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03/02/22 CC AGENDA PACKET
00 BAKERSFIELD BAKERSFIELD CITY COUNCIL THE SOUND OF rc�°h`�l� h'��(eY AGENDA MEETING OF MARCH 2, 2022 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS a. Agenda Item Public Statements b. Non -Agenda Item Public Statements 3. WORKSHOPS Public comments will be received after Staff presentation. 4. REPORTS a. Affordable Housing Strategy b. Provide direction regarding proposed Charter Amendments for the November 2022 General Election. 5. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding the following: 1. Amelia Lopez, a minor, through her Guardian ad litem, Amelia Ascencio v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-19-100724 2. Linda Yunk, et al. v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-18-100279 (lead case) consolidated with Eli Yunk, et al v City of Bakersfield BCV-18-100371 6. CLOSED SESSION ACTION 7. ADJOURNMENT %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Reports 4. a. TO: Honorable Mayor and City Council FROM: Paul Saldana, Economic and Community Development Director DATE: 12/20/2021 WARD: SUBJECT: Affordable Housing Strategy STAFF RECOMMENDATION: Staff recommends receive and file of the Affordable Housing Strategy presentation and provide direction for next steps. BACKGROUND: On September 17, 2017 Senate Bill 2, known as the Building Homes and Jobs Act, was signed by Governor Jerry Brown to address the housing crisis and shortage in the State of California. As part of the 15-bill package, a real estate recordation fee was adopted to fund the State of California's ongoing efforts to increase affordable housing production. Known as the Permanent Local Housing Allocation (PLHA), this funding mechanism developed an annual entitlement resource to support local entities efforts to increase housing production. With the first year's allocation, local governments were given funding to develop plans to study and identify mechanisms to accelerate hosing production, with a focus on increasing unit production and increasing affordability. Through this allocation, the City of Bakersfield received $625,000 to develop strategies to spur the development of more housing units. On November 23, 2020 staff in the Development Services Department released a Request for Proposals (RFP) to identify a qualified consultant to develop the City of Bakersfield's Affordable Housing Strategy. Two proposals were received, with the proposals submitted by ECONorthwest, with Baird and Driskell Planning as a subconsultant, being identified as the winning bidder. Since March 2021, the consultant team has been working on the plan, which included seven separate but pivotal sections to increase affordable housing development. Those areas were as follows: • Affordable Housing Trust Fund Analysis • Developer Fee Assistance Program • Accessory Dwelling Unit (ADU) Incentive Program • Research Report on Existing Housing Conditions • Housing Inventory and Policy Tool • Community Engagement • Finance and Development Plan Cumulatively, the strategies will assist in the City in evaluating future policy changes to spur housing development, identify addition funding opportunities streamline the research of existing sources to increase unit production, and provide tools to help spur growth and deliver development information to housing developers. As developed, these tools will serve as foundational components of the City's future efforts to increase financing mechanisms for housing development and pursue policies and programs to spur new growth. This report will provide an overview of the strategy, including the various components of the plan, how each element can be used to increase housing production and meet the community's housing needs, and provide a slate of options for your Council to consider in finalizing the deliverables and strategies which will be incorporated into the plan. ATTACHMENTS: Description Type D A foirddble li...11ousliing S trat�egy O eirviie F1 reserirntadoin • EJ EJ 0 a w a_ S 0 a w F- U w O a E - O O CO 0 COO O _ N N O U — Cl) C/) O O O � � U Cf) co i-- co O O N U U Q O U 7D 0-U Q O co = = o a_�� N O N U N � > co O O U N O co N U N O Q) E O O U N U U > U O cu U +� N C� +-� MA wow am — an fln -1 I I I I I si!unbuisnOH I I I I ,I- 0 rq cu 0 0 Ili ca CD uuu E CL IR E 0 u 0 C: 0 CM ............. 0ill 11 . .. . .. . .. . .. . . . ........... .......... III. 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TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 2/24/2022 WARD: SUBJECT: Provide direction regarding proposed Charter Amendments for the November 2022 General Election. STAFF RECOMMENDATION: Council determination/direction. BACKGROUND: Police The Stipulated Judgment entered into between the City of Bakersfield and the California Department of Justice (DOJ) in August 2021 requires the Bakersfield City Council to prepare a proposed charter amendment for the November 2022 General Election "which will seek to permit the appointment of a person from an external agency to the position of Chief of Police." Fire At the February 2, 2022 City Council meeting, the City Attorney's Office indicated that a proposed amendment to the Charter concerning the Fire Chief would also be prepared for consideration, in the event Council desires both Charter amendments (Fire and Police) to go before the voters at the same time. Proposed Charter Amendments The City Attorney will provide a PowerPoint presentation to the City Council that outlines the current language of the City Charter regarding the selection of the Police and Fire Chiefs, as well as proposed amendment options for Council consideration. %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Closed Session 5. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 2/24/2022 WARD: SUBJECT: Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding the following: 1. Amelia Lopez, a minor, through her Guardian ad litem, Amelia Ascencio v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-19-100724 2. Linda Yunk, et al. v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-18-100279 (lead case) consolidated with Eli Yunk, et al v. City of Bakersfield B C V- 18-100371 STAFF RECOMMENDATION: BACKGROUND: 00 BAKERSFIELD BAKERSFIELD CITY COUNCIL THE SOUND OF rc�°h`�l� h'��(eY AGENDA MEETING OF MARCH 2, 2022 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS 5. PUBLIC STATEMENTS a. Agenda Item Public Statements b. Non -Agenda Item Public Statements 6. WORKSHOPS Public comments will be received after Staff presentation. 7. APPOINTMENTS Ward(s) 1, s a. Appointment of one Regular Member (Ward 1) to complete a term to expire December 2022 and one Alternate Committee Member (Ward 5) to complete a term to expire December 2024 to the Keep Bakersfield Beautiful Committee, due to resignations. Staff recommends Council determination. 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: Payments: a. Receive and file department payments from January 21, 2022 to February 17, 2022 in the amount of $29,830,253.79, Self Insurance payments from January 21, 2022 to February 17, 2 0 2 2 in the amount of $1,289,247.35, totaling $31,119,501.14. Ordinances: Resolutions: b. Resolution confirming approval by the City Manager designee of the Code Enforcement Manager'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. C. Resolution authorizing the application and acceptance of grant funds for non-traditional Section 6 Bakersfield Habitat Conservation Plan. Ward(s) 1, 3, 6, 7 d. Resolutions to add the following areas to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 3-116 (5741 Taft Highway) - Ward 6 2. Area 4-257 (11101 Highway 178) - Ward 3 3. Area 4-258 (2700 Oswell Street) - Ward 3 4. Area 5-113 (1720 Planz Road) - Ward 7 5. Area 5-114 (3516 Lotus Lane) - Ward 1 6. Area 5-115 (2300 Short Street) - Ward 1 Ward 2 e. Resolution to amend Area 4-69 100 E. California Avenue to add additional parcels (ATN 016-500-01-00-3 and 016-500- 02-00-6) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report f. Section 115 Trust for Pension and Other Post -Employment Benefits 1. Resolution approving the adoption of a Post -Employment Benefits Trust (Pension/OPEB) and related investment guidelines. 2. Agreement with Public Agency Retirement Services (PARS) to manage the Section 115 Combination Trust. Agreements: Ward 3 g. Final Map and Improvement Agreement with LGI Homes — California, LLC(Developer) for Tract 6383, Phase 3 located south of Morningstar Drive and east of Morning Drive. Ward 6 h. Final Map, Improvement Agreement and Landscape Agreement with RGF Land Company, Inc. (Developer) for Tract 7262, Phase 1 & 2 located on the southwest corner of Panama Lane and Reliance Drive. Ward 6 i. Amendment No. 1 to License Agreement No. 12-040 with Golden Empire Youth Football (GEYF) (five year term extension) for maintenance of football facilities located at Kaiser Permanente Sports Village Complex on the North Side of Taft Highway, between Ashe Road & Gosford Road (9001 Ashe Road). j. Amendment No. 1 to Agreement No. 2021-118 with Loop Electric, Incorporated. ($150,000; revised not to exceed $456,585) to continue the supply of vehicle loop cutting and horizontal boring services. Ward 4 k. Amendment No. 2 to Agreement No. 2020-023 with Mark Thomas & Company ($15,000; not to exceed $191,540 and extend term to December 31, 2022), for the Rosedale Highway Widening Project between Calloway Drive and Verdugo Lane (Segment 2). I. Contract Change Order No. 1 to Agreement No. 2021-200 with GSE Construction ($64,412; revised not to exceed $1,264,412) for the Wastewater Treatment Plant No. 3 Primary Clarifiers 3 & 4 Rehabilitation project. Ward 2 M. Contract Change Order No. 1 to Agreement No. 2020-093 with Sancon Technologies Inc. ($224,666.31; revised not to exceed $281,736.31), for the Sewer Rehabilitation (CI PP Liner) F Street between 24th Street and 26th Street Project. Ward 6 n. Contract Change Order No. 1 to Agreement No. 2021-139 with Griffith Company (78,197.37; revised not to exceed $3,523,932.37), for the Pavement Rehabilitation 2020-2021 RSTP: New Stine Road: Ming Avenue to Stockdale Highway Project. Bids: Ward 3 0. Accept bid and approve contract with Chrisp Company ($47,178) for construction of Bike Route/ Lane Improvements - Bakersfield College Area. P. Accept bid and approve contract to Kemira Water Solutions, Incorporated ($139,395.72) for the annual contract to supply ferric chloride. q. Accept bid from Bear Cloud Technologies, Inc. ($186,128.70) for Juniper® switch replacement. r. Accept bid from Bakersfield Harley-Davidson, Bakersfield ($276,825.10) for Police Special Motorcycles. S. Accept bid from Bear Cloud Technologies, Inc. ($40,593.75) for MI ST wireless access points for Technology Services. Miscellaneous: t. Appropriate $130,700 California Transportation Development Act Article 3 grant funds to the Public Works Department's Capital Improvement Program budget in the Bikeway and Pedestrian Pathway Fund for the following projects: Bakersfield Bike Education Programs; Bakersfield Bike Parking; and County Dump Road Bike Path (Fairfax Road to Paladino Drive). U. Authorize the Finance Director to write off accounts receivable in various funds totaling $63,336.36 and forward non -bankrupt accounts to a collection agency for additional collection efforts. Successor Agency Business: V. Receive and file Successor Agency payments from January 21, 2022 to February 170, 2022, in the amount of $173,268.96. Public Safety/Vital Services Measure: 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. Ward(s) 6, 7 a. Public Hearing to consider Action Plan Amendment to U.S. Department of Housing and Urban Development (HUD) Action Plan — Fiscal Year (FY) 21 /22: FY 21/22 Amendment No. 1: Transfer funds from New Construction Assistance ($959,466 HOME) and additional program income ($120,534 HOME) to Sagewood Apartments ($1,000,000 HOME) and Self -Help Enterprises ($80,000 HOME) Ward 2 b. Public Hearing to consider a resolution for a summary vacation of a portion of a storm drain easement located at 4900 California Avenue. 10. HEARINGS a. Fourth Public Hearing regarding Redistricting Ward Boundaries. Will be heard at 5:30 p.m. pursuant to California Elections Code Section 21628(c) Staff recommends Council comment and to provide staff direction 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS a. Fiscal Year 2021-22 Mid -Year Budget Recommendations 1. FY 2021-22 Mid -Year Budget Additional Detail as outlined in Exhibit "A" 2. FY 2021-22 Mid -Year Budget Update Appropriations as outlined in Exhibit "B" Staff recommends the City Council approve the FY 2021-22 mid- year appropriations as outlined in Exhibit "B" attached to this staff report. b. SB 866 (Weiner, Pan) and SB 871 (Pan) regarding COVI D- 19 vaccine mandates. Staff recommends Council consideration and determination on this item. 14. COUNCILAND MAYOR STATEMENTS 15. CLOSED SESSION (if continued from 3:30 meeting) 16. ADJOURNMENT %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Appointments 7. a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DATE: 2/24/2022 WARD: Ward(s) 1, 5 SUBJECT: Appointment of one Regular Member (Ward 1) to complete a term to expire December 2022 and one Alternate Committee Member (Ward 5) to complete a term to expire December 2024 to the Keep Bakersfield Beautiful Committee, due to resignations. STAFF RECOMMENDATION: Staff recommends Council determination. 1_T01:(r]:Z0111Ll 113 The Keep Bakersfield Beautiful Committee ("KBBC"), was formed on June 28, 2000. The Committee is comprised of eight Mayor/Council-appointed members, who take on the responsibility of decision making for the City's beautification program. On July 30, 2009, the City Council adopted Ordinance 4520 which allows each Councilmember and the Mayor to appoint one alternate member to the KBBC. Each alternate is allowed to vote in the place of their corresponding appointed regular committee members when absent. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the Mission Statement of the KBBC, as reflected in its bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC Mission Statement. Currently there are a total of two vacancies on the Keep Bakersfield Beautiful Committee (KBBC) which consist of Regular Member for Ward 1 and Alternate Member for Ward 5. Anastasia Lester (Ward1) and Crystal Pinthong (Alternate Ward 5) both submitted letters of resignation. Appointee for Regular Member Ward 1 will complete the unexpired term of Crystal Pinthong set to expire December 2022. Appointee for Alternate member Ward 5 will complete the unexpired term of Anastasia Lester which will expire December 2024. Terms run concurrent with the appointing Councilmember. Nominations are approved by a majority vote of the entire Council. Members must be City residents throughout their term. Terms for these committee positions run concurrent with the term of the nominating Councilmember; however, it is not necessary for the Mayor/Councilmember to nominate a resident from his or her ward. Applications for appointment to the regular and/or alternate positions have been received from the following citizens: Applications have been received by: • Edward Sean Robinson • Jenilee Fermin ATTACHMENTS: Description Type D Edward IRolNinsoir"nAplpllicatlbin f.::�adkup Material J eirnlilln:ee li:°C.:,irirrrnliirn 1:3adkupMateirial HIM CITY CLERK 1600 Truxtun Avenue2l DEC 29 PM 12.- 14 Bakersfield, CA 93 N� f-k-LU UWl' CLERK (661) 326-3767 Phone o. (661) 323-3780 Fax No. CLERK'S OFFICE USE ONLY: WRI 4119 1-11-60jim A_m_ I WARD NO. 1 2 3 (4)5 6 7 CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. 01 3. El ■ Mr. EDWARD SEAN ROBINSON Mrs. Ms. First Middle Last Residence address* 11710 WALDERI ST BAKERSFIELD KERN CALIFORNIA 93311 City County State Zip Phone (757)320-8659 Position(s) sought: (List in order of preference) q HANDICAPPED ACCESS APPEALS BOARD MEMBEIt'l 2) KEEP BAKERSFIELD BEAUTIFUL COMMITTEE I 3) 4) Business Title or Occupation: SOCIAL WORKER Company: KERN COUNTY AGING & ADULT SERVICES Address: 5357 TRUXTUN AVE BAKERSFIELD KERN CALIFORNIA 93309 City County Phone (661 ) 868-0928 State WE 5. Education - List schools attended and/or graduated/degree(s): HAMPTON UNIVERSITY— B.S. CRIMINAL JUSTICE 6. Other Special Training or Experience: UNITED STATES ARMY- INFANTRYMAN (2004-2012)(OIF/OEF)(DV) HAMPTON, VA CLEAN CITY COMMISSION (CHAIR,VC)(2014-2017) 7. Previous and present governmental and civic experience. Indicate when, position and duties: HAMPTON CLEAN CITY COMMISSION, HAMPTON, VA (2014-2017) -SERVED AS THE COUNCIL APPOINTED CHAIR AND VICE CHAIR OF THE BOARD FOR 2 CONSECUTIVE TERMS. .DUTIES: WORKED TO ADDRESS SOLID WASTE, LITTER REDUCTION, AND COASTAL BEAUTIFICATION WITHIN THE CITY. FOUNDED, AND ORGANIZED YOUTH LED ANTI -LITTER CAMPAIGN. GRANT WRITTING. MANAGED BOARD FUNDS AND EXPENDITURES. VOTED ON AND DISCUSSED APPLICAPLE ENVIRONMENTAL CODES WITH THE CITY OF HAMPTON'S BEST INTEREST. 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield: The primary reason why I would like to serve on a board for the City of Bakersfield is because I want to make the City of Bakersfield abetter place. I sincerely care about facilitating inclusiveness in our community among our elderly and disabled demographics through ensuring that disabled persons have handicapped access; This is important to me as a disabled veteran, and a social worker. Additionally, I believe that my knowledge, energy, and expertise can not only benifit the municipal government as a whole, but foster greater altruism within our great city of Bakersfield among its citizens. I am a great listener, im very teachable, and i attribute my versatility and ability to deliver results to my tenure as a soldier, and a student who graduated from one of the most competive degree programs at Hampton University with .honors. I would welcome the opportunity to further explain my qualifications in person. Respectfully, Edward S Robnson 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: Possibly. I am a current employee of Kern County Aging and Adult Services. I am unsure if my employment for the county is a conflict of interest as i was unable to locate any specific policy with language stating that my application would be prohibited. Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. 07/20/2019 nature of Applicant Date INFORMATION FOR CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information: NAME: EDWARD ROBINSON ADDRESS: P.O. BOX 10852 BAKERSFIELD, CA 93389 PHONE NUMBERS: HOME:757-320-8659 AND/OR WORK: E-MAIL ADDRESS EDWARDROBINSON22@GMAIL.COM AUTHORIZATION AND RELEASE If appointed, this information will be printed in the Roster of Councilmembers and Officials, Commissions/Committees. In addition, this information will be provided on the City's Internet site at www.bakersfieldcity.us. I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. 07/20/2019 Signature of Applicant Date NOTE: This document is a public record and may be disclosed/released pursuant to the California Public Records Act. V:\Bds&Comm\MISC\Application 2010.docx A"AKEF3S1RELD July 20th, 2019 C11TY R;k,(,y(Z,'3` C)FRUE Dear Bakersfield City Council members, My name is Edward Sean Robinson and it is with great enthusiasm that I submit my application to be considered for a board member position with the Handicapped Access Appeals Board and/or Keep Bakersfield Beautiful Committee. I believe my experience aligns well with the qualifications you are seeking. I am certain I would make a valuable addition to your organization. My experiences in developing, managing, implementing, and evaluating all aspects of programs as a human services professional, in addition to presenting thoroughly written reports gives me confidence in my ability to significantly benefit the municipal government as a whole. Furthermore, my ability to quickly build rapport and establish trusting relationships further positions me to excel as your next council appointed board/ committee member. Some of my key strengths include: • A Bachelor of Science obtained with honors in Criminal Justice/Criminology from Hampton University. • Years of service to The United States Army and Postal Service with experiences in organizing, leading, supervising, and training personnel. • Extensive experience in providing reports that analyze expenditures, recommend allowable costs and identify appropriate grant cost categories . Additionally, interacting with the general public, community organizations, agency staff, and other city departments in order to monitor and evaluate programs. * Maintaining electronic databases, funding, and expenditures, or manual recordkeeping systems in order to accurately track the movement of records/funds from within the organization. * Participating in team decision making. * Strong presentation, Computer, interpersonal, written and verbal communication skills. * A proven ability to remain focused and self -directed in a fast paced work environment while dealing with conflicting demands. If you are looking for a professional, compassionate, and motivated professional who is committed to the highest standards of work performance, I would welcome the opportunity to meet with you to discuss how I can contribute to your organization's success. Thank You for your time and consideration. I look forward to speaking with you soon. Sincerely, Edward S. Robinson EDWARD ROBINSON edwardrobinson22@gmail.com Bakersfield, CA • (757) 320-8659 EDUCATION Hampton University, Hampton, VA Bachelor of Science,, Criminal Justice/Criminology August 2016 EXPERIENCE Kern County Aging & Adult Services: In Home Supportive Services February 2019- Present Social Worker 1, Bakersfield, CA (40 Hrs Per Wk) • Experience Interviewing individuals and families to assess needs and strengths and develops case plans. • Strong background in Interpreting rules, regulations and policy to individuals, families and the general public when within the scope of job responsibility. • Competent in the use of CMIPS to Authorize supportive services, such as In -Home Supportive Services, or if applicable, elderly and disabled services as needed. • Makes home calls or field visits in connection with case management assignments. • Functions as a mandated reporter, reports possible abusive situations to appropriate social service programs. • Reports, investigates and acts to protect vulnerable adults and children. United States Postal Service October 2017-Nov 2018 PSE Sales & Services/Distribution Associate, Powhatan, VA (40 Hrs Per Wk) • Performed a variety of sales and customer service tasks at a retail window such as maintaining sufficient inventory of and selling stamps, stamped paper, other retail products and services; accepting and delivering packages and accountable mail; issued and cashed foreign and domestic postal money orders. • Provided customer service to all claims and inquiries from customers. • Educated the general public to policies and procedures regarding postal regulations. • Distributed primary and one or more secondary schemes of incoming mail and outgoing mail for dispatch based on a knowledge of the distribution scheme established for the office, branch or station. • Provided supervision of assigned units. Lead Facilitator October 2016-October 2017 Hampton Healthy Families- Department of Social Services, Hampton, VA (35 Hrs Per Wk) • Developed and conducted training programs to ensure that children in Hampton are born healthy and enter school ready to learn and develop into self-sufficient members of the community. • Prepared, implemented, and established curriculum and activities with adults, youth and/or children. • Developed new parent education and supported products. • Assigned responsibilities, instructional tasks; and supervision to trainees, Associate Facilitators, Child Activity Workers and volunteers. Youth Programs Leader May 2016- June 2017 Parks, Rec & Leisure Services -City of Hampton, Hampton, VA (40 Hrs Per Wk) • Implemented programs and activities for youth to include daily recreational activities and classes, special events, field trips, athletic and fitness programs, arts and crafts, and therapeutic programs • Organized, promoted, and developed interest in activities such as leisure games, active and passive sports, storytelling, elementary music, drama, dance, etc. K E E Ili'" ^ F%A E" 1 C^ 1B E A" T! a= v a_ sus a- r— s a- a env, ■ 22 April, 2016 TO WHOM IT MAY CONCERN As Director of the City of Hampton's Parks, Recreation, and Leisure Services, I am writing to you in support of Mr. Edward Sean Robinson, the current Council -appointed VIce Chair of the Hampton Clean City Commission, an avid and committed HCCC Adapt -A -Spot sponsor, and an honored U.S. Army Veteran. Through his community outreach and leadership, Edward has consistently exhibited professionalism in addition to a strong work ethic. His participation in the Adopt -A -Spot program resulted in the collection of 300 bags of litter, 19,000 cigarette ends from the City's roadways, public property, and waterways, and 442 volunteer hours donated, in addition to his work with the HCCC Board. Since his appointment to Vice Chair in May of 2015, Edward has taken the initiative to educate Hampton citizens and students, through exhibits and the distribution of educational materials, about the need for environmental stewardship which support best practices in solid waste, litter reduction, and coastal beautification efforts. One of HCCC's major initiatives was the creation of the anti -litter campaign called C.H.A.N.G.E., an acronym for Community Helps All New Growth Emerge, and the brainchild of Mr. Robinson. This initiative, funded by a Keep American Beautiful grant, is an effort to foster greater awareness and ownership of, and active participation in one's own community. It is the goal of C.H,AN.G.E. to recognize four high school and college groups for their active participation in the campaign and to make this an ongoing educational platform of the Hampton Clean City Commission. Edward's pleasant and positive attitude and his willingness to roll up his sleeves to do whatever it takes has become a mainstay for HCCC. With his relentless motivation and willingness to learn and do, he would bring a wealth of knowledge and skills In the door and would be an excellent fit for your organization.. Without reservation, I highly recommend him for your program. Please feel free to contact me if you desire further Information regarding Mr. Robinson. Res ectfully, evin Myers, Director Hampton Parks, Recreation, & Leisure Services (757-727-6348 Hampton Clean City Commission " 1296 Thomas street - Hampton, VA 23669" 7S7-727-1130 hccc@hampton.gov-ymi.haropton.Qncleancitycommission Dennis VanCamp, Chair " Deborah Blanton, HCCC Executive Coordinator "Teresa Schmidt, council Liaison l<evin Myers, Director, Parks, Recreation & Leisure services; Shirley Boyd, Clovis Calloway, Jackie Cannan, Treazure Davis, John Golden, Wendy lies, Sally Lewis, Claire Neubert, Jamle Osso, Pat Parker, Luretta Ray, Edward Robinson, Brian Rueger, Tom Tinsley, Jlm Williams Tax ID 1154-6001336 July 02, 2019 Edward Sean Robinson 11710 Walderi St Bakersfield, CA 93311 Dear Mr. Robinson: DEPARTMENT OF VETERANS AFFAIRS 810 Vermont Ave NW Washington, D.C. 20420 In Reply Refer to: xxx-xx-0741 27/eBenefits This letter is furnished to support your consideration for Veterans' preference as you seek Federal civil service employment. What Our Records Show The Department of Veterans Affairs records certify that you separated under honorable conditions from active duty military service and that you are entitled to compensation for service -connected disability(ies) which are at least 30 percent or more disabling. Your payment is made in accordance with public laws administered by the Department of Veterans Affairs. How You Can Contact Us If you need general information about benefits and eligibility, please visit us at https://www.ebenefits.va.gov or http://www.va.gov. • Call us at 1-800-827-1000. If you use aTelecommunications Device for the Deaf (TDD), the number is 1-800- 829-4833. • Ask a question on the Internet at https //iris.custhelp.va.gov. Sincerely, i f Michael J. Frueh Executive Director Benefits Assistance Service Enclosure: Standard Form 15 f �rzt "n! F a lop", rD 'I. cu c :3 n 3: (D Qj (D Ml -0 C: _0 0 (D 0 c 3 o (D D 3 (D r-t U) LA U) (D c� < (T rD l< CT 0- CL 00 T Oo Q0 Ln tad 00 0 co O Oo CY) NJ LA to 0 0 co CU m rD M (D LA tA -0 -a 0 0 :3 :3 CA EA CD rD r") (') 0 0 r.L CL 0 0 fD fD LA LA rD (D 0) 0) =r =r in n r) rD r— (D w 3 : C) ro 0 c -F cu U) n 0 fa rt (D rD 0 r) 0 crQ, a) 0 AOM LA m CL L/I 10-1, C) (D Z 0 to 0 :3 SUBMIT TO: CITY CLERK 1600 Truxfun Avenue Bakersfield, CA 93301 (661) 326-3767 Phone No. (661) 323-3780 Fax No. CLERK'S OFFICE USE ONLY: CITY OF BAKERSft pM RESIDENT: YES L U WARD NO. 1 2 7 CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. 1 QMr. Jenilee Zoila Coreas Fermin ., Mrq. Ms. First Middle Last 12306 Valentano Avenue 2. Residence address: Bakersfield Kern CA 93312 City County State Zip 661 497-6637 Phone (_) 3. Position(s) sought: (List in order of preference) Keep Bakersfield Beautiful Committee (Ward 1/ 2/ 3 or any vacancies) 11 4. Historic Preservation Commission Miscellaneous Civil Service Board 3) 4) Office Manager Business Title or Occupation: - California State Assembly Company: 1430 Truxtun Avenue #803 Address: Bakersfield Kern W-1 City County State Zip 661 497-6637 Phone (-) 5. Education - List schools attended and/or graduated/degree(s): Taft College - A.A. Sociology Garces Memorial High School - H.S. Diploma 6. Other Special Training or Experience: I possess civic service experience including: organizing and participating in community clean-ups in the City of Bakersfield and County of Kern. I have recruited volunteers, experience in project management, event planning, education and outreach. 7. Previous and present governmental and civic experience. Indicate when, position and duties: -1 am passionate about the City of Bakersfield and the Kern community. Professionally, I work for a California State Assembly member and have participated in the .Great American Cleanup. I have organized and participated in local Bakersfield community cleanups including in Wards 1 and 3. 1 have experience working a multi- -jurisdictional illegal dumping/littering case within ward 1 and the issue was resolved in the - residents' favor. -I currently serve on the CAPK Friendship House Community Center Advisory Board where - I am responsible for fundraising for the Friendship House. 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield: .1 am interested in serving my community in an intentional and organized capacity. I appreciate the art, beautification, improvements, and clean-ups taking place in the City .and I am confident in my ability to contribute to the Keep Bakersfield Beautiful committee. I believe I possess leadership skills, organization skills, knowledge, and experience that .could add to any board or commission. I would like to opportunity to represent my city in a positive light, I am open to feedback and diverse opinions. I believe it's important for -community members to play an active role in their local government. I am a creative and resourceful team player who enjoys helping others. 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: No Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE I understand that in connection with this application for appointment, the information contained herein will be made ailable to the general public upon request. Sign t re of Applicant Date INFORMATION FOR CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information: Jenilee Fermin NAME. 12306 Valentano Avenue Bakersfield, CA 93312 ADDRESS: PHONE NUMBERS: (66`1) 497-6637 HOME:_ AND/OR WORK: JENFERMIN25@GMAIL.COM E-MAIL ADDRESS AUTHORIZATION AND RELEASE If appointed, this information will be printed in the Roster of Councilmembers and Officials, Commissions/Committees. In addition, this information will be provided on the City's Internet site at www.bakersfieldcity.us. I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. SignaYure of Applicant • (;L - F-- D� a Date NOTE: This document is a public record and may be disclosed/released pursuant to the California Public Records Act. v:\Bds&Comm\MISC\Application 2010.docx JENILEE Z. FERMIN Contact information: Summary 661497-6637 A detail -oriented, professional, and personable office manager with ten years of administrative office experience, four years of supervisory jenfermin2522mail.com experience, and education experience in communications and sociology. Experience 12306 Valentano Ave. Office Manager, California State Assemble Bakersfield. CA-2020 - Present Bakersfield, CA 93312 • Knowledge and implementation of office practices and procedures • Schedule meetings and events Skills: Customer Service • Compile materials and background for staff and the member Scheduling • Technical skills including managing the Assembly member's public account and updating useful constituent information for his website. Coordinating Manage a caseload of 100 plus constituent cases all the while prioritizing Bilingual in Spanish daily tasks and emergencies that arise during the work day • Problem solving and resourcefulness to resolve difficult cases on behalf Typing 56 wpm of the Assembly Member Leadership • Staff the Assembly member at public events including drafting talking points, photographing and recording the event, and working in harmony Strong communication with members of the public. Positive attitude • Staff and transcribe bi-weekly EDD meeting notes and meetings in the district with community members and organizations Efficient in an office setting Independent correspondences with community members, dignitaries, and Interviewing stakeholders Collaborative . Utilize software to produce reports and report results to a team of 12 plus people including the Assembly member and Chief of Staff Reporting • Experience in Canva, Workfront, and working in partnership with the Problem Solving Democratic Communications office to produce mail pieces, infographics, flyers, e-alerts, and virtual backgrounds for the Assembly district Conflict Resolution • Project management for signature events such as back to school supply drives and VITA tax assistance workshops Outreach • Supervise, onboard, and train incoming office staff • Answer multi -line telephones in a professional and pleasant manner . Office ordering of supplies, equipment, and uniforms Authorizations Coordinator, Around the Clock I Bakersfield, CA — 2017-2021 • Professional handling of medical and sensitive information • Critical thinking to update and implement office procedures and policy • Draft official documents on behalf of the agency advising patients of the billing practices and mailing as appropriate • Gather data and compose statistics, spreadsheets, meeting agendas, and charts for meetings and department transparency • Draft develop and produce office manuals for authorization clerks • Requesting and retrieving medical authorizations online and by telephone • Work harmoniously in a team setting to obtain payment for services rendered • Attend important departmental and agency meetings with providers Office Assistant, Golden State Eve Medical I Bakersfield, CA — 2016-2017 • Answering a high call volume telephone and routing phone calls • Scheduling appointments • Creating, organizing, and maintaining patient files • Verifying insurance data, and retrieving health benefit information • Translate for Spanish speaking patients • Assist patients in completing intake paperwork Education Taft College Taft, CA - A.A. Sociology, Present Coastline College Fountain Valley, CA - A.A. Multi -Media Journalism Garces Memorial High School Bakersfield, CA — H.S. Diploma, 2010 %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent — Payments a. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: 1 /7/2022 WARD: SUBJECT: Receive and file department payments from January21, 2022 to February 17, 2022 in the amount of $29,830,253.79, Self Insurance payments from January 21, 2022 to February 17, 2022 in the amount of $1,289,247.35, totaling $31,119,501.14. STAFF RECOMMENDATION: Staff recommends receiving and filing the report. BACKGROUND: In accordance with Bakersfield Municipal Code Section 2.08.020 the Finance Director must report the City's disbursements periodically to the City Council. ATTACHMENTS: Description Type D 1 AP t111E.ccdk ReglsteirAdirniin 03..02..2022 Backup Material D 2. If.:::::Alf:1 Check ck Ifs(.:4isterAdirn'nlin 03 02. 22 Backup Material 2/18/2022 CITY OF BAKERSFIELD - PAGE 1 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 733660 78 ADVANCED DISTRIBUTION CO Jan 21, 2022 $1,777.03 733661 26538 ARA ARK UNIFORM CAREER APPARE Jan 21, 2022 $109.18 733662 675 BAKERSFIELD CALIFORNIAN Jan 21, 2022 $1,520.46 733663 875 BAKERSFIELD TRUCK CENTER Jan 21, 2022 $67,49 733664 21172 BLACKHOLE TECHNOLOGIES INC Jan 21, 2022 $184.63 733665 10267 BUDGET BOLT INC Jan 21, 2022 $231.66 733666 1888 CHAMPION HARDWARE Jan 21, 2022 $2,652.23 733667 5147 COASTLINE EQUIPMENT Jan 21, 2022 $771.17 733668 27218 CUM INS PACIFIC LLC Jan 21, 2022 $725.15 733669 2901 FEDEX Jan 21, 2022 $389.40 733670 16838 GIBBS INTERNATIONAL TRUCK CTR, INC Jan 21, 2022 $183.95 733671 3403 GOLDEN STATE PETER ILT Jan 21, 2022 $153.00 733672 3427 GRAINGER INC, W W Jan 21, 2022 $1,549.94 733673 3660 HARBOR FREIGHT TOOLS Jan 21, 2022 $1,580.43 733674 7492 KERNACHINERY INC Jan 21, 2022 $437.76 733675 19228 LE CIONI, MICHAEL Jan 21, 2022 $56,23 733676 32506 LIN E GAS & EQUIPMENT DBA PRAXAIR Jan 21, 2022 $237.80 733677 5547 MINUTEMAN PRESS Jan 21, 2022 $89,75 733678 5688 MOTION INDUSTRIES INC Jan 21, 2022 $235.45 733679 6376 PIONEER PAINT Jan 21, 2022 $45,36 733680 6555 QUINNCOMPANY INC Jan 21, 2022 $2,582.82 733681 7434 SMART & FINAL IRIS COMPANY Jan 21, 2022 $144.18 733682 29986 STANDARD PLUMBING SUPPLY DBA F C Jan 21, 2022 $176.16 733683 10428 UNITED REFRIGERATION INC Jan 21, 2022 $567.75 733684 8520 VALLEY POWER SYSTEMS, INC Jan 21, 2022 $319.47 733686 26538 ARA ARK UNIFORM CAREER APPARE Jan 21, 2022 $2,264.94 733687 21315 GAME TIME Jan 21, 2022 $1,191,864.63 733689 7933 HOME DEPOT Jan 21, 2022 $2,508.95 733691 4740 KERN TURF SUPPLY Jan 21, 2022 $3,983.71 733693 15624 LO E°S HOME IMPROVEMENT Jan 21, 2022 $1,727.67 733694 10204 ASSOCIATION BKFD POLICE OFFICER FC Jan 21, 2022 $18,673.89 733695 10211 BAKERSFIELD FIREMEN Jan 21, 2022 $11,730.30 733696 10200 BAKERSFIELD FIREMEN RELIEF ASS Jan 21, 2022 $7,381.48 733697 10203 BAKERSFIELD POLICE BENEFIT Jan 21, 2022 $29,282.07 733698 10205 MUTUAL BENEFIT ASSOCIATION Jan 21, 2022 $1,946.48 733699 26810 RELIASTAR LIFE INSURANCE CO Jan 21, 2022 $3,123.39 733700 22324 S IU LOCAL 521 Jan 21, 2022 $16,590.66 733701 25365 AECOM TECHNICAL SERVICES INC Jan 27, 2022 $126,179.71 733702 29 AFFINITY TRUCK CENTER Jan 27, 2022 $31,54 733703 30989 AIMS C/O HAN A BROPHY MACLEAN Jan 27, 2022 $10,783.13 733704 10158 ALEXANDER,SUSAN Jan 27, 2022 $2,45 733705 160 ALL THAT LETTERING SIGN CO PNY Jan 27, 2022 $53,63 733706 32553 ALLIANCE SOURCE TESTING LLC Jan 27, 2022 $695.00 733707 19499 ALPHA EXPLOSIVES Jan 27, 2022 $986.70 733708 15461 ALVIDREZ, TONY M Jan 27, 2022 $26,33 733709 70267 A ERICAS BEST PLUMBING Jan 27, 2022 $800.00 733710 359 ANDERSON, ALLEN M Jan 27, 2022 $14,16 733711 11517 ANSON, GARY Jan 27, 2022 $25,31 733712 32287 ANTHONY, RICK Jan 27, 2022 $440.22 733713 1049 APPLIED LNG TECHNOLOGIES LLC Jan 27, 2022 $7,354.38 733714 24927 ARRIBILLAGA, ROSE ARIE Jan 27, 2022 $42,50 733715 514 AUSTIN, MARK W Jan 27, 2022 $4,68 733716 28830 AUTOZONE STORES INC Jan 27, 2022 $39,88 733717 30206 AVENU INSIGHTS & ANALYTICS Jan 27, 2022 $87,078.34 733718 29280 A OG SYSTEMS LLC Jan 27, 2022 $548.00 733719 25180 B & R TOOL SUPPLY INC Jan 27, 2022 $117.36 733720 13544 BAKERSFIELD ARC Jan 27, 2022 $32,796.50 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 2 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 733721 10251 BAKERSFIELD BLUEPRINT COPY INC Jan 27, 2022 $36,26 733722 19911 BAKERSFIELD HARLEY DAVIDSON INC Jan 27, 2022 $71,13 733723 10320 BAKERSFIELD HOMELESS CENTER Jan 27, 2022 $55,463.60 733724 841 BAKERSFIELD RUBBER STAMP CO Jan 27, 2022 $49,64 733725 857 BAKERSFIELD S P C A Jan 27, 2022 $249.25 733726 1069 BETHANY SERVICES Jan 27, 2022 $14,082.87 733727 30901 FIDDLE CONSULTING GROUP INC Jan 27, 2022 $5,495.00 733728 28231 SIG BRAND TIRE & SERVICE Jan 27, 2022 $80,00 733729 31109 BITWISE INDUSTRIES Jan 27, 2022 $640,000.00 733730 1111 BLACKBURN, CLO Jan 27, 2022 $26,33 733731 21172 BLACKHOLE TECHNOLOGIES INC Jan 27, 2022 $109.04 733732 21678 BLIZZARD, JOHN B Jan 27, 2022 $530.00 733733 20355 BOB MURRAY & ASSOCIATES INC Jan 27, 2022 $76,46 733734 17192 BOWN, CCIL Jan 27, 2022 $40,92 733735 28382 BR FROST COMPANY Jan 27, 2022 $10,158.00 733736 19303 CHARTER COMMUNICATIONS Jan 27, 2022 $112.44 733737 22054 BROKEN DRUM INSULATION BAKERSFIE Jan 27, 2022 $1,613.00 733738 1314 BROWNELLS INC Jan 27, 2022 $393.52 733739 10267 BUDGET BOLT INC Jan 27, 2022 $387.17 733740 24240 BUILDING ELECTRONIC CONTROLS INC Jan 27, 2022 $1,795.14 733741 1463 CADS A, JAKE Jan 27, 2022 $26,33 733749 10623 CALIFORNIA DEPARTMENT OF TAX AND Jan 27, 2022 $21,381.00 733750 1694 CALIFORNIA WATER SERVICE Jan 27, 2022 $164,908.34 733751 1695 CALIFORNIA WATER SERVICE CO Jan 27, 2022 $749,450.58 733752 10037 MISCELLANEOUS TRUST VENDOR Jan 27, 2022 $200.00 733753 1771 CARROLL, EUGENE J Jan 27, 2022 $13,07 733754 10321 CARSO , IR A Jan 27, 2022 $26,33 733755 1888 CHAMPION HARDWARE Jan 27, 2022 $296.87 733756 11937 CITY OF BAKERSFIELD Jan 27, 2022 $1,188.00 733757 2050 CLI FORD & BROWN Jan 27, 2022 $390.00 733758 30616 COAST APPLIANCE PARTS CO Jan 27, 2022 $55,04 733759 12236 COLBUR , NORMA Jan 27, 2022 $42,50 733760 19762 COMMUNITY ACTION PARTNERSHIP Jan 27, 2022 $13,478.96 733761 25288 COMPLETE PAP RL SS SOLUTIONS Jan 27, 2022 $1,667.56 733762 32455 CONTACT SECURITY INC Jan 27, 2022 $3,827.04 733763 12532 COUNTY OF KERNINFORMATION Jan 27, 2022 $12,000.00 733764 27684 COURTHOUSE NEWS SERVICE Jan 27, 2022 $255.00 733765 26869 COWAN, FRANKIE Jan 27, 2022 $120.00 733766 10697 CRA FORD, KAREN Jan 27, 2022 $11,37 733767 27839 CRITTERS WITHOUT LITTERS Jan 27, 2022 $880.00 733768 2253 CULLIGAN WATER CONDITIONING Jan 27, 2022 $308.00 733769 2319 DARB, WILLIAM Jan 27, 2022 $90,00 733770 2435 DE LAURIE, JERRY Jan 27, 2022 $13,07 733771 29313 DELL OUTLET Jan 27, 2022 $2,078.91 733772 2469 DEPARTMENT OF JUSTICE Jan 27, 2022 $720.00 733773 2485 DE ALT CORPORATION Jan 27, 2022 $380.00 733774 24854 DE EY PEST CONTROL INC Jan 27, 2022 $495.00 733775 18095 DIL ON, JAMES Jan 27, 2022 $300.00 733776 10723 DOUGHERTY, JOSEPH Jan 27, 2022 $550.34 733777 2613 DOUGLASS TRUCK BODIES INC Jan 27, 2022 $337.30 733778 2630 DOYLE, MIKE Jan 27, 2022 $38,69 733779 28574 DR RO ALD OSTROM Jan 27, 2022 $1,000.00 733780 18544 DUANE MORRIS LLP Jan 27, 2022 $84,081.40 733781 21979 DUCKWORTH, TOY Jan 27, 2022 $134.40 733782 28725 ELITE SIGNS AND PROMOTIONS Jan 27, 2022 $227.50 733783 29340 EZ LINER INDUSTRIES Jan 27, 2022 $295.87 733784 2901 F D X Jan 27, 2022 $127.07 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 3 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 733785 28511 FIRST ADVANTAGE BACKGROUND Jan 27, 2022 $234.40 733786 31010 FIRST AM RICAN TITLE COMPANY Jan 27, 2022 $1,000.00 733787 24606 FLOOD BAKERSFIELD MINISTRIES Jan 27, 2022 $3,321.62 733788 11696 FRALY, DEBORAH Jan 27, 2022 $25,31 733789 29826 FWD G INC Jan 27, 2022 $90,93 733790 21315 GAME TIME Jan 27, 2022 $42,284.66 733791 308 GARDENERS SUPPLY INC Jan 27, 2022 $415.06 733792 12742 GEORGE, PRESTON Jan 27, 2022 $26,33 733793 18648 GERRITY, MICHAEL Jan 27, 2022 $2,088.00 733794 16838 GIB S INTERNATIONAL TRUCK CTR, INC Jan 27, 2022 $2,000.05 733795 3360 GILLBURG, GEORGE Jan 27, 2022 $26.33 733796 3403 GOLDEN STATE PETER ILT Jan 27, 2022 $403.78 733797 28263 GREEN GRASS LAWN CARE Jan 27, 2022 $350.00 733798 24247 DREGS PETROLEUM SERVICES INC Jan 27, 2022 $7,473.63 733799 28999 GUILLEN, AARON Jan 27, 2022 $800.00 733800 22262 GUITAR CENTER Jan 27, 2022 $649.46 733801 23729 GUTIERREZ, PAUL Jan 27, 2022 $300.00 733802 3569 H & S BODY WORKS & TOWING Jan 27, 2022 $37,00 733803 30000 H&H AUTO PARTS WHOLESALE Jan 27, 2022 $39,51 733804 11942 HALL, DENNIS Jan 27, 2022 $26,33 733805 28943 HASKI S, MARCELA Jan 27, 2022 $90,00 733806 19200 HERNANDEZ, ANTHONY Jan 27, 2022 $466.73 733807 3770 HERRERA, FRANK R Jan 27, 2022 $26,33 733808 32610 HERRERA, VI CENTS Jan 27, 2022 $4,025.00 733809 16798 HOUSING AUTHORITY OF THE Jan 27, 2022 $8,506.46 733810 15384 HOWLETT, JOHN P Jan 27, 2022 $26,33 733811 29894 HUMAN SOLUTION Jan 27, 2022 $3,268.08 733812 11438 HUNTINGTON, LORRAINE Jan 27, 2022 $32,00 733813 70691 INDUSTRIAL ELECTRIC Jan 27, 2022 $500.00 733814 4089 J & E RESTAURANT SUPPLY INC Jan 27, 2022 $131.05 733815 16912 JO N BALFANZ HOMES INC Jan 27, 2022 $75,672.00 733816 24194 JOHNSON, CLARISSE Jan 27, 2022 $26,33 733817 24941 JO NSON, JASON Jan 27, 2022 $634.50 733818 4243 JORGENSEN & CO Jan 27, 2022 $539.26 733819 70280 JTS CONSTRUCTION INC Jan 27, 2022 $48,488.30 733820 28989 K & I SERVICES INC Jan 27, 2022 $5,560.00 733821 19554 K & R TOWING Jan 27, 2022 $74,00 733822 4550 K C S O S Jan 27, 2022 $727,818.78 733823 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Jan 27, 2022 $506.79 733824 22379 KE IRA WATER SOLUTIONS INC Jan 27, 2022 $6,556.99 733825 4435 KERN COUNTY CLERKS Jan 27, 2022 $2,548.00 733826 4432 KERNCOUNTY FARM BUREAU Jan 27, 2022 $400.00 733827 4529 KERN COUNTY PUBLIC WORKS Jan 27, 2022 $216,210.90 733828 4439 KERNCOUNTY WASTE MANAGEMENT Jan 27, 2022 $142,417.88 733829 7492 KERN MACHINERY INC Jan 27, 2022 $23,81 733830 4677 KERN REFUSE DISPOSAL, INC Jan 27, 2022 $7,575.00 733831 21175 KISBEY, KAREN Jan 27, 2022 $13,07 733832 4875 KNIGHTS PUMPING & PORTABLE SVC IN Jan 27, 2022 $622.78 733833 32219 KONICA MINOLTA DBA ALL COVERED Jan 27, 2022 $9,950.00 733834 4931 KULLRICH, DAN Jan 27, 2022 $0,78 733835 12552 KURB KUT Jan 27, 2022 $200.00 733836 1030 LEXIS EXIS MATTHEW BENDER Jan 27, 2022 $1,688.57 733837 5163 LOPEZ, FRANK Jan 27, 2022 $26,33 733838 70690 MADERO,ESPERANZA Jan 27, 2022 $1,110.00 733839 32612 MCLAY, MARYANNE Jan 27, 2022 $32,00 733840 20156 MEAD & HUNT INC Jan 27, 2022 $641.75 733841 5446 MELTON, RBERT D Jan 27, 2022 $13,07 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 4 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 733842 18520 METROPOLITAN RECYCLING LLC Jan 27, 2022 $15,331.32 733843 19252 MEYER CIVIL ENGINEERING INC Jan 27, 2022 $29,493.50 733844 24077 MIC EL AUTO TECH Jan 27, 2022 $134.95 733845 1316 MICHELIN NORTH A ERICA INC Jan 27, 2022 $10,717.68 733846 5547 MINUTEMAN PRESS Jan 27, 2022 $158.23 733847 26760 MISTRY, RAJAH Jan 27, 2022 $50,00 733848 26625 MOORE, MALCOLM Jan 27, 2022 $500.28 733849 10600 MOYER, MICKEY D. Jan 27, 2022 $42,50 733850 30588 MY JOB DEPENDS OAG MAGAZINE Jan 27, 2022 $500.00 733851 32239 NAGLE EARTHWORKS Jan 27, 2022 $106,012.86 733852 5896 NEWTON, KE NETH RAY Jan 27, 2022 $13.07 733853 25752 NISHIKAWA PROPERTY MAINTENANCE I Jan 27, 2022 $9,835.00 733854 5923 NORTH KERNWATER STORAGE DIST Jan 27, 2022 $13,749.12 733855 5963 OFFENBURGER, SILL Jan 27, 2022 $42,50 733856 30937 OFFICE1 Jan 27, 2022 $437.44 733857 30905 OLAGU Z TRANSPORT Jan 27, 2022 $45,675.00 733858 10361 OPEN & SHUT ENTERPRISES Jan 27, 2022 $150.00 733859 27441 OROZCO, JUAN Jan 27, 2022 $243.00 733860 32606 OUTSIDE INTERACTIVE INC Jan 27, 2022 $1,000.00 733861 27975 OWEN, M ROSE Jan 27, 2022 $14,16 733862 29655 P & A ADMINISTRATION SERVICES INC Jan 27, 2022 $223.56 733863 29655 P & A ADMINISTRATION SERVICES INC Jan 27, 2022 $14,461.90 733864 32533 PACE ANALYTICAL SERVICES LLC Jan 27, 2022 $92,00 733865 10037 MISCELLANEOUS TRUST VENDOR Jan 27, 2022 $200.00 733866 27875 PAL ER, SETH Jan 27, 2022 $105.00 733867 24458 PAVLETICH ELECTRIC Jan 27, 2022 $5,508. 0 733868 11451 PHILLIPS, SHIRLEYA Jan 27, 2022 $11,37 733869 29637 PINNACLE PETROLEUM INC Jan 27, 2022 $64,686.08 733870 28703 PORWOLL, A Y Jan 27, 2022 $105.00 733871 6555 QUINNCOMPANY INC Jan 27, 2022 $19,83 733872 12132 QUON, MICHAEL F Jan 27, 2022 $40,92 733873 30642 R & S ERECTION OF TRI-COUNTY INC Jan 27, 2022 $2,641.21 733874 20713 RANDY'S TOWING LLC Jan 27, 2022 $74,00 733875 6682 RAY ONDS TROPHY AND AWARDS Jan 27, 2022 $198.82 733876 28480 READY REFRESH Jan 27, 2022 $158.50 733877 19224 R DFL X INC Jan 27, 2022 $48,295.99 733878 6727 REFRIGERATION SUPPLIES DIST, INC Jan 27, 2022 $604.77 733879 22196 RESOURCE MACHINERY & ENGINEERIN(Jan 27, 2022 $6,955.50 733880 6617 RLH FIRE PROTECTION Jan 27, 2022 $595.00 733881 28060 ROBERTS, EM A Jan 27, 2022 $42,50 733882 30797 ROWE, ANITA J Jan 27, 2022 $40,92 733883 13860 RU TTG RS & SCHUL R CIVIL E G Jan 27, 2022 $3,900.00 733884 10037 MISCELLANEOUS TRUST VENDOR Jan 27, 2022 $200.00 733885 28001 SAITECH INC Jan 27, 2022 $10,151.00 733886 12665 SAN JOAQUIN FENCE & SUPPLY Jan 27, 2022 $2,659.00 733887 30367 SECURE SYSTEMS Jan 27, 2022 $95.00 733888 7337 SHRFY, ROERT M. Jan 27, 2022 $0,00 733889 7357 SHER AN, THO AS Jan 27, 2022 $26,33 733890 7351 SNIPES, HENRY Jan 27, 2022 $26,33 733891 29651 SI GH, PAR I DER Jan 27, 2022 $530.00 733892 27835 SKID ORE, RYAN Jan 27, 2022 $300.00 733893 7434 SMART & FINAL IRIS COMPANY Jan 27, 2022 $443.96 733894 7459 SNIDR'S INC Jan 27, 2022 $35,00 733895 28669 SOFTWARE ONE INC Jan 27, 2022 $18,317.52 733896 11907 SPARKL TTS/SIERRA SPRINGS Jan 27, 2022 $221.67 733897 29986 STANDARD PLUMBING SUPPLY DBA F C Jan 27, 2022 $366.38 733898 28923 STARS AND STRIPES Jan 27, 2022 $13,200.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 5 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 733899 24391 STAY FOCUSED MINISTRIES Jan 27, 2022 $14,050.43 733900 25604 STAY GREEN INC Jan 27, 2022 $1,425.00 733901 32503 STRAKALUSE, GREGG Jan 27, 2022 $10,000.00 733902 25704 SUAR Z, GEORGE Jan 27, 2022 $360.22 733903 26024 SUMMIT CAPITAL VENTURES INC Jan 27, 2022 $12,056.00 733904 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Jan 27, 2022 $886.01 733905 28832 T-MOBILE USA Jan 27, 2022 $270.00 733906 25338 TEN EIGHT TOW INC Jan 27, 2022 $37,00 733907 851 TEN A T COMPANY Jan 27, 2022 $296.68 733908 17153 TER INIX INTERNATIONAL INC Jan 27, 2022 $401.00 733909 20357 TEUTIMEZ, DONALD Jan 27, 2022 $32.00 733910 28742 TIPTON, ANDREW Jan 27, 2022 $90,00 733911 26861 TORRES, SHIRLEY Jan 27, 2022 $26,33 733912 21369 TRANS -WEST SECURITY INC Jan 27, 2022 $22,622.25 733913 22879 TREFZ, CRAIG Jan 27, 2022 $444.33 733914 19815 TRUCK VAULT Jan 27, 2022 $3,965.74 733915 27440 TUNE,BRAXTON Jan 27, 2022 $211.00 733916 20359 TURF STAR INC Jan 27, 2022 $169.75 733917 10428 UNITED REFRIGERATION INC Jan 27, 2022 $1,607.10 733918 24193 URSIN, MARGARET Jan 27, 2022 $42,50 733919 32587 V&A I C Jan 27, 2022 $52,087.13 733920 8520 VALLEY POWER SYSTEMS, INC Jan 27, 2022 $57,34 733921 29174 VALLIA T, JOHN Jan 27, 2022 $9,70 733922 20601 VERIZON WIRELESS Jan 27, 2022 $4,465.92 733923 70625 VERIZON WIRELESS Jan 27, 2022 $400.00 733924 20601 VERIZON WIRELESS Jan 27, 2022 $283.50 733925 17940 VINCE T, LESLIE Jan 27, 2022 $13,60 733926 13909 VOYLES II, ROEERT L Jan 27, 2022 $215.00 733927 29080 WALKLEY, KORIE Jan 27, 2022 $422.42 733928 8823 WATKINS, RICHARD Jan 27, 2022 $36,46 733929 14647 WAXIE SANITARY SUPPLY INC Jan 27, 2022 $43,30 733930 28739 WESTAIR GASES & EQUIPMENT INC Jan 27, 2022 $198.93 733931 15380 WILLIAMS, ISASEL Jan 27, 2022 $26,33 733932 9052 WISHAM, DARLE E Jan 27, 2022 $26,33 733933 32613 ZINK, LEROY Jan 27, 2022 $34,23 733934 22874 ZOLL DATA SYSTEMS INC Jan 27, 2022 $11,085.00 733935 25879 ZOOM IMAGING SOLUTIONS, INC, Jan 27, 2022 $711.00 733936 537 A T & T Jan 27, 2022 $790.66 733938 78 ADVANCED DISTRIBUTION CO Jan 27, 2022 $3,859.12 733940 26538 ARA ARK UNIFORM CAREER APPARE Jan 27, 2022 $1,644.84 733941 30717 BABBITT, CHARLES Jan 27, 2022 $490.30 733943 18692 BOUND TREE MEDICAL LLC Jan 27, 2022 $6,706.29 733944 10623 CALIFORNIA DEPARTMENT OF TAX AND Jan 27, 2022 $2,574.00 733945 10623 CALIFORNIA DEPARTMENT OF TAX AND Jan 27, 2022 $3,324.00 733954 1696 CALIFORNIA WATER SERVICE Jan 27, 2022 $85,900.29 733955 27074 CE ®CAL CONSTRUCTION INC Jan 27, 2022 $5,812.50 733956 11937 CITY OF BAKERSF ELD Jan 27, 2022 $26,88 733957 2469 DEPARTMENT OF JUSTICE Jan 27, 2022 $64,00 733958 2469 DEPARTMENT OF JUSTICE Jan 27, 2022 $1,421.00 733959 32605 DO ALD WHATLEY & HIS ATTORNEYS Jan 27, 2022 $100,000.00 733960 2714 EAST NILES COMMUNITY SERVICES Jan 27, 2022 $2,146.90 733962 3427 GRAI GER INC, W W Jan 27, 2022 $2,911.09 733964 3488 GREENFIELD COUNTY WATER DIST Jan 27, 2022 $1,079.68 733965 21689 GRIEGO, CECELIA Jan 27, 2022 $228.00 733968 7933 HOME DEPOT Jan 27, 2022 $2,080.03 733969 4494 KERN COUNTY CLERK Jan 27, 2022 $50,00 733970 4677 KERN REFUSE DISPOSAL, INC Jan 27, 2022 $181,850.94 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 6 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 733972 4740 KERN TURF SUPPLY Jan 27, 2022 $4,185.92 733975 15624 LO E`S HOME IMPROVEMENT Jan 27, 2022 $4,442.58 733976 12627 MARDEROSIAN & COHEN Jan 27, 2022 $3,571.23 733977 18230 OILDALE MUTUAL WATER COMPANY Jan 27, 2022 $32,23 733981 6376 PIONEER PAINT Jan 27, 2022 $9,944.27 733982 31226 PIPE AND PLANT SOLUTIONS INC Jan 27, 2022 $98,914.29 733983 13860 RUETTGERS & SCHULER CIVIL E G Jan 27, 2022 $1,638.75 733985 27361 SC FUELS Jan 27, 2022 $34,829.88 733986 22839 SECURITY PAVING CO, INC Jan 27, 2022 $4,005,867.02 733987 7509 SOCALGAS Jan 27, 2022 $299.49 733988 7637 SWRCS - STORM WATER SECTION Jan 27, 2022 $2,316.00 733989 8611 VAUGHN WATER CO,, INC. Jan 27, 2022 $6,362.14 733990 30002 MEDICAL EYE SERVICE COMPANY Jan 27, 2022 $3,671.56 733991 26810 RELIASTAR LIFE INSURANCE CO Jan 27, 2022 $4,265.73 733992 30027 U S BANK - PARS #6746022400 Jan 27, 2022 $2,002.28 733993 30029 UNITED CONCORDIA DENTAL PLANS OF Jan 27, 2022 $58,706.75 733994 30020 UNUM Jan 27, 2022 $6,418.50 733995 30708 ALA IZ, DA NY Jan 28, 2022 $160.00 733996 32595 BELTRAN, EDUARDO Jan 28, 2022 $160.00 733997 27488 BOOHER, SETSETH Jan 28, 2022 $160.00 733998 32593 CA PA, AGUSTIN Jan 28, 2022 $160.00 733999 19617 C L DON, NICK Jan 28, 2022 $128.69 734000 15646 DOUGLAS JR, RAYMOND Jan 28, 2022 $75,76 734001 22704 ESCARCEGA, BRAULIO Jan 28, 2022 $160.00 734002 32592 GASPAR,EMERSON Jan 28, 2022 $160.00 734003 17535 HERRERA, ISRAEL Jan 28, 2022 $160.00 734004 31125 LINENBERGER, ERIK Jan 28, 2022 $160.00 734005 28236 MARTINEZ, JOSE BARAJAS Jan 28, 2022 $119.06 734006 24896 MUDRYK, CHRIS Jan 28, 2022 $160.00 734007 32594 PEREZ, CRISTIAN Jan 28, 2022 $160.00 734008 20444 PEREZ, JOSE Jan 28, 2022 $138.55 734009 27560 ROMERO, ROEERT Jan 28, 2022 $160.00 734010 31901 VARGAS, RAFAEL Jan 28, 2022 $160.00 734011 29494 VENEGAS, ROG L O (ROGER) Jan 28, 2022 $160.00 734012 10320 BAKERSFIELD HOMELESS CENTER Jan 28, 2022 $4,882.58 734013 18484 A T & T Feb 3, 2022 $348.38 734014 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $493.01 734015 20576 ACTION GLASS INC Feb 3, 2022 $1,356.54 734016 25365 AECOM TECHNICAL SERVICES INC Feb 3, 2022 $55,139.50 734017 24180 AECOM USA INC Feb 3, 2022 $630.00 734018 29472 AGUILAR, JOSE Feb 3, 2022 $11,00 734019 12516 AIMS Feb 3, 2022 $56,583.33 734020 32596 ALLDURA Feb 3, 2022 $300.00 734021 19499 ALPHA EXPLOSIVES Feb 3, 2022 $7,305.02 734022 23588 ALUMINUM CHUCK WAGON Feb 3, 2022 $295.50 734023 30846 AMERICAN INTERNATIONAL E VIRON E Feb 3, 2022 $20,600.00 734024 340 A ERIGAS Feb 3, 2022 $1,495.03 734025 29827 A S LEGAL SUPPORT SERVICES INC Feb 3, 2022 $109.98 734026 30035 ANDERBERG, NICOLE Feb 3, 2022 $2,926.00 734027 19420 ANIMAL CARE EQUIPMENT & SERVICES Feb 3, 2022 $2,453.92 734028 32357 AR ORERLINK Feb 3, 2022 $2,079.59 734029 25610 AUTO DAMAGE APPRAISERS Feb 3, 2022 $240.00 734030 28830 AUTOZONE STORES INC Feb 3, 2022 $97,38 734031 25180 B & R TOOL SUPPLY INC Feb 3, 2022 $297.98 734032 575 B C LABORATORIES Feb 3, 2022 $581.00 734033 32620 BAILEY, KA ERON Feb 3, 2022 $381.00 734034 11684 BAKERSFIELD CALIFORNIAN Feb 3, 2022 $92,52 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 7 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734035 10320 BAKERSFIELD HOMELESS CENTER Feb 3, 2022 $11,199.36 734036 32133 BANDWA GO Feb 3, 2022 $605.61 73037 945 EAR ETT`S TOWING SERVICE INC Feb 3, 2022 $74,00 734038 32381 BASHIRTASH, ZACK Feb 3, 2022 $175.00 734039 306 BEARCAT MFG INC Feb 3, 2022 $2,212.15 734040 30081 BEATTIE, KELTON Feb 3, 2022 $1,541.00 734041 1069 BETHA Y SERVICES Feb 3, 2022 $69,002.57 734042 28231 BIG BRAND TIRE & SERVICE Feb 3, 2022 $3,864.20 734043 32382 BITTLE, CASSIE Feb 3, 2022 $175.00 734044 21172 BLACKHOLE TECHNOLOGIES INC Feb 3, 2022 $17,720.84 734045 28341 BOB'S AUTO GLASS INC Feb 3, 2022 $241.96 734046 22817 BORN AGAIN BODYWORKS Feb 3, 2022 $30,673.27 734047 30463 BOWERS, MICHAEL Feb 3, 2022 $175.00 734048 32143 BOWERS, PATRICK Feb 3, 2022 $25,00 734049 30785 BOYLE, CHRISTOPHER Feb 3, 2022 $175.00 734050 19303 CHARTER COMMUNICATIONS Feb 3, 2022 $159.98 734051 1292 BROWN AR STRO G Feb 3, 2022 $2,962.30 734052 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $494.10 734053 1314 BROW ELLS INC Feb 3, 2022 $15,206.36 734054 1477 CAL VALLEY EQUIPMENT INC Feb 3, 2022 $1,063.10 734055 1694 CALIFORNIA WATER SERVICE Feb 3, 2022 $325,506.43 734056 27074 C N®CAL CONSTRUCTION INC Feb 3, 2022 $19,890.00 734057 32455 CONTACT SECURITY INC Feb 3, 2022 $3,827.04 734058 30727 CONTR RAS, YNEZ Feb 3, 2022 $113.00 734059 30320 CORDICO INC Feb 3, 2022 $20,000.00 734060 10285 CRID R CONSTRUCTION INC Feb 3, 2022 $3,517.84 734061 32617 CRUZ, CRISTIAN Feb 3, 2022 $610.30 734062 27475 CRUZ, MICHELLE Feb 3, 2022 $3,932.71 734063 22374 CSI SERVICES INC Feb 3, 2022 $10,020.50 734064 27218 CUMMINS PACIFIC LLC Feb 3, 2022 $5,673.20 734065 30753 DAVALOS, PEDRO Feb 3, 2022 $275.98 734066 25337 DAVS FLEET MAINT & TOWING INC Feb 3, 2022 $37,00 734067 26895 DE LADE LANDEN INC Feb 3, 2022 $599.86 734068 15998 DELTA LIQUID ENERGY Feb 3, 2022 $865.86 734069 25742 DISCOUNT RADIATOR CENTER Feb 3, 2022 $2,874.90 734070 18544 DUANE MORRIS LLP Feb 3, 2022 $150,000.00 734071 13088 E J WARD INCORPORATED Feb 3, 2022 $922.90 734072 20062 ECOLINE INDUSTRIAL SUPPLY Feb 3, 2022 $2,478.93 734073 32411 ECO ORTHWEST Feb 3, 2022 $76,142.62 734074 10037 MISCELLANEOUS TRUST VENDOR Feb 3, 2022 $115.00 734075 10037 MISCELLANEOUS TRUST VENDOR Feb 3, 2022 $115.00 734076 2811 ENTENMANN ROVIN CO Feb 3, 2022 $1,984.26 734077 23720 ERNEST PACKING SOLUTIONS INC Feb 3, 2022 $2,282.67 734078 25852 FASTER Feb 3, 2022 $27,569.69 734079 30582 FAVA, NA CY Feb 3, 2022 $276.00 734080 29752 FIRST ALARM WELLNESS INC Feb 3, 2022 $1,725.00 734081 19657 FIRST CHOICE COFFEE SERVICES INC Feb 3, 2022 $1,063.67 734082 2980 FISHER SCIENTIFIC Feb 3, 2022 $3,132.99 734083 25339 FLEET SERVICES TOWING INC Feb 3, 2022 $74,00 734084 3090 FRANK J ZAMBONI & COI C Feb 3, 2022 $7,329.92 734085 3120 FR D C GILBERT CO Feb 3, 2022 $329.26 734086 21457 FUNCTIONAL ERGONOMICS INC Feb 3, 2022 $350.00 734087 3213 GALLS, LLC Feb 3, 2022 $7,458.74 734088 15908 GAME TIME C/O GREAT WESTERN REC Feb 3, 2022 $540.57 734089 32621 GARCIA, ST PHANNIE Feb 3, 2022 $276.00 734090 308 GARDENERS SUPPLY INC Feb 3, 2022 $126.02 734091 28064 GENERAL TREE SERVICE INC Feb 3, 2022 $63,323.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 8 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734092 3358 GILLIAM & SONS INC Feb 3, 2022 $53,100.60 734093 14914 GOLDEN EMPIRE TRANSIT DISTRICT Feb 3, 2022 $2,000.00 73 094 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $168.90 734095 3427 GRAINGER INC, W W Feb 3, 2022 $1,519.11 734096 3511 GRIFFITH COMPANY INC Feb 3, 2022 $188,841.00 734097 29803 GUTIERREZ ASSOCIATES Feb 3, 2022 $15,240.00 734098 3569 H & S BODY WORKS & TOWING Feb 3, 2022 $74,00 734099 19076 HANSENS MOVING & STORAGE INC Feb 3, 2022 $787.50 734100 32403 HERITAGE CRYSTAL CLEAN LLC Feb 3, 2022 $500.00 734101 30941 HERNANDEZ, CHARLEY L Feb 3, 2022 $610.30 734102 24235 HF & H CONSULTANTS LLC Feb 3, 2022 $2,208.75 734103 14371 HILTON ANAHEIM & TOWERS Feb 3, 2022 $1,065.85 734104 30505 HOGAN, NILA Feb 3, 2022 $25,00 734105 30391 HOME DEPOT PRO Feb 3, 2022 $5,773.14 734106 16798 HOUSING AUTHORITY OF THE Feb 3, 2022 $14,373.30 734107 26186 HUBER TECHNOLOGY INC Feb 3, 2022 $8,091.36 734108 3977 I A E I Feb 3, 2022 $120.00 734109 25159 ID WHOLESALER Feb 3, 2022 $977.08 734110 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $9,19 734111 14363 INTERNATIONAL E®Z UP INC Feb 3, 2022 $2,330.90 734112 4089 J & E RESTAURANT SUPPLY INC Feb 3, 2022 $195.11 734113 23542 JACKSON, ED OND Feb 3, 2022 $276.00 734114 25528 JAIME & SONS PEST CONTROL CO Feb 3, 2022 $820.00 734115 19283 JAM SERVICES INC Feb 3, 2022 $11,842.56 734116 22925 JAQUEZ, ANTHONY Feb 3, 2022 $175.00 734117 32623 JENSEN, JOH ATHAN Feb 3, 2022 $175.00 734118 147 JIM ALFT R CEMENT CONTRACTOR Feb 3, 2022 $93,852.03 734119 28431 JOHNSON, PAUL Feb 3, 2022 $175.00 734120 4243 JORGENSEN & CO Feb 3, 2022 $58,20 734121 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $786.50 734122 70280 JTS CONSTRUCTION INC Feb 3, 2022 $4,992.29 734123 19554 K & R TOWING Feb 3, 2022 $185.00 734124 27250 KARISH INDUSTRIES Feb 3, 2022 $2,159.59 734125 27645 KATOM RESTAURANT SUPPLY INC Feb 3, 2022 $4,050.49 734126 32283 KELLAR EQUIPMENT Feb 3, 2022 $10,825.00 734127 4380 KERN ASPHALT PAVING & SEALING Feb 3, 2022 $3,200.00 734128 15335 KERN COUNTY COUNSEL Feb 3, 2022 $382.00 734129 14574 KERNCOUNTY DEPT OF WEIGHTS Feb 3, 2022 $122.20 734130 7492 KERN MACHINERY INC Feb 3, 2022 $5,734.31 734131 4677 KERNREFUSE DISPOSAL, INC Feb 3, 2022 $1,652,668.14 734132 24522 KILLIAN PEST CONTROL Feb 3, 2022 $1,095.00 734133 22258 KO A , LARRY Feb 3, 2022 $175.00 734134 12552 KURB KUT Feb 3, 2022 $1,875.00 734135 14219 L A GRINDING INC Feb 3, 2022 $2,704.70 734136 17229 L C ACTION SUPPLY INC Feb 3, 2022 $20,449.18 734137 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $278.96 734138 14642 LAW OFFICES OF JOHN C HALL Feb 3, 2022 $201.92 734139 22408 LEHR AUTO ELECTRIC Feb 3, 2022 $483.99 734140 30885 LEWIS, CHRISTI E Feb 3, 2022 $37,44 734141 1030 LEXISNEXIS MATTHEW BENDER Feb 3, 2022 $180.23 734142 32506 LIN E GAS & EQUIPMENT DBA PRAXAIR Feb 3, 2022 $205.11 734143 32335 LIRA, SALVADOR JR Feb 3, 2022 $301.55 734144 29591 LO ELI, TIMOTHY Feb 3, 2022 $1,016.25 734145 5133 LOOP ELECTRIC INC Feb 3, 2022 $44,880.00 734146 29558 MAIER, ROLAND Feb 3, 2022 $25,00 734147 19336 MAIN STREET BANNERU.S.A. INC Feb 3, 2022 $2,048.94 734148 26124 MARANATHA LANDSCAPE INC Feb 3, 2022 $920.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 9 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734149 26714 MARK T OMAS & COMPANY INC Feb 3, 2022 $3,107.75 734150 27874 MCNAMARA, BRANDON Feb 3, 2022 $261.00 734151 20156 MEAD & HUNT INC Feb 3, 2022 $5,839.00 734152 27825 MELENDEZ,DANNI Feb 3, 2022 $381.00 734153 32583 MELIORA PUBLIC SAFETY CONSULTING Feb 3, 2022 $45,800.00 734154 7064 MERCHANTS PRINTING & ENVELOPE Feb 3, 2022 $2,460.76 734155 32501 MERCURY ASSOCIATES INC Feb 3, 2022 $26,097.00 734156 31037 MERCY HOUSE LIVING CENTERS Feb 3, 2022 $8,551.78 734157 30062 MEREDITH CORPORATION Feb 3, 2022 $3,675.00 734158 14119 METRO RECORD STORAGE INC Feb 3, 2022 $60.00 734159 32622 MITCHELL, LINDA Feb 3, 2022 $175.00 734160 30126 MODERN OFFICE Feb 3, 2022 $3,634.00 734161 30269 MOORE AND MOORE INVESTIGATIONS Feb 3, 2022 $235.00 734162 28984 MORALES AND MORALES LANDSCAPE Feb 3, 2022 $4,400.00 734163 5681 MOSS, ROB RT B JR Feb 3, 2022 $199.18 734164 29052 NATIONAL BAND & TAG Feb 3, 2022 $2,078.40 734165 22058 NET TRANSCRIPTS, INC, Feb 3, 2022 $2.25 734166 24167 NOLTE ASSOCIATES INC Feb 3, 2022 $29,699.05 734167 30491 NOV PROCESS & FLOW TECHNOLOGIES Feb 3, 2022 $28,145.00 734168 28687 NV5 I C Feb 3, 2022 $241.20 734169 31368 OFFICE OF LEGAL AFFAIRS Feb 3, 2022 $771.16 734170 30937 OFFIC 1 Feb 3, 2022 $12,427.11 734171 30905 OLAGU Z TRA SPORT Feb 3, 2022 $23,975.00 734172 32144 OLIVER, KEVIN Feb 3, 2022 $25.00 734173 10361 OPEN & SHUT ENTERPRISES Feb 3, 2022 $140.00 734174 25933 ORIGINAL WATERMEN INC Feb 3, 2022 $142.90 734175 27415 ORNELAS, JOSE E Feb 3, 2022 $530.00 734176 22301 OVERLAND PACIFIC & CUTLER INC Feb 3, 2022 $5,390.00 734177 29655 P & A ADMINISTRATION SERVICES INC Feb 3, 2022 $13,688.68 734178 32533 PACE ANALYTICAL SERVICES LLC Feb 3, 2022 $431.00 734179 19049 PACIFIC PRODUCTS & SERVICES LLC Feb 3, 2022 $2,400.89 734180 22389 PARKER, JASON Feb 3, 2022 $276.00 734181 24029 PA LESS TOWING Feb 3, 2022 $37.00 734182 6263 PE SINGER TRAILER RENTALS Feb 3, 2022 $86.38 734183 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $823.26 734184 31533 POWER BUSINESS TECHNOLOGY LLC Feb 3, 2022 $36.65 734185 30909 QUADIE T LEASING USA INC Feb 3, 2022 $1,508.41 734186 26386 QUINNCOMPANY INC - ECG Feb 3, 2022 $7,081.15 734187 30642 R & S ERECTION OF TRI-COUNTY INC Feb 3, 2022 $5,364.20 734188 32584 R CYCLIST Feb 3, 2022 $5,000.00 734189 32460 RENNE PUBLIC LAW GROUP Feb 3, 2022 $8,000.00 734190 22196 RESOURCE MACHINERY & E GINEERI d Feb 3, 2022 $16,460.85 734191 26863 RIOS, RICHARD Feb 3, 2022 $348.74 734192 6617 RLH FIRE PROTECTION Feb 3, 2022 $300.00 734193 22679 ROBINSON & KELLAR Feb 3, 2022 $275.00 734194 28672 RO F LDT, STEVEN Feb 3, 2022 $354.00 734195 20499 ROUTH, ROB RT Feb 3, 2022 $170.00 734196 16692 ROY,MATTHEW Feb 3, 2022 $59.00 734197 23629 RUDNICK FENCE COMPANY Feb 3, 2022 $1,253.54 734198 70040 SAN JOAQUIN FENCING Feb 3, 2022 $31,602.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 10 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734199 30913 SEDGWICK CLAIMS MANAGEMENT S R\ Feb 3, 2022 $19,225.58 734200 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $5,840.88 73 201 32619 SHEPPARD, JOSEPH Feb 3, 2022 $0.00 734202 25246 SIGLER INC Feb 3, 2022 $552.92 734203 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $4,499.79 734204 32173 SKAPINAKIS, ATHENA Feb 3, 2022 $113.00 734205 11566 SOIL CONTROL LAB INC Feb 3, 2022 $1,088.00 734206 27951 SOLE IS LLC Feb 3, 2022 $57,993.60 734207 11907 SPARKLETTS/SlERRA SPRINGS Feb 3, 2022 $420.37 734208 25140 SPECIAL SERVICES GROUP LLC Feb 3, 2022 $2,340.00 734209 30686 SPORTS EVENT & TOURISM ASSOCIA IC Feb 3, 2022 $2,740.00 734210 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $0,00 734211 28923 STARS AND STRIPES Feb 3, 2022 $2,850.00 734212 14498 STEPHENSON, RONALD Feb 3, 2022 $59,00 734213 28832 T® OBILE USA Feb 3, 2022 $150.00 734214 29696 TEAMSI DELI NE.COM Feb 3, 2022 $3,397.00 734215 25338 TEN EIGHT TOW INC Feb 3, 2022 $74,00 734216 17153 TER INIX INTERNATIONAL INC Feb 3, 2022 $320.00 734217 12103 TERRY, DREG Feb 3, 2022 $209.00 734218 32093 THE LIGHT GUYS Feb 3, 2022 $4,972.73 734219 29088 TODD GROUNDWATER Feb 3, 2022 $1,143.75 734220 30881 TOTAL LANDSCAPE MAINTENANCE Feb 3, 2022 $2,017.00 734221 32601 TRAFFIC MANAGEMENT PRODUCTS INC Feb 3, 2022 $1,771.95 734222 32159 TRINITY SAFETY COMPANY Feb 3, 2022 $155.92 734223 19815 TRUCK VAULT Feb 3, 2022 $2,489.75 734224 15212 U.S. BEHAVIORAL HEALTH PLAN Feb 3, 2022 $1,322.40 734225 584 ULI E SHIPPING SUPPLY Feb 3, 2022 $128.68 734226 29109 UNIFIED FIELD SERVICES CORPORATIOI Feb 3, 2022 $17,562.96 734227 30884 VALLEY AG VOICE LLC Feb 3, 2022 $308.00 734228 30527 VARGAS, VANESSA Feb 3, 2022 $2,085.00 734229 32618 VEGA, JANETH Feb 3, 2022 $113.00 734230 28738 VO DOHLEN, LACEY Feb 3, 2022 $1,220.00 734231 18288 VSS E ULTECH INC Feb 3, 2022 $4,355.98 734232 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $243.64 734233 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $286.44 734234 20165 WILLDAN ENGINEERING Feb 3, 2022 $2,144.00 734235 9014 WILLIAMS, MICHAEL Feb 3, 2022 $480.30 734236 27347 WILLIAMS, RENEE Feb 3, 2022 $93,52 734237 32360 WITCHER ELECTRIC INC Feb 3, 2022 $56,370.00 734238 25542 WOLFE, RO ALD Feb 3, 2022 $25,00 734239 21390 WYATT, DORETHA Feb 3, 2022 $2,002.02 734240 18167 ZAP MANUFACTURING INC Feb 3, 2022 $3,281.16 734241 9244 ZEP MANUFACTURING COMPANY Feb 3, 2022 $562.79 734242 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $0,00 734243 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $0,00 734244 10199 BAK RSFI LD CITY EMPLOYEE Feb 3, 2022 $2,752.50 734245 10320 BAK RSFI LD HOMELESS CENTER Feb 3, 2022 $41,226.32 734246 10320 BAK RSFI LD HOMELESS CENTER Feb 3, 2022 $68,424.16 734247 1518 C C J W S A Feb 3, 2022 $75,00 734248 18159 C W E A Feb 3, 2022 $192.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 11 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734250 1696 CALIFORNIA WATER SERVICE Feb 3, 2022 $3,563.03 734251 21220 CLEAN ENERGY INC Feb 3, 2022 $4,445.93 73252 2296 DFM ASSOCIATES Feb 3, 2022 $64,95 734253 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $0,00 734255 3450 GRANITE CONSTRUCTION INC Feb 3, 2022 $221,702.90 734258 7933 HOME DEPOT Feb 3, 2022 $5,967.57 734259 32615 JERRY & LORETTA KERN2010 TRUST Feb 3, 2022 $2,005.00 734260 4494 KERNCOUNTY CLERK Feb 3, 2022 $50,00 734261 4494 KERNCOUNTY CLERK Feb 3, 2022 $50,00 734262 4435 KERN COUNTY CLERKS Feb 3, 2022 $50.00 734263 4577 KERN DELTA WATER DIST Feb 3, 2022 $2,909.35 734264 4577 KERN DELTA WATER DIST Feb 3, 2022 $332.27 734266 4740 KERN TURF SUPPLY Feb 3, 2022 $3,936.06 734269 15624 LO 'S HOME IMPROVEMENT Feb 3, 2022 $2,590.87 734270 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $0,00 734271 26636 MEDI A, GUSTAVO Feb 3, 2022 $442.94 734272 30281 NEAR AP US INC Feb 3, 2022 $38,500.00 734273 14088 PACIFIC GAS & ELECTRIC Feb 3, 2022 $49,81 734280 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 3, 2022 $409,400.18 734281 6406 POLICE EXECUTIVE RESEARCH FORUM Feb 3, 2022 $200.00 734282 10047 MISC RECEIVABLE REFUND VENDOR Feb 3, 2022 $0.00 734283 22839 SECURITY PAVING CO, INC Feb 3, 2022 $102,487.31 734284 7509 SOCALGAS Feb 3, 2022 $32,39 734285 16783 S RCB ACCOUNTING OFFICE Feb 3, 2022 $208.00 734286 16783 S RCB ACCOUNTING OFFICE Feb 3, 2022 $322.00 734287 32614 THE KERN LIVING TRUST Feb 3, 2022 $2,005.00 734288 21314 TICOR TITLE COMPANY INC Feb 3, 2022 $157,633.00 734289 21314 TICOR TITLE COMPANY INC Feb 3, 2022 $126,504.00 734290 21314 TICOR TITLE COMPANY INC Feb 3, 2022 $152,600.00 734291 8611 VAUGHN WATER CO,, INC. Feb 3, 2022 $52,54 734292 78 ADVANCED DISTRIBUTION CO Feb 4, 2022 $301.78 734293 160 ALL THAT LETTERING SIGN CO PNY Feb 4, 2022 $791.83 734294 26538 ARA ARK UNIFORM & CAREER APPARE Feb 4, 2022 $124.10 734295 675 BAKERSFIELD CALIFORNIAN Feb 4, 2022 $1,437.95 734296 21172 BLACKHOLE TECHNOLOGIES INC Feb 4, 2022 $472.68 734297 1888 CHAMPION HARDWARE Feb 4, 2022 $96,40 734298 2901 FEDEX Feb 4, 2022 $27,65 734299 6448 P T O SALES CORP / TRUCKPRO LLC Feb 4, 2022 $109.55 734300 6122 PACIFIC POWER INC Feb 4, 2022 $55,97 734301 6555 QUINN COMPANY INC Feb 4, 2022 $879.75 734302 6682 RAY ONDS TROPHY AND AWARDS Feb 4, 2022 $120.97 734303 11090 SHER IN WILLIAMS COMPANY Feb 4, 2022 $166.10 734304 7434 SMART & FINAL IRIS COMPANY Feb 4, 2022 $28,91 734305 29986 STANDARD PLUMBING SUPPLY DBA F C Feb 4, 2022 $184.94 734306 10428 UNITED REFRIGERATION INC Feb 4, 2022 $262.65 734307 8478 VALLEY DECAL INC Feb 4, 2022 $2,186.65 734308 8520 VALLEY POWER SYSTEMS, INC Feb 4, 2022 $298.78 734310 26538 ARA ARK UNIFORM CAREER APPARE Feb 4, 2022 $4,544.90 734311 10267 BUDGET BOLT INC Feb 4, 2022 $414.79 734312 1888 CHAMPION HARDWARE Feb 4, 2022 $1,316.38 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 12 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734313 11937 CITY OF BAKERSFIELD Feb 4, 2022 $3,97 734314 5147 COASTLINE EQUIPMENT Feb 4, 2022 $254.59 73 315 27218 CUM I S PACIFIC LLC Feb 4, 2022 $170.00 734317 6376 PIONEER PAINT Feb 4, 2022 $7,929.35 734318 10204 ASSOCIATION BKFD POLICE OFFICER FC Feb 4, 2022 $18,586.15 734319 10211 BAKERSFIELD FIREMEN Feb 4, 2022 $11,636.51 734320 10200 BAKERSFIELD FIREMEN RELIEF ASS Feb 4, 2022 $7,358.73 734321 10203 BAKERSFIELD POLICE BENEFIT Feb 4, 2022 $30,045.27 734322 10205 MUTUAL BENEFIT ASSOCIATION Feb 4, 2022 $1,943.48 734323 26810 RELIASTAR LIFE INSURANCE CO Feb 4, 2022 $3,080.00 734324 22324 SEIU LOCAL 521 Feb 4, 2022 $16,555.01 734325 25365 AECOM TECHNICAL SERVICES INC Feb 10, 2022 $4,096.95 734326 32608 AGUILAR, JARED Feb 10, 2022 $160.00 734327 24147 ALCALA, FRANCISCO S Feb 10, 2022 $160.00 734328 21499 ALVAREZ, LESLIE Feb 10, 2022 $261.00 734329 30035 A DERBERG, NICOLE Feb 10, 2022 $261.00 734330 32628 A GELI I JR, CARLOS Feb 10, 2022 $1,650.00 734331 18201 ANIMAL EMERGENCY & URGENT CARE II Feb 10, 2022 $217.17 734332 32524 ASCENT ENVIRONMENTAL INC Feb 10, 2022 $4,372.50 734333 23227 AURI , DANNY Feb 10, 2022 $160.00 734334 15944 AYALA, JESSIE Feb 10, 2022 $160.00 734335 28164 BAILEY, NICOLAS Feb 10, 2022 $160.00 734336 10251 BAKERSFIELD BLUEPRINT COPY INC Feb 10, 2022 $112.04 734337 70404 BE FINALLY FREE INC Feb 10, 2022 $500.00 734338 24075 BECK, JA'NETTE Feb 10, 2022 $307.73 734339 31105 BENCHMARK POLYGRAPH & TRUTH ASS Feb 10, 2022 $1,575.00 734340 23444 BILLINGSLEY, MATTHEW Feb 10, 2022 $363.20 734341 19303 CHARTER COMMUNICATIONS Feb 10, 2022 $144.98 734342 19303 CHARTER COMMUNICATIONS Feb 10, 2022 $144.98 734343 19303 CHARTER COMMUNICATIONS Feb 10, 2022 $94,30 734344 19303 CHARTER COMMUNICATIONS Feb 10, 2022 $185.24 734345 15706 BRINSON, DANNY Feb 10, 2022 $160.00 734346 12366 CALIFORNIA ASSOCIATION OF CODE Feb 10, 2022 $95,00 734347 12082 CALIFORNIA CHAMBER OF COMMERCE Feb 10, 2022 $1,017.63 734348 29375 CALIFORNIA CONSULTING INC Feb 10, 2022 $603.75 734349 26548 CALIFORNIA PARTNERSHIP FOR SAFE C Feb 10, 2022 $14,681.25 734350 26499 CALISTRO, MIGUIEL Feb 10, 2022 $107.14 734351 22305 CALVILLO, JUAN Feb 10, 2022 $160.00 734352 31127 CARTER, DANIEL Feb 10, 2022 $175.00 734353 18204 CISNEROS, JOE Feb 10, 2022 $108.24 734354 27006 CURIEL, DAVID Feb 10, 2022 $140.71 734355 32629 DIAZ, HECTOR Feb 10, 2022 $610.30 734356 26953 DIVISION OF THE STATE ARCHITECT Feb 10, 2022 $683.20 734357 15646 DOUGLAS JR, RAY OND Feb 10, 2022 $84,24 734358 21036 ENNS, JUSTIN Feb 10, 2022 $122.00 734359 20541 EVANS, J NNIFER Feb 10, 2022 $335.00 734360 19657 FIRST CHOICE COFFEE SERVICES INC Feb 10, 2022 $142.58 734361 25786 G S E CONSTRUCTION COI C Feb 10, 2022 $11,889.00 734362 23759 GALLAND, JOSEPH M Feb 10, 2022 $1,079.0 734363 32392 GALLARDO, ALX Feb 10, 2022 $10,00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 13 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734364 3213 GALLS, LLC Feb 10, 2022 $842.98 734365 23680 GALVA , JOSEPH Feb 10, 2022 $135.31 73 366 10037 MISCELLANEOUS TRUST VENDOR Feb 10, 2022 $125.00 734367 18128 GARZA, ROBERT Feb 10, 2022 $160.00 734368 23836 GEXPRO Feb 10, 2022 $12,658.36 734369 70663 GOLDEN EMPIRE AFFORDABLE HOUSI c Feb 10, 2022 $1,001.00 734370 3403 GOLDEN STATE PETS BILT Feb 10, 2022 $2,916.24 734371 3450 GRANITE CONSTRUCTION INC Feb 10, 2022 $102,382.66 734372 3452 GRAYBAR ELECTRIC COMPANY Feb 10, 2022 $4,913.04 734373 24247 DREGS PETROLEUM SERVICES INC Feb 10, 2022 $5,483.20 734374 3569 H & S BODY WORKS & TOWING Feb 10, 2022 $74,00 734375 3571 H & S HOSE & SUPPLY INC Feb 10, 2022 $97,19 734376 30000 H&H AUTO PARTS WHOLESALE Feb 10, 2022 $33,02 734377 162 HADDAD DODGE Feb 10, 2022 $1,635.13 734378 27166 HALBWACHS, KIMBERLY Feb 10, 2022 $261.00 734379 3660 HARBOR FREIGHT TOOLS Feb 10, 2022 $36,53 734380 32546 HEALTH - METRICS INC Feb 10, 2022 $6,500.00 734381 30532 HER ANDEZ, MARCELINO Feb 10, 2022 $160.00 734382 14371 HILTON ANAHEIM & TOWERS Feb 10, 2022 $2,513.87 734383 7933 HOME DEPOT Feb 10, 2022 $2,751.72 734384 4089 J & E RESTAURANT SUPPLY INC Feb 10, 2022 $37,89 734385 25528 JAIME & SONS PEST CONTROL CO Feb 10, 2022 $140.00 734386 605 JA AR TECHNOLOGIES INC Feb 10, 2022 $1,192.04 734387 32341 JAYNE, MARIA MAGDELENA Feb 10, 2022 $1,503.60 734388 147 JIM ALFTER CEMENT CONTRACTOR Feb 10, 2022 $23,138.81 734389 26387 JIM BURKE FORD-EQ Feb 10, 2022 $34,769.99 734390 4243 JORGE SEN & CO Feb 10, 2022 $472.11 734391 28989 K & I SERVICES INC Feb 10, 2022 $2,000.00 734392 19554 K & R TOWING Feb 10, 2022 $37,00 734393 4435 KERN COUNTY CLERKS Feb 10, 2022 $200.00 734394 70125 KERN LAND PARTNERS Feb 10, 2022 $400.00 734395 7492 KERN MACHINERY INC Feb 10, 2022 $2,182.68 734396 4740 KERN TURF SUPPLY Feb 10, 2022 $366.69 734397 31039 KOEFRAN INDUSTRIES INCORPORATED Feb 10, 2022 $924.00 734398 26294 KRONOS INCORPORATED Feb 10, 2022 $556.38 734399 1423 KUTAK ROCK LLP Feb 10, 2022 $775.00 734400 4944 K IK SIGNS INC Feb 10, 2022 $55,56 734401 17229 L C ACTION SUPPLY INC Feb 10, 2022 $2,459.95 734402 28755 LEVEL 3 COMMUNICATIONS LLC Feb 10, 2022 $2,206.36 734403 32506 LIN E GAS & EQUIPMENT DBA PRAXAIR Feb 10, 2022 $63,76 734404 18299 LOPEZ, JAVIER P Feb 10, 2022 $160.00 734405 23327 LU A, CARLOS Feb 10, 2022 $160.00 734406 29792 LYKINS, KEVIN Feb 10, 2022 $965.30 734407 18492 M & S SECURITY SERVICES Feb 10, 2022 $8,427.32 734408 31263 MAGTIBAY, A BY Feb 10, 2022 $160.00 734409 28596 MALDONADO, DANI L H Feb 10, 2022 $154.26 734410 30770 MARTINEZ CONSTRUCTION Feb 10, 2022 $1,300.00 734411 26807 MARTINEZ, ABRAHAM Feb 10, 2022 $160.00 734412 32607 MARTINEZ, VINCENTE MORENO Feb 10, 2022 $160.00 734413 25512 MAXIM CRANE Feb 10, 2022 $500.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 14 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734414 27874 MCNAMARA, BRANDON Feb 10, 2022 $244.00 734415 10037 MISCELLANEOUS TRUST VENDOR Feb 10, 2022 $200.00 73 416 30689 MEDINA, EVANGELINA Feb 10, 2022 $1,207.13 734417 28760 MEDIWASTE DISPOSAL LLC Feb 10, 2022 $113.00 734418 15647 MENDENHALL, TERRY Feb 10, 2022 $160.00 734419 32501 MERCURY ASSOCIATES INC Feb 10, 2022 $43,658.00 734420 19252 MEYER CIVIL ENGINEERING INC Feb 10, 2022 $1,276.00 734421 1316 MICHELIN NORTH A ERICA INC Feb 10, 2022 $4,219.61 734422 27497 MISCHKE, JULIE DVM Feb 10, 2022 $1,370.00 734423 32627 MIZELL, MATTHEW Feb 10, 2022 $480.00 734424 22070 MOE,RANDY Feb 10, 2022 $122.00 734425 28469 MORALES, MARIO Feb 10, 2022 $97,41 734426 27231 MUNOZ, REBECCA Feb 10, 2022 $84,44 734427 22691 MURO, GR GORIO Feb 10, 2022 $160.00 734428 32239 NAGLE EARTHWORKS Feb 10, 2022 $11,225.20 734429 24640 NAVARRO, ARTU O Feb 10, 2022 $160.00 734430 5870 NB SALES & SERVICES Feb 10, 2022 $10,298.68 734431 26790 NORIEGA, JORGE Feb 10, 2022 $151.54 734432 30905 OLAGUEZ TRANSPORT Feb 10, 2022 $23,975.00 734433 10495 OWE S, SILLY Feb 10, 2022 $421.00 734434 25904 OWENS, HILARIE Feb 10, 2022 $335.00 734435 29655 P &A ADMINISTRATION SERVICES INC Feb 10, 2022 $6,837.08 734436 17512 PACHECO, ORIEL Feb 10, 2022 $261.00 734437 6122 PACIFIC POWER INC Feb 10, 2022 $1,153.16 734438 20828 PARSONS TRANSPORTATION GROUP IN Feb 10, 2022 $18,779.01 734439 24029 PALESS TOWING Feb 10, 2022 $37,00 734440 25270 PENINSULA MESSENGER INC Feb 10, 2022 $689.58 734441 6263 PENSINGER TRAILER RENTALS Feb 10, 2022 $23,36 734442 11272 PEOPLE FACTS LLC Feb 10, 2022 $21,67 734443 28939 PEOPLES, BRIAN Feb 10, 2022 $160.00 734444 32513 PEREZ, STEPHEN Feb 10, 2022 $375.00 734445 22890 PERKINS, KENNETH Feb 10, 2022 $122.00 734446 25424 PET WASTE ELIMINATOR BFT INC Feb 10, 2022 $866.00 734447 29637 PINNACLE PETROLEUM INC Feb 10, 2022 $64,480.81 734448 6376 PIONEER PAINT Feb 10, 2022 $662.38 734449 32611 PIRUS LLC Feb 10, 2022 $16,438.23 734450 26997 PROVOST & PRITCHARD CONSULTING It Feb 10, 2022 $17,498.61 734451 6555 QUINN COMPANY INC Feb 10, 2022 $5,221.58 734452 30752 QUINTOS, STANLEY Feb 10, 2022 $160.00 734453 30642 R & S ERECTION OF TRI®COUNTY INC Feb 10, 2022 $1,139.16 734454 32386 RA IREZ, SERGIO DE LUNA Feb 10, 2022 $160.00 734455 20713 RANDY'S TOWING LLC Feb 10, 2022 $37,00 734456 3249 RAY GASKIN SERVICE INC Feb 10, 2022 $1,296.23 734457 6682 RAY ONDS TROPHY AND AWARDS Feb 10, 2022 $216.40 734458 28480 READY REFRESH Feb 10, 2022 $196.54 734459 6727 REFRIGERATION SUPPLIES DIST, INC Feb 10, 2022 $146.71 734460 28020 R Y S, CHRISTOPH R Feb 10, 2022 $135.30 734461 30914 RI CON CONSULTANTS INC Feb 10, 2022 $25,668.63 734462 26863 RIOS, RICHARD Feb 10, 2022 $75,76 734463 29547 ROBL S, RICHARD Feb 10, 2022 $122.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 15 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734464 26797 RODRIGUEZ, ED UNDO Feb 10, 2022 $375.00 734465 20499 ROUT , ROBERT Feb 10, 2022 $335.00 73 466 1520 ROYAL INDUSTRIAL SOLUTIONS Feb 10, 2022 $111.75 734467 12665 SAN JOAQUIN FENCE & SUPPLY Feb 10, 2022 $42,136.00 734468 27362 SANCHEZ, ELIAZAR Feb 10, 2022 $160.00 734469 25220 SANDYS COMMUNICATIONS Feb 10, 2022 $1,177.22 734470 29322 SIT O E LANDSCAPE SUPPLY HOLDING Feb 10, 2022 $205.46 734471 30812 SITREP SECURITY SOLUTIONS Feb 10, 2022 $3,847.50 734472 7434 SMART & FINAL IRIS COMPANY Feb 10, 2022 $130.20 734473 25239 SMITH, TA IA Feb 10, 2022 $335.00 734474 7459 SNIDER'S INC Feb 10, 2022 $325.83 734475 22359 SOTO, MARTIN Feb 10, 2022 $156.92 734476 21852 SOUTHWEST VALVE & EQUIPMENT Feb 10, 2022 $7,645.23 734477 11907 SPARKLETTS/SIERRA SPRINGS Feb 10, 2022 $410.27 734478 21402 SPARTAN I C Feb 10, 2022 $2,394.06 734479 29986 STANDARD PLUMBING SUPPLY DBA F C Feb 10, 2022 $156.25 734480 70187 STA S DISCOUNT PLUMBING Feb 10, 2022 $400.00 734481 7719 SUBURBAN PROPANE Feb 10, 2022 $2,832.23 734482 32244 SUNSHINE CLEANING SERVICES Feb 10, 2022 $1,500.00 734483 29053 TATES JANITORIAL SERVICE Feb 10, 2022 $831.25 734484 32148 TELSTAR INSTRUMENTS Feb 10, 2022 $17,231.00 734485 25338 TEN EIGHT TOW INC Feb 10, 2022 $111.00 734486 20770 THOR TON, DENNIS Feb 10, 2022 $160.00 734487 30881 TOTAL LANDSCAPE MAINTENANCE Feb 10, 2022 $4,166.66 734488 23837 TPX COMMUNICATIONS Feb 10, 2022 $1,560.13 734489 18773 TRANS COMPANY INC Feb 10, 2022 $1,140.00 734490 21369 TRANS -WEST SECURITY INC Feb 10, 2022 $16,775.99 734491 32159 TRINITY SAFETY COMPANY Feb 10, 2022 $145.80 734492 20359 TURF STAR INC Feb 10, 2022 $2,318.93 734493 32598 TYR TACTICAL Feb 10, 2022 $4,871.49 734494 584 ULI E SHIPPING SUPPLY Feb 10, 2022 $238.84 734495 29109 UNIFIED FIELD SERVICES CORPORATIOI Feb 10, 2022 $67,961.72 734496 8319 UNITED PARCEL SERVICE Feb 10, 2022 $65,83 734497 10428 UNITED REFRIGERATION INC Feb 10, 2022 $1,961.53 734498 28711 URBAN LAND ADVISORS LLC Feb 10, 2022 $500.00 734499 32630 VALDEZ, VICTORIA Feb 10, 2022 $3,398.00 734500 8520 VALLEY POWER SYSTEMS, INC Feb 10, 2022 $651.32 734501 15132 VALLEY PROPANE SERVICE Feb 10, 2022 $9,649.44 734502 30055 VAN SLOTS , DONALD Feb 10, 2022 $160.00 734503 26060 VANGUARD CLEANING SYSTEMS INC Feb 10, 2022 $730.00 734504 32609 VAS UEZ, JOSE Feb 10, 2022 $124.48 734505 20601 VERIZON WIRELESS Feb 10, 2022 $25,952.38 734506 8626 VER ONT SYSTEMS INC Feb 10, 2022 $8,465.98 734507 8655 VITAL SIGNS Feb 10, 2022 $136.96 734508 18288 VSS E ULTECH INC Feb 10, 2022 $679.81 734509 31402 WAUGH, MICHAEL Feb 10, 2022 $53,97 734510 14647 WAXIE SANITARY SUPPLY INC Feb 10, 2022 $717.68 734511 27854 WEBB, ALISON Feb 10, 2022 $261.00 734512 8878 WELLS ACOUSTICS Feb 10, 2022 $594.00 734513 16906 WILLIAMS, JOHN G Feb 10, 2022 $81,0 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 16 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734514 32360 WITCHER ELECTRIC INC Feb 10, 2022 $56,370.00 734515 16878 YATES, JOSHUA K Feb 10, 2022 $634.50 73 516 537 A T & T Feb 10, 2022 $21,176.54 734517 18484 A T & T Feb 10, 2022 $10,305.99 734518 537 A T & T Feb 10, 2022 $1,161.98 734519 32202 CA DEFT OF JUSTICE Feb 10, 2022 $1,237.00 734520 11937 CITY OF BAKERSF ELD Feb 10, 2022 $313.71 734522 3403 GOLDEN STATE PETERBILT Feb 10, 2022 $7,256.36 734525 3427 GRAI GER INC, W W Feb 10, 2022 $9,395.57 734526 3450 GRANITE CONSTRUCTION INC Feb 10, 2022 $35,257.66 734527 3511 GRIFFITH COMPANY INC Feb 10, 2022 $175,120.48 734531 7933 HOME DEPOT Feb 10, 2022 $2,361.52 734532 23431 INSITUFORM TECHNOLOGIES LLC Feb 10, 2022 $328,642.29 734534 30732 KERNCOUNTY FORENSIC SERVICES LLt Feb 10, 2022 $17,250.00 734537 15624 LO E`S HOME IMPROVEMENT Feb 10, 2022 $3,825.49 734538 12627 MARDEROSIAN & COHEN Feb 10, 2022 $7,150.00 734539 7064 MERCHANTS PRINTING & ENVELOPE Feb 10, 2022 $304.59 734540 14088 PACIFIC GAS & ELECTRIC Feb 10, 2022 $369.37 734542 27361 SC FUELS Feb 10, 2022 $40,620.17 734543 32619 SHEPPARD, JOSEPH Feb 10, 2022 $955.13 734544 7096 SJVAPCD Feb 10, 2022 $332.00 734545 7096 SJVAPCD Feb 10, 2022 $185.00 734546 7096 SJVAPCD Feb 10, 2022 $143.00 734547 7096 SJVAPCD Feb 10, 2022 $185.00 734548 7096 SJVAPCD Feb 10, 2022 $290.00 734549 7096 SJVAPCD Feb 10, 2022 $332.00 734550 7096 SJVAPCD Feb 10, 2022 $143.00 734551 30701 SNOW SURVEYS OFFICE Feb 10, 2022 $14,000.00 734552 7509 SOCALGAS Feb 10, 2022 $487.04 734553 7509 SOCALGAS Feb 10, 2022 $873,8 734554 7508 SOUTHERN CALIFORNIA EDISON CO, Feb 10, 2022 $601.22 734555 15878 SUPERIOR CONSTRUCTION INC Feb 10, 2022 $49,883.73 734556 7637 SWRCB - STORM WATER SECTION Feb 10, 2022 $322.00 734557 5158 W M LYLES COMPANY Feb 10, 2022 $124,283.27 734558 15433 ADVANCE MOBILE SECURITY Feb 11, 2022 $1,320.93 734561 78 ADVANCED DISTRIBUTION CO Feb 11, 2022 $12,797.16 734562 25365 AECOM TECHNICAL SERVICES INC Feb 11, 2022 $6,595.00 734563 25074 AEP CALIFORNIA LLC Feb 11, 2022 $14,255.13 734564 29 AFFINITY TRUCK CENTER Feb 11, 2022 $4,147.98 734565 160 ALL THAT LETTERING SIGN CO PNY Feb 11, 2022 $6,253.86 734566 23588 ALUMINUM CHUCK WAGON Feb 11, 2022 $20,827.48 734567 1049 APPLIED LNG TECHNOLOGIES LLC Feb 11, 2022 $55,443.12 734568 26538 ARA ARK UNIFORM & CAREER APPARE Feb 11, 2022 $502.80 734569 28830 AUTOZONE STORES INC Feb 11, 2022 $606.24 734570 240 B & G MACHINE & WELDING Feb 11, 2022 $817.25 734571 652 B A C S CO Feb 11, 2022 $876.95 734572 22426 BADGER METER INC Feb 11, 2022 $14,409.16 734573 675 BAK RSFI LD CALIFORNIAN Feb 11, 2022 $1,828.74 734574 19911 BAK RSFI LD HARL Y DAVIDSON INC Feb 11, 2022 $856.35 734575 10320 BAK RSFI LD HOMELESS CENTER Feb 11, 2022 $25,009.25 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 17 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734576 841 BAKERSFIELD RUBBER STAMP CO Feb 11, 2022 $316.52 734577 875 BAKERSFIELD TRUCK CENTER Feb 11, 2022 $1,812.95 73 578 32562 BARN BUILT CUSTOMS Feb 11, 2022 $2,493.56 734579 945 BAR ETT`S TOWING SERVICE INC Feb 11, 2022 $111.00 734580 32581 BEAR CLOUD TECCH OLOGIES Feb 11, 2022 $2,625.00 734581 28231 BIG BRAND TIRE & SERVICE Feb 11, 2022 $4,270.52 734582 21172 BLACKHOLE TECHNOLOGIES INC Feb 11, 2022 $95,00 734583 28341 BOB'S AUTO GLASS INC Feb 11, 2022 $339.44 734584 1271 BROCKS TRAILER Feb 11, 2022 $30,190.20 734585 22054 BROKEN DRUM INSULATION BAKERSFIE Feb 11, 2022 $600.00 734586 28426 BRYCE FASTENER Feb 11, 2022 $3,276.65 734587 10267 BUDGET BOLT INC Feb 11, 2022 $85,16 734588 1477 CAL VALLEY EQUIPMENT INC Feb 11, 2022 $843.49 734589 1694 CALIFORNIA WATER SERVICE Feb 11, 2022 $647,258.44 734590 18347 CAROLI A SOFTWARE Feb 11, 2022 $500.00 734591 27074 CEN®CAL CONSTRUCTION INC Feb 11, 2022 $90,499.50 734592 1888 CHAMPION HARDWARE Feb 11, 2022 $1,163.94 734593 1924 CHESTERAVENUE BRAKE & SUPPLY Feb 11, 2022 $894.30 734594 27566 CITYSOURCED INC Feb 11, 2022 $7,200.00 734595 21220 CLEAN ENERGY INC Feb 11, 2022 $8,868.93 734596 5147 COASTLINE EQUIPMENT Feb 11, 2022 $1,797.63 734597 32267 COMPASSION CHRISTIAN CENTER Feb 11, 2022 $5,962.21 734598 25038 CONFIDENCE UST SERVICES INC Feb 11, 2022 $618.75 734599 27218 CUMMINS PACIFIC LLC Feb 11, 2022 $2,224.06 734600 25337 DAVES FLEET MAINT & TOWING INC Feb 11, 2022 $222.00 734601 15998 DELTA LIQUID ENERGY Feb 11, 2022 $50,00 734602 24213 DIAMOND H HAULING Feb 11, 2022 $450.00 734603 2558 DISPENSING TECHNOLOGY CORP Feb 11, 2022 $2,462.69 734604 13088 E J WARD INCORPORATED Feb 11, 2022 $251.74 734605 30459 EAM SOLUTIONS LLC Feb 11, 2022 $640.00 734606 2752 ELBERT DISTRIBUTING Feb 11, 2022 $1,200.39 734607 32459 E AGINED SECURITY INC Feb 11, 2022 $39,000.00 734608 30858 ENVIRONMENTAL SAFETY SOLUTIONS Feb 11, 2022 $1,330.00 734609 29111 ENVIROTEK CORPORATION Feb 11, 2022 $4,942.28 734610 12943 EVIDENT CRIME SCENE PRODUCTS Feb 11, 2022 $585.31 734611 27459 EVOQUA WATER TECHNOLOGIES Feb 11, 2022 $69,258.78 734612 25339 FLEET SERVICES TOWING INC Feb 11, 2022 $111.00 734613 4277 KME FIRE APPARATUS Feb 11, 2022 $678,272.38 734614 10361 OPEN & SHUT ENTERPRISES Feb 11, 2022 $340.00 734616 30339 ARCPOINT LABS OF BAKERSFIELD Feb 11, 2022 $15,575.00 734617 70249 BAKERSFIELD PLUMBING CO INC Feb 11, 2022 $3,194.00 734622 21172 BLACKHOLE TECHNOLOGIES INC Feb 11, 2022 $4,042.86 734624 18692 BOUND TREE MEDICAL LLC Feb 11, 2022 $10,203.18 734629 1696 CALIFORNIA WATER SERVICE Feb 11, 2022 $29,540.66 734630 12161 D O D CONSTRUCTION Feb 11, 2022 $39,878.63 734632 2901 F D X Feb 11, 2022 $315.11 734633 30002 MEDICAL EYE SERVICE COMPANY Feb 11, 2022 $3,673.45 734634 26810 R LIASTAR LIFE INSURANCE CO Feb 11, 2022 $4,263.88 734635 30027 U S BANK - PARS #6746022400 Feb 11, 2022 $1,646.72 734636 30029 UNITED CONCORDIA DENTAL PLANS OF Feb 11, 2022 $58,717.31 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 18 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734637 30020 UNUM Feb 11, 2022 $6,443.04 734638 32474 ABC OCCUPATIONAL MEDICAL CENTER Feb 17, 2022 $1,514.00 73 639 25365 AECOM TECHNICAL SERVICES INC Feb 17, 2022 $7,051.25 734640 29827 A S LEGAL SUPPORT SERVICES INC Feb 17, 2022 $125.00 734641 1049 APPLIED LNG TECHNOLOGIES LLC Feb 17, 2022 $18,581.73 734642 30339 ARCPOI T LABS OF BAKERSFIELD Feb 17, 2022 $687.50 734643 30584 ASELA ENVIRONMENTAL IC Feb 17, 2022 $69,940.00 734644 31006 ASSUREHIRE INC Feb 17, 2022 $889.30 734645 30717 BABBITT, CHARLES Feb 17, 2022 $779.85 734646 13544 BAKERSFIELD ARC Feb 17, 2022 $33,734.88 734647 10251 BAKERSFIELD BLUEPRINT COPY INC Feb 17, 2022 $520.13 734648 10320 BAKERSFIELD HOMELESS CENTER Feb 17, 2022 $26,564.24 734649 857 BAKERSFIELD S P C A Feb 17, 2022 $91,136.00 734650 850 BAKERSFIELD SENIOR CENTER Feb 17, 2022 $4,560.12 734651 1069 BETHANY SERVICES Feb 17, 2022 $13,964.67 734652 23444 BILLINGSLEY, MATTHEW Feb 17, 2022 $4,802.26 734653 21172 BLACKHOLE TECHNOLOGIES INC Feb 17, 2022 $899.21 734654 28341 BOBS AUTO GLASS INC Feb 17, 2022 $296.09 734655 16120 BORDE , CHRIS Feb 17, 2022 $1,582.11 734656 22054 BROKEN DRUM INSULATION BAKERSFIE Feb 17, 2022 $605.00 734657 16565 BTE COMMUNICATIONS Feb 17, 2022 $231.63 734658 21031 BURICH, A DREW Feb 17, 2022 $113.00 734659 1470 CALIFORNIA BUILDING OFFICIALS Feb 17, 2022 $375.00 734660 31799 CALIFORNIA HIGHWAY ADOPTION CO Feb 17, 2022 $45,428.63 734661 24940 CA PBELL, CHRIS Feb 17, 2022 $877.50 734662 18017 CANNON CORP Feb 17, 2022 $1,639.86 734663 18347 CAROLI A SOFTWARE Feb 17, 2022 $5,190.00 734664 32275 CCS FACILITY SERVICES Feb 17, 2022 $6,845.00 734665 16928 CECIL, JEFF Feb 17, 2022 $354.00 734666 27374 CENTRAL CAL SURVEYS Feb 17, 2022 $1,500.00 734667 21938 CHA PNESS, DAN EL Feb 17, 2022 $409.00 734668 32353 CLARK EQUIPMENT CO Feb 17, 2022 $8,332.17 734669 21220 CLEAN ENERGY INC Feb 17, 2022 $4,636.50 734671 2050 CLI FORD & BROWN Feb 17, 2022 $18,931.48 734672 32455 CONTACT SECURITY INC Feb 17, 2022 $3,827.04 734673 30727 CONTRERAS, Y EZ Feb 17, 2022 $113.00 734674 26869 COWAN, FRANKIE Feb 17, 2022 $150.00 734675 27839 CRITTERS WITHOUT LITTERS Feb 17, 2022 $16,345.00 734676 12798 CSUB CECE Feb 17, 2022 $75,00 734677 25337 DAVES FLEET MAINT & TOWING INC Feb 17, 2022 $607.00 734678 15998 DELTA LIQUID ENERGY Feb 17, 2022 $388.65 734679 22002 DIEDERICH, JARED Feb 17, 2022 $187.00 734680 31407 DL BROWN CONSTRUCTION INC Feb 17, 2022 $60,990.00 734681 16539 DOSSEY, RICHARD Feb 17, 2022 $920.00 734682 30459 EAM SOLUTIONS LLC Feb 17, 2022 $800.00 734683 16511 EAN SERVICES LLC Feb 17, 2022 $8,453.04 734684 14433 EMBASSY SUITES Feb 17, 2022 $1,141.06 734685 31089 EMBROIDERY PLUS LLC Feb 17, 2022 $868.17 734686 29752 FIRST ALARM WELLNESS INC Feb 17, 2022 $450.00 734687 31010 FIRST AMERICAN TITLE COMPANY Feb 17, 2022 $500.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 19 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734688 19657 FIRST CHOICE COFFEE SERVICES INC Feb 17, 2022 $69,90 734689 25339 FLEET SERVICES TOWING IC Feb 17, 2022 $37,00 73 690 24606 FLOOD BAKERSFIELD MINISTRIES Feb 17, 2022 $25,119.89 734691 30428 FRAUSTO, DEANNA Feb 17, 2022 $278.00 734692 21457 FUNCTIONAL ERGONOMICS INC Feb 17, 2022 $875.00 734693 3213 GALLS, LLC Feb 17, 2022 $920.83 734694 308 GARDENERS SUPPLY INC Feb 17, 2022 $623.12 734695 21974 GARD ER, REGI ALD Feb 17, 2022 $123.20 734696 26885 GARRETT, CHAD Feb 17, 2022 $125.00 734697 28064 GENERAL TREE SERVICE INC Feb 17, 2022 $39,967.50 734698 23836 GEXPRO Feb 17, 2022 $6,963.89 734699 17350 GHA TECHNOLOGIES INC Feb 17, 2022 $1,052.90 734700 16838 GIBBS INTERNATIONAL TRUCK CTR, INC Feb 17, 2022 $4,979.92 734701 18722 GLOBALSTAR USA INC Feb 17, 2022 $564.14 734702 3403 GOLDEN STATE PETERBILT Feb 17, 2022 $1,762.80 734703 3427 GRAI GER INC, W W Feb 17, 2022 $1,273.21 734704 3452 GRAYBAR ELECTRIC COMPANY Feb 17, 2022 $3,115.98 734705 24247 DREGS PETROLEUM SERVICES INC Feb 17, 2022 $4,366.32 734706 70055 GRIFFITH COMPANY Feb 17, 2022 $30,772.14 734707 31005 GT AUTO SERVICES INC Feb 17, 2022 $1,000.00 734708 3569 H & S BODY WORKS & TOWING Feb 17, 2022 $217.00 734709 162 HADDAD DODGE Feb 17, 2022 $305.78 734710 22893 HAIRLESS, TRAVIS Feb 17, 2022 $409.00 734711 29769 HEIR A DEZ, CHRISTIAN Feb 17, 2022 $113.00 734712 24235 HF & H CONSULTANTS LLC Feb 17, 2022 $2,500.00 734713 30391 HOME DEPOT PRO Feb 17, 2022 $1,229.19 734714 27898 IES ENGINEERING/INNOVATIVE ENG SY: Feb 17, 2022 $320.00 734715 26387 JIM BURKE FORD -ECG Feb 17, 2022 $119,620.94 734716 29624 JI S STEEL SUPPLY Feb 17, 2022 $565.39 734717 4226 JOHNSTONE SUPPLY OF BAKERSFIEL Feb 17, 2022 $1,324.28 734718 18653 JONES, JA ES Feb 17, 2022 $187.00 734719 21945 JUAREZ, FELIPE Feb 17, 2022 $409.00 734720 19554 K & R TOWING Feb 17, 2022 $74,00 734721 4550 K C S O S Feb 17, 2022 $12,683.55 734722 32283 KELLAR EQUIPMENT Feb 17, 2022 $10,825.00 734723 23915 KERN COUNTY NETWORK FOR CHILDRE Feb 17, 2022 $9,538.00 734724 4528 KERN COUNTY PUBLIC HEALTH SERV Feb 17, 2022 $160,249.87 734725 4529 KERN COUNTY PUBLIC WORKS Feb 17, 2022 $195,413.86 734726 19570 KERN COUNTY RECORDER Feb 17, 2022 $47,00 734727 4439 KERN COUNTY WASTE MANAGEMENT Feb 17, 2022 $165,661.74 734728 4573 KERN COUNTY WATER AGENCY Feb 17, 2022 $10,025.27 734729 4577 KERN DELTA WATER DIST Feb 17, 2022 $456.70 734730 7492 KERN MACHINERY INC Feb 17, 2022 $1,610.75 734731 4677 KERN REFUSE DISPOSAL, INC Feb 17, 2022 $6,650.00 734732 4701 KERN SPRINKLER LANDSCAPING INC Feb 17, 2022 $3,254.00 734733 4277 K E FIRE APPARATUS Feb 17, 2022 $5,169.39 734734 4875 KNIGHTS PUMPING & PORTABLE SVC IN Feb 17, 2022 $703.91 734735 22408 LEHR AUTO ELECTRIC Feb 17, 2022 $210.15 734736 25066 LEXISNEXIS RISK DATA MGMT Feb 17, 2022 $1,250.40 734737 32506 LIN E GAS & EQUIPMENT DBA PRAXAIR Feb 17, 2022 $435.16 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 20 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734738 5133 LOOP ELECTRIC INC Feb 17, 2022 $10,900.00 734739 16380 LUFF, HILLARY Feb 17, 2022 $191.00 73 740 31405 MANAGEMENT PARTNERS Feb 17, 2022 $14,700.00 734741 25274 MARTIN & SONS UPHOLSTERY Feb 17, 2022 $685.00 734742 30770 MARTINEZ CONSTRUCTION Feb 17, 2022 $2,500.00 734743 5328 MCCAIN TRAFFIC SUPPLY Feb 17, 2022 $488.16 734744 16016 MCINTOSH & ASSOCIATES Feb 17, 2022 $6,080.00 734745 21948 MCIRVIN, TIMOTHY Feb 17, 2022 $409.00 734746 7064 MERCHANTS PRINTING & ENVELOPE Feb 17, 2022 $87,68 734747 31037 MERCY HOUSE LIVING CENTERS Feb 17, 2022 $34,492.72 734748 14119 METRO RECORD STORAGE INC Feb 17, 2022 $18,00 734749 18520 METROPOLITAN RECYCLING LLC Feb 17, 2022 $13,880.45 734750 30587 METZLER, DEIDRA DVM Feb 17, 2022 $1,585.00 734751 19252 MEYER CIVIL ENGINEERING INC Feb 17, 2022 $18,194.50 734752 26501 MFASCO HEALTH & SAFETY Feb 17, 2022 $833.20 734753 1316 MICHELIN NORTH A ERICA INC Feb 17, 2022 $12,007.47 734754 5547 MINUTEMAN PRESS Feb 17, 2022 $1,236.01 734755 32471 MJS SOLUTIONS LLC Feb 17, 2022 $4,583.33 734756 28444 MONTGOMERY, JA ES Feb 17, 2022 $522.00 734757 5688 MOTION INDUSTRIES INC Feb 17, 2022 $1,556.07 734758 30950 MOTOROLA SOLUTIONS INC Feb 17, 2022 $392,742.23 734759 5790 MUXLOW CONSTRUCTION Feb 17, 2022 $1,190.00 734760 30588 MY JOB DEPENDS ON AG MAGAZINE Feb 17, 2022 $500.00 734761 22058 NET TRANSCRIPTS, INC, Feb 17, 2022 $202.50 734762 25752 NISHI AWA PROPERTY MAINTENANCE I Feb 17, 2022 $16,971.40 734763 20361 NOSSA AN LLP Feb 17, 2022 $9,343.50 734764 3910 O'CONNOR PEST CONTROL Feb 17, 2022 $370.00 734765 30937 OFFICE1 Feb 17, 2022 $699.59 734766 30905 OLAGUEZ TRANSPORT Feb 17, 2022 $23,625.00 734767 10361 OPEN & SHUT ENTERPRISES Feb 17, 2022 $2,450.00 734768 23214 ORKIN PEST CONTROL INC Feb 17, 2022 $68,00 734769 10495 OWENS, SILLY Feb 17, 2022 $312.00 734770 29655 P & A ADMINISTRATION SERVICES INC Feb 17, 2022 $751.50 734771 6448 P T O SALES CORP / TRUCKPRO LLC Feb 17, 2022 $282.57 734772 32533 PACE ANALYTICAL SERVICES LLC Feb 17, 2022 $220.00 734773 6122 PACIFIC POWER INC Feb 17, 2022 $306.56 734774 583 PACIFIC WEST SOUND Feb 17, 2022 $1,530.00 734775 20828 PARSONS TRANSPORTATION GROUP IN Feb 17, 2022 $65,506.95 734776 29336 PATRICK, MATTHEW Feb 17, 2022 $1,269.00 734777 25041 PENCE PETROLEUM CO Feb 17, 2022 $476.02 734778 25270 PENINSULA MESSENGER INC Feb 17, 2022 $599.62 734779 29637 PINNACLE PETROLEUM INC Feb 17, 2022 $98,846.72 734780 32585 PINPROSPLUS Feb 17, 2022 $1,082.50 734781 6376 PIONEER PAINT Feb 17, 2022 $1,101.33 734782 6429 POSITIVE PROMOTIONS INC, Feb 17, 2022 $501.68 734783 31533 POWER BUSINESS TECHNOLOGY LLC Feb 17, 2022 $40,94 734784 29204 PRIMEX Feb 17, 2022 $4,950.00 734785 26997 PROVOST & PRITCHARD CONSULTING It Feb 17, 2022 $9,075.00 734786 30642 R & S ERECTION OF TRI®COUNTY INC Feb 17, 2022 $1,018.50 734788 20713 RANDY'S TOWING LLC Feb 17, 2022 $2,198.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 21 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734789 30806 RASMUSSEN DESIGN COMPANY Feb 17, 2022 $1,868.73 734790 3249 RAY GASKIN SERVICE INC Feb 17, 2022 $245.69 73 791 6682 RAY ONDS TROPHY AND AWARDS Feb 17, 2022 $222.01 734792 28480 READY REFRESH Feb 17, 2022 $606.83 734793 6727 REFRIGERATION SUPPLIES DIST, INC Feb 17, 2022 $541.57 734794 6617 RLH FIRE PROTECTION Feb 17, 2022 $65,00 734795 70689 RLH FIRE PROTECTION Feb 17, 2022 $1,208.00 734796 29633 RODRIGUEZ, MOISES Feb 17, 2022 $530.00 734797 32634 ROHVA Feb 17, 2022 $3,000.00 734798 13860 RUETTGERS & SCHULER CIVIL E G Feb 17, 2022 $842.50 734799 12665 SAN JOAQUIN FENCE & SUPPLY Feb 17, 2022 $1,648.25 734800 21489 SCP DISTRIBUTORS LLC Feb 17, 2022 $2,196.47 734801 25586 SI S, LUKIOUS Feb 17, 2022 $409.00 734802 32173 SKAPI AKIS, ATH NA Feb 17, 2022 $113.00 734803 21703 SLAGLE'S MATTRESS FACTORY INC Feb 17, 2022 $728.80 734804 18005 SLATER PLUMBING & MECHANICAL Feb 17, 2022 $1,090.00 734805 7434 SMART & FINAL IRIS COMPANY Feb 17, 2022 $253.91 734806 11907 SPARKLETTS/SlERRA SPRINGS Feb 17, 2022 $561.03 734807 29986 STANDARD PLUMBING SUPPLY DBA F C Feb 17, 2022 $342.60 734808 25604 STAY GREEN INC Feb 17, 2022 $1,425.00 734809 18048 SUMMIT SUPPLY CORP OF COLORADO Feb 17, 2022 $1,276.19 734810 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Feb 17, 2022 $1,980.08 734811 28330 SWIM OUTLET Feb 17, 2022 $915.14 734812 28832 T-MOBILE USA Feb 17, 2022 $690.00 734813 7859 TAYLOR, MIKE Feb 17, 2022 $634.50 734814 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Feb 17, 2022 $216.32 734815 7878 TELECOM LAW FIRM PC Feb 17, 2022 $1,143.00 734816 32148 TELSTAR INSTRUMENTS Feb 17, 2022 $5,891.44 734817 851 TENNANT COMPANY Feb 17, 2022 $295.58 734818 7999 THREE-WAY CHEVROLET Feb 17, 2022 $294.21 734819 17175 TK ELEVATOR Feb 17, 2022 $421.00 734820 22879 TREFZ, CRAIG Feb 17, 2022 $113.00 734821 32159 TRINITY SAFETY COMPANY Feb 17, 2022 $122.32 734822 20359 TURF STAR INC Feb 17, 2022 $133.05 734823 15212 U.S. BEHAVIORAL HEALTH PLAN Feb 17, 2022 $1,322.40 734824 584 ULI E SHIPPING SUPPLY Feb 17, 2022 $837.69 734825 8520 VALLEY POWER SYSTEMS, INC Feb 17, 2022 $397.05 734826 32618 VEGA, JANETH Feb 17, 2022 $113.00 734827 28995 VIDALES, NAO I Feb 17, 2022 $278.00 734828 30432 V3 COMPANIES LTD Feb 17, 2022 $2,977.56 734829 14647 WAXIE SANITARY SUPPLY INC Feb 17, 2022 $366.48 734830 19776 WEST PAYMENT CENTER Feb 17, 2022 $1,241.00 734831 30674 W31 ENGINEERING Feb 17, 2022 $1,800.00 734832 27953 ZA ORA, JUAN Feb 17, 2022 $312.00 734833 28544 ZOLL MEDICAL CORPORATION Feb 17, 2022 $225.00 734834 25879 ZOOM IMAGING SOLUTIONS, INC, Feb 17, 2022 $962,6 734835 28854 3C PAYMENT (USA) CORP Feb 17, 2022 $100.00 734836 6129 A T & T Feb 17, 2022 $212.64 734837 30989 AIMS C/O HANNA BROPHY MACLEAN Feb 17, 2022 $13,50 734838 16602 ASCE MEMBERSHIP Feb 17, 2022 $300.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - PAGE 22 FROM 01/21/2022 to 02/17/2022 Check Number Vendor Number Vendor Name Check Date Check Amount 734839 10320 EAKERSFIELD HOMELESS CENTER Feb 17, 2022 $64,563.48 734840 18159 C W E A Feb 17, 2022 $283.00 73841 11937 CITY OF BAKERSFELD Feb 17, 2022 $26,88 734842 17023 CITY OF EAKERSFIELD Feb 17, 2022 $8,121.00 734843 11954 DEPARTMENT OF INDUSTRIAL RELATIOP Feb 17, 2022 $1,575.00 734844 2469 DEPARTMENT OF JUSTICE Feb 17, 2022 $1,116.00 734845 11271 DEPARTMENT OF TRANSPORTATION Feb 17, 2022 $31,125.75 734846 25786 G S E CONSTRUCTION CO INC Feb 17, 2022 $308,750.00 734847 32633 HOLIDAY INN EPRESS Feb 17, 2022 $480.48 734848 32633 HOLIDAY INN EPRESS Feb 17, 2022 $480.48 734853 7933 HOME DEPOT Feb 17, 2022 $5,062.47 734854 4528 KERN COUNTY PUBLIC HEALTH SERV Feb 17, 2022 $38,00 734857 4740 KERN TURF SUPPLY Feb 17, 2022 $11,273.20 734859 30593 L HIGH OUTFITTERS LLC Feb 17, 2022 $3,785.68 734860 5133 LOOP ELECTRIC INC Feb 17, 2022 $63,850.00 734862 15624 LO E'S HOME IMPROVEMENT Feb 17, 2022 $2,558.45 734863 30034 MECHANIC'S SANK Feb 17, 2022 $16,250.00 734868 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 17, 2022 $200,746.14 734869 30744 PARAGON TACTICAL Feb 17, 2022 $51,151.15 734870 6406 POLICE EXECUTIVE RESEARCH FORUM Feb 17, 2022 $200.00 734872 27361 SC FUELS Feb 17, 2022 $29,877.98 734873 22839 SECURITY PAVING CO, INC Feb 17, 2022 $515,967.50 734874 7103 SJVAPCD Feb 17, 2022 $2,097.20 734875 7509 SOCALGAS Feb 17, 2022 $411.07 734876 7509 SOCALGAS Feb 17, 2022 $272.79 734877 7509 SOCALGAS Feb 17, 2022 $363.77 734878 7509 SOCALGAS Feb 17, 2022 $2,077.68 734879 7509 SOCALGAS Feb 17, 2022 $2,399.05 734880 11709 STATE OF CALIFORNIA Feb 17, 2022 $180.00 734881 16783 S RCS ACCOUNTING OFFICE Feb 17, 2022 $61,833.00 734882 30740 T® OSILE Feb 17, 2022 $34,75 734883 20601 VERIZON WIRELESS Feb 17, 2022 $1,739.45 734884 30287 WEX SANK Feb 17, 2022 $809.00 9996208 10199 EAKERSFIELD CITY EMPLOYEE Jan 21, 2022 $195,101.00 9996209 30014 EMPLOYMENT DEVELOPMENT DEPT Jan 21, 2022 $249,872.45 9996210 10217 1 C M A RETIREMENT TRUST-303749 Jan 21, 2022 $52,283.02 9996211 30010 IRS Jan 21, 2022 $684,348.70 9996212 16863 NATIONWIDE RETIREMENT SOLUTIONS Jan 21, 2022 $151,128.80 9996213 20699 VANTAGEPOI T TRANSFER AGENTS C/+ Jan 21, 2022 $46,175.29 9996214 30028 SLUE SHIELD OF CALIFORNIA-P Jan 27, 2022 $586,867.45 9996215 24821 DEPARTMENT OF THE TREASURY Jan 27, 2022 $145.82 9996216 30022 IRS / FDRF Jan 27, 2022 $146.00 9996217 30021 KAISER PER A E TE Jan 27, 2022 $212,101.24 9996218 10206 STATE OF CALIF - PERS Jan 27, 2022 $1,178,601.57 9996222 19630 UNION SANK Jan 27, 2022 $378,653.33 9996223 32616 DP CAL CORPORATE PLAZA LP Feb 3, 2022 $99,250.13 9996224 30025 STATE DISBURSEMENT UNIT Feb 3, 2022 $20,877.54 9996225 11811 WELLS FARGO BANK Feb 3, 2022 $112,820.51 9996226 10199 BAK RSFI LD CITY EMPLOYEE Feb 4, 2022 $196,132.00 9996227 30014 EMPLOYMENT DEVELOPMENT DEPT Feb 4, 2022 $260,073.65 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 Check Number Vendor Number CITY OF BAKERSFIELD - FROM 01/21/2022 to 02/17/2022 Vendor Name PAGE 23 Check Date Check Amount 9996228 10217 1 C M A RETIREMENT TRUST-303749 Feb 4, 2022 9996229 30010 IRS Feb 4, 2022 9996230 16863 NATIONWIDE RETIREMENT SOLUTIONS Feb 4, 2022 9996231 20699 VANTAGEPOINT TRANSFER AGENTS C/i Feb 4, 2022 9996232 24821 DEPARTMENT OF THE TREASURY Feb 10, 2022 9996233 29896 UNION BANK CREDIT CARD FEES Feb 10, 2022 9996234 11811 WELLS FARGO BANK Feb 10, 2022 9996235 30028 BLUE SHIELD OF CALIFOR IA®H Feb 11, 2022 9996236 30021 KAISER PER A E TE Feb 11, 2022 9996238 10206 STATE OF CALIF - PERS Feb 11, 2022 9996239 30025 STATE DISBURSEMENT UNIT Feb 17, 2022 9996240 11811 WELLS FARGO BANK Feb 17, 2022 $30,586,498.89 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 01 /21 /2022 to 02/17/2022 E-Payable E-Payable Number Vendor Number Vendor Name E-Payable Date Amount 23152 576 B & B SURPLUS Jaya 21, 2022 $1, 47.58 23153 611 B S & E COMPANY INC Jan 21, 2022 $262.73 23154 13424 BARNES WELDING SUPPLY Jan 21, 2022 $31,82 23155 1163 BLUEPRINT SERVICE CO Jan 21, 2022 $591.95 23156 20747 CENTRAL SANITARY SUPPLY INC Jan 21, 2022 $2,983.20 23157 2162 CONSOLIDATED ELECTRICAL LIST INC Jan 21, 2022 $734.31 23158 13912 DIRECT SAFETY SOLUTIONS INC Jan 21, 2022 $1,211.33 23159 14055 FAST UNDERCAR LLC Jan 21, 2022 $4,726.21 23160 2874 FERGUSON ENTERPRISES INC Jan 21, 2022 $14,063.82 23161 4171 JE RY & KEITHS INC Jan 21, 2022 $645.06 23162 1390 JIM BURKE FORD Jan 21, 2022 $2,920.15 23163 4178 JIM BURKE LINCOLN MERCURY Jan 21, 2022 $155.00 23164 5687 MOTOR CITY SALES & SERVICE Jan 21, 2022 $145.00 23165 24279 O'REI LLY AUTO PARTS Jan 21, 2022 $999.48 23166 19584 SMITH & SON TIRE INC Jan 21, 2022 $1,219.47 23167 7685 STINSON STATIONERS Jan 21, 2022 $7,487.89 23168 96 TYACK TIRES INC Jan 21, 2022 $300.33 23169 436 ARGO CHEMICAL INC Jan 27, 2022 $8,744.73 23170 611 B S & E COMPANY INC Jan 27, 2022 $1,864.22 23171 13424 BARNES WELDING SUPPLY Jan 27, 2022 $37,45 23172 1037 BERCHTOLD EQUIPMENT CO Jan 27, 2022 $106.42 23173 1163 BLUEPRINT SERVICE CO Jan 27, 2022 $210.87 23174 18753 BRIDGEPORT TRUCK MANUFACTURING Jan 27, 2022 $377.61 23176 2581 DOOLEY ENTERPRISES INC Jan 27, 2022 $17,106.66 23177 14055 FAST UNDERCAR LLC Jan 27, 2022 $3,360.43 23178 2874 FERGUSON ENTERPRISES INC Jan 27, 2022 $469.80 23179 3570 HAAKER EQUIPMENT COMPANY Jan 27, 2022 $141.00 23180 3593 HALL LETTER SHOP Jan 27, 2022 $546.25 23181 3929 HYDRAULIC CONTROLS INC Jan 27, 2022 $25,90 23182 28917 JA -PRO CLEANING SYSTEMS Jan 27, 2022 $5,579.27 23183 4171 JE RY & KEITHS INC Jan 27, 2022 $1,530.61 23184 1390 JIM BURKE FORD Jan 27, 2022 $3,115.43 23185 4178 JIM BURKE LINCOLN MERCURY Jan 27, 2022 $2,197.03 23186 4680 KERN RIVER POWER EQUIPMENT INC Jan 27, 2022 $670.81 23187 5687 MOTOR CITY SALES & SERVICE Jan 27, 2022 $145.00 23188 24279 O'REILLYAUTO PARTS Jan 27, 2022 $1,778.28 23189 1279 QUALITY HEAVY DUTY DIESEL ELEC Jan 27, 2022 $519.60 23190 19584 SMITH & SON TIRE INC Jan 27, 2022 $9,899.79 23191 14700 SOUTH COAST EMERGENCY VEHICLE SI Jan 27, 2022 $63,19 23192 7685 STINSON STATIONERS Jan 27, 2022 $12,928.03 23193 15868 TEL TEC SECURITY SYSTEM INC Jan 27, 2022 $2,775.00 23194 96 TYACK TIRES INC Jan 27, 2022 $558.87 23195 21212 WHITE CAP CONSTRUCTION SUPPLY Jan 27, 2022 $1,559.83 23196 30290 BAKERSFIELD AUTO PARTS Feb 3, 2022 $2,589.44 23197 877 BAKERSFIELD WELL & PUMP Feb 3, 2022 $5,100.00 23198 1037 BERCHTOLD EQUIPMENT CO Feb 3, 2022 $3,934.90 23199 20747 CENTRAL SANITARY SUPPLY INC Feb 3, 2022 $2,714.61 23200 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 3, 2022 $4,029.14 23201 21739 GOLDEN EMPIRE TOWING INC Feb 3, 2022 $2,225.00 23202 3593 HALL LETTER SHOP Feb 3, 2022 $270.63 23203 4171 JE RY & KEITHS INC Feb 3, 2022 $5,104.68 23204 1390 JIM BURKE FORD Feb 3, 2022 $2,770.91 23205 4178 JIM BURKE LINCOLN MERCURY Feb 3, 2022 $12,382.88 23206 15694 JIMS TOWING INC Feb 3, 2022 $2,991.00 23207 4581 KERNELECTRIC DISTRIBUTORS Feb 3, 2022 $225.20 23208 4680 KERNRIVER POWER EQUIPMENT INC Feb 3, 2022 $46,60 23209 4277 K E FIRE APPARATUS Feb 3, 2022 $0,00 23210 25190 MEMORIAL OCCUPATIONAL MEDICINE Feb 3, 2022 $200.00 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 01 /21 /2022 to 02/ 17/2022 E-Payable E-Payable Number Vendor Number Vendor Name E-Payable Date Amount 23211 24279 O'R ILLY AUTO PARTS Feb 3, 2022 $97,28 23212 20446 PAPS MACHINERY INC Feb 3, 2022 $2,138.38 23214 28837 RICHARDS CRANE SERVICE LLC Feb 3, 2022 $5,149.46 23215 22473 SOILS ENGINEERING INC Feb 3, 2022 $2,209.00 23216 14700 SOUTH COAST EMERGENCY VEHICLE SEI Feb 3, 2022 $3,810.44 23217 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Feb 3, 2022 $0,00 23218 96 TYACK TIRES INC Feb 3, 2022 $531.72 23219 13646 UNITED ROTARY BRUSH CORPORATION Feb 3, 2022 $8,111.46 23220 26447 W STCOAST HYDRAULICS Feb 3, 2022 $105.50 23221 576 B & S SURPLUS Feb 4, 2022 $211.22 23222 611 B S & E COMPANY INC Feb 4, 2022 $377.13 23223 13424 BARNES WELDING SUPPLY Feb 4, 2022 $28.91 23224 1163 BLUEPRINT SERVICE CO Feb 4, 2022 $0,00 23225 20747 CENTRAL SANITARY SUPPLY INC Feb 4, 2022 $7,502.11 23226 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 4, 2022 $8,469.95 23227 13912 DIRECT SAFETY SOLUTIONS INC Feb 4, 2022 $1,120.16 23228 14055 FAST UND RCAR LLC Feb 4, 2022 $1,742.15 23229 2874 FERGUSON ENTERPRISES INC Feb 4, 2022 $10,330.49 23230 19584 SMITH & SON TIRE INC Feb 4, 2022 $3,327.57 23231 7685 STINSON STATIONERS Feb 4, 2022 $4,716.78 23232 7728 SULLY & SON HYDRAULICS INC Feb 4, 2022 $216.14 23233 96 TYACK TIRES INC Feb 4, 2022 $2,023.46 23234 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 4, 2022 $1,876.69 23235 1163 BLUEPRINT SERVICE CO Feb 10, 2022 $2,486.13 23236 21739 GOLDEN EMPIRE TOWING INC Feb 10, 2022 $337.00 23237 3593 HALL LETTER SHOP Feb 10, 2022 $1,474.09 23238 28917 JA -PRO CLEANING SYSTEMS Feb 10, 2022 $1,840.00 23239 4171 JERRY & KEITHS INC Feb 10, 2022 $4,996.69 23240 1390 JIM BURKEFORD Feb 10, 2022 $8,441.41 23241 4178 JIM BURKE LINCOLN MERCURY Feb 10, 2022 $6,845.85 23242 15694 JIMS TOWING INC Feb 10, 2022 $1,068.00 23243 2267 L N CURTIS & SONS Feb 10, 2022 $48,176.16 23244 24086MAR-CO EQUIPMENT CORP Feb 10, 2022 $1,381.30 23245 5687 MOTOR CITY SALES & SERVICE Feb 10, 2022 $551.02 23246 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 10, 2022 $8,240.79 23247 24279 O'R I LLY AUTO PARTS Feb 10, 2022 $1,136.22 23248 13209 PARKHOUSE TIRE INC Feb 10, 2022 $265.72 23249 6550 QUAD KNOPF INC Feb 10, 2022 $12,238.00 23250 21873 RM INDUSTRIES INC Feb 10, 2022 $7,668.92 23251 19584 SMITH & SON TIRE INC Feb 10, 2022 $10,954.04 23252 22473 SOILS ENGINEERING INC Feb 10, 2022 $2,032.00 23253 14700 SOUTH COAST EMERGENCY VEHICLE SEI Feb 10, 2022 $9,203.60 23254 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Feb 10, 2022 $3,811.56 23255 7685 STINSON STATIONERS Feb 10, 2022 $13,174.00 23256 7728 SULLY & SON HYDRAULICS INC Feb 10, 2022 $116.44 23257 15868 TEL TEC SECURITY SYSTEM INC Feb 10, 2022 $865.92 23258 96 TYACK TIRES INC Feb 10, 2022 $4,362.91 23259 26447 WESTCOAST HYDRAULICS Feb 10, 2022 $376.15 23260 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 10, 2022 $881.88 23261 9010 WILLIAMS CLEANING SYSTEMS INC Feb 10, 2022 $1,939.57 23262 576 B & B SURPLUS Feb 11, 2022 $515.27 23263 611 B S & E COMPANY INC Feb 11, 2022 $577.86 23264 30290 BAKERSFIELD AUTO PARTS Feb 11, 2022 $3,055.78 23265 13424 BARNES WELDING SUPPLY Feb 11, 2022 $213.26 23266 1037 BERCHTOLD EQUIPMENT CO Feb 11, 2022 $112.27 23267 18753 BRI G PORT TRUCK MANUFACTURING Feb 11, 2022 $5,503.21 23268 23090 BURTONS FIRE INC Feb 11, 2022 $636.32 23269 20747 CENTRAL SANITARY SUPPLY INC Feb 11, 2022 $1,836.61 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ 2/18/2022 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 01 /21 /2022 to 02/17/2022 E-Payable E-Payable Number Vendor Number Vendor Name E-Payable Date Amount 23270 17161 CLA SON AUTOMOTIVE EQUIPMENT Feb 11, 2022 $864.88 23271 13912 DIRECT SAFETY SOLUTIONS INC Feb 11, 2022 $149.39 23272 14055 FAST UJ DERCAR LLC Feb 11, 2022 $9,730.32 23273 2874 FERGUSONENTERPRISES INC Feb 11, 2022 $767.55 23274 30589 FRUIT GROWERS LABORATORY INC Feb 11, 2022 $5,922.00 23275 436 ARGO CHEMICAL INC Feb 17, 2022 $5,137.91 23276 877 BAKERSFIELD WELL & PUMP Feb 17, 2022 $28,130.00 23277 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 17, 2022 $1,636.00 23278 21739 GOLDEN EMPIRE TOWING INC Feb 17, 2022 $537.00 23279 3570 HAAKER EQUIPMENT COMPANY Feb 17, 2022 $323.69 23280 3593 HALL LETTER SHOP Feb 17, 2022 $143.97 23281 3929 HYDRAULIC CONTROLS INC Feb 17, 2022 $144.64 23282 28917 JA -PRO CLEANING SYSTEMS Feb 17, 2022 $3,699.06 23283 4171 JE RY & KEITHS INC Feb 17, 2022 $6,006.82 23284 1390 JIM BURKE FORD Feb 17, 2022 $1,322.43 23285 4178 JIM BURKE LINCOLN MERCURY Feb 17, 2022 $7,406.89 23286 15694 JI S TOWING INC Feb 17, 2022 $1,634.00 23287 4581 KERN ELECTRIC DISTRIBUTORS Feb 17, 2022 $292.71 23288 4680 KERNRIVER POWER EQUIPMENT INC Feb 17, 2022 $1,572.30 23289 2267 L N CURTIS & SONS Feb 17, 2022 $637.39 23290 24086 AR -CO EQUIPMENT CORP Feb 17, 2022 $764.76 23291 25190 MEMORIAL OCCUPATIONAL MEDICINE Feb 17, 2022 $19,731.00 23292 5687 MOTOR CITY SALES & SERVICE Feb 17, 2022 $2,263.68 23293 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 17, 2022 $5,078.41 23294 24279 O'REILLYAUTO PARTS Feb 17, 2022 $1,763.45 23295 19584 SMITH & SON TIRE INC Feb 17, 2022 $5,388.44 23296 14700 SOUTH COAST EMERGENCY VEHICLE SEI Feb 17, 2022 $112.07 23297 7685 STINSON STATIONERS Feb 17, 2022 $14,094.16 23298 7728 SULLY & SON HYDRAULICS INC Feb 17, 2022 $278.53 23299 15868 TEL TEC SECURITY SYSTEM INC Feb 17, 2022 $1,165.00 23300 96 TYACK TIRES INC Feb 17, 2022 $2,027.30 23301 26447 WESTCOAST HYDRAULICS Feb 17, 2022 $47.71 23302 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 17, 2022 $593.43 23303 9010 WILLIAMS CLEANING SYSTEMS INC Feb 17, 2022 $10,357.26 23304 9234 ZALCO LABORATORIES INC Feb 17, 2022 $193.75 533,002.25 31,119,501.14 S:\Accounting\KAROL\Admin - Council\2022\C0UNCIL-ADMIN\ %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Resolutions b. TO: Honorable Mayor and City Council FROM: Christopher Boyle, Development Services Director DATE: 2/14/2022 WARD: SUBJECT: Resolution confirming approval by the City Manager designee of the Code Enforcement Manager'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 RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Assessment hearing was held on February 14, 2022, by the City Manager designee and all proposed charges were confirmed. The subject properties listed in Exhibit A (attached) 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 in Exhibit A. The owners of the listed 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 in Exhibit A were abated under the direction of the Code Enforcement Manager. 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 properties. ATTACHMENTS: Description Type I:::) ecla ira tli o irn Resolution ExhiIre t ExhiUt 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 February 14, 2022, 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: l . That the Code Enforcement Manager 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 Code Enforcement Manager 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, 1600 Truxtun Avenue, Bakersfield, California, at any time prior to the time the lien imposed 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. ---------- 000---------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED KAREN GOH MAYOR APPROVED as to form: VIRGINIA GENNARO City Attorney BY: ASHLEY ZAMBRANO Deputy City Attorney JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 2 2/14/2022 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 ADMIN TOTAL Ward TO DO COST COST WORK 1. 018-091-19-00-9 708 Dr. Martin Luther Eber Antonio Villatoro Osorto $645 $904 $1,549 1 King, Jr. 4232 E Cesar E Chavez Ave Los Angeles, CA 90063 21-4353 2. 022-221-08-00-5 2701 Lee Dr Ruby Moreno Sanchez $0 $891 $891 1 2701 Lee Dr 21-640 Bakersfield, CA 93304 3. 166-162-06-00-8 2414 O St Yvonne O Kotarac $400 $904 $1,304 1 2414 O St 21-3800 Bakersfield, CA 93304 4. 007-034-17-00-6 2820 Chester Ln Lancaster Family Tr $0 $151 $151 2 2820 Chester Ln 21-5099 Bakersfield, CA 93304 5. 011-152-04-00-0 501 El Prado Dr James Johnston & Wanda Hall $0 $151 $151 2 501 El Prado Dr 21-5025 Bakersfield, CA 93304 6. 120-150-03-00-8 3717 Jewett Ave 1504 Avenida Selva Inc $0 $151 $151 2 8504 Firestone BI 21-5288 Downey, CA 90241 7. 012-210-15-00-5 244 Lincoln St Maria Q Lopez $1,170 $904 $2,074 2 2408 Spruce St 21-4887 Bakersfield, CA 93301 8. 015-310-03-00-7 1409 Monterey St Maria Q Lopez $598 $904 $1,502 2 2408 Spruce St 21-4592 Bakersfield, CA 93301 9. 002-051-30-00-3 705 33RD St Anna L Zamora $0 $904 $904 2 705 33rd St 21-3835 Bakersfield, CA 93301 10. 120-130-1 1-00-5 1 102 34'h St Gina Kang $0 $151 $151 2 2185 Station Village Way #2303 21-4862 San Diego, CA 92108 11, 021-062-10-00-4 3100 Dartmouth St Azadzoi Mohammad $0 $151 $151 3 20335 Herbshey Cir 21-5068 Yorba Linda, CA 92887 12. 541-031-21-00-1 10614 Valverde Dr Chea $0 $904 $904 5 14508 Yellow Lupine Dr 21-4501 Bakersfield, CA 93314 13. 499-202-18-00-1 5015 Hartwick Ct Wynter Marlon $775 $1,675 $2,450 6 18404 Galway Ave 21-4315 Albans, NY 11412 14. 532-071-09-00-3 5505 Rockview Dr R4 Prop LLC $0 $151 $151 6 PO Box 20759 21-4499 Bakersfield, CA 93309 15. 405-150-16-00-2 3301 Mc Courry Dr James Carpenter $0 $891 $891 7 13400 Atrium Ct 19-7096 Bakersfield, CA 93314 Page 2 of 2 APN PROPERTY ADDRESS PROPERTY OWNER COST TO DO WORK ADMIN COST TOTAL COST Ward 16. 015-210-07-00-0 1218 Owens St Daniel Casillas $0 $151 $151 7 1932 Le May Ave 21-4140 Bakersfield, CA 93304 17. 515-503-01-00-2 4301 Waterfall Cao Xuan Tram Thi $0 $904 $904 7 Canyon Dr 4301 Waterfall Canyon Dr Bakersfield, CA 93312 21-4278 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": 1, David Paquette, declare: 1. I am the duly appointed Code Enforcement Manager 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 Novemeber 2021, Decemeber 2021 and January 2022. 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 January 14, 2022 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 14th day of Februrary 2022, at Bakersfield, California. David Paquette Code Enforceme �� t nager r %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Resolutions c. TO: Honorable Mayor and City Council FROM: Christopher Boyle, Development Services Director DATE: 2/23/2022 WARD: SUBJECT: Resolution authorizing the application and acceptance of grant funds for non-traditional Section 6 Bakersfield Habitat Conservation Plan. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On August 24, 1994, permits were issued to the City of Bakersfield and County of Kern by the U.S. Fish and Wildlife Service (USFW) and the California Department of Fish and Wildlife ("CDFW") for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These permits allow the take and include payment of impact fees to reduce the effects of urban development upon sensitive species in the metropolitan area. City staff in coordination with the CDFW applied for grant funding being offered through the Federal Cooperative Endangered Species Conservation Fund as authorized under Section 6 of the Endangered Species Act. Grant funds are made available annually on a competitive basis, and local assistance in the amount of $599,632.00 was awarded. Procedures established by the CDFW require the Grantee to certify by resolution the approval to apply for, and accept grant funds. On February 2, 2022 City Council approved the resolution (No. 014-2022) which was transmitted to CDFW. That agency subsequently requested a change in signatory from the Development Services Director to the Planning Director. This resolution is reflective of that requested change. Staff recommends adoption of the resolution providing authorization to enter into an agreement to implement high priority activities related to the Section 6 Grant Program. ATTACHMENTS: Description Type R solluitlioiru Resollu.hioin RESOLUTION NO: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD (GRANTEE) AUTHORIZING THE APPLICATION AND ACCEPTANCE OF GRANT FUNDS FOR NON-TRADITIONAL SECTION 6 BAKERSFIELD HABITAT CONSERVATION PLAN WHEREAS, grant funds are made available annually on a competitive basis by the California Department of Fish and Wildlife for the Section 6 Grant Program; and WHEREAS, the grants are awarded pursuant to guidelines established by the California Department of Fish and Wildlife for determination of project eligibility for funds; and WHEREAS, said procedures established by the California Department of Fish and Wildlife require the Grantee to certify by resolution the approval to apply for, and accept grant funds and provide authorization to enter into an agreement with the California Department of Fish and Wildlife to implement high priority activities related to the Section 6 Grant Program. NOW, THEREFORE, IT IS RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein. 2. This City Council finds that all the facts, findings, and conclusions set forth in the recitals above in this Resolution are true and correct. 3. This City Council hereby approves the filing of an application for local assistance for the above project(s) in the amount of $599,632.00. 4. This City Council hereby appoints the City of Bakersfield Planning Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall cause the some to be published or posted according to law. HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By KAREN GOH Mayor APPROVED AS TO FORM: By VIRIDIANA GALLARDO-KING Deputy City Attorney S:\BHCP\Staff & Admin Reports\City Council\2022 Grant Reso\City Council Resolution_2022_REVISED.docx %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Resolutions d. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 2/9/2022 WARD: Ward(s) 1, 3, 6, 7 SUBJECT: Resolutions to add the following areas to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 3-116 (5741 Taft Highway) - Ward 6 2. Area 4-257 (11101 Highway 178) - Ward 3 3. Area 4-258 (2700 Oswell Street) - Ward 3 4. Area 5-113 (1720 Planz Road) - Ward 7 5. Area 5-114 (3516 Lotus Lane) - Ward 1 6. Area 5-115 (2300 Short Street) - Ward 1 STAFF RECOMMENDATION: Staff recommends adopting the resolutions. BACKGROUND: On February 23, 2022, the City Council adopted Resolutions of Intention No. 2125, 2127, 2128, 2129, 2130 and 2131 respectively, to add the areas 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. For an area where a park has been constructed and/or street landscaping has already been installed, the area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels during the next annual update. For an area where a park and/or street landscaping has not been installed, the area will be assigned appropriate tier levels when improvements are constructed. The addition of these areas to the Consolidated Maintenance District are not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the properties listed 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 subdivision requirements. The owner(s) also have submitted a Proposition 218 ballot indicating 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 - Recorders Office upon approval of these Resolutions. ATTACHMENTS: Description Type D RESUI LJ "IF 10 IN A 1'.) 1 1 IN G IR IE A w.3..116 TO Til I IE C IM 1'.) Resolution D W )3 116 EKI I I IB I "IF 1 Exhflbt D II...) '3 116 EKI I I IB I "IF A Exhflblt D �M II...) 3 116 EKI I I IB I "IF ExhflNt D �M II...) 3 116 EKI I I IB I "IF C , ExhflNt D �M 1'.) 3 116 EKI I I IB I "IF F.) ExhiUt D �IM 1'.) 3 116 EX[ 111 IB I F IE ExhflUt D �IM 1'.) 3 116 EXI II I IB I "IF F:: ExhibR D RESUI L) "IF 10: N A D D I N G A IR IE A 4 257 "IF0 '11"I I IE C 1M 1'.) ResolUtion D IMF) 4257 IEX U[3 IT 1 ExhibR D �IM F ) 4 257 EXI I I 1::.:3 I T A Exhibt D �IM F ) 4 257 EXI I 11::3 1 T IB Exhit)R D �IM F ) 4 257 EXI I 11::.3 1 T C Exhit)R D �IM 1 4 257 EXI I 11::.3 1 T 1'.) Exhibt D �M 1 )4 257EXI II I I T IE Exhibt D �M 1 )4 257'Ekl II I I li= Exhibt D RESUI L) "IF 10 IN A i i I N G lR lE A 4.. 258 "IF0 IC IN I IE C lIM i Resolution D �M II...) 4258 EXI I I I T I ExhibR D �M 1 )4 258 EXI I 11.3 1 T A Exhibt D �M II...) 4 258 EXI I 11.3 1 T IB ExhiUt D �M 1".) 4 258 EXI I 113 1 T C ExhiUt D �IM F ) 4 258 EXI I I 1.:3 I T 1'.) Exhibt D �IM F ) 4 258 EXI I 113 1 T IE Exhibt D �IM F )4 258 EXI I 113 1 T If ExhiUt D RESUI U "IF 10 IN A D D I IN G A �Rf E A 5 113 TO it I IE C IM 1'.) Resolution D �IM 1'.) 5 113 EXI II I IB I "IF 1 Exhibt D �IM 1'.) 5-113 IE X IN I I IB I "IF A Exhit)R D �IM II:) 5-113 EXI II I IB I "IF 1::.3 ExhiIre t D �IM 1 )5 113 EXI I I IB I "IF C , ExhiIre t D �M 1 )5 113 EXI II I IB I "IF II::: ) ExhiIts t D �M 1 )5 113 EKI II I IB I "IF IE ExhiIts t D �M 1 )5 113 EKI II I IB I "IF If :: ExhibR D RESUI LJ "IF 10 IN A i ) i )ING AREA 5 114 TO "Fil Ili:::::'. C M i Resolution D �M I1... )5 114 EKI I I IB I "IF 1 Exhibt D �M 1".) 5 114 EKI I I IB I "IF A ExhiUt D �M 1".) 5 114 EKI I I IB I "IF 1::3 ExhiUt D �IM ID 5 114 EXI II II IB II 'IF C EAIke D IWID 5...'1'14 EXI I II IB II 'IF [) EWIre 1 D �IM 5 114 EXI I I �B I 'IC E ExhWt D �M 5 114 EM I II IB II 'IF F:: EAS I1 t D R E 3 0 L VIC II0ICN IIDIIDIIIING A IR IE A 5 115 TO "D I IE CI ID Resolution D �IM 5...'115 IC:::::: IN II II IB II 'IF 1 EAS li t D �IM 5 115 EXI II II IB II 'IF A ExhUt D �M 5 115 EM I II IB I 'IF EI; E)Mb t D �IM IID 5 115 EXI I II IB II 'IF C ENIke A D �IM 5...'115 IC:::::: X IN II II IB II 'IF [) EON D �IM 5 115 EXI II II IB II 'IF IE ExhUt D �IM ID 5 115 EXI I II IB II 11 IF ExhUt RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 3-116 (5741 TAFT HIGHWAY) TO THE CONSOLIDATED MAINTENANCE DISTRICT; APPROVING, CONFIRMING AND ADOPTING 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, 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 3-116 (PDR 20-0103), 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 Page 1 of 4 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2125 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 3-116, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 3-116 (5741 Taft Highway), to the Consolidated Maintenance District, Bakersfield, California," for 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 3-116 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. O19-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 2021-2022 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 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. Page 3 of 4 and adopted, on HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed by the Council of the City of Bakersfield at a regular meeting thereof held by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: go KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JOSHUA RUDNICK Deputy City Attorney Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3-1 16 Fiscal Year 2021-2022 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 5741 Taft Highway 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 "B" 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 -Long Beach-Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been EXHIBIT 1 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, GREGG STRAKALUSE, 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 2021-2022 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: GREGG STRAKALUSE Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 3-116 An area located in Section 3, Township 31, Range 27 M.D.B. & M., more particularly described as follows: P D R 20-0103 5741 Taft Highway Bakersfield California Containing: 1 Acres, more or less. MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 3-116) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA TAFT MY MD 3-116 N 0 NOT TO SCALE EXHIBIT "Bn FlLE: MD 3-116 sH¢T 1 of 1 EXHIBIT "C" 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 Parks and Recreation Dept. through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) 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 Parks and Recreation 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. EXHIBIT C 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 updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (a): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, 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 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E: R-S 4.36 1.82 R-S-1 A 1 R-S-2.5A 0.4 R-S-5A 0.2 R-S-1 OA 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 3-116 Said assessment is made in accordance with the benefit formula attached hereto. 2021-2022 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D MAINTENANCE DISTRICT AREA 3-116 ASSESSMENT ROLL FISCAL YEAR 2021-2022 Assessor's Tax No. Total amount to be collected for FY (2021-2022) 184-220-58-00-4 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E Inclusion of a Subdivision into the Consolidated Maintenance District SSSB 5 Corp, a California corporation 12501 Riverfront Park Drive Bakersfield, CA 93311 City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Inclusion of PDR 20-0103 (5741 Taft Highway) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within PDR 20-0103 (5741 Taft Highway) 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 $ 924.00 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, Gurinderprit S. Barsa President EXHIBIT F RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4-257 (11101 HIGHWAY 178) TO THE CONSOLIDATED MAINTENANCE DISTRICT; APPROVING, CONFIRMING AND ADOPTING 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, 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 4-257 (SPR 20-0161), 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 Page 1 of 4 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2127 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 4-257, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-257 (11101 Highway 178), to the Consolidated Maintenance District, Bakersfield, California," for 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 4-257 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. O19-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 2021-2022 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 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. Page 3 of 4 and adopted, on HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed by the Council of the City of Bakersfield at a regular meeting thereof held by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: go KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JOSHUA RUDNICK Deputy City Attorney Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-257 Fiscal Year 2021-2022 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 11101 Highway 178 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 "B" 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 -Long Beach-Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been EXHIBIT 1 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, GREGG STRAKALUSE, 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 2021-2022 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: GREGG STRAKALUSE Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 4-257 An area located in Section 20, Township 29, Range 29 M.D.B. & M., more particularly described as follows: S P R 20-0161 1 1 101 Highway 178 Bakersfield California Containing: 0.99 Acres, more or less. MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-257) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA M®4-257 N ED NOT TO SCALE EXHIBIT "Bn FlLE: MD 4-257 SHEET 1 of 1 EXHIBIT "C" 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 Parks and Recreation Dept. through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) 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 Parks and Recreation 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. EXHIBIT C 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 updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (a): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, 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. Singie ramiiy Kesioennai rarceis: 1 EDU per Parcel Mooue Home rarKs: 1 EDU per Space / Lot MuiTiramiiy Kesiaennai rarceis: .71 EDU per Unit ((-:ommerciai / inausrriai / Mixeo 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 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E: R-S 4.36 1.82 R-S-1 A 1 R-S-2.5A 0.4 R-S-5A 0.2 R-S-1 OA 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 4-257 Said assessment is made in accordance with the benefit formula attached hereto. 2021-2022 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D MAINTENANCE DISTRICT AREA 4-257 ASSESSMENT ROLL FISCAL YEAR 2021-2022 Assessor's Tax No. Total amount to be collected for FY (2021-2022) 533-012-24-00-2 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E Inclusion of a Subdivision into the Consolidated Maintenance District (LETTERHEAD) (Date) City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Inclusion of SPR 20-0161 (11101 Highway 178) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included SPR 20-0161 (11101 Highway 178) 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 $ 924.00 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 1 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, Mohamed M. Muthana OWNER EXHIBIT F RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4-258 (2700 OSWELL STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; APPROVING, CONFIRMING AND ADOPTING 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, 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 4-258 (SPR 21-0102), 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 Page 1 of 4 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2128 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 4-258, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-258 (2700 Oswell Street), to the Consolidated Maintenance District, Bakersfield, California," for 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 4-258 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. O19-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 2021-2022 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 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. Page 3 of 4 and adopted, on HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed by the Council of the City of Bakersfield at a regular meeting thereof held by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: go KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JOSHUA RUDNICK Deputy City Attorney Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-258 Fiscal Year 2021-2022 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2700 Oswell 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 "B" 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 -Long Beach-Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been EXHIBIT 1 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, GREGG STRAKALUSE, 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 2021-2022 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: GREGG STRAKALUSE Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 4-258 An area located in Section 15, Township 29, Range 28 M.D.B. & M., more particularly described as follows: SPR 21-0102 2700 Oswell Street Bakersfield California Containing: 0.58 Acres, more or less. MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-258) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA MD 4-2S8 ALUM 3T N NOT TO SCALE EXHIBIT "Bn FlLE: MD 4-258 SHEET 1 of 1 EXHIBIT "C" 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 Parks and Recreation Dept. through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) 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 Parks and Recreation 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. EXHIBIT C 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 updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (a): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, 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 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E: R-S 4.36 1.82 R-S-1 A 1 R-S-2.5A 0.4 R-S-5A 0.2 R-S-1 OA 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 4-258 Said assessment is made in accordance with the benefit formula attached hereto. 2021-2022 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D MAINTENANCE DISTRICT AREA 4-258 ASSESSMENT ROLL FISCAL YEAR 2021-2022 Assessor's Tax No. Total amount to be collected for FY (2021-2022) 383-280-06-00-2 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E Inclusion of a Subdivision into the Consolidated Maintenance District A&M Darghali LLC, a California limited liability company 2700 Oswell Street Bakersfield, CA 93306 City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 I On -Mill & = 0-3-4 0 RE: Inclusion of SPR 21-0102 (2700 Oswell Street) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within SPR 21-0102 (2700 Oswell Street) 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 $ 924.00 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 1 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, Muneeb Darghali Managing Member EXHIBIT F RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-113 (1720 PLANZ ROAD) TO THE CONSOLIDATED MAINTENANCE DISTRICT; APPROVING, CONFIRMING AND ADOPTING 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 7) 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 5-113 (SPR 20-0192), 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 Page 1 of 4 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2129 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 5-113, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-113 (1720 Planz Road), to the Consolidated Maintenance District, Bakersfield, California," for 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 5-113 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. O19-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 2021-2022 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 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. Page 3 of 4 and adopted, on HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed by the Council of the City of Bakersfield at a regular meeting thereof held by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: go KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JOSHUA RUDNICK Deputy City Attorney Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-1 13 Fiscal Year 2021-2022 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1720 Planz 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 "B" 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 -Long Beach-Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been EXHIBIT 1 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, GREGG STRAKALUSE, 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 2021-2022 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: GREGG STRAKALUSE Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 5-113 An area located in Section 12, Township 30, Range 27 M.D.B. & M., more particularly described as follows: S P R 20-0192 1720 Planz Road Bakersfield California Containing: 0.65 Acres, more or less. MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-113) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA MD N NOT TO SCALE EXHIBIT "Bn FlLE: MD 5-113 sH¢T 1 of 1 EXHIBIT "C" 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 Parks and Recreation Dept. through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) 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 Parks and Recreation 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. EXHIBIT C 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 updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (a): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, 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 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E: R-S 4.36 1.82 R-S-1 A 1 R-S-2.5A 0.4 R-S-5A 0.2 R-S-1 OA 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 5-113 Said assessment is made in accordance with the benefit formula attached hereto. 2021-2022 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D MAINTENANCE DISTRICT AREA 5-113 ASSESSMENT ROLL FISCAL YEAR 2021-2022 Assessor's Tax No. Total amount to be collected for FY (2021-2022) 023-172-18-01-3 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E -1: . : : -. I- ftil 1 4. M:S4 : 4. 1 %� IU L U IVI I L LF I L I L Inclusion of a Subulvislor, IMO tole a r, enance rc Tanya Lopez 1720 Planz Road Bakersfield, CA 93304 City of Bakersfield - Public Works Den-,irtment Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Inclusion of SPR 20-0192 (1720 Planz Road) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within SPR 20-0192 (1720 Planz Road) 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 $ 924.00 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 0 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, Lopez EXHIBIT F RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-114 (3516 LOTUS LANE) TO THE CONSOLIDATED MAINTENANCE DISTRICT; APPROVING, CONFIRMING AND ADOPTING 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 1) 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 5-114 (Grading Plan 21-400000109), 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 Page 1 of 4 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2130 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 5-114, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-114 (3516 Lotus Lane), to the Consolidated Maintenance District, Bakersfield, California," for 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 5-114 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. O19-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 2021-2022 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 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. Page 3 of 4 and adopted, on HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed by the Council of the City of Bakersfield at a regular meeting thereof held by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: go KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JOSHUA RUDNICK Deputy City Attorney Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-1 14 Fiscal Year 2021-2022 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 3516 Lotus Lane 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 "B" 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 -Long Beach-Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been EXHIBIT 1 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, GREGG STRAKALUSE, 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 2021-2022 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: GREGG STRAKALUSE Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 5-114 An area located in Section 17, Township 30, Range 28 M.D.B. & M., more particularly described as follows: Grading Plan 21-400000109 3516 Lotus Lane Bakersfield California Containing: 0.15 Acres, more or less. MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-114) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA MD 5-114 LU 3 � J = N sr NOT TO SCALE EXHIBIT "Bn FlLE: MD 5-114 SHEET 1 of 1 EXHIBIT "C" 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 Parks and Recreation Dept. through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) 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 Parks and Recreation 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. EXHIBIT C 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 updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (a): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, 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 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E: R-S 4.36 1.82 R-S-1 A 1 R-S-2.5A 0.4 R-S-5A 0.2 R-S-1 OA 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 5-114 Said assessment is made in accordance with the benefit formula attached hereto. 2021-2022 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D MAINTENANCE DISTRICT AREA 5-114 ASSESSMENT ROLL FISCAL YEAR 2021-2022 Assessor's Tax No. Total amount to be collected for FY (2021-2022) 172-092-30-00-2 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E Inclusion of a Subdivision into the Consolidated Maintenance District Byron Allen Campbell and Carol Campbell 3516 Lotus Lane Bakersfield, CA 93307 City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Inclusion of Grading Plan # 21-400000109 (3516 Lotus Lane) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Grading Plan # 21- 400000109 (3516 Lotus Lane) 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 $ 924.00 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 1 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, Byron Aller Owner Carol Cam Owner EXHIBIT F RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-115 (2300 SHORT STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; APPROVING, CONFIRMING AND ADOPTING 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 1) 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 5-1 15 (SPR 21-01 16), 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 Page 1 of 4 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2131 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 5-115, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-115 (2300 Short Street), to the Consolidated Maintenance District, Bakersfield, California," for 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 5-115 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. O19-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 2021-2022 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 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. Page 3 of 4 and adopted, on HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed by the Council of the City of Bakersfield at a regular meeting thereof held by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: go KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JOSHUA RUDNICK Deputy City Attorney Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-1 15 Fiscal Year 2021-2022 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2300 Short 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 "B" 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 -Long Beach-Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been EXHIBIT 1 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, GREGG STRAKALUSE, 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 2021-2022 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: GREGG STRAKALUSE Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 5-115 An area located in Section 8, Township 30, Range 28 M.D.B. & M., more particularly described as follows: S P R 21-0116 2300 Short Street Bakersfield California Containing: 1.25 Acres, more or less. N NOT TO SCALE MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-115) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA EXHIBIT "Bn FlLE: MD 5-115 sH¢T 1 of 1 EXHIBIT "C" 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 Parks and Recreation Dept. through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) 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 Parks and Recreation 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. EXHIBIT C 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 updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (a): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, 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 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E: R-S 4.36 1.82 R-S-1 A 1 R-S-2.5A 0.4 R-S-5A 0.2 R-S-1 OA 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 5-115 Said assessment is made in accordance with the benefit formula attached hereto. 2021-2022 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D MAINTENANCE DISTRICT AREA 5-115 ASSESSMENT ROLL FISCAL YEAR 2021-2022 Assessor's Tax No. Total amount to be collected for FY (2021-2022) 170-300-08-00-1 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E Inclusion of a Subdivision 490 the Consolidated Maintenance District Gen N1, Rckert 'T'LFaCC II T1c CTI 11A llbeq Fust Dated Mamn 1Z 1999 23CO Shom Stroca Bakersfie d, CA 1.43?07 Ci',,t of Eaxersf e c Publ c Uecart,vcnt Attr fOx-fp,eet S Etc-11 Bakersfiucl, Ca Arn a 933' RE Inclusion of SPR 21-0116 (2300 Short Streetp in a Consolidated Maintenance District (CIVID) We, he jinders q,md, as ownem of to pnpmy rKhood want VIR 2 7 0176 hemk reaues! that tic prooert; ne �-ic�Ljded wthn t,-�c CNID. fit", reauest 0 n accorda9ce "T to mourwrenh A BOOKC10 Mcmal Code Semai 13 04121 Ercksec si it cheA lor $ 9241C as nau red by Me Chy to cowl - the cost I As incUs on I -A ine CPAD If reouested, ou enTqm, AH smoy you w1h a comower C s, copy of thc,, rriap for °or L,se 1,11,le qiat -Indol Flpc&ton 210"nal Gaverm)m Code secyon 5175? i0pokable hWa Way Coirid howrip all be ida Iw pu,00nes 0 Pic Anny We above procerty Mir —the CNID and coterin n ng ,hci xr,OW-11 C,t V0, Vxeny ,va Ye oir ngO io Izave a nea-hy vahin to t me pwarnaten so INA n to apdwab o 1ria Ve fart or unaentird tl"at tne i-earinq, scnedL,Ied for 20 at 5 15 r tine Comc I Ourmus ocatlal at 7501 Truntun Ave , BakNobed, CA 933T. 'Ne h mb'xa wallo our if.„N to hotior Mice 0 ILI - Own (049 U to sort Inswe EXHIBIT F %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Resolutions e. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 2/9/2022 WARD: Ward 2 SUBJECT: Resolution to amend Area 4-69 100 E. California Avenue to add additional parcels (ATN 016-500-01-00-3 and 016-500-02-00-6) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report STAFF RECOMMENDATION: Staff recommends adopting the resolution. BACKGROUND: On February 23, 2022, the City Council adopted Resolution of Intention No. 2126 to amend Area 4-69 to include parcels (ATN 16-500-01-00-3 and 016-500-02-00-6) 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. For an area where a park has been constructed and/or street landscaping has already been installed, the area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels during the next annual update. For an area where a park and/or street landscaping has not been installed, the area will be assigned appropriate tier levels when improvements are constructed. The addition of these parcels to Area 4-69 of the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property listed 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 subdivision requirements. The owner also has submitted a Proposition 218 ballot indicating consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of parcels in the Consolidated Maintenance District Area 4-69 and the estimated maximum annual cost per dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. ATTACHMENTS: Description Type D ResolkAbin to aimend air(,.,a 4 69 Resolution D �M ID 4 69 EX[ UB II 1 1 ExhibR D �M 1..) 4 69 EXI I I lB 111 A ExhibR D �M 1..) 4 69 EXI 11B 111 IB Exhibt D �IM 1..) 4...6 EXI UIBI 11 Exhibt D �M 1..) 4 69 EXI I I If. 111 1..) Exhibt D �M 1..) 4 69 IC::::: X II I II IB II11 IE ExhiIt) R D �IM 1..) 4 69 EXI UIBI 11 F:: Exhibt RESOLUTION NO. A RESOLUTION TO AMEND AREA 4-69 (100 E CALIFORNIA) TO ADD PARCELS (ATN 016- 500-01-00-3 AND 016-500-02-00-6), TO THE CONSOLIDATED MAINTENANCE DISTRICT; APPROVING, CONFIRMING AND ADOPTING 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 amend Area 4-69 (Parcel Merger No 21-0134), 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 Page 1 of 4 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2126 declared its intention to amend area 4-69 of the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional parcels, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional parcels shall be designated Area 4-69, as shown and designated on that certain map entitled "Map and Assessment Diagram for Amending of Territory, Area 4-69 (Exhibit B) to the Consolidated Maintenance District, Bakersfield, California," for 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 amends Area 4-69 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 parcels. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. O19-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 2021-2022 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 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 are to be made for each year at the time the budget and assessment is approved for the year in question. Page 3 of 4 and adopted, on HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed by the Council of the City of Bakersfield at a regular meeting thereof held by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: go KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JOSHUA RUDNICK Deputy City Attorney Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT AMENDMENT OF TERRITORY, AREA 4-69 Fiscal Year 2021-2022 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 100 E. California Avenue 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 "B" 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 -Long Beach-Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been EXHIBIT 1 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, GREGG STRAKALUSE, 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 2021-2022 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: GREGG STRAKALUSE Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 4-69 An area located in Section 29, Township 29, Range 28 M.D.B. & M., more particularly described as follows: Parcel Merger 21-0134 100 E. California Avenue Bakersfield California Containing: 17.32 Acres, more or less. EXHIBIT "C" 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 Parks and Recreation Dept. through separate policy. Multiplied by The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for (EDU): the parcel. Multiplied by The factor for the tier level, which equals the street or tier number. This tier is assigned by (Tier): the Parks and Recreation 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 EDUD + ((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 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. EXHIBIT C A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a a maintenance district, or updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (a): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of- way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, 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 7.26 R-2 17.42 R-3 34.85 R-4 72.6 E: 4.36 R-S 1.82 R-S-1 A 1 R-S-2.5A 0.4 R-S-5A 0.2 R-S-1 OA 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 4-69 Said assessment is made in accordance with the benefit formula attached hereto. 2021-2022 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D MAINTENANCE DISTRICT AREA 4-69 ASSESSMENT ROLL FISCAL YEAR 2021-2022 Assessor's Tax No. Total amount to be collected for FY (2021-2022) 016-500-03-00-9 $0.00 016-500-01-00-3 $0.00 016-500-02-00-6 $0.00 Total $0.00 EXHIBIT E Inclusion of a Subdivision into the Consolidated Maintenance District FM Baker, LLC. aCalifornia limited liability company YBG Bah8[. LLC. a [}e|8vv@[8 limited liability oVrnpgny c/o Franklin B.Mandel 2BOWest End Avenue, Suite 1C New York, NY1OD23 City of Bakersfield - Public Works Department Attn: MaOpPeotS.B8h| 1OOOTruxtUnAvenue Bakersfield, California 83301 RE: Amendment ofConsolidated Maintenance District /C01D\4-G9 for Parcel We, the undersiQned, as owners of the property included within Parcel Merger No. 21-0134 (YOD E. California Avenue) hereby request that the existing CK8[} 4-69 be amended to include ATN: 016-500'01-00-3 and 016-500-02-00-6. This request is in accordance with the requirements of Bakersfield K8UniCip@| Code Section 13.04.021. If requested, our engineer will supply you with 8 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 CMO 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. VVefurther understand that the hearing isscheduled for . 20at 5:15 in the Council Chambers |OC@bed at 1501 TrUxtUn Ave., Bahersfie|d, CA 93301 VV8hereby waive our right tofurther notice ofthat hearing. Respectfully, FM Baker. LUC. a California limited I co 4c" ef I t President YBBBaher' LLC. a[)e|avvape Limited liability company H@nO|d Kaufman Manager EXHIBIT F Inclusion of a Subdivision into the Consolidated Maintenance District FM Baker, LLC, a California limited liability company YBG Baker, LLC, a Delaware limited liability company c/o Franklin B. Mandel 290 West End Avenue, Suite 1 C New York, NY 10023 City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Amendment of Consolidated Maintenance District (CMD) 4-69 for Parcel Merger No. 21-0134 (100 E. California Avenue /ATN: 016-500-03-00-9) We, the undersigned, as owners of the property included within Parcel Merger No. 21-0134 (100 E. California Avenue) hereby request that the existing CMD 4-69 be amended to include ATN: 016-500-01-00-3 and 016-500-02-00-6. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. 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, FM Baker, LLC, a California limited liability company Elliot L. Shelton President YBG Baker, LLC, apelaware Limited liability co parw- Harold K Manager EXHIBIT F %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Resolutions f. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: 2/15/2022 WARD: SUBJECT: Section 115 Trust for Pension and Other Post -Employment Benefits 1. Resolution approving the adoption of a Post -Employment Benefits Trust (Pension/OPEB) and related investment guidelines. 2. Agreement with Public Agency Retirement Services (PARS) to manage the Section 115 Combination Trust. STAFF RECOMMENDATION: Staff recommends adoption of resolution and approval of agreement. BACKGROUND: The Governmental Accounting Standards Board (GASB) issued Statements number 74 and 75 in June 2015 respectively. These GASB Statements replaced statements number 43 & 45 and updated the reporting requirements for all governmental agencies that provide Other Post - Employment Benefits (OPEB) such as the City's Retiree Medical Subsidy Program. The GASB Statements require the measurement and reporting of the benefits that have been earned compared to the amount of funds that have been set aside to pay for the future cash obligations. The GASB Statements also require that any cash set aside to fund the future obligations (and thus reduce any unfunded liability) be placed in an irrevocable trust fund to guarantee that the monies can only be used for the purpose intended, which is to make future payments related to the Retiree Medical Subsidy program. In 2007 the City selected PARS to join and administer their I nternal Revenue Code Section 115 Irrevocable Trust Account in an effort to comply with these accounting standards. Since it's inception, this trust has accumulated annual actuarial determined contributions and related investment income resulting in a balance, as of December 31, 2021, of $95 million. Based on the most recent actuarial report, the OPEB liability is just over $116 million, which means that the plan is over 75% funded in comparison to being just over 4% funded when the Section 115 Trust was established. The success of the Retiree Medical Trust (OPEB) has prompted City staff to examine the possibility that a similar Section 115 trust account could be used to address the unfunded liability related to the City's pension plan. The current combined unfunded liability as reported by the most recent actuarial report from CaIPERS is over $503 million with a current funded percentage of 66%. A separate irrevocable trust account called the Pension Rate Stabilization Program, could be used to both address the current unfunded liability and also adds budgetary flexibility. This flexibility allows the City to draw from accumulated trust funds to offset pension expenses if required pension contributions spike unexpectedly or if serious budgetary shortfalls occur in subsequent years. Investment options also add flexibility where the City will have complete local control over assets, including contributions, disbursements and the timing, amount, and risk tolerance level of investments. The only restriction is these monies must be used for pension related expenses. City staff is pleased with the service and administration of the current OPEB Trust by PARS over the past fifteen years. The PARS Post -Employment Benefit Combination Trust (OPEB/Pension) carries with it a Private Letter Ruling from the Internal Revenue Service and they offer a variety of investment plan options. In addition, there is a cost saving for investment management and trust fees as both distinct Section 115 trust accounts would have their value "combined" thereby reducing costs by 13.5 basis points. The fee schedule has a tier structure based on the current portfolio balance we estimate that annual administration costs will be in the range of $123,000 per year. The associated Resolution approves an Adoption Agreement for the formation of the Plan and Trust for the City so that deposits into the Fund can begin and approves the updated investment guidelines for the Trust. In addition, the Adoption Agreement designates the City Manager (or his designee) as the Plan Administrator. ATTACHMENTS: Description Type Coirrnlhaliirrlaa lioirn "'tirUSt IR solkjitlioirn Resolution FReso Ii:::::'.xlrnlilblitA i:::::'xtnlilNt F3ARS Ac.Pra;;einie.,irnt Agin,eirmnei nt RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) WHEREAS, the City of Bakersfield (the "City") is currently participating in the Public Agencies Post -Retirement Health Care Plan Trust for the pre -funding of its retiree health benefits and other postemployment benefits other than pension benefits ("OPEB"); and WHEREAS, the City desires to set aside funds for the purpose of pre -funding its CalPERS pension obligation that will be held in trust for the exclusive purpose of making future contributions of the City's required pension contributions and any employer contributions in excess of such required contributions at the discretion of the City; and WHEREAS, PARS has made available the Public Agencies Post -Employment Benefits Trust (the "Program") for the purpose of pre -funding both pension obligations and/or OPEB obligations as specified in the City's plans, policies and/or applicable collective bargaining agreements; and WHEREAS, the City is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, the City can manage the pre -funding of its pension and OPEB obligations in a single trust under this Program, thereby gaining administrative and cost efficiencies, and WHEREAS, the City's adoption and operation of the Program has no effect on any current or former employee's entitlement to post -employment benefits; and WHEREAS, the terms and conditions of post -employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and - Page 1 of 3 Pages - WHEREAS, the City's funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program; and WHEREAS, the City adopted Resolution No. 008-07 on January 17, 2007 adopting the PARS trust agreement, the Post -Retirement Health Care Master Plan document, and the Investment Guidelines for the trust assets; and WHEREAS, the City desires approval of a new Investment Guidelines Document to expand the investment opportunities available to maximize investment returns in the trust while still maintaining a moderately conservative approach. The change will provide more fixed income (debt security) options and a more active management approach as opposed to index -based options. 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 incorporated by reference herein. 2. The City Council hereby adopts the Public Agencies Post - Employment Benefits Trust, effective April 27, 2021. 3. The City Council hereby approves the updated Investment Guidelines Document for assets held in the Trust. 4. The City Council hereby appoints the City Manager, or his/her successor or his/her designee as the City's Plan Administrator for the Program. 5. The City's Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City's Program. b. The City Council, in accordance with Section 3.3 of the Public Agencies Post -Retirement Health Care Plan Trust adopted effective January 17, 2007, hereby authorizes the withdrawal from said trust and directs the transfer of City assets held in said trust to the OPEB Account established in the name of the City under the Public Agencies Post -Employment Benefits Trust, adopted herewith. - Page 2 of 3 Pages - ---------- 000 ---------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: Y ES: NOES: ABSTAIN ABSENT: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney Attachments: Exhibit A JHR/ag S:\Accounting\Admin\Admin Reports\PARS Combo Trust Reso.docx - Page 3 of 3 Pages - EXHIBIT A o CAPITAL MANAGEMENT Investment Guidelines Document City of Bakersfield Employee Benefits Fund Pension Plan February 2022 Investment Guidelines Document Scope and Purpose The purpose of this Investment Guidelines Document is to: • Facilitate the process of ongoing communication between the Plan Sponsor and its plan fiduciaries; • Confirm the Plan's investment goals and objectives and management policies applicable to the investment portfolio identified below and obtained from the Plan Sponsor; • Provide a framework to construct a well -diversified asset mix that can potentially be expected to meet the account's short- and long-term needs that is consistent with the account's investment objectives, liquidity considerations and risk tolerance; • Identify any unique considerations that may restrict or limit the investment discretion of its designated investment managers; • Help maintain a long-term perspective when market volatility is caused by short-term market movements. Key Plan Sponsor Account Information as of February 2022 Plan Sponsor: City of Bakersfield Governance: The City Council for the City of Bakersfield Plan Name ("Plan'): City of Bakersfield Post -Retirement Health Care Plan Trustee: US Bank Contact: Susan Hughes, 949-224-7209 Susan. Hughesausbank.com Investment Manager: US Bank, as discretionary trustee, has delegated investment management responsibilities to HighMark Capital Management, Inc. ("Investment Manager"), an SEC -registered investment adviser Contact: Andrew Brown, CFA, 415-705-7605 Andrew. brown(a-)highmarkcapital.com City of Bakersfield Employee Benefits Pension Plan Investment Guidelines Document — HighMark Capital Management, Inc. (v. 2/22/2022 -ARB) i! Ia] A21 Investment Authority: Except as otherwise noted, the Trustee, US Bank, has delegated investment authority to HighMark Capital Management, an SEC -registered investment adviser. Investment Manager has full investment discretion over the managed assets in the account. Investment Manager is authorized to purchase, sell, exchange, invest, reinvest and manage the designated assets held in the account, all in accordance with account's investment objectives, without prior approval or subsequent approval of any other party(ies). Investment Objectives and Constraints The goal of the Plan's investment program is to generate adequate long-term returns that, when combined with contributions, will result in sufficient assets to pay the present and future obligations of the Plan. The following objectives are intended to assist in achieving this goal: • The Plan should seek to earn a return in excess of its policy benchmark over the life of the Plan. • The Plan's assets will be managed on a total return basis which takes into consideration both investment income and capital appreciation. While the Plan Sponsor recognizes the importance of preservation of capital, it also adheres to the principle that varying degrees of investment risk are generally rewarded with compensating returns. To achieve these objectives, the Plan Sponsor allocates its assets (asset allocation) with a strategic perspective of the capital markets. Investment Time Horizon: Long-term Anticipated Cash Flows: Assets in the Plan will seek to mitigate the impact of future rate increases from CaIPERS. Typically increases in rates come with a one-year advance warning, however this Plan may transfer assets to CalPERS at any time. Investment Objective: The primary objective is to maximize total Plan return, subject to the risk and quality constraints set forth herein. The investment objective the Plan Sponsor has selected is the Moderately Conservative Objective, which seeks to provide current income and moderate capital appreciation. The major portion of the assets are committed to fixed income securities. Market fluctuations should be expected. Risk Tolerance: Moderately Conservative The account's risk tolerance has been rated moderately conservative, which demonstrates that the account can accept modest price fluctuations to pursue its investment objectives. City of Bakersfield Employee Benefits Pension Plan Investment Guidelines Document — HighMark Capital Management, Inc. (v. 2/22/2022 -ARB) 3 DRAFT Strategic Asset Allocation: The asset allocation ranges for this objective are listed below: Strategic Asset Allocation Ranges Cash Fixed Income Equity 0-20% 50%-80% 20%-40% Policy: 5% Policy: 65% Policy: 30% Market conditions may cause the account's asset allocation to vary from the stated range from time to time. The Investment Manager will rebalance the portfolio no less than quarterly and/or when the actual weighting differs substantially from the strategic range, if appropriate and consistent with your objectives. Security Guidelines: Equities With the exception of limitations and constraints described above, Investment Manager may allocate assets of the equity portion of the account among various market capitalizations (large, mid, small) and investment styles (value, growth). Further, Investment Manager may allocate assets among domestic, international developed and emerging market equity securities. Total Equities 20%-40% Equity Style Range Domestic Large Cap Equity 10%-30% Domestic Mid Cap Equity 0%-10% Domestic Small Cap Equity 0%-12% International Equity (incl. Emerging Markets) 0%-12% Real Estate Investment Trust (REIT) 0%-8% Fixed Income In the fixed income portion of the account, Investment Manager may allocate assets among various sectors and industries, as well as varying maturities and credit quality that are consistent with the overall goals and objectives of the portfolio. Total Fixed Income 1 50% - 80% Eligible Investments • Debt obligations of the U.S. Government, its agencies, and Government Sponsored Enterprises • Mortgage -Backed Securities (MBS) • Asset Backed Securities (ABS) • Collateralized Mortgage Obligations (CMO) • Commercial Mortgage -Backed Securities (CMBS) • Corporate debt securities issued by U.S. or foreign entities including, but not limited to, limited partnerships, equipment trust certificates and enhanced equipment trust certificates • Municipal Bonds City of Bakersfield Employee Benefits Pension Plan Investment Guidelines Document — HighMark Capital Management, Inc. DRAFT (v. 2/22/2022 -ARB) 4 • Fixed income mutual funds. • Eligible instruments issued pursuant to SEC Rule 144a (only if the Client is a documented Qualified Institutional Buyer; QIB) Quality The portfolio will maintain a minimum weighted average effective credit quality of A- at all times. Individual securities shall have a minimum effective credit quality of BBB-. Note, high yield fixed income can be purchased only in a diversified mutual fund or exchange traded fund. For purposes of determining an effective rating, when three agencies rate a security (S&P, Moodys, Fitch) the middle rating will be used. When only two of the three agencies rate a security the lower of the two ratings will be used. When only one agency rates a security that rating will be used. Duration The manager will maintain the portfolio duration of the individual securities segment within +/- 25% of the benchmark duration of the Bloomberg U.S. Aggregate Bond at all times. Diversification • No more than 5% of the portfolio assets may be invested in any individual issuer, with the exception of securities issued or guaranteed by the U.S. Government, its agencies, and Government Sponsored Enterprises. Such investment restrictions shall not apply to pooled investment vehicles including, but not limited to, mutual funds and ETFs. Performance Benchmarks: The performance of the total Plan shall be measured over a three and five-year periods. These periods are considered sufficient to accommodate the market cycles experienced with investments. The performance shall be compared to the return of the total portfolio blended benchmark shown below. Total Portfolio Blended Benchmark 15.5% S&P500Index 3.00% Russell Mid Cap Index 4.50% Russell 2000 Index 2.00% MSCI Emerging Market Index 4.00% MSCI EAFE Index 1.00% Wilshire REIT Index 49.25% Bloomberg US Aggregate Bond Index 14.00% ML 1-3 Year US Corp/Gov't 1.75% US High Yield Master II 5.00% Citi 1 Mth T-Bill Asset Class/Style Benchmarks Over a market cycle, the long-term objective for each investment strategy is to add value to a market benchmark. The following are the benchmarks used to monitor each investment strategy: Large Cap Equity S&P 500 Index Growth S&P 500 Growth Index City of Bakersfield Employee Benefits Pension Plan Investment Guidelines Document— HighMark Capital Management, Inc. DRAFT (v. 2/22/2022 -ARB) 5 Value Mid Cap Equity Growth Value Small Cap Equity Growth Value REITs International Equity Investment Grade Bonds High Yield S&P 500 Value Index Russell Mid Cap Index Russell Mid Cap Growth Index Russell Mid Cap Value Index Russell 2000 Index Russell 2000 Growth Index Russell 2000 Value Index Wilshire REIT Index MSCI EAFE Index Bloomberg US Aggregate Bond Index US High Yield Master II Security Selection Investment Manager may utilize a full range of investment vehicles when constructing the investment portfolio, including but not limited to individual securities, mutual funds, and exchange - traded funds. In addition, to the extent permissible, Investment Manager is authorized to invest in shares of mutual funds in which the Investment Manager serves as advisor or sub -adviser. Investment Limitations: The following investment transactions are prohibited: • Direct investments in precious metals (precious metals mutual funds and exchange -traded funds are permissible). • Venture Capital • Short sales* • Purchases of Letter Stock, Private Placements, or direct payments • Leveraged Transactions* • Commodities Transactions Puts, calls, straddles, or other option strategies* • Purchases of real estate, with the exception of REITs • Derivatives, with exception of ETFs* *Permissible in diversified mutual funds and exchange -traded funds Duties and Resaonsibilities Responsibilities of Plan Sponsor The Finance Department for the City of Bakersfield is responsible for: ■ Confirming the accuracy of this Investment Guidelines Document, in writing. ■ Advising Trustee and Investment Manager of any change in the plan/account's financial situation, funding status, or cash flows, which could possibly necessitate a change to the account's overall risk tolerance, time horizon or liquidity requirements; and thus would dictate a change to the overall investment objective and goals for the account. ■ Monitoring and supervising all service vendors and investment options, including investment managers. ■ Avoiding prohibited transactions and conflicts of interest. City of Bakersfield Employee Benefits Pension Plan Investment Guidelines Document — HighMark Capital Management, Inc. (v. 2/22/2022 -ARB) 0 DRAFT Responsibilities of Trustee The plan Trustee is responsible for: ■ Valuing the holdings. • Collecting all income and dividends owed to the Plan. • Settling all transactions (buy -sell orders). Responsibilities of Investment Manager The Investment Manager is responsible for: ■ Assisting the Finance Department with the development and maintenance of this Investment Policy Guideline document. ■ Meeting with the Finance Department to review portfolio structure, holdings, and performance. ■ Designing, recommending and implementing an appropriate asset allocation consistent with the investment objectives, time horizon, risk profile, guidelines and constraints outlined in this statement. ■ Researching and monitoring investment advisers and investment vehicles. ■ Purchasing, selling, and reinvesting in securities held in the account. ■ Monitoring the performance of all selected assets. • Voting proxies, if applicable. ■ Recommending changes to any of the above. ■ Periodically reviewing the suitability of the investments, being available to meet with the City at least once each year, and being available at such other times within reason at your request. ■ Preparing and presenting appropriate reports. ■ Informing the City if changes occur in personnel that are responsible for portfolio management or research. Acknowledgement and Acceptance I/We being the Plan Sponsor with responsibility for the account(s) held on behalf of the Plan Sponsor specified below, designate Investment Manager as having the investment discretion and management responsibility indicated in relation to all assets of the Plan or specified Account. If such designation is set forth in the Plan/trust, I/We hereby confirm such designation as Investment Manager. I have read the Investment Guidelines Document, and confirm the accuracy of it, including the terms and conditions under which the assets in this account are to be held, managed, and disposed of by Investment Manager. This Investment Guidelines Document supersedes all previous versions of an Investment Guidelines Document or investment objective instructions that may have been executed for this account. City of Bakersfield Employee Benefits Pension Plan Investment Guidelines Document — HighMark Capital Management, Inc. DRAFT (v. 2/22/2022 -ARB) 7 Date: Plan Sponsor: City of Bakersfield Date: Investment Manager: Andrew Brown, CFA, Senior Portfolio Manager, (415) 705-7605 City of Bakersfield Employee Benefits Pension Plan Investment Guidelines Document— HighMark Capital Management, Inc. DRAFT (v. 2/22/2022 -ARB) 8 DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 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 PHASE II SYSTEMS, a corporation organized and existing under the laws of the State of California, doing business as PUBLIC AGENCY RETIREMENT SERVICES (PARS) ("CONSULTANT" herein). RECITALS WHEREAS, the CITY on April 17, 2013 entered into Agreement No. 13-041 with CONSULTANT for trust administration services for a three year term; and WHEREAS, on April 20, 2016 the Council approved amendment No. 1 with CONSULTANT for an additional three-year term; and WHEREAS, on May 8, 2019 the Council approved amendment No. 2 with CONSULTANT for an additional three-year term; and WHEREAS, the CITY is in need of trust administration services to comply with Governmental Accounting Standards Board (GASB) Statement #75 regarding Other Post -Employment Benefits (OPEB) associated with the City retiree medical health care subsidy program and would like to continue using a quality vendor; and WHEREAS, CONSULTANT represents CONSULTANT is experienced, well qualified, and a specialist in the trust administration and GASB 75 compliance for the CITY's post -retirement health care plan; and WHEREAS, the CITY does not have expertise currently on staff to conduct trust administration for GASB 75 funding; and WHEREAS, the CITY is establishing an distinct Section 115 rate stabilization trust to prefund retirement pension obligation that will also be administered in conjunction with the existing OPEB Trust by CONSULTANT; and WHEREAS, the CITY has adopted the PARS Public Agencies Post - Employment Benefits Trust for the purpose of pre -funding pension obligations and/or Other Post -Employment Benefits ("OPEB") obligations ("Plan") and is desirous of retaining CONSULTANT as Trust Administrator to the Trust, to provide administrative services for three years. CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 1 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 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: services pertaining to the Plan as described in the exhibit attached hereto and incorporated herein as "Exhibit A" ("Services") in a timely manner, subject to the further provisions of this Agreement. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement as described in the exhibit attached hereto and incorporated herein as "Exhibit B" to the satisfaction of the CITY, of those items described in CONSULTANT's proposal. 2.1 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 described in Exhibit A, which payment will be remitted directly from Plan assets unless the CITY chooses to make payment directly to CONSULTANT. In the event CITY chooses to make payment directly to CONSULTANT, 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. 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. 5. INFORMATION FURNISHED TO CONSULTANT. CONSULTANT will provide the Services contingent upon the CITY providing CONSULTANT the information specified in the exhibit attached hereto and incorporated herein as "Exhibit C" ("Data"). It shall be the responsibility of the CITY to certify the accuracy, content, and completeness of the Data so that CONSULTANT may rely on such information without further audit. It shall further be the responsibility of the CITY to deliver the Data to CONSULTANT in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit A, CONSULTANT shall be under no duty to question Data received from the CITY, to compute contributions made to the Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law. In addition, CONSULTANT shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 2 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 results from erroneous and/or late delivery of Data from the CITY. In the event that the CITY fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit C, CONSULTANT reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the CITY. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. FORCE MAJEURE. When a party's nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 3 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to: any incidence of fire, flood, acts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party's performance under the Agreement. 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: PUBLIC AGENCY RETIREMENT SERVICES Daniel Johnson, President 4350 Von Karman Avenue - Suite 100 Newport Beach, CA 92660 16. ASSIGNMENT. Neither this Agreement, nor any interest in it, maybe assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 17. 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. CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 4 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 18. 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. 19. 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. 20. 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. 21. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 22. 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. 23. 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. 24. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on June 30, 2025. 25. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of CONSULTANT under this Agreement, CITY may terminate this Agreement on thirty (30) days written notice. Written notice shall be given pursuant to the "Notices" paragraph of this Agreement. In the event of early termination, CONSULTANT shall be compensated only for work satisfactorily completed up to the date of termination and delivered to and accepted by CITY. 26. 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 CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 5 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 27. 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. 28. DIRECTION. CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 29. EQUIPMENT. CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 30. 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): 30.1 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 30.2 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: 30.2.1 Provide coverage for owned, non -owned and hired autos. 30.3 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: 30.3.1 Provide contractual liability coverage. 30.3.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, employees and volunteers. CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 6 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 30.3.3 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. 30.4 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, employees and volunteers. 30.5 Except for professional liability, all policies required of the CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, employees or designated volunteers, and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, employees and designated volunteers shall be excess of the CONSULTANT's insurance and shall not contribute with it. 30.6 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 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. 30.7 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, except for a ten (10) days' notice of cancellation for non-payment of premium. 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. 30.8 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. CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 7 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 30.9 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. 30.10 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. 30.11 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. 30.12 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. 31. 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. 32. INDEMNITY. Neither party shall be liable to the other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury to or death of persons arising solely from any act or omission of the other party's officers, agent, or employees. CITY and CONSULTANT agree to indemnify and hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through or by its s officers or employees) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage. The party against whom any claim arising from any subject matter of this agreement is filed shall give prompt notice of the filing of the claim to the other party. 33. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 8 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. is: 34. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY Randy McKeegan, Finance Director CITY OF BAKERSFIELD 1600 Truxtun Avenue Bakersfield, California 93301 Telephone (661) 326-3030 CONSULTANT's Project Manager shall be: Mitch Barker, Executive Vice President PUBLIC AGENCY RETIREMENT SERVICES 4350 Von Karman - Suite 100 Newport Beach, CA 92660 Telephone (800) 540-6369 34.1 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. 35. 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. 36. TAX NUMBERS. CONSULTANT's Federal Tax ID Number 33-0542454 CONSULTANT is a corporation? Yes X No (please check one) CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 9 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 37. NON -INTEREST. No officer or employee of CITY shall hold any interest in this Agreement (California Government Code section 1090). 38. 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. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney II DS .6 Insurance: "CONSULTANT" PUBLIC AGENCY RETIREMENT SERVICES 5�, ocuSigned by: By: l�aw�w�t,V'aS TOD HAMMERAS Chief Financial Officer Additional Signatures on Following Page CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 10 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 APPROVED AS TO CONTENT: FINANCE DEPARTMENT By:EDocuSigned by: ao�G�t c TERA LOVELESS-ORTIZ Assistant Finance Director COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachments: Certificates of Insurance Attachment: Exhibit "A" Exhibit "B" Exhibit "C" CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 11 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 EXHIBIT A SERVICES CONSULTANT will provide the following services for the City of Bakersfield Public Agencies Post -Employment Benefits Trust: 1. Plan Installation Services: (A) Meeting with appropriate CITY personnel to discuss plan provisions, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/distributions; (B) Providing the necessary analysis and advisory services to finalize these elements of the Plan; (C) Providing the documentation needed to establish the Plan to be reviewed and approved by CITY legal counsel. Resulting final Plan documentation must be approved by the CITY prior to the commencement of CONSULTANT Plan Administration Services outlined in Exhibit A, paragraph 2 below. 2. Plan Administration Services: (A) Monitoring the receipt of Plan contributions made by the CITY to the trustee of the PARS Public Agencies Post -Employment Benefits Trust ("Trustee"), based upon information received from the CITY and the Trustee; (B) Performing periodic accounting of Plan assets, reimbursements/distributions, and investment activity, based upon information received from the CITY and/or Trustee; (C)Coordinating the processing of distribution payments pursuant to authorized direction by the CITY, and the provisions of the Plan, and, to the extent possible, based upon CITY -provided Data; (D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement; (E) Preparing and submitting a monthly report of Plan activity to the CITY, unless directed by the CITY otherwise; (F) Preparing and submitting an annual report of Plan activity to the CITY; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the applicable GASB pronouncements and/or statements, if prefunding OPEB obligations; (H) Coordinating periodic audits of the Trust; (1) Monitoring Plan and Trust compliance with federal and state laws. CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 12 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 3. CONSULTANT is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice. EXHIBIT B FEES FOR SERVICES CONSULTANT will be compensated for performance of Services, as described in Exhibit A based upon the following schedule: An annual asset fee shall be paid from Plan assets based on the following schedule: For Plan Assets from: Annual Rate: $1 to $5,000,000 0.225% $5,000,001 to $10,000,000 0.225% $10,000,001 to $15,000,000 0.180% $15,000,001 to $50,000,000 0.135% $50,000,001 and above 0.090% Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included. CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 13 of 14 Pages -- DocuSign Envelope ID: 85363742-9318-4703-AACF-60F7EBEE1A88 EXHIBIT C DATA REQUIREMENTS CONSULTANT will provide the Services under this Agreement contingent upon receiving the following information: 1. Executed Legal Documents: (A) Certified Resolution (B) Adoption Agreement to the Public Agencies Post -Employment Benefits Trust (C) Trustee Investment Forms 2. Contribution - completed Contribution Transmittal Form signed by the Plan Administrator (or authorized Designee) which contains the following information: (A) CITY name (B) Contribution amount (C) Contribution date (D) Contribution method (Check, ACH, Wire) 3. Distribution - completed Payment Reimbursement/Distribution Form signed by the Plan Administrator (or authorized Designee) which contains the following information: (A) CITY name (B) Payment reimbursement/distribution amount (C) Applicable statement date (D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment (E) Signed certification of reimbursement/distribution from the Plan Administrator (or authorized Designee) 4. Other information pertinent to the Services as reasonably requested by CONSULTANT and Actuarial Provider. CONSULTANT'S AGREEMENT C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$7e30f3d22422$474D76371 C2F42588CE1481 C164D27DB.docx -- Page 14 of 14 Pages -- %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent —Agreements g. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 1 /25/2022 WARD: Ward 3 SUBJECT: Final Map and Improvement Agreement with LGI Homes —California, LLC(Developer) for Tract 6383, Phase 3 located south of Morningstar Drive and east of Morning Drive. STAFF RECOMMENDATION: Staff recommends approval of the Final Map and Improvement Agreement. 1_TS]:Cr]:10111Ll 193 Per Bakersfield Municipal Code Chapter 16, "Subdivisions," Tentative Tract Map 6383 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, LGI Homes — California, LLC, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded. The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer's responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval. ATTACHMENTS: Description Type bract 6383 IPlrn� s(.,, 3... Ilia:Ipirovee irnei tAgreeirneirnt Agirooir:neirnt D Firact 6383 Phase ',3 lF::iirnal Ilma�p 1.3ackulp IMaterial Firact 6383 IF1 h e '' Vicinity IMap Backup Material IMPROVEMENT AGREEMENT NO. FOR Tract 6383 Phase 3 THIS IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective as of (the "Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("City") and LGI Homes - California, LLC, a California Limited Liability Company authorized to do business in California ("Developer"). RECITALS WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 6383 Phase 3 (the "Project"), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map Act"), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal Code ("BMC")) ("Ordinance"); WHEREAS, City's Planning Commission, an advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions; and WHEREAS, Developer has submitted its final map to City for approval in accordance with the Map Act and the Ordinance and desires to enter into this Agreement with City to complete the required improvement work in the Project within the time and in the manner provided herein. AGREEMENT Incorporating herein the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as "Improvements") required by BMC Sections 16.32.060 or Section 16.32.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on September 01, 2005, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are IMPROVEMENT AGREEMENT-2 Party GAGROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docx Page 1 of 14 Updated -September 11, 2017 on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. 2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following: 2.1. Title 16 of the BMC; 2.2. The Map Act; 2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also refers to City Engineer's designee); 2.4. Adopted City standards; and 2.5. Good engineering practices and workmanlike manner. All Improvements will be subject to inspection by City Engineer and must be completed to City's satisfaction before the Improvements will be accepted by City. 3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the time for completion. 4. RECORDING OF NOTICE OF COMPLETION; ISSUANCE OF CERTIFICATES OF OCCUPANCY; FINAL INSPECTIONS, 4.1. When Developer notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements. 4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer's satisfaction, City Engineer will accept the Improvements. 4.3. After the Improvements are accepted by City Engineer, City will record a notice of completion (the "NOC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated IMPROVEMENT AGREEMENT- 2 Party G;\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docx Page 2 of 14 Updated - September 11, 2017 herein by this reference. 4.4. City Building Director will not conduct a final inspection or issue any certificates of occupancy to Developer for any lot within the phase, covered by this Agreement (the "Covered Phase") until City records the NOC. 5. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC. Upon City's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NOC is recorded. 6. IMPROVEMENT SECURITY. 6.1. Required Security. Developer must provide acceptable security (the "Security") as detailed in Exhibit B, which is incorporated herein by reference, for the following obligations: 6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements; 6.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040; and 6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above. 6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of Security is acceptable: 6.2.1. A bond or bonds by one or more duly authorized corporate 1 For tracts that have no phases, the term "Covered Phase" refers to the Project. IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docx Page 3 of 14 Updated - September 11, 2017 sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute; 6.2.2. Cash deposited with City; or 6.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City. 6.3 Developer's Obligation to Maintain Security. It is Developer's sole responsibility to maintain the Security as follows: 6.3.1 Developer must provide City with the original Security documentation for all required Security as outlined in Exhibit B. Copies of the Security documents provided by Developer are attached to this Agreement as Exhibit D. 6.3.2 Developer must ensure that all Security is current and that there is no gap in Security coverage. At least sixty days before any Security required by this Agreement expires or otherwise becomes invalid, Developer must fake steps to keep the Security current or provide new Security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. 6.3.3 Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of Security and identify the local representative and corporate headquarters of the company providing the Security ("Contact Information"). It is Developer's responsibility to ensure that City is provided with updates to any of the Contact Information. 6.4 Release of Security. The Security will be released as described in Exhibit B. 7. DEFAULT; REMEDIES. IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docx Page 4 of 14 Updated - September 11, 2017 7.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist: 7.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein; 7.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement; 7.1.3. Developer has abandoned any of the work on the Improvements; 7.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; 7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt; 7.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or 7.1.7. Developer or owner of the Project transfers ownership of the Project. 7.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity: 7.2.1. Demand that any available surety pay for the completion of the Improvements; 7.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payment of the secured funds; 7.2.3. Provide the necessary supervision, equipment, materials, and IMPROVEMENT AGREEMENT - 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docx Page 5 of 14 Updated -September 11, 2017 labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof; 7.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities; 7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase; 7.2.6. Withhold the issuance of building permits in subsequent phases until all Improvements in the Covered Phase are completed and approved by City Engineer; and 7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion. Right of Entry. If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety's designated representatives for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way. IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docz Page 6 of 14 Updated -September 11, 2017 8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement. 9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of this Agreement. 10. INDEMNITY. 10.1 Developer will indemnify, defend, and hold harmless City and its Council, 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 orjudicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct. 10.2 Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and must satisfy any resulting judgment that may be rendered against any of them. IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docx Page 7 Of 14 Updated - September 11, 2017 10.3 Developer's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety. 11. INSURANCE. 11.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 11.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 11.1.2. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 11.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 11.1.2.2. Provide unlimited products and completed operations coverage; 11.1.2.3. Provide premises, operations, and mobile equipment coverage; and 11.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3IMP AGR.Docx Page 8 of 14 Updated -September 11, 2017 11.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Developer is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.2. General Provisions Applying to All Insurance Types. 11.2.1. All policies required of Developer must be written on a first - dollar coverage basis, or contain a deductible provision. Subject to City's advance approval, Developer may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 11.2.2. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's insurance and must not contribute with it. 11.2.3. The insurance required above, except for workers' IMPROVEMENT AGREEMENT- 2 Party GAGROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docx Page 9 of 14 Updated -September 11, 2017 compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by City in writing. 11.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by City's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 11.2.5. Full compensation for all premiums which the Developer is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 11.2.6. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement. 11.2.7. Unless otherwise approved by City, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for Developer, and all subcontractors must agree in writing to be bound by the provisions of this section. 12. MISCELLANEOUS. 12.1. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California. 12.2. Notices. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docx Page 10 of 14 Updated - September 11, 2017 mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice: City: CITY OF BAKERSFIELD Public Works Department Attention: Subdivisions 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3724 Developer: LGI Homes - California, LLC 495 E. Rincon St., Suite 101 Corona, CA 92879 Telephone: (760) 296-7225 Email: adrian.peters@lgihomes.com Surety: Mountain One Insurance Agency, Inc. Attn: Grace J. Gray 85 Main St., Suite 100 North Adams, MA 01247 Telephone: (413) 663-2278 Email: grace.gray@mountainone.com CA Dept. of Insurance No.: 4110922 Local Contact: Grace Gray Local Telephone: (413) 663-2278 12.3. 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 will be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 12.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement IMPROVEMENT AGREEMENT - 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3IMP AGR.Docx Page 11 of 14 Updated -September 11, 2017 and their heirs, administrators, executors, personal representatives, successors, and assigns. 12.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 12.6. 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. 12.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed as forming a partnership or any other association with Developer other than that of an independent contractor. 12.8. Agreement Mutually Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. California Civil Code Section 1654 does not apply to the interpretation of this Agreement. 12.9. Exhibits. If there is 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 will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12.10. Tax Numbers. IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3IMP AGR.Docx Page 12 of 14 Updated - September 11, 2017 Developer's Federal Tax Identification No. 46-3088013. Developer is a corporation? Yes ❑ No Z (Please check one.) 12.11. Non -Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090). 12.12. Further Assurances. Each party will execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. [remainder of page intentionally left blank] IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2021 PW Agreement\TR 6383-3 IMP AGR.Docx Page 13 of 14 Updated -September 11, 2017 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY CITY OF BAKERSFIELD E KAREN GOH Mayor APPROVED as to form: VIRGINIA GENNARO City Attorney M. LGI Homes - California, LLC 6 • Print Narne: A1-17-111r-11�x Title: 1.2 Print Norne: VIRIDIANA GALLARDO-KING Title: Deputy City Attorney 11 Insurance/Surety: APPROVED as to content: PUBLIC WORKS DEPARTMENT M GREGG R. STRAKALUSE Public Works Director COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachments: Exhibit A - Checklist for Notice of Completion Exhibit B - Required Security Exhibit C - Engineer's Estimate Exhibit D - Security Exhibit E - Insurance IMPROVEMENT AGREEMENT - 2 Party G:\GR0UPDAT\AGREEMENTS\2021 PW Agreernent\TR 6383 3 IMP AGR.Doc,x Page 14 of 14 Updated - September 11, 2017 ACKNOWLEDGMENT . . ...-- .............. ------ ....... A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document..__.__._._....._..._....---...__ . . . .. .. . ...... - .. .......... ...... . .. . . — - ------...... .. ........... State of California County of Riverside 0 r] 12022 before me, C. Hope b! I c, N1 rri n V (insert name and title of the officer) personally appeared F-11%all"I Ir) PeieAe`rl who proved to me on the basis of satisfactory evidence to be thrsoro whose namWs/are subscribed to the within instrument and acknowledged to me that/she/they�executed the same in ill /her/their authorized capacity(i/s), and that by& /her/their signature on the instrument the 61rson�s), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C. HORS WITNESS my hand and official seal. 000kp' ' I c" I" TO')')p7 COMM. #2271915:, NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My (:orm. Expires Jan, 14, 2023 Signature (Seal) Checklist for Notice of Completion a PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD SUBDIVISIONS CHECKLIST FOR NOTICE OF COMPLETION Project No. Phase No. GENERAL INSTRUCTIONS Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securities. Processing of a Notice of Completion cannot proceed until Subdivisions has received direct confirmation from the Construction Division that the punch list items are complete. OK NA Checklist Item Cit 's punch list, completed and signed off by Construction Inspector. Monument elevation map provided to the City. Record drawings of the required improvements, signed by the Engineer of Record, along with an electronic copy Utility composite plan, including street light electrical service points. Warranty security as required shall be posted "As -graded" plans, signed by the Engineer of Record, along with an electronic copy Letter from engineer of record certifying that monuments have been set and that the engineer has been paid for setting the monuments. Maintenance letter from Recreation and Parks Sumpacce tance by the Water Department if required) Geotechnical letter confirming sump construction per Grading Plan and/or Drainage Stud if required) Other items required by tract conditions: EXHIBIT A FOR PRIVATE TRACTS ADD THE FOLLOWING ITEMS: nK NA Checklist item Provide certification to the City Engineer that, except as otherwise provided, the private improvements have been constructed to City standards, ordinances, and policies, all in accordance with approved tans. This shall be stamped and signed by the Engineer of Record. Submit to the City Engineer copies of the sewer video, forms, and the inspection to Provide written verification from the Fire Department that all gates, locks, and keys have been installed or provided to their satisfaction EXHIBIT A EXHIBIT B Required Security Required Security TYPE OF Labor & Materials/ Warranty/ SECURITY Performance Payment Maintenance WHEN When Developer submits executed Agreement When Developer Before City records REQUIRED and final map to City for approval submits executed the NOC of the Agreement and final Improvements map to City for approval AMOUNT OF 100% of the total estimated cost of the 50% of the total 10% of the total SECURITY Improvements as reflected in the Engineer's estimated cost of the estimated cost of Estimate attached hereto as Exhibit C and Improvements as the Improvements incorporated herein by reference ("Engineer's reflected in the as reflected in the Estimate") attached Engineer's attached Engineer's Estimate Estimate DATE OF Within 30 days after City records a NOC of the 90 days after City 18 months after RELEASE/ Improvements; but, if City discovers that records a NOC of the recordation of the REDUCTION Developer performed defective work or labor or Improvements unless NOC of the furnished defective materials in completing the City receives written Improvements Improvements or Developer damages the notice that an action Improvements after City records the NOC, the or stop notice has Security will be released only after Developer been filed related to has repaired or replaced the defective or the construction of damaged Improvements to City's satisfaction. the Improvements, in which case the When submitted to City, the Performance Security, at Security, on its face, must be effective for no Developer's request, fewer than 18 months after the Effective Date of may be reduced to this Agreement and subject to the requirements an amount not less of this section. City may, in its sole discretion, than the total of all authorize a reduction of the face value of the claims on which an Performance Security, if requested by action or stop notice Developer, once the Improvements are has been filed sufficiently completed to make them operational and usable as a public improvement. If the reduction is authorized, City will use the Engineer's Estimate to determine the amount of the reduction based on the portion of the Improvements completed; but, in no case, will City authorize a reduction of the face value of the Security below 50% of the originally required amount. EXHIBIT B Engineer's Estimate SAN JOAQUIN ENGINEERING, INC. Civil Engineering/ Land Development Services r *ssnoAuxMAmxoxm,srs.nw226aAucesyzxmasco.o^ / pxoweTxx:ow-3s6-0ur,xEMAIL uoxWuowaa Sosz/wcwpz BONDING ENGINEER'S ESTIMATE TR,6383-3 NGU HOMES Doba 12d/2021 No. of Lots: 31 Job No: LG| Homeo Acreage: 9.02 Prepared By: tbd Item No. Item Description Qty Unit Unit $ Item $ TOTALS Sewer Improvements 2. 6"Sewer Line 1.233 If $50.00 $61.650 3. 4''Sewer Line 1.054 If $30.00 $31.620 4. Standard Manhole G ea $2.600.00 $13.000 5. GhandsrdQeanout 1 ea $650.00 $650 5. Tie in to existing 3 ea $5.000.00 Subtotal $135,725 Street Improvements S. (Louo|a)A.C. Paving &AG. Base 58.702 nJ 0.2'A.C.Paving 861 tons 100.00 $85.100 D�8'CL2AG. Base 1.739 ydn 70.00 u121.730 Sub'GradeCompmotion 2.174 yds 25.00 $54.350 7. G"Curb &Gutter 3.045 If $25.00 $76.125 8. Sidewalk 10.634 af $6.00 $63.804 S. Driveways 3.069 sf $9.08 $27.621 10. Wheelchair Ramps G ea $2.500.00 $15.000 11. Standard Street Signs S ea $300.00 $1.800 12. Street Lights - Mast Arm SGOOLumen 5 ea $6.000.00 $30.000 13. Monument Encasements 4 ea $750.00 $3.000 14. Cross-Gutt 765 af $8.00 Bonding Sub -Total: $621'140 .54068 Cpnt|ngency(2p%) $124.328 Bonding Total $745'368 Bond Enforcement $15'000 OFC TOTAL $760.368 Performance Bond $760.368.00 Labor & Materials Bond $380.184.00 Warranty Bond $76'036.80 EXHIBIT D Security Bond No: 0808696 City of Bakersfield PERFORMANCE BOND The City ofBakersfield ("City") and ("Principal") have entered into an agreement dated 1 20___("Agreement"),whereby Principal has agreed toinstall and complete certain designated public improvements for the following project: Morningstar Ranch rmo Sewer Street . The Agreement, incorporated herein by this reference, requires Principal to furnish a bond securing Principal's performance of the obligations of the Agreement ("Performance8ond"). Tothat end, Principal and Harco National | ("Surety") are held and firmly bound unto the City inthe penal sum of $ $760,368.00 for the payment ofwhich sum well and truly to be made, we bind ourselves and our heirs, successors, executors, and administrators, jointly and severally, firmly bythese presents. The condition of this obligation is such that if the Principal or the Principal's heirs, executors, administrators, successors, or assigns ("Principal Parties"), in all things, stand to and abide by, and well and truly keep and perform the covenants conditions, and provisions in the Agreement and any alteration thereof mode as therein provided, on Principal Parties' part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and indemnify and save harmless City and Cit/n officers, agents, and employees astherein stipulated, then this obligation will become null and void; otherwise it will be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there will be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications will in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications. Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845. In witness whereof, this instrument has Decambar2D 2021. P Rtt—L I H e Cal" mia, LLC ChadaoK0endian Its: Chief Financial Officer PERFORMANCE BOND Last Revised: December 6, 2013 been duly executed by Principal and Surety on 43y: Grace J. G Its: Attorney -In- act seal POWER OF ATTORNEY Bond# 0808696 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, ocorporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, uohereby constitute and appoint ERIC P. PRATT, GRACE J. GRAY, KATHLEEN M. O'BRIEN, DONNA M. BISHOP, DIANE J. WOJCIK North Adams, MA their true and lawful aftorney(s)-i*factmexecute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or othemwye, and the execution of such instrument(s) in pursuance of these prenents, nxan be as binding upon the said *AmC# NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers attheir principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of Damamuer.uO18 and vythe Board p, Directors ofy4nCONATIONAL INSURANCE COMPANY at ameeting held onthe 1moday ofDecember, 2018. "RESOLVED, that (1) the Chief Executive Dffiu*r, Pneoidont, Executive Vice Pmuident, Senior Vice Pmuidont, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf vfthe Corporation and affix the Corporation's uoa| txeoxn, vonuo, undertomngo, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control ,uumdiano, agents for acceptance of process, and Attorneys -in -fact with authority mexecute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may beaffixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation oothe original signature o,such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect onthough manually affixo4.^ IN WITNESS WHEREOF����|N�R�E(�P��|��ON& FIDELITY INSURANCE WHEREOF, have each executed and attested these presents "",^'" v"� ^"°,» ".~,~^.. ."." ~..~ ~.~ ~,~ ""^".==.�"." ~—..^ ' - Ty STATE OF NEW JERSEY STATE OF ILLINOIS 0 County of Essex County of Cook ca SEAL 1904 JE Kenneth Chapman Executive Vice President, HaomNational Insurance Company and International Fidelity Insurance Company On this mmday of December, 2018 .before me came the individual who executed the preceding instrument, mme personally known, and, being uymeduly sworn, said mamthe therein described and authorized officer mxAnoONATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. I I 10 1 " e A IN TESTIMONY WHEREOF, |have hereunto set my hand affixed my Official Seal, atthe City mNewark, New Jersey the day and year first above written. 0001, 1 Efts, Shirelle A. Outley a Notary Public of New Jersey V CERTIFICATION My Commission Expires April 4, 2023 |. the undersigned officer of HARCONATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that | have compared the foregoing copy o[the Power oxAttorney and affidavit, and the copy cxthe Sections ofthe By -Laws v,said Companies aoset forth in said Power of AUornpy, with the originals on file in the home office of said companies, and thatthe same are correct transcripts thereof, and ofme whole ofthe said origina|o.a.�d that the said Power ufAttorney has not been revoked and innow mfull force and effect. |mTEST !MOwYvv*eRsO+.ihave hereunto set myhand nnthis day, December m3.20m1 E����/B/TD �uornr Irene Martins, Assistant Secretary State of County of ss. On this day of .cobefore mopersonally came to be known, and known mmem»othe individual described inand who executed the foregoing instrument, and acknowledged mmethat maexecuted the same. My commission expires Notary Public _____________________________________________________________ County of oa On this day of .20_ before me personally came to be known to me toboemember ofthe firm of described mand who executed the foregoing instrument, and he thereupon acknowledged mmethat he executed the same asand for the act and deed of said firm. mhcommission expires Notary Public State of Is Countyof —. Im On this day of .202-1� before mupersonally came � ux tom nowmmma � � who being bymvduly sworn, did depose and say that heinthe the ��gi;n c!4�M�whic-h -eCx"e�cutecl the aibnovipi'neJ,ment that he knows the seal of said corporation; the the seal affixed to said instrument insuch corporate oae;mo it was ovaffixed byorder nfthe Board ofDirectors pvsaid corporation, and that mesigned his name thereto bylike order. My commission expires Z' ���������� — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — �aeoaohueo#o State of EXHIBIT Berkshire �oo. County of v On this 20h day of December .om 21 . before mopersonally came � GraceJ Gray mboknown, who, being hymeduly sworn, did depose and say that � he is of HomoNational Insurance Company the corporation described inand which executed the above instrument; that hpknows the corporate seal nvsaid corporation; that the seal affixed mthe within instrument iusuch corporate seal, and that hesigned the said instrument and offi*edthe said seal wox8omey'in-ract byauthority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Public My commission Bond No: 0808896 City of Bakersfield LABOR AND 114TEUAJFLFM The City ofBakersfield ("City") and ("Principal") have entered into an agreement dated ZO___("Aoreement"),whereby Principal has agreed toinstall and complete certain designated public improvements for the following project: Morningstar n cm�w�eoo��aewe non�("Project"). �n ru Improvements The Agreement, incorporated herein by this reference, requires Principal, before entering into the performance ofthe work, tofurnish aMood and sufficient payment bond securing claims to which reference is made in Civil Code sections 9000 through 95G6("Laborand Materials 8ond"). To that end, Principal and HarcoNational Insurance ("Surety"), and their respective heirs, successors, executors, and administrators, jointly and severally, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Civil Code sections 9000 through 9566, in the sum of $38018400 for materials and/or labor, of any kind, furnished for the Project, or for amounts due under the Unemployment Insurance Act with respect tothe work orlabor, and Surety will pay the same in an amount not exceeding the amount set forth above. Should the condition of this bond be fully performed, then this obligation will become null and void; otherwise it shall be and remain infull force and effect. It is hereby expressly stipulated and agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Civil Code sections 90001hnouBh 9566, so as to give a right of action to them or their assigns in any suit brought upon this bond. If suit is brought upon this bond, Surety will pay, in addition tothe face amount thereof, costs and reasonable expenses and fees including reasonable a1torney's fees incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court and to be taxed as costs and to be included in the judgment therein rendered. Surety hereby stipulates and agrees that no change extension of time, alteration or addition to the terms ofthe Agreement ortothe work hobeperformed thereunder ortothe related specifications shall in anywise affect its obligations under this bond, and it does hereby waive notice ofany such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications. Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845. In witness whereof, this instrument has been duly executed by the principal and surety above named, PRIM ILUHr(kes,-/balifornia, LLC By: Charles Mercloan Its: Chief Financial Officer LABOR AND MATERIALS BOND Last Revised: November 20, 2013 seal POWER OF ATTORNEY Bond # 080869* HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, ecorporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint IIIIII111 loll el I North Adams, MA their true and lawful mtorney(s)-in-factmexecute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be an binding upon the said MARCp NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, aofully and amply, mall intents and purposes, aoifthe same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors u,INTERNATIONAL FIDELITY INSURANCE COMPANY atemeeting duly held onthe 13thday of oeoembor.0018 and hythe Board qx Directors ofxARunNATIONAL INSURANCE COMPANY otumeeting held nnthe 13thday mDecember, oo18. "RESOLVED, that (1) the Chief Executive Dffioor, Prem|dent, Executive Vine Preoident, Senior Vice Peoidont, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of o«omey, and to oxonma on behalf of the Corporation and affix the Corporation's seal thmeno, bnnuo, vndortamngn, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or otherwritten obligation inthe nature thereof orrelated thereto, such signature and seals when ooused whether heretofore n,hereafter, being hereby adopted hythe Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect osthough manually offixed.^ IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents ""m/" x1m x"""a n~..~^.. "".= _-_ -_ ~�— ~~^~.~~..~." .~^".^. STATE UFNEW JERSEY STATE OF ILLINOIS C31 SEAt County of Essex County of Cook 1904 JE Kenneth Chapman Executive Vice President, UaomNational Insurance Company and International Fidelity Insurance Company On this 31st day mDecember, 2018 .before me came the individual who executed the preceding instrument, mme personally known, and. being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. '111111j"IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. I , " I I I % 0% CERTIFICATION My Commission Expires April 4, 2023 |. the undersigned officer ofHxRoONATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY gohereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth insaid Power o, Attorney, with the originals on file in the home office of said companies, and that the same are correcttranscripts thereof, and ofmm whole ofthe said niginz|o.and that the said Power ofAttorney has not been revoked and ixnow infull force and effect. |wTESTIMONY wwensDF.|have hereunto set myhand nnthis day, December 20, 2021 Irene Martins, AssistanSecretary � a. State of County of Ss. On this day of .00.before mrpersonally came to be known, and known tomembothe individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the name. My commission expires Notary Public ________________________________________________________ State of County of SS. On this day of .20__before me personally came to be known to me tobeomember nfthe firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires wotary Public__________ Gtatnof County of �— co On this day of .m}2J�, before mepersonally came � muoknown mmn � w� � � who being »ymeduly ownm.did depose and say N�hoiwthe 1 the corporation clescrik�d �iaa-'—which executed the abovLe i—n'sAt'4-mht Fh—at 'he knows the seal of said corporation; the the seal affixed to said instrument msuch corporate seal;thatnwas so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order.. My commission expires 4�: My Notary ID 125660523 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — �u�� State of u�u�acuu/ EXHIBIT Berkshire SS. County ofx On this /om day of December .20 21 . before xepersonally came 3 GraoeJ Gray mbeknown, who, being bymeduly sworn, did depose and say that Ix m HeronNahona| Insurance Company ox heiamuom i 4amo/ the corporation described inand which executed the above instrument; that heknows the corporate seal ufsaid corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Aftorney-in-Fart by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. -WEALTH OF MASSACHUSIETTS Notary Public MMON xxrcommission expires FORM #l3 "''" EXHIBIT E Insurance A� ®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) F1/4/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services, Inc. 16000 N. Dallas Pkwy Suite 850 CONTANAME: Cheri Veltman PHONE FAX • 214-273-3154 A/C No): E-MAIL ADDRESS: Cheri.Veltman@alliant.com INSURERS AFFORDING COVERAGE NAIC# Dallas TX 75248 INSURER A: Consortium 9224 0 License* OC36861 INSURED LGIHOME-01 _Aeqis_Casualtv INSURERS: Lloyd's Syndicate 4711 (Aspen LGI Homes, Inc. 1450 Lake Robbins Dr. #430 INSURERC: Lloyd's Syndicate 1084 Chauce 0 INSURER D : Lloyd's of London 0 The Woodlands TX 77380 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER:495166310 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDrNW LIMITS A X COMMERCIAL GENERAL LIABILITY B0595XR6960021 12/1/2021 12/1/2023 EACH OCCURRENCE $5,000,000 CLAIMS -MADE o OCCUR DAMAGE TO RENTED _PREMISES Ea occurrence $ 0 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 5,000,000 X PRO - POLICY El PRO ] JECT ❑ LOC PRODUCTS -COMP/OP AGG $5,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident _.....___, $ l� HIRED NON -OWNED _ AUTOS ONLY ._.�j AUTOS ONLY I I $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE B0595XR6961021 60595XR6962021 12/1/2021 12/1/2021 12/1/2023 i 12/1/2023 EACH OCCURRENCE $ $SM xs $5M AGGREGATE $ $5M xs $5M DED I I RETENTION S _ Occurrence/Aggregate $ $5M xs $10M WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER ATH- STATUTE ER _ ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT S D Excess Liability B0595XR6963021 12/1/2021 12/1/2023 Occurrence/Aggregate $5M xs $15M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Commercial General Liability Policy includes Additional Insured Endorsement Form CG2010 (10-93) Additional Insured -Owners, Lessees or Contractors -(Form B); Additional Insured -Owners, Lessees or Contractors -Completed Operations Form CG2037 (04-13); Additional Insured -Lessor of Leased Equipment Form CG2028 (04-13); and Additional Insured -Mortgagee, Assignee or Receiver Form CG2018 (04-13). The Commercial General Liability Policy includes Waiver of Transfer of Rights of Recovery Against Others to Us Endorsement Form CG2404 (10-93). Named Insureds Completed to Read: See Attached... City of Bakersfield Public Works Department Attn: Subdivisions 1600 Truxtun Ave. Bakersfield CA 93301 GANULLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT E AGENCY CUSTOMER ID: LGIHOME-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 2 AGENCY Alliant Insurance Services, Inc. NAMED INSURED LGI Homes, Inc. 1450 Lake Robbins Dr. #430 The Woodlands TX 77380 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: KtMAKPKJ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE LGI Crowley Land Partners, LLC LGI Fund III Holdings, LLC LGI Homes - Alabama, LLC LGI Homes - Arizona LLC LGI Homes Blue Hills, LLC LGI Homes - California, LLC LGI Homes - Canyon Crossing, LLC LGI Homes- Colorado, LLC LGI Homes - Decker Oaks, LLC LGI Homes - Deer Creek, LLC LGI Homes - E San Antonio, LLC LGI Homes - Florida, LLC LGI Homes - FW, LLC LGI Homes - Georgia, LLC LGI Homes - Glennwilde, LLC LGI Homes - Krenson Woods, LLC LGI Homes - Lakes of Magnolia LLC LGI Homes- Luckey Ranch, LLC LGI Homes - Mallard Crossing, LLC LGI Homes - Maple Leaf, LLC LGI Homes - Maple Park, LLC LGI Homes - Maryland, LLC LGI Homes - Minnesota, LLC LGI Homes - NC, LLC LGI Homes- Nevada, LLC LGI Homes - New Mexico, LLC LGI Homes - Northpointe, LLC LGI Homes - Oak Hollow Phase 6, LLC LGI Homes - Oak Hollow, LLC LGI Homes - Oklahoma, LLC LGI Homes - Oregon', LLC LGI Homes - Presidential Glen, LLC LGI Homes - Pennsylvania, LLC LGI Homes - Quail Run, LLC LGI Homes - Saltgrass Crossing, LLC LGI Homes - Saltgrass, LLC LGI Homes - San Tan Heights, LLC LGI Homes - SC, LLC LGI Homes - Shale Creek, LLC LGI Homes- Sonterra, LLC LGI Homes - Sterling Lakes Partners, LLC LGI Homes - Stewarts Forest, LLC LGI Homes - Sunrise Meadow, LLC LGI Homes - Tennessee, LLC LGI Homes -Texas, LLC LGI Homes —Virginia, LLC LGI Homes —Washington, LLC LGI Homes - West Meadows, LLC LGI Homes - West Virginia, LLC LGI Homes - Windmill Farms, LLC LGI Homes - Wisconsin, LLC LGI Homes - Woodland Creek, LLC LGI Homes Avondale, LLC LGI Homes AZ Sales, LL LGI Homes Corporate, LLC LGI Homes Group, LLC LGI Homes 11, LLC LGI Homes Realty, LLC LGI Homes Services, LLC LGI Homes, Inc. LGI JV Holdings III, LLC LGI JV Holdings II, LLC LGI JV Holdings IV, LLC LGI JV Holdings, LLC LGI Leasing, LLC LGI Living, LLC LGI Realty — California, Inc. LGI Realty — Minnesota, LLC ACORD 101 (2008101) © 2008 ACORD CORPORATION_ All riehtc rPCPrved The ACORD name and logo are registered marks of ACORD EXHIBIT E AGENCY CUSTOMER ID: LGIHOME-01 LOC #: A O ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Alliant Insurance Services, Inc. NAMED INSURED LGI Homes, Inc. 1450 Lake Robbins Dr. #430 The Woodlands TX 77380 POLICY NUMBER CARRIER TAIC CODE EFFECTIVE DATE: AUU► I IUNAL THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE LGI Realty - NC, LLC LGI Realty Oklahoma, LLC LGI Realty - Washington, LLC LGI Realty - West Virginia, LLC Luckey Ranch Partners, LLC Riverchase Estates Partners, LLC — Morningstar Ranch Tract6383 ACORD 101 t2nnwni1 Cc) 200R ACORD CORPORATION_ All riahts resPrvPd The ACORD name and logo are registered marks of ACORD EXHIBIT E ATTACHING TO AND FORMING PART OF POLICY NUMBER B0595XR6960021 ISSUED TO: LGI Homes Endorsement No. 10 ADDITIONAL INSURED — OWNERS LESSEES OR CONTRACTORS (FORM B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Name of Person or Organization: As required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations, performed at the scheduled projects, for that insured. CG 20 10 10 93 Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc. with its permission EXHIBIT E ATTACHING TO AND FORMING PART OF POLICY NUMBER B0595XR6960021 ISSUED TO: LGI Homes COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. '� • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Persons Or Organization(s) Designation Of Premises As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance:: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 10:Iial: 16� CG 20 18 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ATTACHING TO AND FORMING PART OF POLICY NUMBER B0595XR6960021 ISSUED TO: LGI Homes COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Name COMMERCIAL GENERAL LIABILITY COVERAGE PART Perso Where required by written contract Information required to complete this SCHEDULE Or Organ not shown above, will be shown in the A. Section II — Who Is An Insured is amended B. to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. lei With respect to the insurance afforded to these additional insureds, this insurance does not apply to any 'occurrence" which takes place after the equipment lease expires. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contractor agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. EXHIBIT E CG 20 28 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 ATTACHING TO AND FORMING PART OF POLICY NUM0ERB059SXRG9GOO21 ISSUED TO: UG|Homes ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s) Location And Description Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT ALL LOCATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations A.Section U—Who b4mInsured isamended to B. With respect to the insurance afforded to include oeanadditional insured the pmrson(s)m orgonizahon(s)shown inthe Schedule, but only with respect toliability for "bodily injury" or ^pmpedydamage" caused, inwhole orin pan. by "your work" odthe location designated and described inthe Schedule ofthis endorsement performed for that additional insured and included inthe "prod ucta-cump|etadoperations hazord^ However: 1.The insurance afforded msuch additional insured only applies Uothe extent permitted by law; and 2. Ifcoverage provided 0othe additional insured ia required byacontract oragreement, the insurance afforded Uosuch additional insured will not bmbroader than that which you are required bythe contract oragreement 10provide for such additional insured. these additional insureds, the following iaadded to Section III — Limits Of Insurance: Ifcoverage provided Vothe additional insured ia required bymcontract oragreement, the most *e will pay onbehalf ofthe additional insured iuthe amount ofinsurance: 1.Required hythe contract magreement; or 2. Available under the applicable Limits of Insurance shown inthe Declarations; whichever is less. This endorsement shall not increase the applicable Limits ofInsurance shown inthe Declarations. CG20 37 0413 @|nsurance Services Office, |nc.2O12 Page 1of1 ATTACHING TO AND FORMING PART OF POLICY NUMBER B0595XR6960021 ISSUED TO: LGI Homes Endorsement No. 11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract. ik-We 1%910 "'1" V •' (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. EXHIBIT E CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 ®0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YYYY) F5/4/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 1900 West Loop South, Suite 1600 Houston TX 77027 CONTACT NAME: PNDNE FAX Ns • 713-623-2330 A/c Ne : 713-622-6722 EAIC ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC # INSURERA: Old Re up blic Insurance CompanyCoMp@9y 24147 INSURED LGIHOME-01 INSURER B : LGI Homes, Inc. 1450 Lake Robbins Dr., Ste.430 INSURER C : INSURER D : The Woodlands TX 77380 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER_ 1AP7265R REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLITYPE INSO WVD SUER POLICY NUMBER MM/DDY� MM/DDT LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE To RENTED PREMISES Ea occu ence $__ MED EXP (Any one person) _ $ PERSONAL & ADV INJURY $ _ GEN'L AGGREGATE LIMIT APPLIE�S PER: GENERAL AGGREGATE $ JECO f POLICY D PRf LOC T I� PRODUCTS - COMPIOP AGG S $ OTHER: A AUTOMOBILE LIABILITY MVVTB31258221 3/1/2021 3/l/2022 COMBINED SINGLE LIMIT ent Ea accid] L�. _. $1,000,000 X ANY AUTO BODILY INJURY (Per person) S OWNED SCHEDULED X AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE—� Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY S X CA000110/13 UMBRELLA LIAB OCCUR HCLAIMS-MADE EACH OCCURRENCE $ _ AGGREGATE $ EXCESS LIAB —T-- DED RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N MWC31258321 3/1/2021 3/1/2022 X PERT OTH- STAUTE _ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $.1,000,000 OFFICERIMEMBER EXCLUDED? ❑ N /A E.L. DISEASE - EA EMPLOYEE —— $1,000,000 (MandatorylnNH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE. -POLICY LIMIT $1,000,000 A Auto Phys Dmge MWTB31258220 3/1/2021 3/1/2022 Comprehensive Ded. $250 (Hired Collision Ded Limit of Insurance $500 $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule,_ maybe attached if more space is required) CITY OF BAKERSFIELD, ITS MAYOR; COUNCIL, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS are included as additional insured on the Auto Liability policies where and to the extent required by written contract. Waiver of Subrogation on Workers Compensation policy listed above where and to the extent required by written contract where permissible by law. The insurance afforded to the Additional Insured as described in this Certificate of Insurance for work performed by the Named Insured is primary and non-contributory to any similar coverage maintained by the Additional Insured where and to the extent required by contract. 1a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF BAKERSFIELD ACCORDANCE WITH THE POLICY PROVISIONS. OFFICE OF RISK MANAGEMENT 1600 TRUXTUN AVE AUTHORIZED REPRESENTATIVE BAKERSFIELD CA 93301�--- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE EXHIBIT E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) POLICY NUMBER: MWC 312583 21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT, TO THE EXTENT ALLOWABLE BY LAW DATE OF ISSUE: 03-25-21 JOB DESCRIPTION © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. 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TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 1 /25/2022 WARD: Ward 6 SUBJECT: Final Map, Improvement Agreement and Landscape Agreement with RGF Land Company, Inc. (Developer) for Tract 7262, Phase 1 & 2 located on the southwest corner of Panama Lane and Reliance Drive. STAFF RECOMMENDATION: Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement. BACKGROUND: Per Bakersfield Municipal Code Chapter 16, "Subdivisions," Tentative Tract Map 7262 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, RGF Land Company, Inc, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded. The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer's responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval. The Landscape Improvement Agreement requires the Developer to complete the required landscape and irrigation improvements within the time frame and in the manner outlined in the agreement's terms. A landscape agreement is required whenever the Developer desires to record their final map before the landscaping improvements are in. F-IN 0 (-,TO: I �i I =1 Ll k " Description D Firact 7262 F:Ihases 1 & 2 limproveirnent Agimleilneint D Firad 7262 lRhasaes 'I & 2 1 andscape Agireeimeint D Firact 7262 Flhases 1 Final I alp D Firact 7262 Ii hases 2 F::iinal Map D Firact 7262 lRhrases 1 & 2 Vicinity IMap Type Agireeiment Agreement E3ackup IMateiriiall l3a(.,*UlF.) IMateiriiell Badkulp IMateriiall IMPROVEMENT AGREEMENT NO. _%7n Tract 7262 Phase 1 & 2 THIS IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective as of (the "Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("City") and RGF Land Company, Inc., a California Corporation authorized to do business in California ("Developer"). RECITALS WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 7262 Phase 1 & 2 (the "Project"), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map Act"), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal Code ("BMC")) ("Ordinance"); WHEREAS, City's Planning Commission, an advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions; and WHEREAS, Developer has submitted its final map to City for approval in accordance with the Map Act and the Ordinance and desires to enter into this Agreement with City to complete the required improvement work in the Project within the time and in the manner provided herein. AGREEMENT Incorporating herein the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as "Improvements") required by BMC Sections 16.32.060 or Section 16.32.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on October 06, 2016, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2- IMP AGR.Docx Page 1 of 14 Updated -September 11, 2017 on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. 2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following: 2.1. Title 16 of the BMC; 2.2. The Map Act; 2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also refers to City Engineer's designee); 2.4. Adopted City standards; and 2.5. Good engineering practices and workmanlike manner. All Improvements will be subject to inspection by City Engineer and must be completed to City's satisfaction before the Improvements will be accepted by City. 3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the time for completion. 4. RECORDING OF NOTICE_ OF COMPLETION; ISSUANCE OF CERTIFICATES OF OCCUPANCY• FINAL INSPECTIONS. 4.1. When Developer notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements. 4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer's satisfaction, City Engineer will accept the Improvements. 4.3. After the Improvements are accepted by City Engineer, City will record a notice of completion (the "NOC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - IMP AGR.Docx Page 2 of 14 Updated -September 11, 2017 herein by this reference. 4.4. City Building Director will not conduct a final inspection or issue any certificates of occupancy to Developer for any lot within the phases covered by this Agreement (the "Covered Phase") until City records the NOC. 5. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC. Upon City's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NOC is recorded. 6. IMPROVEMENT SECURITY. 6.1. Required Security. Developer must provide acceptable security (the "Security") as detailed in Exhibit B, which is incorporated herein by reference, for the following obligations: 6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements; 6.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040; and 6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above. 6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of Security is acceptable: 6.2.1. A bond or bonds by one or more duly authorized corporate 1 For tracts that have no phases, the term "Covered Phase" refers to the Project. IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - IMP AGR.Docx Page 3 of 14 Updated -September 11, 2017 sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute; 6.2.2. Cash deposited with City; or 6.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City. 6.3 Developer's Obligation to Maintain Security. It is Developer's sole responsibility to maintain the Security as follows: 6.3.1 Developer must provide City with the original Security documentation for all required Security as outlined in Exhibit B. Copies of the Security documents provided by Developer are attached to this Agreement as Exhibit D. 6.3.2 Developer must ensure that all Security is current and that there is no gap in Security coverage. At least sixty days before any Security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the Security current or provide new Security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. 6.3.3 Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of Security and identify the local representative and corporate headquarters of the company providing the Security ("Contact Information"). It is Developer's responsibility to ensure that City is provided with updates to any of the Contact Information. 6.4 Release of Security. The Security will be released as described in Exhibit B. 7. DEFAULT; REMEDIES. IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - IMP AGR,Docx Page 4 of 14 Updated -September 11, 2017 7.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist: 7.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein; 7.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement; 7..1.3. Developer has abandoned any of the work on the Improvements; 7.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; 7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt; 7.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or 7.1.7. Developer or owner of the Project transfers ownership of the Project. 7.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in Jaw or equity: 7.2.1. Demand that any available surety pay for the completion of the Improvements; 7.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payment of the secured funds; 7.2.3. Provide the necessary supervision, equipment, materials, and IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - IMP AGR.Docx Page 5 of 14 Updated - September 11, 2017 labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof; 7.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities; 7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase; 7.2.6. Withhold the issuance of building permits in subsequent phases until all Improvements in the Covered Phase are completed and approved by City Engineer; and 7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion. Right of Entry. If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety's designated representatives for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way. IMPROVEMENT AGREEMENT - 2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - IMP AGR.Docx Page 6 of 14 Updated - September 11, 2017 8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement. 9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of this Agreement. 10. INDEMNITY. 10.1 Developer will indemnify, defend, and hold harmless City and its Council, 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 orjudicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct. 10.2 Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and must satisfy any resulting judgment that may be rendered against any of them. IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2022PW AGREEMENT\TR7262-1 & 2 - IMP AGR.Docx Page 7 of 14 Updated -September 11, 2017 10.3 Developer's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety. 11. INSURANCE. 11.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 11.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 11.1.2. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 11.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 11.1.2.2. Provide unlimited products and completed operations coverage; 11.1.2.3. Provide premises, operations, and mobile equipment coverage; and 11.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - IMP AGR.Docx Page 8 of 14 Updated -September 11. 2017 11.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Developer is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.2. General Provisions Applyinci to All Insurance Types. 11.2.1. All policies required of Developer must be written on a first - dollar coverage basis, or contain a deductible provision. Subject to City's advance approval, Developer may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 11.2.2. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's insurance and must not contribute with it. 11.2.3. The insurance required above, except for workers' IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - IMP AGR.Docx Page 9 of 14 Updated -September 11, 2017 compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by City in writing. 11.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by City's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 11.2.5. Full compensation for all premiums which the Developer is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 11.2.6. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement. 11.2.7. Unless otherwise approved by City, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for Developer,. and all subcontractors must agree in writing to be bound by the provisions of this section. 12. MISCELLANEOUS. 12.1. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California. 12.2. Notices. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered IMPROVEMENT AGREEMENT - 2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2- IMP AGR.Docx Page 10 of 14 Updated - September 11, 2017 mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice: City: CITY OF BAKERSFIELD Public Works Department Attention: Subdivisions 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3724 Developer: RGF Land Company, Inc. 9100 Ming Avenue, Suite 120 Bakersfield, CA 93311 Telephone: (661) 335-6104 Email: tdee@rgfproperties.com Surety: Attn: Telephone: Email: License No.: Local Contact: _ Local Telephone: 12.3. Assignment. Neither this Agreement norany 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 will be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 12.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2- IMP AGR.Docx Page 11 of 14 Updated -September 11, 2017 and their heirs, administrators, executors, personal representatives, successors, and assigns. 12.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 12.6. 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. 12.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed as forming a partnership or any other association with Developer other than that of an independent contractor. 12.8. Agreement Mutually Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. California Civil Code Section 1654 does not apply to the interpretation of this Agreement. 12.9. Exhibits. If there is 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 will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12.10. Tax Numbers. IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - IMP AGR:Docx Page 12 of 14 Updated -September 11, 2017 Developer's Federal Tax Identification No. 83-1668451. Developer is a corporation? Yes 0 No ❑ (Please check one.) 12.11. Non -Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090). 12.12. Further Assurances. Each party will execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. [remainder of page intentionally left blank] IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2- IMP AGR.Docx Page 13 of 14 Updated -September 11, 2017 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED as to form: VIRGINIA GENNARO City Attorney DEVELOPER RGF La C pony, Inc. By: Print Name: Jeffrey A. Meaer Title: President Print Name: By: VIRIDIANA GALLARDO-KING Title: Deputy City Attorney II Insurance/Surety: APPROVED as to content: PUBLIC WORKS DEPARTMENT GREGG R. STRAKALUSE Public Works Director COUNTERSIGNED: RANDY MCKEEGAN Finance Director Attachments: Exhibit A - Checklist for Notice of Completion Exhibit B - Required Security Exhibit C - Engineer's Estimate Exhibit D - Security Exhibit E - Insurance IMPROVEMENT AGREEMENT- 2 Party G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - IMP AGR.Docx Updated - September 11, 2017 Page 14 of 14 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF K- E-5 W- & J On J4A - -�l 1, ol 1) . . .... before me, Kathleen Garzelli, Notary Public Notary Public, Date (here insert name and title of the officer) personally appeared A M f�q _j who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (Seal) OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Other: KATHLEEN GARZELLI COMM, #2356609 NOTARY PUBLIC -CALIFORNIA KERN COUNTY My Comm. Exp. May 7, 2025 Number of Pages: '1111mm'[ \kdhjkl"'�"�"Iktl EXHIBIT A Checklist for Notice of Completion ��� frrdrrj41,4 �ruurr PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD SUBDIVISIONS CHECKLIST FOR NOTICE OF COMPLETION Project No. Phase No. GENERAL INSTRUCTIONS Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securities. Processing of a Notice of Completion cannot proceed until Subdivisions has received direct confirmation from the Construction Division that the punch list items are complete. OK NA Checklist Item Cit 's punch list, completed and signed off by Construction Inspector. Monument elevation map provided to the City. Record drawings of the required improvements, signed by the Engineer of Record, along with an electronic copy Utility composite plan, including street light electrical service points. Warranty security as required shall be posted "As -graded" plans, signed by the Engineer of Record, along with an electronic copy Letter from engineer of record certifying that monuments have been set and that the engineer has been paid for setting the monuments. Maintenance letter from Recreation and Parks Sump acceptance by the Water Department if required) Geotechnical letter confirming sump construction per Grading Plan and/or Drainage Stud if required) Other items required by tract conditions: EXHIBIT A FOR PRIVATE TRACTS ADD THE FOLLOWING ITEMS: OK NA Checklist item Provide certification to the City Engineer that, except as otherwise provided, the private improvements have been constructed to City standards, ordinances, and policies, all in accordance with approved tans. This shall be stamped and signed by the Engineer of Record. Submit to the City Engineer copies of the sewer video, forms, and the inspection to Provide written verification from the Fire Department that all gates, locks, and keys have been installed or provided to their satisfaction EXHIBIT A EXHIBIT B Required Security Required Security TYPE OF Labor & Materials/ Warranty/ SECURITY Performance Payment Maintenance WHEN When Developer submits executed Agreement When Developer Before City records REQUIRED and final map to City for approval submits executed the NOC of the Agreement and final Improvements map to City for approval AMOUNT OF 100% of the total estimated cost of the 50% of the total 10% of the total SECURITY Improvements as reflected in the Engineer's estimated cost of the estimated cost of Estimate attached hereto as Exhibit C and Improvements as the Improvements incorporated herein by reference ("Engineer's reflected in the as reflected in the Estimate") attached Engineer's attached Engineer's Estimate Estimate DATE OF Within 30 days after City records a NOC of the 90 days after City 18 months after RELEASE/ Improvements; but, if City discovers that records a NOC of the recordation of the REDUCTION Developer performed defective work or labor or Improvements unless NOC of the furnished defective materials in completing the City receives written Improvements Improvements or Developer damages the notice that an action Improvements after City records the NOC, the or stop notice has Security will be released only after Developer been filed related to has repaired or replaced the defective or the construction of damaged Improvements to City's satisfaction. the Improvements, in which case the When submitted to City, the Performance Security, at Security, on its face, must be effective for no Developer's request, fewer than 18 months after the Effective Date of may be reduced to this Agreement and subject to the requirements an amount not less of this section. City may, in its sole discretion, than the total of all authorize a reduction of the face value of the claims on which an Performance Security, if requested by action or stop notice Developer, once the Improvements are has been filed sufficiently completed to make them operational and usable as a public improvement. If the reduction is authorized,. City will use the Engineer's Estimate to determine the amount of the reduction based on the portion of the Improvements completed; but, in no case, will City authorize a reduction of the face value of the Security below 50% of the originally required amount. EXHIBIT B EXHIBIT C Engineer's Estimate V N O n N �z N 0 (D N M 0 cn CD w u) o 0 -Di fD m c (n m n a � m CD m QCD �io Po U) (- O_ W N (D N 90 N CD CD cn cn g CD 3 m A _ fD _ _ m 3 Z W W W WN NNNNNNN N M -�-+-+-�' -� s O el" C W N O cD P. v O) Ln A CO N O CO DD V c)i :A W 3 N -+ O (0 00 v 3 Ut A W N -� 'V 0 C/)o—rAODCAp fn(nCn()Sv(nO)�Di>O N0)OD00 0 cn—I0 P02()p ;aoK < c '+ '+ N O• O. o (O < - a _ < 0) CD fD _ _ - < 'O a 0) K A co nCDi r cn cn m 2 m m m° < m c) C m n o w T G) fD 3 d cn cn m 3 vim �c3e �� u,°,:E *(o'�m omdww3 CL'a:3 � ni^�o tocna '0 o rzG)�im m 0) E mmc� 0o mm vfn Doop �.O Q c m co m c v < 90 ,< m< 0<<= a m c_ v 0 3 3< Z gin w rr- cn C 0 s3 m ern A�mocQ w �av m m �� N N ��y 0vv3 U) 02 v-- o 'a vy w CD wcn�D o �� 3 90 rn m cn ' m m' 3: °) ti `` v N y U) (n (D 0) 6 O co < m C rt �v o co 00 0m M. m (D a m n) VN m 3 a (D n -0 N @ v m Z) N N v 0 7 p cn 00 W— — V N CA W m (o A— " O w W A W 0) coo cn .,pp CD MW -1 -40 W W V O m co -> N W O 00 W Du A Q1 O 0) co N OD W N A O) -1 N co A A O O. co N 00 Co A CD CD — M (D (D N (D to N t) O j CD CD CD (D (D (D CD n (D m (D C 01 0) '^ -'n -n 0) 0) 0) -n 0) -* -n '=� `< Q y 0) 0) 0) ^ 0) 0) wN '^ =n --•� Q m 7 C ffl cn 1,01 fA Cn ffl fA Hi � cn fA U) fA {fl 69 7 N 4A c Hm -0 fA N c , C N fA fA C in A A tT EA CA 0) fA fA ffl Q V O w CA fA fA fA fW CT N O O) -U) CS O) 0) O fA fA Go CT -� O O O fA fA O cn W (n C77 C7) O O fA O fA fA N N -1 -1 O O 0) W O O U7 CT W w M N O O O O (D O O O 9 O D O O o CD O (o m cT) C7) O 0) � 0 0 0 P. 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O 7 N 00 N O) �I N CO �l cO A W A O N 4 -4N W -1 W A 00 O A N Mc 00 00 cn O A (D cn fA fA fA -CA ffl 69 fA fA fA In 19 fA fA ffl fA EA 69 fA Ut N fA A N O W fA O O O W W L O N 00 -4 (D O O O O O 0 0 0 0 o o o o O O O O co O Cl) O O O co CJI O co 0 0 00 -+ -4 -I 0) N V M N �1 N 0 ? Z (nO (D (n N M 0D C 00 O Q n CD I CD n a (D TM 5. co mc a m N r co Cn r v v 0 CD N 0 [y m X _r W S N N (D 90 IV a1 m (D p V p CT A O (D p v p Un A -4a Nm mN-1 www=OwgmDD'o N-rn020?-t 0 O zoo ° a> >.a - Oro < - _ :< ° N G > 0. � rt�n (Dm � ao .gym 0°-�G)2`<`a to 3 c>> 9� azi'a N."Q°� m �.y o.� <�•� y m z O T m �' T a� �^ P C) m o � a v m m x N OW O m m p 3 y Cn CD 3 rn F a°i v X CO N m 2 y 111 O < z :3< CD 0 (5 -o � 25 < ca CD fp 0' CD fm_ fn z m �Qm :O:NOS �'^ 3y< m -i m -q --1 --I 0 7 C N N a m N U O -� a `G O 0 m o rn °��' o " ai Z N Q. 0 r+ v � m N v 0 7 CA W (D o V N N -4M Cn 4 O A C D co CACWn -� CA Cn W- N Cn 0 n T1 0 ofDi o°i w v y a°i ni aoi * aoi a0i = CD o - n CD 00 M (a c 6A � CogN Cl) � 6� C 69 2. O ZT W 0_ a -40 W Cn fA EW 6a 6A 9 N O Cn fA a O 69 O O CD O n � Cn O O O {f3 69" N -I N 2-1 0 0 0) W O 21 O �<< CDppppO n ° Oo0 (n0 Op Sv. 3 7� -h-060000000000 0 0 0 0 0 O CD Q O O 0 0 0 0 0 0 0 0 0 0 �. O a)O O. O CD 3 mom. �o yy< �_ u u 3 r- 0 0 D m Dom _ O j Y 69 CD V' 00 W w wCC) 60 69 69 'En {A 6fl 69 A cW-4 co CA 69 co � Cn (D N EH (O n W 0 � WO 4 CoCD Ln OO CN O Cn O A CD N W W V N. O W 0 - v O n1 A O O A CD CA O O O O N O (n Cn N O O O O 0 0 (Do Cn CO Otb� (DOOOOO.G.0000 (nOOOCnO (n0 o w 0 -u n 0 0 3 N 3 0 a m C o a a p � 00000CD OOOO 0 oo oo O� CA Z o a o a o 0 0 0 0 0 0 0 0 0 0 EA -69 <P3 - ° Lnn -4-4 00 Cn CC)m can N3 CD > Ul A Cn co -P rn N a w m G7 N ON N O W -A- O � w 69 69 to 69 69 69 69 60 6o 69 -69 4.9 69 69 is .69 6w o o N O Cn -� (A V CD W -� -1 OO000000000 OOOOOO Ln Ln Ln LO C*4 04 CM co to to co m (D w V- C14 fU v . v . VZ 0). CL 619� to). to 6q 0 F- 0 00 Z Ln !t E 0 M 02 LL L- + 0 LU LL 04 Ln 0 0 O Lo F- x uj W, I AllinoeS a 1191HX3 BANK OF AMERICA - CONFIDENTIAL PAGE: 1 DATE: JANUARY 13, 2022 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 68148808 APPLICANT REFERENCE NUMBER: COB 1669925 APPLICANT BENEFICIARY RGF LAND COMPANY, INC. CITY OF BAKERSFIELD 9100 MING AVENUE DEPARTMENT OF PUBLIC WORKS SUITE 120 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93311 BAKERSFIELD, CA 93301 ISSUING BANK BANK OF AMERICA, N.A. ONE FLEET WAY PA6-580-02-30 SCRANTON, PA 18507-1999 AMOUNT NOT EXCEEDING USD 1,669,925.00 NOT EXCEEDING ONE MILLION SIX HUNDRED SIXTY NINE THOUSAND NINE HUNDRED TWENTY FIVE AND 00/100'S US DOLLARS EXPIRATION JULY 17, 2023 AT OUR COUNTERS WE HEREBY ESTABLISH OUR STANDBY LETTER OF CREDIT LC NO. 68148808 IN YOUR FAVOR, FOR THE ACCOUNT OF RGF LAND COMPANY, INC UP TO THE AGGREGATE AMOUNT OF ONE MILLION SIX HUNDRED SIXTY NINE THOUSAND NINE HUNDRED TWENTY FIVE AND 00/100 US DOLLARS ($1,669,925.00 USD). THE AMOUNT IS AVAILABLE BY PRESENTATION OF YOUR DRAFT(S) DRAWN ON US, AT SIGHT AND DULY ENDORSED, ACCOMPANIED BY THE FOLLOWING: 1) THIS ORIGINAL LETTER OF CREDIT AND ANY AMENDMENTS. 2) A DATED AFFIDAVIT SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF BAKERSFIELD, CERTIFYING THAT "RGF LAND COMPANY, INC, IS IN DEFAULT RELATING TO TRACT 7262 PH. 1 AND 2 AND THE AMOUNT OF DRAWING IS DUE AND PAYABLE." OTHER CONDITIONS: WE ARE INFORMED BY THE APPLICANT THAT THE CITY MAY PRESENT DRAWS TO PAY FOR LABOR AND MATERIALS. PARTIAL DRAWING ARE ALLOWED. ALL DRAFT(S) DRAWN MUST BEAR THE CLAUSE, "DRAWN UNDER BANK OF AMERICA, LETTER OF CREDIT NUMBER LC NO. 68148808, DATED JANUARY 13, 2022." IF APPROVED IN WRITING BY THE CITY OF BAKERSFIELD, THE FACE AMOUNT OF THIS LETTER OF CREDIT MAY BE REDUCED. ORIGINAL 05-17-I4MB 07 ;2019 BANK OF AMERICA BANK OF AMERICA — CONFIDENTIAL PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 68148808 IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR PERIODS) OF ONE YEAR EACH FROM THE CURRENT EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST NINETY (90) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU BY REGISTERED MAIL OR OVERNIGHT COURIER AT THE ABOVE LISTED ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. ANY SUCH NOTICE SHALL BE EFFECTIVE WHEN SENT BY US AND UPON SUCH NOTICE TO YOU, YOU MAY DRAW AT ANY TIME PRIOR TO THE THEN CURRENT EXPIRATION DATE, UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER, AGAINST YOUR DRAFT(S) DRAWN ON US AT SIGHT AND THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENTS THERETO, ACCOMPANIED BY YOUR STATEMENT, SIGNED BY AN AUTHORIZED SIGNATORY, ON YOUR LETTERHEAD STATING THAT YOU ARE IN RECEIPT OF BANK OF AMERICA, N.A.'S NOTICE OF NONEXTENSION UNDER LETTER OF CREDIT NO. 68148808 AND THE APPLICANT'S OBLIGATION TO YOU REMAINS. WE HEREBY ENGAGE WITH YOU THAT PRESENTATION OF SUCH DRAFT(S) AND DOCUMENT(S) MAY BE MADE AT OUR OFFICE LOCATED AT BANK OF AMERICA, N.A., ONE FLEET WAY, MC: PA6-580-02-30, SCRANTON, PA 18507-1999, BY OVERNIGHT COURIER, OR BY TELECOPY TO FACSIMILE NO. 800-755-8743, CONFIRMED BY TELEPHONE TO 1-800-370-7519. RECEIPT OF SUCH TELEPHONE NOTICE SHALL NOT BE A CONDITION TO PRESENTATION HEREUNDER. IF PRESENTED BY FAX, DOCUMENTS ARE NOT REQUIRED TO BE SENT BY COURIER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 800-370-7519 . u a A THO'IZED SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). EXHIBIT D 05-17-1486B 07-20111 EXHIBIT E Insurance RGFPROP-01 AHENL ACOR®� DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 8/10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME :—- N Fresno CSG-Alliant Insurance Services, Inc. PHONE _ 9 E River Park Place East Ste 310 (wc No EXt> (559) 374-3560 Fresno, CA 93720 ADDRESS: NAIC # INSURED RGF Land Company, Inc. 9100 Ming Ave., Suite 120 Bakersfield, CA 93311 Colonv Insurance COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_, INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LT IN D WVD MM DD/YYYY MM D A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X 600 GL 0198347-00 4123/2021 4/23/2022 EACH OCC_ URRENCE DAMAGE TO RENTED PREMI$ES_(Ea occursgnce) _ $ 1,000,000 100,000 $ - ,MEDEXP(Any one erson 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1XI JECT LOC GENERAL AGGREGATE PRODUCTS COMP/OP AGG $ 2,000,000 $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT JEa accidents ,....____.. $_ ANY AUTO BODILY INJUR) �Pgjr erson) $ OWNED SCHEDULED AUTOS ONLY AUTOS -------- BODILY INJURY Per accident) — ---- _ __ .__..__.....__._,. _ _ _- $_. __ __ _ ...... HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accidentL_^_ $_, $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- _._. STATUTE ,._,_,-._ ._ER -. ___,-, _,_ , __ ANY PROPRIETOR/PARTNER/EXECUTIVE FFICER/MEMBER EXCLUDED? Mandatory in NH) If yes, describe under NIA E L DISEASE - EA EMPLOYE __.__. _____ $ ___ _.... _.___. DESCRIPTION OF OPERATIONS below I E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: project Tract 7262 Phase 1-5 As required by written contract, The City Bakersfield, its mayor, council, officers, agents, employees and volunteers are included as an additional insured per forms CG2010 0413 & CG2037 0413 attached; coverage is primary and non contributory as respects general liability per form U407-0116 attached. EXHIBIT E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bakersfield -Office of Risk Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y 9 ACCORDANCE WITH THE POLICY PROVISIONS. 1600 Truxtun Ave Bakersfield, CA 93301 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDT. #001 EFF: 04/23/202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE 600 GL 0198347-00 04/23/2021 COLONY INSURANCE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE RGF Land Company, Inc. Austin King COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE PART CHANGES In consideration of the premium charged, it is understood and agreed that the policy is amended as follows: PRIMARY AND NON-CONTRIBUTORY- OTHER INSURANCE CONDITION - DESIGNATED ENTITY, Form U407, The City of Bakersfield, is added to the policy. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS, Form CG2037-0413, The City of Bakersfield, is added to the policy. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION, Form CG2010-0413, The City of Bakersfield, is added to the policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED Authorized Representative Signature EXHIBIT E IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 ENDT. #001 EFF: 04/23/202 POLICY NUMBER: 600 GL 0198347-00 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of Bakersfield As Designated in Written Contract with the Named 1600 Truxtun Ave Insured. Bakersfield, CA 93301 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EXHIBIT E CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ENDT. #001 EFF: 04/23/202 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. EXHIBIT E Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 ENDT. #001 EFF: 04/23/202 POLICY NUMBER: 600 GL 0198347-00 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Bakersfield As Designated in Written Contract with the Named Insured. 1600 Truxtun Ave. Bakersfield, CA 93301 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. EXHIBIT E CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 ENDT. #001 EFF: 04/23/202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) The City of Bakersfield 1600 Truxtun Ave Bakersfield, CA 93301 SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance and SECTION IV — PRODUCTS/COMPLETED OPERATIONS LIABILITY CONDITIONS, 4. Other Insurance are amended and the following added and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) designated in the SCHEDULE above provided: (1) the person(s) or organization(s) designated in the SCHEDULE above is a Named Insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) designated in the SCHEDULE above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EXHIBIT E U407-0116 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. October 25, 2021 City of Bakersfield Risk Management Division Re: Insurance Requirement -Auto Please be advised that RGF Land Company, Inc., does not own any vehicles and does not have a need for auto liability insurance at the time and will not furnish it in regards to this project. If you have any questions, please contact Kathleen Garzelli at (661) 335-6103 or by email at kgarzellli@refproperties.us. We look forward to working with you and value your partnership with us. Sincerely, Tom Dee, Agent for RGF Land Company, Inc. EXHIBIT E ey�cry ` y s��s�'. ''�� N'i'G� v, � ,VH�G�t.Ti=019 �}, JN BAKERSFIELD THE SOUND OFb tk ' !Veor Workers' Compensation Coverage Exemption Declaration The undersigned (hereinafter referred to as "1" or "Me") hereby declares that the following is true and correct: I am an individual or a company that has entered, or will be entering, into an agreement with the City of Bakersfield to provide goods or services. I am familiar with the terms of said agreement which require Me to maintain workers' compensation coverage as required by California Law. I am familiar with the workers' compensation laws of California (generally contained in section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry workers' compensation insurance, and I am exempted under the law from the requirement to maintain workers' compensation insurance coverage. In addition, during the term of any work for the City of Bakersfield under said agreement, (i) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, or (ii) should I become subject to the worker's compensation provision of Section 3700 of the Labor Code for any reason, I shall forthwith comply with those provisions and send evidence of compliance to the City of Bakersfield. Date: Name: R�'akehr2 ► Name. (Print type) (Signature) Company Name (if any):. Title: VP Telephone: _ 4l $�2 7 —3 08Y Warning: In California, failure to secure workers' compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000). In addition to the cost of compensation, damages may be assessed as provided for in Section 3706 of the Labor Code, including, but not necessarily limited to, interest and attorney's fees. Rak Management-09/19 EXHIBIT E LANDSCAPE IMPROVEMENT AGREEMENT NO. FOR Tract 7262 Phase 1 & 2 This LANDSCAPE IMPROVEMENT AGREEMENT ("Agreement") is made and entered into on ("Effective Date") by and between the CITY OF BAKERSFIELD, a municipal corporation ("City") and RGF Land Company, Inc., a California Corporation, authorized to do business in California ("Developer"). RECITALS WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 7262 Phase 1 & 2 (the "Project"), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map Act"), and City's Subdivision Ordinance (Title 16 of the Bakersfield Municipal Code ("BMC")) ("Ordinance"); WHEREAS, City's Planning Commission, an advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions; WHEREAS, Developer has submitted its final map to City for approval in accordance with the Map Act and the Ordinance; WHEREAS, Developer desires to file a final map for the Project before installing the landscape and irrigation improvements required as a condition of City's approval of the Project; WHEREAS, Developer desires to enter into an agreement with CITY to complete the required landscape and irrigation improvements within the time and in the manner provided herein; and WHEREAS, City requires Developer to execute this Agreement as a prerequisite for approving Developer's final map. AGREEMENT Incorporating herein the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS. Developer must construct, install, and complete all landscape and irrigation improvements as required by this Agreement and as required in the resolution adopted by the City Planning Commission on October 06, 2016, and/or required in a resolution extending the expiration of the tentative map, if applicable (the "Improvements"). The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. Developer must complete the Improvements in a good workmanlike manner in accordance with accepted construction practices and pay, when due, all costs, expenses, fees, and charges required by completion of the Improvements. 2. MANNER OF CONSTRUCTION. Developer must install and construct the Improvements in accordance with all of the following: 2.1. Title 16 of the Bakersfield Municipal Code; 2.2. The California Subdivision Map Act (California Government Code Section 66410, et seq.); 2.3. Approved plans and specifications; 2.4. Adopted City standards; and 2.5. Good engineering practices and workmanlike manner.. 3. TIME FOR COMPLETION. Developer must complete all Improvements in full in accordance with the terms of this Agreement to City's satisfaction within one year from the Effective Date or any extension thereof. 4. MAINTENANCE AND GUARANTEE PERIOD. Developer must maintain the Improvements and hereby guarantees all features of the Improvements for a minimum of 365 days following City's issuance of the Developer/Contractor Maintenance Letter ("Maintenance and Guarantee Period") against defective work or labor done, or defective material furnished, in the performance of this Agreement. Upon City's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the Maintenance and Guarantee Period. LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.DOcx Page 2 of 13 The Maintenance and Guarantee Period will end when City issues the Recreation and Parks Acceptance Letter. City will record a notice of completion ("NOC") of the Improvements once the Recreation and Parks Acceptance Letter is issued and City has in its possession all of the items identified on Exhibit A, which is incorporated herein by reference. 5. IMPROVEMENT SECURITY. 5.1. Required Security. Developer must provide acceptable security (the "Security") as detailed in Exhibit B, which is incorporated herein by reference, for the following obligations: 5.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements; 5.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040; and 5.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of Security is acceptable: 5.2.1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute; 5.2.2. Cash deposited with City; or 5.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City. 5.3. Developer's Obligation to Maintain Security. It is Developer's sole responsibility to maintain the Security as follows; 5.3.1. Developer must provide City with the original Security documentation for all required Security as outlined in Exhibit B. Copies of the Security provided by Developer is attached to this Agreement as Exhibit D. LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Doox Page 3 of 13 5.3.2. Developer must ensure that all Security is current and that there is no gap in Security coverage. At least sixty days before any Security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the Security current or provide new Security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. 5.3.3. Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of Security and identify the local representative and corporate headquarters of the company providing the Security ("Contact Information"). It is Developer's responsibility to ensure that City is provided with updates to any of the Contact Information. 5.4. Release of Security. The Security will be released as described in Exhibit B. 6. DEFAULT; REMEDIES. 6.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist: 6.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein; 6.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement; 6.1.3. Developer has abandoned any of the work on the Improvements; 6.1.4. Developer, if an individual, has been declared incompetent or LANDSCAPE IMPROVEMENT AGREEMENT Gt\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 4 of 13 placed under the care of a guardian or conservator, or has disappeared; 6.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt; 6.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or 6.1.7. Developer or owner of the Project transfers ownership of the Project. 6.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity: 6.2.1. Demand that any available surety pay for the completion of the Improvements; 6.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payment of the secured funds; 6.2.3.. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof; 6.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities; 6.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Project if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Project; LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 5 of 13 6.2.6. Withhold the issuance of building permits in subsequent phases of the tract map until all Improvements in the Project are completed and approved by City Engineer; and 6.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion. Right of Entry. If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety's designated representatives for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way. 7. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement. 8. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of this Agreement. 9. INDEMNITY. LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 6 of 13 9.1. Developer will indemnify, defend, and hold harmless City and its Council, 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 orjudicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct. 9.2. Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and must satisfy any resulting judgment that may be rendered against any of them. 9.3. Developer's surety providing the performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety. 10. INSURANCE. 10.1. Types and Limits of Insurance. In addition to any other insurance or Security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 10.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 10.1.2. Commercial general liability insurance, unless otherwise LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 7 of 13 approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 10.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 10.1.2.2. Provide unlimited products and completed operations coverage; 10.1.2.3. Provide premises, operations, and mobile equipment coverage; and 10.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 10.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Developer is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 10.2. General Provisions Applying to All Insurance Types. LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 8 of 13 10.2.1. All policies required of Developer must be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, Developer may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 10.2.2. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's insurance and must not contribute with it.. 10.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by City in writing. 10.2.4. Unless otherwise approved by City's Risk Manager, all insurance policies must contain an endorsement providing City with a thirty -day written notice of cancellation or material change in policy language or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 10.2.5. The insurance required in this section must be maintained until the Performance Security is released. 10.2.6. Developer must furnish City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required and identifying the tract number and LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 9 of 13 phase of the Project, when Developer submits the executed Agreement and final map to City for approval. 10.2.7. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement. 10.2.8. Unless otherwise approved by City, if any part of the work under this Agreement is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for Developer, and all subcontractors must agree in writing to be bound by the provisions of this section. 11. MISCELLANEOUS. 11.1. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California. 11.2. Notices. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice: City: CITY OF BAKERSFIELD Public Works Department Attention: Subdivisions 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3724 Developer: RGF Land Company, Inc. 9100 Ming Avenue, Suite 120 Bakersfield, CA 93311 Telephone: (661) 335-6104 Email: tdee@rgfproperties.com Surety: Attn: LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 10 of 13 Telephone: Email: License No.: Local Contact: _ Local Telephone: 11.3. 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 will be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 11.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns. 11.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 11.6. 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. 11.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 11 of 13 This Agreement must not be construed as forming a partnership or any other association with Developer other than that of an independent contractor. 11.8. Agreement Mutually Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. California Civil Code Section 1654 does not apply to the interpretation of this Agreement. 11.9. Exhibits. If there is 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 will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 11.10. Tax Numbers. Developer's Federal Tax Identification No. 83-1668451. Developer is a corporation? Yes 0 No ❑ (Please check one.) 11.11. Non -Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090). 11.12. Further Assurances. Each party will execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. [SIGNATURES ON NEXT PAGE] LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED as to form: VIRGINIA GENNARO City Attorney RGF Land C pany, Inc. By: Print Name: Jeffrey A. Meaer Title: President By: Print Name: VIRIDIANA GALLARDO-KING Title: Deputy City Attorney II Insurance/Surety: APPROVED as to content: PUBLIC WORKS DEPARTMENT GREGG R. STRAKALUSE Public Works Director COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachments: Exhibit A - Checklist for Notice of Completion Exhibit B - Required Security Exhibit C - Engineer's Estimate Exhibit D - Security Exhibit E - Insurance LANDSCAPE IMPROVEMENT AGREEMENT G:\GROUPDAT\AGREEMENTS\2022 PW AGREEMENT\TR7262-1 & 2 - LS AGR.Docx Page 13 of 13 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Ke" —1 On Sax a�- before me Public, Date personally appeared Kathleen Garzelli, Notary Public (here insert name and title of the officer) otary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHLEEN GARZELLI Comm. #235 NOTARY PUBLIC, CALIFORNIA KERN mv Comm. EXP. May 7, 2025 Signature: (Seal) OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Other: Number of Pages: PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD SUBDIVISIONS CHECKLIST FOR NOTICE OF COMPLETION FOR LANDSCAPE AGREEMENT Project No. Phase No. GENERAL INSTRUCTIONS Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your.package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securities. Processing of a Notice of Completion cannot proceed until Subdivisions has received direct confirmation from the Construction Division that the punch list items are complete. OK NA Checklist Item City's punch list, completed and signed off by a Recreation and Parks Construction Inspector Acceptance Letter from the Recreation and Parks Department Other items required by tract conditions: EXHIBIT A 1XV51. Required Security Required Security TYPE OF Labor & Materials/ SECURITY Performance Payment WHEN When Developer submits executed Agreement When Developer REQUIRED and final map to City for approval submits executed Agreement and final map to City for approval AMOUNT OF 100% of the total estimated cost of the 50% of the total SECURITY Improvements as reflected in the Engineer's estimated cost of the Estimate attached hereto as Exhibit C and Improvements as incorporated herein by reference ("Engineer's reflected in the Estimate") attached Engineer's Estimate DATE OF Within 30 days after City serves Developer with 90 days after City RELEASE/ the Developer/Contractor Acceptance Letter; records a NOC of the REDUCTION but, if City discovers that Developer performed Improvements unless defective work or labor or furnished defective City receives written materials in completing or maintaining the notice that an action Improvements, the Security will be released only or stop notice has after Developer has repaired or replaced the been filed related to defective or damaged Improvements to City's the construction of satisfaction. the Improvements, in which case the When submitted to City, the Performance Security, at Security, on its face, must be effective for no Developer's request, fewer than 30 months after the Effective Date may be reduced to and subject to the requirements of this section. an amount not less City may, in its sole discretion, authorize a than the total of all reduction of the face value of the Performance claims on which an Security, if requested by Developer, once the action or stop notice Improvements are completed pursuant to this has been filed Agreement. If the reduction is authorized, City will reduce the Security to an amount sufficient to finance the completion of the remaining obligations of this Agreement as determined by the Recreation and Parks Director, or designee, in his or her sole discretion; but, in no case, will City authorize a reduction of the face value of the Security below 50% of the originally required amount. EXHIBIT B EXHIBIT C Engineer's Estimate BOND ESTIMATE - Landscaping for City of Bakersfield Tracts Tract: 7262 Phase 1 & 2 Date: 12/22/2021 Job No: 13-099.02/.06 Prepared By: JAG Item No. Item Description Qty Unit Unit $ Item $ Landscape 1. Right of Way Landscape, Street Nam( TOTAL IMPROVEMENTS: 20 % Contingency: ENFORCEMENT COST: TOTAL IMPROVEMENT BOND: 50% LABOR BOND: 16635 sf 5.00 83,175 Sub -Total 83,175 83,175 16,635 12476 112,286 / , /0 - 1"2 56,143 EXHIBIT C MCINTOSH & ASSOCIATES, Civil Engineers & Land Surveyors, 2001 Wheelan Court, Bakersfield, California 93309 7262 Phase 1_2 LSBOND.XLS Pagel of 1 Landscaping EXHIBIT D Security 2 A N K 0 , A M E ,+ I C c BANK OF AMERICA - CONFIDENTIAL PAGE: 1 DATE: JANUARY 13, 2022 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 68148809 APPLICANT REFERENCE NUMBER: COB 112286 APPLICANT BENEFICIARY RGF LAND COMPANY, INC. CITY OF BAKERSFIELD 9100 MING AVENUE DEPARTMENT OF PUBLIC WORKS SUITE 120 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93311 BAKERSFIELD, CA 93301 ISSUING BANK BANK OF AMERICA, N.A. ONE FLEET WAY PA6-580-02-30 SCRANTON, PA 18507-1999 AMOUNT NOT EXCEEDING USD 112,286.00 NOT EXCEEDING ONE HUNDRED TWELVE THOUSAND TWO HUNDRED EIGHTY SIX AND 00/100'S US DOLLARS EXPIRATION JULY 17, 2023 AT OUR COUNTERS WE HEREBY ESTABLISH OUR STANDBY LETTER OF CREDIT LC NO. 68148809 IN YOUR FAVOR, FOR THE ACCOUNT OF RGF LAND COMPANY, INC. UP TO THE AGGREGATE AMOUNT OF ONE HUNDRED TWELVE THOUSAND TWO HUNDRED EIGHTY SIX AND 00/100 US DOLLARS ($112,286.00 USD). THE AMOUNT IS AVAILABLE BY PRESENTATION OF YOUR DRAFT(S) DRAWN ON US, AT SIGHT AND DULY ENDORSED, ACCOMPANIED BY THE FOLLOWING: 1) THIS ORIGINAL LETTER OF CREDIT AND ANY AMENDMENTS. 2) A DATED AFFIDAVIT SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF BAKERSFIELD, CERTIFYING THAT "RGF LAND COMPANY, INC. IS IN DEFAULT RELATING TO TRACT 7262 PH. 1 AND 2 AND THE AMOUNT OF DRAWING IS DUE AND PAYABLE." OTHER CONDITIONS: WE ARE INFORMED BY THE APPLICANT THAT THE CITY MAY PRESENT DRAWS TO PAY FOR LABOR AND MATERIALS. PARTIAL DRAWING ARE ALLOWED. ALL DRAFT(S) DRAWN MUST BEAR THE CLAUSE, "DRAWN UNDER BANK OF AMERICA, LETTER OF CREDIT NUMBER LC NO. 68148809, DATED JANUARY 13, 2022." IF APPROVED IN WRITING BY THE CITY OF BAKERSFIELD, THE FACE AMOUNT OF THIS LETTER OF CREDIT MAY BE REDUCED. C�Ti i�toIIi►T�i7li 07-17-1486B 07-2019 BAN K OF AMERICA BANK OF AMERICA - CONFIDENTIAL THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 68148809 ALL BANKING CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR PERIODS) OF ONE YEAR EACH FROM THE CURRENT EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST NINETY (90) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU BY REGISTERED MAIL OR OVERNIGHT COURIER AT THE ABOVE LISTED ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. ANY SUCH NOTICE SHALL BE EFFECTIVE WHEN SENT BY US AND UPON SUCH NOTICE TO YOU, YOU MAY DRAW AT ANY TIME PRIOR TO THE THEN CURRENT EXPIRATION DATE, UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER, AGAINST YOUR DRAFT(S) DRAWN ON US AT SIGHT AND THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENTS THERETO, ACCOMPANIED BY YOUR STATEMENT, SIGNED BY AN AUTHORIZED SIGNATORY, ON YOUR LETTERHEAD STATING THAT YOU ARE IN RECEIPT OF BANK OF AMERICA, N.A.'S NOTICE OF NONEXTENSION UNDER LETTER OF CREDIT NO. 68148809 AND THE APPLICANT'S OBLIGATION TO YOU REMAINS. WE HEREBY ENGAGE WITH YOU THAT PRESENTATION OF SUCH DRAFT(S) AND DOCUMENT(S) MAY BE MADE AT OUR OFFICE LOCATED AT BANK OF AMERICA, N.A., ONE FLEET WAY, MC: PA6-580-02-30, SCRANTON, PA 18507-1999, BY OVERNIGHT COURIER, OR BY TELECOPY TO FACSIMILE NO. 800-755-8743, CONFIRMED BY TELEPHONE TO 1-800-370-7519. RECEIPT OF SUCH TELEPHONE NOTICE SHALL NOT BE A CONDITION TO PRESENTATION HEREUNDER. IF PRESENTED BY FAX, DOCUMENTS ARE NOT REQUIRED TO BE SENT BY COURIER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 800-370-7519 . -- - - - _--- - - - - - - AUTHORIZED SIGNATURE I J THIS DOCUMENT CONSISTS OF 2 PAGE(S). 05-17-14S6B 07-2019 EXHIBIT E Insurance RGFPROP-01 AHENL Al CORO� DATE (MM/DD/YYYY) v CERTIFICATE OF LIABILITY INSURANCE 8/10/2021 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ` "^ Fresno CSG-Alliant Insurance Services, Inc. PHONE FAX 9 E River Park Place East Ste 310 (A/c No EXt)(559) 374-3560 Fresno, CA 93720 EMAIL __INSURERS) AFFORDING COVERAGE NAIC # -----_.._._ ----- _-__.____._ _.,_._ _. INSURER Colony Insurance Company „- , _ 39993 INSURED INSURER B RGF Land Company, Inc. INsuRER_c _ 9100 Ming Ave., Suite 120 INSURER D Bakersfield, CA 93311 — - -- - --- - _ _ ... INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: RFViSlnni miiMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDR POLICY NUMBER POLICY EFF POLICY EXP LTR IN DLsUBWVD MM D /YYYYI (MM1DDPrYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X 600 GL 0198347-00 4/23/2021 4/23/2022 EACH OCCURRENCE DAMAGE TO RENTED PREMISES,jEa occurrence} $ 1,000,000 1 00,000 $-- MED EXP_(Any one persons $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY X PEai LOC GEN'L _GENERALAGGREOATE_ PRODUCTS COMPlOP AGG $ 2,000,000 $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Perperson)__ — BODILY INJURY Per accident _ _i__.__-.---.) $ _ — $ ___.__-...__..----_-____.._____ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE _(Per accident] $. UMBRELLA LIAB OCCUR E4C0 OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE _ . $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECU I IVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) Ifyes, describe under N / A PER OTH- STATUTE._, _-._.._ _ER ,_ E L EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE _ - _._.._._- _-----.-._.._ . . _._ _$ $ ,__. - _,.... DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: project Tract 7262 Phase 1-5 As required by written contract, The City Bakersfield, its mayor, council, officers, agents, employees and volunteers are included as an additional insured per forms CG2010 0413 & CG2037 0413 attached; coverage is primary and non contributory as respects general liability per form U407-0116 attached. EXHIBIT E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bakersfield -Office of Risk Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1600 Truxtun Ave Bakersfield, CA 93301 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDT. #001 EFF: 04/23/202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE 600 GL 0198347-00 04/23/2021 COLONY INSURANCE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE RGF Land Company, Inc. Austin King COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE PART CHANGES In consideration of the premium charged, it is understood and agreed that the policy is amended as follows: PRIMARY AND NON-CONTRIBUTORY - OTHER INSURANCE CONDITION - DESIGNATED ENTITY, Form U407, The City of Bakersfield, is added to the policy. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS, Form CG2037-0413, The City of Bakersfield, is added to the policy. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION, Form CG2010-0413, The City of Bakersfield, is added to the policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED Authorized Representative Signature EXHIBIT E IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 ENDT. #001 EFF: 04/23/202 POLICY NUMBER: 600 GL 0198347-00 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Fill OFARI&VIVAN 110 rall 'OEM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) I Location(s) Of Covered Operations The City of Bakersfield 1600 Truxtun Ave Bakersfield, CA 93301 As Designated in Written Contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EXHIBIT E CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 ENDT. #001 EFF: 04/23/202 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. shall not increase the Insurance shown in the EXHIBIT E Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 ENDT. #001 EFF: 04/23/202 POLICY NUMBER: 600 GL 0198347-00 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Bakersfield As Designated in Written Contract with the Named Insured. 1600 Truxtun Ave. Bakersfield, CA 93301 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. EXHIBIT E CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 ENDT. #001 EFF: 04/23/202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) The City of Bakersfield 1600 Truxtun Ave Bakersfield, CA 93301 SECTION IV — COMMERCIAL GENERAL LIABLITY CONDITIONS, 4. Other Insurance and SECTION IV — PRODUCTS/COMPLETED OPERATIONS LIABILITY CONDITIONS, 4. Other Insurance are amended and the following added and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) designated in the SCHEDULE above provided: (1) the person(s) or organization(s) designated in the SCHEDULE above is a Named Insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) designated in the SCHEDULE above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EXHIBIT E U407-0116 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. October 25, 2021 City of Bakersfield Risk Management Division Re: Insurance Requirement -Auto Please be advised that RGF Land Company, Inc., does not own any vehicles and does not have a need for auto liability insurance at the time and will not furnish it in regards to this project. If you have any questions, please contact Kathleen Garzelli at (661) 335-6103 or by email at kearzellli@rgfproperties.us. We look forward to working with you and value your partnership with us. Sincerely, Tom Dee, Agent for RGF Land Company, Inc. EXHIBIT E BAKERSFIELD THE SOUND OFbaEveAk4 tge*r Workers' Compensation Coverage Exemption Declaration The undersigned (hereinafter referred to as "I" or "Me") hereby declares that the following is true and correct: I am an individual or a company that has entered, or will be entering, into an agreement with the City of Bakersfield to provide goods or services. I am familiar with the terms of said agreement which require Me to maintain workers' compensation coverage as required by California Law. I am familiar with the workers' compensation laws of California (generally contained in section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry workers' compensation insurance, and I am exempted under the law from the requirement to maintain workers' compensation insurance coverage. In addition, during the term of any work for the City of Bakersfield under said agreement, (i) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, or (ii) should 1 become subject to the worker's compensation provision of Section 3700 of the Labor Code for any reason, I shall forthwith comply with those provisions and send evidence of compliance to the City of Bakersfield. Date: /01 SIA Name: R1'661rCA vim$ r ►.► Name: (Print type) (Signature) Company Name (if any): Aepr �ad ��rp��r,✓ r �'.��. Title: Telephone: �a 7 -� Warning: In California, failure to secure workers' compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000). In addition to the cost of compensation, damages may be assessed as provided for in Section 3706 of the Labor Code, including, but not necessarily limited to, interest and attorney's fees. Risk Management - 09/ 19 EXHIBIT E TRACT No. 7262 PHASE 1 CONSISTING OF 3 SHEETS IN THE CITY OF BAKERSFIELD BEING A SUBDIVISION OF A PORTION OF PARCEL 1 OF PARCEL MAP WAIVER No. 17-0157 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 23, 2017 AS DOCUMENT No. 217143653 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. CONTAINING 37 RESIDENTIAL LOTS & 2 LANDSCAPE LOTS 12.33 GROSS ACRES OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO, THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP, AND THAT EXCEPT AS SHOWN ON THIS MAP AND STATEMENTS MADE A PART THEREOF, WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY, AND WE HEREBY CONSENT TO THE MAKING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE BOLD BORDER LINES AND HEREBY OFFER FOR DEDICATION TO THE PUBLIC USE, ALL THE STREETS SHOWN UPON SAID MAP WITHIN SAID SUBDIVISION. WE ALSO HEREBY DEDICATE FOR PUBLIC USE, EASEMENTS FOR PUBLIC UTILITIES, UNDER, ON, OR OVER THOSE CERTAIN STRIPS OF LAND LYING DIRECTLY ADJACENT TO THE FRONT AND/OR SIDE LINES OF LOTS AND ARE DESIGNATED 'PUBLIC UTILITIES EASEMENT" AS SHOWN ON SAID MAP. WITHIN SAID SUBDIVISION, SUCH STRIPS OF LAND ARE TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND. WE ALSO HEREBY DEDICATE TO THE CITY OF BAKERSFIELD, AN EASEMENT FOR LANDSCAPE PURPOSES OVER, ON AND UNDER LOTS "A" & 'B", AS SHOWN HEREON. SAID STRIPS OF LAND ARE TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND. WE ALSO HEREBY DEDICATE FOR PUBLIC USE, EASEMENTS FOR PUBLIC UTILITIES OVER, ON, AND UNDER LANDSCAPE LOTS "A" & "B", AS SHOWN HEREON. SAID STRIPS OF LAND ARE TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND. WE ALSD HEREBY DEDICATE TO THE CITY OF BAKERSFIELD, AN EASEMENT FOR PUBLIC SIDEWALK PURPOSES OVER, ON AND UNDER PORTIONS OF LOTS 1 THROUGH 4, 12, 13, 30 AND 31 AS SHOWN HEREON. FOR SUCH TIME AS PANAMA LANE AND RELIANCE DRIVE REMAINS A PUBLIC ROAD, WE ALSO HEREBY WAIVE ALL RIGHTS OF DIRECT ACCESS FROM LOTS 1 THROUGH 9, 25, 26 & 30 THROUGH 37, SO THAT THE OWNERS OF SAID LOTS ABUTTING SAID ROAD WILL HAVE NO RIGHTS OF DIRECT ACCESS WHATSOEVER TO SAID ROAD, EXCEPT THE GENERAL EASEMENT OF TRAVEL WHICH BELONGS TO THE PUBLIC. WE ALSO HEREBY DEDICATE TO THE CITY OF BAKERSFIELD, AN EASEMENT FOR WALL FOOTING PURPOSES OVER, ON AND UNDER LOTS 1 THROUGH 9, 25, 26 & 30 THROUGH 37, AS SHOWN HEREON. RGF LAND COMPANY, INC., A CALIFORNIA CORPORATION NAME TITLE NOTES SEE SHEET 3 FOR NOTARY ACKNOWLEDGEMENT AND SOILS NOTE. CITY CLERK'S STATEMENT THE CITY COUNCIL OF THE CITY OF BAKERSFIELD HEREBY ORDERS THAT THE MAP OF TRACT No. 7262 PHASE 1 IS APPROVED, THAT ALL EASEMENTS AND ACCESS RIGHTS SHOWN UPON THIS MAP AND HEREON OFFERED FOR DEDICATION BE AND THE SAME ARE HEREBY ACCEPTED FOR THE PURPOSE OR PURPOSES FOR WHICH THE SAME ARE OFFERED, AND THAT THE STREETS SHOWN UPON THIS MAP AND HEREON OFFERED FOR DEDICATION BE AND THE SAME ARE HEREBY ACCEPTED FOR PUBLIC USE SUBJECT TO CONSTRUCTION OF ALL IMPROVEMENTS BY THE SUBDIVIDER AND ACCEPTANCE OF ALL IMPROVEMENTS BY THE CITY OF BAKERSFIELD, AND THAT THE EASEMENT NOTED TO BE ABANDONED ON THIS MAP IS, IN ACCORDANCE WITH SECTION 66434(g) OF THE SUBDIVISION MAP ACT, IS HEREBY ABANDONED. IT DIRECTS THE CLERK OF THIS COUNCIL TO ENDORSE UPON THE FACE OF THIS MAP THIS ORDER AUTHENTICATED BY THE SEAL OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, AND IT HEREBY WAIVES, PURSUANT TO THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT, AND SECTION 16.20.060 OF THE CITY OF BAKERSFIELD MUNICIPAL CODE, THE REQUIREMENTS FOR SIGNATURES OF THE FOLLOWING INTERESTS: NAME NATURE OF INTEREST STINE CANAL COMPANY EASEMENT HOLDER PER BOOK 128, PAGE 284 OF OFFICIAL RECORDS. PACIFIC GAS & ELECTRIC EASEMENT HOLDER PER BOOK 1654, PAGE 18. COMPANY BOOK 5926, PAGE 2408 & DOCUMENT No. 0203276260 ALL OF OFFICIAL RECORDS. CITY OF BAKERSFIELD, EASEMENT HOLDER PER DOCUMENT No. 0214112482 A MUNICIPAL CORPORATION & DOCUMENT No. 02062OB46D BOTH OF OFFICIAL RECORDS. CITY OF BAKERSFIELD, EASEMENT HOLDER PER VOLUME 1, PAGE 27 AND A MUNICIPAL CORPORATION VOLUME 5, PAGE 579 BOTH OF THE MINUTE BOOKS AS SUCCESSOR IN INTEREST OF THE BOARD OF SUPERVISORS. TO THE COUNTY OF KERN DI NA K. LIGARI, ALSO KNOWN MINERAL RIGHTS HOLDER BELOW A DEPTH OF 500 AS DINA KATHLEEN LIGARI FEET WITH NO RIGHT OF SURFACE ENTRY PER DOCUMENT No. 0205240666 & DOCUMENT No. 0213183488 BOTH OF OFFICIAL RECORDS. JUDITH CLAIRE WALSH, MINERAL RIGHTS HOLDER BELOW A DEPTH OF 500 A MARRIED WOMAN FEET WITH NO RIGHT OF SURFACE ENTRY PER DOCUMENT No. 000214014480 OF OFFICIAL RECORDS. JOHN STANLEY ANTONGIOVANNI, MINERAL RIGHTS HOLDER BELOW A DEPTH OF 500 A MARRIED MAN & LINDA RAE FEET WITH NO RIGHT OF SURFACE ENTRY PER MCKENNA, A MARRIED WOMAN DOCUMENT No. 000214014481 OF OFFICIAL RECORDS. JOHN STANLEY ANTONGIOVANNI MINERAL RIGHTS HOLDER BELOW A DEPTH OF 500 AND LINDA RAE MCKENNA, FEET WITH NO RIGHT OF SURFACE ENTRY PER CO -TRUSTEES OF THE JOHN M. DOCUMENT No. 000214014482 OF OFFICIAL RECORDS. ANTONGIOVANNI TRUST OLD RIVER LAND COMPANY, A CALIFORNIA CORPORATION JANE A. UHALT, TRUSTEE OF THE JANE A. UHALT REVOCABLE TRUST ROBERT JOHN STEVENS AND CHARLES GERARD STEVENS, SUCCESSOR CO -TRUSTEES OF THE IRENE F. STEVENS SEPARATE PROPERTY REVOCABLE TRUST SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WTH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF RGF LAND COMPANY, INC., A CALIFORNIA CORPORATION IN JANUARY OF 2018, AND THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED HEREON OR THAT THEY WILL BE SET IN THOSE POSITIONS INDICATED WITHIN ONE (1) YEAR FROM THE RECORDATION OF THIS MAP OR PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. '���'�YcC"'9p uvoq � �g?�� 1 9 �yf1 IUN DATE LS. No. 5612 � y �q � SB1M1 �OF CAL1F�e PLANNING DIRECTOR'S STATEMENT THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD APPROVED OR CONDITIONALLY APPROVED THE TENTATIVE MAP ON OCTOBER 6, 2016, AND ANY APPLICABLE EXTENSIONS THEREOF. THE SUBDIVISION, AS SHOWN ON THIS MAP, IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND IN ACCORDANCE WITH ANY CONDITIONS APPROVED BY THE COMMISSION. CITY SURVEYOR'S STATEMENT I HAVE EXAMINED THIS MAP, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. RICHARD D. MEYER, CE28104 DATE CITY ENGINEER'S STATEMENT I, GREGG R. STRAKALUSE, HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR APPROVED ALTERATIONS THEREOF, THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT AND TIRE 16 OF THE CITY MUNICIPAL CODE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH TO THE BEST OF MY KNOWLEDGE AND BELIEF. A I HEREBY STATE THAT THE FOREGOING ORDERS WERE ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AT A MEETING HELD CITY CLERK AND EX-OFFICIO CITY CLERK OF THE CITY COUNCIL""RP1 OF THE CITY OF BAKERSFIELD. 0 PANAMA LOVE - 7 < PROJECT J SITE 10 BERKSHIRE ROAD SEC. 28 T. 30 S., R. 27 E. I , MCCUTCHEN ROAD VICINITY MAP NO SCALE RECORDER'S STATEMENT: FILED THIS DAY OF 20 , AT .M., IN BOOK OF MAPS, AT PAGE AT THE REQUEST OF DONALD J. BRITTON. JON L'EQL T BY: KERN COUNTY ASSESSOR -RECORDER (DEPUTY) SHEET 1 OF 3 SHEETS DONE BY: MEN DATE: 7/07/21 JOB N0.13-099.07 FILE: 1309907FMOI TRACT No. 7262 PHASE 1 CONSISTING OF 3 SHEETS IN THE CITY OF BAKERSFIELDfSO' WIDE COUNTY OF KERN PUBUC HIGHWAY BY ORDER OF THE BOPER OF CONTAINING 37 RESIDENTIAL LOTS & 2 LANDSCAPE LOTSEASEMENT MOON. N 1. SUP 27 & RS OF KERN COUNTY PER MINUTE P. 27 & WL 5, PG. 579 OF THE MINUTE II F . mR PER 12.33 GROSS ACRES o. v71 BOOKS R.1.FD , R/ Gs N. 7]�, re/s 6K Tz P - Ii PANAMA LANE N.1/a coR. sec. ze. 3o/2s 0RE e 20NC DN N I,. d 88'5J'3S YD NGIPIH LINE OF IFIE N.W. 114 OF 63B.21 SEC 2Q T. JO S, R. 27 E, PER R/S RE034115. RES BK] 29. PG 100 2034.8Y �% M.D.M.8SB.2i - n -'n'----------------------- n -------- GRANTED TO THE C.O.B. WAY 803.45' RIGHT ADDITIONAL STREET � n DEDICATED CITY OF BPRERSFlELO STREET n '-- - -- -RIGHT-OF-WAY - I in PER THIS MAP. OEOICAT' PER - o________________________ DOC Na. 0206208460 O.R. n$ ----------'----'�-- m --______ N 88'OS'51" W 1]9.04' - b -N 84.40'14' W^ m uj ,=0.01' '60.01' '57.76' .141.45'_ N 88'5)'35" W 2D5.30' _ �- ci N e)'S5'05" W 177.7 . w � : 2.25 60.1)' N 84'40'14' W :48.09 109.41 52.17' i �- LOT "A" 3 42.35, 19.78` N 82o7l.6 ' W a .__ _ ----------Y// LANDSCAPE &PUE 5885 SF - „. a 8B ." �' 9 o' I 7J38 SF P n ]8 Bf P N ] 0 SF 'gym n ]33G1, IF ry 9 ry P m 5 m 7028 SF v- 4 4� 1` a 8J98 IF s 8745 IF yb I w 49' 61' 7 ^ M 2 ^11.83'-�-_ h`1• 12688 SF I // G 10'PUE- = pPOii�b on �wo 80.00' 60.00' 60.00' 80.00' fi0.00' Ct3 C13 I' S.W.E. - iC21\> -� N 8829'35" W 311.83' PASS DRIVE =' C)\ d W I �d II w< 126.9-'35' 406.97' _ =.� 2' W.F.E --- �/ 6 rc 1 2P0.00' 1 1 1 W \ 1 n n ]]16' -� - N 8929'35' � o\ 10208 SF J o N 89771L�- JA23' d I ap rc 6 W B--89.91'_----_85.00' 174.81' in R1_ \ NOm N 8928'35' W L 8R2 16 'm Ct ''��• �----m -215"16' rc N s 69SO SF 1 m N B9'29'35' W " m N BBl W 103?SF_FINLEY n S9.23'69mN N 8929'35' W a < O_ no.00' O.DD' 10' PUE I� PARK STREET I� N 8929'35' W b 47,63' o go N 892B'35" 70.53• Oa:a ��CD ; 65.00' 30' SO' H m eB1 SF a m N 89'29'35 W 110.00' __- �� CJ N OT II N 44'39'09" E N 8929'35' W 112.63' 1 wO w N BB29'35' W - Os- C7 N 47.01' O 110.00' 1 B m 8800 SF Io m 37E. bI \ 7081 IF 14.26' 11 d W II Z \ aw µ � ^ Q I1 13598 50' =mm om 880048E o N 8910900'a w N 8929'35" W 117.76' 01 0 0- PUE Ji^ ,1FIIII fy-'ea 0 = R2 b R21 N 8929'35' W 110.00' 10' PUE o 19 F 36 < n Q y Q II 0] W 2 0.83• 8800 SF W m 7077 SF m rH > \W 1L1 I 13 N 8929'35' W to 110.00' � I y N 8929'35" W � 11&14' I11 I 2 IF V ,'� s.wE m ]818 IF 2' W.F.E. W II \r A�p�O' SwE�4 N 1m g 8800DSF g m '80 m 7100, 3F a � II 2 c2a / gal o•W NAO. •' m q n 3 W I I NORTH C4 \ r• S.w.E N 8929'35' W g W N B9'29'35" IN 11B.51' m• C\S.� SCALE: 1" = 60' 110.00' 1 G:D t0' PUE �Ni II 60 30 a 60 120 21 g 34 u 12 16444 SF 6600 IF d m F, m 7122 SF n N 8979035N W iio.w N 89'29'35" W 118.89' --- 'a.f g m J145 33m 5F EMORY ISLAND A q°4e 1 n2ss2sF _- OCR N �28Z�. m b N 8928'35' W WAY NOTES O O 2O `` 0�3 8.1FO9a SEE SHEET 3 4,pF✓ `9 ry?QT' W R21 15.93' 1IB27' 1C0 M N LH wR/6.c. Nlnl;C."es aces' PER 'P qC O "✓ 1 N,� 1 32 g GD71 SF N Cl�CA�I1 2��JFC 7 rqA ,I, �12Q'Pp� S1Be2 3 C W 6aICI P cs. 116��19 2e o SERE SHEET 3 �R2 RI3_ N 89'29'3Y W I I 112.74' 41 I 42 �� 6� ry • / B562 SF w V w I 0� ABANDONMENT NOTE vv eo 24 vvv iTo 4' 0 8543 SF 4 41 UPON RECORDATION OF THIS MAP, THE FOLLOWING \\ N EASEMENT SHALL BE ABANDONED WITHIN THE 1' S.W.E. BOUNDARY OF THIS MAP IN ACCORDANCE WITH SECTION 66434(g) OF THE SUBDIVISION MAP ACT: �\ �\ `� \ \5 / .' S� N 30 �L\ ill 0 IF AN EASEMENT GRANTED TO THE CITY OF, os \ 4\i .` ut QT. " gE DETAIL 'A' I BAKERSFIELD FOR TEMPORARY ACCESS AND 'o �°j N de ~ iy Qn FLOWAGE & DRAINAGE PURPOSES RECORDED �\ ��J2' 2f Z.�.f.' �' 65 O9SF ON SHEET 3 45. O FU Aucu5T 28, 2020 AS DOC. v aa�.� `` \ i `y' s ,a No. 220119120 O.R. A �B�J}, n 0 4O �" / / ra z 60038SF BASIS OF BEARINGS sF 751 y7n \ ti \ Pir. \ \ . `0 2' W.F.E. ^ F1. coNc. moN. w e.H. THE BEARING OF N 00.30'20" E SHOWN FOR THE EAST LINE OF THE 4AzsFnb \ ra, \ \ ? o NORTHWEST QUARTER OF SECTION 28, T. 30 S., R. 27 E., M.D.M., TRACT wn RcI4No nn Pes es-s7 RECORD OF SURVEY No. 3746, RECORD OF SURVEY BOOK 32, oo . i+ \ \ '� p ID-ssF�� PAGES 4 & 5 WAS USED AS THE BASIS OF BEARINGS HEREON. .50� EASEMENT LEGEND J 1. EASEMENT DEDICATED TO THE STINE CANAL COMPANY FOR CANAL \\ 9O S.B. RI IF rffi RIGHT-OF-WAY AND INCIDENTAL PURPOSES RECORDED JUNE 25, 1928 9 n gm IN BOOK 128, PAGE 254 O.R. F�9Lti (THE EXACT LOCATION IS NOT ASCERTAINABLE FROM RECORD) \\ � e�\\ "P�e-� -__ _ �n \ 2. AN EASEMENT IN FAVOR OF PACIFIC GAS & ELECTRIC COMPANY FOR \ �F6 `?0 C7 p1`y �B \ w�W o w;� PUBLIC UTILITIES AND INCIDENTAL PURPOSES RECORDED OCTOBER 16, 1986 IN BOOK 5926, PAGE 2408 O.R. BUILDING \ \ 1 f��\ m�m (THE EXACT LOCATION IS NOT ASCERTAINABLE FROM RECORD) SETBACK NOTE \\��' ` pU STRUCTURES INCLUDING �`. �j �C`/o �` IRS=b'-' ❑A ACCESSORY BUILDINGS^` S AND SWIMMING POOLS ARE PROHIBITED. ?`1' ` RECORDER'S STATEMENT: �v ��70.27 ' u' \ \ ` \ I` FILED THIS DAY OF 20 AT .M., IN BOOK OF MAPS, AT PAGE AT THE REQUEST OF CENTER SEC. ze DONALD J. BRITTON. , 30/27 T` \ + c + Fo�2'RI.PE.ws ae e: PENNY PARCEL 1 TAc IRS 363" PEre - P.M.W. No. 17-0158 - y p R/5 N. 1711, FEE PC 32, / �`PER C.O.C. REDDROEO s74 A 56, - P. 4 & 5 / JON LFOUST BY: lF OF CALIF --_ - �/ Do ER 9, 201) AS KERN COUNTY ASSESSOR -RECORDER (DEPUTY) - r DOC. Na. 21]135308 O.R. SHEET 2 OF 3 SHEETS DONE BY: MEN DATE: 7/07/21 JOB N0.13-099.07 FILE: 1309907FMOI TRACT No. 7262 PHASE 1 CONSISTING OF 3 SHEETS IN THE CITY OF BAKERSFIELD CONTAINING 37 RESIDENTIAL LOTS & 2 LANDSCAPE LOTS 12.33 GROSS ACRES A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CAUFORNIA ) COUNTY OF ) ON BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE PRINTED NAME: MY COMMISSION IS IN THE COUNTY OF MY COMMISSION EXPIRES: MY COMMISSION I.D. NO. V W.F.E. I i I I j3 jd > w w m n 30 a S o U a r W . n ry I I ^g 26 Ilb I LEGEND A FOUND MONUMENT AS DESCRIBED 0 SET 2" I.P. W/HUB AND TAG MARKED "L.S. 5612" ® SET CONC. MON. IN L.H. W/BRASS CAP STAMPED "LS. 5612" 0 SET PENNY BRASS TAG ON WALL OR CONC. MARKED "L.S. 5612" G > RECORD BEARING AND/OR DISTANCE PER RECORD OF SURVEY No. 3746, R/S BK. 32, PGS. 4-5 [ ] RECORD BEARING AND/OR DISTANCE PER RECORD OF SURVEY No. 3415, R/S BK. 29, PG, 100 INDICATES WAIVER OF DIRECT ACCESS PER THIS MAP ABBREVIATIONS FD. FOUND DOC. DOCUMENT rL CENTERLINE N.. NUMBER LH. LAMPHOLE M. MAP CONC. CONCRETE R/S RECORD OF SURVEY MON. MONUMENT BK. BOOK B.C. BRASS CAP PG. PAGE I.P. IRON PIPE O.R. OFFICIAL RECORDS L.S. LAND SURVEYOR T. 30 S. TOWNSHIP 30 SOUTH SEC. SECTION R. 27 E. RANGE 27 EAST COR. CORNER M.D.M. MOUNT DIABLO MERIDIAN RAD. RADIAL P.M.W. PARCEL MAP WAIVER PILE PUBLIC UTILITIES EASEMENT C.O.C. CERTIFICATE OF COMPLIANCE L1 LINE NUMBER FOR DATA C.O.B. CITY OF BAKERSIELD (SEE LINE TABLE) SF SQUARE FEET C1 CURVE NUMBER FOR DATA S.W.E. SIDEWALK EASEMENT (SEE CURVE TABLE) DEDICATED PER THIS MAP R1 RADIAL NUMBER FOR DATA W.F.E. WALL FOOTING EASEMENT (SEE RADIAL TABLE) DEDICATED PER THIS MAP RADIAL TABLE RADIAL BEARING R1 N 8179'25' E R2 N B9'29'35" W R3 N DW25" E R4 N 1924'48" W RS N 48'39'34" W R6 N —'25" E R7 N 45'20'S1" W R8 N 4 13'04" E R9 N 89'29'40" W R10 N 16'5751" W R11 N 40'39'33" W R12 N 25TV40" W R13 N 6B'52'12" W R14 N 70'35'14" E NOTES A PENNY BRASS TAG MARKED L.S. 5612 WILL BE SET WITH EPDXY ON TOP OF CURB FOR A WITNESS CORNER ALONG THE PROLONGATION OF THE PROPERTY LINE FROM ALL FRONT LOT CORNERS. A 1/2" DIA. IRON ROD WITH A PLASTIC CAP MARKED LS. 5612 WILL BE SET AT ALL REAR LOT CORNERS, EXCEPT AT BLOCK WALL LOCATIONS, WHERE A PENNY BRASS TAG MARKED L.S. 5612 WILL BE SET WITH A CONCRETE NAIL IN THE WALL ALONG THE PROLONGATION OF THE PROPERTY LINE. THE BOLD BORDER INDICATES THE BOUNDARY OF LAND SUBDIVIDED BY THIS MAP ALL DISTANCES AND DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. INFORMATION SHOWN ON BOUNDARY BETWEEN TRACT No. 7305 PHASE 2 & RECORD OF SURVEY No. 3746 AND THIS TRACT IS MEASURED SAME AS RECORD. SOILS NOTE A PRELIMINARY SOILS REPORT DATED MARCH 7, 2016, HAS BEEN PREPARED BY KRAZAN & ASSOCIATES, INC. AND SIGNED BY DAVID R. JAROSZ, II, R.C.E. 60185 AND IS ON FILE IN THE CITY BUILDING DEPARTMENT. IN ACCORDANCE WITH SECTION 16.44.040 OF THE CITY MUNICIPAL CODE, NO BUILDING PERMIT SHALL BE ISSUED FOR ANY LOT IN ANY SUBDIVISION UNTIL ALL GRADING HAS BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED GRADING PLAN AND A FINAL SOILS REPORT HAS BEEN SUBMITTED TO AND APPROVED BY THE BUILDING DIRECTOR. RECORDER'S STATEMENT: cY �� LPNOq g FILED THIS DAY OF 20 AT .M., y IN BOOK OF MAPS, AT PAGE , AT THE REQUEST OF �q a 56\D' wi DONALD J. BRITTON. OF CAl\f0�' < JON LIFOUIST BY: KERN COUNTY ASSESSOR —RECORDER (DEPUTY) SHEET 3 OF 3 SHEETS DONE BY: MEN DATE: 7/07/21 JOB IN .13-099.07 FILE: 1309907FMOI wpm o ZO ww�FF� Y - - 3 ap Y yaR f / < 2 �� ��4°" � oaz a W->aF-pImo <.n o p mmYy2 OF_ u'i cai p 6W<�~ .o�Q w N O N NWE j�rFyrjO yas aNO� a¢�>� m Z'6,30pK>n "4�/) fli`P .O FE zaa�Qw Q a p J w W goad 040 ¢wrn�w xmaFamw wo �maz�, nr rcim<ao��� a No .gym �� =`napo ¢o w _oZo m- a II¢ 0JJ Qa DQ r7o NQa w¢wz mUr0 al F� QK>10�W N = DWI ��o om aswm M O wo�z zo�w o�maa m �o�¢ m NH w o>N�n a'z iNwa w zPz m0N=F,F "��¢z oW'WiNow= �Y as m3Z Xw p�-"LLB �k'�F oN m - U E w ti a w N Q O W O z¢ w W 0 Z a O H m Z¢ x W U m j o ZO ¢¢ Q F o W (/) w O0W awz-�z E is a 0ZQ oiUojr ��aa oo�y> i W�o>m lil s woz¢3od �a��� in>`n < w N`jw . ow F o O U az-px�oo mozw _p w Q ao 0 Ld �lL wmosNcpiFaoz> �a N1F �mpo a ao a � N O a oao opwLL ¢r=Fw-ao zo z C ooa�w w -FFw G a O W a>caiak'a woaNz - m JwFm g<��ainzw� - > W O �oz I z�k' m zz JZo w m z Q 3 a s ' ire xoz oaFo O �ZH ¢uxi zm o�� ay' aoamo w maaar~-' w wOUI aUpaz��o 9i Jomymm ws,n�a� O m9 U ww Q IO� �waa<c2.imos<a o� �maN3 �YW ���asaco> w v= i$ r N a< ocv0 W U w Y H OmZOJ _ 0¢�O� oK'Wap�a - 1. <m n vpi a w a wUQ�N ay�W'oo� Fop m wz oai oa¢ oaz Qam .� W War=� 2 y�m �o SFwO C)z x>~N 2Y¢ 2YQ 2 ,LL, ofLLj LdLul, Ad � U� . 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O O U) f 0 Lr _ JUJ�8OEs�888v EC!$CCyy�Bej�j,s=pig{OO@'yKv.`$s8�voxjis ��a�� •C i — iy N ' .p ,® J Y ® N $ e Q y �' ; k U I = C W JC �r C ry gy �y VAcc <ry�.. Ofei aVM1 S ®t mms ..��'GG"�V��Yh/ O T a q^ 3h Z w ry Qw • �. 3 Q' cC t�' � � ®' • SQ 3AV V � Q H Ni C.1 AWO + s N1 dCJH � ®` N w : ir an ` sl” uo a MMt o v. v of I c r s i • 9 a ce • a W r + C L) ne n U UJ } w AlO wra•�a�•�®+»� AIWOO uj m LS K N •*•a •* %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent —Agreements i. TO: Honorable Mayor and City Council FROM: Rick Anthony, Director of Recreation and Parks DATE: 2/8/2022 WARD: Ward 6 SUBJECT: Amendment No. 1 to License Agreement No. 12-040 with Golden Empire Youth Football (GEYF) (five year term extension) for maintenance of football facilities located at Kaiser Permanente Sports Village Complex on the North Side of Taft Highway, between Ashe Road & Gosford Road (9001 Ashe Road). STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: On March 7, 2012, City and Golden Empire Youth Football (GEYF) entered into License Agreement No. 12-040, wherein GEYF would utilize the Football Facilities located on the north side of Taft Highway, bordered on the east by Ashe Road and on the west by Gosford Road (9001 Ashe Road). The facility is currently known as Kaiser Permanente Sports Village (KPSV). GEYF utilized the facility for the purpose of conducting events and activities related to football, including but not limited to, practices, matches, tournaments, sponsorships, and fundraising. The initial License Agreement had a term of ten (10) years with two additional five (5) year periods based on mutually agreed upon terms and conditions by the parties. The initial agreement is set to expire on March 7, 2022. Amendment No. 1 to License Agreement 12-040 will continue to grant GEYF a long-term revocable license for use of the football fields, goal posts, electric utilities (collectively referred to as Football Facilities) for five (5) years in exchange for GEYF bearing all costs for maintenance of said Football Facilities. Additionally, the City and GEYF agreed that in the event the City desires to utilize the Football Facilities for a City sponsored special event, City shall compensate GEYF for each special event based on existing rental fees that GEYF charges. The purpose of the compensation is to alleviate any loss revenue that GEYF may experience from a City sponsored event. Staff recommends that Amendment No. 1 to License Agreement No. 12-040 be approved with GEYF with mutually agreed upon amended terms. ATTACHMENTS: Description Type Agireeiment Wth GE` F:: Agireeiment [.)ocusigin 13 unimairy I aadkup Material DocuSign Envelope I D: F6853722-CA1 F-4294-A477-F71 B9809FO72 AGREEMENT NO. AMENDMENT NO. ONE f MTO LICENSE AGREEMENT NO. 12-040 THIS AMENDMENT NO. ONE (1) TO AGREEMENT NO. 12-040 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as "CITY"), GOLDEN EMPIRE YOUTH FOOTBALL (referred to herein as "GEYF"), a California non-profit corporation. RECITALS WHEREAS, on March 07, 2012, the CITY and GEYF entered into License Agreement No. 12-040, wherein GEYF will utilize the Football Facilities located on the north side of Taft Highway, bordered by east Ashe Road and on the west by Gosford Road, currently known has Kaiser Permanente Sports Village, for the purpose of conducting events and activities related to football, including but not limited to, practices, matches, tournaments, sponsorships, and fundraising; and WHEREAS, the initial License Agreement had a term of ten (10) years with two additional five (5) year periods based on mutually agreed upon terms and conditions by the parties; and WHEREAS, the initial License Agreement is scheduled to terminate on March 7, 2022; and WHEREAS, CITY is willing to continue to grant a long-term revocable license to GEYF for use of the football fields, restrooms, goal posts and electric utilities (collectively referred to herein as Football Facilities) for five (5) years in exchange for GEYF bearing all costs for maintenance of said Football Facilities; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend License Agreement No. 12-040 as follows: 1. Section 1 of License Agreement No. 12-040 entitled "GRANT OF LICENSE" is hereby amended to read as follows: 1. GRANT OF LICENSE. In consideration of GEYF providing and bearing all costs for maintenance of Football Facilities, effective the first date above, City hereby grants GEYF a revocable license to utilize the Football Facilities for the purpose of conducting events and activities related to football, including but AMENDMENT TO AGREEMENT S:\ADMINISTRATION DIVISION\Agreements\2022\GEYF Agreement Renewal\Golden Empire Football —Amend 1.doc(VGK Edits).doc - February 9, 2022_rmistry -- Page 1 of 3 Pages -- DocuSign Envelope I D: F6853722-CA1 F-4294-A477-F71 B9809FO72 not limited to practices, matches, tournaments, sponsorship and fundraising. In the event the City desires to utilize the Football Facilities for a City sponsored special event, City shall compensate GEYF for each special event based on existing rental fees that GEYF charges. The purpose of the compensation is to alleviate any loss revenue that GEYF may experience from a City sponsored event. 2. Section 2 of License Agreement No. 12-040 entitled "TERM" is hereby amended to read as follows: 2. TERM. The term of this License Agreement shall be for five (5) years. Before the conclusion of the five (5) year term, GEYF may request an extension of the term of this License Agreement for one (1) additional period of five (5) years upon terms and conditions mutually agreed to by the parties. Any request for term extensions shall be exercised by written notice to the address set forth in Paragraph 15, by GEYF to City, and shall be made within at least one hundred twenty (120) days of the expiration of any five (5) year term. In the event that CITY has constructed additional football fields in future phases of the Kaiser Permanente Sports Village, City has the option to grant renewal of the contract terms, but move GEYF to additional constructed comparable football fields. 3. Except as amended herein, all other provisions of License Agreement No. 12-040 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One [1] to License Agreement No. 12-040 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor "GEYF" GOLDENT EMPIRE YOUTH FOOTBALL 11 Sig d by: �I°otn U ift By: FUl{3gLl'fLi iAES. Title: CEO ADDITIONAL SIGNATURES ON FOLLOWING PAGE AMENDMENT TO AGREEMENT S:\ADMINISTRATION DIVISION\Agreements\2022\GEYF Agreement Renewal\Golden Empire Football —Amend 1.doc(VGK Edits).doc - February 9, 2022_rmistry -- Page 2 of 3 Pages -- DocuSign Envelope I D: F6853722-CA1 F-4294-A477-F71 B9809FO72 APPROVED AS TO CONTENT: RECREATION & PARKS DEPARTMENT EllocuSigned by: By:& Qy oval 2'5�93'C'iZ82'C3 RICK ANTHONY Director of Recreation & Parks APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney am VIRIDIANA GALLARDO-KING Deputy City Attorney II DocuSigned by: Insurance Approved by jf�" Risk Management: '7c" COUNTERSIGNED: RANDY MCKEEGAN Finance Director AMENDMENT TO AGREEMENT S:\ADMINISTRATION DIVISION\Agreements\2022\GEYF Agreement Renewal\Golden Empire Football —Amend 1.doc(VGK Edits).doc - February 9, 2022_rmistry -- Page 3 of 3 Pages -- Certificate Of Completion Envelope Id: F6853722CAlF4294A477F71B9809F072 Status: Completed Subject: Please DocuSign: Golden Empire Football —Amend 1.doc(VGK Edits).pdf Source Envelope: Document Pages: 3 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 City Clerk's Office AutoNav: Enabled city_clerk@bakersfieldcity.us Envelopeld Stamping: Enabled IP Address: 174.46.226.5 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original Holder: City Clerk's Office Location: DocuSign 2/11/2022 2:28:02 PM city_clerk@bakersfieldcity.us Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bakersfield Location: DocuSign Signer Events Signature Timestamp Ron White Doc Signed by: EE70A39221C774E5..w weft Sent: 2/11/2022 2:33:46 PM geyfexecutive@att.net Resent: 2/11/2022 2:34:47 PM CEO Viewed: 2/11/2022 6:13:50 PM Security Level: Email, Account Authentication Signed: 2/11/2022 6:14:17 PM (None) Signature Adoption: Pre -selected Style Using IP Address: 108.220.105.96 Electronic Record and Signature Disclosure: Accepted: 2/11/2022 6:13:50 PM ID:3df1abdd-5c12-423c-b2f1-Ob9100bf91ea Rick Anthony Er25C94C1282C34BE DocuSignedby: Sent: 2/11/2022 6:14:19 PM ranthony@bakersfieldcity.us & W6" Viewed: 2/14/2022 9:21:22 AM Security Level: Email, Account Authentication Signed: 2/14/2022 9:24:15 AM (None) Signature Adoption: Pre -selected Style Using IP Address: 174.46.226.5 Electronic Record and Signature Disclosure: Accepted: 2/14/2022 9:21:22 AM ID:b9c021c0-e77f-43b1-8224-923e9fc2cOc1 Jena Covey by: Sent: 2/14/2022 9:24:17 AM jcovey@bakersfieldcity.us ED,cuSi,"ed UAA ""IViewed: 2/14/2022 10:47:36 AM I' 179F22205DDCE48B... Security Level: Email, Authentication Signed: 2/14/2022 11:00:20 AM (None) Signature Adoption: Pre -selected Style Using IP Address: 174.46.226.5 Electronic Record and Signature Disclosure: Accepted: 2/14/2022 10:47:36 AM ID:7c52d7f8-0425-4cb5-aac9-cd5c286ded5f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/11/2022 2:33:46 PM Certified Delivered Security Checked 2/14/2022 10:47:36 AM Signing Complete Security Checked 2/14/2022 11:00:20 AM Completed Security Checked 2/14/2022 11:00:20 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 4/20/2020 8:19:04 AM Parties agreed to: Ron White, Rick Anthony, Jena Covey ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield. %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent —Agreements j. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: 2/15/2022 WARD: SUBJECT: Amendment No. 1 to Agreement No. 2021-118 with Loop Electric, Incorporated. ($150,000; revised not to exceed $456,585) to continue the supply of vehicle loop cutting and horizontal boring services. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On June 2, 2021, the City Council approved the annual contract for the supply of vehicle loop cutting and horizontal boring services with Loop Electric, Incorporated, in the amount of $306,585; renewable annually thereafter for four consecutive one-year periods. This contract is utilized by the General Services Division for various vehicle detector loop installations, some requiring horizontal boring. In just the short period of time from August 2021 to February 2022, the General Services Division spent over $250,000 on loop cutting due to the significant increase in street milling and paving by the Streets Division. Urgent repairs requiring horizontal boring has also contributed to the increase in spend levels. Currently, there is $32,000 remaining on the contract. If approved, Amendment No. 1 will increase compensation by $150,000 for a revised not to exceed amount of $456,585 to allow the continuance of vehicle loop cutting and horizontal boring services to the term date of June 1, 2022. Funds are budgeted in the General Fund and Capital Outlay Fund for this contract. ATTACHMENTS: Description Type 1 i irned aima;indirm7ei nt No. '1 to agirir t 2021 118 Agin,eirmnei nt AGREEMENT NO. 2021 -1180) AMENDMENT NO. [11 TO AGREEMENT NO. 2021-118 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 2021-118 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and LOOP ELECTRIC, INCORPORATION (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on June 2, 2021, the CITY and CONTRACTOR entered into Agreement No. 2021-118 in the amount of $306,585 for the supply of vehicle loop cutting and horizontal boring; and WHEREAS, the parties desire to enter into Amendment No. one (1) to Agreement No. 2021-118 to increase compensation by $150,000 to allow the continuance of supplying vehicle loop cutting and horizontal boring services. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 2021-118 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 payment NOT TO EXCEED FOUR HUNDRED FIFTY-SIX THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS ($456,585) in accordance with the bid documents. 2. Except as amended herein, all provisions of Agreement No. 2021-118 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. one (1) to Agreement No. 2021-1 18 to be executed the day and year first above written. — Page 1 of 2 Pages — "CITY" "CONTRACTOR" CITY OF BAKERSFIELD LOOP ELECTRIC, INCORPORATION By: By: KAREN GOH Mayor Print NameAAallew Title: Z&esz(�e APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: GREGG STRAKALUSE Public Works Director COUNTERSIGNED: By: RANDY McKEEGAN Insurance Approved by Finance Director Risk Management: — Page 2 of 2 Pages — %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent —Agreements k. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 2/16/2022 WARD: Ward 4 SUBJECT: Amendment No. 2 to Agreement No. 2020-023 with Mark Thomas & Company ($15,000; not to exceed $191,540 and extend term to December 31, 2022), for the Rosedale Highway Widening Project between Calloway Drive and Verdugo Lane (Segment 2). STAFF RECOMMENDATION: Staff recommends approval of the amendment. 1_T01:(r]:Z0111Ll 113 On July 18th, 2012, Mark Thomas & Company was awarded the contract to design the Rosedale Highway Widening project. The design was completed in March 2014, and although the project was originally intended to be done as a single project, the construction of the project was split into four segments due to funding limits. Due to higher than anticipated construction costs, only Segments 3 and 4 were constructed and completed in December 2016. Mark Thomas & Company also provided construction and post construction support services for Segments 3 and 4. More recently, funds became available to build Segment 2 of Rosedale Highway between Calloway Drive and Verdugo Lane. To bid the project, the existing plans and specifications needed to be revised to accurately reflect the Segment 2 work. Since the Engineer of Record for the initial design was Mark Thomas & Company, City Council approved Agreement No. 2020- 023 with Mark Thomas & Company on February 19, 2020 for $142,080 to update the design and specifications to meet current standards and to provide support services during and after construction. On February 3, 2021, the City and Mark Thomas & Company entered into Amendment No. 1 to Agreement 2020-023 to revise the scope of work to include design of accessibility improvements to the pedestrian facilities and also to improve the flow line profile within the project limits. The revised scope resulted in additional plan sheets and revisions to the design from what was initially proposed. The cost increase for Amendment No. 1 was $34,460. Amendment No. 2 will add additional funds to the Agreement to have Mark Thomas & Company continue construction support and prepare record drawings at the end of the project. This amendment also extends the expected completion date to December 31, 2022. The cost increase to this amendment is $15,000 for a total not to exceed amount of $191,540. Sufficient local funds have been budgeted to cover this amendment, and there are no impacts to the General Fund. ATTACHMENTS: Description Type irnnn,indi1rneint No. 2 to Agreement 2020 023 Agreement AGREEMENT NO. 2020-023 (2) AMENDMENT NO. 2 TO AGREEMENT NO.2020-023 This AMENDMENT NO. 2 TO AGREEMENT NO. 2020-023 is made and entered into on ("Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and MARK THOMAS AND COMPANY, INC., a California Corporation ("CONSULTANT"). R E C I T A L S WHEREAS, on February 19, 2020, CITY and CONSULTANT entered into Agreement No. 2020-023 ("Agreement" herein), wherein CONSULTANT would provide Design Services for the Rosedale Highway Widening Project - Segment 2 Project ("Project" herein) for an amount not to exceed One Hundred Forty -Two Thousand Eighty Dollars ($142,080.00); and WHEREAS, on February 3, 2021, CITY and CONSULTANT entered into Amendment No. One (1) to address additional scope of services to include full ADA upgrades within the project limits. The additional amount for the scope of services was increased by $34,460 for a total compensation amount not to exceed One Hundred Seventy -Six Thousand Five Hundred Forty Dollars ($176,540); and WHEREAS, the parties now desire to enter into Amendment No. Two (2) to the Agreement to be able to provide additional design service, continue to provide construction support, and prepare as-builts at end of project as outlined in Exhibit A-2, attached hereto and incorporated herein by this reference; and WHEREAS, the Compensation/Payment Procedure will also need to be increased $15,000 for a total compensation amount not to exceed One Hundred Ninety -One Thousand Five Hundred Forty Dollars ($191,540), as a result of additional work to be paid as outlined in Exhibit A-2; and WHEREAS, the termination date for the Agreement will also need to be extended in order to complete the new Scope of Work. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows: Amendment No. 2 to Agreement No. 2020-023 Page 1 of 5 Pages 1. Section 1 of the Agreement entitled "SCOPE OF WORK" is hereby amended to read as follows: I. -SCOPE OF WORK. In exchange for the Compensation (defined below), CONSULTANT must competently and thoroughly design and engineer Segment 2 of PROJECT as specifically described in CONSULTANT's scope of work, as provided in Exhibit "A", Exhibit "A-1" and Exhibit "A-2", and incorporated herein by this reference. CONSULTANT's services shall include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. 2. Section 2 of the Agreement entitled "COMPENSATION/PAYMENTPROCEDURE" is hereby amended to read as follows: 2. COMPENSATION/PAYMENT PROCEDURE. In exchange for performing the Scope of Work, CITY will pay CONSULTANT as provided in Exhibit "B" and Exhibit "B-1" and as follows ("Compensation"): 2.1. Actual Costs. CITY will reimburse CONSULTANT's actual costs (including labor costs, employee benefits, overhead, and other direct costs) in an amount not to exceed $191,540.00 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in CONSULTANT's cost proposal. CITY will pay CONSULTANT within 30 days after CONSULTANT submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONSULATNAT for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONSULTANT. In no case will CITY compensate CONSULTANT more than $191,540.00 for performing the Scope of Work. 3. Section 3 of the Agreement entitled "TERM" is hereby amended to read as follows: 3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on February 28, 2023. 4. Section 6 of the Agreement entitled "TIME FOR COMPLETION" is hereby amended to read as follows: 6. TIME FOR COMPLETION. CONSULTANT must complete the Scope of Work by December 31, 2022. Amendment No. 2 to Agreement No. 2020-023 Page 2 of 5 Pages 5. Except as amended herein, all other provisions of Agreement No. 2020-023 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to the Agreement No. 2020-023 to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH, Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: GREGG STRAKALUSE Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney II Insurance: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Exhibits: Exhibits A-2 "CONSULTANT" MARK THOM COMPANY, INC. By: Ed N )riega Type or Print Name: Title: Division Manager JHR/vlg S:\Public Works\Agrs\21-22\MakTomasondCo-20-023-Amend2.Agr.docx Amendment No. 2 to Agreement No. 2020-023 Page 3 of 5 Pages EXHIBIT A=2 Amendment No. 2 to Agreement No. 2020-023 Page 4 of 5 Pages m MARK THOMAS February 7, 2022 Ravi Pudipeddi City of Bakersfield 1600 Truxtun Avenue, 3rd Floor Bakersfield, CA 93301 RE: Rosedale Highway Widening Project (Verdugo Lane to Calloway Drive) PS&E - Amendment 2 Dear Ravi, As discussed, the City would like to redesign 44 driveways to be consistent with City standard drawing ST-4, ST-4.1, and ST-7. As you know, we've already exhausted our limited construction support budget. We are requesting to augment our construction support budget; so we can continue to provide the services needed. We are requesting the following scope and fee. REVISED SCOPE OF WORK Task 5. Construction Support Mark Thomas shall update the design of the driveways to current City standards and submit exhibits for the Contractor to build from. Mark Thomas will incorporate these revisions into the project As-builts. FEE: The additional fee estimate for the revised driveway design scope of work herein is $15,000. If you have any questions regarding this amendment, please do not hesitate to contact me at enoriega@markthomas.com or 530-848-1222. Sincerely, Division Manager Amendment No. 2 to Agreement No. 2020-023 Page 5 of 5 Pages %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent —Agreements I. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 2/10/2022 WARD: SUBJECT: Contract Change Order No. 1 to Agreement No. 2021-200 with GSE Construction ($64,412; revised not to exceed $1,264,412) for the Wastewater Treatment Plant No. 3 Primary Clarifiers 3 & 4 Rehabilitation project. STAFF RECOMMENDATION: Staff recommends approval of the contract change order. BACKGROUND: This project provides for the rehabilitation of two off-line primary clarifiers (Clarifiers 3 and 4) at Wastewater Treatment Plant No. 3 (WWTP 3). Each clarifier has a drive unit, which at the time of design were assumed to be in good working condition. However, during the construction phase, substantial degradation of the drive housing coating system with areas of surface corrosion were discovered. After evaluating the available options, it was determined that fully rebuilding the drive units is the most cost effective remedy, and will ensure efficiency and longevity of the clarifiers. Contract Change Order No. 1 provides for the following: completely disassemble drives into individual parts and components; steam clean and inventory all parts; blast clean bases, main gear, housings, covers and end cap; replace all wear items; deburr and hand dress teeth of all gearing, pinions, worm gear assemblies, worms and shafts; polish all shafts; replace drive control torque indication device; paint blasted surfaces; freight to/from rebuild shop; and, one year mechanical warranty for new components. If this work is not done at this time, a new project scope will have to be developed and budgeted for in the future. This change order results in an increase of $64,412. Original Contract Amount = $1,200,000.00 Amended Contract Amount after Change Order No. 1 = $1,262,412.00 Net I ncrease to Date = $64,412.00 Sufficient funds are budgeted to fund the proposed change order. Sewer Enterprise funds provide the funding source for this project; therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description Type Contract CIhnai n e Order No. 't to Agreement No. 202'1 200 Agireeirnnent COPY DISTRIBUTION: ORIGINAL -CITY CLEM WHITE -CONTRACTOR, BLUE -CONSTRUCTION, GREEN -CONTRACTOR'S INFO, YELLOW-CALTRANS, PINK E'NGR., GOLD -PURCHASING. CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 21-200 CHANGE ORDER NO. 1 P.O. NO. PROJECT: Wastewater Treatment Plant No. 3 SHEET Primary Clarifiers 3 & 4 Rehabilitation CONTRACTOR: GSE Construction Company, Inc. ADDRESS: 7633 Southfront Road, Suite 160 Livermore, CA 94551 OF N/A FEDERAL NO. (S) 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 ofwork 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. Campos SUBMITTED BY: R. Campos DATE: February 9, 2022 Construction Superintendent Construction Superintendent EXTRA WORK AT AGREED LUMP SUM PRICE Complete rebuild of Two (2) C40HT Drive Units: Completely disassemble drive into individual parts and components; Steam clean and inventory all parts; Blast clean bases, main gear, housings, covers and end cap; Replace all wear items i.e. bearings, bearing strip liners, bearing balls, seals, gaskets, keys, retaining rings, grease fittings, gauges, piping and fasteners; Deburr and hand dress teeth of all gearing, pinions, worm gear assemblies, worms and shafts; Polish all shafts; Replace drive control torque indication device; Paint blasted surfaces; Drive units freight to/from rebuild shop; Replace gear oil. _ $64,412.00 $64,412.00 The contractor agrees to accept a lump sum price of $64,412.00 as full compensation, including all mark-ups, for performing the above mentioned work. ACCOUNT NO (S) ESTIMATED COST: INCREASE $64,412.00 DECREASE By reason ofthis order the time of City Council Approval Required YES XX completion will be adjusted as follows: NONE Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date NO We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this p osal is approved, that We will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services aeces ary for a ntk abovespecified, and will accept 0 full payment therefor the prices shown above.. Accepted, Date: '� _Contractor: Title: �� %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent —Agreements m. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 2/11 /2022 WARD: Ward 2 SUBJECT: Contract Change Order No. 1 to Agreement No. 2020-093 with Sancon Technologies Inc. ($224,666.31; revised not to exceed $281,736.31), for the Sewer Rehabilitation (Cl PP Liner) F Street between 24th Street and 26th Street Project. STAFF RECOMMENDATION: Staff recommends approval of the contract change order. BACKGROUND: The work to be performed consists, in general, of installing 541 LF of Cured -In -Place -Pipe (Cl PP) Liner within an existing 8-inch host pipe located along F Street between 24th and 26th Street. Other work includes cleaning and video inspection of the 8-inch sewer line and manhole rehabilitation of one (1) existing manhole using epoxy and polyurethane spray on liner. The project also requires a temporary sewer bypass system and traffic control & detour plans. Contract Change Order No. 1 provides for the repairing and coating of two manholes and the rehabilitation and coating of one manhole on ChesterAvenue. During the emergency repair work on Chester Avenue, which occurred at approximately the same time as the F Street project, it was discovered that the protective coating in three sewer manholes was deteriorated and was no longer protecting the inside of the manholes. In order to maintain the structural integrity of the manholes the City directed Sancon Technologies Inc., the contractor for the F Street project, to repair the liner in two manholes and rehabilitate the third manhole before coating each with 125 mils of polyurethane. The contractor has agreed to do the above mentioned work for the lump sum price of $33,432.00. This change order also provides for cleaning, pre and post video inspection, and the rehabilitation of the existing 39" sewer pipe on Chester Avenue. The work also includes a 24 hour bypass system and plug required to perform the work. During the emergency repair work on Chester Avenue, the existing 39-inch sewer line in the intersection of Chester Avenue and Richland Street was found to be deteriorated. In order to re-establish the structural integrity of the pipe, the City directed the contractor to rehabilitate a 26-foot long section of the 39-inch diameter pipe. The contractor agrees to provide all confined space equipment, install a 24 hour bypass system for the length of the project, install and remove a sewer plug, clean the pipe using a high velocity water system, install the Cl PP liner, and provide pre and post video inspections for the lump sum price of $191,234.31. The total cost increase for Contract Change Order No. 1 is $224,666.31. This is the first change order to date on this project and reflects a total cost increase of $224,666.31 (393.7 percent increase of the original contract amount) as illustrated below: Original Contract Amount = $57,070.00 Total of Previous Change Orders = $0.00 Current Contract Change Order = $224,666.31 Amended Contract Amount after Change Order = $281,736.31 Net Increase to Date = $224,666.31 Sewer Enterprise Funds are budgeted for this change order. ATTACHMENTS: Description Type Contract CIlra inge Order No. 1 to Agreement I o. 020 093 � th Sa i nn,on "'IC'�olhnirnollogies Inc. foir the, Sewer IRehna�Ik:lilllitatlioirn tic,t irc:��,irn~o�,irnt CIIIP P II....lineir li::: Street liaetweein 24tlh Street and 2 tl['n Street Il:Iroja: ct. OAVC OBTRADITn"PT "OrIMA11crM CLUX, "UMA (W'DACMR. WKI V00. VULAYW-CAUMNS, VVK MM, CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO, 2012C-093 CHANGE ORDER Ncl I P. M NO, 20,4870 PROJECT: Sew Rehabdiltation (CIPP Lintrj F fteet SHEET 1 OF 1 bet"en 24th Strom and 26th treal CONTRACTOR: Sanom jgengM!Ls Inc. WA AODRESS: 5841 Engineer Drive FEDERAL NO. (S) ttlumntDT Crd1 Bea ch&A,92649 YOU ARE HERESY ONECT91) TO MAKE THE HEREIN 09SCIUSED CHANGES PIROM 114E PLANS AND SPIWIFICATIONS OR 00 THE FOLLO"M VWRK W3CRWO NOT INCLUD90 IN TIft PLANS AM SPMWICATIONS ONTIAG CONTRACT. NOTE This chanz ordw Is not affeedwo untl aEgrowed hx Cu!y C-nd] w Ca Eng"Of Urkks Wlwwwr pwnod. Van fil WNI aragrt uipwew Wwo ady sadl rult Al, &PUPT'Ing r, baralb Ilud NEI w Alu'"Uvc %IN In xw& FEN uir due, CHANGE REQUESTED SY,: R- CairnI24 SUBUTTED SY: R, Canle2s, DAM Januag 31, 2022 CoaribuctIon Superlwandeni Canstruction Suportntandent • Repair diamagied kinfer and coat exposed concrete in (2)1 inanhides, and rehabl and ooM (1), manhole, $33,432,00 • Clear, pre and post vidlec, and, rehabilittale 2V sechon of exisfing Wsewar Iripe wth CIPP iliner indudJng bypass and ptug, $19113411 $224,666.311 The contral agroes to accept a Wimp sum prIce Of $2!24,666 311 as futi compensation, loduding ail markups, for parfortning the al mentioned vmrk "la'aligal INCREASE $,224 ,"6.31 DECREASE Sy mason at Ills order the fime of City Council Approvall Required YES xx cowbol be adjusled as IOWWS; NOINE NO Appfwmd As to Formi CITY ATTORNEY Approwd by Do CouncH of My of Saks,;%ft1d Approvar flacornwowftdadCIfy FogIn"r May*$ Coumanftne& Mance tWeelar I= W'SO "'Wowwd w", Im"', 0— P P—A ..0 ff aw' Vw�-g 9'n u¢mma - '"11 pmwua M OVAP—t, 6-M A..M'Ah. —41 . -V W-6& be "W A— "a pffu6= ma mwk— Mmmu 7 &W to wad "I�t kp-&ML H(d w & "ur ma OOA Pyww dk"*� o' 1[41— iawu.0 0-in Acc*pied,DoW �Hjgg�w Cantram",,""',- Tow rA AN Pll %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent —Agreements n. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 2/11 /2022 WARD: Ward 6 SUBJECT: Contract Change Order No. 1 to Agreement No. 2021-139 with Griffith Company (78,197.37; revised not to exceed $3,523,932.37), for the Pavement Rehabilitation 2020-2021 RSTP: New Stine Road: Ming Avenue to Stockdale Highway Project. STAFF RECOMMENDATION: Staff recommends approval of the contract change order. BACKGROUND: The work to be performed consists, in general, of pavement rehabilitation on New Stine Road from Ming Avenue to Stockdale Highway. Work shall include full depth reconstruction of the existing pavement. Other items include roadway excavation, construction of new pavement using Hot Mix Asphalt (HMA), installation of pavement striping and markings, traffic detector loops, modification of existing curbs and gutters, access ramps to meet current ADA standards, installation of cross gutters, and adjustment of water valves, cleanout, manholes and monuments. This change order provides for the removal and replacement of 88,128 cubic yards of unsuitable material from the roadway section. During construction, it was discovered that multiple areas of the subgrade were unsuitable for Hot Mix Asphalt placement. In order to create a stable substrate and ensure the longevity of the HMA, the City directed the contractor to remove the unsuitable materials and replace it with asphalt grindings and/or hot mix asphalt. The contractor agrees to excavate and haul offsite 88,128 CY of unsuitable material, backfill the unstable areas with grindings or HMA, and compact and regrade the roadway subgrade for the lump sum price of $247,441.48. Contract Change Order No. 1 also provides for the restoration of the signal interconnect cable on New Stine Road. During the grinding operation, the grinding machine damaged a traffic signal interconnect conduit that was not shown on the approved set of plans. In order to restore the signal operation on New Stine Road, the City directed the contractor to remove and replace the damaged signal interconnect cable. The contractor has agreed to do the above mentioned work for the lump sum price of $6,447.19. This change order also provides for the installation of a new median nose on New Stine Road. During construction, it was determined that a median nose shown as existing on the approved set of plans did not exist. In order to rehabilitate New Stine Road as indicated on the plans, the City directed the contractor to install a new median nose. The contractor has agreed to do the above mentioned work for the lump sum price of $1,137.52. In order to construct the project per the plans and specifications, there were several contract item quantities that had to be either increased or decreased. These item adjustments will result in a decrease of ($176,828.82). The total cost increase of Contract Change Order No. 1 is $78,197.37. This is the first change order to date on this project and reflects a total cost increase of $78,197.37 (2.3 percent increase of the original contract amount) as illustrated below: Original Contract Amount = $3,445,735.00 Total of Previous Change Orders = $0.00 Current Contract Change Order = $78,197.37 Amended Contract Amount after Change Order = $3,523,932.37 Net Increase to Date = $78,197.37 Funding sources for this contract change order include Federal Transportation Funds and SB1 Road Maintenance & Rehabilitation Program Funds. Therefore, there is no General Fund impact associated with this change order. ATTACHMENTS: Description Type t'::poirntiract Chan e Order No. t to Agireeirneint 2021..1n. 9 a ins , IitJh �::�irlittlitJh t:toin�lpa i ny foir tthe1F:Iavei nn«r,irnt IRellnrnitnlilllit.�;ntlioi n Agree mentrnt �?020 2021 IE S 11�IC:: INew Stliirne IRoa do : M irng Anr(:,irnu.je to Stockatalle IN°Illi tn any 1F"irojiect U yN, In fl Wilig I I (PPIAI I I'V U1 A. "Qffld '("W ill"AUR"R M IN 61, k I tWnukk To KRb Y61 LANV'Ck6 FVAP" PP'k HNAR 60L D'MIM PM&Q, CITY OF BAXERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 2021-139 CHANGE ORDER NO, 1 10, NO, 214954 PROJECT: Pavement Rehatolgafion 2020-2021 RSTPI HEET 1 OF Nev CONTRACTOR: Griffith Compainy, -.5109 �262 ADDi 1128 Gander Parkway Ave FEDERAL NO. (S) Bailrersfield, CA 93308 YOU ARE HEREIRY DIRECTED TO MAKE THE KEREIN OFSORISED CHANGES, FROM THE PLANS AND SPECIFICATIONS OR 00 THE POLLOVONG WORK DESCRISED NOT VaCLUDED AN THE PLANS AND SPECAFICATIONS ON THIS CONTRACT. NOI Thh; chap, artai is not effective unfill —piourid by City Coun 11 or CA' V cad iii Sqycgow twq— sT&m re "'ALA 111.&.N i".0, uVeld IOU -1 4"'t U."aunu' CHANGE REQUESTED GY. R-Campos susielmo BY; R, Campos DATE. EC�1, 20�22 CoflStruclio. Soporinfiendont Construction EXTRA WORK AT AGREED LUMe §WM PRICE' • Remove and dispose of unstwilable material ofli barickffil and Compact, and regrade 64 area, u $247,441,48 • Repair damaged traft signat sAe mlonnw condut and fiber ai catfle, $6,447,19 • Form and Pour new me6ahs nose at 200 INevy, Stme Road, ILMR $266,0211 Th a Contractor agrees to accept 0, lump sum price of $255,026, 19 as full compensafion, including alf mark-ups, I performing the above men twined wark. INCREASE CONTRACT ITEM AT CONIRA—CT PRICE * Ilaim #15 -Bar Concrete - d Curb & Gutter) 55,30 LF @ $63 00 per LF $3,483.90 * Item #11 6 •, Maw Concrete , d Cross Guftrd) 8,32 79 S F @ S 11, 10 per S F $9,243.97 $12,72717 DERCREI CQNTRACT IT NI' AT NTRACT PRICE • Ilem #5 - Aditust Waiter Vai 4,00 EA Q $1650,00 EA ($6,600.1 • Item #6 - Adiust Manholes 100 EAQ $1850,00 EA ($r1,850,00) Item #12 - Hot Mira Asp iafld-TvDe A 2,569.79 TON @ $65.00 TON IS167,036 35� • Item if 14 • Minor Concrete - C Access R ami 751,08 SF C $14 20 per SF * Item #14 - Minar Concrete - d Commercial Drive Appri 132.13D SF @ $215,00 per SF ($3,300 00� * lem #27 - Fire Hvdrant IMarker,s 7 OD EA 0 $15DO EA ($10500) j$189,666.69) ACCOUNT NO JSI 121-4031-822-80411 TIK311 $6922813 152-41I31-SL2-8041 TIK311 $6,969,24 INCREASE ..... 179,197A7 DECREASE By reason W this ardor lh# how al City Council Appi Required YES xx coffli WAI be Aui as torlowst NONE NO Approved As to Forruz CITY ATTORNEY Api by the Council of City at Sakenliold Approval Recorno*ni City Engineer Mi Countervigni Foriance Diractor Date ,A,, * ""I GinAafllu ucwwffim snnmrt.am.ovru"A b, 1-40—' —P I A, -A J,— fa (114IFFITH COMPAIii %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Bids o. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 2/4/2022 WARD: Ward 3 SUBJECT: Accept bid and approve contract with Chrisp Company ($47,178) for construction of Bike Route/ Lane Improvements - Bakersfield College Area. STAFF RECOMMENDATION: Accept low bid and approve the contract. BACKGROUND: The City successfully applied for a California Transportation Development Act Article 3 (TDA Article 3) grant to install bike lane and route improvements in the Bakersfield College Area. The street locations for these improvements were identified in the City's adopted Bicycle Transportation Plan. Improvements include installation of roadside signs and bike lane striping and markings. The engineer's estimate for this project is $67,200. On Feb 1, 2022, a total of three bids were received. All bids are acceptable. The following bids were received: Chrisp Company 436650 Osgood Road Fremont, CA 94539 in the amount of $47,178.00 American Enviro Services, Inc. 15513 Chateau Montelena Dr. Bakersfield, CA 93314 in the amount of $66,976.00 Safety Striping Services, Inc. 6868 Ave. 305 Goshen, CA 93227 in the amount of $67,140.75 Sufficient TDAArticle 3 funds are budgeted for this project. ATTACHMENTS: Description Type Coinstin..idoin Piroje�ctAgireeirneint Agireeirneint AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT This CONSTRUCTION PROJECTS AGREEMENT ("Agreement") is made and entered into on ("Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and CHRISP COMPANY, (a California Corporation) ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to retain CONTRACTOR to construct the Bike Route/ Lane Improvements - Bakersfield College area ("Project"), as set forth herein, which is not paid for with federal funds. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. 1.1. In exchange for the Compensation (defined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project ("Scope of Work"). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not. The following documents are incorporated herein as if fully set forth: ➢ Notice to Contractors ➢ Special Provisions Bid Proposal ➢ Bidder's Bond Performance Bond ➢ Material and Labor Bond ➢ Letters of transmittal, if any ➢ All provisions required by law to be inserted in this Agreement whether actually inserted or not G:\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane Imprvmnts-T7K231\Construction Projects Agr.docx Page 1 of 12 ➢ Current State of California DAS 140 Form (if required by Specifications) ➢ Drawings, if any ➢ Public Contract Code § 22300 (Escrow Accounts) ➢ Current State of California DIR - PWC 100 Form ➢ Required Federal -Aid Contract Language (Exhibit 12-G) (if Project Federally Funded) Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12-G) (if Project Federally Funded) Subcontracting Request Form (Exhibit 16-B, LAPM) (if Project Federally Funded) ➢ Prevailing Wage Rates (Davis -Bacon) (if Project Federally Funded) Title VI Assurances and Appendices (if Project Federally Funded) 1.2. If CITY is receiving federal -aid for the construction of all or a portion of the Project, CONTRACTOR must physically incorporate all federally required contract provisions, including Form FHWA-1273, in their various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA-1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of this Agreement. 2. COMPENSATION/PAYMENT PROCEDURE. 2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project, in an amount not to exceed Forty Seven Thousand, One Hundred Seventy Eight Dollars and Zero Cents ($47,178.00) ("Compensation"). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) G:\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane lmprvmnts T7K231\Construction Projects Agr.docx Page 2 of 12 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent from payments to CONTRACTOR, unless otherwise prohibited by law. 3. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling.. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project, for example), and may require those schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 5. TERMINATION. 5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 5.1.1. A material breach of the contract where CONTRACTOR fails to cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot reasonably be cured within ten days, CONTRACTOR must have taken significant steps to cure the breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately beginning to cure the default; 5.1.2. CONTRACTOR's violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency applicable to the Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure; G:\GROUPDAT\AGREEMENTS\Chhsp Company\Bike Route -Lane Imprvmnts-T7K231\Construction Projects Agr.docx Page 3 of 12 5.1.3. CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; and 5.1.4. CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances within ten days with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. CONTRACTOR's failure to provide all information requested by CITY will be a material breach of this Agreement. 5.2. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY; however, CITY may accept or reject those subcontracts at its sole discretion. 5.3. Should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other Compensation shall be due CONTRACTOR for termination for convenience. b. 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. 7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and G:\GROUPDAT\AGREEMENTS\Chdsp Company\Bike Route -Lane Imprvmnts-T7K231\Construction Projects Agr.docx Page 4 of 12 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. 8. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 12. 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. 13. 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. 14. INSURANCE AND SECURITY. G;\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane 1rnprvmnts-T7K231 \Construction Projects Agr.docx Page 5 of 12 14.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 14.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 14.1.2. Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 14.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 14.1.2.2. Provide products and completed operations coverage; 14.1.2.3. Provide premises, operations, and mobile equipment coverage; and 14.1.2.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the G:\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane Imprvmnts-T7K23t\Construction Projects Agr.docx Page 6 of 12 provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.2. General Provisions Applyinq to All Insurance Types. 14.2.1. All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 14.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 14.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:Vll. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 14.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as G:\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane Imprvmnts-T7K231\Construction Projects Agr.docx Page 7 of 12 evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 14.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 14.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 14.3. Security. CONTRACTOR shall provide performance and labor and material security in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR begins to perform the Scope of Work. 15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. G:\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane Imprvmnts-T7K231\Construction Projects Agr.docx Page 8 of 12 17. REMEDIES. 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 make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the Project and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees that CITY may withhold from any funds held by CITY concerning CONTRACTOR's performance of the Scope of Work amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. 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. 21. 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 made available to CITY representatives upon request at any time during regular business hours. 22. 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 G'.\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane Imprvmnts-T7K231\Construction Projects Agr.docx Page 9 of 12 assigns. 23. 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. 24. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. 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. 26. 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. 27. 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. 28. GOVERNING LAW. The laws of the, State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 29. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 30. 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 and signed by all the parties. If any modification of this Agreement results in total Compensation which exceeds $40,000, the modification must be approved by the City Council. 31. NON -INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). G\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane Imprvmnts-T7K231\Construction Projects Agr.docx Page 10 of 12 32. 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: CHRISP COMPANY David L. Morris 43650 Osgood Road Fremont, California 94539 33. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 35. CONTRACTOR'S LICENSE INFORMATION. License Number 374600 Expiration Date 05/31 /2023 License Classification A - General Enaineerinq C13 - Fencing C32 - Parking and Highway Improvement 36. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 94-2578099 CONTRACTOR is a corporation? Yes Z No (Please check one.) G:\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane Imprvmnts-T7K231\Construction Projects Agr.docx Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney LIM JOSHUA RUDNIK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT M0. GREGG STRAKALUSE Public Works Director COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director "CONTRACTOR" CHRISP COMPANY / - N By6 PRINT NAME: . . . .... .................. . . ............ Title: E&r_c.Lky,,_,_\L- L ,, P(e,,E;Ae-,,T , G:\GROUPDAT\AGREEMENTS\Chrisp Company\Bike Route -Lane 1rnprvmnts-T7K231 \Construction Projects Agr.docx Page 12 of 12 %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Bids p. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: 2/17/2022 WARD: SUBJECT: Accept bid and approve contract to Kemira Water Solutions, I ncorporated ($139,395.72) for the annual contract to supply ferric chloride. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for an Annual Contract to supply ferric chloride. Two bids were received in response to solicitation. To determine the lowest bidder, the bid specifications required bidders to provide a price per dry ton with a specific saturation per gallon based on the estimated usage of 60,000 gallons per year. The contract award is for a one-year period. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Wastewater Plant 3 uses ferric chloride in the digesters to reduce the concentration of hydrogen sulfide in order to maintain compliance with permit requirements issued by the San Joaquin Valley Unified Air Pollution Control District Air Board. Sewer Enterprise funds are available for this contract. The two bids received are as follows. BIDDER PRICE PER TOTAL AFTER APPLIED DRYTON FORMULA INCLUDING SALES TAX Kemira Water Solutions, Inc. $912.00 $139,395.72 Lawrence KS California Water Technologies, $1,155.00 $187,162.09 LLC Santa Fe Springs, CA Staff finds the bid submitted by Kemira Water Solutions, Inc., Lawrence, KS to be acceptable and recommends approval of the contract in the amount of $139,395.72. ATTACHMENTS: Description Type Agireeirneint Agireeirneint F-Mel'a 44A141 ilk k Milk THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and KEMIRA WATER SOLUTIONS, INC. ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of supplying ferric chloride. 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 all materials, labor, equipment, permits and services necessary to fulfill the requirements of Bid No. 21-22-62 and any addenda thereto, all incorporated as though fully set forth herein. 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. The following shall be deemed to be part of this Agreement as if fully set forth herein: • Invitation to Bid No. 21-22-62 • Bid Proposal • Non -Collusion Affidavit • Worker's Compensation Insurance Certification • Statement of OSHA Compliance • State of Compliance with Insurance Requirements • All provisions required by law to be inserted in this Agreement whether inserted or not. 2. COMPENSATION. Cornpensafion for all work, services or products called for under this Agreement shall consist of a total payment of ONE HUNDRED THIRTY NINE THOUSAND THREE HUNDRED NINETY FIVE DOLLARS AND 72/100 ($139,395.72) in accordance with the bid documents. 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. INDEPENDENT CONTRACTORS AGREEMENT 21-22\A-C Fealc C..hlmde F ebrcuary 17, 2022 -- Page 1 of 9 Pages -- 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. 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:\PURCI NASlt4G\Ilt)fc�,i\Kirn\Agieeri)erits 21-22\A-C Ferric Chlofide Februcxy ➢7, 2022 -- Page 2 of 9 Pages -- 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 Agreeryienf are deemed incorporated in this Agreement, whether actually attached. 12. TERM. The term of this Agreement shall be one (1) year from the date of execution. The Agreement may be extended for four one (1) year increment under the same terms and conditions upon the mutual, written consent of CITY and CONTRACTOR. 13. TERMINATION. This Agreement may be terminated by any party upon fen (10) days written notice, served by r-nail 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 fax 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, INDEPENDENT CONTRACTOR'S AGREEMENT 5:\PURC6iASI�,4G\Purch\Kom\Agretryients 21-72�A�C Ferric Chlonde February 17,2022 -- Page 3 of 9 Pages -- 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 way the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, fools, 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. 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 or) a first -dollar coverage basis, or contain a deductible provision. Subject to INDEPENDENT CONTRACTOR's AGREFIVIENT S:APURCHASANGVur&,\Wn \Ageemeros 21-2.2\A-C, Feric Chloride February d 7, 2022 -- Page 4 of 9 Pages -- 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 er-riployer'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 subrogafion 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 rafirg as approved by CITY's Risk Manager', but in no event less than A-:Vll. 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--:Vll, 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 endorsement required have not been provided prior to f he execution of this Agreement. INDEPENDENT CONTRACTORS AGREEMENT 21,22\kC_'Fer6C r'hl(Drdr.,y February 17, 2022 -- Page 5 of 9 Pages -- 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 If 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 cir-nount 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 harr-nless 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 fhe California Civil Code shall not apply to the interpretation of this Agreement. INDEPENDENT CONTRACTOR'S AGREEMENT 21-22)\A,C Ferric C::hlo, ide February 17,2022 -- Page 6 of 9 Pages -- 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: KEMIRA WATER SOLUTIONS, INC. 4321 W. 6th St. Lawrence, KS 66049 785-842-7424 785-842-2629 (Fax) 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 Agreernenf (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, fort 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 parfies. 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 INDEPENDENTGONTRACTOR'S AGREEMENT S:\PU RC HAS I NGVurc h'\WrTAA9reernen1 s 21-22\A-C Ferric Chloride Febuor y P 7, 2022 -- Page 7 of 9 Pages -- 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 terry) 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 firTle during regular business hours. 30. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warranf 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. CONTRACTOR's Federal Tax ID Number: 59-3657872 CONTRACTOR is a corporation? Yes X 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:\PUPCHASH 4C;1,Kh\Ki \A9feernents 21-22N,A-C Ferric Chdorkle February 17,2022 -- Page 8 of 9 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year firsf-above written. "CITY" CITY OF BAKERSFIELD 0 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney IN .32 M JOSHUA H RUDNICK Deputy City Attorney GREGG STRAKALUSE Public Works Director RANDY McKEEGAN Finance Director INDEPENDENT CONTRACTOR'S AGREEMENT S:\PURC HA Sit,G\Purch\Kim\A gre<,nie fits 21 .22\A-C Ferric Chkxide February 17, 2022 "CONTRACTOR" KEMIRA WATER SOLUTIONS, INC. By:... Print Nan-ic: Christirla M. Irnbrogno . . ....... . Title: Manager Insurance:—.--,,, -- Page 9 of 9 Pages -- %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Bids q. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: 2/17/2022 WARD: SUBJECT: Accept bid from Bear Cloud Technologies, Inc. ($186,128.70) for Juniper@ switch replacement. STAFF RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited from suppliers for Juniper@ switch replacement. Three (3) bids were received in response to the solicitation. This purchase will replace and modernize various pieces of networking equipment throughout the City known as switches. Switches are the building blocks of data and voice networks as they connect buildings to one another electronically as well as being the point where electronic devices plug into the network. They are electronic distribution points. The City has standardized on Juniper Networks® products for many years. This purchase will replace and modernize various pieces of network equipment throughout the City. This effort spans all wards and will replace network switching and fiber optic devices which are end of life and fully depreciated. It also adds modern redundancy protocols to the City's network for voice and data. Funds are budgeted in the Equipment Management Fund for this purchase. The three (3) bids received are as follows: BIDDER AMOUNT Bear Cloud Technologies, Inc. $186,128.70 San Francisco CA Questivity, Inc. $190,979.74 Santa Clara CA Hypertec USA, Inc. $195,446.73 Tempe, AZ Staff finds the low bid submitted by Bear Cloud Technologies, I nc. to be acceptable. %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Bids r. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: 2/17/2022 WARD: SUBJECT: Accept bid from Bakersfield Harley-Davidson, Bakersfield ($276,825.10) for Police Special Motorcycles. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for eight Police Special motorcycles. One bid in the amount of $276,825.10 ($34,603.14 per unit) was received from Bakersfield Harley-Davidson in response to the solicitation. Four Police Special motorcycles will replace police sedans that meet the criteria for replacement as determined by the Fleet Division; funding is budgeted in the Equipment Management Fund. Four motorcycles are additional units budgeted for purchase in the Public SafetyNital Services Fund. Staff finds the bid submitted by Bakersfield Harley-Davidson for $276,825.10 to be acceptable. %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Bids s. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: 2/17/2022 WARD: SUBJECT: Accept bid from Bear Cloud Technologies, I nc. ($40,593.75) for MI ST wireless access points for Technology Services. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited from suppliers for MIST wireless access points. Three (3) bids were received in response to the solicitation. These devices are scheduled replacements for aging Cisco on -premises centrally controlled wireless access points that will soon reach the end of support by the manufacturer with Juniper Networks' cloud -based (MIST) controlled access points. These devices provide wireless access to the City's network within City buildings and facilities. The new control method allows support staff to enhance after-hours and remote support capabilities. Funds are budgeted in the Equipment Management Fund for this purchase. The three (3) bids received are as follows: BIDDER AMOUNT Bear Cloud Technologies, Inc. $40,593.75 San Francisco CA W isecom Technologies, Inc. $79,563.21 Lanham MD Charity IT $82,540.63 Costa Mesa CA Staff finds the low bid submitted by Bear Cloud Technologies, Inc. to be acceptable. %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent — Miscellaneous t. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 12/7/2021 WARD: SUBJECT: Appropriate $130,700 California Transportation Development Act Article 3 grant funds to the Public Works Department's Capital Improvement Program budget in the Bikeway and Pedestrian Pathway Fund for the following projects: Bakersfield Bike Education Programs; Bakersfield Bike Parking; and County Dump Road Bike Path (Fairfax Road to Paladino Drive). STAFF RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The City received Transportation Development Act Article 3 (TDA 3) grants totaling $130,700 from the Kern Council of Governments for bicycle and pedestrian -related activities. These grant funds are awarded under three categories: infrastructure, bicycle parking, and education and outreach. Please note the City applied for and received the maximum amount of available funds under the categories of bicycle parking and education and outreach. The infrastructure funds are split evenly between the City and County for a joint project on both the City and County's right of way. Bakersfield Bike Education Program - $2,000: Bike Bakersfield will conduct several community outreach and education events to increase the awareness of bicycle and pedestrian safety and the many benefits of bicycling for health and transportation. Events can be tailored for youth and/or adults and may be held at parks, community centers, or schools. Bakersfield Bike Parking Program - $3,000: This grant includes purchasing and installing bicycle parking racks in locations including, but not limited to, the downtown area. The bicycle parking racks may include the current decorative (bicycle -shaped) racks found in the downtown area. Additional styles may be considered as well. County Dump Road Bike Path (Fairfax Rd. to Paladino Dr) - $125,700: This grant includes construction of a Class 1 bike path on the County Dump Road alignment between Fairfax Road and Paladino Drive. The existing facility is an alignment with limited striping, shoulders, and signs. The proposed project will consist of a gate relocation, new bike path, roadway excavation, construction of new pavement, installation of striping and markings, and earthwork. The project area is in the City and County right of way. Due to TDA funding limits, the City and County submitted a joint application for this project. The Kern Council of Governments awarded $125,700 to the City and $125,700 to Kern County for this project. The City will fund the County's share of the project and request reimbursement when the project is complete. An appropriation of additional funds needed to construct this project will be made when project costs have been finalized. ATTACHMENTS: Description Type w aird II....etteir Backup ulp Material December 2, 2021 Mr. Ryan Starbuck City of Bakersfield, Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Starbuck: We are pleased to inform you that the City of Bakersfield has been awarded several projects through the Transportation Development Act Article 3 Program, administered by the Kern Council of Governments. The awards were made at the Council's meeting of July 15, 2021. The funding for the allocated projects is as follows: 1. $2,000 to fund the Bakersfield Bike Education program. 2. $3,000 to fund the Bakersfield Bike Parking program. 3. $251,400 (Includes $125,700 of City of Bakersfield award and $125,700 of County of Kern award) to fund the joint City/County Bike Path project along County Dump Rd. between Fairfax Rd. and Paladon Drive. To claim these allocations, the Kern Council of Governments must be notified, in writing, requesting the funding. The request must include substantiation of expenditure, such as construction contract, or a sales receipt. Funding may not be claimed more than thirty (30) days prior to project initiation. Please use reference Minute Order #21-03 when submitting the request for payment. Congratulations on being awarded funding in this very competitive program. Please contact me at your earliest convenince if I may be of any assistance in this or any other manner. Sincerely -- .>_....__.._......._..... _ Robert M. Snoddy Regional Planner CC: Rosanne Padley Yolanda Alcantar Hanh Ly Kern Council of Governments 1401 19th Streets, Suite 300 Bakersfield CA 93301 661-635-2900 Facsimile 661-324-8215 TTY 661-832-7433 www.kerncog.org %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent— Miscellaneous u. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: 2/17/2022 WARD: SUBJECT: Authorize the Finance Director to write off accounts receivable in various funds totaling $63,336.36 and forward non -bankrupt accounts to a collection agency for additional collection efforts. STAFF RECOMMENDATION: Staff recommends approval. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located, or bankruptcies are involved, and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (Collection Bureau of America) for further action. Historically 5-7% of City accounts forwarded to a collection agency are eventually recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) $ 17,167.36 Fire & Fire Safety (Environmental Services) 29,669.00 Other 16,500.00 TOTAL $ 63,336.36 ATTACHMENTS: Description Type lriite Off Am,Amni I1.)e talill Badkl ,.up Material w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > 0- w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w au U V u u V u V u V U V U V U V U V U u U U V u u V U V U V x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W p U U U p p U p O U u u u u u u u u u u u u u u u u u u U u u U u u u U U V U V U p p p U U u O 0 0 V V O V U O D U U U U U U U V V V V V V U V U V O V U O D U U 0 0 0 0 0 0 V U V O O Z V U V V J V J J V Z Z J Z Z J Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z J Z Z J Z Z Z J J J J J J Z Z Z J J p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ - - - - - - - - - - - - - - - - - - ~ ~ F- U W W W U U J U U J U U U U U U U U U U U U U U U U U V J U U J U U U J J J J J J U U U J J w K K K m m m W W w W W m W W W W W W W W W W W W W W W W W W m W W w W W W m m m m m m W W W m m J Z Z Z Z Q Z Q Q Z J J Q J J Q J J J J J J J J J J J J J J J J J J Q J J Q J J J Q Q Q Q Q Q J J J Q Q p Q Q Q Q z Q z z Q o O z O O z O o o o o o o o o o o o o o o o o o z p p z p p p z z z z z z O o O z z H w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O ^ o 7 N m V1 ID to Ol c . 7 . to . to . c � c . c . c . lD . 7 1. .-I c. .-I ci l0 lD l0 .-. .-I ci to .-i to lD .-I ci ci ci O1 lD .-I Ol m m N m M'D W I- O m M I, m V1 M Ln M M O M m M M M M Ln M O B LA M M M M V1 LA co M M M V1 M V1 �A M M M M I� V1 M QCO N 4° N N a c-I c-I 7 M 7' N M N M M ') M M M M M M N M LA m N M M M M N N� M M M N M N N M M M M Vl N M U U w U n Z V U u a U z U V U U (7 v� J l7 of U w O z U U 0 W J J z Z z U O O Z In J J Z O U J d Q O~ U cc J J J J J S z w m U w K H m W Q O�� C J J J J J O w U OU J W J W z O H J J V1 m m m > 0 o Z J J J J W U Of Z W 06 Z W W O d= K } w a j Q Q Q Q Q� U U � w Q W W J O W W W U W W Q O O VI VI J a U V U V U Q� Vl Q Z Q J_ w p U_ O Z J K K [C K [C Z w O 0 O O O O O U M �n — z K F, w K w= Q Z Z p - N Z U== o6 O z Q O Q �n w Q Q Q Z 0 0 a O Q J Z J w w O u' U K= U Zi N m O Q H z rc O W O Q w Q w—---- Q H Z J cc — — w o O Of Of m U Op O� Q a U w Z Q N w w w w Q w Q Q w W H Z LL w O Q Q Q Q Q w in O> O x p V o_ — Q a l7 ~ LL l7 U u U u U JO °� w Q vi W Z w w w a C7 Z O J LL U O a w Q LL LL o23 J w m Z Q w ry OZ wVW O �n w Q Z U U>cwd > ZaJ OQUN cc O JJ JJJw N� JioQD C Q Q In ZCJ a< O lQ7 U~W Z~LLv QW Q Q lOZn7 ON > QSSSC p O O O O O z Z ~ in pOoW a U p O z Z Q 0 ofwW O � IQ S Z mW 2 > J Q S W m Q J w U m LL v CL z r w = W Q ~ Z 0 ? 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O U W¢ O¢ H ¢p w} X p o? u z w z N> m z¢ N m> m 2 w la7 0 Q ¢ w U N LL N p J Q w¢ Q u w Q 7 V H d~> U v¢i Q w w V J v7i lm7 Q O w H p w d 3 Q �p d d22 N¢ a O d m ¢ a Q ¢ d O O o d Q > o d O ¢ v~i u � z a J o u z w w w o _ z u ~ a w w Q O o> O o z � a Z U O w O 2 Y 7 d a K a= p y K K U a a U Y p= °o Obi O a a a 2> 0 �¢ Q �n v 0� 0 0 O� u Z O m�� J0 Z Y d u O O 0 iz H Q N d 20 v- w z j v~i H a Q O Z d d p a U J >> w¢> LL H LL O Q l7 u 0 0 m O O w z v 0 O w a w u' w Q u w j~ Q O> N p U U j w Z m Z a= p v~1 H K=¢ o Q K N Q m o a a N z Z v~i vwi - a O d w 0 �n O> in m~ < O x O O O O u d= O a w N Q w 0 �¢a�a� ¢0 mco J z o �J O Q d l y a ~ O p d d u pJ ¢ J Z m 0 d> a p p ¢ l N N? Z N u > O d m o c a %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent - SuccessorAgency Business v. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: 1 /7/2022 WARD: SUBJECT: Receive and file SuccessorAgency payments from January21, 2022 to February 170, 2022, in the amount of $173,268.96. 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 has a Recognized Obligation Payment Schedule (BOPS) approved by both the Bakersfield Oversight Board and the DOF. 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 which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #9996220 to U S Bank Trust for $70,925.00 for interest on tax allocation bonds, Series 2009A & B, ROPS 21-22B, Line 6. Check #9996219 to U S Bank Cr: US Bank Trust NA for $102,343.96 for interest due 2/1/2022 on I Bank Loan Sales Agreement #CI EDB—B08-083, ROPS 21-22B, Line 18. ATTACHMENTS: Description Type 03 02 2022 Check IRea gi „teir SA F:1yrninis Backup Material 2/18/2022 AP - CHECK REGISTER - SUCCESSOR AGENCY PAGE 1 FROM 01/21/2022 - 02/17/2022 Check Vendor Number Number Vendor Name Check Date Check Total 9996220 24933 U S BANK TRUST Jan 27, 2022 $70,925.00 9996219 15633 U S BANK CR:US BANK TRUST NA Jan 27, 2022 $102,343.96 2 $173,268.96 Number Number Vendor Name E-Payable Date Amount 0.00 0 $0.00 Disbursement Total 2 $173, 268.96 S:\Accounting\KAROL\Admin - Council\2022\COUNCIL-SA\ %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent Calendar Public Hearings 9. a. TO: Honorable Mayor and City Council FROM: Paul Saldana, Economic and Community Development Director DATE: WARD: Ward(s) 6, 7 SUBJECT: Public Hearing to consider Action Plan Amendment to U.S. Department of Housing and Urban Development (HUD) Action Plan — Fiscal Year (FY) 21 /22: FY 21 /22 Amendment No. 1: Transfer funds from New Construction Assistance ($959,466 HOME) and additional program income ($120,534 HOME) to Sagewood Apartments ($1,000,000 HOME) and Self -Help Enterprises ($80,000 HOME) STAFF RECOMMENDATION: Staff recommends approval of the Action Plan Amendment. BACKGROUND: HUD Action Plan. The City receives funding from the U.S. Department of Housing and Urban Development (HUD) annually through the submission of an Action Plan, which describes all HUD -funded projects and activities for a particular fiscal year. The Action Plan identifies projects and activities to be undertaken with HUD funds and how they meet community housing, homelessness, and community and economic development needs. Each Action Plan is tied to the funding of the particular fiscal year in which the grant funds were received by the City of Bakersfield. Significant changes to an Action Plan requires Staff to process a Substantial Amendment. Staff is proposing Substantial Amendments for the HOME Improvement Partnership Program (HOME) fund, which are a part of the City's annual HUD Action Plan process. The City of Bakersfield receives an annual entitlement of HOME funds to invest in quality, affordable housing for low-income residents. At this time, one affordable housing project is requesting HOME funds, while another is requesting additional funding. In total, the requested amendments will accomplish the following: • Sagewood Apartments: HOME funds to be used for the development of a 72-unit affordable housing complex at 7246 Stine Road (APN: 515-031-06). The proposed amendment would commit funding $1,000,000 in HOME funding from the Action Plan. • Self -Help Enterprises Single -Family Housing Project: HOME funds to be used for Construction assistance for ten low-income single-family homes in a housing tract owned by Self -Help Enterprises near the northeast corner of Mountain Ridge Drive and McKee Road. The addition $80,000 in HOME funds will assist the developer in completing the final home in the project. Public Notice: A public notice for this action was published in English in the Bakersfield Californian, and in Spanish in El Popular on January 28, 2022, initiating a 30-day public comment period and providing 30-day notice of the public hearing. No comments have been received. Staff concludes that the proposed Action Plan Amendments meets all regulatory requirements and recommends that your Council approve the amendments. If approved, staff will amend the Action Plan to incorporate Sagewood Apartments and provide additional funding to Self -Help Enterprises Chardonnay Tract. ATTACHMENTS: Description Type Su irnirn iryofAcatlioin Plain Amendments f.: adku p Material Summary of Action Plan Amendments AMENDMENT NO. 1 FY 21/22 ACTION PLAN — M-21-MC-06-0503 Project ID Budgeted Budget Project Title & Description Activity Code/ Amount of Changes Citations/Nat./Obj. Funds INCREASE Sagewood Apartments (New Project) 12 HOME funds to be used for the Construction of development of a 72-unit affordable Housing housing complex at 7246 Stine Road. 92.205(a) Self -Help Enterprises (Bring in from 12 Another Action Plan) Construction of Construction assistance for ten low- Housing income single-family homes in a 92.205(a) housing tract owned by Self -Help Enterprises near the northeast corner of Mountain Ridge Drive and McKee Road. DECREASE Revised Total Funding $0 +$1,000,000.00 $1,000,000.00 $0 +$80,000.00 New Construction Assistance 12 $959,466-$959,466 Housing development costs associated Construction of with the acquisition and/or construction Housing of affordable housing. 92.205(a) Additional Program Income $0-$120,534.00 Additional program income accumulated during fiscal year 21-22 and programmed into the FY 21-22 Action Plan in accordance with HUD requirements $680,000 (cumulative budget) $0 $0 Page11 %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Consent Calendar Public Hearings 9. b. TO: Honorable Mayor and City Council FROM: Gregg Strakaluse, Public Works Director DATE: 2/8/2022 WARD: Ward 2 SUBJECT: Public Hearing to consider a resolution for a summary vacation of a portion of a storm drain easement located at 4900 California Avenue. STAFF RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The property owner of 4900 California Avenue has requested the summary vacation of a portion of a City of Bakersfield storm drain easement. This portion of the easement, along with the existing storm drain pipe, is being relocated to accommodate the construction of a parking garage. A new storm drain easement reflecting the relocation has recorded. The State of California's Streets and Highways Code (Code) provides regulations for two types of vacations — a summary vacation and a general vacation. Because summary vacations are less complicated, the Code exempts summary vacations from the resolution of intention (ROI ) process. The ROI process includes a notification to the public of the Council's intent of declaring the vacation and sets the public hearing date. This vacation meets the criteria of a summary vacation; therefore, an ROI is not required. However, as required, a notice of this public hearing has been duly advertised and posted. The City's Fire, Police, Public Works, Community Development, Recreation and Parks and Technology Services Departments have been notified of the request and no objections have been received as of the date of this report. The Public Works Department notes that there is no City sewer within the proposed vacated area. Utility companies serving the area have been notified by mail, and preliminary notices were also mailed to all adjacent property owners within a 300-foot radius of the proposed vacated area. Public Works has received no objections from utility companies and property owners as of the date of this report. The proposed vacation was approved by the Planning Department on February 8, 2022, per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility the action may have a significant effect on the environment. ATTACHMENTS: Description Type D R(',SdkAtoin Resolution D EkhdbitA I egal 1 )esciriptoin Exhit)R D Exhdbit IB Map Exhibt RESOLUTION NO. A RESOLUTION OF THE COUNCIL ORDERING THE SUMMARY VACATION OF A PORTION OF A STORM DRAIN EASEMENT LOCATED AT 4900 CALIFORNIA AVENUE (WARD 2) WHEREAS, the City is requesting to vacate a portion of a storm drain easement located at 4900 California Avenue; and WHEREAS, this summary vacation is eligible per Section 8334 of the Streets and Highways Code which authorizes the City Council to summarily vacate the portion of the storm drain easement as described above, which will be relocated; and WHEREAS, for the above -described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed action could have a significant effect on the environment; and WHEREAS, the Planning Department approved the summary vacation on February 8, 2022, per local ordinance and found it to be consistent with the Metropolitan Bakersfield General Plan. 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. 2. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. 3. The Council orders the vacation of a portion of a storm drain easement located at 4900 California Avenue, more particularly shown as Exhibit "A" and shown in Exhibit "B", attached hereto and made part hereof. 4. The City Clerk shall certify to the passage of this resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California --------------- o O o--------------- S:\STREET VACATIONS\4900 California Ave SD Easement Vacation\Resolution Final Hearing.doc Page 1 of 2 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 ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH Mayor of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY VIRIDIANA GALLARDO-KING Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" S:\STREET VACATIONS\4900 California Ave SD Easement Vacation\Resolution Final Hearing.doc Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION STORM DRAIN EASEMENT VACATION BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 7007 RECORDED AUGUST 17, 1983 IN BOOK 29, PAGE 189 OF PARCEL MAPS, KERN COUNTY OFFICIAL RECORDS; ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 34 AND THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE & MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MARELLA WAY AND THE WEST BOUNDARY OF SAID PARCEL 1 WHICH IS ALSO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 94.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 28°24'34" WEST, SAID POINT ALSO BEING THE START OF THE CENTERLINE OF A 20.00 FOOT WIDE STORM DRAIN EASEMENT DEDICATION PER DOCUMENT RECORDED AUGUST 11, 1983 IN BOOK 5578, PAGE 1988, KERN COUNTY OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE NORTH 17033'33" EAST, A DISTANCE OF 377.56 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 61°13'06" EAST, A DISTANCE OF 111.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID CENTERLINE NORTH 58059'05" WEST, A DISTANCE OF 11.57 FEET TO A POINT ON THE NORTHWEST LINE OF SAID STORM DRAIN EASEMENT; THENCE ALONG LAST SAID NORTHWEST LINE NORTH 61°13'06" EAST, A DISTANCE OF 85.01 FEET; THENCE DEPARTING LAST SAID NORTHWEST LINE SOUTH 31'00'55" WEST, A DISTANCE OF 39.76 FEET TO A POINT ON THE SOUTHEAST LINE OF SAID STORM DRAIN EASEMENT; THENCE ALONG LAST SAID SOUTHEAST LINE SOUTH 61013'06" WEST, A DISTANCE OF 39.01 FEET; THENCE DEPARTING LAST SAID SOUTHEAST LINE NORTH 58'59'05" WEST, A DISTANCE OF 11.57 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,240 SQUARE FEET, MORE OR LESS. M DERRILL G. WHITTEN JR., PLS 7816 5 � LAND SO, . wry P.L.S. No. 7816 4OF o�l?' Page 1 of 1 EXHIBIT "B" STORM DRAIN EASEMENT VACATION THIS MAP IS PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY LEGEND P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING N6113'06"E 85.01' N58*59'05"W 11.57' N6113'06"E 111.18'-----:30 T.P.O.B. S31 *00'55*W 39.76' SD EASEMENT VACATION AREA: ±1240 S.F. `--S6113'06"W 39.01' N58*59'05"W 11.57' //00000 PARCEL 1 PM 7007 "w// / 29-MAPS-189 /l .20 80� SO 5 57tAeue 8pAce vr , ptR P.O.C. 1988, 0. DERRIL G. WHITTEN JR., PILS NO. 7816 15ATE 0 GRAPHIC SCALE 10050' 01 50' 100' r —1 �77777 -------- 7777,---------- -771 IN FEET) 1 inch= 100 ft. LAND s, .W P.L.S. No. 7816 OF Ch- _,g40 %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Christian Clegg, City Manager DATE: 2/23/2022 WARD: SUBJECT: Fourth Public Hearing regarding Redistricting Ward Boundaries. Will be heard at 5:30 p.m. pursuant to California Elections Code Section 21628(c) STAFF RECOMMENDATION: Staff recommends Council comment and to provide staff direction BACKGROUND: Under the Bakersfield City Charter Chapter 11.1 and pursuant to the California Elections Code, following each decennial federal census, and using that census as a basis, the City Council is required to adjust the City Council ward boundaries so that the council wards are nearly equal in population. The Bakersfield City Council will be hosting its third public hearing on the Ward Redistricting process as an item on the City Council's regular meeting agenda. Per the California Elections Code section 21627.1 (d): "If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the council may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The time of the public hearing shall be noticed to the public." This hearing has been noticed to begin at 5:30 p.m. The presentation will be given by City staff and includes an overview of the City's ward redistricting process to date. Staff recommends Council comment and to provide staff direction. The public hearing is an opportunity to receive comments from the City Council and the public regarding the ward redistricting process and draft map. Public comments regarding the ward redistricting process can be submitted at any time outside of a public hearing setting by any of the means available on the City's redistricting website: https://www.bakersfieldcity.us/819Mard-Redistricting including by e-mail, online survey, mail, phone, or appointment. ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 New Business 13. a. TO: Honorable Mayor and City Council FROM: Christian Clegg, City Manager DATE: 2/25/2022 WARD: SUBJECT: Fiscal Year 2021-22 Mid -Year Budget Recommendations 1. FY 2021-22 Mid -Year Budget Additional Detail as outlined in Exhibit "A" 2. FY 2021-22 Mid -Year Budget Update Appropriations as outlined in Exhibit "B" STAFF RECOMMENDATION: Staff recommends the City Council approve the FY 2021-22 mid -year appropriations as outlined in Exhibit "B" attached to this staff report. BACKGROUND: Each year the City Council adopts a budget, which commits finite resources to accomplish goals and objectives. The purpose of the City's Mid -Year Budget Report is to: • Compare revenues received and expenditures made to budgeted amounts approximately 50 percent through the fiscal year • Review available one-time funds • Consider budget adjustments and appropriations consistent with City Council Goals Although the general outlook related to City finances is better than expected, staff is recommending limited adjustments to the budget that are dependent on ongoing revenues. However, staff is proposing several larger appropriations to projects and reserves from available one-time revenues derived from Fiscal Year 2020-21 general fund balance, Public Safety and Vital City Services Measure fund balance, and American Rescue Plan Act (ARPA) funds. Staff from the City Manager's Office and Finance Department will provide a mid -year budget presentation as part of this report. General Revenue Update: Property Tax: "Secured" property refers to any property that cannot be moved like homes or land. Proposition 13 limits the tax rate to one (1) percent of a property's current assessed value, plus any voter - approved bonds and assessments. The FY 2021-22 Adopted Budget assumed a four (4) percent growth in current secured property tax receipts, based on Kern County assessed valuation projections. Revised estimates for FY 2021-22, based on the most year-to-date information, is indicating the four (4) percent growth estimate will be met. Sales Tax— Bradley Burns: This revenue stream accounts for the City's one percent share of the 7.25 percent statewide sales tax, which is distributed to local agencies to support local government general funds. Initially, sales tax receipts for the current fiscal year also assumed a net increase of 4% when compared to FY 2020-21. While growth was expected, many sectors have exceeded that initial growth estimates including new car sales, building materials, restaurant & hospitality and online sales have shown significant year -over -year growth. Additional sales tax information will be available in March 2022 covering the holiday shopping season where it is expected that level of revenue growth will continue. General Development Revenues: The development data for calendar year 2021 shows that the number of single-family residential building permits issued decreased nearly 23 percent over the prior 12 months, from 1,450 to 1,121 units. Multi -family housing permits also saw a commensurate reduction. Commercial development activity remained relatively steady as did solar -related permitting activities. Where construction activities lacked positive growth, the planning entitlement sector was extremely robust. The Planning Division has experienced revenue volumes 57 percent above projections for the first half of FY 2021-22. Overall, development related revenue is down approximately 7 percent versus original projections. Department revenue projections have been adjusted accordingly. Transient Occupancy Tax (TOT): The City estimated minimal growth in this revenue source due to the continued uncertainty in the travel sector near the end of the prior fiscal year. The City's transient occupancy tax revenues were budgeted at basically the same level as FY 2020-21, estimated at $8.5 million. Current activity shows that FY 2021-22 TOT revenue is performing well above that amount, estimated at over 15% the initial TOT budget. While this increase is significant, at over $1.7 million, there is no current need to propose increases to appropriations at this time. Public Safety Vital Services Measure Revenue Update: On November 6, 2018, voters within the City of Bakersfield approved Measure N, known as Bakersfield Public Safety & Vital City Services Measure. The Measure is a locally controlled one - cent sales tax applied to applicable transactions for retailers conducting business within the incorporated city limits of Bakersfield. The Measure became effective April 1, 2019, within the City of Bakersfield. FY 2021-22 PSVS revenues were budgeted for a 1.5% increase when compared to FY 2020- 21. Similar to Bradley -Burns revenue, PSVS revenues are projected to come through higher than expected. Current analysis from the City's sales tax consultants show that revenues will be about $22 million more than budgeted. PSVS Revenues outperformed estimates within the new car sales, building materials, restaurant & hospitality, and online sales. It is noted the City receives a full one (1) percent from online sales from the PSVS Measure, whereas the City receives approximately 0.47 percent of online sales tax proceeds from Bradley- Burns sales tax revenues. American Rescue Plan Act (ARPA) Update: The American Rescue Plan Act (ARPA) of 2021 was signed into law by President Biden on March 11, 2021. The bill, intended to mitigate the impacts of the COVI D-19 pandemic, includes $1.9 trillion in stimulus measures providing resources to individual families, health care, affected business sectors and government entities. Of the $65.1 billion total allocated to cities under ARPA, $45.57 billion, or 70 percent of the funds, will be allocated to metropolitan cities, including Bakersfield, using a modified Community Development Block Grant (CDBG) formula calculation. The calculation is based on population size, poverty rates, and measures of housing instability. The direct aid allocated to the City of Bakersfield under ARPA is $94,517,089. The City is required to obligate (encumber) APRA direct aid funds by December 31, 2024, and all projects using ARPA funds must be completed by December 31, 2026. Eligible uses of APRA funds generally fall into the following major categories, with guidance from the US Department of Treasury providing more specific expenditure direction: • COVI D-19 pandemic response, including City -borne costs for COVI D-19 mitigation and prevention activities • COVI D-19 Economic Impacts, with presumption of eligibility within qualified census tracts. A Qualified Census Tract is defined as any census tract in which at least 50 percent of households have an income less than 60 percent of the Area Median Gross Income (AMGI ), or which has a poverty rate of at least 25 percent: • Business and non-profit assistance • Impacted industries and workers • Impacted Housing and Community Development • Homelessness • Premium pay to eligible workers • Necessary Water, Sewer and Broadband Projects The City received the first allocation of $47.2 million in 2021, of which $7 million has been appropriated. Fiscal Year 2020-21 Fund Balance: During the first quarter budget update provided to the City Council, staff noted available General Fund balance, PSVS fund balance, and ARPA fund balances for the most recently completed fiscal year ending June 30, 2021. These balances are comprised of: • Revenues that exceeded revised projections • Savings from positions that were vacant for any part of the fiscal year • Appropriations within operating budgets that were not encumbered or expended by the end of the fiscal year The available General Fund balance is $29 million. The available PSVS fund balance is $20 million. The available ARPA fund balance is $47.2 million for the first phase of funding. Fiscal Year 2021-22 Mid -Year Budget Adjustments and Appropriations: GENERAL FUND: Total $36,365,000 Staff will be recommending the use of these one-time general funds to allocate to several major City Strategic Programs and Capital Improvement Projects (CI P) being proposed - $29,365,000 (Additional detail in Exhibit "A"). Strategic Programs - $22,965,000: • $3 million for the next phase of Regional Public Safety Radio System Project • $250,000 allocation for Public Safety Camera Equipment • $250,000 allocation for Public Safety Drones Program • $2.2 million allocation for Self -Contained Breathing Apparatus (SCBA) • $140,000 allocation for Fire Department Safety Equipment • $75,000 allocation for Emergency Operations Plan (EOP) Update • $6 million for partial funding toward upgrading the City's 25 year -old Enterprise Resource Planning (ERP) Software. • $2 million allocation to the Section 115 Pension Trust Fund • $4 million allocation for the COLA Market Compensation Adjustment Set -Aside * $3 million allocation to cover FY 2022-23 Carryovers • $500,000 allocation to the City Facilities Reserve Fund to remain on track to reach 60 days general fund reserve status per adopted City reserve policy * $1 million allocation for Facility Conditions Assessment/City Facility Needs • $75,000 allocation for Grant Writing Assistance * $250,000 allocation for a Classification & Compensation Study • $75,000 allocation for Traffic Calming Study • $150,000 allocation for Transformative Climate Communities (TCC) Plan Grant Application & Project Management Capital Improvement Projects (CIP) - $6,400,000: • $1.4 million allocation for the Bakersfield Police Department Priority Facility Needs • $2 million allocation for the Mesa Marin Sports Complex Project • $500,000 allocation for the Convention Center Lobby Project • $250,000 allocation for the Bicycle/Pedestrian Feasibility Study • $250,000 allocation for the 28th Street Sidewalk Project • $1 million allocation for the Downtown Infrastructure Planning Project • $1 million allocation for the Downtown Streetscape Spruce -Up Project Conservative projections have identified an additional $7,000,000 in ongoing revenues that we anticipate receiving for this fiscal year. Staff recommends appropriating these revenues to fund balance, as opposed to allocating the funds to any programs at this time, as contingency for developing the annual budget for next fiscal year. PUBLIC SAFETY/ VITAL CITY SERVICES: Total $23,580,653 Staff will be recommending the use of these one-time funds to allocate to several major City Strategic Programs being proposed - $20 Million (Additional detail in Exhibit "A"). Strategic Programs -$20 Million: • $5 million for the next phase of Regional Public Safety Radio System Project • $10 million for partial funding toward upgrading the City's 25 year -old Enterprise Resource Planning (ERP) Software project. • $2 million allocation to the Section 115 Pension Trust Fund * $1 million allocation to the City Facilities Reserve Fund to remain on track to reach 60 days general fund reserve status per adopted City reserve policy • $2 million towards Economic Development Strategic Plan (EDSP) Implementation Based on revenue trends, staff is conservatively estimating PSVS revenues will exceed current year projections by $22 million. Staff will be recommending the partial use of these funds to allocate to a limited number of strategic ongoing positions, programs and services that directly correlate with City Council goals and PSVS Measure priorities, as outlined below, but covered in more detail in Exhibit "A": Strategic Programs - $2,000,000: • $2 million to fund the Downtown Redevelopment Plan Strategic Positions - $1,580,653: • Park Ranger Program (18 Park Ranger I, 1 Park Ranger III, 1 Administrative Analyst 1): $2,399,650 annual cost/ $1,281,912 three -months cost including one-time start-up costs and purchasing 10 new PST trucks & equipment • Police Financial Services (Accounting Supervisor): $135,000 annual cost/ $48,750 three - months cost including one-time start-up costs • Technology Services (Division Manager X2): $296,424 annual cost/ $85,706 three -months cost including one-time start-up costs • Clean City & Homeless Clean-up (Field Supervisor 11): $123,500 annual cost/ $70,225 three -months cost including one-time start-up costs and a new truck & equipment • General Services Division (Administrative Analyst 1/11): $92,700 annual cost/ $27,175 three -months cost including one-time start-up costs • Economic Development (Economic Development Manager): $147,351 annual cost/ 38 838 three -months cost including one-time start-up costs • Economic Development (Administrative Analyst 1/11): $104,187 annual cost/ $28,047 three -months cost including one-time start-up costs *All the positions listed above will be funded for the remaining 3 months ofFY2021-22. The FY 2021-22 annual cost for the strategic positions outlined above is $1,580,653. Ongoing annual salary/benefits costs for the above positions will be $3,298,812. FY 2021-22 PSVS Mid -Year Budget Requests Summary 0NE-TIItil1E PSVS FUN ONGOING P�SVS FUNDS Quality Public safety 5e rvlces [Cc3a #* AMOUNT Quail Ity Pu blle safety Services f CcGa #* AMOUNT F.ag,lbonall Puubllllc3�afety F.adllosystam Project 5,choo,mo Part F.arig;arPreygr:amni [,PF.P 2,„21EI„92,2, PaoIlllcs FIIruanclla1115,r"ne91ces 4�E„7,50 Quality Public 5,idusty5ervl[ ,[IC�C3#1;[Tot�al! 5�'0w' Quail ltyPubiIcSafety 5erscices,[ICICG4M# Total! 1,1330, 2 Mail Mail nFlscall5,alvenc"y,(CC3#3,[ AMOUNT mail ntailnFiscal ly,Dl'uerncy,(CC3#3,[ AMOUNT EnterpHse Resouuuca Pllanuniirig ERP[15,oft%vair �a IDC,.000,,M T�schlno11og,',f Sere 911cas De,pt.CrllAs:I11onPOanagausq,XC E5,.735 13e rtJ o n 225 P enasJl oru Trust F uurud 2„'Doo"Mo CItpFacllIllltIIH PsSAIIJ'sFuunid 2„ "Mo mail ntfrnFIsca115,DIvenc',,(CC3#3,[Total! 33,0W,!0 '...... Mal ntfrnFls,rally,Dlvency,[CCG'43;[Total! I� �95',' 5trengt,hen Dive rslfyDuurEconom�lcEase,[CC3#5) AMOUNT �15t rengthen�&DIversIf', ourEcasruomilcEase [CC�Eo# 5f[ AMOUNT EEDm1nmiilCCrev Ilnlpmemt5tratagIIcP11anImip111 mi mitat110mi 72,000,,M CrmvntowniRedevelopment Fund 7-'.^Doz000 E.MrIOMIC Development Manager EE,�E3E E,M ru c+m� Ilc Development ��m.� mail n� Its tr'at Ilra�r �� n��a II",p'�st 1 / 11 2,9,047' 5tre ngth e n Civerslfyo ur Economic Gas (CCG #5[ Total! 15 2,' ,' Rrengtlnern & Diversifyour sas [CC(o 46[ Total! 15 20m'sm Ernhaince Iofrastrwctrure[CCG'a ;[ AMOUNT Clean Oty Field suulp,armsor11 70,22,5 P uu fall II c'wo its Crept AJ mail n Its tr'at he a A, nia lly st I / 11 27.2,75 Ernhaince I nfrastr'uictuure,[CCain' ;[ Total! 15 9 , 0 N E-T IIMI E PSVS Fu rc 'nandTot;all: ao, 0, ONGOING PSVS rruundsGra ndTota11: 3,580,653 ARPA FUNDS: Total $36,700,000 Staff will be recommending the partial use of these one-time funds to allocate to several major City Strategic Programs and Projects being proposed - $36.7 Million (Additional detail in Exhibit "A"). • $2 million allocation for California Violence Intervention & Prevention (CaIVIP) Program • $5 million allocation for Affordable Housing • $5 million allocation to the Brundage Lange Navigation Center (BLNC) Expansion Project • $7 million allocation for Direct Staffing Costs • $2.5 million allocation to Purchase Blighted Properties * $500,000 allocation for Home Access Program • $4 million allocation for Tourism Industry Program * $1.2 million allocation to the Food Bank Project * $4 million allocation to the Blue Zones Wellness Initiative • $500,000 allocation for Health Care Industry Funding Program * $2 million allocation for Workforce Development & Job Training • $1 million allocation for Fagade Improvements Program • $1 million allocation for Economic Opportunity Area (EOA) Funding • $1 million allocation for Business District Revitalization Public Works Department Mid -Year Adjustments and Appropriations: Public Works Department requests the following new positions and appropriations for consideration at FY 2021-22 Mid -Year budget. REFUSE & SEWER ENTERPRISE FUNDS: Grand Total $233,500 Staff will be recommending the use of these funds to allocate to several ongoing positions and services that directly correlate with City Council goals, as outlined below, but covered in more detail in Exhibit "A".: Strategic Positions - $233,500: • Solid Waste Division (Compliance Inspector): Refuse Enterprise Funds $101,600 annual cost/ $64,400 three -months cost including one-time start-up costs and purchasing a new van & equipment • General Services Division (Electrical Technician I (X2)): Sewer Enterprise Funs $183,000 annual cost/ $169,100 three -months cost including one-time start-up costs and purchasing two (2) new trucks & equipment *All the positions listed above will be funded for the remaining 3 months ofFY2021-22. The FY 2021-22 annual cost for the strategic positions outlined above is $233,500. Ongoing annual salary/benefits costs for the above positions will be $284,600 (Refuse Enterprise Funds $101,600 + Sewer Enterprise Funds $183,000). ATTACHMENTS: Description Type D Ekhdbit "A" ... lF::Y2021 22 IMid Year li.: u.a gert����t�li�iibi nal BackupIMateiriiaall D i::::::xihliltalit ""IB"° ... lF::Y2g2t 22 Mid 1'emir li.:3u.aidge�t IF)IpirrQalpirlia�tlioi s 13 adlkulp Material D F::Y2021 22 IWid Year Budget lRequ.aiests IC:'lie �. hairts f..uadku.all:a Material EXHIBIT "A" FY 2021-22 General Fund Mid -Year Budget Requests A summary of proposed mid -year general fund allocation requests for FY 2021-22 is detailed below. These proposals are intended to be additional programs and projects that continue or enhance upon initiatives budgeted in the current and prior fiscal years. The dollar figures represent the new funding requested by strategic category and by the department in which the funds would be budgeted. ONE-TIME GENERAL FUND — Strategic Programs Quality Public Safety Services (City Council Goal #1) ➢ Bakersfield Police Department - $3.5 Million ❖ Regional Public Safety Radio System Project Additional Allocation of $3 Million: The City's public safety radio system is the primary means of emergency response communication for the Bakersfield Police Department and Fire Department staff. The current system is over 20 years old and is no longer supported by the manufacturer. In recognition of the importance of regional collaboration, the City and the County of Kern have been working jointly to upgrade separate antiquated systems to one modern, digital radio system that covers the entire county. Staff from both agencies have been working to finalize the request for proposal documents and expect the RFP to be issued prior to the end of the current fiscal year. The City's total cost share for the project is estimated to be $17-$19 million. The City Council previously approved a $12 million allocation to the project. This allocation would add an additional $3 million in one-time funding to the project. This funding will assist the City in completing the first phase of the project upon awarding of a contract. ❖ Public Safety Camera Equipment Allocation of $250,000: The Police Department (PD) utilizes a community policing philosophywhich embodies proactive problem solving and partnerships. Over the past year, the PD has been conducting fixed camera and portable camera trailer system pilot projects. This technology expands the traditional police capabilities, enhances our problem solving strategies, and can aid in arrests and investigations of crimes of violence and serial type property crimes. They can also have a secondary effect of increasing the perception of safety in our public spaces and enhancing quality of life. Some examples of successes directly related to these types of camera systems include homicide arrests and stolen vehicle recoveries within the past few months. The PD plans to continue the exploration of these projects and anticipates choosing a vendor and purchasing equipment in this fiscal year. ❖ Public Safety Drones Program Allocation of $250,000: The Police Department (PD) has been utilizing Unmanned Aerial Systems (UAS) in a limited capacity and under exigent circumstances. This technology is continuing to rapidly evolve, and the public safety uses for UAS's is expanding. These systems can enhance our officer safety capabilities, improve de- escalation efforts, increase community engagement and reduce response times. The PD would like to upgrade our current systems to have longer flight time, increased flight speed, and higher resolution cameras. Page 1 of 21 Quality Public Safety Services (City Council Goal #Q Bakersfield Fire Department - $2,415,000 ❖ Self -Contained Breathing Apparatus (SCBA) Allocation of $2.2 Million: The Bakersfield Fire Department's SCBA's currently do not meet the National Fire Protection Association (NFPA) and National Institute of Occupational Safety & Health (NIOSH) standards. The purchase of the new SCBA's will bring the Bakersfield Fire Department into compliance with NFPA and NIOSH. The acquisition will also create an SCBA uniformity with Kern County Fire Department. This will create interoperability and familiarization during operations and firefighter emergencies. This increases the efficiency and safety of operations for metro area firefighters. ❖ Fire Department Safety Equipment Allocation of $140,000: The Bakersfield Fire Department (BFD) is an all hazard emergency response agency that provides; fire suppression, emergency medical, technical rescue, hazardous materials, and wildland responses. The BFD's objective is to replace our current, unreliable 25-year-old, station alerting system. Due to the unavailability of parts, the system often remains out of service for extended periods of time. Connectivity technology is key when it comes to fire station alerting systems. When seconds count, the Bakersfield Fire Departments must be connected to the caller the moment an emergency comes into the communications center. Fast, reliable dispatch of emergency resources is the objective of this request. Fire stations in all areas of the city require the same high level of communication with the Emergency Communications Center. Modern fire station alerting systems provide universal connectivity for almost any network that an individual station has access to. Connectivity over radio data, voice over IP, via fiber optics or LTE, are all acceptable connectivity options. Even though the Bakersfield Fire Department has completed accreditation through the Center for Public Safety Excellence, the BFD is not achieving benchmark performance measurements. A number of operational issues have been identified and corrected however, there are additional infrastructure -related upgrades that are still needed to complete the corrective process. Reliable data transmission has been determined to be one of issues affecting response times. ❖ Emergency Operations Plan (EOP) Update Allocation of $75,000: This will fund a Request for Proposal (RFP) for an agency to rewrite the City's Emergency Operations Plan (EOP). The current EOP was developed in 2011 and needs updating. A comprehensive EOP promotes a common understanding of the fundamentals of community -based, risk -informed planning and decision making to help planners examine a threat or hazard and produce integrated, coordinated, and synchronized plans. An EOP is a document that assigns responsibility to organizations and individuals for carrying out specific actions at projected times and places in an emergency that exceeds the capability or routine responsibility of any one agency. It sets forth lines of authority and organizational relationships and shows how all actions will be coordinated. EOP's describe how people and property will be protected in emergencies and disasters. They identify personnel, equipment, facilities, supplies, and other resources available --within the jurisdiction or by agreement with other jurisdictions --for use during response and recovery operations. Page 2 of 21 Maintain Fiscal Solvency (City Council Goal #3) ➢ City Manager's Office (Finance Department) /Strategic Initiatives - $16,575,000 ❖ Enterprise Resource Planning (ERP) Software - $6 Million The City's Enterprise Resource Planning (ERP) platform is the City's primary software that provides for day-to-day core business processes and databases across most City operations. The ERP houses most major organizational functions of the City including payroll, purchasing, accounts receivable, personnel management and budgeting. The City is currently utilizing an ERP that is over 25 years old and does not meet the current needs of the organization. The existing ERP creates significant workflow inefficiencies, provides inadequate data mining options and results in data duplication across multiple other platforms the City utilizes to conduct business. The existing ERP significantly limits the City's ability to fully engage in modern business practices, including robust online service offerings, payment processing and permitting. In 2019, staff contracted with the Government Finance Officers Association (GFOA) to perform an analysis of the City's existing ERP and made recommendations for the City to move forward with an RFP with the intent of replacing its current ERP. Proposals are currently being reviewed for prospective replacements and the estimated cost to purchase and implement a new ERP system is in excess of $20 million. In the prior year the City appropriated $5 million in PSVS funds and $1 million in general fund balances that were available at the end of the year. Prior to awarding an agreement with a vendor for the purchase and implementation of a new ERP, staff will finalize a cost sharing plan to reflect the shared usage of the program across all departments and related operating funds of the City. The objective is to identify a formula that results in a proportionate share of the costs being accounted for based on factors such as number of employees within a specific fund and operational share of the usage of the new system. Funds that will share in the cost of the ERP will include the general fund, Public Safety and Vital Services fund, enterprise funds (refuse and sewer) and internal service funds (equipment, self-insurance). ❖ Section 115 Pension Trust Fund - $2 Million The City has established what is called a Section 115 Trust to fund the City's retiree medical program (OPEB) and has seen good results, building a trust balance in excess of $90 million and funding that associated liability at over 80%. Analysis of the liability and investment performance has shown that, with the City continuing to make the required contributions, by 2036 the earnings on the trust should cover the anticipated cost of the plan going forward. There are fewer options available to reduce the CalPERS liability. Steps have been taken locally with the voter approved Measure D in 2010 and at the State level with the passage of PEPRA in 2013. Additional contributions could be made to PERS, but there has been reluctance to consider that option due to past investment performance at CalPERS. A separate Section 115 trust has been established in what is called a Pension Rate Stabilization fund. Those funds remain within the City's control and are managed by the City's own investment consultant. The deposits are then held in the trust to either offset the pension liability or cover significant spikes in required contributions should the need arise. Page 3 of 21 Maintain Fiscal Solvency (City Council Goal #3) ❖ COLA Market Compensation Adjustment Set -Aside Allocation of $4 Million: The City Council recently approved a new multi -year agreement with Bakersfield Police Officers Association that included an increase in cost -of -living adjustments. In coming months, negotiations for new agreements will begin with the Bakersfield Firefighter's Labor Organization and Service Employees International Union Local 51. In addition, the City is pursuing a Classification & Compensation study to assess the market competitiveness of our employee compensation. The specific cost increases resulting from employee compensation adjustments are not known at this time. However, staff recommends that it is prudent to set aside $4 million in one-time funding to reduce the impacts of potential increases in the coming year. It is not anticipated that this funding allocation would address all anticipated compensation adjustments. ❖ FY 2022-23 Carryovers Allocation of - $3 Million: This report has identified a number of strategic and priority projects to pursue with one-time funding. However, staff recommends not fully allocating all one-time funds at this point. It is recommended that $3 million of one- time revenues remain unallocated to create contingency funding that can be deployed with the annual budget process. There are a number of notable expenses anticipated for next fiscal year and this conservative approach helps ensure we have the resources to address strategic priorities in the annual budget as well. ❖ City Facilities Reserve Fund - $500,000 Additional City Facilities Reserve Fund Allocation of $500,000: As part of the Fiscal Year 2018- 19 budget, the City Council established a cash reserve and facility reserve plan via Resolution #091-19. The goal of the plan is to increase the City's rainy -day fund equal to 60 days of general fund revenues by Fiscal Year 2021-22. In addition, that plan looked to build sufficient reserves to cover unforeseen repair or replacement costs for City facilities by FY 2024-25. This plan will meet or exceed the general fund reserves of several comparable cities within California. The Fiscal Year 2020-21 budget included an allocation of $13 million of PSVS funds to continue to invest in the City's rainy -day fund allowing the City to meet that rainy day reserve goal a year earlier than planned. Staff is proposing an additional $500,000 of one-time general fund balance be allocated to the City's facilities reserves as part of the mid -year budget adjustments. This additional $500,000 will help continue to advance the plan approved by the City Council. ❖ Facility Condition Assessment/City Facility Needs Allocation of $1 Million: Addressing facility needs and property maintenance is crucial to preserving the value of City property and assets. Ongoing maintenance and building updates protect the City's investment, and proper repair makes our buildings more attractive, desirable and shows the community our pride of ownership. As our buildings depreciate over time, they tend to show their age through wear and tear; on -going maintenance and updating can help preserve the long-term value and desirability of our facilities. Addressing facility needs also prevents the immediate need of purchasing new space. Given the rapid increase of City staffing, we are experiencing significant space challenges in several departments. This funding would allow the City to conduct a space needs and facility condition assessment to address current and future space needs. In addition, there are immediate space challenges that this funding would be used to alleviate Page 4 of 21 through projects for the Police Department and departments housed at City Hall North and City Hall South. Related to specific Police Department (PD) space needs, in November 2020, the City contracted with Dewberry, a national architecture and engineering firm to conduct a space needs assessment for the PD. The study included an evaluation of existing facilities and recommended future staffing, and facility needs to accommodate expected community growth over the next 20 years. Nearly every one of the Police Department's current facilities have some form of significant deferred maintenance issue or is in immediate need of renovation to expand capacity and meet industry standards. The study provided some long term design concepts that are serious options that should be considered. However, the PD has significant short-term needs that if addressed can improve facility safety, function, and enhance the level the service and training currently provided. A portion of funding from this allocation would pay for immediate lease expansion for the PD. Other capital projects addressing deferred maintenance at PD facilities is proposed below in the Capital Improvement Program section of this Exhibit. ❖ Grant Writing Assistance Allocation of $75,000: As an increased number of competitive state and federal grant funds become available to the City of Bakersfield to further City Council goals, City staff need to be prepared to rapidly submit applications and take advantage of funding opportunities. As a best practice, many major cities hold a professional grant writer on retainer to deploy as needed. A professional grant writing firm would allow the City to more effectively leverage state and federal funds to offset costs to the general fund. ➢ Human Resources Department - $250,000 ❖ Classification and Compensation Study Allocation of $250,000: The framework of the City's compensation plan has not been significantly restructured in over 30 years. Although incremental cost of living adjustments have been provided and other benefits have been afforded to employees through formal collective bargaining, no significant structural changes have occurred in many years. As a result, a number of related factors have affected the recruitment efforts of key positions and retention of highly qualified employees. The City is facing increasing turnover at the same time the City has added nearly 100 new positions each of the last three budget cycles associated with key community priorities, including public safety, economic development, homelessness, parks and quality of life issues. Unfortunately, the loss of key staff and increased turnover has decreased efficiency and slowed down progress of Council Goals and key projects as recruitment and onboarding occurs. A Request for Proposal (RFP) was conducted in 2021 to identify consulting firms who specialize in these services. The budget request to complete this study by the awarded firm is $250,000. Enhance Infrastructure (City Council Goal #6) ➢ Public Works Department - $75,000 ❖ Traffic Calming Study Allocation of $75,000: Traffic calming consists of physical design and other measures put in place on existing roads to reduce vehicle speeds and improve safety for all users including pedestrians and bicycles. This project will develop standards and guidelines for traffic calming for the City of Bakersfield in a concise document. The document will address neighborhood traffic issues, traffic safety, and neighborhood livability through a community - Page 5 of 21 based Neighborhood Traffic Management program (commonly referred as traffic calming). The goal of the program is to improve safety and the quality -of -life for residents by reducing the impacts from speeding vehicles, cut -through traffic, and careless drivers on residential streets. Traffic calming creates a better neighborhood environment giving residents a sense of safety and comfort when using local streets. The City pursued grant funding for this project, but applications were unsuccessful. Invest in Urban Renewal and Downtown Development (City Council Goal #8) ➢ Economic and Community Development Department - $150,000 ❖ Transformative Climate Communities (TCC) Plan Grant Application and Project Management Allocation of $250,000: The City filed a Transformative Climate Communities (TCC) Plan with the California Strategic Growth Council (SGC) in December 2021. With the completion of the plan, the community is now eligible to proceed with an application for funding for project implementation. The appropriation request will fund the retention of a consultant to provide support in the formation of a collaborative stakeholder group, evaluate and prepare projects for readiness, develop data/project tracking system, and develop the requisite climate adaptation and resilience plan for the final application. Page 6 of 21 ONE-TIME GENERAL FUNDS — Capital Improvement Projects (CIP) Quality Public Safety Services (City Council Goal #11 ➢ Bakersfield Police Department - $1.4 Million ❖ Bakersfield Police Department Priority Facility Needs Allocation of $1.4 Million: The Police Department (PD) Property Room (Truxtun Ave) is responsible for the safeguarding and chain of custody of evidence and property seized by officers. A secure evidence and property room is a critical element of successful law enforcement operations. Our Property Room is currently in immediate need of facility infrastructure and storage capacity upgrades to ensure continued safe and secure operations. Emergency Generator for Property Room: The Police Department (PD) Property Room does not have a backup generator to protect against loss from power failure. Inside the Property Room there are refrigerators and a walk-in freezer which contain sensitive evidence such as DNA, blood and other types of trace evidence, and sexual assault evidence kits. A power outage, for any extended amount of time, would result in the irretrievable loss of that evidence. HVAC System for Property Room: The Police Department (PD) Property Room structure is a pre-engineered metal building. It has a large bulk storage area that encompasses more than three-quarters of the entire building. This storage area is entirely unconditioned (No HVAC) and experiences significant temperature changes throughout the year. The current evaporative cooler systems are inefficient during the summer months where temperatures in the bulk storage area can reach 110 degrees. PD Property Room staff spend more than half their workday in this unconditioned area. There are two additional storage areas: Weapons storage and Narcotics storage. These two areas also do not have any HVAC systems. The rooms are currently designed to vent into the main bulk storage area. Dewberry assessed that these rooms should have dedicated HVAC systems that should be fully exhausted to the exterior of the building. This project was previously funded in FY2020-21, Project #1311103, in the amount of $72,000. However, did not move forward due to COVID-19 and the Police Department facility studythat was initiated. Since the completion of the assessment by Dewberry Architects, the cost increased to approximately $200,000. Evidence Freezer for Property Room: The Police Department (PD) Property Room currently has one 8x10 walk-in evidence storage freezer. A freezer stores biological material — such as hair, tissue, teeth, blood, etc. which must be retained in an appropriate storage facility until needed for court or forensically analyzed. Failure to properly store this sensitive evidence can result in inadmissibility in court, destruction/deterioration of the material, and result in a loss of public confidence in the PD. The current freezer is full, with no additional room on the shelving systems. This project was previously funded in FY2020-21, Project #1311103, in the amount of $45,500. However, the project did not move forward due to Covid and the Police Department facility study that was initiated. Since the completion of the assessment by Dewberry Architects the cost has been revised to $51,515. Page 7 of 21 Pistol Range Retrofit Completion: The Police Department (PD) Pistol Range has been undergoing a retrofit to modernize the infrastructure and facility to enable efficient and effective training of an increased number of police officers. In order to maintain compliance with industry safety standards there is a need for additional ballistic protection and noise (sound) and pressure mitigation materials. Cost estimates are currently being refined. Enhance Quality of Life and Public Amenities (City Council Goal #4) ➢ Recreation and Parks Department - $2 Million ❖ Mesa Marin Sports Complex Project Allocation of $2 million: In 2009, City Council approved funding for the refurbishment of the existing Mesa Marin Sports Complex, which included four (4) softball fields, concession stand/operations facility, restrooms, sports & path lighting, snack bar, and parking. The project was completed in 2011. Over the years, several phases of the complex were completed which included additional parking, a dog park and a passive park which included picnic areas, playgrounds, splash pad, and restroom facilities. Recently, a half basketball court and a pickle -ball court was added to the facility. With the success of softball league programs, the need for additional softball fields was proposed in the complex's master plan to include a pedestrian bridge, four (4) additional softball fields with sports and path lighting, & restroom facilities. By increasing the number of fields, this will attract major tournaments from California and western states. This proposal doubles the softball fields from four (4) to eight (8) and may result in increasing existing city leagues. This project greatly enhances the park's reputation as a regional destination for youth and adult softball. The original engineer's estimate was $10 million and $7.5 Million was originally budgeted. After fees for consultants and a budget transfer to KPSV, approximately $6 million is currently available. Public Works Department estimates the bids for the project to come in the $8.5-9 million range or higher with the current inflationary pressures. $2 million is being requested at mid -year and an additional $1 million request is being proposed in the FY 2022-23 budget process. ➢ Economic and Community Development Department - $500,000 ❖ Convention Center Lobby Project Allocation of $500,000: The City will serve as host of the 2022 California Economic Summit. Planned improvements to the Convention Center will be expanded to include renovation of the lobby area as well as other upgrades. Page 8 of 21 Enhance Infrastructure (City Council Goal #6) ➢ Public Works Department - $500,000 ❖ Bicycle and Pedestrian Feasibility Study Allocation of $250,000: The Bicycle and Pedestrian Facility Master Plan — The City of Bakersfield Transportation Plan was prepared in 2013. This plan identifies numerous projects to enhance bicycle and pedestrian routes throughout the city. The City has been fortunate to receive significant grant funding for these types of projects in recent years; however, a majority of potential projects for which design had been completed have now been funded. To help the City prepare more design ready projects to be competitive for grant funding, this allocation would authorize one or more feasibility studies to make project concepts ready for grant applications. ❖ 28th Street Sidewalk Project Allocation of $250,000: Install sidewalk, curb & gutter, access ramps, and cross -gutters to improve pedestrian pathways and the infrastructure within the area. The area was originally proposed as a Community Development Block Grant (CDBG) project for FY 2021-22 but was not selected. This project would also accomplish a safe route to school for children attending Stella Hills Elementary School, which is located North of 34th Street at Jewett and 38th Street. The project will also provide a safe pathway to Memorial Hospital for constituents that are unable to drive. Below is a list of the streets that will be affected by the project: a) 28th Street — From Espee Street to Q Street b) 30th Street — From Jewett Ave to Q Street c) Q Street- From Espee Street to 34th Street d) Espee Street- From Q Street to 30th Street (Residential side only) e) Panama St — From Espee Street to 30th Street f) Jewett Ave - From 30th Street to 34th Street (Residential side only) Invest in Urban Renewal and Downtown Development (City Council Goal #8) ➢ Public Works Department - $2 Million ❖ Downtown Infrastructure Planning Project Allocation of $1 Million: Infrastructure in the core downtown area is some of the original and oldest in the city. A significant portion needs repair, rehabilitation, or replacement. Currently, the consultant for the Downtown Corridor Enhancement project is preparing conceptual plans for 18th and 19th street improvements between approximately K Street and N Street. These concepts will include some of the complete street and walkable community features and elements contained in the study as well as replacement and repair of the infrastructure as needed. There are challenges on some downtown street segments where building basements extend beyond the face of the building into city right-of-way, under the sidewalk. This is known to exist on the south side of 19th between M Street and N Street. Additional areas may exist within the project limits as well. Those segments will need to be treated as a separate project to advance the remaining street segments. This project will take the conceptual plans and advance them to detailed design and construction drawings that will be ready for bid by the end of fiscal year 2022-23. Page 9 of 21 Downtown Streetscape Spruce -Up Allocation of $1 Million: Maintenance for infrastructure and streetscape in the downtown core would traditionally occur within the 5-year Capital Improvement Project (CIP) or annually within the Public Works Department operating budget. This year, several events and activities, including the 2022 California Economic Summit are planned that will draw thousands of residents and visitors from near and far. Addressing many of these issues sooner is important to address public safety for the many residents and visitors who will be attending these events. There is significant community and business interest in seeing a downtown area that continues to grow and revitalize. Staff is currently working with Keep Bakersfield Beautiful (KBB) to assess of the downtown core for improvements that can be made quickly. Information from the volunteer assessment and various City Departments will create a series of maintenance items that will have the biggest impact on public safety and beautification. Maintenance items will include replacing missing tree grates, replacing dumpsters, street repairs including restriping streets, installing curb ramps, gutters, and sidewalks; repainting and repairing streetlamps, installing crosswalks and graffiti cleanup. Page 10 of 21 EXHIBIT "A" FY 2021-22 PSVS Mid -Year Budget Requests A summary of proposed mid -year PSVS requests for FY 2021-22 is detailed below. These proposals are intended to be additional positions, programs and projects that continue or enhance upon initiatives budgeted in the current and prior fiscal years. The dollar figures represent the new funding requested by strategic category and by the department in which the funds would be budgeted. ONE-TIME PSVS FUNDS Quality Public Safety Services (City Council Goal #1) ➢ Bakersfield Police Department - $5 Million ❖ Regional Public Safety Radio System Project Additional Allocation of $5 Million: See previous section for additional information regarding the Regional Public Safety Radio System Project. Staff is proposing an additional $5 million of one-time PSVS fund balance to be allocated to this project as part of the mid -year budget adjustments. This additional $5 million will help continue to advance the plan. Maintain Fiscal Solvency (City Council Goal #3) ➢ City Manager's Office (Finance Department) /Strategic Initiatives - $13 Million ❖ Enterprise Resource Planning (ERP) Software- $10 Million: See previous section for additional information regarding the City's Enterprise Resource Planning (ERP) software system. Staff is proposing an additional $10 million of one-time PSVS fund balance to be allocated to this project as part of the mid -year budget adjustments. ❖ Section 115 Pension Trust Fund - $2 million: See previous section for additional information regarding the City's Section 115 Pension Trust Fund. Staff is proposing an additional $2 million of one-time PSVS fund balance to be allocated to this project as part of the mid -year budget adjustments. ❖ Additional City Facilities Reserve Fund Allocation of $1 Million: See previous section for additional information regarding the City's Facilities Reserve Fund Allocation. Staff is proposing an additional $1 million of one-time PSVS fund balance to be allocated to this project as part of the mid -year budget adjustments. Strengthen and Diversify our Economic Base (City Council Goal #5) ➢ Economic and Community Development Department - $2 Million ❖ Economic Development Strategic Plan (EDSP) Implementation Allocation of $2 million: The Economic Development Strategic Plan (EDSP) was approved by the City Council in September 2021, representing a five-year plan to address economic vitality and create new job opportunities for residents. Several ongoing initiatives are occurring in conjunction with partners such as B3K, CSU Bakersfield, Bakersfield College, and other economic and workforce development entities. The additional mid -year appropriation request will support the City's Page 11 of 21 cooperative efforts to develop projects around the targeted industries of advance manufacturing, energy, and business services. Funding will also be used to support the City's economic opportunity area which provides assistance to businesses in targeted areas of the community as well as the "Reinvent Retail" initiative in the EDSP to assist in the repurposing of obsolete retail facilities. NOTE: PSVS Citizens Oversight Committee voted 6 to 3 to recommend one-time PSVS funded requests. Additional feedback from the Committee regarding one-time funded requests appears below: ➢ Vice -Chair Abernathy commented that none of the proposals had anything to do with getting more police officers. To represent what this measure was about, law enforcement. Pensions and staff positions are not in line with the measure. She expressed concerns regarding higher sales tax being uncertain due to inflation. ➢ Committee Member Koman commented that his objection was towards the monies going into pension trusts and facility reserves. He said he was not convinced that those were in alignment with the 13 objectives. ➢ Committee Member Singh also stated that he was concerned about pensions and was in favor of the park safety. ONGOING PSVS FUNDS Quality Public Safety Services (City Council Goal #11 ➢ Recreation and Parks Department - $1,281,912 ❖ Park Ranger Program (PRP): Recreation and Parks Department is proposing a new Park Ranger Program (PRP) to address various safety concerns and fulfill essential spending priorities that are outlined in the PSVS measure. The PRP's primary focus will be public and staff safety. By providing consistent, routine patrols, the department will be able to deter a significant number of incidents that have been reported by both the public and staff. Reclaiming our public spaces for the enjoyment of all residents has become a priority and imminent issue for the community. The PRP will essentially have the same enforcement powers as Code Enforcement Officers, enabling them to abate violations of the Bakersfield Municipal Code in a more focused and consistent manner. It is worth noting that staff analyzed multiple options for meeting the objectives of park safety, including private security and several staffing scenarios. The proposed PRP best balances the opportunities and challenges in addressing park safety in a timely manner. Recreation and Parks Department is requesting a total of twenty (20) operational and administrative positions and necessary equipment/vehicles as listed in the table on the next page: Page 12 of 21 PARK RANGER PROGRAM (PRP) POSITION TITLE No. of Positions Sub -Total for Each Position with Benefits Annual Salary & Benefits Total Mid -Year Request 3 Months Total PARK RANGER 1 18 $ 118,053 $ 2,124,946 $ 531,237 PARK RANGER III 1 158,114 158,114 39,529 ADMINISTRATIVE ANALYST 1 1 116,582 116,582 29,146 Park Ranger Program Salary & Benefits Total:l $ 2,399,642 $ 599,912 *One -Time Start Up Costs (Desks, Computers, Phones, Furniture) $ 100,000 *One -Time Vehicle Purchase: Ten (10) PST Caliber Trucks & Equipment $ 582,000 Park Ranger Program Proposal GRAND TOTAL: $ 1,281,912 *All Salaries Based on Code Enforcement Officers o PSVS Citizens Oversight Committee voted 6 to 2 to recommend this item. Committee Member Keller was absent. Quality Public Safety Services (City Council Goal #11 Bakersfield Police Financial Services Department - $48,750 ❖ One (1) Accounting Supervisor position and necessary office equipment within the Police Department to increase the capacity of the BPD Business Office by assuming daily operational controls and work product audits. This position would provide assessment and review of contracts/purchases, staff development, assigned budget maintenance work, and process developments to provide for a more innovative and compliant program. As staffing and programs have grown in the Police Department, it has become increasingly difficult to manage all financial aspects of the department with existing staffing. This position was identified as a strategic addition that would have the most impact in moving forward department initiatives that may otherwise have delayed implementation. Accounting Supervisor: $135,000 Salary/Benefits (Annual Cost) • Salary / Benefits (3 months) $ 33,750 One -Time Start -Up Costs: • Workstation / Computer / Phone / Equipment 15,000 Accounting Supervisor Mid -Year Total Cost: 48 750 o PSVS Citizens Oversight Committee unanimously recommended this item. Committee Member Keller was absent. No additional comments were made. Page 13 of 21 Maintain Fiscal Solvency (City Council Goal #3) ➢ Technology Services Department - $85,706 ❖ Two (2) Division Manager positions and necessary office equipment within the Technology Services Department to provide leadership and mentoring to supervisory staff and to assist in the development of departmental operational procedures, effective change management strategies, and employee engagement and retention plans. The Division Managers will improve communication throughout the department, providing consistent support for documentation and enforcement of policies. This request begins the process of building up the supervisory and management structure to support the continued growth of the department. Growth of the management capacity of the Department is important for addressing strategic initiatives such as protection against increased cybersecurity threats. In addition, oversight of projects is needed as the City pursues innovative technology tools to address community priorities. Division Manager (X2): $296,424 Salary/Benefits (Annual Cost) • Salary / Benefits (3 months) $ 74,106 One -Time Start -Up Costs: • Workstation / Computer / Phone / Equipment 11,600 Division Manager (X2) Mid -Year Total Cost:_$ 7�Q o PSVS Citizens Oversight Committee voted 5 to 3 in opposition of this item. Committee Member Keller was absent. Motion failed due to lack of majority. o Committee Member Dewey commented that his No vote was because he does not think it is within the realm of the Measure N vote. Committee Member Koman stated that he echoed Commissioner Dewey's comment. Enhance Infrastructure (City Council Goal #6) ➢ Public Works Department - $97,400 ❖ One (1) Field Supervisor II position and necessary equipment/vehicle within the Solid Waste Division to facilitate the daily coordination and extensive supervision of the Clean City Teams program, coordinate with the City Manager's Office and other cross -departmental partnerships, team assignments, deployment details, safety reviews, documentation, reporting, and supporting contractors. Field Supervisor II (Clean Cities): $123,500 Salary/Benefits (Annual Cost) • Salary / Benefits (3 months) $ 30,875 One -Time Start -Up Costs: • % Ton Extended Cab Pickup $ 35,000 • Workstation / Computer / Phone / Equipment 4,35 Field Supervisor II Mid -Year Total Cost: 70 225 o PSVS Citizens Oversight Committee voted 7 to 1 to recommend this item. Committee Member Keller was absent. No additional comments were made. Page 14 of 21 ❖ One (1) Administrative Analyst 1/11 position and necessary office equipment within the General Services Division to provide additional assistance to facilitate PSVS functions of the division's Capital Improvement Projects (CIP) and other projects that may arise. Given the significant increase in one-time capital project funding for the City, we have been challenged to deliver projects as timely as anticipated. This position was identified as a key role that would have a significant impact in moving priority projects forward to completion. Administrative Analyst 1/11: $92,700 Salary/Benefits (Annual Cost) • Salary / Benefits (3 months) $ 23,175 One -Time Start -Up Costs: • Workstation / Computer / Phone / Equipment 4,00 Administrative Analyst 1/II Mid -Year Total Cost: L27.175 o PSVS Citizens Oversight Committee voted 6 to 2 to recommend this item. Committee Member Keller was absent. o Prior to taking a vote, Commissioner Member Koman commented that he understood why we are adding this position, however he was concerned why we budget these CIP projects and do not include an overhead component and shouldn't that already be in the process. Strengthen and Diversify our Economic Base (City Council Goal #5) ➢ Economic and Community Development Department - $66,885 ❖ One (1) Economic Development Manager position and necessary equipment/vehicle within the Economic & Community Development Department, will plan, organize, coordinate, administer and direct implementation of PSVS funded projects and programs within the Department, such as the Economic Development Strategic Plan (EDSP), neighborhood revitalization and redevelopment activities. This position will provide the analytical and operational support needed for the Business Success Team. Economic Development Manager: $147,351 Salary/Benefits (Annual Cost) • Salary / Benefits (3 months) $ 36,838 One -Time Start -Up Costs: • Workstation / Computer / Phone / Equipment 2,00 Economic Development Manager Mid -Year Total Cost: 38 838 ❖ One (1) Administrative Analyst 1/II position and necessary equipment/vehicle within the Economic & Community Development Department, will assist with the development of fiscal and economic impact models of projects, develop and maintain performance metrics for PSVS funded and other department activities. The position will provide technical and administrative support to the Department including monitoring and preparing reports on the goals, objectives, and accomplishments of the department. Administrative Analyst 1/I1: $104,187 Salary/Benefits (Annual Cost) • Salary / Benefits (3 months) $ 26,047 One -Time Start -Up Costs: • Workstation / Computer / Phone / Equipment 2,00 Administrative Analyst 1/II Mid -Year Total Cost: 28 047 o PSVS Citizens Oversight Committee voted 6 to 2 to recommend these combined items. Committee Member Keller was absent. No additional comments were made. Page 15 of 21 Strengthen and Diversify our Economic Base (City Council Goal #5) ➢ Economic and Community Development Department - $2 Million ❖ Downtown Redevelopment Fund Allocation of $2 Million: The EDSP as well as the "Making Downtown Bakersfield" plan provide opportunities for evaluation and redevelopment of opportunity properties in the downtown area, assisting development with targeted financial assistance and other projects that would enhance the character and marketability of the urban core of the community. Opportunities include public/private master development for land assembly and development, similar to property the City is redeveloping at the intersection of Q Street & California Avenue. This fund would create the resources to incentivize redevelopment in the Downtown core that is not currently being driven by the private market, with the intent of creating the synergy that would create subsequent private investments in the area. ➢ PSVS Citizens Oversight Committee voted 7 to Ito recommend this item. Committee Member Keller was absent. No additional comments were made. NOTE: Citizens Oversight Committee members provided additional feedback and comments regarding FY 2021-22 mid -year PSVS funding requests as appears below: ➢ Committee Member Biscar stated the reason she voted No on the last several position requests was because she thinks they are probably well deserved; but she would really like to see them as part of the annual budget and not at this particular place or time as a quarterly budget request. ➢ Vice -Chair Abernathy stated that she would echo that these requests are for the Council to decide on a 12 month basis, and she emphasized that we should focus on what can we do to get more police hired in this town. ➢ Committee Member Koman commented that he would like a little bit larger overview of the budget process which would help them make better decisions. Stated that his objection to any of the things he voted against was based on his feeling that they needed to be in the context of a larger strategic plan. He said he supports the idea of a Parks Ranger Program. Page 16 of 21 FY 2021-22 ARPA Mid -Year Budget Requests A summary of proposed mid -year American Rescue Plan Act (ARPA) funding requests for FY 2021-22 is detailed below. The dollar figures represent the new funding requested by strategic category and by the department in which the funds would be budgeted. ONE-TIME ARPA FUNDS Quality Public Safety Services (City Council Goal #11 City Manager's Office - $2 Million ❖ California Violence Intervention and Prevention Program (CaIVIP) Allocation of $2 Million: In February 2020, the State of California Board of State and Community Corrections (BSCC) released the California Violence Intervention and Prevention (CaIVIP) Program Request For Proposals (RFP) Cohort 3 to California cities disproportionately impacted by violence and the Community -Based Organizations (CBO) that serve them. All cities and/or organizations who qualified based on the AB 1603 definition and verified data were encouraged to submit an application following a rubric as outlined in the RFP. The City of Bakersfield was awarded a one-time grant amount of $1.5 million. The CaIVIP program under the city, partners with the Bakersfield Police Department (BPD) and CBO's to identify those who are at highest risk of being a victim or perpetrator or both to gun violence. Those CBO's have selected Case Managers and Intervention Workers who play a critical role in supporting successful outcomes for youth, young adults, and families who have been affected by gun violence. Critical to this program is the necessity of a data management system specifically designed for the program as it relates to outcome measures and process evaluations. This necessity comes as data emerged and is collected, analyzed, and reported by our analyst. A cost will be tailored to a dashboard and user interface that is specifically designed for this program. In addition, the necessity for support staff and ongoing training for the development and sustainability of the violence reduction efforts will support identifying continuity of service delivery; gaps in services/assets as it relates to community needs, demographic identification, and collection to streamline services and processes; and evaluate the program design, implementation, efficacy, and efficiency. Page 17 of 21 Address Homelessness (City Council Goal #2) ➢ Economic & Community Development Department - $10 Million ❖ Affordable Housing Allocation of $5 Million: ARPA provides communities the opportunity to invest in programs or services to support long-term housing security including development of affordable housing. This program will measure how many units are created and how many families are assisted with housing services. This appropriation will be added to the current affordable housing funds and released through a request for project proposals this spring. ❖ Brundage Lane Navigation Center (BLNC) Expansion Allocation of $5 Million: On December 15, 2021, the City Council approved the appropriation of $5.8 million of unappropriated Measure N funds for the expansion of the Brundage Lane Navigation Center (BLNC). ARPA authorizes the use of funding for emergency programs or services for homeless individuals including temporary residences for people experiencing homelessness. The requested appropriation will be utilized to reimburse the City for costs incurred to date for the expansion project, as well as cover the additional costs for the expansion. Maintain Fiscal Solvency (City Council Goal #3) ➢ City Manager's Office (Finance Department) - $7 Million ❖ Direct Staffing Costs Allocation of $7 million: Direct staffing costs allocation of $7 million in ARPA funds allows us to cover the full payroll and covered benefits expenses for Public Safety staff that were initially budgeted with General Fund monies thereby generating substantial savings. Enhance Quality of Life and Public Amenities (City Council Goal #4) Economic & Community Development Department - $8.2 Million ❖ Blighted Properties Purchases Allocation of $2.5 Million: ARPA provides funds to be used for improvements to vacant and abandoned properties, including rehabilitation or maintenance, renovation, removal, remediation, demolition, deconstruction, cleanup. This appropriation will allow the City to identify targeted blighted properties and engage in either acquiring the property or participating in the elimination of the blight. ❖ Home Access Allocation of $500,000: The City currently has a limited income restricted program using Community Development Block Grant (CDBG) funds to assist homeowners with access issues such as wheelchair ramps and other accessibility issues. The limited funding in the current program has limited the type and number of projects. ARPA allows for funds to be expended for home repairs and weatherization. This appropriation would expand the Home Access program to include a wider variety of accessibility projects and increase the number of households assisted by the program. ❖ Tourism Industry Program Allocation of $4 Million: ARPA guidelines provide that the travel, tourism, and hospitality industry is an impacted industry and qualifies for investment of ARPA funding. This program will provide assistance to this industry sector as well as related arts and cultural programs and activities that were impacted by the pandemic. This program will also Page 18 of 21 provide funding to implement a grant program specifically designed to assist small venues, and non-profit organizations that were negatively impacted by the pandemic. ❖ Food Bank Project Allocation of $1.2 Million: Food assistance and food bank programs are eligible for assistance under ARPA guidelines. The Community Action Partnership of Kern (CAPK) Food Bank is Kern County's central food intake and distribution hub. In 2020, CAPK distributed more than 33 million pounds of food to Kern County residents. State and federal commodity contracts, grocery stores, grants, non-profit food networks and generous donations by local individuals and food producers supply the Food Bank. The CAPK's 20,000 square -foot Food Bank building is currently operating beyond capacity. With this allocation of funds, the City will provide much needed financial support to CAPK for the construction of the new food bank location which recently broke ground in southeast Bakersfield. City Manager's Office - $4.5 Million ❖ Blue Zones Wellness Initiative Project Allocation of $4 Million: Blue Zones Project is an evidence -based, proven solution to living longer, and better through community transformation programs that lower healthcare costs, improve productivity, and boost national recognition as great places to live, work, and play. Blue Zones Project takes a unique, systematic approach to improving well-being, by focusing on our "life radius." By optimizing the settings where we routinely spend our time, we make healthy choices easier —and naturally adopt healthier behaviors together as a community. This funding allocation represents a funding set aside that would be revisited by the City Council for more specific project and administration funding as a Blue Zones implementation plan is developed. ❖ Health Care Industry Program Funding Allocation of $500,000: Mitigating the impact of COVID-19 continues to require an unprecedented public health response from state, local, territorial, and Tribal governments. Coronavirus State and Local Fiscal Recovery Funds provide resources to meet these needs through the provision of care for those impacted by the virus and through services that address disparities in public health that have been exacerbated by the pandemic. These funds will help in supporting the public health response to help contain and mitigate the spread of COVID-19 in Bakersfield. Strengthen and Diversify our Economic Base (City Council Goal #5) ➢ Economic and Community Development Department - $2 Million ❖ Workforce Development & Job Training Allocation of $2 Million: The City will partner with educational partners and other organizations to provide internships or apprenticeship programs within the private sector, targeting individuals in the qualified census tracts. This program is consistent with APRA guidelines to provide job training and other assistance to increase employment opportunities. Page 19 of 21 Strengthen and Diversify our Economic Base (City Council Goal #5) AND Invest in Urban Renewal and Downtown Development (City Council Goal #8) ➢ Economic and Community Development Department - $3 Million ❖ Facade Improvements Program Allocation of $1 Million: ARPA guidelines provide the opportunity to assist small businesses in the qualified areas with rehabilitation of commercial properties, storefront improvements and fa4ade improvements. This program will seek to identify block areas that can benefit from an improvement program. This differs from the Economic Opportunity Area (EOA) program in that the EOA program is a single business applicant whereas this program will seek multiple participants in a block level improvement program. ❖ Economic Opportunity Area (EOA) Allocation of $1 Million: Consistent with ARPA guidelines, the City will utilize the framework and structure of the existing ARPA program to provide funding for business rehabilitation and renovation programs. This allocation of funds will expand the existing EOA program to include individual businesses. The EOA program is designed to provide financial assistance to reduce a business's cost of opening, completing building improvements, business expansion, moving costs, development fees and costs associated with required public improvements. ❖ Business District Revitalization Allocation of $1 Million: This investment will complement the proposed $2 million mid -year FY 2021-22 PSVS funded Downtown Redevelopment Fund project to assist in the redevelopment of vacant or blighted properties in other business districts. Page 20 of 21 EXHIBIT "A" FY 2021-22 Public Works Department Mid -Year Budget Requests A summary of proposed mid -year Public Works Department budget requests for FY 2021-22 is detailed below. These proposals are intended to be additional positions that continue or enhance upon initiatives budgeted in the current and prior fiscal years. The dollar figures represent the new funding requested by strategic category and by the department in which the funds would be budgeted. ONGOING SEWER & REFUSE ENTERPRISE FUNDS Enhance Infrastructure (City Council Goal #6) Public Works Department - $233,500 ❖ Refuse Enterprise Fund: One (1) Compliance Inspector (Senate Bill 1383) position and necessary equipment/vehicle within the Solid Waste Division to facilitate Senate Bill 1383 which requires agencies to implement programs to achieve California's climate goals by January 1, 2022. The bill mandates a reduction of organic waste (food waste, green waste, paper products) from 50% in 2022, to 75% by 2025. Agencies must educate, monitor, and enforce penalties for non-compliance to all organic waste generators, commercial edible food generators and self -haulers about these new requirements. The Solid Waste Division requires a new position to fulfill these responsibilities. The added position is reinforced by the recommendation of the City's Solid Waste Consultant. Compliance Inspector (SB 1383): $101,600 Salary/Benefits (Annual Cost) • Salary / Benefits (3 months) $ 25,400 One -Time Start -Up Costs: • Van $ 35,000 • Workstation / Computer / Phone / Equipment 4,00 Compliance Inspector Mid -Year Total Cost: 64 400 ❖ Sewer Enterprise Funds: Two (2) Electrical Technician I positions and necessary office equipment/vehicles within the General Services Division. The Electrical Technician's will focus on servicing and performing routine maintenance for the City's 80 sewer/storm lift stations, as well as address any emergencies that arise. Two (2) Electrical Technician I positions are being requested because of the large amount of lift stations that require maintenance, and for safety issues that require two technicians to complete repairs. Safety issues can relate to hazardous gas, medium and high voltage protections, and confined space entry. Sufficient funds are available in the Sewer Enterprise Fund to afford this request. Electrical Technician I (X2): $183,000 Salary/Benefits (Annual Cost) • Salary / Benefits (3 months) for 2 Positions $ 45,750 One -Time Start -Up Costs: • Service Trucks (X2) $110,000 • Workstation / Computer / Phone / Equipment 13,35 Electrical Technician I (X2) Mid -Year Total Cost: 169 100 Page 21 of 21 EXHIBIT "B" Fiscal Year 2021-22 Mid -Year Appropriations General Fund - $26,365,000 1. Appropriate and transfer $3,000,000 general fund balance to the Police Department capital improvement budget within the Capital Outlay Fund for the Regional Public Safety Radio System Project. 2. Appropriate $250,000 general fund balance to the Police Department operating budget for the purchase of Public Safety Camera Equipment. 3. Appropriate $250,000 general fund balance to the Police Department operating budget for the purchase of Public Safety Drones. 4. Appropriate and transfer $2,200,000 general fund balance to the Fire Department capital budget within the Capital Outlay Fund for the purchase of Self -Contained Breathing Apparatus (SCBA). 5. Appropriate $140,000 general fund balance to the Fire Department operating budget for the purchase of Fire Department Safety Equipment. 6. Appropriate $75,000 general fund balance to the Fire Department operating budget to update the Emergency Operations Plan (EOP) Update. 7. Appropriate and transfer $6,000,000 general fund balance to the Finance Department capital improvement budget within the Capital Outlay Fund for the Enterprise Resource Planning (ERP) Software project. 8. Appropriate and transfer $2,000,000 general fund balance to the Section 115 Pension Trust Fund. 9. Appropriate $4,000,000 general fund balance to the COLA Market Compensation Adjustment Set - Aside to the non -departmental operating budget within the general fund. 10. Appropriate and transfer $500,000 general fund balance to the City Facilities Reserve Fund within the general fund. 11. Appropriate and transfer $1,000,000 general fund balance to the Public Works Department capital improvement budget within the Capital Outlay Fund for Facility Conditions Assessments / City Facility Needs projects. 12. Appropriate $75,000 general fund balance to the City Manager's Office operating budget for Grant Writing Assistance. Page 1 of 5 13. Appropriate $250,000 general fund balance to the Human Resources Department operating budget for preparation of a Classification and Compensation Study. 14. Appropriate $75,000 general fund balance to the Public Works Department operating budget to prepare and complete a Traffic Calming Study. 15. Appropriate $150,000 general fund balance to the City Manager's Office operating budget for Transformative Climate Communities (TCC) Plan Grant Application & Project Management professional contracting services. 16. Appropriate and transfer $1,400,000 general fund balance to the Police Department capital improvement budget within the Capital Outlay Fund for the Bakersfield Police Department Priority Facility Needs. 17. Appropriate and transfer $2,000,000 general fund balance to the Public Works Department capital improvement budget within the Capital Outlay Fund to complete the Mesa Marin Sports Complex project. 18. Appropriate and transfer $500,000 general fund balance to the Public Works Department capital improvement budget within the Capital Outlay Fund for the Convention Center Lobby renovation project. 19. Appropriate and transfer $250,000 general fund balance to the Public Works Department capital improvement budget within the Capital Outlay Fund for the Bicycle/Pedestrian Feasibility Study. 20. Appropriate and transfer $250,000 general fund balance to the Public Works Department capital improvement budget within the Capital Outlay Fund for the 28th Street Sidewalk Project. 21. Appropriate and transfer $1,000,000 general fund balance to the Public Works Department capital improvement budget within the Capital Outlay Fund for the Downtown Infrastructure Planning Project. 22. Appropriate and transfer $1,000,000 general fund balance to the Public Works Department capital improvement budget within the Capital Outlay Fund for the Downtown Streetscape Spruce -Up Project. Public Safety and Vital Services - $23,580,653 1. Appropriate and transfer $5,000,000 PSVS fund balance to the Police Department capital improvement budget within the Public Safety and Vital Services Capital Outlay Fund for the Regional Public Safety Radio System Project. 2. Appropriate and transfer $10,000,000 PSVS fund balance to the Finance Department capital improvement budget within the Public Safety and Vital Services Capital Outlay Fund for the Enterprise Resource Planning (ERP) Software project. Page 2 of 5 3. Appropriate and transfer $2,000,000 PSVS fund balance to the Section 115 Pension Trust Fund. 4. Appropriate and transfer $1,000,000 PSVS fund balance to the City Facilities Reserve Fund within the Public Safety and Vital Services fund. 5. Appropriate $2,000,000 PSVS fund balance to the Economic & Community Development Department operating budget within the Public Safety and Vital Services fund for Economic Development Strategic Plan (EDSP) Implementation. 6. Appropriate and transfer $2,000,000 PSVS fund balance to the Economic & Community Development Department capital improvement budget within the Public Safety and Vital Services Capital Outlay Fund to create a Downtown Redevelopment Fund. 7. Appropriate $699,912 PSVS fund balance to the Recreation and Parks Department operating budget within the Public Safety and Vital Services fund to add eighteen (18) new Park Ranger I positions, one (1) Park Ranger III position, and one (1) Administrative Analyst I position as well as related office equipment. 8. Appropriate and transfer $582,000 PSVS fund balance to the Public Works Department operating budget within the Equipment Management Fund for one-time equipment purchases and ten (10) new vehicle purchases for the Park Ranger Program team. 9. Appropriate $48,750 PSVS fund balance to the Police Financial Services operating budget within the Public Safety and Vital Services fund to add an Accounting Supervisor position and related office equipment. 10. Appropriate $85,706 PSVS fund balance to the Technology Services Department operating budget within the Public Safety and Vital Services fund to add two (2) new Technology Services Division Manager positions and related office equipment. 11. Appropriate $35,225 PSVS fund balance to the Public Works Department operating budget within the Public Safety and Vital Services fund and $35,000 to the Public Works Department operating budget within the Equipment Management Fund to add a new Field Supervisor II (Clean City Coordinator) position and related one-time startup costs and the purchase of a new truck. 12. Appropriate $27,175 PSVS fund balance to the Public Works Department operating budget within the Public Safety and Vital Services fund to add a new Administrative Analyst 1/11 position and related office equipment. 13. Appropriate $38,838 PSVS fund balance to the Economic & Community Development Department operating budget within the Public Safety and Vital Services fund to add a new Economic Development Manager position and related office equipment. 14. Appropriate $28,047 PSVS fund balance to the Economic & Community Development Department operating budget within the Public Safety and Vital Services fund to add a new Administrative Analyst 1/II position and related office equipment. Page 3 of 5 ARPA Funds (American Rescue Plan Act) - $36,700,000 1. Appropriate $2,000,000 ARPA fund balance to the City Manager's Office operating budget for the California Violence Intervention & Prevention (CaIVIP) Program. 2. Appropriate $5,000,000 ARPA fund balance to the Economic & Community Development Department operating budget for Affordable Housing. 3. Appropriate and transfer $5,000,000 ARPA fund balance to the Economic & Community Development Department capital improvement budget within the Capital Outlay Fund for the Brundage Lane Navigation Center (BLNC) Expansion project. 4. Appropriate $7,000,000 ARPA fund balance to the non -departmental operating budget for Direct Staffing Costs. 5. Appropriate $2,500,000 ARPA fund balance to the Economic & Community Development Department operating budget for the Blighted Properties Purchase program. 6. Appropriate $500,000 ARPA fund balance to the Economic & Community Development Department operating budget for the Home Access Program. 7. Appropriate $4,000,000 ARPA fund balance to the Economic & Community Development Department operating budget for the Tourism Industry program. 8. Appropriate $1,200,000 ARPA fund balance to the Economic & Community Development Department capital improvement budget for the Food Bank Project. 9. Appropriate $4,000,000 ARPA fund balance to the City Manager's Office operating budget for the Blue Zones Wellness Initiative Project. 10. Appropriate $500,000 ARPA fund balance to the Economic & Community Development Department operating budget for the Health Care Industry Funding program. 11. Appropriate $2,000,000 ARPA fund balance to the Economic & Community Development Department operating budget for the Workforce Development & Job Training program. 12. Appropriate $1,000,000 ARPA fund balance to the Economic & Community Development Department operating budget for the Facade Improvements Program. 13. Appropriate $1,000,000 ARPA fund balance to the Economic & Community Development Department operating budget for the Economic Opportunity Area (EOA) Funding program. 14. Appropriate $1,000,000 ARPA fund balance to the Economic & Community Development Department operating budget for the Business District Revitalization program. Page 4 of 5 Public Works Department Refuse & Sewer Enterprise Funds - $233,500 1. Appropriate $29,400 Refuse Collection Enterprise fund balance to the Public Works Department operating budget within the Refuse Collection Enterprise fund and $35,000 to the Public Works Department operating budget within the Equipment Management Fund to add a new Compliance Inspector (Senate Bill 1383) position and related one-time startup costs and the purchase of a new van. 2. Appropriate $59,100 Sewer Collection Enterprise fund balance to the Public Works Department operating budget within the Sewer Collection Enterprise fund and $110,000 to the Public Works Department operating budget within the Equipment Management Fund to add two (2) new Electrical Technician I positions and related one-time startup costs and the purchase of two (2) new service trucks and equipment. Page 5 of 5 FY 2021-22 General Fund Mid -Year Budget Requests "I. ...dllCjifa ,. m CICIG 41. Q,r.uafi y IP ubfic Safety Servua. e JJJJ C (:a ##"3 Imaii ntaiiirrn #iscalll Suallverrnry CCG ##4 Enhance Q uafty of iJfe & Pwulo Arune n�6es CCG f#6 Enhance lrnfrastrrr.ur,t ure 4`CG 98 h w?est in Urban Renewrwall & DwowM,urrnto%un Deveioµ rnernt 77, ONE-TIME GENERAL FUNDS Quality Public Safety Services (CCG #1) AMOUNT Enhance Quality of Life & Public Amenities (CCG #4) AMOUNT Regional Public Safety Radio System Project $ 3,000,000 Mesa Marin Sports Complex $ 2,000,000 Public Safety Camera Equipment 250,000 Convention Center Lobby Project 500,000 Public Safety Drones 250,000 Self -Contained Breathing Apparatus (SCBA) 2,200,000 Enhance Quality of Life & Public Amenities (CCG #4) Total: $ 2,500,000 Fire Department Safety Equipment 140,000 Emergency Operations Plan (EOP) Update 75,000 Enhance Infrastructure (CCG #6) AMOUNT Police Department Priority Facility Needs 1,400,000 Quality Public Safety Services (CCG #1) Total: $ 7,315,000 Traffic Calming Study Improve Bicycle and Pedestrian Facility Study $ 75,000 250,000 Maintain Fiscal Solvency (CCG #3) AMOUNT Enterprise Resource Planning (ERP) Software $ 6,000,000 28th Street Sidewalk Project 250,000 Section 115 Pension Trust Fund 2,000,000 Enhance Infrastructure (CCG #6) Total: $ 575,000 COLA Market Compensation Adjustment Set -Aside 4,000,000 FY 2022-23 Carryovers 10,000,000 Invest in Urban Renewal & Downtown Dev. (CCG #8) AMOUNT City Facilities Reserve Fund 500,000 Facility Condition Assessment/City Facility Needs 1,000,000 Transformative Climate Communities (TCC) Plan $ 150,000 Grant Writing Assistance 75,000 Downtown Infrastructure Planning Project 1,000,000 Classification & Compensation Study 250,000 Downtown Streetscape Spruce -Up Project 1,000,000 Maintain Fiscal Solvency (CCG #3) Total: $ 23,825,000 linvestin Urban Renewal & Downtown Dev. (CCG #8) Total: $ 2,150,000 ONE-TIME General Funds Grand Total: $36,365,000 Page 1 of 4 FY 2021-22 PSVS Funds Mid -Year Budget Requests One -Time PSVS Funds,: $20,,000,000 IVA CCG #1 Q 11 CCG #3 1 HI, CCG #5 St Econcmnk Page 2 of 4 FY 2021-22 PSVS Funds Mid -Year Budget Requests ONE-TIME PSVS FUNDS ONGOING PSVS FUNDS Quality Public Safety Services (CCG #1) AMOUNT Quality Public Safety Services (CCG #1) AMOUNT Regional Public Safety Radio System Project $ 5,000,000 Park Ranger Program (PRP) $ 1,281,912 Police Financial Services Accounting Supervisor 48,750 Quality Public Safety Services (CCG #1) Total: $ 51000,000 Quality Public Safety Services (CCG #1) Total: $ 1,330,662 Maintain Fiscal Solvency (CCG #3) AMOUNT Maintain Fiscal Solvency (CCG #3) AMOUNT Enterprise Resource Planning (ERP) Software $ 10,000,000 Technology Services Dept. Division Managers (X2) $ 85,706 Section 115 Pension Trust Fund 2,000,000 City Facilities Reserve Fund 1,000,000 Maintain Fiscal Solvency (CCG #3) Total: $ 13,000,000 Maintain Fiscal Solvency (CCG #3) Total: $ 85,706 Strengthen & Diversify our Economic Base (CCG #5) AMOUNT Strengthen & Diversify our Economic Base (CCG #5) AMOUNT Economic Development Strategic Plan Implementation $ 2,000,000 Downtown Redevelopment Fund $ 2,000,000 Economic Development Manager 38,838 Economic Development Administrative Analyst 1/11 28,047 Strengthen & Diversify our Economic Base (CCG #5) Total: $ 2,000,000 Strengthen & Diversify our Economic Base (CCG #5) Total: $ 2,066,885 Enhance Infrastructure (CCG #6) AMOUNT Clean City Field Supervisor 11 $ 70,225 Public Works Dept. Administrative Analyst 1/11 27,175 Enhance Infrastructure (CCG #6) Total: $ 97,400 ONE-TIME PSVS Funds Grand Total: $20,000,000 ONGOING PSVS Funds Grand Total: $ 3,580,653 Page 3 of 4 FY 2021-22 ARPA Funds Mid -Year Budget Requests ARPA w,, 1 M wi .. .« . in CCG, ##1 Quafity Pubhc SafetyServk:es :w':CG 442 Address Ffi,,)rnmeVessrness III» CCG #3 Maintain Fiscal a ve nc: CCG G ##4 Enhance e Quafity of Life & P ubh Armen tines ilir t'CG ##5 Strenghten & E;:uversif"f our, E:c:o norrni°ic; Base t'4wG #8 1 nvest urn u»E,u,ba n E4caruewal &: Downtown 4'tecnubc -)anent ONE-TIME ARPA FUNDS Quality Public Safety Services (CCG #1) AMOUNT Enhance Quality of Life & Public Amenities (CCG #4) AMOUNT California Violence Intervention & Prevention Program $ 2,000,000 Blighted Properties Purchase $ 2,500,000 Home Access 500,000 Quality Public Safety Services (CCG #1) Total: $ 2,000,000 Tourism Industry Food Bank Project 4,000,000 1,200,000 Address Homelessness (CCG #2) AMOUNT Affordable Housing $ 5,000,000 Blue Zones Wellness Initiative 4,000,000 Brundage Lane Navigation Center (BLNC) Expansion 5,000,000 Health Care Industry Program 500,000 Address Homelessness (CCG #2) Total: $ 10,000,000 Enhance Quality of Life & Public Amenities (CCG #4) Total: $ 12,700,000 Maintain Fiscal Solvency (CCG #3) AMOUNT Strengthen & Diversify our Economic Base (CCG #5) AMOUNT Direct Staffing Costs $ 7,000,000 Workforce Development &Job Training $ 2,000,000 Maintain Fiscal Solvency (CCG #3) Total: $ 7,000,000 Strengthen & Diversify our Economic Base (CCG #5) Total: $ 2,000,000 Invest in Urban Renewal & Downtown Dev. (CCG #8) AMOUNT Fagade Improvements Program $ 1,000,000 Economic Opportunity Area (EOA) 1,000,000 Business District Revitalization 1,000,000 Invest in Urban Renewal & Downtown Dev. (CCG #8) Total: $ 3,000,000 ONE-TIME ARPA Funds Grand Total: $36,700,000 Page 4 of 4 %a 17777", ADMINISTRATIVE REPORT MEETING DATE: 3/2/2022 New Business 13. b. TO: Honorable Mayor and City Council FROM: Christian Clegg, City Manager DATE: 2/24/2022 WARD: SUBJECT: SB 866 (Weiner, Pan) and SB 871 (Pan) regarding COVID-19 vaccine mandates. STAFF RECOMMENDATION: Staff recommends Council consideration and determination on this item. BACKGROUND: At the February 23, 2022 meeting of the Bakersfield City Council, Councilmember Patty Gray made a referral for staff to develop a letter to the California State Legislature regarding two bills - SB 866 (Weiner, Pan) and SB 871 (Pan). Both bills are related to COVID-19 vaccine mandates. In making the referral, Councilmember Gray expressed concern with unreasonable state policies that cause residents to leave the State of California and the threat they pose to freedom and liberty. The State of California Legislative Counsel has provided the following description of the two bills: SB 866 (Weiner, Pan): Existing law prescribes various circumstances under which a minor may consent to their medical care and treatment without the consent of a parent or guardian. These circumstances include, among others, authorizing a minor 12 years of age or older who may have come into contact with an infectious, contagious, or communicable disease to consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation to be reported to the local health officer, or is a related sexually transmitted disease, as may be determined by the State Public Health Officer. This bill would additionally authorize a minor 12 years of age or older to consent to vaccines that meet specified federal agency criteria. The bill would authorize a vaccine provider, as defined, to administer a vaccine pursuant to the bill, but would not authorize the vaccine provider to provide any service that is otherwise outside the vaccine provider's scope of practice. SB 871 (Pan): Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, childcare center, day nursery, nursery school, family day care home, or development center, unless prior to their admission to that institution they have been fully immunized against various diseases, including measles, mumps, pertussis, hepatitis B, and any other disease deemed appropriate by the State Department of Public Health, as specified. Existing law authorizes an exemption from those provisions for medical reasons. Under existing law, notwithstanding the above -described prohibition, full immunization against hepatitis B is not a condition by which the governing authority admits or advances a pupil to the 7th grade level of a public or private elementary or secondary school. This bill would remove the above -described exception relating to hepatitis B. The bill would additionally prohibit the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, childcare center, day nursery, nursery school, family day care home, or development center, unless prior to their admission to that institution they have been fully immunized against COVI D- 19. To the extent that the bill would create new duties for school districts, the bill would impose a state -mandated local program. For purposes of the additional immunizations deemed appropriate by the department, and that would be mandated before a pupil's first admission to the institution, existing law requires that exemptions be allowed for both medical reasons and personal beliefs. This bill would repeal that provision, thereby removing the personal belief exemption from any additional immunization requirements deemed appropriate by the department. Staff recommends Council consideration and determination on this item. ATTACHMENTS: Description Type &I:::t 866 (1 liei neir): "'Re,e ins C®Ihoose, Van,d i nes Ftcl Backup IMateirii ll tall::: 71 (Fllain): (Keep Schools Open and Safe, c't Badk,nll:, Material BAKERSFIELD THE SOUND OFe ` March 2, 2022 Senator Scott Wiener 10210 Street, Suite 6630 Sacramento, CA 95814 Re: OPPOSITION — SB 866 (Wiener): Teens Choose Vaccines Act Dear Senator Wiener, On behalf of the City of Bakersfield, we must respectfully oppose your bill SB 866, which permits minors 12 years and older to consent to vaccination when the vaccine is approved by the United States Food and Drug Administration (FDA) and meets the recommendations of the Advisory Committee on Immunization Practices (ACIP) of the Centers for Disease Control and Prevention. We firmly believe there will be unattended consequences from uninformed minors who may not be fully aware of their own health history to make such decisions. For these reasons, we must respectfully oppose SB 866. Should you have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916) 974-9270 or Sincerely, Karen Goh Mayor, City of Bakersfield CC: The Honorable Shannon Grove, California State Senate, District 16 The Honorable Melissa Hurtado, California State Senate, District 1 The Honorable Rudy Salas, California State Assembly, District 32 The Honorable Vince Fong, California State Assembly, District 34 City of Bakersfield City Council 1600 Truxtun Avenue, Bakersfield, CA 93301 661-326-3751 FAX:661-324-1850 BAKERSFIELD THE SOUND OFe ` March 2, 2022 Senator Richard Pan 10210 Street, Suite 7320 Sacramento, CA 95814 Re: OPPOSITION — SB 871 (Pan): Keep Schools Open and Safe Act Dear Senator Pan, On behalf of the City of Bakersfield, we must respectfully oppose your bill SB 871, the Keep Schools Open and Safe Act, which will require all students who are attending school in person to be vaccinated against COVID-19 and removes exemptions based on personal belief. We firmly believe there will be unattended consequences from desperate parents who have firm beliefs, both personal and medical, against vaccinations. For these reasons, we must respectfully oppose SB 871. Should you have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916) 974-9270 or Sincerely, Karen Goh Mayor, City of Bakersfield CC: The Honorable Shannon Grove, California State Senate, District 16 The Honorable Melissa Hurtado, California State Senate, District 1 The Honorable Rudy Salas, California State Assembly, District 32 The Honorable Vince Fong, California State Assembly, District 34 City of Bakersfield City Council 1600 Truxtun Avenue, Bakersfield, CA 93301 661-326-3751 FAX:661-324-1850