakersfield. CA Staff Attorney Mamh'13 — Present Interview clients and issue spot for potential housing discriniination issues. Create investigation plans for individual cases. Conduct witness interviews and review, documents for discriminatory statements. Make reasonable accommodation requests on behalfof disabled clients. Represent clients in housing discrimination complaints riled with HUD and DFEH. Participate in mediations, and negotiate with housing providers in administrative complaints. Conduct legal research. Provide litigation support in lawsuits. Make presentations ori fair housing law to cornmunity groups. Assist in planning annual GB LA fair housing conference. Manage caseload of 15 ail cases, Education and Relevant Training NFHA Fair Housing School (2015) Fair Housing Acecssibility FIRST'rraining (2015) NFHTA lnvestigatorl'rainings Week 1, Week 3, Fair Housing Investigations in A Nutshell KoreatownTeriants' Defense Network/Korean American Bar Association Clinics Los Angeles, CA Volunteer Atj0rjje)7 Nov. '12 — Present, July 'I I -- Atig, " I I Provide legal advice to low - income tenants regarding landlord-tenant, security deposit, and sinall claims issues. Explain the eviction process. Assist with Korean translation ion Debt Collection Clinics, Neighborhood Legal Services of Los, Angeles County Pasadena, CA Volunteer Attorney Oct. '12 — Feb. 413 Interview litigants, Provide advice and information to defendants in debt collection lawsuits about filing an answer, claims of exempt ion, and enforcement of judgimnts. Prepare answer pleadings. Public Law Center Santa Ana, CA Equal Justice Works AmeriCarps Legal Eellrap Aug. I I — Sept. 412 Advised low - income clients iiicoiisutiier amid Cliapter7batiks-tipleymatters. Represented clients, in debt collection lawsuits and at hearings, Drafted discovery requests and responses. Drafted memoranduni on a service by publication issue. represented client in a debt collection settlement negotiation. Reviewed loan documents and relevant statutes to investigate whether client's home was properly foreclosed on. Collaborated with connnunky-based organi7ations as part of a foreclosure prevention working group. Recruited and trained law student Volunteers, Workers' Rights Clinics, Neighborhood Legal Services of LA County Glendale, (,,,A; Pacohna, CA Volunteer Oict. * 10 — Dec. ' 10, March 'I I -- Aug. ` I I Conducted in-person interviews. Advised workers of their rights under wage and overtime lalvvr laws. Assisted individuals with completing legal forms for wage claims and criminal record expungeinients. Counseled litigants on how to prepare for hearings to iippcal denials of unemployment benefits, Health Consumer Center,, Neighborhood Legal Services of 1A)s Angeles County Pacoima, CA Volunteer Oct. *09 -- Dec, '09 Advised low-income clients about their health coverage options and Medi-Cal hearing rights. Researched Medi-Cal and Medicare policies to ans%er individual client questions, Advocated for indigoit clients with county and state health coverage programs, 31 05110117 CC AGENDA PACKET PG 387 2 of 2 Health Rights Hotline, Legal Services of Northern California Sacramento, CA Paralegal Sept. '08 - Julie '09 Advised low-income clients about their Medi-Cal hearing rights and other health rights. Advocated on behalf of clients with Medi-Cal hearing specialists, public health insurance programs, and private health insurance companies. Contacted hospitals to check compliance with charity care law. Managed caseload of more than 25 cases. Senior Legal Hotline, Legal Services of Northern California Sacramento, CA Legal Inferit Fall 2007 Completed client intakes, Provided counsel and advice to seniors in estate planning, advance health care directive, debt collection, and identity theft cases. Negotiated an agreement with an airport ride service on behalf of client. Researched statutes in family law case. Sacramento County Public Defender, Juvenile Division Sacramento, CA Law Clerk Spring 2007 Represented juvenile defendants in court for detention hearings and arraignments, Conducted legal research on gang registration issue and drafted memorandum highlighting key cases and legal analysis. Legal Aid Foundation of Los Angeles, Asian and Pacific Islander Unit Los Angeles, CA Law Clerk Summer 2006 Conducted intake interviewi with monolingual callers tothe Korean Hotfine, Prepared pleadings, advised clients, and researched issues in in,imigration, consumer, and family law cases. Received training on landlord-tenant law, BAR ADMISSION California, State Bar Number 276706 Federal, Eastern District of California, Central District of California EDUCATION University of California Davis, School of Law J.D. , May 2008 Activities: Public Service Law Program Staff Writer, The Ativoctae Research Paper. 'I "he Effects of The Foreclosure Crisis on The Indigent Frances Carr Mock Trial Competition Participant King Hall Legal Foundation Copy Editor, Jotn'ttal of ,hn7ende Lait, and Poliq, Honors: Asian Bar Association of Sacramento Law foundation Scholarship Recipient (2007) University of California, Berkeley B.A. in Political Science with th.mors, Minor in Music, May 2004 Honors: cum, laude, Pi Sigma Alpha Honors Thesis: The Plight' (V'Narth Korean Refugees in China Published in Polifica, undergraduatejournal of Political Science Department LANGUAGES Proficient in Korean. Beginning Spanish. Beginning French. PERSONAL Enjoy reading biographies/nienioirs, watching baseball, and playing piano. IN 05110117 CC AGENDA PACKET PG 388 FA MI ur 44 Portrait of Professional Experience: *rganizational Management: Proficient strategic-process development, experience identifying and compiling firm processes and production data, data analysis, and development of'strategic plan to advance productivity in keeping with organizational mission; experience identifying staff knowledge, skills, and abilities for proper position placement, workload assignment, and individual staff member development; oversight of firm financial performance, control and management of firm expenditures and receivables, transparent trust account management and disbursement. Hands-on experience with policy and procedure development to further staff and organizational objectives; proficient servant, collaborative, transformative leadership styles; experience conducting recruitment processes, on-boarding, training, employee evaluations, development, discipline and terminations; proven supervision skills, experience creating strategic employee development plans, and ineasuring, performance. I= Organized and efficient task/time management skills. Solid supervisory, training, and workforce skillset development experience. Strong work ethic, proven critical analysis and problem solving skills. Strong written and verbal communication skills. Software Competency: NIS Word, Excel, Adobe Pro, Outlook, Westlaw Next, Deans Essential Forms. Bilingual-read, write, and speak fluent Spanish. Employment History: Current Employment Greater Bakersfield Legal Assistance, Inc. Bakersfield, CA Non-profit legal services Adrain Staff Supervisor/Fair Housing Coordinator 2014-Prescut o Responsible for supervision and professional development of administrative support staff and delegation of assignments in keeping with employee knowledge, skills, and abilities to meet time sensitive requirements. Assigned the task of identifying and implementing junctures to measure empJoyce performance and align outcome with organizational mission. 11 05110117 CC AGENDA PACKET PG 389 Conducted subordinate staff training, ongoing motivation and supervision of all aspects of legal product deliverables and administrative support. ;0- Transition to conducting fair housing investigations, including coordination of tester activities, compiling case records and tester reports, conduct fair housing tester recruitment and training Process fair housing complaints over the phone and on a walk-in basis. Previous Employment Jim Trevino Law Group Independent Paralegal 20 11-2014 Family lawfPersonal injury support, including preparation of petitions, settlement demands, complaints, responsive and propounded discovery, Grossman Law Offices Independent Paralegal 2011-2014 Trial support, including prepared statements of the case, jury instructions, motions in limine, petitions to compromise minor clairns, Law Offices of David Milligan Independent Paralegal 2011-2014 Civil discovery support, including responsive and propounded discovery, prepared complaints, amended complaints,. Darryl B. Freedman, A Professional Law Corporation Fresno, C.A. Personal injury law firm Firm Administrator/Paralegal 2010-2011 Developed and implemented sustainable work descriptions and process outlines for 21 member support staff; implemented points of work review and advisement. Established, maintained high quality client care standards.Responsible for financial oversight and accounting arising from ongoing case development and settlements. Y oversight of case expenditures and disbursements.Conducted subordinate staff training, motivation and supervision of all aspects of firm production; identified and resolved hindrance elements to production. �k Involved in all aspects of firm production supervision ranging from new job position creation and analysis, employee development and motivation to recruitment, onboarding, and training, Grossman Law Offices, A Professional Law Corporation Fresno, CA Personal injury law firm Operations Manager /Paralegal 2007-2010 Served as liaison between clients, opposing counsel, vendors and witnesses. Supervised the daily responsibilities of a growing practice, i.e., phones, calendar and appointment scheduling, verbal and written insurance communications, etc. 34 05110/17 CC AGENDA PACKET PG 39® Conducted subordinate staff training, motivation and supervision of firm production, including pre-litigation case advancement, and all litigation processes. Assigned firm financial oversight and accounting arising from ongoing case development and settlements; oversight of case expenditures and disbursements and accountability to firm founder. Parent Caretaker Student � Provide assistance with activities of daily living, mobility support, and hygiene maintenance. Coordinate and transport clients to and from medical appointments, in addition to providing translation assistance (Spanish/English). Responsible for nutrition and dietary meat planiiing, medication administration, and other necessities, Law Offices of David L. Milligan Person injury law firrn Litigation Paralegal Fresno, CA 1999 -2003 Reported directly to attorney with broad, ranged responsibilities that encompass the timely and complex preparation of cases from discovery to trial phase. Coordinated office functions, e.g., court calendar management, retained court reporters, and scheduling of conference rooms for deposition proceedings, ;� Complete discovery, ADD, trial support. Performed legal research to obtain and gather case-relevant data and materials. Educatio History: Graduate Degree: Colorado State University-Global Campus Masters-Healthcare Administration and Management. Coursewo,rk includes: healthcare strategic management, human resources management, hurnan resources planning, managing performance for results. Under Graduate Degree: Fresno Pacific University BA-Business Administration, Organizational Leadership emphasis. Co,ursework included human resources, organizational development, business strategy and policy, organizational behavior and communication, ethics. Fresno Community College: AS-Business Admin, Human Relations San Joaquin College of I.aw: Paralegal Certificate National Fair I lousing Alliance Fundamenals of Fair Housing Training Program M ... .... 05110117 CC AGENDA PACKET PG 391 USAF Comptroller Award, Airman of the Quarter Award, Comptroller Airman of the Year Award USAF Honorable Foreign Service Award FCC Deans List Award FCC Deans Honors Aivard Fresno Pacific University Student Representative Fresno Pacific University Academic Award and Scholarship (3.86 GPA) Colorado State University-Global Campus Magna Cum Laude (3.75 GPA) In CC AGENDA PACKET PG 392 DANIELLE B. HODGES UffiffLIGHTS OF QUALIFICATIONS Capable of multi-tasking, and working in a fast past environment • Exceptional oral and written communication skills. • Experienced in problem solving/ troubleshooting for stressful situations. • Honest, reliable and punctual, • Supportive team mernber with excellent customer :service skills. SKILL,S AND ABILIM • Knowledge of civil procedure and various areas Of Substantive law • Motions Customer relations • Business Correspondence • Microsoft Word/Excel • Microsoft PowerPoint • Essential Fonns • Transcription PRQFF,SS1ON_AL EXrEKLNCr,, Greater Bakersfield Legal Assistance, Inc. Bakersfield, CA Administrative AssislantlLegal Assisiant. Fair Housing Law P reyeci (FI-ILP) March 20 15- Present Initiate and maintain contact with clients. Handle initial intake of new prospective clients. Handle and follow up with incoming calls, Compile data and other documents necessary for reporting. Maintain database of client dernographic information, Prepare correspondence, Assist with preparation of pleadings and/or filing of pleadings. Greater Bakersfield Legal Assistance, Inc. Bakersfield, CA Paralegal, Orders Project in Aern (OPIK) August 2012 - February 20 15 Provided one-on-one assistance to pro per litigants with the preparation and filing of their Findings and Order After Hearing and Judgiiients. Prepared and filed other various documents such as Income Withholding Orders and Child Support Case Registry forms. Provided pro per litigants with information on the next steps in their Family Law case. Provided paralegal and administrative assistance to other GBLA legal units. Law Office of Joe W. Whittingtun, Es,q• Bakersfield, CA Legal Assistantl Paralegal Dec 2009- August 16, 2012 Maintained attorney calendar, legal research, draft and filing of motions, managed case files, assisted clients and case projects, correspondence and billing. Supervised and trained paralegal externs. Prepared and obtained discoveD, documents... Kern County District Attorney's Office Bakersfield, CA Legal Secretarw (Intern,; September 200,9- Dec 2009 Transcribed case interviews and criminal investigations, processed subpoenas, entered data in CJIS, and assisted in case projects, Kern County Public Defender's Office Bakersfield, CA Legal Assistant 0"olunfeer) Sainuary 2009- Aug 2009 Maintained attorney calendars, prepped and closed case ffles, transcribed investigative Interviews, and entered data into CJ IS. VUH14NUM National Fair Housing Alliance, Fair Housing School Certificate of AchieveMern October 2, 2015 Santa Barbara Business College Associate of Science — Paralegal Studies 2006- 20,08 05110117 CC AGENDA PACKET PG 393 FHLP Intake Lo Sample 05110117 CC A EN A PACKET FAG 394 05110117 CC A EN A PACKET FAG 39.E 05110117 CC A EN A PACKET FAG 396 p 05110117 CC A EN A PACKET FAG 397 05110117 CC A EN A PACKET FAG 398 EVENT INFORMATION FHLP Staff Member(s): FHMA Mark Roy, FHSA Ana Kim Date: hanuary 20 2016 Time: 9:30-11:3,0 AM Purpose/Title/Description: Fair Housing for Housing, Providers Host/Sponsor Agency; QBLA Fair Housing Law Project SET-UP & PRESENTATION NEEDS N Literature- PowerPoint Handouts Table 13 Table Drape r Table Display Chair(s) 0 Canopy Ll Water Laptop USS Thumb Drive Camera Projector & Peripherals C3 Other: EVENT NARRATIVE Ork-py descrkbe the event and FRLPs outreach ac-riwry. You may wish to incAude infbomotlan about the sponsuring orgonizotian, purpose afthe event. targeted pop wation, etc. You MOY OISO wish to include a descripribin cfFfILP5 ro;e and the nature of our involvement Ike, presentation, Q&A with literature distribution, co-sponsor), Your assessment of the levei ofinferesr infoir housing, and whether you spoke with anyone who might have a timel)r fair housing matter, Indicate whether 0740 ted0is Of c6mmunicotlon with Participants were provided in languages other than Englos& FHMA Mark Roy and FHSA Jina Kim conducted FHLPs Fair Housingfior Housig Providers workshop for the management employees of" in Bakersfield. The company agreed to provide fair housing training for local property managers and a property supervisor to resolve a claim of housing discrimination on the basis of religion. This claim was resolved without initiating an administrative complaint or lawsuit. Mr. Roy and Ms. Kim provided an overview of fair housing laws, including protected classes under federal and state law, prohibited conduct, and potential liability for housing providers. Particular attention was devoted to state and federal laws relating to discrimination based on religion and on disability (especially reasonable accommodations and modifications). EE 05110117 CC AGENDA PACKET PG 399 05110117 CC A EN A PACKET FAG 400 CERTIFICATION The undersigned has carefully examined Request for Proposal documents pertinent to the referenced services, and further, being familiar with all other conditions affecting this proposal, hereby agrees to furnish all labor, materials, etc., required to complete said services outlined in the specifications and other documents at the prices quoted on the Budget Summary Worksheet. Furthermore, the undersigned considers this response to the Request for Proposal valid for a period of 180 days after the due date. Greater Bakersfield Legal Assistance, Inc. Agency Name ESTELA CASAS, Esq. Executive Director Printed Na a Title March { 2016 t or' Sign re-- .. Date 615 California Avenue Mailing Address Bakersfield CA City State (661) 334 -4660 Telephone Number 93304 Zip Code (561) 325 -4482 Fax Number 45 05110/17 CC A GENDA PACKET FAG 401 Proposer declares that the only persons or parties interested in this proposialas principals are those named herein; that no officer, agent, or employee of the City is personally interested, tirectly or indirectly, in this proposal; that this proposal is made without connection to any othei individual, firm, or corporation making a proposal of the same work and that this proposal is in respects and Without collusion fraud. Note: This questionnaire constitutes a part of the proposal and signature on the signature �ortion of this piroposal shall constitute signature of this questionnaire. In case of discrepancy between words and figures, the words shall prevail. The names of all persons, firms, and corporations interested in the foregoing proposal as principals as follows: Greater Bakersfield Legal Assistance, Inc. The undersigned are prepared to satisfy the City Council of the City of Bakersfield of their ability, financially or otherwise, to perform the contract for the proposed work and improvernents in accordance with specifications set forth. Greater Bakersfield Legal Assistance, Inc. Company Name Print Name Executiy# Director Title w Gated larch 20 16 ..�..�..�.,.�,�..,....._� _ ..... ..��.�...,...... .,.��..,,,.........ro �....._ M Greater Bakersfield Legal ASShstancvi, Im, Attn: Ryan Bland Community Development Department CITY OF' BAKERSFIELD 1715 Chester Avenue Bakersfield. CA 933011 Re: C�&3fr jZL1Lr:qLjLQrwt Dear Mr. Bhmd: Estela Casa s,, Executive Drector March 8. 2016 Please be advised that on March 8, 2016, the, Board of Directors of Greater Bakersfield Legal Assistance met and duly authorized its Executive Director. Estela Casas, to submit a proposal to the City ofBakersfield for the provision of fair housing services, 'Fhe inoLion passed Unanimously, Authorized Of R, La I Estela Casas, Executive Director (ireater Bakersfield Legal Assistance, Inc, 615 California Avenue Bakersfield, CA 93304 D irect Line: (661) 334-4660 Sincerely, GRFATER BAK[",RSF'IELD LEGAL ASSIS"I'ANCE'. INC, 615 f,,: a I I k:m w�. lNi Avc�n'a, Hake rsfieki GaAiiforrna 93,3CA W r6t`r I) 325-594,3 iol Fix M1061 j 32�3 4482 N, - xv,,v, cjb ; ia . )r `.j 05110/17 CC AGENDA PACKET PG 403 GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. (GBLA) 615 California Avenue, Bakersfield, CA 93304 BOARD OF DIRECTORS (March 2016) BOARD CHAIR James A. Yoro, Esq. CHAIN, COHN, STILES (Appointed by the Kern County Bar Association) 1430 Truxtun Avenue, Ste. #100 Bakersfield, CA 93301 (661) 323 -4000 VICE CHAIR Vikki Del Pellegrino, Esq. KERN COUNTY DISTRICT ATTORNEY'S OFFICE {Retired} (Appointed by the Kern County Bar Association) 221 Clara Street Bodfish, CA 93205 (661) 549 -7966 SECRETARYITREASURER R. Douglas Delgado, CPAIEsq. DELGADO PROFESSIONAL OFFICE (Appointed by the Kern County Bar Association) 5301 Office Park Drive, Ste. #205 Bakersfield, CA 93309 (661) 325 -8677 Teryl D. Wakeman, Esq. KERN COUNTY PUBLIC DEFENDER'S OFFICE (Appointed by the Kern County Bar Association) 2100 College Avenue Bakersfield, CA 93305 (661) 868 -4212 David Rivera, Esq. LAW OFFICE OF DAVID RIVERA (Appointed by the Kern County Bar Association) 1206 "L" Street Bakersfield, CA 93301 (661) 321 -0907 EIi .._. 05110/17 CC A GENDA PA CKET FAG 4 04 Terrence T. Egland, Esq. LAIN OFFICES OF BELDEN BLAINE (Appointed by the Kern County Bar Association) 5900 California Avenue, Ste. 101 Bakersfield, CA 93309 (861) 864 -7827 Lynne Johnson Carri #hers, Esq. AERA ENERGY, L.LC (Appointed by the Kern County Bar Association) 10000 Ming Avenue Bakersfield, CA 93311 (661) 665 -5078 Lydia Ortiz Client Representative (Appointed by Greenfield Family Resource Center) 2421 Paradise Point Place Bakersfield, CA 93313 (661) 282.3393 Wylean Slaughter Client Representative (Appointed by SE Neighborhood Partnership) 208 S. Owens Street Bakersfield, CA 93307 (661) 374 -8531 Jonathan Magana Client Representative (Appointed by Arvin Police Dept., Explorer Program) 1492 La Rosa Avenue Arvin, CA 93203 (661 ) 578 -0761 Jonathan Webster Client Representative (Appointed by Heaven First) 1 711 Synder Lane Bakersfield, CA 93304 (661) 809 -7607 :• 05110/17 CC A GENDA PA CKET FAG 4 05 0�•s &I A0174612 i D Fkft AMENDE AND RESTATED ARTICLES OF INCORPORATION Or, �fte*.V Of 84to 47 84ft BAKE R Of 090� GREATE R SHE LD LEGAL ASSISTANCE, INC. 1Z 1. They are the Chair of the Board and Secretary of Greater Bakersfield Legal Assistance, Inc, a California nonprofit public benefit corporation. 2. The Articles of Incorporation of this corporation are amended and restated in their entirety to read as follows: I. The name of this corporation is Greater Bakersfield Legal Assistance, Inc. H. A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person, It is organized under the Nonprofit Public Benefit Corporation Law for: ) public purposes ) charitable purposes X ) public and ehazitable purposes B. The primary purpose of this corporation is to (i) provide the facilities and resources for the practice of law by persons licensed to do so for the benefit of indigent and socially and economically disadvantaged persons in the County of Kom, State of California, and (ii) such other public purposes which are related to the foregoing as determined by this corporation's board of directors. The corporation may engage in any lawful act or activity for which the corporation may be organized wider such law, including but not limited to: (1) provide le, al aid services to indigent and socially and economically disadvantaged persons in Kern County; (22) provide counseling, research, and investigation necessary or incidental to the purposes set forth in these Articles of Incorporation; (3) facilitate the cultivation and diffusion of knowledge and understanding of the law, particularly civil and property rights, among indigent and socially and economically disadvantaged persons in Lein County; (4) receive contributions of all types from individuals, organizations, corporations, government agencies and others to support the services provided in these Articles of Incorporation; (5) defray the administrative expenses of providing legal services, to indigent and socially and economically disadvantaged persons who would otherwise be unable to obtain such aid; (6) cooperate and coordinate with other agencies, both public and private, in order to perform the services of the corporation; (7) acquire and dispose of, by deed, grant, contract condemnation proceedings, purchase, lease, mortgage, trust, agreement, power or otherwise, and to hold, possess, hypothecate, pledge or dedicate any and all property, real, personal and mixed, wheresoever situated, incidental to the purposes set forth in these Arficles of Incorporation; and (8) take such other action as may be approved by the Board of • Directors of the corporation as incidental to the purposes set forth in these Articles of Incorporation. 10 134-001NFP862402.D0CX 99 05110117 CC AGENDA PACKET PG 406 C. This Corporation elects to be governed by all of the provisions of the Nonprofit Corporation Law of 1980 not otherwise applicable to it under Part 5 of Division 21,'TjtLe 1, A. This corporation is organized and operated exclusively for public and charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public officc, C. Notwithstanding any other, provision of these Artic1m, the corporation shall not carry on any other activities not permitted to be carried on (1) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code; or (2) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, IV. The property of this corporation is irrevocably dedicated to public and charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for paymcq of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, fbandation or corporation, which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c) (3) of the internal Revenue Code." 3. The foregoing amendment and restatement of Articles of Incorporation has been duly approved by the board of directors. 4. The corporation has no members. We further declare under penalty of pe&ry under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge, Dated: 69 � 'A- 7&50--1 5 10134MMM62401DOU 2 �� Douglas Delqado ---T of the Board 51 05110117 CC AGENDA PACKET PG 407 .s... I S7atEiY tf �t!'ss }C�pirt� cs a hrd, i s l CcKFrEpslowotAol, d in ire eretary . Date; SEA' 10 2055 li 1I( - R ,,,ILLA SoaOthsy of SWO 52 05110117 CC A EN A PACKET FAG AMENDED AND RES"I'ATED BYLAWS OF GREATE ERSFIELD LEGAL ASSIS-I'ANCE, MC. a ("alffornia Nomprofit Publit Mutfit Corporation Tht bylaws of the Greater Bakersfield Ugal Assistance, Inc, are hereby amended and rest,ated, in their emmirety, as set fiorth etow: T'lit nam oft i co", cation is: Greater BakersficidUpt Assistan", Inc. 1. Offices of the Corporation A. Pring1pal Office "I'lic principal offlice fi,"m the trwisaction ofthe activities and affairs ofthe corrmttion I ("'principal offiet") is kwatimi at 615 (7alifornim, Avenue, a klastield, CA 93304. 11se board of direcUms rosy chanSe 11w principal office, 1ro one location to another, Any, chattgeof lomfilun of the principal office %hall be natal by the seervury on these hylaws opposilte this smdon, or this sectilan may be amended to state the new location. B. 01"her offices "I'lic board may, at any time establish bran,ch or sutxvdinatc offices, at any place or Places Where tile el")q10'ratiom is qualifiml U) conduct fts activities, IL Purpmes md [Afaftaflous A. General Purposes 'lli,isci)rportiti()nisark n,pr(ifitpu,,bli,c,be rtt fitcotivration anti is not orpnized fir the private pin of any pemmi. It is organized, unM, tt ortprofit Publi W Benefit Corporation Law fix chmitable purpises" This art rpoiration is orgy ti exclusively t,4r clunlithlie and od'acational ptqvse%, within the rnamiing of Smtioti,501(cX3) of the Intemal ReAtenue Crd ot" 19,96 or the convqvVK1i11,g jmvvision of an ftiturc lJoited States inter7lial revenlue law, Notwithwunding, any other pmvisiun of thew bylaws, this ompiration, shall wwl, evu-pt to an insubstantial d, egrm, a, igage, in any activitics, or eat rise any Nwen, that &rc myt in, fuill1crumv of the purrKt m of area coqKtraion and tile cat qvmtion shall niot cmmy on anjy other activities twl rst-milted to be carried un (a) by a coqxxotim CUM"pt ftorn fiedtral i.mvini't tax under Soc yn 501 (cX,3) of die Intenal Revenue C , k of 19,86 or the componding piuvision of any future Uniwd States, internal revenjue law, or (b) by a corpma tat n, contributionns It') which mv dedit e usider Section 171(Xc)(2) "ttv immul Revenue (,Wm of 1986, or the comsrx)nding pnivision of arty 1,"Wiurc United States intemal revenue law. 5 05110117 CC AGENDA PACKET PG 409 No substmritial part of the activities of this corporation shell consi " lobbyixig ur P([1j'),pagAnd,a, or othemise attanrAing to it leg `stag on, excqt as provided in SWicin 501 (h) of the haernal Rava. vue Code of 1986, wid this coqxration shall not participate in or intervene in (including publishing ar disbibuting statemcrits) any political cainpaip on behalfof or in op wait ion, to any candidate for public offi ce. B. Spmific Purposes A. No Statutory Members This corporation shall have no nianbers within the 'meaning of Section S056 of the Othfamia Nonprofit Corr%irations Law, B. Assoctatea Members Nothing in thisArticte III sha�ll tv, constmed as limiting the right, of 'the cAirjvYrWi(,wn, to refer to pem),,ns, associated, with it at "'mein bas' even though such persons are not man ben, m, id no such rekrctice sluill mnsfitute anyonc a tnember within the meaning of Section 505,6 of tic Calif6ruia Noi 11) rofit Coqvrafiun Law. K I (H 44,Q2,;F4^34A* INA' El 05110/17 CC A GEN PACKET PG 410 IV. Corporation's Staff and Servim, ProvIdW A. Staff 1. C . OMPO'Sition 'rhe staff (if the corjx:,vr ,ft cxi sball consist ofmi Executive Director, wtw shall he all attomey, one 4tr Move asuistant attotrcys, and non-attonicy wntployves- No ationvey memberof the staff shall cnigapin private practice of t1w, law. 2. ResponsIbIlity All stiff menabers, other than the Execulivc Director, shall be responsible to the Becutive lair ecur who shall rcp(,,Yrt to, and be respco tai ble to the Board of f recuns, T'he Executi,vir Director shall, subject to the superviwry poweis of the Ward, ble the geneeral manager, of the corporation and %h all supervise, direct, aiW cxxittol the corlvralion's guaivities, affairs, wul, CMPk)yxx-& 3. coulpens"Ation, T'he Board of Di rection, shall fix andi mijust fivin titer c to tfine ffit salwy scale of ffic wiW ran tern awwWwe with the budga and, cxwt of living index. 'nw Executive Director shall have final Wpuwal ovier till starting salary levels, salaryincreaws xW promotions ot"pwifiessional staff. vrte Executive Dircvtor %ital I have final app, vval over all statting salary, inaemes, and f, rant of none kssional staff. B. Services 1. Services Provided The corporation shall providic legal w—nices of in accordance, with the policies establishedby the Board, of Dirmtors. 2. Ellgiblitty of Applicant 'nic wulerlying prernise ot'leged, scrvi",s is that acvess 14) the la systern shouW, It provided for persons who; canrK)t affidn'l to employ colunsel, with a prefL-rence given to those who am, least able tart afford lega,l smices, All aMlicants thr services will be screerwd to datennine their ch,gibility tO recti'Ve services, based of) p ofi cies establishedby the B of Nrwors, 3. Volunteer Services (a) '11w a Executive Dpi -tot shah irvitiate a progrun fx)rr the utilization ot'voluntaty, services of stwh qualified aftomeys as may, he willing to providle such senices bused 91)11 (X Ntwt w IR 05110/17 CC A GEN PACKET PG 411 (m r*licivs, established, by the HcNird of Directors. 1, Gemeral ("Orporatt Powers Subjcvt to the provisions, and liimitaticmis of the Odifornia Notiprofit Public Benetit Corporation LA, wW arty other applicablic Laws, arki subjmzI to of incorivmlion or bylaws, die corp-mation's activities, and affairs shall be inwiagW, and all corprato jvwcm, shall be exemised, , or under the dirmak,)n ofthe *,)ard. 2. Specific Powers Wit.1,11out prejiudicc to the gerteral jxmvs set fbrth in these b ^laws, bta sub, ea to the same Ifinitations, the dirccu:ws shall l vc the rKmict ux (a) Appoint and reinx.)Nre, at the pleaswic oft ; lx i, all the ckpirlmr-a ton' s offi cw, s, agents. mul empk1tvs; pivswirl por s mW dufics. lJor than that are cxmisistent widi low, with the arti cle o �f imo raw atioti, and, with these byiaws,; md fix th,cir co,inpensation AW IvqUIm from thm mvitrity tear faithful per, arritance of their dirtics. (b) Change the principal offict or the principal business office in Calitomia ftorti trite kscatim, to amAher; cause the corporati err tc)'lie qtmfiftexi tr) txxidw its aefivities in my othcr stmc terriun, dqKxmicncy, or ectuniq and c,(xuJu<-,t its activifies within or of side Catifmia; and dicsi,patc any plam withirk or t c t., (xv, holdinginTy mecting of the bomd, (c) Adopt mid use a mrivratc seal; anti alter the forms of the 9ml and certificates, (d) Borrow money and irwur mickibitedness on bcW f'route corporation, mvJ cause to be ex,muted mid dchmed ftvt the corporation's purp,,,mcs, in the corporate :uUnt, promiswry mocs, Ninds, debetyures, dteds, of trust, vixvtgagm, pled,ps, hypolhiccutions, and cvdwr evidences of debm and s maxi ties,, Num1mv and Quaftfication of Directors 1. Authorized NonAwr "rhC OLIttUyrizod number of dimams shall be thirteerr (13) lumil changed, by a duty, a&pW, amendatent to the afticlesof inicorpotation (which mayse, tibcnut,,nborofti,irectt)rs)or by amcndmal to this bylaw adopted bythe vole of a rnaimily, of this board c)f rllrmior°s,® 2 1011 34-OY2, 3, Ff�joh:mob x, m m - , -- - -- 05110/17 CC AGENDA PACKET PG 412 2. Restriction on Interested Persons as Directors C. Election, Desipation, autd, Term:, of Oiffict TIte board shall be (xmiposed, of eight Anorney Mem—ben. and fivic Representative Mcnibers (aim defined below). 1. Attionity Members. 'I"hic "Attionicy Members"' shall be appoinux], and shal I Serve as foltows: (a) Atto= y Mt-inhers of the Ik',w'd of M rs must he licensed to practice in the Static of Oihfiolmia. (b) Attonicy Members, shall servic Ii r a tenn of thy (3) years, (c)i nic Attorney Members, shall In apt),inticA by di c Keni Coilflt� Bar Association, acting through its Board of Dir ectors. 2. Representative Memben. The "Representative Mcnibcri" shall. be appoint", I and shall serve as tbllows: chii (a) The ReInnescitati vie NIcTnbcr% 5hall bic persouts who are eligible (b), inch of the Ric.,presauative Mcinbm, shall senre for a term of three M 05110117 CC AGENDA PACKET PG 41 3 the dig" It of ffic eligible client population senped by the recipient, including race, gmler, ethnicity, alul other similar factor& " "1 It board will confi mi the appointmait of tile Bela ewitative Member by resolution. D. Vacanvits oin Board 1. Events Causing Vacaavy A vacancy or vu-,ancies- on the board shall exist oil the occunuft-c of the followin& (a) the, death or resignation of ony dircetor, (b) the declaruttion by resolution of t1w board ofs vacancy, in the (�AT'icc of a dirwun It hits ticcv, doelarmt of unsound mirid by, an order of court, con vi cW of a feliany, ('w found by, final onier or judgment of any court to have br utted a duty under A,rticle 3 of Chalmer 2 of the Califomia Nonprofit Public Benefit (7orporation, Law; (e) dic failwe of wy hoaM ineinber to attaid three (3) Board raectinp in any f6cal year up(,,wn the vote of two-thirds, of all Board nwmhers; ar a v of the board of'direetors, for malfwance in office Lvr for persistent neglect ofar inability-to dischp dutics, (,*r for oftnses involving inoral'ttwlyitude. . 2. Resignation's 3. RUIng "actes Vacancies on the B,(wd shall be tilled in the, MITIC manner ws the orilginal e1wilon (,W appointinicn't, 4. No Vacancy On Reduction of Number of Dig ectoirs, No red uctioti of the authicnized nuiriber of directors shall have the effimi of rcm,oving any direvor befixre that director's t ri of otTice expires. E. Directon' Fleeflugs 1. Place of Meetings Mectinlp of t1u, tvard %hall be hetid at any, place within or outside Cidifootia that has been desiguatcd by, rewtution of the and orr in the Mlive of the Meefirig or, if not So desipa W, at the Pnincipul officc of dic carlwation. 58 05110117 CC AGENDA PACKET PG 41 4 2. Meetings by Telephone Any inecting may be held by confer mcc telephone or simitar commurtication, equipment, ms long as all directors pamicipating in the mecting can hear mw another. All such dim etors ihall be demned to be pm.%cnt in pcwson at such a m4ming. 3. Annual Meeting The board AaH twirl' a regular inctfing for purjwsci of for clection of officcTs, and, transaction, of otlw business, Notice of this mecting is not reqti,ired, 4. Other Regular Meetings Regular i nj,cdni&i of the Board 4ull be held not less ftn cynce we quimer of thc calendar year at stwh fimc aid pl s slud), he fixed by the Board,, 5. Special Mettings (a) Authority'ro Call Sixxial mmfinp of Ow, board for any purrK�sc array be called, at ;� time by the chair of the board cyr any vict chair, or the scactwy or any two 2) directiors. (i), Manner of Giving Notice (H) Time Requirenwnts Notices sent by first-class mail giall tv, deposited imi the Umiuxt Sultes mail at leawl fouT (4) days before dw time wt hn the inwing. Notims, given ley personal dch very, telepiwine, U.-legmlilt or fiksino It shall lw dealt w, ml, tclepluxied, gleam en to t h ctelcVmp h com, pan y or 1."ax ed at lam fiarty- 1 ght (48) It 'be, f6rc the fime se for the ineeting, W M 05110/17 CC AGENDA PACKET PG 415 QH) Nuflev coutt"t"S Tbc notice , ,ate die rime oft mtwfing, ami the pAKV if tin lace i,s other than the principal offic e! of the corporation, lb e notice shall Mso sp the Purpose oft n T'neding and no other action may be, taken &I thal nwding. 6�. Quorum 7. Waiver of Noflee S. Adjou,rum, ent A majority of the d irec-tors prels'em, wheOv.*r An' ntA a quorum, i is prewnt, may adj( i any inecting to wx)dwr timic and place. 9. Notice of Adjourned MM, Jag Notice of"dw, time ukd p1we of INnoldi ng an, adjourned mwing, need not be givc,o wdess the loriginal mce tine ,lg is adjournixf fine nunv, thus twonty-four 1(24) hwun. If the, original Mecting is sojoumcd fiir inore than twe not y-fnoun (2 4) hours, ru,),film- of r any W,pournineml tio another tiru wW pl � all be gjvm before the time of the uljourml merut ing, to the n recturs wtx) wat nol t the time of flie ad,joumiennit. S3 1110 1 34-M4110*34ft CKK" Ml 05110/17 CC A GEN PACKET PG 416 F. Action WIthout AMeeting G. Compe usation and Reintbursemwrit Director will receive no compensation for their services, as directors or officers, but may rcwvc rcirnbursement ofexpenws, as the lvwJ. may detemiine based on policies established, by the Ward of Directors, H. Committm 1. Contutdrues of the Board "I"he war 1, by mu'Oution ad(,,Ie tcdi by a, tn,Ajority oft he dircctors, then in officc, provided aqtx),,nun is, prew'. �t,, may create one or more unrinvittws each emisistingof Mro (2) (it move directors and no persons who ve ru,wI directors to serve at the pleasure of theboard. qtr pointmentsto commith.es of the board shall be by maljoTity vote of the directors tben in offi ce. flic board, may rip, `)int one or more dircvu)m a,s aften-tate rnernbcaN of any stwh commince, 'who inay replace aqy abs—ent murtber at any triecting. Anysuch, u,'murtittee, to the cotmt 1wovided in the and r )IutiiM, shall hAve all the authority of the N)ard, except that no (vintnittec, tvgardliess tit board resolution, may: (s) Take any final ution on any miattcr that, under the Califernia Noriprofit I'llublic Benefit Corporation Law, require K action by the board; (b) Fill vacancies (m the board or on anY committee I hat has the authonrY (c), Fix ctmipeniation of the directors fkyr saving (m the Ivard, or on anY Committee; (d) Amen,(I ar retwAd bylaws or mktpt new, try Amcki or repeal an), resolution of the board that 'by its cxpresstemu is n,ot arts able ar relvatatile" Create any other cainmitwes (if the boa,rid; M 10 � 34,09/311"V* 406, LXX - 6t ---05110117 CC AGENDA PACKET PG 417 (tt) Experid r te funds to Support a nornince for dircctor after more pcople have: been, nominatW for director duin canbc clected; or (h) Appnwe any vmtract or tranuiction to which the coq vnition is as patly aivJ in which one or nuire refits directors has a material financial intcm,, 1, except as special appmval is ptovided for in ction 5233(d)(3) of th California CoMvations Code. 2. Audit Conunittee (a) If the corporation receives, or accmes gross re%venuc of less ftn two million dollars (S2,(X)0,000) in any fiscal year, ",clusive of grants from, and contracts for serviccs with, govenmental erttifies for which the governniental ctits" requires, an accottating of the funds received, dien die corIvration may forni an aWit committee as may be cstablished, ley the Board of Dirwors. (b), If ti oqioration mcdves or accrues gross, revenue of two millicni dollars (S2,000,000.00) orniorc in any tic cal year, txclusivrcof grants from and contracts fbirwnicc with, govmnwnud entities for which the govcnirnental cntit�y requires an acwtuiting of the funds rect ire ed, then an audit conxinitlice must be crested in accordance, %v'ith flr following. . (H) The audit committee will: (A) Confer with tht auditor to satisfy its asenibers that the financial affairs, of the corporation are in order; (B) Rev iew and determine- whether to, accept the audit; (C) Assure that any mmaudit semices performed, by the at hart finn confonn withthestandw, Us for auditor indqxndence; and 62 05110/17 CC A GEN PACKET PG 418 3. MmIlap and Actions of Committees A. Offlem aftht Corporation B. Eketion of Of fin ers -Ric 0 t1i cers of' OW col,valion hall be, clxmai guinually by the Ivard, and shall Serve at the pleasure of Ov, board, subject to the rights, if, aniy, of may offlicer u,,,fu,],,cr any cointrw of emploYllient. C., �Other Offivers "nw tvard may appoint and nuq, auffionze the chair of the Kmrd or other officer to appoirlt any A)thcr officem thal the "mporation may requirc, Each officer so a,pipointed slull have dit title, hOIj Office, for the periml, have thic awhonity,* mid Imfimm, the duties spmifled in the b aw or s detenuinedby the bowd. Yl I). Removid of Officers Widiout prejudiec to aniy righ,ts of an offica, under any contrad ofeanployment, any officer may be remmod with or %rillxxxt cause by the board anti a], ww, if the offlicer was not chow—ni by the hoard, by any of on wNim the Em-kard may con'rer that l er of'removal, R? � U 4*2,314^3406 EX)C W -05110117 CC AGENDA PACKET PG 419 E. Resignation of Meets Any officer inure resipi at any time by giving wTitten mtice to the em1wration. "'I 'he resignation shall take effect, as of the date the, notim is received or at any later time specified in the notice and, unless otimwise specified in the nolice, dit resi, ation need not be accepted to be effictlive. Any migmition Owl I he without prqjudicc to the rights, if any, of the corrvration under any contracl to which the officer is a pail�y. F. Vusucit's In Office ,A vacancy in any, office because of death, resiwmfion, renwval, disqualificatiom cyr any oth" cause shall be filial in the manna,- prescri bed in thm, bylaws Barre appointment Ato that office, provided, Noxcv,cr, that vacancies necd not be, filled on an, annual buis. G. Lies ponsibilj ties of Officers 1. Chairman The chainnan sluill preside at nuxtings of the board a shall exercise tuid 1mrforni, such ather powers, axid duties m the Ixard maY assip knn finie to time. 2. V, ice Chair If the chair is absent or dim bled, thc vice chairs, if any, in order of their rank as fixed by tht, board, cyr, if wt ranked, a vice chair desigmted by the "x rd, shall ped-orm all duties, of the ctiair. When so acting, a vice chair sball ha r all powerm of"und be subject to all mstriclions, on the chair. Thevice chairs, shall have such othcr powm and perform such other duties as the Ix-ard or the bylaws nuty prescribe. 3. Secretary (a) B�o�ok of Minutes (b), Notices, Stail, and Other Duties "Me se retrrq shall give, or caim to be given, notice ()fall nx-dings of the bow4 and of cormniums of'dic Kwd required by these bylaws to be given. 1"he sectttary, $,hall 12 tram EX X, C 05110117 CC AGENDA PACKET PG 420 keep 11v wrWiralte stal in safe custxxly and shall have such of 1,x)wers and I%-,rfbnn, such other dulies as theboanJ m, the bylaws may prcunhe. 4. Chief Finiantial Offictr/Yressurer (a) B(wks of Actoont 11it chilef officer shatl keep, amid maintadin, or a mse to be kqg, w,W tuairttaiiiiwAl, a*juntc and cx=vt books axi accounts, (,,,�f the wrporaticni's I prolwrties and tmmuw1ions. 1'he chieffinancial officerspall sii tw cause to be given to thedirectors such nanoial starments and tvlx,),tU n = requirial to be given by Law, by the laws, or by the bcvvd. 'The 1xx)ks of account shall be open to in ectilon, by any dir", :1or at all reawmahlic tirnts,, (b) Depo*)t and Disbursement of Mian,"yand V41usblts (c) Rond If requir the Nmixt, tfic chief financial offl ica, - all give thic ctnporation a ix)nd in dw atnotwit and with tht, surcly (,xr sureties speci fivA by the board for faithful perfonnance, of the duties, of thic, officic and for ricstoratkyn, to thi c ctwpomfion afall Of its ba)ks, papers, vowhers, moncy, wiid other profwrty of every kind in (he passession (,,)r under the conwil of' the, chief firlancial offi"x on his or lui death, m-signiaton, refirernent, or rcnwNral frorn, offioc. V11. laderunitkation A. Righl of IndtR)WIlty M 1qua 34-0Q,2(3Fq)O 1406, IX)g," M 05110117 CC AGENDA PACKET PG 421 B. Approval of Indenimity C. Adviaucernent of Fxpensts N"111. Insurance The convration shall have thic fight to pum e and maintain insufanec to the IWI extent perinitted by law on behalf of j15 officcrs,, din-vtors, enilplayms, arxi other aigmts, apjj�jjst an, y liability assefivid iagainst ot ncumd by any offill dirmaor, employcv, or agient in sucli capplacity, or arising out of the affiiom,%, director's, CITIP10YUC'S, or agemil's, Status as Such, IX. Records and Reports A. Maintenance elf Corparate Retards The cxwporafion sJudl kocT,: 1. Adequate and currim b(,"wks and records OfaOCOLUIt; and 2. Written i,'ninulcs of the pioceediijgs cit'its tx,)ard, and comirnittees of the b(")wd; 3. A record of II board memiyem's name atul address, E m 05110117 CC AGENDA PACKET PG 422 Alaintenance aud Inspertion of Arficles, and Bylaws, C. Inspection by Directors Evcay dircaor AMR havc the absolute, right at an, reawnable time, to inspect the Y coqvratiors's books, n=rads, dcpeurrvictits, of every kiwi, phymval propertics, and the n- cords ofeach of its subsitharies. Ili c inn p-burnt may be iTtadc in pason or by the director's agm., it or aftonicy. 'ne u ofinspedion ine'ludesthe right to cupy and inake extracu of`dcK;,u,fficnts,, D. Annual Statement of Certain Trausactious aud hidenutificallous "11c convisitilon shat I annual ly prepue untl m i I or M i% to cach member us t'" the b(wd and furnish tc) each directur a, stalcment of imy,mmuction or irte emminicab ion of the fbillowing kind within on hundred twicaty (1 20) days after thus end of the coq),oration's u year: (a) Any dim, tcvr oroffictTcsf thecorrwiration, its parent, orsubsidialy (but mete common directorship shall su)t be considered such an unit icrest); ar 2. Indentalfkation TrAnsaction. Any inderruiffications or advances aggmpting miore t1un len thousand dollars ($,I 0,(XX)) piaid during the ftwut )var to any officer our director or the cei 'urafixin under these bylaws. am I Q $ 144,1023FIX*34(Mi t' M 05110/17 CC AGENDA PACKET PG 42 3 E. Annual Finantial Stag mtfft 1. An annual fbram'ial stateinem, t must be created if the coWration raxives, or accrues grass revenue of two million dollars ($2,000,,0001.00) or more, in any fiscal yetv, exclusive of grants front, wyJ contmas for sev e with, govermnental tit s, for which the Wvwunellital entity requires an accounting of the funds rectived. X. C nfliet of Interest Policy A. Adoption of Policy. "Me Bow-d of Directcws shall adopt a conflici, of intemwt p:)1 icy. B. Annual Statento-ts. E h dimvzt(w, principal officer wid menilm of a committee with govcming board deli gated rx)wers shall anauafly, sign a statement which affimis such a pers-con: 1. Has rectived a cA)py of thc conflict of interest fx)licy; 2. Has read and understands the policy; 3. H,&s ageed, to coinply with the policy; alul 4. Understwids the corixwastiOn is charitable and in ordeT tro maintain its federal twx excmption it iniust emp, ge primarily in activities which acwinplish one (�yr in ore tax- exempt puqx mcs. C. Competisation. V W, 05110117 CC AGENDA PACKET PG 424 1. A voting member of the goveming board who remves c anxtion, directly (it ituhrectly, ftomi the corporation fbr �wmices is precluded from voting on Mattem pertaining to that member's compensation. 2. A votirig metriber of any cornmittee whose jurisdicti(xi includes, cAmipensation rnatters axwJ who receives compensation, directly or indirtmly, from the corporatio,11 for samices is precluded, from vaing on matters liwaining to that inn ember's conqVIlsation. 3. No voting incinber of the Soverning boud or any connatant etwhose jurisdiction includes ctmupensation niatii mid w1k) receives compensation, dittvtly or indirectly, ftom the corporation, cither indi,vidually, or col I mtively, is prohibited, from providing infixniation to a,ny committee regarding conipensation. X1. Miscellaneous A. Property and Investritents. I. Contributions. "11w 1xiard ntay accept on belialf of the corix)ration any contribution, gift, t and, do+ww for any purpose of the corp ')ration. 2. Disposition. Ah limperty received by the corjxxation shall be held bythc corlxvinion or disposed of by it on such tcmns and conditions as may be in the best in'ttiests of dw corporation, as determined by the Board of Directors, and not incoitsistent with tine Articllcs,, 3. Investment. Unle sp-,-ificiilyp�rohibitedbyt icte ruin srat" the contribution, gift, bequest or devi , bylaws, by law, or the provisions of these Bylaws, the funds of the corporation inay be invested ffinn titne to time in such rnaimtr m the Board of Directors may deem advarnageous, whether or nx)I, the investmenis are of the character that would b required by law for siniilar fimds if held by trustecs. Sleat. "I"he corrKxation may adopt and utilize upon its official documents an embossing wa,l, circu,lar in form, conlatning the naine of the corporation, arxi the date and stat of its iiwxwporation 110 10 VM4XM,3F�$%3**,IXX' M 05110117 CC AGENDA PACKET PG 425 C'. Caustrucflon and Dtflufflaus. X11, Amendments A. Nutendment by Board 'Ibc b rn d(ypt, sancrid, or riqvid bylsivs except as provided, in Otis Article by a v,(Ae of twco-thirds of all diromrs, 11w tx),ard m t extaid the t of a dim-tor beyond that for which the dircoor was ckvied, B. High Vote Requirement "ter ° provision of these, byiaws mqw.res the vote of a larger projxxtitm oft e boaW than i,s othemise reqUirOd hy law, twat proviwion may not ble aftered, aracruted, (w repieWed except by that greuter''vote. C. Otker Resirktions I I Unanimous Approval. Withota uxianinuMs approval of the dircclors, the lx,)ard may not ikiupt,, anxiA or repeal any bylaws that would., (a) Increase or cuciid the terms of directors, (h) Allow any director to hold offict by deli giution oir sclection radwr t by clxwtion, of the N,,)artl, or (c) hi crease the quiorum for dirwror ineethigs. M NX 05110117 CC AGENDA PACKET PG 426 CERTIFICATE OF SECRETARV 1, the undersiped, do hereby cenity: I . nat I am the duly elms ed a, nd acting Secretitry of Greater Bad id Lop] Assismice, Inc. 1). T the b5,1,aws to which this certificatc is attselml, emprising cighte4mi (18) paps" coubtitutes the miginal ly,�iaws of said, cvqwvration as duly adapted at the meting ofthe Ineoqviratoo and approved by the Raard of Directors of said corporation. IN WITNESS WHERE , 0 ve subsefibed, my nanic and affixed the seal of said corporation ieffeclive as of.. ...... ... 2015 t r 27, 1 Greater llakersllsl!d' Legal Asslst4mcs. Inc. C/o OW. 'd erd C, Rivers. OwInon Pro Tom 801 Raker Street lsksra ffsld'ra CA 93305 Exemption from franchise,tax It is the opinion of this office, based upon the evidence presented, that you are exempt from State franchise tax under the provisions of Section 23701d of the Revenue and Taxation Code, as it is shorn that you are organized and ulcerated exclusively as & charitable orpmlsstjon, Accordingly, you will not be required to file franchise tax returns unless you change the character of your organization, the purposes for which you were organized,, or your method of operation. Any such changes should be reported immediately to this office in order that their effect upon your exempt status may be determined. If in any year your gross income exceeds $25,000, you are required to file an information return on Form 199 on or before the 15th day of the 5th month folloain,g, the close of your fiscal year.. These forms will be mailed to you if you provide us with your current postal address. If you have inconw from an unrelated trade or business that is taxable under the provisions of Section 23731 of the Revenue and Taxaation. Code, you must file a return on Form 109 on or before the 15th day of the 3rd month following the close of your fiscal year. Copies of this form may be obtained from this office or any of its branches., Contributions made to you are deductible by the donors in arriving at their taxable net income in the-manner and to the extent provided by Sections 17214, 1721.5, 17216, and 24357 of the i venue and axation Code. If the organization is not yet incorporated or has not yet qualified to do business in California, this approval will expire unless incorporation, or qualification is completed within 3ih days. Very truly yours, James C. Sterwart. 'fax Counsel. t Ir rhablo Trusts FTB 4212 (4-68) im 05110117 CC A EN A PACKET FAG 428 b Accounting r r • . February Gentlemen: Based on information supplied, and assuming your operations will be as stated in your application for recognition cf exemption, we have determined you are exempt from Federal income tax under section. 01(c)(3) of the internal. Revenue Code.. We have farther datermmmined you are not a private foundation within the meaning of sectior, 5010(a) of the Code, because you are an organization described in section )NO You are not liable for social security (FICA) taxes unless you rile a waiver of exemption certificate as provided in the Federal Insurance Contributions Act.. You are net liable for time taxes imposed under the Federal Unemployment Tax Act ( A) . ;Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically oxe pt from other Federal excise takes. if you have any questions about excise, employment, or other Federal taxes, please let us know. Donors a may deduct contributions a you provided w •.. Code. fir. devises, transfers, or gifts to you or N your deductible ti r Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of . • If your purposes, character, or method of operation is changed, please i consider, change your exempt status. Also, you should inform us of all changes in your name or address:. (Over) Farm L-178 ( 8--73) 05110117 CC A EN A PACKET FAG 429 It your M. pts each year are normally Yi ;N you are required to file Form 990, Return of Organization Exempt From Income 'Tax, by the 15th day of the fifth month after the: end of your annual accounting period. The law imposes a penalty of $10 day. up to a maximum hsN A $5,000, for failure to file a return on You e not required to file Federal income tax returns you are subject to the tax on unrelated business income under section of V • e you M to this tax, you Vust file an income tax return on Form 990-T. In this letter we are not determining whether any of your present or proposed activities are unrelated trade or business defined in section M the Code. You •V an employer number even if you have havel no employees. �If an employer identification number was not entered on your application. a number will be assigned to you and you will be advised that I on all returns you W in all correspondence with the Internal Revenue Please keep this determination letter in your Permanent records. Sincerely yo'ur's, District Director WN Fos L-i (Rev. 8-731 4 0511 0117 CC AGENDA PACKET FAG 430 REVENU&SOURCES Efflagazzaamm Srps 73,247 pertentage 1010% EXPENSES: 3 %424 AftDM,y 33,6010 33,6010 1,149,5381 25,328 Insurance 5,07,167, Otte; Staff 815,,068 Benerb 332,630 Taxes —140,3311 252,563 Personnel! Expenses "AAAAmIm, E s 3,2561266 j 11,11-1111,11",- . .. ........... .... ....... JOTAL EXPENSES 4 CC AGENDA PACKET PG 4 31 181,736 40,683 Srps 73,247 T Ione 46,063 Travel 3 %424 Tr In 33,6010 33,6010 Ubrary 25,328 Insurance 23,877 Aum Lifi gabon 22,750 ,01S • Oiganizafion —140,3311 2)s - eftnt 52,801 "AAAAmIm, E s 7,937 10ther Ex;mso" 2�2,376 In-Direct 418 788,,9,69 11,11-1111,11",- . .. ........... .... ....... JOTAL EXPENSES 4 CC AGENDA PACKET PG 4 31 G,,vmol T"'AW REVENUEISOURCES 175,217 lamlouagam pof contava 10011/0 EXPENSES- TNephons Attorney Timm) 1,131,270 Tr 40,687 L'112�22L, - 1 nsurance --- 586,1331 othef swn 23,,332 743,5 8 X 171 lc�s - organa"aftn 157,706 BrInF411% 48,347 348,370 Taxes 0,4�es!F I , w 254,861 Other Expenses 32,574 Non-Parsomel Up tLeacmiml Expensm 3,,064,172 r �p,/ 1=111115 gg T07AL EXPENSES .0, 1 in 05110117 CC AGENDA PACKET PG 432 175,217 49,630 76,008 TNephons 26,258 Timm) 32,040, Tr 40,687 25,443 1 nsurance 29,362 At 23,,332 .. alion X 171 lc�s - organa"aftn 157,706 I c(s - cmnt 48,347 Exps 4,750 0,4�es!F I , w 12,514 Other Expenses 32,574 Non-Parsomel Up 770,0' 37 r �p,/ 1=111115 gg T07AL EXPENSES .0, 1 in 05110117 CC AGENDA PACKET PG 432 REVENUE)SOURCES EXPENSES: 24363 1. 149,156 29,418 656,899 Oltar Staff 7'30, 307 frfs Taxes 324,667 25 5,112 Lftmamel Expons" 3,125,141 1710961 Rer"Ot Telephone TravO Lra 2m 42,852 23,659 32241 32,466 24363 Insuranm 29,418 Ruda 30,513 �Nnn!L-- -- 31,,575 sl—S22�� 146,769 CIS - Cuent 65,407 yo, ioftr Exps T803 Duo0ons 289110 oftExpemes 16,194 Non-personflal ExPe 2511�6�34 TOTAL EXPENSES NET ASSET INCR (DECR) 77 05X1 QX1 7 CC AGENDA PACKET PG 433 GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. FINANCIAL STATEMENTS WITH INDEPENDENT AUDITOR'S REPORT FOR THE YEARS ENDED DECEMBER 31, M4 AND 2013 O - - -05110117 CC A EN A PACKET FAG 434 DEC9MWR 31, 2014 AND i Fina Jrml Wit'.. ft 0 4 UF "PeMIUMS IOT tleCOMI RWarOS KOWIMO D'UM B COOAW A. 133'.. 15 ScWWe of Expendliturm, of Fedieral Awards ... . ......................... ..... ..... ...... ............. ....,........ 18 �Sd'Odiule of Flings and Qiu*sfioned ........... _........ �............� ....... ............... 1 TO thO Boajrd of Drectofs Greater S W Assistance, Inc. BsksrsfWd, CaNfornia Report on the Financial -fints Management's ResponsfUlky for the Financial at yen ts We, beWve thatithe audlilt evideftm we have obtained is, sufterl and appmosts to provide a basWfor our audit opinions, M. 05110117 CC AGENDA PACKET PG 4 36 +yew: ? 1104016,11,111, < *y « « <» «< »w« » *?«e,, § BE —.03170177 JJ /SEND/ PACKET /S 437 STATEMENTS OF FINAN « AL POSMON DECEMBER, 311, 2014 AND 2013 Current Assets, Cash and Cash EqW ale nts Cheat Trust Funds Grants Rece0vabte repaid yroperty and Equipirftnt Furn6", Fbdures. and Equipment, Leasehold Improvenw,intsi L,aw Ubra,rY . I pi E $ 197,547 Si 352�,W 4,891 3i,7,63 642,694 547,5091 5Z,458. 44,567 897,590 948&7,51 III 757n 1,141,083 367,9Ni 367,9861 19,891 ligii,891 231,909, Z3, 9109 41,425 $ 40,333 13 ,0107 12,8,594 143,641 '123,946 62,608 46,503 4111,111891'— 3,763 «#, »2 i -------- 2213 Z.;= The, a=mpanyling rxAes are an, i,,nWgrW part of tthm fina,,ncial statemants, 3 82 05110117 CC AGENDA PACKET PG 438 GREATER BAKE SPIED LEGAL ASSISTANCE, INC. STATEMENTS Of ACTIMITIES, FOR THE YEARS ENDED DECEMBER 31, 20,14 AND 2013 2014 20,13 Nfet Assets Rei"sod from Restriebons Re"wd frorn, Tenvarartly ResUicled $ 3,803,614 $ 3,815,3Cash Maft"on-IlAstch and In-Kind Income 340,325, 331,441 Net InveMing Ad"� Income 33,941 41, 3 Oth,eir Income 3151 51,798 Donations 2X692 L,,4,63 T Not Assets Releasedfrorn Restrictions 4.180,887 _442,42,,763 Compensation Salaries and Wages 2 �4�,012.1 05 2,288,985 Emplqyee Benefft, 587,0311 - 560,587 Total Compensation 2,959,135 Other Expenses Building Lease 180,257 176,909 Caslh MaWh/Non-Match and In-Kind Expenses 340,325 3,31,441 Contract Setvices 275.717 302,129 Depreciation 2,554 2,555 Dues, and Fees, 20,357 21,854 Insurance 29700 25,910 Library 27,153 26,2179, Litigation 17,5,00 21,191 Maintervance and Repairs, 4446310 45,444 Miscellaneous 15,901 14,158 Oiffice Expenses 110,952 103,677 Proftssional Fees 24,699 23,083 Te*phone 32,515 61,878 Training 73,5'16 47,156 Travel Expense 25,863 35028 Volunteer Expenses IV861 3912 Z� Total Othor Expenses 11,223,500 1 ,242 �604 Increase (Decfesse) in Unrestricted Net Assets (31,749)' 150,587 TemporaMy Resbtted Net Assets Fedoral, StM@, and Oft, r Financial Assistance 3,773.941 3,604,180 N&I Investing Activity Loiss (7'54) (6017), Other Income 315 32,022 Donabons 2!,692 Z463 Not Assets Released fTom TemWary Restrictions, (2,805,867L (3�849,2661 Decrease in TemporairHy Restrictod Net Asses 2LI �,2018 Not Assets, SeginrOng of Yeer 1,775',424 1,877,909 05110117 CC AGENDA PACKET PG 439 Flo-l-IlEw, I Will IIIAZ I 'Igo 0 It I I ..j,Z2jEj= FIT lllr!lF11v IMM 2014 20,13 S (61,422) S (102,486) 2,51,54 2,556 (95,185) 16,984 (1,128) 6,452 24,2010 (66,41 I)i 1,128 (5.4,52) 17,105 Lze. I il (155,299) (274,600) Thwe were no imn-cnh irTvntN or finwcing act4fts or inWW paid for the yeafs ended Domimtw 31, 2014 and 2013. 7 � 7177 fac"ZIFER3 n v � q Ti vel L-AChange in 0,1 26601 ME Total Invegnwits cost 171,286 135,766 Charge in Fair Vi 3,522 r inpof ut ft, g , y rmenunmwnt a has m Lewl 31, 2014 and 2013, 9 88 05110117 CC AGENDA PACKET PG 444 T'he reowded wnourft of vacation bme earned but not taken w" $143,641 and'! $123,946 at Decembef 31, 2014 and 2013;, respective4y, [E M --05110117 CC AGENDA PACKET PG 445 Faii Value MmurwTwts at "L31,2014 Nwill 61 , U� r �im In Active Signftant Markets for Other Significant Identical Observable Unobsefvable Assets Inputs tnputs Total JLt±L1L_ f 22 jLgyef.3 cash $ 11,10% $ 11,096 $ Equibes 188,868 188.868 Fixed InIcorne InivesUnents 975 7'69 975769 Total Investmnits 1 „1 7 1,175,733 $ $ Fair Value Measureffords at December 31 2013 —O,—uoted Priem in Acbye Significant Markets for Other SqNficant 1d 1' Obismable Unobservable Assets Inputs Ini”, Total t (Level 2) el,3' cash $ 17,266 $ 17,2,86 $ Equib" 174,729 174,7'29 Fixed Incorre Investirwis 949 ,.4068 949,068 Total, Irwesbrients 11141063 1,141,083 $ $ T'he reowded wnourft of vacation bme earned but not taken w" $143,641 and'! $123,946 at Decembef 31, 2014 and 2013;, respective4y, [E M --05110117 CC AGENDA PACKET PG 445 �Wl 141,40 ' �Ipl� 11 Lease Amuints, 2 — 05110117 CC A EN A PACKET FAG 446 �w 7 , r. not d wr Grants not eamed during thle prior year in the amoul of $45,503, of w w- o of a r u, 4 d •, a M , wMM,� Subo"Uef# to Doewnbw 2014 thMugh e Wependent Audftfs RePot Mwwowrwt has sulb"qtw4 eveft and d, disclosure. 12 1 05110117 CC AGENDA PACKET PG 447 OT14ER REPORTS 9? 05110117 CC A EN A PACKET FAG 0 I aill. i I W; L 'To the Board of Directons 13 93 05110117 CC AGENDA PACKET PG 449 u . � Legal As"tance, Inc"s in�ad coftol or on complame. This report i's an imftral part of an suidd pedomied in accwdOnce ft W subbW for, any Other M M M 05110117 CC A EN A PACKET FAG 450 V pp J'a 4 J-11m, "Ile" if�l A= III 1� i RM :104:w W Ai 1411, All zf;* Management's Responsit4fity 16 95 05110117 CC AGENDA PACKET PG 451 ON M 05110117 CC AGENDA PACKET PG 45 3 mcgo * �3 414 IMMONG" =I; ky4offZITIMM U,, S. DEPARTMENT OF JUSTICE Dlirect Award Legal foif vkbms of doewsoc violence OTHER FEDERAL AWARDS Direa Aww4l - Lepi Swyioes Corporabon 14-23 6 107,237 14,418 -134,369 ___ 44.146M 9187LOS4 $ 1,742,172' is 98 05110117 CC AGENDA PACKET PG 454 Federal Fedwal Grair4orMass-Throluo Catalog Fedefal, GrsatwIPL*gr�am Tdie Niumtwr U.S. DEPARTMENT O,F HEALTH AND HUMAN SERVICES Passed through from Kern County Aging wi Sow icws Sup w somms 93.044 $ 57,312 Ombudsman progiam 9&042 701,806 Grandpwor" guardikanshos 93-062 35 578 Subkftl - U - S Departmeat of Haoilh and Hurran Services 16316,95, IMMONG" =I; ky4offZITIMM U,, S. DEPARTMENT OF JUSTICE Dlirect Award Legal foif vkbms of doewsoc violence OTHER FEDERAL AWARDS Direa Aww4l - Lepi Swyioes Corporabon 14-23 6 107,237 14,418 -134,369 ___ 44.146M 9187LOS4 $ 1,742,172' is 98 05110117 CC AGENDA PACKET PG 454 GREATER r SCHEOULE O w AND '!r'. w,ryy D, COSTS DECOMM 31, 2014 19 99 05110117 CC A EN A PACKET FAG 455 FlnancW S' PIP -= Type of: auddoes report issued Unmociffied tntwnel control over 1nan l reporting MaWWI weakness(es) IdenNed? Yes NO, ry Sig I AIM S/i { PM e not d a, matetial 1 n ? _._ Y No m Noncomphance miaterWI to finwaal stajeffmits noted? Yes, Federal Awards., MSftrW ni ) i en I Signftant deWencies, identified riot considered to be a maAmdal 1 kn1 ? � Yes .. N Typo of audWs report *wed on con*iance maim progrokirrm,, Unmodified Any audk findings disclosed that Em r rr (ePDftd in acwrdianoe with OMS Chtular - 133. SecWn 1 nnexrms Yes No 9, 80,601 Legal SeMoes Corpormw WW OvOShOld used to OsOnguishl Type A and Type 8 r 000 Auditee 9 low -risk auk ,? 19 99 05110117 CC A EN A PACKET FAG 455 SUPPLEMENTARY INFORMATION 100 .05110117 CC A EN A PACKET FAG 456 littoll, ill JtLqfj MV p Lo"I P*#W* servk*o A#Omoy 20'14 _3 M= Fo*w* " fto FNWVAM AwwAuxo $ W3,10,32 S 134,733 s 997,7% s 01,1977 coh molovsW-math OW llm"4 lkvmm 1 MAW 1133,853 133 SW 122 7% Not IMMOV ACbvOy kX=m (754,) 1,213 (754) (W) Dow ww:" 987 Or 1,9110 Dmowns 146 271 417 805 TOW Rovenue le"W5 ___M,,857 1,131 �181 1 1,6, OW 5,818 5,627 15,60 1,3M le,*6 Utfts arw im,"s 429,3217 SeMO 516,967 464,736 Em*iy" 9oneft 125,720 115 519 143 230 ___jy,,jW Mu=ll —ME-7 —151LIM WSW 5.377 76,371 all"m 1,33,853 1 MAW 122,7W 12�,W2 132,731 106,782 1,213 - 1,213 13 ,21 987 Or Ie2je 8,502 913 9, 4 IS 91,467 14,787 ,1 '1 le"W5 I 7� 154 4,961 637 5,818 5,627 15,60 1,3M le,*6 17,106 7,iSe 1015 7',261 a,,w2 34,044 2,616 35"6w 29,0M, el"ifto W2 9"M 110,718 101,1075 7015 10,7W 16,351 7,1661 3,642 11,523 6,135 4,910 25 4,936 O"We 336_ 30§�Wl 1,55,006 474 442M, L (2,430) (2 4301) (14,445), I Z3 816 e (UrvoWicM Not Asseim) s 239M 3 $ 213,91M $ 215,122, N*tA"tb 83 = 84,249 20 101 05110117 CC AGENDA PACKET PG 457 To No Asoft Rokumd'Oram RooVKftt* C;Wnp"ukm mod vv"" Ewo%" Bsmft TcOal Cw"nsobw M1171:216 2,77,111, 77A =1777 Mf'J;Aji; MR444A S 270,421 S 561,315 $ MAN 46,U4 0'.106 51,4311 72,437 2% 2,06 1315 961. 297 COD 1 04 SO 179,424 180172 3,5 9,596 3751,307' 5 .__4 1�734 94 730 fll 04017 2�32 420 221 9M 26 ,3 . 4 79�3.24 .... 14,338 14,863 29,1911 30,047 46,324 6,106 51,430 72,437 5771 29,011 34,782 116,256 375 535 1010 936 2,375 2,13M 4V4, 4,380 6713 1617 1 "M Z062 963 575 1x6'' 1,200 3,567 3,.%7 71 '34 7,493 - 165 1166 5x446 6,156 11 "W2 16,6 2,150, 7,429 4,6e$ 4,057 10, 794 2,804 4,50 11 775 6"We T343 1,Iqos 13 J141 3 4 2,307 83664 --_79.725 7U',77' .L...JU3 J..A4A UM 21 102 CC AGENDA PACKET PG 458 GREATER BAKERMELD LEGAL ASSOTANCE, INC. I �1 IORS III, I Mi 22 103 -- --05110117 CC AGENDA PACKET PG 459 Senkws VOk~ O_~ Ombudw, ton B!M&,w_M Not Am% R"S$ed from Refttbon$ Foderal and StMe FhamiW Axs*Uvwe $ 106, 128 S 7'4,915 $ 512,791 Cash Mab;WNcn-M4fth ard f! 81,132 19578 Ofm Inoame 15 Donations 200 TOW INO ASWS R04umd korn ReOrOO-A 1 7 859 94706 52d.791 Compwuabon SslwWs and Wages 69MI 41,482 36,993 Employee BerOm 24,g5 ____16 574 17299 IdM Compermoon 103�W 56MA 32W.1 'Othw Expenses Btdding Lane 5,377 5,506 Cash MOW'Non-Ma" wd 11444 d Expens" 81,132 19,578 CO*SCt services 2,,MO 2693 Dun and Fe" ale 825 km"nce Sol 1,1188 L,&a;y 672 Ubgabon 171 - Ma~enco a 1,338 1,763� M*M*wWMIS 175 175, 0" Expwo" 2,779 2,931 Profesoonal Fen 527 702 T@Woxm 673 897 Training 90 - Travel Expense 671 1,120 420 Vat~ ExMisos ToW, Otho Expenum 97 &32 38,925 4,20 Inenme (Decteast) In Unrestrktad Not A"eft ,L2"274 22 103 -- --05110117 CC AGENDA PACKET PG 459 GREATER M F 2' 1 05110/17 CC A GENDA PACKET FAG 460 2014 x 1 37,129 S 2MOO $ 2501,2 4 - 15A24 1 16, 1 102,,WD Opw �h-mme 1 DwMions 310 LIOS _ � Total NO Am% RWesmd from Roo, x*xis 52 863 ComWimton 170,176 1,64, 532 Ei 67,10 5§ 131 TOW Compmabon 31,922, „22 RPM 1,166 12,OW 12, 11,202 Coh w ki-Ksnid E,, 15,424 11 ,134 102,517 673 5,386 2',613 Dues wW Fm 1,641 kliumve 273 2,352 1,819 Lbwy - 672 1,046 L n - 171 446 3,W 3, We M*416nems 350 5m Mice Eqporim 2: 6,152 123 fro 176 1,406 17 TeWphone 224 1, 4y657 1 2,211 1,747” 1526 2 T 15 155.... 531 146 A 2' 1 05110/17 CC A GENDA PACKET FAG 460 0 4 105 CC AGENDA PACKET PG 461 11'11.1 Equol 15qAW, LS 'S Tram Aotoss A 1 vm Rowrwis 1 F , my 5 IS2 ! I2 5 267, SW 5 55 ow 409,90% 529.305 1imm" 711 711 'T' loom, Reowbms 7 M $5 011, 7 , 104,272 177.3417 35,465 317,091 S, ,1474 1511111 1 X5517 ,114 4 1,304 Orw ouo*v Lem" 5 961 14,155 23,099 25,555 e, 11 5 10,556 13, 4 "571 26 517' 14,641 Duos and 14,1151 636 14,M, 15,5121 1, 1, ": 2.555 269 4.155 4,575 L 5'75 1, ,Us 2,519 , , 1w " 111 5,916 5 „556 O "7 11 ” 5 „5114 1111 5,51 5 744 MwColairwas 1115 39 Z026 2,318 7,405 11, WA "714 17,62% 1+4,'16 P o 5 1,472 1 Wo 511 3.552, 3,975 5 1,532 1,795 5,327 5,555 TvakwV 5,502, 4046 14'5, V97 10144 1”, " 5 1,477 5 124 4 1 1 lit TOW Oow Enwo" 58,1MI, 62 42,5 " 5 � 5 12,''7, faclefte PKMS"l 1 J.--MIAMI, 41'1 w74 1Ii 4 105 CC AGENDA PACKET PG 461 GREATER SMERSFIELD LEGAL ASSISTANCE, INC. FWAN+CIAL STATEMENTS WITH INDEPENDENT AUDITOR'$ REPORT FOR THE 'YEARS ENDED DECEMBER 31, 2014 AND 2013 Documentation of Reserves w . 1. - - - 05110/17 CC A GENDA PACKET FAG 462 STATEMENTS OF FINANCIAL POSMON' DECEMBER 31,,2014 AND 20»3 CurrentAssft Cash and Clash Equivalents ClUent Trust Funds ?n «> Receivable repaid Pmpefty and Equipment Furniture, F*tumsi, and Equipowmi :v<:«>4 «4* w »w<: Law Library 4 0: bHU Current Liabilifies Accounts Payable So4q and W"" Payable Compensated Absences Payablz Deferred; Revenue Client Trust Funds Paysible 2014 2013 $ 197,547 $ 352,M, 4,891 3763 642,694 547,509 52,458 441557 4,891 8,97,5901 948175 342,139 367,,986 36T986 19.8191 191,8911 23,909 234909 411,786 411,786 �386z53,5) (36398jj 25,251 27,805 $ 2,0",574 $ MIT 3 mmmm- mmmmmmmxmmmw I" $ 41,425 $ 450,333 132,00;7 128,594 143,641 123,946 62,608 45,503 4,891 —34763; 384,5:72 342,139 The acompanying Wes are an, integral; # of these finanowal statements 3 1017 05110117 CC AGENDA PACKET PG 463 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Agreements p. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/21/2017 iTiff-11 1.1 SUBJECT: Construction of sewer line improvements in Ashe Road south of Taft Hwy/SR119: 1. Planned Sewer Area Reimbursement Agreement with MG3 Partners, LLC (not to exceed $785,679) for construction of said sewer line improvements. 2. Appropriate $785,679 from Curnow Planned SewerArea Developer Deposits to the Public Works Department's Capital Improvement budget within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3) to reimburse developer for actual construction costs, not to exceed $785,679. STAFF RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: MG3 Partners, LLC is developing Tentative Tract 6759 located south of Taft Hwy/SR119 and east of Ashe Road. As a condition of approval for Tentative Tract 6759, MG3 Partners is required to install sewer improvements in Ashe Road from the tract and under Taft HwY/SR1 19 to tie into the existing sewer line. MG3 Partners has designed and will construct improvements consisting of 657 linear feet of 36" sewer trunkline starting approximately 460' south of Taft Hwy/SR1 19 along Ashe Road, continuing under Taft Hwy/SR1 19 to the existing sewer line. These improvements are listed as a part of the overall sewer facilities projected to be constructed as development continues within the Curnow Planned Sewer Area (Curnow PSA). The Curnow PSA was formed in 2007 in response to the growth being experienced in southwest and south Bakersfield at the time. As part of the Curnow PSA, fees are assessed to developers and property owners on a per dwelling unit or per acre basis during development of parcels within the Curnow PSA boundaries. The fees collected within the Curnow PSA will ultimately fund the construction of a large sewer trunk line extending from Wastewater Treatment Plant 3 along Curnow/Romero Road to Cottonwood Road. 05110117 CC AGENDA PACKET PG 464 MG3 Partners is requesting reimbursement for its costs of designing and installing the above- noted sewer improvements. Reimbursement will be made from fees previously collected from the Curnow PSA in an amount not to exceed $785,679 as noted in Exhibit "B." An appropriation within the Sewer Enterprise Fund is required to fund this Reimbursement Agreement. There is no General Fund impact associated with this Agreement. ATTACHMENTS: Description Type D Rainined Seweir/kirea Re�iryilbLlirseiryieirit/kgireeiryieiritw'tJfI MG3 /kgiree irne int Pair(ineirs, I I Cu', D PS/k R61rnb /k fir Exhbt/k Exhbt D PS/k R61rnb /k fir Exhbt IB Exhbt 05110117 CC AGENDA PACKET PG 465 AGREEMENT NO. PLANNED SEWER AREA REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into on CITY OF BAKERSFIELD, a municipal corporation ( "CITY" Delaware Limited Liability Company ( "DEVELOPER" herein) RECITALS by and between the herein), and MG3 Partners, LLC a WHEREAS, as a condition of Tentative Tract Map 6759, DEVELOPER is required to install sewer improvements in Ashe Road south of Taft Hwy /SRI 19 as well as under Taft Hwy /SRI 19; and WHEREAS, pursuant to said condition, DEVELOPER has designed and will construct said sewer improvements consisting of 657 linear feet of 36" sewer trunkline starting approximately 460' south of Taft Hwy /SRI 19 and continuing under Taft Hwy /SRI 19 ( "Sewer System "), as shown on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, in order to provide sewer service to an area that encompasses TentativeTract Map 6759 as well as other properties, the CITY has formed the Curnow Planned Sewer Area; and WHEREAS, the City Council has adopted Resolution No. 213 -07 adopting the Curnow Planned Sewer Area, defining the limits of the Planned Sewer Area sewer system, and establishing the cost of the system and the fees to be charged to recoup the cost thereof; and WHEREAS, said Sewer System is a portion of the Planned Sewer Area sewer system; and WHEREAS, the current adjusted amount allocated to the Sewer System as identified in Resolution No. 213 -07 ( "PSA cost ") is Seven Hundred Eighty -Five Thousand Six Hundred Seventy - Nine Dollars ($785,679); and WHEREAS, DEVELOPER will be expending an amount not to exceed Seven Hundred Eighty -Five Thousand Six Hundred Seventy -Nine Dollars ($785,679) for Sewer System, as shown on Engineer's Estimate in Exhibit "B" attached hereto and incorporated herein by reference, which does not exceed the PSA Cost; and WHEREAS, CITY is willing to reimburse DEVELOPER, in accordance with the terms of this Agreement; NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DEVELOPER mutually agree as follows: 1. PAYMENT TO DEVELOPER. CITY will reimburse DEVELOPER its Actual Construction Costs (not to exceed $785,679) from fees previously collected from parcels within the Curnow Planned Sewer Area. G: \GROUPDAT \AGREEMENTS \MG3 Partners \PSA Reimbursement Agreemenf.docx -- Page 1 of 4 Pages -- 05110/17 CC A GENDA PACKET FAG 466 1. 1. In determining Actual Construction Cost, said amount shall be determined by the Public Works Department on the basis of paid invoices, cancelled checks and like documentation of the amounts actually paid by DEVELOPER. 1.2. Reimbursement shall be made to DEVELOPER at 4927 Calloway Drive, Suite 101, Bakersfield, CA 93312. The right of reimbursement provided in this Agreement may not be assigned by DEVELOPER. 2. TERM. The term of this Agreement shall be the shorter of a period of 5 years from the date of this Agreement or until such time as DEVELOPER is fully reimbursed under this Agreement. 3. SECURITY. In the event the parties are entering into this Reimbursement Agreement prior to construction of the Sewer System, and in the further event that DEVELOPER has not bonded for construction of the Sewer System under an Improvement Agreement with the CITY, DEVELOPER shall post security for the Sewer System. Such improvement security shall consist of security set forth in Bakersfield Municipal Code section 16.32.020. The security shall be based on the Engineer's Estimate (Exhibit "B" attached hereto). The amount of the improvement security shall be as set forth in Bakersfield Municipal Code section 16.32.040. 4. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 5. AUTHORITY. Each individual signing this Agreement has been fully and properly authorized to execute this Agreement on behalf of the respective parties and this Agreement constitutes the legal, valid and binding obligation of each party hereto, and the same is enforceable in accordance with its terms and conditions. 6. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 7. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. G: \GROUPDAT \AGREEMENTS \MG3 Partners \PSA Reimbursement Agreemenf.docx -- Page 2 of 4 Pages -- 05110/17 CC A GENDA PACKET FAG 467 9. 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. 10. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 11. INDEMNITY. DEVELOPER shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DEVELOPER, 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 Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 12. 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. 13. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint- venturer with DEVELOPER or associate in any such relationship with DEVELOPER by reason of the provisions of this Agreement. DEVELOPER shall not for any purpose be considered an agent, officer or employee of CITY. 14. 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. 15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, CA 93301 DEVELOPER: MG3 Partners, LLC 4927 Calloway Drive, Suite 101 Bakersfield, CA 93312 (661)679 -6780 17. TAX NUMBERS. "DEVELOPER's" Federal Tax Identification No. 81-3361811. "DEVELOPER" is a corporation? Yes X No G: \GROUPDAT \AGREEMENTS \MG3 Partners \PSA Reimbursement Agreemenf.docx -- Page 3 of 4 Pages -- 05110117 CC A EN A PACKET FAG 468 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. Bv: "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT as NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney Bv: ANDREW HEGLUND Deputy City Attorney Insurance: COUNTERSIGNED: NELSON K. SMITH Finance Director "DEVELOPER" MG3 Partners, LLC By: Print Name: Title: Attachments: Exhibit A - Diagram of Improvements Exhibit B - Engineer's Estimate G: \GROUPDAT \AGREEMENTS \MG3 Partners \PSA Reimbursement Agreemenf.docx -- Page 4 of 4 Pages -- 05110/17 CC A GENDA PACKET FAG 469 ■ 05110/17 CC AGENDA PACKET PG 470 O Ld O (7) r, — (7) — c� II C� 0 C-4 ILL. o o 0 s'No c; * c; m z z W w z Damov) AVMHDIH IJU M C-D U- W /611 3LnoN 31VIS I m M MtO.69 N LAJ LL. F4 cc --- -------- x LLI LIJ < cr m 0 wx fl� M Lu UJ P. li a! ui V) cc) 0) My Ij CC) cr- U- 0 ui Z X w 0 itIt (D 111 — � 7- z < It , —j It .0c Y) c 4 Ij 4LO m C4 L, II cru- L CL 04 Lai Z II C) + n II LLJ 0II1 !H ru 0 01 m Will will 101 1; cn 05110/17 CC AGENDA PACKET PG 470 i *AV 0111k9:1 COST ESTIMATE - Curnow South Subtotal 8,429 Design Engineering Date: 4/17/2017 Curnow PSA Sewer Reinbursment 51,800 a) Topo Survey (lift station site & east Job No: 04- 102.09 Sewer Bore across Taft Highway b) Prepare /Process Sewer Easement Prepared By: ser Sewer Main Const. on Ashe Road south of Taft Highway Permit Item No. Item Description Qty Unit Unit $ Item $ TOTALS tie -in) Subtotal 51,800 Sewer Improvements 16. Soils Tests & Final Report: 0.5% of const. 3,591 1. Mobilization 1 Is 10,000.00 10,000 7,183 2. Traffic Control 1 Is 10,000.00 10,000 1) Unit prices are based on 2015 bid history. 3. 36" Sewer Line (PVC Lined) 482 If 690.00 332,580 construction staking are all reimbursable through the PSA. 4. 54" Road Bore - Taft Hwy 175 If 1,200.00 210,000 5. 48" Manhole - PVC -Lined 1 ea 20,000.00 20,000 6. 60" Manhole - PVC -Lined (Vertical Bore) 1 ea 20,000.00 20,000 7. 60" Drop Manhole - PVC -Lined 1 ea 20,000.00 20,000 11. Video Sewer 1 Is 2,000.00 2,000 Subtotal 624,580 Subtotal, All of above: 624,580 Contingency: 15% 93,687 SUBTOTAL, CONSTRUCTION COSTS: 718,267 City of Bakersfield Fees 12. Plan Check Fees: 1,267 13. Inspection Fees: 1,775 14. Improvement Bonds: 5,387 MCINTOSH & ASSOCIATES, Civil Engineers & Land Surveyors, 2001 Wheelan Court, Bakersfield, California 93309 Ashe—Sewer-2017 actual costs Page 1 of 1 PSA Smith 05W1 /17 CC A EN A PACKET PIS 471 Subtotal 8,429 Design Engineering 15. Design Engineering: 1 Is 51,800.00 51,800 a) Topo Survey (lift station site & east half of Ashe Rd from Taft Hwy south) b) Prepare /Process Sewer Easement e) Process Taft Hwy Encroachment Permit g) Coordinate Power Pole Relocation h) Sewer Plans (Ashe Rd. from Taft to tie -in) Subtotal 51,800 Construction Administration 16. Soils Tests & Final Report: 0.5% of const. 3,591 17. Construction Staking: 0.5% of const. 3,591 Subtotal 7,183 TOTAL ESTIMATED COST OF PROJECT: 785,679 NOTES: 1) Unit prices are based on 2015 bid history. 2) Sewer improvements, City of Bakersfield fees, design engineering (PSA items only), soil testing, and construction staking are all reimbursable through the PSA. MCINTOSH & ASSOCIATES, Civil Engineers & Land Surveyors, 2001 Wheelan Court, Bakersfield, California 93309 Ashe—Sewer-2017 actual costs Page 1 of 1 PSA Smith 05W1 /17 CC A EN A PACKET PIS 471 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Agreements q. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 4/24/2017 111-11 N 03 SUBJECT: Amendment No. 1 to Agreement No. CA1 6-001 with Clifford & Brown ($60,000) to provide outside legal services in the matter of Bjorneboe v. City of Bakersfield. STAFF RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On January 12, 2016, the City entered into Agreement No. CA1 6-001 with Clifford & Brown for legal representation in the matter of Bjorneboe v. City of Bakersfield, KCSC case number BCV- 15-101298. This case is being handled outside the cap since it is a personnel matter. At this time, the City Attorney's Office requests that we amend the contract to add additional compensation. This Amendment No. 1 to Agreement No. CA16-001 will result in a total Not to Exceed amount of $100,000 in order for outside counsel to continue representation. Trial is set for January 16, 2018. There are adequate funds in the CAO budget to cover the legal fees. ATTACHMENTS: Description D Arneind meet No 1 to /kg reeirnent No C/k,l 0...001 W th Chffoird 4 IBirown Type /kgireeirneint 05110/17 CC AGENDA PACKET PG 472 AGREEMENT NO, AMENDMENT NUMBER ONE (1) TO ATTORNEY RETAINER AGREEMENT NO. CAI 6-001 THIS AMENDMENT NUMBER ONE TO AGREEMENT NO. CA16 -001 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation (referred to herein as "CITY "), and CLIFFORD & BROWN (referred to herein as "ATTORNEY'). R E C I T A L S WHEREAS, CITY and ATTORNEY entered into Agreement for Legal Services No. CA16 -001 on January 12, 2016, for legal services not to exceed $40,000 in the matter of: HILLARY BJORNEBOE v. CITY OF BAKERSFIELD, a California public entity, BAKERSFIELD POLICE DEPARTMENT, an agent of the City of Bakersfield, TRAVIS BREWER, an individual, STEVEN GLENN, an individual, and DOES 1 through 25 Kern County Superior Court Case No. BCV -15- 101298 WHEREAS, additional monies are needed to continue with outside legal services in connection with this matter; WHEREAS, CITY and ATTORNEY desire to amend Agreement No. CA16 -001 to increase the amount of compensation to ATTORNEY by the sum of Sixty Thousand Dollars ($60,000) for a total not to exceed of One Hundred Thousand Dollars ($100,000) for this action. NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. Paragraph 2 of Agreement for Legal Services No. CA16 -001 dated January 12, 2016, is hereby amended in its entirety to read as follows: -- Page 1 of 3 Pages -- 511 /17 CC ACEN A PACKET FCC 473 2. COMPENSATION TO ATTORNEY. Compensation for all work, services or products called for under this Agreement shall be paid as follows: City shall compensate ATTORNEY for all services performed by ATTORNEY on an hourly basis in an amount of One Hundred Eighty -Five Dollars ($185) per hour. In no event shall this Agreement exceed the total amount of One Hundred Thousand Dollars ($100,000). ATTORNEY shall not engage in any services above or beyond this amount and CITY shall not be obligated to pay ATTORNEY for excess work, services or products beyond this amount. CITY shall pay ATTORNEY thirty (30) days after receipt and approval of billing. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation under this Agreement, excluding out -of- pocket costs. Prior to payment all bills shall be reviewed and approved by the City Attorney or his /her designee. 2. EFFECT OF THIS AMENDMENT. Except as amended in this Agreement, all of the provisions of Agreement for Legal Services No. CA16 -001, dated January 12, 2016, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF BAKERSFIELD ( "CITY ") CLIFFORD & BROWN ( "ATTORNEY ") By: KAREN K. GOH MICHAEL L. O'DELL Mayor Partner Additional Signatures on Following Page -- Page 2 of 3 Pages -- 511 /17 CC ACEN A PACKET FCC 474 APPROVED AS TO FORM: VIRGINIA GENNARO City ATTORNEY VIRGINIA GENNARO City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director BONN -- Page 3 of 3 Pages -- 511 /17 CC ACEN A PACKET FCC 475 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Agreements r. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 4/28/2017 111-11 V 03 SUBJECT: Amendment No. 3 to Agreement No. 15-036 with San Joaquin Fence and Supply ($125,000; revised not to exceed $822,790.75) for the supply of fencing. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On February 11, 2015, Council approved a contract for the supply of fencing with San Joaquin Fence and Supply in the amount of $697,790.75; renewable annually thereafter for four consecutive one-year periods. Council approved Amendment No. 1 on March 2, 2016, and Amendment No. 2 on February 15, 2017; both amendments extended the contract for an additional year with no increase in compensation. On January 31 It, February 6th & 7th, Councilmember Gonzales and TRIP staff held three public outreach meetings to provide a project update to the neighborhoods surrounding the Centennial Corridor. During those meetings it was determined the neighborhood requested additional security measures to address crime in the area. The fences will provide additional security and privacy to those properties adjacent to the freeway project. They will be similar to those currently in place for the 24th Street Widening Project. If approved, Amendment No. 3 will add $125,000 for a revised not to exceed amount of $822,790.75 to allow for this additional work. Sufficient funds are available as part of the right-of- way budget for the Centennial Corridor Project. There is no General Fund impact associated with this amendment. ATTACHMENTS: Description Type D Amendment /kgireeirneint 05110/17 CC AGENDA PACKET PG 476 AGREEMENT NO. 15 -036 (3) AMENDMENT NO. [3] TO AGREEMENT NO. 15 -036 THIS AMENDMENT NO. 3 TO AGREEMENT NO. 15 -036 is made and entered into on , by and between the City of Bakersfield, a municipal corporation (referred to herein as "CITY "), and San Joaquin Fence & Supply (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the February 11, 2015, the CITY and CONTRACTOR have entered into Agreement No. 15 -036; and WHEREAS, on March 2, 2016, Council approved Amendment No. 1 extending the contract term one year; to allow continuance of providing supply of fencing; and WHEREAS, on February 15, 2017, Council approved Amendment No. 2 extending the contract term one year; to allow continuance of providing supply of fencing; and WHEREAS, the parties desire to amend Agreement No. 15 -036 to increase compensation ONE HUNDRED TWENTY -FIVE THOUSAND DOLLARS ($125,000) and add a commodity line item to the Scope of Work; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 1 of Agreement No. 15 -036 entitled "SCOPE OF WORK" is hereby amended to add the commodity as follows: 360046 Purchase of installed temporary 9,000 Feet $13.84 $124,560.00 fencing. 2. Section 2 of Agreement No. 15 -036 entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total not to exceed amount of EIGHT HUNDRED TWENTY -TWO THOUSAND SEVEN HUNDRED NINETY AND 75/100 DOLLARS ($822,790.75) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this -- Page 1 of 3 Pages -- 05110/17 CC ACEN A PACKET FCC 477 Agreement including but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. Except as amended herein, all provisions of Agreement No. 15 -036 shall remain in full force and effect. •e• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 15 -036 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT SANDRA JIMENEZ Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney "CONTRACTOR" SAN JOAQUIN FENCE & SUPPLY By: Print Name: Title: Insurance Approved by Risk Management: -- Page 2 of 3 Pages -- 05110/17 CC ACEN A PACKET FCC 4 78 COUNTERSIGNED: By: NELSON SMITH Finance Director -- Page 3 of 3 Pages -- 05110/17 CC A GENDA PACKET PG 479 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Agreements s. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/14/2017 iTiff-11 1.1 SUBJECT: Contract Change Order No. 1 to Agreement No. 17-023 with Interior Demolition ($19,817.78; revised not to exceed $113,144.78) for the Demolition of Improvements along 24th Street: 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street, and 2401 Cedar Street. Staff recommends approval of the contract change order. BACKGROUND: This project consists of the demolition of improvements at 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street, and 2401 Cedar Street. The project includes the removal of all structures, foundation, landscaping, fences where designated, debris, out-buildings, patios, and asbestos or lead containing materials. The project also includes grading of the sites to match the surrounding existing grades, application of herbicide, and application of wood chips. During construction, the project engineer requested the removal of the block walls located at the City owned property at 2312 24th Street. This is the location of the "Speakeasy' House, and is adjacent to 2400 Alder Street and 2401 Bay Street where demolition and removal of improvements is occurring with this project. The contractor must remove block walls and all shrubs along the walls. This is necessary in order to facilitate the future relocation of the Speakeasy House. The contractor agrees to accept a sum of $3,039.99 to remove these additional improvements. The project engineer also requested the installation of an 8-foot fence with green-screen fabric along the northerly property lines of the five project sites. This fence will help screen and secure the existing homes that will remain to the north of these five project sites, both during and after the demolition of the improvements, until the Speakeasy House is relocated and concrete block walls (that are part of the 24th Street Improvements Project) are constructed. The contractor agrees to accept a sum of $16,777.79 to perform the above-mentioned work. 05110117 CC AGENDA PACKET PG 480 The total cost increase of Contract Change Order No. 1 is $19,817.78. This is the final change order for this project and reflects a total cost increase of $19,817.78 (resulting in a 21.2% increase of the original contract amount) as illustrated below: Original Contract Amount =$ 93,327.00 Amended Contract Agreement after Change Orders = $113,144.78 Net Increase to date = $ 19,817.78 This project is predominantly federally funded with the local match requirement funded by Utility Surcharge revenue. Therefore, there is no General Fund impact associated with this project. F-11 i all M I ��i 14 Ll k &-] Description Type D CCO No 1 Deirno of irnpiroveirneints abing 24th St Agireeirneint 05110/17 CC AGENDA PACKET PG 4 81 COPY DISTRIBUTION: ORIGINAL -CITY CLERK, WHICE{CONTRACTOR, BLUE -CONST RUCTION, GREEN - CONTRACTOR'S INFO, YELLOW.CALTRANS, PINK ENGR., GOLD - PURCHASING CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 17 -023 CHANGE ORDER NO. 1 P.O. NO. 172883 PROJECT: Demolition of Improvements along 24th St. SHEET 1 OF 2401 Bay St., 2400 Alder St., 2401 Alder St., 2400 Cedar St., and 2401 Cedar St. CONTRACTOR: Interior Demolition N/A ADDRESS: 2621 Honolulu Avenue FEDERAL NO. (S) 1 Montrose, Ca 91020 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE REQUESTED BY: R. Voyles SUBMITTED BY: R. Voyles DATE: April 13, 2017 Construction Superintendent Construction Superintendent Extra Work At Agreed Lump Sum Price • Furnish and Install 8' permanent green- screen fence along the north boundary at 2401 Bay St., 2400 Alder St., 2401 Alder St., 2400 Cedar St., and 2401 Cedar St. _ $16,777.79 Remove and dispose of block walls and shrubs on the east and west side of the property at 2312 24th Street. _ $3,039.99 Total $19,817.78 The contractor agrees to accept a lump sum payment of $19,817.78 as full compensation including all mark -ups for performing the above mentioned work. ESTIMATED COST: ACCOUNT NO (S) 124 -4021- 825.8011 TRRH34 88.53%- $17,544.68 3164021- 825.8011 TRRH34 11.47 % - $2,273.10 INCREASE $19,817.78 DECREASE By reason of this order the time of City Council Approval Required YES XX completion will be adjusted as follows: NO Approved As to Form: CITY ATTORNEY Approval Recommended: City Engineer Approved by the Council of City of Bakersfield Mayor Countersigned: Finance Director Date We, the u.dersig.ed manscta, have give. careful co.sideration to the change proposed a.d hereby agree, ifthis proposal is approved, that we will provide all equipment, famish all materials, except as may otherwise be.oted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices show. above. Accepted, Date: Contractor: Title ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent - Agreement t. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/14/2017 WARD: Ward (s) 3, 4 SUBJECT: Contract Change Order No. 113 to Agreement No. 15-009 with Teichert Construction ($27,046.19; revised not to exceed $19,366,097.69; Change Orders funded with Gas Tax Funds) for the Rosedale Highway Widening Project. Staff recommends approval of the contract change order. BACKGROUND: The Rosedale Highway Widening Project includes the construction of two additional lanes (one in each direction) along State Route 58 (Rosedale Highway) from Calloway Drive to 700-feet east of Gibson Street. The project also includes the installation of a 16-inch water main pipeline extension from Mohawk Street to Wedding Lane along the south side of Rosedale Highway. The portion of Rosedale Highway from the east project limits, near Gibson Street, west to Mohawk Street is within Caltrans right-of-way. The portion of Rosedale Highway from Mohawk Street to the west project limits at Calloway Drive is within City and County right-of-way. During construction, it was discovered that after installation of a driveway approach, the resulting pavement tie-in necessary to connect the new driveway to an adjacent existing parking lot would result in a steep pavement grade difficult for vehicles to use. In order to correct this issue and to provide a smooth transition from the business' driveway to their parking lot, the driveway approach had to be redesigned and replaced. Additionally, the roadway segment adjacent to the driveway approach required regrading and repaving. The contractor has agreed to accept a sum of $16,960.60 for this work. Because of this winter's heavy rains, several areas throughout Segment 3 (Mohawk Street to Calloway Drive) and Segment 4 (Gibson Street to Mohawk Street) of the Rosedale Highway Widening Project began developing potholes. The existing asphalt pavement was ground down in order to allow the surface of the new pavement that was to be placed over it to have proper cross-slope and drainage. After grinding, it was found that the existing asphalt pavement was actually much thinner than the project plans had indicated; while this thin pavement layer was temporarily exposed to weather and vehicle traffic, numerous potholes developed that had to be 05110/17 CC AGENDA PACKET PG 4 83 repaired before final pavement resurfacing could take place. The contractor has agreed to a sum of $10,085.59 for these repairs. The total cost increase for Change Order No. 113 is $27,046.19. The sum of all change orders to date on this project reflects a total cost increase of $3,351,505.29 (resulting in a 20.9% increase of the original contract amount) as illustrated below: Original Contract Amount $16,014,592.40 Amended Contract Agreement after Change Orders $19,366,097.69 Net Increase to date $ 3,351,505.29 Gas Tax funds provide the funding source for these change orders. Therefore, there is no General Fund impact associated with these change orders. Additional change orders will be forthcoming as City staff continues to review outstanding contractor claims. The City and contractor continue to actively negotiate pending claims. F-11 i all M I ��i 14 Ll k &-] Description Type D CCO No 113 Rosedab WdeiNing Agireeirneint 05110/17 CC A GEN PACKET PG 4 84 CITY OF BAKERSFIELD Thomas Roads Improvement Piro iraim CONTRACT CH�ANGE 01RDER SHEET I I CONTRACT NO. 15-1009 CHANGE ORDER NO, 113 P.O. NO. 153158 PROJECT: Rosedale Highway Widening Project NCIIPL-5109(159) FEDERAL NO. (S) CONTRACTOR. Teichert Construction ADDRESS: P.C. Box 520 Fowler, CA. 93625-0520 YOU ARE HEREBY DIRECTED TO WAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOVWNG WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE- This charge order is not offactWe untl$ approved by City council or City Engineer Description of work to be dome, estimate ofrivamities, and prim to be paid, Segregate bttwLen additional work or contract price, agmed pric�c and force account. Unless otherwise stated, rates for renal M' equipment vwer only 5oolt time as equipment is actually used and rin allowance will be made for idle time CHANGE SUBMITTED BY., Luis Topete. Resident Engineer DATE: April 11, 2017 CHANGE REOUESTED BY: Luia Tgp&, Bgaldg iI I Enameer DATE: April 11, 2017 EXTRA LALORK AT AOREED LUMP SUM PRICE Saw cut, remove concrete Type A driveway apron and replace with Type C driveway approach, re-grade and Ipave AC tie in at Ste, 910+15 Rt., API * 368-111-21 (7 Star Auto). (RFls # 51% 519,1, 519ARI & FTM * 55). $16,960.60 Repair potholes at various locations along Rosedale Hwy, in segment 3 and 4. (RFIs # 378, 464, 464.81, 464.8,2) $10,085-59 $27,046.19 The contractor agrees to accept a lump sum payment of $27,046,1'9 as full compensation including all mark-ups for performing the above mentioned work. ACCOUNT NO (8) 151-4021-825-8041 JRRH 17 335-4021-825-8041 -TRIRH1 7 331-4021-825-8041 -TRRH1 7 Total Increase. $27,1046.19 INCREASE $27,04619 DECREASE By reason of this order the time of City Council Approval Required YES xx — completion will be adjusted as follows, None Approved As to Form: CITY ATTORNEY Approval Recommended. City Engineer Countersigned: Finance Director Approved by the Council of City of Bakersfield Mayor Date We, the undemgmd contmior, haso givga c-mi-I paaWc,.fien E. the ch-ge p,.p..d and h—by wgrte, if ffis prcpft0 is appw ,J, that we avik provide all equipatua,f.mish A msenals,exccps as may odwrmsc Wpowd abow, andpo-fona Al smiccsmwmary for dw wuz,k aba spw,cified, and v6fl =ctpl as full. paymcat LkTorof the lm"s AM" atom Accopled, Date: Contractor: �m 0 _E�//l 0/17 CC AGENDA PACKET PG 4 85 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent- Bids u. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 4/27/2017 111-11 V 03 SUBJECT: Purchase of Four Door Police Sedans: 1. Accept bid from Jim Burke Ford, Bakersfield ($931,356.61) for 41 replacement four door police special sedans for the Police Department. 2. Appropriate $80,584 Equipment Fund Balance to the Public Works Department's Operating Budget to fund the amount of purchase costs recovered through fleet rental rates for six total loss vehicles. 3. Transfer and appropriate $122,416 Self- Insurance Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to fund the amount of purchase costs to be paid by the Self-Insurance fund for the six total loss vehicles. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of transfer and appropriations. BACKGROUND: Thirty five police vehicles are budgeted for replacement in the current year Equipment Management fund; additional information regarding a history of each vehicle proposed for replacement is on file in the Fleet Services Division. Additionally, six police vehicles involved in traffic accidents have been declared a "total loss" by an outside appraiser and need to be replaced. Funding for the six replacement police vehicles includes $80,584 from the Equipment Management fund (amount recovered through fleet rental rates) with the balance of $122,416 from the Self-Insurance Fund. Bids were solicited for the purchase of 41 police special sedans. Three bids were received in response to the solicitation. Bid specifications included Police Special sedans manufactured by Ford and Dodge; Chevrolet is no longer producing a police pursuit vehicle. 05110117 CC AGENDA PACKET PG 486 The three bids received include: "R'kIDDER AMOUNT MAKEIMODEL 13111 Jim Burke Ford Bakersfield, CA $931,356.61 Ford Police Sedan AWD McPeek's Dodge of Anaheim, Anaheim, CA $1,037,318.42 Dodge Charger Pursuit Santa Maria CDJRF $1,383,686.22 Dodge Charger Pursuit Santa Maria, CA Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable and recommends award in the amount of $931,356.61. The Police Department is requesting to retain 10 of the old Crown Victoria sedans for drivers training as part of the Emergency Vehicle Operation Course (EVOC). The other surplus vehicles will be sold at auction through our standard process. 05110117 CC AGENDA PACKET PG 487 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Consent -SuccessorAgency Payments v. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 4/7/2017 111-11 V 03 SUBJECT: Receive and file SuccessorAgency payments from April 7, 2017, to April 27, 2017, in the amount of $1,422.20. STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency submits a Recognized Obligation Payment Schedule (ROPS) to the Bakersfield Oversight Board and the DOF every six (6) months for approval. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor Agency A check register is provided that summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #657250 to Nixon Peabody LLP for $1,422.20 is a payment for legal services for continuing disclosure report review. Payment approved as ROPS 16-17, line item #3. ATTACHMENTS: Description Type D Check Regilsteir/kdirNin S/k Pyrnints 5,10 20,17 BackU�p IMateirla. � 05110117 CC AGENDA PACKET PG 488 CITY OF BAKERSFIELD - Successor Agency Payments Check Number Vendor Number Vendor Name Payment Date Transaction Amount KotainaooAmount Check Amount 657250 20253 NIXON PEAB0DYLLP Apr 13.2U17 $1.422.20 $0.00 $1,42220 1 Total No. qrChecks Overall -Total ��22.20 1 8:16:16 AM 0z110/17CCAGENDA PACKET PG 489 ADMINISTRATIVE REPORT MEETING DATE: 5/10/2017 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 3/9/2017 111-11 V 03 SUBJECT: Budget and Finance Committee Report regarding Fiscal Year 2017-18 Community Development Block Grant (CDBG - $3,260,214), HOME Investment Partnerships (HOME - $1,117,081), Housing Opportunities for Persons with HIWAIDS (HOPWA - $384,538), and Emergency Solutions Grant (ESG — $287,896) Action Plan submittal (Total - $5,049,729). Staff recommends acceptance of the report, and authorization for the City Manager to execute all documents required to submit the Annual Action Plan. BACKGROUND: As an entitlement City under the U. S. Department of Housing and Urban Development (HUD), the City receives annual entitlements in order to improve low-income neighborhoods in Bakersfield. Funds are distributed pursuant to the following programs: HUD Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA). In order to receive these funds, the City is required to adopt a Five Year Consolidated Plan, which reviews the community needs and sets priorities for future funding. The current Consolidated Plan was approved by City Council in 2014, and is implemented via an Annual Action Plan that identifies specific project funding each year. The proposed Fiscal Year (FY) 2017-18 Annual Action Plan is the third year of the Consolidated Plan 2020 and represents activities to be funded with anticipated allocations from the CDBG, HOME, HOPWA, and ESG entitlements. The total estimated funds available for FY 2017-18 are $5,049,729, which represents: $3,260,214 in CDBG funds, including $7,000 in program income; $1,117,081 in HOME funds, including $30,000 in program income, $384,538 in HOPWA funds; and $287,896 in ESG funds. Budget and Finance Committee. On March 2, 2017, staff presented the FY 2017-18 applications to the Budget and Finance Committee and recommend projects to be funded in the 05110/17 CC AGENDA PACKET PG 490 FY 2017-18 Action Plan as noted below. Attached is the complete list of project applications, including budget and full project descriptions are attached, and the FY 2017-18 Annual Action Plan document. The projects, programs, and services recommended for funding include: CDBG • Install curb, gutter and sidewalk in areas that include La France/El Toro, Union/Brundage, Oleander, and Baker/Old Town Kern • Install shade structure, picnic tables, and Americans With Disabilities Act (ADA) improvements at Lowell Park; • Install playground safety surfacing and make ADA improvements at Stiern Park; • Section 108 Loan repayments for street improvements in southeast Bakersfield and park improvements in southeast and downtown Bakersfield; • Public Service funds for Bakersfield Senior Center services, Fair Housing Program Services, and Bakersfield Police Department Community Relations officers; • Home accessibility improvements for low- and moderate-income disabled persons; HOME • New Construction Assistance, CHDO Set-Aside (required by HUD); HOPWA • Tenant-based rental assistance, short term assistance, emergency assistance, supportive services and housing information services for persons with HIV/AIDS; and ESG • Street outreach, homeless shelter and services, and rehousing assistance. The Budget and Finance Committee directed staff to present the FY 2017-18 Annual Action Plan to the City Council with funding for the aforementioned projects, programs, and services. In addition, the Committee noted that the Bakersfield Senior Center had applied for a Gate Replacement project in the amount of $25,000 to replace deteriorated entry gates and add motorized opening and closing because senior center personnel are physically unable to maneuver the existing gate without great difficulty. The Bakersfield Senior Center Gate Replacement project is an eligible project that could be funded if not for lack of funds; therefore, the Committee directed Staff to monitor for mid-year project savings from CDBG projects to possibly fund the project in the future. Public Review. A public notice was published in Spanish in El Popular and in English in the Bakersfield Californian on April 7, 2017, regarding the availability of the draft Annual Action Plan for a HUD-required 30-day public review and comment period. As part of the public review and comment process, a public meeting was held on April 25, 2017. Also, staff presented this item at public workshop to the Planning Commission on April 20, 2017. To date, no comments have been received. CONCLUSION: Staff concludes that the proposed Action Plan meets all regulatory requirements and recommends City Council accept the report and authorize to the City Manager to execute all documents required to submit the Action Plan prior to the HUD deadline of May 17, 2017. 05110/17 CC AGENDA PACKET PG 491 Upon receipt, HUD then has 45 days to review the Action Plan for compliance with federal regulations; and, if the plan is found to be in compliance, funds are expected to be available after the start of federal fiscal year in October 2017. 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LLJ cc 0 �9 co 4-J m E fi- cz N U U bA U Lil cz bzN N cz cz N cz CJ N U r. cIs 4-1 con .un V) cz .N N ccs 4 a cz N H Cn Q ►7 x cn O O~ U ct a-J cn .V) cn 05110117 CC A EN A PACKET FAG 51 a Irmo ' 05110/17 CC AGENDA PACKET FAG 517 N �,o 00 r N CT M M �-, N (:0 LO LO N o co CC) c Ln � x U O G a_ � `U 00 ct -0 o N 00 0 � M 00 LO w �, LO 00 O N 0 00 00 x L`n M ct c O C . r. IZ � n O� � cz Lr� � Cz C j u N cU U > � "cS O N o U U '~ � 0 05110/17 CC AGENDA PACKET FAG 517 05110/17 CC A GENDA PACKET FAG 518 N 05110/17 CC A GENDA PA CKET PG 519 lokoowow"WWWI"M�� B A K E R S F I E L D Community Development Department Jacquelyn R. Kitchen, Community Development Director MEMORANDUM February 22, 2017 TO: Alan Tandy, City Manager FROM: Jacquelyn R. Kitchen, Community Development Director SUBJECT: Non - Profit & For - Profit Applications for HUD FY 2017 -18 Funding Background. As an Entitlement City under the U. S. Department of Housing and Urban Development (HUD), the City of Bakersfield receives annual entitlements in order to improve low- income neighborhoods in our City. Funds are distributed pursuant to the following programs: HUD Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS ( HOPWA). Available Funds. Last year (FY 16 -17), the total HUD entitlement was $5,006,930 with an additional $7,000 in program income for CDBG and $30,000 for HOME. Thus, the total proposed budget for CDBG, HOME, ESG and HOPWA for FY 16 -17 was $5,043,930. As of the preparation of this Memo, HUD has not yet released the entitlement amount for FY 17 -18; therefore, Staff is using last year's entitlement as our current projection. Applications Received. The deadline to submit CDBG, HOME, and ESG applications for Fiscal Year 17 -18 funding was October 31, 2016. This year, the Community Development Department received 16 proposals for assistance from non - profit and for - profit organizations totaling $3,657,384, and 15 proposals from City departments totaling $4,793,657. The requested projects are intended to improve the quality of life and infrastructure for low - income neighborhoods. Recommendation. After reviewing the requests for funding, staff has prepared a proposed budget for Fiscal Year 17 -18. A summary of the proposed budget for consideration by the Budget and Finance Committee and recommendation to the City Council, as well as memoranda summarizing the funding requests from nonprofits and City departments is attached. Staff anticipates that the FY 17 -18 HUD Action Plan will be considered by the City Council on May 10, 2017. This is the third funding year of the Consolidated Plan 2015 -2020. Attachments 1. Proposed CDBG Budget (FY 17/18) 2. Proposed HOME /ESG / HOPWA Budget (FY 17/18) 3. Memo - Overview of Applications Received S: \EDCD_Shared \ACTION PLANS \Action Plan 2017 -18 \2 2017 -18 Funding Request Non Profit Memo.Docx 1 05110/17 CC A GENDA PACKET FAG 520 PROPOSFD CDgG RIlDGFT FY 2017 -1 F Description FY 17/18 FY 17/18 FY 16/17 Requested Recommended Bud et CDBG Entitlement (Projected for FY 17/18) 3,253,214 3,253,214 3,253,214 Program Income (Projected for FY 17/18) 7,000 7,000 7,000 3,260,214 3,260,214 3,260,214 Total Available Resources Administration (not to exceed 20% or $652,042) 652,042 652,042 652,042 Section 108 Loan Payment on $4.1 M 273,864 273,864 273,864 Section 108 Loan Payment on $800K 50,636 50,636 50,636 976,542 976,542 976,542 Total Admin and Debt Payment 2,283,672 2,283,672 2,283,672 Total Resources minus Admin and Debt Payments Fair Housing Program Services 100,000 100,000 100,000 Bakersfield Senior Center 85,000 85,000 85,000 Bakersfield Police Department 311,000 302,982 0 Mission Services Job Creation 25,000 0 25,000 CASA Expansion services 40,000 0 0 Alliance Against Family Violence 0 0 50,000 561,000 487,982 260,000 Total Public Service Projects 11 111111111111111 ''I'll'', I'll— Home Access Rehabilitation 40,000 678,251 40,000 612,251 30,000 520,580 Union - Brundage Area Street Improvements - Ph. 4 Baker /Old Town Kern Reconstruct Curb /Gutter /Sidewalk 300,000 300,000 0 La France/El Toro Area Reconstruct 500,000 272,229 500,000 Oleander Area Reconstruct Curb /Gutter /Sidewalk 500,000 300,000 300,000 Wilson /Planz Rd Curb /Gutter /Sidewalk 300,000 0 0 E. California /Brundage Curb /Gutter /Sidewalk 500,000 0 0 East Terrace /Brundage Curb /Gutter /Sidewalk 300,000 0 0 Madison /Cottonwood Curb /Gutter /Sidewalk 300,000 0 0 Castro Area Curb /Gutter /Sidewalk (FY 16/17) 0 0 300,000 P Street Area Curb /Gutter /Sidewalk FY 16/17 0 189,210 0 139,210 142,010 52,042 Stiern Park Playground ADA Improvements /Shade Beale Park Playground ADA Restroom Bldg /Shade 416,500 0 0 Wilson Park Shade Structure & ADA 0 0 52,020 Lowell Park ADA Improvements /Shade Structure 132,000 132,000 0 Beale Park Shade Structure 118,000 0 52,020 McMurtrey Shade Structure 77,990 0 0 Jastro Park Shade Structure & ADA 170,706 0 0 MLK Park Lighting Improvements Ph -2 0 15,100 0 0 75,000 0 Bakersfield Senior Center Gates Habitat For Humanity Front Porch Program 25,000 RDA 0 Saguaro Investors - 9,214 sq ft Commercial /1301 1,000,000 0 0 Mexican American Opportunity Foundation - Vida Scott 218,284 0 0 Community Action Partnership-Security Gates /Cameras 61,500 0 0 Total Public Facilities 5,842,541 1,795,690 2,023,672 Total Re nests for Public Services + Projects 6,403,541 2,283,672 2,283,672 Note: RDA (Redevelopment Agency Successor) Funds are not part of the HUD Entitlement 0511 0 /17 CC AGENDA PACKET FAG 521 Description FY 17/18 FY 17/18 FY 16/17 Requested Recommended Budget HOME Entitlement (Projected for FY 17/18) MEMENEEMEMENNEEM $ 1,087,081 $ 1,087,081 $ 1,081,282 Program Income (Projected for FY 17/18) $ 30,000 $ 30,000 $ 30,000 Total Available Resources $ 1,117,081 $ 1,117,081 $ 1,111,282 Administration (not to exceed 10 %) $ 111,708 $ 111,708 $ 111,128 Total Resources minus Admin $ 1,005,373 $ 1,005,373 $ 1,000,154 Note: RDA (Redevelopment Agency Successor) Funds are not part of the HUD Entitlement Updated: 02/22/2017 CH DO Set Aside (15 %) $ - $ 167,562 $ 166,692 New Construction /Rehabilitation /Homebuyer Assistance $ - $ 837,811 $ 833,462 Habitat for Humanity - New Home Build Project $ 55,000 RDA $ - A. Phillip Randolph Corp. - Affordable Housing Project $ 275,000 $ - $ - Tegeler Hotel SRO Associates, LP - Rehab of Tegeler SFR $ 1,500,000 $ - $ - Total (All Requests) $ 1,830,000 $ 1,005,373 $ 1,000,154 PROPOSED 1 Description FY 17/18 FY 17/18 FY 16/17 71 7A Requested MA 7171 W WE, Recommended 71 7A MA 7171 W WE, Budget ESG Entitlement (Projected for FY 17/18) $ 287,896 $ 287,896 $ 287,896 Administration (not to exceed 7.5 %) $ 21,592 $ 21,592 $ 21,592 Total Resources minus Admin $ 266,304 $ 266,304 $ 266,304 Flood Ministries - Street Outreach $ 22,500 $ 25,000 $ 22,456 Bakersfield Homeless Center - Shelter $ 120,000 $ 61,334 $ 63,912 Bakersfield Homeless Center - Rapid Rehousing $ 95,000 $ 93,568 $ 93,568 The Mission at Kern County - Shelter $ 88,000 $ 61,402 $ 63,912 Alliance Aqainst Family Violence - Shelter $ 32,000 $ 25,000 $ 22,456 Description FY 17/18 FY 17/18 FY 16/17 Requested Recommended Budget HOPWA Entitlement (Projected for FY 17/18) $ 384,538 $ 384,538 $ 384,538 law'' fffF57ji Administration (not to exceed 3 %) $ 11,536 $ 11,536 $ 11,536 Total Resources minus Admin $ 373,002 $ 373,002 $ 373,002 Kern County Public Health $ 373,002 $ 373,002 $ 373,002 Total (All Requests) $ 373,002 $ 373,002 $ 373,002 Note: RDA (Redevelopment Agency Successor) Funds are not part of the HUD Entitlement Updated: 02/22/2017 05110/17 CC A GENDA PAC ET PG 522 Community Development Department M E M O R A N D U M February 22, 2017 TO: Jacquelyn R. Kitchen, Community Development Director FROM: Hayward Cox, Community Development Coordinator SUBJECT: Non - Profit & For - Profit Applications for HUD FY 2017 -18 Funding The deadline for the submission of CDBG, HOME, and ESG applications for FY 2017 -18 funding was October 31, 2016. This year 16 applications were submitted from non - profit and private entities totaling $3,657, 284, and 15 applications from Public Works and Recreation and Parks totaling $4,793,657. Below are summaries and staff's comments of the applications received from applicants requesting assistance from the various HUD programs for FY 2017 -18. 11P ag, C:\ Users \J kit chen \Appdata \Local\ Microsoft \Windows \Inetcache \Conte nt. 0 utlook \Z9WG2PF8 \CDBG_HOME_ESG_2017 -18 Funding Request (002).Docx 05110117 CC A EN A PACKET FAG 523 r B A K E R S F[ E L D Community Development Department M E M O R A N D U M February 22, 2017 TO: Jacquelyn R. Kitchen, Community Development Director FROM: Hayward Cox, Community Development Coordinator SUBJECT: Non - Profit & For - Profit Applications for HUD FY 2017 -18 Funding The deadline for the submission of CDBG, HOME, and ESG applications for FY 2017 -18 funding was October 31, 2016. This year 16 applications were submitted from non - profit and private entities totaling $3,657, 284, and 15 applications from Public Works and Recreation and Parks totaling $4,793,657. Below are summaries and staff's comments of the applications received from applicants requesting assistance from the various HUD programs for FY 2017 -18. 11P ag, C:\ Users \J kit chen \Appdata \Local\ Microsoft \Windows \Inetcache \Conte nt. 0 utlook \Z9WG2PF8 \CDBG_HOME_ESG_2017 -18 Funding Request (002).Docx 05110117 CC A EN A PACKET FAG 523 05110117 CC AGENDA PACKET PG 524 D U 0 D O < U 0 0 IL 0 E (D U ,2 < c6 c� in (D (D > c: 2 C-) U') cli ci 0 LU z 0 Jc L) u c: c� U') eif u 0 E u �2 — 0 c 0 7C) 0 c: c: 8 < QO c') >- .4 < co Lu u < U U (D >- co , x 0 (1) Lu u x (D ao 2 E 0 c: C) 0 (D E c: C) 0 2 c� E O10 0+ (D :) 0- CO CO 0+ 0 0) Ou -0 ci -a '6 - ul (D 'o c: 'D 'D M.9 E S2 c -0 70 70 70 �f- (D 0- 0 c: U f� c -0 o a - (D c: c: Q) 2 c: Q) _0 0 0 (D 0 c U U X (D > E dS u Z _0 As -2 -00 E 0 (D E E 2: E 2: E 21 co co < 0 'o 0 (D 0 (D 0 (D co 04 z LL LU U— u u u u u u u < Q) (D (D (D (D (D (D Q) a� a� a� a� a� a (D � 0 co 40 o 0 co 0 m C, 00 C'4 O 0 0 ct C', OD LO L6 cct CL LO 04 0 W uj 0 °o CO CO c\j n 0 0 0 0 °o cr 0 U N Go 0 co Ul ^ LU 6 04 LU 0 q 0 u) U- .0 N u) Ol N co U N 75 � (D 0 c: ID (D 0) 0 E (D — 0- (D 0 (D E E M E Q) c: 0 Q. 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O .� 3 O 'c N '� •u .5 Q c Q (D -6 'a > ° N N v ° ° o o Q L D D Q u °- E a o'X o ° u o'X Q U •U Ou = ° —(D ° m ` Y c "N' -0 c 0 U> Q O c - N Q 2 Q c ° a ° � c 0 0— o- o u c D p c Q c o o� N v U N N N 6 • o U 'Q '� O o E N N D( o> N� u �a ° i °- o•�NQa c N °�� c , E _ — a o o� v — c .0 C) u, QY Q:u o °3q�Q o2 L L °2' L x oD,° 2 L o Q a. a � �� _ = c U � N " 6 . N N N N D N U c N N U O O Q E-0 ONz N Q O c O N Y C) O Y� 7 -0 O Y Lo n> O O N Y N N O .� O N O� � > c > Q a 0 3 Q F O N N 0 -c N a C)-0 Q x _ v_ m af LO ° Q Q L_ m v) O� u L U v)� v c °v) _ N o 0 0 0 0 c 0 Q) m c m o m U m u 0 Or o ca o o°E of of D oiE 05110/17 CC A GENDA PACKET FAG 527 SUMMARY OF FY 2017-18 ACTION PLAN PROJECTS Project Title, Description & HUD Citation Funding Source, Amount, Priorities & Target Date Bakersfield Senior Center Public Services CDBG - $85,000 Funds for public services for low-income seniors at 530 4th Street. Priority — Public Services 05A Senior Services 570.201 (e) Target Date — Summer 2018 Bakersfield Police Department Community Relations Officers CDBG - $302,982 Salaries and benefits for an increase in community relations officers to Priority — Public Services provide a higher level of public safety in the low-income area generally Target Date — Summer 2018 bounded by: Martin Luther King Blvd / Cottonwood Road, Casa Loma Blvd / Ming Ave, SR 178 / Monterey St., & South Chester Ave / Chester Ave. 051 Crime Awareness/Prevention 570.201(e) Fair Housing Program Services CDBG - $100,000 Public services to affirmatively further fair housing choice, including Priority — Public Services education, intake, screening, counseling, testing and mediation. Target Date - Summer 2019 - Fair Housing Activities 570.201(e) -05J Section 108 Loan Repayment for $800,000 of Public Facilities CDBG - $53,244 Principle and interest on $800,000 loan for street improvements in Priority - Infrastructure Southeast Bakersfield. Target Date - Summer 2018 19F — Repayment of Section 108 Loan - 570.203(b) Section 108 Loan Repayment for $4.1 million of Public Facilities CDBG - $282,692 Principle and interest on $4,100,000 loan to improve two swimming pools, Priority — Public Facilities construct a wet play area in the southeast and build a downtown swimming Target Date - Summer 2018 pool. 19F - Repayment of Section 108 Loan - 570.203(b) General Management Oversight and Coordination CDBG - $652,042 Costs associated with overall program management, coordination, & Priority — N/A monitoring of the CDBG program. Target Date - N/A - General Program Administration - 570.206 -21A Home Access Grant Program CDBG - $40,000 Grant up to $3,500 for handicapped accessibility in privately or publicly Priority — Owner Occupied owned residential structures in neighborhoods. Housing 14A Rehab: Single Unit/Multi-Unit 570.201 (e) Target Date — Summer 2018 La France/El Toro Area Curb, Gutter, Sidewalk and Reconstruction CDBG - $272,229 Improve drainage currently causing street failures. Install curb, gutter and Priority — Infrastructure sidewalk as needed prior to street reconstruction. Project area generally Target Date — Summer 2018 bounded by South H St., Ming Ave., El Toro Dr., Hwy 58, Chester Ave., and Belle Terrace. Street Improvements 570.201(c) -03K Union-Brundage Area Curb, Gutter, Sidewalk, Drainage and CDBG - $600,815 Reconstruction Improve drainage currently causing street failures. Install Priority — Infrastructure curb, gutter & sidewalk as needed prior to street reconstruction. Generally Target Date — Summer 2018 bounded by 4th St. Union Ave., Brundage Ln, and P St. 03K Street Improvements 570.201(c) Oleander Area Curb, Gutter, Sidewalk and Reconstruction Improve CDBG - $300,000 drainage currently causing street failures. Install curb, gutter & sidewalk as Priority — Infrastructure needed prior to street reconstruction. Generally bounded by A St., Target Date — Summer 2018 California Ave., Chester Ave., and Verde St. -03K Street Improvements 570.201(c) 05110117 CC AGENDA PACKET PG 528 Project Title, Description & HUD Citation Funding Source, Amount, Priorities & Target Date Baker/Old Town Kern Curb, Gutter, Sidewalk and Reconstruction CDBG - $300,000 Improve drainage currently causing street failures. Install curb, gutter & Priority — Infrastructure sidewalk as needed prior to street reconstruction. Project area generally Target Date — Summer 2018 bounded by Beale Ave., Flower St., Owens St., Pacific St., Haley St., Monterey St., Brown St., Niles St., Virginia St., and Kentucky St. Street Improvements 570.201(c) -03K Lowell Park ADA Improvements/Shade Structure CDBG - $132,000 Purchase and installation of shade structure and picnic tables for the picnic Priority — Public Facilities area and ADA improvements throughout the park. Target Date — Summer 2018 03F Parks, Recreational Facilities — 570.201 (c) Stiern Park ADA Improvements CDBG - $139,210 Add playground safety surfacing to the playground area and make ADA Priority — Public Facilities improvements throughout the park.03F Parks, Recreational Facilities — Target Date — Summer 2018 570.201 (c) New Construction Assistance HOME - $837,811 Housing development costs associated with the acquisition and/or Priority — Rental Housing construction of affordable housing. Target Date — Summer 2019 12 Construction of Housing — 92.205(a) CHDO Set Aside HOME - $167,562 Loans & grants to develop, acquire, rehabilitate, and/or construct affordable Priority — Rental Housing single or multi-family housing. To be implemented by a Community Target Date — Summer 2019 Housing Development Organization (CHDO). 12 Construction of Housing — 92.205(a) HOME Administration/Planning Costs HOME - $111,708 Costs related to overall management & coordination of the HOME program. Priority - N/A - HOME Admin/Planning Costs of PJ - 570.203(b) Target Date - N/A -21H ESGII 6 Administration ESG - $21,592 Cost related to overall management & coordination of the ESG program. Priority - N/A - General Program Administration/ESG Handbook - 7300.00 1-6A4b Target Date - N/A -21A ESGII 6 Street Outreach ESG - $25,000 Street Outreach program to be provided by Flood Bakersfield Ministries Priority — Homeless/HIV/AIDS Operating Costs of Homeless/AIDS Patients Programs Target Date — Summer 2018 -03T ESGII 6 Shelter ESG - $147,736 Emergency Shelter Activities to be provided by the Bakersfield Homeless Priority — Homeless/HIV/AIDS Center, Bakersfield Rescue Mission, and Alliance Against Family Violence Target Date — Summer 2018 and Sexual Assault. 03T Operating Costs of Homeless/AIDS Patients Programs ESG16 Rapid Re-Housing ESG - $93,568 Activities to assist households which are recently homeless to re-establish Priority — Homeless/HIV/AIDS permanent housing for the households. Target Date — Summer 2018 31G Short term rent mortgage utility Payments 2017-2020 City of Bakersfield CAH17F013 (BKF) HOPWA - $373,002 HOPWA Public Services - Rental assistance, emergency assistance, Priority — Homeless/HIV/AIDS housing counseling and related services to ensure safe and stable housing Target Date — Summer 2018 for persons living with HIV/AIDS. 2017-2020 City of Bakersfield CAH17F013 (BKF) HOPWA - $11,536 Administrative costs related to oversight of HOPWA program activities. Priority — Summer 2018 Target Date - N/A Total $5,049,729 05110/17 CC A GEN PACKET PG 529 albl lle of Coii, leis, l °s ExecutiveSummary ....................................................................................... ............................... 2 AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ..................... ............................... 2 PR -05 Lead & Responsible Agencies - 91.200(b) .................................. ............................... 6 AP -10 Consultation - 91.100, 91.200(b), 91.215(1) .................................. ............................... 7 AP -12 Participation - 91.105, 91.200(c) ................................................. ............................... 13 ExpectedResources ................................................................................... ............................... 17 AP -15 Expected Resources - 91.220 (c) (1, 2) ....................................... ............................... 17 Annual Goals and Objectives ................................................................... ............................... 21 AP -20 Annual Goals and Objectives - 91.420,91.220(c)(3)&(e) ....... ............................... 21 AP -35 Projects - 91. 220( d) ....................................................................... ............................... 24 Projects.......................................................................................................... ............................... 27 AP -38 Projects Summary ......................................................................... ............................... 27 AP -50 Geographic Distribution - 91. 220( f) ............................................ ............................... 35 AffordableHousing ..................................................................................... ............................... 36 AP -55 Affordable Housing - 91.220(g) .................................................. ............................... 36 AP -60 Public Housing - 91.220(h) ........................................................... ............................... 38 AP -65 Homeless and Other Special Needs Activities - 91.220(i) ....... ............................... 39 AP -70 HOPWA Goals - 91.220 (1) (3) ....................................................... ............................... 42 AP -75 Barriers to affordable housing - 91.220(j) .................................. ............................... 44 AP -85 Other Actions - 91.220(k) ............................................................. ............................... 46 Program Specific Requirements .................................................................. .............................48 AP -90 Program Specific Requirements - 91.220(1) (1,2,4) .................... ............................... 48 City of Bakersfield - Annual Action Plan 1 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC A GENDA PACKET FAG 531 e' AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) IIur, l °ur °oduul °iioui'i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Fiscal Year 2017 -18 Action Plan is the third year of the City's Consolidated Plan (ConPlan) 2015 -20. The Plan describes eligible programs, projects and activities to be undertaken with anticipated funds made available in fiscal year 2017 -18. The total estimated funds available for fiscal year 2017 -18 is $5,049,729, which represents $3,260,214 of Community Development Block Grant (CDBG) funds (including program income of $7,000), $1,117,081 of HOME Investment Partnership Program (HOME) funds (including program income of $30,000), $287,896 of Emergency Solutions Grant (ESG) funds, and $384,538 Housing Opportunities for Persons with AIDS ( HOPWA) funds. All proposed activities' budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts as determined by HUD. The projected use of funds above corresponds to the needs assessment and priorities identified in the ConPlan. General priority categories of housing, homelessness, special needs, and community development (along with their related goals) are addressed in the proposed activities. These activities estimate the number and type of families that will benefit from the proposed Plan. The projected "use of funds" identifies proposed accomplishments and target dates for completion. The Action Plan also provides information related to the proposed geographic distribution of investment, homeless and other community development needs, and other actions to address obstacles in meeting underserved needs and reduce poverty. This Action Plan can also be found at the City's Web site at www.bakersfieldcity.us > "Government" > "Departments" > "Community Development" > "Economic Development & Housing Services" > "Grants, Housing, and Public Improvements." Suuim uim our °Gino l °IllIo olll3I,Gioos our ° ,iU oul ouimwios GiU'our° l °GrlGioU Giur° l °Ill,mo III " ,IIllour° . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . .III . . . . . . . . . . . . . . . . . . . . . . y e s . . . . . . . . . . . . . . . ....... . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . By combining HUD's recommended three core objectives and outcomes, the City has incorporated nine outcome statements into consolidated planning efforts. These nine outcome statements with specific objectives below reflect the ConPlan goals and objectives for guiding the future planning and funding of the CDBG, HOME, ESG, and HOPWA activities over the ConPlan's five -year planning horizon. The specific projects associated with annual objectives are provided in detail in Section AP -35 of this document. Each specific annual objective has been assigned a letter and number code provided by HUD (i.e. DH -1, DH -2, etc.). The City of Bakersfield proposes to address the following objectives for FY 2017 -18: ooGilllolllu6illl6rl° uuo GillluGilllGrl lour° 1,h2 y[R,222 0l CPHII 1111 With FY 2017 -18 funding, the City of Bakersfield will provide assistance to seven households for the purpose of making those units accessible under the Home Access Grant Program. In addition, access and accessibility to housing are funded from both Rapid Re- housing (ESG) and HOPWA programs. ($40,000 CDBG, $93,568 ESG, $373,002 HOPWA) City of Bakersfield - Annual Action Plan 2 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 532 ffour" IIblllliI, lour° 1 °Ill o uYER "o,so of uur °ooiiUiiur° ouourw�l Illmousiiur° I III° °111 2 ...................................................... Y.......................................... 1................ 1......................................... JIL.......................................... 0.................................................................................... 0.. ............................... Using HOME and CHDO funds, the City of Bakersfield anticipates assistance to construct or rehabilitate forty -four affordable rental units to provide housing for low- and moderate - income households. $1,005,373 HOME) SuslaII'lallbiilllil° lour° 1 °Ill�o uuur °uoso of uur °ooiiUiiur °� ouour °n1 Illmousiiur °� VIII° °III S Y ........................................... 1................ 1.....,.................................... 1.......................................... 0............,....................................................................... 0... ............................... In 2017 -18, the City of Bakersfield will offer sustainability for decent housing by providing funding to the Fair Housing Program for education, intake, screening, counseling, testing and mediation. ($100,000 CDBG) ooiilllollluiilllirl° uuo iillluiilllirl° lour° 1 °Ill o uu[p2 e of cur °oo1 °iiii'i suit °ollblllo Illiioiiur° our° oiiur °our °nuiu our °n1 °s SIII t Y ................................................................. Y........................................... IIL............... 1................................................................................. 0......................................................................... 2.......................................................................... ............................... . The City of Bakersfield will contract with service providers to assist homeless persons or persons at -risk to become homeless, and provide case management, housing counseling, and information referral services to those individuals. In addition, public services will be provided for low- income seniors at a senior center. ($172,736 ESG, $85,000 CDBG) °four °U'ollbiilllirl° dour° 1 °Ill o ug[po e of cur °oo1 °iiur�i suilollblllo Illiioiiur° our° oiiur °our °nuiu our °n1 SIII 2 Y .......................................... 1................ 1................................................................................. 0...................,,..,,................,,..,,..,..,,.............,..... 0..................................................................... ............................... This outcome is not funded in FY 2017 -18. Susloiiurlollbiilllit lour° 1 °Ill o uuur °uoso of uur °ooiiUiiui° o suirlolllulllo Illiioiiui° oui° oiiur °oui° uim oui° 1 SIII S Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In FY 2017 -18, the City proposes funding six public improvement projects and two community service projects. These activities will address key community issues through improvements and services which will be provided in low- and moderate - income neighborhoods. ($2,047,236 CDBG) ooiilllollluiilllirl° uuossiillluiilllirl° lour° Y. ................................................................ Y........................°. ....... . .... . ....... ... ........... . I` .... O t 1 . o ..... Iuuur° u.oso ....of uur °ooiUii ... ........ uou om i. u uoTu.0 iY. .. . This outcome is not funded in FY 2017 -18. °dour °Uollluiilllirl° lour° 1 °Ill o ug[uoso of uu,oyjd1iui° ououi° ouimiiiu O u uour °1 °uui °�ir1° O 2 ...................................................................................................................................................... IIL..................................................................................................................... IIL..... IIL......................................... ............................... This outcome is not funded in FY 2017 -18. Susloiiur ollluiilllirl° lour° 1 °Ill o uuur° uoso of uur °ooiiUiiui° ououi° ouim iiu o u uourTuui° irI O 3 Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . . L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This outcome is not funded in FY 2017 -18. Lyg 111..2.2.:) „Iiio iiii:'1.... ('...1 .2.:) "....1 ........doi,!IT1.2.1!!'1.2:. . Each year, HUD assesses the City of Bakersfield's management of CDBG, HOME, ESG and HOPWA program funds, the City's compliance with the ConPlan and the extent to which the City is preserving and developing decent affordable housing, creating a suitable living environment and expanding economic opportunities. Over the past year, and moving forward the City has been working with HUD to improve a number of program components, including but not limited to: • Citizen Participation - staff is developing and implementing enhanced citizen participation procedures, while working toward a goal of connecting with 1000 persons through the Action Plan, Consolidated Annual Performance and Evaluation Report, and Fair Housing processes, with an emphasis on ensuring participation from persons with diverse racial /ethnic backgrounds, persons with disabilities, and female heads of households. During the FYI 6-17 program year, City of Bakersfield - Annual Action Plan 3 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 533 Economic Development staff attended six outreach meetings, soliciting feedback from 225 community members about their needs and desires for the community. • Language Access - The City has created a Language Access Plan which has been incorporated into the practices associated with HUD funded activities. The City will strive to ensure verbal and written communication will be made available to all persons. • Accessibility - The City is developing methods by which HUD - funded activities will be actively monitored for accessibility. Likewise, the City is updating its ADA Transition Plan for city facilities. This year the City of Bakersfield developed an ADA self- reporting form for HOME projects to begin tracking the number of ADA units offered within out projects as well as monitoring the accessibility of our facilities. • Fair Housing - The City has and will continue to enhance the Fair Housing Program, including improving Fair Housing Services and actions to comply with the Affirmatively Furthering Fair Housing Rule. More specifically, the City has contracted with an outside Fair Housing Services provider to increase Fair Housing education, outreach, testing, and referral services, monitoring of unfair /predatory lending practices, training for apartment owner /manager associations on Fair Housing laws, and local Fair Housing workshops to educate the public about Fair Housing rights. Suuiz uiz cur° of Ql °lizeur °n III" curTGi Gi zcl °Giour° III' ur °ozess cur° U' tour °isullllcl °Giour °i zor°ozess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City staff developed a detailed Citizen Participation Plan that is part of the ConPlan. As required by HUD, citizens, nonprofits and community residents were provided adequate opportunity to review and comment on the original Citizen Participation Plan and on substantial amendments. The purpose of the Citizen Participation Plan is to encourage citizens, particularly low- to moderate - income residents, to participate in the development of the Action Plan, any substantial amendments to the Action Plan and the CAPER. Citizens were engaged through community meetings, surveys, public hearings and individual meetings. The primary goals of the city's citizen participation process are to: • Generate significant public participation particularly from extremely low, very low and low income persons, persons with diverse racial and ethnic backgrounds, persons with disabilities, female heads of households, and groups residing within various areas of the City where program funds will be used. • Gather data that accurately describe and quantify housing and community development needs and to suggest workable solutions. • Obtain comments on proposals for allocating resources. City of Bakersfield - Annual Action Plan 4 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 53 A summary of the Action Plan was published on April 7, 2017 in English in the Bakersfield Californian and in Spanish in the El Popular newspapers for a 30 -day review period. The notice identifies six public libraries, City offices and the City website where the proposed Action Plan will be available for review. The notice invites public attendance to a community meeting, on April 25, 2017 at the Housing Authority of the County Kern's Community Room at 1001 Baker Street. At the meeting, staff will discuss the CDBG, HOME, ESG and HOPWA programs, the ConPlan, Analysis of Impediments to Fair Housing, Citizen Participation Plan, the application process, and proposed activities for next fiscal year. The City actively encourages participation from low- and moderate - income residents, minorities, those with disabilities and non - English- speaking residents to attend community meetings and hearings. In accordance with the Citizen Participation Plan, the City will provide translation services to any resident who requires services at all hearings and meetings, to ensure accessibility at meeting locations. Please see attachment for a list of comments received so far from the City's outreach efforts. This list will be updated with comments received at the end of the 30 day public review period. Suui ui ur° 01 coirnirneii,fls our, views ur,io1 vve 10 ' q ur °id 11he ur°e sour °was lour, ur,io1 a,c ve 1j,11 1 °he,i j To be added after comments received at the end of the 30 day public review period. City of Bakersfield - Annual Action Plan 5 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 535 PR -05 Lead & Responsible Agencies - 91.200(b) cur° cur °n1 °Gr1° ur °c Maur° Gillllllc laur° cur °c Maur °Giur° aUuim Giur °Gi lcur °Giur° 1 °Illmc Caur° cIIIGiUc1cU III "Incur° .... .....2 .......................2. �......................... 7................... JIL..................................... .............. .......... .............JIL............... .111.........................0. .................................................................... 0............................................................................................... ............................... Table 1 - Responsible Aaencies Agency Role Name Department /Agency CDBG Administrator BAKERSFIELD Community Development Department HOPWA Administrator BAKERSFIELD Community Development Department HOME Administrator BAKERSFIELD Community Development Department ESG Administrator BAKERSFIELD Community Development Department III a ur °ur °a'1 °iiivc The City of Bakersfield is the responsible agency for all Housing and Urban Development funding programs described in the Action Plan. The City's Community Development Department staff implements the programs. Caur °isaIIHdaled III" Illauri III "'uIII IIH Caur°�1a 1 Illur °n1aur °uim al °Giaur° . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For comments and questions related to the City of Bakersfield's Consolidated Plan or Annual Action Plan, please contact Hayward Cox, Community Development Coordinator at hcox @bakersfieldcity.us, 661- 326 -3765 or by mail at: City of Bakersfield, Community Development Department, Attn: Hayward Cox, 1715 Chester Avenue, Bakersfield, CA 93301. City of Bakersfield - Annual Action Plan 6 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FAG 536 AP -10 Consultation - 91.100, 91.200(b), 91.2150) III ur °w� 1 °ur °o U' a 1 °Gio ur °� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This section covers consultation with organizations, agencies and collaboratives for the 2015 -20 ConPlan, and the 2017 -18 Action Plan. Further outreach efforts can be found in Section AP -12 of this document. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) Consolidated Plan Coordination In preparing the Consolidated Plan and subsequent Action Plans, the City hosted several community meetings that brought together City leaders, community organizations, service providers, housing providers, and residents in order to gain input on the needs of the City. A list of participants can be found in Tables PR -2 through PR -4 of the ConPlan, and in Section AP -12 of this Action Plan. In conducting meetings, the City had the goal of providing a space where agencies could share needs, as well as create coordinated bonds to accomplish their missions. Input shared at these meetings helped to create the City's Strategic Plan for the years 2015 -20 as well as more detailed activities planned for each Action Plan. Coordination with the CoC City staff is an active member of the Kern County Homeless Collaborative (KCHC) which serves as the local Continuum of Care. The KCHC is a network of nonprofit service providers, private and public housing providers, healthcare providers, policymakers, businesses, charitable and faith -based organizations, volunteers and homeless or formerly homeless individuals working together to put an end to homelessness in Kern County. The City collaborates closely with the KCHC to create priorities and outcome measures that directly affect projects included in the ConPlan and Action Plans. In serving the homeless population, the City supports the Kern County Homeless Collaborative Coordinated Entry and Assessment approach. This approach is a standardized plan for the entire KCHC which incorporates tools, processes, policies and HUD CoC and ESG requirements to maximize efficient and ethical intervention, and service provider connectivity. Service providers share one point of entry for services, ensuring people who are homeless or who are at risk for homelessness are served and /or housed as quickly and efficiently as possible. Participants in the City's ESG grants participate in the KCHC and the Coordinated Entry and Assessment approach. The Kern County Homeless Collaborative utilizes the data collection system HMIS to collect, analyze and report on homeless programs and projects. In this shared system, homeless service providers collaborate to ensure the best approach to meeting client needs. KCHC`s HMIS lead agency is the Kern County Mental Health Department who provides members of the collaborative with HMIS training and data analysis. All ESG grantees are required to use the HMIS data collection system in coordination with the KCHC. ESG grantees extract ESG data from HMIS to use in the City of Bakersfield's yearly CAPER. City of Bakersfield - Annual Action Plan 7 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FAG 537 Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City is an active member of the Kern County Homeless Collaborative, (KCHC) which serves as the local Continuum of Care. The City and the KCHC work collaboratively to assess the needs of homeless persons though data collection, community input, priority setting for ESG grants, and performance evaluation of ESG sub - grantees. City ESG Sub - grantees are required to be part of the KCHC and participate in the Coordinated Entry Process and HMIS data collection system. It is the policy of City's Community Development Department to regularly have staff representation at KCHC meetings. The KCHC is a valuable source of community outreach, and the City works with the collaborative to distribute Notice of Funding Availability of City HUD funds, Action Plan and CAPER notices, community input surveys, and public outreach flyers including postings at homeless shelters and public /private housing providers. To ensure proper representation in decision - making, the KCHC Governance Committee includes at least one representative from the Homeless or Formerly Homeless Population; one Veterans Affairs /Homeless Veterans Service Provider Representative; and one McKinney -Vento Liaison /Local Education Agency Representative /or Educational Services to Homeless Children & Youth Representative. In addition, the City of Bakersfield's Consolidated Plan relied on input from the KCHC, the 10 -Year Plan to End Homelessness and the 2017 Homeless Census Report to document the needs of chronically homeless individuals, families, veterans, and unaccompanied youth, as well as persons at risk of becoming homeless. These needs became part of the City's Strategic Plan and are reflected in the way the City awards ESG funds. City ESG Sub - grantees are required to be part of the KCHC and participate in the Coordinated Entry Process and HMIS data collection system. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Allocating Funds The City consults with the Continuum of Care annually to determine funding priorities. This year, surveys were distributed to members of the CoC in the winter of 2016 to obtain input regarding the most effective use of ESG funds. More specifically, recipients were asked to rank listed ESG - eligible activities based on how each organization felt funding would most effectively be spent. Survey results indicated that responding CoC agencies felt Emergency Shelter and Rapid Re- Housing activities would be the most effective use of ESG funding. Developing Performance Standards and Evaluations Outcomes and performance measures of ESG grantees are developed and evaluated in coordination with the CoC Planning and Performance Committee of the Kern County City of Bakersfield - Annual Action Plan 8 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FAG 538 Homeless Collaborative. Together, the City and the CoC Planning and Performance Committee examined the performance of previous years' ESG activities in order to make a determination regarding the approximate number of individuals that could reasonably be served by the program; funds are then allocated accordingly. The City of Bakersfield will continue to work with the CoC regarding the development and standardization of ESG performance indicators. HMIS The Kern County Homeless Collaborative utilizes HMIS to collect, analyze and report on homeless programs and projects. The KCHC `s HMIS lead agency is the Kern County Mental Health Department who provides members of the collaborative with HMIS training and data analysis. All ESG grantees are required to use the HMIS data collection system in coordination with the KCHC. ESG grantees extract ESG data from HMIS and provide it to the City to include in the yearly CAPER. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities See following table. City of Bakersfield - Annual Action Plan 9 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FAG 539 Table 2 - Aaencies, arour)s, organizations who participated 1 Agency /Group /Organization Housing Authority of Kern County Agency /Group /Organization Type Housing PHA Services - Housing Services - Children Services - Elderly Persons Services - Persons with Disabilities Services - Persons with HIV /AIDS Services - Victims of Domestic Violence Services - homeless Publicly Funded Institution /System of Care Other government - County What section of the Plan was addressed by Housing Need Assessment Consultation? Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non - Homeless Special Needs HOPWA Strategy Briefly describe how the City coordinated with the Housing Agency /Group /Organization was consulted. What Authority regarding the provision of are the anticipated outcomes of the consultation affordable housing. or areas for improved coordination? 2 Agency /Group /Organization Kern County Homeless Collaborative Agency /Group /Organization Type Services- Victims of Domestic Violence Services- homeless Service -Fair Housing Planning organization What section of the Plan was addressed by Housing Need Assessment Consultation? Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy HOPWA Strategy City of Bakersfield - Annual Action Plan 10 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC A GENDA FAACKET FAG 54 0 City of Bakersfield - Annual Action Plan 1 1 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC A GENDA FAACKET FAG 541 Briefly describe how the The City consulted the Kern County Agency /Group /Organization was consulted. What Homeless Collaborative as the area are the anticipated outcomes of the consultation Continuum of Care regarding or areas for improved coordination? coordination efforts to transition people from homelessness. 3 Agency /Group /Organization Greater Bakersfield Legal Assistance, Inc. Agency /Group /Organization Type Service -Fair Housing Regional organization Planning organization What section of the Plan was addressed by Housing Need Assessment Consultation? Public Housing Needs Briefly describe how the The City consulted GBLA regarding the Agency /Group /Organization was consulted. What provision of Fair Housing Services and are the anticipated outcomes of the consultation ways to assess and affirmatively further or areas for improved coordination? fair housing. 4 Agency /Group /Organization Kern County Public Health Services Department - Health Assessment and Epidemiology Agency /Group /Organization Type Housing Services- Persons with HIV /AIDS Services - Health Other government - County Regional organization Planning organization What section of the Plan was addressed by Housing Need Assessment Consultation? HOPWA Strategy Briefly describe how the The City consulted Kern County Public Agency /Group /Organization was consulted. What Health on the approach to effectively are the anticipated outcomes of the consultation provide housing stability for persons with or areas for improved coordination? HIV /AIDS. 5 Agency /Group /Organization Bakersfield Senior Center Agency /Group /Organization Type Services- Elderly Persons What section of the Plan was addressed by Non - Homeless Special Needs Consultation? Briefly describe how the The City consulted with Bakersfield Agency /Group /Organization was consulted. What Senior Center regarding providing are the anticipated outcomes of the consultation services to local seniors. or areas for improved coordination? City of Bakersfield - Annual Action Plan 1 1 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC A GENDA FAACKET FAG 541 Identify any Agency Types not consulted and provide rationale for not consulting The City did not intentionally omit any particular group or organization from consultation. Other local /regional /state /federal planning efforts considered when preparing the Plan Table 3 - Other local / regional / federal nlannina efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of United Way of The City's approach to eliminating chronic homelessness Care Kern County includes supporting the Kern County Homeless Collaborative in its strategy to prevent homelessness, develop increased housing resources, and provide early, intensive intervention for people who are chronically homeless. The City is an active member and regularly attends CoC meetings. The City also collects valuable input from collaborative members on ESG funding priorities and evaluation of ESG programs. a ur °ur °a l °hive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The City of Bakersfield makes grant funding opportunities available to all interested parties. A Notice of Funding Availability is published each September regarding the availability of grant information, and notice is sent to a list of known service providers, community based organizations, individual City departments, and any other person or entity that has expressed interest in the program. Staff is available year -round to provide technical assistance to interested parties regarding the completion and submittal of project applications, information on City entitlement programs, and to meet about current needs in the community. All applications, including those submitted by City departments, are reviewed, qualified, and scored by Community Development staff on an equal basis for consideration by the Budget and Finance Committee of the City Council for inclusion in the Annual Action Plan for project funding. Additional outreach can be found in Section AP -12 of the Action Plan. City of Bakersfield - Annual Action Plan 12 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FCC 542 AP -12 Participation - 91.105, 91.200(c) Suuiznuiznour °iize zitiizeur °n ur °l °iizii col °hour° zur °ozess cur° U Illmo irl iiuizn zleU o ! sel°f''1 JIL ............................... JIL.................................... 1...................................................................................................................... JIL......................................... 0........................ .............................2. City staff developed a detailed Citizen Participation Plan that is part of the ConPlan 2015 -20. As required by HUD, citizens, nonprofits and community residents were provided adequate opportunity to review and comment on the original Citizen Participation Plan and on substantial amendments. The purpose of the Citizen Participation Plan is to encourage citizens, particularly low- to moderate - income residents, to participate in the development of the Plan, any substantial amendments to the Plan and the performance report. Citizens were engaged through community meetings, surveys, public hearings and individual meetings. The primary goals of the City citizen participation process are to: • Generate significant public participation particularly from extremely low, very low and low- income persons, persons with diverse racial and ethnic backgrounds, persons with disabilities, female heads of households, and groups residing within various areas of the City where program funds will be used. • Gather data that accurately describe and quantify housing and community development needs and to suggest workable solutions. • Obtain comments on proposals for allocating resources. As a part of aligning with our Citizen Participation Plan goals, a summary of the Action Plan was published on April 7, 2017 in English in the Bakersfield Californian and in Spanish in the El Popular newspapers for the 30 -day review period. The notice identifies six public libraries, City offices and the City website where the proposed Action Plan is available for review. The notice invites community attendance to a public meeting, which will be held on April 25, 2017. In accordance with the Citizen Participation Plan, the City will provide translation services to residents who request such services at the meeting and future hearings while ensuring meeting locations are accessible. At the April 25, 2017 meeting, staff will be available to discuss the CDBG, HOME, ESG and HOPWA programs, the ConPlan, Analysis of Impediments to Fair Housing, Citizen Participation Plan, and proposed activities for next fiscal year. As part of our commitment to reaching the residents we serve, the City of Bakersfield will be hosting our outreach meeting at the Baker Street Village Community Room. This event space is located within one of our HOME - assisted housing projects and is surrounded by multiple qualifying low -mod census block groups, providing convenient access for the clientele served by our funds to be engaged in the Action Plan process and provide input on the most impactful use of HUD funds. City of Bakersfield - Annual Action Plan 13 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FAG 543 . iii .l „lii...lii':i.....IIC!giI' lil.:.Iii.1 . „ iii. iii:'i.... . '.:!'III'' ....IIb Table 4 - Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response /attendance Summary of comments received Summary of comments not accepted and reasons 1 Public Minorities Staff will be presenting To be entered To be entered Hearing the Draft Action Plan to after 30 day after 30 day Non - English the Bakersfield City comment comment Speaking- Council on May 10th, period. period. Specify other 2017. Community language: members who provided Spanish input through our outreach efforts will be Persons with notified of the hearing disabilities and encouraged to come and provide Non- additional input. targeted /broa d community Residents of Public and Assisted Housing 2 Public Minorities The City will hold a To be entered To be entered Meeting meeting to discuss the after 30 day after 30 day Non - English Annual Action Plan on comment comment Speaking- April 25, 2017. Staff will period. period. Specify other be available to discuss language: the CDBG, HOME, ESG Spanish and HOPWA programs, the ConPlan, Analysis of Persons with Impediments to Fair disabilities Housing, Citizen Participation Plan, and Non- proposed activities for targeted /broa next fiscal year. d community Residents of Public and Assisted Housing Homeless Individuals City of Bakersfield - Annual Action Plan 14 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FCC 544 Sort Mode of Target of Summary of Summary of Summary of Order Outreach Outreach response /attendance comments comments not received accepted and reasons 3 Newspaper Non - English A Notice of availability to To be entered To be entered Ad Speaking- review and comment on after 30 day after 30 day Specify other the Draft Annual Action comment comment language: Plan was be published in period. period. Spanish both the Bakersfield Californian newspaper Non- and El Popular Spanish targeted /broa language newspaper on d community April 7, 2017. 5 Internet Minorities Notice of availability to To be entered To be entered Outreach review and comment on after 30 day after 30 day Non - English the Draft Annual Action comment comment Speaking- Plan will be sent to the period. period. Specify other Kern County Homeless language: Collaborative, local Spanish Chambers of Commerce, local Non - Persons with Profits and to disabilities participants of City HUD Outreach events Non- through established targeted /broa email lists. d community Residents of Public and Assisted Housing Homeless Service Providers b Flyers Minorities Flyers (both English and To be entered To be entered Spanish) containing a after 30 day after 30 day Non - English summary of this year's comment comment Speaking- Action Plan and period. period. Specify other information regarding language: upcoming meetings and Spanish hearings to discuss City HUD Programs will be Persons with posted at various disabilities locations that represent minorities, persons with Residents of disabilities, residents of Public and public assisted housing, Assisted and the homeless Housing community. Homeless Individuals and Service Providers City of Bakersfield - Annual Action Plan 15 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FAG 545 Sort Order Mode of Outreach Target of Outreach Summary of response /attendance Summary of comments received Summary of comments not accepted and reasons 7 Public Minorities City staff attended six Of the public To be entered Meeting outreach events since comments, the after 30 day Persons with the beginning of the most common comment disabilities 16117 program year. In needs that were period. total, staff received prioritized were Residents of feedback from 225 as follows:- Street Public and residents. Community improvements - Assisted residents were presented Job creation - Housing with a chart of programs Job training - that our HUD funds could Youth centers - be used for and were Tree planting - asked to select their top Mental health 5 priorities for the use of services- Street those dollars. Responses lighting - were received from a Homeownership wide range of residents, assistance including racial /ethnic minorities, non - English speaking residents, female heads of households, and persons with disabilities. City of Bakersfield - Annual Action Plan 16 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC A GENDA FAACKET FAG 54 6 Expected Resources AP -15 Expected Resources - 91.220(c) (1, 2) II ur, l °ur °o ' a l °ii o uI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The City of Bakersfield anticipates $5,049,729 available for projects through entitlement grant programs and program income. Specifically, the city anticipates the following breakdown by grant source: • CDBG: $3,260,214 (inclusive of $7000 program income) • HOME: $1,117,081 (inclusive of $30,000 program income) • HOPWA: $384,538 • ESG: $287,896. Table 5 - Exnecfed Resources - Priorifv Table Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative Description Annual Program Prior Year Total: Allocation: Income: Resources: $ Available $ $ $ Reminder of ConPlan $ CDBG public Acquisition Accounts for federal Admin and actual Planning anticipated Economic HUD award. Development Assumes Housing $7,000 annual Public program Improvements income over Public Services the five -year period. Prior year resources are being reviewed for availability in 3,253,214 7,000 0 3,260,214 6,520,428 FY 17/18. City of Bakersfield - Annual Action Plan 17 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC A GENDA FAACKET FAG 54 7 Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Annual Program Prior Year Total: of Funds Amount Description Allocation: Income: Resources: $ Available $ $ $ Reminder of ConPlan $ HOME public Acquisition Accounts for federal Homebuyer actual assistance anticipated Homeowner HUD award. rehab Assumes Multifamily $30,000 rental new annual construction program Multifamily income over rental rehab the five -year New period. Prior construction for year ownership resources are TBRA available only in FY 17/18. 1,087,081 30,000 0 1,117,081 2,234,162 HOPWA public - Includes the federal City of Bakersfield FY17 -18 HOPWA funding and assumes 2 total years of funding at a similar amount. 384,538 0 0 384,538 769,076 ESG public Conversion Accounts for federal and rehab for actual transitional anticipated housing HUD award. Financial Assistance Overnight shelter Rapid re- housing (rental assistance) Rental Assistance Services Transitional housing 287,896 0 0 287,896 575,792 City of Bakersfield - Annual Action Plan 18 OMB Control No: 2506 -0117 (exp. 07/31/2015) 0.x/1 /17 CC AGENDA PACKET FCC 548 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Applicants for CDBG, HOME, ESG and HOPWA funds are rated on the percentage of assistance they are requesting from the City of Bakersfield. The City of Bakersfield gives preference to applicants that have other funds available to complete the project; and preferably, federal funds comprise less than 50 percent of the total project budget. The lower the percentage required from federal funds, the more points the proposal receives. The CDBG Program does not require matching funds, although, in most instances, additional funds are required to make a project feasible to implement. Both the HOME and ESG programs require a match. There is no federal match requirement for HOPWA; however, project sponsors report leveraged funds. Due to the nature of the program, leveraged funds are typically nominal. In the five -year period of the 2010 -15 ConPlan, the City reported leverage of $2.21 to every $1 of HUD funds. More recently, according to the 2015 -2016 CAPER, the City leveraged $1.44 to every $1 of HUD funds during the corresponding Action Plan year. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Streets, curb, gutter, sidewalks and drainage systems are part of the City's infrastructure that require improvements for FY 2017/18. This Action Plan has identified the following four right -of -way infrastructure improvement projects funded through the CDBG program: • Baker Street /Old Town Kern Area Curb, Gutter, Sidewalk and Reconstruction: Project area generally bounded by Beale Ave., Flower St., Owens St., Pacific St., Haley St., Monterey St., Brown St., Niles St., Virginia St., and Kentucky St. • La France Area Curb, Gutter, Sidewalk and Reconstruction: Project area generally bounded by South H St., Ming Ave., El Toro Dr., Highway 58, Chester Ave., and Belle Terrace. • Oleander Area Curb, Gutter, Sidewalk and Reconstruction: Project area generally bounded by A St., California Ave., Chester Ave., and Verde St. • Union /Brundage Area Curb, Gutter, Sidewalk, Drainage Improvements and Reconstruction: Project area generally bounded by 4th St. Union Ave., Brundage Ln, and P St. Likewise, the City will improve the year -round viability of two parks in low- and moderate - income areas. The first, Stiern Park, will receive much needed ADA improvements (including the addition of playground safety surfacing, new sidewalks and sidewalk cuts, and reconstruction of the parks driveway). The second park, Lowell Park, will receive ADA improvements around the park and improvements to its picnic area (including the addition of new sidewalks, sidewalk cuts, demolition and reconstruction of the picnic areas concrete pad) and the purchase and installation of a new shade structure and picnic tables. City of Bakersfield - Annual Action Plan 19 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC A GENDA FAACKET FAG 54 9 In addition, debt service will be paid on two Section 108 Loan Repayments. The first is for a street improvement in Southeast Bakersfield. The second is for improvements to two swimming pools, construction of a wet play area, and construction of a downtown swimming pool. IIliiis ussiiiour °� In addition, the City of Bakersfield anticipates funds to be leveraged from other non - entitlement resources that include, but are not limited to: • Low Income Housing Tax Credits (LIHTC) - New housing construction or residential rehabilitation programs funded in part with City of Bakersfield entitlement funding may leverage LIHTC. Federal 4 percent and 9 percent LIHTC are a likely principal source of funding in the construction or rehabilitation of affordable rental housing units, and are a dollar- for - dollar credit against federal tax liability for the tax credit investor. • Section 8 Housing Choice Vouchers - the Housing Authority of the County of Kern administers the Section 8 program within the City of Bakersfield. Section 8 funds provide rent subsidies to assist in housing affordability within the rental housing market. • Continuum of Care Funding (CoC) - The Kern County Homeless Collaborative, acting as the Continuum of Care for Kern County, receives funding directly from HUD to support efforts to end homelessness by providing housing and support services to families and individuals experiencing homelessness. In December 2016, HUD awarded the CoC $5.47 million in funding. City of Bakersfield - Annual Action Plan 20 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 550 AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3) &(e) oa21i.......2.l1 l!R 1.2.!! ....1iii °1 01111 lii l.2.tii iii °l. Table 6 - Goals Summary Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Decent and 2015 2019 Affordable City of Preserve /Ex CDBG: Public service Affordable Housing Bakersfield pand $140,000 activities other Housing Homeless Decent, HOPWA: than Non - Homeless Accessible, $373,002 Low /Moderate Special Needs Affordable HOME: Income Housing Hsg $1,005,373 Benefit: 200 ESG: Persons Assisted $93,568 Rental units constructed: 42 Household Housing Unit Rental units rehabilitated: 2 Household Housing Unit Homeowner Housing Rehabilitated: 7 Household Housing Unit Tenant -based rental assistance / Rapid Rehousing: 46 Households Assisted Housing for people with HIV /AIDS: 115 HIV Housing Operations: 20 2 Community 2015 2019 Non - Housing City of Create /Ret CDBG: Public Facility or and Economic Community Bakersfield ain /Attract $574,192 Infrastructure Development Development Community Activities other & Economic than Develop Low /Moderate Income Housing Benefit: 13200 Persons Assisted Public service activities other than Low /Moderate Income Housing Benefit: 19080 Persons Assisted City of Bakersfield - Annual Action Plan 21 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 551 Sort Goal Name Start End Category Geographic Needs Funding Goal Outcome Order Year Year Area Addressed Indicator 3 Public 2015 2019 Non - Housing City of Improve CDBG: Public Facility or Infrastructure Community Bakersfield Public $1,473,044 Infrastructure and Facility Development Infrastructur Activities other Improvements e & Facilities than Improve Low /Moderate Income Housing Benefit: 10545 Persons Assisted 4 Public Facilities 2015 2019 Affordable City of Improve /Ex CDBG: Public service and Services Housing Bakersfield pand Public $85,000 activities other for Special Non - Homeless Fac & than Needs Special Needs Services Low /Moderate Non - Housing Special Income Housing Community Needs Benefit: 1000 Development Persons Assisted 5 Public 2015 2019 Affordable City of Public ESG: Public service Facilities /Servic Housing Bakersfield Facilities /Ser $172,736 activities other es for Homeless Homeless vices for than & AIDS /HIV Non - Homeless Homeless & Low /Moderate Special Needs HIV /AIDS Income Housing Non - Housing Benefit: 220 Community Persons Assisted Development Overnight /Emerg ency Shelter /Transition al Housing Beds added: 600 Beds HIV /AIDS Housing Operations: 150 City of Bakersfield - Annual Action Plan 22 OMB Control No: 2506 -0117 (exp. 07/31/2015) 0.x/1 /17 CC AGENDA PACKET FCC 552 Table 7 - Goal Descriptions 1 Goal Name Decent and Affordable Housing Goal Preserve existing decent, accessible and affordable housing, increase the supply of Description affordable housing and provide homeownership and rental opportunities for lower - income residents in the City. 2 Goal Name Community and Economic Development Goal Support community and economic development opportunities by creating, retaining Description and attracting businesses and jobs that will improve the economic health of low -and moderate - income areas. 3 Goal Name Public Infrastructure and Facility Improvements Goal Improve and expand the City's existing public infrastructure (streets, sidewalks, Description curb /gutters, street fixtures, drainage systems, and sewer /water systems) and public facilities (parks and recreational facilities, community centers, public healthcare centers) in low -and moderate - income areas. 4 Goal Name Public Facilities and Services for Special Needs Goal Improve and increase facilities and services to create suitable living environments for Description non - homeless persons with special needs. These include facilities and their programs that service the young, seniors, large families, persons with disabilities and farmworkers. 5 Goal Name Public Facilities /Services for Homeless & AIDS /HIV Goal Providing emergency shelters and transitional and supportive housing Description opportunities. Improve and increase public services to end chronic homelessness and treat persons with HIV /AIDS. Estimate the number of extremely low- income, low- income, and moderate - income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b): In FY 2017 -18, the City of Bakersfield will provide affordable housing, as defined by HOME 91.215(b) to a minimum of 7 households. Affordable housing shall be available to 2 extremely low- income households, 3 low- income households, and 2 moderate - income households. City of Bakersfield - Annual Action Plan 23 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 553 AP -35 Projects - 91.220(d) III ur °w�1 °ur °oU' a 1 °Gio ur °� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The ConPlan identifies five goals to address the City's housing and community development needs during the five -year period (2015 -20). General priority categories of housing, homelessness, special needs, and community development needs and their associated goals are addressed in the various activities to be undertaken. The following Action Plan 2017 -18 projects estimate the number and type of families that will benefit from the proposed activities, including special local objectives and priority needs. The Action Plan also provides information related to the proposed geographic distribution of investment. It includes a general description of homeless and other community development needs, activities to be undertaken, and other actions to address the obstacles in meeting underserved needs and reducing poverty. The proposed budget for the City's third year of the Action Plan is based on the HUD allocation of federal funds to the City in the previous year. It is anticipated that HUD will allocate a total of $5,012,729 of federal funds to the City, which are distributed as follows: • CDBG - $3,253,214 • HOME - $1,087,081 • ESG - $287,896 • HOPWA - $384,538 Within the resources detailed above, the City anticipates utilizing $796,878 for planning and administration related to program delivery of entitlement grant programs. Specifically, the City anticipates the following breakdown of costs associated with administration: • CDBG - $652,042 • HOME - $111,708 • ESG - $21,592 • HOPWA - $11,536 The City also anticipates utilizing 20% of CDBG program income, 10% of HOME program income for planning and administration; and 3% of HOPWA for administrative costs. City of Bakersfield - Annual Action Plan 24 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 554 Table 8 - Proiecf Information # Project Name 1 Bakersfield Senior Center Public Services 2 Fair Housing Program Services 3 Community Relations Officers 4 Section 108 Loan Repayment for $800,000 of Public Facilities 5 Section 108 Loan Repayment for $4.1 Million of Public Facilities 6 General Management and Oversight 7 Home Access Grant Program 8 La France/El Toro Area Curb, Gutter, Sidewalk Reconstruction 9 Union - Brundage Area Curb, Gutter, Sidewalk, Drainage and Reconstruction 10 Oleander Area Curb, Gutter, Sidewalk and Reconstruction 11 Baker /Old Town Kern Curb, Gutter, Sidewalk and Reconstruction 12 Lowell Park ADA Improvements /Shade Structure 13 Stiern Park ADA Improvements /Shade Structure 14 New Construction Assistance 15 CHDO Set Aside 16 HOME Administration 17 H ES 17 Projects 18 2017 -2020 City of Bakersfield CAI 7F013 (BKF) 19 2017 -2020 City of Bakersfield CAI 7F013 (BKF) Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The ConPlan identifies five goals to address the housing and community development needs during the five -year period (2015 -20). General priority categories of housing, homelessness, special needs, and community development needs and their associated goals are addressed in the activities to be undertaken. These activities estimate the number and type of families that will benefit from the proposed activities, including City of Bakersfield - Annual Action Plan 25 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 555 special local objectives and priority needs. In addition, the City takes into account consultation made with organizations, agencies, and residents to further refine priorities. In anticipation of the next year's funding cycle, a Notice of Funding Availability is published each September regarding the availability of grant information, and notice is sent to a list of known service providers, community based organizations, individual City Departments, and any other person or entity that has expressed interest in the program. All applications, including those submitted by City departments, are reviewed, qualified, and scored by Community Development staff on an equal basis for consideration by the Budget and Finance Committee of the City Council for inclusion in the Annual Action Plan for project funding. City of Bakersfield - Annual Action Plan 26 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 556 Projects AP -38 Projects Summary Table 9- Project Summary City of Bakersfield - Annual Action Plan 27 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 557 Project Name Bakersfield Senior Center Public Services Target Area City of Bakersfield Goals Supported Public Facilities and Services for Special Needs Needs Addressed Improve /Expand Public Fac & Services Special Needs Funding CDBG: $85,000 Description Funds for public services for low- income seniors at the Bakersfield Senior Center located at 530 4th Street. Target Date 6/30/2018 Estimate the number 1000 low- income seniors will benefit from this activity. and type of families that will benefit from the proposed activities Location Description Bakersfield Senior Center - 530 4th Street Planned Activities Operation and Maintenance for Senior Center located at 530 4th Street. 2 Project Name Fair Housing Program Services Target Area City of Bakersfield Goals Supported Decent and Affordable Housing Needs Addressed Preserve /Expand Decent, Accessible, Affordable Hsg Funding CDBG: $100,000 Description Public services provided by Greater Bakersfield Legal Assistance to affirmatively further fair housing choice, including education, intake, screening, counselling, testing and mediation. Tar et Date 4/30/2019 Estimate the number 200 low /moderate income people will be assisted with this activity, a portion of and type of families those served may be disabled. that will benefit from the proposed activities Location Description 615 California Avenue, Bakersfield, CA 93304 Planned Activities Public services provided by Greater Bakersfield Legal Assistance to affirmatively further fair housing choice, including education, intake, screening, counselling, testing and mediation. 3 Project Name Community Relations Officers Target Area Goals Supported Community and Economic Development City of Bakersfield - Annual Action Plan 27 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 557 City of Bakersfield - Annual Action Plan 28 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 558 Needs Addressed Create /Retain /Attract Community & Economic Develop Funding CDBG: $302,982 Description Community Relations Officers in the Downtown Kern area. Target Date 6/30/2018 Estimate the number 19,080 low /moderate income persons will be served by this project. and type of families that will benefit from the proposed activities Location Description Old Town Kern Area bounded by: Martin Luther King Blvd / Cotton wood Road east, boundary; Casa Loma Blvd / Ming Ave south boundary; SR 178 / Monterey St north boundary; South Chester Ave / Chester Ave west boundary Planned Activities The project funds will be utilized to increase the compliment of Community Relations Officers. They will be assigned to the target footprint exclusively to provide services that will enhance the quality of life for the residents. 4 Project Name Section 108 Loan Repayment for $800,000 of Public Facilities Target Area Goals Supported Needs Addressed Funding CDBG: $53,244 Description Principal and interest on an $800,000 loan for street improvements in Southeast Bakersfield. Target Date 6/30/2018 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description N/A Planned Activities Principal and interest on an $800,000 loan for street improvements in Southeast Bakersfield. 5 Project Name Section 108 Loan Repayment for $4.1 Million of Public Facilities Target Area Goals Supported Needs Addressed Funding CDBG: $282,692 Description Twelfth years principal on $4,100,000 loan to improve two swimming pools, construct a wet play area in the southeast and build a downtown swimming pool. Target Date 6/30/2018 Estimate the number N/A and type of families that will benefit from the proposed activities City of Bakersfield - Annual Action Plan 28 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 558 City of Bakersfield - Annual Action Plan 29 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 559 Location Description N/A Planned Activities Twelfth year's principal and interest on $4,100,000 loan to improve two swimming pools, construct a wet play area in the southeast and build a downtown swimming pool. 6 Project Name General Management and Oversight Target Area Goals Supported Needs Addressed Funding CDBG: $652,042 Description Costs associated with overall program management, coordination, and monitoring of the CDBG program. Target Date 6/30/2018 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description N/A Planned Activities Costs associated with overall program management, coordination, and monitoring of the CDBG program. 7 Project Name Home Access Grant Program Target Area City of Bakersfield Goals Supported Decent and Affordable Housing Needs Addressed Preserve/Expand Decent, Accessible, Affordable Hs Funding CDBG: $40,000 Description Grants up to $3,500 for handicapped accessibility improvements to privately or publicly owned residential structures in neighborhoods. Target Date 6/30/2018 Estimate the number Approximately 7 households will be assisted. and type of families that will benefit from the proposed activities Location Description City Wide Planned Activities Grants up to $3,500 for handicapped accessibility improvements to privately or publicly owned residential structures in neighborhoods. 8 Project Name La France/El Toro Area Curb, Gutter, Sidewalk Reconstruction Target Area Goals Supported Public Infrastructure and Facility Improvements Needs Addressed Improve Public Infrastructure & Facilities Improve Funding CDBG: $272,229 Description Install sidewalk, curb /gutter, handicap ramps, and cross gutters to improve drainage prior to resurfacing /reconstruction in the area generally bounded by South H St., Ming Ave., El Toro Dr., Hwy 58, Chester Ave., and Belle Terrace. City of Bakersfield - Annual Action Plan 29 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 559 City of Bakersfield - Annual Action Plan 30 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 56 Target Date 6/30/2018 Estimate the number 1,385 low /moderate income persons will be served. and type of families that will benefit from the proposed activities Location Description Area generally bounded by: South H St., Ming Ave., El Toro Dr., Hwy 58, Chester Ave., and Belle Terrace. Planned Activities Install sidewalk, curb /gutter, handicap ramps, and cross gutters to improve drainage prior to resurfacing /reconstruction. 9 Project Name Union - Brundage Area Curb, Gutter, Sidewalk, Drainage and Reconstruction Target Area Goals Supported Public Infrastructure and Facility Improvements Needs Addressed Improve Public Infrastructure & Facilities Improve Funding CDBG: $600,815 Description Improve drainage currently causing street failures. Install curb, gutter and sidewalk as needed prior to street reconstruction in the area generally bounded by 4th St., Union Ave., Brundage Lane, and P st. Target Date 6/30/2018 Estimate the number 1600 low /moderate income persons will be assisted with this project and type of families that will benefit from the proposed activities Location Description The area generally bounded by 4th St., Union Ave., Brundage Lane, and P st. Planned Activities Improve drainage currently causing street failures. Install curb, gutter and sidewalk as needed prior to street reconstruction. 10 Project Name Oleander Area Curb, Gutter, Sidewalk and Reconstruction Target Area Goals Supported Public Infrastructure and Facility Improvements Needs Addressed Improve Public Infrastructure & Facilities Improve Funding CDBG: $300,000 Description Improve drainage currently causing street failures. Install curb, gutter & sidewalk as needed prior to street reconstruction in the area generally bounded by A St., California Ave., Chester Ave., and Verde St. Target Date 6/30/2018 Estimate the number 2825 low /moderate income persons will be served by the project. and type of families that will benefit from the proposed activities Location Description Area generally bounded by A St., California Ave., Chester Ave., and Verde St. Planned Activities Improve drainage currently causing street failures. Install curb, gutter & sidewalk as needed prior to street reconstruction. Project Name Baker /Old Town Kern Curb, Gutter, Sidewalk and Reconstruction City of Bakersfield - Annual Action Plan 30 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 56 City of Bakersfield - Annual Action Plan 31 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 561 Target Area Goals Supported Public Infrastructure and Facility Improvements Needs Addressed Improve Public Infrastructure & Facilities Improve Funding CDBG: $300,000 Description Improve drainage currently causing street failures. Install curb, gutter & sidewalk as needed prior to street reconstruction. Area generally bounded by Beale Ave., Flower St., Owens St., Pacific St., Haley St., Monterey St., Brown St., Niles St., Virginia St., and Kentucky St. Target Date 6/30/2018 Estimate the number 4735 low /moderate income persons will be served by the project. and type of families that will benefit from the proposed activities Location Description Area generally bounded by Beale Ave., Flower St., Owens St., Pacific St., Haley St., Monterey St., Brown St., Niles St., Virginia St., and Kentucky St. Planned Activities Improve drainage currently causing street failures. Install curb, gutter & sidewalk as needed prior to street reconstruction. 12 Project Name Lowell Park ADA Improvements /Shade Structure Target Area Goals Supported Community and Economic Development Needs Addressed Create /Retain /Attract Community & Economic Develop Funding CDBG: $132,000 Description Purchase and installation of shade structure and picnic tables for the picnic area and ADA improvements throughout the park. Target Date 6/30/2018 Estimate the number 5,715 low /moderate income persons will be assisted with this project and type of families that will benefit from the proposed activities Location Description Lowell Park, 800 4th Street, Bakersfield, CA 93304. Planned Activities Purchase and installation of shade structure and picnic tables for the picnic area and ADA improvements throughout the park. 13 Project Name Stiern Park ADA Improvements /Shade Structure Target Area Goals Supported Community and Economic Development Needs Addressed Create /Retain /Attract Community & Economic Develop Funding CDBG: $139,210 Description Add playground safety surfacing to the playground area and make ADA improvements throughout the park. Target Date 6/30/2018 City of Bakersfield - Annual Action Plan 31 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 561 City of Bakersfield - Annual Action Plan 32 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 562 Estimate the number 7,295 low /moderate income persons will be served by the project and type of families that will benefit from the proposed activities Location Description Stiern Park, 5201 Monitor Street, Bakersfield, CA 93307 Planned Activities Add playground safety surfacing to the playground area and make ADA improvements throughout the park. 14 Project Name New Construction Assistance Target Area City of Bakersfield Goals Supported Decent and Affordable Housing Needs Addressed Preserve/Expand Decent, Accessible, Affordable Hs Funding HOME: $837,811 Description Housing development costs associated with the acquisition and /or construction of affordable housing. Target Date 6/30/2019 Estimate the number Minimum of 6 low- income households. and type of families that will benefit from the proposed activities Location Description City -wide Planned Activities Gap financing associated with the development of affordable housing. 15 Project Name CH DO Set Aside Target Area City of Bakersfield Goals Supported Decent and Affordable Housing Needs Addressed Preserve /Expand Decent, Accessible, Affordable Hsg Funding HOME: $167,562 Description Loans and /or grants to develop, acquire, rehabilitate, and /or construct affordable single or multi - family housing. Project to be implemented by a qualified Community Housing Development Organization (CHDO). Target Date 6/30/2019 Estimate the number A minimum of 2 low- income households. and type of families that will benefit from the proposed activities Location Description City -wide Planned Activities Gap financing associated with the development of affordable housing. 16 Project Name HOME Administration Target Area Goals Supported Needs Addressed Funding HOME: $111,708 City of Bakersfield - Annual Action Plan 32 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 562 City of Bakersfield - Annual Action Plan 33 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FCC 563 Description Costs related to overall management & coordination of the HOME program. Target Date 6/30/2017 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description N/A Planned Activities Administrative costs associated with the management and coordination of the HOME Investment Partnership Program. 17 Project Name HESG17 Projects Target Area City of Bakersfield Goals Supported Decent and Affordable Housing Public Facilities /Services for Homeless & AIDS /HIV Needs Addressed Preserve /Expand Decent, Accessible, Affordable Hsg Public Facilities /Services for Homeless & HIV /AIDS Funding ESG: $287,896 Description Includes Admin, Outreach, Shelter, and Rapid Re- Housing activities. Target Date 6/30/2018 Estimate the number 600 homeless persons will be provided with Shelter Services, 80 homeless persons and type of families will be provided with Outreach Services, and 20 homeless persons will be that will benefit from provided with Rapid Re- housing Services. the proposed activities Location Description City -wide Planned Activities Includes Administration, Outreach, Shelter, and Rapid Re- Housing activities associated with assisting homeless persons. 18 Project Name 2017 -2020 City of Bakersfield CAI 71`013 (BKF) Target Area City of Bakersfield Goals Supported Decent and Affordable Housing Public Facilities /Services for Homeless & AIDS /HIV Needs Addressed Preserve /Expand Decent, Accessible, Affordable Hsg Public Facilities /Services for Homeless & HIV /AIDS Funding HOPWA: $373,002 Description Rental assistance, emergency assistance, housing counseling and related services to ensure safe and stable housing for persons living with HIV /AIDS. Target Date 6/30/2018 Estimate the number Pending updated information. and type of families that will benefit from the proposed activities Location Description City -wide Planned Activities Activities include: Short -term Rent (STRMU), Tenant -based Rental Assistance (TBRA), Facility -based Housing, Housing Information Services, and Supportive Services. City of Bakersfield - Annual Action Plan 33 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FCC 563 19 Project Name 2017 -2020 City of Bakersfield CAI 7F013 (BKF) Target Area Goals Supported Needs Addressed Funding HOPWA: $11,536 Description Administrative costs related to oversight of HOPWA Program activities. Target Date 6/30/2018 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description N/A Planned Activities Administrative costs related to oversight of HOPWA Program activities. City of Bakersfield - Annual Action Plan 34 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FAG 56 AP -50 Geographic Distribution - 91.220(o Description of the geographic areas of the entitlement (including areas of low- income and minority concentration) where assistance will be directed CDBG: There are no targeted areas for CDBG investments within the City. Housing programs funded with CDBG funds are available city -wide to low- and moderate - income residents. Fair housing program services are also provided city- wide. Supportive services are available city -wide to low- and moderate - income residents and person with special needs. Debt service on Section 108 public improvement projects are located in low- and moderate - income areas. Public infrastructure and facility improvements are in predominately low- and moderate - income areas. HOME: Funding for affordable housing development costs is available for projects on a citywide basis. ESG: Supportive services are available city -wide to the homeless. HOPWA: HOPWA assistance will be available City -wide. Table 10 - Geographic Distribution Target Area Percentage of Funds City of Bakersfield 94 dal °iiaur° allla lair° l'hL.......... [iiaur °il °iies lair° allI,o a!J,II° liar °wa l °ui naur °nl °s as ur °a Illmii allllll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 There are no specific geographic target areas in Bakersfield; however all public service programs funded with CDBG funding will be available city -wide to eligible persons. The City will also allocate CDBG funds for public facility and public infrastructure projects located in eligible low- and moderate - income areas. HOME funds are allocated to housing projects located city -wide, promoting the development of new affordable housing units outside of low- and moderate - income neighborhoods or areas designated for redevelopment and economic development. ESG funds are targeted within the City of Bakersfield corporate limits, and HOPWA funds are available City- wide. City of Bakersfield - Annual Action Plan 35 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FAG 565 Aff oirdalbIlle Housing AP -55 Affordable Housing - 91.220(g) II ur, l °ur °o ' a l °li o ui'i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The City's 2015 -20 Consolidated Plan (ConPlan) ranks the need for decent, accessible, and affordable housing as a high priority for the community. Surveys from the community and market studies on affordable housing established the ranking. In addition, the Housing Authority of the County of Kern and other low- income housing providers have long waiting lists from potential tenants for available affordable housing units. Adopted in 2016, the City of Bakersfield's Housing Element includes programs to: • Provide housing opportunities and accessibility for all economic segments of the City; • Provide and maintain an adequate supply of sites for the development of affordable new housing; • Preserve, rehabilitate, and enhance existing housing and neighborhoods; • Ensure that all housing programs are available without discrimination on the basis of race, color, religion, sex national origin, ancestry, marital status, age, household composition or size, and any other arbitrary factor; and • Encourage and enhance intergovernmental, public, and private coordination and cooperation to achieve an adequate supply of housing for all economic and social segments of the community. The City of Bakersfield continues to actively pursue its goal of creating decent, accessible and affordable housing. The City's ConPlan states that the City will develop, construct, or rehabilitate 220 affordable housing units during the five -year period. ConPlan 2015 -20: • Park 20th (new construction) - 56 units • Millcreek Courtyard (new construction) - 62 units • Future project(s) (new construction) - 30 units • Future project(s) (rehabilitation) - 1 1 units Broken down into one -year goals the City shall prioritize its funding to develop, construct, or rehabilitate 44 affordable housing units. In addition to the 44 affordable units per year the City plans to provide home accessibility improvements for seven households and provide down payment assistance to a minimum of two low- income households. City of Bakersfield - Annual Action Plan 36 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 566 .......:ffoiiii. '.2..Ih, „I Table 11 - One Year Goals for Affordable Housing by Support Re uirement One Year Goals for the Number of Households to be Supported Homeless 0 Non - Homeless 161 Special -Needs 125 Total 286 Table 12 - One Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance 20 The Production of New Units 42 Rehab of Existing Units 2 Acquisition of Existing Units 0 Total 64 City of Bakersfield - Annual Action Plan 37 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 567 AP -60 Public Housing - 91.220(h) III ur °w�l °ur °off a 1 °Gio ur °� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Housing Authority of the County of Kern (Housing Authority) administers Bakersfield's Public Housing programs and the Section 8 Housing Choice Vouchers. Currently, the Housing Authority operates and maintains 14 low- income public housing complexes, totaling 1,102 units, in the City of Bakersfield. The Housing Authority offers many different programs within these complexes to ensure self- sufficiency and success by its tenants. In the past year the Housing Authority has housed over 100 homeless households in permanent supportive housing and added new affordable housing units for veterans. The Section 8 Housing Choice Vouchers program is overseen by the Housing Authority. Currently, the Housing Authority has 2,059 participants in its voucher programs. The program provides rental subsidies to low- income families who spend more than 30% of their gross income on housing costs. These recipients are able to choose any housing that meets the requirements of the program and are not limited to those units which are provided in subsidized housing projects. The Housing Authority reports that in 2016 all public housing units are occupied or committed. The demand for affordable housing still exceeds the inventory. Actions planned during the next year to address the needs to public housing The City and the Housing Authority will continue to look for funding to construct additional low- income housing and provide self- sufficiency programs for clients. In addition, working with the Housing Authority and other service providers, the City will increase Fair Housing education, outreach, testing, and referral services, monitor unfair /predatory lending practices, ensure training for apartment owners /managers on fair housing laws, and host or partner with service providers to hold Fair Housing workshops to educate the public about fair housing rights and housing laws. Actions to encourage public housing residents to become more involved in management and participate in homeownership The Housing Authority operates under the accountability of a seven - member Board of Commissioners appointed by the Kern County Board of Supervisors. Two of the seven commissioners, referred to as "Tenant Commissioners," must live in public housing. The Housing Authority employs 168 employees under an administrative structure, headed by an Executive Director who reports to the Board of Commissioners. The mission of the Housing Authority is to improve the quality of life for low- income residents of Kern County by providing safe, affordable housing and by assisting residents to become self - sufficient and to achieve home ownership. In FY 2015 -16 the Housing Authority assisted 19 families to become first -time homebuyers. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable. The Housing Authority of the County of Kern is Bakersfield's PHA and is not designated as troubled. City of Bakersfield - Annual Action Plan 38 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FCC 568 AP -65 Homeless and Other Special Needs Activities - 91.220ri) Describe the jurisdictions one -year goals and actions for reducing and ending homelessness including The City of Bakersfield's ConPlan shows a 5 year goal of serving 3,000 homeless persons with shelter assistance and 100 households with Rapid Re- housing assistance. This year, the City anticipates serving 800 of the 3,000 homeless persons with shelter assistance and 20 of the 100 households with Rapid Rehousing assistance. In addition, 80 people are anticipated to be served through homeless outreach. These goals will be accomplished through the City's Emergency Solutions Grants (ESG), which will fund the following agencies in FY 2017 -18. Bakersfield Homeless Center - Shelter ($61,334) • Bakersfield Homeless Center - Rapid Re- Housing ($93,568) • Bakersfield Rescue Mission - Shelter ($61,402) • Flood Bakersfield Ministries - Street Outreach ($25,000) • Alliance Against Family Violence - Shelter ($25,000) Additionally, through FY 2017 -18 HOPWA funding, the City of Bakersfield will work with Kern County Public Health to reach out to and address the needs of the homeless persons living with HIV /AIDS. Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Assessing the Needs of Homeless Persons The Kern County Homeless Collaborative (KCHC), who serves as the local Continuum of Care (CoC), is a valuable source of outreach to the homeless community. It is the policy of City's Community Development Department to regularly have staff representation at CoC meetings in order to gain input from the collaborative on homeless needs, priorities, and ESG project performance. As homeless subgroups each have unique needs, the CoC Governance Committee includes at least one representative from the Homeless or Formerly Homeless Population; one Veterans Affairs /Homeless Veterans Service Provider Representative; and one McKinney -Vento Liaison /Local Education Agency Representative /or Educational Services to Homeless Children & Youth Representative. The City also participates in the yearly Homeless Census Count conducted by the KCHC and was part of the process in developing the Mayor's 10 Year Plan to End Homelessness in Kern County. With input from the KCHC, the City will also provide the above mentioned grants to homeless outreach providers, and will work with KCHC to gather input throughout the Action Plan process from the homeless community. The City works with the collaborative to distribute Notice of Funding Availability of City HUD funds, Action Plan and CAPER notices, community input surveys, and public outreach flyers. The City will work to include postings at homeless shelters, homeless outreach providers, public City of Bakersfield - Annual Action Plan 39 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 569 housing providers, and common areas within the City. Needs collected in collaboration with the KCHC directly impact projects included in the 2017 -18 Action Plans. In addition, the City will continue to support the ongoing funding of assessment and outreach activities as well as the expansion and creation of additional outreach activities provided by existing homeless and social service organizations throughout the City. Flood Bakersfield Ministries has been selected to receive $25,000 in ESG funds for the 2017 -18 Action Plan year and is anticipated to serve 80 individuals with outreach services. Supporting the Coordinated Entry and HMIS Systems of the Homeless Collaborative In serving the homeless community, the City supports the Kern County Homeless Collaborative Coordinated Entry and Assessment approach. This approach is a standardized plan for the entire KCHC which incorporates tools, processes, policies and HUD CoC and ESG requirements to maximize efficient and ethical intervention. Service providers share one point of entry for services, ensuring people who are homeless or who are at risk for homelessness are served and /or housed as quickly and efficiently as possible. This approach increases service provider connectivity, and the ability to properly assess the individual needs of homeless persons. Data is collected through the HMIS System, and helps providers assess the needs of participants more accurately. Participants in the City's ESG grants participate in the KCHC HMIS and Coordinated Entry System. Addressing the emergency shelter and transitional housing needs of homeless persons Though prioritizations established through collaboration with the Kern County Homeless Collaborative, the City will use its Emergency Solutions Grants (ESG), to fund the Bakersfield Homeless Shelter, the Mission at Kern County Shelter and the Alliance Against Family Violence and Sexual Assault Shelter. As detailed above, these funds will be used to improve the quality of emergency shelters for the homeless, meet the cost of operating such shelters, and provide essential social services, homeless prevention services, and other assistance to the homeless community. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Using Entitlement Funds During the Action Plan year, the City will use ESG, HOME, and HOPWA funds to help homeless persons make the transition to permanent housing and independent living. The City will use its ESG grant to provide funds to three homeless shelter providers, a Rapid Re- housing program (providing homeless persons with funds to pay for rent, and deposits), and a Homeless Outreach program (providing outreach to smooth the transition from homelessness into independent living). In addition, the City anticipates City of Bakersfield - Annual Action Plan 40 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 570 using HOME funds to support new construction and rehab of affordable housing projects within the City (See Sections AP -55, AP -90). Through FY 2017 -18 HOPWA funding, the City of Bakersfield will also work with Kern County Public Health to address the needs of the homeless persons living with HIV /AIDS. Supporting the Kern County Homeless Collaborative The City of Bakersfield is an active member of the Kern County Homeless Collaborative (KCHC) and supports its strategy to prevent homelessness. KCHC members use a Coordinated Entry approach, collect data using a centralized HMIS system, and take into account the unique needs of homeless sub - groups (such as chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth). The KCHC uses a Coordinated Entry approach which is a standardized plan for the entire KCHC which incorporates tools, processes, policies and HUD CoC and ESG requirements to maximize efficient and ethical intervention. Service providers share one point of entry for services, ensuring people who are homeless or who are at risk for homelessness are served and /or housed as quickly and efficiently as possible. This approach increases service provider connectivity, and the ability to properly assess the individual needs of homeless persons. Data collected by the KCHC is entered into the HMIS System (including the resources each participant has attained, the period of time a participant has remained homeless, and other important data that helps the service providers assess and deliver the proper services). This data collection approach has been set up with the goals of helping homeless persons make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. Participants in the City's ESG grants participate in the KCHC Coordinated Entry approach, and the HMIS System. Helping Specific Sub - Groups The KCHC maintains a by -name list and participates in prioritizing chronically homeless individuals and families to ensure beds are utilized. Thirty -six (36) Housing Choice Vouchers (HCVs) per year are designated by our local Public Housing Authority for the most vulnerable chronically homeless. In addition, the KCHC participates in the Supportive Services for Veteran Families (SSVF) Community Plan responsible for planning and coordinating efforts to prevent and end homelessness among veterans. The SSVF group meets monthly through the CoC Housing Committee and reviews the veterans awarded vouchers by HUD -VASH, the number of open vouchers in the community, and the numbers of veterans served. In addition, the KCHC has implemented a homeless youth working group that strategizes and builds awareness of this population of the homeless community. The group works with Bakersfield College, Kern County Superintendent of Schools and the Kern High School District to partner in the work of assisting unaccompanied homeless youth. City of Bakersfield - Annual Action Plan 41 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 571 Helping low- income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The Kern County Homeless Collaborative has created a Discharge Planning Policy Task Force and has conducted a countywide Strategic Planning session. The purpose of the session was to develop and implement strategies that involve political leaders, governmental agencies, homeless service providers, homeless consumers, and other stakeholders to prevent individuals from immediately becoming homeless, and to end general and chronic homelessness in Kern County. One of the many areas that were addressed was the issue of discharging persons into homelessness, regardless of whether the institution receives HUD McKinney Funds. The final discharge policy has become part of the Mayor's Ten Year Plan to End Homelessness. The Discharge Planning Committee of the KCHC meets regularly to keep up to date with changes within the community. The Kern County Mental Health Department has developed and implemented policies for the discharge of persons from publicly funded institutions or systems of care. The Department of Mental Health works in conjunction with health care facilities, foster care or other youth facilities, and corrections programs and institutions to help prevent the discharge of individuals resulting in homelessness. The Kern County Department of Human Services expedites discharged individuals' applications for general -aid, Food Stamps and other entitlements so that they do not experience gaps in coverage that can contribute to or exacerbate medical, psychiatric or financial crises and homelessness. In addition, Kern County will connect individuals who are homeless or at -risk of becoming homeless to permanent housing and a case manager prior to discharge. Finally, the County Department of Human Services will work with the California Department of Corrections and the Kern County Jail to facilitate recently released individuals' transition from incarceration to community living. City of Bakersfield - Annual Action Plan 42 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 572 AP -70 HOPWA Goals - 91.220 0)(3) One year goals for the number of households to be provided housing through the use of HOPWA for: Short -term rent, mortgage, and utility assistance to prevent homelessness of the individual or family 115_ Tenant -based rental assistance 26 Units provided in permanent housing facilities developed, leased, or operated with HOPWA funds 0 Units provided in transitional short -term housing facilities developed, leased, or operated with HOPWA funds 20 Total 161 City of Bakersfield - Annual Action Plan 43 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 573 AP -75 Barriers to affordable housing - 91.2200) III ur °w�1 °ur °oU' a 1 °Gio ur °� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The City of Bakersfield has instituted actions aimed at reducing the impact of the public sector role in housing costs and affordability. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment To preserve affordability, the City allows and encourages developers to "piggyback" or file concurrent applications (i.e. rezones, tentative tract maps, conditional use permits, variance requests, etc.) if multiple approvals are required, and if consistent with applicable processing requirements. The City will continue to have staff available to assists low- income housing developers through permits, approvals, plan checks, inspections, etc. in order to make the approval process smoother and faster. The City provides cost reductions to developers through the Density Bonus Ordinance when low and very -low income housing units are proposed. Further cost reductions occur in the form of increased densities and concessions such as flexibility in site development standards and zoning code requirements, reductions in development fees and dedication requirements, financial aid, and /or accelerated plan check. Cost reductions occur through the more efficient use of land in the Commercial /Residential land use zone, SRO conversions, reduced parking requirements for the downtown area, granny units, accessory units and the Planned Unit Development (PUD) program. For example, the PUD residential districts of the zoning code allow design flexibility through, but not limited to, small lots, zero lot line, cluster developments, mixed unit types and high -rise apartments. These housing policies and programs are included in the City's Housing Element, as required by State law. The 2015 -2023 Housing Element includes policies and programs to accommodate the City's fair share of the regional housing needs of extremely low, very low, low, moderate and above moderate - income households. As previously mention in the Action Plan, with the adoption and implementation of the Bakersfield 2015 -23 Housing Element, the City will be able to accommodate approximately 15,500 lower- income units between 2013 and 2023, which averages about 1,550 units per year. The City's Housing Element includes policies and programs to: • Provide housing opportunities and accessibility for all economic segments of the City; • Provide and maintain an adequate supply of sites for the development of affordable new housing; • Preserve, rehabilitate, and enhance existing housing and neighborhood; • Ensure that all housing programs are available without discrimination on the basis of race, color, religion, sex national origin, ancestry, marital status, age, household composition or size, and any other arbitrary factor; City of Bakersfield - Annual Action Plan 44 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 574 • Encourage and enhance intergovernmental, public, and private coordination and cooperation to achieve an adequate supply of housing for all economic and social segments of the community. Additionally, as described previously in this document, the City of Bakersfield will continue to seek partnerships to create or preserve affordable housing by providing financial assistance through the City's entitlement programs. City of Bakersfield - Annual Action Plan 45 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC ACEN A PACKET FCC 575 AP -85 Other Actions - 91.220(k) III ur °w�1 °ur °oU' a 1 °Gio ur °� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Through the needs assessment and market analysis, as well information derived from consultation with service providers and community input from the City's outreach efforts, the five -year ConPlan establishes the following priority needs: 1. Decent, accessible and affordable housing 2. Community and economic development 3. Public infrastructure and facilities improvements 4. Public facilities and services for the non - homeless special needs population 5. Public facilities and services for the homeless and persons with HIV /AIDS Actions planned to address obstacles to meeting underserved needs The ability of the City to address underserved needs depends on the availability of resources. The City will continue to use CDBG, HOME, ESG and HOPWA funds to support projects that improve and expand the affordable housing stock, expand community and economic development, improve infrastructure and public facilities for non - homeless special needs and for homeless persons and persons living with HIV /AIDS. This year's CDBG funding will focus on public infrastructure improvements to improve access for residents in their neighborhoods, and two City -owned parks, provide additional security to create safer communities for residents, provide services to senior citizens, and fair housing services to victims of housing discrimination. Likewise, our HOME funds will be used to provide affordable housing options, ESG funds will be used to provide emergency shelter and rapid re- housing services, and HOPWA will provide services to individuals with HIV /AIDS. Additionally, the City will seek other federal and state funding sources to better meet these underserved needs. Actions planned to foster and maintain affordable housing Providing decent and affordable housing is a high priority and goal of the City. In FY 2017/18, the City will implement programs that directly help increase the availability and accessibility of affordable housing units. Approximately $837,000 of HOME funds will be available to assist in the construction or rehabilitation of affordable rental housing units, with approximately $165,000 of HOME funds set aside for Community Housing Development Organization (CHDO) to acquire, develop, rehabilitate, and /or construct affordable rental housing. In addition, about $93,000 of ESG funds will be used to assist households who are recently homeless to re- establish permanent housing for the household, and HOPWA funds will be used to help foster and maintain affordable housing for persons with HIV /AIDS. Actions planned to reduce lead -based paint hazards The ConPlan discussed the City's strategy for implementing lead -based paint mitigation in qualified residential units. Assessment of hazards can be better accomplished while housing is being inspected or evaluated. On a project -by- project basis, funds will be made available to test for and mitigate lead -based paint hazards occurring in housing units that receive HUD Program funds for rehabilitation. City of Bakersfield - Annual Action Plan 46 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 576 Actions planned to reduce the number of poverty -level families To address the issue of poverty in FY 2017/18, the City plans to focus on efforts in the areas of affordable housing, job training, support services, childcare, transportation, and economic development. Actions planned to develop institutional structure The City of Bakersfield continues to assess institutional structure to effectively implement the City's entitlement programs and meet the goals of the Consolidated Plan. The City will continue to cross -train staff and take advantage of training and educational opportunities to improve capacity in administering HUD - funded programs. Additionally, the City will continue to explore opportunities to partner with other City departments and external organizations to fund vital community investments to improve the quality of life for our underserved residents. City of Bakersfield staff will continue to pursue training opportunities and technical assistance where available. Where all staff cannot attend pertinent training opportunities, staff receiving technical assistance will cross -train as appropriate. Likewise, the City maintains a division "Desk Guide" which is updated regularly with departmental policies and procedures for HUD - funded programs. In addition to this Desk Guide, staff members are currently working on other internal materials to provide cross training and procedural protocols for co- workers. Examples of materials being developed by staff members include the HOPWA Desk Guide, Home Access Procedure Handbook, and the Davis -Bacon Implementation Guide. Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to collaborate with public and private housing and social service agencies to meet the goals and objectives of the Consolidated Plan. For example, the City will continue to be a participating member of the Kern County Homeless Collaborative and assign a city staff member to attend monthly board meetings. Additionally, when requested, staff will meet with social service agencies as well as public and private housing entities to discuss HUD program funding guidelines, available resources, and program opportunities to serve our underserved residents. City of Bakersfield - Annual Action Plan 47 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 577 Program Sp AP -90 Program Specific Requirements - 91.220(1)(1,2,4) II ur, l °ur °o ' a l °ii o ui'i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The following section provides detailed information on the City of Bakersfield's four Action Plan Grants: CDBG, HOME, and ESG. This Action Plan covers the fiscal year 2017- 18. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 7,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float- funded activities 0 Total Program Income: 7,000 Other CDBG Requirements 1. The amount of urgent need activities C 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% City of Bakersfield - Annual Action Plan 48 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC AGENDA PACKET FAG 578 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: HOME Investment Partnership Program (HOME) funds are not used by the City of Bakersfield beyond the forms of investment identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: In order to meet resale requirements of the HOME program the City intends to use both the recapture option and the resale option. Down payment assistance utilizing HOME will be furnished to low- income persons as a deferred loan with 0% interest up to $100,000 to assist with down payment and closing costs. Upon reaching the tenth year of the note one half of the assistance amount may be forgiven. Households receiving the assistance must keep the unit affordable between 5 to 45 years including the sale to subsequent buyers not exceeding 80% of area median income. The balance of the loan shall be due and payable in 5 to 30 years. In the event of sale or foreclosure, the recapture amount will be based on the net proceeds available from the sale or foreclosure rather than on the entire amount of the HOME investment. All down payment loans shall have an affordability covenant recorded on the property. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: All HOME assisted activities are enforced by a deed of trust, note, agreement, and affordability covenant for the property. The period of affordability will be determined by the amount of HOME subsidy (and other potential funding sources) and shall be between 5 and 45 years. The City of Bakersfield permits the sale of HOME - assisted units to qualifying eligible households at the time of review and approval. All HOME - assisted projects are monitored annually to determine compliance with affordability requirements. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City does not anticipate using HOME funds to refinance existing debt secured by multifamily housing. The City monitors each HOME assisted project annually for compliance. City of Bakersfield - Annual Action Plan 49 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 CC A GENDA PACKET FAG 579 Emergency Solutions Grant (ESG) Reference 91.220(1)(4) 1. Include written standards for providing ESG assistance (may include as attachment) Attachment, Grantee Unique Appendices, includes the Written Standards for Providing ESG Assistance. Selection of ESG recipients are outlined in the Funding Handbook and Notice of Funding Availability made available each October to potential applicants. 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Kern County Homeless Collaborative is made up of organizations that represent a broad scope of the homeless community including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. In serving the homeless population, the City supports the KCHC Coordinated Entry and Assessment approach when providing services. This approach is a standardized plan for the entire KCHC which incorporates tools, processes, policies and HUD CoC and ESG requirements to maximize efficient and ethical intervention, and service provider connectivity. Service providers share one point of entry for services, ensuring people who are homeless or who are at risk for homelessness are served and /or housed as quickly and efficiently as possible. Participants in the City's ESG grants participate in the KCHC and the Coordinated Entry and Assessment approach. In addition, the KCHC utilizes the data collection system HMIS to collect, analyze and report on homeless programs and projects. In this shared system, homeless service providers collaborate to ensure the best approach to meeting client needs. KCHC`s HMIS lead agency is the Kern County Mental Health Department who provides members of the collaborative with HMIS training and data analysis. All ESG grantees are required to use the HMIS data collection system in coordination with the KCHC. ESG grantees extract ESG data from HMIS to use the City of Bakersfield's yearly CAPER. 3. Identify the process for making sub - awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith -based organizations). The City of Bakersfield conducts an open Request for Proposal process. Eligibility requirements are described in the City of Bakersfield's Funding Handbook which can be found in Grantee Unique Appendices. In order to best determine the allocation of ESG funding, the City of Bakersfield assessed both the community needs expressed by the CoC, the City's current ConPlan priorities, and the amount of ESG funding available to the City. As part of the development of the FY2017 -18 Action Plan, surveys were distributed individually to the members of the CoC in the winter of 2016 to obtain input regarding the most effective use of ESG funds. More specifically, recipients were asked to rank listed ESG - eligible activities based on how each organization felt funding would most effectively be spent. Survey results City of Bakersfield - Annual Action Plan 50 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110117 CC AGENDA PACKET FAG 58 indicated that responding CoC agencies felt Emergency Shelter and Rapid Re- Housing activities would be the most effective use of ESG funding. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. To ensure proper representation in decision - making, the KCHC Governance Committee includes at least one representative from the Homeless or Formerly Homeless Population; one Veterans Affairs /Homeless Veterans Service Provider Representative; and one McKinney -Vento Liaison /Local Education Agency Representative /or Educational Services to Homeless Children & Youth Representative. The City will work with the KCHC /CoC and partnering homeless service providers to ensure that information on ESG activities is distributed to homeless and formerly homeless individuals in order to provide the opportunity for involvement in decision /policy making. More specifically, he City works with the collaborative to distribute Notice of Funding Availability of City HUD funds, Action Plan and CAPER notices, community input surveys, and public outreach flyers including postings at homeless shelters and public /private housing providers. 5. Describe performance standards for evaluating ESG. In determining programmatic performance indicators for ESG activities staff examined the recent performance of similar ESG - eligible activities. Specifically, staff examined the performance of previous years' Shelter activities and made a determination regarding the approximate number of individuals that could reasonably be served by the program. The approximate amount of people served through ESG Shelter programs is 800. Likewise, staff examined the Rapid Re- Housing and Outreach components of the ESG program, and projected that 20 households could be reasonably served through Rapid Rehousing, and 80 persons could be served through Outreach. Funds were then allocated accordingly. City staff works regularly with the CoC Planning and Performance Committee to review outcomes and provide guidance and if needed refine performance standards. The City of Bakersfield is currently working with the committee to align performance measurements more closely with those of the CoC. City of Bakersfield - Annual Action Plan 51 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05110/17 GG AGEN A PACKET FAG 581 Attachment A - City of Bakersfield Funding Handbook 05110/17 CC A GENDA PACKET FAG 582 CITY OF BAKERSFIELD COMMUNITY DEVELOPMENT DEPARTMENT FUNDING HANDBOOK FOR NON - PROFITS, HOUSING DEVELOPERS, AND FOR - PROFIT ORGANIZATIONS Fiscal Year 2017 -18 Application Deadline: October 28, 2016, 3:00 P.M. Para solicitar la traducci6n espanola, por favor p6ngase en contacto con la ciudad de Bakersfield Departamento de Desarrollo Comunitario en 7775 Chester Avenue, segundo piso, o llamando al 66 7.326.3 765. ( TDD (661) 321 -9472, fax (661) 852 -2138; email acarter @bakersfieldcity. us). 05110/17 CC ADEN DA PACKET FAG 583 TABLE OF CONTENTS I. Introduction .............................................................................................. ............................... 1 -1 11. Community Development Block Grant ................................................... ...........................11 -1 III. HOME Investment Partnership Program ................... ............................... ..........................III -1 IV. Emergency Solutions Grant ................................................................... ...........................IV -1 V. Appendices Business Plan (Attachment for All Applications) ............ ............................... Appendix A Rental Project (Attachment for HOME Applications) ............ .......................Appendix B Sample Construction Bid Analysis Form .......................... ............................... Appendix C HOME Funding Rent Limits and Max Per Unit Subsidy ... ............................... Appendix D Current Low- and Moderate - Income Guidelines (for All Applications).. Appendix E Low- and Moderate - Income Qualification Form .......... .......................Appendix F Income Self- Certification ............................ ............................... .......................Appendix G Sample Resolutions ............................................................. ............................... Appendix H City's Indemnification and Insurance Requirements ........................... Appendix I Project Implementation Checklist (for All Applications ) ....................... Appendix J Acquisition Checklist for HUD Funded Projects ..... ............................... Appendix K Cost Reimbursement, Audit & Financial Reporting Standards ...............Appendix L Rents & Tenant Eligibility ............ ............................... .......................Appendix M Sample Sources and Uses Statement ......................... .......................Appendix N Performance Measurement ....... ............................... .......................Appendix O Certification Statement .............. ............................... .......................Appendix P Certification Statement .............. ............................... .......................Appendix P Map of Low- and Moderate - Income Areas ................. .......................Appendix Q Activity Beneficiary Report .......... ............................... .......................Appendix R Areas of Opportunity R /ECAP Map . ............................... .......................Appendix S 05110/17 CC A GENDA PACKET FAG 58 INTRODUCTION The City of Bakersfield's as an entitlement community is responsible for the annual administration of three federally funded programs: • Community Development Block Grant (CDBG), • HOME Investment Partnership (HOME), and • Emergency Solutions Grant (ESG). The City is preparing to create its second -year Action Plan (FY 2017 -18) of the Consolidated Plan 2020 (ConPlan). The ConPlan describes eligible programs, projects, and activities to be undertaken with the funds anticipated each year through entitlement grants from the U.S. Department of Housing and Urban Development (HUD). Each year of the five -year plan, applications are sought from non - profits, housing developers, and for - profit entities interested in using the City's federal funds to carry out projects addressing the needs reflected in the ConPlan. City's Fiscal Year (FY) starts July 1 It and ends June 30th. The following pages provide an overview, application process, and the standard application forms for the three funding programs. TENTATIVE TIMELINE Below is a tentative timeline for the CDBG, HOME, and ESG funds application process. Once submitted, applications are reviewed by City staff to determine eligibility, and scored based on a number of factors, including HUD and program goals and objectives, ConPlan goals and objectives, and budgetary constraints. Then, selected projects are included in an Action Plan that must be approved by the City Council and HUD (following a public review period). The City will not receive funding to distribute to selected applicants until at least September 2017 and potentially later. When the City receives funding, selected applicants must enter into agreements with the City of Bakersfield, and a City Project Manager will conduct any appropriate environmental review. Once the agreement, environmental review, and any other applicable pre -award requirements are met, the Project Manager will issue the selected organization a written Notice to Proceed. DO NOT commence spending for a project until your organization /agency receives a written Notice to Proceed. Any spending prior to a written Notice to Proceed will be considered ineligible for funding. 10/28/16 3:00 p.m. DEADLINE to Receive Applications for Funding 2/27/17* Proposed Activities (projects) for FY 17 -18 Action Plan submitted to the City of Bakersfield Budget and Finance Committee, and Authorization to Publish 30 Day Public Notice is requested 05110/17 CC A GENDA PACKET FAG 585 3/17/17 FY 17 -18 Action Plan Public Notice Published and copies distributed to Libraries and posted to City of Bakersfield Website 4/18/17 End of 30 Day Action Plan Public Review Period 4/19/17* City Council to Consider Approval of FY 17 -18 Action Plan 5/14/17 Deadline to Submit FY 17 -18 Action Plan to HUD *Note: Dates tentative, 2017 meeting dates are not scheduled until December 2016. REQUIREMENTS FOR ALL FUNDING APPLICATIONS A. The completed application shall be on 8 1/2" x 11" white paper and organized in the order prescribed in the application section for each funding source described in this handbook. The original application shall be bound (a 3 -ring binder is sufficient), tabbed, sequentially numbered, and contain a table of contents. B. The applicant must submit to the City one original and one copy of the application with a letter signed by a representative authorized by the applicant. The applicant must also attach to the letter the "certification statement" found in Appendix P. The letter should contain the name, title, and telephone number of a contact person knowledgeable of the proposal. The application package may be mailed or delivered to the address below (facsimiles will not be accepted). All applications must be received and time stamped by the City no later than 3:00 p.m. on October 30, 2015. Mail or deliver your application to: City of Bakersfield Community Development Attn: Nina Carter, Associate Planner II 1715 Chester Avenue Bakersfield, CA 93301 C. If the organization has a governing body (i.e., Board of Directors), the submitted application(s) must include a resolution from the agency's governing body, authorizing application for City assistance. Sample resolutions can be found in Appendix H. D. Additional questions regarding the application process, regulations or other programmatic issues, should be directed to Nina Carter, Associate Planner II at the above address or by calling (661) 326 -3765; fax (661) 852 -2138; CA Relay 711; email acarter @bakersfieldcity.us. E. The Economic Development Section of the Community Development Department (EDCD) staff will review submitted applications to determine whether the application is complete. At a later date a letter will be sent to the applicant verifying that the application is complete or identifying any additional information needed to complete the staff analysis and assessment. F. Completing this application does not guarantee funding for any project. The applicant(s) should be aware that demand for funding is far greater than available City of Bakersfield Funding Handbook September 2016 1 -2 Rindinn Yaar Pn17 -1R 05110117 CC AGENDA PACKET FCC 586 funds. Funding for the proposed project is not awarded until an agreement is approved and executed by the Bakersfield City Council, the City has received funding from HUD, and the City has issued a written Notice to Proceed to the applicant. The City will not reimburse any part of the cost to apply, nor any expense incurred, prior to entering into an agreement with the City of Bakersfield and the issuance of a written Notice to Proceed. G. Please note that if your proposed project is awarded funding, you may be required to follow certain procurement procedures. Likewise, any construction costs over $2,000 will be required to comply with Davis -Bacon and State of California prevailing wage requirements, and contracts in excess of $100,000 must comply with the City of Bakersfield's Section 3 Plan (job opportunities for low- and moderate - income residents). Please take this into account when preparing your proposed budget and project schedule. H. Compliance with Federal regulations governing accounting systems and reimbursable expenses, as well as proof of insurance are required of all recipients of HUD entitlement funds. I. Post monitoring is a federal requirement for recipients of HUD entitlement funds during the affordability or restrictive use period of the project. J. All HUD - funded activities are required to track race, ethnicity, income and disability status of project beneficiaries as described in Appendix R. For activities not serving a designating geographic area, please provide an Affirmative Marketing Plan to ensure the project or service is available to all persons. K. All HUD - funded activities require compliance with and are subject to accessibility review under Section 504 of the Rehabilitation Act (24 CFR Part 20) and the Americans with Disabilities Act. Specifically, the City of Bakersfield will utilize ADAAG 2010 to assess compliance. RESTRICTIONS A. Number of Applications - Each applicant may only submit one application per funding source (e.g., CDBG, HOME, or ESG), but no more than a total of two per applicant. B. Religious Activities - Organizations that are religious or faith -based are eligible for CDBG, HOME, ESG funding on the same basis as any other organization. However religious and faith -based organizations may not directly fund inherently religious activities (e.g., worship, etc.) with federal funds. Organizations will retain their independence from government organizations. Participating organizations may not discriminate against program beneficiaries on the basis of religious beliefs, and funds may not be used to purchase, rehabilitate or construct structures to be used primarily for inherently religious activities. C. Political Activities - HUD funds may not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, City of Bakersfield Funding Handbook September 2016 1 -3 Rindinn Yaar Pn17 -1R 05110117 CC A EN A PACKET FAG 587 such as candidate forums, voter transportation, or voter registration. However, a facility originally assisted with HUD funds may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent use charges, if any. NOTICE OF NONDISCRIMINATION The City of Bakersfield hereby advises the public, job applicants, and employees that it does not discriminate on the basis of race, color, national origin, religion, sex, gender, or disability with regard to access to, treatment or employment in, its federally- assisted programs. This notice is posted in accordance with Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1 974 and Title IV of the Civil Rights Act of 1964. The City of Bakersfield has designated the following individual as the contact to coordinate efforts to comply specifically with Section 504 - Non - Discrimination Based Disability in Federally- Assisted Programs and Activities, and a requirement of 24 CFR Part 8 : Caleb Blaschke, ADA /504 Coordinator City of Bakersfield - City Manager's Office 1600 Truxtun Ave, Bakersfield, CA 93301 Phone: (61 1) 326 -3745 Fax: (661) 324- 1850 TDD: (661) 321 -9472 E -mail: ADA @bakersfieldcity.us City recipients or subrecipients of HUD funding shall comply with this notice. City of Bakersfield Funding Handbook September 2016 1 -4 Rindinn Yaar Pn17 -1R 05110117 CC A EN A PACKET FAG 588 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) The Community Development Block Grant (CDBG) Program is directed by the U.S. Department of Housing and Urban Development (HUD), and provides monies for cities and counties to perform certain community development and housing activities. Cities with populations over 50,000 and meeting other certain conditions, such as the City of Bakersfield, may apply for "entitlement" funds. Thus, as an entitlement city, the amount of money granted to a city is determined by a HUD formula and on an annual basis. (Note: The following summary of the CDBG Program merely highlights major program requirements and considerations). Each activity considered for funding must satisfy HUD objectives and eligibility criteria for the CDBG Program (described below). At least 70% of the City's CDBG cumulative expenditures must be for activities benefiting low- and moderate - income persons. Also, other applicable laws, including civil rights laws, environmental review, labor standards, etc., must be followed in carrying out activities funded through the CDBG Program. Please note that completing this application does not guarantee funding for any project. Applicant should be aware that demand for funding is far greater than available funds. City will not reimburse to the applicant any part of the cost to apply. If selected for funding, program regulations require that the City of Bakersfield monitor your organization for compliance with CDBG regulations for a minimum of 5 years following the completion of the proposed activity. The CDBG regulations can be found at 24 C.F.R. Part 570. NATIONAL OBJECTIVES Each activity must meet one of the three broad national objectives: A. Primarily benefit low- and moderate - income persons. More specifically, 51% of the project must benefit families with incomes at or below 80% of the median income. A project benefitting low- and moderate - income persons can be qualified in one of four ways: 1. Area - the activity is located in a qualified low- and moderate - income Census block group (see map attached) 2. Limited Clientele - the activity provides benefits to a specific group of persons, comprised (or presumed to be comprised) of at least 51 % low - and moderate - income persons. This includes: i. Presumed Groups (as recognized by HUD), which include abused City of Bakersfield Funding Handbook September 2016 II -1 Funding Year 2017 -18 05110117 CC AGENDA PACKET FCC 589 children, elderly persons, battered spouses, homeless persons, severely disabled persons (as defined by the U.S. Census), illiterate adults, persons living with AIDS, or migrant farm workers ii. Requires information from persons receiving benefit so that the 51 low- and moderate - income threshold can be determined iii. Be of such a location and nature that it may reasonably be concluded that the clientele are low- and moderate - income persons 3. Housing - the majority (at least 51%) of units are designated for low- and moderate - income households, or for non - elderly multi - family rental structures at least 20% of units are designated for low- and moderate - income households (only proportionate share of cost is eligible in this scenario) 4. Jobs - the activity can meet the benefit requirement in one of three ways: i. Be located in a predominately low- and moderate - income neighborhood and serve the residents of that neighborhood in the case where the service would not otherwise be available ii. Involve facilities designed for use predominantly by low- and moderate - income persons iii. Involve the employment of persons, the majority (51 % or greater) of whom are low- and moderate - income persons (maximum assistance per full time equivalent (FTE) position created is $35,000, tracked cumulatively over a maximum of five years) B. Aid in the prevention or elimination of slum or blight. Activities considered to aid in the prevention or elimination of slum or blight are activities located within a designated area which: 1) meets a definition of a slum, blighted, deteriorated, or deteriorating area under State or local law; and 2) where there is a substantial number of deteriorating or dilapidated buildings or needed improvements throughout the area. C. Meet urgent community development needs. The proposed project must meet needs that have a particular urgency where existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. ELIGIBLE ACTIVITIES Only certain kinds of activities are eligible for funding. These are briefly listed below. However, in most instances the regulations contain "qualifiers" which make the activity eligible or ineligible depending on specific circumstances: A. Purchasing Property (Acquisition) in whole or in part by a public agency or private non - profit entity for any public purpose except buildings used predominantly for the general conduct of government. Selling, Leasing, or Granting (Disposition of) City of Bakersfield Funding Handbook September 2016 II -2 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 59 property with CDBG funds. B. Public facilities and improvements, including the purchase, construction, reconstruction, rehabilitation, or installation of buildings /properties, except buildings or portions thereof, used predominantly for the general conduct of government. C. Clearance, demolition, and removal of buildings and improvements including movement of structures to other sites. D. Public services which are directed toward improving the community's public services and facilities: including, but not limited to, those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare, or recreational needs. A public service must be either: 1. a new service, or 2. a quantifiable increase in the level of service above which had been provided by or on behalf of the unit of general local government in the twelve calendar months prior to submission of the Action Plan to HUD. No more than 15% of the City's annual CDBG grant can be expended for public service costs. Also, please note that CDBG funding is not intended to be used to replace a discontinued funding source. E. Interim assistance to eliminate harmful conditions where immediate public action is necessary. F. Payment of the non - federal share of certain matching grant pro__ rq ams. G. Completion of federally- funded urban renewal projects. H. Relocation payments and assistance to persons displaced by CDBG activities, including temporary relocation assistance during rehabilitation work. I. Payment of loss of rental income to landlords holding properties for the relocation of individuals and families displaced by program activities. J. Removal of architectural barriers. K. Acquisition, construction, rehabilitation or installation of privately owned utilities, including under - grounding. L. Rehabilitation and preservation activities. These activities include: 1. Rehabilitation assistance to rehabilitate: a) privately owned buildings and improvements; b) low- and moderate - income public housing and other publicly owned residential buildings and improvements; and c) publicly owned nonresidential buildings and improvements otherwise eligible for assistance. Please note that "rehabilitation" eligible under the CDBG program includes significant remediation of existing site improvements, and does not typically include maintenance activities (think reconstruction of portions of the property). 2. Financing the following types of rehabilitation activities and related costs: a) assistance to private individuals and entities to acquire, for the purpose of rehabilitation, and to rehabilitate properties for use or resale for residential purposes; b) labor materials, and other costs of rehabilitation of properties; c) loans for financing existing indebtedness secured by a property rehabilitated City of Bakersfield Funding Handbook September 2016 II -3 Funding Year 2017 -18 05110/17 CC ACEN A PACKET FCC 591 with CDBG funds; d) improvements to increase the efficient use of energy in structures; e) improvements to increase the efficient use of water; f) costs associated with the connection of residential structures to water distribution lines or local sewer collection lines; g) costs of tools lent to owners, tenants, and others who will use such tools to carry out rehabilitation; and h) rehabilitation services such as rehabilitation counseling, energy auditing, loan processing, and other services related to assisting owners, tenants, contractors, and other entities. 3. Code enforcement in deteriorating or deteriorated areas where such enforcement together with public improvements, rehabilitation, and services to be provided, may be expected to arrest the decline of the area. 4. Historic preservation, rehabilitation and restoration of historic properties, whether publicly or privately owned. Historic properties are those sites or structures that are either listed in or eligible to be listed in the National Register of Historic Places, or designated as a State or local landmark or historic district by appropriate law or ordinance. 5. Renovation of closed school buildings for use as an eligible public facility, for a commercial or industrial facility, or for housing. M. Special economic development activities necessary to carry out an economic development project. Special economic development activities include: 1. The acquisition, construction, reconstruction, or installation of commercial or industrial buildings, structures, and other real property equipment and improvements. 2. The provision of assistance to private for - profit businesses, including, but not limited to, grants, loans, loan guarantees, interest supplements, technical assistance, and other forms of support for any other activity necessary or appropriate to carry out an economic development project. N. Some small business investment companies, local development corporations and other similar entitles organized under Title VII of the entitled Headstart, Economic Opportunity, and Community Partnership Act of 1974, are authorized to receive funds to carry out neighborhood revitalization, economic development, and energy conservation activities that are otherwise ineligible. INELIGIBLE ACTIVITIES The general rule is that any activities not listed in the "eligible activities" section are ineligible. The following identifies examples of specific activities that are ineligible and provides guidance in determining other activities frequently associated with housing and community development. A. Acquisition, rehabilitation, or new construction of buildings, or portions thereof, used predominantly for general conduct or government. B. General government expenses. C. Political activities. City of Bakersfield Funding Handbook September 2016 II -4 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 592 D. Purchase of construction and /or fire protection equipment, furnishings, and personal property except as necessary in the administration of activities assisted with CDBG funds. E. Expenses associated with repairing, operating or maintaining public facilities or services. F. New housing construction. G. Income payments for housing or any other payments. H. Stadiums. I. Debt refinancing. J. Basic property maintenance. PROPERTY OR SITE OWNERSHIP For property improvements, such as new construction or rehabilitation of existing structures, the applicant must have title to the project property. REQUEST MINIMUM Due to the administrative requirements of HUD - funded projects and limited number of department staff, the minimum request for CDBG assistance is $25,000. MONITORING Any applicant approved for CDBG funding will be monitored annually for a 5 year period following the completion of the project to ensure ongoing compliance with program requirements. PUBLIC FACILITIES ASSISTANCE (PFA) As part of the CDBG program, the Public Facilities Assistance (PFA) program may provide grant funds to eligible non - profit and public entities for development and expansion of their community /neighborhood facilities (referred to as Public Facilities). PFA grant funds may be used for purchase, design, construction, rehabilitation, or installation of public improvements or facilities. However, PFA funds may not be used for operation or maintenance; purchasing construction equipment; or for purchasing furnishings and other personal property. Please note that reasonable fees may be charged for use of the facilities assisted with CDBG funds, but charges, such as excessive membership fees, which will have the effect of precluding low- and moderate - income persons from using the facilities, are not permitted. Also, please note that non - profit entities may acquire title to public facilities; however, when such facilities are owned by non - profit entities they must be open for use by the general public during all normal hours of operation. City of Bakersfield Funding Handbook September 2016 II -5 Funding Year 2017 -18 05110117 CC AGENDA PACKET FCC 593 Examples of eligible PFA activities include, but are not limited to: A. Community and Health Centers B. Day Care and Senior Centers C. Shelters for the Homeless D. Centers for the Disabled City of Bakersfield September 2016 Funding Handbook II -6 Funding Year 2017 -18 05110117 CC AGENDA PACKET FCC 59 APPLICATION INFORMATION FOR CDBG FUNDS In order to apply for CDBG (or PFA funds), please submit a narrative that includes the following information and associated material. If a question or topic is not applicable to your proposed project please state so on the application along with a brief explanation of why the question or topic does not apply. The application shall be on 8 '/2 " x 1 1 " white paper and organized in the order prescribed in the following section. The original application shall be bound (a 3 -ring binder is sufficient), tabbed, sequentially numbered, and contain a table of contents. Applicants should make sure to include information that relates to the guidelines described in the previous section. The City reserves the right to adjust funding levels to maximize the funds that are to be utilized in ways that best meet the program goals. PART ONE: I. EXECUTIVE SUMMARY OF PROPOSAL This should be a concise overview of all the major components of your proposal including the amount requested and must answer the questions - what, who, why, where, when, and how, including total cost and amount of request. II. PROJECT DESCRIPTION A. Project Title - Provide a brief title that describes the nature of your proposal. B. Purpose and Detailed Description of the Project Components 1. Describe in detail the proposed project for which you are requesting funding. 2. Describe how your project (as proposed) meets on of HUD's National Objectives (see page II -1 of the Funding Handbook)) 3. Describe how your proposed project conforms to one of the Eligible Activities (see page II -2 of the Funding Handbook) 2. Explain your project purpose and reason why the CDBG funding is necessary. 3. Does your proposal consist of land and /or facility acquisition, construction of a new facility, expansion of an existing facility, rehabilitation of an existing facility, or a combination of these? 4. If this activity is part of a larger project, describe the entire project and how this activity fits in with the larger project. 5. Describe which goal and objective your project application will address in the City's Consolidated Plan. The Consolidated Plan may be found on the City of Bakersfield website at www.bakersfieldcity.us. Once you access the City of Bakersfield homepage, select "Departments" > "Community Development" > "Economic Development." C. Nature and Level of Service City of Bakersfield September 2016 Funding Handbook II -7 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 595 I . Describe what programs and services you provide now, if any, and whether these programs and services are going to be continued at existing levels or expanded by the proposed project. 2. Identify all sites utilized by your organization to provide programs and services. 3. Include any new programs or services to be provided at the site as a result of the CDBG assistance. 4. Identify other organizations that provide the same or similar services as those provided by your organization. To the best of your knowledge, are those organizations at or near capacity in terms of people served? 5. In terms of numbers, is there a long waiting list for similar programs and activities offered at the nearest existing facility or provider (within metropolitan Bakersfield)? If so, what are the numbers? D. Site Control (Note: this section only applies if site improvements are proposed) 1. Please indicate whether you have title to the project property or control of the site. If you have title to the project property, please provide documentation (site control may be a long term lease covering the useful life of improvements or purchase options). If you do not have title to the project property, please explain (e.g., who currently owns the site, is the seller willing to take an option, etc.). Lack or reasonable site control for an improvement project will make an application ineligible for funding. 2. Describe all existing utilities and infrastructure on the proposed project site. 3. Identify the square footage or acreage of the site. 4. If a commercial narrative appraisal has been completed please attach it as documentation. E. Property Information If site improvements are proposed, identify each site for which proposed CDBG funding would be used and provide the following information: 1. State the current zoning of the project site, and any development approvals (i.e. Conditional Use Permit, zone change, modification, etc.) necessary to facilitate the proposed project. 2. If there is an existing residential or commercial structure located on the project site, indicate the number of people or businesses to be displaced as a result of this project. 3. Please identify the number of square feet needed for the proposed project. 4. Please provide an Assessor's Parcel Map and Assessor's Parcel Number(s) for your proposed project site. Attach preliminary sketches and site plans (if applicable) of all proposed improvements (include street addresses). 5. Please indicate any known environmental hazards on the proposed City of Bakersfield Funding Handbook September 2016 II -8 Funding Year 2017 -18 05110/17 CC ACEN A PACKET FCC 596 project site. If your proposal is selected for funding and it involves property acquisition or new construction, a Phase I Environmental Assessment must be completed by applicant before approval of any funding. If a Phase I Environmental Assessment is available at the time the application is made, please include a copy of the report with the application. 6. Provide two or more pictures of proposed project site. 7. If the proposed project includes site improvements, has an appraisal been completed for the project site? If funding is for acquisition a certified fair market appraisal must also be submitted by applicant before approval of funding. 8. When was the most recent title report completed? If available, please include a recent (less than six months) title report for the project site. F. Proposed New Construction If your project consists of new construction, please describe in detail the extent of construction work to be undertaken. Include information regarding square footage, number and type of rooms, landscaping and other relevant information. G.Proposed Rehabilitation /Expansion of Existing Facility If your project consists of rehabilitation and /or expansion of an existing facility, please describe the extent of the rehabilitation work, additional square footage, and proposed use of additional space. Include information about structural, mechanical, plumbing, electrical, and other deficiencies that must be corrected as a part of the rehabilitation work. Please indicate if asbestos and /or lead based paint are present in the proposed project site and how this was determined. H. Contact Person and Information Provide the name of the best person to contact for further questions regarding this application. Include specific contact information and preferred method of contact. III. PROJECT COST A. Itemized Cost Estimate 1. Provide an itemized preliminary cost estimate and include the source of the estimate and the date the estimate was prepared. If the project involves construction - related costs, then cost estimates shall be certified by an architect or professional engineer and must include the total amount of CDBG funds requested, and non -CDBG funds committed, as well as quantities, units of measure, unit prices, extension prices, and contingencies as applicable. If the project involves funding a program, please describe in detail how estimated costs were determined. Please note that if construction - related costs exceed $2,000, then the project must comply with Davis -Bacon prevailing wage requirements. Likewise, if approved, the project may be required to comply with certain City of Bakersfield September 2016 Funding Handbook II -9 Funding Year 2017 -18 05110/17 CC ACEN A PACKET FCC 597 bidding requirements. A sample of a Bid Analysis Form may be found in Appendix C of this document. 2. If this activity is part of a larger project, describe the source of funds for other elements of the total project. B. Other Funding Describe any other funding that is anticipated for this project. What steps have been taken to secure other funding for this activity? If available, supply written responses from other funding agencies contacted. C.Type of Financial Assistance Requested Describe the type of CDBG assistance requested, (i.e., loan, grant, or combination) and amount of each type of assistance. IV. PROJECT BENEFIT A. Provide area map(s) identifying the project location and the area boundaries to be served by the project. B. Explain how the service area boundaries were determined and submit available data in support of this determination. C. If the proposal is for job creation /retention, please identify the total number of jobs (full -time equivalent positions) to be created /retained and the percent to be filled by low- and moderate - income persons. Also please identify the type of jobs to be created, the type of job experience required and average pay scale for these positions. D. Describe who will benefit from this project (i.e., residents of given area, specific age group, such as youth or seniors, disabled persons, etc.). Note: facilities assisted with federal funds must be open to all ethnic and racial groups and data indicating persons /groups served will be required as part of the program - monitoring process. E. Describe how low- and moderate - income persons will benefit from this project and how this can be verified (see attached CDBG guidelines found in Appendix E, identifying current low- and moderate - income limits and what individual groups are presumed to be principally low- and moderate - income persons). If the project is a direct benefit activity (i.e. is not based on area of benefit) please explain how your agency will document low- and moderate - income qualification per user. Please explain how your organization has determined that 51% or more of your clientele are historically from low- and moderate - income families (clientele means all users of the proposed facility). Make certain to provide documentation. F. Do you plan to charge fees for the activities or service to be offered? If so, how will amount of fees be determined and what will be the cost? For what will the proposed fees be utilized (e.g., incidental overhead costs, operation and maintenance, capital cost recovery, etc.)? Will these fees prevent or limit the use of the facility by low- and moderate - income residents? Please explain. City of Bakersfield Funding Handbook September 2016 II -10 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 598 G.For last fiscal year, how many clients were served by your agency by the programs /services you plan to provide with the proposed project; and what percentage of these clients /users served were City residents vs. unincorporated County residents? If all or a portion of your clients are County residents, has your agency requested assistance from the County? If so, please explain the County's potential involvement with your proposal. If no involvement, please explain why. H. Identify potential users and organizations that may utilize the proposed facility or program (identify specific groups, their membership requirements if any, etc.) and whether they are low- and moderate - income users. I. Describe how your agency intends to evaluate annual accomplishments of your request for use of HUD funds. Attach a copy of annual evaluation and performance reports your agency provides to funders and stakeholders. Appendix O reflects new reporting requirements by funded applicants for federal performance measurements. V. PROJECT TIMELINE Please describe the timeframe for implementation of the proposed project. Please attach a project implementation schedule outlining anticipated start and ending dates for each applicable activity (note: City's fiscal year starts July 1 and ends June 30). VI. AUTHORIZATION TO APPLY Attach an executed resolution from your governing body (e.g., Board of Directors), authorizing application for CDBG funds and appointment of representative signatory. An example of an authorizing resolution can be found in Appendix H. VII. INDEMNIFICATION AND INSURANCE Please review the City's standard indemnification and insurance requirements (Appendix 1) for proposed funded community /neighborhood facilities, and provide documentation regarding your agency's ability to provide the required coverage. VIII. ALTERNATIVES CONSIDERED (Note: Complete this section if the proposed project includes acquisition, new construction or substantial rehabilitation (greater than 50 %) of the value of the structure.) A. Discuss the benefit of meeting your organizational objectives in a way other than the proposed project, as well as the consequences of implementing other means. In other words, discuss the consequences if there is no action or your proposed project is not implemented. B. Identify one or more alternatives to the proposed project that were considered City of Bakersfield Funding Handbook September 2016 II -11 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 599 and rejected, e.g., other sites considered, design modifications, other uses of the site. For each alternative, describe benefits to the human environment that would result from implementation, any adverse impacts, and the reasons for rejection. IX. BUSINESS PLAN See Appendix A for this portion of the application to describe your organization's Business Plan. No application is considered to be complete without the Business Plan. Any funding application received without a Business Plan will not be considered for funding. SUMMARY OF REQUIRED EXHIBITS The application format described above lists several documents that must be submitted in support of your written proposal. For quick reference, the following exhibits need to be included in your application. Depending on whether you are proposing a program or construction - related project, some exhibits may not apply. 1. Proof of site control (see II.D.1) 2. Commercial Narrative Appraisal (see II.D.S) 3. Preliminary Sketches and /or Site Plans (see II.E.4) 4. Assessor's Parcel Map(s) (see ILEA) 5. Phase I Environmental Assessment (see II.E.S) 6. Site Photos - minimum of 2 (see II.E.6) 7. Property Appraisal (see II.E.7) 8. Recent Title Report (see II.E.B) 9. Certified Project Cost Estimates (see III.A.1) 10. Vicinity Maps - depicting the project location and service area boundaries (see IV.A) 11. Agency Evaluation and Performance Reports (see IV.1 and Appendix O) 12. Project Implementation Schedule (see V) 13. Authorizing Resolution for Application (see IV and Appendix H) 14. Proof of Ability to Comply with Indemnification and Insurance Requirements (see VIII and Appendix I) 15. Business Plan (see IX and Appendix A) City of Bakersfield September 2016 Funding Handbook II -12 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 600 HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) The HOME Investment Partnership Program (HOME) is funded through the U. S. Department of Housing and Urban Development (HUD), and was created to: • provide decent affordable housing to low- and moderate - income households; • expand capacity of nonprofit housing providers; • strengthen the ability of state and local governments to provide affordable housing; and • leverage private sector participation in affordable housing production. HOME assistance is intended to be used as "gap" financing, meaning that, but for the provision of HOME funds, the proposed project would not be financially feasible. Maximum HOME assistance per unit is established by HUD and referenced in Appendix D of this document. HOME regulations can be found at 24 CFR Part 92. ELIGIBLE PROGRAM BENEFICIARIES The HOME Program beneficiaries are homeowners and tenants with annual (gross) incomes no greater than 80% of median income (see Appendix E). MATCH REQUIREMENT No less than twenty -five percent of all HOME funds used in a project must be matched with private /non - federal funds. AFFORDABILITY PERIOD AND MONITORING HOME - assisted rental units carry rent and occupancy restrictions for varying lengths of time, known as the affordability period. The affordability period is based on the average amount of HOME funds invested in each unit and the type of activities performed using HOME funds. The following describes how the affordability period is calculated based on the HOME subsidy per unit: < $15,000: 5 -year affordability period • $15,000 - $40,000: 10 -year affordability period • >$40,000: 15 -year affordability period. This City of Bakersfield is required to monitor HOME - assisted projects during the period of affordability to ensure fiscal soundness, property standards, and compliance with HOME program regulations and the project agreement. Any City of Bakersfield Funding Handbook September 2016 IV -1 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 601 recipient of HOME funds from the City of Bakersfield may be monitored either annually or once every three years based on project compliance and performance. The City of Bakersfield reserves the right to charge fees related to the monitoring of HOME projects. MULTI - FAMILY RENT LIMITS AND INCOME TARGETING Funding for multi - family housing units must adhere to HOME Program Rent limits when setting maximum Low and High Home Rents. Current program limits are listed in Appendix D. For rental housing, at least 90 percent of the initial household beneficiaries must have incomes at or below 60 percent of the area median income; the remaining 10 percent of the families benefited must have incomes at or below 80 percent of area median income. After initial lease -up, at least 75 percent of household beneficiaries must have incomes at or below 80 percent of area median income; the remaining 25 percent of household beneficiaries must have incomes at or below 50 percent area median income. GEOGRAPHIC TARGETING Funding will be prioritized for projects located within City- designated Areas of Opportunity (see Appendix S). Likewise, the City will not accept applications for new construction of affordable housing located within racially- or ethnically - concentrated areas of poverty (R /ECAPs). ACCESSIBILITY For new construction or substantial rehabilitation of multi - family projects (five or more units), at least 5% of the total units of the housing development being assisted must be accessible to individuals with mobility impairments, and at least 2% of units accessible to individuals with sensory impairments. Substantial rehabilitation is defined as a project with 15 or more units for which rehab costs will be at least 75% of replacement cost. For rehab that is less than substantial, alterations must, to the extent feasible, must make 5% of units and common areas accessible to persons with mobility impairments. Accessible units must, to the maximum extent feasible, be distributed throughout the project and available in a sufficient range of sizes and amenities as to not limit choice. Owners and managers must prioritize and market accessible units to persons with disabilities, and must adopt suitable means to assure information regarding the availability of accessible units reaches eligible persons with disabilities. Also, annually during the period of affordability, City staff will monitor HOME - assisted projects for compliance with Section 504 of the Rehabilitation Act of 1973 and the City of Bakersfield Funding Handbook September 2016 IV -2 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 602 Uniform Federal Accessibility Standards (UFAS). TIME LIMITS The City must obligate (legally encumber) funds within two years of its grant award and funds must be fully expended five years from the date of the HUD award. HOME projects must obtain financing and commence construction within 12 months of executing an agreement with the City of Bakersfield. HOME projects must be completed within three years of the date a HOME agreement is executed. All HOME rental units must be occupied within six months of project completion, with an extension available up to 18 months from project completion. For HOME homebuyer units, units must be sold to qualified buyers within nine months. Any HOME - assisted homebuyer unit that is not sold within nine months must be converted to a rental unit. ELIGIBLE ACTIVITIES The HOME Program funds a variety of housing activities, such as: A. Rehabilitation, improvement, or modification of an existing residential structure; B. Conversion of an existing_ structure from an alternative use to affordable, residential housing; C. Reconstruction or rebuilding a residential structure on the same lot and for the same usage as the former structure (number of units in new structure must be similar to previous structure); D. New Construction of housing units - funding cannot be used for existing properties even if they are newly- constructed. In order for a project to be considered eligible, construction activities may only commence following approval of funding, the appropriate environmental review, and a Notice to Proceed from the City of Bakersfield; E. Tenant -based Rental Assistance (TBRA); F. Acquisition of property is eligible either as part of a homebuyer program or a rental housing project; G. Acquisition of vacant land using HOME funds may be accomplished only if construction will begin on a HOME eligible project within 12 months of purchase; H. Building of new, on -site infrastructure (sidewalks, sewer and water lines, utility connections, etc.) where they had not previously existed is permissible only when such improvements are essential to the development of the project; I. Demolition of a structure is an eligible HOME activity only if construction will begin City of Bakersfield Funding Handbook September 2016 IV -3 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 6 0,3 on the HOME eligible project within 12 months of the demolition; J. Relocation payments and other relocation assistance, both permanent and temporary, are eligible costs; K. Project soft costs such as private lender origination fees, credit reports, title reports and updates, recordation fees, appraisal fees, attorney's fees, etc., are eligible HOME expenses. EXAMPLES OF INELIGIBLE ACTIVITIES The following activities prohibited or not currently allowed under HOME program regulations: A. Emergency Repair, Weatherization or Energy Efficiency Pro__ rams: Programs that do not remedy all code deficiencies are prohibited. B. Ineligible Properties: HOME funds cannot be used for assistance on federally supported public housing, commercial properties, and temporary shelters. C. Match for other Programs: HOME Program funds cannot be used as the "non- federal" match for other federal, state, or local initiatives. D. Double Dipping: Except for the first year after project completion, no additional HOME funds can be provided to a project during the relevant period of affordability. E. Refinancing debt secured by multifamily housing. COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO) The City of Bakersfield is required by HUD to set aside not less than 15% of HOME funds for certain non - profit organizations called Community Housing Development Organizations (CHDOs). CHDOs are private, non - profit organizations that meet a series of qualifications prescribed in the HOME regulations, and are eligible to participate in the following activities: A. Serve as owners, developers, or sponsors of projects undertaken with HOME funds; B. Receive special assistance, such as predevelopment loans, technical assistance, or operating funds (not available to other types of organizations); C. Perform certain services as contractors to the City of Bakersfield; and D. Contract with the City of Bakersfield in the same ways as other non - profit agencies. CHDO ELIGIBLE ACTIVITIES (AS OWNERS, SPONSORS, OR DEVELOPERS) A. Acquisition and /or rehabilitation of rental property; B. New construction of rental housing; City of Bakersfield Funding Handbook September 2016 IV -4 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 604 C. New construction of homebuyer property; and D. Direct financial assistance to purchasers of HOME - assisted housing, sponsored or developed by a CHDO with HOME funds. CHDO INELIGIBLE ACTIVITIES (AS OWNERS, SPONSORS, OR DEVELOPERS) A. Rehabilitation of existing homeowner properties B. Tennant -based rental assistance (TBRA) CHDO AS SLIBRECIPIENT CHDOs may also act as subrecipients with non - set -aside funds by undertaking any other HOME - eligible activities. CHDO CERTIFICATION To become a certified CHDO in the City of Bakersfield, the organization must first meet certain criteria that have been established by HUD. These criteria are described in the "Statement of Qualifications" portion of this document, beginning on page III -9. CHDO certification in the City of Bakersfield is only valid for one fiscal year and must be approved by HUD. Therefore, if your organization is interested in CHDO certification, please include the "Statement of Qualifications" along with the application for HOME funds. City of Bakersfield Funding Handbook September 2016 IV -5 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 6 0.E APPLICATION INFORMATION FOR HOME FUNDS In order to apply for HOME funds, please submit a narrative that includes the following information and associated material. If a question or topic is not applicable to your proposed project please state so on the application along with a brief explanation of why the question or topic does not apply. The application shall be on 8 1/2" x 1 1 " white paper and organized in the order prescribed in the following section. The application shall be bound (a 3 -ring binder will be sufficient), tabbed, sequentially numbered, and contain a table of contents. Applicants should make sure to include information that relates to the guidelines described in the previous section. The City reserves the right to adjust funding levels to maximize the funds that are to be utilized in ways that best meet the program goals. PART ONE: I. EXECUTIVE SUMMARY OF PROPOSAL This should be a concise overview of all the major components of your proposal including the amount requested and must answer the questions - what, who, why, where, when, and how including total cost and amount of request. II. PROJECT DESCRIPTION A. Project Title - Provide a brief title that describes the nature of your proposal. B. Purpose and Detailed Description of the Project Components 1. Describe in detail the proposed project for which you are requesting funding. 2. Explain your project purpose and reason why HOME funding is necessary. 3. Does your proposal consist of land and /or housing acquisition, construction of new housing, rehabilitation of existing housing, or a combination of these? 4. If this activity is part of a larger project, describe the entire project and how this activity fits in with the larger project. 5. Please provide any information concerning whether your proposed project will be competing with existing services from other organizations. Identify those organizations and describe the potential overlap. 6. In terms of numbers, is there a long waiting list for similar programs and activities offered at the nearest existing facility (within Metropolitan Bakersfield)? If so, what are the numbers? 7. Describe which goal and objective your project application will address in the City's Consolidated Plan. The Consolidated Plan may be found on the City of Bakersfield website at www.bakersfieldcity.us. Once you access the City of Bakersfield homepage, select "Departments" > "Economic & Community Development" > "Resources" > "Reports and Plans." City of Bakersfield Funding Handbook September 2016 IV -6 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 606 C. Site Control Please indicate if you have title to the project property or control of the site. If your answer is yes, please provide documentation (site control may be a long- term lease covering the useful life of improvements or purchase options). If you do not have title to the property, please explain (e.g., who currently owns the site, is the seller willing to take an option, etc.). Lack of reasonable site control for an improvement project will make an application ineligible for funding. 2. Please explain if all utilities and infrastructure are provided. 3. Identify the square footage of the site. 5. State the site location by address, Assessor's Parcel Number (APN), site dimensions and number of parcels. State the owner's name, address and telephone number. Attach sketches and site plans (if applicable) of all proposed improvements (include street addresses). 6. If a narrative appraisal has been completed, please attach it as documentation. D. Property Information - Please identify each site for which proposed HOME funding would be used and provide the following information: 1. State the current zoning of the project site, and any development approvals (Le, Conditional Use Permit, zone change, modification, etc.) that would be necessary to facilitate the proposed project. 2. If there is an existing residential or commercial structure located on the project site, indicate the number of people or businesses to be displaced. 3. Please identify the number of square feet needed (new construction, expansion or rehabilitation) for each type of facility requested. 4. List any special services to be provided to residents beyond those customarily provided to tenants, such as support services and the agency or people who will render the services. 5. Does the project involve preservation of an existing structure? If yes, does it meet seismic code, is the building listed on the National Register of Historic Places, or is the building designated as a State or local landmark or historic district by appropriate law or ordinance? 6. If the proposal includes property acquisition, a Phase I Environmental Assessment must be completed that includes data and findings that conform to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) of 1980 and applicable ASTM (American Society for Testing and Materials) Environmental Due Diligence Standards. Please attach the Phase I Environmental Assessment if property acquisition is proposed. 7. Provide two or more pictures of proposed project site. City of Bakersfield Funding Handbook September 2016 IV -7 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 607 8. If funding is for acquisition, a certified fair market appraisal must also be submitted by applicant before approval of funding. 9. If available, please include recent (less than six months) title report for the project site. E. Proposed New Construction If your project consists of new construction, please describe in detail the extent of construction work to be undertaken. Include information regarding square footage, number and type of rooms, landscaping and other relevant information. F. Proposed Rehabilitation /Expansion of Existing Facility If your project consists of rehabilitation and /or expansion of an existing facility, please describe the extent of the rehabilitation work, additional square footage and proposed use of additional space. Include information about structural, mechanical, plumbing, electrical and other deficiencies that must be corrected as a part of the rehabilitation work. Please indicate if asbestos and /or lead based paint is present in the proposed project site and how this was determined. G. Proposed Rental Project If the proposed HOME project is for rental property, please submit a project pro - forma. See Appendix B for required project pro -forma data. H. Contact Person and Information Please include the name of a contact person for any follow -up questions regarding this application. Also, include contact information and the preferred method of contact. III. PROJECT COST A. Itemized Cost Estimate 1. If construction bidding on this project has taken place, or if bidding will take place, please refer to Appendix C for a sample Bid Analysis Form that may be useful in evaluating bids. 2. Provide a detailed itemized preliminary cost estimate and include the source of the estimate and the date estimate was prepared. If the project involves construction - related costs, then cost estimates shall be certified by an architect or professional engineer and must include the total amount of HOME funds requested, and non -HOME funds committed, as well as quantities, units of measure, unit prices, extension prices, and contingencies as applicable. If the project involves funding a program, please describe in detail how estimated costs were determined. Please note that if construction - related costs exceed $2,000, then the project must comply with Davis -Bacon and State of California prevailing wage City of Bakersfield Funding Handbook September 2016 IV -8 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 608 requirements. Likewise, if approved, the project may be required to comply with certain bidding requirements. A sample of a Bid Analysis Form may be found in Appendix C of this document. 3. If this activity is part of a larger project, describe the source of all funds for other elements of the total project. B. Other Funding - Describe what steps have been taken to secure other funding for this activity. If available, supply written responses from other funding agencies contacted. C. Type of Financial Assistance Requested - Describe the type of HOME assistance requested, (i.e., loan, grant, or combination) and amount of each type of assistance. D. Projected Operating Budget - Provide a minimum of three years cash flow analysis for the organizations total operations. The projection should highlight if the agency will be able to generate sufficient revenues to cover costs over the next three years. E. Proof of Current Operating Budget - Provide current operating budget and most recent end of the year (annual) performance report (i.e., persons /families served, projects completed, etc.) . IV. PROJECT BENEFIT A. Provide area map(s) identifying the project location and the area boundaries to be served by the project. B. Describe who will benefit from this project (i.e., residents of a given area, specific age group, ethnic group, disabled persons, etc.). C. Describe how low- and moderate - income persons ( <- 80% of median income) will benefit from this project and how this can be verified (see Appendix E guidelines identifying current low- and moderate - income limits). V. PROJECT TIMELINE Please attach a project implementation schedule outlining the anticipated start and ending dates for each applicable activity: property acquisition, facility design, construction, or installation (note: City's fiscal year starts July 1 and ends June 30). VI. PROJECT DEVELOPMENT TEAM Identify the key members of the project development team, including developer, contractor, architect, and any other major consultants being used. Attach a resume or qualifications statement for each. Attach actual or proposed contracts. City of Bakersfield Funding Handbook September 2016 IV -9 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 609 VII. AUTHORIZATION TO APPLY Attach an executed resolution from your governing body (e.g., Board of Directors), authorizing application for HOME Investment Partnership Funds and appointment of representative signatory. An example of an authorizing resolution can be found in Appendix H. VIII. INDEMNIFICATION AND INSURANCE Please review the City's standard indemnification and insurance requirements (Appendix 1) for proposed HOME funded housing project, and provide documentation regarding your agency's ability to provide the required coverage. IX. ALTERNATIVES CONSIDERED A. Discuss the benefits of meeting organizational objectives in a way other than the proposed project, as well as the consequences of implementing other means. In other words, discuss the consequences if there is no action or your proposed project is not implemented. B. Identify one or more alternatives to the proposed project that were considered and rejected, (e.g., other sites considered, design modifications, other uses of the site). For each alternative, describe benefits to the human environment that would result from implementation, any adverse impacts, and the reasons for rejection. X. BUSINESS PLAN See Appendix A for Part 2 of this application, which is your organization's Business Plan. No application is considered to be complete without the Business Plan. Any funding applications received without Business Plan will not be considered for funding. SUMMARY OF REQUIRED EXHIBITS The application format described above lists several documents that must be submitted in support of your written proposal. For quick reference, the following exhibits need to be included in your application. Depending on whether you are proposing a program or construction - related project, some exhibits may not apply. 1. Proof of Site Control /Ownership (see II.C.I ) 2. Sketches and /or Site Plans (see II.C.4) 3. Phase I Environmental Assessment (see II.D.6) 4. Site Photos - minimum of 2 (see II.D.7) 5. Property Appraisal (see II.D.8) 6. Recent Title Report (see II.D.9) City of Bakersfield Funding Handbook September 2016 IV -10 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 61 7. Rental Property Pro -forma (see II.G and Appendix B) 8. Certified Project Cost Estimate (see 111.13) 9. Three -year Cash Flow Analysis (see III.D) 10. Vicinity Maps - depicting the project location and service area boundaries (see IV.A) 11. Project Implementation Schedule (see V) 12. Resumes and Qualification Statements for the Project Development Team (see VI) 13. Actual or Proposed Contracts (see VI) 14. Authorizing Resolution for Application (see VII and Appendix H) 15. Proof of Ability to Comply with Indemnification and Insurance Requirements (see VIII and Appendix I) 16. Business Plan (see X and Appendix A) 17. CHDO Statement of Qualifications (if applicable, see page III -9) City of Bakersfield Funding Handbook September 2016 IV -11 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 611 STATEMENT OF QUALIFICATIONS FOR NON - PROFITS AND COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO) Organizations that wish to be considered for a CHDO designation, or be considered an eligible non - profit, must provide the following "evidence" with their application as indicated below when submitting this statement. This statement of qualifications has been designed as a tool for non - profit organizations to use to determine if they meet the HUD definition of a CHDO, have technical capacity to implement a federally funded project, and evidence of timely and satisfactory project management of HOME funded projects. Although any qualified non - profit may receive Home Investment Partnership Program (HOME) funds, only a CHDO may receive "set- aside" monies. In order to determine your organization's status (i.e., non - profit only or non - profit and CHDO) please complete the following sections (note: non - profit applicants need to complete the section preceding section I and section I; CHDO applicants need to complete all sections): Organization Name: Address: Contact Person: Phone: I. LEGAL STATUS - ALL NON - PROFIT ORGANIZATIONS A. The non - profit organization is organized under state or local laws, as evidenced by: [ ] a Charter, or [ ] Articles of Incorporation B. No part of its net earnings can be of benefit to any member, founder, contributor or individual, as evidenced by: [ ] a Charter, or [ ] Articles of Incorporation C. The organization has a tax exempt ruling from the Internal Revenue Service (IRS) under Section 501(c) (3) of the Internal Revenue Code of 1986, as evidenced by: [ ] a 501 (c) (3) Certificate from the IRS. D. The organization conforms to the financial accountability standards of Attachment F of OMB Circular A -1 10, "Standards for Financial Management Systems ", (Appendix City of Bakersfield Funding Handbook September 2016 IV -12 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 612 L) as evidenced by (chose one): [ ] a notarized statement by the president, or chief financial officer of the organization; [ ] a certification from a Certified Public Accountant, or [ ] a HUD approved audit summary. E. All litigation to which the organization is a party or any director of the organization in his /her capacity as a director is a party must be disclosed. Certify to one of the following statements: [ ] I certify that neither the organization nor any of its directors in his or her capacity as a director is involved in any litigation, or [ ] Attached is a list of all litigation to which the organization or any of its directors is a party. I certify that this is a complete listing of such litigation. If all the aforementioned requirements have been met and sufficient documentation provided, your organization may be considered a non - profit organization. If your organization wishes to be considered a CHDO, you must meet all requirements listed in Sections II - IV. If your organization only meets the above qualifications and only wishes to be considered a non - profit organization, you may stop here, sign on page III -12, and submit the Statement of Qualifications with the appropriate documentation. II. CAPACITY - CHDO'S A. Has among its purposes the provision of decent housing that is affordable to low - and moderate - income people, as evidenced by a statement in the organization's (chose one): [ ] Charter [ ] Articles of Incorporation [ ] By -laws, or [ ] Resolutions B. Has a demonstrated capacity for satisfactorily carrying out activities assisted with HOME funds, as evidenced by: [ ] resumes and /or statements of paid staff that describe the experience of key staff with demonstrated development experience with projects similar to those to be assisted with HOME funds (note: staff must be paid by the organization and cannot be volunteers or staff donated by another organization), or [ ] contract(s) with consultant firms or individuals who have housing experience similar to projects to be assisted with HOME funds, to train appropriate key staff of the organization (note: this provision may only be used the first year a CHDO is certified). [ ] provide the city with a letter of recommendation or project performance report from a HUD entitlement jurisdiction or agency concerning previously funded HOME projects, and the CHDO's satisfactory performance regarding timely implementation and management of quality control issues. City of Bakersfield Funding Handbook September 2016 IV -13 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 613 C. Has a history of serving the community where housing to be assisted with HOME funds will be used as evidenced by: [ ] a statement that documents at least one year of experience in serving the community, or [ ] for newly created organizations formed by local churches, service or community organizations, a statement that documents that its parent organization has at least one year of experience in serving the community. NOTE: The CHDO, or its parent organization, must be able to show one year of serving the community from the date the participating jurisdiction provides HOME funds to the organization. In the statement, the organization must describe its history (or its parent organization's history) of serving the community by describing activities which it provided, such as, developing new housing, rehabilitating existing stock and managing housing stock, or delivering non - housing services that have had lasting benefits for the community, such as counseling, food relief, or childcare facilities. The statement must be signed by the president of the organization or by a HUD approved representative. III. ORGANIZATIONAL STRUCTURE - CHDO'S A. Maintains at least one -third of its governing board's membership for residents of low- and moderate - income neighborhoods, other low- and moderate - income community residents, or elected representatives of low- and moderate - income neighborhood organizations as evidenced by the organization's (chose one): [ ] By -laws [ ] Charter, or [ ] Articles of Incorporation NOTE: Under the HOME program, for urban areas, the term "community" is defined as one or several neighborhoods, a city, county, or metropolitan area. For rural areas, "community" is defined as one of several neighborhoods, a town, village, county, or multi- county area (but not a whole state), provided that the governing board contains low- and moderate - income residents from each of the multi- county areas. B. Establishes a defined geographical boundary of service (a city, a county, or combination) that can be reflected in a user friendly map. [ ] City of Bakersfield boundary map [ ] County of Kern boundary map [ ] Other (please attach a map with east, west, north, and south boundaries. Note: A CHDO is ineligible if its boundaries are state -wide. City of Bakersfield Funding Handbook September 2016 IV -14 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 61 C. Provides a formal process for low- and moderate - income program beneficiaries to advise the organization in all of its decisions regarding design, development and management of all HOME - assisted affordable housing projects, as evidenced by (chose one): [ ] the organization's By -laws, [ ] Resolutions, or [ ] a written statement of operating procedures approved by the governing body D. A CHDO may be chartered by state or local government; however, state or local government may not appoint: 1) more than one -third of the organization's governing body; 2) the board members appointed by the state or local government may not, in turn, appoint the remaining two - thirds of the board members; and 3) no more than one -third of the governing board members are public officials, as evidenced by the organization's (chose one): [ ] By -laws [ ] Charter, or [ ] Articles of Incorporation E. If the CHDO is sponsored or created by a for - profit entity, the for - profit entity may not appoint more than one -third of the membership of the CHDO's governing body, and the board members appointed by the for - profit may not, in turn, appoint the remaining two - thirds of the board members, as evidenced by the CHDO's (chose one): [ ] By -Laws [ ] Charter, or [ ] Articles of Incorporation F. Provide resumes for each CHDO board member. Indicate if the board member is a low- and moderate - income representative and /or resident of a low- and moderate - income area. IV. RELATIONSHIP WITH FOR - PROFIT ENTITIES - CHDOs A. Is not controlled, nor receives directions from individuals, or entities seeking profit from the organization, as evidenced by: [ ] organization's By -laws, or [ ] Memorandum of Understanding (MOU) B. A CHDO may be sponsored or created by a for - profit entity, however: 1) the for - profit entity's primary purpose does not include the development or management of housing, as evidenced: [ ] by the for - profit organization's By -laws and; 2) the CHDO officers and employees of the creator for - profit entity do not serve as officers or employees of the CHDO, as evidenced: [ ] by the for - profit organization's By -laws and; 3) the CHDO is free to contract for goods and services from vendor(s) of its own City of Bakersfield Funding Handbook September 2016 IV -15 Funding Year 2017 -18 05110117 CC A EN A PACKET FAG 61.E choosing, as evidenced in the CHDO's (chose one): [ ] By -laws [ ] Charter, or [ ] Articles of Incorporation CERTIFICATION - CHDOS /NON- PROFIT ORGANIZATIONS As an authorized representative of this organization, I certify that the information contained herein and attached hereto is true and correct to the best of my knowledge. I realize that if I make false statements or withhold information I may be denied assistance and /or may be prosecuted for fraud. Name (typed or printed) Title Signature Date City of Bakersfield Funding Handbook September 2016 IV -16 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 616 EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) The Emergency Solution Grant program is federally funded through the U.S. Department of Housing and Urban Development (HUD). The purpose of the program is to help: • engage homeless individuals and families living on the street; • improve the number and quality of emergency shelters for homeless individuals and families; • help operate these shelters; • provide essential services to shelter residents; • rapidly re -house homeless individuals and families; and • prevent families and individuals from becoming homeless. WHO MAY APPLY All private non - profit organizations, 501(c) (3) corporations, are eligible to apply for funding. Any entity receiving ESG funding must be an active member in the Continuum of Care (the Kern County Homeless Collaborative), and registered in the HMIS system. ELIGIBLE ACTIVITIES A. Renovation: major rehabilitation or conversion of buildings for use as emergency shelters for the homeless. This may or may not include overnight sleeping. If funds are used for this purpose, the facility must be used for the homeless for not less than 10 years. B. Emergency Shelter or Street Outreach 1. Operational costs: payment of maintenance, insurance, utilities or staff time to carry out operational work. 2. Essential services: a new service or a quantifiable increase in the level of service previously provided. D. Homeless prevention: development and implementation of homeless prevention activities. E. Re- housing: provision of services to re- establish housing for homeless persons. INELIGIBLE ACTIVITIES A. Acquisition of property. B. New construction. City of Bakersfield Funding Handbook September 2016 IV -17 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 617 C. Incidental costs related to rehabilitation, such as the preparation of work specifications, loan processing, or inspections. D. Payment of administrative staff. The City has chosen to retain 7.5 percent of the ESG grant allowable under federal regulations to offset program administration costs. MATCHING REQUIREMENTS All funds allocated must be matched with an equal amount of funds from another source(s). The match may be monetary or in the form of in -kind contributions such as donated material, value of a lease or volunteer services computed at $5.00 per hour. These funds must be available after the contract date and approval of the grant award by City Council. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. Payment of ESG funds to grantees will be processed only with proof of an equal amount of match expenditure, and proof of payment for services provided. FUNDING RESTRICTIONS A. no less than 30% may be used for the provision of essential services; B. the City must allocate no less than 40% for homeless prevention and /or rapid rehousing activities; C. no more than 10% may be used for staff cost related to operations (staff costs for security and maintenance are not a part of this limitation). FEDERAL REQUIREMENTS A. The project must meet ESG and other federal requirements, including environmental regulations. B. Consolidated Plan Consistency - the activities proposed must be consistent with the City's Consolidated Plan. If the applicant's proposed activities are within the County of Kern's jurisdiction, those activities must be consistent with its Consolidated Plan. C. Participation in the area Continuum of Care. D. Registered and participating in HMIS data tracking. MONITORING Any applicant approved for CDBG funding will be monitored annually for a 5 year period following the completion of the project to ensure ongoing compliance with program requirements. City of Bakersfield Funding Handbook September 2016 IV -18 Funding Year 2017 -18 05110/17 CC ACEN A PACKET FCC 618 TIME LIMIT The City must encumber funds within six months from the start of the Fiscal Year, (City's Fiscal Year is from July 1 to June 30). All ESG funds must be expended within 24 months of the City /HUD agreement. Each successful applicant will be allowed to spend its allocation within 12 months of the date of the City /Applicant agreement. If funds are not spent within that time, the City will determine whether to extend the agreement or seek other ways to utilize the funds. Agencies that do not expend ESG funds in a timely manner will be determined to be non - responsive which could jeopardize future ESG allocations. City of Bakersfield Funding Handbook September 2016 IV -19 Funding Year 2017 -18 05110/17 CC ACEN A PACKET FCC 619 APPLICATION INFORMATION FOR EMERGENCY SOLUTIONS GRANT (ESG) FUNDS In order to apply for ESG funds, please submit a narrative that includes the following information and associated material. If a question or topic is not applicable to your proposed project please state so on the application along with a brief explanation of why the question or topic does not apply. The application shall be on 8 1/2" x 1 1 " white paper and organized in the order prescribed in the following section. The original application shall be bound (a 3 -ring binder is sufficient), tabbed, sequentially numbered, and contain a table of contents. Applicants should make sure to include information that relates to the guidelines described in the previous section. The City reserves the right to adjust funding levels to maximize the funds that are to be utilized in ways that best meet the program goals. PART ONE: I. EXECUTIVE SUMMARY OF PROPOSAL This should be a concise overview of all the major components of your proposal including the amount requested and must answer the questions -what, who, why, where, when, and how including total cost and amount of request. II. PROJECT DESCRIPTION A. Project Title - Provide a brief title that describes the nature of your proposal. B. Purpose and Detailed Description of the Project Components 1. Describe in detail the activity(ies) the applicant proposes to carry out utilizing ESG funds, and the budget for each activity. 2. Discuss under which eligible criteria the activity(ies) falls. 3. Discuss how the applicant proposes to document the progress of the activity(ies) and measure the success (or failure) of the activity(ies) over the term of the agreement. C. Nature and Level of Service - Document to whatever extent possible the nature and level of service of unmet homeless needs which will be addressed by the proposed activity(ies) and how the activity is an expansion of an existing activity or whether it is a new activity. The focus of proposed activities should be on unmet needs of the homeless population. D. Jurisdictional Certification For activities outside the city limits of Bakersfield, provide a certification from the County of Kern regarding consistency with the County's Consolidated Plan. For activities in the jurisdiction of the City's Consolidated Plan, the City Economic City of Bakersfield Funding Handbook September 2016 IV -20 Funding Year 2017 -18 05110/17 CC ACEN A PACKET FCC 620 and Community Development Department will make a determination of consistency. The City will give preference to applications which propose to meet needs within the jurisdiction of the City's Consolidated Plan. 2. State the extent to which the proposed activities will meet needs within the jurisdiction of the City's Consolidated Plan. E. Proposed Rehabilitation/ Expansion of Existing Facility - For a facility rehabilitation project, the applicant must state its willingness and ability to operate the structure for the homeless for a minimum of ten years. If the applicant will utilize ESG funds through contractors, provide information on the contractors. F. Contact Person and Information Please provide the name of a contact person for any questions related to this application. Also include contact information and the preferred method of contact. III. PROJECT COST A. Funds Requested - State the amount of ESG funds requested. In the case that funds will be used for more than one activity, provide an estimate of the funds that will be used for each activity. B. Other Funding - Provide information on the source(s) and amount(s) of matching funds or in -kind contribution. Indicate when the match is expected to be available and, in the case of volunteer time, the source of volunteers. C. Spending Schedule - Provide a schedule for the spending of the ESG funds and matching funds. IV PROJECT BENEFIT A. Discuss the project benefit and to what extent the proposed activities will help homeless people achieve a stable long term situation. B. Explain the applicant's definition of long term stability. C. Explain the performance indicators that will be used to measure the effectiveness of the proposed program. Explain the projected performance based on those indicators. D. Explain how the applicant will document that such stability has been achieved for a particular period of time. If the use of ESG funds is not intended to meet this objective, please explain. V. APPLICANT INFORMATION A. State the mission of the organization. B. Provide a management and staffing plan as well as an organization chart. City of Bakersfield Funding Handbook September 2016 IV -21 Funding Year 2017 -18 05110/17 CC A GENDA PACKET FAG 621 C. Discuss current and past agency experience as well as staff experience with federal, state and other funding programs which would provide an assurance that funds will be spent in accordance with federal regulations and City requirements. D. Describe the agency's experience in operating and managing programs to assist the homeless. The City will consider such things as the ongoing programs of the applicant, the past experience of the applicant in providing the same or similar activities, and past experiences in serving the homeless populations proposed to be served in the application. E. The organization's status with the Continuum of Care (Kern County Homeless Collaborative), registration /participation in the Kern County HMIS program. VI. AUTHORIZATION TO APPLY A. Private Non- Profit Status - Provide documentation of the applicant's 501 (c) (3) status. B. Budgetary Information and Performance Report - Provide prior and current year budgets and the most recent end -of- the -year performance report (i.e., persons /families served, projects completed, etc). C. Audits - Provide a copy of the most recent independent audit conducted by a certified public accountant. If there were any findings or exceptions, please explain. D. Authorized Signature - Attach an executed resolution from your governing body (e.g., Board of Directors), authorizing application for ESG funds and appointment of representative signatory. An example of an authorizing resolution can be found in Appendix H. VII. BUSINESS PLAN See Appendix A for Part 2 of this application, which is your organization's Business Plan. No application is considered to be complete without the Business Plan. Any funding applications received without Business Plan will not be considered for funding. SUMMARY OF REQUIRED EXHIBITS The application format described above lists several documents that must be submitted in support of your written proposal. For quick reference, the following exhibits need to be included in your application. Depending on whether you are proposing a program or construction - related project, some exhibits may not apply. 1. Certification from County of Kern Regarding Consistency with the Consolidated Plan (only required if the proposed project is outside the Bakersfield city limits) (see II.D.1) City of Bakersfield Funding Handbook September 2016 IV -22 Funding Year 2017 -18 05110/17 CC ACEN A PACKET FCC 622 2. Project Spending Schedule (see III.C) 3. Project and Current Year Budgets (see VI.B) 4. Recent End -of- the -year Performance Report (VI.B) 5. Recent Independent Audit Conducted by a CPA (VI.C) 6. Authorizing Resolution for Application (see VI.D and Appendix H) 7. Business Plan (see VII and Appendix A) City of Bakersfield Funding Handbook September 2016 IV -23 Funding Year 2017 -18 05110117 CC AGENDA PACKET FCC 623 APPENDICES 05110117 CC A EN A PACKET FAG 624 Appendix A Business Plan To assist City staff in evaluating your proposal, all applicants must provide a plan that reflects all of the details of their business activities (e.g. services you provide, the market you serve, your organizations management team, your financial situation, and a risk analysis). This Appendix is to be used as a guide. A. Mission Statement 1. The plan should provide the organization's statement of purpose (mission statement) and an executive summary of the service or product to be provided. B. Evaluate the Market Numbers: market size (how many people), geographical area served, trends, demographics. 2. Client preferences and characteristics. 3. Location considerations. 4. Pricing considerations (if applicable). 5. Special characteristics of your market. 6. Big picture issues that impact your market. 7. Demand for your services or products, etc. B. Competitor Analysis What organizations provide the same service as your organization? 2. How do you differ from those organizations? 3. How do you compare in delivery of services? C. Organizational Plan 1. Legal Structure (provide a complete description of your legal structure) a. Is your organization a nonprofit or for profit entity? b. Does your status allow your organization to perform the activities it proposes to do? 2. Organizational Structure a. How are board members selected? b. Do board members serve for unlimited terms? c. Do community members have a voice in the selection of board members? d. Who are the board members (list positions and descriptions)? e. What are the roles of the board members, committees, advisory boards and management staff? f. Who is the Executive Director? g. Who makes key administrative decisions for the organization? h. Who are the organization's advisors? Does the organization have an administrative procedures handbook? If so, when was it approved? i. Give summary of sites and facilities owned /operated by the organization. D. Financial Plan 1. Projected operating budget (funds used to pay for the day to day, ongoing costs of the organization such as payroll, supplies, rent, etc.). 2. Projected start -up budget (if applicable; an estimate of all costs required in the start up of a new business venture, as opposed to operating the activities on a day to day basis). 3. Projected capital budget (funds to be used to finance a construction project, etc.). See Appendix N. E. Marketing /Fund Raising Strategy 05110117 CC AGENDA PACKET FAG 62.E 1. Image Goals (describe the way you want your clients and the outside world to view your organization). 2. Fund Raising Goals (state the amount of resources in dollars your organization needs to provide its services; describe the activities your organization will implement to raise any funds needed). 3. Funding sources your organization currently accesses or will access to provide operational dollars. F. Risk Analysis 1. What could go wrong with the organization's implementation of services? 2. What is your contingency plan in the event something goes wrong? G. Additional Information - Provide a brief narrative regarding each of the following as they relate to your organization. 1. Past experience in operating and managing the programs proposed for the project site. 2. Past experience in providing services for low- and moderate - income persons and /or persons presumed to be low to moderate (i.e. homeless, disabled, etc.). 3. How your organization will assure that your services to be provided for the proposed project will remain non - religious and non - political. 4. Has your organization ever brought suit against the City or another party or government entity? If yes, please explain. 5. Is your organization currently pursuing or involved in litigation? If yes, please explain. 6. Attach a copy of your organization's strategic plan over the next two to five years. H. Appendices 1. Resumes of Key Personnel (Chairman or President of the Board, Executive Director, Operations Manager, Service Coordinator, etc.) 2. Job Descriptions of Key Personnel (from #1) 3. Organization's Financial Reports for last three years 4. Letters of Support (no more than three) 5. Articles of Incorporation 6. By Laws 7. Tax Exemption Certificate (if applicable) 8. Current budget 9. If you are applying as a non - profit entity, please attach a copy of your most recent Form 990. Note: This Business Plan is Part Two of the funding application and must be submitted with Part One. Applications not submitted with this plan are incomplete and will not be considered for funding. The funding application is not complete if all appendices listed above are not included or addressed. Also, the applicant's Business Plan must contain a table of contents. 05110/17 CC A GENDA PACKET FAG 626 Appendix B RENTAL OR OWNERSHIP HOUSING PROJECT Please provide the following information with your HOME Project Application: A. Project Development Costs - basic cost assumptions used to analyze the project, broken down into three components: land costs, direct construction costs, and indirect construction costs. The indirect costs should include soft and transaction costs and project financing assumptions, including the loan amount, equity contribution, assumed interest rates and return on equity requirements. The project cost statement (development budget) should be thorough and complete. B. Feasibility Analysis - tests the project economics assuming no income restrictions are applied. The analysis of an all market rate project is performed to evaluate whether the project is financially feasible, and to quantify any economic shortfall, i.e., the feasibility gap. The results of this analysis are used to establish a baseline against which the impact created by the imposition of income restrictions will be measured. C. Rent Schedule - the proposed project's unit mix, assuming the units are rented without income restrictions. Information regarding the number of bedrooms /bathrooms, followed by the unit square footage, the number of units of each type, and the assumed average market rent for each type of unit should be provided. D. Estimated Net Income - calculates the gross rental income and the resulting net operating income generated by the market rate project. The number of units in each unit type and the market rent, supplemented with any miscellaneous /laundry income should be identified. The gross income is reduced by a vacancy /bad debt allowance and annual operating expenses, in arriving at net operating income. E. Feasibility Gap Analysis - Based on the net operating income determined in the estimated net income, the warranted investment is calculated to determine the supportable project value. The warranted investment is comprised of the level of debt and equity supportable by the project income. If the development costs associated with acquiring the land and building the project are greater than the total warranted investment, a feasibility gap exists. F. Income Restricted Operating Pro Forma Analysis - tests the economics of the project if all or a portion of the units are restricted to very low, low or moderate income households. To quantify the impact associated with setting aside the units for income restricted households, pro forma analysis must be conducted. The applicant must furnish a pro forma (project income and expense statement) which includes achievable rent levels, market vacancies and operating expenses and also specify the consequences of tax benefits, if any, and any other assumptions used in calculating the project cash flow to determine the reasonableness of the rate of return on the equity investment. The pro forma should represent, at a minimum, the term of the HOME affordability requirements but longer if applicable (e.g. if HOME funded 20 years for low- and moderate - income housing that is new construction or acquisition). Note — N/A for ownership housing projects. The pro forma income and expense schedule should be thorough and complete. G. Rent Schedule - the rental schedule for an affordable multi - family project. The unit type, followed by the square footage of that unit type, the number of units of that type, and the assumed average market rent should be completed. The affordable rents are identified on the application form, and have been calculated based on the 2009 Bakersfield household income figures or later provided by HUD. Affordable rents are defined as the rent level that requires the household to allocate no more than 30% of their gross income to housing related expenses, taking into account monthly utility expenses. Note — N/A for ownership housing projects. 05110/17 CC AGENDA PACKET FAG 627 H. Estimated Net Income - the rental income for the affordable project by each unit type, with rents priced at market, low- and moderate - income and very low- income. The rental income is supplemented with any miscellaneous /laundry income. The gross income is reduced by a vacancy /bad debt allowance and annual operating expenses, to arrive at net operating income. Sources and Uses Statement — a summary of the costs planned for the total project and the sources of revenue to cover these costs. Affordability Gap Analysis - Based on the net operating income calculated for the income restricted project, the warranted investment is calculated to determine the supportable project value. The warranted investment is comprised of the level of debt and equity supportable by the affordable project income, in addition to any proceeds generated from the syndication of a Low Income Housing Tax Credit housing project. To determine the affordability gap, it is necessary to subtract the warranted investment in the income restricted project from the warranted investment in the market rate project. Any City of Bakersfield assistance funds would only be applied to the affordability gap. Note — N/A for ownership housing project. K. Target Audience — identify in detail the low income target population your proposed project will be serving and the estimated (current) demand for your housing product in light of the current supply of affordable housing. 05110117 CC AGENDA PACKET FAG 628 Appendix C CITY OF BAKERSFIELD ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT SAMPLE BID ANALYSIS FORM Project Name: Total Budget: Bid Opening Date: Time of Opening: Advertisement Date: # of Bids Received: Apparent Low Bidder: Bid Amount: Agency Contract # Item List: Prepared in ink Unit prices reasonable Extension prices correct Total bid amount correct Bid appears balanced Bid amount reasonable Comments: MBEMBE Status: All listed MBEMBE Proper credit taken Listed as subcontractors MBEMBE goal attained Good faith effort made Comments: BID Location: Company Name Street Address Bakersfield, CA 933XX Engineer's Estimate Yes No Yes No N/A % of Engineer's Estimate Project MBEMBE goal % Bid achievement % Section 3 Status (if construction contract exceeds $100,000): Yes No N/A All listed contractors certified All listed subcontractors certified Section 3 goal (contractor) obtained Section 3 goal (employee) obtained Greatest extent feasible made Bid amount reasonable Comments: Project goal (contractors) % Bid Achievement (contractors) % Project goal (employees) % Bid achievement (employees) % 05110/17 CC AGENDA PACKET FAG 629 Curable Minor Defects? If yes, please explain: Bid Recommendation: Prepared By: Supervisor Review By: Title: Date: Date: Accept or Reject: 05110117 CC A EN A PACKET FAG 630 Appendix D Home Rent Limits and Maximum Per -Unit Subsidy HOME MAXIMUM PROGRAM RENTS* PROGRAM EFFICIENCY 1 BDRM. 2 BDRM. 3 BDRM. 4 BDRM. Bakersfield, CA. Low HOME rent limit $516 $553 $663 $766 $855 High HOME rent limit $601 $639 $826 $994 $1089 Fair Market rent $594 $631 $816 $1180 $1424 *As of 04/2016 HOME MAXIMUM PER -UNIT SUBSIDY ** Bedrooms HOME Maximum Subsidy 0 $137,362 1 $157,466 2 $191,477 3 $247,709 4+ $271,908 ** As of 10/2015 05110117 CC AGENDA PACKET FAG 631 Appendix E CURRENT LOW- AND MODERATE - INCOME GUIDELINES FOR CDBG, HOME AND ESG Families whose annual incomes are equal to or less than those listed below are determined to be low- and moderate - income families (accessed 08/20/2016): Bakersfield, CA MSA (Median Income: $53,300) Number of Persons in Family 30% Median 50% Median 80% Median 1 $12,400 $20,640 $33,000 2 $16,020 $23,600 $37,700 3 $20,160 $26,550 $42,400 4 $24,300 $29,450 $47,100 5 $28,440 $31,850 $50,900 6 $32,580 $34,200 $54,650 7 $36,550 $36,550 $58,450 8 $38,900 $38,900 $62,200 The following client groups are generally presumed by HUD to be principally low /mod income persons: abused children, elderly persons, battered spouses, homeless persons, adults meeting Bureau of Census definition of severely disabled persons *, illiterate adults, persons living with AIDS, and migrant farm workers. *Persons are considered severely disabled if they meet the following criteria: Use a wheelchair or another special aid for six months or longer; 2. Are unable to perform one or more functional activities (seeing, hearing, having one's speech understood, lifting and carrying, walking up a flight of stairs and walking), needing assistance with activities of daily living (getting around inside the home, getting in or out of bed or a chair, bathing, dressing, eating and toileting) or instrumental activities or daily living (going outside the home, keeping track of money or bills, preparing meals, doing light housework and using the telephone); 3. Are prevented from working at a job or doing housework; 4. Have a selected condition including autism, cerebral palsy, Alzheimer's disease, senility or dementia, or mental retardation; 5. Are under 65 years of age and are covered by Medicare or receive Supplemental Security Income (SSI). 05110117 CC AGENDA PACKET FCC 632 Appendix F NOTE: Applicant must be at least 18 years of age or emancipated minor. (area below is to be completed by interviewer) 1 This applicant is a qualified low income household based upon the following criteria (check one): the applicant's sole income is assistance from government programs, such as AFDC or Food Stamps. >>Attach evidence of such assistance<< the applicant has provided self- certification of family income with signature. >>Attach completed Income Self- Certification<< 2 This applicant is not a low income qualified household (note: if applicant's family income is greater than 80& of median as identified in the attached Income Self - Certification, the applicant is not low income). Interviewer's signature: Today's date: (area below to be completed by public /non - profit agency) This person was interested in using the facility at Demographics: A. Female Head of Household? Yes No B. What is the ethnicity of the family? Supervisor's Signature: 05110117 CC AGENDA PACKET FCC 633 Appendix G Income Self- Certification Applicant's name (please print): First Middle Last My current yearly family income is equal to or less than the income level I have indicated below for my family size. I understand this information is subject to verification by authorized officials. Instructions: 1. Find the number of persons in your family on the chart below. 2. Circle this number. 3. Next to this number are dollar ranges. Circle the one which includes your family income. * 1. Sion and date this form below. Number of Persons in Family 30% Median 50% Median 80% Median 1 $12,400 $20,640 $33,000 2 $16,020 $23,600 $37,700 3 $20,160 $26,550 $42,400 4 $24,300 $29,450 $47,100 5 $28,440 $31,850 $50,900 6 $32,580 $34,200 $54,650 7 $36,550 $36,550 $58,450 8 $38,900 $38,900 $62,200 * As of 03/2015 I affirm under penalty of perjury that this income self- certification is true and correct to the best of my knowledge. Signature of applicant: Print applicant's name: Today's date: 05110117 CC AGENDA PACKET FCC 634 Appendix H Sample Resolutions In order to apply for the funding programs listed in this handbook, the City of Bakersfield requires that organizations having a governing body (such as a Board of Directors) submit an approved resolution with the application packet, stating that the governing body has knowledge of and authorizes the application. Therefore, to assist you in this process, a sample resolution authorizing application for City funding can be found below in Sample #1. Likewise, if the City of Bakersfield approves the proposed project, the next step is an agreement for the funding between the applying organization and the City of Bakersfield. Depending on your organization's by -laws, your governing body may also need to approve execution of that agreement. Thus, an example of a resolution to accept funds and approve an agreement can be found in Sample #2. This resolution is not required at the time the application is submitted. Sample Resolution #1 Language Authorization to Apply for City Funding (required to be submitted with application) Resolution The Board of Directors of XYZ NONPROFIT, owners of the GENERIC at 123 MAIN STREET, met on FEBRUARY 28, xxxx, in Bakersfield, California at a scheduled Board meeting and resolved as follows: RESOLVED, XYZ NONPROFIT, a California non - profit organization, hereby requests the City of Bakersfield to provide financial assistance in the total amount of (funding amount requested) for (Purpose of financial assistance requested). FURTHER RESOLVED, the President or the President's designee XYZ NONPROFIT, is hereby authorized to request this course of action by completing any and all application documents for submittal to the City of Bakersfield on behalf of XYZ NONPROFIT. APPROVED, by a majority vote of the Directors of XYZ NONPROFIT, this day of , 200x. Name Title Sample Resolution #2 Language Execution of Agreement and Acceptance of Funds and Obligations Resolution The Board of Directors of XYZ NONPROFIT, owners of the GENERIC at 123 MAIN STREET, met on FEBRUARY 30, XXXX, in Bakersfield, California at a scheduled Board meeting and resolved as follows: RESOLVED, XYZ NONPROFIT , a California non - profit organization, hereby accepts the 05110117 CC A EN A PACKET PG 6,3.E financial assistance from City of Bakersfield in the amount of $xxx,xxx, and the obligations that accompany said funds, to (Purpose of financial assistance). FURTHER RESOLVED, the President of XYZ NONPROFIT, is hereby authorized to execute any and all legal documents on behalf of XYZ NONPROFIT required to secure said financial from the City of Bakersfield. APPROVED, by a majority vote of the Directors of XYZ NONPROFIT, this day of , XXXX. Name Title 05110117 CC A EN A PACKET PG 636 Appendix I IR1111A►iyP►IIa19A, 9[01ZW- 112111 1611111:1_1Z[63t TENTATIVE LANGUAGE FOR PROJECT AGREEMENT The (name of subrecipient) shall indemnify, defend, and hold harmless HUD, CITY, its officers, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by (name of subrecipient), (name of subrecipient)'s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. In addition to any other insurance or bond required under this Agreement, the (name of subrecipient) shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 1. Provide coverage for owned, non -owned and hired autos. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 1. Provide contractual liability coverage for the terms of this Agreement. 2. Contain an additional insured endorsement in favor of the HUD, CITY, its mayor, council, officers, agents, employees and designated volunteers. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of HUD, the CITY, its mayor, council, officers, agents, employees and designated volunteers. Except for professional liability, all policies required of the (subrecipient) shall be primary insurance as to HUD, the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the (subrecipient's) insurance and shall not contribute with it. 05110117 CC AGENDA PACKET PG 637 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less than Bests' A -VIII. 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 Bests' A -VIII, must be declared prior to execution of this Agreement and approved by the CITY in writing. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. The (subrecipient) shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. Full compensation for all premiums which the (subrecipient) is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefore or for additional premiums which may be required by extensions of the policies of insurance. It is further understood and agreed by the (subrecipient) that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the (subrecipient) in connection with this Agreement. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for (subrecipient). 05110117 CC AGENDA PACKET FCC 638 Appendix J SWIW E ABBREVIATED PROJECT IMPLEMENTATION CHECKLIST /TIMELINE CITY OF BAKERSFIELD ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT For Funded Projects Utilizing City Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Shelter Grant (ESG) Funds Project Title: Recipient: _ Project Year: _ Budget/Address: Project Contact Person: City Contact Person: Name of Project Phone Number: Phone Number: OPERATING STEPS RESPONSIBLE PARTY ESTIMATED DATE OF COMPLETION RECIPIENT CITY ALL PROJECTS 1. Underwriting /financial project review X 2. Appropriation of Federal Funds X 3. Env. Review /Phase I - Hazard Materials (if applicable) Lead Based Paint (LBP) Risk Assessment (if applicable) Env. Review /Phase 11— Testing and Sampling with Recommendations (if applicable) X 4. Release of Funds if (Completed NEPA review per HUD) X 5. Prepare Draft Agreement X 6. Review of Draft Agreement X 7. Execution of Agreement (requires City Council action) X X 8. Execution of Purchase Order X 9. Subrecipient Orientation * - Kick off project management mtg X X PROPERTY ACQUISITION PROJECTS 10. Narrative Appraisal (if applicable) & Second Review X X 11. Acquisition of Real Property (if applicable - see attached sample checklist for property acquisition) X X CONSTRUCTION & REHABILITATION PROJECTS 12. Request for Proposals (RFP) Design Preparation (if applicable) ** X 13. Selection of Consultant (if applicable) X Technical assistance is available from Economic and Community Development staff. ** If no HUD funds are to be used for acquisition or engineering /design related costs steps 9 thru 14 can be ignored. 05110117 CC AGENDA PACKET FAG 639 05110117 CC A EN A PACKET FAG 640 RESPONSIBLE PARTY ESTIMATED OPERATING STEPS DATE OF RECIPIENT CITY COMPLETION 14. Price /Cost Analysis of Bids (for design) X 15. Execution of Design Agreement X 16. Kick off Notice to Proceed mtg. (with City /subrecipient X X staff) — if already completed per step 8 this could be ignored 17. Preparation of Bid Package X 18. Review of Bid Package to Federal Requirements X 19. Bidding Process (3 - 4 weeks) — Public Notice to Contractors X 20. Pre -Bid Conference (during bidding time) X X A. Wage Compliance Procedure Guidelines B. Discuss Verification of Contractor(s) Eligibility C. Discuss Section 3 requirements (if applicable) D. Discuss Bidding Deadlines and Project Coordination 21. Review Bids (bid analysis form) - Price /Cost Analysis X X 22. Determine Contractor(s) Cleared by HUD X 23. Approval by Subrecipient of Construction Award(s) X 24. Contract(s) Award — Subrecpient executes contracts X 25. Preconstruction Phase: X X A. Pre - Construction Conference mtg. (Precon) B. Reverification of Wage Rates and Monitoring C. Verification of Apprentice and Training Programs D. Importance of Labor Standards Enforcement File E. Conference Minutes 26. Project Notice to Proceed to Contractor(s) X 27. Project Begins (work starts) X 28. Construction Quality Control & Supervision X 29. Project Monitoring' X A. Employee Compensation & Site Interviews X X 1. Prevailing Wage Audit 2. Letters to Obtain Prevailing Wage Compensation B. Review and Sign Off on Project Payrolls X C. Review and Sign Off on Partial Payments X X D. Above Monitoring Information sent to City X X 1. Determine if in compliance or need for wage restitution or withhold payments. 30. Insure compliance with Section 3 if $100,000 or more for X construction 31. Amendments to the Contract (Change Orders) X X 32. Price /Cost Analysis (If there are change orders) X 33. Project Completion /Final Walk- Through (Notice of X X Completion Filed) * ** Copies of project monitoring information must be provided to City on a timely basis prior to City making partial or final payments. 05110117 CC A EN A PACKET FAG 640 Rev. — 8/10/10 (RAB -EDCD) 05110117 CC A EN A PACKET FAG 641 RESPONSIBLE PARTY ESTIMATED OPERATING STEPS DATE OF RECIPIENT CITY COMPLETION 34. Project Close -out Summary Report * * ** X 35. Final Payment (10% retention) X X 36. HUD /EDCD Audit for CD Project File (Close out) * * * ** X 37. Ribbon Cutting Ceremony (optional) X * * ** Depending on the nature of activity, the project to be assisted with City funds may take six to eighteen months for completion after project is funded on July 1 * * * ** Need final wage compliance and Section 3 (if HUD funded construction funds exceeds $100,000) summary report verifying or attesting to compliance with federal labor standard provisions and related acts. Close -out project summary report should identify date(s) interviews were conducted and any discrepancies identified; and any corrections /resolutions affecting the project. Must be signed by appropriate agency official and submitted to City Economic and Community Development Department (EDCD) before release of final payment. The project that is receiving funds for construction or rehab must have documentation that reflects basic construction record keeping (the agency /developer receiving the assistance is primarily responsible for this record keeping unless EDCD is the lead agency then the responsibility lies with the department). The project file should include: correspondence, transmittals, meeting minutes, contract documents, contract change orders, information requests, schedules and updates, bid submittals, progress reports, payment requests, construction photos, punch lists, construction cost records, inspection records, lien releases, and other project record documents such as certified payrolls, field logs, signed off permits and a Notice of Completion. Rev. — 8/10/10 (RAB -EDCD) 05110117 CC A EN A PACKET FAG 641 Appendix K CITY OF BAKERSFIELD ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT ACQUISITION CHECKLIST FOR HUD FUNDED PROJECTS BACKGROUND Project Name: Address of Site: Project Description: Owner of Site: Address of Owner: Owner's Phone /Fax: Date Acquisition Began: Voluntary or Involuntary Acquisition? If occupied, occupants residential or commercial owners ?: If occupied, occupants residential or commercial tenants? IMPLEMENTATION Real Estate Agent/Phone Project Manager: Building Vacant or Occupied? and /or OPERATING STEPS DATES AND COMMENTS 1. Official determination to acquire A. Date budget item approved by Council (type of funding source) B. Date agreement signed if a sub - recipient is involved 2. Appraisal bids sought (not required if using annual contract) 3. Preliminary Title Report ordered 4. Date General Information Notice & Notice of Interest sent 5. If involuntary aquisition, date Notice of Intent to Acquire sent to Property Owner (if applicable, relocation booklets mailed — see next step) 6. Date property owner, and tenants receive URA brochure information 7. Relocation initiated (if required) 8. Condemnation guarantee obtained (only if required) 9. Date appraiser notified to appraise 10. Meet with Property Owner & tenants; give information and answer questions (verify citizenship) 11. Letter to Property Owner regarding cooperating with appraiser 12.Appraisal completed 13. Review appraisal completed (signed statement provided)* * Note: The review appraiser must be satisfied with the correctness of the appraiser's opinion of fair market value (see 49 CFR 24.104 and /or HUD Handbook 1378 for review appraisals), and the review appraiser's certification of recommended approval or denial of the valuation process must be in writing 05110117 CC AGENDA PACKET FAG 642 OPERATING STEPS DATES AND COMMENTS 14.Just compensation established (closed Council session approval if under Eminent Domain) 15. If voluntary acquisition, was there an administrative settlement (if so, was there a written justification in the file — state dollar amount in comment section) 16. Date of initiation of negotiations and just compensation letter sent (initial written purchase offer with summary of just compensation) 17.Letter mailed to occupant of acquisition regarding initiation of negotiations and their rights — for tenants it is called Notice of Eligibility (if applicable) 18. Date owner accepted offer (state amount of offer in comment section) 19. Prepare Purchase Agreement (if necessary) and ask for preliminary estimated escrow costs from title company in writing 20.Come to an Agreement with relocatees on relocation claims (if applicable) Order city escrow check (includes selling price & escrow charges) 21. Property placed into escrow 22. Date final Agreement executed (by all parties) 23. Date condemnation proceedings instituted (if required) 24. Date estimated just compensation deposited with Courts (if necessary — i.e., eminent domain proceedings completed) 25.Claim Voucher prepared 26. City check delivered to Escrow 27. Date of 90 -Day Notice to Vacate Property ** 28. Date title vested to City /RDA (secure & take pictures of property) 29.30 Day Notice to Vacate to occupants sent 30. Relocation form 40055/40056 completed for non - residential tenants (if applicable) 31. Relocation check delivered to tenant - occupant (if applicable) 32. Relocation check to owner (if applicable) 33. Date of surrender of possession by occupant to owner "Note: If City staff is in agreement, occupants may request to extend occupancy beyond close of escrow. If this occurs, the 90 Day Notice should be arranged to end when the lease agreement expires. Final Comments: Date and signature file was satisfactorily closed out by the organization's Project Manager: Date: Project Manager Signature: Project Manager Printed Name: 05110117 CC A EN A PACKET FAG 643 Appendix L Cost Reimbursement, Audit, and Financial Reporting Standards OMB Circular A -122 Purpose: This Circular outlines the principles for determining reimbursable costs of work performed connected to projects funded by HUD grants, contracts, and agreements between most non - profits and the City of Bakersfield. This circular does not apply to colleges, universities, or hospitals. All applicants need to detail specific expected project costs, separating allowable costs from other costs. OMB Circular A -133 Purpose: This Circular outlines the standards for consistency and uniformity of Federal agencies for the audit of non - Federal entities expending Federal awards. The Auditor may be a public accountant or a Federal, State, or local government audit organization. The Auditor may not be an internal auditor for the non - profit agency. Audits must meet the standards of generally accepted government auditing standards (GAGAS). Non - Federal agencies expending $300,000 or more of Federal awards in a year must conduct a single or program specific audit. Non - Federal agencies expending less than $300,000 are exempt form this requirement but MUST maintain and make available clear records of all program costs including both allowable reimbursable costs as well as non - reimbursable costs. OMB Circular A -110 Purpose: This Circular outlines the standards for uniformity in the administration of Federal grants and agreements awarded to colleges, universities, hospitals, or other non - profits agencies. Sections A- 110.21 through A- 110.28 detail the standards for the non - profit agency's financial management system and rules for satisfying cost sharing and matching requirements, accounting for program income, and determining allowable costs. Non - profit agencies must maintain an accounting system in which transactions are handled, records are kept, and reports are generated to its Board of Directors in a manner that contents of the financial reports are traceable to the original supporting documentation of all financial transactions. The Agency's accounting system must meet the following standards: • Segregation of restricted funds from non - restrictive funds • Segregation of unallowable costs with allowable costs • Segregation of direct from indirect costs. • Proper assignment and allocation of costs to functional classifications • Matching income and applicable credits with associated expenditures • Timely reconciliations of accounts and sub - ledgers • Time - charging systems for labor costs • Timely and accurate financial reporting 05110117 CC A EN A PACKET FAG 644 For compliance with federal regulations the Agency must: • Show effective control over and accountability for all funds, property, and other assets • Show comparisons of outlays with budgeted amounts • Have written internal controls over purchasing, cash disbursements, and cash receipts, including segregation of duties and proper authorization and approval of transactions • Perform periodic internal and external audits of evaluations • Written record retention policies • Documentation of accounting policies, particularly those pertaining to cost charging, timesheet preparation, and procurement 05110117 CC A EN A PACKET FAG 64.E Appendix M Rents and Tenant Eligibility The City of Bakersfield uses the U.S. Census long form income definition to determine tenant eligibility. If the total amount of income received by all occupants of a dwelling is at or below 80% of the corresponding median income, the household is considered "Low- and Moderate - income." If the total amount is at or below 50% of median income the household is designated as "Very -low — income." If the total amount is at or below 30% of median income the household is designated as Extremely -low- income. Unlike other federal programs, the HOME Program distinguishes between the units in a project that have been assisted with HOME funds and those that have not - hence the term HOME - assisted unit. This distinction between HOME - assisted and unassisted units allows HOME funds to be spent on mixed - income projects while still targeting HOME dollars to income - eligible households. • The HOME rent and occupancy rules only apply to the HOME - assisted units • The number of HOME - assisted units are specified in the Project Agreement For projects with both assisted and unassisted units, the City must select either "fixed" or "floating" units at the time of the Project commitment. • Fixed: When HOME - assisted units are "fixed," the specific units that are HOME - units are designated and never change. • Floating: When HOME - assisted units are "floating," the units that are designated as HOME -units may change over time as long as the total number of HOME - assisted units in the project remains constant and each unit is comparable in terms of size, features, and number of bedrooms. A one bedroom unit may not be substituted for a three bedroom unit. The "Project Rule" specifies in projects of five or more HOME - assisted units, at least 20% of the assisted units must be occupied by families who have annual incomes that are 50% or less of median income. These very -low- income tenants must occupy units at or below the Low HOME Rents level. Projects with less than five HOME - assisted units do not have to follow the Project Rule. Income is the determinant. If a tenant's income has increased above the 50% of median income but does not exceed 80 %, the unit is allowed to become a High HOME Rent unit. Households with incomes that have increased to above 80% of median do not have to vacate their units when their rent exceeds that limit, but their rent must be increased. Tenants living in a unit that is designated as "fixed" who no longer qualify as low- and moderate - income 05110117 CC AGENDA PACKET FCC 646 families must pay as rent the lesser of the amount payable by the tenant under State or local law, or 30% of the family's adjusted income. An exception may exist for tenants of HOME - assisted units that have been allocated low- income housing tax credits by a housing credit agency. In addition, in projects in which the HOME units are designated as "floating," tenants who no longer qualify as low- and moderate - income are not required to pay as rent an amount that exceeds the market rent for comparable, unassisted units in the neighborhood. See chart on next page. Rent Reassessment upon Re- certification Facilities with HOME - assisted units may not refuse to rent /lease to a certificate /voucher holder under the Section 8 Program, or to a holder of a comparable document evidencing the participation in a HOME tenant -based rental assistance (TBRA) program because of the status of the applicant as a holder of such a certificate. The Housing Authority of the County of Kern (HACK) establishes monthly allowances for utilities. There are two schedules, one for units that meet current State of California Energy Efficiency Standards and another for those that do not. Generally, if the complex was built prior to 1999 it will not meet those standards. To obtain the utility schedules call HACK at 631 -8500. HUD provides the following maximum HOME rent limits. The maximum HOME rents are the lesser of: • The fair market rent for existing housing for comparable units in the area (see 24 CFR 888.111); 05110117 CC AGENDA PACKET FCC 647 Tenant's income at re- certification Tenant's current rent level 50% - 80% of Median > 80% of median Tenant in a fixed unit pays the lower of: Low HOME Rent Tenants Tenant's rent can increase • 30% of adjusted to High HOME rent income • controlled rent (if rent is controlled) Tenant in a floating unit pays the lower of: • 30% of adjusted High HOME Rent Tenant Tenant continues to pay income if in a fixed HIGH HOME rent unit • market rent • controlled rent (if rent is controlled) Facilities with HOME - assisted units may not refuse to rent /lease to a certificate /voucher holder under the Section 8 Program, or to a holder of a comparable document evidencing the participation in a HOME tenant -based rental assistance (TBRA) program because of the status of the applicant as a holder of such a certificate. The Housing Authority of the County of Kern (HACK) establishes monthly allowances for utilities. There are two schedules, one for units that meet current State of California Energy Efficiency Standards and another for those that do not. Generally, if the complex was built prior to 1999 it will not meet those standards. To obtain the utility schedules call HACK at 631 -8500. HUD provides the following maximum HOME rent limits. The maximum HOME rents are the lesser of: • The fair market rent for existing housing for comparable units in the area (see 24 CFR 888.111); 05110117 CC AGENDA PACKET FCC 647 A rent that does not exceed 30% of the adjusted income of a family whose annual income equals 65% of the median income for the area, as determined by HUD, with adjustments for number of bedrooms in the unit and utility allowances. The maximum HOME rent limits are recalculated on a periodic basis after HUD determines fair market rents and median incomes. HUD provides this information at two websites. Incomes can be found at: www.hud.ciov/ offices / cpd /affordablehousin i/procirams /home /limits /income /index.cfm. Rents can be found at: www. hud.gov/ offices /cpd /affordablehousing/programs /home /limits /rent /index.cfm. The required frequency of on -site post- monitoring is set by HUD (see below) and is determined by the total number of units (as of January 2001), both HUD assisted units and non - assisted units. The project agreement should have this same information. Frequency will be adjusted for projects that are determined to be high risk and /or that have annual compliance reports indicating compliance issues that require more frequent follow -ups. The Project owner is responsible for collecting and retaining information determining tenant eligibility as well as developing a system to re- certify tenant income annually. Tenant income is likely to change over time. If these changes occur during the affordability period, the Project owner must take certain steps to maintain compliance with rent and occupancy requirements. The owner can use three different methods to do this: Number of Units Inspection Required 1 -4 Every 3 years 5 -25 Every 2 years 26 or more Annually • collect and evaluate source documentation; obtain a written statement from the family indicating family size and annual income as well as a statement that the information provided is complete and accurate and source documentation will be provided upon request; or • obtain a written statement from the administrator of another government program under which the family receives assistance verifying annual gross income and family size or current income limits for the program with a statement that the family's income does not exceed the limits. The property owner is required to obtain full source documentation every sixth year. 05110117 CC AGENDA PACKET FAG 648 Appendix N Sample Sources and Uses Statement Include a Sources and Uses of Funds Statement in the financial portion of your business plan. Sources and Uses of Funds Sources of Funds: Company Investment $25,000 Mortgage Loan $45,000 Equipment Loan $30,000 Total Funds Needed $100,000 Uses of Funds: Building Construction / Renovation $60,000 Equipment Purchases $30,000 Working Capital $10,000 Total Project Cost $100,000 The officers of SMITH COMPANY request a capital expansion loan for the sum of $75,000. The funds will be used as outlined above (copies of vendor and contractor quotations are attached). This funding is requested in two parts: Loan One - Building Expansion $45,000 for a term of 15 years at an interest rate of 11.00 %. This loan will be amortized at a rate of $511.47 per month and the primary sources of repayment will be the cash flow from this new plant as well as the cash flow from the ongoing operations of the business (see business plan, page 15). This loan will be secured by a mortgage on the real property of the company. Loan Two - New Equipment $30,000 for a term of five years at an interest rate of 11.50 %. This loan will be amortized at a rate of $659.78 per month for 60 months and the primary source for repayment will be cash flow from operations. This loan will be secured by a lien on the equipment and the personal guarantee of the owners. 05110117 CC AGENDA PACKET PG 649 Appendix N Blank Development Cost Pro Forma Sources & Uses Worksheet Hard Costs $ Soft Costs $ Demolition and Site Preparation Engineering / Design Rough Carpentry $ Architect Finished Carpentry Structural engineer Plaster Mechanical engineer Plumbing Environmental testing Electrical Builder and /or dev. Fees HVAC Legal and Accounting Insulation Loan and Placement fee Structural work Construction loan interest Specialties Closing costs Elevator Building permit Millwork Use fees Signing Building inspection fee Clean -up Bid bond Subtotal, Hard Costs Temporary power & phone Contingency Builder risk insurance Total Hard Costs Advertising and Promotion Bid costs Taxes Total Soft Costs Total Hard & Soft Costs Land Acquisition Costs Total Hard, Soft & Land Acquisition Costs $ Summary of Uses of Funds Sources of funds Land Acquisition Debt 1 Hard Costs Debt 2 Tenant Allowances Grant Soft Costs Equity Total Uses Total Sources 05110117 CC AGENDA PACKET FAG 65 /_1» 4 ki 111 HUD's Performance Measurement System Effective October 1, 2006, grantees and their subrecipients will be required to utilize and implement a performance measurement system as the basis for assessment and management of their program. This means that applicants funded with HUD funds will be required to report on performance measurements dictated by the HUD funding programs on a regular basis. Applicants who receive federal funding will need to develop a timely and robust data collection system in order to meet the new HUD funding requirements. An example of how it may work is listed below. The new performance measurement system maintains the flexibility of the block grants programs, as the objectives and outcomes are determined by the grantees based on the intent of the project and activity. While program flexibility is maintained, the new system offers a specific menu of objectives, outcomes and indicators so that reporting can be standardized and the achievements of these programs can be aggregated to the national level. OBJECTIVES Suitable Living Environment In general, this objective relates to activities that are designed to benefit communities or groups of families by addressing issues in their living environment. Decent Affordable Housing The activities that typically would be found under this objective are designed to cover the wide range of housing that is possible under HOME, CDBG, HOPWA (Housing Opportunities for Persons With AIDS) or ESG. It focuses on housing programs where the purpose of the program is to meet individual family or community needs and not programs where housing is an element of a large effort (that would be captured above under Suitable Living Environment). Creating Economic Opportunities This objective applies to the types of activities related to economic development, commercial revitalization or job creation. OUTCOMES Availability /Accessibility This outcome category applies to activities which provide affordability in a variety of ways in the lives of low and moderate income people. It can include the creation or maintenance of affordable housing, basic infrastructure hook -up, or services such as transportation or day care. Sustainability: Promoting Livable or Viable Communities This outcome applies to projects where the activity or activities are aimed at improving a neighborhood by helping to make it livable or viable for principally low and moderate income 05110117 CC AGENDA PACKET FAG 651 people through multiple activities, or by providing services that sustain communities or sections of communities. OUTPUT INDICATORS Types of reporting indicators that will be required from subrecipients funded with HUD funds are: For each Activity, Grantees Would Report On: • Amount of money leveraged (from other federal, state, local, and private sources) per • Number of persons, households, units (pick which one is appropriate to project or activity, one only) • Income levels of persons or households by 30 %, 50 %, 60 %, or 80% of an area's median income, per applicable program requirements (area benefit activities will use presumptive income categories). However, this requirement is not applicable for economic development projects awarding funding on a "made available basis ". • Number of communities /neighborhoods assisted • Current Racial /Ethnic and disability categories for household reporting still apply Specific Indicators (for CDBG, HOME and ESG) 1) If Activity is (list of infrastructure and service activities) Number of households assisted: • With new access to service or benefit (Grantees will pick from list of services or benefit similar to existing IDIS codes). • With improved access to service or benefit (Grantees will pick from list similar to existing IDIS codes) • Where activity was used to meet a quality standard or measurably improved quality, report number of households that no longer have access to substandard service only 2) Number of homeless persons stabilized due to access to overnight shelter or other emergency housing support. 3) Are activities part of a targeted revitalization effort (Y /N)? If Yes (check one): a) Comprehensive — please choose at least three indicators b) Commercial — please choose indicators c) Housing — please choose indicators d) Other — please choose indicators 05110117 CC AGENDA PACKET FAG 652 Indicators • Number of new businesses assisted • Number of businesses retained • Number of jobs created or retained in target area • Amount of money leveraged (from other public or private sources) • # of LMI (Low Moderate Income) persons served • Slum /blight demolition • # of LMI households assisted • # Acres /Sq ft of brownfields remediated • Of households /persons with new or improved access to public facilities • # of commercial fagade treatment/business building rehab • Other -can include crime numbers, property value change, housing code violations, business occupancy rates, employment rates (optional) 4) Is activity to address slum and blight spot basis (y /n) 5) Number of commercial fagade treatment/business building rehab (site, not target area based) 6) Acres /Sq ft of brownfields redeveloped (site, not target area based) 7) Number of rental units constructed (new) per project or activity Total units: Of total, • Number that are affordable • Number made Section 504* accessible Of affordable, • Number subsidized by program (federal, state or local, with pick list to specify which federal program) • Number of years of affordability guaranteed • Number of housing units (supported through development and operations: or rental assistance) for HIV /AIDS • Of these, number of units for the chronically homeless • Number of units of permanent housing for homeless persons and families (supported through development and operations) • Of these, number of units for the chronically homeless 8) Number of rental units rehabbed: Total number of units: Of total: 05110117 CC AGENDA PACKET FAG 653 • Number made affordable • Number made Section 504 accessible • Number moved from substandard to standard (code) • Number meeting International Building Code (IBC) Energy Standards • Of those, number meeting Energy Star standards • Number brought to lead safety Of affordable: • Number subsidized by federal, state or local program (with pick list to specify which federal) • Number subsidized by program • Number of years of affordability guaranteed • Number of housing units (supported through development and operations) for persons with HIV /AIDS • Of these, number of units for the chronically homeless • Number of units of permanent for homeless persons and families (supported through development and operations) • Of these, number of units for the chronically homeless * "Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities in federally funded programs and activities. The Justice Department's Disability Rights Section is responsible for ensure compliance with the provisions of section 504." 9) Direct Financial Assistance to homebuyers: • First -time homebuyers — Y/N • Subsidized tenants — Y/N • Minority household — Y/N • Downpayment Assistance — Y/N • Closing Costs — Y/N • Mortgage buydown — Y/N • Interest Reduction — Y/N • Second Mortgage — Y/N • Principal Reduction — Y/N 10) Number of owner occupied units rehabbed or improved: • Number of units brought up to standard condition (as defined by grantee using applicable program regulations) • Number brought to IBC Energy Standard • Of those, number brought to Energy Star standards • Number brought to lead safety • Number subsidized by federal, state or local program (pick list to specific which 05110117 CC AGENDA PACKET FAG 65 federal program) (Note: Section 504 is not applicable)* 11) Number of jobs created: • Employer sponsored health care benefits: Y/N • Type of job created (use existing EDA classification) • Prior employment status before taking job created: • Number of Unemployed 12) Number of jobs retained, saved, or maintained: • Employer sponsored health care benefits: Y/N • Type of job created (use existing EDA classification) • Prior employment status before taking job created: • Number of Unemployed N/A for projects awarding funding on a "made available to basis 13) Number of businesses assisted (new, expansion, relocation, start -up): • DUNs number • Two digit NAIC industry classification (if needed) 14) Start -ups that remains operational 3 years after assistance (no reporting necessary, HUD to determine if available through DUNs) 15) Does assisted business provide a good or service to meet needs of service area /neighborhood /community (to be determined by community)? Y/N 16) Number of Homeownership Units Constructed, Acquired, and /or Acquired with Rehabilitation (per project or activity) Total Number of Units Of those: • Number of affordable units • Number of years affordability guaranteed • Number meeting IBCE standards (plus Energy Star) • Number made Section 504 accessible Of affordable: • Number subsidized by state /local programs • Number subsidized by federal programs 05110117 CC AGENDA PACKET FAG 655 Number specifically for HIV /AIDS Number specifically for homeless Of those, number specifically for chronically homeless 17) Number of renter units assisted with on -going (monthly) subsidies (TBRA) Total Number of units Of those: • Number subsidized by state /local programs • Number subsidized by federal programs • Number assisting HIV /AIDS • Number assisting homeless • Of those, number assisting chronically homeless 05110117 CC AGENDA PACKET FAG 656 APPENDIX P CITY OF BAKERSFIELD CERTIFICATION STATEMENT City of Bakersfield Fiscal Year 2017 -18 Funding Project Title: Amount of Funds Requested: Amount of Total Project Budget: Applicant Information: Legal Name of Applicant/Organization: Type of Organization: Mailing Address: Previously funded Project Nonprofit _ Government_ Private_ Has your organization carried out a previous community or housing development funded project with the City of Bakersfield or County of Kern, and if so, did you satisfactorily complete your project agreement, conditions and obligations? Yes_ No N /A_ If "Yes" please provide government contact legal name and phone number. If "no ", please explain on a separate sheet of paper. Applicant Contact Person: Telephone: Title: Fax: Email: 05110117 CC A EN A PACKET FAG 657 Certification: "1 certify that 1 have reviewed this application and that, to the best of my knowledge and belief, all of the information provided in this application is true. " Signature of Authorized Representative Date Print Name licant Federal I.D. Number Title 05110117 CC A EN A PACKET FAG 658 APPENDIX Q MAP OF LOW- AND MODERATE - INCOME AREAS FY 2016 -17 Detailed map available at www.bakersfieldcity.us > Government > Departments > Community Development > Planning > Economic Development and Housing Services > Grants, Housing, and Public Improvements 05110117 CC A EN A PACKET FAG 659 APPENDIX R ACTIVITY BENEFICIARY REPORT Facility Name: Service Provider Agency: Reporting Period: Number of Persons Assisted Who Are: Comments: 05110/17 CC A GENDA PACKET FAG 660 Hispanic /Latino 1 2 3 Total Number Total Number Total Number Extremely Very Low Low Income Persons with Female Assisted Low Income Income (80% of Disability Head of White (30% of (50% of Median) Chicano Household Median) Median) Total Number AND White of Individuals Puerto Rican Black /African White Comments: 05110/17 CC A GENDA PACKET FAG 660 Hispanic /Latino RACE Ethnicity Total Number Total Number Total Number Assisted Assisted Assisted American Mexican / White Indian or Chicano Alaskan Native AND White Asian AND Puerto Rican Black /African White American Asian Black /African Cuban American AND White American American Indian or Other Hispanic Indian or Alaskan Native / Latino Alaskan Native AND Black /African American Native Other Non - Hispanic / Hawaiian or Latino Pacific Islander Comments: 05110/17 CC A GENDA PACKET FAG 660 ■ z D x 25 0 Z 0- LU 0- IL 0 IL LL 0 U) W rkml, I"p ,66 77, 7 TT 7,7—,,-- i� r 10� EP 21 ❑ ❑ 05110/17 CC A GENDA PA CKET PG 6 61 ID colt, (D un in 6 E 05110/17 CC A GENDA PA CKET PG 6 61 Attachment B — Program Performance Standards 05110/17 CC A GENDA PACKET FAG 662 City of Bakersfield ESG Program Performance Standards ESG Component Outcome • Number of persons placed in shelter, safe havens or permanent housing • Number of persons with more non - Street Outreach cash benefits • Number of persons participating in case management or Aftercare Services • Number of persons exiting to temporary or transitional housing • Number of persons exiting to Emergency Shelter permanent housing • Number of persons participating in Case Management or Aftercare Services • Number of persons who maintained their permanent housing for 6 months or longer • Number of persons exiting to permanent housing Rapid Re- housing Number of persons with Higher income at program exit • Number of persons with more non - cash benefits • Number of persons participating in Case Management or Aftercare Services *Subject to changes as necessary to support the collaboration between the Kern County Homeless Collaborative (CoC) and the City of Bakersfield ESG Programs. 05110117 CC AGENDA PACKET FAG 663 Attachment C - Map of FY 17 -18 Action Plan Projects 05110117 CC A EN A PACKET FAG 664 f Map of FY 17-18 Action Plan Projects CITY �F IE L 1:01 i lyl V All Family Vioerce P Eahasfed DI'mDepa,v--t- C,—O,iry Reletw sOffi rr I 0�—d.,A— ClG/S R--Vuai., WWFE LN Rood M: � i stnes EDC,'G/S Street_ Improvements City Parks ...... City Limits kA Law- and Moderate Inc ome Areas Stiiern F .,k Feet 0 2,000 4,1000 05110117 CC AGENDA PACKET PG 665 L 1:01 i lyl V LaFrar�l'-1 Tara Area I "11,110"ll v-, • F 2,k —Old —r Kvr CGS Re-pgr-tw F Ow— EDC,'G/S Street_ Improvements City Parks ...... City Limits kA Law- and Moderate Inc ome Areas Stiiern F .,k Feet 0 2,000 4,1000 05110117 CC AGENDA PACKET PG 665 L V LaFrar�l'-1 Tara Area v-, FY 17-18 Projects EDC,'G/S Street_ Improvements City Parks ...... City Limits kA Law- and Moderate Inc ome Areas Stiiern F .,k Feet 0 2,000 4,1000 05110117 CC AGENDA PACKET PG 665 Draft Action Plan Comments As a part of the City of Bakersfield 2020 ConPlan, Citizen Participation Plan, and HUD's requirements the City of Bakersfield solicits community input for thirty days on our Draft Action Plans. This document is released on an annual basis and provides detail on what projects are proposed for funding prior to finalizing our allocations use for the program year. This year, the City of Bakersfield is actively soliciting community engagement and recommendations in the process of applying our funding strategies to ensure community members are engaged in the direction and decision making of our programs. As a part of our process, community members are contacted and provided multiple avenues to review the Draft Action Plan and provide feedback. Staff outreach efforts include the following: - Informing residents of the Draft Action Plan's release through published notifications in the Bakersfield Californian (English) and El Poplar (Spanish). - Delivering copies of the Draft Action Plan to six public libraries, multiple City offices, and posting a copy of the Draft Action Plan on our department's website. - Sending notices to internally developed contact list regarding the availability of the Draft Action Plan for review. - Hosting a community outreach meeting at the Housing Authority of the County of Kern's Community Room, located at 1001 Baker Street on Tuesday, April 25th. As of April 18th, 2017, staff has received two comments on the proposed use of 2017- 2018 Action Plan funds. 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Our outreach was conducted in two ways: the first involved an oral presentation of our programs to a specific community group about the qualifying uses of our funds, then soliciting feedback and recommendations from group members on their preferred use of those funds. The second involved staff attending community outreach events, where participants were presented with a chart of the various programs and services our HUD funds could support; they were asked to rate the top five needs that would provide the most benefit to their community. Once participants provided us with their top five programs, participants were asked why they made their selection and in what particular way could the City meet that need. As a result of the feedback, staff documented their specific needs from each event. In turn, this data will allow us to build a better image of what each neighborhoods /clientele group needed in the way of services. Overall Feedback During the course of the year staff attended six public outreach events and received feedback from 225 residents. Of these respondents, 153 identified as Hispanic, 19 as black, 14 as special needs /disabled, 22 as female head of households, and 35 identified as non - English speaking. After tallying the identified needs of residents who participated in these efforts, the top items identified by participants were as follows: - Street improvements - Job creation and job training - Youth centers - Tree planting - Mental health services - Street lighting - Homeownership assistance Throughout the course of our community engagement, we strived to reach different community groups and different areas within Bakersfield to ensure that we gathered feedback from all residents living within block groups that qualify for HUD funding. A summary page for each outreach effort can be found below. 1I P a ge 05110/17 CC A GENDA PACKET FAG 671 Outreach Event: Center for the Blind an Visually Impaired, Fair Housing Services Outreach Meeting Date: July 20th, 2016 Location: Center for the Blind and Visuall Impaired 1721 Westwind Drive, Unit B Bakersfield, CA 93301 Reason for Attendance: Targeted outrea to a limited clientele group Needs for the Area: d d✓Y A,4YN ��, � �, AllN y r , 9. y c h l Staff spoke to a group of nineteen community members about the City of Bakersfield's services for the disabled, Fair Housing Services, and solicited feedback from attendees about areas of improvement for the program. Because of this meeting's structure, we were not able to ask participants to report their top five program priorities for the use of future federal funds. Rather, attendees voiced specific barriers they face throughout their community, which represent needs for improvement. Their comments were documented by participating staff. Notable Feedback: Specific needs voiced during the meeting include: - The stoplight west of the intersection of California Avenue and Stockdale Highway is too quick for community members with disabilities to cross the street in a safe manner. Attendees requested the stoplight be longer. - The road conditions on Wilson Road between Hughes Lane and Wible Road is unsafe for pedestrians. This portion of Wilson Road is a .5 mile long with 4 lanes of traffic and one stoplight Castro Lane. Pedestrian improvements for residents crossing the street would help. Participants also stated that bus accessibility was a concern as the bus only stops on the north side of the street, forcing residents on the south side to constantly cross Wilson Road. - Bus accessibility was a concern repeatedly mentioned during the discussion. - Improved food delivery program would be of great assistance to residents. - Tactile markings for home services such as water faucets, the air conditioning dial, and home appliances for other daily needs would help visually impaired residents more efficiently use their homes services. - Voice operated lights, appliances, and other living needs would help them operate around the home. - Talk -in box, call monitor, or other improvements would help residents communicate verbally with people who come to their door. - Mailbox accommodations. Some participants wanted closer access from their mailbox to their front door. 21 P a ge 05110/17 CC A GENDA PACKET FAG 672 Outreach Event: Good Neighbor Festival Date: October 8t", 2016 Location: Martin Luther King Park 1000 South Owens Street, Bakersfield, CA 93307 Reason for Attendance: Outreach event within a low -mod area Needs for the Area: J rflln' Dh/J vry; During the course of the event staff received feedback from 34 residents on the programs and investments they would like to see within their community. Based on their participation, the following items were the most prioritized for investment: - Homeownership Assistance - Job Creation - Job Training - Street Improvements - Youth Services - Youth Centers Notable Feedback: Specific needs requested during the event include: - Skate Park improvements and a Community Center at Heritage Park. - Curb, Gutter, and Sidewalk improvements on Oswell Street. - Curb, Gutter, and Sidewalk improvements around California Avenue, Union Avenue, and Martin Luther King Park. - Curb, Gutter, and Sidewalk improvements around Potomac and Virginia Avenue. - Tree trimming at Martin Luther King Park. - Youth and disabled services at Martin Luther King Park. - Job skill training services at Martin Luther King Park. - Street lighting improvements along 4t" Street and Martin Luther King Blvd. - Street improvements along 21 It Street near Baker Street. - Crime Prevention Services in the neighborhoods around California Avenue and Mount Vernon Avenue. 31 P a ge 05110/17 CC A GENDA PACKET FAG 673 Outreach Event: Greenfield Family Resource Center Open House Date: October 1 It", 2016 Location: Greenfield Family Resource Center 5400 Monitor Street Bakersfield, CA 93307 Reason for Attendance: Outreach meeting within a low -mod area r P n rid Y, ✓t Needs for the Area: During the course of the event staff received feedback from 49 residents on the programs and investments they would like to see within their community. Based on their participation, the following items were the most prioritized for investment: - Tree Planting - Street Lighting - Street Improvements - Job Training - Community Centers Notable Feedback: Specific needs requested during the event include: - The need for a PAL facility in the Greenfield area. - The need for a mentorship program for boys. - The need for a daycare center in the area. - Assistance programs for residents to start -up businesses. - More sidewalks needed along Union Avenue. - A park to be built on the vacant land at Union and Panama. - Installing more lights on Acres from Berkshire to Hosking. - The area behind Foods Co on White Lane needs more water services and people to pick up litter. - The need for a Boys and Girls Club in this area, or a similar youth center - Longer bathrooms hours at Stiern Park. - A crosswalk and stoplight at Union and East Versace. - The Tierra Del Sol Colonias (nearby apartment complex) needs more lighting and street improvements on the surrounding streets. - A small park is needed on Pacheco and H Street. - Improved lighting and Police Services in the area around 3307 Anderson Street. 41 P a ge 05110/17 CC A GENDA PACKET FAG 674 Outreach Event: The Downtown Business Associations Third Thursday Date: October 20th, 2016 Location: Central Park at Mill Creek 600 21 st Street Bakersfield, CA 93301 Reason for Attendance: Outreach Meeting within a low -mod area Needs for the Area: 1 7. 7-77,7 7`77, During the course of the event staff received feedback from 12 residents on the programs and investments they would like to see within their community. Based on their participation, the following items were the most prioritized for investment: - Street Improvements - Street Lighting - Tree Planting - Park and Recreational Facilities - Homeownership Assistance Notable Feedback: - No specific needs were solicited during the outreach event. 51 P a ge 05110/17 CC A GENDA PACKET FAG 6 7.E Outreach Event: Disability Awareness Day Date: October 26'", 2016 Location: Bakersfield College 1801 Panorama Drive Bakersfield, CA 93305 Reason for Attendance: Targeted outreach to a limited clientele group Needs for the Area: ,mw,,wrl�rv�""'%"" �,Py?" °" / � "°'' /�� ,�...mwwJrore�tuwwrwi.!�,vswas •w a �a L Or 9 Nu� 7� During the course of the event staff received feedback from 91 residents on the programs and investments they would like to see within their community. Based on their participation, the following items were the most prioritized for investment: - Mental Health Services - Youth Centers - Job Creation - Affordable Housing - Job Training Notable Feedback: - No specific needs were solicited during the outreach event. 61 P a ge 05110/17 CC A GENDA PACKET FAG 676 Outreach Event: Greenfield Helps Collaborative - Monthly Meeting Date: November 10th, 2016 Location: Greenfield Family Resource Center 5400 Monitor Street Bakersfield, CA 93307 Reason for Attendance: Outreach meeting within a low -mod area Needs for the Area: During the course of the meeting staff presented about the programs our HUD funds support to a group of 22 members of the collaboration. After the presentation, collaborative members presented follow -up questions to the presenting staff in order to gather more knowledge about the funding process and the different programs funds have assisted over the years. Notable Feedback: - No specific needs were solicited during the outreach event. 71 P a ge 05110/17 CC A GENDA PACKET FAG 677